Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Monday 4 February 2019
In-Home Caregiver Pleads Guilty in Elder Fraud CaseRead the Press Release
NEWPORT NEWS, Va. – A Hampton woman pleaded guilty today to aggravated identity theft for stealing over $21,000 from an elderly client.
According to court documents, Sandra Payne, 47, was employed to provide in-home care for an elderly client in Newport News. During the course of her employment at that residence, Payne gained access to credit and debit card account numbers belonging to the family of her client. She used that data, without lawful authority or the knowledge and consent of the account owners, to purchase goods and services in excess of $21,000 at various merchants in the Tidewater area.
Payne pleaded guilty to aggravated identity theft and faces a mandatory minimum sentence of two years in prison when sentenced on May 13. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
In 2018 the Department of Justice and its law enforcement partners coordinated the largest sweep of elder fraud cases in history. The cases involved more than 250 defendants from around the globe who victimized more than a 1 million Americans, most of whom were elderly. The cases include criminal, civil, and forfeiture actions across more than 50 federal districts.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Peter R. Rendina, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service, made the announcement after U.S. District Judge Robert G. Doumar accepted the plea. Assistant U.S. Attorney Megan M. Cowles and Special Assistant U.S. Attorney Chad W. McHenry are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:18-cr-98.
Illegal Alien Sentenced for Using Another Person’s Social Security NumberRead the Press Release
A Guatemalan man who used another person’s social security number to complete employment paperwork was sentenced today to five months in federal prison.
Adner Toj-Velasquez, age 35, a citizen of Guatemala illegally present in the United States and residing in Postville, Iowa, received the prison term after a November 26, 2018, jury verdict finding him guilty of one count of misuse of a social security number.
The evidence at trial showed that on February 8, 2015, Toj-Velasquez used someone else’s social security number on employment and tax documents when applying for work in Luana, Iowa. On the employment form, Toj-Velasquez falsely claimed to be a United States citizen.
Toj-Velasquez was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Toj-Velasquez was sentenced to five months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Toj-Velasquez 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 Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-1036-CJW. Follow us on Twitter @USAO_NDIA.
Guatemalan Man Sentenced to Prison for Illegally Reentering the United StatesRead the Press Release
A Guatemalan man who illegally returned to the United States after being deported was sentenced today to three months in federal prison.
Domingo Pacheco-Poo, age 44, a citizen of Guatemala illegally present in the United States and residing in Mount Pleasant, Iowa, received the prison term after a December 10, 2018, guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Pacheco-Poo admitted he had previously been deported from the United States in July 2012 and September 2012 and illegally reentered the United States without the permission of the United States government. Pacheco-Poo was convicted in Arizona in August 2012 of illegal entry into the United States. Pacheco-Poo was also given a voluntary return to Mexico in April 2006 where he used an alias and claimed to be a Mexican citizen. Pacheco-Poo was found by immigration officials in November 2018 when he unexpectedly accompanied his family to the immigration office in Cedar Rapids, Iowa, where the other members of his family were required to report. Fingerprints confirmed Pacheco-Poo’s identity and his prior removal.
Pacheco-Poo, under an alias name, also used fraudulent identification documents and a Social Security number issued to another person to complete employment paperwork in August 2014 at a business in Mount Pleasant, Iowa. Pacheco-Poo failed to report to work in May 2018 when immigration officials executed a search warrant at that business and arrested other illegal aliens.
Pacheco-Poo was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Pacheco-Poo was sentenced to 92 days’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Pacheco-Poo is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-109-CJW.
Follow us on Twitter @USAO_NDIA.
Four Men Convicted in String of Robberies of Auto Parts Stores Throughout Twin Cities MetroRead the Press Release
United States Attorney Erica H. MacDonald today announced the conviction of TONY LENDELL REED, 32, of Memphis, Tennessee, for robbery. Following a five-day trial before U.S. District Judge Joan N. Ericksen, in Minneapolis, Minnesota, a federal jury found REED guilty on February 1, 2019, of six counts of interference with commerce by robbery, known as the Hobbs Act. The Hobbs Act prohibits actual or attempted robbery affecting interstate or foreign commerce “in any way or degree.”
Co-defendant ORLANDO LORENZO HARRIS, 36, of Minneapolis, Minnesota, pleaded guilty on March 22, 2018, to two counts of Hobbs Act robbery.
Co-defendant DERF REGLAN RAHINE REED, 46, of Chicago, Illinois, pleaded guilty on November 13, 2018, to one count of Hobbs Act robbery.
Co-defendant TYRELL DANDRE CAMPBELL, 24, of Minneapolis, Minnesota, pleaded guilty on November 27, 2018, to one count of Hobbs Act robbery.
As proven at trial and in documents filed in court, on six separate occasions, REED and his co-defendants robbed auto parts stores throughout the Twin Cities metro region. During each of the robberies, the defendants displayed what appeared to the victims to be a gun, threatened the victims, and demanded money. REED and his co-defendants also restrained the employees of the stores they robbed, using zip ties to bind the victims’ wrists and ankles.
United States Attorney Erica H. MacDonald thanked the Minneapolis Division, Chicago Division, and Memphis Division of the FBI, the Minneapolis Police Department, the Crystal Police Department, the Columbia Heights Police Department, the White Bear Lake Police Department, the Anoka County Sheriff’s Office, and the Holly Springs, Mississippi Police Department for their work in investigating the robberies.
United States Attorney MacDonald further thanked Assistant United States Attorneys LeeAnn K. Bell and Ruth Shnider who prosecuted the case.
Defendant Information:
TONY LENDELL REED, 32
Memphis, Tennessee
Convicted:
- Interference with Commerce by Robbery (Hobbs Act), 6 counts
ORLANDO LORENZO HARRIS, 36
Minneapolis, Minnesota
Convicted:
- Interference with Commerce by Robbery (Hobbs Act), 2 counts
DERF REGLAN RAHINE REED, 46
Chicago, Illinois
Convicted:
- Interference with Commerce by Robbery (Hobbs Act), 1 count
TYRELL DANDRE CAMPBELL, 24
Minneapolis, Minnesota
Convicted:
- Interference with Commerce by Robbery (Hobbs Act), 1 count
Additional news available on our website.
Follow us on Twitter and Facebook.
United States Attorney’s Office, District of Minnesota: (612) 664-5600
Former Teller Pleads Guilty to Embezzling $125,000Read the Press Release
KANSAS CITY, KAN. – A former bank teller in Leavenworth pleaded guilty Monday to embezzling more than $125,000, U.S. Attorney Stephen McAllister said.
Charles Lee Staples, 42, Leavenworth, Kan., pleaded guilty to one count of embezzlement by a bank employee. In his plea, he admitted the crime occurred while he was a teller at Mutual Savings Association in Leavenworth. An audit revealed that Staples took the money from his teller drawer. To cover up the crime, he made false entries in bank reports.
Sentencing is set for April 22. Staples agreed to pay back the full amount of the theft. Both parties agreed to recommend a sentence of three years on supervised release.
McAllister commended the FBI and Assistant U.S. Attorney Jabari Wamble for their work on the case.
Former Jackson County Kentucky Treasurer Pleads Guilty to Identity Theft and Wire Fraud SchemeRead the Press Release
The former treasurer of Jackson County, Kentucky, pleaded guilty today to devising a scheme to defraud the Jackson County Fiscal Court of over $160,000 and to misusing the identity of a Jackson County employee to facilitate her theft.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Robert M. Duncan for the Eastern District of Kentucky, and Special Agent in Charge James (Robert) Brown Jr. of the FBI’s Louisville, Kentucky Field Division and Commissioner Richard Sanders of the Kentucky State Police, made the announcement.
Beth N. Sallee, 38, of McKee, Kentucky, pleaded guilty to one count of aggravated identity theft and to one count of wire fraud. Sallee will be sentenced on June 18, 2019 before U.S. District Court Judge Claria Horn Boom for the Eastern District of Kentucky.
According to admissions made in connection with her guilty plea, Sallee admitted that beginning in 2013, she misused her position to write a number of checks, totaling approximately $161,808.23, payable to herself without the approval of the Jackson County Fiscal Court. Sallee deposited these checks into her own personal checking account or for cash. The unauthorized checks drew on various Jackson County Fiscal Court accounts, including the Department of Emergency Services grant, payroll, and general fund accounts. To enable her scheme, Sallee forged the signature of other Jackson County employees on unauthorized checks without their knowledge or permission. She later attempted to conceal her scheme by removing pages of Jackson County financial documents, obscuring page numbers with white-out, and requesting the removal of check images from bank statements that were to be given to an auditor.
The investigation was conducted by the FBI and the Kentucky State Police. The case is being prosecuted by Trial Attorney Jessica C. Harvey of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Andrew T. Boone of the Eastern District of Kentucky.
Former Echo Housing Corporation executive director indicted on three counts of theftRead the Press Release
Evansville –United States Attorney Josh J. Minkler announced today that an Evansville, Indiana woman who worked as the Executive Director at Echo Housing Corporation, was indicted on three counts of theft concerning programs receiving federal funds. Stephanie L. TenBarge, 71, Evansville, was arrested today and will appear before a federal magistrate judge for her initial appearance.
Echo Housing Corporation is a non-profit organization based in Evansville. Echo’s mission is to create and sustain safe and affordable housing, provide supportive services, and promote community development for homeless men, women, children, and veterans.
“The public deserves better from officials in positions of trust,” said Minkler. “When public officials line their pockets with taxpayer dollars intended for homeless men, women, children, and veterans, they should expect the scrutiny of state and federal law enforcement and the necessarily harsh consequences that follow. The Evansville community deserves better from the public officials they trust with taxpayer dollars. This office intends to hold those who abuse their position of trust accountable.”
TenBarge served as Executive Director of Echo Housing Corporation and in that role had the primary responsibilities of bookkeeping, balancing bank statements, and preparing finance reports and records for Echo’s Board of Directors to approve. TenBarge maintained and controlled Echo’s checking accounts and had the ability to direct funds from the organization’s accounts to herself and other individuals.
From January 1, 2015 through December 31, 2017, TenBarge is alleged to have embezzled funds from Echo Housing Corporation by making unauthorized payments to herself, using Echo funds to pay for personal goods, services and property taxes, and issuing unauthorized payroll checks to herself. During this time period, Echo received federal funds from the U.S. Department of Housing and Urban Development, the U.S. Department of Justice, and the U.S. Department of Labor.
This investigation was a collaborative effort between the Federal Bureau of Investigation, Evansville Police Department, U.S. Department of Housing and Urban Development Office of Inspector General, Indiana State Board of Accounts, and United States Secret Service.
“The alleged actions of Mrs. TenBarge, using her official position for personal gain, grossly undermines the honest work being done every day by public officials,” said Grant Mendenhall, Special Agent in Charge of the FBI's Indianapolis Division. “Working with our law enforcement partners to investigate public officials who commit federal crimes and victimize the people they should be serving, is one of the FBI's highest criminal priorities.”
“The actions of Mrs. TenBarge had a direct impact on those who rely on ECHO Housing funds as a means of accessing affordable housing,” stated Billy Bolin, Evansville Police Chief. “Throughout this investigation, we remained committed to achieving justice for everyone involved in this case. The diligence by Financial Crimes Unit investigators and our federal law enforcement partners has led to the arrest of Mrs. TenBarge. This investigation and subsequent arrest is a reminder that there are no victimless crimes. To our federal law enforcement partners, we say thank you for your ongoing support of our local agencies.”
“The charges disclosed today prove our continuing resolve to root out fraud and corruption in all forms,” said Brad Geary, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General. “It is our continuing core mission to work with our Federal law enforcement partners and the United States Attorney’s Office to protect the integrity of our housing programs and to take strong action against those who seek to personally benefit from taxpayer-funded grants.”
“This case illustrates the importance of having effective internal controls that detect and mitigate fraud risks,” said State Examiner Paul Joyce on behalf of the State Board of Accounts. “Whether it involves a governmental unit or a nonprofit administering public funds, we take fraud and misappropriation cases seriously. These cases are also good illustrations of the importance of our collaboration with law enforcement and prosecutors to hold these individuals accountable for violating the public trust.”
“A violation of public trust deserves consequence,” stated Paul Dvorak, Special Agent in Charge of the U.S. Secret Service Indianapolis Field Office. “Mrs. TenBarge abused this trust by using public funds for personal use. The collaborative effort between the Evansville Police Department and federal agencies resulting in Mrs. TenBarge’s arrest serves as a reminder that breach of public trust and theft will be prosecuted.”
According to Assistant United States Attorney Kyle Sawa, who is prosecuting this case for the government, TenBarge faces up to 10 years for each count if convicted.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the Office’s firm commitment to prosecuting large-scale fraud schemes that warrant federal resources and arrest those who abuse their positions of trust. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 5.3.
Former East Bay Resident Sentenced to over 7 Years in Prison for Being A Felon in Possession of A FirearmRead the Press Release
OAKLAND – Ray Lee Howard was sentenced today to 92 months in prison for being a felon in possession of a firearm and ammunition, announced United States Attorney David L. Anderson and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The Honorable Haywood S. Gilliam, Jr., U.S. District Judge, handed down the sentence.
Howard, 47, previously of Oakland, pleaded guilty to the charge on October 23, 2018. According to his plea agreement, Howard admitted that on July 20, 2018, he brought a loaded semi-automatic assault rifle into the residence of a woman with whom, pursuant to a protective order, he was prohibited from having contact. Howard also was not permitted to possess firearms and ammunition because he previously had been convicted of felonies. The assault rifle included a magazine loaded with nine rounds of .223 caliber bullets. Howard acknowledged that he concealed the rifle and magazine in a black fabric guitar case that he brought into the woman’s home.
On August 23, 2018, a federal grand jury indicted Howard charging him with one count of being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1). Howard pleaded guilty to the charge.
Judge Gilliam also sentenced the defendant to a three-year period of supervised release to follow the prison term. The defendant currently is in custody and will begin serving the sentence immediately.
Assistant U.S. Attorney Thomas Green is prosecuting the case with the assistance of Noble Hughes and Elyza Delgado. The prosecution is the result of an investigation by the FBI.
Former Director of Pharmacy Services for Children’s Hospital and Medical Center Pleads Guilty to Wire FraudRead the Press Release
United States Attorney Joe Kelly announced today that Lisa Kwapniowski, age 49, of Omaha, Nebraska, pleaded guilty to committing wire fraud, in violation of Title 18, United States Code, Section 1343. Kwapniowski pleaded guilty before Senior United States District Court Judge Laurie Smith Camp. Kwapniowski is scheduled to be sentenced on April 29, 2019 by Senior Judge Smith Camp. Wire Fraud is punishable by up to 20 years’ imprisonment and a $250,000 fine. As part of her sentence, Kwapniowski will be ordered to pay restitution in the amount of $4,622,234, minus any payments made prior to sentencing. Kwapniowski has also agreed to forfeit her interest in a residence she owns in Elkhorn, Nebraska.
An Information filed in the United States District Court for the District of Nebraska alleges that from 2010 to 2018, Kwapniowski, the former Director of Pharmacy Services for Children’s Hospital and Medical Center (“Children’s Hospital”) located in Omaha, Nebraska, defrauded Children’s Hospital out of more than $4,622,234. Beginning sometime prior to 2010, Kwapniowski submitted to Children’s Hospital fraudulent invoices from legitimate pharmaceutical suppliers. Kwapniowski then submitted reimbursement requests utilizing fraudulent invoices from a company she fraudulently created. In early 2012, Kwapniowski set up a business she named RxSynergy. Kwapniowski began to submit fraudulent invoices from RxSynergy to Children’s Hospital for payment. The invoices purported to be for pharmaceuticals and supplies, however, neither RxSynergy nor Kwapniowski ever provided any goods to Children’s Hospital in relation to the invoices. A number of the RxSynergy invoices were for a drug called Broxcilam, which was not a real drug. Kwapniowski fraudulently invoiced Children’s Hospital at least 227 times between 2012 and 2018.
The Information further alleges that between January 2012 and November 2013 Kwapniowski submitted fraudulent invoices to Children’s Hospital that appeared to come from PharMedium, a legitimate pharmaceutical vendor. Kwapniowski created fraudulent invoices directed to Children’s Hospital that appeared to come from PharMedium. Using a PayPal vendor’s account Kwapniowski had created using the name Advantage RX, Kwapniowski would utilize PayPal’s website to make a payment to the Advantage RX PayPal account, using a Children’s Hospital corporate credit card. Kwapniowski would submit to Children’s Hospital the fraudulent PharMedium invoices along with an internal approval form, which would act as the justification for Children’s Hospital to pay the outstanding corporate credit card bill. Children’s Hospital would pay the credit card company directly. Kwapniowski then transferred funds from the fraudulent Advantage RX PayPal account to her personal bank account.
This case was investigated by the Federal Bureau of Investigation.
Former Army Soldier Sentenced to 12 Years in Federal Prison for Production of Child PornographyRead the Press Release
Greenbelt, Maryland – U.S. District Judge Theodore D. Chuang today sentenced Frank Crawford III, age 22, formerly of Virginia, to 12 years in federal prison, followed by 10 years of supervised release, for receipt of child pornography in which he enticed a minor victim to send him sexually explicit photos of herself. Upon his release from prison, Crawford must register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; and Calvert County Sheriff Mike Evans.
According to his plea agreement, over a period of four to five days, Crawford, then 21 years old and enlisted in the U.S. Army, had sexualized discussions with a 14-year-old Maryland victim. On May 4, 2017, Crawford persuaded the victim to send him sexually explicit images of herself. Crawford admitted that he and the victim used an interactive live chat service to engage in sexually explicit conduct. Crawford further admitted that he knew the victim was a minor.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Robert K. Hur commended the FBI and the Calvert County Sheriff’s Office for their work in this investigation and thanked Assistant U.S. Attorney Joseph R. Baldwin, who is prosecuting the case.
# # #
Federal Jury Convicts Last Man Standing in 29-Defendant Organized Crime Case in Myrtle BeachRead the Press Release
Florence, South Carolina ---- United States Attorney Sherri A. Lydon announced today that John Henry Johnson, age 68, of Myrtle Beach, South Carolina, was convicted by a federal jury after three days of trial during the lapse in government appropriations. The jury found Johnson guilty of one count of conspiracy to distribute heroin and two counts of the attempted distribution of heroin in January and February of 2017. Johnson faces up to 30 years in federal prison as a result of these convictions.
The evidence presented at trial revealed that the DEA and the FBI, working in conjunction with state and local law enforcement, began investigating a drug trafficking organization whose members operated in Myrtle Beach, North Myrtle Beach, Atlantic Beach, and Florence, South Carolina, and in southern North Carolina. Some members of this organization were members of a national criminal gang that sells drugs and firearms, and commits violence to generate illegal revenue. These gang members worked with other non-gang members of the drug trafficking organization, including Johnson, to enhance profits they made from the sale of heroin, cocaine, fentanyl, and marijuana.
Targeting drug distribution activity and related violent crime in the Myrtle Beach area, federal and state law enforcement agencies engaged in an investigation lasting over two years and used wire and electronic intercepts and other investigative techniques to identify members of this organization, including Johnson.
The evidence showed that Johnson was a mid-level heroin distributor who purchased heroin and fentanyl from the organization’s main source of supply for drugs. During his participation in the organization, Johnson sold thousands of dollars’ worth of heroin and fentanyl to his customers, sometimes meeting his supplier in the parking lot of drug rehabilitation facilities to buy heroin and fentanyl to sell to his customers.
The investigation was conducted by the FBI, the DEA, the Horry County Sheriff’s Office, the Horry County Police Department, the Myrtle Beach Police Department, the North Myrtle Beach Police Department, and the Georgetown Police Department. Assistant U.S. Attorney Justin Holloway from the Florence office and Assistant U.S. Attorney Andy Moorman from the Greenville office prosecuted the case.
#####
Federal Drug Trafficking Prosecutions UpdateRead the Press Release
SIOUX FALLS, S.D. – United States Attorney Ron Parsons announced additional case developments in federal drug prosecutions occurring in approximately the past six weeks. During any lapse in Congressional appropriations, the U.S. Department of Justice has contingency procedures to ensure that the Department’s essential public safety and national security missions continue unabated. As a result, the U.S. Attorney’s Office and federal investigative agencies continued to work full-time alongside their state, local, and tribal partners on all criminal cases and prosecutions throughout the partial federal government shutdown, which now has ended.
“The men and women at every level of law enforcement working here in South Dakota should be commended for their exceptional efforts in helping to bring drug trafficking offenders to justice and take these deadly poisons off the streets,” said U.S. Attorney Parsons. “The high quality of investigative police work done by these professionals continues to produce outstanding results.”
In approximately the past six weeks, the following investigations, involving 42 criminal defendants, have resulted in previously unannounced indictments, arraignments, guilty pleas, or prison sentences in drug-related prosecutions by the U.S. Attorney’s Office for the District of South Dakota. In the cases listed below, 33 defendants were involved in trafficking methamphetamine, and at least 11 defendants were involved in trafficking opioids such as heroin and fentanyl.
FEDERAL INDICTMENTS
Shannon Lee Coon. On December 11, 2018, Shannon Lee Coon (age 42) of Sioux Falls, SD, was arraigned before U.S. Magistrate Judge Veronica L. Duffy on a federal charge for conspiracy to distribute 500 grams or more of methamphetamine and pleaded not guilty to the Indictment. The charge is merely an accusation and Coon is presumed innocent until and unless proven guilty.
Curtis Samuel Webb and Roderick Leon Scott. Curtis Samuel Webb, also known as Corey Shawn Smith (age 42) and Roderick Leon Scott (age 43) both of Sioux Falls, SD, were indicted for conspiracy to distribute 500 grams or more of methamphetamine. On December 14, 2018, Webb was arraigned before U.S. Magistrate Judge Veronica L. Duffy and pleaded not guilty to the Indictment. On December 18, 2018, Scott was arraigned before Judge Duffy and also pleaded not guilty to the Indictment. Both Webb and Scott were remanded to the custody of the U.S. Marshals. These charges are merely accusations and Webb and Scott are presumed innocent until and unless proven guilty.
Jess Brian Ducheneaux. On December 18, 2018, Jess Brian Ducheneaux (age 56) of Eagle Butte, SD, was arraigned before U.S. Magistrate Judge Mark A. Moreno on a federal charge of Conspiracy to Distribute a Controlled Substance (methamphetamine). Ducheneaux pleaded not guilty and was remanded to the custody of the U.S. Marshals. On January 23, 2019, a Superseding Indictment was filed charging Ducheneaux with conspiracy to distribute methamphetamine, and adding additional charges of maintaining a drug-involved premises in Ridgeview, SD, for the purpose of distributing methamphetamine, distributing it to a person under the age of 21, possession of methamphetamine, and being a prohibited person in possession of a firearm. These charges are merely accusations and Ducheneaux is presumed innocent until and unless proven guilty.
Michael Anthony Williams. On December 18, 2018, Michael Anthony Williams (age 32) of Sioux Falls, SD, was arraigned before U.S. Magistrate Judge Veronica L. Duffy for conspiracy to distribute 500 grams or more of methamphetamine. He pleaded not guilty to the Indictment. The maximum penalty is a mandatory 10 years in federal prison up to life. Williams was remanded to the custody of the U.S. Marshals. The charge is merely an accusation and Williams is presumed innocent until and unless proven guilty.
Felon Marie Bad Milk. On December 18, 2018, a federal indictment was filed against Felon Marie Bad Milk, a/k/a Fallon (age 34), of Manderson, SD, charging her with False Statements Relating to Health Care Matters and Attempt to Obtain Controlled Substance by Fraud (hydrocodone, a prescription opioid). She was arraigned before U.S. Magistrate Judge Daneta Wollmann on December 21, 2018, and pleaded not guilty to the Indictment. These charges are merely accusations and Bad Milk is presumed innocent until and unless proven guilty.
Michael Carey and Robin Wallach. Husband and wife Michael David Carey (age 57) and Robin Lianne Wallach (age 55), both of Rapid City, SD, were federally indicted for Conspiracy to Distribute a Controlled Substance (methamphetamine). Carey was additionally charged with Possession with Intent to Distribute a Controlled Substance (methamphetamine). On December 21, 2018, Wallach appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment. At his arraignment before Judge Wollmann in November, Carey also pleaded not guilty to the Indictment. These charges are merely accusations and Carey and Wallach are presumed innocent until and unless proven guilty.
Michael Bettelyoun. On January 2, 2019, Michael Bettelyoun (age 25) of Rapid City, SD, was arraigned before U.S. Magistrate Judge Mark A. Moreno on federal charges for Conspiracy to Distribute a Controlled Substance (methamphetamine) on the Rosebud Indian Reservation, as well as Possession of Ammunition by a Prohibited Person. He pleaded not guilty to the Indictment and was remanded to the custody of the U.S. Marshals. These charges are merely accusations and Bettelyoun is presumed innocent until and unless proven guilty.
Cole Emery and Shelbyjo Two Eagle, a/k/a Shelbyjo Larvie. On January 2, 2019, Cole Emery (age 24) and Shelbyjo Two Eagle, also known as Shelbyjo Larvie (age 24) both of Mission, SD, were arraigned before U.S. Magistrate Judge Mark A. Moreno on federal charges for conspiracy to distribute methamphetamine on the Rosebud Indian Reservation. The Indictment specifically alleges that Emery conspired with others to possess with intent to distribute 500 grams or more of methamphetamine, while Two Eagle conspired with others to possess with intent to distribute 50 grams or more of methamphetamine. The Indictment further alleges that Two Eagle, being an unlawful user of and addicted to a controlled substance, unlawfully possessed 9mm ammunition. Both pleaded not guilty. They were remanded to the custody of the U.S. Marshals. These charges are merely accusations and Emery and Two Eagle are presumed innocent until and unless proven guilty.
Justin Robert Christensen; Nicholas Scott Flier; Paris Bryn Koller; and Brandon Alan Watters. On January 8, 2019, Justin Robert Christensen (age 30) of Sioux Falls, SD; Nicholas Scott Flier (age 25) of Valley Springs, SD; Paris Bryn Koller (age 25) address unknown; and Brandon Alan Watters (age 24) of Sioux Falls, SD, were indicted in federal court for a conspiracy to distribute 500 grams or more of methamphetamine. These charges are merely accusations and Christensen, Flier, Koller, and Watters are presumed innocent until and unless proven guilty.
Samuel Patrick O’Rourke. On January 9, 2019, Samuel Patrick O’Rourke (age 36) of Rapid City, SD, was arraigned in federal court by U.S. Magistrate Judge Daneta Wollmann on one count of Conspiracy to Distribute a Controlled Substance (methamphetamine) and two counts of Distribution of a Controlled Substance (methamphetamine). He pleaded not guilty to the Indictment and was remanded to the custody of the U.S. Marshals. These charges are merely accusations and O’Rourke is presumed innocent until and unless proven guilty.
Ian Royal Bjornstad. On January 15, 2019, Ian Royal Bjornstad (age 41) of Carlsbad, CA, was arraigned in federal court before U.S. Magistrate Judge Veronica L. Duffy in Sioux Falls on a charge for distribution of heroin resulting in death. He pleaded not guilty to the Indictment and was remanded to the custody of the U.S. Marshals. The charge is merely an accusation and Bjornstad is presumed innocent until and unless proven guilty.
Larry Gerard Norquist. On January 23, 2019, a federal indictment was filed against Larry Gerard Norquist (age 54) of Rapid City, SD, charging him with two counts of Conspiracy to Distribute a Controlled Substance (methamphetamine and heroin). On January 25, 2019, he was arraigned before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment. He was remanded to the custody of the U.S. Marshals. These charges are merely accusations and Norquist is presumed innocent until and unless proven guilty.
Dana Faulkner, a/k/a “Diablo.” On January 23, 2019, a federal Superseding Indictment was filed against Dana Faulkner, also known as “Diablo” (age 40), of Aurora, CO, charging him with Conspiracy to Distribute Controlled Substances (methamphetamine, heroin, and cocaine) in the Rapid City and Northern Black Hills area, Use of Firearm in Furtherance of Drug Trafficking Crime, Possession of a Firearm by a Prohibited Person, and Obstruction of Justice. Faulkner remains in the custody of the U.S. Marshals. These charges are merely accusations and Faulkner is presumed innocent until and unless proven guilty.
Jocelyn Chasing Hawk. On January 23, 2019, Jocelyn Chasing Hawk, also known as Jocelyn Bear Eagle (age 37) of Eagle Butte, SD, was indicted for Conspiracy to Distribute a Controlled Substance (methamphetamine) on the Cheyenne River Indian Reservation. The maximum penalty upon conviction is up to life in federal prison. The Indictment alleges that Chasing Hawk intentionally combined and conspired with others to distribute and possess with intent to distribute 500 grams or more of meth. The charge is merely an accusation and Chasing Hawk is presumed innocent until and unless proven guilty.
Clinton Lewis Haukaas. On January 23, 2019, Clinton Lewis Haukaas (age 39) of Rosebud, SD, was arraigned before U.S. Magistrate Judge Mark A. Moreno on federal charges for Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person. The Superseding Indictment alleges that Haukaas knowingly and intentionally combined, conspired, and confederated with others to distribute and possess with intent to distribute 500 grams or more of methamphetamine. The Superseding Indictment also alleges that on or about June 6, 2018, Haukaas, then being an unlawful user of and addicted to a controlled substance, knowingly possessed a firearm, which had been shipped and transported in interstate commerce. These charges are merely accusations and Haukaas is presumed innocent until and unless proven guilty.
Arlene Siers. On January 23, 2019, Arlene Siers (age 30) of Mission, SD, was indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance, Possession of a Firearm in Furtherance of a Drug Trafficking Crime, and Possession of a Firearm by a Prohibited Person. She appeared before U.S. Magistrate Judge Mark A. Moreno on January 31, 2019, and pleaded not guilty to the Indictment. The Indictment alleges that Siers, knowingly and intentionally, combined, conspired, confederated, and agreed with others to distribute and possess with intent to distribute 500 grams or more of methamphetamine. The Indictment further alleges that on August 31, 2018, Siers possessed a firearm in furtherance of a drug trafficking crime and that while she possessed the firearm, she was a user of and addicted to a controlled substance. The maximum penalty upon conviction is up to life in federal prison and/or a $10 million fine and 5 years of supervised release. These charges are merely accusations and Siers is presumed innocent until and unless proven guilty.
Nathan Reuer. On January 24, 2019, a federal criminal complaint was filed against Nathan Reuer (age 25) of Rapid City, SD, charging him with Importation of a Controlled Substance and Possession with Intent to Distribute a Controlled Substance (methamphetamine, fentanyl and heroin). These charges are merely accusations and Reuer is presumed innocent until and unless proven guilty.
Sheri Rademacher. On January 29, 2019, Sheri Rademacher, also known as Sherri Lynn Whiting (age 44) of Britton, SD, was arraigned before U.S. Magistrate Judge Mark A. Moreno on federal charges for Conspiracy to Distribute a Controlled Substance (methamphetamine), Possession with Intent to Distribute a Controlled Substance (methamphetamine), and Possession of a Firearm by a Prohibited Person. She pleaded not guilty. These charges are merely accusations and Rademacher is presumed innocent until and unless proven guilty.
GUILTY PLEAS
Harold Brewer, Jr. On December 28, 2018, Harold Brewer, Jr. (age 29) of Pine Ridge, SD, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded guilty to Conspiracy to Distribute a Controlled Substance (methamphetamine). As part of his involvement in the conspiracy, Brewer obtained methamphetamine from co-conspirators and sold it to multiple people in Western South Dakota. Sentencing is scheduled for June 18, 2019, before Chief Judge Jeffrey L. Viken. Brewer faces a mandatory minimum sentence of 10 years up to life in prison, a $10 million fine, or both, and a term of supervised release.
Cathy Wells. On January 4, 2019, Cathy Wells (age 50) of Box Elder, SD, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded guilty Conspiracy to Distribute a Controlled Substance (methamphetamine). As part of her involvement in the conspiracy, Wells obtained methamphetamine from Colorado, transported it to South Dakota, and sold it to multiple people in the Rapid City area. Sentencing is scheduled for May 10, 2019. Wells faces a mandatory minimum sentence of 10 years up to life in prison, a $10 million fine, or both, and a term of supervised release.
Joseph Bradshaw. On January 25, 2019, Joseph Bradshaw (age 37) of Sturgis, SD, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded guilty to Conspiracy to Distribute a Controlled Substance (methamphetamine). Bradshaw obtained the methamphetamine from California and sold it to multiple people in the Northern Hills and Rapid City area. As part of his scheme, Bradshaw hid his methamphetamine and proceeds in the forest. Sentencing is scheduled for June 18, 2019. Bradshaw faces a mandatory minimum sentence of 10 years up to life in prison, a $10 million fine, or both, and a term of supervised release.
Jeffrey Donald Bartholomew. On January 31, 2019, Jeffrey Donald Bartholomew (age 30) of Denver, CO, appeared before U.S. District Judge Karen E. Schreier and pleaded guilty to Conspiracy to Distribute a Controlled Substance. Beginning at a date unknown and continuing through June 19, 2017, Bartholomew knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute 400 grams or more of fentanyl obtained over the Dark Web. Sentencing is scheduled for April 22, 2019.
Trish Ann Moravetz. On January 31, 2019, Trish Ann Moravetz (age 43) of Lynn, MN, also known as Tricia Moravetz and Trish Behnke, appeared before U.S. District Judge Karen E. Schreier and pleaded guilty to Conspiracy to Distribute a Controlled Substance. Beginning at a date unknown and continuing through March 21, 2018, Moravetz knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute 500 grams or more of methamphetamine. Sentencing is scheduled for April 22, 2019.
Nicholas Michael Snowden. On January 31, 2019, Nicholas Michael Snowden (age 40) of Sioux Falls, SD, appeared before U.S. District Judge Karen E. Schreier and pleaded guilty to an Indictment that charged him with conspiracy to distribute 500 grams or more of methamphetamine. The maximum penalty upon conviction is life in federal prison, and/or a $10,000,000 fine, and a lifetime of supervised release. Snowden’s sentencing before Judge Schreier is scheduled for April 22, 2019.
April Villagomez. On January 31, 2019, April Villagomez (age 38) of Yankton, SD, appeared before U.S. District Judge Karen E. Schreier and pleaded guilty to an Indictment that charged her with Conspiracy to Distribute a Controlled Substance (methamphetamine). The maximum penalty upon conviction is 40 years in federal prison and/or a $5,000,000 fine, and a lifetime of supervised release. Villagomez’s sentencing before Judge Schreier is scheduled for April 22, 2019.
FEDERAL PRISON SENTENCES
Meloni Ann Old Lodge. On December 10, 2018, Meloni Old Lodge (age 43) of a Mission, SD, was sentenced by U.S. District Judge Roberto A. Lange to 7 months in federal prison, followed by 3 years of supervised release. Old Lodge was convicted on January 5, 2018, of Conspiracy to Distribute a Controlled Substance. Old Lodge admitted that beginning in September of 2015, she received distributable quantities of methamphetamine and distributed it in South Dakota. The individuals who provided the methamphetamine to her knew she intended to engage in further distribution of it.
Sherie Roxanne Mitchell. On December 21, 2018, Sherie Roxanne Mitchell (age 35) of St. Louis, MO, was sentenced by U.S. District Judge Karen E. Schreier to 5 years in federal prison for conspiracy to distribute heroin, followed by 3 years of supervised release. During her involvement in the conspiracy, which ran from an unknown date to on or about September 5, 2017, Mitchell connected her co-conspirator with heroin customers in South Dakota.
Shania Rose Hofer. On January 4, 2019, Shania Rose Hofer (age 21) of Sioux Falls, SD, was sentenced by U.S. District Judge Karen E. Schreier to 20 years in federal prison, followed by 5 years of supervised release. Hofer was convicted of Distribution of a Controlled Substance Resulting in Serious Bodily Injury on October 22, 2018. On or about April 23, 2018, Hofer knowingly and intentionally distributed a mixture and substance containing heroin to an individual in Sioux Falls. Later that day, the person used the heroin sold by Hofer and was found unconscious. First responders were unable to detect the victim’s pulse and observed that he was not breathing. They began to perform CPR and administered two doses of Narcan before he was revived. While at the scene, law enforcement collected a syringe found next to the victim that tested positive for both heroin and fentanyl. But for the heroin provided by Hofer, the victim would not have stopped breathing.
Angela Martin a/k/a Angela Bald Eagle, a/k/a Angela Ice. On January 7, 2019, Angela Martin (age 39) of Rapid City, SD, who was previously convicted of Conspiracy to Distribute a Controlled Substance (methamphetamine), was sentenced by Chief Judge Jeffrey L. Viken to 10 years in federal prison, followed by 5 years of supervised release. The conviction stems from an incident beginning on or about March 2015 and ending on or about December 2016, when the Defendant knowingly and intentionally conspired with others to obtain methamphetamine and distribute it in South Dakota.
Andy Ontiveros. On January 14, 2019, Andy Ontiveros (age 39) of Minneapolis, MN, was sentenced by U.S. District Judge Karen E. Schreier to 12 ½ years in federal prison, followed by 5 years of supervised release. He was convicted on October 16, 2018, of Possession with Intent to Distribute 400 grams or more of a substance containing fentanyl. On or about May 28, 2018, Ontiveros was inside his parked vehicle on the shoulder of I-29 in Minnehaha County, SD. A Deputy with the Minnehaha County Sheriff’s Office approached and requested assistance from the South Dakota Highway Patrol. Ontiveros gave consent for the officers to search the vehicle. The search uncovered 264 grams of heroin and 993 grams of fentanyl hidden inside the vehicle. Ontiveros admitted that he intended to distribute the substances both in South Dakota and elsewhere.
Amy Lynn Crandall. On January 22, 2019, Amy Lynn Crandall (age 27) of Sioux Falls, SD, was sentenced by U.S. District Judge Karen E. Schreier to 10 years in federal prison, followed by 5 years of supervised release. Crandall was previously convicted of conspiracy to distribute 500 grams or more of methamphetamine. Beginning on an unknown date and continuing until on or about May 8, 2018, Crandall provided methamphetamine for other co-conspirators to distribute in Sioux Falls and elsewhere.
Cory Poelstra. On January 28, 2019, Cory Poelstra (age 29) of Yankton, SD, was sentenced by U.S. District Judge Karen E. Schreier to 10 years and one month in federal prison, to be followed by 3 years of supervised release. On October 19, 2017, a search warrant was executed at Poelstra’s residence in Yankton. Inside the house, law enforcement discovered and seized two firearms, approximately 660 fentanyl pills, approximately 112 grams of cocaine, approximately .54 grams of heroin, approximately 27 grams of marijuana wax, approximately 2.8 kilos of marijuana, approximately 36.9 grams of hash, 4 MDMA pills, 4 pills containing methamphetamine, and $86,019 in cash. Law enforcement officers also located hundreds of empty U.S. Mail parcels, and several empty UPS and Fed Ex packages that had been used to send controlled substances to Poelstra. Officers later recovered $460,200 in cash stashed by Poelstra.
Jose Angel Ramirez-Villegas. On January 29, 2019, Jose Angel Ramirez-Villegas (age 25) a Mexican national living in Volga, SD, was sentenced by U.S. District Judge Karen E. Schreier to 10 years and one month in federal prison, followed by 4 years of supervised release. Ramirez-Villegas was convicted of Conspiracy to Distribute a Controlled Substance on October 18, 2018. Ramirez-Villegas twice sold methamphetamine to a cooperating individual in May, 2018, totaling four ounces. On June 8, 2018, law enforcement stopped his vehicle to arrest him on outstanding warrants. Law enforcement located $7,520 in Ramirez’s front pants pocket, of which $2,900 was drug buy funds used during one of the May controlled purchases of methamphetamine.
Paul Alan Sandersfeld. On February 1, 2019, Paul Alan Sandersfeld (age 39) of Sioux Falls, SD, was sentenced by U.S. District Judge Karen E. Schreier to 20 years in federal prison, followed by 4 years of supervised release. Sandersfeld was convicted of Conspiracy to Distribute a Controlled Substance (methamphetamine) on August 20, 2018. Officers had seized over 180 grams of methamphetamine and $13,530 in cash. Sandersfeld purchased it from others and sold it in the Sioux Falls area.
Devlin Tommeraasen. On February 1, 2019, Devlin Tommeraasen (age 24) of Sioux Falls, SD, was sentenced by U.S. District Judge Karen E. Schreier to 10 years in federal prison, followed by 3 years of supervised release. Tommeraasen was convicted of conspiracy to distribute heroin. The heroin was laced with fentanyl. Tommeraasen sold the drugs that led to the death of another person.
John Edward Monette. On February 1, 2019, John Edward Monette (age 50) of Sioux Falls, SD, was sentenced by U.S. District Judge Karen E. Schreier to 5 years in federal prison, followed by 3 years of supervised release. Monette was convicted of Conspiracy to Distribute a Controlled Substance on November 15, 2018. On April 25, 2018, a federal search warrant was executed on Monette’s residence. Law enforcement officers seized approximately 838 grams of MDMA, numerous ecstasy pills, approximately 69 grams of cocaine, drug packaging, scales, shipping materials, computers, cell phones, and a rifle. Also seized were 3.3882104 Bitcoin (approximate value $32,464.38) from a Mycelium wallet on Monette’s cell phone. Monette had been buying MDMA and other controlled substances from sellers in Europe and elsewhere via the Dark Web. He used Bitcoin to pay his suppliers, and received the drugs via mail. He also used the mail to deliver drugs to his customers.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
Many of these cases are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
The cases listed above are being investigated by the Sioux Falls Area Drug Task Force, Northern Plains Safe Trails Drug Enforcement Task Force based in both Rapid City and Pierre, Drug Enforcement Agency (DEA), Federal Bureau of Investigation (FBI), Homeland Security Investigations (HSI), Unified Narcotics Enforcement Team (UNET), U.S. Postal Service, U.S. Department of Health and Human Services OIG/OI, Bureau of Indian Affairs (BIA), South Dakota Division of Criminal Investigation (DCI), South Dakota Highway Patrol, Minnehaha County Sheriff’s Office, Sioux Falls Police Department, Pennington County Sheriff’s Office, Rapid City Police Department, Oglala Sioux Tribe Department of Public Safety, Rosebud Sioux Tribe Law Enforcement Services, Cheyenne River Sioux Tribe Law Enforcement Services, Yankton Police Department, Pierre Police Department, Mobridge Police Department, and the South Dakota National Guard.
Assistant U.S. Attorneys John Haak, Jennifer Mammenga, Meghan Dilges, Tamara Nash, Benjamin Patterson, Kathryn Rich, Michael Elmore, Cameron Cook, and Gina Nelson are prosecuting the cases.
Erie Man Sentenced After Conviction of Human Trafficking-Related OffensesRead the Press Release
NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that on February 1, 2018, SAMUEL DEWAYNE DOOLITTLE, 33, of Erie, Pennsylvania, was sentenced by United States District Judge Louise W. Flanagan for interstate transportation for prostitution and use of the internet to promote an unlawful business enterprise, namely, prostitution. Judge Flanagan sentenced DOOLITTLE to 135 months’ imprisonment followed by 5 years of supervised release. Judge Flanagan also ordered DOOLITTLE to pay $52,900 in restitution to the victims.
DOOLITTLE was charged in a seven-count indictment on September 8, 2017, and pleaded guilty to two counts on October 17, 2018.
From early April until June 5, 2016, DOOLITTE prostituted two victims and other women throughout the eastern United States. DOOLITTLE enticed the victims by false promises of financial reward, then took virtually all the money they earned and controlled them through violence, emotional abuse, and manipulation. Among other tactics, DOOLITTLE would not let victims eat or sleep without his permission, forced them to meet financial quotas, and threatened them if they disobeyed him. Ultimately one victim fled and contacted law enforcement while being prostituted in Fayetteville, North Carolina, and DOOLITTLE was arrested.
Mr. Higdon stated: “We are very grateful for the sentence handed down by the Court on this matter. The trafficking of human beings - and make no mistake, that is exactly what this was - is one of the most outrageous and shocking crimes we prosecute. The women that this defendant trafficked were terrorized and victimized day after day after day as he manipulated them through violence, emotional abuse and by depriving them of any independent means of support. And the eleven year sentence imposed by the Court reflects the awful nature of this crime. Sadly, there are many of these cases and we are committed to aggressive investigation and prosecution wherever we find them.”
The investigation of this case was conducted by the Fayetteville Police Department and the Federal Bureau of Investigation.
Drug and Sawed Off Shotgun Dealer Sentenced to 78 MonthsRead the Press Release
BOISE - Juan Diego Garnica, 32, of Nampa, Idaho, was sentenced last Thursday in U.S. District Court to 78 months in prison, followed by five years’ supervised release, for distributing methamphetamine and possessing an unregistered firearm, U.S. Attorney Bart M. Davis announced. Garnica was sentenced by U.S. District Court Judge B. Lynn Winmill.
According to court records, on January 24, 2018, Garnica sold methamphetamine and firearms to a confidential informant working for the Federal Bureau of Investigation. One of the firearms was a sawed off shotgun with a barrel length of ten inches. Under federal law, it is illegal to possess certain firearms, like sawed off shotguns, unless the firearm is registered in the National Firearms Registration and Transfer Record. Garnica had not registered the sawed off shotgun in that record.
The case was investigated by the Federal Bureau of Investigation.
This case was prosecuted as part of the Department of Justice’s Project Safe Neighborhoods (PSN) program. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
# # #
Doctor Enters into Civil Settlement to Pay Restitution and Damages to the WV Medicaid ProgramRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that Dr. Manuel C. Barit, M.D., 71, of Raleigh County, and the only practicing physician at the Mullens Family Clinic, has entered into a civil settlement with his office to pay over $200,000, including full restitution and damages to the WV Medicaid Program. Earlier this week, Barit also entered a guilty plea to a healthcare fraud scheme. More information on Barit’s conviction in the criminal case can be found here.
“Healthcare fraud schemes defraud taxpayers causing healthcare costs to skyrocket. In this case, I am pleased to announce that $200,000 will be repaid in restitution for defrauding Medicaid and other healthcare benefit programs,” said United States Attorney Mike Stuart. “As a result of our efforts, Dr. Barit is being held accountable and Medicaid and the taxpayers are being made whole.”
The West Virginia’s Medicaid Fraud Control Unit, the Drug Enforcement Administration, the Department of Labor – Office of Inspector General (OIG) and the United States Postal Inspection Service participated in the investigation. Assistant United States Attorney Matt Lindsay is responsible for the civil settlement.
“The Medicaid Fraud Control Unit of the West Virginia Department of Health and Human Resources is proud to work jointly with the United States Attorney’s Office Southern District in combatting the opioid crisis,” said Jolynn Marra, Interim Inspector General. “Our partnership protects both the citizens and integrity of the Medicaid program in West Virginia.”
The Medicaid Fraud Control Unit, through DHHR’s Office of Inspector General, investigates and prosecutes or refers for prosecution allegations of health care fraud committed against the Medicaid program and allegations of the criminal abuse, neglect or financial exploitation of patients in Medicaid-funded facilities and residents in board and care facilities. Additionally, the Medicaid Fraud Control Unit is responsible for investigating fraud in the administration of the Medicaid program. Its mission is to protect West Virginia’s vulnerable citizens and the integrity of its health care programs.
To report Medicaid provider fraud or patient abuse, neglect or financial exploitation, call 304-558-1858 or 888-FRAUD-WV.
Follow us on Twitter: SDWVNews
###
Department of Justice Files Amicus Brief Opposing Unfair Class Action “Coupon” SettlementRead the Press Release
The Department of Justice filed an amicus brief today with the Court of Appeals for the Sixth Circuit opposing a class action settlement that would provide consumers coupons worth only part of the price of a new pressure cooker, while awarding class counsel millions of dollars in attorney’s fees and costs.
Plaintiffs in the case, Chapman et al. v. Tristar Products, Inc., alleged that a pressure cooker sold by Tristar Products contained a defect that could cause hot liquid to “erupt” out of the appliance. A settlement reached between the parties would provide class members with a limited warranty extension and a non-transferrable $72.50 credit toward the purchase of certain Tristar products, to be ordered directly from the company. At current prices, the credit would pay for less than half the cost of a new pressure cooker from Tristar. Under the settlement, class members would release all claims relating to alleged defects in the pressure cookers, including claims for personal injury or property damage. Out of the estimated 3.2 million consumers who purchased the pressure cooker at issue, only about 13,300 claimed the coupons. The settlement, as approved by the district court, would award plaintiff’s counsel more than $2 million in attorney’s fees and costs.
The Class Action Fairness Act of 2005 provides the Attorney General and state officials an opportunity to review federal class action settlements before district courts grant final approval. The United States filed a statement of interest in 2018 opposing the Chapman settlement in district court for the Northern District of Ohio. A coalition of 18 state attorneys general also filed a brief arguing that the settlement was unfair to consumers. The district court approved the settlement, which is now on appeal with the Sixth Circuit.
“Under the Class Action Fairness Act, the Department of Justice plays an important role in reviewing the reasonableness and adequacy of proposed class action settlements,” said Principal Deputy Associate Attorney General Jesse Panuccio. “Settlements such as this one raise serious fairness concerns by awarding class members only illusory relief while the lawyers bringing the lawsuit are awarded substantial fees. We will continue to scrutinize such proposed settlements to ensure they comport with the law and are fair, reasonable, and adequate.”
“Class action settlements that provide nothing of real value to consumers but award significant attorney’s fees to class counsel are precisely what Congress meant to curtail with the Class Action Fairness Act,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division. “We will continue to advocate on behalf of consumers when we see inappropriate class action settlements of this kind.”
Trial Attorney Kendrack Lewis of the Civil Division’s Consumer Protection Branch represents the United States in the matter. Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch.
Dallas County Man Receives 37 Month Sentence for Possession of a Firearm After Felony ConvictionRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Jermaine Butler, a 27 year old resident of Selma, Alabama was sentenced to 37 months incarceration followed by three years of supervised release for possession of a Zastava rifle after being convicted of Assault First Degree.
On September 25, 2018, Butler entered a guilty plea pursuant to a plea agreement and admitted in open court that on May 25, 2018, Dallas County, AL deputies set up a random driver’s license checkpoint in Selma, Alabama. A Chevrolet Impala driven by Butler stopped several yards short of the checkpoint. Deputies motioned for Butler to continue to the checkpoint. Butler then drove past the checkpoint then stopped. As deputies approached the driver’s side of the vehicle, they smelled marijuana and saw one passenger in the vehicle with Butler. Both were asked to exit the vehicle. When Butler opened the front driver’s side door, deputies saw a small amount of marijuana. Butler was immediately detained. Deputies then saw, in plain view, a rifle on the floorboard of the backseat of the vehicle. The rifle was loaded. The rifle is described as a Zastava, model N-PAP DF, 7.62X39 caliber rifle. A probable cause search of the vehicle was conducted. The search discovered another quantity of marijuana stuffed between the front seats. Butler then stated that the rifle and the marijuana were his and the passenger also stated that the rifle and marijuana belonged to Butler.
Butler was previously convicted of Assault First Degree on March 3, 2015, in the Circuit Court of Dallas County, Alabama, case number CC-2012-000045.
Officers of the Dallas County, Alabama Sheriff’s Office along with special agents of the Bureau of Alcohol Tobacco Firearms and Explosives investigated the case and brought it to the U. S. Attorney=s Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Dallas County Man Receives 30 Month Sentence for Possession of a Firearm After Felony ConvictionRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Chadwick J. Blake, a 31 year old resident of Selma, Alabama was sentenced to 30 months incarceration followed by three years of supervised release for possession of a Taurus 9mm pistol after being convicted of Assault Second Degree.
On September 28, 2018, Blake entered a guilty plea pursuant to a plea agreement and admitted in open court that on October 24, 2017, an Alabama Parole Officer conducted a home visit of Blake at his residence in Selma, Alabama. The parole officer found one round of 9mm ammunition in Blake’s pocket. The parole officer then searched Blake’s residence. He found a Taurus, model Millennium, G2, 9mm pistol. The parole officer then arrested Blake for violating his probation.
At that time, Blake had been convicted of Assault 2nd, on August 12, 2015, in the Circuit Court of Dallas County, Alabama, case number CC-2015-000123.Officers of the Selma, Alabama Police Department along with special agents of the Bureau of Alcohol Tobacco Firearms and Explosives and investigators from the State Attorneys General’s Office investigated the case and brought it to the U. S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S.
Vann.Dallas County Man Found Guilty of Possession of a Firearm After Felony ConvictionRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Anthony Jerome Ellis, a 33 year old resident of Selma, Alabama was found guilty of possession of a firearm after conviction of a felony. The trial was held on January 22 and 23, 2019.
The evidence produced at trial showed that on December 16, 2017 at about 12:30am, Selma, Alabama police officers were in an unmarked vehicle patrolling the area around the “Small Street Inn.” The “Small Street Inn” is a nightclub known to have crimes of violence committed in and around it while in operation over the nighttime hours. Once officers arrived on the scene, Ellis and his nephew were walking briskly toward the officers as the officers drove up to the club. As the officers stopped their vehicle to go and talk to them, Ellis and his nephew pivoted left and walked between two vehicles. Almost immediately after they got between the vehicles, Ellis and his nephew squatted down for a second or two. The officers then drew their service weapons and yelled, “Selma Police Officers put your hands up.” Ellis and his nephew then stood up. Officers immediately detained them and went the the areas where Ellis and his nephew squatted down. Found in the exact area for each was a firearm. In the area where Ellis squatted was a loaded .38 caliber RG revolver and in the area where his nephew squatted was a loaded .40 caliber Smith & Wesson semi-automatic pistol. Ellis’ nephew told officers that the .40 caliber semi-automatic firearm was his. Ellis was charged with being a felon in possession of a firearm. During the time between Ellis’ arraignment for the felon in possession of a firearm charge and his trial on January 22, 2019, he sought out an inmate who had been convicted of the same charge he was facing. Ellis told that inmate that he and his nephew were at a nightclub one night in Selma, Alabama and the cops pulled up so he and his nephew ducked between two cars and tossed their guns. Ellis told the inmate that the cops would not be able to prove he had the gun because they could not see him toss it and they did not find the gun on him. He also told the inmate that the cops could not get any fingerprints off of the gun. When the inmate asked Ellis how he was going to explain why he squatted out of sight, Ellis told him that he would say he was tying his shoe or had dropped his cigarette lighter. Ellis also told the inmate that he was going to have his trial in Selma and not Mobile because everybody in Selma knows him and he won’t be convicted there.
Officers of the Selma, AL Police Department along with special agents of the Bureau of Alcohol Tobacco Firearms and Explosives investigated the case and brought it to the U. S. Attorney=s Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Convicted Felon Who Possessed a Loaded Handgun Sentenced to over Six Years in Federal PrisonRead the Press Release
A man who had previously been convicted of multiple felony offenses, including a conviction for being a felon in possession of a gun, was sentenced today to more than six years in federal prison for once again unlawfully possessing a gun.
Robert Dettbarn, age 26, from Cedar Rapids, Iowa, received the prison term after a September 27, 2018 guilty plea to possessing a firearm as a felon.
Information from a plea agreement and at sentencing showed that on May 22, 2018, Dettbarn was a passenger in car that was stopped by Dubuque police. During the stop, Dettbarn got out of the car holding a loaded handgun, which was pointed at an officer. Officers ordered Dettbarn to drop his gun, but he ignored the orders and pointed the gun in the air. He then walked away from officers and pointed the gun at his own head. He was near Fulton Elementary and officers called to have the school locked down. After approximately two hours of negotiations, Dettbarn surrendered to officers.
Dettbarn was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Dettbarn was sentenced to 80 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Dettbarn 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 Anthony Morfitt and investigated by the Dubuque Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-1032.
Follow us on Twitter @USAO_NDIA.
Citrus Heights Resident Sentenced to Two Years in Prison for EmbezzlementRead the Press Release
OAKLAND – Susan Elizabeth Kyle was sentenced this morning to 24 months in prison for embezzlement of money from a labor organization by an officer, announced United States Attorney David L. Anderson and Federal Bureau of Investigation (FBI) Special Agent in Charge John F. Bennett. The sentence was handed down by the Honorable Haywood S. Gilliam, Jr., U.S. District Judge.
Kyle, 61, now living in Citrus Heights, Calif., pleaded guilty to the charge on October 29, 2018. According to her plea agreement, Kyle admitted that while employed as the Treasurer of American Federation of State, County and Municipal Employees Local 2428, the union for East Bay Regional Park District employees, she used her Treasurer position to redirect union funds to accounts that she controlled. As Treasurer, Kyle was the signatory of Local 2428’s bank account. Kyle would verbally authorize the Local 2428’s payroll processing company to issue payments to cover the union’s payroll expenses. Kyle admitted that from 2008 to 2014, while she managed the Local 2428’s accounts, she told the Local 2428’s payroll processing company to issue unauthorized payments to herself on a weekly basis. Then, to conceal her fraud, she prepared reports that did not reflect the true expenditures. Kyle admitted that she stole at least $490,338 from the Union as a result of this scheme.
In addition, as part of the plea agreement, Kyle admitted that she abused her position of trust as Treasurer of the Local 2428 Union.
On October 5, 2018, the United States Attorney’s Office charged Kyle by Information with one count of embezzlement of money from a labor organization by an officer, in violation of 29 U.S.C. § 501(c). Kyle pleaded guilty to the charge.
In addition to the prison term, Judge Gilliam ordered Kyle to pay $490,338 in restitution to the Local 2428 Union. At the sentencing hearing, Judge Gilliam recognized the “devastating effect [Kyle’s crime had] on the Union” and noted that Kyle caused a “massive amount of harm.” Judge Gilliam ordered Kyle to serve 36 months of supervised release following her prison term. Judge Gilliam ordered Kyle to self-surrender on or before March 18, 2019, to begin serving her prison term.
Assistant United States Attorney Christina McCall is prosecuting this case with the assistance of Vanessa Quant and Elyza Delgado. This prosecution is the result of an investigation by the FBI.
Charleston Felon Sentenced to 8 Years in Federal Prison for Distribution of HeroinRead the Press Release
Charleston, South Carolina --- United States Attorney Sherri A. Lydon announced today that Horace Edmond Wright, age 52, of Charleston, South Carolina, was sentenced in federal court in Charleston after pleading guilty to distribution of heroin. United States District Judge Bruce Howe Hendricks of Charleston sentenced Wright to eight years in federal prison, to be followed by 15 years of court-ordered supervision. Evidence presented to the court established that Wright had distributed heroin on two occasions in 2017. He has prior convictions for Possession with Intent to Distribute Marijuana in 1994, Distribution of Crack in 1998, and Possession with Intent to Distribute of Heroin in 2008.
The case was investigated by agents of the U.S. Drug Enforcement Administration (DEA) and Charleston City Police Department. Assistant United States Attorney Jamie Lea Schoen of the Charleston office prosecuted the case.
#####
Cedar Rapids Man Sentenced to Nearly Four Years in Federal Prison for Unlawfully Possessing Four GunsRead the Press Release
A man who possessed four firearms and over 600 rounds of ammunition while using and selling marijuana was sentenced today to nearly four years in federal prison.
Kimble John Slaman, age 65, from Cedar Rapids, Iowa, received the prison term after an August 24, 2018, guilty plea to one count of possession of firearm by a prohibited person and one count of possession with intent to distribute a controlled substance.
In a plea agreement, Slaman admitted that, between 2012 and 2015, he made a series of false statements in order to obtain guns and a permit to carry weapons. At the time, Slaman was an unlawful user of marijuana, but he denied using marijuana on federal forms in order to purchase guns. Slaman also began selling marijuana. He received his supply of marijuana through the mail from an individual in Oregon. The marijuana was sent to Slaman’s home on Mount Vernon Road in Cedar Rapids. Slaman also hired a person to transport two pounds of marijuana from Sioux Falls, South Dakota, to Cedar Rapids.
In December 2015, law enforcement officers intercepted one of the packages, which contained 15 pounds of marijuana. Officers then searched Slaman’s home. Officers found four firearms, a tactical vest, and over 600 rounds of ammunition in Slaman’s bedroom. One of the firearms, a Colt M4 5.56mm rifle, was loaded. The tactical vest held a seven-inch knife in a scabbard and clips of ammunition, including a 9mm clip that held 31 rounds. Slaman admitted he had received at least six shipments of marijuana from Oregon, which he had either used or sold to his customers. Officers found 458 grams of marijuana in Slaman’s kitchen, mostly in the dishwasher, and 2,499 grams of marijuana in Slaman’s garage. Slaman’s marijuana had exotic titles, including “Foo X Haze,” “WWP Athena,” “Goo Chili Sticky,” “Special X,” and “BO.”
Slaman was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Slaman was sentenced to 46 months’ imprisonment, fined $2,000, and ordered to pay over $2,600 in costs of prosecution. Slaman must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Slaman was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Drug Enforcement Administration and the United States Postal Inspection Service.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-85.
Follow us on Twitter @USAO_NDIA.
Carlinville Man to Serve 17 1/2 Years in Prison for Selling Ice Methamphetamine, 12 Guns Recovered, ForfeitedRead the Press Release
SPRINGFIELD, Ill. – A Carlinville, Ill., man, Shawn Lee, 45, was sentenced on Feb. 1, 2019, to 17 ½ years (210 months) in federal prison for trafficking ice methamphetamine and possession of firearms, including an AR-15 semi-automatic rifle, in furtherance of a drug trafficking offense. At sentencing, District Judge Sue E. Myerscough determined that Lee was responsible for distribution of approximately 100 pounds (45 kilos) of ice methamphetamine over a period of 18 to 24 months prior to his arrest in March 2018.
Known as ice, this extremely addictive form of methamphetamine is produced by chemically distilling methamphetamine hydrochloride to a crystal or ‘ice’ form which is typically smoked. It is not made by local meth cooks; instead it is produced in Mexico and other countries and smuggled into the United States.
“These drugs, brought into our country, are destroying families,” said U.S. Attorney John Milhiser. “We will continue to identify and prosecute those who distribute these deadly substances in our communities.”
Lee, of the 100 block of E. Haig St., was ordered to serve 12 ½ years for the ice trafficking offense followed by a mandatory five years in prison for possession of firearms related to the underlying drug offense. Judge Myerscough ordered that Lee pay a fine of $20,000 to be paid with the transfer of a savings bond to the government prior to his transfer to the federal Bureau of Prisons. In addition, Lee agreed to the forfeiture of 12 guns and $20,170 in currency seized during the investigation. Lee’s federal sentence will be served concurrent to any sentence ordered for several pending unrelated cases in Macoupin county.
The charges are the result of investigation by the U.S. Drug Enforcement Administration; the Central Illinois Enforcement Group, the South Central Illinois Task Force; Carlinville Police Department; Illinois State Police; Jacksonville Police Department; and, the Macoupin County Sheriff’s Office. Assistant U.S. Attorney Matthew Z. Weir represented the government in the case prosecution.
On July 30, 2018, Lee entered pleas of guilty to the offenses. According to court documents and statements made in court, law enforcement officers became aware that Lee was to receive a package of ice methamphetamine from a source in California on Jan. 23, 2018. On that date, officers observed Lee pick up a FedEx package from a home in Chatham, Ill., where he did not live. Officers subsequently stopped Lee’s vehicle and after an ISP K-9 alerted to the presence of drugs in the car, officers found 7.15 pounds (3.22 kilos) of ice methamphetamine and $20,170 in the car.
At Lee’s home in Carlinville, officers executed a search warrant on Jan. 23, 2018, and recovered 12 firearms, including the AR-15, and an assortment of other loaded guns including 22 caliber rifles and several handguns, five ounces (approximately 140 grams ) of ice, and paraphernalia used in selling drugs such as scales and baggies.
Lee has remained in the custody of the U.S. Marshals Service since he was indicted and arrested in March 2018.
Camden County, New Jersey, Man Admits Supplying Crack Cocaine to Drug Trafficking OrganizationRead the Press Release
CAMDEN, N.J. - A Camden County, New Jersey, man today admitted his role in a Camden drug trafficking organization that distributed large amounts of crack cocaine, furanyl fentanyl and heroin, U.S. Attorney Craig Carpenito announced.
Mark Campbell, 39, a/k/a “D” and Diz,” of Sicklerville, New Jersey, pleaded guilty before U.S. District Judge Renée Marie Bumb in Camden federal court to a superseding information charging him with one count of conspiracy to distribute and possess with intent to distribute 280 grams or more of cocaine base.
According to documents filed in this case and statements made in court:
Campbell admitted that he supplied large quantities of cocaine base (crack cocaine) to members of a drug trafficking organization operating around the 1700 block of Filmore Street in Camden. The organization also distributed heroin and furanyl fentanyl, which it obtained from other suppliers. Ten members of the drug ring were arrested in June 2017 following a long-term investigation by the FBI, which utilized multiple telephone wiretaps, surveillance, confidential informants, cooperating witnesses, more than 20 controlled drug purchases, a GPS vehicle tracker and four court-authorized search warrants, among other investigative techniques. Members of the drug trafficking organization distributed crack cocaine, furanyl fentanyl, and heroin to users and resellers in and around Camden and to people cooperating with the FBI. The investigation ultimately led to the seizure of more than 300 grams of crack cocaine, quantities of furanyl fentanyl and heroin, a firearm, and drug paraphernalia. An eleventh defendant was later charged in March 2018.
The count to which Campbell pleaded guilty carries a mandatory minimum term of 10 years in prison and a maximum of life. Sentencing is scheduled for May 13, 2019.
Six other defendants – Daron Suiter, 24; Davon Leak 20; George Williams, 44; Karim Johnson, 39, a/k/a “Chicky;” Latoya Whealton, 34, a/k/a “Toya;” and Rajai Gaines, a/k/a “Jigga,” – previously pleaded guilty.
Drug, firearm, and witness tampering charges remain pending in a third superseding indictment against four other defendants, including alleged leaders John Gunther, 35, a/k/a “Critty,” and Taleaf Gunther, 32, a/k/a “Leafy” and “L,” as well as alleged members William Roland, 37, a/k/a “Chill,” and Malcolm McCoy, 28. Trial is scheduled to begin in March 2019.
U.S. Attorney Carpenito credited special agents of the FBI’s South Jersey Violent Offender and Gang Task Force, South Jersey Resident Agency, under the direction of Special Agent in Charge Michael Harpster; the Camden County Police Department, under the direction of Chief J. Scott Thomson; the Camden County Prosecutor’s Office, under the direction of Prosecutor Mary Eva Colalillo; and the N.J. State Police, under the direction of Col. Patrick J. Callahan, with the investigation. He also thanked the Camden County Sheriff’s Department, the Cherry Hill Police Department, and the U.S. Department of Homeland Security Investigations (HSI) for their assistance.
The government is represented by Assistant U.S. Attorneys Gabriel J. Vidoni and Alisa Shver of the U.S. Attorney’s Office Criminal Division in Camden.
The charges and allegations against the four defendants awaiting trial are merely accusations, and they are presumed innocent unless and until proven guilty.
Defense counsel: Troy A. Archie Esq., Cinnaminson, New Jersey
California Man Pleads Guilty to Bringing 29+ Pounds of Meth to KansasRead the Press Release
WICHITA, KAN. – A California man pleaded guilty Monday to driving more than 29 pounds of methamphetamine to Kansas, U.S. Attorney Stephen McAllister said.
Christian Delgado-Lopez, 30, Dana Point, Calif., pleaded guilty to one count of possession with intent to distribute methamphetamine. The Kansas Highway Patrol stopped Delgado-Lopez for a traffic violation in Meade County. Troopers found 14 packages of methamphetamine weighing 13.6 kilos (29.9 pounds) in his vehicle.
Sentencing is set for April 12. He faces a penalty of not less than 10 years in federal prison and a fine up to $10 million. McAllister commended the Kansas Highway Patrol and Assistant U.S. Attorney Kimberly Rodebaugh for their work on the case.
Cheyenne Man Sentenced to 40 Years in Prison for Drug Robbery Resulting in DeathRead the Press Release
Armando Raul Ramirez-Serna, 22, was sentenced on February 4, 2019, to serve 40 years in federal prison for killing another man while robbing him of marijuana and proceeds from the sale of marijuana, announced United States Attorney Mark A. Klaassen. Ramirez-Serna was also ordered to pay over $19,000 in restitution to the victim’s family and to the Wyoming Division of Victims Assistance.
Ramirez-Serna was indicted in July of 2018 for interfering with commerce by robbery, using a firearm and causing murder during the robbery, and using fire to commit a felony. Pursuant to a plea agreement with the United States, Ramirez-Serna pleaded guilty on October 9, 2018, to interfering with commerce by robbery and using a firearm and causing murder during the robbery. Two other counts were dismissed at sentencing.
“The prosecution of this case represents a successful collaboration between local and federal law enforcement agencies to combat violent crime in our communities,” said U.S. Attorney Mark Klaassen. “It is an example of the partnerships the Department of Justice is committed to fostering as part of its Project Safe Neighborhood initiative, which seeks to combine the resources of local, state, and federal law enforcement agencies and prosecutors’ offices to find the most effective way to investigate and prosecute violent actors, and to bring justice to the victims of violent crime.”
United States District Court Judge Alan B. Johnson imposed the sentence. The Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Laramie County Sheriff’s Department investigated the case with the assistance of agents from the Drug Enforcement Administration. Assistant U.S. Attorneys Stuart S. Healy III, Stephanie Sprecher, and David Kubichek prosecuted the case.
Brazilian Man Pleads Guilty to Wire Fraud Conspiracy and Aggravated Identity Theft for Defrauding Manhattan Financial InstitutionsRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that MARCOS ELIAS, a Brazilian citizen and resident, pled guilty today to conspiracy to commit wire fraud and aggravated identity theft for participating in a scheme to fraudulently obtain more than $750,000 at financial institutions headquartered in Manhattan using false representations and the stolen identities of Brazilian account holders at those institutions. ELIAS was extradited from Switzerland to the Southern District of New York on August 28, 2018, and entered his pleas of guilty today in Manhattan federal court before U.S. District Judge Laura Taylor Swain.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As he admitted today, Marcos Elias engaged in a sophisticated fraud scheme from Brazil to steal over $750,000 from a Manhattan financial institution. He committed this truly international crime through a front company in Panama, a bank account in Luxembourg, and by using the stolen identity of a Brazilian account holder. Elias now awaits sentencing for his crimes.”
According to allegations in the Complaint and the Indictment:
Since at least 2012, a Brazilian company (the “Client”) held an account at a financial institution headquartered in Manhattan (the “Firm”). Beginning in or about June 2014, ELIAS was in correspondence with a Senior Vice President at the Firm (the “Firm Employee”) regarding the Client’s account. The Firm Employee then began receiving emails purportedly from an employee of the Client (the “Client Employee”) instructing the Firm Employee to transfer the Client’s money to a bank account in Luxembourg (the “Luxembourg Account”) that appeared to be in the name of the Client. Those emails were later determined to have been sent from an email address created the same day that was never used by the Client Employee and contained bogus wire instructions with the forged signature of the Client Employee. As a result of the false documentation provided to the Firm Employee, on July 15, 2014, the Firm transferred approximately $752,000 from the Client’s account at the Firm to the Luxembourg Account (the “Fraudulent Transfer”), believing it to be a legitimate transfer requested by the Client.
In actuality, the Client did not authorize the Fraudulent Transfer, did not have any bank or brokerage accounts in Luxembourg, and did not send the emails to the Firm Employee requesting the transfer. Instead, the Luxembourg Account that received the Fraudulent Transfer was beneficially owned by ELIAS and opened in the name of a company formed in Panama the week prior to the Fraudulent Transfer. The Luxembourg Account was held in the name of a company containing the name of the Client in order to create the false impression that the Client’s funds were being transferred to an account beneficially owned by the Client when in fact such account was beneficially owned by ELIAS.
In addition to the scheme to defraud the Firm, ELIAS also attempted to fraudulently obtain money from a second financial institution headquartered in Manhattan using the name and purported passport of an account holder without authority.
* * *
ELIAS, 47, of São Paulo, Brazil, pled guilty to one count of conspiracy to commit wire fraud, which carries a maximum sentence of 30 years, and one count of aggravated identity theft, which carries a mandatory consecutive minimum sentence of two years. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
ELIAS is scheduled to be sentenced by U.S. District Judge Laura Taylor Swain on April 4, 2019, at 11:00 a.m.
Mr. Berman praised the outstanding investigative work of the Federal Bureau of Investigation. Mr. Berman also thanked Switzerland’s Federal Office of Justice, the Zurich Police (Kantonspolizei Zürich), and the U.S. Department of Justice’s Office of International Affairs for their assistance with the extradition.
The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorney Sagar K. Ravi is in charge of the prosecution.
Branch Manager for East West Bank Sentenced to Two Years in Federal Prison for Money Laundering SchemeRead the Press Release
LOS ANGELES – An East West Bank branch manager who conspired to launder over $25,000 in cash by converting the currency into cashier’s checks was sentenced today to 24 months in federal prison.
Vivian Tat, 54, of Hacienda Heights, who is a vice president at East West Bank currently on administrative leave, was sentenced by United States District Judge Otis D. Wright II. In addition to the prison sentence, Judge Wright ordered Tat to pay a $2,000 fine.
Tat and a co-defendant were found guilty by a federal jury in September of conspiring to commit money laundering. Tat was also convicted of two counts of causing a false statement in a bank record.
The co-defendant – Ruimin Zhao, 48, of Temple City, is scheduled to be sentenced by Judge Wright next Monday.
Today’s sentencing was a result of a scheme in which Tat, Zhao and Zhao’s husband – Raymond Tan, 62, of Temple City – laundered cash through East West Bank’s San Gabriel branch. According to court documents and the evidence presented at trial, Tat, Zhao and Tan led an informant into the bank’s conference room, where the informant provided $25,500 in cash that was then laundered into three “clean” cashier’s checks issued through the account of a bank client. The informant was wearing a secret recording device and throughout the transaction, the conspirators made statements demonstrating that they knew money laundering was illegal. To cover their tracks, Tat facilitated false entries to be made in East West Bank’s records, which made it appear that this transaction was legitimate.
Prosecutors argued in court papers that Tat was responsible for providing the location of the closed-door transaction, the account holder, the checks used to facilitate the money laundering and the unwitting tellers who issued the cashier’s checks.
Tat “also provided the knowledge necessary to ensure that this transaction would occur undetected by regulators or law enforcement,” prosecutors wrote in a sentencing memorandum that noted Tat trained other East West Bank employees on the Bank Secrecy Act and anti-money laundering rules.
Tan previously pleaded guilty to money laundering conspiracy and money laundering in this case and in two other cases. He is scheduled to be sentenced by Judge Wright on March 18.
This case is the result of Operation “Phantom Bank,” which resulted in six indictments that charge a total of 25 defendants. Nine of the defendants have been convicted, and 16 defendants are pending trial.
This case is the result of an investigation by the Federal Bureau of Investigation, IRS Criminal Investigation, and the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP).
The case against Tat was prosecuted by Assistant United States Attorneys Kim Meyer and Joseph D. Axelrad of the Violent and Organized Crime Section.
Bay Area Doctor Charged with Conspiracy to Commit Mail Fraud in Connection with Disability Fraud SchemeRead the Press Release
SAN FRANCISCO - A federal grand jury indicted George David and Linda Nguyen with conspiracy to commit mail fraud and substantive mail fraud, announced United States Attorney David L. Anderson and Federal Bureau of Investigation, Special Agent in Charge John Bennett.
According to the indictment filed January 29, 2019, and unsealed today, David, 78, a San Francisco physician, and Nguyen, 66, of Union City, engaged in a scheme to defraud California’s State Disability Insurance (SDI) program. The SDI program is designed to provide partial wage replacement benefits to eligible California workers who are unable to work due to a non-work-related illness, injury, or pregnancy. To receive SDI benefits, a claimant must file a claim for benefits supported by a Physician/Practitioner Certification attesting to the claimant’s disability. According to the indictment, David provided fraudulent Physician/Practitioner Certifications to support fraudulent SDI applications for non-disabled claimants. In addition, the indictment alleges that Nguyen facilitated the fraud by assisting non-disabled persons with the execution and submission of fraudulent documents. The indictment further alleges that Nguyen charged the non-disabled persons for processing their fraudulent applications. In sum, the defendants each were charged with one count of conspiracy to commit mail fraud, in violation of 18 U.S.C. § 1349, and one count of substantive mail fraud, in violation of 18 U.S.C. § 1341.
The defendants were arrested this morning and made their initial appearances before U.S. Magistrate Judge Donna M. Ryu. Both defendants were released on bond. Magistrate Judge Ryu scheduled David’s and Nguyen’s next appearances for February 8 and February 15, 2019, respectively, for arraignment and identification of counsel.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If found guilty, the defendants face a maximum statutory sentence of 20 years in prison for each count in the indictment. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Special Assistant U.S. Attorney Christopher Vieira is prosecuting the case with the assistance of Kimberly Richardson. The prosecution is the result of an investigation by the FBI and Social Security Administration Office of the Inspector General.
Armed Drug Trafficker from New Hanover County Receives More Than 11 Years in PrisonRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, United States District Judge Louise W. Flanagan sentenced TONY MCNEIL, 28, of New Hanover County to 135 months imprisonment, followed by 5 years of supervised release.
On October 18, 2018, MCNEIL pled guilty to conspiracy to possess with the intent to distribute and distribute 280 grams or more of cocaine base (crack) and a quantity of cocaine and distribution of 28 grams or more of cocaine base (crack).
On April 21, 2015, the Wilmington Police and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) received information that MCNEIL had just completed a drug deal in Pender County. Law enforcement stopped MCNEIL on his way to his residence in New Hanover County and searched his car and found a loaded handgun and more than $6,000. During the course of the investigation law enforcement determined that MCNEIL had just sold 2 ounces of cocaine.
Between April 23 and May 12, 2015, law enforcement made four controlled purchases of more than 300 grams of crack cocaine from MCNEIL. The first three deals were in Sampson County and the final sale was at his residence in New Hanover County. According to law enforcement, MCNEIL was responsible for distributing more than 1.5 kilograms of cocaine and 300 grams of crack cocaine from April to May 2015.
This case is part of the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, & Explosives, Wilmington Police Department, and the New Hanover County Sheriff’s Office. Assistant United States Attorney Timothy Severo prosecuted the case on behalf of the government.
Allendale Town Administrator Pleads Guilty to Theft of Federal FundsRead the Press Release
Columbia, South Carolina --- United States Attorney Sherri A. Lydon announced today that Harold Dewayne Ennis, Jr., 48, of Allendale, South Carolina, pled guilty in federal court to theft of federal funds.
The Information to which Ennis pled guilty states that Ennis has held the position of Allendale Town Administrator since around the year 2000. In his role as Town Administrator, Dewayne Ennis had authority to manage and use Town funds. In 2015, he began siphoning funds from the Town of Allendale for personal and unofficial uses, including vehicle purchases, automobile repairs, home repairs, and receiving payment from the Town of Allendale for hours worked elsewhere.
Ennis faces of maximum penalty of ten years in federal prison. Senior United States District Judge Cameron Currie will sentence him after receiving and reviewing a presentencing report prepared by the United States Probation Office.
The charges against Ennis were the result of an investigation by the Federal Bureau of Investigation and the South Carolina Law Enforcement Division. Assistant United States Attorney Alyssa Leigh Richardson of the Columbia office is prosecuting the case.
#####
Affiliates of notorious white supremacist street gang plead guilty to federal chargesRead the Press Release
SAVANNAH, GA: Sixteen of the defendants indicted on drug trafficking and firearms charges as part of Operation Vanilla Gorilla have pled guilty in federal court, including the lead defendant in the gang.
Operation Vanilla Gorilla targeted the notorious Ghost Face Gangsters, a violent criminal street gang largely operated from inside Georgia’s prison system. The multi-agency federal, state and local operation netted 46 indictments on federal charges, primarily for drug trafficking and illegal firearms possession, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. The indictments were handed down in November and December 2018 in U.S. District Court in Savannah.
Those who have entered guilty pleas in the case are:
David McCloskey, 47, of Augusta, Ga., the lead defendant in the case, pled guilty to Conspiracy to Possess with Intent to Distribute Methamphetamine; Conspiracy to Distribute 50 Grams or More of Methamphetamine; and to Drug User in Possession of a Firearm. He faces not less than 10 years to life in federal prison.
Daniel Fleming, 32, of Savannah, Ga., pled guilty to Felon in Possession of Firearm. He faces up to 10 years in prison. However, if he is deemed by the court to be an Armed Career Criminal, he could be sentenced to a minimum of 15 years up to life.
Christine Loggins, 43, of Rockledge, Ga., pled guilty to Conspiracy to Possess with Intent to Distribute Methamphetamine, and Conspiracy to Distribute Methamphetamine. She faces up to 20 years.
Devon Aines, 32, of Garden City, Ga., pled guilty to Conspiracy to Possess with Intent to Distribute Methamphetamine, and Conspiracy to Distribute Methamphetamine. He faces up to 20 years.
Miranda Burnsed, 32, of Pembroke, Ga., pled guilty to Conspiracy to Possess with Intent to Distribute Methamphetamine, and Conspiracy to Distribute Methamphetamine. She faces up to 20 years.
Avery Wiggins, 43, of Guyton, Ga., pled guilty to Conspiracy to Possess with Intent to Distribute a Quantity of Methamphetamine. She faces up to 20 years.
Maurice L. Graham, a/k/a “Moe,” 45, of Savannah, Ga., pled guilty to Conspiracy to Possess with Intent to Distribute a Quantity of Methamphetamine, Possession of Ammunition by a Convicted Felon, and Possession and Concealment of Counterfeit Obligations. He faces up to 20 years in prison. However, if he is deemed by the court to be an Armed Career Criminal, he could be sentenced to a minimum of 15 years up to life.
Jessie Hurt, 40, of Ellabell, Ga, pled guilty to Possession with Intent to Distribute a Quantity of Methamphetamine and Felon in Possession of a Firearm. He faces at least 5 years up to life.
Raymond Warren, 47, of Ellabell, Ga, pled guilty to Felon in Possession of a Firearm. He was sentenced to 24 months of imprisonment.
Ryan Smiley, 35, of Savannah, Ga, pled guilty to Felon in Possession of a Firearm. He was sentenced to 27 months.
Darren Driggers, 26, of Bloomingdale, Ga, pled guilty to Conspiracy to Possess with Intent to Distribute a Quantity of Methamphetamine, and Possession of a Firearm by a Convicted Felon. He faces up to 20 years in prison. However, if he is deemed by the court to be an Armed Career Criminal, he could be sentenced to a minimum of 15 years up to life.
Elizabeth Kitchens, 37, of Tybee Island, Ga, pled guilty to Conspiracy to Possess with Intent to Distribute a Quantity of Methamphetamine, and Felon in Possession of a Firearm. She faces up to 20 years in prison. However, if she is deemed by the court to be an Armed Career Criminal, she could be sentenced to a minimum of 15 years up to life.
Crystal Wilson, 36, of Bloomingdale, Ga, pled guilty to Conspiracy to Possess with Intent to Distribute a Quantity of Methamphetamine. She faces up to 20 years.
The proceedings of three additional defendants have been sealed by the court because of safety concerns.
The indictments allege that the narcotics-trafficking conspiracy began as early as 2015, operating in Bryan, Chatham, Effingham, Emmanuel, Evans, and Tattnall Counties, in the Southern District of Georgia, and elsewhere. Members of the conspiracy associated with the Ghost Face Gangsters and with other criminal street gangs to aid in the distribution of controlled substances, for protection, and to promote a climate of fear.
Operation Vanilla Gorilla represents one of the largest takedowns of Ghost Face Gangsters associates to date, and follows the March 2018 arrests of 23 gang members in the Northern District of Georgia on federal charges, and multiple arrests in October 2018 on state charges in Spalding County, Ga.
“These guilty pleas are a credit to the hard work of law enforcement agents and prosecutors in bringing charges against this violent street gang,” U.S. Attorney Bobby L. Christine. “The strong coordination of federal, state and local law enforcement will continue to identify, target and dismantle these gangs as we work together to make our communities safer.”
“ATF will continue to dedicate federal resources in conjunction with those crucial law enforcement contributions of local agencies to the pursuit of eradicating and forestalling criminal gang activity,” said Beau Kolodka, Assistant Special Agent in Charge of the Atlanta Field Division of the bureau of Alcohol, Tobacco, Firearms and Explosives.
Robert J. Murphy, the Special Agent in Charge of the DEA’s Atlanta Field Division said, “DEA, its law enforcement partners and the U.S. Attorney’s Office eradicated a violent and notoriously dangerous street gang who trafficked drugs. This gang wreaked havoc by distributing methamphetamine while leaving a destructive path of violence along the way. Today, we are proud to have shut down this once-thriving criminal network. I want to thank our federal, state and local law enforcement counterparts who aided in making these guilty pleas possible.”
Operation Vanilla Gorilla was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF), the centerpiece of the United States Attorney General’s drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking and money laundering organizations and related criminal enterprises. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Georgia Bureau of Investigation (GBI), the Drug Enforcement Administration (DEA), the Chatham County Narcotics Team (CNT), the Georgia Department of Corrections Intelligence Division, the Savannah Police Department, the Chatham County Sheriff’s Office, the Bryan County Sheriff’s Office, the Richmond Hill Police Department, the Pooler Police Department, the Effingham County Sheriff’s Office and the Bloomingdale Police Department, with assistance from the U.S. Marshals Service.
The case is being prosecuted by Assistant United States Attorneys E. Greg Gilluly Jr. and Frank Pennington.
05-19
2 illegal aliens plead guilty, 9 sentenced who were arrested in south LouisianaRead the Press Release
LAFAYETTE/LAKE CHARLES, La. – United States Attorney David C. Joseph announced that two illegal aliens pleaded guilty and nine were sentenced last week after being arrested in south Louisiana for various offenses.
Illegal alien from Mexico arrested in Lafayette Parish pleads guilty to possessing revolver, shotgun
LAFAYETTE, La. – Jose Daniel Molina, 36, of Veracruz, Mexico, pleaded guilty January 29, 2019 before U.S. Magistrate Judge Carol B. Whitehurst for one count of possessing of firearms by an illegal alien. The plea will become final when accepted by U.S. District Judge Donald E. Walter. According to the guilty plea, Lafayette Parish Sheriff’s deputies responded to a call on December 2, 2018 of shots being fired near a residence in Duson, Louisiana. Deputies found Molina’s vehicle parked at the intersection of Dwayne Road and Tunica Lane, and also found a Mossberg 20-gauge shotgun in plain view in the backseat of the car, and a Smith & Wesson .38 Special revolver with three live rounds and three empty casings on the ground about 10 feet from the driver’s side window of Molina’s car. Molina was later taken into custody and told Homeland Security agents that he illegally entered the country in 2000 and was in possession of the two firearms.
Molina faces up to 10 years in prison, three years of supervised release, a $250,000 fine, and possible deportation. The court set an April 24, 2019 sentencing date.
Homeland Security Investigations, ATF and the Lafayette Parish Sheriff’s Office investigated the case. Assistant U.S. Attorney David J. Ayo is prosecuting the case.
6 illegal aliens arrested in southwest Louisiana pleaded guilty, sentenced for re-entering the country illegally
LAKE CHARLES, La. – The following illegal aliens pleaded guilty and were sentenced January 31, 2019 for re-entering the United States after having been removed.
Gerardo Valencia-Alvarez, 24, of Mexico. According to the guilty plea, the Calcasieu Parish Sheriff’s Office stopped a vehicle Valencia-Alvarez was traveling in on October 8, 2018. After further investigation, law enforcement agents found that he was an illegal alien from Mexico and had been removed from the country previously in 2013. United States Border Patrol and Calcasieu Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney David J. Ayo prosecuted the cases.
Josue David Diaz-Ramos, 23, of Honduras. According to the guilty plea, the Sulphur Police Department contacted the U.S. Border Patrol for assistance in handling illegal aliens found during a traffic stop. Border Patrol agents found that Diaz-Ramos has been removed from the country in 2014 and was not allowed to re-enter the country. United States Border Patrol and Sulphur Police Department conducted the investigation. Assistant U.S. Attorney David J. Ayo prosecuted the cases.
Alberto Herndandez-Villeda, 48, of Mexico. According to the guilty plea, Cameron Parish Sheriff’s deputies found Hernandez-Villeda with another illegal alien on November 8, 2018 while investigating a complaint about someone trespassing on private property. Border Patrol agents discovered that the defendant had been previously removed from the United States on July 14, 2017 and was not allowed in the country. United States Border Patrol and Cameron Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney David J. Ayo prosecuted the cases.
Pedro Santiago-Gomez, 23, of Honduras. According to the guilty plea, Santiago-Gomez was traveling in a vehicle that was stopped by Louisiana State Police for hit and run. State Police contacted Border Patrol, and they determined that Santiago had been previously removed from the country in 2013. United States Border Patrol and the Louisiana State Police conducted the investigation. Assistant U.S. Attorney David J. Ayo prosecuted the cases.
Hector Ramiro Iglesias-Pineda, 33, of Honduras, pleaded guilty before U.S. District Judge S. Maurice Hicks Jr. on one count of illegal re-entry of a removed alien. According to the guilty plea, Iglesias-Pineda was found in Jefferson Davis Parish on October 28, 2018. He was an illegal alien who has been removed from the United States previously on December 6, 2010. Homeland Security Investigations and the Jennings Police Department investigated the case. Assistant U.S. Attorney T. Forrest Phillips prosecuted the case.
Saul Gallindo-Martinez, 33, of Puebla, Mexico, pleaded guilty before U.S. District Judge S. Maurice Hicks Jr. on one count of illegal re-entry of a removed alien. According to the guilty plea, Gallindo-Martinez was found on September 12, 2018 in Beauregard Parish. The defendant had been previously deported on December 10, 2012 after pleading guilty in the 14th Judicial District Court in Calcasieu Parish to driving while intoxicated, first offense. Homeland Security Investigations and the Beauregard Parish Sheriff’s Office investigated the case. Assistant U.S. Attorney T. Forrest Phillips prosecuted the case.
The defendants were also sentenced to a term of imprisonment spanning the time of incarceration to sentencing. They were then remanded to the custody of U.S. Immigrations and Customs Enforcement for deportation proceedings.
Mexican national sentenced to 27 months in prison for transporting 9 illegal aliens in Calcasieu Parish
LAKE CHARLES, La. – Felix Manuel Juarez-Peralta, 28, of Durango, Mexico, was sentenced January 31, 2019 by U.S. District Judge S. Maurice Hicks Jr. on one count of illegal alien transportation. According to the October 12, 2018 guilty plea, law enforcement officers conducted a traffic stop on a vehicle June 7, 2018 traveling west on Interstate 10 in Sulphur, Louisiana. Officers found Juarez-Peralta and nine illegal aliens in a Toyota 4Runner. One of the passengers was an unaccompanied minor. After questioning the defendant, Juarez-Peralta admitted that he knew the passengers were illegal aliens and that he had been paid to transport them.
Homeland Security Investigations, U.S. Border Patrol and Calcasieu Combined Anti-Drug Team conducted the investigation. Assistant U.S. Attorney David J. Ayo prosecuted the case.
Illegal alien from Mexico arrested in Calcasieu Parish pleads guilty re-entering U.S. for 7th time
LAKE CHARLES, La. – Michael Murillo-Vasquez, 39, of Mexico, pleaded guilty February 1, 2019 before U.S. Magistrate Judge Kathleen Kay on one count of illegal re-entry of a removed alien. According to the guilty plea, Calcasieu Parish Sheriff’s deputies stopped the vehicle Murillo-Vasquez was driving on September 27, 2018 at the intersection of Lake Shore Drive and Interstate 10. Upon further investigation, Border Patrol agents found that Murillo-Vasquez had been removed from the country six times in November 2006, July 2007, November 2011, May 2012, February 2013 and October 2014.
Murillo-Vasquez faces up to two years in prison, one year of supervised release, a $250,000 fine, and possible deportation. The court set sentencing for May 9, 2019. United States Border Patrol and the Calcasieu Parish Sheriff’s Office investigated the case. Assistant U.S. Attorney David J. Ayo is prosecuting the case.
Saturday 2 February 2019
Readout of Acting Attorney General Matthew Whitaker's Trip to Bogotá, ColombiaRead the Press Release
From January 30 to February 1, 2019 in Bogotá, Colombia, Acting Attorney General Matthew Whitaker, along with Justice Department staff and U.S. Ambassador Kevin Whitaker, met with President Iván Duque Márquez, Colombian Attorney General Néstor Humberto Martínez Neira, Cabinet members, the Congressional Secretary General, and Colombian police officials to reaffirm the long-standing law enforcement relationship between the United States and Colombia and to strengthen judicial cooperation and goals for addressing transnational crime and supporting the return of democracy in Venezuela.
In separate meetings, Acting Attorney General Whitaker met with U.S. Department of Justice components stationed at the U.S. Embassy, to include the FBI, U.S. Drug Enforcement Administration (DEA) and the Criminal Division’s Office of Overseas Prosecutorial Development, Assistance and Training (OPDAT) and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. They provided briefings on the U.S. government’s law enforcement partnership with Colombia in dismantling and disrupting transnational criminal organizations including combatting Clan del Golfo, which was designated by the Department of Justice on Oct. 19, 2018 as one of the top transnational organized crime threats.
On February 1, Acting Attorney General Whitaker visited the General Santander National Police Academy and gave brief remarks at a wreath laying ceremony in honor of the brave young men and women who lost their lives or were wounded in the line of duty during the Jan. 17 suicide car bomb attack at the officer cadet school by the narco-terrorist group ELN. To approximately 100 Colombian National police officers, AG Whitaker said he was directing all U.S. Department of Justice components stationed at the U.S. Embassy, to include DEA, FBI, the U.S. Marshal’s Service and our DOJ Attaches, to make cases against ELN a top priority for the U.S. Department of Justice.
Acting AG Whitaker pledged that the Department of Justice, together with the Colombian National Police and Attorney General’s Office, "will pursue these cases with the same investigative skill and prosecutorial resources, with which we’ve successfully pursued the Clan del Golfo.”
Acting AG Whitaker was also provided a Congressional briefing at the Colombian Congress.
During the visit, American and Colombian officials discussed their shared mission of combatting narco-trafficking and narco-terrorism as well as illicit finances, foreign corruption, human trafficking, child sexual exploitation and arms trafficking. Both sides look forward to continuing to work together to achieve their shared objectives, as well as continued progress on these issues.
Pill Mill Physician Convicted of Conspiracy to Distribute NarcoticsRead the Press Release
A federal jury on Friday returned a guilty verdict against a so-called “pill mill” physician who oversaw the illegal prescription of nearly a million units of narcotics with no legitimate medical purpose, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Carlos Luis Venegas was convicted of conspiracy to distribute a controlled substance before U.S. District Judge David C. Godbey in Dallas yesterday afternoon.
“These pill mills help to perpetuate the tragic opioid crisis gripping our country,” said U.S. Attorney Nealy Cox. “Last year, America lost, on average, 116 people per day to opioid overdoses. We cannot allow unscrupulous conduct by physicians to add to the supply of dangerous drugs on the streets.” (For additional facts and figures on the opioid epidemic, see the DEA's 2018 National Drug Threat Assessment.)
According to evidence presented at trial, Mr. Venegas acted as the supervising physician for a series of sham medical clinics – all merely fronts for the illegal distribution of hydrocodone and alprazolam.
Members of the conspiracy, witnesses testified, paid homeless and indigent people to pose as patients seeking pain medication. Runners coached these men and women on how to describe their (nonexistent) symptoms, drove them to the clinics, and paid for their appointments.
At the clinics, nurse practitioners, working under Mr. Venegas’ supervision, conducted only cursory medical exams, witnesses said. Medical files seize from the clinics showed that most exams were conducted without any medical testing and rarely produced documentation of patients’ purported ailments.
At the conclusion of the visit, patients were almost always prescribed a cocktail of medications, including Hydrocodone and Xanax, generally for the highest dosages available.
Mr. Venegas now faces up to 20 years in federal prison. Sentencing has not yet been set.
Several of his codefendants, including several nurse practitioners and clinic managers, previously pleaded guilty to their roles in the scheme.
The Drug Enforcement Administration conducted the investigation. Assistant U.S. Attorneys Myria Boehm, Renee Hunter, and Nicholas Bunch prosecuted the case.
Friday 1 February 2019
Youth Care Worker Sentenced to 19 Years in Prison for Sexually Abusing Unaccompanied Minors in Southwest Key FacilityRead the Press Release
PHOENIX – On Jan. 14, 2019, Levian D. Pacheco, 25, of Phoenix, Ariz, was sentenced by U.S. District Judge Steven P. Logan to 19 years’ imprisonment, followed by lifetime supervised release. Pacheco was previously convicted by a federal jury of seven counts of abusive sexual contact with a ward and three counts of sexual abuse of a ward. The statutory maximum sentence for sexual abuse of a ward is 15 years in prison and the statutory maximum for abusive sexual contact with a ward is 2 years in prison. U.S. District Court Judge Logan ordered several of Pacheco’s counts to run consecutively.
The evidence at trial showed that between August 2016 and July 2017, Pacheco sexually abused numerous teenage boys at the Casa Kokopelli Southwest Key Facility in Mesa, Ariz. The minors were being held in official detention in these facilities pending possible deportation. Pacheco was employed as a youth care worker at the facility and was in charge of supervising the minors. The jury convicted Pacheco of sexually abusing seven victims, some on more than one occasion. The acts involved over the clothes touching of the boys’ genitalia, as well as other sexual abuse. Pacheco’s sentence was increased due to the fact that he exposed some of his victims to the HIV virus.
The investigation in this case was conducted by the Department of Health and Human Services, Office of Inspector General, as well as the Mesa Police Department. The prosecution was handled by Dimitra H. Sampson and Tracy Van Buskirk, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-17-1152-PHX-SPL
RELEASE NUMBER: 2019-002_Pacheco
# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Wilson Man Sentenced for Drug Possession After Federal Jury ConvictionRead the Press Release
NEW BERN – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, United States District Judge Louise W. Flanagan sentenced BONDURANT AKEEM RUFFIN, 34, of Wilson, NC, to 69 months imprisonment, followed by 4 years supervised release. On August 15, 2018, following a three day jury trial before United States District Judge Louise W. Flanagan, a jury found RUFFIN guilty of possession with the intent to distribute 500 grams or more of cocaine and 28 grams or more of cocaine base (crack).
According to the investigation, on November 24, 2016, the Wilson Police Department began investigating a vehicle break-in. They utilized a canine to conduct a tracking of the vehicle break-in suspect and encountered RUFFIN near a handicap ramp at a home. Close to RUFFIN, underneath the handicap ramp, was a bag that was later determined to contain 879 grams of powder cocaine and 74 grams of cocaine base (crack). This bag also contained a digital scale, a spoon and packaging materials. At the time of his arrest, RUFFIN possessed over $2,000 in U.S. currency.
Investigation of this case was conducted by the Wilson Police Department. Assistant United States Attorney Dena King prosecuted the case for the government.
Vallejo Couple Convicted of $2 Million Tax Fraud and Money LaunderingRead the Press Release
SACRAMENTO, Calif. — A federal jury convicted Vallejo couple Marty Marciano Boone, 57, and Ronda Boone, 56, on Thursday for conspiring to launder $2 million that they received after filing fraudulent tax returns, U.S. Attorney McGregor W. Scott announced.
Marty Boone was found guilty of one count of filing a false tax return, one count of conspiring to commit money laundering, and two counts of money laundering. Ronda Boone was found guilty of one count of conspiring to commit money laundering and two counts of money laundering.
According to court documents and evidence presented at trial, the couple filed separate 2008 tax returns, each of which fraudulently claimed millions of dollars in refunds. The IRS flagged Ronda Boone’s tax return, did not pay her, and fined her $5,000. However, Marty Boone received a fraudulent tax refund of more than $1.9 million. Evidence showed that the Boones received this check in August 2009, deposited it in a new checking account, and then quickly drained the account. They moved the funds through a series of other accounts in New York, California, Washington, and the nation of Cyprus. The Boones funneled more than $200,000 of this money to a “church” they had set up in Washington state. Evidence at trial established that this money was spent at a Harley Davidson motorcycle shop, in nail salons, and on other seeming everyday expenses, such as groceries and gas. The Boones laundered another $100,000 of their fraud money through a shell company they established in Cyprus.
This case is the product of an investigation by the IRS Criminal Investigation. Assistant U.S. Attorneys Matthew M. Yelovich and Amanda Beck are prosecuting the case.
Both defendants are scheduled to be sentenced on May 9, 2019. They face a maximum statutory penalty of 10 years in prison and a fine equal to $250,000, or twice the amount of the criminally derived property, whichever is greater. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
U.S. Attorney’s Office in Chicago Announces Federal Carjacking Charges Against Five IndividualsRead the Press Release
CHICAGO — The U.S. Attorney’s Office in Chicago today announced federal criminal charges against five individuals in connection with violent carjackings in the city or suburbs.
U.S. v. McKenzie, 19 CR 019
BRIAN MCKENZIE, 23, of Chicago, is charged with two counts of carjacking for allegedly taking two vehicles at gunpoint on Oct. 18, 2018. McKenzie used a handgun to take a Dodge Charger from a driver in the parking lot of a restaurant in Orland Park, and later crashed the vehicle into a worker at a construction site in Oak Forest, according to a criminal complaint filed in U.S. District Court in Chicago. McKenzie allegedly fled on foot and used a handgun to carjack a passing Mazda 3 sedan. He then put the Mazda in reverse and drove over the leg of a law enforcement officer who was pursuing him, the complaint states.
U.S. Magistrate Judge Maria Valdez on Tuesday ordered McKenzie held in federal custody. A detention hearing is set for Feb. 4, 2019, at 11:00 a.m., before U.S. Magistrate Judge M. David Weisman. The case was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives, the Orland Park Police Department, and the Oak Forest Police Department. The government is represented by Assistant U.S. Attorney Kavitha Babu.
U.S. v. Carter, et al, 19 CR 055
In an unrelated case, three defendants have been indicted on a federal carjacking charge for allegedly violently taking a Land Rover from a driver in the Wicker Park neighborhood of Chicago on July 20, 2018. Charged are TYRAN CARTER, 26, DWAYNE LIBERTY, 21, and TERRONDE GORDON, 20, all of Chicago. The indictment also charges Carter individually with carjacking a Toyota Prius in the city’s Hyde Park neighborhood earlier the same day.
Arraignment for the trio is set for Feb. 5, 2019, at 11:00 a.m., in federal court in Chicago. The case was investigated by the Vehicular Hijacking Task Force, a joint federal and state initiative consisting of officers, agents and prosecutors from the U.S. Attorney’s Office, Chicago Police Department, ATF, Federal Bureau of Investigation, Cook County State’s Attorney’s Office, Illinois State Police, and suburban police departments. The government is represented by Assistant U.S. Attorney Timothy Storino.
U.S. v. Dukes, 19 CR 048
In another recent case, KASHIF DUKES, 24, of Chicago, was indicted on a federal carjacking charge for allegedly taking a Mercedes-Benz sedan in Chicago’s Bronzeville neighborhood on Sept. 10, 2017. Dukes displayed a firearm and threatened the driver before taking the car, according to the government’s memorandum in support of detention.
U.S. Magistrate Judge M. David Weisman on Tuesday ordered Dukes detained in federal custody pending trial. The case was investigated by the ATF Chicago Crime Gun Strike Force, in conjunction with the Chicago Police Department. The government is represented by Assistant U.S. Attorneys Katie Durick and John D. Mitchell.
~~~
The charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Timothy Jones, Special Agent-in-Charge of the Chicago Field Division of the ATF; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the FBI; and Eddie Johnson, Superintendent of the Chicago Police Department.
The public is reminded that charges are not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Carjacking is punishable by up to 15 years in prison. If convicted, the Court must impose reasonable sentences under federal statutes and the advisory U.S. Sentencing Guidelines.
Two-Time Felon Found with Shotgun on the San Carlos Apache Community Sentenced to 15 MonthsRead the Press Release
PHOENIX – On Jan. 23, 2019, Sonny James Garcia, 35, of the San Carlos Apache Indian Community, was sentenced by U.S. District Judge Diane J. Humetewa to 15 months’ imprisonment, followed by three years of supervised release. Garcia had previously pleaded guilty to felon in possession of a firearm.
On Feb. 15, 2015, San Carlos Police Officers found Garcia in possession of a sawed-off shotgun near his home on the San Carlos Apache Indian Community. Garcia was not legally permitted to possess firearms due to two previous felony convictions in the Superior Court of Arizona, Gila County.
The investigation in this case was conducted by the San Carlos Police Department, the Bureau of Indian Affairs and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution was handled by Assistant U.S. Attorney Thomas Simon, District of Arizona, Phoenix.
CASE NUMBER: CR-18-816-PHX-DJH
RELEASE NUMBER: 2019-003_ Garcia
# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Tulsa Man Admits to Creating Sexually Violent Images of Children Using Photographs Downloaded from FacebookRead the Press Release
A 35-year-old Tulsa man entered a guilty plea today in U.S. District Court for digitally producing images depicting the sexual abuse of children and distributing almost 500 other graphic image and video files of the sexual abuse of children, announced U.S. Attorney Trent Shores.
At the plea hearing, Jerry Matthew Berry admitted to producing obscene visual representations of the sexual abuse of children and distributing child pornography in 2017 and 2018. Cyber Crimes detectives from the Tulsa Police Department and agents from Homeland Security Investigations discovered Berry’s illicit activities during a peer-to-peer file sharing undercover investigation. After executing a search warrant on Berry’s apartment, investigators also discovered hundreds of additional images and videos of child pornography on his phone. Berry, a former private school teacher in Oklahoma City, admitted to distributing child pornography on file sharing programs. He also admitted to downloading pictures of children from Facebook and digitally altering the photographs to depict himself sexually assaulting and physically harming the children.
“Tulsa Police Department Cyber Crimes detectives and Homeland Security special agents are resilient and committed to the fight to defend our children from online perpetrators. Their dedicated efforts enable the U.S. Attorney’s Office to bring child sex offenders to justice,” said U.S. Attorney Shores. “These days, parents must be ever vigilant because predators like Mr. Berry are lurking about on the internet. The facts of this case are a stark reminder that parents should check their privacy settings on social media and be aware when posting photos of their children.”
U.S. District Judge Claire V. Eagan accepted Berry’s guilty plea and set sentencing for May 7, at 10 a.m. At that time, Berry faces a mandatory minimum sentence of 5 years and up to 20 years in federal prison, at least five years and up to life of supervised release, and a $250,000 fine for each count. He remains in custody.
The Tulsa Police Department’s Cyber Crimes Unit and Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Christopher J. Nassar prosecuted the case.
This case is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.
For more information about Project Safe Childhood, please visit www.justice.gov/psc. Internet safety education can be found on the tab labeled "resources” on the left column of the page.
Three U.S. Attorneys in Alabama Recognize the Service and Sacrifice of Law EnforcementRead the Press Release
Tuscaloosa, Alabama - U.S. Attorneys Jay E. Town, Louis V. Franklin, Sr., and Richard W. Moore, take time to stop, remember, and recognize all federal, state and local law enforcement officers and pay tribute to their service and sacrifice. Law enforcement has the difficult and dangerous task of making our communities safer, while placing their own lives and well-being at risk.
Sadly, each year many officers make the ultimate sacrifice and give their lives in performance of their duties. In the State of Alabama, three officers have been shot and killed over the past year, with two of those deaths taking place just last month. Mobile Police Officer Sean Paul Tuder, was shot and killed on January 20, 2019 while attempting to serve an arrest warrant. Just a week before, on January 13, 2019, Sergeant Wytasha Carter of the Birmingham Police, was also shot and killed attempting to make an arrest. Last year, Mobile Police Department Officer Justin Billa was killed while assisting in the apprehension of a murderer.
We know that law enforcement is the foundation of a safe community. They work diligently each day to maintain order while risking everything for the greater good. Far too many are killed each year for simply doing their jobs. We must also never forget that it is not only the officers that deserve our respect and support, but their families as well. Officers always have our backs and we should always have theirs, including their loved ones.
“Those willing to commit malicious acts of violence against members of law enforcement would not give a second thought to leveling that same violence against the rest of us,” U.S. Attorney Town said. “An attack on the men and women who wear the badge is an attack on the very foundations of our community and the sanctity of our cities. We should never forget that the line of duty is endowed by sacrifice, selflessness, and courage and we should all take care to honor those whose end of watch came much too soon.”
“A law enforcement officer begins each day uncertain as to whether he or she will be asked to make the ultimate sacrifice to protect his or her community,” stated U.S. Attorney Franklin. “Too often, these daily acts of bravery go unnoticed. It should not take the tragic deaths of our officers for all of us to recognize the selfless sacrifices of law enforcement that take place each and every day.”
“An assault on a police officer is an assault on the rule of law and our democratic principles,” said U.S. Attorney Moore. “The citizens of Alabama have an interest in helping us to get the word out that you do not shoot a police officer. That needs to start at home and in our schools. This has become a national problem that all of us need to address together. The three U.S. Attorneys are committed to doing our part to ‘back the blue.’”
Three U.S. Attorneys in Alabama Recognize the Service and Sacrifice of Law EnforcementRead the Press Release
Tuscaloosa, Alabama- U.S. Attorneys Jay E. Town, Louis V. Franklin, Sr., and Richard W. Moore, take time to stop, remember, and recognize all federal, state and local law enforcement officers and pay tribute to their service and sacrifice. Law enforcement has the difficult and dangerous task of making our communities safer, while placing their own lives and well-being at risk.
Sadly, each year many officers make the ultimate sacrifice and give their lives in performance of their duties. In the State of Alabama, three officers have been shot and killed over the past year, with two of those deaths taking place just last month. Mobile Police Officer Sean Paul Tuder, was shot and killed on January 20, 2019 while attempting to serve an arrest warrant. Just a week before, on January 13, 2019, Sergeant Wytasha Carter of the Birmingham Police, was also shot and killed attempting to make an arrest. Last year, Mobile Police Department Officer Justin Billa was killed while assisting in the apprehension of a murderer.
We know that law enforcement is the foundation of a safe community. They work diligently each day to maintain order while risking everything for the greater good. Far too many are killed each year for simply doing their jobs. We must also never forget that it is not only the officers that deserve our respect and support, but their families as well. Officers always have our backs and we should always have theirs, including their loved ones.
“Those willing to commit malicious acts of violence against members of law enforcement would not give a second thought to leveling that same violence against the rest of us,” U.S. Attorney Town said. “An attack on the men and women who wear the badge is an attack on the very foundations of our community and the sanctity of our cities. We should never forget that the line of duty is endowed by sacrifice, selflessness, and courage and we should all take care to honor those whose end of watch came much too soon.”
“A law enforcement officer begins each day uncertain as to whether he or she will be asked to make the ultimate sacrifice to protect his or her community,” stated U.S. Attorney Franklin. “Too often, these daily acts of bravery go unnoticed. It should not take the tragic deaths of our officers for all of us to recognize the selfless sacrifices of law enforcement that take place each and every day.”
“An assault on a police officer is an assault on the rule of law and our democratic principles,” said U.S. Attorney Moore. “The citizens of Alabama have an interest in helping us to get the word out that you do not shoot a police officer. That needs to start at home and in our schools. This has become a national problem that all of us need to address together. The three U.S. Attorneys are committed to doing our part to ‘back the blue.’”
Three More Texas Men Plead Guilty to Stealing 654 Firearms from UPS Trailers in SpringfieldRead the Press Release
SPRINGFIELD, Mo. – Three more Texas men have recently pleaded guilty in federal court to stealing 654 firearms from United Parcel Service trailers in Springfield, Mo., en route to Bass Pro Shops.
Raynord Hunt, 36, of Dallas, Texas, pleaded guilty today before U.S. Magistrate Judge David P. Rush to the charges contained in a Feb. 21, 2018, federal indictment. Co-defendants Eric White, 27, of Arlington, Texas, and Derrick White, 33, of Dallas, pleaded guilty to the same charges in January.
Frank McChriston, 34, and Keith Lowe, 29, both of Dallas, and Quinton Haywood, 27, of Glenn Heights, Texas, also have pleaded guilty to the same charges.
By pleading guilty, all six defendants admitted they aided and abetted each other to steal cargo that was being shipped across state lines, from Beretta USA in Maryland to the state of Missouri. They also pleaded guilty to aiding and abetting each other to possess stolen firearms.
According to court documents, the defendants stole 600 Beretta .380-caliber handguns and 54 Beretta 12-gauge shotguns from United Parcel Service (UPS) trailers in Springfield in October 2017.
The firearms were in the process of being shipped from Beretta Firearms in Maryland to Bass Pro Shops in Springfield. The trailers in which the firearms were shipped had been parked in the UPS freight lot in a configuration to prevent access to the trailer doors, by being parked back-to-back, with the roll-up doors facing each other. The trailers were then blocked by longer trailers, which should have acted as a preventative measure from someone backing a truck-tractor to the trailer and pulling it forward.
Sometime between noon on Oct. 28, 2017, and 8:30 a.m. on Oct. 29, 2017, thieves hot-wired two truck-tractors and used them to push and pull various trailers around the lot, allowing the thieves access to the trailer doors. UPS employees discovered the theft on Oct. 29, 2017, and notified law enforcement.
Under federal statutes, each of the defendants is subject to a sentence of up to 20 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the Springfield, Mo., Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Dallas, Texas, Police Department and the Texas Department of Public Safety.
Three More Sentenced for Conspiracy to Lure Robbery Victims with Online AdsRead the Press Release
KANSAS CITY, Mo. – Two Kansas City, Mo., brothers and a Sugar Creek, Mo., woman have been sentenced in federal court for their roles in a conspiracy to commit a series of armed robberies by luring their victims with online advertisements and ambushing them.
Dylan J. Houston, 22, his brother, Andrew J. Houston, 29, and Nicole Waguespack, also known as Nicole Covey, 36, were sentenced in separate appearances before U.S. District Judge Greg Kays on Thursday, Jan. 31, 2019.
Dylan Houston was sentenced to 12 years in federal prison without parole. Andrew Houston was sentenced to seven years and eight months in federal prison without parole. Waguespack was sentenced to four years and nine months in federal prison without parole. They are among 10 defendants who have been sentenced in this case. Two defendants have pleaded guilty and await sentencing.
Co-conspirators posted ads on several websites in order to entice customers to meet in person at area hotels, residences and apartments in Kansas City, Mo. When the customers arrived, co-conspirators were lying in wait, armed with firearms and weapons that appeared to be firearms. They ambushed and robbed the customers at gunpoint. They often committed more than one robbery in a night.
According to court documents, the proceeds of the robberies was divided up and usually used to pay for narcotics or to pay for a room where the co-conspirators could use narcotics. When confronting the victim, the co-conspirators used verbal threats, pointed real and fake guns at them, physically hit them, and intimidated them. Records obtained from social media services and hotels corroborate statements by participants that only a small percentage of the victims called the police to report their robbery.
Dylan Houston pleaded guilty on July 12, 2018, to his role in the armed robbery conspiracy as well as to three counts of armed robbery. According to court documents, Dylan Houston was one of the enforcers in this violent robbery scheme. Once a victim was led into a room, he surprised the victim and used firearms and threats of physical violence to intimidate him and take electronics and cash. Dylan Houston admitted that he participated in three armed robberies, including one robbery in which the victim, after being forced into his truck at gunpoint, later jumped out of the moving vehicle while driving at highway speeds, in fear for his life. In another robbery, Dylan Houston stole a firearm from a victim that was later used in subsequent robberies.
Andrew Houston pleaded guilty on July 11, 2018, to his role in the armed robbery conspiracy, as well as to three counts of armed robbery. Andrew Houston served as a look-out for multiple robberies, notifying co-defendants about the arrival of victims and watching for law enforcement response. He also shared in the proceeds from the robberies.
Waguespack pleaded guilty on May 3, 2017, to her role in the armed robbery conspiracy as well as to five counts of armed robbery. Waguespack created dozens of online ads designed to lure men to robberies. When victims arrived, she met the victims at the door. As part of the plan, she then excused herself to the restroom while the other co-conspirators surprised and robbed the victims with threats of violence and firearms.
This case is being prosecuted by Assistant U.S. Attorney Matthew P. Wolesky. It was investigated by the FBI, and the Independence, Mo., Police Department, with assistance from the Kansas City, Mo., Police Department, the North Kansas City, Mo., Police Department and the Blue Springs, Mo., Police Department.
Three MS-13 Members Plead Guilty to Kidnapping Conspiracy, Resulting in Murder of VictimRead the Press Release
Greenbelt, Maryland – Reynaldo Alexis Granados-Vasquez, age 23, of Gaithersburg, Maryland, pleaded guilty today to conspiracy to kidnap a victim. This guilty plea follows the guilty plea earlier this week of co-defendant, Neris Moreno-Martinez, age 22, of West New York, New Jersey, and the guilty plea last week of co-defendant Jose Israel Melendez-Rivera, age 21, of Germantown, Maryland, for their roles in the same conspiracy. According to court papers, the defendants kidnapped and murdered the victim, whom they believed to be a member of a rival gang. All three defendants were citizens of El Salvador and unlawfully present in the United States.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Chief J. Thomas Manger of the Montgomery County Police Department; Chief Mark P. Sroka of the Gaithersburg Police Department; and the Guttenberg Police Department, New Jersey.
“The convictions of these three defendants, and our ongoing work with our law enforcement partners to bring other gang members to justice, demonstrate our unflagging commitment to eliminate MS-13 and its campaign of wanton violence,” said United States Attorney Hur.
According to court papers, including the three plea agreements in this case, all three defendants were in the L.A. clique of MS-13. Moreno-Martinez lived in New Jersey and was a paro. Melendez-Rivera, a/k/a “Liar,” lived in Maryland and was an observation. Reynaldo Alexis Granados-Vasquez, a/k/a “Fuego,” also lived in Maryland and was a paro.
In the summer of 2016, Moreno-Martinez told Melendez-Rivera about the victim, Jordy Mejia (identified as Victim A in the Superseding Indictment), whom Moreno-Martinez alleged was a member of the rival 18th Street Gang. (There is no evidence suggesting that Mejia in fact was a member of any gang.) Moreno-Martinez and Melendez-Rivera sought and received approval from certain MS-13 homeboys to murder Mejia.
As part of the conspiracy, on or before October 1, 2016, Moreno-Martinez created a Facebook account in the name of “Shaila Smith.” Between on or about October 2, 2016, and October 15, 2016, Moreno-Martinez, using Facebook, posed as “Shaila Smith,” which included using the assistance of his minor girlfriend, and expressed to Mejia that “Shaila Smith” was romantically interested in Mejia. Moreno-Martinez undertook these actions with the knowledge and willful participation of Melendez-Rivera and Granados-Vasquez, with each having the knowledge that the end goal was to trick Mejia into coming to Maryland so that the three co-defendants could murder Mejia.
As further part of the conspiracy, Moreno-Martinez persuaded Mejia to travel from New Jersey to Maryland to meet in person; instructed Mejia regarding when to travel to Maryland and what interstate transportation service to use; and provided Mejia with the address of Melendez-Rivera on Pine Ridge Lane in Germantown, Maryland, as the location where Mejia should travel to meet “Shaila Smith.”
On the morning of October 15, 2016, Moreno-Martinez traveled from New Jersey to Melendez-Rivera’s basement apartment in Maryland. Later that same day, at the urging of Moreno-Martinez (acting as “Shaila Smith”), Mejia also traveled from New Jersey to Maryland. Once in Maryland, Mejia was instructed by Moreno-Martinez (acting as “Shaila Smith”) to go to a particular address on Pine Ridge Lane in Germantown, Maryland, which was Melendez-Rivera’s address.
Once Mejia arrived in Maryland, Melendez-Rivera drove Moreno-Martinez and Granados-Vasquez to a residence near a wooded area off Game Preserve Road, where the two were to lay in wait for Mejia. Melendez-Rivera then drove back toward his apartment, picked up Mejia, and returned to the vicinity of the residence off Game Preserve Road. When Mejia arrived, Granados-Vasquez and Moreno-Martinez chased Mejia. Granados-Vasquez first caught up to Mejia, kicking him into a small stream. Melendez-Rivera and Moreno-Martinez then held Mejia’s head underwater, drowning Mejia.
After murdering Mejia, Melendez-Rivera, Moreno-Martinez, and Granados-Vasquez carried Mejia’s body into the woods nearby, dug a shallow grave, and then each took turns stabbing Mejia’s dead body with two machetes they had brought.
La Mara Salvatrucha, a/k/a the MS-13 gang (“MS-13”), is a gang composed primarily of immigrants or descendants of immigrants from El Salvador, with members operating in the State of Maryland, including Montgomery County and Prince George’s County, and throughout the United States. MS-13 is a national and international criminal organization and is one of the largest street gangs in the United States. Gang members actively recruit members, including juveniles, from communities with a large number of Salvadorian immigrants.
MS-13 members are required to commit acts of violence both to maintain membership and discipline within the gang and against rival gangs. Participation in criminal activity by a member, particularly violent acts directed at rival gangs or as directed by the gang leadership, increased the respect accorded to that member, resulted in that member maintaining or increasing his position in the gang, and opened the door to a promotion to a leadership position. One of the principal rules of MS-13 was that its members must attack and kill rivals whenever possible. Rivals are often referred to as “chavalas.” One of the main rivals of MS-13 was the 18th Street Gang.
Prospective members who sought to join MS‑13 were required to complete an initiation process. Individuals who associated with and were friends of the gang were called “paisas.” Individuals who did favors and other acts for the gang were called “paros.” Persons being observed by the gang for potential membership were known as “observations.” Individuals who had advanced to the final level before being “jumped in” were called “chequeos,” or “cheqs.” Chequeos underwent a probationary period during which they were required to commit crimes on behalf of MS-13 to achieve trust and prove their loyalty to the gang. To join MS‑13 and become a full member or “homeboy,” prospective members were required to complete an initiation process, often referred to as being “jumped in” or “beat in” to the gang. During that initiation, other members of MS‑13 would beat the new member, usually until a gang member finished counting aloud to the number thirteen, representing the “13” in MS-13.
MS‑13 is an international criminal organization, and is organized in Maryland and elsewhere into “cliques,” that is, smaller groups operating in a specific city or region. Cliques operated under the umbrella rules of MS‑13.
Melendez-Rivera is scheduled for sentencing on April 25, 2019, at 1:00 p.m. before Judge Paula Xinis in U.S. District Court in Greenbelt, Maryland, and faces up to life in prison. Moreno-Martinez is scheduled for sentencing on May 3, 2019, at 1:00 p.m. before Judge Xinis and faces from 292 months to 365 months in prison. Granados-Vasquez is scheduled for sentencing on May 13, 2019, at 1:00 p.m. before Judge Xinis and faces from 240 months to 324 months in prison.
United States Attorney Robert K. Hur commended Homeland Security Investigations; the Montgomery County Police Department; the Gaithersburg Police Department; and the Guttenberg Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Thomas P. Windom and Timothy Hagan, who are prosecuting the case.
###
Swiss Attorney Pleads Guilty to Participating in Global Pump-and-Dump SchemeRead the Press Release
BOSTON – A Swiss lawyer pleaded guilty yesterday in federal court in Boston in connection with participating in an international pump-and-dump scheme.
Matthew Ledvina, 46, pleaded guilty to one count of conspiracy to commit securities fraud. U.S. District Court Judge William G. Young scheduled sentencing for April 25, 2019.
In or about June 2017, Ledvina assisted his co-conspirators by creating nominee entities that were used to hold shares in Environmental Packaging Technologies Inc. (EPTI), a publicly-traded company. The nominee entities allowed the true owners of the shares to mask their identities and to secretly sell large quantities of EPTI shares, even as they and others simultaneously orchestrated promotional campaigns and other manipulative efforts to artificially inflate the price and trading volume of those shares.
The government previously charged Roger Knox, the operator of Silverton, a Switzerland-based asset management firm, with helping to facilitate the EPTI pump-and-dump and other market manipulation schemes. During the pump-and-dump, Silverton sold approximately $1.5 million worth of EPTI stock before trading was halted by the Securities and Exchange Commission. Knox previously pleaded not guilty and is currently detained pending trial.
The charging statute provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of up to $250,000 or twice the gross gain or loss. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement. Assistant U.S. Attorney Eric Rosen of Lelling’s Securities and Financial Fraud Unit is prosecuting the case.
Suburban Musician Pleads Guilty to Child Pornography Charge for Enticing Underage Girls to Produce Sexually Explicit VideosRead the Press Release
CHICAGO — A west suburban musician pleaded guilty today to a federal child pornography charge and admitted enticing several underage girls, many as young as 14 years old, to produce sexually explicit videos of themselves.
AUSTIN JONES, 26, of Bloomingdale, pleaded guilty to one count of receipt of child pornography. He faces a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years. U.S. District Judge John Z. Lee conditionally accepted the guilty plea and set sentencing for May 3, 2019, at 1:30 p.m.
The guilty plea was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and James M. Gibbons, Special Agent-in-Charge of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Chicago. The Illinois Attorney General’s Office’s Internet Crimes Against Children Task Force and the Bloomingdale Police Department provided assistance in the investigation. The government is represented by Assistant U.S. Attorney Katherine Neff Welsh.
Jones is a musician with a significant following on social media, including Facebook and YouTube. His online music videos have been viewed millions of times.
Jones admitted in a plea agreement that in 2016 and 2017 he chatted with six underage girls on Facebook and enticed them to produce pornographic videos of themselves and send them to him. Jones told some of his victims to send him the videos as a way to “prove” that they were his biggest fans, the plea agreement states. He also told some of his victims that the videos were part of a modeling opportunity, and that he could assist them in gaining followers on the social media site Instagram, the plea agreement states.
In addition to the six victims whom he enticed to send videos, Jones further admitted in the plea agreement that he used Facebook on approximately 30 other occasions to attempt to persuade minor girls to send him sexually explicit videos and photographs.
If you believe you are a victim of sexual exploitation, you are encouraged to call the ICE Tip Line at 1-866-DHS2-ICE (1-866-347-2423) or the National Center for Missing and Exploited Children at 1-800-843-5678. The hotlines are available 24 hours a day, seven days a week.
Steroid Distributor Sentenced to Federal PrisonRead the Press Release
Orlando, Florida – Senior U.S. District Judge Gregory A. Presnell has sentenced John Dillon Williamson (27, Orlando) to four years in federal prison for distributing anabolic steroids. Williamson had pleaded guilty on November 13, 2018.
According to court documents, Williamson conspired with others over several years to distribute hundreds of kilograms of anabolic steroids. Williamson and his co-conspirators ordered the steroids from overseas suppliers, received them at several addresses in central Florida and elsewhere, combined them into various mixtures, and used the internet to distribute the steroids throughout the United States.
This case was investigated by the Drug Enforcement Administration, the U.S. Postal Service, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the Seminole County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Embry J. Kidd.