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1 March 2019
Former Mississippi Corrections Officer Sentenced to Five Years Imprisonment for Excessive ForceRead the Press Release
The Honorable Chief Judge Daniel P. Jordan III, of the United States District Court for the Southern District of Mississippi, sentenced Defendant Reginald Laterry Brown, 27, a former Mississippi Department of Corrections (MDOC) officer, to serve five years imprisonment for violating the civil rights of an inmate housed at the Central Mississippi Correctional Facility (CMCF). Brown previously pled guilty on Nov. 16, 2018, to assaulting the victim, identified as L.H., by kicking him, stomping on him, and punching him. Brown’s assault resulted in bodily injury to L.H. and involved the use of a dangerous weapon. At the time of the incident, Brown was working as a corrections officer at CMCF in Rankin County, Mississippi.
“A correctional officer who inflicts cruel and unusual punishment on an inmate in his custody betrays the trust placed in those who hold positions of power and authority,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Justice Department is committed to protecting the constitutional rights of every person and holding officers who break the law accountable.”
“This office will continue to vigorously prosecute those who betray their sacred oath and violate our criminal laws,” said U.S. Attorney Mike Hurst of the Southern District of Mississippi. “I want to thank our prosecutors, DOJ trial attorneys, and the agents who brought this man to justice. Without their diligent effort, these ugly abuses may never have come to light and this defendant would not have been held accountable. An abuse of power is an abuse of our system, and such abuses will not be tolerated in this district.”
“When correctional officers fail to uphold their oath of office and the rights of those they are sworn to protect, it undermines the criminal justice system as a whole,” said Christopher Freeze, Special Agent in Charge of the FBI in Mississippi. “This sentencing should send a clear message that the FBI takes these allegations seriously, and that civil rights investigations remain a top priority for the FBI.”
This case was investigated by the FBI’s Jackson, Mississippi Field Office. Trial Attorney Julia Gegenheimer of the Department of Justice Civil Rights Division and Assistant U.S. Attorney Glenda Haynes of Southern District of Mississippi prosecuted the case.
Former Logan County Schools Superintendent Sentenced on Charges Relating to Fraud SchemeRead the Press Release
CHARLESTON, W.Va. – Phyllis Doty, a former Superintendent of Logan County Schools, was sentenced to 42 months in prison and three years of supervised release, announced United States Attorney Mike Stuart. She was also ordered to pay the full amount of restitution in the amount of $25,083.10. Doty, 65, was convicted by a federal jury sitting in Charleston on August 31, 2018 of felony counts of conviction, including four counts of wire fraud, two counts of theft from a program receiving federal funds, one count of mail fraud and one count of aggravated identity theft. The guilty verdict came after a four day jury trial. The Court did not impose a fine based on the finding that Doty’s significant state pension has been suspended as a result of her felony conviction.
“Doty’s sentence is another signal of my commitment to punish public corruption,” said United States Attorney Mike Stuart. “To quote Judge Faber, “It is a serious breach of the public trust.” I agree. There’s no such thing as a little bit of public corruption. As is clear from my record, this office takes public corruption and violations of the public trust extremely seriously. In each case in which the public trust is violated we will prosecute to the maximum extent of the law. The public deserves honest public officials. I want to thank my prosecution team, the FBI and the West Virginia Commission on Special Investigations for their extraordinary work in this case.”
Doty, who retired from Logan County Schools in 2016, stole over $12,000 in electronic devices purchased by the Logan County Board of Education and used public funds to decorate and supply her son's August 2015 wedding. The scheme began in 2011 when the Logan County Board of Education regularly purchased Apple iPods and iPads for Logan County Schools staff. The jury found that between 2011 and 2015, Doty stole at least 20 of these devices, and either sold them on eBay for profit, or gave them to family members as gifts. Doty directed the purchase of the devices or purchased them herself, and then sold them online or gave them away to her family.
Doty’s scheme also included ordering over $6,500 in wedding supplies with Logan County Board of Education money. These items included bread baskets, easels, drink dispensers, columns, decorative urns and a colonnade. Doty claimed that these items were requested by Logan County teachers. However, the teachers testified that they knew nothing of these orders and the items mostly remained in boxes until they were used for the wedding. Evidence at trial showed that Doty gave some of these items away to the wedding planner following the wedding.
Doty further attempted to cover up her scheme once an investigation into suspicious spending became public. She attempting to influence Logan County teachers of the falsehood that she had permission to take iPods purchased by the Logan County Board of Education. She also asked the wedding planner to return the gifted urns to a Logan County school.
Former Assistant United States Attorney Gabe Wohl and Assistant United States Attorney Erik S. Goes were responsible for the prosecution. The Federal Bureau of Investigation and the West Virginia Legislature Commission on Special Investigations investigated the matter. Senior United States District Judge David A. Faber presided over the hearing.
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Former High School Teacher Sentenced for “Celebgate” HackingRead the Press Release
RICHMOND, Va. – A Richmond man was sentenced today to almost three years in prison for charges of unauthorized access to a protected computer and aggravated identity theft.
According to court documents, Christopher Brannan, 31, intentionally accessed without authorization Internet and email accounts, including Apple iCloud, Yahoo!, and Facebook accounts, and obtained complete iCloud backups, photographs, and other private information belonging to more than 200 victims, including both celebrities and non-celebrities. Brannan hacked email accounts by answering security questions that he could easily research by reviewing victims’ Facebook accounts.
Brannan also gained access to victims’ accounts by using phishing email accounts designed to look like legitimate security accounts from Apple. Because of the victims’ belief that the email had come from Apple, the victims would provide their usernames and passwords. Brannan would then access the victims’ email accounts, and search for personal information such as sensitive and private photographs and videos, including nude photographs. Authorities identified Brannan as a suspect during a California-based FBI investigation into hacked iCloud accounts commonly known as “Celebgate.”
As part of Brannan’s plea agreement, the United States made a non-binding recommendation to the Court that he be sentenced to 34 months in prison. At sentencing, Senior U.S. District Judge Henry E. Hudson accepted the government’s recommendation and imposed the agreed-upon sentence.
This matter stems from an investigation conducted by the FBI in Los Angeles into the leaks of photographs of numerous female celebrities in September 2014. The U.S. Attorney’s Office for the Central District of California, which is leading the prosecution, filed charges against Brannan in April, and the parties later agreed to transfer the case to the Eastern District of Virginia for further prosecution.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Thomas M. Chadwick, Acting Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after the sentencing hearing. Assistant U.S. Attorneys Brian R. Hood of the Eastern District of Virginia and Ryan White of the Central District of California prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:18-cr-118.
Former Canton Resident Extradited from Ireland Sentenced on Mortgage Fraud ChargesRead the Press Release
BOSTON – A dual U.S.-Irish citizen was sentenced yesterday in federal court in Boston on charges arising out of a multi-year mortgage fraud scheme.
Patrick Lee, 46, formerly of Canton and Easton, was sentenced by Chief U.S. District Court Judge Patti B. Saris to four years in prison, three years of supervised release, and ordered to pay restitution of $842,552 to victim lenders. Lee will also be subject to asset forfeiture, in an amount to be determined later.
In November 2018, Lee pleaded guilty to wire fraud and making an unlawful monetary transaction. He was extradited from Ireland in 2017 to face the charges, marking the first extradition from Ireland to the United States since 2012.
Between July 2005 and May 2007, Lee engaged with others in a mortgage fraud scheme. Specifically, Lee or a relative bought five multi-family buildings in Dorchester and South Boston, financed those purchases with fraudulently obtained mortgage loans, and quickly converted the buildings to condominiums which facilitated the resale of individual units in the buildings to straw buyers. The straw buyers were recruited for this purpose and their purchases were financed with fraudulently obtained mortgage loans. The straw buyers were assured that they would not have to put any money down or pay the mortgages, and that they would get a fee at closing and/or a share of the profits when the properties were sold. The loans were funded with interstate wire transfers from the mortgage lenders to the closing attorneys’ conveyancing accounts, and the proceeds were then distributed to Lee and/or a family member, the recruiters, and others involved in the scheme. According to the government, mortgage lenders suffered losses of about $3.9 million. Many of the lenders are no longer in business or no longer hold the fraudulent loans at issue.
United States Attorney Andrew E. Lelling; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; Stephen A. Marks, Special Agent in Charge of the U.S. Secret Service, Boston Field Office; and John Gibbons, U.S. Marshal for the District of Massachusetts, made the announcement today. Assistant U.S. Attorneys Sandra S. Bower and Christine Wichers of Lelling’s Criminal Division prosecuted the case.
Five Previously Deported Aliens Charged with Illegal ReentryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that five previously deported aliens were indicted separately on February 27, 2019, by a federal grand jury for illegal reentry into the United States. These matters arose in counties throughout the District including Bradford, Columbia, Cumberland, Luzerne, and York.
According to United States Attorney David J. Freed, Leovijildo Mitra-Hernandez, age 38, of Mexico, was previously deported from the United States to Mexico in July 2008. He is alleged to have illegally reentered the United States again sometime after July 2008, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Jose Luis Ochoa-Arevalo, age 38, of El Salvador, was previously deported from the United States to El Salvador in February 2008. He is alleged to have illegally reentered the United States sometime after February 2008, and was found in the United States in Columbia County, Pennsylvania after eluding examination or inspection by immigration officers.
Jose Antonio Rascon-Romero, age 30, of Mexico, was previously deported from the United States to Mexico in May 2012. He is alleged to have illegally reentered the United States sometime after May 2012, and was found in the United States in Bradford County, Pennsylvania after eluding examination or inspection by immigration officers.
Miguel Diaz-Palma, age 45, of Mexico, was previously deported from the United States to Mexico in October 2011. He is alleged to have illegally reentered the United States sometime after October 2011 and was found in the United States in Wilkes Barre, Luzerne County, Pennsylvania after eluding examination or inspection by immigration officers.
Tony Hernan Rengifo-Rosas, age 53, of Peru, was previously deported from the United States to Peru in September 2001. He is alleged to have illegally reentered the United States sometime after September 2001, and was found in the United States in Lemoyne, Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
These cases were investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Assistant United States Attorneys James T. Clancy and Joanne Hoffman are prosecuting the cases.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Defendants face a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Five Individuals Arrested for Hobbs Act, Carjacking, and Firearms OffensesRead the Press Release
SAN JUAN, P.R. – On March 1st, a federal grand jury returned a six-count indictment against five individuals for interference with commerce by robbery (Hobbs Act), carjacking, kidnapping, and possessing and brandishing a machinegun in furtherance of a crime of violence, announced United States Attorney Rosa Emilia Rodríguez-Vélez.
The indictment alleges that on February 19, in the District of Puerto Rico, José González-Cirino; Carlos Diaz-Medina; Adlay De Aza-Casillas; Egadier Omar Díaz-Andrades; and Eddie Escalera-Martínez, conspired to unlawfully take motorcycles from Evinmotors, a company engaged in the retail sale of motorcycles, all-terrain vehicles, watercraft, and boats, in the presence of a security guard, against his will by means of actual and threatened force, violence, and fear of injury, by threatening the security guard with a firearm and tying him up inside his vehicle in an attempt to commit the robbery.
In their attempt to commit the robbery, the defendants, aiding and abetting each other, possessed and brandished firearms, and took a white, four-door, 1993 Mitsubishi Mirage from the security guard, that had been transported, shipped, and received in interstate or foreign commerce -- by force, violence, and intimidation, with the intent to cause death and serious bodily harm. The defendants kidnapped the security guard by tying him up inside his vehicle while they drove around and tried to break into various warehouses to gain access to Evinmotors. Fortunately, the security guard was not harmed and defendants were ultimately unsuccessful in their attempted robbery. After alarms sounded, defendants fled the scene and were apprehended shortly thereafter by the Puerto Rico Police Department and the FBI, who are in charge of the investigation.
The case is being prosecuted by Assistant United States Attorney David T. Henek. If convicted, the defendants face up to life in prison. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
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Felon with 13 Prior Convictions Pleads Guilty to Illegally Possessing HandgunRead the Press Release
PITTSBURGH, PA - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to a charge of possession of a firearm and ammunition by a convicted felon, United States Attorney Scott W. Brady announced today.
Darnell James Shipman, 29, pleaded guilty to one count before United States District Judge Nora Barry Fischer.
In connection with the guilty plea, the court was advised that on or about April 29, 2018, at a residence in Pittsburgh, Shipman, who is a convicted felon, brandished a 9 millimeter semi-automatic Canik pistol at another individual and threatened the individual. The court was further advised that on or about May 2, 2018, the defendant was arrested on outstanding warrants with the Canik pistol and 17 rounds of 9 mm ammunition in his possession, which were found in the center console of a vehicle he was driving. Shipman has 13 prior convictions in seven cases, and is prohibited from possessing a firearm under federal law.
Judge Fischer scheduled sentencing for August 6, 2019. The law provides for a total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant. Shipman will remain under detention pending the sentencing hearing.
Assistant United States Attorney David Lew is prosecuting this case on behalf of the government.
The Pittsburgh Bureau of Police and the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation leading to the indictment in this case. The case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Felon Sentenced to 25 Years in Federal Prison After Being Convicted After Trial for Committing Three Armed Robberies in Less Than One HourRead the Press Release
FOR IMMEDIATE RELEASE Contact MARCIA MURPHY
www.justice.gov/usao/md at (410) 209-4854
Greenbelt, Maryland – U.S. District Judge Paula Xinis sentenced James Lorenzo Thomas, Jr., age 32, of Oxon Hill, Maryland, to 25 years in federal prison, followed by five years of supervised release, for three counts of commercial armed robbery, three counts of brandishing a firearm during a crime of violence, and one count of being a felon in possession of a firearm. The sentence was imposed on February 28, 2019, the jury convicted Thomas on December 3, 2018.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Special Agent in Charge Jennifer L. Moore of the Federal Bureau of Investigation, Baltimore Field Office; and Chief Henry P. Stawinski III of the Prince George’s County Police Department.
“James Thomas committed these robberies in broad daylight, threatened the store employees at gunpoint, attempted to intimidate a witness, and threatened a Deputy U.S. Marshal,” said U.S. Attorney Robert K. Hur. “This prosecution and sentence send a strong message that these criminal actions cannot, and will not, be tolerated.”
According to evidence presented at his four-day trial, in less than one hour on April 6, 2017, Thomas and a co-defendant robbed businesses in Camp Springs, Clinton, and District Heights, Maryland. In each robbery the defendants brandished a firearm. In all of the robberies, Thomas and his co-defendant stole cash from the business, and in one robbery also took a victim’s cell phone. At the location of their last robbery, a game store, Thomas and his co-defendant also stole PS4s, virtual reality headsets, and an Xbox – one of which had a GPS tracker that led the police to the robbers less than 20 minutes after they left the store. The police found Thomas and his co-defendant in the getaway car, surrounded by game consoles and dividing up the cash from the robberies. The gun used in the robberies was also recovered. According to court documents, these robberies were committed while Thomas was on probation for a previous conviction for conspiracy to commit robbery.
During the trial, Thomas attempted to intimidate a witness to prevent the witness from testifying at trial. As a result, the witness initially would not answer the prosecutor’s questions. After a short recess, the witness did testify. A Deputy U.S. Marshal, who heard the attempted intimidation, subsequently testified at the trial as to what the defendant said to the witness. Thomas subsequently also threatened the Deputy U.S. Marshal.
Co-defendant Nathan Sergio Latimore, age 33, of Camp Springs, Maryland, previously pleaded guilty to five robberies, including the three he committed with Thomas. On December 10, 2018, Judge Xinis sentenced Latimore to 10 years in federal prison.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Robert K. Hur commended the FBI Cross-Border Task Force and the Prince George’s County Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Timothy F. Hagan, Jr. and Elizabeth G. Wright, who are prosecuting the case.
Federal Way Tax Preparer Convicted in Scheme to Prepare False Income Tax ReturnsRead the Press Release
A 52-year-old Federal Way, Washington resident was convicted late yesterday of eight counts of aiding and assisting in preparing false income tax returns, announced U.S. Attorney Brian T. Moran. LINA PASTARS ran a tax preparation business out of her home and collected higher fees from customers by falsely inflating their deductions, so that her clients received a bigger refund. The jury deliberated about three hours following three days of testimony. Chief U.S. District Judge Ricardo S. Martinez scheduled sentencing for June 28, 2019.
According to testimony at trial and records filed in the case, the investigation of PASTARS began in 2015, when the IRS audited one of her clients whose 2012 tax return claimed more than $30,000 in unreimbursed business expenses. The clients claimed PASTARS has claimed the deductions without their knowledge. The IRS Scheme Development Center then began a review of returns prepared by PASTARS between 2012 and 2014 and discovered the returns had unreimbursed employee business expenses that far exceeded the average claims in the Puget Sound region. The statistical analysis revealed PASTARS claimed unreimbursed business expenses for clients that were three to four times the average claim.
On two different occasions in March and April 2015, undercover IRS Criminal Investigation (IRS-CI) agents went to PASTARS posing as clients for tax preparation. Both were very clear that they had no employee business expenses. They told PASTARS that all their expenses were reimbursed by their employers. Nevertheless, PASTARS claimed thousands of dollars in unreimbursed expenses so that the returns showed a refund. She increased the fee that she charged each undercover agent saying “If I do deduction I charge more.” Undercover audio and video of these exchanges were admitted into evidence and played for the jury.
As PASTARS deductions and promised refunds grew, so did her business. Most of her customers paid in cash – making her profit from the scheme difficult to trace. But based on those customers who paid by check or via an online payment system she went from 159 returns prepared in 2012 to 366 prepared in 2015. Over those same years her trackable income from tax prep increased ten-fold from $6,500 in 2012 to $65,470 in 2015. Those figures do not account for clients who paid in cash.
The statistical analysis of returns prepared by PASTARS between 2012 and 2015 reveal that she inflated the deductions for business expenses and charitable donations by as much as $4 million. Investigators will now calculate the tax loss for purposes of sentencing.
Aiding and assisting in preparation of false income tax returns is punishable by up to three years in prison and a $100,000 fine. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. The sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
The case was investigated by Internal Revenue Service Criminal Investigation.
The case was prosecuted by Assistant United States Attorneys Seungjae Lee and Michael Dion.
Federal Officials Close the Investigation into the Death of Terence CrutcherRead the Press Release
The Justice Department announced today that there is insufficient evidence to pursue federal criminal civil rights charges against the Tulsa Police Department (TPD) officer involved in the fatal shooting of Terence Crutcher. Officials from the Department’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Oklahoma met today with Mr. Crutcher’s family and their representatives to inform them of this decision. Mr. Crutcher was shot and killed during a confrontation with former TPD Officer Betty Shelby after he abandoned his vehicle in the middle of the roadway.
Following the shooting, a team of some of the department’s most experienced civil rights prosecutors and FBI agents conducted a comprehensive, independent review of the events surrounding the events of Sept. 16, 2016. Federal authorities examined all of the material and evidence in the State case generated by the TPD, the Oklahoma State Bureau of Investigation (OSBI), and the Tulsa District Attorney’s Office (DAO), including witness statements, audio and video recordings, dispatch records, crime scene evidence, ballistics evidence, and medical reports. Following Officer Shelby’s acquittal in State court, the Department reviewed additional evidence presented during the trial and the trial transcripts. The FBI also enhanced video footage of the shooting in an effort to increase the Department’s ability to analyze the circumstances of the shooting.
The federal review sought to determine whether Shelby violated federal law by willfully using unreasonable force against Crutcher. Under the applicable federal criminal civil rights statute, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a Constitutional right. To establish willfulness, federal authorities must show that the officer acted with the deliberate and specific intent to do something the law forbids. This is one of the highest standards of intent imposed by law. Mistake, misperception, negligence or poor judgment are not sufficient to establish a federal criminal civil rights violation.
After a careful and thorough review into the facts surrounding the shooting, federal investigators determined that there is insufficient evidence to prove beyond a reasonable doubt a violation of the federal statute. The evidence, when viewed as whole, is insufficient to establish beyond a reasonable doubt that Officer Shelby’s use of force was “objectively unreasonable” under the Supreme Court’s definition, nor is the evidence sufficient to rebut her assertion that she fired in self-defense with the mistaken belief that Mr. Crutcher reached into his vehicle in order to retrieve a weapon. The evidence is also insufficient to establish that Officer Shelby acted with the specific intent to break the law.
Accordingly, the investigation into this incident has been closed. This decision is limited strictly to the Department’s inability to meet the high legal standard required to prosecute the case under the federal civil rights statute; it does not reflect an assessment of any other aspect of the shooting.
“The Department of Justice devoted significant resources to this investigation to ensure that a thorough review was undertaken. Attorneys from both the Civil Rights Division and the U.S. Attorney's Office worked closely with the FBI to examine the evidence and review applicable law,” said U.S. Attorney Shores. “Any allegation of law enforcement misconduct and willful deprivation of civil rights is taken seriously. However, the evidence in this case did not support pursuing criminal prosecution. Moving forward, I hope that citizens and law enforcement will continue to work together to better our community.”
The Justice Department is committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources required to ensure that all allegations of serious civil rights violations are fully and completely investigated. The Department aggressively prosecutes criminal civil rights violations whenever there is sufficient evidence to do so.
Federal Jury Finds Nashville Man Guilty of Drug and Firearm OffensesRead the Press Release
NASHVILLE, Tenn. – March 1, 2019 – Jacquise Miller, aka, “Boo Boo,” 20, of Nashville, Tennessee, was convicted today, following a four-day trial in U.S. District Court, of possessing cocaine and marijuana with the intent to distribute and possessing a firearm in furtherance of a drug trafficking crime, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
According to evidence and testimony at trial, in July 2017, Metropolitan Nashville Police Department (MNPD) officers saw Miller get out of his car and leave it blocking an alley in the Cheatham Place Public Housing in North Nashville. After smelling marijuana coming from the car and seeing a marijuana cigarette in the ashtray, officers searched the car and discovered approximately $12,000 worth of cocaine, multiple bags of marijuana, digital scales, and a loaded semi-automatic handgun. Miller was later arrested by MNPD and a federal grand jury indicted Miller in November 2017.
Miller faces a mandatory minimum sentence of five years and up to life in prison, when he is sentenced later this year by U.S. District Court Judge Aleta A. Trauger.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives; the Drug Enforcement Administration; and the Metropolitan Nashville Police Department North Precinct Flex Team. Assistant U.S. Attorneys Ahmed Safeeullah and Robert Levine prosecuted the case.
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Fall River Woman Pleads Guilty to Drug ChargesRead the Press Release
BOSTON – The mother of an MCI-Cedar Junction inmate pleaded guilty today in federal court in Boston in connection with smuggling drugs into the facility.
Margaret Guillemette, 58, pleaded guilty to one count of conspiracy to distribute Suboxone and Alprazolam. In September 2018, she was charged along with Chad Connors, 42, and William Guillemette, 39, both inmates at Massachusetts Correctional Institute – Cedar Junction (MCI-CJ) in South Walpole, and Lisa Guillemette, 42, also of Fall River. U.S. District Court Judge Indira Talwani scheduled Margaret Guillemette’s sentencing for May 30, 2019.
According to the charging documents, Chad Connors and William Guillemette were inmates housed at MCI-CJ’s Departmental Disciplinary Unit (DDU). It is alleged that Connors was involved in a romantic relationship with a nurse assigned to the DDU. At Connors’ request, the nurse agreed to smuggle contraband, including controlled substances, into MCI-CJ. In order to do this, the nurse opened two P.O. Boxes through a third party. Connors sent letters and money to the nurse at these P.O. Boxes and, at William Guillemette’s direction, his wife, Lisa, and mother, Margaret, obtained and sent Suboxone and Alprazolam to the P.O. Boxes. The nurse subsequently smuggled the drugs into the DDU and delivered them to Connors. It is alleged that Connors and William Guillemette distributed the drugs to other inmates, who sent checks to Lisa and Margaret Guillemette as payment for the drugs. Suboxone and Alprazolam are Schedule III and Schedule IV controlled substances, respectively.
The nurse was previously charged and pleaded guilty to one count of conspiracy to distribute Suboxone and Alprazolam.
The charge of conspiracy to distribute Suboxone and Alprazolam provide for a sentence of no greater than 10 years in prison, three years of supervised release, a fine of $500,000 and forfeiture. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service’s Boston Division made the announcement today.
The details contained in the charging documents are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Fairbanks Man Sentenced to Prison for Misapplying over $300,000 from Organization Receiving Federal FundsRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that a Fairbanks man has been sentenced to federal prison for willfully misapplying over $300,000 from an organization receiving federal funds, among other offenses.
David Michael McGraw, 39, of Fairbanks, was sentenced today by U.S. District Judge Ralph R. Beistline, to serve 18 months in prison, followed by two years of supervised release. In October 2018, McGraw pleaded guilty to one count of misapplication from an organization receiving federal funds, and one count of making and subscribing a false return. McGraw paid restitution in full to the Yukon River Inter-Tribal Watershed Council prior to sentencing, and was also ordered to pay $40,604 in restitution to the IRS.
According to court documents, from 2010 to 2014, McGraw was the Finance Director for the Yukon River Inter-Tribal Watershed Council (“Watershed Council”), a nonprofit corporation formed to improve and preserve the water quality of the Yukon River and its watershed. During McGraw’s employment as the Financial Director, the organization received over $3.5 million in federal grant funds to address health, environmental and safety issues. The investigation revealed that McGraw intentionally misapplied approximately $315,000 from the Watershed Council for his personal benefit including, among other things, the purchase of an airplane, maintenance on the airplane, flight school for himself, the purchase of real estate, more than a dozen firearms, and online pornography fees.
The investigation further revealed that McGraw created two sham corporations to hide his embezzlement. Specifically, he intentionally misapplied funds by diverting money from the Watershed Council to two corporations set up at his direction – Clear Skies Aviation LLC and Interior Rentals LLC. McGraw used the money he diverted to these corporations to conceal the purchase of an airplane and real estate for himself using Watershed Council funds. Additionally, for the years 2011 to 2013, McGraw knowingly filed false personal income tax returns, which failed to disclose the business income he received from his criminal activity.
The IRS-Criminal Investigation (IRS-CI) and the Federal Bureau of Investigation (FBI), with assistance from the Environmental Protection Agency, Office of Inspector General (EPA OIG) and the National Science Foundation, Office of Inspector General (“NSF OIG”), conducted the investigation leading to the indictment in this case. This case was prosecuted by Assistant U.S. Attorney Aunnie Steward.
Former Mississippi Corrections Officer Sentenced to Five Years Imprisonment for Excessive ForceRead the Press Release
WASHINGTON – The Honorable Chief Judge Daniel P. Jordan III, of the United States District Court for the Southern District of Mississippi, sentenced Defendant Reginald Laterry Brown, 27, a former Mississippi Department of Corrections (MDOC) officer, to serve five years imprisonment for violating the civil rights of an inmate housed at the Central Mississippi Correctional Facility (CMCF). Brown previously pled guilty on Nov. 16, 2018, to assaulting the victim, identified as L.H., by kicking him, stomping on him, and punching him. Brown’s assault resulted in bodily injury to L.H. and involved the use of a dangerous weapon. At the time of the incident, Brown was working as a corrections officer at CMCF in Rankin County, Mississippi.
“A correctional officer who inflicts cruel and unusual punishment on an inmate in his custody betrays the trust placed in those who hold positions of power and authority,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Justice Department is committed to protecting the constitutional rights of every person and holding officers who break the law accountable.”
“This office will continue to vigorously prosecute those who betray their sacred oath and violate our criminal laws,” said U.S. Attorney Mike Hurst of the Southern District of Mississippi. “I want to thank our prosecutors, DOJ trial attorneys, and the agents who brought this man to justice. Without their diligent effort, these ugly abuses may never have come to light and this defendant would not have been held accountable. An abuse of power is an abuse of our system, and such abuses will not be tolerated in this district.”
“When correctional officers fail to uphold their oath of office and the rights of those they are sworn to protect, it undermines the criminal justice system as a whole,” said Christopher Freeze, Special Agent in Charge of the FBI in Mississippi. “This sentencing should send a clear message that the FBI takes these allegations seriously, and that civil rights investigations remain a top priority for the FBI.”
This case was investigated by the FBI’s Jackson, Mississippi Field Office. Trial Attorney Julia Gegenheimer of the Department of Justice Civil Rights Division and Assistant U.S. Attorney Glenda Haynes of Southern District of Mississippi prosecuted the case.
Elyria man indicted on child pornography chargesRead the Press Release
An Elyria man was indicted on child pornography charges.
Brian Louk, 58, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct.
Louk knowingly received and distributed numerous computer files which contained visual depictions of real minors engaged in sexually explicit conduct. This took place between August 6 through December 10, 2018, according to the indictment.
The indictment also charges that on or about January 18, 2019, Louk possessed a computer that contained child pornography.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant U.S. Attorney Carol M. Skutnik following an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Dominican National Sentenced for Federal Drug ConspiracyRead the Press Release
BOSTON – A Dominican national was sentenced yesterday in federal court in Worcester for his role in a cocaine conspiracy.
Ricardo Ortega Vasquez, 42, a Dominican national residing in New York City, was sentenced by U.S. District Court Judge Timothy S. Hillman to time-served (approximately 22 months) and three years of supervised release. Ortega Vasquez will be subject to deportation proceedings. In March 2018, Ortega Vasquez pleaded guilty to one count of conspiring to distribute cocaine and to possess cocaine with the intent to distribute. Ortega Vasquez and four co-defendants, Vito Nuzzolilo and Kristin Little, both of Worcester; and Thomas Walker and Melissa Rock, both of Pemaquid, Maine, were indicted in July 2017.
According to court documents, Nuzzolilo ordered sizable quantities of heroin and cocaine from a New York-based supplier, and Ortega Vasquez transported cocaine from New York City to Nuzzolilo on behalf of the New York-based source of supply. On May 7, 2017, law enforcement seized more than a quarter-kilogram of cocaine from Ortega Vasquez in Worcester, shortly after Ortega Vasquez had taken a bus from New York City to Worcester.
In November 2017, Danielle Lloyd, 44, of Worcester, pleaded guilty to her role in this conspiracy and admitted to facilitating the shipment of heroin and cocaine from New York to Worcester on May 7, 2017, and another on April 25, 2017. Lloyd was sentenced by Judge Hillman on March 21, 2018, to time-served.
In November 2018, Walker was sentenced to 30 months in prison; in September 2018, Rock was sentenced to one year and one day in prison; and in June 2018, Little was sentenced to 30 months in prison. Nuzzolilo has pleaded not guilty and is awaiting trial.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Massachusetts Attorney General Maura Healey made the announcement today. Assistant U.S. Attorney Bill Abely of Lelling’s Criminal Division prosecuted the case.
The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dominican National Charged with Identity TheftRead the Press Release
Boston – A Dominican national residing in Boston was indicted yesterday in federal court in Boston on charges including identity theft.
Altagracia Baez Guerrero, 26, was indicted on one count of false representation of a Social Security number and one count of aggravated identity theft. Baez Guerrero has been in federal immigration custody since Feb. 11, 2019.
According to the indictment, on March 14, 2016, Baez Guerrero falsely represented that a Social Security number was hers in an application for a learner’s permit at the Massachusetts Registry of Motor Vehicles.
The charging statute for false representation of a Social Security number 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. The charging statute for aggravated identity theft provides for a mandatory sentence of two years in prison, to be served consecutive to any other sentence imposed, up to one year of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement today. Assistant U.S. Attorney Sandra S. Bower of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
District Man Sentenced to Five Years in Prison for Sexually Abusing 12-Year-Old ChildRead the Press Release
WASHINGTON – A 32-year-old man, of Washington, D.C., was sentenced today to a five-year prison term for sexually abusing his 12-year-old daughter, U.S. Attorney Jessie K. Liu announced.
The man, who is not identified here to protect the privacy of the victim, pled guilty in November 2018, in the Superior Court of the District of Columbia, to a charge of second-degree child sexual abuse. The plea, which was contingent upon the Court’s approval, called for an agreed-upon five-year prison term. The Honorable Danya A. Dayson accepted the plea and sentenced the defendant accordingly. Following his prison term, the man will be required to register for 10 years as a sex offender and also complete five years of supervised release.
According to the government’s evidence, on Sept. 15, 2018, the victim was staying with her father at her uncle’s house. The victim was asleep on the bed with her brother. The defendant lay down behind her and sexually assaulted her. The victim “froze” while this was happening and tried to think of words to make it stop. She told the defendant to move, and she got off the bed and grabbed her phone and walked to the bathroom to call her mother. The defendant told her not to call her mother, but she called her and reported the abuse. The victim then called 911.
The defendant was arrested the same day and has been in custody ever since.
In announcing the sentence, U.S. Attorney Liu commended the work of those who investigated the case from the Metropolitan Police Department’s Youth and Family Services Division. She also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences, the Children’s Advocacy Center, and Children’s National Medical Center. She acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Supervisor Dr. Lorraine Chase, Victim/Witness Advocates Tracey Hawkins and Tracy Owusu, Paralegal Specialist Brenda Williams, and Assistant U.S. Attorney Elana Suttenberg, who investigated and prosecuted the case.
Danville Man Convicted in Spree of Seven Armed Robberies Throughout VirginiaRead the Press Release
Lynchburg, VIRGINIA – A Danville man was convicted yesterday following a three-day jury trial of committing seven robberies and other charges related to numerous armed robberies of businesses in Danville, Bedford and Rocky Mount, Virginia and in Prospect Hill, North Carolina. United States Attorney Thomas T. Cullen made the announcement today as part of the Western District of Virginia’s ongoing Project Safe Neighborhoods (PSN) initiative to reduce violent crime.
A jury sitting in U.S. District Court in Lynchburg convicted Justin Lee Stallings, 33, yesterday of six counts of Hobbs Act robbery, one count of conspiracy to commit Hobbs Act Robbery, six counts of using a firearm in commission of a Hobbs Act robbery, and one count of being a convicted felon illegally in possession of a firearm.
“We are committed to working with our federal, state, and local partners to prosecute those who commit acts of violence in our communities,” U.S. Attorney Cullen stated. “Individuals, like Mr. Stallings, who unlawfully possess firearms and who use firearms to commit other violent acts, face very lengthy terms in federal prison. I am grateful for the leadership of the FBI in our PSN and anti-violence initiatives in the Southside and greater-Roanoke regions, as well as for the hard work of our local law-enforcement partners.”
“Residents of Danville, the Commonwealth of Virginia, and the State of North Carolina, are safer today as a result of Mr. Stallings' federal trial conviction in the Western District of Virginia. This successful investigation represents a collaborative effort by a team of dedicated federal and local law enforcement professionals working in concert under the PSN initiative,” said Thomas M. Chadwick, Acting Special Agent in Charge of the FBI’s Richmond Division. “The FBI is fully committed to the U.S. Attorney's Office PSN mission and will continue to work closely with our state, local, and federal partners to use legal process to remove violent offenders such as Mr. Stallings from our communities.”
Evidence presented at trial proved that Stallings committed seven robberies between December of 2016 and February of 2017. Specifically, Stallings used a firearm to commit robberies at each of the following businesses while engaged in interstate commerce:
- Dollar General located on South Main Street in Danville, Va., on December 8, 2016;
- Dollar General located on Westover Drive in Danville, Va. on January 8, 2017;
- KFC located on Memorial Drive in Danville, Va., on January 11, 2017;
- Charles’s Stop N Shop located on Westover Drive in Danville, Va., on January 20, 2017;
- Dollar General located in Caswell County, North Carolina, on January 25, 2017;
- Dollar General located on Blue Ridge Avenue in Bedford, Va., on February 5, 2017;
- Dollar General located on Pell Avenue in Rocky Mount, Va., on February 6, 2017.
During each robbery, Stallings brandished a firearm, pointing it at the employees of the various businesses, and demanding cash and/or other goods from the cash register or store safe.
The investigation of the case was conducted by the Federal Bureau of Investigation, the Danville Police Department, the Pittsylvania County Sheriff’s Office, the Caswell County (N.C.) Sheriff’s Office, the Bedford Police Department, the Rocky Mount Police Department and the Office of the Commonwealth’s Attorney for Bedford County. Assistant United States Attorneys Christopher Kavanaugh and Rachel Swartz prosecuted the case for the United States.
This case was brought as part of PSN the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Dallas City Council Member Carolyn Davis Pleads Guilty to Accepting BribesRead the Press Release
Friday morning, four-term Dallas City Council Member Carolyn Davis pleaded guilty to accepting more than $40,000 in bribes, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
According to plea papers, Council Member Davis actively sought these bribes from a real estate developer who stood to benefit from her support of his low-income housing project.
In return for the money – plus the offer of a consulting contract once her tenure at the City Council concluded – Council Member Davis admits she lobbied and voted for the authorization of a $2.5 million development loan to fund the Royal Crest housing project, along with a City of Dallas resolution supporting 9 percent tax credits for Royal Crest, which was competing with another project. She also wielded her considerable influence as Chair of the Dallas Housing Committee in Royal Crest’s favor while advocating for the project with Dallas housing officials.
“Over the course of my 15-month tenure here at the U.S. Attorney’s Office, our team has been relentlessly dedicated to rooting out public corruption,” said U.S Attorney Nealy Cox. “I hope this case sends a message to public officials across our districts: When you prioritize your own financial interests ahead of your duty to you constituents, we will dig as deep as we have to in order to uncover the scheme. And we will bring you to justice.”
“As FBI Dallas continues to proactively investigate Public Officials who misuse their positions of trust, our investigative efforts will be just as focused on those who seek to use their personal wealth, influence, or facilitate relationships between those willing to pay or accept bribes,” said Eric K. Jackson, Special Agent in Charge of the FBI’s Dallas Division. “All of these actions continue to erode the public’s trust and do harm to the communities they were elected to serve.”
An Indictment charging the bribe payer, Ruel Hamilton, a principal with AmeriSouth Realty Group, was unsealed this morning as well.
According to the charging document, Mr. Hamilton allegedly paid out about a quarter of Council Member Davis’ bribe money – around $11,000 – in cash, often immediately after he withdrew the money from his bank account. The remaining 75 percent – roughly $29,500 – was funneled through a not-for-profit intermediary.
In an attempt to disguise the payments, Mr. Hamilton allegedly made out checks to the owner of the not-for-profit, then handed the checks to Council Member Davis, who delivered them to the not-for-profit owner; the owner then deposited or cashed these checks and gave the majority of the proceeds back to Council Member Davis. Not surprisingly, Council Member Davis did not disclose any of these payments to the City Council, or to the Housing Committee, or on her financial disclosure report.
According to the Indictment, Mr. Hamilton also bribed another public official, referred to in the documents as Council Person A, in August 2018. In return for Council Person A’s assistance in getting a referendum on the Council’s agenda and promoting another housing project, Mr. Hamilton wrote a $7,000 check to Council Person A to cover his personal needs.
Neither Council Member Davis nor Council Person A are currently serving in official capacities. Council Member Davis left office in 2016, and Council Person A’s tenure on the City Council ended August 9, 2018.
An indictment is merely an allegation of wrongdoing, not evidence. Mr. Hamilton is considered innocent until proven guilty in a court of law. If convicted, Mr. Hamilton faces up to 20 years in federal prison for two counts of bribery concerning a local government receiving federal benefits. Council Member Davis faces up to 5 years in federal prison on the charge to which she pleaded guilty, conspiracy to commit bribery concerning an agent of a local government receiving federal benefits.
The Federal Bureau of Investigation conducted the investigation with assistance from the Internal Revenue Service - Criminal Investigations. Assistant U.S. Attorneys Marcus Busch, Andrew Wirmani, and Chad Meacham prosecuted the case.
Crew Who Allegedly Robbed Eight Inland Empire AutoZone Stores Indicted on Federal Conspiracy, Robbery and Firearms ChargesRead the Press Release
RIVERSIDE, California – A federal grand jury today returned a 13-count indictment today against two men and a woman from Moreno Valley who allegedly committed at least eight armed robberies at AutoZone stores in the Inland Empire and made off with more than $11,000 in cash.
Daeon Raishawn Cox, 20; Dashon Raymond White, 24; and Jada Shardae Allen, 18, were charged with conspiracy to interfere with commerce by robbery. Cox and White are in local custody and are expected to be turned over to federal law enforcement officials on Monday. Allen, who was turned over to federal authorities on February 25 pursuant to a criminal complaint previously filed in this case, was freed on a $40,000 bond, and her arraignment is scheduled for March 13.
According to the indictment, over the course of three months late last year, Cox – who was alternately aided by White, Allen and an unindicted juvenile – robbed AutoZone stores in Riverside, San Bernardino, Grand Terrace, Redlands, Hemet and Fontana. Typically, the robbers entered the AutoZone stores at night, wearing black hoodies, black pants, gloves and with their faces covered by bandanas, according to the affidavit in support of the criminal complaint. The robbers allegedly pointed guns at AutoZone employees and forced them to hand over money from the cash register or from the store safe. The robberies netted the defendants around $1,000 per incident, the affidavit states.
The defendants were caught after an attempted robbery on December 12 was interrupted by Fontana police, who had been conducting surveillance at an AutoZone store in that city. A Fontana police officer witnessed Cox and White exit White’s gray Saturn SUV while Allen was seated in the back of the vehicle, according to the affidavit. Cox and White allegedly approached the AutoZone wearing black hooded sweatshirts and masks on their faces, while Cox carried an AR-15-type rifle and handed it to White. After the police officer identified himself, the defendants fled the scene, driving away in White’s SUV at a high rate of speed, court papers state. During the pursuit, the rifle was thrown from the SUV’s front passenger window onto the I-15 and I-210 freeway interchange. The car chase ended when White’s SUV crashed in Rancho Cucamonga and the defendants fled on foot. Cox was caught while hiding in a nearby garbage can, while White and Allen were arrested the next day at their residences, the affidavit states. Fontana police later recovered the rifle – which was loaded with eight rounds – from the shoulder of the freeway, court papers said.
In addition to the conspiracy count, Cox was charged with six substantive counts of interfering with commerce by robbery and six counts of using a firearm in furtherance of a violent crime. White also faces two robbery counts and two firearms counts, while Allen also was charged with one count of robbery and one firearm count.
If convicted, each defendants would face a statutory maximum sentence of 20 years in federal prison for each of the robbery-related charges, as well as a mandatory seven-year consecutive sentence for the firearms offenses.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was investigated by the Federal Bureau of Investigation, the Fontana Police Department, the San Bernardino County Sheriff’s Department, the Riverside Police Department, the Hemet Police Department, the Redlands Police Department, the Moreno Valley Police Department, the Riverside County District Attorney’s Office and the San Bernardino County District Attorney’s Office.
This case is being prosecuted by Assistant United States Attorney Jerry Yang of the Riverside Branch Office.
Convicted Felon Found Guilty of Making False Statements on Federal Background Check Form and for Illegally Possessing FirearmsRead the Press Release
Memphis, TN –A convicted felon has been found guilty by a federal jury for making false statements on federal background check form ATF 4473 and for illegally possessing firearms. U.S. Attorney D. Michael Dunavant announced the guilty verdict today.
According to information presented in court, on April 8, 2008, Tyrone Todd was convicted of felony burglary of a dwelling in Tate County, MS. On July 11, 2016, Todd went to the AA pawnshop to buy a firearm. The AA pawnshop is a federal firearms licensee, which requires purchasers to complete a federal background check form prior to purchasing a firearm. In this case, Todd filled out the ATF Form 4473, indicating he was not a convicted felon and was therefore not prohibited from possessing a firearm. The firearm was later transferred to the defendant on July 30, 2016.
On June 8, 2018, Shelby County Sheriff Deputies responded to Todd’s home on an aggravated assault call after he violently assaulted his girlfriend. The defendant fled the scene when officers responded. Deputies searched the home and found his Smith & Wesson .40 caliber pistol under his bed.
The defendant was indicted for making a false statement on the ATF Form 4473 and with two counts of being a felon in possession of a firearm. On February 28, 2019, a federal jury convicted Todd on all three counts.
U.S. Attorney D. Michael Dunavant said, "Prosecutions of violent crimes must be paired with proactive prevention efforts to keep guns out of the hands of criminals and other prohibited persons. Convicted felons who attempt to thwart the background check process by lying on the required ATF forms threaten to undermine this important crime prevention tool, and such conduct cannot be tolerated. As part of our violence reduction strategy, we want to take guns out of the hands of dangerous people, and take violent offenders off our streets. Let this serve as a warning: This office will vigorously prosecute any prohibited persons who illegally obtain a firearm in these "lie-and-try" cases.
Sentencing is set for May 30, 2019 before U.S. District Court Judge John T. Fowlkes Jr. At that time, the United States anticipates presenting additional evidence regarding the assault the defendant committed against his then girlfriend on June 8, 2018. Todd faces up to 10 years imprisonment; a $250,000 fine and three years supervised release.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Shelby County Sheriff’s Office.
Assistant U.S. Attorneys J. William Crow and Karen Hartridge are prosecuting this case on the government’s behalf.
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Congolese National with Rape Conviction from the United Kingdom Charged with Asylum FraudRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, Peter C. Fitzhugh, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Boston, and Roberto Quiroga, Resident Agent in Charge, U.S. Department of State’s Diplomatic Security Service, Bridgeport Resident Office, today announced that a federal grand jury in New Haven has returned an indictment charging KASEBA KATAMBWA, a.k.a. “Patrick Ndaya Katambwa,” “Katambwa Patrick Ndaya,” and “Patrick Katambwa Ndaya,” 50, with one count of making a false statement in an immigration document.
The indictment alleges that, in April 2018, Katambwa stated in an asylum application that his name was “Patrick Ndaya Katambwa,” “Katambwa Patrick Ndaya,” and “Patrick Katambwa Ndaya,” with a specific date of birth; that he had resided in the Democratic Republic of Congo (“DRC”) from February 1969 to January 2018; and that he had been arrested, convicted and sentenced, or imprisoned solely in the DRC, and not in any country other than the U.S. These statements were false. In addition to failing to state his true name and date of birth, Katambwa failed to state that he had resided in the United Kingdom for multiple years between February 1969 and January 2018, and that, under the name of Kaseba Katambwa, he had been previously convicted, sentenced, and imprisoned in the U.K. for rape, entering into an arrangement to facilitate the acquisition or use of criminal property, and dishonestly retaining a wrongful credit.
Katambwa, who was residing in Bridgeport, has been detained since his arrest on a federal criminal complaint on February 1, 2019. The indictment was returned on February 13, 2019. Katambwa appeared yesterday before U.S Magistrate Judge Robert A. Richardson in Hartford and entered a plea of not guilty to the charge.
If convicted of the charge, Katambwa faces a maximum term of imprisonment of 10 years.
U.S. Attorney Durham stressed that an indictment is only a charge and is not evidence of guilt. Charges are only allegations and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), and U.S. Department of State’s Diplomatic Security Service. This case is being prosecuted by Assistant U.S. Attorney Hal Chen.
Colombian National Pleads Guilty to Illegal Reentry and Immigration FraudRead the Press Release
BOSTON – A Colombian national pleaded guilty today in federal court in Boston to illegally reentering the United States after deportation and to immigration document fraud.
Guillermo Pineda Suarez, 57, pleaded guilty to one count of illegal reentry of a deported alien, one count of possession and use of a false immigration document, and one count of false statements in an immigration document. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for March 26, 2019. Pineda Suarez is currently in state custody awaiting trial on unrelated charges.
On May 22, 2014, Pineda Suarez made a false statement under oath in a United States Citizenship and Immigration Services Form I-9 Employment Eligibility Verification Form and used a counterfeit U.S. Permanent Resident Card in order to obtain employment. On March 15, 2018, Pineda Suarez was encountered by law enforcement in Boston and determined to be unlawfully present in the United States. Pineda Suarez was previously deported on Nov. 9, 2001, after a conviction for a drug trafficking crime.
The illegal reentry charge provides for a sentence of up to 20 years in prison, three years of supervised release, and a fine of up to $250,000. The remaining charges each provide for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. Pineda Suarez will be subject to deportation upon completion of any sentence imposed. 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; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; and Todd M. Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Elianna J. Nuzum of Lelling’s Major Crimes Unit is prosecuting the case.
Charleston Woman Pleads Guilty to Federal Drug ChargeRead the Press Release
CHARLESTON, W.Va. – A Charleston woman pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Bree Eberbaugh, 28, pled guilty to one count of possession with intent to distribute fentanyl.
“According to data from the West Virginia Health Statistics Center, there have been 1,486 synthetic opioid-related overdose deaths among West Virginia residents from 2013-2017,” said United States Attorney Mike Stuart. “That’s why I am committed to prosecuting every case involving the illegal distribution of synthetic opioids. I will do everything within my power to save the lives of fellow West Virginians.”
Eberbaugh admitted that on August 28, 2017, her apartment was raided pursuant to a search warrant. During the search, over 50 grams of fentanyl was discovered. Eberbaugh stated that she believed she was selling heroin, but forensic analysts determined the substance to be fentanyl. Eberbaugh admitted that she helped arrange sales for the fentanyl and acknowledged that some fentanyl had been sold just prior to the search warrant. Eberbaugh also admitted that she had assisted another individual with selling and distributing fentanyl.
Eberbaugh faces a maximum of 20 years in federal prison when she is sentenced on July 1, 2019.
MDENT conducted the investigation. The plea hearing was held before United States District Judge David A. Faber. Assistant United States Attorney L. Alexander Hamner is handling the prosecution.
This case is being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
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###Charleston Man Sentenced to Prison for Federal Firearms CrimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced to 30 months in prison for a federal firearms crime, announced United States Attorney Michael B. Stuart. Michael Matthew Phillips, age 31, was convicted of possessing a firearm by a prohibited person in September of last year following a two-day jury trial. Senior District Court Judge David A. Faber presided over the trial and sentencing hearing.
“Another convicted felon with a gun,” said United States Attorney Mike Stuart. “We have prosecuted an outrageous number of these cases during the past year, and they just keep coming. And we’ll just keep prosecuting them.”
On January 24, 2017, Phillips was supposed to sell heroin and a firearm to a confidential informant. Phillips didn't bring heroin to the meeting because he was concerned that there were police officers in the area. However, Phillips took the confidential informant to an area where a 9mm handgun was hidden and sold the gun for $140. Phillips was a convicted felon and prohibited from possessing firearms.
The Kanawha County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated the case. Assistant United States Attorney R. Gregory McVey handled the prosecution.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Charleston Man Sentenced for Federal Firearms CrimeRead the Press Release
CHARLESTON, W.Va. -- A Charleston, West Virginia man received a four year sentence for a federal firearms charge, announced United States Attorney Mike Stuart. Steven Belcher, 46, previously entered a guilty plea on May 23, 2018 to being a prohibited person in possession of a firearm. Stuart praised the work of the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). After he discharges his sentence, Mr. Belcher will be placed on supervised release for three years. Mr. Belcher further agreed to abandon any interest in the recovered firearms as a term of his guilty plea.
“Another prohibited person with a gun,” said United States Attorney Mike Stuart. “As a result of his previous federal convictions in 1998, Belcher was sentenced to 54 months in federal prison. Now he’s going back for another four years.”
On August 21, 2017, Mr. Belcher was found by the Charleston Police Department in possession of a 9 mm Lorcin pistol and five rounds of ammunition. Mr. Belcher was a prohibited person due to his prior federal felony convictions of conspiring to deliver cocaine base and conspiring to possess a fully automatic machine gun. Both federal felony convictions stemmed from Mr. Belcher’s guilty verdict following a jury trial on July 22, 1998. On November 24, 1998, Mr. Belcher was sentenced to fifty-four months in federal prison. Mr. Belcher’s prior felony convictions make him ineligible to possess either a firearm or the ammunition for a firearm. ATF traced Mr. Belcher’s Lorcin 9mm gun, revealing that it had traveled in interstate commerce and giving the federal government jurisdiction over this crime. In an unrelated incident, Mr. Belcher also admitted to possessing a 12 gauge Winchester shotgun on October 4, 2017. This particular shotgun was further modified to have an illegal barrel length of less than 18 inches (commonly called a “sawed-off shotgun”). This shotgun also traveled in interstate commerce, giving the federal government jurisdiction to prosecute this firearm crime as well. Finally, Mr. Belcher was caught in February 14, 2018 illegally possessing ammunition—specifically four 20 gauge shotgun shells.
Assistant United States Attorney Erik S. Goes prosecuted the case. The hearing was conducted before Senior United States District Judge David A. Faber.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Charleston Man Sentenced for Drug and Gun CrimesRead the Press Release
CHARLESTON, W.Va. – A Charleston man, who previously pled guilty to drug and gun charges, was sentenced today to 120 months in prison, announced United States Attorney Mike Stuart. In September 2018, Shawn Gilmore, 49, pled guilty to all four counts of an indictment charging him with two counts of possession with intent to deliver heroin, possession of firearms in furtherance of a drug trafficking crime and being a felon in possession of firearms. Stuart commended the investigation conducted by the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“10 years. 10 years in federal prison,” said United States Attorney Mike Stuart. “Gilmore had an extensive criminal history. He had guns. He was selling fentanyl laced heroin. Not the type of element we want to promote a thriving West Side community. We are working hard with our law enforcement partners to rid the West Side of people like Gilmore.”
Gilmore admitted that on March 8, 2018, he met an informant on Charleston’s west side to sell him heroin. An officer with Charleston Police Department stopped Gilmore and seized ½ gram of heroin he intended to sell to the informant. Officers searched Gilmore’s residence in Charleston and recovered over 100 grams of heroin and two loaded handguns. Gilmore has two prior felony convictions.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Canton Man Charged as Part of Largest Ponzi Scheme in Mississippi HistoryRead the Press Release
Jackson, Miss. – William B. McHenry, 71, of Canton, has been indicted by a federal grand jury for his role in a multi-million dollar Ponzi scheme that adversely affected hundreds of victims across multiple states over a number of years, announced U.S. Attorney Mike Hurst and Special Agent in Charge Christopher Freeze with the Federal Bureau of Investigation in Mississippi.
McHenry appeared before U.S. Magistrate Judge Linda R. Anderson today for his initial appearance and arraignment on the Indictment. The case is currently scheduled for trial on April 15, 2019, before U.S. District Judge Carlton W. Reeves in Jackson.
"Those who prey upon and steal from others will soon find themselves on the wrong side of the law. We will continue to investigate this massive scheme wherever the evidence may take us and will vigorously pursue and bring to justice any other wrongdoers who were involved," said U.S. Attorney Hurst.
McHenry is charged with one count of securities fraud and two counts of wire fraud involving a scheme to defraud investors, all in connection with a Ponzi scheme using Madison Timber Properties, LLC, a company wholly owned by Arthur Lamar Adams. Adams has previously been convicted and sentenced for his role in the Ponzi scheme.
As charged in the Indictment, beginning as early as 2008 and continuing through April 2018, McHenry assisted in a scheme to defraud investors by soliciting millions of dollars of funds for Adams under false pretenses, failing to use the investors’ funds as promised, and converting investors’ funds to McHenry’s and Adams’s own benefit without the knowledge of the investors. Instead of investing McHenry’s clients’ money, Adams used the invested funds for
his own personal benefit and for purposes other than those represented to investors, which also included making payments due and owing to other investors, thus perpetuating the Ponzi scheme. During the fraudulent scheme, McHenry recruited investors, and fraudulently obtained well in excess of $18,000,000 from more than 25 investors located in multiple states.
As alleged in the Indictment, as part of the fraudulent scheme, McHenry falsely represented to investors that Madison Timber Properties was in the business of buying timber rights from landowners and then selling the timber rights to lumber mills at a higher price. The object of the scheme was to cause individuals to invest in loans that purportedly were for the purpose of financing contracts for the purchase of timber rights to be sold to lumber mills at a higher price. However, neither McHenry, Adams nor Madison Timber Properties had such timber rights or contracts with lumber mills, except in only a few instances.
McHenry and Adams entered into fraudulent investment contracts with investors, most often in the form of promissory notes on behalf of Madison Timber Properties. The loans typically guaranteed investors an interest rate of 12-13%, with the interest to be repaid to investors over the course of 12-13 months. The monthly payments due on these promissory notes were typically due on either the first or the fifteenth of the month.
McHenry and Adams created false documents causing investors to believe that their investments were secured by sufficient collateral from which they could recover all or part of their investment in the event that Madison Timber Properties defaulted on the loans. Specifically, Adams created false timber deeds purporting to be contracts conveying timber rights from landowners to Madison Timber Properties. Adams forged the signatures of landowners and also created false timber deeds purporting to convey timber rights from Madison Timber Properties to the investors.
To further lull investors, Adams had many of the documents notarized to make the investments appear legitimate. McHenry and Adams also required the investors to agree not to record their timber deeds unless Madison Timber Properties defaulted on the loan agreement by failing to make a payment.
McHenry misled his investors to think that McHenry was a principal officer of Madison Timber Properties and was personally invested with his own funds in the enterprise. Instead, McHenry in fact only received a ten percent commission on all the investments he recruited, which McHenry failed to disclose.
Following the 2018 criminal prosecution of Arthur Lamar Adams, the United States District Court appointed a receiver, who is actively seeking to recover and maximize assets for restitution to investor victims. Information regarding the Receiver’s activities can be found at the receiver’s website, madisontimberreceiver.com.
The case is being investigated by the Federal Bureau of Investigation and the Securities and Exchange Commission. The criminal case is being prosecuted by Assistant United States Attorney Theodore Cooperstein.
The public is reminded that an indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent unless and until proven guilty in a court of law.
Canton Man Arrested for Armed RobberyRead the Press Release
BOSTON – A Canton man was arrested yesterday and charged in federal court in Boston in connection with multiple armed robberies in Canton and Mattapan.
Jerron Perry, 27, was charged with interference with commerce by robbery and being a felon in possession of ammunition. Perry appeared in federal court in Boston yesterday and was remanded into custody pending a probable cause and detention hearing set for March 7, 2019.
According to the charging documents, on Sept. 22, 2018, Perry, wearing a mask, pointed a semi-automatic pistol at the store clerk of a Metro PCS store in Mattapan and demanded money from the register; he left the store with approximately $607. Perry is alleged to have robbed that same store again in the same manner on Oct. 25, 2018, stealing $359. It is further alleged that Perry committed a similar armed robbery at a convenience store in Canton on Oct. 31, 2018, stealing an unknown amount of cash.
A search of Perry’s residence on Feb. 28, 2019, resulted in the discovery of clothing that matched the suspect’s clothes and two shell casings. Due to a 2013 conviction for assault and battery by means of a dangerous weapon, Perry is prohibited from possessing ammunition.
The charge of interference with commerce by robbery provides for a sentence of no greater than 20 years in prison, five years of supervised release, and a fine of up to $ 250,000. The charge of being a felon in possession of ammunition provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation; Boston Police Commissioner William G. Gross; and Canton Police Chief Kenneth Berkowitz made the announcement. Assistant U.S. Attorney Theodore Merritt of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
California Man, Courier for Mexico-based Drug Trafficking Organization, Sentenced to Imprisonment for Fourteen YearsRead the Press Release
United States Attorney Joe Kelly announced that on March 1, 2019, United States District Judge Robert F. Rossiter, Jr. sentenced John F. Haller III to a term of imprisonment of 168 months, to be served in the U.S. Bureau of Prisons. Haller, 51, of Riverside, California, pleaded guilty to conspiracy to distribute and possess with intent to distribute methamphetamine.
In July of 2017, Haller delivered approximately 50 pounds of methamphetamine on behalf of a Mexico-based drug trafficking organization to another defendant at a gas station in Gretna, Nebraska. The methamphetamine was intended for distribution in the Omaha/Council Bluffs metropolitan area. One month later, in August of 2017, a Summit County, Utah, Sheriff’s Deputy stopped a pickup truck heading east toward Omaha on Interstate 15. Haller was a passenger in the truck. Officers searched the vehicle and recovered a garbage bag containing approximately 10 pounds of methamphetamine. At the time of the traffic stop, Haller claimed the methamphetamine and admitted he made additional trips and deliveries on behalf of the organization.
Haller was indicted federally in Utah and in Nebraska, but the Utah case was transferred to the District of Nebraska for disposition.
The case was primarily investigated by the Omaha Field Division of the Drug Enforcement Administration and the Internal Revenue Service, Criminal Investigations.
Brandon Wilson, Member of Violent West Baltimore Gang, Sentenced to 25 Years in Prison for Federal Racketeering and Drug Conspiracies, and Gun ChargesRead the Press Release
FOR IMMEDIATE RELEASE Contact MARCIA MURPHY
www.justice.gov/usao/md at (410) 209-4854
Baltimore, Maryland – U.S. District Judge Catherine C. Blake today sentenced Brandon Wilson, a/k/a Ali, age 24, of Baltimore, Maryland, to 25 years in prison, followed by five years of supervised release, for conspiring to participate in a drug distribution conspiracy and a violent racketeering enterprise known as Trained To Go (TTG). The racketeering conspiracy included eight murders, as well as drug trafficking and witness intimidation. Wilson and his co-defendants were also convicted of a drug distribution conspiracy involving heroin, marijuana, and cocaine. Wilson was convicted of possession of a firearm in furtherance of a drug trafficking crime and of being a felon in possession of a firearm. The firearm was linked to a murder which occurred the day before the gun was found in Wilson’s home. A federal jury convicted Wilson and seven co-defendants on October 31, 2018.
The sentencing was announced by United States Attorney for the District of Maryland Robert K. Hur; Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division; Acting Special Agent in Charge Jennifer L. Moore of the Federal Bureau of Investigation, Baltimore Field Office; Acting Commissioner Michael Harrison of the Baltimore Police Department; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration, Baltimore District Office; Anne Arundel County Police Chief Tim Altomare; and Baltimore City State’s Attorney Marilyn J. Mosby.
According to the evidence presented at their 24-day trial, Wilson and his co-defendants are all members of TTG, a criminal organization that operated in the Sandtown neighborhood of West Baltimore, whose members engaged in drug distribution and acts of violence including murder, armed robbery, and witness intimidation. As part of the conspiracy, each defendant agreed that a conspirator would commit at least two acts of racketeering activity for TTG.
The evidence at trial showed that members and associates of TTG sold heroin, cocaine, and marijuana, and worked to defend their exclusive right to control who sold narcotics in TTG territory. Specifically, the evidence proved that between May 20, 2010 and January 9, 2017, Wilson, his co-defendants, and other members of TTG committed acts of violence, including eight murders, shootings, armed robbery, and witness intimidation. Murders were committed in retaliation for individuals robbing TTG members of drugs and drug proceeds, or while TTG members robbed others of their drugs and drug proceeds, as well as in murder-for-hire schemes. A gun recovered during a search of Wilson’s residence on January 10, 2017, was determined to have been used in a murder on January 9, 2017. Further, the defendants engaged in witness intimidation through violence or threats of violence, to prevent individuals from cooperating with law enforcement.
The leader of the gang, Montana Barronette, a/k/a Tana, and Tanner, age 23, of Baltimore, was sentenced to life in federal prison on February 15, 2019.
The remaining defendants convicted at the trial are all from Baltimore, and face a maximum sentence of life in federal prison on the racketeering and drug conspiracies. They include:
Terrell Sivells, a/k/a Rell, age 27; John Harrison, a/k/a Binkie, age 28; Taurus Tillman, a/k/a Tash, age 29; Linton Broughton, a/k/a Marty, age 25; Dennis Pulley, a/k/a Denmo, age 31; and Timothy Floyd, a/k/a Tim Rod, age 28.
The defendants remain detained.
Three other TTG members previously pleaded guilty and were sentenced to between five and 25 years in prison. Another defendant, Roger Taylor, a/k/a Milk, is a fugitive.
The investigation was conducted by the FBI Baltimore Safe Streets Violent Gang Task Force, which includes FBI special agents and task force officers from the Baltimore, Baltimore County, and Anne Arundel County Police Departments. The FBI Baltimore Safe Streets Violent Gang Task Force is responsible for identifying and targeting the most violent gangs in the Baltimore metropolitan area, to address gang violence and the associated homicides in Baltimore. The vision of the program is to use federal racketeering statutes to disrupt and dismantle significant violent criminal threats and criminal enterprises affecting the safety and well-being of our citizens and our communities.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of 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 the local community to develop effective, locally based strategies to reduce violent crime.
Wilson is still facing charges for allegedly assaulting employees of the U.S. Marshals Service (USMS) while he was detained and being transported to and from the courtroom during their trial. The indictment alleges that on October 31, 2018, Wilson assaulted two Maryland Department of Correction officers in the Chesapeake Detention Facility as they attempted to search Wilson prior to his being transported to U.S. District Court for the continuation of his trial. If convicted of the assault charges, Wilson faces a maximum sentence of eight years in federal prison. An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings. The U.S. Marshals Service is investigating the case.
United States Attorney Robert K. Hur and Assistant Attorney General Brian A. Benczkowski commended the FBI, the Baltimore Police Department, the ATF, the DEA, the Anne Arundel County Police Department, and the Office of the State’s Attorney for Baltimore City for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Daniel C. Gardner, Christopher J. Romano, and Special Assistant U.S. Attorney John C. Hanley formerly of the Justice Department’s Organized Crime and Gang Section, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Brandon Man Sentenced to Seven Years in Prison Under Project EJECT for Illegally Possessing a FirearmRead the Press Release
Jackson, Miss. – Joel Wendell Beckham, 32, of Brandon, was sentenced yesterday by U.S. District Judge David C. Bramlette III to 84 months in federal prison, followed by three years of supervised release, for possession of a firearm by a convicted felon, announced U.S. Attorney Mike Hurst, FBI Special Agent in Charge Christopher Freeze, and U.S. Marshal Mark Shepherd. Beckham was also ordered to pay a $1,500 fine.
On January 4, 2018, members of the U.S. Marshal Service Gulf Coast Regional Fugitive Task Force executed an arrest warrant and apprehended Joel Wendell Beckham at a residence in Jackson on a felony warrant from the Rankin County Sheriff’s Department for failure to appear for a revocation hearing. Upon making entry, task force officers made contact with Beckham in the rear bedroom. A KAHR, .40 caliber, semi-automatic pistol and a clear plastic bag with methamphetamine was found under the desk where Beckham was standing. During an interview, Beckham admitted to possession of the weapon.
Beckham was previously convicted in the Circuit Court of Rankin County for the felony offense of conspiracy to transfer a controlled substance.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The case was investigated by the Federal Bureau of Investigation and the U.S. Marshal Service Gulf Coast Regional Fugitive Task Force. It was prosecuted by Assistant United States Attorney Keesha D. Middleton.
Belcourt Woman Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Belcourt, North Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Gloria Peltier, age 20, was indicted on January 23, 2019. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 28, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on December 18, 2018, Peltier was being held at the Lower Brule Detention Center and did forcibly assault, resist, impede, intimidate, and interfere with a corrections officer while they were engaged in the performance of their duties.
The charge is merely an accusation and Peltier is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Peltier was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Armed Career Criminal Sentenced to 188 Months in Prison for Illegally Possessing Firearms and DrugsRead the Press Release
Memphis, TN – A local man was sentenced as an armed career criminal for being a convicted felon in possession of a firearm and drugs. U.S. Attorney D. Michael Dunavant announced the sentence today.
According to information presented in court, on October 4, 2017, detectives with the Memphis Police Department Organized Crime Unit (OCU) obtained narcotics search warrants for both 656 North Dunlap and 4771 Winchester to search for marijuana in the possession of Marlon Pruitt a/k/a "Big Putt."
On October 5, officers executed the search warrant at the Dunlap address, waited for the defendant’s arrival, and immediately surrounded him. The officers knocked and announced their presence, and Pruitt's aunt answered the doorbell and told the officers that Pruitt lived upstairs. Upon searching the residence officers found multiple bags of marijuana weighing 70.9 grams, extra baggies and two digital scales. Pruitt also had $795 in his pocket. Inside an armoire, officers found some of the defendant's clothing together with a box of 20 gauge shotgun shells and a 20-gauge shotgun. The defendant admitted that all of the items belonged to him.
Law enforcement then executed the search warrant at the Winchester address and discovered 159.6 grams of marijuana in 53 separate bags in a desk drawer. Officers also found a digital scale and 25 live .45 caliber rounds.
At the time of these events, the defendant had previously been convicted of numerous felonies, including:
• Two counts of aggravated robbery on July 15, 1991
• Criminal attempt, to wit: murder first degree amended to aggravated assault on June 27, 1994
• Three counts of conspiracy to possess with the intent to distribute cocaine base on April 17, 1998, and
• Possession of a controlled substance with intent to manufacture/deliver/sell amended to solicitation: possession of a controlled substance with intent to distribute -0.5 grams of cocaine on October 22, 2012.
He had also been convicted of numerous misdemeanor offenses.
U.S. Attorney D. Michael Dunavant said, "Convicted felons who possess firearms are an inherent danger to community, and in this case, "Big Putt" was an armed career criminal who continued to possess firearms and sell illegal narcotics despite his prior felony conviction history. There is and ought to be a significant consequence for such recidivist criminal behavior, and this is one more armed drug dealer removed from our streets. Gun Crime is Max Time."
On February 28, 2019, U.S. District Court Judge Thomas L. Parker sentenced Pruitt to 188 months imprisonment followed by three years supervised release. Because of Pruitt's criminal history, he was sentenced as an Armed Career Criminal and faced a mandatory minimum sentence of 15 years (180 months) imprisonment.
This case is part of the Project Safe Neighborhoods Initiative (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. In 2017, PSN was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
This case was investigated by the Memphis Police Department Organized Crime Unit and the Project Safe Neighborhoods Task Force.
Assistant U.S. Attorneys J. William Crow and Raney Irwin prosecuted this case on behalf of the government.
Anne Arundel County Man Sentenced to 57 Months in Prison for Possession with Intent to Distribute FentanylRead the Press Release
FOR IMMEDIATE RELEASE Contact MARCIA MURPHY
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – U.S. District Judge George L. Russell, III sentenced Robert Luke Simpson, age 25, of Gambrills, Maryland, today to 57 months in prison, followed by three years of supervised release, for possession with intent to distribute 40 grams or more of fentanyl. As little as 2 milligrams of fentanyl can be a lethal dose. Simpson admitted that he sold at least 400 grams of fentanyl, or enough to kill 400,000 people.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Baltimore; Postal Inspector in Charge Peter R. Rendina of the U.S. Postal Inspection Service - Washington Division; and Anne Arundel County Police Chief Tim Altomare.
U.S. Attorney Robert K. Hur stated, “Drug traffickers are on notice that dealing in fentanyl increases their odds of federal prosecution. We’re also targeting drug dealers who buy fentanyl on the dark web and re-sell this poison to our citizens. Working together with our local, state, and federal partners, we are determined to reduce the number of opioid overdose deaths in Maryland.”
“Whenever someone uses the U.S. Mail to send anything that is illegal, counterfeit, or improper, Postal Inspectors will find them and bring them to justice,” said Peter Rendina, Inspector In Charge of the U.S. Postal Inspection Service, Washington Division. “We are committed to keeping the mail safe for our customers and our employees.”
According to his plea agreement, law enforcement executed a search warrant at Simpson’s residence on October 11, 2017, and found 6,200 fentanyl pills weighing approximately 369 grams, in a hidden compartment in a wall-mounted shelf and on a desk. Officers also found $8,578 in cash, as well as cell phones, computers, iPads, and Bitcoin cryptocurrency mining equipment. Simpson admitted that he purchased 10,000 fentanyl pills from a dark web marketplace for approximately $10,000 worth of Bitcoin cryptocurrency. Simpson sold the fentanyl pills for $5 to $10 each to customers in Maryland. Simpson admitted that he sold between 400 grams and 1.2 kilograms of fentanyl.
Judge Russell also ordered that Simpson must forfeit money, property, and/or assets derived from, or used to facilitate the commission of Simpson’s illegal activities, including the items seized during the search of his residence.
United States Attorney Robert K. Hur commended HSI Baltimore, the U.S. Postal Inspection Service, and the Anne Arundel County Police Department for their work in the investigation. Mr. Hur thanked Special Assistant U.S. Attorney Lauren M. Elfner and Assistant U.S. Attorney Burden Walker, who prosecuted the case.
Alabama Woman Sentenced to 46 Months in Prison for Stealing over $700,000 from Her Employer and Failing to Report Income on Her Tax ReturnsRead the Press Release
An Alabama woman was sentenced today to prison for embezzling from her employer and filing false tax returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Louis V. Franklin, Sr. for the Middle District of Alabama.
According to court documents, from February 2007 through May 2014, Alita Baker Edeker, a resident of Valley, Alabama, embezzled $700,000 of her employer’s funds by diverting payments from clients of the company to debit and credit cards she controlled. Edeker made false entries in the company’s books and records in order to conceal her embezzlement. After embezzling the funds, Edeker willfully filed false tax returns for tax years 2011, 2012, and 2013 that did not report the money.
In addition to the term of imprisonment imposed, Edeker was ordered to serve three years of supervised release and to pay restitution in the amounts of $819,497.29 to her employer and $101,604 to the Internal Revenue Service (IRS).
Principal Deputy Assistant Attorney General Zuckerman and United States Attorney Franklin commended special agents of IRS-Criminal Investigation, and the Auburn, Alabama Police Department, who investigated the case, and Assistant United States Attorney Ben Baxley and Trial Attorney Grace Albinson of the Tax Division, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Alabama Man Pretending to be College Softball Coach Sentenced to 15 Years in Prison for Attempting to Produce Child PornographyRead the Press Release
Jason Ford, a former teaching assistant and travel softball coach, was sentenced to 15 years in prison today after previously pleading guilty to attempting to produce child pornography.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Miami, Florida Field Office, Charles P. Spencer, Special Agent in Charge of the FBI Jacksonville, Florida Field Office, James E. Jewell, Special Agent in Charge of the FBI Mobile, Alabama Field Office, and Alphonso Norris, Special Agent in Charge of the FBI Columbia, South Carolina Field Office made the announcement.
Ford, 42, of Dothan, Alabama, was sentenced by U.S. District Judge Beth Bloom, in Fort Lauderdale, Florida (Case No. 18-cr-60117), to a total of 15 years in prison. He was also sentenced to serve 20 years of supervised release and must register as a sex offender.
According to the court docket, including the agreed upon factual proffer Ford was a teaching assistant and travel softball coach, working out of Dothan, Alabama. However, Ford falsely represented himself to be a University of North Florida and University of South Carolina softball coach, in order to have contact with female high school softball players. Ford engaged in a calculated scheme to gain the trust of minor females who aspired to earn college athletic scholarships. Ford engaged in inappropriate conversations with teen softball players in Florida, Alabama and Tennessee. Ultimately, Ford made contact online with an undercover agent he believed to be a 15-year-old female softball player. Ford was arrested after he sent the teen (who in fact was an undercover agent) currency for a sexually explicit video.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI Miami, Florida; Jacksonville, Florida; Mobile, Alabama; and Columbia, South Carolina Field Offices in this matter. She also thanked the Dothan Police Department for their assistance. This case was prosecuted by Special Assistant U.S. Attorney M. Catherine Koontz.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Activity in the United States Attorney's OfficeRead the Press Release
Chief Federal District Court Judge Scott W. Skavdahl sentenced CHARLES BERNARD OWENS, a/k/a Christopher Bernard Mone, a/k/a Christopher Bernard Jackson, a/k/a Christopher Jackson, 36, of San Bernardino, California on February 14, 2019 for transportation in interstate commerce for the purposes of prostitution or other unlawful sexual activity. He received twenty-four months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay a $100.00 special assessment and a $750.00 assessment to the Justice for Victims of Trafficking Act fund.
On July 22, 2017, during Cheyenne Frontier Days, detectives with the Cheyenne Police Department Human Trafficking Task Force conducted a joint operation with the Federal Bureau of Investigation into human trafficking in the Cheyenne, Wyoming area. During this operation, law enforcement identified and contacted a Californian woman who had been advertising prostitution services in the Cheyenne area. During the investigation, law enforcement discovered that the woman had traveled from California to Wyoming for the purpose of engaging in acts of prostitution at the direction Owens. Owens arranged the woman’s transportation and later prostitution while in the custody of a California State Prison. The Cheyenne Police Department, FBI, and Department of Homeland Security Investigations investigated this case.
Federal District Court Judge Alan B. Johnson sentenced GERSON BARDALES-SAGASTUME, 22, of San Marcos, Honduras on February 21, 2019 for illegal re-entry of a previously deported alien into the United States. Bardales-Sagastume was arrested in Casper, Wyoming. He received time served plus ten days to allow for deportation proceedings and ordered to pay a $100.00 special assessment. Bardales-Sagastume was previously ordered removed from the US in 2016. The Department of Homeland Security investigated this case.
28 February 2019
Windham Man Sentenced to Federal Prison for Trafficking MarijuanaRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ERIC BERGENN, 64, of Windham, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 18 months of imprisonment, followed by three years of supervised release, for marijuana trafficking and money laundering offenses.
According to court documents and statements made in court, in February 2014, the DEA and IRS-Criminal Investigation began investigating Eric Bergenn and his son, Arthur Bergenn, for the illegal production and distribution of marijuana and related money laundering. The investigation revealed that Arthur Bergenn moved from Connecticut to California and began purchasing large quantities of marijuana. Arthur then shipped marijuana via the U.S. Postal Service to individuals in Connecticut, where the marijuana was sold for profit.
The investigation further revealed that Eric Bergenn deposited cash proceeds from the sale of the marijuana into bank accounts he and his son maintained, and that he also mailed bulk amounts of cash to Arthur in California. Arthur withdrew cash from the bank accounts while in California. Arthur used the cash to finance the marijuana operation, and eventually used the funds to purchase three properties in Tehama County, California, on which he cultivated marijuana.
Between April 2010 and June 2014, more than $1.2 million in cash was deposited into 12 separate bank accounts controlled by Arthur and Eric Bergenn. All of the cash deposits were in structured amounts of less than $10,000 in an apparent attempt to evade the filing of Currency Transaction Reports. During this time, Arthur had no legitimate employment or source of income.
On August 11, 2014, investigators conducted court-authorized searches of Arthur Bergenn’s three California properties and seized approximately 300 marijuana plants, more than 50 pounds of processed marijuana, and numerous items used to cultivate, process and package marijuana. Arthur and Eric Bergenn, who were present at one of the California properties, were arrested on state charges at that time.
On August 11, 2016, Arthur Bergenn pleaded guilty in federal court to one count of conspiracy to distribute and to possess with intent to distribute marijuana, and one count of conspiracy to engage in money laundering. Eric Bergenn pleaded guilty to the same charges on April 19, 2018.
Arthur Bergenn, 33, awaits sentencing.
In resolving this case, Arthur and Eric Bergenn have agreed to forfeit their interest in 20635 Canal View Road in Corning, California; 15950 N. Mendocino Drive in Corning, California; 160 acres of land in Tehama County, California, and approximately $50,000 in cash that was seized during the investigation.
This matter has been investigated by the Drug Enforcement Administration and Internal Revenue Service – Criminal Investigation Division, with the assistance of the U.S. Postal Inspection Service, Connecticut State Police, Hartford Police Department, and Tehama County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Geoffrey M. Stone.
Unregistered commodity pool operator arraigned on fraud chargeRead the Press Release
ATLANTA –Kevin Perry has been arraigned on charges that he ran a foreign currency investment fraud scheme.
“This defendant allegedly defrauded investors who trusted him with their hard-earned money,” said U.S. Attorney Byung J. “BJay” Pak. “Even after regulators took action against Perry, he allegedly continued to seek to defraud investors, including at one point attempting to defraud an undercover FBI agent.”
“Instead of living off well-earned investments, Perry’s alleged victims now have to worry about their financial futures,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Nothing can make victims of investment fraud whole again, but the FBI will continue to make it a priority to investigate and punish anyone who preys on investors for their own personal greed.”
According to U.S. Attorney Pak, the charges, and other information presented in court: Perry allegedly led investors to believe that his investment company, Lucrative Pips, was successfully earning substantial profits by investing in the foreign currency (or “forex”) market. Perry induced investors into sending money by signing agreements that claimed the investors’ initial investments were secure from loss. In actuality, Lucrative Pips was never registered as a “commodity pool operator” with the Commodity Futures Trading Commission. Also, Perry had never generated the historical returns represented to investors, and he was using investor money to enrich himself or to pay off other investors, with the goal of enticing others to invest with him.
The indictment further alleges that even after the Commodity Futures Trading Commission filed a civil complaint against Perry, he continued to make fraudulent investment pitches to potential investors. In December 2018, Perry made a series of fraudulent investment pitches to an undercover FBI agent, who was posing as a potential investor. Perry told the undercover FBI agent that an investment of $10,000 would return a profit of $19,000 to $25,000 per month and that he minimized any risk by doing a “100% money-back guarantee.”
Kevin Perry, 21, of Cartersville, Georgia was arraigned Monday, February 25, 2019 before U.S. Magistrate Judge Catherine M. Salinas. A federal grand jury returned an indictment on December 12, 2018, alleging that Perry committed wire fraud.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the FBI.
Assistant U.S. Attorney Thomas J. Krepp and Nathan P. Kitchens, Deputy Chief of the Cyber and Intellectual Property Crime Section, are prosecuting the case. The Commodity Futures Trading Commission provided invaluable assistance throughout the course of the investigation.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Union County, New Jersey, Man Admits Role in Credit Card Fraud and Aggravated Identity Theft ConspiracyRead the Press Release
TRENTON, N.J. – A Union County, New Jersey, man today admitted his role in a conspiracy to hijack the credit card accounts of multiple victims in order to fraudulently purchase hundreds of thousands of dollars in high-end products, U.S. Attorney Craig Carpenito announced.
Oluwaseun Jato, 29, of Hillside, New Jersey, pleaded guilty before U.S. District Judge Peter G. Sheridan in Trenton federal court to an indictment charging him with one count of conspiracy to commit bank fraud and one count of aggravated identity theft.
According to documents filed in this case and statements made in court: From July 2016 through May 2017, Jato and others participated in a credit card takeover conspiracy to obtain control of credit card accounts by contacting financial institutions and posing as account owners so they could change the personal information associated with their accounts, including the residential address, email address, and telephone number.
Members of the conspiracy then opened new accounts or ordered replacement cards to be shipped to them without the account owners’ knowledge or authorization. Jato and others used the compromised credit card accounts to purchase high-value items, including smartphones, tablets, and other electronic devices. Jato admitted receiving 25 percent to 30 percent of the illegal proceeds from more than 10 victims.
The bank fraud conspiracy charge carries a maximum potential penalty of 30 years in prison and a $1 million fine. The aggravated identity theft charge carries a mandatory sentence of two years in prison, which must run consecutive to any other term of imprisonment imposed. Sentencing is scheduled for May 30, 2019.Co-defendants Alexus Omowole and Henry Abdul previously pleaded guilty to conspiracy to commit bank fraud and aggravated identity theft and are awaiting sentencing.
U.S. Attorney Carpenito credited postal inspectors with the U.S. Postal Inspection Service, under the direction of Inspector in Charge James Buthorn, and special agents of the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Brian Michael, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorneys Ray Mateo and Nicholas Grippo, Attorney-in-Charge of the Trenton Office.
U.S. Justice Department Files Sexual Harassment Lawsuit against New London LandlordsRead the Press Release
U.S. Attorney John H. Durham and Assistant Attorney General Eric Dreiband of the U.S. Department of Justice’s Civil Rights Division today announced that the U.S. Attorney’s Office and Justice Department have filed a lawsuit in the District of Connecticut alleging that female tenants and applicants of residential rental properties in and around New London, Connecticut, were subjected to sexual harassment, coercion, intimidation and threats, in violation of the federal Fair Housing Act.
The lawsuit alleges that from at least 2011 through 2016, Richard Bruno sexually harassed female tenants and applicants of rental properties owned or co-owned by Bruno, Domco LLC, and Domco II LLC. Bruno was an agent and property manager for Domco, which was owned by Bruno’s ex-wife. Domco II was owned by Bruno and his ex-wife. According to the complaint, Bruno engaged in harassment that included making unwelcome sexual advances and comments; engaging in unwanted sexual touching; demanding or pressuring female applicants to engage in sexual acts to obtain rental privileges; evicting or threatening to evict female tenants who objected to or refused sexual advances; entering the homes of female tenants without their consent; asking to take and taking pictures and videos of the bodies of his tenants and their female children, and establishing, maintaining and forcing his tenants and their minor female children to view “dungeons” or “sex rooms” in the rental properties.
The lawsuit seeks monetary damages to compensate the victims, civil penalties and a court order barring future discrimination.
Bruno, a former resident of Waterford, Connecticut, has been incarcerated at the Federal Correctional Institute at Otisville since 2017. Bruno pleaded guilty and, on September 28, 2017, was sentenced in New Haven federal court to 16 years in prison for producing child pornography in one of the properties owned by Domco II, with one of the minors who resided in one of properties owned by Domco.
“This federal lawsuit represents a significant step toward achieving justice and compensation for vulnerable victims of civil rights violations,” said U.S. Attorney Durham. “Everyone has the right to be free from unwanted sexual harassment and intimidation by a landlord or property manager, loan officer or housing official, maintenance worker or security guard. Individuals who are being victimized as a condition of their housing have rights, and all are encouraged to report this type of reprehensible behavior to the Justice Department.”
“Female tenants should never be subjected to sexual harassment in a place that should be free from coercion and intimidation,” said Assistant Attorney General Dreiband. “The Civil Rights Division is committed to enforcing the Fair Housing Act and taking action against landlords and property managers who prey on women and cause them to feel unsafe in their own homes.”
In October 2017, the Justice Department launched an initiative to combat sexual harassment in housing. In April 2018, the Department announced the nationwide rollout of the initiative, including three major components: a new joint Task Force with the Department of Housing and Urban Development to combat sexual harassment in housing, an outreach toolkit to leverage the Department’s nationwide network of U.S. Attorney’s Offices, and a public awareness campaign, including the launch of a national Public Service Announcement.
The U.S. Attorney’s Office urges individuals who believe that they have been victimized by sexual harassment or other types of housing discrimination at rental dwellings previously owned or operated by Richard Bruno, Domco or Domco II, or who have other information that may be relevant to this case, to contact Investigator John Sereno at 203-696-3036, or [email protected].
Victims of sexual harassment related to housing can also contact the Justice Department’s Sexual Harassment in Housing Initiative by calling 1-844-380-6178, or through email at [email protected]. Individuals can also report sexual harassment and other forms of housing discrimination by e-mailing the U.S. Attorney’s Office at [email protected].
More information about the Justice Department’s Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt.
U.S. Attorney’s Office for the Northern District of Georgia helps to collect over $77 million in civil and criminal actions in fiscal year 2018Read the Press Release
ATLANTA – U.S. Attorney Byung J. “BJay” Pak announced today that the Northern District of Georgia helped to collect over $77 million in civil and criminal restitution and financial penalties for Fiscal Year 2018, ending September 30, 2018. Of this amount, the Northern District of Georgia directly collected $29,899,597, of which $10,536,937 was collected in criminal actions and $19,362,660 was collected in civil actions. Also, the Northern District of Georgia worked with other U.S. Attorney’s Offices and components of the Department of Justice in joint cases to collect an additional $47,846,632. Of the amount collected jointly, $12,825 was collected in criminal actions and $47,833,807 was collected in civil actions.
As a whole, the Justice Department collected nearly $15 billion in civil and criminal actions in FY 2018. The $14,839,821,650 in collections in FY 2018 represents nearly seven times the appropriated $2.13 billion ($2,136,750,000) budget for the 94 U.S. Attorneys’ offices.
“Recovery of restitution and the imposition of financial penalties are a critical part of enforcement in criminal and civil fraud cases,” said U.S. Attorney Byung J. “BJay” Pak. “This announcement shows that through financial enforcement efforts, our office has delivered a significant financial benefit to the citizens of our district and the country.”
The largest collections were from affirmative civil enforcement actions, in which the United States recovered government funds lost to fraud or other misconduct, or collected fines imposed on individuals and corporations for violations of federal health, safety, civil rights or environmental laws. For example, the Northern District of Georgia investigated and recovered $3.2 million from Georgia Bone & Joint; Southern Bone & Joint; Southern Crescent Anesthesiology, PC; Sentry Anesthesia Management, LLC; and David LaGuardia for allegations of kickbacks and submission of false claims to Medicare for prescription drugs purchased outside of the United States which were not approved by the U.S. Food and Drug Administration (FDA) https://www.justice.gov/usao-ndga/pr/orthopaedic-and-anesthesia-providers-pay-32-million-settle-false-claim-act-allegations. Similarly, over $30 million was recovered this year from Signature HealthCARE LLC in an investigation which began in this district and became national in scope following a whistleblower allegation filed in another district https://www.justice.gov/usao-ndga/pr/signature-healthcare-pay-more-30-million-resolve-false-claims-act-allegations-related. This Office worked jointly with the U.S. Attorney’s Office for the Middle District of Tennessee and the Department of Justice Civil Frauds Section to investigate and ultimately settle violations of the False Claims Act for knowingly submitting false claims to Medicare for rehabilitation therapy services that were not reasonable, necessary, and skilled. In addition, the Northern District of Georgia recovered debts owed to federal agencies, including the Departments of Housing and Urban Development, Health and Human Services, Treasury and Education, as well as the Small Business Administration.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are also responsible for enforcing and collecting criminal debts owed to the U.S. and to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs. Examples of recoveries by the Northern District of Georgia include garnishments and other collection efforts that led to recovery of criminal restitution in the amounts of $290,493 in United States v. Justin Herring, and $328,784 in United States v. Paul Anderson, both fraud cases prosecuted by the office.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
U.S. Attorney’s Office Brings Federal Charges After the Philadelphia District Attorney’s Office Agrees to a Lenient Plea Deal in a Violent RobberyRead the Press Release
PHILADELPHIA, PA – On February 28, 2019, United States Attorney William M. McSwain convened a press conference to announce charges against Jovaun Patterson of Philadelphia, who is alleged to have shot Philadelphia shop owner, Li (“Mike”) Poeng, with an assault rifle during an attempted robbery of Mr. Poeng’s convenience store on May 5, 2018. Mr. Poeng is a refugee from Cambodia who became a U.S. citizen in 1998. As a result of the shooting, Mr. Poeng is confined to a wheelchair. The Philadelphia District Attorney’s Office originally charged Patterson with multiple crimes, including attempted murder and aggravated assault, but then dropped the attempted murder charges and agreed to a lenient plea deal of 3 ½ to 10 years imprisonment. The U.S. Attorney’s Office has now stepped in to bring federal charges.
Remarks as Prepared for Delivery
Good afternoon, everybody. I am here today to announce criminal charges against Jovaun Patterson of Philadelphia, who is alleged to have shot Philadelphia shop owner, Mike Poeng, with a military-style assault rifle on May 5, 2018, during an attempted robbery of Mr. Poeng’s convenience store located at 300 South 54th Street. Mr. Poeng is a refugee from Cambodia who became a U.S. citizen in 1998, and is a married father of three young sons. As a result of the shooting, Mr. Poeng had his right leg nearly blown off and is presently confined to a wheelchair. Earlier today, a federal grand jury returned an indictment against Patterson, charging him with (a) one count of attempted robbery which interferes with interstate commerce and (b) one count of using, carrying and discharging a firearm during and in relation to a crime of violence. On the gun charge alone, he faces a statutory maximum of life imprisonment and a statutory minimum of 10 years’ imprisonment, which must run consecutively to any other sentence imposed on the attempted robbery count.
I want to thank the Bureau of Alcohol, Tobacco, Firearms and Explosives, which investigated this case, and in particular, Acting Special Agent in Charge Brian Gallagher, Supervisory Special Agent John Bowman and Special Agent David Krueger, all of whom are with us today. I want to thank the Philadelphia Police Department for its assistance in our investigation. Thank you to Sal Astolfi, the Chief of the Violent Crime unit in my Office, who is prosecuting the case. Thank you to Tom Malone, who is representing Mr. Poeng pro bono and helping him to navigate through the legal system. And thank you, Mr. Poeng, for being here today.
Mr. Poeng’s story, and the circumstances surrounding this case, which was originally charged by the Philadelphia District Attorney’s Office, are well known and have been the subject of much public discussion and, understandably, much outrage. After a struggle with an armed assailant in front of his store – all captured on videotape – Mr. Poeng was shot and rendered unconscious. His wife, who had been inside the store with the couple’s three sons, raced from the store and found her husband face down on the sidewalk, bleeding profusely. He was rushed to the hospital, where he went into cardiac arrest and remained in a coma for weeks. Following a long hospital stay and a period in a rehabilitation facility, he returned home in August 2018. Mr. Poeng is now confined to a wheelchair and does not know if he will ever walk again on his own.
In July 2018, Jovaun Patterson was arrested by the Philadelphia police. He was charged with attempted murder, aggravated assault, robbery–threat of immediate serious injury, possession of a firearm by a prohibited person, possession of a firearm on a street in Philadelphia, possession of an instrument of crime, simple assault and recklessly endangering another person. After a two-minute hearing in the Philadelphia Court of Common Pleas, the District Attorney’s Office dropped the attempted murder charge, both gun charges, the simple assault charge and the recklessly endangering charge, and Patterson was sentenced to 3 ½ to 10 years imprisonment as part of a plea deal that was negotiated by the District Attorney’s Office. In violation of the Pennsylvania Crime Victims Act, the District Attorney’s Office told Mike Poeng nothing of the deal.
When the public learned of this deal and criticism of it mounted, a spokesman for the District Attorney’s Office defended it – saying that withdrawal of the attempted murder charge was “wholly appropriate as the video evidence depicted a struggle involving the gun prior to its discharge.” I have carefully considered that statement and I still do not understand it. I guess it’s supposed to mean that because Mike Poeng decided to fight for his life and to protect his wife and children, the person who shot him somehow deserves a break. As for the sentence imposed, the District Attorney’s Office spokesman went on to state that it, too, was “wholly appropriate.”
When public criticism of the sentence continued, the District Attorney’s Office tried a different approach. This time, the Office blamed the assistant district attorney working on the case. The District Attorney’s Office spokesman claimed that “the assigned ADA made two mistakes. First, she did not contact the victim prior to the plea . . . and second, she did not get authorization from her supervisor to convey the plea offer.”
What does that explanation tell us? It tells us that nobody in leadership at the District Attorney’s Office even knows what’s going on in plea negotiations or in the courtroom in significant violent crime matters. In the absence of supervision, however, the assistant district attorneys certainly know that they are to pursue deals that will please the District Attorney or they risk losing their jobs, and there is no doubt that the assistant district attorney in the Patterson case did exactly that – offering a lenient 3 ½ to 10 year deal because she thought that reflected the new priorities of the District Attorney’s Office.
Whether this plea deal was approved in advance or not, nobody in leadership at the District Attorney’s Office should be blaming the assistant district attorney. The first principle of running a prosecutor’s office – or any office, for that matter – is that the leader of the office is responsible for everything that the office does or fails to do. Running a large prosecutor’s office comes with public scrutiny and can come with public criticism. Leaders take personal responsibility. They don’t blame the people who work for them.
Mike Poeng deserves justice. The “new” District Attorney’s Office was not able to provide it to him. He will now have his chance to be heard in federal court.
And what has the “new” District Attorney’s Office meant for Philadelphia more broadly? Potential criminals on the streets of our City are not stupid. They pay attention to what is happening at the District Attorney’s Office. When the District Attorney begins his tenure by summarily firing the Office’s most experienced prosecutors (and casually maligning them as they exited the building), when the Office is woefully understaffed, when the new hires at the Office share their boss’ anti-law enforcement philosophy, when the Philadelphia Police Department absorbs constant unfair criticism from the Office, when the Office routinely violates state law by not communicating with victims of violent crime, when the Office consistently undercharges violent crime cases, when it offers sweetheart deals to violent defendants, when its overall stated priority is “decarceration,” when it leads the charge for lenient bail conditions, when the Office issues a memorandum of “new policies” that reads like something written by a radical defense attorney, and when the District Attorney refers to himself as a “public defender with power” – violent criminals take notice of all of that. And they become emboldened. They think they can literally get away with murder.
Sadly, there are likely to be terrible consequences for public safety in Philadelphia as a result of all of this. The only way to effectively deter homicide and other violent crime is to put fear into the hearts of those who would commit such crimes – fear of the law enforcement consequences. The Philadelphia District Attorney’s Office isn’t putting fear into the hearts of anybody who is contemplating a life of violent crime. Instead, what’s even worse, is that the District Attorney’s Office is putting fear into the hearts of law-abiding citizens who have to deal with the terror of homicide and other violent crime in their neighborhoods.
Unfortunately, we are seeing the results already. In 2018, the District Attorney’s first year in office, Philadelphia endured 351 homicides, the most in over a decade, and an 11% increase as compared to 2017. There were 1,365 shooting victims in the City in 2018, the most since 2011, also an 11% increase as compared to 2017. Thus far in 2019, this alarming pattern has continued, as there were more homicides in January 2019 than there were in January 2018. Just last week, an 18-year old was fatally shot in North Philadelphia, the third teenager to be killed by gunfire in the City in a week. The chart to my left depicts the number of homicides in the City on a yearly basis from 2013 to 2018. [Display the chart].
These 2018 Philadelphia homicide numbers have occurred against the backdrop of a sharp decline in homicides nationwide. According to preliminary reports, in 2018, homicides were down approximately 7% nationwide in cities with more than one million residents. Nearby, Chester, PA saw a 38% decrease in homicides in 2018; both Camden, NJ and Newark, NJ also experienced a decrease. It is not a coincidence that Philadelphia saw a double-digit percentage increase in homicides in 2018, while our nearby cities, and the nation as a whole, experienced a significant decrease. The policies of the District Attorney’s Office are undoubtedly playing a large role in this tragedy – and nobody should be surprised by it. I’m not.
And who is it that is dying as a result of this homicide epidemic? By and large, it’s African-Americans, as well as Latinos. In 2018, 276 of the 351 homicide victims were African-Americans, or 79%, while 44 of the 351 were Hispanic, or 13%. Thus, a staggering 92% of the homicide victims in Philadelphia in 2018 were African-American or Hispanic. The chart to my left depicts the number of homicides in the City on a yearly basis from 2013 to 2018, broken down by the race of the victim. [Display the chart]. This chart tells a most unfortunate story. And it’s one that the District Attorney’s Office should be working hard to fix – not, as it is doing with its current policies, making worse.
The policies of the District Attorney’s Office are harming minority communities all across the City. And the people who have the right to be the most outraged by these policies are those in the African-American community and the Latino community. Everyone in the City – and I mean everyone – deserves to live in a safe neighborhood.
The District Attorney calls himself “a public defender with power.” That is not his job. He’s not supposed to be a public defender, advocating for defendants. He’s supposed to be a prosecutor, advocating for victims and protecting the community. I can assure you this: the prosecutors of my Office, working with our federal and state law enforcement partners, as well as with the Philadelphia police, will do everything in our power to keep the City safe.
Thank you, and at this time, I am happy to take your questions.
Two West Baltimore Heroin Dealers Plead Guilty to Federal Drug Distribution ChargesRead the Press Release
Baltimore, Maryland – Tyron Evans, age 42, of Baltimore, Maryland pleaded guilty today in U.S. District Court to possession with intent to distribute heroin. On February 27, 2019, his co-defendant, Brandon Pride, age 38, also of Baltimore, Maryland, pleaded guilty to conspiracy to distribute and possess with intent to distribute heroin.
The guilty pleas were announced by United States Attorney for the District of Maryland Robert K. Hur; Maryland Attorney General Brian E. Frosh; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Acting Commissioner Michael Harrison of the Baltimore Police Department; and Secretary Stephen T. Moyer of the Maryland Department of Public Safety and Correctional Services.
“Federal, state and local agencies have joined to target leaders and key members of violent gangs operating in Baltimore City,” said U.S. Attorney Robert K. Hur. “As a result of this partnership, these drug dealers will no longer peddle death in West Baltimore. Pride and Evans will also serve a significant sentence in federal prison, where there is no parole - ever.”
According to Pride’s guilty plea, beginning in at least 2015, Pride conspired with others to distribute heroin in west Baltimore. Specifically, Pride provided heroin, often in “packs” worth $5,000, to multiple “lieutenants” in his drug trafficking organization. These “lieutenants” supervised particular block operations, or “shops” located in the blocks surrounding Edmonson Avenue and Pulaski Street in west Baltimore. Pride met with his lieutenants on a regular basis, sometimes multiple times a day, to supply them with heroin, packaged in order to be distributed in a street-level operation. The lieutenants took the heroin back to their block, where other members of their group sold the heroin. The heroin came packaged in quantities that could be sold for $20 or $40 each.
Further, Pride utilized strategies to evade detection by law enforcement, including changing phone numbers, checking for trackers on vehicles, and taking action against anyone suspected of cooperating with law enforcement.
Evans admitted that on January 23, 2017, he sold several blue topped vials containing heroin to an individual who was assisting Baltimore Police officers. The individual drove with a Baltimore Police undercover officer to meet Evans, then provided Evans with cash in exchange for the heroin. Law enforcement executed a search warrant at Evans’ residence on February 2, 2017 and recovered more than 40 grams of heroin, including 39.33 grams of heroin in a bag, 11 glass vials and five plastic containers, all containing heroin, as well as a scale with heroin residue and cash. Evans agreed that he possessed the heroin with the intent to distribute it to others.
Evans, Pride and the government have agreed that if the Court accepts their plea agreements, Evans and Pride will each be sentenced to eight years in federal prison. U.S. District Judge Catherine C. Blake has not yet scheduled their sentencing dates.
Three other defendants, all from Baltimore, pleaded guilty to federal charges related to this case and were sentenced. They include: Antoine Benjamin, age 27, who was sentenced to 10 years in federal prison for illegal possession of a gun by a previously convicted felon; Tavares White, age 33, who was sentenced to eight years in federal prison for possession with intent to distribute fentanyl; and Lukeda Butler, age 35, who admitted participating in a heroin distribution conspiracy and was sentenced to 22 months in federal prison, to be served consecutive to her state sentence for witness intimidation related to the drug trafficking organization.
The Maryland Attorney General’s Office initiated this case and prosecuted related defendants on state charges. The state prosecutions were handled by Assistant Attorneys General Katie Dorian, Jared Albert, Kelly Burrell, and Zachary Norfolk, with the Maryland Attorney General’s Office, who also assisted with the federal cases.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Robert K. Hur commended the Maryland Attorney General’s Office, the ATF, the FBI, the Baltimore Police Department, and the Maryland Department of Public Safety and Correction Services for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Joan C. Mathias and Michael C. Hanlon, who are prosecuting the federal case.
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Two Southeastern Connecticut Men to Serve Time in Federal Prison for Roles in Heroin Trafficking RingRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that two men have been sentenced in Hartford federal court for their participation in a Southeastern Connecticut heroin trafficking ring.
Yesterday, U.S. District Judge Michael P. Shea sentenced ROBERTO ROMAN, also known as “Indio,” 49, of New London, to 72 months of imprisonment and eight years of supervised release. Today, Judge Shea sentenced MARCUS ANTON, 34, of Montville, to 48 months of imprisonment and three years of supervised release.
According to court documents and statements made in court, this matter stems from an investigation that began after several heroin overdoses in southeastern Connecticut, including two overdose deaths involving a heroin and fentanyl mix that occurred in January 2016. The investigation, which included court-authorized wiretaps and controlled purchases of narcotics, revealed that Michael Luciano, of New London, was distributing heroin through a network of street-level dealers in southeastern Connecticut.
Roman served as a “runner” for Luciano, delivering heroin to Luciano’s customers, collecting cash from them, and then delivering the money Luciano. Anton was a street-level heroin dealer who was supplied by Luciano.
On December 12, 2017, a grand jury in Hartford returned a 25-count superseding indictment charging Luciano, Roman, Anton and 18 other individuals with various heroin trafficking offenses.
On August 30, 2018, Anton pleaded guilty to one count of conspiracy to distribute heroin. On September 27, 2018, Roman pleaded guilty to one count of conspiracy to distribute 100 grams or more of heroin.
On June 27, 2018, Luciano pleaded guilty to one count of conspiracy to possess with intent to distribute one kilogram or more of heroin. On January 29, 2019, he was sentenced to 12 years of imprisonment.
This matter is being investigated by the Drug Enforcement Administration, U.S. Marshals Service, Internal Revenue Service – Criminal Investigation Division, Homeland Security Investigations, Connecticut State Police Statewide Narcotics Task Force East and the New London, Norwich, Waterford, Attleboro (Mass.) and Freetown (Mass.) Police Departments.
This case is being prosecuted by Assistant U.S. Attorneys S. Dave Vatti and Geoffrey M. Stone.
Two RGV Residents Indicted for Health Care FraudRead the Press Release
McALLEN, Texas – Two Rio Grande Valley residents have been taken into custody for submitting fraudulent claims for payment to Texas Medicaid for durable medical equipment (DME) supplies that were never delivered to Medicaid beneficiaries, announced U.S. Attorney Ryan K. Patrick.
A federal grand jury in McAllen returned the indictment Feb. 26, 2019, against Everardo Villarreal, 46, of Edinburg, and Delilah Rae Robles, 38, of Weslaco. It was unsealed today as they were taken into custody. They are expected to make initial appearances before U.S. Magistrate Judge Scott Hacker on Friday, March 1, 2019.
According to the indictment, Villarreal was the owner and operator of now defunct Durable Medical Supply Depot of Elsa. Robles was his secretary and Medicaid biller.
The indictment alleges they committed one count of conspiracy to commit health care fraud, four counts of substantive health care fraud as well as two counts of aggravated identity theft of local Medicaid beneficiaries’ personal Medicaid numbers.
From on or about April 2010 to on or about September 2014, Villarreal and Robles allegedly billed Texas Medicaid in excess of $850,000 for DME that was either never delivered or was only partially delivered to Medicaid beneficiaries. The indictment alleges Villarreal and Robles purchased or arranged for the purchase of personal Medicaid identification numbers of local Medicaid beneficiaries in order to submit false and fraudulent claims to Medicaid for items that were never intended to be delivered.
Each of the counts of health care fraud related matters carries a maximum of 10 years in federal prison. If convicted of identity theft, they each also face a mandatory two years imprisonment which must be served consecutively to any other sentence imposed. All of the charges also carry a $250,000 maximum possible fine.
The Texas Attorney General’s Medicaid Fraud Control Unit, Department of Health and Human Services – Office of Inspector General and the FBI conducted the investigation. Special Assistant U.S. Attorney Marian Swanberg and Assistant U.S. Attorney Andrew Swartz are prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.
Two Men Sentenced to Federal Prison for Drug CrimesRead the Press Release
BOISE – Jose Luis Gonzales, 40, of Twin Falls, and David Lee Martell, 47, of Nampa, were sentenced to federal prison this week for participating in a drug trafficking organization, announced U.S. Attorney Bart M. Davis. Gonzales was sentenced Wednesday to ten years in federal prison followed by five years of supervised release. Martell was sentenced yesterday to 54 months in prison followed by three years of supervised release. Both were sentenced by U.S. District Judge B. Lynn Winmill.
According to court records, investigators began an investigation into a drug trafficking organization distributing methamphetamine, heroin and fentanyl in Idaho. Their investigation determined that Gonzales and Martell were members of that organization. Investigators arrested Gonzales on April 27, 2018, after he distributed approximately three ounces of methamphetamine to a co-conspirator. Gonzales was on parole at the time due to prior convictions for possessing methamphetamine and unlawfully possessing a firearm by a felon. Martell was arrested after the search of his residence on April 26, 2018, when investigators found approximately two ounces of methamphetamine, four grams of heroin, a digital scale, packaging materials, and a loaded .40 caliber pistol. Martell also had prior felony convictions for possessing methamphetamine and for unlawfully possessing firearms by a felon.
Gonzales, Martell, and four others were indicted by a federal grand jury in May 2018 for conspiring to distribute methamphetamine, heroin, and fentanyl. Martell pleaded guilty in October 2018 to possessing methamphetamine with the intent to distribute. Gonzales pleaded guilty in November 2018 to distributing over fifty grams of pure methamphetamine.
A third defendant, Russell Anthony Antonucci, 50, of Boise, was sentenced on January 31, 2019, to 42 months in federal prison for his role in the offense. The remaining three defendants are scheduled for sentencing in April 2019 at the federal courthouse in Boise. Edouard Gribkoff, 37, of Ontario, Oregon, is scheduled for sentencing before U.S. Magistrate Judge Candy W. Dale on April 10, 2019. Daniel Allen Gonzales, 44, of Boise and Roberto Jo Miguel Serpa, 40, of Caldwell, are scheduled for sentencing in front of Judge Winmill on April 15 and 16, 2019, respectively.
This case was investigated by the Drug Enforcement Administration and the Nampa Police Department.
The indictment is the result of a joint investigation by the Organized Crime and Drug Enforcement Task Force (OCDETF), which includes the cooperative law enforcement efforts of the Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; Internal Revenue Service-Criminal Investigation; and the U.S. Marshals Service.
The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
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Two Men Sentenced to Lengthy Prison Terms for Their Roles in One of the Largest Fentanyl Seizure in the United StatesRead the Press Release
Two men from California were sentenced this month for their role in a drug conspiracy that resulted in, what was at the time, the third largest fentanyl seizure in the United States, announced United States Attorney Matthew Schneider.
Schneider was joined in the announcement by Special Agent in Charge Timothy Plancon, U.S. Drug Enforcement Administration, Detroit Field Division.
Sentenced were Manual Arnulfo Barajas, age 23, of West Covina, California, and Andre Lee Scott, age 27, of San Bernadino, California. Barajas was sentenced to 135 months on February 21, 2019. Scott was sentenced to 141 months today. In addition to the prison sentences, both defendants were ordered to serve five years of supervised release. United States District Judge Terrence G. Berg of the Eastern District of Michigan imposed the sentences.
According to court records, the men were arrested in July 2017 at a condominium in Novi, Michigan with more than 10 kilograms of pure fentanyl, 20 kilograms of fentanyl laced with heroin, and more than half a million dollars in cash. It is estimated that the fentanyl seized could have killed at least five million people. Manual Barajas admitted he traveled to Michigan on behalf of the source of supply when drug shipments arrived. Andre Lee Scott was responsible for overseeing the drug distribution and money collection at the condominium. The seizure was the result of DEA agent’s creative investigative work after they traced a UPC code off a Sony PlayStation box that was used to deliver heroin to a drug customer. That UPC code led to the Novi condominium where the PlayStation was active.
“Fentanyl is now the leading cause of overdose deaths in America — it is inherently dangerous and 50 times more potent than heroin,” United States Attorney Schneider stated. “This fentanyl seizure has literally saved lives by keeping this poison off our streets. Criminals who harm our community like this will be held accountable for the venomous drugs they spread.”
“The recent sentencing of BARAJAS and SCOTT sends a strong unified message that drug trafficking will not be tolerated. The commitment and relentless efforts of the men and woman of the DEA, along with our law enforcement partners, took a record amount of fentanyl off of the streets of communities throughout southeast Michigan. Dismantling fentanyl trafficking organizations, and preventing devastation caused by them, is a top priority to law enforcement. We will tirelessly continue to identify, investigate, and disrupt those involved in such ruthless criminal activity and bring them to justice.”
Six additional defendants have been indicted as part of the ongoing investigation. All six are awaiting trial, currently scheduled for April 30, 2019.
The investigation of the case was conducted by the Organized Crime Drug Enforcement (OCDETF) Southeast Regional Strike Force. Assistant United States Attorneys Andrea Hutting and Craig Wininger prosecuted the case for the United States.