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28 February 2019
Illegal alien from Mexico arrested in Calcasieu Parish pleads guilty to illegally re-entering U.S.Read the Press Release
LAKE CHARLES, La. – Illegal alien Ernesto Garcia-Flores, 39, of Mexico, pleaded guilty Tuesday before U.S. Magistrate Judge Kathleen Kay to one count of re-entry of a removed alien, U.S. Attorney David C. Joseph announced.
Garcia-Flores was arrested on November 6, 2018 in Calcasieu Parish. After an investigation into his background, law enforcement agents learned that he had been previously deported twice. He was indicted in U.S. District Court for the Western District of Texas, El Paso Division, on October 26, 2011 for re-entry of a removed alien and was deported on January 27, 2012. He was also charged by criminal complaint on February 3, 2013 in U.S. District Court for the Southern District of Texas, Laredo Division, for unlawfully entering the United States and was removed from the United States on September 5, 2013.
Garcia-Flores faces 10 years in prison, three years of supervised release and a $250,000 fine for each count. The court set the sentencing date for June 13, 2019.
United States Customs and Border Protection and the Calcasieu Parish Sheriff’s Office investigated the case. Assistant U.S. Attorney T. Forrest Phillips is prosecuting the case.
Honduran Man Pleads Guilty to Transporting Local Minor Out of State for SexRead the Press Release
PENSACOLA, FLORIDA – Elvin Castron-Murcia, 20, a Honduran native residing between Louisiana and Tennessee, pleaded guilty today to traveling for illicit sexual conduct and transporting a minor for criminal sexual activity. The guilty plea was announced by Lawrence Keefe, United States Attorney for the Northern District of Florida.
In May 2018, a 12-year-old female, “ENN,” went missing from Navarre after her mother discovered her communicating on Facebook with a 19-year-old male using the name “Elvin C. Murcia.” Several neighbors had observed a black Honda Civic with Tennessee license tags parked near ENN’s residence in Navarre, Florida. A search of ENN’s cellular telephone and Instagram social media account revealed images of ENN in a vehicle with a male who appeared to be the same person using Murcia’s Facebook account.
The next day, ENN’s mother was able to communicate with ENN via Facebook Messenger, and law enforcement officers determined the cellular telephone used for the conversation was located in Tennessee. A state trooper soon observed the black Honda Civic with Tennessee tags and stopped the vehicle in Alabama. ENN was identified as the vehicle passenger, and Murcia, who was using a license issued in a stolen identity, was later identified as the driver. Images and videos on Murcia’s phone located after a forensic examination confirmed that Murcia and ENN were in an online relationship that began when ENN was just 11-years-old. Law enforcement officers were able to obtain pharmacy video in Tennessee depicting Murcia purchasing birth control with ENN the day before the traffic stop and subsequent arrest of Murcia. Later in May, law enforcement officers confirmed that Murcia was illegally present in the United States and that the identity he was utilizing was that of a true citizen of Puerto Rico.
The defendant is being detained. The sentencing hearing is scheduled for May 20, 2019, at 9:00 a.m. at the U.S. Courthouse in Pensacola.
Castron-Murcia faces a maximum of 30 years in prison for the traveling for illicit sexual conduct and a minimum of 10 years and a maximum of life in prison for the transporting a minor for criminal sexual activity.
The case is being investigated by the Federal Bureau of Investigation, the Florida Department of Law Enforcement, the Santa Rosa County Sheriff’s Office, the Alabama Law Enforcement Agency, and the United States Immigration and Customs Enforcement Homeland Security Investigations. Assistant United States Attorney David Goldberg is prosecuting the case.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Heroin and Fentanyl Dealer Pleads Guilty to Drug Trafficking ChargesRead the Press Release
NORFOLK, Va. – A Norfolk man pleaded guilty today to conspiring to distribute heroin.
According to court documents and information before the court, Barry Jamel Alexander, 32, sold heroin mixed with fentanyl to an undercover police officer at a Norfolk 7-Eleven. He used his cousin as a middle man in an attempt to protect himself from criminal exposure, but the store security cameras caught him handing the drugs to his cousin and, soon after, receiving the drug money.
Earlier that month, Alexander sold heroin mixed with fentanyl to a customer who overdosed on the substance and had to be revived with Narcan. At the time Alexander sold the heroin to the undercover officer, he knew that a customer had previously overdosed on his product. Agents later interviewed some of Alexander’s customers, who reported that over a five-year period they had purchased more than two kilograms of heroin from Alexander.
Alexander pleaded guilty to conspiracy, distribution, and possession with intent to distribute controlled substances, and faces a maximum penalty of 40 years in prison when sentenced on June 7. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, made the announcement after U.S. Magistrate Judge Lawrence R. Leonard accepted the plea. Assistant U.S. Attorneys William B. Jackson and John F. Butler are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:19-cr-5.
Harrison County woman admits to firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Teressa Hall, of Bristol, West Virginia, has admitted to a firearms charge, United States Attorney Bill Powell announced.
Hall, age 34, pled guilty to one count of “Use of a Firearm During and in Relation to a Drug Offense.” Hall admitted to having a .380 caliber semi-automatic pistol with her when in possession of methamphetamine in December 2017 in Harrison County.Hall faces a minimum of five years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Greater Harrison Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated. The United States Marshal Service assisted in the arrests.
The investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Magistrate Judge Michael John Aloi presided.
Great Falls woman sentenced in meth caseRead the Press Release
GREAT FALLS—Great Falls resident Macedonia Frances Mondragon, who hid methamphetamine inside her body, was sentenced on Wednesday to 66 months in prison and four years of supervised release for conviction of possessing meth, U.S. Attorney Kurt Alme said.
Mondragon, 33, pleaded guilty in November to possession with intent to distribute meth.
U.S. District Judge Brian M. Morris presided.
Prosecutors said Mondragon initially was arrested on warrants after Great Falls police officers responded to a shoplifting report involving four individuals on March 16, 2018 at Walmart. Officers searched Mondragon’s purse and found stolen items, a cell phone, drug paraphernalia and a notebook that appeared to be a drug ledger. Officers also seized a money wire receipt showing that a member of the group had just transferred $800 to a person in California.
While being booked into jail on city warrants and the theft from Walmart, a detention officer found a package containing 46.4 grams of meth concealed in Mondragon’s body.
Further investigation by Homeland Security agents found that Mondragon had been involved in distributing meth in the Great Falls area for at least the previous two months.
Assistant U.S. Attorney Jessica Betley prosecuted the case, which was investigated by Homeland Security Investigations and the Great Falls Police Department.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Gloucester County, New Jersey, Man Charged with Sexual Exploitation of Children and Distribution of Child PornographyRead the Press Release
CAMDEN, N.J. – A Gloucester County, New Jersey man was charged today with producing and distributing images of child sexual abuse, U.S. Attorney Craig Carpenito announced.
Andrew Nicholas, 22, of Williamstown, New Jersey, is charged by criminal complaint one count of sexually exploiting children and one count of distributing child pornography. He appeared before U.S. Magistrate Judge Joel Schneider in Camden federal court and was detained without bail.
According to documents filed in this case and statements made in court:
On Feb. 26, 2019, an undercover officer entered a public Kik Messenger group and began communicating with Nicholas, who sent the officer images of child sexual abuse involving a prepubescent minor.
The count of sexually exploiting children carries a mandatory minimum penalty of 15 years in prison, a maximum potential penalty of 30 years in prison and a $250,000 fine. The distribution of child pornography count carries a mandatory minimum penalty of five years in prison, a maximum possible penalty of 20 years in prison and fine of $250,000 per count.
U.S. Attorney Carpenito credited special agents of the FBI, Philadelphia Division, under the direction of Special Agent in Charge Michael Harpster, and the Washington, D.C., FBI Field Office, under the direction of Assistant Director in Charge Nancy McNamara, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Martha Nye of the U.S. Attorney’s Office Criminal Division in Camden.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defense counsel: Christopher O’Malley Esq., Assistant Federal Public Defender, Camden
Georgia Men Indicted for Check Cashing Scheme Targeting BanksRead the Press Release
ALBANY, NEW YORK – Alphonso L. Howard, Jr., age 28, and Javonte J. Johnson, age 22, both of Decatur, Georgia, were indicted yesterday for creating counterfeit checks and then cashing them at banks in Saratoga and Warren Counties.
The announcement was made by United States Attorney Grant C. Jaquith; James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI);
and New York State Police Acting Superintendent Keith M. Corlett.
Each defendant is charged with one count of conspiring to commit bank fraud, three counts of bank fraud, and three counts of aggravated identity theft.
The charges in the indictment are merely accusations. Each defendant is presumed innocent unless and until proven guilty.
According to the indictment, between July 1, 2018 and September 26, 2018, the defendants and others defrauded financial institutions by intercepting and stealing checks sent through the U.S. Mail; using information from these legitimate checks to create counterfeit checks drawn on the same financial accounts as the stolen, legitimate checks; and then cashing and attempting to cash the counterfeit checks at financial institutions in Saratoga and Warren Counties.
The New York State Police arrested Howard and Johnson on September 26, 2018, in Queensbury, New York. Howard and Johnson have been in custody since their arrest, and will be arraigned on the federal charges at a later date.
If convicted, each defendant faces at least 2 years and up to 30 years in prison, a maximum $1 million fine, and 5 years of post-release supervision. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. The indictment also seeks forfeiture of approximately $19,000 in cash possessed by the defendants at the time of their arrest, as well as a money judgment in the amount of $164,077.70.
This case is being investigated by the FBI and the New York State Police-Troop G, and is being prosecuted by Assistant U.S. Attorney Michael Barnett. Other agencies have assisted in the investigation and prosecution, including the District Attorney’s Offices in Saratoga and Warren Counties, the Glens Falls Police Department, the Burlington Police Department (Vt.), Vermont State Police, and the Stowe Police Department (Vt.).
Johnson has also been indicted on grand larceny and other charges in Jefferson County, New York, in a case brought by the Jefferson County District Attorney’s Office and investigated by the Watertown Police Department. Johnson is presumed innocent of these charges as well.
Four Lansing Men Sentenced in Food Stamp Fraud CaseRead the Press Release
GRAND RAPIDS, MICHIGAN - United States Attorney Andrew Birge announced today that four Lansing-area men have been sentenced in connection with convictions arising out of a USDA investigation into fraud at convenience stores in Lansing, Michigan, where customers were allowed to buy prohibited items (such as cigarettes) or receive cash in exchange for Supplemental Nutrition Assistance Program benefits (also known as food stamps).
Raymond Gedeon, Edward Gedeon, and Youssef El-Chaer were convicted of conspiracy to defraud the United States in violation of 18 U.S.C. § 371. Raymond Gedeon and Edward Gedeon were each sentenced to 24 months’ custody and two years of supervised release. Raymond Gedeon was ordered to pay restitution of more than $485,000. Edward Gedeon was ordered to pay restitution of more than $241,000. El-Chaer was ordered to pay restitution of more than $39,000. Elias Abudaya was convicted of food stamp fraud in violation of 7 U.S.C. § 2024(b) and sentenced to six months’ incarceration and restitution of more than $241,000.
"My office will aggressively prosecute individuals who attempt to defraud taxpayer-funded programs, such as those designed to assist members of our community in need," U.S. Attorney Birge said.
USDA Special Agent-in-Charge Anthony V. Mohatt said, "The Supplemental Nutrition Assistance Program helps put healthy food on the table of 1.3 million Michigan residents each month. The criminal activities of the store owners and employees targeted during this investigation deprived needy citizens of the Lansing area access to nutritious meals. The USDA Office of Inspector General will continue to target those who prey on federal food assistance programs, and their recipients."
The case was jointly investigated by the USDA Office of Inspector General and the FBI Lansing Resident Office. Assistant U.S. Attorneys Sally J. Berens and Nils Kessler prosecuted the case.
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Four Family Members Charged with Federal Program Fraud, Money Laundering and PerjuryRead the Press Release
Four individuals were charged in an eight-count indictment, unsealed today, which alleges federal program fraud, money laundering and perjury, announced U.S. Attorney Matthew Schneider.
Schneider was joined in the announcement by Brad Geary, Special Agent in Charge of the U. S. Department of Housing and Urban Development, Office of Inspector General and Special Agent in Charge Timothy R. Slater, Federal Bureau of Investigation, Detroit Division.
The indictment charges Brian Leslie Loren, 57, of Daytona Beach, Florida, Ryan Adam Loren, 32, of Orlando, Florida, Kayla Jean Loren, 29 of Orlando, Florida and Jaime Michael Johnson, 41, of South Daytona, Florida with conspiracy to commit federal program fraud between August 2008 and August 2016. Brian Loren, Ryan Loren, and Jaime Johnson are also charged with money laundering. Ryan Loren and Kayla Loren are also charged with perjury. The defendants are relatives of the former Executive Director of the St. Clair Housing Commission Lorena Loren, who was convicted of conspiring with the defendants to steal federal funds provided to the Commission by the U.S. Department of Housing and Urban Development (‘‘HUD”) to administer HUD’s low-income housing programs for assisting low-income families, the elderly and the disabled. The defendants are alleged to have unlawfully obtained over $150,000 in federal funds over the course of the conspiracy. The indictment further alleges that the defendants established joint bank accounts to facilitate access to the ill-gotten funds by the defendants and others. In addition, Defendants Ryan Loren and Kayla Loren are alleged to have testified falsely before the grand jury during the investigation of the matter.
United States Attorney Matthew Schneider said, “When we weed out corruption, our prosecutions will spread from the branches to the very roots of this poisonous, corrupt tree. No one involved in perpetrating fraud and exploiting federal programs — especially those designed for our most vulnerable citizens — is immune from prosecution.”
Brad Geary, Special Agent in Charge, HUD Office of Inspector General stated, "The charges disclosed today prove our continuing resolve to root out fraud in all forms, especially when the funds involved should have been used to help our neediest families. It is our continuing core mission to work jointly with our Federal law enforcement partners and the United States Attorney's Office to protect the integrity of our housing programs and to take strong action against those who seek to personally benefit from taxpayer funded subsidies."
"These defendants are alleged to have participated in and attempted to cover up fraud against public programs that are intended to subsidize housing costs for those with a legitimate need," said FBI SAC Slater. "The FBI and its law enforcement partners remain committed to investigating and prosecuting this type of fraud."
This case was investigated by agents of the Detroit HUD office of Inspector General and FBI Macomb. The case is being prosecuted by Assistant United States Attorneys Dawn N. Ison and Shankur Ramamurthy.
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.
Forty-three people indicted in federal court for their roles in two separate conspiracies to sell large amounts of drugs in the Mansfield areaRead the Press Release
Forty-three people were indicted in federal court for their roles in two separate conspiracies to sell large amounts of drugs in the Mansfield area.
Twenty-three people were charged in a 42-count indictment with conspiracy to possess with intent to distribute fentanyl, heroin, oxycodone and marijuana, and other charges. They are: Noel Mott, 43; Donald Abrams, 59; Felicia McPherson, 37; Ivan Troup, 34; Devon Troup, 27; Deshawn Dowdell, 23; Markell Boyd, 39; Dennis Carter, 47; Marcus Caldwell, 40; Terrence Sudberry, 45; Robert Boone, 24; Kristopher Herron, 47; Jason Reid, 36; William Norris, 45; Rayshaun Walker, 25; Cynthia Huffman, 22; Tessa Christy, 36; Seth Wells, 23; Miranda Hamilton, 23; Ashlie Smith, 33; Megan Moritz, 30; Taryn Ohl, 32, and Mykel Smith, 25.
Twenty people were charged in a 61-count indictment with conspiracy to possess with intent to distribute heroin, crack cocaine, cocaine and methamphetamine, and other charges. They are: Juan Westberry, 38; Rashad Keith, 27; Lamar Johnson, 30; Torme Johnson, 30; Ryan Schroeder, 38; Kelly Adkins, 31; Marquis Allen, 26; Tevron Allen, 23; Anthony Balg, 38; Darryl Ballinger, 24; Kelly Burns, 30; Andrew Cotton, 32; Rory Hamm, 49; Phillip Moxley, 36; Amanda Pierce, 34; Santreas Sanks, 29; Derrick Snelling, 27; Kevin Thomas, 29, and Rachel Thompson, 34.
All of the defendants are from the Mansfield or the nearby area except for Donald Adams, Felicia McPherson and the Troups, who are all from Detroit.
Approximately 36 additional people were charged with drug crimes in the Richland County Court of Common Pleas.
In the Mott indictment, the conspirators obtained heroin, fentanyl, oxycodone and marijuana from suppliers in Detroit and Mansfield, which they then sold in Mansfield. This took place between January 2016 through the present, according to the indictment.
Mott, Wells, Boone, Moritz, Hamilton and Smith traveled to Detroit to obtain large quantities of oxycodone, which they redistributed in Mansfield. Mott also obtained large quantities of heroin and fentanyl from Dowdell, Troup and others that he redistributed in in Mansfield. He also obtained fentanyl and worked with other dealers to redistribute the drugs in Mansfield, according to the indictment.
Mott is also charged with possessing a firearm in furtherance of drug trafficking and being a felon in possession of a firearm. Prosecutors are seeking for forfeit 14 firearms seized as part of the investigation, according to the indictment.
Huffman helped coordinate and secure Wells to serve as a driver for oxycodone resupply runs to Detroit, according to the indictment.
In the Westberry indictment, the defendants conspired together between 2015 and the present to obtain large amounts of heroin, crack cocaine, cocaine and methamphetamine to sell in the Mansfield area, according to the indictment.
Westberry obtained heroin, which he distributed to Keith, Lamar Johnson, Torme Johnson, Schroeder and Garrison, who in turn sold the heroin to other customers, according to the indictment.
Keith and Lamar Johnson obtained heroin, crack cocaine, methamphetamine and cocaine, which they then sold to other dealers, who distributed the drugs in the Mansfield area, according to the indictment.
Members of the conspiracy operated drug houses at locations on Rembrandt Street, Helen Avenue, Dunbilt Court, Bowman Street and West 3rd Street in Mansfield and Eckstein Road in Crestline for the purpose of storing and distributing the drugs, according to the indictment.
“These two groups sold a wide array of dangerous drugs in and around Mansfield, including fentanyl, heroin, cocaine and methamphetamine,” U.S. Attorney Justin E. Herdman said. “These cases are a great example of law enforcement working together to arrest dangerous people and help make Mansfield a safer community.”
FBI Special Agent in Charge Eric B. Smith said: “Collaborative law enforcement efforts have disrupted two significant drug trafficking organizations that were profiting from the addiction of our community members. The individuals arrested today brought danger and violence to our streets and they will now be held accountable for their criminal activity.”
“These are significant arrests of drug dealers who have been trafficking and dealing dangerous and deadly drugs to our citizens here in Richland County,” said Richland County Sheriff Steve Sheldon. “Again, I can’t say enough about how well federal, state and local law enforcement agencies work so well to together here in Richland County to accomplish great things.”
Mansfield Police Chief Ken Coontz said: “This major drug sweep is made possible because of the collaboration within our community, local law enforcement counterparts, FBI and DEA counterparts, Richland County prosecutors, U.S. Marshals and U.S. Attorney’s Office. We all share a common goal of making our community a safer place to live and work.”
"This multi-agency Title III investigation provided a glimpse into the dangerous underworld members of the Westberry organization have created for the Mansfield and the wider Richland County communities," said DEA Special Agent in Charge Timothy Plancon. "Today's arrests signal an important step in our continuing fight to protect our neighborhoods from violent drug traffickers."
“These arrests will have a significant impact on the wellbeing of the Mansfield community,” said U.S. Marshal Peter Elliott. “The U.S. Marshals Service will continue to work with its federal, state and local partners on large scale operations such as this to keep our communities safe.”
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
These cases were investigated by the Federal Bureau of Investigation, Mansfield Police Department, Richland County Sheriff’s Office, METRICH Drug Task Force, Drug Enforcement Administration, U.S. Marshals and Ohio State Highway Patrol. They are being prosecuted by Assistant U.S. Attorneys Vasile Katsaros and Jason M. Katz.
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.
Former Las Vegas Illusionist Sentenced to 20 Years in Prison for Possession, Receipt, and Distribution of Child PornographyRead the Press Release
LAS VEGAS, Nev. – Former Las Vegas illusionist Jan Rouven Fuechtener was sentenced today to 240 months in federal prison and ordered to pay a $500,000 fine for possession, receipt, and distribution of more than 9,000 images and videos of child pornography, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada and Special Agent in Charge Aaron C. Rouse for the FBI’s Las Vegas Field Office. Due to this conviction, Fuechtener will be deported from the United States after serving his sentence, and will be barred from returning for any purpose.
“Today’s sentencing is another example of law enforcement’s steadfast commitment to this office’s Project Safe Childhood initiative,” said U.S. Attorney Trutanich. “Federal law enforcement, along with the U.S. Attorney’s Office, will aggressively investigate and prosecute those that exploit children. The lengthy prison sentence imposed vindicates the victims of this defendant’s crimes and sends the message that justice was done.”
“We have no greater duty than to protect the most vulnerable among us, and the men and women of the FBI will continue to relentlessly pursue those who seek to harm our children,” said Special Agent in Charge Rouse. “Every time child pornography is viewed on the internet a child is revictimized.”
Fuechtener, who used an online alias of Lars Schmidt, 40, a citizen of Germany, pleaded guilty on Nov. 17, 2016, during his bench trial for the criminal charges. Instead of proceeding with sentencing, he filed a motion to withdraw his guilty plea on June 22, 2017. Over the course of a five-day evidentiary hearing, Fuechtener’s former attorneys testified that they had advised him of details of the plea agreement, including potential penalties and consequences of the plea. At the hearing, Fuechtener personally testified and called a fellow inmate, who is also charged with child pornography offenses, to testify on his behalf. The Court believed the testimony of Fuechtener’s former attorneys and denied the motion to withdraw on June 15, 2018.
In his plea agreement, Fuechtener admitted that he shared numerous child pornography files on GigaTribe, a peer-to-peer file sharing program. During the execution of a search warrant of Fuechtener’s residence, law enforcement found over 9,000 images and videos depicting children engaging in sexually explicit conduct. These files were found on nine devices collected from all over Fuechtener’s home. Fuechtener further admitted that he used the Skype username “larusa22” to engage in chats to distribute child pornography by sharing his GigaTribe “Lars45” folder in exchange for watching a father sexually assault his daughter, and that he used Grindr to chat with others about coordinating to drug and sexually molest a young boy.
The investigation was conducted by the FBI. Assistant U.S. Attorneys Elham Roohani and Lisa Cartier-Giroux prosecuted the case.
To report an incident involving the possession, distribution, receipt, or production of child pornography, contact the National Center for Missing & Exploited Children by phone at 1-800-843-5678 or online at www.cybertipline.com.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Five Plead Guilty to Violent Grocery Store RobberiesRead the Press Release
NORFOLK, Va. – Five Hampton Roads-area individuals pleaded guilty this week to their respective roles in a series of violent grocery store robberies in Chesapeake and Virginia Beach.
According to court documents, the individuals worked in at least six-member teams, and conducted armed robberies of a Food Lion in Chesapeake on September 25, a Food Lion in Virginia Beach on September 29, and a Harris Teeter in Virginia Beach on October 3. The teams included inside and outside look-outs, getaway drivers, and two gunmen. The teams used police scanners to monitor law enforcement activity, encrypted applications, and earpieces to communicate with one another. The inside look-out would find and identify the grocery store manager, initiate the robbery, and communicate the position of the manager to masked members of the conspiracy who entered the stores with firearms. At each robbery the gunmen demanded the managers open the grocery store safe. In the final robbery at a Harris Teeter in Virginia Beach, one of the gunmen shot the store manager.
Please see below for a list of defendants who have pleaded guilty in this case.
Name, Age
Hometown
Pleaded Guilty To
Maximum Sentence
Cato M. Battle, 18
Virginia Beach
1 Count of Conspiracy;
1 Count of Robbery; 1 Count of Using a Firearm During a Crime of Violence
Mandatory Minimum 7 years; Maximum Life
Willey E. Brooks, Jr., aka “Wally”, 26
Chesapeake
1 Count of Conspiracy;
2 Counts of Robbery; 2 Counts of Using a Firearm During a Crime of Violence
Mandatory Minimum 14 years; Maximum Life
Monica Perkins, 29
Norfolk
1 Count of Conspiracy;
1 Count of Robbery;
1 Count of Using a Firearm During a Crime of Violence
Mandatory Minimum 7 years; Maximum Life
Brandon C. Tisdale, aka “Dot, GM”, 20
Virginia Beach
1 Count of Conspiracy;
2 Counts of Robbery;
2 Counts of Using a Firearm During a Crime of Violence
Mandatory Minimum 17 years; Maximum Life
Trevor L. Tisdale, aka “T”, 24
Virginia Beach
1 Count of Conspiracy;
2 Counts of Robbery; 2 Counts of Using a Firearm During a Crime of Violence
Mandatory Minimum 14 years; Maximum Life
Keonte K. Yorkshire, aka Tae, 21 of Virginia Beach, pleaded guilty to his role in the offense on February 5 and faces a mandatory minimum of 17 years and a maximum sentence of life.
Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Division, James A. Cervera, Chief of Virginia Beach Police, and Kelvin L. Wright, Chief of Chesapeake Police, made the announcement after U.S. District Judge Raymond A. Jackson accepted the plea. Assistant U.S. Attorneys John F. Butler and Andrew C. Bosse are prosecuting the case.
This case was investigated by the FBI’s Tidewater Violent Crime Task Force, in partnership with the Virginia Beach and Chesapeake Police Departments.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-177.
Five People Sentenced to Federal Prison for Methamphetamine TraffickingRead the Press Release
Over the last week, five people have been sentenced to federal prison for their roles in trafficking methamphetamine throughout central and northern Iowa.
Octavio Cortez Fierros, age 27, from Michoacán, Mexico, received a 420-month prison term after a September 4, 2018 guilty plea to conspiracy to distribute methamphetamine.
Mario Nava Zavala, age 26, from Michoacán, Mexico, received a 120-month prison term after an August 17, 2018 guilty plea to conspiracy to distribute methamphetamine.
Ulises Legorreta Chavez, age 30, from Michoacán, Mexico, received a 108-month prison term after an August 27, 2018 guilty plea to conspiracy to distribute methamphetamine.
Xiomara Gonzalez-Zambrano, age 38, from Atwater, California, received a 63-month prison term after an August 21, 2018 guilty plea to conspiracy to distribute methamphetamine.
Adilene Vanessa Garcia, age 21, from State Center, Iowa, received a 52-month prison term after an August 27, 2018 guilty plea to conspiracy to distribute methamphetamine.
Evidence at sentencing hearings showed that Fierros was the leader of a significant drug trafficking organization responsible for distributing ice methamphetamine to customers in Waterloo, Marshalltown, and Des Moines. Fierros organized a network of individuals including Zavala, Chavez, and Garcia to assist him with the distribution of methamphetamine. These individuals were responsible for delivering methamphetamine to Fierros’ customers, collecting money the customers owed for drug debts, translating for the Spanish speaking Fierros, and counting money.
Gonzalez-Zambrano transported multiple pounds of methamphetamine from Kansas City to Des Moines for delivery to Fierros. Fierros distributed methamphetamine to his customers in pound to multiple-pound quantities. Over the course of a few months, Fierros distributed over 12 kilograms of methamphetamine, or approximately 28 pounds of methamphetamine. This methamphetamine had a street value of over $1,000,000.
All five individuals were sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. They must also each serve a term of supervised release after the prison term. All are being held in the United States Marshal’s custody until they can be transported to a federal prison. There is no parole in the federal system.
“Methamphetamine is a highly dangerous drug that severely threatens the safety of our communities,” said United States Attorney Deegan. “We remain committed to working with our law enforcement partners to protect the public from dangerous drug dealers and hold accountable those who seek to profit from methamphetamine trafficking.”
The case was prosecuted by Assistant United States Attorney Lisa C. Williams and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of Federal Bureau of Investigation, Iowa Division of Narcotics Enforcement, Tri-County Drug Enforcement Task Force (Waterloo Police Department; Cedar Falls Police Department; Waverly Police Department; Bremer County Sheriff’s Office; Black Hawk County Sheriff’s Office; LaPorte City Police Department; Evansdale Police Department; Hudson Police Department), Mid Iowa Drug Task Force (Marshalltown Police Department; Marshall County Sheriff’s Office; Tama County), and Dubuque Drug Task Force (Dubuque Police Department; Dubuque County Sheriff’s Office).
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-cr-2002.
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Fiscalía Federal Solicita AsistenciaRead the Press Release
SAN JUAN, P.R. – Debido a recientes reportes en los medios sobre casos de acoso sexual contra menores, en particular por parte del individuo Kevin Prósperes Sosa en el municipio de Ciales, la Fiscal Federal Rosa Emilia Rodríguez Vélez junto a la Oficina de Investigaciones de Seguridad Nacional del Servicio de Inmigración y Control de Aduanas (ICE-HSI) y el FBI, exhortan a la comunidad a reportar cualquier incidente de acoso sexual hacia un menor bajo estricta confidencialidad, independientemente sea a través de un medio electrónico o de otra forma. Queremos que las víctimas de Prósperes Sosa lo denuncien lo antes posible; así podremos salvaguardar la seguridad de las jóvenes víctimas.
El acoso cibernético, en muchas de sus modalidades, constituye un crimen federal en contra del sector más vulnerable, nuestros niños, y es una prioridad detenerlo de forma inmediata.
Si tiene información sobre crímenes de acoso sexual y hostigamiento favor de llamar a ICE-HSI a 787-729-6969 ó 1-800-981-3030 o al FBI al 787-754-6000.
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Federal Inmates Sentenced on Weapons ChargesRead the Press Release
BLUEFIELD, W.Va. – United States Attorney Mike Stuart announced today that two inmates at the Federal Correctional Institution at McDowell were sentenced on weapons charges in federal court in Bluefield. These cases were investigated by the Federal Bureau of Prisons. Senior United States District Judge David A. Faber imposed the sentences.
“If I had a nickel for every shank, I’d be a wealthy man,” said United States Attorney Mike Stuart. “Shanks are a danger to law enforcement and our prison support team members. We will never allow our team members to be placed at unnecessary risk. Every inmate we find with a shank or other prohibited item will be prosecuted to the full extent of the law.”
Colin Threadgill, 27, was sentenced to 15 months in prison for possessing a handcrafted weapon known as a “shank.” Threadgill pled guilty in January, admitting that on April 10, 2018, he possessed a shank which a staff member at the prison seized.
Sterling Cleggett, 35, was also sentenced to 15 months in prison. He pled guilty in August to possessing a shank at the prison on May 3, 2018.
Each sentence was imposed to begin following completion of the sentence the inmate was serving at the time he possessed the shank. Assistant United States Attorney John File handled the prosecutions.
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Federal Attempted Robbery and Firearms Charges Filed after Philadelphia Man Received Lenient Plea Deal from the Philadelphia District Attorney’s OfficeRead the Press Release
PHILADELPHIA, PA – United States Attorney William M. McSwain announced today that a federal grand jury returned a two-count indictment against Jovaun Patterson, 30, of Philadelphia. The indictment charges him with one count of attempted robbery which interferes with interstate commerce, 18 U.S.C. § 1951(a), and one count of using, carrying, and discharging a firearm during and in relation to a crime of violence, 18 U.S.C. § 924(c)(1)(A)(iii). These charges stem from an alleged robbery on May 5, 2018, of the KCJ, Inc. convenience store, a business engaged in interstate commerce and located in Philadelphia.
If convicted of the attempted robbery, the defendant faces a maximum penalty of 20 years’ imprisonment; a $250,000 fine; 3 years’ supervised release; and a $100 special assessment. If convicted of the firearms charge, the defendant faces a maximum penalty of lifetime imprisonment, a mandatory term of 10 years’ imprisonment, to be served consecutive to any other sentence imposed; up to 5 years’ supervised release; a $250,000 fine; and a $100 special assessment.
Prior to today’s federal indictment, Patterson was arrested for the May 5, 2018 incident and charged by the Philadelphia District Attorney’s Office 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, possessing an instrument of crime, simple assault, and recklessly endangering another person. On November 15, 2018, the Philadelphia District Attorney’s Office permitted Patterson to enter a negotiated guilty plea to aggravated assault, robbery–threat of immediate serious injury, and possessing an instrument of crime, with a sentence of only 3½ to 10 years’ imprisonment.
“Violent crime is a top priority of the Department of Justice and my Office,” said U.S. Attorney McSwain. “Prosecutors are supposed to advocate for victims, protect the community, and always seek justice. I can assure the citizens of Philadelphia that the prosecutors in 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 do that in each and every case, including this one.”
“ATF remains committed to removing violent offenders from our community,” said Acting Special Agent in Charge Brian Gallagher. “We look forward to continuing to work with our partners at all levels to make our citizens safer.”
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. October 3, 2018, marked one year since the Department of Justice reinvigorated PSN 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.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Philadelphia Police Department and is being prosecuted by Assistant United States Attorney Salvatore Astolfi.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Etcher Family Farms Sentenced for Violating Clean Water ActRead the Press Release
DAVENPORT, IA – On February 26, 2019, Etcher Family Farms; Scott Allen Etcher, age 55; and Benjamin Allen Etcher, age 29, of New London, Iowa, were sentenced by United States District Court Judge Stephanie M. Rose after pleading guilty to Discharge of a Pollutant, announced United States Attorney Marc Krickbaum. Etcher Family Farms was sentenced to five years of organizational probation, a $50,000 fine and a $400 special assessment payable to the Crime Victims’ Fund. Conditions of probation included: the prohibition from discharging any pollutants to a water of a the United States except in compliance with a permit from the approved authority; Etcher Family Farms will establish, implement, and enforce an Environmental Compliance Plan and the organization will not seek early termination from probation until all obligations of the plea agreement are satisfied and the Environmental Compliance Plan has been fully implemented for two years; Etcher Family Farm should pay for independent laboratory analysis of samples collected by either the Iowa Department of Natural Resources or the U.S. Environmental Protection Agency; and Etcher Family Farms will publish a public notice of the agreement and underlying facts in a national trade publication serving the concentration animal feeding operation industry.
Scott Allen Etcher was sentenced to five years of probation and a $25 special assessment payable to the Crime Victims’ Fund. Benjamin Allen McFarland was sentenced to two years of probation and a $25 special assessment payable to the Crime Victims’ Fund.
Etcher Family Farms, Scott Allen Etcher, and Benjamin Allen McFarland pleaded guilty on October 25, 2018. On or about July 22, 2015, at the Etcher Family Farms facility located in New London, McFarland negligently discharged agricultural waste pollutants or negligently caused such pollutants to be discharged. McFarland knew the substance was agricultural waste and this waste was knowingly land applied by McFarland via an umbilical hose, resulting in a discharge from a point source, a concentrated animal feeding operation. The pollutants were directly discharged and went into an unnamed tributary to Big Creek. The act of applying pollutants causing an unpermitted discharge was done under the supervision of the owner and operator of Etcher Family Farms, Scott Etcher.This matter was investigated by the Iowa Department of Natural Resources and the Environmental Protection Agency. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Dutchess County Man Arrested for Mailing Envelopes Containing White Powder to Federal Offices in New York and ConnecticutRead the Press Release
ALBANY, NEW YORK - Jason Pantone, age 34, of Hyde Park, New York, was arrested and charged in a criminal complaint with mailing envelopes containing suspicious white powder to federal offices in New York and Connecticut, announced United States Attorney Grant Jaquith, James Hendricks, Special Agent in Charge of the Albany Field Division of the Federal Bureau of Investigation (FBI), John Grasso, Special Agent in Charge, Social Security Administration, Office of Inspector General (SSA-OIG), New York Field Division, and Joseph Cronin, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Boston Division.
Pantone was charged in a criminal complaint with conveying false information and hoax. He was arrested yesterday afternoon and appeared in federal court in Albany, New York today.
As alleged in the criminal complaint, Pantone is accused of using the U.S. mail to send envelopes containing white power to locations in New York and Connecticut. Each envelope contained suspicious white powder and a note indicating, or implying, that the powder was dangerous or intended to cause harm. The complaint alleges that beginning in February 2019, Pantone mailed envelopes addressed to the Social Security Administration Offices in the towns and cities of Plattsburgh, Binghamton, Utica, West Nyack, White Plains, New York, as well as offices in Hartford and Torrington, Connecticut. The complaint also alleges that additional letters were addressed to United States District Court offices in Syracuse, Binghamton, Albany, Plattsburgh, and Utica. All the envelopes contained a typed note, which said “ANTHRAX.”
All samples of the white powder tested thus far have not contained hazardous material.
The charge of false information and hoax carries a maximum sentence of five (5) years in prison, a one (1) year term of supervised release, and a fine of up to $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
Some of the agencies responding to the receipt of the envelopes containing white powder included the Albany Fire Department HazMat Team, Binghamton Fire Department HazMat, Binghamton Police Department, City of Plattsburgh Fire Department, Utica Fire Department HazMat Team, Utica Police Department, Clinton County Fire and Rescue Department, Connecticut Department of Energy and Environmental Protection, Connecticut State Police, Federal Protective Service, Hartford Fire Department, Hartford Police Department, Torrington Fire Department, Torrington Police Department
This case was investigated by the FBI, the U.S. Postal Inspection Service, Social Security Administration, Office of Inspector General, and the New York State Police. The case is being prosecuted by Assistant U.S. Attorneys Troy Anderson and Stephen Green.
Drug Dealer and Convicted Burglar Pleads Guilty to Iowa Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine pled guilty February 28, 2019, in federal court in Sioux City.
Michael Halstead, 32, from Fort Dodge, Iowa, was convicted of conspiracy to distribute methamphetamine and illegal possession of ammunition. Halstead was previously convicted of burglary in California in 2010.
At the plea hearing, Halstead admitted that from about August 2016 through November 2018, he was involved in a conspiracy that distributed more than seven pounds of methamphetamine in the Fort Dodge and Webster County areas. Halstead arranged for his mother and other family members to transport methamphetamine, marijuana and cocaine, by car and train, from California to Iowa.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Halstead remains in custody of the United States Marshal pending sentencing. On the conspiracy conviction, Halstead faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and five years up to life of supervised release following any imprisonment. On the illegal possession of ammunition conviction, Halstead faces a possible maximum sentence of 10 years’ imprisonment; a $250,000 file, and up to three years of supervised release.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement, Webster County Sheriff’s Office, Fort Dodge Police Department, Iowa Division of Criminalistics Investigation, and the Drug Enforcement Administration.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-3046. Follow us on Twitter @USAO_NDIA.
Detroit Man Arrested for Production, Possession of Child PornographyRead the Press Release
A Detroit man charged with production and possession of child pornography was arrested Tuesday following an investigation by the Michigan ICAC and Homeland Security Investigations.
Gabriel Fournier, 35, was arrested without incident at his place of residence in Detroit for alleged possession and production of child pornography.
The criminal complaint charges that Fournier uploaded images of suspected child sexually abusive material to his Google account, including images/videos capturing the hands-on abuse of a child. The charging document also alleges that Fournier possessed child pornography. An early HSI computer forensics examination of the content revealed images and video of Fournier engaging in criminal sexual conduct with prepubescent minors.
If convicted, Fournier could face a mandatory sentence of 15 years up to 30 years in federal prison.
A complaint is only a charge and is not evidence of guilt. Trial cannot be held on felony charges in a complaint. When the investigation is completed a determination will be made whether to seek a felony indictment.
Danville Drug Trafficker Sentenced to 27 YearsRead the Press Release
LEXINGTON, Ky. – Carl Wayne Bartleson, Jr., 46, of Danville, Kentucky was sentenced today, by Chief U.S. District Judge Karen K. Caldwell, to 324 months in prison following his conviction in October 2018, following a jury trial in federal court. Bartleson was convicted of one count of conspiring to distribute heroin and fentanyl and four counts of distributing those same drugs. Chief Judge Caldwell imposed a 324-month sentence on each of the five counts, to run concurrently.
On February 21, 2017, three people fatally overdosed in Boyle County, Kentucky from the use of controlled substances that included fentanyl, a potent Schedule II controlled substance. Several others overdosed, but survived with the aid of first responders, within a five-day period surrounding the fatalities. The spike in overdoses led the Boyle County Sheriff’s Office to combine forces with the Drug Enforcement Administration, to determine the source of the drugs. The joint investigation led to the arrest and indictment of Bartleson, as a local supplier of heroin, fentanyl and acrylfentanyl, a Schedule I controlled substance that is even more potent than fentanyl.
Bartleson will be required to serve at least 85% of the sentence imposed. Upon his release, he will be under supervision by the United States Probation Office for a period of six years.
“This is yet another example of the tragic impact that heroin, fentanyl, and other powerful opioids are having on our community,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “We have made the prosecution of overdoses a core priority in our Office’s effort to combat this epidemic. This case confirms that law enforcement partnerships are critical to enforcing the law and protecting our community. It should also remind those who choose to distribute this poison in our community that we are committed to this fight and they risk serious and long term consequences for their conduct.”
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Darrell Christopher Evans, Special Agent in Charge, DEA Louisville; and Derek Robbins, Boyle County Sheriff, jointly announced the sentence. Assistant United States Attorneys Todd Bradbury and Francisco Villalobos prosecuted the case on behalf of the United States.
Cohoes Mayor Indicted for Using Campaign Contributions for his Personal BenefitRead the Press Release
ALBANY, NEW YORK – Cohoes Mayor Shawn Morse, age 51, was arrested today on an indictment charging him with defrauding his mayoral campaign and supporters by stealing campaign contributions for his personal benefit.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Morse is charged with one count of conspiracy to commit wire fraud, five counts of wire fraud, and one count of making a false statement to the FBI.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
According to the indictment, from approximately 2013 through 2018, Morse and his campaign treasurer, Ralph Signoracci, solicited and received contributions to his campaign committee, Friends of Shawn Morse, and his political action committee, The Chairman’s PAC, from area businesses and businesspeople. Instead of using the funds for legitimate purposes, at times, Morse directed Signoracci to withdraw funds from the committees’ bank accounts so that Morse could use the funds to pay for his personal expenses.
The indictment further alleges that Morse and Signoracci concealed the nature of these expenditures by falsely reporting the purpose of the expenditures or by not reporting or disclosing them on campaign disclosure reports, as was required of local candidates for public office. The indictment also alleges that on September 24, 2018, Morse provided false information to the FBI when asked about the scheme.
If convicted, Morse faces up to 20 years in prison, a term of post-release supervision of up to 3 years, and a fine of up to $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
Morse appeared today before United States Magistrate Judge Christian F. Hummel and entered a plea of not guilty. He was released with conditions pending a trial before Senior United States District Judge Thomas J. McAvoy.
This case is being investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Megan Kinsella Kistler.
Chinese Telecommunications Device Manufacturer and its U.S. Affiliate Arraigned on Charges of Theft of Trade Secrets, Wire Fraud, and Obstruction of JusticeRead the Press Release
Seattle - Huawei Device Co., Ltd. and Huawei Device USA Inc. were arraigned today on charges of theft of trade secrets conspiracy, attempted theft of trade secrets, seven counts of wire fraud, and one count of obstruction of justice. The companies entered pleas of ‘not guilty.’ Chief U.S. District Judge Ricardo S. Martinez set trial for March 2, 2020.
The indictment, returned by a grand jury last month, details Huawei’s efforts to steal trade secrets from Bellevue, Washington based T-Mobile USA and then obstruct justice when T-Mobile threatened to sue Huawei in U.S. District Court in Seattle. The alleged conduct described in the indictment occurred from 2012 to 2014.
Under the maximum sentencing provisions applicable to corporate entities, Conspiracy and Attempt to Commit Trade Secret Theft are punishable by a fine of up to $5,000,000 or three times the value of the stolen trade secret, whichever is greater. Wire Fraud and Obstruction of Justice are punishable by a fine of up to $500,000.
The charges contained in the indictment are only allegations. A defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendants will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
The case is being investigated by the FBI. The case is being prosecuted by Assistant U.S. Attorneys Todd Greenberg and Thomas Woods of the Western District of Washington, with assistance from the Department of Justice’s National Security Division’s Counterintelligence and Export Control Section.
U.S. Attorney Brian T. Moran has been recused from this matter because of legal representations he undertook before he joined the Department of Justice. Per direction from ethics officials in the Department of Justice, First Assistant U.S. Attorney Annette L. Hayes will act as U.S. Attorney with respect to this matter pursuant to the authority conferred by 28 U.S.C. § 515.
Charleston Man Sentenced for Gun CrimeRead the Press Release
CHARLESTON, W.VA. – United States Attorney Mike Stuart announced today that a Charleston man was sentenced for being a felon in possession of a firearm. Chadwick Taylor, 30, was sentenced to 24 months in prison. The case was investigated by the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“A simple scenario that is repeated over and over again - a felon in possession of a firearm,” said United States Attorney Mike Stuart. “A felon has lost the right to a firearm. We prosecute these types of cases by the barge load and we will seek the toughest sentences available under the law.”
Taylor pled guilty on December 4, 2018, admitting that on June 4, 2018, he was in possession of a firearm and that he is prohibited from being in possession of a firearm due to his prior conviction of a felony offense.
Assistant United States Attorney Chris Arthur handled the prosecution. Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence.
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Cedar Rapids Drug Dealer Sentenced to over 24 Years in Federal Prison for Selling Meth and Illegally Possessing a GunRead the Press Release
A Cedar Rapids man who sold methamphetamine and was involved in a February 6, 2017 shooting in Cedar Rapids was sentenced today to more than 24 years in federal prison.
Jerry Dean Love, age 40, from Cedar Rapids, Iowa, received the prison term after an August 1, 2018, guilty plea to one count of distribution of methamphetamine after a prior felony drug conviction and one count of being a felon in possession of a firearm.
In a plea agreement and at the guilty plea, Love admitted he sold 99% pure methamphetamine to an individual working with law enforcement on October 26, 2016. Love also admitted that he had a firearm on February 6, 2017, when he drove to a gas station located on Edgewood Road SW, in Cedar Rapids, Iowa, and shot the gun in the direction of Johnson Avenue. Love admitted that when he was subsequently taken into custody by a Cedar Rapids police officer, he had the gun, numerous rounds of ammunition, and more methamphetamine he planned to sell. Love admitted he had prior state felony convictions for manufacture and delivery of cocaine base and extortion/ terrorism. Love also admitted he had a prior federal felony conviction for distribution of cocaine base near a school.
Love was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Love was sentenced to 292 months’ imprisonment. He must also serve an 8-year term of supervised release after the prison term. There is no parole in the federal system.
Love is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Patrick Reinert and Special Assistant United States Attorney Drew Inman and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-00012-LRR.
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California Couple Sentenced to Prison Terms on Federal Child Exploitation ChargesRead the Press Release
WASHINGTON – Jorge Castillo, 37, and his girlfriend, Katherine Briones, 43, both of Inglewood, Calif., were sentenced today to prison terms of 25 years and 15 years, respectively, after earlier pleading guilty in the District of Columbia to child exploitation charges.
The announcement was made by U.S. Attorney for the District of Columbia Jessie K. Liu, U.S. Attorney for the Central District of California Nicola T. Hanna, Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, Peter Newsham, Chief of the Metropolitan Police Department (MPD), and Veronica Allende, Director of the New Jersey Division of Criminal Justice.
Both defendants pled guilty on Dec. 18, 2017, to charges of transportation of a minor with intent to engage in criminal activity and production of child pornography. They were sentenced by the Honorable Trevor N. McFadden of the U.S. District Court for the District of Columbia. Following their prison terms, the defendants must register as sex offenders for a period of 25 years. Castillo also will be placed on supervised release for the rest of his life, and Briones will be placed on supervised release for seven years. Briones also was ordered to pay $5,000 to a fund for the victims of sex trafficking.
Castillo is facing pending state charges in New Jersey of first-degree conspiracy to commit child trafficking and second-degree distribution of child pornography.
According to the government's evidence, on March 13, 2017, Castillo contacted an undercover officer with the FBI’s Washington Field Office’s Child Exploitation and Human Trafficking Task Force, through a social network site. Castillo and Briones then continued communications with this undercover officer over the next few weeks, attempting to set up a meeting with an underage girl. During the course of the communications, Castillo also referenced a person on the East Coast who he believed had a similar interest in children; unbeknownst to Castillo, that person was an undercover detective with the New Jersey State Police, who claimed to have access to an underage girl.
Castillo and Briones arranged to have the two girls transported to Los Angeles for the purpose of engaging in sexual acts with them. The defendants planned to provide a hotel room for the purported girls and the two undercover officers. On the day this meeting was to take place – April 4, 2017 - both defendants were arrested at the Los Angeles International Airport. In a search of their cellular telephones, authorities found images of child pornography.
Castillo and Briones have been in custody since their arrests.
This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation and Human Trafficking Task Force, which includes members of the FBI's Washington Field Office and MPD. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was initiated and investigated by the FBI’s Washington Field Office’s Child Exploitation and Human Trafficking Task Force, which is composed of FBI Agents, along with Detectives from the Metropolitan Police Department, Fairfax County, Va., Police, Arlington County Va., Police, Prince William County Va., Police, Alexandria Va., Police, Loudoun County, Va. Sheriff’s Department, Leesburg, Va., Police Department, the U.S. Marshals Service. Additional assistance in this case was provided by the New Jersey Division of Criminal Justice, the New Jersey State Police, the FBI’s Los Angeles Field Office, the Los Angeles Police Department, the U.S. Department of Homeland Security - Homeland Security Investigations, and the U.S. Attorney’s Office for the Central District of California.
The case was prosecuted by Assistant U.S. Attorney Andrea L. Hertzfeld, of the U.S. Attorney’s Office for the District of Columbia, with assistance from Criminal Investigator John Marsh. Assistance also was provided by the U.S. Attorney’s Office for the Central District of California.
Businessman Convicted of Stealing Employer’s Trade Secrets While Planning New Job with Chinese RivalRead the Press Release
CHICAGO — A federal jury has convicted a 30-year employee of a McHenry County manufacturing firm of stealing trade secret information while planning to move to China to work for a rival company.
The jury in U.S. District Court in Chicago on Monday convicted ROBERT O’ROURKE, 59, of Lake Geneva, Wisc., on seven counts of theft of trade secrets. Each count is punishable by up to ten years in prison. U.S. District Judge Andrea R. Wood set sentencing for June 3, 2019.
The conviction was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation. The government is represented by Assistant U.S. Attorneys Shoba Pillay and Christopher V. Parente.
According to evidence at trial, O’Rourke since 1984 worked for Dura-Bar, a Woodstock-based manufacturer of continuous cast-iron products. O’Rourke held the positions of plant metallurgist, quality assurance manager and salesperson, and helped the company develop business in China and other locations. In late 2013, he began several months of negotiations to take a similar job with a rival firm in Jiangsu, China, eventually accepting the position of Vice President.
Evidence at trial revealed that in September 2015, while still employed with Dura-Bar, O’Rourke accepted the job offer in China. He then downloaded electronic data and documents belonging to Dura-Bar without authorization two days before officially leaving the company. The following week, he packed up the proprietary information and went to O’Hare International Airport in Chicago to board a flight to China. Federal authorities intervened at the airport and seized the stolen trade secrets from O’Rourke before he could travel to China.
Buffalo Man Pleads Guilty to Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Torri McCray, 40, of Buffalo, NY, pleaded guilty to possession with intent to distribute, and distribution of, fentanyl, and 10 grams of more of buytryl fentanyl before U.S. District Judge Lawrence J. Vilardo. The charges carry a minimum penalty of five years in prison, a maximum of 40 years, and a fine of $5,000,000.
Assistant U.S. Attorney Brendan T. Cullinane, who handed the case, stated that on four dates between June and August of 2017, the defendant distributed controlled substances, including heroin, fentanyl, U-47700, butyryl fentanyl, and furanyl fentanyl. On August 16, 2017, the Drug Enforcement Administration arrested McCray and recovered from the defendant’s pocket an amount of heroin intended for distribution.
The conviction is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent in Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for August 22, 2019, at 10:30 a.m. before Judge Vilardo.
Buffalo Man Pleads Guilty to Cocaine and Fentanyl Possession and Gun PossessionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Marcus Adside, 30, of Buffalo, NY, pleaded guilty to possession with intent to distribute cocaine and butyryl fentanyl, and possession of firearms in furtherance of a drug trafficking crime before U.S. District Judge Richard J. Arcara. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $1,000,000 fine.
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that in the early morning hours of August 5, 2016, Buffalo Police Officers conducting patrol encountered the defendant on 19th Street near Hampshire Street. As officers drove past, Adside yelled, “I’m not doing nothing!” The defendant then grabbed onto a large bulge in his right front pants pocket and took off running into an alley between two houses on Hampshire Street near 19th Street.
Officers began a foot pursuit, and during the chase, Adside threw a clear baggie containing controlled substances into a backyard area off the alley and a sock containing a loaded firearm over a fence in the same alley. He was apprehended shortly after.
Subsequently, officers recovered a 9mm ammunition magazine containing eight rounds; a sock containing a handgun, a clear plastic baggie containing eight loose glassine envelopes with powder, and one plastic bag holding seven smaller plastic bags containing a total of 70 glassine envelopes with powder. Testing determined that the bags contained butyryl fentanyl and cocaine.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Sentencing is scheduled for June 14, 2019, at 12:30 p.m. before Judge Arcara.
Broward County Resident Sentenced to 14 Years in Prison for Leading a $2 Million Dollar Securities Fraud Scheme that Targeted the ElderlyRead the Press Release
Yesterday, Thomas Michael White, 60, of Parkland, Florida was sentenced to 14 years in prison for leading a multi-year conspiracy that robbed over a dozen senior citizens of their retirement money.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Ron Rubin, Commissioner, Florida Office of Financial Regulation (OFR), made the announcement.
A jury in Miami found White guilty, on December 13, 2018, of one count of conspiracy to commit mail and wire fraud and four counts of mail fraud, in connection with the scheme to fraudulently raise $2 million from over a dozen elderly victims throughout the United States (Case No. 18-60174-CR-Bloom). U.S. District Judge Beth Bloom sentenced White (the mastermind of the fraud scheme) to a total of 168 months in prison. He was also ordered to pay $1,936,400 in restitution to his victims and serve three years of supervised release.
According to the court record, including evidence introduced at trial, White was President and CEO of First Call Ventures, LLC, the parent company of First Call Movers & Transport of Florida, LLC, a moving company that also brokered customer moves for other companies. From November 2011 through mid-2014, White ran the Broward-based moving business’ call center that booked moves throughout the Southeast. He also oversaw a "phone room" out of his corporate offices to raise money from investors. During telephone calls, White and his co-conspirators used false statements, manipulation, and high-pressure tactics to target elderly investors (“vulnerable, elderly victims”) and their retirement money. The victims included retired teachers, farmers, small business owners, and homemakers, from across the United States. When his targets did not have available funds to invest, White tricked them into converting their Individual Retirement Account ("IRA") money and transferring the funds to his corporate bank account. As a result, White and his conspirators were given a total of more than $2 million from over a dozen senior citizens.
In truth and fact, White and his partners used the investors’ money for themselves, including millions in cash and bank check payments. Bank records also demonstrated that over the course of the fraud scheme, White withdrew over $130,000 in investor proceeds at the Seminole Coconut Creek casino. White and his partners siphoned all profits and victim money to their own personal accounts, declared a $1.8 million "loss," and shuttered the business. As a result of the fraudulent scheme, some of the senior citizens are now living on food stamps, lost their homes, or were forced to take on odd jobs for income.
Four other individuals tied to this case and a related indictment previously pled guilty. White's co-defendants, John Kevin Reech, 56, of Delray Beach, Florida, and Joseph Mario Genzone, 53, of Boca Raton, Florida, previously pled guilty. Genzone and Reech were also recently charged by Information for operating a separate offering fraud (Case No. 18-80193-CR-Bloom). Reech pled guilty in both matters and was sentenced to a concurrent term of 51 months' imprisonment. Genzone also pled guilty and on December 21, 2018, Judge Bloom sentenced him in both cases to 41 months' imprisonment, concurrently. Daniel Joseph Touizer, 44, of Aventura, Florida was sentenced to 68 months' imprisonment for leading a similar fraud scheme linked to White and Reech’s criminal conduct (Case No. 17-60286-CR-Bloom). Saul Daniel Suster, 66, of Sunny Isles Beach, Florida, a phone room worker of Touizer's, was sentenced to 30 months’ imprisonment.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI and Florida OFR in this matter. This case was prosecuted by Assistant U.S. Attorney Roger Cruz.
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.
Broward County Resident Pleads Guilty to Distributing Information Pertaining to Explosives OnlineRead the Press Release
A Broward County resident pled guilty today to distributing information pertaining to explosives, destructive devices and weapons of mass destruction.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
Tayyab Tahir Ismail, 33, of Pembroke Pines, Florida, pled guilty to Count 2 of an Indictment that charged him with distributing information pertaining to explosives, destructive devices, and weapons of mass destruction, in violation of Title 18, United States Code, Section 842(p)(2) (Case No. 18-60352-CR-Moore). Ismail is scheduled to be sentenced by U.S. District Judge K. Michael Moore on May 23, 2019, at 2 p.m. Ismail faces a maximum statutory sentence of 20 years in prison, up to 5 years of supervised release and up to a $250,000 fine.
According to the court record, including the agreed upon factual proffer, on or about July 16, 2018, through on or about September 17, 2018, Ismail posted and distributed online documents including, but not limited to, documents containing step-by-step instructions on how to construct a bomb and other explosives, with the intent that the information be used for and in furtherance of an activity that constitutes a federal crime of violence, that is, the use or attempted use of a weapon of mass destruction.
On at least four occasions in or around July, August, and September 2018, Ismail posted bomb making instructions on a the internet, on a social media platform. During that time, Ismail was a member of various rooms within the platform and each of these rooms contained members who support violent jihad. Ismail posted to these various rooms and his postings could be seen by all members of the room in which the information was posted. In and around the same time of Ismail’s postings, other members made postings in support of violent jihad.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI’s Miami Field Office and South Florida’s Joint Terrorism Task Force (JTTF) in this matter. The case is being jointly prosecuted by Assistant U.S. Attorney Karen E. Gilbert of the Southern District of Florida and Trial Attorney Troy Edwards of the National Security Division’s Counterterrorism Section.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Bluefield Man Pleads Guilty to Federal Drug ChargeRead the Press Release
BLUEFIELD, W.Va. – United States Attorney Mike Stuart announced today that a Bluefield, West Virginia, man pled guilty to a drug offense in federal court in Bluefield. Alvin Gardner, 31, pled guilty to distribution of oxymorphone. This case was investigated by the Southern Regional Drug and Violent Crime Task Force.
“The illicit sale of prescription pills is a substantial threat throughout southern West Virginia,” said United States Attorney Mike Stuart. “Whether you are a drug trafficker, drug dealer, drug thug or a drug dealer in a lab coat, we are coming after anyone that perpetuates or perpetuated the opioid crisis. I will do everything in my power to protect the people of West Virginia from the sinister forces undermining our communities and families.”
Gardner admitted that on August 15, 2018, he distributed a quantity of oxymorphone to a confidential informant in Bluefield. He further admitted that he distributed oxymorphone on three other occasions and that on August 21, 2018, he possessed with the intent to distribute approximately 193 oxymorphone pills and 165 oxycodone pills at a residence in Bluefield. Gardner faces up to 20 years in prison when he is sentenced on July 2, 2019.
Assistant John File is handling the prosecution. Senior United States District Judge David A. Faber presided at the plea hearing.
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Beverly Man Arrested for Sending Threatening Letters and White Powder to an Online Dating WebsiteRead the Press Release
BOSTON – A Beverly man was arrested today and charged in federal court in Boston for sending nine letters, one of which contained a white powder, to the online dating website OkCupid.com.
Liam MacLeod, 47, was charged by criminal complaint with mailing threatening communications and conveying false information and hoaxes. He will appear today in federal court in Boston at 3:30 p.m.
According to the complaint, between September and December 2017, OkCupid’s corporate headquarters in Dallas, Texas, received nine mailings containing either threatening communications and/or suspicious substances. All of the mailings were addressed to OkCupid’s Chief Executive Officer (CEO).
It is alleged that on or about Sept. 12, 2017, MacLeod mailed an envelope addressed to OkCupid’s CEO in Dallas containing a suspicious white powder, along with a handwritten letter with the following text:
Greeting from Beverly
Ban me will ya
Welcome to the wonderful world of ANTHRAX
Expect a package within the next couple of days
It won’t be ticking but it should be interesting!
On or about Sept. 14, 2017, MacLeod allegedly mailed another envelope addressed to OkCupid’s CEO in Dallas containing a typewritten letter with the following message, amongst other text:
How’d you like what I sent you? Aww, go take a powder. Oh, the things I have in store for you! I can go on like this for years. How long can you last?
Incidentally, my father was an angel: That’s Hell’s
Angel to you. You see, we have some pull. Take for
example your vehicles. We now know who owns
what, and where each of you parks his.
Hmm, think of the possibilities!
On or about Sept. 20, 2017, the complaint alleges that MacLeod sent a third envelope to OkCupid’s CEO in Dallas. The envelope and its contents, a single piece of white paper, each contained significant red-brown staining consistent with blood. The next day, Sept. 21, 2017, MacLeod mailed another letter addressed to OkCupid’s CEO containing a typewritten letter wherein MacLeod indicated that the red-brown staining on the previous letter was blood infected with the AIDS virus.
It is further alleged that between Oct. 4, 2017 and Dec. 21, 2017, MacLeod mailed five additional envelopes addressed to OkCupid’s CEO in Dallas, each containing threatening communications and/or suspicious substances. Each of these mailings generated a hazmat response by federal law enforcement in order to rule out the presence of active biological or chemical agents. Laboratory testing later confirmed that the substances contained in the envelopes mailed by MacLeod, including the white powdery substance, did not contain hazardous materials.
The charge of false information and hoaxes provides for a sentence of no greater than five years in prison, one year of supervised release and a fine of up to $250,000. The charge of mailing threatening communications 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 upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and David W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division, made the announcement today. The investigation was conducted by the FBI Boston’s Joint Terrorism Task Force, with assistance from the Beverly Police Department. OkCupid and its parent company has been fully cooperative with the investigation. Assistant United States Attorney Jason A. Casey of Lelling’s National Security Unit is prosecuting the case.
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.
Armed Career Criminal Sentenced to 15 Years for Possessing A Firearm and AmmunitionRead the Press Release
Tampa, Florida – Senior U.S. District Judge James Moody, Jr. today sentenced Cedrick Lee Taylor (32, Sarasota) to 15 years in federal prison for possessing a firearm and ammunition as a convicted felon. The court also ordered Taylor to forfeit the firearm and ammunition he used during the offense. Taylor had pleaded guilty on March 14, 2018.
According to court documents, at approximately 1:00 a.m. on July 15, 2017, a deputy from the Sarasota Police Department initiated a traffic stop of a vehicle after smelling the odor of marijuana emanating from it. Taylor was a passenger in that car.
After ordering the occupants out of the car for a vehicle search, the officer observed a red bag on the floor near where Taylor had been sitting. The officer also noticed small baggies that contained a white powdery substance near the red bag. The officer searched the red bag and discovered a loaded firearm and loose ammunition. Taylor later admitted to possessing the firearm. At the time, Taylor had several prior felony convictions and, therefore, was prohibited from possessing firearms or ammunition.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sarasota Police Department. It was prosecuted by Assistant United States Attorney Charlie D. Connally.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Arizona Man Pleads Guilty to Threatening Harvard Black Commencement Attendees in 2017Read the Press Release
BOSTON – An Arizona man pleaded guilty today in connection with posting threats to bomb Harvard and shoot attendees at the Black Commencement event held on May 2017.
Nicholas Zuckerman, 24, pleaded guilty to two counts of transmitting in interstate and foreign commerce a threat to injure the person of another. U.S. District Court Judge Indira Talwani scheduled sentencing for May 23, 2019. In June 2018, Zuckerman was arrested and charged.
On or about May 13, 2017, Zuckerman commented on a post published to Harvard University’s Instagram account, saying: “If the blacks only ceremony happens, then I encourage violence and death at it. I’m thinking two automatics with extendo clips. Just so no n***** gets away.” It is further alleged that on that same date, Zuckerman posted a comment to another Harvard Instagram post, saying: “#bombharvard and end their pro-black agenda.” Several minutes later, Zuckerman commented “#bombharvard” on other users’ posts approximately 11 times over a span of four minutes.
A concerned citizen who saw the posts reported them to the Harvard University Police, who ultimately referred the case to federal authorities.
The charge of transmitting in interstate and foreign commerce a threat to injure the person of another of provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling, Joseph R. Bonavolonta, Special Agent in Charge Federal Bureau of Investigation, Boston Field Division, and Harvard University Chief of Police Francis D. Riley made the announcement today. Assistant U.S. Attorneys Anne Paruti and Scott Garland of Lelling’s Civil Rights Enforcement Team are prosecuting the case.
Apopka Man Sentenced to over 15 Years in Federal Prison for Attempting to Distribute Furanyl FentanylRead the Press Release
Orlando, FL – U.S. District Judge Gregory A. Presnell has sentenced Devin Lashawn Jefferson, II (22, Apopka) to 15 years and 8 months in federal prison for attempting to possess with the intent to distribute furanyl fentanyl. A federal jury found Jefferson guilty of the offense on September 12, 2018.
According to testimony and evidence presented in court, between February and December 2017, Jefferson sent tens of thousands of dollars to recipients in China. In April 2017, U.S. Customs and Border Protection agents intercepted a package from China that was addressed to an Apopka residence that had been associated with Jefferson. The package contained approximately 1 kilogram of furanyl fentanyl, a leading cause of overdose deaths in the Orlando area.
On February 27, 2018, agents conducted a controlled delivery of the package, removing the using furanyl fentanyl and substituting sham substance, and Jefferson retrieved it from the residence. When agents attempted to stop Jefferson, he fled in his car at a high rate of speed thru a school zone and escaped. He was apprehended approximately two weeks later by the U.S. Marshals Service.
Subsequently, U.S. Customs and Border Protection intercepted a second package from China addressed to Jefferson that contained approximately one-quarter of a kilogram of methoxyacetyl fentanyl, another powerful fentanyl analogue.
“Fentanyl is a deadly narcotic wreaking havoc in our communities,” said HSI Tampa Special Agent in Charge James C. Spero. “HSI and our law enforcement partners are committed to dismantling opioid smuggling and today’s sentencing is just one example of how HSI utilizes our broad authorities to combat this epidemic.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, U.S. Customs and Border Protection, the U.S. Postal Service, the Drug Enforcement Administration, the U.S. Marshals Service, and the Orlando Police Department. It was prosecuted by Assistant United States Attorneys Embry J. Kidd and Dana E. Hill.
Ambridge Woman Sentenced for Role in Her Sons’ Fentanyl Trafficking SchemeRead the Press Release
PITTSBURGH, PENNSYLVANIA – Dorothy McCracken was sentenced to 36 months of federal probation for conspiring to distribute fentanyl, United States Attorney Scott W. Brady announced today.
McCracken, 60 of Ambridge, was sentenced by United States District Court Judge Joy Flowers Conti. McCracken’s sentence includes a requirement that she perform 300 hours of community service.
McCracken’s indictment and conviction followed a 2016 investigation into the drug trafficking activities of her sons, Sam McCracken and Wayne McCracken. The investigation led to the interception of wiretapped communications over cell phones used by both McCracken brothers. The phone interceptions confirmed that the McCracken brothers were obtaining large amounts of fentanyl between July and December 2016. The phone interceptions, combined with the service of a search warrant in December 2016, confirmed that they were storing illegal drugs at Dorothy McCracken’s residence with her knowledge and consent.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
A federally administered Organized Crime Drug Enforcement Task Force (OCDETF) conducted the investigation leading to the conviction and sentence in this case. The task force was headed by the Drug Enforcement Administration and was comprised of members drawn from the Pennsylvania Office of the Attorney General, Ambridge Police Department, New Brighton Police Department, Beaver Police Department, Aliquippa Police Department, Moon Township Police Department, Wilkinsburg Police Department, West Mifflin Police Department, Allegheny County Police Department, Duquesne Police Department, Munhall Police Department, Allegheny County Sheriff’s Office, Pittsburgh Bureau of Police, and the Pennsylvania State Police. The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Albion Man Charged with Possessing Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Andrew Campbell, 32, of Albion, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that according to the complaint, in July 2018, an individual (witness) contacted the Orleans County Sheriff's Office after discovering a disturbing video on a desktop computer that belonged to the defendant. The witness and Campbell lived together on and off and Campbell left the computer at the residence when he was made to vacate the residence by the witness in June 2018. The video depicted a 14 year-old girl going to the bathroom. In addition to the desktop computer, Witness 1 also turned over a laptop computer and hard drive.
A forensic analysis of the desktop, laptop, and hard drive revealed 100 image files and 20 video files that contained child pornography.The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing on March 1, 2019.
The complaint is a result of an investigation by the Orleans County Sheriff's Office, under the direction of Sheriff Randy Bower, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Additional charges filed against Lynn Cawthorne and his sister related to defrauding a summer feeding programRead the Press Release
SHREVEPORT, La. – United State Attorney David C. Joseph announced that a federal grand jury returned a superseding indictment today that adds 18 money laundering-related charges to the indictment of Lynn D. Cawthorne, 51, and Belena C. Turner, 47, both of Shreveport.
According to the superseding indictment, the Food and Nutrition Service is an agency of the U.S. Department of Agriculture, which administers the Child Nutrition Programs. The Child Nutrition Programs include the Summer Feeding Service Program (SFSP), which was established to ensure that children in low-income areas continue to receive nutritious meals when school is not in session during the summer.
United Citizens and Neighborhoods (UCAN) is a non-profit corporation that participated as a sponsor in the SFSP. Cawthorne is the president of UCAN and Turner represented herself to be its executive director. The indictment alleges that beginning sometime in early 2011 and continuing until sometime in December 2015, the defendants fraudulently obtained more than $536,000 from the SFSP by engaging in numerous activities to defraud, which included filing claims for reimbursement that greatly inflated the number of eligible meals provided, thus claiming more children were fed at UCAN sites than were actually fed. Based on the inflated payments made pursuant to these false claims, money was transferred to catering companies and other entities controlled by the defendants, all to help conceal the fact that Cawthorne and Turner improperly benefitted from the SFSP. According to the indictment, the defendants engaged in money laundering transactions to conceal the payment of personal expenses. These expenses included private school payments, travel, furniture, clothing, car repairs, meals at restaurants, and campaign expenses.
The defendants face 20 years in prison for each wire fraud and money laundering count. The defendants could also face fines of $250,000 for each wire fraud count and $500,000 for each money laundering count. The first indictment was filed on April 26, 2018 and included eight counts related to wire fraud.
The FBI, Louisiana State Inspector General, Caddo Parish Sheriff’s Office, and the U.S. Department of Agriculture - Office of Inspector General investigated the case. First Assistant U.S. Attorney Alexander C. Van Hook and Assistant U.S. Attorney Tennille M. Gilreath are prosecuting the case.
An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
27 February 2019
Worcester Man Sentenced to 15 Years in Prison for Fentanyl, Cocaine and Firearm OffensesRead the Press Release
BOSTON – A Worcester man was sentenced yesterday in federal court in Worcester for drug and firearm offenses.
Cleon Riley, 36, was sentenced by U.S. District Court Judge Timothy S. Hillman to 15 years in prison and five years of supervised release. In November 2018, Riley pleaded guilty to one count of being a felon in possession of firearms and ammunition, one count of distributing cocaine, and one count of possessing fentanyl with intent to distribute. Riley has been detained since his arrest in May 2018.
On multiple occasions in 2018, Riley sold cocaine to a confidential source in Worcester. On one occasion in February 2018, Riley sold powder cocaine, crack cocaine, and a .9mm Beretta handgun, which had previously been reported as stolen, to the same source.
Riley was arrested by local police in May 2018. At the time of his arrest, he was in possession of seven bags of fentanyl and 20 bags of cocaine. Law enforcement also located additional quantities of fentanyl and cocaine in a car used by Riley, as well as a large quantity of fentanyl, digital scales, cutting agents, and packaging materials in an apartment that Riley used.
United States Attorney Andrew E. Lelling and Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement. Valuable assistance was provided by the Worcester County District Attorney’s Office and the Worcester Police Department. Assistant U.S. Attorney Bill Abely of Lelling’s Criminal Division prosecuted the case.
Wichita Man Indicted on Carjacking, Firearm and Drug ChargesRead the Press Release
WICHITA, KAN. – A federal grand jury today indicted a Wichita man on carjacking and federal firearms charges, U.S. Attorney Stephen McAllister said.
Michael D. Stumbaugh, 39, Wichita, Kan., was charged with one count of carjacking, two counts of unlawful possession of a firearm by a convicted felon, one count of possession with intent to distribute methamphetamine, one count of unlawful possession of a firearm in furtherance of drug trafficking and one count of unlawful possession of a firearm in furtherance of carjacking.
The carjacking is alleged to have occurred Jan. 28, when Wichita police reported a man pointed a handgun at a 70-year-old driver in the 8000 block of East Dresden and stole a 2011 Ford F-150.
The indictment alleges that when Stumbaugh was taken into custody on Feb. 7 he possessed methamphetamine and a gun.
Upon conviction, the crimes carry the following penalties:
Carjacking: Up to 15 years in federal prison and a fine up to $250,000.
Unlawful possession of a firearm by a convicted felon: Up to 10 years and a fine up to $250,000.
Unlawful possession of a firearm in furtherance of a carjacking and/or drug trafficking: Not less than five years and a fine up to $250,000.
Possession with intent to distribute methamphetamine: Up to 20 years and a fine up to $1 million.
The Wichita Police Department and the FBI investigated. Assistant U.S. Attorney Lanny Welch is prosecuting. This case is being prosecuted under the Department of Justice’s Project Safe Neighborhood initiative.
OTHER INDICTMENTS
Ashley Ushamba, 33, Overland Park, Kan., Boniface Frank Nyamayaro, 51, Overland Park, Kan., and Zviravirwa Jehu Rubaba, 27, Dallas, Texas, are charged with one count of conspiracy to commit wire fraud (count one) and mail fraud. In addition, Ushamba is charged with six counts (counts two through seven) of wire fraud, and six counts (counts eight through 13) of aggravated identity theft, two counts (counts 14 and 15) of theft of government funds and one count (count 16) of access device fraud. In addition, Nyamayaro is charged with six counts of aggravated identity theft (counts 8 through 13). The crimes are alleged to have occurred during 2012 through 2014 in Johnson County, Kan.
The indictment alleges the defendants conspired to steal the identities of their victims and to file fraudulent income tax returns using the victims’ identities. The indictment alleges the defendants unlawfully received tax refunds in the form of prepaid debit cards.
Upon conviction, the crimes carry the following penalties:
Count one: Up to 20 years in federal prison and a fine up to $250,000.
Counts two through seven: Up to 20 years in federal prison and a fine up to $250,000.
Counts eight through 13: Not less than two years, consecutive to other sentences on other counts.
Counts 14 and 15: Up to 10 years and a fine up to $250,000.
Count 16: Up to 10 years and a fine up to $250,000.
The Internal Revenue Service investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
Colby D. Elsasser, 26, Arlington, Kan., is charged with one count of unlawful possession of a firearm and ammunition by a convicted felon (count one), one count of unlawful possession of a firearm and ammunition by a user of a controlled substance (count two), one count of unlawful possession of a rifle with a sawed off barrel (count three) and one count of unlawful possession of a silencer (count four). The crimes are alleged to have occurred Nov. 4, 2018, in Rice County, Kan.
If convicted, he faces penalties of up to 10 years in federal prison and a fine up to $250,000 on each count. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney David Lind is prosecuting.
Manuel Herrera-Sandoval, 33, who is a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Jan. 29, 2019, in Sedgwick County, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney David Lind is prosecuting.
Suhail Rosales-Antelo, 42, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. She was found Feb. 8, 2019, in Ellsworth County, Kan.
If convicted, she faces up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney David Lind is prosecuting.
Luis Conteras-Mata, 38, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Jan. 24, 2019, in Rawlins County, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney David Lind is prosecuting.
Francisco Rojas-Huerta, 27, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Jan. 26, 2019, in Sedgwick County, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney David Lind is prosecuting.
Jaime Alberto Pineda-Ortega, 38, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Feb. 14, 2019, in Ellsworth County, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney David Lind is prosecuting.
Brian L. Mitchell, 39, Wichita, Kan., is charged with unlawful possession of a firearm by a convicted felon. The crime is alleged to have occurred Jan. 23, 2019, in Wichita, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Ryan McCarty is prosecuting.
Bryan Dias, 19, and Brandon Garcia, 22, and Terrance Wills, 22, are charged with one count of possession with intent to distribute heroin. The crime is alleged to have occurred Feb. 15, 2019, in Shawnee County.
If convicted, they face a penalty of not less than 10 years in federal prison and a fine up to $10 million. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Stephen Hunting is prosecuting.
Wilbur E. Kirkhart, II, 42, Wichita, Kan., is charged with two counts of unlawful possession of a firearm by a convicted felon (counts one and two), one count of unlawful possession of ammunition by a convicted felon (count three), one count of distributing a controlled substance (count four), and one count of unlawful possession of a firearm in furtherance of a drug trafficking crime (count five). The crimes are alleged to have occurred April 20, 2016, in Sedgwick County, Kan.
Upon conviction, the crimes carry the following penalties:
Counts one and two: Up to 10 years in federal prison and a fine up to $250,000.
Count three: Up to 10 years and a fine up to $250,000.
Court four: Up to 20 years and a fine up to $250,000.
Count five: Up to five years and a fine up to $250,000.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Mark D. Mullins, 34, Wichita, Kan., and Camela A. Blanchard, 35, Wichita, Kan., are charged with one count of making counterfeit bills and two counts of passing counterfeit bills. The crimes are alleged to have occurred in December 2017 and January 2018 in Wichita, Kan.
If convicted, they face up to 20 years in federal prison and a fine up to $250,000 on each count. The U.S. Secret Service investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
Jaasiel Varela-Aniles, 29, who is not a citizen of the United States, is charged with one count of unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found Jan. 15, 2019, in Seward County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney Ryan McCarty is prosecuting.
Teodoro Adame-Ramirez, 42, who is not a citizen of the United States., is charged with unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found Feb. 17, 2019, in Sedgwick County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney Ryan McCarty is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Westbrook Man is Sentenced to Almost Six Years for Interfering and Attempting to Interfere with Commerce by RobberyRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Travis Jonathon Card, 38, of Westbrook, Maine, was sentenced today in U.S. District Court by Judge Nancy Torresen to five years and ten months in prison and three years of supervised for interfering with commerce by robbery. The charges arose from a series of robberies and attempted robberies in the greater Portland area in March and April, 2018. Card pled guilty to the charges in August, 2018.
According to court records, the defendant, brandishing a pellet gun, robbed the Riverton Gas Station, in Portland, on March 20; robbed the Lil’ Mart Gas Station, in Falmouth, on March 21; robbed Good Things Variety, in Westbrook, on March 22; robbed Express Mart, in Cumberland, on March 22; robbed the Daily Grind, in Westbrook, on March 24; attempted to rob China Taste, in Portland, on March 25; robbed Subway, in Westbrook, on March 26; attempted to rob Aroma Joe’s, in South Portland, on March 27; robbed China Eatery, in Old Orchard Beach, on March 29; robbed Gulf Mart, in Westbrook, on April 6; and attempted to rob Moby Dick Variety, in Old Orchard Beach, on April 11.
“For weeks in 2018, the defendant terrorized the greater Portland area,” said U.S. Attorney Frank. “There was no excuse for his behavior. Thanks to the outstanding work of law enforcement agencies, he has now been held accountable.”
The investigation leading to today’s sentencing was conducted by the FBI’s Southern Maine Gang Task Force, which is comprised of agents and officers from the FBI; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Portland, South Portland, and Lewiston Police Departments; in conjunction with the Westbrook, Falmouth, Cumberland, and Old Orchard Beach Police Departments.
Warm Springs Man Pleads Guilty to Involuntary Manslaughter and Illegal Firearm PossessionRead the Press Release
PORTLAND, Ore.—Harold Blackwolf Jr., 35, of Warm Springs, Oregon, pleaded guilty today to two counts of involuntary manslaughter and one count of possession of a firearm as a convicted felon.
According to court documents, on September 28, 2017, Blackwolf was at a friend’s house on the Warm Springs Indian Reservation. While under the influence of alcohol, Blackwolf left his friend’s house and entered his Dodge Durango, a sport utility vehicle. Blackwolf drove away at a high rate of speed with his headlights off. As he was departing, he struck two adult men who were in the road, killing both. Blackwolf, a convicted felon, was arrested on April 20, 2018 and found to be in possession of a single firearm, a Taurus .38 special revolver.
Involuntary manslaughter is punishable by up to eight years in prison, a $250,000 fine and three years’ supervised release. Possessing a firearm as a felon is punishable by up to 10 years in prison, a $250,000 fine and three years’ supervised release. Blackwolf will be sentenced on June 11, 2019 before U.S. District Court Judge Anna J. Brown.
The government will seek an order of restitution on behalf of Blackwolf’s victims at sentencing.
This case was investigated by the FBI and the Warm Springs Tribal Police Department. It is being prosecuted by Benjamin Tolkoff, Assistant U.S. Attorney for the District of Oregon.
Vanguard Healthcare Agrees to Resolve Federal and State False Claims Act LiabilityRead the Press Release
The Department of Justice announced today that Brentwood, Tennessee-based Vanguard Healthcare LLC, and related Vanguard companies (Vanguard) agreed to pay more than $18 million in allowed claims to resolve a lawsuit brought by the United States and the State of Tennessee against them for billing the Medicare and Medicaid programs for grossly substandard nursing home services. Vanguard Healthcare and several related Vanguard companies that have reorganized in bankruptcy agreed to pay more than $5.1 million towards the settlement, and two Vanguard entities that are liquidating in bankruptcy have agreed to $13.5 million in allowed claims in bankruptcy. The settlement agreement also resolves claims brought by the United States against Vanguard’s majority owner and CEO, William Orand, and Vanguard’s former director of operations, Mark Miller, who agree to pay $250,000 as part of this settlement.
“Seniors rely on the Medicare and Medicaid programs to provide them with quality care and to ensure that they are treated with dignity and respect,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “The Department will not tolerate nursing home operators that put their own economic gain ahead of the needs of their residents, and will continue to aggressively pursue those operators who bill Medicare and Medicaid for substandard nursing services.”
The United States and Tennessee filed suit against several Vanguard companies, Miller, and Orand, alleging that they were responsible for five Vanguard-owned skilled nursing facilities submitting false claims to Medicare and Medicaid for nursing home services that were grossly substandard or worthless. In particular, the United States and Tennessee alleged that the five Vanguard nursing facilities failed to administer medications as prescribed; failed to provide standard infection control, resulting in urinary tract infections and wound infections; failed to provide wound care as ordered; failed to take prophylactic measures to prevent pressure ulcers, such as turning and repositioning; used unnecessary physical restraints on residents; and failed to meet basic nutrition and hygiene requirements of residents. The lawsuit further alleged that the defendants were responsible for the submission of hundreds of preadmission forms by these facilities to TennCare, Tennessee’s Medicaid Program, which contained forged nurse or physician signatures.
“Simply stated, our elderly and vulnerable citizens who can’t care for themselves deserve far better treatment than what they were subjected to by Vanguard,” said U.S. Attorney Don Cochran for the Middle District of Tennessee. “The substandard care that many of these facilities’ residents endured while the companies were raiding the public coffers is deplorable. This settlement holds them accountable and the ensuing Corporate Integrity Agreement should ensure that this conduct is not repeated going forward.”
“This office appreciates the hard work of U.S. Attorney Don Cochran and his office,” said Tennessee Attorney General Herbert H. Slatery III. “The size and scope of this settlement sends the important message that nursing home facilities that fail to provide proper care to residents and fraudulently bill Medicaid and Medicare will be held accountable.”
Vanguard is a holding company that owns a chain of subsidiary skilled nursing facilities, including Boulevard Terrace Rehabilitation and Nursing Center in Murfreesboro, Tennessee; Glen Oaks Health and Rehabilitation in Shelbyville, Tennessee; and Manchester Health Care Center in Manchester, Tennessee. Vanguard previously operated three additional facilities in Tennessee, including Crestview Health and Rehabilitation in Nashville; Imperial Gardens Health and Rehabilitation in Madison; and Poplar Point Health and Rehabilitation in Memphis. In addition, Vanguard Healthcare owned Elderscript Services, LLC, in Tupelo, Mississippi, which provided pharmacy services to the Vanguard skilled nursing facilities.
The United States’ claims were brought under the False Claims Act, which imposes treble damages and penalties on those who submit false claims for federal funds. The settlement resolves the governments’ claims that Vanguard, Orand, and Miller caused the Boulevard, Crestview, Glen Oaks, Imperial, and Poplar Point facilities to improperly bill Medicare and Medicaid for worthless nursing home services during the period from 2010 to 2015. The settlement also resolves the governments’ claims that Vanguard, Orand, and Miller caused the Boulevard, Crestview, Glen Oaks, Imperial, and Poplar Point facilities to submit preadmission forms with forged signatures to TennCare in order to be reimbursed by Medicaid from 2012 to 2014. Tennessee’s claims were brought and settled under the Tennessee Medicaid False Claims Act, which prohibits conduct similar to the False Claims Act.
“This nursing home chain allegedly neglected its patients and billed worthless services to Medicare and Medicaid in order to pad their bottom line,” said Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. “This settlement should send a clear message to health care providers that we will do everything in our power to protect our most vulnerable citizens from corporate greed.”
“Investigations like these are important to ensure that the most vulnerable members of our community receive the quality of care they need and deserve,” said Tennessee Bureau of Investigation Director David Rausch. “Indifference by providers like this can greatly impact the lives of those who must depend on service providers-even for their most basic needs. We are fortunate to have this strong partnership between state and federal agencies in the pursuit of false claims.”
Due to the filing of bankruptcy proceedings by the Vanguard entities, the United States anticipates that the total government recovery in this case will ultimately exceed $6 million. Contemporaneously with the settlement announced today, the reorganized Vanguard corporate defendants and Orand further agreed to enter into a chain-wide, quality of care Corporate Integrity Agreement with the United States Department of Health and Human Services, Office of Inspector General, which will remain in effect for five years. The CIA requires a government-selected quality of care monitor to be retained by Vanguard, along with other heightened compliance obligations that are designed to ensure that Vanguard implements and maintains systems to address the quality of resident care.
The case was handled by the Department of Justice Civil Division, Fraud Section; United States Attorney’s Office for the Middle District of Tennessee; and the Tennessee Attorney General’s Office. The investigation was handled by the Tennessee Bureau of Investigation Medicaid Fraud Control Unit and the Department of Health and Human Services, Office of Inspector General. This case was supported by the Department of Justice’s Elder Justice and Nursing Home Initiative, which coordinates the Department’s activities combatting elder abuse, neglect, and financial exploitation, especially as they impact beneficiaries of Medicare, Medicaid, and other federal health care programs. This case was also a product of the Elder Justice Task Force of the United States Attorney’s Office for the Middle District of Tennessee that launched two years ago. For more information about the Department’s Elder Justice Initiative and the Elder Justice Task Force, see https://www.justice.gov/elderjustice/ and https://www.justice.gov/usao-mdtn/elder-justice-task-force.
The case is docketed as United States v. Vanguard Healthcare, LLC, et al., No. 3:16-cv-02380 (M.D. Tenn.). The claims in the complaint are allegations only, and there has been no determination of liability.
Vanguard Healthcare Agrees to Resolve Federal and State False Claims Act LiabilityRead the Press Release
NASHVILLE, Tenn. –February 27, 2019– U.S. Attorney Don Cochran and the Department of Justice announced today that Brentwood, Tennessee-based Vanguard Healthcare, LLC, and related Vanguard companies (“Vanguard”) agreed to pay more than $18 million in allowed claims to resolve a lawsuit brought by the United States and the State of Tennessee for billing the Medicare and Medicaid programs for grossly substandard nursing home services. Vanguard Healthcare and several related Vanguard companies that have reorganized in bankruptcy agreed to pay more than $5.1 million towards the settlement, and two Vanguard entities that are liquidating in bankruptcy have agreed to $13.5 million in allowed claims in bankruptcy. The settlement agreement, approved by U.S. District Court Judge Terrance Berg, sitting by special designation, also resolves claims brought by the United States against Vanguard’s majority owner and CEO, William Orand, and Vanguard’s former director of operations, Mark Miller, who agree to pay $250,000 as part of this settlement.
“Simply stated, our elderly and vulnerable citizens who can’t care for themselves deserve far better treatment than what they were subjected to by Vanguard,” said U.S. Attorney Don Cochran. “The substandard care that many of these facilities’ residents endured while the companies were raiding the public coffers is deplorable. This settlement holds them accountable and the ensuing Corporate Integrity Agreement should ensure that this conduct is not repeated going forward.”
The United States and Tennessee filed suit against several Vanguard companies, Miller, and Orand, alleging that they were responsible for five Vanguard-owned skilled nursing facilities submitting false claims to Medicare and Medicaid for nursing home services that were grossly substandard or worthless. In particular, the United States and Tennessee alleged that the five facilities failed to administer medications as prescribed; failed to provide standard infection control, resulting in urinary tract infections and wound infections; failed to provide wound care as ordered; failed to take prophylactic measures to prevent pressure ulcers, such as turning and repositioning patients; used unnecessary physical restraints on residents; and failed to meet basic nutrition and hygiene requirements of residents. The lawsuit further alleged that the defendants were responsible for the submission of hundreds of preadmission forms by these facilities to TennCare, Tennessee’s Medicaid Program, which contained forged nurse or physician signatures.
“Seniors rely on the Medicare and Medicaid programs to provide them with quality care and to ensure that they are treated with dignity and respect,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “The Department will not tolerate nursing home operators that put their own economic gain ahead of the needs of their residents, and will continue to aggressively pursue those operators who bill Medicare and Medicaid for substandard nursing services.”
Vanguard is a holding company that owns a chain of subsidiary skilled nursing facilities, including Boulevard Terrace Rehabilitation and Nursing Center in Murfreesboro, Tennessee; Glen Oaks Health and Rehabilitation in Shelbyville, Tennessee; and Manchester Health Care Center in Manchester, Tennessee. Vanguard previously operated three additional facilities in Tennessee, including Crestview Health and Rehabilitation in Nashville; Imperial Gardens Health and Rehabilitation in Madison; and Poplar Point Health and Rehabilitation in Memphis. In addition, Vanguard Healthcare owned Elderscript Services, LLC, in Tupelo, Mississippi, which provided pharmacy services to the Vanguard skilled nursing facilities.
The United States’ claims were brought under the False Claims Act, which imposes treble damages and penalties on those who submit false claims for federal funds. The settlement resolves the governments’ claims that Vanguard, Orand, and Miller caused the Boulevard, Crestview, Glen Oaks, Imperial, and Poplar Point facilities to improperly bill Medicare and Medicaid for worthless nursing home services during the period from 2010 to 2015. The settlement also resolves the governments’ claims that Vanguard, Orand, and Miller caused the Boulevard, Crestview, Glen Oaks, Imperial, and Poplar Point facilities to submit preadmission forms with forged signatures to TennCare in order to be reimbursed by Medicaid from 2012 to 2014. Tennessee’s claims were brought and settled under the Tennessee Medicaid False Claims Act, which prohibits conduct similar to the False Claims Act.
“This nursing home chain allegedly neglected its patients and billed worthless services to Medicare and Medicaid in order to pad their bottom line,” said Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. “This settlement should send a clear message to health care providers that we will do everything in our power to protect our most vulnerable citizens from corporate greed.”
"This office appreciates the hard work of U.S. Attorney Don Cochran and his office,” said Tennessee Attorney General Herbert H. Slatery III. “The size and scope of this settlement sends the important message that nursing home facilities that fail to provide proper care to residents and fraudulently bill Medicaid and Medicare will be held accountable.”
“Investigations like these are important to ensure that the most vulnerable members of our community receive the quality of care they need and deserve,” said David Rausch, Director of the Tennessee Bureau of Investigation. “Indifference by providers like this can greatly impact the lives of those who must depend on service providers-even for their most basic needs. We are fortunate to have this strong partnership between state and federal agencies in the pursuit of false claims.”
Due to the filing of bankruptcy proceedings by the Vanguard entities, the United States anticipates that the total government recovery in this case will ultimately exceed $6 million. Contemporaneous with the settlement announced today, the reorganized Vanguard corporate defendants and Orand further agreed to enter into a chain-wide, quality of care Corporate Integrity Agreement with the United States Department of Health and Human Services, Office of Inspector General, which will remain in effect for five years. The CIA requires a government-selected quality of care monitor to be retained by Vanguard, along with other heightened compliance obligations that are designed to ensure that Vanguard implements and maintains systems to address the quality of resident care.
The case was handled by Assistant U.S. Attorney Ellen Bowden McIntyre of the United States Attorney’s Office for the Middle District of Tennessee and Trial Attorney Susan Lynch of the Department of Justice Civil Division, Fraud Section, and the Tennessee Attorney General’s Office. The case was investigated by the Tennessee Bureau of Investigation, Medicaid Fraud Control Unit and the Department of Health and Human Services, Office of Inspector General. This case was supported by the Department of Justice’s Elder Justice and Nursing Home Initiative, which coordinates the Department’s activities combatting elder abuse, neglect, and financial exploitation, especially as they impact beneficiaries of Medicare, Medicaid, and other federal health care programs. This case is a product of the Elder Justice Task Force of the United States Attorney’s Office for the Middle District of Tennessee that launched two years ago. For more information about the Department’s Elder Justice Initiative and the Elder Justice Task Force, see https://www.justice.gov/elderjustice/ and https://www.justice.gov/uaso-mdtn/elder-justice-task-force.
The case is docketed as United States v. Vanguard Healthcare, LLC, et al., No. 3:16-cv-02380 (M.D. Tenn.). The claims in the complaint are allegations only, and there has been no determination of liability.
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VR Labs Principals Found Guilty of Scheme to Defraud Lee County of Millions in Grant Program FundsRead the Press Release
Fort Myers, FL – A federal jury has found Kay F. Gow (68, Naples), Robert T. Gow (77, Naples), and John G. Williams, Jr. (67, Virginia Beach, VA) guilty of conspiracy to commit wire fraud and wire fraud. The Gows were also found guilty of conspiracy to commit money laundering and illegal monetary transactions. Each defendant faces a maximum penalty of 5 years in federal prison for the conspiracy to commit wire fraud count and up to 20 years’ imprisonment for each wire fraud count (Gows: 4 counts each, Williams: 2 counts). The Gows each also face up to 10 years in federal prison for conspiracy to commit money laundering and for each count (4) of illegal monetary transactions. And the defendants face the forfeiture of more than $5.1 million in proceeds traceable to the offenses. All three are scheduled to be sentenced on May 20, 2019.
According to the evidence presented at trial, the Gows owned and controlled multiple entities, including HerbalScience Group, LLC, and HerbalScience Singapore Pte, Ltd. In 2010, the Gows formed VR Laboratories, LLC, in order to apply for a $5 million grant from Lee County through the Financial Incentives for Recruiting Strategic Targets (“FIRST”) program. The FIRST program consisted of taxpayer funds set aside by the county to bring economic development projects to the Ft. Myers area. In seeking the FIRST grant, the Gows made numerous false and fraudulent representations to various individuals and government entities about their financial success and that of HerbalScience and VR Labs, including that VR Labs was poised to become a leading global formulator and manufacturer of botanical pharmaceuticals. Ultimately, Lee County awarded VR Labs $5 million in FIRST grant funds to build a manufacturing facility that the Gows had claimed would bring hundreds of high-paying jobs and economic growth to Lee County.
Once VR Labs executed an agreement with Lee County, Williams, a long-time friend of the Gows, registered a fictitious name, “Williams Specialty Bottling Equipment,” with the Florida Secretary of State. The Gows then represented that Williams would provide the bottling line for the manufacturing facility, when he had no such experience or expertise. Williams used false and fraudulent invoices for work and services allegedly performed on the bottling line to make demands for payment and, once paid, kicked back a substantial portion of the funds to VR Labs and the Gows. The Gows then used Williams’s false and fraudulent invoices to justify requests to Lee County for the payment of the grant money. Once VR Labs received the grant funds, the Gows fraudulently transferred those funds to entities they owned and controlled, and ultimately to themselves, by disguising the transfers as licensing fees, salaries, expenses, and other items. They also tried to conceal the source of the kickbacks through the creation of fictitious entities and documents.
Ultimately, Lee County disbursed approximately $4.7 million in FIRST grant funds to VR Labs, but the manufacturing facility was never completed or operational.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Rachelle DesVaux Bedke and Michael Leeman.
U.S. Court of Appeals Affirms Conviction and Sentence of New Hampshire Man Sentenced to Life in Prison for Charges Arising Out of Saco Home InvasionRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that the First Circuit Court of Appeals yesterday affirmed the conviction and 20 years plus life in prison sentence of Gregory Owens, 62, formerly of Londonderry, New Hampshire, imposed in July 2016 in U.S. District Court by Judge Nancy Torresen. After a 10-day jury trial in February 2016, Owens was convicted of interstate domestic violence and using and discharging a firearm during and in relation to a crime of violence in connection with a home invasion shooting in Saco, Maine on December 18, 2014.
According to trial testimony, Owens drove from New Hampshire to Maine intending to kill his wife who was an overnight guest at the home of friends living in Saco. During the home invasion, Owens shot his wife and the male home owner with a 9mm pistol. Both survived their injuries.
On appeal, Owens primarily challenged the district court’s suppression rulings, the sufficiency of the evidence at trial, and his sentence.
“This was an egregious crime by a remorseless criminal,” said U.S. Attorney Halsey B. Frank. “As the First Circuit recognized, it was solved by great police work. The Saco (ME) Police Department; the Londonderry (NH) Police Department; the Maine and New Hampshire State Police; the FBI; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Maine State Police Crime Laboratory are all to be commended for their great work in solving this difficult case.”
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
U.S. Attorney’s Office and Law Enforcement Partners Announce Expansion of “Project EJECT” to NatchezRead the Press Release
Natchez, Miss. - Today, Mike Hurst, the United States Attorney for the Southern District of Mississippi, along with the Natchez Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Adams County Sheriff’s Office, the local District Attorney’s Office, and other federal, state and local law enforcement agencies, announced the expansion of an initiative to combat violent crime called "Project EJECT" into Adams County and the City of Natchez.
Launched by the U.S. Attorney’s Office for the Southern District of Mississippi in December 2017 in the City of Jackson under the U.S. Department of Justice’s Project Safe Neighborhoods ("PSN") initiative, Project EJECT is designed as an enhanced violent crime reduction program that incorporates decades of experience in bringing various levels of law enforcement together with stakeholders in the community, with the overall goal of producing a long-term, meaningful reduction in and prevention of violent crime.
In expanding the initiative into other parts of the Southern District of Mississippi, Project EJECT now stands for: "Empower Justice Expel Crime Together."
Joined by law enforcement in Natchez, U.S. Attorney Hurst described the project as a multi-disciplinary, holistic approach that combines law enforcement arrests and prosecutions of violent criminals with prevention efforts, rehabilitation and reentry, educational initiatives, and improved communication.
"Project EJECT will serve as a force multiplier in the City of Natchez and Adams County, bringing federal agents, prosecutors, training and additional services to help the citizens of Natchez tackle and prevent violent crime. We have a simple messages to criminals: if you violate our laws and terrorize our neighbors, you will be ejected from our community. But, we also intend to work with offenders to help them get back on their feet before they are released, and we will work with the youth to educate them on making the right choices. At the end of the day, we all want safer communities," said U.S. Attorney Hurst.
The mission of Project EJECT is to reduce violent crime and make Natchez neighborhoods safer for all to enjoy. Part of the project will include discussions with the public and encouraging communities to help law enforcement in this effort, as well as communicating to the criminals that they will be prosecuted and punished for gun crimes and violent crimes. The Project will also seek to support locally-based efforts to stop violence and crimes before they occur and to help those who have been punished to reenter society as law-abiding citizens.
Project EJECT is comprised of a number of federal law enforcement agencies, as well as task force officers from various state and local investigative agencies, who will interact regularly with the Natchez Police Department and the District Attorney’s Offices to identify and respond to violent crimes when they occur. Cases arising from these crimes will then be presented to the local District Attorney’s Offices and the U.S. Attorney’s Office for prosecution.
For the first time ever, the U.S. Attorney’s Office is specifically dedicating an Assistant United States Attorney to prosecute violent crime in the City of Natchez under this project.
Project EJECT follows a directive from former U.S. Attorney General Jeff Sessions to the U.S. Department of Justice to reinvigorate DOJ’s Project Safe Neighborhoods with the intent to reduce the rising tide of violent crime in America. Project EJECT is the Southern District of Mississippi’s PSN initiative specifically tailored to address violent crime throughout the district.
In December 2018, at the 2018 Project Safe Neighborhoods (PSN) National Conference, Acting Attorney General Matthew Whitaker presented the U.S. Attorney’s Office for the Southern District of Mississippi and its law enforcement partners with the award for Outstanding Overall Partnership/Task Force for Project EJECT. Only 16 awards were given during the annual PSN National Conference, which recognize individuals and groups for their dedication and contribution to the success of PSN. Project EJECT was one of only two recognized as the best partnerships or task forces in the nation.
In expanding Project EJECT into Natchez, the U.S. Attorney’s Office continues to lead the Project, with First Assistant U.S. Attorney Darren LaMarca and Criminal Chief Courtney Coker guiding the task force initially, Assistant U.S. Attorney Bert Carraway serving as the primary prosecutor for violent cases under Project EJECT in Natchez, and Assistant U.S. Attorney Candace Mayberry in Jackson serving as the Project Safe Neighborhoods Coordinator for the entire Southern District of Mississippi.
U.S. Attorney Stands with Middle District Law Enforcement, Crimestoppers for Safer CommunitiesRead the Press Release
MACON –United States Attorney Charles “Charlie” E. Peeler stood alongside law enforcement leadership from across the Middle District of Georgia today in support of the region’s collective efforts to make communities safer and deter crime. Macon Regional Crimestoppers, a community-run organization dedicated to increasing the safety of citizens, announced on Tuesday, February 26, 2019 a new quarterly initiative offering a $1,000 reward for the Top 15 Most Wanted within an eight-county area. U.S. Attorney Peeler joined Bibb County Sheriff David Davis and U.S. Marshal John Cary Bittick in vocal support of the non-profit’s dedicated efforts to reduce criminal activity.
“It is imperative that our citizens know there are safe ways for them to report criminal activity, and that many times our cases are founded on the courage of one citizen willing to report a crime,” said Charles “Charlie” E. Peeler, U.S. Attorney for the Middle District of Georgia. “I am thankful for community groups like Crimestoppers who demonstrate a high level of support for our law enforcement. Crimestoppers relentlessly keeps a spotlight on the most dangerous wanted individuals in our community, and they are making a difference.”
“The Bibb County Sheriff’s Office is proud to partner with the U.S. Attorney, U.S. Marshals and Macon Regional Crimestoppers in this new crime fighting initiative,” said David Davis, Bibb County Sheriff. “We owe it to our communities to make every effort to keep innocent citizens out of harm’s way by putting dangerous perpetuators behind bars.”
“Reducing violent crime is a priority for the USMS. I believe that partnerships with the community and our state, local and federal law enforcement partners are the backbone of any effort that will significantly reduce crime,” said John Cary Bittick, U. S. Marshal for the Middle District of Georgia. “I am committed to providing the time and resources of my office to this and any other program that will accomplish this task for middle Georgia.”
“Macon Regional Crimestoppers is committed to helping keep our Communities safe,” said Warren Selby, Jr., Chairman of Macon Regional Crimestoppers. “The removal of these individuals, from our Neighborhoods, will help us achieve this goal. We need our Citizens to help us locate these Criminals. Make the Call!"
This quarter’s Top 15 Most Wanted can be viewed at the Macon Regional Crimestoppers website at www.crimestop.us. All of the defendants are presumed innocent until and unless proven guilty in a court of law beyond a reasonable doubt. Macon Regional Crimestoppers is a local non-profit serving the Bibb, Baldwin, Houston, Jones, Twiggs, Crawford, Monroe, and Peach regional areas. The organization partners with law enforcement agencies and community groups to provide anonymous rewards for tips that lead to criminal arrests. Citizens can safely and anonymously report tips at 1-877-68CRIME.
Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
U.S. Attorney Announces Charges Against 11 Defendants for Sex Trafficking and Related OffensesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), and Geraldine Hart, Commissioner of the Suffolk County Police Department, announced today the unsealing of an indictment charging 11 defendants with 15 counts of participating in the sex trafficking of, and related conduct victimizing, at least 10 young women. Nine defendants were arrested today and will be presented this afternoon before the Honorable Ona T. Wang, United States Magistrate Judge. Two additional defendants are in state custody and will be presented in federal court on a future date.
U.S. Attorney Geoffrey S. Berman said: “The alleged conduct of these 11 defendants against women is as callous as it is alarming. Today’s indictment alleges they operated a pay-for-sex business with their clients, while they threatened, intimidated, and coerced their female ‘employees’ to participate in commercial sex acts for money. The unconscionable crime of sex trafficking is a societal problem that disproportionally preys upon our communities’ most vulnerable: women and children. If you have knowledge of sex trafficking crimes, you should immediately call 212-384-5000.”
FBI Assistant Director William F. Sweeney Jr. said: “There is a common belief that the victims of human sex trafficking aren’t truly victims. However evidence in this investigation shows the suspects allegedly used whatever means necessary to control and abuse these victims just to make money. The FBI New York Child Exploitation and Human Trafficking Task Force not only goes after the pimps and others involved in human trafficking, but we do all we can to help those girls who are being sold to start their lives again.”
Suffolk County Police Commissioner Geraldine Hart said: “The takedown of this alleged sex trafficking ring in Suffolk County is crucial in stopping predators who target the vulnerable for financial gain as well as support the victims in getting the necessary assistance they deserve. The success of this operation is why we work with our law enforcement partners and I commend the commitment of our department’s Human Trafficking Investigations Unit, NYPD, and the FBI, which led the investigation.”
New York City Police Commissioner James P. O'Neil said: “Today’s charges further affirm the NYPD’s unwavering commitment to protecting the survivors of sex trafficking. This crime is among the most heinous in our society. Our job is to ensure that anyone who would seek to profit through the abuse and exploitation of another human being be brought to justice swiftly and successfully. To that end, I thank and commend the U.S. Attorney’s Office for the Southern District, the FBI, and the Suffolk County Police Department for their support in building this critical case. Together, we will continue to make the safest large city in the nation even safer.”
As alleged, defendants LORENZO RANDALL, JUSTIN RIVERA, DWAYNE ANTHONY CONLEY, RICARDA DIAMOND, and BRIAN SMITH conspired to commit sex trafficking through force, threats of force, fraud, or coercion. In furtherance of the conspiracy, RANDALL allegedly punched, choked, and spit on certain of the victims. The indictment further alleges that RIVERA physically assaulted and brandished a dangerous weapon at a second victim. Allegedly knowing that this second victim was addicted to heroin, RIVERA withheld heroin from her unless she engaged in commercial sex acts at his direction and for his profit. Similarly, CONLEY is alleged to have physically assaulted a third victim, who was also a heroin addict, and provided her with heroin in exchange for her engagement in commercial sex acts on his behalf.
DIAMOND allegedly conspired with RANDALL to transport a victim to locations where she engaged in commercial sex acts caused by RANDALL’s force and threats of force. And SMITH allegedly arranged for hotels rooms to be used by women, including the first victim, who were engaging in commercial sex acts on RANDALL’s behalf.
Defendants RANDALL, CARL ANDREWS, GERALDINE FAUSTIN, and FRANKLYN FRANCISCO are alleged to have been members of a second conspiracy to commit sex trafficking through force, threats of force, fraud, or coercion. As alleged, FRANCISCO recruited a victim to engage in commercial sex acts on behalf of ANDREWS, knowing that the victim was addicted to controlled substances. ANDREWS is alleged to have falsely represented to that victim that ANDREWS would compensate her financially for engaging in commercial sex acts on his behalf. ANDREWS is also alleged to have withheld from that victim the controlled substances to which she was addicted unless she engaged in commercial sex acts at his direction and for his profit. RANDALL allegedly reserved a hotel room for the purpose of the fourth victim engaging in a commercial sex act, and FAUSTIN allegedly transported the fourth victim to locations where she engaged in commercial sex acts.
In addition, RANDALL is charged with four separate counts of sex trafficking by force, threats of force, fraud, or coercion, in connection with the trafficking of three victims. ANDREWS is also charged with one count of sex trafficking of a victim by force, threats of force, fraud, or coercion.
Defendants ANTHONY DARBY and KARI PARKER are charged with two counts of violating the Mann Act for knowingly transporting two victims to multiple states, including New York and Connecticut, with the intent that those victims engage in prostitution. DIAMOND is also charged with a violation of the Mann Act for knowingly transporting a victim to multiple states, including New York and Connecticut, with the intent that the victim engage in prostitution.
Along with defendant MAGEN MOREAU, DARBY is further charged with conspiracy to violate the Travel Act. Specifically, MOREAU and DARBY allegedly published advertisements on the Internet offering commercial sex acts in the Southern District of New York and elsewhere.
DARBY and PARKER are also charged with conspiracy to violate the Travel Act. As alleged, DARBY and PARKER used an account held by PARKER with a classifieds website to publish advertisements on the Internet offering commercial sex acts in the Southern District of New York and elsewhere.
In addition to the six charges against him discussed previously, RANDALL is charged with two counts of conspiring to violate the Travel Act. With respect to the first of those conspiracies, RANDALL allegedly used a telephone to direct a co-conspirator not named in the indictment to promote, manage, establish, carry on, and facilitate the promotion, management, establishment, and carrying on of prostitution. Regarding the second, RANDALL allegedly instructed ANDREWS – who is also charged in the second Travel Act conspiracy – how to purchase and publish an advertisement for a commercial sex act on the Internet, which ANDREWS ultimately did. Lastly, in the ninth charge filed against him in the indictment, RANDALL is charged with violating the Travel Act, with respect to illegal prostitution.
According to the indictment, at least 10 young women were victims of the defendants’ crimes. The charged conduct occurred, as detailed in the indictment, between 2012 and 2018.
* * *
Charts containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of Special Agents from the U.S. Attorney’s Office for the Southern District of New York, detectives from the Suffolk County Police Department, and Special Agents from the FBI’s New York Child Exploitation and Human Trafficking Task Force.
The prosecution of this case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Daniel H. Wolf and Benjamin Woodside Schrier are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
COUNT
DEFENDANT(S)
AGE & PLACE OF RESIDENCE
MAX. TERM OF IMPRISONMENT
Count One: Conspiracy to Commit Sex Trafficking
(18 U.S.C. § 1594(c))
Lorenzo Randall
Justin Rivera
Dwayne Conley
Ricarda Diamond
Brian Smith
Age 29, Bay Shore, NY
Age 29, Bay Shore, NY
Age 50, Bay Shore, NY
Age 37, Mastick, NY
Age 30, Central Islip
Life
Count Two: Conspiracy to Commit sex Trafficking
(18 U.S.C. § 1594(c))
Lorenzo Randall
Carl Andrews
Geraldine Faustin
Franklyn Francisco
Age 29, Bay Shore, NY
Age 45, Bay Shore, NY
Age 30, West Babylon, NY
Age 38, Central Islip, NY
Life
Count Three: Sex Trafficking by Force, Threats of Force, Fraud, or Coercion (18 U.S.C. §§ 1591(a), (b)(1) and 2)
Lorenzo Randall
Age 29, Bay Shore, NY
Life; Mandatory Minimum Sentence of 15 Years
Count Four: Sex Trafficking by Force, Threats of Force, Fraud, or Coercion (18 U.S.C. §§ 1591(a), (b)(1) and 2)
Lorenzo Randall
Age 29, Bay Shore, NY
Life; Mandatory Minimum Sentence of 15 Years
Count Five: Sex Trafficking by Force, Threats of Force, Fraud, or Coercion (18 U.S.C. §§ 1591(a), (b)(1) and 2)
Lorenzo Randall
Age 29, Bay Shore, NY
Life; Mandatory Minimum Sentence of 15 Years
Count Six: Sex Trafficking by Force, Threats of Force, Fraud, or Coercion (18 U.S.C. §§ 1591(a), (b)(1) and 2)
Lorenzo Randall
Age 29, Bay Shore, NY
Life; Mandatory Minimum Sentence of 15 Years
Count Seven: Sex Trafficking by Force, Threats of Force, Fraud, or Coercion (18 U.S.C. §§ 1591(a), (b)(1) and 2)
Carl Andrews
Age 45, Bay Shore, NY
Life; Mandatory Minimum Sentence of 15 Years
Count Eight: Mann Act (18 U.S.C. §§ 2421(a) and 2)
Anthony Darby
Kari Parker
Age 26, Mastick, NY
Age 22, Mastick, NY
10 Years
Count Nine: Mann Act (18 U.S.C. §§ 2421(a) and 2)
Anthony Darby
Kari Parker
Age 26, Mastick, NY
Age 22, Mastick, NY
10 Years
Count Ten: Mann Act (18 U.S.C. §§ 2421(a) and 2)
Ricarda Diamond
Age 37, Mastick, NY
10 Years
Count Eleven: Conspiracy to Violate the Travel Act (18 U.S.C. § 371)
Anthony Darby
Magen Moreau
Age 26, Mastick, NY
Age 29, Bay Shore, NY
5 Years
Count Twelve: Conspiracy to Violate the Travel Act (18 U.S.C. § 371)
Anthony Darby
Kari Parker
Age 26, Mastick, NY
Age 22, Mastick, NY
5 Years
Count Thirteen: Conspiracy to Violate the Travel Act (18 U.S.C. § 371)
Lorenzo Randall
Age 29, Bay Shore, NY
5 Years
Count Fourteen: Conspiracy to Violate the Travel Act (18 U.S.C. § 371)
Lorenzo Randall
Carl Andrews
Age 29, Bay Shore, NY
Age 45, Bay Shore, NY
5 Years
Count Fifteen: Travel Act (18 U.S.C. § 371)
Lorenzo Randall
Age 29, Bay Shore, NY
5 Years