Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
28 February 2019
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.
# # # # #
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
Two More IDOC Correctional Officers Sentenced for Crimes Stemming from FBI StingRead the Press Release
BOISE - This week, two more former IDOC correctional officers were sentenced for committing drug trafficking crimes as part of a public corruption sting operation, U.S. Attorney Bart M. Davis announced. U.S. District Judge B. Lynn Winmill sentenced Richard McCollough, 37, to 97 months in prison and Timothy Landon, 36, to 41 months in prison. Both will be placed on supervised release for three years after their release from prison.
The case stems from a sting operation initiated by the FBI at IDOC’s request to weed out corruption among IDOC correctional officers. The FBI was able to locate corrupt prison guards by using undercover agents who invited the guards to commit crimes outside of IDOC’s facilities. The defendants believed that the undercover agents they were assisting were large‑scale drug traffickers. The guards provided security and completed other tasks for the undercover agents during staged deliveries of drug loads and drug money. No drugs were in the sole possession of the defendants, and no drugs or other contraband were brought into any IDOC facility as part of these operations.
McCollough pleaded guilty to two counts of possession of a firearm in furtherance of a drug trafficking crime. He joined Landon and co-defendant Erik Thompson, 37, in several operations for the purported drug trafficking organization. This included participating in moving large quantities of drugs and counting large amounts of cash that were delivered to the purported drug trafficking organization.
Landon pleaded guilty to one count of conspiracy to aid and abet drug trafficking. He participated in one major operation with McCollough and Thompson before splitting off to conduct other operations with co-defendant Robert Wallin, 36, who was sentenced to 37 months in prison on February 21, 2019.
Thompson is scheduled to be sentenced on April 7, 2019 before Judge Winmill at the federal courthouse in Boise.
In addition to the FBI, the Boise Police Department, the Meridian Police Department, IDOC’s Special Investigations Unit, and the Ada County Prosecutor’s Office participated in the investigation.
# # #
Two Defendants Charged in Connection with Alleged Multimillion-Dollar Investment Fraud SchemeRead the Press Release
Two individuals were charged in an indictment filed today for their alleged roles in a multimillion-dollar scheme involving purported investments in a start-up financial technology company.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Halsey B. Frank of the District of Maine, Special Agent in Charge Joseph Bonavolonta of the FBI’s Boston Field Office and Special Agent in Charge Kristina O’Connell of the IRS Criminal Investigation (IRS-CI) in Boston made the announcement.
Michael A. Liberty, 58, of Windermere, Florida, and Paul E. Hess, 63, of Braintree, Massachusetts, were each charged in an indictment filed in the District of Maine with one count of conspiracy to commit wire fraud, four counts of wire fraud and one count of securities fraud. In addition, Liberty was charged with one count of conspiracy to commit money laundering and three counts of money laundering.
The indictment alleges that, beginning in 2010, Liberty and Hess solicited investments in Mozido, a privately held financial technology start-up company that offered users an ability to make payments using their mobile phones. Liberty and Hess allegedly raised millions of dollars from investors telling them, among other things, that their money would be used to fund Mozido’s business operations and that Hess was not being paid to raise the money. The indictment alleges that a substantial amount of the money did not go to Mozido, that a portion of the money was diverted to pay Liberty’s personal expenses, and that Hess received commissions and other payments in return for the money he raised from investors.
The charges in the indictment are merely allegations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The FBI’s Portland, Maine Resident Agency and IRS-CI are investigating the case. Trial Attorneys Michelle Pascucci and Matthew Sullivan of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Donald Clark of the District of Maine are prosecuting the case.
Individuals who believe they may be a victim in this case should contact the Victim Witness Services Unit of the U.S. Attorney’s Office for the District of Maine at (207) 780-3257 for more information.
Tuskegee Woman Sentenced to Seven Years in Prison for Defrauding Online Shoppers and Firearms ChargesRead the Press Release
Montgomery, Alabama- On February 25, 2019, Tanya Lee English, (a/k/a Tanya Roberts and Tanya Wilson), 44, of Tuskegee, Alabama, was sentenced to 84 months in federal prison for wire fraud, aggravated identity theft, and federal firearms charges, announced U.S. Attorney Louis V. Franklin, Sr., and Postal Inspector in Charge of the Houston Division Adrian Gonzalez. There is no parole in the federal system. In addition to the seven-year prison sentence, English is subject to three years of supervision once released and was ordered to pay $119,550.15 in restitution.
Evidence showed that English ran a wire fraud scheme out of her home from April 2013 to July 2017. As part of that scheme, English posted ads on Craigslist and eBay listing high-end baby strollers such as “Uppababy Vista” and “Bugaboo Donkey” for sale. These strollers retailed for $900 to $1,500 each. English listed pictures of these strollers with a sale price range from $599 to $900, or sometimes she would have the buyers bid on the strollers. After English and a buyer agreed on a price and shipping details, English asked them to send the money through PayPal. After the buyer wired the money to English, they would never hear from her again and never received a stroller.
English would deposit the money she received onto General Purpose Reloadable (GPR) cards issued by various banks. Once the money was deposited on these GPR cards, English would either make ATM cash withdrawals or use the cards to make purchases.
Approximately 200 buyers submitted a payment to English for a stroller. Additionally, 600 more buyers attempted to send a payment to English, but PayPal fraud investigators were able to stop the transactions and reverse payment back to the buyers. PayPal’s actual loss from this scheme was $119,550.51. However, had all the additional transactions gone through, the loss would have been over $277,000.00.
Another part of this scheme was that English used the personal identifying information of real people to create forty-one different PayPal accounts. The accounts were discovered after they were sent to collections due to a negative balance. At that point, the innocent individuals reported they did not have a PayPal account and that their identities had been stolen. Agents confirmed this by linking the Pay Pal accounts to English through her internet IP address, her name, and a shipping address in Tallassee, Alabama.
While executing the arrest warrant for the wire fraud and identity theft charges, agents found a number of firearms and ammunition in the home of English and her husband, Timothy Andre English. Both English and her husband had previous felony convictions and were each charged with being a felon in possession of a firearm. Timothy English was sentenced to 18 months in prison back in July of 2018.
Additionally, evidence at English’s sentencing indicated that while she was on release in the fraud and firearms case, the United State Postal Inspector Service and the Lee County Sheriff’s Office became aware of citizen complaints in Lee County that English was again engaging in fraudulent activities. The new allegations indicate that English was employing a scheme to solicit donations for domestic violence victims, such as baby items, items for women, and gift cards for her own benefit. Testimony indicated that she profited from the collection and re-sale of the donated items, and was allegedly using the gift cards and some of the items for her own personal use.
“Ms. English, like many thieves, prey on their victims using the internet,” stated U.S. Attorney Franklin. “She swindled legitimate buyers out of their hard earned money, and tried to cover her tracks using the stolen identities of innocent people. My office is committed to working with law enforcement to identify these crooks and make them pay for their crimes. Consumers should always be cautious when making online purchases and report any unusual activity immediately. Banks and online payment systems have fraud departments that can limit losses if they are notified in time to take action.”
“When Ms. English received bank cards delivered by the Postal Service and then used those items to commit fraud, that small detail drew the attention of Postal Inspectors,” said Inspector in Charge Adrian Gonzalez, Houston Division. “The U.S. Postal Inspection Service is proud to have worked with our law enforcement partners while protecting the sanctity of the U.S. Mail for public commerce.”
The wire fraud and aggravated identity theft case was investigated by the United States Postal Inspection Service. The felon in possession of a firearms case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Postal Inspection Service, and Alabama Law Enforcement Agency. Both cases were prosecuted by Assistant United States Attorney, Denise O. Simpson.
Three Albany Men Charged in Connection with Armed Bank RobberyRead the Press Release
ALBANY, NEW YORK – Three Albany men were charged today in connection with an armed robbery yesterday of an M&T Bank branch in the Town of North Greenbush, in which a bank employee was shot.
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); Keith M. Corlett, Acting Superintendent of the New York State Police; Chief David Keevern of the Town of North Greenbush Police Department; Chief Eric Hawkins of the Albany Police Department; and Albany County Sheriff Craig D. Apple.
The complaint charges Christopher J. Cohn and Ulysses J. Walls, both age 25, with armed bank robbery. The complaint also charges Quardel E. Valentine, age 28, with conspiracy to commit bank robbery.
The defendants were quickly arrested yesterday following the robbery and appeared today before United States Magistrate Judge Christian F. Hummel, who ordered them detained pending detention hearings scheduled for Friday, March 1.
The charges in the complaint are merely accusations. The defendants are presumed innocent unless and until proven guilty.
The complaint alleges that Cohn and Walls entered an M&T Bank in North Greenbush yesterday morning, each wearing a ski mask and brandishing a gun. In the course of the robbery, Cohn fired multiple shots, including one that grazed an employee of the bank. Valentine drove Cohn and Walls to the bank, waited during the robbery, and helped them flee following the robbery.
The charges filed against Cohn and Walls carry a maximum sentence of 25 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 5 years. The charge filed against Valentine carries a maximum sentence of 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. 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.
This case is being investigated by the FBI, the New York State Police, the Town of North Greenbush Police Department, the Albany Police Department, and the Albany County Sheriff’s Office, with the assistance of the Rensselaer County District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorneys Wayne A. Myers and Joshua R. Rosenthal.
The Northern District of Indiana’s U.S. Attorney’s Office Collects $6,016,074.83 in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2018Read the Press Release
HAMMOND- U.S. Attorney Thomas L. Kirsch II announced today that the Northern District of Indiana collected $6,016,074.83 in criminal and civil actions in Fiscal Year 2018. Of this amount, $2,974,660.68 was collected in criminal actions and $3,041,414.25 was collected in civil actions. Additionally, the Northern District of Indiana forfeited in excess of $1.3 million dollars in civil and criminal forfeitures.
As a whole, the Justice Department collected nearly $15 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2018. The $14,839,821,650 in collections in FY 2018 represents nearly seven times the appropriated $2.13 billion ($2,136,750,000) budget for the 94 U.S. Attorneys’ offices.
The U.S. Attorneys’ Offices, along with the Department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the Department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, the Department of Health and Human Services, the Internal Revenue Service, the Small Business Administration and the Department of Education.
###
Statement of United States Attorney Mike Stuart Regarding Meeting with Attorney General William BarrRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement after meeting with Attorney General William Barr:
“Today, I had the honor of meeting with Attorney General Barr at his office in Washington to discuss matters of critical importance to the people of West Virginia. He understands West Virginia and our unique challenges. This Attorney General truly appreciates West Virginia and is committed to ending the opiate crisis, supporting law enforcement, and reducing crime for our families and communities. He is very supportive of my efforts in West Virginia to aggressively attack the drug scourge, violent crime, public corruption, health care fraud and other critical priorities. I look forward to working directly with Attorney General Barr and his team to advance the priorities of the Department of Justice and this Administration throughout the great state of West Virginia. I believe it is fair to say that the people of West Virginia have a great friend and champion in Attorney General Barr.”
Follow us on Twitter: SDWVNews and USAttyStuart
###
St. Thomas Resident Indicted for Failing to Register as a Sex OffenderRead the Press Release
St. Thomas, USVI – On February 21, 2019, a federal Grand Jury returned an indictment against Jeffrey Cole, 57, of St. Thomas, charging him with failing to register as a sex offender, United States Attorney Gretchen Shappert announced. Cole appeared in court today before Federal Magistrate Judge Ruth Miller where he entered a plea of not guilty. Cole’s trial date is scheduled for April 15, 2019.
According to the indictment and court records, Cole was convicted for voyeurism in the State of Ohio in 2009. He moved to the State of Georgia where he registered as a sex offender. Cole relocated to the Virgin Islands in 2018, and failed to register.
Under federal law, Cole faces a maximum sentence of 10 years in prison and a maximum $250,000 fine.
United States Attorney Shappert reminds the public that an indictment is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
This case is being investigated by the United States Marshal Service. It is being prosecuted by Assistant United States Attorney Everard E. Potter.
South Park Man Charged with Possessing and Distributing Child PornographyRead the Press Release
PITTSBURGH, PA- An Allegheny County resident has been indicted by a federal grand jury in Pittsburgh on charges of possession and distribution of materials depicting the sexual exploitation of a minor, United States Attorney Scott W. Brady announced today.
The two-count Indictment, returned on February 26, named Michael Moran, 60, South Park, PA.
According to Indictment, from on or about August 16, 2018 through on or about September 2, 2018, Moran distributed visual depictions of minors engaged in sexually explicit conduct, and on October 24, 2018, Moran possessed images and videos depicting the sexual exploitation of minors. A number of the images Moran distributed, as well some of the videos and images he possessed, depicted the sexual exploitation of minors under the age of twelve.
The law provides for a maximum total sentence of 40 years in prison, a fine of $500,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant. Moran remains in custody pending the resolution of state charges.
Assistant United States Attorney Christy C. Wiegand is prosecuting this case on behalf of the government. The Federal Bureau of Investigation conducted the investigation leading to the Indictment in this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Soldier Creek Man Charged with Involuntary Manslaughter and Child AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Soldier Creek, South Dakota, man has been indicted by a federal grand jury for Involuntary Manslaughter and two counts of Child Abuse.
Robert Staples, Jr., age 35, was indicted on February 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 26, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on September 14, 2018, Staples unlawfully killed another human being, while operating a motor vehicle, in a grossly negligent manner. The Indictment further alleges Staples abused, exposed, tortured, tormented, and cruelly punished children who had not attained the age of seven years old.
The charges are merely accusations and Staples is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Staples was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Six federal inmates charged with lewdly exposing themselves to prison staffRead the Press Release
Brunswick, GA – Six federal inmates face having more time added to their prison sentences after lewdly exposing themselves to prison staff.
The inmates, serving federal prison sentences at Federal Correctional Institution Jesup in southeast Georgia, are charged with Public Indecency as filed in U.S. District Court in Brunswick, Ga., said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. Many of the inmates have prior records of lewdly exposing themselves to staff members.
The charges are classified as misdemeanors, and can extend the inmates’ scheduled release date by up to 12 months, along with a year of supervised release and substantial fines.
Those charged are:
- Lesly Richard, 28, of Los Angeles, serving a sentence for being a felon in possession of firearm, with a scheduled release date of Jan. 12, 2022;
- Doniel Porter, 30, of Brunswick, Ga.; serving a sentence for conspiracy to possess with intent to distribute and conspiracy to distribute a controlled substance, with a scheduled release date of Dec. 24, 2021;
- Henry Watson, 38, of Milton, Fla.; serving a sentence for possession and distribution of more than 38 grams of cocaine and illegal possession of a firearm, with a scheduled release date of Oct. 31, 2028;
- James Thornton, 50, of Rock Island, Ill., serving a sentence for conspiracy to distribute crack cocaine, with a scheduled release date of April 29, 2022;
- Patrick Turner, 34, of Margate, Fla., serving a sentence for possession of a firearm by a convicted felon, with a scheduled release date of Oct., 24, 2028; and,
- Tracy McCants, 35, of Jonesboro, Ga., serving a sentence for conspiracy to possess more than 280 grams of crack cocaine with intent to distribute, with a scheduled release date of July 10, 2023. .
“The staff members at our federal correctional institutions serve honorably and under often difficult conditions as they maintain safe environments for incarcerated felons,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. “These prosecutions should send a message to all inmates that this reprehensible behavior will not be tolerated – and will result in more time behind bars.”
“The number of incidents of inmate abuse of female prison staff is unacceptable,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI is committed to making sure those numbers decrease dramatically by setting an example with cases like this, that if you choose to act out in perverse ways you will extend your stay in prison.”
Federal inmate abuse of female staff members has increased in recent years, with more than 850 cases of exposure in 2016, more than 1,000 in 2017 and 1,269 in 2018.
This case was investigated by the Federal Bureau of Prisons and the FBI. Assistant United States Attorney Marcela C. Mateo and Special Assistant United States Attorney Katelyn Semales prosecuted the case on behalf of the United States.
Shooter in 2014 Midland Homicide Pleads Guilty to Federal Firearms ChargeRead the Press Release
In Midland today, 39-year-old Odessa, TX, resident Noe Garcia Galan pleaded guilty to a federal firearms charge in connection with the murder of Sean Michael Lamb in 2014, announced U.S. Attorney John F. Bash; FBI Special Agent in Charge Emmerson Buie, Jr., El Paso Division; and, Odessa Police Chief Michael Gerke.
Appearing before U.S. District Judge David Counts, Galan pleaded guilty to one count of murder resulting from the use and discharge of a firearm during a drug trafficking offense.
By pleading guilty, Galan admitted that on May 13, 2014, he fatally shot Lamb. According to court records, Galan and others were responsible for the abduction and death of Lamb because they suspected that Lamb and others had stolen a large amount of “crystal” methamphetamine from co-defendants Liz Hernandez and her brother, Ruben James Hernandez.
“Along with our law-enforcement partners, we seek justice for all victims of crime. I am pleased that we were able to obtain a guilty plea in this case and I look forward to sentencing,” stated U.S. Attorney Bash.
Ruben Hernandez, age 38 of Odessa, remains a fugitive in this case. Liz Hernandez, age 39 of Odessa, is currently serving a 20-year federal prison sentence after pleading guilty to one count of murder during the course of a drug trafficking crime. Her 22-year-old son, Brian Hernandez, is back in federal custody after violating conditions of his supervised release, including failing a drug test. In February 2017, Hernandez completed his 41-month federal prison term after he pleaded guilty to the drug conspiracy charge. Four other Odessan co-defendants—44-year-old Raymond Hernandez Olgin, Jr., 41-year-old Rudolfo Romero Parades, 44-year-old Stacey Louise Castillo and 41-year-old Anthony Ryan Gonzales—are serving life, 27 years, 25 years, and 27 years in federal prison, respectively, for their roles in the scheme. In April 2015, a federal jury convicted those four of one count of conspiracy to possess with intent to distribute a controlled substance, one count of possession of a firearm in relation to a drug trafficking crime, and one count of murder during the course of a drug trafficking crime.
“The Odessa Police Department would like to thank all of the assisting agencies for the time and effort dedicated in bringing charges in this case. This was truly a joint effort and could not have been accomplished without their help,” stated Odessa Police Chief Gerke.
Galan, who remains in federal custody, faces between ten years and life in federal prison. Sentencing is scheduled for 2:00pm on May 29, 2019, in Midland before Judge Counts.
The Odessa Police Department and the FBI, with assistance from Homeland Security Investigations (HSI), Texas Department of Public Safety (DPS), Texas Rangers, and the U.S. Border Patrol, investigated this case. Assistant U.S. Attorney William F. Lewis, Jr., is prosecuting this case on behalf of the Government.
Serial Bank Robber Sentenced to Twenty YearsRead the Press Release
Dandre R. Brown, 30, of Godfrey, Illinois, has been sentenced to 20 years in prison, the United States Attorney for the Southern District of Illinois, Steven D. Weinhoeft, announced today. Brown, who originally hails from Douglasville, Georgia, had been charged in a six-count federal indictment with five counts of bank robbery and one count of transporting a stolen vehicle across state lines. He pleaded guilty to the charges back in November 2018.
Documents filed in federal district court revealed that over a span of six weeks, Brown committed five bank robberies in Madison County, Illinois
Date
Victim Bank
City
Amount Taken
November 29, 2017
U.S. Bank
Alton
$2,910
December 20, 2017
Reliance Bank
Godfrey
$2,246
December 22, 2017
Regions Bank
East Alton
$13,774
January 2, 2018
U.S. Bank
Wood River
$7,550
January 10, 2018
1st MidAmerica Credit Union
Edwardsville
$8,882
As part of his guilty plea, Brown further admitted robbing a U.S. Bank in Florissant, Missouri, on December 11, 2017. On that occasion, Brown made off with $1,625 and then fled back to Illinois in a stolen car.
Brown’s six bank robberies all followed the same basic modus operandi. Brown would enter the bank alone wearing something covering his head. He would present the teller with a note and then flee with the money to a vehicle parked a block or two away. On four occasions, when demanding money from the bank tellers, Brown told the tellers he knew where they lived, intimating that he might come after them personally if they did anything to thwart his crimes.
Investigators were able to identify Brown because of outstanding police work at the local and federal level. After robbing the U.S. Bank in Alton, Brown dropped the demand note he had presented the teller. The note read, "Give me all the money NO Die Packs I have a weapon." Officers with the Alton Police Department found the note in the grass across the street from the bank and sent it to the FBI crime lab, where four latent fingerprints and one latent palm print were discovered and subsequently matched to Brown. A federal arrest warrant was issued, and the United States Marshals Service tracked Brown to Atlanta, Georgia, where they apprehended him on January 23, 2018.
Before Brown was sentenced, the district court received statements from several of the victim bank tellers, who reported their experiences as "very damaging and traumatizing." One teller was so affected by Brown’s threats that she became uncomfortable in her home and had difficulty sleeping. The experience led another victim to leave her employment at the bank. The woman whose car was stolen told the court that for a week afterward she was too afraid to go home because, along with her car, Brown had stolen her house keys.
Brown’s criminal record includes a 2006 conviction for armed robbery in St. Louis, and he was on parole for theft when he committed the bank robberies. His federal sentence includes a three-year term of supervised release. He was also ordered to pay over $35,000 in restitution.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, as part of a series of actions to address violent crime, the Justice Department announced the reinvigoration of PSN ("PSN 2.0") and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
This prosecution is the result of a collaborative investigation by the Federal Bureau of Investigation, Illinois State Police, Madison County State’s Attorney’s Office, and the following police departments: Granite City, Alton, St. Louis County, Godfrey, East Alton, Wood River, and Edwardsville. The case was prosecuted by Assistant United States Attorneys James G. Piper, Jr. and Alexandria M. Burns.
Scheule Boys Gang Member Convicted of RICO Conspiracy Going to Prison for 30 YearsRead 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 Aaron Hicks, a/k/a Boog, a/k/a Boogy, 34, of Buffalo, NY, who was convicted of racketeering conspiracy and conspiracy to distribute marijuana, was sentenced to serve 30 years in prison by U.S. District Judge Richard J. Arcara. In addition, Judge Arcara ordered the defendant to forfeit $10,400,000 in proceeds from illegal drug trafficking activity.
Assistant U.S. Attorneys Paul Parisi and Wei Xiang, who handled the prosecution of the case, stated that Hicks was a member of the Schuele Boys Gang which operated in the Schuele Street area of the East Side of Buffalo. The gang is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.
As a member, the defendant was the Buffalo-based main point of contact for the gang’s cocaine and marijuana supplier, Julio Contreras of McAllen, Texas. Hicks’s co-defendant, Roderick Arrington, was previously convicted following a jury trial in 2017 of the shooting murder of Quincy Balance, a/k/a Shooter, at the intersection of Northland and Stevens in Buffalo on August 30, 2012. Hicks, Arrington, and other Schuele Boys members believed that Balance was involved in the shooting murder of one of their associates on nearby Carl Street four days earlier. Arrington was sentenced to life in prison for murder in aid of racketeering.
“This defendant is the last, of more than two dozen individuals, to be sentenced in our prosecution of a violent street gang that terrorized the East Side of Buffalo and its citizens for a number of years, “ said U.S. Attorney Kennedy. “Our office is determined to bring the leaders, members, and associates of these street gangs to justice. We realize that these gangs spread something much more ruinous to our communities than large amounts of drugs and countless acts of violence. These gangs spread despair. By taking them on, we hope to restore the community’s faith not only in the rule of law but in the possibility for a more productive and positive future.”
Hicks is one of 28 Schuele Boys Gang members and associates to be charged and convicted in this case and the final defendant to be sentenced.
Today’s sentencing is the result of an investigation by the FBI Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; and the New York State Police, under the direction of Major Edward Kennedy. Additional assistance was provided by the Erie County District Attorney’s Office, the Edinboro University Police Department in Pennsylvania, the West Tennessee Judicial Drug Task Force, the City of McAllen, Texas Police Department, HSI Harlingen, Texas, and the FBI offices in Houston, Texas and Jackson, Mississippi.
# # # #
SCDC Prisoner and Co-Conspirator Sentenced to Federal Prison for Roles in Dark Web Mail Bomb PlotRead the Press Release
Columbia, South Carolina --- United States Attorney Sherri A. Lydon announced today that Michael James Young Jr., 32, of Columbia, South Carolina, was sentenced to over 43 years in federal prison for his role in a conspiracy to purchase a mail bomb from prison over the Dark Web. Co-conspirator Tyrell Fears, 23, of Irmo, South Carolina, was sentenced to 10 years in federal prison.
Evidence presented to the court revealed that while incarcerated in the South Carolina Department of Corrections, Young obtained a contraband cellphone smuggled into the Broad River Correctional Institution. Young used that contraband cellphone to run a drug business distributing marijuana he obtained from a California supplier and from the Dark Web. Drugs purchased by Young were shipped to a conspirator’s residence before being picked up by co-defendant Vance Volious for re-distribution.
While this drug conspiracy among Young, Volious, and others was operating, the conspirators also plotted to kill Young’s ex-wife. This was not the first time that Young had tried to kill her; he was serving a 50-year sentence after having been convicted of attempting to kill her and of murdering her father in 2007.
In February 2017, Young accessed the Dark Web from prison on his contraband cellphone and started a dialogue with an undercover FBI agent, whom he believed to be a foreign explosives dealer. Young paid for a mail bomb to be sent to a conspirator’s residence in Irmo and for the re-shipment label addressed to his ex-wife to be sent to Volious’ house in Columbia.
Fears obtained the labels from Volious, armed the mail bomb, and was surveilled by the FBI delivering the inert explosives package to the Post Office in Irmo on June 6, 2017. After a United States Postal Inspector recovered the mail bomb, Young, Volious, and Fears were arrested on federal charges.
Young and Volious were convicted by a federal jury in April 2018 for conspiracy, transport of an explosive with the intent to kill, mailing a non-mailable explosive with the intent to kill, and carrying an explosive during the commission of another felony. United States District Judge J. Michelle Childs sentenced Young to 525 months in federal prison, to be followed by 3 years of court-ordered supervision. Judge Childs sentenced Fears—who pleaded guilty to carrying an explosive during the commission of a felony and conspiracy—to 120 months in federal prison, to be followed by 3 years of court-ordered supervision. Volious will be sentenced at a later date.
The case was investigated by the Federal Bureau of Investigation, Joint Terrorism Task Force, United States Postal Inspection Service, South Carolina Department of Corrections’ Division of Police Services, State Law Enforcement Division, South Carolina Information and Intelligence Center, Richland County Sheriff’s Department, Lexington Country Sheriff’s Department, Irmo Police Department, USC Division of Law Enforcement and Safety, and Columbia Police Department. The case was prosecuted by Assistant United States Attorney Will Lewis of the Columbia office and former Assistant United States Attorney Jay Richardson, with assistance from Dan Goldberg of the Fifth Circuit Solicitor’s Office.
#####
Rochester Man Pleads Guilty to Stealing MailRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Chansen Diaz, 30, of Rochester, NY, pleaded guilty to conspiracy to steal mail before U.S. Magistrate Judge Marian W. Payson. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Diaz was employed by a U.S. Postal Service contractor at the Greater Rochester International Airport. While performing his job, the defendant conspired with two other individuals, co-defendants Cordell James and Michael Harris, to steal gift cards and cash from the mail. The three men then used the stolen items to finance their lifestyles.
Charges remain pending against Cordell James and Michael Harris. 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.
The plea is the result of a joint investigation by the United States Postal Service Office of Inspector General, under the direction of Special Agent-in-Charge Kenneth Cleevely, Eastern Area Field Office, Pittsburgh, PA, and Inspectors with the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.
Sentencing is scheduled for May 29, 2019, at 2:30 p.m. before U.S. District Judge David G. Larimer.
Philadelphia man admits to role in a methamphetamine distribution operation in Monongalia CountyRead the Press Release
CLARKSBURG, WEST VIRGINIA – Oscar Aaron Watkins, of Philadelphia, Pennsylvania, has admitted to his involvement in a methamphetamine distribution operation, United States Attorney Bill Powell announced.
Watkins, also known as Eric Oscar Watkins, age 58, pled guilty to one count of “Conspiracy to Distribute Controlled Substances.” Watkins admitted to participating in a drug distribution operation in October 2018 in Monongalia County.Watkins faces up to 20 years incarceration and a fine of up to $1,000,000. 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.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the case on behalf of the government. The Mon Metro Drug & Violent Crimes Task Force, a HIDTA-funded initiative, and the Morgantown Police Department investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Philadelphia Man Convicted of Multiple Offenses at Trial Including Bribery and Aggravated Identity TheftRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Bakary Camara, 32, of Philadelphia, was convicted today by a jury of one count of conspiracy to produce identification documents without lawful authority, one count of bribery of an agent from PennDOT, two counts of misuse of a Social Security number, and one count of aggravated identity theft.
The defendant bribed his co-conspirator Henry Gibbs (a former PennDOT agent) in order to unlawfully obtain Pennsylvania learner’s permits and non-commercial and commercial driver’s licenses for foreign nationals and others. Some of the individuals for whom the defendant assisted in getting a driver’s license did not speak English and could not pass the DMV knowledge tests. The defendant obtained and attempted to obtain licenses for at least one individual who entered the country illegally. In return for the bribes, Gibbs entered false information into the PennDOT system indicating the individuals passed the required tests, even though they had never taken them.
Moreover, the defendant falsified documents (including utility bills, cellular phone bills, tax notices, and insurance documents) to make it appear that some non-Pennsylvania residents lived in Pennsylvania. The defendant gave the individuals the falsified documents to provide to Gibbs, who accepted the falsified documents and uploaded them into the PennDOT system. The defendant unlawfully assisted at least 30 immigrants and foreign nationals in obtaining Pennsylvania learner’s permits and driver’s licenses through Gibbs. The defendant charged these individuals $300 to $7,000 to assist them with obtaining a Pennsylvania driver’s license and provided Gibbs at least $5,000 in bribes.
“This kind of bribery and fraud will never be tolerated,” said U.S. Attorney McSwain. “It is incredibly dangerous to provide driver’s licenses to those who have not even passed a driving test. In his scheme, the defendant committed a fraud on the government and created a true danger to public safety. We are grateful that the jury held him accountable for his crimes.”
“Today’s guilty verdict highlights Homeland Security Investigations Philadelphia continued vigilance against corruption schemes that damage the trust the public places in our state institutions,” said Marlon V. Miller, Special Agent in Charge of HSI Philadelphia. “This case is another excellent example of federal, state and local cooperation to combat fraud in our community.”
The case was investigated by Homeland Security Investigations and the Social Security Administration, with special assistance from the Pennsylvania Department of Transportation. The case is being prosecuted by Assistant United States Attorney Tiwana Wright.
Parma man sentenced to more than two years in prison for making false statements in order to collect $47,000 in Social Security fundsRead the Press Release
A Parma man was sentenced to more than two years in prison for making false statements in order to collect $47,000 in Social Security funds.
David Fievet, 53, was sentenced to 28 months in prison by U.S. District Judge Benita Pearson after previously pleading guilty to conspiracy to defraud the United States, theft of government property, Social Security fraud and obstruction of justice.
His wife, Gerolyn Fievet, 54, was sentenced to five years of probation. She previously pleaded guilty to conspiracy to defraud the United States.
The Fievets conspired to wrongfully receive 88 monthly Supplemental Security Income checks between January 2010 and April 2017, totaling $47,556, for the benefit of the couple’s disabled son. In order to obtain more benefits than they were legally entitled, the Fievets falsely reported David was not living in the family home when, in fact, he was. Fievet was working as a firefighter at the time, according to court documents.
Special Agent Kelly Clark from the Social Security Administration Office of the Inspector General conducted the investigation. Assistant U.S. Attorney Payum Doroodian prosecuted the case.
One of the Most Senior Level Former Coal Company Officials in Ky Charged for Defrauding Regulators About Black-Lung Causing Risks to MinersRead the Press Release
MADISONVILLE, Ky. – United States Attorney Russell M. Coleman announced the charging of an additional former supervisor and safety official from Armstrong Coal, in addition to the 8 previous officials charged by a Federal Grand Jury, for conspiracy to defraud an agency of the United States government by deceit, trickery and dishonest means.
The Indictment charges that the conspirators sought to deceive federal mine safety regulators as to the daily levels of breathable dust at both the Parkway Mine of Muhlenberg County, KY and Kronos Mine of Ohio County, KY. Breathable or “respirable” dust is the primary cause of pneumoconiosis or “Black Lung” in miners. The Federal Grand Jury also charges the nine Armstrong Coal officials with making false statements as to results of tests required to be conducted every 60 days to protect certain “designated occupations,” that is the dustiest and most dangerous job assignments in a coal mine.
In addition to the previous charges announced in July of 2018, a federal Grand Jury has now indicted Glendal “Buddy” Hardison, the former manager of all Armstrong Coal western Kentucky mines. The Grand Jury charges that Hardison allegedly met with co-Defendant Ron Ivy and an unindicted co-conspirator in 2013, and ordered them to do whatever they had to do to “make the pumps come in.”
“West Kentucky miners are about action, not just happy talk,” stated U.S. Attorney Russell Coleman. “As we showed today, the United States will continue to aggressively go up the chain to hold accountable those who made calculated business decisions that placed our miners at grave risk.”
“Miners’ safety and health is our top priority,” said David G. Zatezalo, Assistant Secretary of the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA), which conducted the investigation that led to the charges. “If supervisors and safety officials are breaking the law, we’ll do everything we can to ensure that the laws are enforced and miners receive the protections they deserve.”
The Grand Jury charges that contrary to regulations, Armstrong officials removed dust testing devices early in the miners’ shifts and placed the devices in less dusty or “clean air”; that during a testing period, officials replaced miners who ran the most dust-causing machines with miners who were not wearing the dust testing devices, so that the company would pass the tests; that Armstrong officials fabricated and submitted dust sampling test results on days the mine was shut down or otherwise not in operation; that officials ordered that testing devices be run in “clean air,” before and after shifts, to skew the test results toward passing; that a mine superintendent twice mandated to a safety official to take whatever action necessary to ensure that the company passed dust sampling tests.
Armstrong Coal, now bankrupt, is designated by the Indictment as an unindicted co-conspirator. Those former Armstrong supervisory and safety officials charged include:
- Charley Barber, age 63, of Madisonville, a former Superintendent of Parkway Mine;
- General “Buddy” Hardison, age 69, of Belton, the former manager of all of Armstrong Coal western Kentucky mines;
- Brian Keith Casebier, age 60, of Earlington, a former Safety Director at Parkway Mine;
- Steven Demoss, age 48, of Nortonville, a former Assistant Safety Director at Parkway Mine;
- Billie Hearld, age 42, of Russellville, a former Section Foreman at Parkway Mine;
- Ron Ivy, age 50, of Manitou, a former Safety Director at Kronos Mine;
- John Ellis Scott, age 62, of South Carrollton, a former employee in the Safety Department at Parkway Mine;
- Dwight Fulkerson, age 40, of Drakesboro, a former Section Foreman who performed dust testing at Parkway Mine; and
- Jeremy Hackney, age 46, of White Plains, also a former Section Foremen who performed dust testing at Parkway Mine.
The Kronos Mine remains in operation under different ownership. The Parkway Mine is no longer open.
The case is being prosecuted by Assistant United States Attorneys Randy Ream, Corinne Keel and MSHA’s Jason Grover.
####
The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty.
New York Man Charged with Cryptocurrency SchemeRead the Press Release
The founder and principal operator of My Big Coin Pay Inc. (My Big Coin), a purported cryptocurrency and virtual payment services company headquartered in Las Vegas, Nevada, was charged in an indictment unsealed today for his alleged participation in a scheme to defraud investors by marketing and selling fraudulent virtual currency.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Andrew E. Lelling of the District of Massachusetts, Special Agent in Charge Joseph R. Bonavolonta of the FBI’s Boston Field Office and Inspector in Charge Delany De Leon-Colon of the Criminal Investigations Group of the U.S. Postal Inspection Service’s National Headquarters in Washington, DC made the announcement.
Randall Crater, 48, of East Hampton, New York, was charged in an indictment filed in the District of Massachusetts with four counts of wire fraud and three counts of unlawful monetary transactions. Crater was arrested this morning and will appear today in U.S. District Court in the Middle District of Florida.
The indictment alleges that between 2014 and 2017, Crater and others created the fraudulent virtual currency “My Big Coins” or “Coins” and marketed this fraudulent currency to investors using misrepresentations about its nature and value. Crater and his associates allegedly falsely claimed that Coins were a fully functioning cryptocurrency backed by valuable assets such as gold. Crater and his associates also allegedly told investors that Coins could be readily exchanged for goods, cash or other virtual currencies. As alleged in the indictment, Crater and his associates solicited investors and distributed these misrepresentations through websites and social media affiliated with My Big Coin, as well as by direct communications with investors and prospective investors. In reality, Coins were not backed by gold or any other valuable assets and were not readily transferable, the indictment alleges. Instead, Crater allegedly misappropriated over $6 million in investor funds for personal use, including to purchase artwork, antiques, jewelry and other luxury items.
The charges in the indictment are merely allegations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The case was investigated by the FBI and the U.S. Postal Inspection Service. The case is being prosecuted by Trial Attorney Caitlin Cottingham of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Jordi De Llano Campos of the District of Massachusetts. The Commodity Futures Trading Commission provided assistance with the matter.
The Fraud Section plays a pivotal role in the Department of Justice’s fight against white collar crime around the country.
New York Man Charged with Cryptocurrency Fraud SchemeRead the Press Release
BOSTON – The founder of My Big Coin Pay Inc., a purported cryptocurrency and virtual payment services company headquartered in Las Vegas, Nev., was arrested and charged today for his participation in a scheme to defraud investors by marketing and selling fraudulent virtual currency.
Randall Crater, 48, of East Hampton, N.Y., was charged with four counts of wire fraud and three counts of money laundering. Crater was arrested this morning and will appear today in U.S. District Court in the Middle District of Florida. A date for Crater’s initial appearance in the District of Massachusetts has not yet been scheduled.
According to the indictment, Crater and others created the fraudulent virtual currency, “My Big Coins” or “Coins,” which they marketed to investors between 2014 and 2017 using misrepresentations about the nature and value of Coins. Crater and his associates falsely claimed that Coins was a fully functioning cryptocurrency backed by valuable assets such as gold, oil, and other assets. They also falsely told investors that Coins could readily be exchanged for government-backed paper currency or other virtual currencies. As alleged in the indictment, Crater and his associates promulgated these misrepresentations through social media, the internet, email, and text messages.
In reality, Coins were not backed by gold or other valuable assets and were not readily transferable. Over the course of the scheme, it is alleged that Crater misappropriated over $6 million of investor funds for his own personal gain.
In January 2018, the Commodity Futures Trading Commission (CFTC) announced commodity fraud charges against Crater and My Big Coin Inc. The CFTC also filed civil charges against the Chief Executive Officer of My Big Coin, John Roche, and two of Crater’s associates Mark Gillespie and Michael Kruger.
The charge of wire fraud provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000, or twice the gross gain or loss. The money laundering charges provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000, or twice the value of the criminally derived property. 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; Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; and Peter R. Rendina, Inspector in Charge of the U.S. Postal Inspection Service’s Washington Field Division, made the announcement today. Assistant U.S. Attorney Jordi de Llano, Deputy Chief of Lelling’s Securities & Financial Fraud Unit, and Trial Attorney Caitlin Cottingham of the Criminal Division’s Fraud Section are prosecuting the case. The CFTC also provided valuable assistance with the matter.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Monongalia County man admits to role in a drug distribution operation in Monongalia CountyRead the Press Release
CLARKSBURG, WEST VIRGINIA – Daniel Payne, of Morgantown, West Virginia, has admitted to his involvement in a heroin, oxycodone, and cocaine distribution operation, United States Attorney Bill Powell announced.
Payne, age 31, pled guilty to one count of “Aiding and Abetting Distribution of Heroin.” Payne admitted to selling heroin in July 2017 in Monongalia County.Payne faces up to 20 years incarceration and a fine of up to $1,000,000. 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.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the case on behalf of the government. The Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Mon Metro Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated. The United States Marshal Service assisted.
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.
Mississippi Man Pleads Guilty to Health Care Fraud for His Role in $200 Million Compounding Pharmacy SchemeRead the Press Release
Hattiesburg, Miss – Howard Randall Thomley, 60, of Hattiesburg, pled guilty yesterday before U.S. District Judge Keith Starrett to a Criminal Information charging him with health care fraud for his role in a $200 million scheme to defraud health care benefit programs, including TRICARE, announced U.S. Attorney Mike Hurst, Special Agent in Charge Christopher Freeze with the Federal Bureau of Investigation, Special Agent in Charge Thomas J. Holloman III of IRS Criminal Investigation’s Atlanta Field Office and Special Agent in Charge John F. Khin of the Defense Criminal Investigative Service’s Southeast Field Office.
Thomley will be sentenced by Judge Starrett on July 2, 2019 and faces a maximum penalty of 10 years in federal prison.
During his guilty plea, Thomley admitted that, from approximately August 2012 through January 2016, he conspired with others to carry out a scheme to defraud TRICARE, which is a federally funded health care benefit program that serves United States military personnel and their families.
Thomley owned and operated a company called Advantage Marketing Professionals, which marketed medications for Advantage Pharmacy, a compounding pharmacy in Hattiesburg. For each prescription submitted by Thomley, Advantage Marketing Professionals and Thomley would receive a percentage of the revenue that Advantage Pharmacy obtained from TRICARE.
Thomley and others associated with Advantage Marketing Professionals recruited beneficiaries of TRICARE and paid them a percentage of the revenue from each prescription – including refills – that they and their families accepted, in order to induce the beneficiaries to accept millions of dollars of expensive compounded medications that were not medically necessary. In order to obtain prescriptions, Thomley and his co-conspirators filled out pre-printed prescription forms with the beneficiaries’ names, and obtained prescriber signatures, knowing that the medical professional prescribing the medication had not examined the recruited beneficiaries. Sometimes, the prescribers had previously signed blank prescription forms, which were later filled in by Thomley or his co-conspirators.
Advantage Pharmacy, upon receiving prescriptions, filled the prescriptions, dispensed compounded medications, and submitted claims to TRICARE, received reimbursement, and disbursed a portion of those payments to Thomley.
TRICARE paid approximately $3.6 million in reimbursements for medications sent to the beneficiaries recruited by Thomley and his co-conspirators.
"This nefarious and complex health care fraud scheme was one of the largest in Mississippi's history, and possibly one of the largest in our nation's history," said Special Agent in Charge Freeze. "Billions of taxpayer dollars are lost to heath care fraud each year, and conspiracies against Tricare strip benefits directly from our military's brave men and women and their families. This guilty plea brings this case one step closer to justice and shows the unwavering commitment, of all of the partnering agencies, to uncover, investigate and prosecute dishonest and unethical physicians, health care providers and any others associated with America's health care system. The collective resources of law enforcement at all levels will continue to expose these types of corruption and will actively seek justice for those who participate in these schemes."
This case was investigated by the Federal Bureau of Investigation, Internal Revenue Service - Criminal Investigation, and the Defense Criminal Investigative Service, among other agencies. It is being prosecuted by DOJ Trial Attorneys Kate Payerle and Jared Hasten of the Criminal Division’s Fraud Section, Assistant U.S. Attorneys Mary Helen Wall of the Southern District of Mississippi and Sean Welsh of the Western District of Virginia, formerly of the Criminal Division’s Money Laundering and Asset Recovery Section (MLARS), with the support and assistance of Trial Attorney Amanda Wick of MLARS.
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than 14 billion.
Mission Woman Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Lee Ann Stenstrom a/k/a LeeAnn Stenstrom, age 35, was indicted on February 13, 2019. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 26, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on December 26, 2018, Stenstrom did forcibly assault, resist, oppose, impede, intimidate, and interfere with a law enforcement officer who was employed by the Rosebud Sioux Tribe Law Enforcement Services, by using a dangerous weapon.
The charge is merely an accusation and Stenstrom is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Stenstrom was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Middletown Man Sentenced to 46 Months in Prison for Stealing from Law Firm, BrotherRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that STEPHEN T. GIONFRIDDO, 68, of Middletown, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 46 months of imprisonment, followed by three years of supervised release, for embezzling more than $500,000 from his former employer, and stealing nearly $400,000 from his brother to pay back his employer.
According to court documents and statements made in court, Gionfriddo was hired by a Rocky Hill law firm as a paralegal in approximately August 2013. Beginning in approximately December 2013, Gionfriddo caused the firm’s bookkeeper to prepare checks payable to various of Gionfriddo’s creditors by misrepresenting that the funds were needed to pay client expenses. Gionfriddo also intercepted numerous checks payable to the law firm or to the firm’s clients, endorsed the checks over to himself, and then deposited the checks into his personal bank account for his own use.
In July 2017, Gionfriddo forged the signature of one of the firm’s partners on a Notice of Certificate Maturity in order to cancel a certificate of deposit (CD) in the name of one of the firm’s clients, and then mailed the form. When the $112,748.21 distribution check representing the proceeds of the client’s CD was mailed to the firm, Gionfriddo intercepted it, forged the signature of the payee, and converted it to his own use.
Through this scheme, Gionfriddo stole $543,372.21 from the law firm and its clients.
In late September 2017, the principals at the law firm confronted Gionfriddo about the theft of funds, and Gionfriddo promised to repay the firm. On October 3, 2017, Gionfriddo called the Thrift Savings Plan (“TSP”), a defined contribution plan for federal employees, and impersonated his brother, who had worked for the federal government, maintains a TSP account, and suffers from a debilitating medical condition. During the call, Gionfriddo obtained information about how to effect a hardship withdrawal of money from the account and have it sent to a bank account he controlled. Gionfriddo also was advised on that call that TSP would issue a Form 1099 in January as a result of the hardship withdrawal.
On October 4, 2017, Gionfriddo faxed a form requesting a withdrawal of $195,000 from his brother’s TSP account for “medical expenses.” Gionfriddo directed the TSP to deposit the funds into a bank account that he controlled.
In an effort to conceal this scheme from his brother, Gionfriddo contacted the U.S. Postal Service and had his brother’s mail held for the entire month of January 2018.
Gionfriddo also stole from his brother’s bank and investment accounts in the total amount of $201,518.
Judge Meyer ordered Gionfriddo to pay restitution of $446,111.67, most of which is owed to Gionfriddo’s brother.
Gionfriddo was arrested on a criminal complaint on June 12, 2018. On November 20, 2018, he pleaded guilty to one count of mail fraud and one count of wire fraud.
Gionfriddo, who is released on bond, was ordered to report to prison on April 1, 2019.
In 2006, Gionfriddo was convicted of federal wire fraud and mail fraud offenses for embezzling more than $633,000 from clients while acting as their attorney. In October 2006, he was sentenced in Hartford federal court to 30 months of imprisonment. To date, he has paid $44,910.66 in restitution to victims of this previous crime.
This matter was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorney Susan L. Wines.
Methamphetamine and Heroin Dealer Sentenced to More Than 17 Years in PrisonRead the Press Release
A Tulsa man has been sentenced to federal prison for 15 separate charges, including distribution of heroin and methamphetamine, announced U.S. Attorney Trent Shores. A jury found Darowe Junior Jones, 39, of Tulsa, guilty on Oct. 24, 2018.
Today, U.S. District Judge Claire V. Eagan sentenced Jones to 211 months in prison followed by five years of supervised release.
“Methamphetamine and heroin have exacted too much damage on Oklahoma families. Darowe Jones is an “alpha criminal” who peddled addiction for profit in our Tulsa community,” said U.S. Attorney Trent Shores. “Through the combined efforts of the TPD, FBI and ATF during Operation Alpha, his drug ring has been dismantled. A 17-year federal prison sentence delivers accountability and consequences to Darowe Jones for his involvement in the illegal drug trade. It should also promote deterrence for anyone thinking about stepping into his shoes.”
Jones was arrested on April 17, 2018, on an outstanding felony arrest warrant as part of Operation Alpha, an initiative targeting Tulsa’s most dangerous criminals. Jones was a high volume drug dealer who sold methamphetamine, black-tar heroin, cocaine, ecstasy, marijuana, and Xanax. He conspired with his partners to receive drugs through the mail at various addresses in Tulsa and Broken Arrow, which he later distributed in the Tulsa area. The evidence further showed that Jones sent tens of thousands of dollars in cash over a two-year period to his out-of-state sources of supply to purchase the narcotics.
After his arrest, Jones continued his drug operations by calling his accomplices from jail and directing them to hide evidence, including drug proceeds.
Jones will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Jones was arrested as part of Operation Alpha, a Project Safe Neighborhoods’ initiative. Operation Alpha utilized crime mapping technology to target areas with high rates of crime and focused on the area surrounding 21st Street and Garnett Road in Tulsa. Phase one operations took place from mid-April through mid-June 2018 and resulted in 174 felony arrests and seizure of 106 firearms.
The Tulsa Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI and United States Marshals Service conducted the investigation. Assistant U.S. Attorneys Thomas E. Duncombe, Dennis A. Fries, and Joel-lyn A. McCormick prosecuted the case.
Meth User and Dealer Sentenced to over a Year in Federal Prison for Illegally Possessing a GunRead the Press Release
An Ely woman who was a daily user of methamphetamine and possessed a gun was sentenced on February 22, 2019, to 16 months in federal prison.
Melissa Kurth, age 38, from Ely, Iowa, received the prison term after a September 19, 2018 guilty plea to one count of being an unlawful user of methamphetamine in possession of a firearm.
Kurth was driving a car in Cedar Rapids on January 26, 2018, when she was stopped by officers from the Cedar Rapids Police Department for a traffic violation. During the stop, officers found a Savage Arms rifle and a BB gun in the trunk of the car. The rifle had previously been reported stolen. Officers also located drug paraphernalia and methamphetamine residue in the vehicle. Kurth admitted she was a daily user of methamphetamine and that she also sold up to an ounce of methamphetamine daily in the Cedar Rapids area.
In sentencing Kurth, the judge noted she had a lengthy criminal history which included over 20 criminal convictions. Kurth has prior convictions for driving offenses, thefts, OWI, and attempted burglary.
Kurth was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Kurth was sentenced to 16 months’ imprisonment, with the final 3 months to be served in a residential facility. She must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Kurth is being held in the United States Marshal’s custody until she can be transported to federal prison.
This case was prosecuted by Assistant United States Attorney Ashley Corkery and investigated by the investigated by the Cedar Rapids Safe Streets Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-00056. Follow us on Twitter @USAO_NDIA.
Meriden Man Sentenced to More Than 5 Years in Federal Prison for Trafficking CocaineRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JOEL CRUZ, 36, of Meriden, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 63 months of imprisonment, followed by five years of supervised release, for trafficking cocaine.
According to court documents and statements made in court, on September 2, 2017, Cruz engaged Milford and Connecticut State Police in a high-speed chase from I-95 in Milford to I-91 in New Haven. During the chase, Cruz threw a package containing approximately one kilogram of cocaine from his vehicle. When he was apprehended in the area of Exit 5 on I-91, he possessed $34,360 in cash.
On August 30, 2018, Cruz pleaded guilty to one count of possession with intent to distribute 500 grams or more of cocaine.
CRUZ has forfeited the cash seized at the time of his arrest.
CRUZ, who was released on bond, was remanded to the custody of the U.S. Marshals Service at the conclusion of today’s court proceeding.
This matter was investigated by the FBI’s New Haven Safe Streets/Gang Task Force, Connecticut State Police and Milford Police Department. The Task Force includes members from the New Haven Police Department, Milford Police Department, West Haven Police Department and Connecticut Department of Correction. The case was prosecuted by Assistant U.S. Attorneys Anthony E. Kaplan and Nathaniel J. Gentile.
McKeesport Felon Charged with Unlawful Possession of Pistol and AmmunitionRead the Press Release
PITTSBURGH, PA - A resident of McKeesport, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of federal firearms violations, United States Attorney Scott W. Brady announced today.
The one-count Indictment returned on February 26, named Eric Antoin Johnson, 22, as the sole defendant.
According to the Indictment, from on or about January 21 through on or about January 29, 2019, Johnson unlawfully possessed an Intratec model AB10 9 millimeter pistol and 9 millimeter ammunition, after having been convicted of robbery and assault, crimes punishable by more than one year in prison. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year from lawfully possessing a firearm or ammunition.
The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christy Criswell Wiegand is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives along with the Findlay Township Police Department conducted the investigation leading to the Indictment in this case. The case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Man Pleads Guilty to Murdering Postal Worker in Fit of Road RageRead the Press Release
A Los Angeles man today pleaded guilty to murdering a postal worker during a road rage incident in Dallas last February, announced U.S. Attorney Erin Nealy Cox.
Donnie Arlondo Ferrell, 26, admits he shot and killed U.S. Postal Service employee Tony Mosby, who was behind the wheel of a USPS vehicle, on Feb. 19, 2018.
According to plea papers, Mr. Ferrell – one of three passengers inside a Mazda traveling eastbound on I-30 – became incensed at something he perceived Mr. Mosby had done on the freeway. He leaned out of the Mazda and fired four shots at the USPS vehicle.
Mr. Ferrell then watched as the USPS vehicle crashed into a retaining wall on the freeway.
When Mr. Ferrell later learned Mr. Mosby had been killed by a bullet to the head, Mr. Ferrell instructed the Mazda’s other passengers not to discuss the incident with anyone else.
When law enforcement attempted to arrest Mr. Ferrell two days later, he retreated into his residence and refused to surrender for several hours, according to his plea papers.
This morning, Mr. Ferrell pleaded guilty to one count of murder of an employee of an agency of the United States government, and one count of discharging a firearm during a crime of violence. He faces up to life in prison.
“It was devastating to learn of the senseless act of violence that took the life of a federal postal employee while on the job in our district,” said U.S. Attorney Nealy Cox. “I’m gratified we could bring the perpetrator to justice. My heart goes out to Mr. Mosby’s family and friends.”
“The wanton road rage murder of Postal Employee Tony Mosby by Donnie Ferrell was senseless and tragic,” said Damon E. Wood, Acting Inspector in Charge of the U.S. Postal Inspection Service’s Fort Worth Division. “Postal Inspectors will ensure an offense like this is investigated and the perpetrators are prosecuted to the fullest extent of the law. I’d like to thank the U.S. Attorney’s Office, Northern District of Texas, for their assistance and guidance. I would also like to thank the Dallas Police Department and the Federal Bureau of Investigation for their partnership in this investigation.”
A codefendant, Bei-jing Tashawna Walker, accused of accessory after the fact, entered a plea of not guilty last March.
The U.S. Postal Inspection Service conducted the investigation with assistance from the Dallas Police Department and the Federal Bureau of Investigation. U.S. Attorneys P.J. Meitl and John Kull prosecuted the case.
Long Island Man Sentenced to 19 Years’ Imprisonment for Transporting Child PornographyRead the Press Release
Earlier today, in federal court in Central Islip, Brian Newton was sentenced to 19 years’ of imprisonment by United States District Judge Joseph F. Bianco following the defendant’s guilty plea on May 3, 2018 to transportation of child pornography in interstate and foreign commerce. As part of his sentence, Newton must serve five years’ supervised release following his imprisonment, during which time he must remain registered as a sex offender and not have unsupervised contact with minors.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the sentence.
“Newton, despite being a registered sex offender, again chose to victimize children by sharing images of their abuse with others online, conduct that is deserving of a substantial prison sentence and underscores a message of deterrence to others,” stated United States Attorney Donoghue. “The protection of innocent children is a priority of utmost importance for this Office and our law enforcement partners. We will continue to work tirelessly to ensure that those who victimize children will be arrested and prosecuted to the full extent of the law.” Mr. Donoghue extended his grateful appreciation to the FBI New York Crimes Against Children Task Force for its investigative work and assistance.
“Child pornography is not an abstract crime. It is a direct byproduct of the sexual abuse of innocent children – in this instance, including infants and toddlers,” stated FBI Assistant Director-in-Charge Sweeney. “And though he was already on probation for a prior child pornography conviction, Newton continued and even escalated his depraved actions, sharing child pornography while sexually soliciting minor children online. Today’s sentence provides a measure of justice for Newton’s victims, and protects those he sought to victimize. The FBI’s Human Trafficking and Child Exploitation Task Force and our partners are committed to investigating and prosecuting anyone who seeks to harm children.”
Newton, who at the time of the charged offense was on probation from a conviction in Suffolk County in 2014 for possession of child pornography, was caught trading child pornography including sadistic depictions of the sexual abuse of infants and toddlers. During the execution of a search warrant at his residence, law enforcement seized Newton’s large collection of child pornography, including hundreds of videos and thousands of images. After his arrest, Newton admitted engaging in conversations with minors over internet chat platforms, as well as sending nude images of himself to minors and soliciting nude images from minors.
This prosecution is part of Project Safe Childhood, a nationwide initiative led by the Department of Justice to combat the epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ 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 to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Lara T. Gatz and Michael R. Maffei are in charge of the prosecution.
The Defendant:
BRIAN JOSEPH NEWTON
Age: 38
East Northport, New YorkE.D.N.Y. Docket No. 17-CR-341 (JFB)
Lockport Man Sentenced to 14 Years in Prison for Selling Fentanyl That Resulted in DeathRead 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 Pablo Lugo III, 23, of Lockport, NY, who was convicted of possession with intent to distribute, and distribution, of fentanyl, was sentenced to serve 168 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorneys Meghan A. Tokash and Joseph M. Tripi, who handled the case, stated that on March 29, 2015, Lockport Police Officers responded to 152 Caledonia Street and found an individual, K.R., deceased. Officers recovered four reddish paper wrappers in the bathroom, one of which was tested at the Niagara County Sheriff’s Office Forensic Laboratory and determined to contain fentanyl. An autopsy determined that K.R. died of acute fentanyl intoxication.
Text messages recovered from K.R.’s cellular phone revealed that on March 28, 2015, K.R. communicated with Lugo between 12:22 p.m. and 12:51 p.m. K.R. died shortly after the text message exchange. The defendant admits that K.R.’s death resulted from the drugs he gave to K.R.
Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Niagara County Drug Enforcement Task Force, under the direction of Sheriff James Voutour; and the Lockport Police Department, under the direction of Acting Chief Steven Preisch.