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Friday 14 December 2018
Shreveport Man Pleads Guilty to Financial Aid Fraud Scheme at Bossier Parish Community CollegeRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced today that a Shreveport man pleaded guilty to his role in a financial aid scheme at Bossier Parish Community College (BPCC), which caused a loss of more than $400,000.
Deundre Fleeks, 27, of Shreveport, Louisiana, pleaded guilty before U.S. District Judge S. Maurice Hicks Jr. to one count of financial aid fraud. According to the guilty plea, Fleeks completed 20 Free Applications for Federal Student Aid in other students’ names. He would then attend their classes, complete coursework and in return received payment from the students to conduct these tasks. The Department of Education disbursed $262,793 in Federal Direct Stafford Loans and $144,052 in Federal Pell Grants during the course of the scheme, which took place from August 2014 to September 2016.
Fleeks faces up to five years in prison, three years of supervised release and a $250,000 fine. The court set the sentencing date for March 21, 2019.
The U.S. Department of Education, Office of Inspector General, conducted the investigation. Assistant U.S. Attorney Seth D. Reeg is prosecuting the case.
Schaghticoke Man Arrested for Transportation of Child PornographyRead the Press Release
ALBANY, NEW YORK – Jake Alexander Cruse, age 32, of Schaghticoke, New York, was arrested on December 12 on charges of transporting child pornography.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty. Cruse appeared on December 12 before United States Magistrate Judge Christian F. Hummel. Following a detention hearing held yesterday, Cruse was detained pending trial.
If convicted, Cruse faces at least 5 years and up to 20 years in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Additionally, if convicted, Cruse would be required to register as a sex offender.
This case is being investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Saudi Citizen Admits to Visa Fraud and Concealing Attendance at Al Qaeda Training CampRead the Press Release
OKLAHOMA CITY — Naif Abdulaziz M. Alfallaj, 35, a citizen of Saudi Arabia and a former resident of Weatherford, Oklahoma, has pleaded guilty to visa fraud and making a false statement to the FBI by, among other things, concealing his application to and attendance at an al Qaeda training camp in Afghanistan in late 2000.
Assistant Attorney General for National Security John C. Demers, First Assistant U.S. Attorney Robert J. Troester of the Western District of Oklahoma, and Special Agent in Charge Kathryn Peterson of the FBI’s Oklahoma City Division made the announcement.
"Protecting our national security is the highest priority of the Department of Justice," said Mr. Troester. "I commend the outstanding efforts of the FBI’s Joint Terrorism Task Force for its collaborative and focused work in this investigation."
"This investigation highlights the ongoing, coordinated efforts of the FBI and the Joint Terrorism Task Force to protect and defend the American people against any potential acts of terror," said Kathryn Peterson, Special Agent in Charge of the FBI’s Oklahoma City Division.
On Feb. 5, 2018, Alfallaj was taken into custody by the FBI without incident, based on a criminal complaint signed in the Western District of Oklahoma. According to the complaint, the FBI found 15 of Alfallaj’s fingerprints on an application to an al Qaeda training camp, known as al Farooq, which was one of al Qaeda’s key training sites in Afghanistan. The document was recovered by the U.S. military from an al Qaeda safe house in Afghanistan. The document is also alleged to include an emergency contact number associated with Alfallaj’s father in Saudi Arabia. Alfallaj is alleged to have first entered the U.S. in late 2011 on a nonimmigrant visa based on his wife’s status as a foreign student. According to the complaint, he answered several questions on his visa application falsely, including whether he had ever supported terrorists or terrorist organizations. Alfallaj has been detained in federal custody since his arrest on Feb. 5.
On Feb. 6, a grand jury returned a three-count indictment against Alfallaj. The indictment charged two counts of visa fraud. Count One alleged that from March 2012 to the present, Alfallaj possessed a visa obtained by fraud. Count Two alleged he used that visa in October 2016 to apply for lessons at a private flight school in Oklahoma. The third count charged him with making a false statement to the FBI involving an offense of international terrorism, when he denied ever having associated with anyone from a foreign terrorist group.
At today’s hearing, Alfallaj pleaded guilty to one count of visa fraud and one count of making a false statement to the FBI relating to international terrorism. In particular, he admitted he possessed a nonimmigrant visa from March 2012 to early 2018 that he obtained by fraud. He also admitted he falsely told agents during the December 2017 interview that he had never visited Afghanistan or participated in religious, tactical, or military training outside Saudi Arabia, and otherwise affirmed falsely that all of the answers on his nonimmigrant visa application were true and correct.
Alfallaj faces up to ten years in prison on the visa-fraud offense. He faces up to eight years in prison for making a false statement involving international terrorism. He could also be fined up to $250,000 on each count. As part of his plea agreement, Alfallaj consented to the entry of a stipulated judicial order of removal from the United States at the end of his prison term. The Court will set a sentencing date in approximately 90 days. The maximum sentence is prescribed by Congress and is provided here for informational purposes. Any sentencing of the defendant will be determined by the court, based on the advisory Sentencing Guidelines and other statutory factors.
This case is the result of an investigation by the FBI Joint Terrorism Task Force, which includes members from the U.S. Department of Homeland Security, the U.S. Secret Service, the Transportation Security Administration, the Oklahoma Highway Patrol, the University of Oklahoma Police Department, the Oklahoma City Police Department, and the Edmond Police Department. Assistant U.S. Attorney Matt Dillon of the Western District of Oklahoma and Trial Attorney David C. Smith of the National Security Division’s Counterterrorism Section are prosecuting the case.
Saudi Citizen Admits to Visa Fraud and Concealing Attendance at Al Qaeda Training CampRead the Press Release
Naif Abdulaziz M. Alfallaj, 35, a citizen of Saudi Arabia and a former resident of Weatherford, Oklahoma, has pleaded guilty to visa fraud and making a false statement to the FBI by, among other things, concealing his application to and attendance at an al Qaeda training camp in Afghanistan in late 2000.
Assistant Attorney General for National Security John C. Demers, First Assistant U.S. Attorney Robert J. Troester of the Western District of Oklahoma, and Special Agent in Charge Kathryn Peterson of the FBI’s Oklahoma City Division made the announcement.
On Feb. 5, Alfallaj was taken into custody by the FBI without incident, based on a criminal complaint signed in the Western District of Oklahoma. According to the complaint, the FBI found 15 of Alfallaj’s fingerprints on an application to an al Qaeda training camp, known as al Farooq, which was one of al Qaeda’s key training sites in Afghanistan. The document was recovered by the U.S. military from an al Qaeda safe house in Afghanistan. The document is also alleged to include an emergency contact number associated with Alfallaj’s father in Saudi Arabia. Alfallaj is alleged to have first entered the U.S. in late 2011 on a nonimmigrant visa based on his wife’s status as a foreign student. According to the complaint, he answered several questions on his visa application falsely, including whether he had ever supported terrorists or terrorist organizations. Alfallaj has been detained in federal custody since his arrest on Feb. 5.
On Feb. 6, a grand jury returned a three-count indictment against Alfallaj. The indictment charged two counts of visa fraud. Count One alleged that from March 2012 to the present, Alfallaj possessed a visa obtained by fraud. Count Two alleged he used that visa in October 2016 to apply for lessons at a private flight school in Oklahoma. The third count charged him with making a false statement to the FBI involving an offense of international terrorism, when he denied ever having associated with anyone from a foreign terrorist group.
At today’s hearing, Alfallaj pleaded guilty to one count of visa fraud and one count of making a false statement to the FBI relating to international terrorism. In particular, he admitted he possessed a nonimmigrant visa from March 2012 to early 2018 that he obtained by fraud. He also admitted he falsely told agents during the December 2017 interview that he had never visited Afghanistan or participated in religious, tactical, or military training outside Saudi Arabia, and otherwise affirmed falsely that all of the answers on his nonimmigrant visa application were true and correct.
Alfallaj faces up to ten years in prison on the visa-fraud offense. He faces up to eight years in prison for making a false statement involving international terrorism. He could also be fined up to $250,000 on each count. As part of his plea agreement, Alfallaj consented to the entry of a stipulated judicial order of removal from the United States at the end of his prison term. The Court will set a sentencing date in approximately 90 days. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. Any sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
This case is the result of an investigation by the FBI Joint Terrorism Task Force, which includes members from the U.S. Department of Homeland Security, the U.S. Secret Service, the Transportation Security Administration, the Oklahoma Highway Patrol, the University of Oklahoma Police Department, the Oklahoma City Police Department, and the Edmond Police Department.
Assistant U.S. Attorney Matt Dillon of the Western District of Oklahoma and Trial Attorney David C. Smith of the National Security Division’s Counterterrorism Section are prosecuting the case.
San Jose Man Sentenced to 18 Months in Prison for Mailing Letters Attacking Victims’ Sexual Orientation, Race, and ReligionRead the Press Release
SAN JOSE - Robert Gary Toltzis was sentenced to 18 months in prison for mailing hateful threats to victims because of their sexual orientation, race, and religion, announced U.S. Attorney Alex G. Tse and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The sentence was handed down by the Honorable Edward J. Davila, U.S. District Judge.
Toltzis, 56, of San Jose, pleaded guilty to one count of mailing threatening communications. At the time of his plea, Toltzis admitted to executing a scheme to issue a series threats of death, bodily injury, injury to reputation, and other forms of harassment to at least sixteen different victims. Toltzis sent the threats using anonymous remailers, his own e-mail address, and the U.S. mail and chose his victims based on his belief of their sexual orientation, national origin, and ethnic background. Toltzis acknowledged that he further harmed his victims by mailing copies of the threats to the victims’ friends and family.
Toltzis admitted he knew that some of the victims he targeted had severe mental health conditions whom he knew to be vulnerable to his hateful threats. In addition, Toltzis admitted that on one occasion, he mailed a letter to a victim at his home urging the victim to kill himself and claiming that the victim was a drug addict, bad husband, and a homosexual. Toltzis also admitted he delivered threats to victims who were particularly vulnerable because they had not publicly communicated their sexual orientation to their family, friends, or community.
On November 12, 2014, a federal grand jury indicted Toltzis, charging him with four counts of mailing threatening communications, in violation of 18 U.S.C. § 876(c). He pleaded guilty to one count and the remaining three were dismissed.
In addition to the prison term, Judge Davila ordered Toltzis to pay a $10,000 fine and serve a three-year term of supervised release. Judge Davila scheduled an additional hearing for March 11, 2019, to determine the amount of compensation Toltzis will be ordered to pay his victims.
Assistant U.S. Attorney Patrick R. Delahunty is prosecuting the case with the assistance of Susan Kreider. The prosecution is the result of an investigation by the FBI.
Roundup Nets 15 Defendants in a Home Healthcare Fraud SchemeRead the Press Release
St. Louis – Fifteen area residents were indicted yesterday in eight cases alleging health care fraud by “caregivers” and “home health care clients” purportedly receiving home health care. In each of the cases, the workers and patients are alleged to have sought payment for services from the Missouri Medicaid Program for services not actually rendered. In 14 of the 15 cases, the provision of services at the St. Louis area residences of the clients was an impossibility because either the caregiver and/or the home health care clients were travelling abroad during the times the services were purportedly rendered in the Eastern District of Missouri.
Ghufran Abdallah Jaber, 51, is charged with healthcare fraud;
Hend Msallati, 33, is charged with making false statements;
Fatemeh Akbari, 73, is charged with conspiracy, healthcare fraud and making false statements;
Pegdah Heidari, 27, is charged with conspiracy, healthcare fraud and making false statements;
Ghufran Jaber, 51, is charged with conspiracy, healthcare fraud and making false statements;
Haider Albab, 75, is charged with conspiracy, healthcare fraud and making false statements;
Nouria Habeb, 67, is charged with conspiracy, healthcare fraud and making false statements;
Hala Alalewi, 38, is charged with conspiracy, healthcare fraud and making false statements;
Huda Mohammedjamil, 53, is charged with conspiracy, healthcare fraud and making false statements;
Dena Ahmed, 30, is charged with conspiracy, healthcare fraud and making false statements;
Tony Iyar, 57, is charged with healthcare fraud and making false statements;
Asal Yousif, 53, is charged with healthcare fraud and making false statements;
Kian Abdollah, 52, is charged with conspiracy, healthcare fraud and making false statements;
Mohammed Abdollah, 78, is charged with conspiracy, healthcare fraud and making false statements; and
Dalia Ahmed, 27, is charged with conspiracy, healthcare fraud and making false statements.
"Home health care allows loved ones to stay at home while they receive critical assistance," said Special Agent in Charge Richard Quinn of the FBI St. Louis Division. "When people defraud the program, money is diverted from folks who really need the services."
Steve Hanson, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General, Office of Investigations, Kansas City Region, state, "Our office will continue to pursue those who submit false claims to our programs and hold them accountable. Unscrupulous behavior like this drives up healthcare costs for everyone."
The charges in the Indictment are only accusations and all the defendants are presumed innocent until and unless proven guilty in court.
The case was investigated by the Federal Bureau of Investigation; U.S. Department of Health and Human Services, Office of Inspector General – Office of Investigations; and the Social Security Administration, Office of Inspector General.
AUSA Tracy Berry is handling the case for the U.S. Attorney’s Office.
Rosebud Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Jeffrey W. Provancial, age 27, was indicted on December 11, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 13, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Provancial was convicted of Aggravated Sexual Abuse by Force and Sexual Abuse in July 2010 in federal court. As a result of this conviction, he is required to register as a sex offender for his natural life. It is alleged that between June 13, 2018, and November 2, 2018, Provancial failed to properly register as a sex offender as required by law.
The charge is merely an accusation and Provancial is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Provancial was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rochester Man Convicted Following A Jury Trial of Possessing A Shotgun and Ammunition SentencedRead 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 Quincey Frye, 27, of Rochester, NY, who was convicted following a jury trial of being a felon in possession of a shotgun and ammunition, was sentenced to 40 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Charles E. Moynihan, who handled the prosecution of the case, stated that on March 26, 2016, members from the New York State Department of Corrections and Community Supervision apprehended Frye at 270 Weyl Street in Rochester, after he absconded from parole supervision in early February. While looking for the defendant inside the residence, officers found a shotgun with an ammunition carrying case attached. The ammunition carrier contained four live shotgun shells. Officers found Frye hiding in the attic and arrested him. Evidence presented during the trial showed that after officers took Frye to booking at the Monroe County Jail, he placed a telephone call to his girlfriend. During that telephone call, which was recorded, the defendant accused his girlfriend of telling law enforcement officers about the shotgun and then said he wanted it returned.
At the time, Frye was under the supervision of the New York State Department of Corrections and Community Supervision following a 2012 conviction and serving a prison sentence for Attempted Burglary in the Second Degree.
The prosecution was brought by the United States Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. 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.
Today’s sentencing is the result of an investigation by New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci; the Rochester Police Department, under the direction of Chief Mark Simmons; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
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Recidivist Drug Trafficker from Sampson County Receives Thirty Year Prison SentenceRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in Federal Court, United States District Judge James C. Dever, III sentenced TONY CHEVALLIER, 40, from Clinton, North Carolina, to 360 months in prison, to be followed by 10 years of Federal Supervised Release. CHEVALLIER was part of a regional drug trafficking organization (DTO) that was rooted in Sampson County, North Carolina, but operated throughout the Southeastern United States. In October, 2016, CHEVALLIER and twenty-four other co-defendants were federally indicted and charged with a myriad of drug trafficking, firearm and financial crimes rooted within the DTO. CHEVALLIER was charged with Conspiring to Distribute and Possess with the Intent to Distribute 500 grams or more of methamphetamine – the most severe drug charge one can receive at the federal level.
Of the twenty-five co-defendants named in the indictment, four entered pleas of not guilty and proceeded to a jury trial in May, 2018. After nearly two weeks of evidence presentation that included multiple community witnesses, local and federal law enforcement testimony, forensic, financial and narcotic experts, testimony from co-defendants, and a myriad of other evidentiary sources, the jury found CHEVALLIER and his codefendants guilty of the crimes charged.
At sentencing, CHEVALLIER moved the Court for leniency, arguing for a low-end sentence through contesting estimated drug quantities associated with CHEVALLIER’s drug trafficking activity and the leadership CHEVALLIER maintained throughout the conspiracy. The Court ultimately agreed with the United States, relying upon the extensive criminal history built by CHEVALLIER and the deluge of evidence implicating him in what was described as one of the most significant DTO’s the Court has ever seen. The Court cited the dozens of previous convictions ranging from violent crimes, property crimes, and drug trafficking crimes when fashioning the imposed sentence. The Court further credited witnesses who came forward to assist in the prosecution of CHEVALLIER, whose information assisted law enforcement in better understanding the regional nature in which CHEVALLIER operated. By the end of the investigation, it was determined that CHEVALLIER trafficked large quantities of drugs throughout North Carolina, South Carolina, and Georgia. Highlighting the commitment to criminal activity as demonstrated by CHEVALLIER, the Court noted one example, citing that CHEVALLIER was released from prison in Georgia on February 20, 2016 after being convicted of a Felony Cocaine Trafficking charge in November, 2013. Evidence gathered in this current case showed CHEVALLIER returned immediately to large scale drug trafficking upon his release from custody until he was arrested federally in late 2016.
The investigation relied on multiple agencies and offices at both the federal and state levels. Initially, the investigation into this DTO began with the Sampson County Sheriff’s Office Special Investigations Division. As the scale of this DTO became clearer, other state and federal agencies joined the investigation, including the New Hanover County Sheriff’s Office, Onslow County Sheriff’s Office, Jacksonville Police Department, the North Carolina Highway Patrol, the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the United States Drug Enforcement Administration (DEA), all assuming various roles throughout the multi-year investigation. Ultimately, the investigation was primarily led by ATF, the Sampson County Sheriff’s Office Special Investigations Division, and the Sampson County Sheriff’s Office Criminal Interdiction Unit.
The investigation utilized confidential informants, undercover officers, constant physical surveillance, a Title III wiretap and a myriad of other investigative techniques to uncover the depth and breadth of crimes furthered by the DTO. The investigation determined that CHEVALLIER was ultimately accountable for the distribution of significant quantities of methamphetamine, cocaine, and cocaine base (crack).
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets. Assistant United States Attorneys Brad Knott and Toby Lathan prosecuted the case on behalf of the United States.
Providence Man Admits to Possessing Hundreds of Videos and Images of Child PornographyRead the Press Release
PROVIDENCE, RI –A Providence man arrested for possessing hundreds of videos and images of child pornography pleaded guilty in U.S. District Court today to a charge of possession of child pornography.
Samuel Mendez-Garcia, 42, admitted that he belonged to an online social media group that viewed and exchanged child pornography. Mendez-Garcia also admitted that he sent child pornography via Facebook messenger.
Mendez-Garcia’s guilty plea is announced by United States Attorney Stephen G. Dambruch, Homeland Security Investigations Special Agent in Charge Peter C. Fitzhugh, and Rhode Island State Police Superintendent Colonel Ann C. Assumpico.
According to information presented to the Court, in late March 2018, the National Center for Missing and Exploited Children received information from security personnel at Facebook that a user of their services, with an IP address in Rhode Island, uploaded child pornography. The information was forwarded to the Rhode Island State Police Internet Crimes Against Children (ICAC) Task Force who determined that the IP address and the Facebook account belonged to Mendez-Garcia.
On July 19, 2018, members of the ICAC task force executed a court-authorized search of Mendez-Garcia’s residence and seized a laptop computer and cell phone he owned. Law enforcement officers also seized a cell phone that was in his possession.
A forensic analysis of one of Mendez-Garcia’s cell phones by a member of the ICAC task force revealed more than 600 videos and images containing child pornography, including images involving prepubescent minors and sadistic/masochistic conduct.
Mendez-Garcia, who has been detained in federal custody since his arrest on August 1, 2018, is scheduled to be sentenced on March 14, 2019.
Additionally, an immigration detainer has been lodged against Mendez-Garcia by U.S. Immigration and Customs Enforcement, after it was determined that he entered the United States illegally. It was also determined that Mendez-Garcia was prevented from entering the United States illegally as he attempted to cross the U.S. border from Mexico in 2002.
The case is being prosecuted by Assistant U.S. Attorney John P. McAdams.
United States Attorney Stephen G. Dambruch acknowledges and thanks the Newport Police Department, a member of the ICAC Task Force, for their assistance in the investigation of this matter.
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Pittsburgh Man Indicted on Federal Drug and Gun ChargesRead the Press Release
PITTSBURGH, PA - A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today.
The three–count Indictment, returned on Dec. 12, names Eric Williams, 27, as the sole defendant.
According to the Indictment, Williams was charged with possession with intent to distribute more than 28 grams of cocaine base, a Schedule II controlled substance, as well as quantities of heroin, a Schedule I controlled substance, and fentanyl, a Schedule II controlled substance. Furthermore, Williams was charged with possessing a firearm in furtherance of said drug trafficking crimes.
The law provides for a total sentence of not less than 10 years, but up to life in prison, a $6,250,000 fine, 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 of each defendant.
Assistant United States Attorneys Nicole Vasquez Schmitt and Yvonne Saadi are prosecuting this case on behalf of the government.
The Pittsburgh Bureau of Police conducted the investigation leading to the Indictment in this 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.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pharmacy Owner Convicted in Medicare Fraud SchemeRead the Press Release
A federal jury in Los Angeles, California found a pharmacy owner guilty today for her role in a Medicare fraud scheme involving more than $1.3 million in fraudulent claims for prescription drugs.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Nicola T. Hanna of the Central District of California, Assistant Director in Charge Paul D. Delacourt of the FBI’s Los Angeles Division and Special Agent in Charge Christian J. Schrank of the U.S. Department of Health and Human Services
Office of Inspector General’s (HHS-OIG) Los Angeles Regional Office made the announcement.
After a two-day trial, Tamar Tatarian, 39, of Pasadena, California, was convicted of one count of health care fraud and two counts of wire fraud. Sentencing has been scheduled for Feb. 25, 2019 before U.S. District Judge John F. Walter of the Central District of California, who presided over the trial. Tatarian was the owner of Akhtamar Pharmacy in Pasadena.
According to evidence presented at trial, from approximately October 2015 through approximately October 2017, Tatarian engaged in a scheme involving the submission of fraudulent claims to Medicare Part D plan sponsors for prescription drugs that Akhtamar Pharmacy never ordered from wholesalers, and thus never dispensed to Medicare beneficiaries. Tatarian attempted to conceal the fraud through the creation of fake invoices, reflecting wholesale drug purchases by Akhtamar Pharmacy which had, in fact, never taken place. As a result of this scheme, Tatarian through Akhtamar Pharmacy submitted claims to Medicare for more than $1.3 million in prescription drugs that she never purchased or dispensed to patients, the evidence showed.
This case was investigated by the FBI and HHS-OIG. Trial Attorney Alexis Gregorian and Assistant Chief A. Brendan Stewart of the Criminal Division’s Fraud Section are prosecuting the case.
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. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
PSN Task Force indicts and arrests 19 Individuals for various Federal Drug and Firearms Offenses, including seven documented gang members, in “Operation Gun Done”Read the Press Release
Memphis, TN –19 individuals have been indicted and arrested on various federal drug and firearms violations, including seven documented gang members. U.S. Attorney D. Michael Dunavant announced the indictments and arrests today.
On Thursday, November 29, 2018, Project Safe Neighborhoods Task Force (PSN), which is comprised of agents and representatives from the U.S. Attorney’s Office, Memphis Police Department, Shelby County Sheriff’s Office, Shelby County District Attorney’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), assisted by the United States Marshals’ Service (USMS), conducted a PSN Outstanding Federal Fugitives End of the Year Round-up known as "Operation Gun Done."
During the months of October and November of this year, the PSN Task Force conducted the investigative operation which focused on convicted felons and other prohibited persons in possession or use of firearms in Memphis and Shelby County. Many of these targets also committed other state and federal violations.
During the two month investigation, 19 defendants were federally indicted and arrested during the recent fugitive roundup. Federal charges on these defendants include:
• Possession of a firearm or ammunition by a convicted felon
• Possession of a firearm by a person convicted of a misdemeanor crime of domestic violence
• Carrying or use of a firearm during a crime of violence or a drug trafficking offense
• Unlawful manufacture, possession, or distribution of a controlled substance
• Unlawful shipment, transfer, or receipt of a firearm by a convicted felon
Of the 19 defendants indicted and arrested, 7 of them are identified gang members affiliated with the Gangster Disciples, the Grape Street Crips, and the Vice Lords.
U.S. Attorney D. Michael Dunavant said, "Project Safe Neighborhoods (PSN) is a proven violent crime reduction strategy that works, and is now reinvigorated with additional resources and commitment from our law enforcement partners. Since October 2017, the U.S. Attorney’s Office has increased the number of federal firearms cases filed by over 58 percent, and the number of defendants charged with firearms offenses has increased over 68 percent. These efforts provide targeted prosecution of the worst-of-the-worst offenders to enhance public safety in Memphis and West Tennessee by removing guns from the hands of dangerous people and removing violent offenders from our communities. Reported gun crimes in Memphis and Shelby County are down 17% over the first 3 quarters of 2018, including the categories of murder, business robberies, and aggravated assaults. Putting the right people in prison incapacitates the most violent offenders, upholds the rule of law, deters criminal conduct with a strong message of significant consequences, and makes us all safer."
For more than a decade, law enforcement agencies within the Memphis metropolitan area have, and continue to utilize a crime prevention initiative to target gun crimes in Shelby County. The Project Safe Neighborhoods initiative is the flagship violent crime reduction strategy of the United States Department of Justice (DOJ), and was launched in 2001 to bolster the nation’s previously existing gun crime reduction efforts. PSN was reinvigorated in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
If convicted on firearms charges, the defendants face possible sentences of up to 15 years in federal prison.
The charges and allegations in the indictments are merely accusations, and each of the defendants are considered innocent unless and until proven guilty.
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Ozark Man Pleads Guilty to $2.4 Million Cattle Fraud SchemeRead the Press Release
SPRINGFIELD, Mo. – An Ozark, Mo., man has pleaded guilty in federal court to a $2.4 million wire fraud scheme in which he falsely claimed that he had purchased thousands of head of cattle under a contract with a Texas company.
Dwight Moody Cox, 76, waived his right to a grand jury and pleaded guilty before U.S. Magistrate Judge David P. Rush on Wednesday, Dec. 12, 2018, to one count of wire fraud.
Cox was the owner of Dwight Cox Cattle Company, which provided cattle procurement services. DCCC purchased cattle throughout the region and placed those cattle on land owned or rented by Cox to graze and feed. Once the cattle reached a specified weight, Cox shipped the cattle to his clients.
Cox had a contract with Texas Beef Cattle Company (TBCC), located in Amarillo, Texas, from 2009 until Nov. 30, 2017. During this period of time, Cox purchased cattle from various livestock auction houses and kept them on land he owned or had rented to graze, feed, and provide care. Cox submitted invoices to TBCC for all cattle he purchased, and billed TBCC for feeding the cattle. Once the cattle had reached a weight previously agreed to between Cox and TBCC, the cattle would be shipped by Cox to TBCC. TBCC would then sell the cattle and any profits would be shared equally between TBCC and Cox.
Between April 1, 2017, and Nov. 30, 2017, Cox submitted 35 different invoices, claiming to have purchased approximately 3,250 head of cattle. Cox also claimed to have those cattle grazing on land he owned or rented. In return for his representations, TBCC issued bank transfer payments in the amount of approximately $2,559,419.
In February 2018, TBCC officials contacted Cox and requested that the cattle be shipped to their facility in Amarillo for sale. On Feb. 27, 2018, Cox reported to officials with TBCC that he was unable to deliver the cattle and that he only had 147 head of cattle. When asked why 3,100 head of cattle were missing, Cox admitted that he had submitted false invoices to TBCC.
TBCC officials reported that minus the 147 head of cattle that were received from Cox, he fraudulently obtained $2,403,975 through his wire fraud scheme.
Under federal statutes, Cox is subject to a sentence of up to 20 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the FBI.
Organizer for Multiple Mexican Drug Cartels Pleads Guilty to Conspiracy ChargeRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that Gabino Peralta-Saucedo, a/k/a “Pony,” (43, Michoacán, Mexico) today pleaded guilty to conspiracy to distribute five kilograms or more of cocaine and a quantity of heroin. Peralta-Saucedo faces a minimum mandatory term of 10 years, and up to life, in federal prison. Peralta-Saucedo was arrested in Mexico in September 2016, and was extradited to the United States in September 2018.
According to the
plea agreement , for over a decade, Peralta-Saucedo coordinated the smuggling of thousands of kilograms of cocaine into the United States from Mexico. More than 12,000 kilograms of cocaine were ultimately sold in and around Manatee County on behalf of Peralta-Saucedo, who smuggled and distributed the drugs on behalf of various Mexican drug cartels, including La Familia Michoacán and Los Caballeros Templarios. Peralta-Saucedo also cooperated with other Mexican drug cartels, including the Gulf Cartel and Los Zetas, in order to get drugs across the border into the United States. In addition, coconspirators possessed and distributed heroin in the Tampa Bay area.This case was investigated by the Federal Bureau of Investigation and the Manatee County Sheriff’s Office. The Department of Justice’s Office of International Affairs and Attaché’s Office in Mexico City assisted with the extradition process. It is being prosecuted by Assistant United States Attorney Christopher F. Murray.
This case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Omaha Man Sentenced to 194 Months for Bank RobberyRead the Press Release
James Charles Fentress-Dismuke, 21, was sentenced in federal court Friday, December 14, 2018, in Omaha, Nebraska, for bank robbery and brandishing of a firearm during a crime of violence. The Honorable Robert F. Rossiter, Jr., sentenced Franklin to 8 years, 11 months of imprisonment. There is no parole in the federal system. After completing his term of imprisonment, Fentress-Dismuke will begin a five-year term of supervised release. He was also ordered to pay $100 in restitution.
On November 22, 2017, Fentress-Dismuke, Corita Burnett, Jonathan Franklin, and Vincent McGee were involved in robbing the Security Home Bank in Malmo, Nebraska. Franklin was involved in organizing the participants and planning the robbery. Fentress-Dismuke went into the bank brandishing a firearm and wearing a black ski mask and gloves. Franklin was traffic stopped a short time after the robbery and officers found a mask and two loaded handguns in the trunk of his car. Law enforcement recovered all but $100 of the $20,479.00 that was taken in the robbery.
Franklin pleaded guilty and was sentenced to 13 years, 5 months’ imprisonment. McGee pleaded guilty and is pending sentencing. Burnett has pleaded not guilty and is pending trial.
This case was investigated by the Federal Bureau of Investigation Great Plains Robbery Task Force, the Omaha Police Department Robbery Unit, the Saunders County Sheriff’s Department, the Wahoo Police Department, the Yutan Police Department and Nebraska State Patrol.
Oklee Man Sentenced to Five Years in Federal Prison for Possessing Unregistered Pipe BombsRead the Press Release
United States Attorney Erica H. MacDonald today announced the sentencing of ERIC JAMES REINBOLD, 41, to five years in federal prison for illegally possessing unregistered pipe bombs. REINBOLD was convicted on July 20, 2018, following a three-day trial before Chief Judge John R. Tunheim in U.S. District Court in Fergus Falls, Minnesota.
“The defendant possessed multiple pipe bombs and other items that presented a potentially dangerous situation for the Red Lake County community,” said Assistant U.S. Attorney Julie Allyn. “It is because of a courageous decision made by relatives of the defendant to report the pipe bombs, that the community is safe.”
"Those engaged in building illegal improvised explosive devices are a threat to the community, therefore, this sentence is well deserved," said ATF Special Agent in Charge Kurt Thielhorn of the St. Paul Field Division. "We are grateful that a member of the community came forward and provided information regarding a public safety risk. We are thankful for, and appreciative of, the partnerships we have with local authorities who were an important part of this case."
As proven at trial, on October 22, 2017, law enforcement responded to a report of possible pipe bombs and bomb making materials on hunting land in Oklee, Minnesota. Specifically, they found a plastic tote containing pipe bombs, jugs of gunpowder, fuses, and other bomb making material as well as a receipt for the fuses containing REINBOLD’S name and address.
As proven at trial, on November 2, 2017, law enforcement executed a search warrant at REINBOLD’S residence in Oklee. Officers recovered materials similar to those found on the hunting land as well as handwritten notes related to manufacturing pipe bombs, making homemade explosives, how to use pipe bombs, and diagrams of bombs that match the bombs found in the tote.
Chief Judge John R. Tunheim sentenced REINBOLD today in U.S. District Court in Fergus Falls.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Red Lake County Sheriff’s Office, the Crow Wing County Sheriff’s Office, and the Pennington County Sheriff’s Office. This case was brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state, and local law enforcement to combat violent crime.
Assistant United States Attorneys Julie E. Allyn and Angela Munoz-Kaphing prosecuted this case.
Defendant Information:
ERIC JAMES REINBOLD, 41
Oklee, Minn.
Convicted:
• Possession of unregistered destructive devices, 1 count
Sentenced:
- 60 months imprisonment
- 3 years supervised release
###
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Nineteen Alleged Members of West Baltimore Drug Trafficking Organization Facing Federal Firearms and Drug Distribution ChargesRead the Press Release
Baltimore, Maryland – A federal grand jury late yesterday returned a second superseding indictment charging 19 Baltimore men for a federal drug conspiracy and related firearms charges. Charged in the indictment are:
Calvin Matthews, a.k.a. “Billy” and “Wayne,” age 39;
Waymond Richard, a.k.a. “Squirt,” “Slim,” and “Thugga,” age 24;
Branden Jones, a.k.a. “BR,” age 20;
Isadore White, a.k.a. “Hatch” and “Nook,” age 21;
Nelson Adibe, a.k.a. “Rock” and “Rockhead,” age 54;
Shanee Burtwell, age 35;
Murray Ray, a.k.a. “Mario,” age 21;
Randolph Evans, a.k.a. “Buddha” and “Booda,” age 26;
Nol Johnson, a.k.a. “Pookie,” age 28;
Kenneth Jones, a.k.a. “Hammer,” age 26;
Darnell Sullivan, a.k.a. “50,” age 23;
Yaunike Hilton-Bey, a.k.a. “Neek,” age 21;
Elijah Davis, a.k.a. “Gusto,” age 22;
Malik Cauthorne, a.k.a. “Smoke,” age 24;
Arthur Snowden, a.k.a. “Weechy,” age 38;
Devron Towson, age 27;
Rashawn Cooper, age 20;
Deondre Pederson, a.k.a. “Jim,” age 23; and
Daveon Mcfadden, a.k.a. “Dee,” age 20.The indictment was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; and Interim Commissioner Gary Tuggle of the Baltimore Police Department.
“This year, more than twice as many people will die of fentanyl overdoses in Baltimore than of gun violence,” said U.S. Attorney Robert K. Hur. “Drug dealing and gun violence often go hand in hand. We will continue to apply federal resources to prosecute those who use guns to distribute drugs – peddling death and despair in our neighborhoods.”
“Today's announcement is a direct result of the hard work and dedication shared between local and federal authorities in our efforts to combat gang members who distribute dangerous drugs like heroin and fentanyl in our communities,” said FBI Baltimore Special Agent in Charge Gordon Johnson. “These charges demonstrate our overall strategy and relentless determination to eradicate the drug-fueled gang violence plaguing our communities. The FBI and our partners will continue to pursue investigations into individuals and groups who have furthered the scourge of opioids in our communities."
According to the 19-count indictment, the defendants allegedly conspired to distribute more than 100 grams of heroin and 400 grams of fentanyl. The indictment also alleges that seven of the defendants conspired to use and carry a firearm during and in relation to drug trafficking. Six of those seven individuals are alleged to be previously convicted felons and therefore prohibited from possessing firearms or ammunition.
If convicted, the defendants all face a mandatory minimum of 10 years and up to life in prison for the drug conspiracy. Calvin Matthews, Waymond Richard, Isadore White, Murray Ray, Elijah Davis, Devron Towson, and Rashawn Cooper each face a maximum of 20 years in prison for the firearms conspiracy and all but Ray also face a maximum of 10 years in prison for being a felon in possession of a firearm. Matthews, Richard, Ray, and Cooper face a mandatory minimum of five years and up to life in prison for possession of a firearm in furtherance of a drug trafficking crime. Finally, Matthews, Richard, Ray, and Cooper each face a maximum of 20 years in prison for distribution and possession with intent to distribute controlled substances. The defendants have not yet been scheduled for initial appearances on these charges.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Robert K. Hur commended the FBI Baltimore Safe Streets Task Force and the Baltimore Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys David D. Metcalf and Zachary B. Stendig, who are prosecuting the case.
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New Orleans Man Pleads Guilty to a Heroin Conspiracy and Firearm Possession ChargesRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that PATRICK SCHEXNAYDER, age 27, of New Orleans, has pleaded guilty to federal firearms and narcotics violations.
According to court documents, PATRICK SCHEXNAYDER conspired with others to possess with the intent to distribute 100 grams or more of heroin, in violation of Title 21, United States Code, Sections 841(a)(1) and 846. In addition, on February 23, 2018, SCHEXNAYDER, a convicted felon, possessed a firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).
The Court set sentencing in this matter for March 7, 2019. SCHEXNAYDER faces, as to count one of the indictment, a minimum of five years up to a maximum of 40 years of imprisonment, a fine of $5,000,000, at least four years of supervised release after imprisonment, and a $100 special assessment. As to Count Eighteen, SCHEXNAYDER may receive up to 10 years of imprisonment, a fine of $250,000, up to three years of supervised release, and a $100 special assessment.
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.
U. S. Attorney Strasser praised the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the New Orleans Police Department Multi-Agency Gang Unit in investigating this matter. The case is being prosecuted by Assistant United States Attorneys Maria M. Carboni and Matthew R. Payne.
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New Orleans Man Pleads Guilty to Firearms Charges and Heroin ConspiracyRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that RICHARD GREEN age 29, of New Orleans, has pleaded guilty to six counts of federal firearms and narcotics charges.
According to court documents, GREEN conspired with others to distribute and possess with the intent to distribute one hundred grams or more of heroin, in violation of Title 21, United States Code, Sections 841(b)(1)(B) and 846. GREEN also conspired with others to possess firearms in furtherance of the heroin conspiracy, in violation of Title 18, United States Code, Section 924(o). On July 25, 2017, GREEN and a co-defendant possessed two firearms with extended magazines in a vehicle, even though they were both convicted felons, in violation of 922(g)(1), and 924(a)(2). On April 3, 2018, GREEN also possessed two firearms, along with MDMA and heroin, in a hotel room in Houma, in violation of Title 18, United States Code, Sections 924(c)(1)(A) and 924(c)(1)(A)(i), and Title 21, United States Code, Sections 841(a)(1), and 841(b)(1)(C).
The Court set sentencing in this matter for March 7, 2019. GREEN faces, as to count one of the indictment, a minimum of 5 years imprisonment and a maximum of 40 years imprisonment, a fine of $5,000,000, at least four years of supervised release after imprisonment, and a $100 special assessment. As to count two, GREEN faces a maximum of 20 years imprisonment, a fine of $250,000, up to three years of supervised release after imprisonment, and a $100 special assessment. As to counts thirteen and twenty, GREEN faces, as to each count, a maximum of 10 years imprisonment, a fine of $250,000, up to three years of supervised release after imprisonment, and a $100 special assessment for each count. As to count nineteen, GREEN faces a maximum of 20 years imprisonment, a fine of $1,000,000, up to three years of supervised release after imprisonment, and a $100 special assessment. As to count twenty-one, GREEN faces a minimum of five years imprisonment up to a maximum of life imprisonment, a fine of $250,000, up to five years of supervised release after imprisonment, and a $100 special assessment. The term of imprisonment for this count must be consecutive to any other term of imprisonment imposed.
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.
U. S. Attorney Strasser praised the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, the New Orleans Police Department Multi-Agency Gang Unit, and the Louisiana State Police in investigating this matter. The case is being prosecuted by Assistant United States Attorneys Maria M. Carboni and Matthew R. Payne.
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New Jersey Man Sentenced to 135 Months for Leading Capital Region Drug Trafficking RingRead the Press Release
ALBANY, NEW YORK – Darren Clay Robinson, aka “Mountain,” age 54, of Teaneck, New Jersey, was sentenced today to 135 months in prison, to be followed by 8 years of supervised release, for conspiring with more than 10 people to distribute heroin, crack cocaine and cocaine throughout the Capital Region.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, Robinson admitted that from August 2016 to May 2017, he worked with others to distribute heroin, cocaine base (a/k/a crack cocaine) and cocaine in Albany and Schenectady Counties. Robinson admitted to distributing between 3.5 kilograms and 5 kilograms of cocaine as part of the conspiracy.
Robinson, who has 3 prior drug felony convictions, stored drugs at a residence in Schenectady that he shared with a co-conspirator. On May 11, 2017, law enforcement executing a warrant there seized approximately 300 grams of cocaine, 75 grams of heroin and 25 grams of crack cocaine. At the residence, Robinson also possessed glass mixing cups, 4 digital scales, cutting agents, and various packaging materials, all used in the packaging and distribution of drugs.
Also, on May 10, 2017, law enforcement in Ulster County found, hidden in the engine compartment of the car that Robinson was driving, a bag containing approximately 100 grams of cocaine.
This case was investigated by the FBI and its Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies, including the Schenectady Police Department, Schenectady County District Attorney’s Office, Albany County Sheriff’s Office, New York State Police, and the New York Department of Corrections and Community Supervision. This case is being prosecuted by Assistant U.S. Attorney Michael Barnett.
New Jersey Man Sentenced for Interference with Flight CrewRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Peter G. Strasser announced that JOEL MICHAEL BANE, age 39, of New Jersey, was sentenced Wednesday, December 12, 2018 after pleading guilty on September 13, 2018 to one count of interference with flight crew.
According to the court documents, JOEL MICHAEL BANE intimidated and threatened flight attendants while on Southwest Airlines flight number 208, which departed from Chicago, Illinois, with a destination of New Orleans, Louisiana. The defendant also refused to comply with the captain’s directives to take his seat for landing. After the airplane landed, JOEL MICHAEL BANE assaulted the police officers who escorted him off of the airplane.
U.S. District Court Judge Jane Triche Milazzo sentenced JOEL MICHAEL BANE to a term of two years of probation and a $3,000 fine.
U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Maria M. Carboni is in charge of the prosecution.
New Jersey Heroin Supplier Sentenced to 21+ Years in PrisonRead the Press Release
PITTSBURGH, Pa. – A former resident of Elizabeth, New Jersey, has been sentenced in federal court to a term of imprisonment of 21 years and 10 months, to be followed by 10 years of supervised release, on a charge of conspiracy to possess with intent to distribute and distribution of one kilogram or more of heroin, United States Attorney Scott W. Brady announced today.
Senior Judge Reggie B. Walton of the United States District Court for the District of Columbia imposed the sentence on Aldwin Vega, 43.
According to information presented during a jury trial, between the fall of 2011 and January of 2013, Vega supplied heroin to his co-conspirators who then made between 12 and 20 trips from New Jersey to Pittsburgh to distribute heroin. On January 30, 2013, a co-conspirator drove to Pittsburgh from New Jersey with 700 bricks of heroin. He placed the heroin under a bed at the Comfort Inn located in Robinson Township, PA, where he and another co-conspirator were staying. On January 31, 2013, law enforcement executed a search warrant on the hotel room. A search of the hotel room revealed 519 bricks (approximately 200 had already been sold) of heroin, which were found underneath the bed. Subsequent laboratory tests revealed that Vega’s fingerprints were on the heroin found within the hotel room. During the course of the conspiracy, Vega supplied over one kilogram of heroin to his co-conspirators for distribution in Western Pennsylvania.
Assistant United States Attorney Shanicka L. Kennedy prosecuted this case on behalf of the government.
The Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Pennsylvania Office of the Attorney General, City of Pittsburgh Police Department, Pennsylvania State Police, Allegheny County Sheriff's Office, McKeesport Police Department, Munhall Police Department, and the West Homestead Police Department conducted the investigation that led to the prosecution, conviction and sentencing of Aldwin Vega.
NKC Woman Indicted for Stealing from EmployerRead the Press Release
KANSAS CITY, Mo. – A North Kansas City, Mo., woman has been indicted for embezzling $116,367 from her employer.
Tonya Topel, 41, was charged in an 11-count indictment returned by a federal grand jury in Kansas City, Mo., on Wednesday, Dec. 12, 2018.
According to the indictment, Topel worked at SunSource Homes, Inc., from October 2016 to April 2018 as the officer manager and accountant.
The federal indictment alleges that Topel began embezzling from SunSource a month after she was hired, using several different methods.
Topel allegedly made $47,665 in unauthorized purchases on SunSource business credit cards, including purchasing an airline ticket for her boyfriend. Topel allegedly also issued $40,955 in unauthorized checks to herself. Topel allegedly claimed $19,713 in unauthorized or fraudulent expense reimbursements and allegedly created extra paychecks for herself totaling $5,283. In December 2017, Topel allegedly cashed an unauthorized $2,745 check from SunSource.
The indictment alleges Topel embezzled at least $116,367 from SunSource. According to the indictment, she used the embezzlement proceeds to travel, including to the Bahamas, Arizona, Boston, and Florida. She also used the embezzlement proceeds for retail purchases, restaurants, pets, vehicles, overdraft fees, and to pay her attorney.
The federal indictment charges Topel with two counts of money laundering, related to the payments to her attorney made with stolen funds, and nine counts of wire fraud. The indictment also contains a forfeiture allegation, which would require Topel to forfeit to the government any property derived from the proceeds of the alleged offenses, including a money judgment of $116,367.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Kathleen D. Mahoney. It was investigated by the FBI.
Morgan City Bookkeeper Indicted for Stealing More Than $3 MillonRead the Press Release
LAFAYETTE, La. – United States Attorney David C. Joseph announced today that a federal grand jury has returned a five-count indictment against Karen Duhon, 64, of Morgan City, Louisiana, charging her with one count of conspiracy to commit wire and mail fraud, three counts of wire fraud, and one count of mail fraud.
The indictment alleges that Duhon, who was the bookkeeper at Capital Management Consultants, Inc. ("CMCI"), a family-owned company located in Morgan City, Louisiana, stole more than $3 million from January 1999 through March 2014. Duhon wrote fraudulent checks to herself, which were drawn on CMCI’s bank account and deposited those checks into bank accounts owned by her and her husband. In order to conceal these fraudulent payments from the CMCI account, Duhon made false accounting entries into CMCI’s records. During this time, Duhon also assisted certain family members with their personal finances. She used funds from a family member’s personal brokerage account at Oppenheimer and Co. to make payments on her American Express accounts. As a result of Duhon’s fraudulent activities, she embezzled $3,194,920.
If convicted, Duhon faces up to 20 years in prison, three years of supervised release, restitution, forfeiture and a $250,000 fine.
The FBI investigated the case. Assistant U.S. Attorney Thomas F. Phillips is prosecuting the case.
The charges in the indictment are only accusations; the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Monroe Man Indicted on Federal Drug Trafficking Charges Resulting in DeathRead the Press Release
MONROE, La. – United States Attorney David C. Joseph announced that Anderson Curtel Duke, 33, of Monroe, Louisiana, was indicted on Wednesday by a federal grand jury on two counts of distribution of fentanyl, one of which resulted in a person’s death, three counts of distribution of heroin, two counts of possession with intent to distribute fentanyl, one count of possession with intent to distribute heroin, and one count of possession with intent to distribute methamphetamine.
The indictment alleges that Duke distributed or possessed with the intent to distribute fentanyl, heroin, and methamphetamine beginning May 21, 2018 through June 19, 2018. The indictment further alleges that on June 19, 2018, Duke distributed fentanyl, which resulted in the death of the recipient.
If convicted, Anderson Duke faces 20 years to life on the distribution of fentanyl resulting in death (count 1), up to 20 years on the distribution of fentanyl and heroin and possession with intent to distribute fentanyl and heroin (counts 2-5; 7-9), and five years up to 40 years on the possession with intent to distribute methamphetamine (count 6).
The charges against Duke resulted in an investigation by the Drug Enforcement Administration and the Ouachita Parish Sheriff’s Office. Assistant U.S. Attorney Brandon B. Brown is prosecuting the case.
The charges in the indictment are only accusations. A defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Mission Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Benjamen T. Flute, a/k/a Benjamin T. Flute, age 39, was indicted on December 11, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 13, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Flute was convicted of 2nd-degree rape in December 2007. As a result of this conviction, he is required to register as a sex offender. It is alleged that between September 25, 2018, and November 28, 2018, Flute failed to properly register as a sex offender as required by law.
The charge is merely an accusation and Flute is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Flute was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Middletown, New Jersey, Investment Manager and Former Fire Chief Convicted of Running Ponzi Scheme to Steal More Than $10 MillionRead the Press Release
NEWARK, N.J. – An investment manager with an office in Middletown, New Jersey, has been convicted of running a Ponzi scheme, concealing losses, faking investment returns, and stealing more than $10 million in investor money, U.S Attorney Craig Carpenito announced today.
Vicent P. Falci, 59, of Middletown, was convicted of all four counts of a superseding indictment: three counts of wire fraud and one count of securities fraud. He was convicted Dec. 13, 2018, following a two-week trial before U.S. District Judge Anne E. Thompson in Trenton federal court. The jury deliberated for 90 minutes before returning the verdict.
According to the superseding indictment and evidence at trial:
Falci controlled a number of investment funds under the names “Saber Funds” and “Vicor Tax Receivables LLP.” The Saber Funds were a collection of investment funds that Falci created and operated, starting in the early 2000s. Many of his earliest victims were friends, family, and associates. Falci served as a fire chief in Middletown, and some victims were policemen, fireman, and retirement funds for first responders. The Saber Funds grew to have more than 200 investors from whom the defendant raised more than $10 million.
Falci falsely told investors that the Saber Funds were conservatively invested in tax liens – which generated high returns with little risk. In reality, Falci diverted investor money to himself, his family, and to other companies he controlled. Some of the diverted funds were used for riskier ventures, such as day trading and real estate. Falci concealed losses and his own theft from investors. Based on these misrepresentations, investors continued to entrust additional funds to Falci and left previous investments under his control.
In early 2012, Falci started the Vicor Fund, targeting wealthier investors with greater sophistication in financial affairs. The investors in the Vicor Fund included financial industry professionals, and Falci ultimately raised $20 million from these victims. He again falsely represented that he had experience and a track record of success investing in tax liens, and promised that he could produce high rates of return with little risk. In reality, the assets of the Vicor Fund were rapidly depleted by Falci’s theft.
In order to support his own lifestyle and repay investors the gains he had promised, Falci stole more than $10 million from the Vicor Fund between 2012 and 2016. At the same time, he reported fake investment gains to his investors on monthly statements. Falci concealed his theft in several ways, including by diverting funds to a fake company that he created to steal from investors. He also forged emails and reports, and created fake assets for the fund.
Each charge of wire fraud carries a maximum potential penalty of 20 years in prison and a $250,000 fine. The charge of securities fraud carries a maximum potential penalty of 20 years in prison and a $5 million fine. Sentencing is scheduled for March 21, 2018.
U.S. Attorney Carpenito credited inspectors of U.S. Postal Inspection Service, under the direction of Inspector in Charge James V. Buthorn, with the investigation leading to today’s verdict. He also thanked the N.J. Bureau of Securities in the State Attorney General’s Office, under the direction of Attorney General Gurbir Grewal and Bureau Chief Christopher Gerrold, for its assistance in the investigation.
The government is represented by Assistant U.S. Attorneys Justin Herring, Chief of the Cybercrimes Unit, and Paul A. Murphy, Chief of the Economic Crimes Unit, of the U.S. Attorney’s Office Criminal Division in Newark.
Michigan woman indicted for helping man avoid registering as a sex offenderRead the Press Release
A Michigan woman was indicted for helping a man avoid registering as a sex offender.
Heather Butler, 30, of Romulus, Michigan was indicted on one count of failure to register as a sex offender.
Butler traveled from Michigan to Ohio and rented and paid for a hotel room in Rossford, Ohio, which assisted a sex offender in evading sex offender registration requirements, according to the indictment.
If convicted, the defendant's sentence will be determined by the Court after reviewing factors unique to this case, including the defendant's prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the United States Marshal Service. The case is being handled by Assistant U.S. Attorneys Ashley A. Futrell and Tracey Ballard Tangeman.
An indictment is only a charge and is not evidence of guilt. The burden of proof is always on the government to prove a defendant guilty beyond a reasonable doubt.
Mexico citizen admits illegal reentry after being found by Glacier National Park rangersRead the Press Release
GREAT FALLS – A citizen of Mexico admitted on Dec. 11 in federal court to being in the United States illegally after Glacier National Park personnel found him walking while on patrol, U.S. Attorney Kurt G. Alme said.
Luis Alejandro Lopez-Solis, 36, of Mexico, pleaded guilty to illegal reentry.
U.S. District Judge Brian M. Morris presided at the hearing. Sentencing is set for Feb. 21, 2019. Lopez-Solis is detained.
Lopez-Solis faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release.
If the case had gone to trial, the government would have presented the following information as evidence:
On Sept. 24 while on routine patrol of the Goat Haunt area of Glacier National Park, park personnel told St. Mary Border Patrol agents of a suspicious person walking south from the Goat Haunt Ranger Station area. Border Patrol agents searched for the person and later identified Lopez-Solis. Agents found him talking to a park law enforcement ranger on a trail south of the ranger station. Lopez-Solis was taken to the ranger station for an interview. Lopez-Solis, who was in wet clothing and shivering, said he had fallen into a nearby creek while trying to cross it.
Agents arrested Lopez-Solis and flew him by helicopter from the ranger station to the St. Mary Border Patrol Station for further investigation. He confirmed he was a citizen of Mexico.
Lopez-Solis told agents he left Mexico on Sept. 21, 2018 and had arrived the same day in Canada. There, he rented a car and traveled to Waterton, Alberta, where on Sept. 24 he started walking south, crossing into the United States, until he got found by the National Park Service rangers. He said his plan was to follow the NPS trail system to Chief Mountain where his girlfriend was going to pick him up.
Lopez-Solis was deported in May 2017 after conviction on passport fraud. He did not have permission to reenter the United States.
Assistant U.S. Attorney Paulette Stewart is prosecuting the case, which was investigated by U.S. Border Patrol and Glacier National Park Law Enforcement.
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Mexican Citizen Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Emmanuel Lucero-Saavedra, age 40, and a citizen of Mexico, was sentenced yesterday to time served (11 months in jail), for illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
Lucero-Saavedra has been previously removed from the United States to Mexico four times, the most recent removal taking place on June 27, 2015. On January 10, 2018, he was encountered and arrested by an ICE Officer in Albany. Lucero-Saavedra admitted that he returned to the United States without permission following the June 27, 2015 removal.
Following sentencing, Lucero-Saavedra was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by HSI and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Mexican Citizen Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Ernesto Bautista Juarez, age 25, and a citizen of Mexico, was sentenced yesterday to time served (28 days in jail), for illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
Bautista Juarez has been previously removed from the United States to Mexico three times, the most recent removal occurring on March 28, 2015. On November 15, 2018, he was encountered and arrested by an ICE Officer in Saratoga Springs, New York. A fingerprint check of Bautista Juarez resulted in the discovery of the prior removals. Bautista Juarez admitted that he returned to the United States without permission following the March 28, 2015 removal. Bautista Juarez has never been authorized to enter or reside in the United States.
Following sentencing, Bautista Juarez was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Mexican Citizen Sentenced for Destruction of Government PropertyRead the Press Release
ALBANY, NEW YORK – Moises Orozco Castaneda, age 57, and a citizen of Mexico, was sentenced yesterday to time served (41 days in jail), for misdemeanor destruction of government property.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
Orozco Castaneda, an illegal alien, was arrested by ICE in Troy, New York, in June 2018. ICE released Orozco Castaneda from custody but the conditions of his release required that he wear an ankle-monitoring device so that his release could be supervised by ICE. On September 11, 2018, ICE was notified that the monitoring device had been removed from Orozco Castaneda’s ankle. The device was recovered in Troy that same day. Orozco Castaneda was encountered at an Albany bus station and he admitted to cutting off the device.
Following his sentencing, Orozco Castaneda was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Mayport Navy Lieutenant Pleads Guilty to Using the Internet to Entice and Meet A Child to Engage in Sexual ActivityRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces today that Michael Douglas McNeil (31, Jacksonville) has pleaded guilty to using the internet to attempt to entice a child to engage in sexual activity. McNeil faces a minimum mandatory penalty of 10 years, and up to life, in federal prison. McNeil is a lieutenant in the U.S. Navy; he has been detained since his arrest on August 30, 2018.
According to court documents, on August 27, 2018, a detective with the Clay County Sheriff’s Office, who was posing online as a family member of a 12-year-old handicapped child, received a message on a social media application from McNeil, who identified himself as “Mark.” McNeil expressed interested in having sex with the “child” and was advised that the “child” was 12 years old. Between August 27 and August 30, 2018, McNeil and the undercover detective discussed plans for McNeil to meet the “child” for sex. McNeil asked for several photos of the “child,” sent the undercover detective an explicit photo of himself, and asked specific questions about the “child’s” sexual experience and abilities. On August 30, 2018, McNeil drove to a coffee shop in Orange Park to meet the “child” for sex and was arrested.
During an interview, McNeil admitted, among other things, that he had engaged in online and text conversation with the “guardian” of the 12-year-old “child,” that he had sent them a photo of his own genitalia, and that he showed up to meet the “child” because of his “curiosity” about “a younger girl.”
This case was investigated by the Clay County Sheriff’s Office, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Naval Criminal Investigative Service, and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case 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.
Maryland Man Sentenced to Five Years in Prison for Participating in a Drug Trafficking ConspiracyRead the Press Release
WASHINGTON – Everette Reel, 46, of Upper Marlboro, Md., was sentenced today to five years in prison on charges stemming from an investigation into a narcotics conspiracy involving eight individuals in Washington, D.C. and Maryland, announced U.S. Attorney Jessie K. Liu and Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office.
Reel pled guilty in September 2018 in the U.S. District Court for the District of Columbia to one count of conspiracy to distribute and possess with intent to distribute 28 grams or more of cocaine base and a detectable amount of cocaine. The Honorable Richard J. Leon sentenced Reel to the prison term, to be followed by five years of supervised release.
Reel was arrested with seven other individuals in March 2018 on charges stemming from a conspiracy to distribute and possess with intent to distribute cocaine and 280 grams or more of crack. In May 2015, the FBI, with the assistance of the Metropolitan Police Department (MPD), began a long-term investigation into a drug trafficking organization that operated in the Montana Terrace neighborhood of Northeast Washington and extended into Maryland. Numerous defendants also were charged with possessing and distributing various narcotics, including crack, cocaine, PCP and fentanyl, during the period of the investigation.
During the execution of a search warrant on Reel’s residence, FBI agents recovered approximately 15 grams of cocaine, a .40 caliber Springfield Armory pistol, 12 rounds of ammunition in two separate calibers, a gun box, and approximately $16,000 in cash.
This case is part of an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation. OCDETF specializes in the investigation and prosecution of drug trafficking and money laundering organizations and related criminal enterprises.
In announcing the sentence, U.S. Attorney Liu and Assistant Director in Charge McNamara, commended the work of those who investigated the case. They cited the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including Paralegal Specialists Jeannette Litz and Teesha Tobias, and Assistant U.S. Attorneys Christopher Macchiaroli and Kevin Rosenberg of the Violent Crime and Narcotics Section, who conducted the underlying investigation, indicted the case, and are prosecuting the remaining defendants.
Marshall County man admits to drug distribution chargeRead the Press Release
WHEELING, WEST VIRGINIA – Kevin Mark Simms, of Moundsville, West Virginia, has admitted to a drug distribution charge, United States Attorney Bill Powell announced.
Simms, age 63, pled guilty to one count of “Distribution of Oxycodone.” Simms admitted to selling oxycodone in Marshall County in October 2017.
Simms 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 Robert H. McWilliams, Jr. is prosecuting the cases on behalf of the government. The Marshall County Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
Senior U.S. District Judge Frederick P. Stamp, Jr. presided.
Man Sentenced for Distributing Fentanyl Causing Serious Bodily InjuryRead the Press Release
ALEXANDRIA, Va. – A Dumfries man was sentenced today to over 21 years in prison for distribution of fentanyl causing serious bodily harm.
According to court records, Christopher Louis Sorensen, 31, admitted that in February he distributed fentanyl to a female friend who later suffered respiratory arrest, a life-threatening condition that required medical intervention, including CPR and Narcan, a life-saving opioid overdose reversal drug used by first responders.
According to the statement of facts, Sorensen admitted that from 2015 to 2018, he sold over 400 grams of fentanyl, which he purchased from drug dealers in Baltimore. Additionally, Sorensen admitted that from 2009 to 2018, he sold over 5,000 tablets of 30 milligram oxycodone pills, acquired from a medical provider in Maryland and filled by a pharmacy in the Eastern District of Virginia, and often sold the tablets in the vicinity of the pharmacy that filled the prescription.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Matthew J. DeSarno, Special Agent in Charge of the Criminal Division at the FBI’s Washington Field Office, made the announcement after sentencing by Senior U.S. District Judge T.S. Ellis III. Assistant U.S. Attorney James L. Trump and Special Assistant U.S. Attorney Kaitlin Paulson prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-237.
Man Pleads Guilty to Defrauding Bank and Small Business Administration of MillionsRead the Press Release
A Tulsa man entered a guilty plea today for defrauding a bank of nearly $5 million and to bankruptcy fraud, announced U.S. Attorney Trent Shores.
Zealand Benjamin Thigpen III, 68, pleaded guilty in U.S. District Court to defrauding Arvest Bank of $4,754,488 from 2015 to 2017.
As part of his scheme, Thigpen owned and operated Julimar Trading, LLC., which bought and sold refined metal alloys, principally for the production of steel. Julimar’s operations were funded by Avrest Bank and, in part, guaranteed by the Small Business Administration. The bank financing was secured by his company’s inventory and accounts receivable, as well as Thigpen’s personal guarantees. When submitting financial documentation to the bank on October 4, 2016, Thigpen provided false information about the value of Julimar’s inventory and accounts receivable, explaining the inventory was worth $5,816,335. As a result, Arvest and Small Business Administration continued his line of credit under false pretenses. In fact, the accounts receivable and inventory were nearly non-existent.
Later, on November 18, 2016, Thigpen filed pursuant to Chapter 7 in U.S. Bankruptcy Court, and once again lied about Julimar’s inventory, stating that it was worth just over $3.3 million, when he was fully aware it only totaled only a few thousand dollars.
“Mr. Thigpen defrauded Arvest Bank and the federal government of more than $4.7 million. Moreover, he exploited a system set up to provide opportunities to innovative entrepreneurs pursuing legitimate businesses,” stated U.S. Attorney Trent Shores. “Fraudsters like Mr. Thigpen hurt the health of our economy. Our federal prosecutors who focus on white collar crime take great pride in the fact that they help protect the integrity of our financial institutions. I appreciate their diligence and commitment to upholding the rule of law.”
As part of his plea, Thigpen agreed to the entry of a forfeiture money judgment of $4,754,488. U.S. District Judge Claire V. Eagan set sentencing for March 20, 2019. Thigpen faces a maximum penalty of 30 years in prison as to the bank fraud and 5 years in prison as to the bankruptcy fraud.
This case resulted from a joint investigation performed by the Offices of Inspectors General of the Department of the Treasury and the Small Business Administration and was prosecuted by Assistant U.S. Attorney Kevin C. Leitch.
Long Island Man Sentenced to 90 Months’ Imprisonment for Fentanyl TraffickingRead the Press Release
Earlier today, in federal court in Central Islip, Jamal Brown was sentenced by United States District Judge Joseph F. Bianco to 90 months’ imprisonment for distributing and possessing with intent to distribute more than 40 grams of fentanyl between July 2017 and February 2018. Brown pleaded guilty to the charge in May 2018.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Ray Donovan, Special Agent-in-Charge, U.S. Drug Enforcement Administration, New York Division (DEA), announced the sentence.
“Brown preyed on vulnerable addicts to enrich himself, exposing them to significant risk of overdose with fentanyl, a drug that is a leading factor in the opioid crisis plaguing Long Island and the United States,” stated United States Attorney Donoghue. “To facilitate his illegal drug distribution, Brown even involved his teenage brother. Thanks to the outstanding work of our prosecutors and law enforcement partners, Brown has now been held accountable.” Mr. Donoghue also expressed his grateful appreciation to the Bureau of Alcohol, Tobacco, Firearms and Explosives for its assistance during the investigation and the DEA’s Long Island Heroin Task Force, which is comprised of the Nassau County Police Department, Suffolk County Police Department and New York State Police.
“Drug trafficking is inevitably linked to corruption, crime and addiction,” stated DEA Special Agent-in-Charge Donovan. “Jamal Brown turned his younger brother into a drug dealer, exposed his newborn child to fentanyl and encouraged drug use by addicts seeking treatment. Today’s sentencing is a result of the hard work and collaboration between the Heroin Enforcement Team, ATF and the U.S. Attorney’s Office EDNY.”
According to court filings, sentencing submissions and facts presented during court proceedings, between July 2017 and February 2018, Brown possessed and sold more than 40 grams of fentanyl, along with quantities of cocaine, which he stored at locations in Bay Shore and Huntington Station, New York. As part of his drug-trafficking operation, Brown used his 17-year-old brother to sell fentanyl and cocaine for him and to store sale proceeds, which he gave to Brown. Telephone calls intercepted over a court-authorized wiretap revealed that Brown also relied on an individual – who had told Brown of his struggles with addiction and of his plan to enter a rehabilitation facility – to transport narcotics and pick up drug sale proceeds.
On February 27, 2018, search warrants executed at Brown’s Long Island drug locations resulted in the recovery of more than 76 grams of fentanyl, more than 150 grams of cocaine, a .32 caliber Smith and Wesson handgun, ammunition and other evidence of drug trafficking. At the time of the execution of the search warrants, Brown’s newborn child was inside the Huntington Station location where approximately 10 grams of fentanyl were recovered.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorney Bradley T. King is in charge of the prosecution.
The Defendant:
JAMAL BROWN
Age: 26
Huntington Station, New York
E.D.N.Y. Docket No. 18-CR-182 (JFB)Local Woman Sentenced for Her Role in Attempting to Introduce Controlled Substances into the Orleans Justice CenterRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that BRITTANY THEOPHILE, age 30, of New Orleans, was sentenced yesterday by United States District Judge Nannette Jolivette Brown, to 21 months imprisonment for her role in attempting to introduce controlled substances into the Orleans Justice Center. Upon release from imprisonment, she will serve a one year term of supervised release.
According to court documents, THEOPHILE pleaded guilty to one count of violating Title 21, United States Code, Section 843(b), using a telephone in the commission of a conspiracy to distribute controlled substances. Her co-defendant and friend, ELTON WILLIAMS, was an inmate at the Orleans Justice Center. WILLIAMS solicited the assistance of THEOPHILE and CIBONEY PARKER (a civilian employee of the Orleans Parish Sheriff’s Office), and another friend, RACHELLE KELSON, to smuggle drugs into the jail. THEOPHILE and KELSON provided the drugs, including marijuana, heroin, and Tramadol, to PARKER during her work shift. The Orleans Parish Sheriff’s Office Intelligence Division became aware of the plan through audio and visual surveillance and detained PARKER before she could gain access to WILLIAMS. WILLIAMS, PARKER, and KELSON will be sentenced in early-2019.
U.S. Attorney Peter Strasser praised the work of the FBI and the Orleans Parish Sheriff’s Office Investigative Service Bureau. Assistant United States Attorney Tracey Knight is in charge of this prosecution.
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Lima man indicted for child pornography offensesRead the Press Release
A Lima man was indicted on child pornography charges.
Dustin Davis, 41, was indicted on one count of receipt and distribution of child pornography.
Davis received and distributed numerous images of child pornography between September and November 2018, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the Department of Homeland Security. The case is being handled by Assistant U.S. Attorney Tracey Ballard Tangeman.
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Leader and Others Sent to Federal Prison in Cocaine and Meth Trafficking OperationRead the Press Release
GALVESTON, Texas – A 41-year-old Mexican national who illegally resided in Houston has been ordered to prison following his conviction of conspiracy to possess with intent to distribute cocaine and methamphetamine, announced U.S. Attorney Ryan K. Patrick. Agusto Lazo-Aguirre pleaded guilty March 2, 2018.
Today, U.S. District Judge George C. Hanks Jr. ordered him to prison for 325 months. Not a U.S. citizen, he is expected to face deportation proceedings following his release. At the hearing, Lazo-Aguirre was found to be a leader, manager and organizer of the group and was found to have distributed or been responsible for the distribution of more than five kilograms of cocaine and more than 50 grams of actual methamphetamine during the course of the conspiracy between July 1, 2015, and Feb. 22, 2016.
Previously sentenced were Tony Perez, 24, of Dickinson and Carlos Chayane Morales, 27, of Galveston. Perez received a 168-term of imprisonment, while Morales was ordered to serve a sentence of 120 months.
The investigation began in September 2014. It revealed Lazo-Aguirre purchased cocaine and methamphetamine from several sources in the Houston area and worked with known co-conspirators, such as Perez and Morales. They facilitated the distribution of cocaine and methamphetamine in the Houston-Galveston area and to other destinations throughout the United States.
Those that participated in the conspiracy obtained drugs from or through Lazo-Aguirre and delivered or sold the same drugs in the Houston-Galveston area. They obtained payments in cash for the drugs and returned it to Lazo-Aguirre. Lazo-Aguirre paid these other persons in cash or with drugs.
He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration conducted the investigation. Assistant U.S. Attorney Kenneth Cusick is prosecuting the case.
Justice Department Requires Divestitures to Resolve Antitrust Concerns in Gray’s Merger with RaycomRead the Press Release
The Department of Justice announced today that it will require Gray Television Inc., and Raycom Media Inc., to divest broadcast television stations in nine markets as a condition of resolving a challenge to the proposed $3.6 billion merger between Gray and Raycom.
The Justice Department’s Antitrust Division filed a civil antitrust lawsuit in the U.S. District Court for the District of Columbia to block the proposed merger. At the same time, the Division filed a proposed settlement that, if approved by the court, would resolve the suit by remedying the competitive harms alleged in the complaint, through the divestitures and related conditions.
“Without the required divestitures, Gray’s merger with Raycom threatens serious competitive harm to cable subscribers and small businesses,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “I am pleased, however, that we have been able to reach a speedy and complete resolution of the Division’s concerns, thanks in part to the parties’ commitment to engage in good faith settlement talks from the outset of our investigation.”
According to the complaint, without the divestitures the merger would eliminate head-to-head competition between Gray and Raycom in the nine local markets in which the divestitures are being required. In each of those markets, the transaction would increase the number of “Big Four” affiliate stations owned by Gray (i.e., affiliates of NBC, CBS, ABC, or FOX), leaving Gray with two or more Big Four stations in each area. The divestiture markets are Knoxville, Tennessee; Toledo, Ohio; Waco–Temple–Bryan, Texas; Tallahassee, Florida–Thomasville, Georgia; Augusta, Georgia; Odessa-Midland, Texas; Panama City, Florida; Albany, Goergia; and Dothan, Alabama.
As a result of the merger, the combined company would likely charge cable and satellite companies higher retransmission fees to carry the combined company’s broadcast stations, resulting in higher monthly cable and satellite bills for millions of Americans.
The merger would also enable the company to charge local businesses and other advertisers higher prices for spot advertising in the divestiture markets. Businesses rely on competition among broadcast station owners to obtain reasonable advertising prices. Gray and Raycom compete with one another for the business of local advertisers, and the proposed merger would eliminate that competition, harming local businesses.
The Antitrust Division has determined that the divestitures would resolve antitrust concerns related to the licensing of Big Four television retransmission consent and the sale of broadcast television spot advertising that would otherwise result from the merger. The divestitures required under the settlement announced today would, if approved by the court, require Gray to sell the Big Four affiliate stations currently owned by either Raycom or Gray in each of the nine markets where the companies have Big Four overlaps. The settlement requires that the divestitures be accomplished in such a way as to satisfy the United States that the divested stations and associated assets will be used by the buyers as part of a viable, ongoing commercial television broadcasting business.
Gray Television Inc. is a Georgia corporation with its headquarters in Atlanta, Georgia. Gray owns 92 television stations in 56 local markets, of which 83 are Big Four affiliate stations.
Raycom Media Inc. is a Delaware corporation with its headquarters in Montgomery, Alabama. Raycom owns 51 television stations in 43 local markets, of which 45 are Big Four affiliate stations.
As required by the Tunney Act, the proposed settlement, along with the department’s competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement within 60 days of its publication to Owen Kendler, Chief, Media, Entertainment, and Professional Services Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 4000, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the court may enter the final judgment upon a finding that it serves the public interest.
Jury Finds White River Woman Guilty of Assault with a Dangerous WeaponRead the Press Release
United States Attorney Ron Parsons announced that Crystal Earth, age 26, of White River, South Dakota, was found guilty of Assault With a Dangerous Weapon following a four-day jury trial in Pierre, South Dakota. The verdict was returned on December 14, 2018.
The charge carries a maximum sentence of up to 10 years in 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.
Earth was indicted by a federal grand jury on April 17, 2018. The conviction stems from an incident that occurred on February 26, 2018, in the Horse Creek Community near White River. On that date, Earth was at her home in Horse Creek drinking alcoholic beverages and socializing with a group of people that included the victim. At one point, Earth and the victim, an adult male, got into an argument. Earth took a knife from the kitchen and repeatedly stabbed the victim in the chest and in the face, causing multiple puncture wounds to the victim’s chest and a deep laceration to his chin.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorneys Kirk Albertson and Cameron Cook prosecuted the case.
A sentencing date has not been set. Earth was remanded to the custody of the U.S. Marshals Service pending sentencing.
Jury Convicts Osceola Woman of Social Security FraudRead the Press Release
KANSAS CITY, Mo. – An Osceola, Mo., woman has been convicted by a trial jury of stealing $47,340 in Social Security benefits.
Carol Ann Davis, 56, was found guilty on Wednesday, Dec. 12, 2018, of five counts of wire fraud and one count of theft of government money.
Davis was approved in April 2003 to receive disability insurance benefits. Her son was approved to receive auxiliary benefits, and Davis served as the representative payee for her son’s auxiliary benefits. Davis received monthly disability insurance auxiliary benefits earmarked for her son between June 2007 and December 2014. However, Davis’s son was not residing with her during that time frame, and she did not use the benefits for the care of her son. Davis, therefore, was not entitled to receive the auxiliary benefits.
Davis falsely reported that her son lived with her and that she spent the entirety of auxiliary benefits for the care of her son. In fact, her ex-husband gained residential custody of their son in June 2007.
Counts one through five of the indictment relate to five auxiliary benefits checks of $579 each that Davis received from August through December 2014.
Following the presentation of evidence, the jury in the U.S. District Court in Kansas City, Mo., deliberated for about two and a half hours on Wednesday before returning the guilty verdict to U.S. District Judge Brian C. Wimes, ending a trial that began Monday, Dec. 10, 2018.
Under federal statutes, Davis is subject to a sentence of up to 20 years in federal prison without parole on each of the wire fraud counts and up to 10 years in federal prison without parole for the theft count. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Special Assistant U.S. Attorney Courtney R. Pratten and Assistant U.S. Attorney Brian P. Casey. It was investigated by the Social Security Administration, Office of Inspector General.
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned this week before U.S. Magistrate judges and indictments handed down by the Grand Jury were unsealed. Indictments are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan on Dec. 10 and pleading not guilty were:
Danika Nurea Sanchez, 20, of Lame Deer, on charges of conspiracy to possess methamphetamine with intent to distribute and possession with intent to distribute meth. If convicted of the most serious crime, Sanchez faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. The case was investigated by the Drug Enforcement Administration. Pacer case reference. 18-143.
Romer Jesse Jaure, 27, of Busby, on charges of sexual abuse of a minor and abusive sexual contact. If convicted of the most serious crime, Jaure faces a maximum 15 years in prison, a $250,000 fine and five years of supervised release. The case was investigated by the FBI. Pacer case reference. 18-148.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston on Dec. 11 and pleading not guilty were:
Holden Stillsmoking, 26, of Browning, on charges of strangulation and assault resulting in serious bodily injury. If convicted of the most serious crime, Stillsmoking faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. The case was investigated by the FBI. Pacer case reference. 18-102.
Martin St. Goddard, 32, of Browning, on charges of assault with a deadly weapon and assault resulting in serious bodily injury. If convicted of the most serious crime, Goddard faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. The case was investigated by the FBI. Pacer case reference. 18-100.
Rand Michael Emineth, 26, of Great Falls, on charges of conspiracy to distribute explosives without a license, possession of stolen explosives and felon in possession of a firearm. If convicted of the most serious crime, Emineth faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Great Falls Police Department. Pacer case reference. 18-90.
Mahliani Kataya Red Eagle, 20, of the Fort Peck Reservation, on charges of possession with intent to distribute methamphetamine. If convicted of the most serious crime Red Eagle faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. The case was investigated by the FBI and Fort Peck Criminal Investigation. Pacer case reference. 18-98.
Justin Leonard Sheehan, 43, of Great Falls, on charges of conspiracy to possess with intent to distribute meth, possession with intent to distribute meth and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious drug crime, Sheehan faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. He also faces a minimum mandatory five years to life in prison consecutive to any other sentence on the firearms count. The case was investigated by the Drug Enforcement Administration. Pacer case reference. 18-101.
Gary Girard Sheehan, 67, of Great Falls, on charges of conspiracy to possess with intent to distribute meth, possession with intent to distribute meth and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious drug crime, Sheehan faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. He also faces a minimum mandatory five years to life consecutive to any other sentence on the firearms count. The case was investigated by the Drug Enforcement Administration. Pacer case reference. 18-101.
Lothar Konrad Krauth, 80, Great Falls, on charges of receipt of child pornography. If convicted of the most serious crime, Krauth faces a minimum mandatory five years to 20 years in prison, a $250,000 fine and three years of supervised release. The case was investigated by Homeland Security Investigations. Pacer case reference. 18-99.
Appearing in Missoula before U.S. Magistrate Judge Jeremiah C. Lynch on Dec. 12 and pleading not guilty was:
Candace Hessel Cummings, 65, of Libby, on charges of tax evasion. If convicted of the most serious crime, Cummings faces a maximum five years in prison, a $100,000 fine and three years of supervised release. The case was investigated by the IRS. Pacer case reference. 18-56.
Appearing on Dec. 13 and pleading not guilty was:
Tina Marie Johnstone, 53, of Helena, on charges of theft of public money and concealment of facts impacting Supplemental Security Income. If convicted of the most serious crime, Johnstone faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. The case was investigated by the Social Security Administration. Pacer case reference. 18-19.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Indian National Sentenced for Immigration and Investment Fraud SchemeRead the Press Release
ALEXANDRIA, Va. – A native and citizen of India, most recently from Iowa, was sentenced today to four years in prison for an investment fraud scheme and impersonating an employee of the Department of Homeland Security selling genuine United States visas as part of another fraud scheme.
According to court documents, Kanwar Sarabjit Singh, 51, convinced over 20 members of a local Gospel church in Pigeon Forge, Tennessee, that he was a successful businessman who owned a company in India that had a contract with Disney Animation Studios. Promising a large return on their cash investments after a short period of time, Singh took over $340,000 from the victims, many of whom were elderly and had liquidated their retirement accounts or mortgaged their homes, and kept it for himself. Singh also created a fake persona on Facebook and reached out to individuals seeking to come to the United States, or remain in the United States, by offering to get them United States visas in exchange for $3,000 to $4,000. For both schemes, Singh created and used false and fraudulent documents, including a fake identification card purporting to be from the Department of Homeland Security, to assure his victims that he was a federal employee.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Matthew J. DeSarno, Special Agent in Charge of the Criminal Division at the FBI’s Washington Field Office, and Patrick J. Lechleitner, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C., made the announcement after sentencing by U.S. District Judge Liam O’Grady. Assistant U.S. Attorney Kimberly R. Pedersen prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-228.
Hot Springs Insurance Agent Pleads Guilty to Defrauding Banks Out of over $3.5 MillionRead the Press Release
Hot Springs, Arkansas – Duane (DAK) Kees, United States Attorney for the Western District of Arkansas announced today that Berry Roland Bishop, age 67, of Hot Springs, Arkansas, pleaded guilty to the offense of Knowingly Defrauding Financial Institutions. The Honorable Susan O. Hickey accepted the plea in the United States District Court in Hot Springs.
According to the Information filed by the United States Attorney’s Office and the plea agreement accepted by the District Court, Bishop defrauded two area banks by two separate schemes. Bishop, president of the Alliance Insurance Group of Arkadelphia, forged the signatures of multiple insurance clients and applied for twenty-seven separate loans in their names with the Bank of Prescott. Bishop applied for these loans without the authorization or knowledge of those clients and, in the process, defrauded the Bank of Prescott out of over $2.1 million. As part of his plea, Bishop also admitted that he defrauded Citizens Bank out of $200,000 by misrepresenting the financial condition of his company, specifically the condition of the collateral, to induce Citizens to approve loans to his company that would not have otherwise been authorized. Bishop applied for these loans from Citizens Bank and the Bank of Prescott to improve the cash flow of his business. According to the plea agreement, both the Government and Bishop agree that the total loss amount attributed to Bishop’s criminal conduct will exceed $3.5 million dollars.
The defendant’s sentence will be determined by the court at a later date. In this case, Bishop faces a maximum sentence of up to thirty years in prison and a fine up to $ 1 million dollars for the Bank Fraud charge.
The FBI investigated the case and Assistant U.S. Attorney Benjamin Wulff of the Western District of Arkansas is prosecuting the case.
Haitian Citizen Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Faveur Cassamajor, age 45, and a citizen of Haiti, was sentenced yesterday to time served (56 days in jail), and a 2-year term of post-release supervision, for illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.
Cassamajor was ordered removed from the United States to Haiti on November 6, 2002. Cassamajor was not removed and instead was released to reside in the United States. On August 21, 2017, Cassamajor departed the United States while the removal order was pending and entered Canada. On October 18, 2018, he was encountered and arrested by a Border Patrol Agent just south of the border after he entered the United States without inspection approximately three miles west of the Champlain Port of Entry. A fingerprint check of Cassamajor resulted in the discovery of the active removal order. Cassamajor admitted that he returned to the United States without permission.
Following the sentencing, Cassamajor was remanded to the custody of the Department of Homeland Security, for removal from the United States.
This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Gun and Gang Defendants Receive Substantial Sentences in Operation Brass CatcherRead the Press Release
United States Attorney Joe Kelly announced today the conclusion of a two-year long drug and gun operation, dubbed Operation Brass Catcher. This investigation involved the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Omaha Police Department. The arrests of these individuals were first announced in June 2017 when law enforcement officials conducted early morning operations in Northeast and Northwest Omaha, armed with arrest warrants for 22 individuals on federal and state charges for firearms and narcotics violations. In addition to these arrest warrants, agents and officers served a number of search warrants. Search warrants resulted in the seizure of several firearms, eleven pounds of marijuana, $10,000 in cash and a vehicle.
Operation Brass Catcher began as a seven-month long investigation centered on individuals involved in the trafficking and possession of firearms and narcotics. The vast majority of these individuals had gang affiliations and extensive criminal backgrounds. “This investigation involved federal agents and local law enforcement officers removing some very dangerous individuals from our streets,” said U.S. Attorney Kelly, “We are very pleased with the significant sentences that were handed down by both the federal and state courts. It is impressive to see the resolution, coordination and cooperation among these investigative agencies, and the Douglas County Attorney’s Office, in this very successful investigation and subsequent prosecutions.”
George Lauder, ATF Special Agent in Charge, added, “This investigation has served as a wake-up call to those who would choose to bring gun violence into our neighborhoods. In partnership with the Omaha Police Department, ATF will continue to identify and bring to justice, those who use firearms in furtherance of their criminal activities.”
Below are the names of the individuals convicted and their sentences.
FEDERAL Defendants
- WILLIAMS, Kendall, Age 22, 3055 Redick Avenue, Omaha
18 USC 922(d)(1) transfer of firearm to prohibited person
12 months in Federal Bureau of Prisons
- HOLBERT, Khyre, Age 22, Address 3331 N. 53rd Street, Omaha
18 USC 841(a)(1)(b)(1) distribution crack cocaine; 18 USC 924(c) use or carry of firearm during drug transaction
240 months in Federal Bureau of Prisons
- BECK, Jr., Breck, , Age 21, Address 6061 Camden Street, Omaha
18 USC 922(g)(1) felon in possession of a firearm
21 months in Federal Bureau of Prisons
- HOLMES, Jr., Curtis A., Age 27
18 USC 841(a)(1)(b)(1) distribution of a controlled substance crack cocaine
151 months in Federal Bureau of Prisons
- JACKSON, Sidney, Age 25, Address 2215 Ellison Street, Omaha
18 USC 922(g)(1) felon in possession of a firearm; 18 USC 841(a)(1)(b)(1) distribution crack cocaine;
18 USC 922(k) knowingly possess or manufactures a firearm that lacks a serial number or
contains an altered or obliterated serial number;
18 USC 924(c) use or carry of firearm during drug transaction.
60 months in Federal Bureau of Prisons6. GREEN, Trevon, Age 25, Address 2215 Ellison Street, Omaha
18 USC 841(a)(1)(b)(1) distribution marijuana; 18 USC 924(c) use or carry of firearm during drug transaction
27 months in Federal Bureau of Prisons7. ROBINSON, Terrance, Age 20, Address 5316 S. 86th Parkway #6, Omaha
18 USC 841(a)(1)(b)(1) distribution marijuana; 18 USC 924(c) use or carry of firearm during drug transaction
72 months in Federal Bureau of Prisons8. NOBLE, Jr., Lynell, Age 25, Address 5904 Henninger, Omaha
18 USC 922(d)(1) transfer of firearm to prohibited person
18 months in Federal Bureau of Prisons9. HARRIS, Andrell, Age 24, Address 3332 Blondo Street, Omaha
18 USC 922(g)(1) Felon in Possession of a Firearm
46 months in Federal Bureau of Prisons10. CUNEGIN, Kortney, Age 31, Address 6033 N. 167th Court, Omaha
18 USC 922(g)(1) Felon in Possession of a Firearm
63 months Federal Bureau of Prisons
11. McCARTY, Cary, Age 27, address 7505 N. 11th Street, Omaha
18 USC 922(g)(1) felon in possession of a firearm
33 months in Federal Bureau of Prisons
12. WILLIAMS, Loren, Age 26, Address 5337 N. 33rd Avenue, Omaha
18 USC 922(d)(1) transfer of firearm to prohibited person
24 months’ Supervised Release (probation) – U.S. Probation Federal Bureau of Prisons13. HART, James, Age 28, Address 5415 48th Avenue, Omaha
18 USC 841(a)(1)(b)(1) distribution crack cocaine;
18 USC 924(c) use or carry of firearm during drug transaction
36 months in Federal Bureau of Prisons14. BURRUS, James, Age 26, Address 1303 S. 10th Street, Omaha
18 USC 841(a)(1)(b)(1) distribution of methamphetamine
60 months in Federal Bureau of Prisons15. PERKINS, Drelin, Age 20, Address 6329 N. 24th Street, Omaha
18 USC 922(d)(1) transfer of firearm to prohibited person
24 months in Federal Bureau of Prisons
16. MAYFIELD, Mylon, Age 20
18 USC 922(d)(1) transfer of firearm to prohibited person; 18 USC 1512(a)(2)(a) witness tampering
18 months in Federal Bureau of Prisons17. DAMPEER, Kiwan, Age 21
18 USC 841(a)(1)(b)(1) Distribution of a controlled substance marijuana;
18 USC 924 (c) possession of a firearm during a drug transaction
60 months in Federal Bureau of Prisons18. COKES, Robert, Age 31, Address 1519 N. 31st Street, Omaha
18 USC 1512(a)(2)(a) witness tampering
15 months in Federal Bureau of Prison19. BRYE, Larry, Age 26
18 USC 922(g)(3) drug user in possession of a firearm
24 months in Federal Bureau of Prisons
STATE Defendants
- HICKS, Christopher, Age 23, Address 4619 N. 80th Avenue, Omaha
Convicted on 2 counts of delivery or distribution of a controlled substance and
possession of a firearm by a prohibited person (felon)
Sentenced to 20-24 years on each count - consecutive for a total of 40-48 years in
Nebraska Department of Corrections
- PERRY, Detrelle, Age 22, Address 5316 S. 86th Parkway #6, Omaha
Felony flight to avoid arrest and Possession of a firearm by a prohibited person
3 years to 40 months in Nebraska Department of Corrections
- GREEN, Devante, Age 24, Address 4483 Ellison Avenue, Omaha
Possession of a stolen firearm
24 months’ probation
- COOK, Nathaniel, Age 23, Address 3325 N. 41st Street, Omaha
Possession of a firearm by a prohibited person
20 years in Nebraska Department of Corrections
- BENNETT, Norman, Age 32, Address 11514 Camden Avenue, Omaha
Possession of a firearm by a prohibited person
13 years in Nebraska Department of Corrections
- WILLIAMS, Kendall, Age 22, 3055 Redick Avenue, Omaha