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21 February 2019
IRS Employee Charged with Unlawful Disclosure of Suspicious Activity ReportsRead the Press Release
SAN FRANCISCO - A federal criminal complaint, filed on February 4, 2019, was unsealed in San Francisco today, charging John C. Fry with unlawful disclosure of Suspicious Activity Reports, announced United States Attorney David L. Anderson and United States Department of the Treasury, Treasury Inspector General for Tax Administration (TIGTA), Special Agent in Charge Rod Ammari.
According to the affidavit filed in support of the complaint, Fry, 54, of San Francisco, unlawfully accessed and disclosed Suspicious Activity Reports (SARs) and SAR information pertaining to an individual taxpayer and a company owned by the taxpayer. Fry was an Investigative Analyst for the IRS’s law enforcement arm, the Criminal Investigation Division, in San Francisco. In this position, Fry had access to various law enforcement databases including the Financial Crimes Enforcement Network (FinCEN), Palantir, and the Integrated Data Retrieval System.
The TIGTA investigation revealed that in May 2018, Fry logged on to FinCEN and Palantir from his work computer and conducted numerous searches related to the taxpayer who was a New York attorney. Fry then disclosed the SAR information to an attorney based in Newport Beach, Calif. On May 8, 2018, the attorney used a public Twitter account to circulate a dossier releasing confidential banking information related to the taxpayer and the taxpayer’s company. The SAR information that was passed to the Los Angeles attorney was published in the Washington Post on May 8, 2018. The Los Angeles attorney put Fry in contact with an investigative reporter in New York which led to confirmation of the confidential banking information and an interview, which was published in The New Yorker on May 16, 2018.
The criminal complaint charges Fry with violating 31 U.S.C. § 5322(a), which prohibits unauthorized disclosure of information from SARs. Fry appeared before the U.S. Magistrate Judge Laurel Beeler in federal court in San Francisco on February 21, 2019. He was released on a $50,000 bond. Fry’s next scheduled appearance is scheduled for March 13, 2019, at 9:30 am, before U.S. Magistrate Judge Joseph C. Spero for preliminary hearing or arraignment on indictment.
A complaint merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a maximum sentence of five years and a fine of $250,000 for a violation of 31 U.S.C. § 5322. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The U.S. Attorney’s Office, Special Prosecutions/National Security Unit, is prosecuting the case. The prosecution is the result of an investigation by the TIGTA.
Houma Man Sentenced to 105 Months for Possession of Child PornographyRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Peter G. Strasser announced today that NICHOLAS GARCIA (“GARCIA”), age 33, of Houma, Louisiana, was sentenced today for possession of child pornography, in violation of Title 18, United States Code, Section 2252(a)(4)(B).
According to documents filed in federal court, special agents with the Louisiana Bureau of Investigation (“LBI”) obtained a search warrant for GARCIA’s residence in Houma, Louisiana. On February 21, 2018, agents with LBI, the Terrebonne Parish Sheriff’s Office, and the U.S. Department of Homeland Security, Homeland Security Investigations (“HSI”) executed the search warrant and arrested GARCIA after finding GARCIA in possession of a Samsung Galaxy tablet containing images and videos of child pornography. A subsequent computer forensic examination by HSI revealed over 350 images and 3 videos depicting the sexual victimization of pre-pubescent children on GARCIA’s Samsung device.
GARCIA was sentenced to 105 months by United States District Judge Barry W. Ashe. GARCIA was also sentenced to a period of five years of supervised release after his term of imprisonment. Judge Ashe also ordered GARCIA to pay restitution in the amount of $3,000.00, a $100.00 special assessment fee and ordered him to register as a sex offender pursuant to the Sex Offender Registration Notification Act.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
U.S. Attorney Strasser praised the work of the U. S. Department of Homeland Security, Homeland Security Investigations, the Louisiana Bureau of Investigation, and The Terrebonne Parish Sheriff’s Office in investigating this matter. The prosecution of this case is being handled by Project Safe Childhood Coordinator and Financial Crimes Unit Supervisor, Assistant U.S. Attorney Brian M. Klebba.
Honduran Man in U.S. Illegally Pleads Guilty Following DUI ArrestRead the Press Release
RICHMOND, Va. – A Honduran citizen pleaded guilty today to illegally reentering the United States after being removed by immigration authorities.
“Rios-Garcia illegally entered the United States, was deported at taxpayer expense, returned illegally a second time and then endangered the safety of this community by driving under the influence,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “We continue to make these cases a priority and will work closely with our local and state partners to ensure we are doing everything we can to ensure the safety of the communities we serve.”
According to court documents, Carlos Alexander Rios-Garcia, 22, illegally entered the United States and was deported in July 2017 after he was arrested in Baltimore on local criminal charges. Rios-Garcia illegally reentered the United States a second time and came into contact with law enforcement after he was arrested for DUI by Chesterfield County Police in November 2018.
“Plain and simple, ICE will continue to prioritize public safety threats for immigration enforcement,” said Jeffrey M. Jacoff, Acting Field Office Director for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C. “Individuals previously removed by ICE will face criminal re-entry charges if encountered again in the U.S.”
Rios-Garcia pleaded guilty to illegal reentry and faces a maximum penalty of two years in prison when sentenced on May 21. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Jeffrey M. Jacoff, Acting Field Office Director for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C., made the announcement after U.S. District Judge John A. Gibney Jr. accepted the plea. Assistant U.S. Attorney S. David Schiller is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:19-cr-25.
Holland Attorney Charged with Defrauding Clients and Filing A False Federal Income Tax ReturnRead the Press Release
Attorney Jeffrey Palmer Admits Embezzling More Than $339,000 From Clients and Underreporting Income to the Internal Revenue Service
GRAND RAPIDS, MICHIGAN — United States Attorney Andrew Birge announced today that Jeffrey James Palmer, a resident of Holland, Michigan, has been charged with making a false statement on a federal income tax return and wire fraud. Palmer has agreed to waive indictment by the grand jury and plead guilty to those charges. Palmer also agreed to pay the Internal Revenue Service additional tax due and owing for tax years 2012 through 2016 (approximately $55,511, before interest and penalties) and restitution to his victims (approximately $339,520).
In a written plea agreement filed today with the Court, Palmer admitted that he embezzled and converted to his own use approximately $339,520 of client trust funds while licensed and practicing as an attorney. Between 2012 and 2016, Palmer withdrew approximately $274,856 from one client trust account and about $64,664 in funds from a second client trust account. He did not disclose to his clients that he was withdrawing their funds for his own personal use and benefit.
In addition to the scheme to defraud his clients, Palmer admitted that he failed to report as income the funds he embezzled on his federal income tax returns. Specifically, and by way of example, Palmer failed to report $82,000 of income on his federal Form 1040, which he signed and filed with the IRS under penalty of perjury in January 2017.
Palmer faces a maximum of 20 years in federal prison for his embezzlement from his clients and up to three years in prison for the federal tax violation. He also faces the possibility of a suspension or revocation of his license to practice law in Michigan.
This matter was investigated by the Internal Revenue Service Criminal Investigation division and is being prosecuted by Assistant U.S. Attorney Christopher M. O’Connor.
A date and time for Palmer’s arraignment and plea has not been scheduled. The charge in a felony information is merely an accusation, and the defendant is presumed innocent until proven guilty in court.
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Hatian National Pleads Guilty to being an Alien in Possession of a FirearmRead the Press Release
St. Thomas, USVI – Venel Touze, 26, of St. Thomas, pleaded guilty in District Court before Judge Curtis Gomez, to one count of being an alien in possession of a firearm, United States Attorney Gretchen C.F. Shappert announced.
According to court documents, On October 31, 2018, Touze was traveling in a vehicle in down town Charlotte Amalie when officers of the Virgin Islands Police Department stopped the vehicle for a traffic infraction. Touze appeared nervous, and officers asked him to exit the vehicle. Touze then admitted to having a firearm on his person. Officers patted down Touze and discovered a .9mm Ruger firearm, Model P94DC. Touze, a Haitian National, was in the United States by virtue of an expired Employment Authorization Card from 2016.
Touze faces a maximum sentence of 10 years’ incarceration, a period of supervised release of not more than three years, and a maximum fine of $250,000. His sentencing is scheduled for June 27, 2019.
This case was investigated by the Virgin Islands Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Everard E. Potter.
Hartford Man Charged with Narcotics and Firearms OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that a federal grand jury in Hartford returned an indictment yesterday charging ORLANDO SOTO, 27, of Hartford, with narcotics and firearms offenses.
As alleged in the indictment, on July 9, 2018, Soto possessed fentanyl and crack cocaine, which he intended to distribute, along with three handguns. Prior to July 2018, Soto had been convicted in state court of felony narcotics, larceny and firearm offenses.
Soto has been detained in state custody since his arrest by Hartford Police on July 9, 2018.
The indictment charges Soto with one count of possession with intent to distribute fentanyl and crack cocaine, which carries a maximum term of imprisonment of 20 years, and one count of possession of firearms by a convicted felon, which carries a maximum term of imprisonment of 10 years.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the FBI’s Northern Connecticut Violent Crimes Gang Task Force and the Hartford Police Department. The case is being prosecuted by First Assistant U.S. Attorney Leonard C. Boyle and Assistant U.S. Attorney Lauren C. Clark.
This prosecution 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 neighborhoods safer for everyone.
Hampton Couple Charged with Defrauding MedicaidRead the Press Release
NORFOLK, Va. – A federal grand jury returned an indictment today charging a Hampton man and woman with conspiracy, health care fraud, false statements, and aggravated identity theft.
According to allegations in the indictment, Maurice Moody, 40, and Dena Major, 48, conspired to defraud the Virginia Medicaid program out of approximately $109,000 by submitting fraudulent claims to Medicaid for their severely disabled son’s care, which he was eligible. Major was the child’s primary care giver and under Medicaid rules, she was also in charge of hiring a personal care aide to help in his care. Despite knowing that Medicaid does not permit the hiring of a parent to be a personal care aide, Major hired Moody to be their child’s personal care aide and falsely stated that Moody was the child’s uncle.
The indictment alleges that Moody also submitted claims for personal care hours provided to his son when Moody was incarcerated, and when he was out of the area travelling. In September 2015, the child was removed from Major’s custody on allegations of abuse and neglect. Nonetheless, Moody and Major continued to bill Medicaid for his care from September 2015 to April 2016. When challenged, the pair attempted to use another minor and pass him off as their child with the Medicaid service facilitator.
Moody and Major are each charged with conspiracy, health care fraud, false statements in a health care matter, and aggravated identity theft. If convicted, they each face a minimum of 2 years and a maximum of 44 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement. Assistant U.S. Attorney Joseph L. Kosky is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Hammond Man Pleads Guilty to Theft of More than $240,000.00 in Social Security FundsRead the Press Release
NEW ORLEANS – United States Attorney Peter G. Strasser announced that DANNY L. LETARD (“LETARD”), age 57, of Hammond, Louisiana, entered a plea of guilty to Theft of Government Funds, in violation of Title 18, United States Code, Section 641.
According to documents filed in federal court, beginning in 1989, LETARD filed for and later became eligible for Social Security Administration (“SSA”) disability benefits of approximately $2,177.30 per month. During this period, LETARD formed a number of businesses including, but not limited to, Excavation/Dozer Company, Virginia Shop Site Cleaning Services, Virginia’s Job Site Cleaning, Virginia Cleaning Services, and R & D Dozer Excavation & Pipe Fabr. LETARD’s businesses were registered in the names of LETARD’s family members rather than in his name to conceal his employment. LETARD’s businesses performed demolition work and the cleaning of job sites according to occupational license applications filed with Tangipahoa Parish. LETARD also operated heavy construction equipment as part of his businesses. On October 24, 2017, LETARD was interviewed by agents with the SSA Office of Inspector General and the Louisiana State Police. In his post-Miranda interview, LETARD told the agents he concealed his SSA benefits through third party companies “so y’all wouldn’t find out about it.” Accordingly, LETARD fraudulently received approximately $242,000.00 in Social Security Administration disability benefits he was not entitled to due to his employment.
LETARD faces a maximum penalty of ten (10) years imprisonment, followed by up to three (3) years of supervised release, a fine of up to $250,000.00, and a mandatory $100 special assessment. Sentencing is set for May 22, 2019 at 2:00 pm.
U.S. Attorney Strasser praised the work of the Social Security Administration, Office of Inspector General and the Louisiana State Police. The prosecution of this case is being handled by Assistant U. S. Attorney Brian M. Klebba, Supervisor of the Financial Crimes Unit.
Georgia Man Indicted in Insurance Fraud SchemeRead the Press Release
TYLER, Texas – A 34-year-old Atlanta, GA, man has been indicted for his role in an insurance fraud scheme in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Daniel Driver was named in an indictment returned by a federal grand jury on Feb. 20, 2019, charging him with conspiracy to commit wire fraud.
According to the indictment, Theodore Robert Wright III, 33, formerly of Kemah, Texas, led a multi-jurisdictional fraud and arson scheme that spanned from Hawaii to Texas and involved the destruction of various assets, including aircraft and vessels. Wright and his co-conspirators, Raymond Fosdick, 42, of Houston, Edward Delima, 42, of Honolulu, and Driver acquired assets and obtained insurance coverage for the acquired assets in amounts exceeding their purchase prices. Wright and his co-conspirators then devised and carried out schemes to destroy the assets and fraudulently obtain payouts from insurance companies.
The various assets involved the scheme included a 1971 Cessna 500, a 1998 Hunter Passage, and a 1987 West Coast 87. The Cessna 500 was completely destroyed when Fosdick set it on fire at Wright’s direction at an airport in Athens, Texas. The Hunter Passage sank in a marina in Hawaii. The West Coast 87 was intentionally sunk in the Pacific Ocean, approximately 30 miles off the coast of Washington. Driver and another individual were rescued from the sinking vessel by the U.S. Coast Guard. The vessel was not recovered. Fraudulent insurance claims were filed in relation to each of these incidents.
On May 17, 2017, Wright, Fosdick, and Delima were charged with various offenses related to the scheme. On Sep. 26, 2017, Delima pleaded guilty to conspiring to commit wire fraud and was later sentenced to a five-year term of probation. On Oct. 12, 2017, Fosdick pleaded guilty to conspiring to commit wire fraud and conspiring to commit arson and was later sentenced to 39 months in federal prison. On Oct. 25, 2017, Wright pleaded guilty to conspiring to commit wire fraud and conspiring to commit arson and was later sentenced to 65 months in federal prison.
If convicted, Driver faces up to 20 years in federal prison. A grand jury indictment is not evidence of guilt. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and is being prosecuted by Assistant U.S. Attorneys Nathaniel C. Kummerfeld and L. Frank Coan, Jr.
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Four Indicted on Conspiracy to Commit Marriage Fraud, Marriage Fraud, Harboring an Alien to Come to the United States, Visa Fraud and False Statements Under Oath ChargesRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging EDWARD KUMI ANGUAH, age 39, a United States citizen serving in the United States Army, KWAPHOOM EUGENE HOOMKWAP, age 30, of Nigeria, SULEMANA IBRAHIM, age 39, of Ghana, and KAHMID MOHAMMED MURTADA, age 34, a United States citizen serving in the United Sates Army, with conspiracy to commit marriage fraud, marriage fraud, harboring an alien to come to the United States, visa fraud and false statement under oath.
If convicted of conspiracy to commit marriage fraud, harboring an alien to come to the United States, and visa fraud, ANGUAH, found in Cumberland County, would face maximum penalties of twenty five years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of conspiracy to commit marriage fraud and harboring certain aliens to come to the United States, HOOMKWAP, found in Cumberland County, and MURTADA, found in Cumberland County, would face maximum penalties of fifteen years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of conspiracy to commit marriage fraud, marriage fraud, harboring certain alien to come to the United States, visa fraud, and false statements under oath, IBRAHIM, found in Cumberland County, would face maximum penalties of thirty five years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The case was investigated by the Document and Benefit Fraud Task Force (DBFTF) in the Eastern District of North Carolina lead by Homeland Security Investigations.
Fort Myers Body Armor Manufacturer Agrees to Pay $900,000 to Settle Civil Claims Concerning Its Eligibility to Participate in Federal Small Business Contracting ProgramRead the Press Release
Fort Myers, FL – United States Attorney Maria Chapa Lopez announces that Survival Armor, Inc. has agreed to pay $900,000 to the United States to resolve allegations that it wrongfully obtained a five-year small business set-aside contract with the U.S. Department of Homeland Security by misrepresenting its company size.
To help provide a level playing field for small businesses, the government limits competition for certain contracts to small businesses. These contracts, called “Small Business Set-asides” (“SBSA”), help small businesses compete for and win federal contracts. To qualify for a SBSA contract to provide body armor, a company must (among other things) have no more than 500 employees, including employees of all its domestic and foreign affiliates.
Survival Armor is a manufacturer of ballistic products. Their principal manufacturing facility is located in Fort Myers. Following an investigation by the U.S. Department of Homeland Security – Office of Inspector General, and the U.S. Small Business Administration – Office of Inspector General, the United States alleged that Survival Armor misrepresented its status as a “small business concern” in order to obtain contracts to provide tactical body armor to the federal government.
Specifically, in November 2011, Survival Armor certified that it was a “small business concern” with less than 500 employees in order to be eligible to be awarded this SBSA contract. However, Survival Armor was at the time, and continues to be, merely a subsidiary of a foreign, large corporate parent company with well over 500 employees. As a result of the misrepresentation of its status, Survival Armor was able to obtain orders to provide tactical body armor to various federal law enforcement agencies for which it was ineligible.
“The SBA’s special contracting programs are intended to promote economic growth and encourage the development of small businesses across the nation,” said U.S. Attorney Chapa Lopez. “Our resolve to protect these government programs and their intentions on behalf of the public are unwavering.”
“The Federal government has made continued efforts to provide contracting dollars to certified small businesses,” said Special Agent in Charge Jay H. Donly of the DHS OIG Miami Field Office. “When our investigation determined that the company did not qualify as a small business under the procurement guidelines, we appreciated the cooperation they gave to DHS OIG to bring this matter to today’s resolution.”
“Individuals that make intentional misrepresentations to gain access to federal contracts set aside for small businesses will be brought to justice,” said SBA-OIG Special Agent in Charge Kevin Kupperbusch. “This settlement sends a strong message that wrongdoing will find its way into the open, and those responsible will be held accountable. I want to thank the U.S. Attorney’s office and our law enforcement partners for their support and dedication to pursuing justice in this case.”
The investigation was handled by Assistant U.S. Attorney Kyle S. Cohen, with assistance from DHS-OIG and SBA-OIG.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Former “Hot Boys” Robbery Crew Member Sentenced to 279 Months in Prison in Connection with the Murder of Kelly Diaz and Other CrimesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that ALVARADO DOMINGUEZ, a/k/a “Jochi,” 32, was sentenced today to 279 months in prison for his participation in the “Hot Boys” robbery crew, including an October 27, 2006, robbery that resulted in the murder of Kelly Diaz. DOMINGUEZ pled guilty on August 13, 2018, before Magistrate Judge Stewart D. Aaron to participating in a racketeering conspiracy and conspiring to distribute marijuana. His plea was accepted today by U.S. District Judge Valerie E. Caproni, who also imposed sentence.
U.S. Attorney Geoffrey Berman said: “Alvarado Dominguez and the members of his crew conducted terrifying, armed home invasions in upper Manhattan and the Bronx. During one of those robberies, Kelly Diaz was murdered. Today’s sentence protects the public from Dominguez for a long time to come.”
According to the Indictment, other filings in Manhattan federal court, and evidence presented in court in connection with the sentencing:
From at least 2006 through 2017, ALVARADO DOMINGUEZ, a/k/a “Jochi,” and other members and associates of a racketeering enterprise known as the “Hot Boys,” committed murder, assault, robbery and burglary, used firearms, and distributed controlled substances, including cocaine, heroin, marijuana, and prescription opiates.
On October 27, 2006, DOMINGUEZ and other members of the Hot Boys robbed Diaz and his wife in their home in Washington Heights. In the course of that robbery, Diaz was shot and killed.
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Mr. Berman praised the outstanding work of the FBI and the NYPD’s Grand Larceny Division in this investigation.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Hagan Scotten and David W. Denton Jr. are in charge of the prosecution.
Former Miramar Police Department Employee Pleads Guilty to Fraud SchemeRead the Press Release
A former Miramar Police Department employee pled guilty today to participating in a fraud scheme.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
Brian M. Chen, 39, of Weston, Florida, a former Information Technology Analyst with the police department for the city of Miramar, Florida, pled guilty today before U.S. District Judge William P. Dimitrouleas to an Information charging him with three counts of mail fraud, in violation of Title 18, United States Code, Section 1341 (19-CR-60007). Judge Dimitrouleas is scheduled to sentence the defendant on May 2, 2019, at 1:15 p.m. in Fort Lauderdale, Florida. Chen faces a statutory maximum term of 60 years’ imprisonment and a fine of the greater of $750,000 or twice the amount of the gross gain or the gross loss.
According to the court record, including stipulated statements of fact, the State of Florida had a contract with Verizon Wireless for a cellular telephone service plan, which included the acquisition by state and local agencies of cellular telephones and devices. The contract allowed state and local agencies in Florida to obtain iPhones and Android cellular telephones for free or at a discounted rate, provided that the cellular telephones were obtained for official use and that Verizon Wireless was utilized as the service provider. In his position as Information Technology Analyst, Chen was the administrator of the plan and was in charge of overseeing the purchase and use of cellular telephones and service.
Beginning in or about 2013, Chen, through his position as Information Technology Analyst with the Miramar P.D., ordered cellular telephones online through the Verizon “My Business” portal for free or at a substantial discount with the intent to unlawfully resell those cellular telephones. Upon ordering the cellular telephones, Chen caused Verizon to initiate a monthly service plan for each line of service. Chen attempted to suspend the monthly service plan for each cellular telephone in order to conceal his illegal acquisition of them.
Chen offered the illegally obtained telephones for sale individually through an online auction and resale provider and also sold the illegally obtained telephones in bulk to persons in the business of reselling cellular telephones. Due to the volume of telephones illegally purchased and the associated lines of service plans, some service plans could not be continuously suspended. Miramar P.D. incurred a loss of approximately $350,000 by paying for service plans for telephones purchased by Chen pursuant to the fraudulent scheme. From in or about 2013, through on or about November 29, 2018, Chen illegally profited, from the scheme, by receiving approximately $800,000 through the sale of over a thousand illegally obtained cellular telephones.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI in connection with this matter. She thanked the Miramar Police Department for their assistance. The case is being prosecuted by Assistant U.S. Attorneys Jeffrey N. Kaplan and Paul F. Schwartz.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former Massachusetts Man Pleads Guilty to Conspiracy to Hide $486,000 from Federally Insured Financial InstitutionRead the Press Release
BOSTON – A former Massachusetts man pleaded guilty yesterday in federal court in Springfield to his role in a conspiracy to hide money from a federally insured financial institution.
Jeffrey Borer, 59, formerly of Hatfield, pleaded guilty to one count of conspiracy to make false statements to a federally insured financial institution and one count of false statements to a federally insured financial institution. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for July 17, 2019.
In August 2011, Borer and another person owed Wells Fargo Bank approximately $1.32 million in outstanding loans. In March 2012, Borer’s sister, who was acting as their bookkeeper, received approximately $1.1 million, which related to a judgment from a Honduran court, in her Massachusetts bank account. The share of these funds belonging to Borer and the other person was $486,000. A few days later, Borer sent an e-mail to his sister to “keep [the] bulk” of their funds in her account because “Wells Fargo might be conducting an asset search on us to try and recover on the judgments. Just transfer what is needed to pay bills as they arrive.” Borer’s sister distributed their funds from her account as he requested.
On or about May 24, 2012, Borer’s sister prepared a false personal financial statement for Borer, stating that he and the other person only had $4,200 of cash in the bank. Borer provided the statement to Wells Fargo, which relied upon it to negotiate their debt. On Oct. 31, 2012, Borer executed a settlement agreement with Wells Fargo, in which the bank agreed to forgive Borer’s personal obligations in exchange for a payment of only $50,000. Wells Fargo would not have settled for $50,000 had it known that Borer and the other individual had received $486,000 in cash from the Honduran judgment.
On Sept. 20, 2018, Borer’s sister pleaded guilty to these same charges. Her sentencing is scheduled for April 25, 2019.
The false statements charge provides for a maximum sentence of thirty years in prison, a maximum of five years of supervised release, and a fine of $250,000. Sentences are imposed based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement. Assistant U.S. Attorney Steven H. Breslow of Lelling’s Springfield Branch Office is prosecuting the case.
Former Mail Carrier Admits Accepting Bribes for Stealing Credit Cards from MailRead the Press Release
NEWARK, N.J. – A former U.S. Postal Service (USPS) mail carrier today admitted that she accepted cash bribes in return for removing envelopes containing credit cards from the mail and providing these stolen credit cards to the individual who gave her the cash bribes, U.S. Attorney Craig Carpenito announced.
Kyanne Costley, 24, of Newark, pleaded guilty before U.S. District Judge Katharine S. Hayden in Newark federal court to an information charging her with one count of accepting bribes.
According to documents filed in this case and statements made in court:
Costley was a mail carrier in Elizabeth, New Jersey. From September 2017 through February 2018, Costley accepted cash bribes from Moussa Dagno, whom she knew by his alias only, for stealing credit cards from the mail and giving the stolen credit cards to Dagno. Dagno was arrested in February 2018 and was charged by complaint with bribery and theft of mail.
While on duty, Costley stole credit cards from the mail that were sent by financial institutions to accountholders and then gave those stolen credit cards to Dagno. Costley met with Dagno on more than one occasion to give him the stolen credit cards and received approximately $100 in cash for each stolen credit card that Dagno found acceptable. Costley received a total of $1,750 in cash payments in exchange for the stolen credit cards.
The bribery charge is punishable by a maximum potential penalty of 15 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. Sentencing is scheduled for May 29, 2019.
U.S. Attorney Carpenito credited special agents with the USPS Office of Inspector General, under the direction of Special Agent in Charge Matthew Modafferi, Northeast Area Field Office, and inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge James Buthorn, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Jihee G. Suh of the U.S. Attorney’s Office Special Prosecutions Division in Newark.
Former Kotzebue Postmaster Indicted on Federal Drug Trafficking ChargesRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that Shaun Pete Snyder, 34, of Kotzebue, has been indicted in federal court for drug trafficking charges. The indictment charges Snyder with conspiracy to possess with intent to distribute a controlled substance, possession with intent to distribute a controlled substance, and illegal use of a communication facility.
According to the indictment, between August 2005 and February 2018, Snyder was employed by the U.S. Postal Service (USPS) at the United States Post Office in Kotzebue, and in November 2014, he had assumed the role of Postmaster. The indictment alleges that, beginning in October 2016 and continuing to February 2018, Snyder knowingly conspired with others to distribute, and possess with intent to distribute a quantity of marijuana, by agreeing to facilitate the delivery of parcels containing marijuana through the Kotzebue Post Office.
As part of the conspiracy, Snyder was to be provided tracking numbers via text messages, of parcels that contained marijuana. Snyder would then track the packages until their arrival at the Kotzebue Post Office, retrieve them, scan them as delivered, and allow the recipients to pick up the packages from the rear freight door – both during and outside normal business hours. It is further alleged that Snyder began accepting cash payments from individuals to process parcels through the Kotzebue Post Office that he knew contained marijuana, and began providing information to individuals on how to mail packages to avoid detection from United States Postal Inspectors.
If convicted, Snyder faces a maximum of up to five years in prison and a $250,000 fine for the most serious charges alleged in the indictment. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
The U.S. Postal Service, Office of Inspector General (USPS-OIG), the U.S. Postal Inspection Service (USPIS), the Alaska State Troopers (AST), and the AST Technical Crimes Unit conducted the investigation leading to the charges in this case. This case is being prosecuted by Assistant U.S. Attorney Charisse Arce.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Former English Language Teacher in China Sentenced to Eight Years in Prison for Distribution of Child PornographyRead the Press Release
A previously convicted child pornography offender was sentenced today to 96 months in prison followed by seven years of supervised release for distributing child pornography.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Matthew D. Krueger for the Eastern District of Wisconsin and Special Agent in Charge R. Justin Tolomeo of the FBI’s Milwaukee Field Office, made the announcement.
Christopher Eklund, 47, formerly an English language teacher in China, pleaded guilty before U.S. District Judge Lynn Adelman of the Eastern District of Wisconsin on Nov. 2, 2018 to one count of distribution of child pornography.
According to admissions made in connection with his guilty plea, between approximately Dec. 2014 and July 2015, Eklund advertised and shared thousands of images of child pornography, which was discovered during an undercover investigation into the distribution of child pornography over an internet file-sharing network. Eklund also used the network to write detailed, sexualized blog posts discussing his affinity for child pornography. FBI agents in Milwaukee reviewed these postings and downloaded several child pornography files that Eklund was sharing over the network.
During the investigation, the FBI learned that Eklund was a U.S. citizen who was living in Wuhan, China, teaching English classes to children. The FBI then provided investigative information to Chinese authorities. In Oct. 2016, after conducting their own investigation, Chinese authorities charged and convicted Eklund for child pornography offenses. In May of 2018, after Eklund was released from prison in China, he was deported to the United States for prosecution.
The case was investigated by the FBI Milwaukee Crimes Against Children Task Force, including participants from the Milwaukee Police Department, West Allis Police Department, Sheboygan County Sheriff’s Department, and Milwaukee County Sherriff Department, with the cooperation of the Chinese Ministry of Public Security and Public Security Bureau.
The case is being prosecuted by Trial Attorney Ralph Paradiso of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Benjamin W. Proctor of the Eastern District of Wisconsin.
This investigation was a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Five Assistant United States Attorneys Honored for Their Work in Significant Criminal and Civil Cases in the Eastern District of PennsylvaniaRead the Press Release
PHILADELPHIA, PA – United States Attorney William M. McSwain announced today that five members of this Office will be honored for their exemplary service in cases that have had a profound impact on the Eastern District of Pennsylvania. Assistant United States Attorneys Margaret Hutchinson, Nelson S.T. Thayer, and Linwood C. Wright each were selected for a Director’s Award from the Executive Office of the United States Attorneys (“EOUSA”). Assistant United States Attorneys Veronica Finkelstein and Charlene Keller Fullmer were selected for the Cooperative Achievement Award from the U.S. Department of Health and Human Services Inspector General.
“This talented group of public servants – comprised of AUSAs from our Civil and Criminal Divisions – exemplifies the depth and breadth of talent we have in this Office. The contributions they have made reflect the hard work, dedication, and sacrifice it takes to serve so honorably in the law enforcement profession. I am incredibly proud to serve with them every day,” said U.S. Attorney McSwain.
EOUSA Director’s Awards
EOUSA Director’s Awards recognize employees of the United States Attorneys’ offices (USAOs) and EOUSA, as well as other individuals, who have supported the mission of these offices and who have distinguished themselves through extraordinary professional achievements and excellence. The awards ceremony will take place in Washington, DC, later this year. EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.
AUSAs Nelson Thayer and Linwood C. (“LC”) Wright. Thayer and Wright have been named as recipients of the EOUSA Director’s Award for Superior Performance by a Litigative Team, for their successful prosecution in United States v. Mohammed Jabbateh. They are receiving this award alongside colleagues from the Department of Homeland Security and the U.S. Embassy in Liberia.
While a commander of one of the warring factions during Liberia’s first civil war, Jabbateh committed acts of the deepest depravity, including sexual assault and enslavement, murder, mutilation, and ritual cannibalism. As a result of the dedication and tireless efforts of Thayer, Wright, and their team, Jabbateh was convicted in October 2017 following a two-week jury trial on charges of immigration fraud and perjury, based on his multiple lies to U.S. immigration officials in which he concealed his horrendous wartime conduct. In April 2018, Jabbateh was sentenced to the maximum possible sentence of 30 years’ imprisonment, the most severe sentence ever imposed in such a case. https://www.justice.gov/usao-edpa/pr/former-liberian-war-lord-known-jungle-jabbah-sentenced-30-years-prison-immigration.
Former AUSA and Civil Division Chief Margaret “Peg” Hutchinson. Hutchinson will be awarded the EOUSA Director’s first-ever Lifetime Exceptional Service Award. She is being recognized for her exceptional contributions to the USAO community over her nearly thirty years as a civil AUSA, including as the Civil Division Chief and as the leader of the national Civil Chiefs Working Group. Hutchinson led impactful affirmative civil enforcement litigation against hospitals, pharmaceutical and device companies, elder care providers, polluters, and others in areas that were or would become DOJ priorities. She also made significant, enduring contributions to DOJ’s efforts to implement programs, develop and deliver training, and shape policies and procedures to support affirmative civil enforcement and to ensure that USAOs have the necessary resources to carry out their missions.
U.S. Department of Health and Human Services Inspector General’s Cooperative Achievement Award
The HHS Inspector General’s Cooperative Achievement Award is given each year to reward exemplary collaboration on case work involving healthcare fraud matters. The selected recipients have demonstrated extraordinary work on a national level in detecting and combating health care fraud, waste, and abuse. The awards ceremony will take place later this year.
AUSAs Veronica Finkelstein and Charlene Keller Fullmer. Finkelstein and Fullmer (as well as team members from the HHS Office of Inspector General, the Federal Bureau of Investigation, Department of Justice in Washington, DC, and other U.S. Attorney’s offices) are receiving this award for their work in the Health Management Associates (“HMA”) case. The award recognizes their contribution to the $260 million multi-district resolution of several qui tam suits against HMA, its hospitals Lancaster Regional and Heart of Lancaster, and the physicians group Physicians Alliance Ltd. (“PAL”).
Finkelstein and Fullmer directly handled a $55 million component of that settlement resolving allegations that the defendants paid kickbacks to physicians at HMA facilities, including PAL members, who solicited and/or received kickbacks. The financial relationships between the HMA defendants, including subsidiaries and referring physicians, allegedly violated a host of laws, including the Anti-Kickback Statute. There were numerous kickback methods involved in the scheme: physicians participating in whole-hospital joint ventures of HMA facilities, physicians receiving excessive compensation, physicians receiving bogus co-management fees, and physicians receiving bogus medical directorship fees. https://www.justice.gov/usao-edpa/pr/national-hospital-chain-will-pay-over-260-million-resolve
The HMA multi-district resolution is one of the largest False Claims Act cases involving hospital systems in the Department’s history, in terms of the number of qui tam actions filed against a single healthcare provider across multiple districts. The HMA case also is remarkable in its scope of collaboration because it involved both criminal prosecutions and parallel civil enforcement proceedings.
Feds & LMPD Continue to Lean in on Gun ProsecutionsRead the Press Release
LOUISVILLE, Ky. – Following a record-breaking number of prosecutions of violent felony offenders in possession of firearms in 2018, the United States Attorney’s office has charged a new round of cases in 2019 as part of the ongoing Project Safe Neighborhoods (PSN) effort to tackle violent crime in Metro Louisville.
The first round of indictments in 2019 resulted in 26 defendants charged in 24 Indictments. The indictments returned were a result of the ongoing partnership between federal prosecutors and their counterparts from the Jefferson County Commonwealth’s Attorney’s Office who work hand-in-hand with the Louisville Metro Police Department, the Bureau of Alcohol, Tobacco, & Firearms (ATF), the Federal Bureau of Investigation (FBI), and the Drug Enforcement Agency (DEA). The combined effort is a key component of the Department of Justice’s PSN initiative - which targets the area’s most violent offenders.
The United States Attorney’s Office Western District of Kentucky charged 110 PSN defendants in 2018.
“Kentucky families deserve to be safe regardless of zip code,” said U.S. Attorney Russell Coleman. “These Project Safe Neighborhoods surges are a powerful tool in removing the trigger-pullers from our streets.”
Defendants charged have previously been found guilty of numerous crimes, including: burglary, robbery, facilitation to murder, narcotics trafficking, fleeing or evading police, escape, tampering with a witness, and assault.
The latest round of indictments charges Dominique Tribble, 26, of Louisville, with being a prohibited person in possession of a firearm; he was convicted in 2015 of trafficking heroin. Tribble was recently arrested on state charges for a double shooting that took place in front of a business in Shively.
Matthew R. Smith, of Willisburg, was also charged by a federal grand jury in a three count indictment with being an unlawful user of and addicted to a controlled substance in possession of eight firearms, two counts of possession of an unregistered firearm – a Colt AR-15 machinegun, and four AR-15 auto sears, which allows the guns to fire multiple rounds with one pull of the trigger. The Springfield, Kentucky Police Department arrested the Defendant in a business’ parking lot in November of 2018.
Also charged in the indictments is Mark Lundy, 39, of Bardstown, in a two count indictment with being a prohibited person (an unlawful user of and addicted to a controlled substance) in possession of 17 firearms and possession of marijuana in connection with a large hemp/marijuana growing operation.
If convicted at trial, the maximum sentence for unlawfully possessing a firearm is no more than ten years in prison, a $250,000 fine, and three years of supervised release. If that firearm is possessed or used in furtherance of a drug trafficking crime, a defendant faces a mandatory minimum five years in prison in addition to the sentence received for the underlying charges, and could receive up to life in prison. Some of the 26 defendants qualify as Armed Career Criminals, facing a mandatory 15 year minimum sentence, or repeat drug traffickers, facing a mandatory 10, 15, or 25 year minimum sentence.
These cases are being prosecuted by Assistant United States Attorneys Joe Ansari, Robert Bonar, Nute Bonner, Thomas Dyke, Larry Fentress, Alicia Gomez, Lettricea Jefferson-Webb, Corinne Keel, Jo Lawless, Erin McKenzie, Spencer McKiness, Randy Ream, Mac Shannon, Chris Tieke and Special Assistant U.S. Attorney Ebert Haegele with stalwart assistance from Laura Stinson, Western District of Kentucky Grand Jury Coordinator. The cases are being investigated by Louisville Metro Police Department; Bureau of Alcohol, Tobacco, Firearms and Explosives; Springfield Police Department; Kentucky State Police; Federal Bureau of Investigation; Shively Police Department; and the Bullitt County Sheriff’s Office.
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Kentucky. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Today’s indictments are part of the Project Safe Neighborhoods Initiative in the Western District of Kentucky.
The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty.
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Federal Authorities Arrest Three Men Charged with Conspiring with L.A. Sheriff’s Deputy to Steal Marijuana and Cash in Sham SearchRead the Press Release
LOS ANGELES – Three men were arrested this morning on federal drug distribution charges alleging they conspired with a Los Angeles County sheriff’s deputy and others to steal more than 1,200 pounds of marijuana and $645,000 in cash and money orders during an armed robbery of a downtown Los Angeles warehouse that was staged to look like law enforcement was executing a search warrant.
Matthew James Perez, a.k.a. “Neer,” 42, of Ontario; Daniel Aguilera, 31, of East Los Angeles; and Jay Colby Sanford, a.k.a. “Monte Jay,” 41, of Pomona, were arrested this morning without incident. They are scheduled to make their initial court appearances this afternoon in United States District Court.
According to a criminal complaint unsealed today, Perez, Aguilera, and Sanford conspired with LASD Deputy Marc Antrim, 41, of South El Monte, and others to commit the early morning armed robbery on October 29. The off-duty Antrim, Perez and a third man arrived at the warehouse at 3:00 a.m. in an unmarked Ford Explorer registered to LASD. All three men were dressed as LASD deputies, were carrying holstered firearms, and posed as legitimate law enforcement officers executing a search warrant of the warehouse, court documents state. Perez, a convicted felon, also allegedly brandished a rifle.
After Antrim detained the warehouse’s three security guards inside the LASD Ford Explorer, Aguilera drove a large rental truck into the warehouse parking lot, which later was used to transport the stolen marijuana, two cash-filled safes and other items from the warehouse, according to court documents. During the robbery, Sanford allegedly served as a nearby look-out, scouting for potential law enforcement and remaining in contact with his co-conspirators via phone and walkie-talkie radios.
While the two-hour robbery was in progress, Los Angeles Police Department officers legitimately responded to a call for service at the warehouse, the complaint states. When LAPD officers arrived, Perez and the other man posing as a deputy discarded their LASD jackets and fled through a back door, along with Aguilera, according to court documents. Antrim allegedly remained at the warehouse, showed the LAPD officers his LASD badge, and falsely claimed that he was conducting a legitimate search.
Antrim then allegedly handed his phone to one of the LAPD officers so that the officer could speak to someone on the phone claiming to be Antrim’s LASD sergeant. According to court documents, however, the individual on the phone was not Antrim’s sergeant, and Antrim did not have a legitimate search warrant for the warehouse. Antrim’s falsehoods ultimately prompted the LAPD officers to leave the warehouse, thereby allowing Antrim and his co-conspirators time to complete the heist, court documents state.
According to the complaint, text messages between Antrim and another conspirator suggest that, for their assistance the night of the robbery, Perez was going to be paid $30,000, Sanford $10,000, and Aguilera $5,000.
Perez, Aguilera, and Sanford are charged with conspiracy to distribute controlled substances. If convicted of this offense, each man would face a statutory maximum sentence of 40 years in federal prison and a mandatory minimum of five years in prison.
Antrim and two other men who participated in the robbery were arrested in November. They since have signed plea agreements admitting to drug trafficking and gun charges related to the sham search, and are expected to enter guilty pleas in the coming weeks.
A complaint contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is being investigated by the Federal Bureau of Investigation; the Drug Enforcement Administration; and the Bureau of Alcohol, Tobacco, Firearms and Explosives. LASD’s Internal Criminal Investigations Bureau provided substantial assistance to the federal investigation.
This matter is being prosecuted by Assistant United States Attorney Lindsey Greer Dotson of the Public Corruption and Civil Rights Section and Assistant United States Attorney Joseph D. Axelrad of the Violent and Organized Crime Section.
Fayetteville Man Sentenced to 20 Years for Drug Distribution and Firearm OffensesRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that United States District Judge James C. Dever III sentenced GEORGE HADDEN, 36, of Fayetteville, North Carolina to 240 months imprisonment, followed by five years of supervised release. HADDEN was sentenced as an Armed Career Criminal.
HADDEN was named in an Indictment filed on August 14, 2018, charging him with one count of possession with intent to distribute heroin, one count of possession of a firearm in furtherance of a drug trafficking crime, and one count of felon in possession of a firearm. On November 14, 2018, HADDEN pled guilty.
According to the investigation, on April 15, 2018, HADDEN was observed in suspected drug distribution activity. A traffic stop of HADDEN’s vehicle revealed nineteen grams of heroin, which was packaged for distribution, and a stolen handgun. HADDEN is a multiple-time convicted felon.
That effort has been implemented through the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
Investigation of this case was conducted by the Fayetteville Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant United States Attorney Lucy Partain represented the government.
Eagle Butte Man Charged with Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Joseph Marshall, age 39, was indicted on February 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 2019, 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.
The Indictment alleges that between December 28, 2018, and January 8, 2019, Marshall, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction, did knowingly fail to register and update his registration.
The charge is merely an accusation and Marshall is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Marshall was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Dog Abuser Indicted on Federal Gun ChargesRead the Press Release
St. Louis, MO – Paul “Paco” Garcia, 39, of Barnhart, was charged in a federal indictment with one felony count of being a felon in possession of a firearm.
According to the indictment, Garcia possessed one or more firearms on September 14, 2018, despite being previously convicted of a felony crime.
If convicted, Garcia faces a penalty up to 10 years imprisonment and a fine of $250,000 or both. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
As is always the case, charges set forth in the indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
This case is being investigated by the Jefferson County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant United States Attorney Lisa Yemm is handling the case for the U.S. Attorney’s Office.
District Man Indicted and Detained on Federal Charge in Armed Robbery of U.S. Postal WorkerRead the Press Release
WASHINGTON – Lafonzo Williams, 51, of Washington, D.C., has been indicted and remains detained pending trial on a federal charge stemming from an armed robbery last summer of a United States Postal Service (USPS) Letter Carrier in Southeast Washington.
The announcement was made by U.S. Attorney Jessie K. Liu, Inspector in Charge Peter R. Rendina of the U.S. Postal Inspection Service, Washington Division, and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Williams was arrested on Feb. 12, 2019 following his earlier indictment on a charge of robbery of mail, money, or other property of the United States. He pled not guilty at his first court appearance that day in the U.S. District Court for the District of Columbia. At a hearing today, Magistrate Judge G. Michael Harvey ordered that he remain detained pending trial.
According to the government’s evidence, on July 5, 2018, at approximately 2:35 p.m., Williams walked up to a Postal Service truck parked in the rear of the Frederick Douglass Post Office, located in the 2800 block of Alabama Avenue SE. He allegedly pulled himself into the back of the truck, where the postal worker was sorting mail. He then allegedly pulled a knife from the pocket of the shorts he was wearing and took several mail bags from the driver. He allegedly fled the scene in a minivan he had parked nearby.
If convicted, Williams faces a statutory maximum of 25 years in prison. The maximum statutory sentence for federal offenses is prescribed by Congress and is provided here for informational purposes. The sentencing will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
This case is being investigated by the U.S. Postal Inspection Service, the Metropolitan Police Department, and the U.S. Attorney’s Office for the District of Columbia. It is being prosecuted by Assistant U.S. Attorney Laura Crane.
Diamond Thief Sentenced to Three Years in PrisonRead the Press Release
Scott Bradley Meyrowitz, 61, of Lake Worth, was sentenced to three years in prison yesterday for wire fraud.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
On December 13, 2018, Meyrowitz pled guilty to the one-count Information charging him with wire fraud (Case No. 18-80216-CR-Middlebrooks). U.S. District Judge Donald M. Middlebrooks sentenced Meyrowitz to a total of 36 months in prison, to be followed by three years of supervised release. Meyrowitz was also ordered to pay $1,817,400 in restitution to two victims in the case.
According to court documents, including an agreed upon factual proffer, in January 2015, Meyrowitz took possession of a 4.05 carat flawless heart shaped blue diamond for the purpose of finding a buyer in Florida. Unbeknownst to the owner of the diamond in New York, Meyrowitz contacted a pawn shop in Arizona and negotiated a loan in the amount of $1 million by having Meyrowitz’s friend pose as the actual owner of the diamond. In order to finalize the loan, Meyrowitz procured a gem grading certificate detailing the diamond’s cut, color and clarity, all of which have an impact on the diamond’s value.
Through Meyrowitz’s friend the pawn shop wire transferred $1 million on March 3, 2015, in exchange for the pledging of the diamond as collateral. Of that amount, $955,000 of the proceeds were deposited into an account controlled by Meyrowitz. Later, the pawn shop agreed to buy the diamond for $1.3 million, and wire transferred an additional $250,000, with $225,000 going into Meyrowitz’s account.
As part of the wire fraud scheme, Meyrowitz repeatedly assured the owner of the diamond in New York that he would find a buyer for the diamond, and/or return the diamond to the owner. Instead, he took the proceeds from the sale of the diamond and used them for his own purposes, including trading in the stock market.
The restitution includes repaying $1,250,000 to the Arizona pawn shop, which ultimately returned the diamond to its rightful owner, and $567,400 in legal fees to the New York owner of the diamond which were incurred by the owner in litigation to get the diamond returned.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI in this matter. This case was prosecuted by Assistant U.S. Attorney Lauren Jorgensen.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Defendant Pleads Guilty in MS-13 Racketeering Case, Accepts Responsibility in 3 MurdersRead the Press Release
COLUMBUS, Ohio – Isaias Alvarado, also known as Cabo, 46, of Columbus, pleaded guilty in U.S. District Court to three counts of murder in aid of racketeering.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Todd Wickerham, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, Rebecca Adducci, Detroit Field Office Director, U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations, Franklin County Sheriff Dallas Baldwin and Interim Columbus Police Chief Thomas Quinlan announced the plea entered into today before Chief U.S. District Judge Edmund A. Sargus, Jr.
Alvarado is one of 23 individuals charged in a second superseding indictment in February 2018 who are alleged to be members and associates of MS-13 in Columbus.
The defendants are charged in a racketeering conspiracy, which includes five murders as well as attempted murder, extortion, money laundering, drug trafficking, assault, obstruction of justice, witness intimidation, weapons offenses and immigration-related violations.
The second superseding indictment alleges that the defendants committed a host of overt acts in furtherance of the conspiracy, including: 1) the December 2006 murder of Jose Mendez, a suspected confidential informant, in Perry County; 2) the November 2008 murder of Ramon Ramos on Lockbourne Road in Columbus; 3) the mid-2015 murder of Carlos Serrano-Ramos, a suspected rival gang member, near Innis Road in Columbus; 4) the November 2015 murder of Wilson Villeda near Innis Road in Columbus; and 5) the December 2016 murder of Salvador Martinez-Diaz, a suspected rival gang member, on Melroy Avenue in Columbus.
As part of his plea, Alvarado has accepted responsibility for his role in the murders of Serrano-Ramos, Villeda and Martinez-Diaz. All three murders occurred in Columbus. Alvarado faces a maximum sentence of life in prison.
U.S. Attorney Glassman commended the investigation of this case by the FBI, ICE, Columbus Division of Police and Franklin County Sheriff’s Office, and the assistance of the Ohio Bureau of Criminal Investigation (BCI) and Homeland Security Investigations (HSI), as well as Assistant United States Attorneys Brian J. Martinez and Jessica H. Kim, who are prosecuting the case.
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DeForest Man Pleads Guilty to Selling Firearms Without LicenseRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Eugene Ripp, 66, DeForest, Wisconsin, pleaded guilty yesterday to willfully engaging in the business of dealing firearms without a qualifying federal firearms license.
At the plea hearing, Ripp acknowledged that he sold firearms without a license from October 2015 to December 2016. This occurred after agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives warned Ripp in July 2015 that dealing firearms without a license is unlawful.
Ripp attended gun shows throughout and outside of Wisconsin, and sold firearms using the trade name “Son of a Gun.” Ripp sold multiple AR-15-type pistols to an undercover agent in 2016. In December 2016, federal agents executed a search warrant at Ripp’s residence and seized evidence of his firearms dealing business and over 120 firearms.
Ripp faces a maximum penalty of five years in federal prison and a fine of $250,000. U.S. District Court Judge William M. Conley scheduled sentencing for May 8, 2019 at 1:00 p.m.
The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of this case is being handled by Assistant U.S. Attorneys Antonio M. Trillo and Kevin F. Burke.
DEA-Led Crackdown on Prescription Opioid Diversion Targets Medical Professionals with Criminal Charges, License RevocationsRead the Press Release
LOS ANGELES – A series of investigations led by the Drug Enforcement Administration has resulted in the arrests of nine defendants, most of whom are medical professionals, on federal charges of diverting dangerous narcotics – primarily highly addictive opioids – to the black market.
Operation “Hypocritical Oath” targeted medical professionals with criminal charges, search warrants and administrative actions that led to the revocation of DEA licenses. The targets of the investigations – doctors, physician assistants, nurse practitioners and clinic operators – are suspected of illegally providing controlled substances to “patients” and black market customers in violation of their oaths to “do no harm.” Working with prosecutors from the United States Attorney’s Office, the DEA initiated the operation to combat the nationwide opioid epidemic by identifying, investigating and stopping entities responsible for the illicit diversion of large amounts of pharmaceutical controlled substances. The U.S. Department of Health and Human Services, Office of Inspector General worked in partnership with the DEA during Operation Hypocritical Oath.
Over the past week, DEA agents arrested six doctors, physician assistants and suspected drug traffickers on federal narcotics charges. In conjunction with the recent arrests, authorities executed 10 search warrants. Operation Hypocritical Oath also resulted in criminal cases against three other defendants – two of them doctors – and a series of administrative actions by the DEA that led to four medical practitioners losing their licenses.
“As we battle the opioid crisis with interdictions, the dismantling of trafficking organizations and community outreach, we cannot ignore corrupt medical professionals who flood our communities with those same drugs that are killing people each and every day across America,” said United States Attorney Nick Hanna. “Doctors and trained practitioners know better than anyone the twin dangers of addiction and overdose that come with powerful narcotics. Prosecutors in my office have targeted these drug dealers in lab coats for many years, and we will not rest until we see the end of abusive prescribing practices.”
“The successful conclusion of Operation Hypocritical Oath is a testament to not only the hard work of the men and women of the DEA, but is indicative of the terrific partnership with the U.S. Attorney’s Office and our federal, state, and local partners,” said DEA Los Angeles Special Agent in Charge David J. Downing. “Today’s arrests and administrative actions should put crooked medical professionals and street dealers alike on notice – we will not tolerate opioids being illegal pushed onto our streets.”
Recently Filed Cases
In a series of cases filed over the past week that allege the distribution of drugs while acting outside the usual course of professional practice and without a legitimate medical purpose, prosecutors have charged doctors, a physician assistant, and a nurse practitioner with illegally writing prescriptions, sometimes with the full knowledge that their “patients” were addicted to the drugs they were providing. In other cases, practitioners took advantage of their insider status to obtain illicit narcotics.
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Dr. Michael Anthony Simental, 47, of Corona, who practices at the Kaiser Permanente facility in Riverside, was arrested this morning on charges of illegally distributing hydrocodone, an opioid found in drugs such as Vicodin.
The investigation into Simental began after one of his patients died of a drug overdose last June. Records from the California Medical Board and Kaiser showed a string of disciplinary actions, complaints about his prescribing practices, and questions about his sobriety while working. A criminal complaint filed this week outlines numerous communications between Simental and the overdose victim, some of which indicate that Simental “was aware he was prescribing excessive volumes of opiate drugs” to the woman and her husband.
After the DEA executed search warrants in November, the husband of the overdose victim said he and his wife had been under Simental’s care for years, both had become addicted to opioids prescribed by Simental, and that “Simental would prescribe them whatever drugs they wanted,” according to the affidavit in support of the complaint. An outside expert who reviewed the medical records of the dead woman and her husband said they “were filled with confusing data and…made absolutely no sense.” A wider review of Simental’s prescribing history caused the expert to identify 100 patients who were “receiving potentially unlawful controlled drug prescriptions.”
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Gabriel Hernandez, 58, of Anaheim, a physician assistant who works at a Long Beach pain management clinic known as Vortex Wellness & Aesthetics, was arrested on Wednesday pursuant to a criminal complaint that charges him with distributing oxycodone without a legitimate medical purpose. Over a two-year period that ended in November, Hernandez prescribed nearly 6,000 controlled substances – more than half of which were for maximum-strength oxycodone, which means he was responsible for approximately 446,000 oxycodone pills being dispensed, according to court documents.
Hernandez often wrote prescriptions for drug cocktails known as the “holy trinity” – a narcotic, a tranquilizer and/or a muscle relaxant – which are sought out by drug addicts and are particularly dangerous because of the threat of fatal overdose, according to the affidavit in support of the complaint. In 2017, according to records maintained by the state of California, Hernandez wrote a “holy trinity” prescription to a 41-year-old man who died a week later from the combined effects of alcohol and two of the prescribed drugs, according to the criminal complaint. A San Diego pharmacist contacted investigators late last year about suspicious and identical prescriptions Hernandez wrote to three people who appeared to be living in the same house over a hundred miles away from the Vortex clinic.
A medical expert who reviewed data on Hernandez’s prescription history and tapes of two office visits by a law enforcement source concluded that Hernandez’s “actions are much closer to that of an illegal drug dealer than that of a physician, and the patient visits are a sham.”
Hernandez made his initial court appearance Wednesday afternoon before a United States Magistrate Judge, who released Hernandez on bond and scheduled an arraignment for March 28.
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Dr. Reza Ray Ehsan, 60, of Bel-Air, was arrested this morning on charges that allege he unlawfully sold controlled drugs to an agent posing as a patient during undercover meetings in December 2018 and January 2019. As documented in an affidavit in support of a search warrant for Ehsan’s medical files, he sold more than 700,000 pills – mostly opioid painkillers – in 2015 and 2016, and he did not report the sales to the Controlled Substance Utilization Review and Evaluation System (CURES), a prescription drug monitoring program that California uses to track the distribution of prescription medication.
Ehsan ordered large quantities of maximum-strength hydrocodone – the kind most sought after on the black market – and sold the pills directly to his “patients,” according to court documents that note many of Ehsan’s “patients” traveled long distances to his Westside medical office and paid for prescriptions in cash or with credit cards instead of through their health insurance plan.
An 18-count indictment also alleges that Ehsan structured cash deposits to prevent banks from submitting mandatory reports for currency transactions exceeding $10,000. Subpoenaed bank records show that, between January 2014 and February 2018, Ehsan deposited more than $1 million in cash into accounts held in the names of himself, his business and his close relatives – all of which were less than $10,000. Most of the deposits during that time were between $9,000 and $9,960, according to the indictment.
Ehsan is charged with two counts of knowingly and intentionally distributing the buprenorphine (a powerful opioid sold under the brand name Subutex), one count of illegally distributing diazepam (best known under the brand name Valium), one count of distributing amphetamine salts (often sold under the brand name Adderall), and 14 counts of structuring financial transactions to evade detection by law enforcement.
UPDATE
The description of the case against Saloumeh Rahbarvafaei, below, erroneously states that agents purchased prescriptions from Rahbarvafaei and references a report that concluded she was providing prescriptions for large monetary gain. In fact, the undercover officers did not directly pay Rahbarvafaei, but actually paid cash at the front desk before their visits with Rahbarvafaei. On August 18, 2022, a federal jury found Rahbarvafaei not guilty of all criminal charges filed against her.
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Saloumeh Rahbarvafaei, 40, of Northridge, a nurse practitioner employed at several locations, including the Good Neighbor Clinic in Leimert Park, was arrested this morning on charges of unlawfully distributing hydrocodone.
According to the criminal complaint filed in this case, undercover agents purchased prescriptions from Rahbarvafaei during five separate transactions last year. Rahbarvafaei allegedly did not examine either of the two undercover federal agents, and her meetings with them lasted a few minutes each. In each of the five meetings, the agents paid Rahbarvafaei in cash and in return she provided them prescriptions for several narcotics, including hydrocodone, court documents state.
Undercover video of the medical office where Rahbarvafaei worked showed the waiting room usually was overflowing with patients who typically were seen for very short periods of time in Rahbarvafaei’s office, not in an examination room, court papers state. A physician conducting an expert review of the CURES data in this case wrote that Rahbarvafaei has “abandoned the practice of legitimate medicine” and she was selling dangerous narcotics to large numbers of people for “large monetary gain.”
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Monica Ann Berlin, 41, of Del Mar, a former employee at a doctor’s office in Beverly Hills and who is presently with a Del Mar-based company that offers perioperative care services, was arrested last Thursday pursuant to a criminal complaint charging her with distribution and possession of a controlled substance. Berlin allegedly stole a signature stamp and prescription pads belonging to the doctor who employed her, and she used them to write fraudulent prescriptions and distribute controlled substances to others.
Between April 2015 and April 2017, Berlin allegedly forged at least 44 prescriptions for controlled substances that another person filled at pharmacies in Beverly Hills and Rancho Santa Fe. In exchange for the drugs, Berlin’s buyer treated her to lavish dinners and bought her gifts. According to the complaint, Berlin sent text messages to her buyer using coded language by describing the drugs as “candies” and “Tic Tacs.”
Berlin made her initial appearance in United States District Court in San Diego on February 14, at which time she was ordered released on a $1 million bond. Berlin is expected to appear in federal court in Los Angeles next month.
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Ana Leblanc, 33, of Chino Hills, who worked at a Santa Ana clinic for two weeks last year, was arrested this morning on charges of fraudulently obtaining prescription drugs.
According to a criminal complaint, Leblanc, who has no authority to handle or prescribe controlled substances, used a prescription pad from her employer to write prescriptions for controlled substances, including oxycodone, to herself and others without the knowledge or approval of the doctor listed on the prescription script. In addition, she created a patient chart for herself at her place of employment, “diagnosed” herself with anxiety, and ordered Xanax from the clinic’s medication supply.
The defendants arrested this morning are expected to make their first court appearances this afternoon in United States District Court in Los Angeles, Riverside and Santa Ana.
Previously Filed Cases
As part of Operation Hypocritical Oath, prosecutors previously charged two doctors and a third man who allegedly engaged in a sophisticated scheme to obtain drugs that he subsequently sold on the internet.
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Dr. Robert Tinoco Perez, 57, of Westminster, is scheduled to plead guilty on Monday to a conspiracy charge in which he admits writing fraudulent prescriptions to a drug dealer, who then sold the drugs for cash and shared the profits with Perez.
Perez, who has agreed to plead guilty to one count of conspiracy to distribute controlled substances, admitted in a plea agreement filed January 29 that he wrote prescriptions for Adderall, oxycodone and hydrocodone between December 2017 and June 2018 to a convicted felon and drug dealer. Perez used bogus patient names to write the fraudulent prescriptions to William Jason Plumley, who sold the prescribed drugs – and also heroin and methamphetamine – to an undercover law enforcement officer. Plumley pleaded guilty to conspiracy to distribute controlled substances and was sentenced in December to 70 months in federal prison.
Perez is scheduled to appear on Monday before United States District Judge Andrew J. Guilford in Santa Ana.
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Christopher James Lazenby, 28, of Homeland, allegedly stole physicians’ DEA numbers and their dates of birth, which allowed him to use the DEA’s online registration system to change the addresses of eight doctors to mailboxes he had rented in South Los Angeles and Carson. Lazenby changed the address of a ninth doctor to show his medical office was a room at a Motel 6 in Inglewood, according to an affidavit filed with the criminal complaint in the case.
With official records showing new addresses for the doctors, Lazenby allegedly forged the doctors’ signatures on counterfeit prescriptions and ordered oxycodone, hydrocodone and Adderall to be sent to the addresses he controlled. After receiving the narcotics, Lazenby used the dark web and Craigslist to advertise the drugs for sale, court documents allege.
Lazenby was arrested in October at a long-term hotel in Torrance. A criminal complaint charges Lazenby with fraudulently obtaining a controlled substance. Lazenby’s arraignment is scheduled for March 15.
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Dr. Dzung Ahn Pham, 57, of Tustin, was arrested late last year on federal charges of illegally distributing narcotics by writing prescriptions for the “holy trinity” cocktail for “patients” he didn’t examine. Pham has pleaded not guilty to charges contained in a six-count indictment that was returned by a federal grand jury on January 16. If Pham is convicted in this case, he would face a statutory maximum sentence of 120 years in federal prison. A trial in this case is scheduled for March 12.
Indictments and criminal complaints contain allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty.
The charge of illegally distributing prescription narcotics carries a statutory maximum sentence of up to 20 years in federal prison.
In addition to the criminal cases being announced today, the DEA took administrative actions to suspend or revoke the ability to prescribe medications against several medical practitioners who are DEA registrants.
These cases were investigated by the Drug Enforcement Administration and the U.S. Department of Health and Human Services, Office of Inspector General.
This operation was assisted by the Department of Justice Criminal Division’s Fraud Section Health Care Fraud Strike Force in Los Angeles.
The following agencies provided substantial assistance during Operation Hypocritical Oath: The United States Department of Veterans Affairs, Office of Inspector General; IRS Criminal Investigation; the California Department of Consumer Affairs, Division of Investigation; the California Bureau of Medi-Cal Fraud and Elder Abuse; the California State Board of Pharmacy; the Medical Board of California; the California Department of Consumer Affairs, Division of Investigation; the California Department of Health Care Services; the Ventura County Combined Agency Narcotic Task Force; the Los Angeles County District Attorney’s Office, Bureau of Investigations; the Orange County Sheriff’s Department; the Los Angeles County Sheriff’s Department; the LASD Heath Authority Law Enforcement Task Force; Orange County Children & Family Services; the Irvine Police Department; the Santa Ana Code Enforcement Division; the Costa Mesa Police Department; and the Los Angeles Police Department.
Most of the cases announced today are being prosecuted by Assistant United States Attorney Ben Barron of the Organized Crime Drug Enforcement Task Force. AUSA Barron also coordinated Operation Hypocritical Oath for the United States Attorney’s Office.
Some of the cases are being prosecuted by or with Assistant United States Attorneys Sara B. Milstein (Berlin), Puneet V. Kakkar (Hernandez), Veronica M.A. Alegría (Ehsan), Benedetto Balding (Rahbarvafaei), Benjamin Weir (Leblanc), Rosalind Wang (Perez), Gregory Staples (Pham) and Brett Sagel (Pham).
In addition to the criminal actions announce today, the United States Attorney’s Office has an Opioid And Fentanyl Awareness Initiative in which federal prosecutors make presentations at schools and to community groups to educate the public on the dangers and the scope of the opioid epidemic.
Berlin Complaint
Ehsan Indictment
Ehsan Search Warrant
Hernandez Complaint
Lazenby Complaint
Leblanc Complaint
Perez Plea Agreement
Pham Indictment
Rahbarvafaei Complaint
Simental Complaint-
Cuban National Sentenced to more than 10 years for Labor Trafficking and Alien SmugglingRead the Press Release
A Cuban national was sentenced to more than 10 years in prison for smuggling three women into the United States and requiring them to pay off an imposed debt through forced labor.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, Anthony Salisbury, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s, Homeland Security Investigations, (ICE-HSI), and Rick Bradshaw, Sheriff, Palm Beach County Sheriff’s Office, (PBSO), made the announcement.
Ivan Madrigal Zamora, 46, of Cuba, who was living in Palm Beach County, previously pled guilty to two counts of forced labor trafficking, in violation of Title 18, United States Code, Section 1589(a), and two counts of encouraging and inducing an alien to reside in the United States, in violation of Title 8, United States Code, Section 1324(a)(1)(A)(iv) & (B)(i). U.S. District Judge Robin L. Rosenberg sentenced Zamora today to 121 months, three years of supervised release, and ordered restitution be paid to the three victims totaling $40,100
According to court records, including an agreed upon factual proffer, Zamora entered the United States through Mexico, by claiming asylum in May 2016. He entered with a female, who was a Cuban National, having traveled with her from Cuba beginning in February 2016. Upon arriving in Florida, Zamora had this woman work in Palm Beach County strip clubs to pay him a smuggling debt of over $10,000. Zamora smuggled a second female from Cuba to Florida, via Mexico, after providing her with fake identification information. Like the first victim, Zamora forced the second victim to work in strip clubs to pay him a $26,000 smuggling debt. Then, in early 2017, Zamora had a third female victim smuggled from Cuba, by wiring money to smugglers throughout Central America. Upon arriving through the Mexico-Texas border, the third victim was arrested and detained for more than two months. After posting her bond, Zamora flew the third victim to Florida in July 2017. Zamora then ordered the woman to work in strip clubs to pay back him a $26,000 smuggling debt. Within three weeks, the third victim escaped Zamora and called 911.
The court record further indicated that during the course of the alien smuggling and forced labor trafficking, Zamora beat the three women and verbally threatened them and their families.
U.S. Attorney Fajardo Orshan commended the investigation efforts of ICE-HSI and PBSO in this matter. She thanked the Palm Beach County Human Trafficking Task Force for their assistance. This case was prosecuted by Assistant U.S. Attorney Gregory Schiller.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov
Convicted Sex Offender Sentenced for Viewing Child Pornography While on Supervised ReleaseRead the Press Release
Tampa, Florida – Senior U.S. District Judge Elizabeth Kovachevich has sentenced Charles Ruggiero (37, Tampa) to five years in federal prison for accessing an electronic device with the intent to view child pornography. Ruggiero had pleaded guilty on August 9, 2017.
According to court documents, in August 2016, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Tampa received two Cyber Tipline reports from the National Center for Missing and Exploited Children (NCMEC). The report stated that an individual, later determined to be Ruggiero, used a web-based communications platform to upload two voice recordings discussing engaging in sexually explicit conduct with his 11-year-old sister. HSI agents learned that Ruggiero is a convicted sex offender and, at the time of this offense, was also on federal supervised release for transporting and shipping child pornography.
HSI agents contacted Ruggiero’s probation officer and confirmed that the cellphone number that Ruggiero had provided to his probation officer was the same number that had been reported to NCMEC. Ruggiero admitted that he had been viewing child pornography on his girlfriend’s computer and cellphone for several months. A forensic analysis of the computer and cellphone revealed approximately 200 images depicting child pornography, including young children, and numerous internet search terms consistent with child exploitative material.
“This criminal continued to re-victimize young children by viewing images of child pornography,” said HSI Tampa Special Agent in Charge James C. Spero. “Now, thanks to our HSI Tampa special agents, he will be punished for his crimes.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Lisa M. Thelwell.
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 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.
Conroe Man Ordered to Prison for Making “Ghost Guns”Read the Press Release
HOUSTON – A 30-year-old resident of Conroe has been sentenced to federal prison for possessing and selling homemade machine guns, announced U.S. Attorney Ryan K. Patrick. Michael Lee Price pleaded guilty Oct. 5, 2018, admitting he illegally possessed machine guns, possessed unregistered machine guns and engaged in the business of selling firearms without a license.
Today, U.S. District Judge Ewing Werlein Jr. ordered price to serve a total of 37 months in prison to be immediately followed by three years of supervised release. In handing down the sentence, the court noted the seriousness of his crime in making fully automatic machine guns and selling to criminal elements given the amount of death and destruction they can cause.
From June 18, 2018, to July 17, 2018, Price negotiated with an undercover officer to sell fully automatic M-16 style machine guns that he made from gun parts he bought online. The evidence showed Price was in the business of purchasing the gun parts to construct an M-16 style rifle then used his own machinery and templates to make the rifles fully automatic machine guns.
Such machine guns are known as “ghost guns” because they have no identifying information and are hard to trace.
Price sold a total of 14 fully automatic machine guns to the undercover officer. Authorities seized all of the machine guns and confirmed to be fully-automatic machine guns.
Price 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 Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant U.S. Attorney Richard Bennett prosecuted the case.
Citizen of the Domincan Republic Charged with Fentanyl Distribution and Gun Possession OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration for New England, today announced that a federal grand jury in New Haven returned an indictment yesterday charging DANIEL JIMENEZ DE LA CRUZ, 33, a citizen of the Dominican Republic last residing in Waterbury, with fentanyl distribution and firearm possession offenses.
As alleged in court documents and statements made in court, Jimenez was arrested on September 20, 2018, after special agents with the Drug Enforcement Administration executed a search warrant at his Waterbury residence. Outside of Jimenez’s bedroom window, agents found a trash bag that contained a powdery substance that that later tested positive for fentanyl. The trash bag also contained a loaded Smith and Wesson .38 caliber revolver.
Jiminez has been detained since his arrest.
The indictment charges Jiminez with one count of possession with intent to distribute 40 grams or more of fentanyl, and offense that carries a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 40 years; one count of possession of a firearm in furtherance of a drug trafficking crime, an offense that carries a mandatory consecutive sentence of five years, and one count of possession of a firearm by an alien illegally or unlawfully in the U.S., an offense that carries a maximum term of imprisonment of 10 years.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Drug Enforcement Administration and the case is being prosecuted by Assistant U.S. Attorney John T. Pierpont, Jr.
This prosecution 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 neighborhoods safer for everyone.
Chicopee Police Officer Pleads Guilty to Immigration FraudRead the Press Release
BOSTON – A Chicopee police officer pleaded guilty yesterday in federal court in Springfield in connection with immigration fraud.
Nhac Duy Truong, 44, of East Longmeadow, pleaded guilty to one count of immigration fraud. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for May 29, 2019. According to the terms of the plea agreement, Truong agreed to resign from the Chicopee Police Department, where he has served as a police officer since 2004, and to never seek employment in law enforcement. Truong was charged in November 2018.
In 2008 and 2009, Truong submitted two petitions for a claimed alien fiancée, who was in fact the sister of his common law wife. On Feb. 15, 2011, in Ho Chi Minh City, Vietnam, Truong signed a sworn affidavit in support of his second petition for his common law wife’s sister that falsely stated he had never lived with his common law wife and never met her in person, when in fact he had lived with her, and she is the mother of his two children.
The charge of immigration fraud provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and William Gannon, Special Agent in Charge of the United States Department of State, Bureau of Diplomatic Security, Boston Field Office, made the announcement. Assistant U.S. Attorney Steven H. Breslow of Lelling’s Springfield Branch Office is prosecuting the case.
Cedar Rapids Man Pleads Guilty to Possessing a Gun During a Drug Trafficking CrimeRead the Press Release
A man who illegally possessed a handgun and methamphetamine pled guilty today in federal court in Cedar Rapids.
Shane LaGrange, age 36, from Cedar Rapids, Iowa, was convicted of possession with intent to distribute methamphetamine and possession of a firearm during a drug trafficking crime.
At the plea hearing, LaGrange admitted that on December 29, 2017, he possessed at least five grams of pure methamphetamine that he intended to distribute to others. He further admitted that he also possessed a gun in furtherance of the drug trafficking crime. Both the methamphetamine and the gun were found when defendant was arrested by officers from the Cedar Rapids Police Department.
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.
Sentencing before United States District Court Judge CJ Williams will be set after a presentence report is prepared. LaGrange remains in custody of the United States Marshal pending sentencing. LaGrange faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of life imprisonment, a $8,250,000.00 fine, and eight years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Matthew J. Cole and investigated by the Cedar Rapids Safe Streets Task Force. The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-00090.
Follow us on Twitter @USAO_NDIA.
Cass County Man Charged with Stalking, Child PornographyRead the Press Release
United States Attorney Erica H. MacDonald today announced a four-count federal indictment against JARED ROSS BOSWELL, 32, for distributing child pornography, sending obscene material to a minor, and stalking a minor via the internet. BOSWELL, who was charged in a criminal complaint on January 22, 2019, will remain in detention pending further proceedings.
According to the allegations in the indictment, from April 2018 through September 2018, BOSWELL used the internet to stalk a minor victim. Also during that time, BOSWELL used the internet to send obscene materials and distribute sexually explicit images, including visual depictions of minors, to a second minor victim.
This case is the result of an investigation conducted by the Red Lake Department of Public Safety, the Mille Lacs Tribal Police Department, the Bemidji Police Department, the Hubbard County Sheriff’s Office, the Minnesota Bureau of Criminal Apprehension, and the FBI.
This case is being prosecuted by Assistant U.S. Attorney Angela Munoz-Kaphing.
Defendant Information:
JARED ROSS BOSWELL, 32
Cass County, Minn.
Charges:
- Stalking, 1 count
- Distribution of child pornography, 2 counts
- Transfer of obscene material to minors, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Career Offender Sentenced to 20 Years for Armed RobberyRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Joseph Deleon (33, Lake County) to 20 years in federal prison for commercial armed robbery and for brandishing a firearm while committing that robbery. Due to the seriousness of his criminal history and the violent nature of his robbery, he qualified for an increased penalty under the Armed Career Criminal Act. A jury found Deleon guilty on October 16, 2018.
According to testimony and evidence presented at trial, shortly after midnight on March 15, 2018, in St. Petersburg, Deleon pointed a gun at a cashier at a 7–11 store and demanded the contents from the cashier’s register. After obtaining approximately $100 and several packages of stamps, Deleon fled the scene. At the time of the offense, Deleon was a convicted felon. His prior convictions include molesting a child and dealing drugs.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the St. Petersburg Police Department. It was prosecuted by Assistant United States Attorneys Gregory T. Nolan and Thomas N. Palermo.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Canadian Woman Pleads Guilty Involving an Attempt to Smuggle an Alien in A Car TrunkRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Donna Pham, 46, of Ontario, Canada, pleaded guilty, before U.S. District Judge Richard J. Arcara, to conspiracy to defraud the United States. The charge carries a maximum penalty of five years in prison, and a $250,000 fine.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that on January 6, 2019, a black Mercedes attempted to enter the United States from Canada at the Rainbow Bridge Port of Entry. The vehicle was registered to the defendant, a settlement worker in Canada who assisted Canadian permanent residents and refugees in understanding the Canadian education system. During primary inspection, Pham presented herself and a front seat passenger as Canadians, with Canadian passports. The defendant did not declare or present for inspection a Senegalese alien, who was secreted in the trunk of her vehicle. Subsequently, Customs and Border Protection officers discovered the alien, who was detained along with Pham.
The plea is the result of an investigation by Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations, and the U.S. Department of Homeland Security Investigations, under the direction of Special Agent-in-Charger Kevin Kelly.
Sentencing is scheduled for May 31, 2019, at 12:30pm before Judge Arcara.
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Burnsville Coin Dealer Pleads Guilty to Counterfeit Coin Fraud SchemeRead the Press Release
United States Attorney Erica H. MacDonald today announced the guilty plea of BARRY RON SKOG, 68, for perpetrating a counterfeit coin fraud scheme. SKOG, who was indicted on April 10, 2018, entered his guilty plea earlier today before Judge Wilhelmina M. Wright in U.S. District Court in St. Paul, Minnesota.
According to the defendant’s guilty plea, SKOG owned and operated a business called Burnsville Coin Company, which engaged in advertising and selling numismatic coins. Through his business, SKOG posted advertisements for coins in a publication called Numismatic News. When potential buyers responded to the ads, SKOG would mail them lists of available coins for purchase, many of which were counterfeit. In his communications with the victims, SKOG would often represent himself as an employee of the Burnsville Coin Company named “Ron Peterson,” when, in fact, there were no other owners or employees of the company other than SKOG. In total, SKOG stole more than $57,000 from his victims. SKOG also intended to create additional loss by advertising for sale 275 additional counterfeit coins at an advertised sale value of approximately $235,000.
This case is the result of an investigation conducted by the Minnesota Commerce Fraud Bureau and the Burnsville Police Department.
Based on the evidence obtained in this case, authorities believe there may be additional victims who have not yet been identified. Anyone with information about this matter is encouraged to call the Minnesota Commerce Fraud Bureau at 651-539-1617. Callers may remain anonymous.
Assistant U.S. Attorney Manda M. Sertich is prosecuting the case.
Defendant Information:
BARRY RON SKOG, 68
Burnsville, Minn.
Convicted:
- Sale of counterfeit coins, 1 count
- Mail fraud, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Buckhannon man and Clarksburg man admit to methamphetamine distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – Chance Ward, of Buckhannon, West Virginia, and Ramiro Pimentel, Jr., of Clarksburg, West Virginia, have admitted to distributing methamphetamine, United States Attorney Bill Powell announced.
Ward, age 20, pled guilty to one count of “Possession with Intent to Distribute Methamphetamine.” Ward admitted to distributing methamphetamine in March 2018 in Upshur County.Pimentel, age 31, pled guilty to one count of “Distribution of Methamphetamine.” Pimentel admitted to selling methamphetamine in May 2017 in Harrison County.
Ward and Pimentel each face up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the cases on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Greater Harrison Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated. The United States Marshal Service assisted in the arrests.
The investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Magistrate Judge Michael John Aloi presided.
Bronx Man Charged with Murder-For-Hire ConspiracyRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing today of an Indictment charging SYDNEY SCALES, a/k/a “Sid,” a/k/a “Moe Black,” with conspiracy to commit murder for hire, as well as narcotics and firearms offenses. A second defendant on the Indictment, ERNEST HORGE, a/k/a “Ern,” a/k/a “Mac,” is charged with narcotics and firearms offenses.
SCALES was arrested this morning in the Middle District of Pennsylvania and will be presented today in Manhattan federal court before U.S. Magistrate Judge Ona T. Wang. Horge was arrested in the Northern District of New York, and he will be presented there today. The case has been assigned to the Honorable Laura Taylor Swain.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged in the indictment, Scales and Horge were responsible for significant narcotics – including fentanyl – and firearms offenses. Scales allegedly then conspired to kill a rival drug dealer. This alleged drug dealing and violence are intolerable, and thanks to the outstanding work of HSI and the NYPD, Scales and Horge now face significant federal charges.”
HSI Special Agent-in-Charge Angel M. Melendez said: “This man is alleged to have contracted the killing of a rival drug dealer to further his position in the dark world of narcotics distribution and gun wielding. There is no place in our communities for an individual pushing drugs onto our streets and using guns for intimidation. Law enforcement has strengthened partnerships across to board to rid our neighborhoods of those who choose to plague our city with violence and drugs.”
As alleged in the Indictment unsealed today in Manhattan federal court and in other court papers and proceedings[1]:
From in or about 2016 through in or about 2019, both SCALES and HORGE participated in a narcotics conspiracy involved in the distribution of crack cocaine, cocaine, heroin, and fentanyl, in the Bronx and elsewhere. SCALES and HORGE also used, carried, and possessed firearms, which were brandished and discharged, in connection with the narcotics conspiracy. In addition, in or about June 2017, SCALES conspired to commit murder for hire, agreeing to compensate other individuals in return for their locating and killing at least one rival drug dealer. SCALES also used, carried, and possessed firearms in connection with the conspiracy to commit murder for hire.
A chart containing the names and maximum penalties for each defendant is set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of HSI and the NYPD’s Bronx Violent Crimes Squad.
The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Frank Balsamello, Sarah Krissoff, and Gina Castellano are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
19-048
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics
Conspiracy
21 U.S.C. § 846
SYDNEY SCALES
ERNEST HORGE
Life in prison
Mandatory minimum of 10 years in prison
2
Using, Carrying, and Possession of Firearms, which were Brandished and Discharged, in Connection with a Drug Trafficking Crime
18 U.S.C. §§ 924(c)(1)(A)(iii), 2
SYDNEY SCALES
ERNEST HORGE
Life in prison
Mandatory minimum of 10 years in prison
3
Conspiracy to Commit Murder For Hire
18 U.S.C. § 1958(a)
SYDNEY SCALES
10 years in prison
4
Using, Carrying, and Possession of Firearms, in Connection with the Conspiracy to Commit Murder for Hire
18 U.S.C. §§ 924(c)(1)(A)(i), 2
SYDNEY SCALES
Life in prison
Mandatory minimum of 5 years in prison
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[1] As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
Boston Man Sentenced for Role in 2016 KidnappingRead the Press Release
BOSTON – A Dorchester man was sentenced yesterday in federal court in Boston for his role in a 2016 kidnapping.
Ban Tran, a/k/a “Bo,” 26, was sentenced by U.S. District Court Judge Leo T. Sorokin to eight months in prison, one year of supervised release and ordered to pay a fine of $5,000. On Nov. 14, 2018, Tran pleaded guilty to misprision of kidnapping.
Co-defendants Vinh Quang Huynh, Quang PT Le, and Kim Nguyen previously pleaded guilty to kidnapping, conspiracy to collect extensions of credit, and illegal gambling business. On May 8, 2018, Le was sentenced to six years in prison. Huynh and Nguyen have not yet been sentenced.
Tran was originally charged with kidnapping; however, as part of a plea agreement with the government, Tran pleaded guilty to a superseding information charging misprision of kidnapping.
On Nov. 14, 2016, Le, who was armed with a knife, and others, kidnapped a victim from in front of the victim’s residence, drove the victim to Dorchester, and beat the victim in an attempt to collect a gambling debt of $40,000. Le and others drove the victim home and demanded a payment of $10,000 the next day. Tran was present during the beating and followed the kidnappers in his car in an attempt to hide the kidnapping. The next day, the victim went to law enforcement and, under the direction of law enforcement officers, made a series of controlled, recorded payments to Le. Over the course of eight months, the victim made payments totaling $22,350 to Le. In August 2017, law enforcement arrested Le and others before the last payment was due.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Boston Police Commissioner William Gross; and Quincy Police Chief Paul Keenan made the announcement today. The Internal Revenue Service’s Criminal Investigation in Boston and Massachusetts Department of Correction assisted with the investigation. Assistant U.S. Attorney Timothy E. Moran of Lelling’s Organized Crime and Gang Unit prosecuted the case.
Bloods Gang Member Sentenced to 15 Years’ Imprisonment for Attempted Murder of Rival on Long IslandRead the Press Release
Earlier today, at the federal courthouse in Central Islip, Jermaine Green, also known as “730,” a member of the Bloods street gang from Roosevelt, New York, was sentenced by United States District Judge Joseph F. Bianco to 15 years’ imprisonment on his conviction for racketeering and discharging a firearm in connection with a crime of violence. The charges related to Green’s involvement in a conspiracy to murder rival gang members and a November 16, 2015 shooting in which Green fired at least nine shots from an assault rifle across a busy street. Green pleaded guilty to the charges on June 21, 2018.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD), announced the sentence.
“Green turned a suburban street into a war zone while attempting to murder a rival, firing multiple shots from an assault rifle in broad daylight, endangering not only the intended target but everyone in the vicinity,” stated United States Attorney Donoghue. “Today’s sentence ensures that the community will be protected from further crimes by the defendant for a long time. This Office, together with our law enforcement partners, remains committed to ridding Long Island of gangs that threaten our communities.”
“The men sentenced to federal prison in this case won’t be able to terrorize the Roosevelt community and areas around it any longer,” stated FBI Assistant Director-in-Charge Sweeney. “They waged a decade long gang war, creating fear and spreading crime at will. The FBI Long Island Gang Task Force investigated this case doggedly, rounding up the gang leadership, and crime dropped significantly soon after. Our work continues on other investigations to make sure others don’t attempt to fill the void.”
“The closure of this case with the sentencing of notorious Blood gang member Jermaine Green is a clear example this type of criminal behavior will never be accepted or tolerated,” stated NCPD Commissioner Ryder. “This multi-jurisdictional investigation completed by numerous law enforcement professionals takes a dangerous felon off the streets in Nassau County thus keeping our children, our families and the entire community safe. I would like to commend the dedication, professionalism and diligence of all of the investigators and the law enforcement agencies involved.”On November 16, 2015, Green and a fellow Bloods gang member retaliated against the Rollin’ 60s Crips by opening fire on a man who the defendant believed was responsible for the 2008 murder in Roosevelt of a Bloods member. The shooting took place as the man walked on Babylon Turnpike with another individual in the middle of the afternoon. Although no one was injured, the storefront of a nearby delicatessen was struck by several bullets.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorneys’ 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.
To date, as part of this case, this Office has charged eight members and associates of the Bloods from Roosevelt for violent crimes committed on behalf of the gang. Five other members and associates of the gang have pled guilty and are awaiting sentence. The remaining two defendants are awaiting trial.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Nicole Boeckmann and Michael Maffei are in charge of the prosecution.
The Defendant:
JERMAINE GREEN (also known as “730”)
Age: 28
Roosevelt, New YorkE.D.N.Y. Docket No. 17-CR-106 (S-2) (JFB)
American with Disabilities Act Investigations Ensure Accessibility at Three Medical ProvidersRead the Press Release
PROVIDENCE - The United States Attorney’s Office in Rhode Island this week concluded an investigation into violations of the Americans with Disabilities Act (ADA) at seven Landmark Medical Center offices in Woonsocket, Rhode Island, announced United States Attorney Aaron L. Weisman.
As a result of the Government’s investigation, the healthcare provider promptly and cooperatively remedied ADA violations requiring accessible parking and medical equipment for individuals in wheelchairs. The deficiencies were discovered during an investigation prompted by a citizen complaint to the United States Attorney’s Office’s Civil Rights Division.
As a result of the investigation and the prompt and cooperative response by Landmark Medical Center, Landmark now has designated accessible parking spaces and accessible medical equipment, including an accessible scale and adjustable-height exam tables and transfer boards at all of its medical offices in Woonsocket, and the U.S. Attorney’s Office is accordingly closing its inquiry into the matter.
Over the past year, similar investigations by the United States Attorney’s Office into accessibility deficiencies at two other Rhode Island medical offices also resulted in voluntary corrective measures by those practices to ensure compliance with the ADA. As a result of these inquiries, RISkinDoc in Cranston voluntarily modified its entrance and purchased equipment to make its exam rooms accessible, while Coastal Medical, Inc., with the assistance of its landlord, Belvoir Properties, LLC, similarly undertook voluntarily corrective measures at its Providence facility, including ensuring adequate parking access for disabled patients, and accessible examination rooms and equipment inside the facility.
The investigation and resolution of each of these matters were handled by Assistant U.S. Attorney Amy R. Romero and United States Attorney’s Office investigator David Neill.
The Department of Justice has a number of publications available to assist entities in complying with the ADA, including Access to Medical Care for Individuals with Mobility Disabilities. For more information on the ADA and to access these publications, visit ADA.gov or call the Justice Department’s toll-free ADA information Line at 800-514-0301 or 800-514-0383 (TDD). ADA complaints may be filed by email to [email protected].
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Additional Charges Filed in Case of Seven Aliens Who Conspired to Harbor Newman Police Officer’s Alleged KillerRead the Press Release
FRESNO, Calif. — A federal grand jury returned a nine-count superseding indictment today against Erik Razo-Quiroz, 29, of Merced; Adrian Virgen-Mendoza, 25, of Fairfield; Conrado Virgen Mendoza, 34, of Chowchilla; Erasmo Villegas-Suarez, 36, of Buttonwillow; Ana Leydi Cervantes-Sanchez, 31, of Newman; Bernabe Madrigal-Castaneda, 59, of Lamont; and Maria Luisa Moreno, 57, of Lamont, adding six new charges relating to fraudulent identification documents to the previous charges of conspiring to harbor an alien and, as to Razo, being a felon and an alien in possession of a firearm.
U.S. Attorney McGregor W. Scott and Homeland Security Investigations Special Agent in Charge Ryan L. Spradlin made the announcement.
According to court documents, between December 26, 2018, and December 28, 2018, the defendants conspired to harbor and conceal Paulo Virgen Mendoza as he attempted to flee from California to Mexico to avoid prosecution for the murder of Newman Police Corporal Ronil Singh. It is alleged that in the early hours of December 26, 2018, Mendoza, an alien not lawfully present in the United States, shot and killed Corporal Singh. Thereafter, the seven defendants helped Mendoza hide from law enforcement, despite knowing that he had killed a police officer. The defendants transported, hosted, and provisioned Mendoza with clothes, money, and a new cellphone; concealed the truck that Mendoza was driving when he allegedly killed Corporal Singh; and made plans and wired money to smuggle Mendoza out of California and back to Mexico. Additionally, Razo, a convicted felon, disposed of the gun that Mendoza allegedly used. All of the defendants are aliens not lawfully present in the United States.
In the superseding indictment, Mendoza’s brothers, Conrado Virgen Mendoza and Adrian Virgen Mendoza, are also charged with using a false Social Security Number and possessing a false lawful permanent resident card in connection with securing employment. Another relative, Erasmo Villegas-Suarez, is also charged with using a false Social Security Number in connection with securing employment.
This case is the product of an investigation by Homeland Security Investigations (HSI) and the Stanislaus County Sheriff’s Office with assistance from the Immigration and Customs Enforcement’s Enforcement and Removal Operations, the Office of the Inspector General of the Social Security Administration, the Central Valley High Intensity Drug Trafficking Area (HIDTA) task force, the Southern Tri-County HIDTA, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the California Highway Patrol, the Kern, Merced, and Santa Cruz Counties Sheriff’s Offices, and the Police Departments of the cities of Merced, Turlock, Modesto, and Santa Cruz. Assistant U.S. Attorney Karen A. Escobar and Laura D. Withers are prosecuting the case.
The defendants are next scheduled to appear in federal court for a status conference on February 25. If convicted of the firearms offenses, Razo faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The charges of harboring conspiracy and misuse of a social security number carry a maximum statutory penalty of five years in prison and a $250,000 fine. Possession of false immigration documents carries a maximum statutory penalty of 15 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Activity in the United States Attorney's OfficeRead the Press Release
Chief Federal District Court Judge Scott W. Skavdahl sentenced SHAUN MICHAEL SPRAGUE, 37, with no fixed address on February 5, 2019 for arson of a facility engaged in interstate commerce. Sprague was arrested in Casper, Wyoming. He received sixty months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay restitution in an amount to be determined later. The Wyoming State Fire Marshal’s Office, Gillette Police Department, Campbell County Fire Department, and the Wyoming Division of Criminal Investigation investigated this case.
Chief Federal District Court Judge Scott W. Skavdahl sentenced ORA IGNATIUS LITTLE, Jr., 50, of Arapahoe, Wyoming on February 15, 2019 for abusive sexual contact. Little was arrested in Lander, Wyoming. He received forty-two months of imprisonment, to be followed by one hundred twenty months of supervised release, and ordered to pay a $2500.00 special assessment to the Victims of Sex Trafficking Act of 2015. The Federal Bureau of Investigation investigated this case.
Federal District Court Judge Alan B. Johnson sentenced DELBERT LEE SPENCE, 38, of Cheyenne, Wyoming on February 19, 2019 for conspiracy to distribute methamphetamine. Spence was arrested in Cheyenne, Wyoming. He received fifty-one months of imprisonment, to be followed by thirty-six months of supervised release, and ordered restitution in the amount of $200.00. The Wyoming Division of Criminal Investigation and the US Drug Enforcement Administration investigated this case.
18 Members and Associates of White Supremacist Gang Indicted for Racketeering and Drug DistributionRead the Press Release
Eighteen members and associates of a white supremacist gang, the Universal Aryan Brotherhood, have been charged for their alleged roles in conspiring in a racketeering enterprise, kidnapping, and drug conspiracy.
The charges were announced at a press conference today in Tulsa by U.S. Attorney Trent Shores for the Northern District of Oklahoma, Special Agent in Charge Tamera Cantu of IRS-Criminal Investigation’s Dallas Field Office, and Assistant Special Agent in Charge James M. Wright of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Dallas Field Office.
The indictment alleges the Universal Aryan Brotherhood (UAB) to be a racketeering enterprise which committed acts of murder, kidnapping, the trafficking of methamphetamine and firearms, money laundering, assault, and robbery throughout the State of Oklahoma. According to the indictment, the UAB is a “whites only” prison-based gang with members operating inside and outside of state prisons throughout Oklahoma.
“The Universal Aryan Brotherhood operated a lucrative criminal organization from within Oklahoma’s prison walls using contraband cell phones,” said U.S. Attorney Trent Shores. “The tools of their trade were hate, fear, affliction, and violence. This RICO prosecution seeks to dismantle their criminal operation. Justice is coming.”
“Sending someone to prison should protect the public from danger,” said Assistant Attorney General Beth Williams of the Department of Justice’s Office of Legal Policy. “But as this indictment illustrates, the danger to the public from contraband cell phones in prisons is real. The Department is committed to working with our state and local partners, including state and local prisons, to thwart the use of contraband cell phones in prisons.”
Key players allegedly involved in UAB operations, include six inmates imprisoned in the Oklahoma State Penitentiary at McAlester—Mathew D. Abrego, 33; Christopher K. Baldwin, 39; Jeremy C. Anderson, 31; Johnny R. Jameson, 36; Robert W. Zeidler, 45; and James C. Taylor, 52. The men are alleged to have used contraband cell phones to communicate and further their enterprise. UAB conspirators also used social media and “kites” to carry out their operations.
As part of their operations, UAB members and associates are alleged to have participated in a significant and widespread methamphetamine distribution scheme directed by incarcerated UAB leaders using the cell phones. The United States alleges members laundered hundreds of thousands of dollars in illegal drug proceeds for the benefit of the UAB enterprise, using cash transfers, stored value cards, PayPal, and Walmart money transfers. Investigators from the IRS Criminal Investigation (IRS-CI) helped trace the money trail.
“IRS Criminal Investigation is committed to using our financial expertise to unravel complex money laundering transactions and shed light on the profits of criminal organizations,” said Tamera Cantu, IRS-CI special agent in charge of the Dallas Field Office. “Criminal organizations such as these need money to achieve their objectives. This joint effort demonstrates our resolve to investigate financial offenses that fuel their unspeakable crimes.”
“This indictment following an extensive federal investigation accuses 18 UAB members of nine murders, car-jackings, kidnappings and other very serious charges,” said Katrina W. Berger, special agent in charge of HSI Dallas. “Homeland Security Investigations is committed to combatting these violent criminal organizations within our communities.”
The indictment alleges that nine individuals were murdered as part of the UAB’s racketeering operations, often upon the orders of the Main Council, the highest governing body of the UAB. Several victims include inmate Donald Jones who was stabbed to death in 2005 at the Oklahoma State Reformatory in retaliation against African American inmates, and Blake Ford and James Mask who were both murdered allegedly on orders from the UAB.
On May 31, 2011, Sufeng He, a 24- year-old student attending the University of Tulsa, was shot and killed during an attempted carjacking committed by a UAB member running from Tulsa police officers. Jason Harris was later murdered in Tulsa by UAB members during a kidnapping and robbery in 2017.
According to court documents, multiple kidnappings were also ordered in an effort to leverage and expand the UAB’s power and operations throughout Oklahoma. Members and associates of the enterprise used kidnapping as a way to enforce discipline, recoup drugs and other debts, and to ensure the individuals were not cooperating with law enforcement.
Four suspects were apprehended Monday and Tuesday in Tulsa, while seven others have been transferred from Oklahoma Department of Corrections at McAlester. The remainder have been arrested or are in the custody of Department of Corrections or Federal Bureau of Prisons facilities.
The UAB was established in 1993 within the Oklahoma Department of Corrections and modeled itself after the principles and ideology of the Aryan Brotherhood, a California-based prison gang that formed in the 1960s.
HSI and IRS-CI led the investigation with assistance from the Tulsa County Sheriff’s Office, the Oklahoma Department of Corrections, the Tulsa and Enid Police Departments, the Oklahoma Bureau of Narcotics (OBN), the U.S. Marshals Service, and the Bureau of Alcohol, Tobacco and Firearms (ATF). Assistant U.S. Attorney Dennis A. Fries is prosecuting this case.
An indictment is merely an accusation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. This indictment, returned by a federal grand jury on Dec. 7, 2018, was unsealed on Feb. 20, 2019.
20 February 2019
“Lazy Lion” Marijuana Business Owners Guilty of Failing to Pay over $3,000,000 in Federal TaxesRead the Press Release
DENVER – Andrew C. Poarch, age 31, of Colorado Springs, Colorado, pled guilty February 13, 2019 in front of U.S. District Court Judge Robert E. Blackburn to filing a false federal income tax return, announced U.S. Attorney Jason R. Dunn and Internal Revenue Service – Criminal Investigation Special Agent in Charge Steven Osborne. Poarch was charged by Information on December 20, 2018 and is scheduled to be sentenced on May 22, 2019.
According to information contained in the information and plea agreement, Poarch and his wife opened a marijuana business in Colorado Springs in approximately January of 2013. During the time from January 2013 through August of 2016, the couple owned, operated and managed the business, named “The Lazy Lion.” Customers could go to the store and join a private club by signing a customer agreement. The Lazy Lion member agreement allowed for members to visit the business and acquire marijuana for a set price. The fee structure for the business included a one-time initial membership fee, an entry fee for each subsequent visit, and a set fee for each purchase of marijuana. The Lazy Lion was never registered as a recreational dispensary within the State of Colorado.
The Lazy Lion obtained its supply of marijuana from a series of grow operations which cultivated and prepared the marijuana for distribution at various warehouses located in the Colorado Springs area. Poarch and his wife owned and controlled the growing operations. Once the marijuana was received at The Lazy Lion, customers could enter the business, purchase marijuana, and if desired, consume the marijuana on the premises.
The Lazy Lion was a cash only business. The Lazy Lion maintained an ATM within the dispensary, which allowed members to obtain cash within the premises.
The Lazy Lion generated substantial profits during the course of its operations. In order to track its cash revenues, the company used a point of sale program that recorded the receipt of all cash funds collected from customers at the business. Records from the point of sale system were collected and analyzed during the investigation of the business and it was determined that during the period of the scheme, the gross revenues for the business approximated $10,792,320. Federal agents then determined the business expenses and the income.
On or about September 29, 2015, Poarch and his wife signed a Form 1040, Individual Income Tax Return, signed under penalties of perjury, and represented that, to the best of their knowledge, the information contained in the return was true, correct, and complete. Among other information, the 2014 tax return stated that their adjusted gross income was $19,294 and that they were due a refund from the IRS. In fact, Poarch was aware that their adjusted gross income was approximately $2,807,761 and the couple owed the IRS tax of $1,061,485.
The parties failed to file personal income tax returns for the 2015 and 2016 tax years. Their net income for the 2015 tax year was $4,187,449. Their net income for the 2016 tax year was $1,325,575.
As a result of the conduct, Poarch and his wife failed to pay the IRS a total of $3,126,245 in taxes due and owing.
This case was investigated by the Internal Revenue Service – Criminal Investigation and the FBI Safe Streets Task Force in Colorado Springs.
This case is being prosecuted by Assistant U.S. Attorney Tim Neff.
Wisconsin Resident Involved in Nigerian Identity Theft and Tax Fraud Scheme Sentenced to Federal PrisonRead the Press Release
EUGENE, Ore. – Curtis Sherman Pethley, 62, a resident of Wisconsin, was sentenced today to 57 months in federal prison and ordered to pay more than $440,000 for his role in a nationwide conspiracy to commit mail fraud and aggravated identity theft.
According to court documents, IRS-Criminal Investigation began a lengthy investigation into the fraud scheme when, in May 2013, a victim in Medford, Oregon notified the IRS that false federal and Oregon state tax returns were filed electronically using her and her husband’s personal identifying information including their social security numbers and dates of birth.
IRS determined the scheme required co-conspirators to amass a large supply of stolen U.S. taxpayer identities; obtain IRS filing PINs using victim identities; acquire prepaid debit cards in victims’ names; use fictitious email addresses; file fraudulent tax returns and conceal refund proceeds by wiring cash to Nigeria. Fraudulent tax returns were filed using the identities of thousands of Oregon and Washington taxpayers. In total, the scheme lasted several years and netted co-conspirators more than $11.6 million in fraudulent tax returns.
Pethley, working along with his Nigerian contact, acquired numerous debit cards for use in the scheme including the card connected with the Medford, Oregon victim. He helped his Nigerian contact by providing information about the preparation of federal income tax returns including how to calculate withholdings on a W-2 form. Pethley withdrew fraudulent tax refunds from the prepaid debit cards and, after taking his 10 to 20 percent cut of the proceeds, wired the money to Nigeria. In addition, he used refund proceeds to purchase merchandise and money orders and sent them to co-conspirators throughout the U.S. as instructed.
When IRS agents executed a search warrant on Pethley’s residence, they discovered approximately 150 prepaid debit cards and seized numerous money orders totaling nearly $50,000.
Pethley previously pleaded guilty to three counts of mail fraud, conspiracy to commit mail fraud and aggravated identity theft on August 27, 2018. He is currently serving a separate 60-month federal prison sentence for distributing child pornography in a case from the Western
District of Wisconsin. The Court ordered that 37 months of Pethley’s Oregon sentence should run consecutively to the sentence he is currently serving.
This case results from a joint investigation by IRS-Criminal Investigation, the U.S. Department of Health and Human Services Office of Inspector General, the Federal Bureau of Investigation, and Homeland Security Investigations with support provided by the Department of Treasury, Inspector General for Tax Administration, the U.S. State Department, and the Oregon Department of Revenue Policy and Systems Unit and was prosecuted by Byron Chatfield and Gavin Bruce, Assistant U.S. Attorneys for the District of Oregon.
Wilmington Man Sentenced After Illegally Stockpilling Firearms Despite Mental Health HistoryRead the Press Release
RALEIGH — The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, United States District Judge James C. Dever, III, sentenced Hasan Eminof, 20, of Wilmington to 36 months’ imprisonment, followed by 3 years of supervised release. On November 19, 2018, EMINOF pled guilty to a three-count Indictment, charging two counts of making a false statement to a licensed firearm dealer and one count of possession of a firearm by a person who had been adjudicated mentally defective or committed to a mental institution.
The investigation revealed that on April 14, 2015, the Brunswick County District Court ordered that EMINOF be involuntarily committed to a mental institution for a period of 15 days due to mental illness and being a danger to himself. Following a review at the end of that period, he was committed for an additional 15 days. In addition, on January 22, 2016, the Wayne County District Court in Goldsboro, North Carolina, ordered that EMINOF be involuntarily committed to a mental facility for 30 days based on his being mentally ill and a danger to himself and others. This mental health history rendered EMINOF ineligible to possess firearms.
EMINOF, nonetheless, tried to purchase firearms on at least three occasions from June to October of 2016. In particular, on June 8, 2016, EMINOF attempted to purchase an AR-15 rifle at Backwater Guns in Wilmington, and on July 21, 2016, he attempted to purchase a “long gun” at Bullzeye Shooting, also in Wilmington. Both times, EMINOF completed the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Form 4473, the over the counter firearm transaction record. Question 11.f of the form asked, “Have you ever been adjudicated as a mental defective OR have you ever been committed to a mental institution?” In both instances, contrary to his history, EMINOF checked the “No” box and signed the form, indicating that all his answers were true, correct, and complete. Despite the misrepresentations, the background checks correctly determined that he was a prohibited person, and the firearms dealers declined to make the sales.
Still, on March 4, 2018, EMINOF was found to be in possession of multiple firearms. That day, EMINOF was on state probation, and his probation officers conducted a warrantless search of his Wilmington residence. When they arrived, they found EMINOF sitting in his parked car, which smelled of marijuana. Searching the car, the officers found not only a small amount of marijuana but also a stockpile of firearms – four handguns, a pistol-grip shotgun, and a rifle. Four of the firearms were loaded, and officers also seized additional loaded magazines for the handguns as well as loose ammunition for the shotgun and rifle. In addition to the firearms and ammunition, officers recovered from the car four knives, a brass knuckles Taser device, six cell phones, and a full-head goblin mask.
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. Since 2017 the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The case is being investigated by the Federal Bureau of Investigation and the New Hanover County Sheriff’s Office. Assistant United States Attorney Jake D. Pugh is prosecuting the case for the government.
Walnut Grove Man Pleads Guilty to Illegally Possessing a GunRead the Press Release
Jackson, Miss. – Matthew J. Underwood, 45, of Walnut Grove, pled guilty today before U.S. District Judge Carlton Reeves to being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On August 7, 2018, officers were conducting a residence check of Underwood’s home when they discovered a loaded 12 gauge shotgun and a box of 12 gauge shotgun shells. Underwood had previously been convicted of assaulting, resisting, or impeding an officer by use of a firearm and for being a convicted felon in possession of a firearm twice. He was on parole for a Scott County conviction when the instant offense occurred.
Underwood will be sentenced on May 22, 2019, at 9:00 a.m. before Judge Reeves, and faces a maximum penalty of ten years in prison and a $250,000 fine.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Sebastopol Police Department, the Mississippi Department of Corrections, and the Leake County Sheriff’s Department. It is being prosecuted by Assistant United States Attorney Kimberly T. Purdie.