Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Thursday 13 December 2018
Broken Bow Man Pleads Guilty to Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Thomas Christopher Joseph, age 51, of Broken Bow, Oklahoma, entered a guilty plea to Felon In Possession Of Firearm, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) and 924(e), punishable by not more than 10 years imprisonment, up to a $250,000.00 fine, or both. However, if the court deems the defendant to be an Armed Career Criminal, the offense is punishable by not less than 15 years imprisonment.
The Indictment alleged that on or about January 8, 2018, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, to-wit: One (1) SCCY, Model CPX-1, 9mm semi-automatic pistol, serial number 247149, which had been shipped and transported in interstate commerce,
The charges arose from an investigation by the Broken Bow Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Dean Burris represented the United States.
Bridgeport Woman Admits Role in Medicaid Fraud SchemeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that TOSHIREA JACKSON, 49, of Bridgeport, waived her right to be indicted and pleaded guilty today before U.S. District Judge Victor A. Bolden in Bridgeport to one count of health care fraud.
According to court documents and statements made in court, beginning in January 2012, Jackson and Juliet Jacob operated two businesses, Transitional Development And Training (TDAT), and It Takes A Promise (ITAP), both located at 360 Fairfield Avenue in Bridgeport, which provided social and psychotherapy services. The investigation revealed that Jackson and Jacob used ITAP and TDAT to bill Medicaid for psychotherapy services that were never provided. As part of their scheme, Jackson and Jacob used the Medicaid provider numbers of two licensed health care providers who had neither rendered nor supervised any of the psychotherapy services that Jackson and Jacob billed to Medicaid. Jackson, and the two licensed providers, were employees of the Connecticut Department of Mental Health and Addiction Services (DMHAS). The two providers did not authorize Jackson or Jacob to obtain provider numbers for them at TDAT or ITAP, and were not aware that TDAT or ITAP were billing Medicaid as if the providers had personally rendered the psychotherapy services.
The investigation further revealed that, in March 2012, Nikkita Chesney, who was employed by a health care provider that provided substance abuse treatment, including a detoxification program in Bridgeport, began to steal the personal identification information of Medicaid clients who were patients of her employer. The personal identifying information included the patients’ Medicaid identification number, Social Security Numbers and dates of birth. Jackson, Jacob, and Chesney then used the stolen identity information to bill Medicaid for psychotherapy services purportedly provided by TDAT and ITAP, when the Medicaid clients had never received any such services from TDAT or ITAP.
In pleading guilty, Jackson admitted that the scheme involved stealing the identity of more than 150 Medicaid clients, and that she and her co-conspirators successfully billed Medicaid for approximately half of those clients. Jackson further admitted that she and her co-conspirators also billed Medicaid for services to other clients that were never provided to those clients.
When she is sentenced, Jackson faces a maximum term of imprisonment of 10 years. She also has agreed to a restitution order of $2,496,618. A sentencing date is not scheduled.
Jackson is released on a $25,000 bond pending sentencing.
On October 18, 2018, Jacob pleaded guilty to one count of health care fraud for her role in this scheme and a separate Medicaid fraud scheme. October 23, 2018, Chesney pleaded guilty to one count of health care fraud and one count of aggravated identity theft. Both await sentencing.
Five other individuals have been charged and convicted of health care fraud offenses as a result of this and related investigations.
This matter is being prosecuted by Assistant U.S. Attorney David J. Sheldon and Auditor Susan Spiegel.
This case is being jointly investigated by the Office of the Inspector General of the U.S. Department of Health and Human Services and the Medicaid Fraud Control Unit of the Chief State’s Attorney’s Office and the Federal Bureau of Investigation, with assistance from the Connecticut Attorney General’s Office. U.S. Attorney Durham thanked the Connecticut Department of Social Services for their role in identifying the fraudulent scheme and supporting the investigation and prosecution of the case.
The U.S. Attorney’s Office, Chief State’s Attorney’s Office and Attorney General’s Office meet regularly as part of The Medicaid Fraud Working Group. The Working Group also includes representatives from the Connecticut Department of Social Services; the Connecticut Department of Public Health; the Drug Control Division of the Connecticut Department of Consumer Protection; the Office of the Inspector General of the U.S. Department of Health and Human Services, and the FBI. The Working Group reviews pending issues and cases, identifies trends that might indicate fraudulent activity, and coordinates efforts for maximum results.
People who suspect health care fraud are encouraged to report it by calling 1-800-HHS-TIPS.
Bell Garden Locos Street Gang Member Sentenced to 18 Months in Federal Prison for Unlawfully Possessing a FirearmRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Lukes Lorenzo Herrera, age 21, of Grandview, Washington, was sentenced today after having pleaded guilty on September 13, 2018, to being a felon in possession of a firearm. Senior United States District Judge Lonny R. Suko sentenced Herrera to an 18-month term of imprisonment, to be followed by a 3-year term of court supervision after he is released from federal prison.
According to information disclosed during court proceedings, on April 17, 2018, a Sunnyside Police officer stopped the vehicle Herrera, a documented Bell Garden Locos street gang member, was operating. After learning that Herrera’s driving privileges were suspended, the officer placed Herrera under arrest. While preparing to tow the vehicle, officers observed shotgun shells on the passenger floorboard and a handgun on the back seat. After obtaining a warrant to search the vehicle, officers seized a loaded Herman Weihrauch (“HMW”) .38 Special Revolver, shotgun shells, and 9mm ammunition. Herrera is a convicted felon who is prohibited from possessing firearms and ammunition.
Joseph H. Harrington said, “Convicted felons have no right to possess firearms and ammunition. If someone chooses to violate federal law, they will be prosecuted. I commend the outstanding work of the FBI, ATF, and Sunnyside Police Department in investigating this case.”
This case was prosecuted under the Project Safe Neighborhoods (PSN) program. PSN is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. The U.S. Attorney’s Office is partnering with federal, state, local, and tribal law enforcement to specifically identify the criminals responsible for violent crime in the Eastern District of Washington and pursue criminal prosecution.
This case was investigated by the Yakima Resident Offices of the Federal Bureau of Investigation and Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Sunnyside Police Department. This case was prosecuted by Patrick J. Cashman an Assistant United States Attorney for the Eastern District of Washington.
Armed Felon Sentenced to More Than 5 Years in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ADRIAN BELLE, also known as “A.B.,” 24, of New Haven, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 65 months of imprisonment, followed by three years of supervised release, for illegally possessing a firearm.
According to court documents and statements made in court, on March 18, 2018, Belle was the passenger in a vehicle stopped by New Haven Police officers. When the officers asked Belle to step out of the vehicle, he reached into the center console, exited the vehicle and then began to flee on foot. Officers observed Belle throw an object during the pursuit. Once Belle was stopped and secured in handcuffs, officers located a Smith and Wesson .380 Caliber firearm with an obliterated serial number in Belle’s front right jacket pocket. Officers also retrieved a loaded firearm magazine that Belle had thrown while running.
Belle’s criminal history includes a conviction in October 2014 for robbery in the first degree. During the robbery, Belle pointed a loaded firearm at a victim. In August 2011, Belle was convicted of three counts of assault on personnel.
Belle has been detained since his arrest. On September 17, 2018, he pleaded guilty to one count of possession of a firearm by a convicted felon.
This matter was investigated by the Bureau of Alcohol, Firearms, Tobacco and Explosives, and the New Haven Police Department. The case was prosecuted by Assistant U.S. Attorneys Peter D. Markle, Jocelyn Courtney Kaoutzanis and Nathaniel J. Gentile.
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 neighborhoods safer for everyone.
Anne Arundel County Restaurant Owner Pleads Guilty to Stalking His Estranged WifeRead the Press Release
Baltimore, Maryland – Khalil Ahmad, age 51, of Hanover, Maryland, pleaded guilty on December 12, 2018, to stalking his estranged wife. Ahmad admitted that he solicited another individual to have his wife killed after he violated protective orders she had obtained against him, but that he ultimately paid that individual to set her up to appear to be a terrorist and have her arrested instead. Ahmad further admitted that he paid the same individual to burn down the restaurant Ahmad owned in order for him to collect the insurance.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; and Anne Arundel County Police Chief Tim Altomare.
According to his plea agreement, Ahmad and the victim were married in July 2015. Before and after their marriage, the victim lived in Howard County, Maryland, and Ahmad lived separately in Anne Arundel County, Maryland. During their marriage, Ahmad threatened to kill the victim using a firearm. In April 2018, the victim informed Ahmad that she wanted a divorce.
On April 24, 2018, Ahmad threatened to kill himself. He drove to the victim’s residence, and in the presence of the victim and her children, poured gasoline over his body. Ahmad then produced a lighter and threatened to light himself on fire if the victim did not take him back.
The next day, the victim obtained a temporary protective order in Howard County against Ahmad, which was served on April 25, 2018, and was effective through May 8, 2018. Ahmad violated the order by contacting the victim by mobile phone on April 29, and May 27, 2018, in Howard County. Ahmad also violated the order on April 30, 2018, by contacting the victim by mobile phone and by following the victim’s vehicle as she drove in Prince George’s County. Criminal summonses were issued in Howard County (two counts) and in Prince George’s County (three counts) for violating a protective order.
To further harass the victim and put her in fear of her life, Ahmad also contacted the victim’s relatives, members of her religious community, and her ex-husband, and advised them that the victim was not a good person and that she was having a romantic relationship with another man; threatened to have the victim’s brother killed in Pakistan; and threatened to have the victim killed if she returned to Pakistan, causing the victim to be afraid to visit her family in Pakistan.
On May 8, 2018, the victim obtained a Final Protective Order from the Circuit Court for Howard County that remains in effect through May 7, 2019. The order directed Ahmad not to: abuse or threaten to abuse the victim; contact, attempt to contact, or harass the victim in person, in writing, or by any other means; or enter the residence of the victim. In addition, the order required Ahmad to stay away from the victim’s place of employment.
Ahmad admitted that beginning in May 2018, he solicited an individual (CW) to harass the victim. CW and Ahmad met several times, during which Ahmad expressed a desire to have his wife murdered. Ahmad subsequently decided to have the victim framed so that she would be arrested as a terrorist because she is from a Middle Eastern country. The plan was to place a ballistic vest, firearm, bottles of alcohol, and extremist jihad writings in her possession, without her knowledge, and then notify law enforcement to have her arrested.
On May 10, 2018, following several discussions with Ahmad, CW reported Ahmad’s plan to law enforcement. Thereafter, at the direction of and/or in the presence of law enforcement, CW’s calls and meetings with Ahmad were recorded. Ahmad gave CW a total of $5,000 in cash over two separate meetings, as a down payment to have the victim set up to appear to be a terrorist. Ahmad also provided CW with a photo of the victim, her address, phone numbers, and the last two digits of her Maryland license plate number. Ahmad made numerous statements to CW that he wanted the victim arrested prior to his June 21 court date in Prince George’s County for violating the protective order. If the victim were arrested, she could not testify, which would result in the court cases being dismissed.
The recorded calls and meetings reflect that Ahmad also wanted CW to commit an arson at Ahmad’s business (Allah Rakha Restaurant) so that Ahmad could collect the insurance payout from the fire. Ahmad advised CW that he recently had raised the amount of insurance on the restaurant by approximately $200,000. During one of their meetings, CW and Ahmad walked into the kitchen area of the restaurant to view the hot water heater and gas line, and discussed how CW would set the business on fire to make it look like an accident.
On June 5, 2018, investigators staged a scene involving what appeared to be Anne Arundel County Police Department (AAPD) uniformed police officers and detectives searching the victim’s vehicle on the side of a road. Photographs were taken of the victim’s vehicle and provided to CW who then went to meet with Ahmad. CW showed Ahmad the staged photographs and told Ahmad that it was done. Ahmad told CW that he would pay $2,000 that day, but would pay the remaining $7,000 once Ahmad could verify that the victim had actually been arrested. Ahmad then drove to a bank, withdrew $2,000 in cash, and handed the money to CW.
Later that same day, AAPD and FBI investigators went to Ahmad’s residence to conduct a ruse, informing Ahmad that his wife had been arrested and asking Ahmad if investigators could talk to him about his wife. Ahmad told investigators that his wife had filed a protective order against him and retrieved the file he had in his home. Ahmad said that he had overheard his wife on the phone at night taking classes about terrorism over the phone and that his wife had attended a terrorist training camp. Ahmad agreed to meet with investigators at AAPD to talk more about his wife, her activities, and her possible associates. At the meeting at AAPD, an FBI Urdu-speaking linguist was present for the interview. Ahmad was provided his Miranda warnings and the FBI linguist translated for Ahmad. Ahmad spoke to investigators at length about his wife. Investigators then confronted Ahmad with recorded video of one of his meetings with CW, during which the two discussed the plot to kill his wife, the plan to set her up to look like a terrorist, and the scheme to burn down his restaurant. Ahmad stated that he wanted CW to make things hard for his wife and to engage in a romantic relationship with her. Ahmad falsely told investigators that the plot to kill his wife, to set her up to look like a terrorist, and the plan to burn down his restaurant were all CW’s ideas.
As a result of his guilty plea to the federal stalking charge, the Anne Arundel County, Howard County, and Prince George’s County State’s Attorney’s Offices have agreed to dismiss their pending cases against Ahmad.
Ahmad faces a maximum sentence of five years in prison for stalking and is subject to removal from the United States upon completion of his sentence. U.S. District Judge Richard D. Bennett has scheduled sentencing for March 12, 2019.
United States Attorney Robert K. Hur commended the FBI and Anne Arundel County Police Department for their work in the investigation and thanked the Howard County Police Department, the Anne Arundel County State’s Attorney Wes Adams; Howard County State’s Attorney Dario Broccolino and Prince George’s County State’s Attorney Aisha Braveboy for their assistance in this prosecution. Mr. Hur thanked Assistant U.S. Attorneys Paul E. Budlow and Sandra Wilkinson, who are prosecuting the case.
# # #
Akron man sentenced to 12 years in prison for armed robbery of Dollar GeneralRead the Press Release
An Akron man was sentenced to 12 years in prison for the armed robbery of a Dollar General.
Deonte Griffin, 29, was sentenced to 144 months in prison by U.S. District Judge Donald C. Nugent. Griffin previously pleaded guilty to Hobbs Act robbery, use of a firearm in relation to a crime of violence and being a felon in possession of a firearm.
Griffin used a firearm to rob the Dollar General at 901 Copley Road in Akron on August 30, 2017, according to court documents.
Griffin possessed a .25-caliber pistol and ammunition despite a previous conviction for aggravated robbery which made it illegal for him to have a firearm, according to court documents.
This case is part of Project Safe Neighborhoods, 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. PSN was reinvigorated in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
It was prosecuted by Assistant U.S. Attorney Henry F. DeBaggis following an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Akron Police Department.
Activity in the United States Attorney's OfficeRead the Press Release
Chief Federal District Court Judge Scott W. Skavdahl sentenced DIEUDLET JEAN-LOUIS, 25, of Miami, Florida on December 12, 2018 for access device fraud conspiracy. Jean-Louis was arrested in Northwood, Massachusetts. He received twelve months and one day of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay restitution in the amount of $164,627.00. The Wyoming Division of Criminal Investigation and the US Secret Service investigated this case.
Federal District Court Judge Nancy D. Freudenthal sentenced SAMUEL OLIVIER-BRAVO, 37, of Mexico on December 10, 2018 for illegal re-entry of a previously deported alien into the United States. Olivier-Bravo was arrested in Cheyenne, Wyoming. He received time served plus ten days to allow for deportation proceedings and ordered to pay a $100.00 special assessment. The US Department of Homeland Security Investigations investigated this case.
Federal District Court Judge Alan B. Johnson sentenced ERIC JEFFERY REAM, Jr., 36, of Cheyenne, Wyoming on December 11, 2018 for simple possession of methamphetamine, and felon and unlawful user of a controlled substance in possession of a firearm. Eric Ream Jr. was arrested in Cheyenne, Wyoming. He received forty-one months of imprisonment, to be followed by thirty-six months of supervised release. The Cheyenne Police Department investigated this case.
Wednesday 12 December 2018
Wyoming County Man Charged with Child Exploitation CrimesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Sean Michael Fryer, age 37, of Factoryville, Pennsylvania was indicted yesterday by a federal grand jury for multiple child exploitation crimes.
According to United States Attorney David J. Freed, the indictment alleges that Fryer used the internet and a cellular device to coerce a minor to produce child pornography and to engage in sexual conduct. The indictment further alleges that Fryer received, distributed and possessed material in the form of visual depictions involving the use of minors engaging in sexually explicit conduct.
The charges stem from an investigation conducted by the Federal Bureau of Investigation (FBI) – Philadelphia Division. Assistant United States Attorney Michelle Olshefski is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Wilkinsburg Man Sentenced to 7 Years in Prison for Cocaine Trafficking ConspiracyRead the Press Release
PITTSBURGH - A resident of Wilkinsburg, Pennsylvania, has been sentenced in federal court to seven years’ imprisonment followed by four years supervised release on his conviction of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
United States District Judge Arthur J. Schwab imposed the sentence on Landriff Macklin, 40.
According to information presented to the court, from in and around September 2016, and continuing thereafter to on or about November 30, 2017, Macklin conspired with others to distribute and possess with intent to distribute more than 500 grams or more of cocaine.
Assistant United States Attorneys Rebecca L. Silinski and Jerome A. Moschetta prosecuted this case on behalf of the government.
United States Attorney Brady commended the federally administered Organized Crime and Drug Enforcement Task Force (OCDETF) for the investigation leading to the successful prosecution of Landriff Macklin. The task force is headed by the Drug Enforcement Administration and is comprised of members drawn from the Borough of Baldwin Police Department, McKees Rocks Police Department, Munhall Police Department, Allegheny County Sheriff’s Office, Pittsburgh Bureau of Police, and the Pennsylvania State Police. The Stowe Township Police Department also provided assistance in this investigation. 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.
Walmart Bandit Pleads GuiltyRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that TERRY MADISON, age 22, pleaded guilty yesterday to committing robbery of a Walmart Money Center located in Hammond, Louisiana, on April 14, 2018.
MADISON admitted that he entered the Walmart and passed a demand note to the cashier in the Walmart Money Center, and also reached into his waistband, implying that he was armed with a firearm. The teller complied with the demand, and MADISON escaped with over $3,000 in cash.
MADISON will be sentenced in this case by U.S. District Judge Jay C. Zainey on March 12, 2019 and faces a maximum sentence of 20 years in the Bureau of Prisons, three years of Supervised Release, a $250,000 fine, and a mandatory $100 special assessment.
U.S. Attorney Peter G. Strasser praised the hard work of the Special Agents of the Federal Bureau of Investigation’s Violent Crime Unit and the Hammond Police Department in investigating this matter. Assistant United States Attorney Myles Ranier was in charge of the prosecution.
* * *
Venezuelan and Argentinean Men Apprehended Off of St. John Sentenced to 52 days for Illegal EntryRead the Press Release
St. Thomas, USVI – Dionis Luiz Gomez, 31, of Venezuela and Roman Perez Hernandez, 34, of Argentina was sentenced today to 52 days for illegal entry, announced United States Attorney Gretchen C.F. Shappert. Magistrate Judge Ruth Miller also ordered Gomez and Hernandez to each pay a $10 special assessment.
According to court documents, on October 21, 2018 at approximately 9:00 p.m., agents of the United States Customs and Border Protection Air and Marine Operations were patrolling the coastline of St. John near Haulover Bay, USVI when they encountered a Virgin Islands registered vessel with no running lights illuminated. Upon further inspection, the agents determined that there were five males onboard, including defendants Gomez and Hernandez. The vessel was on course to an area that is not a port of entry authorized by the United States Department of Homeland Security.
Following his apprehension by federal law enforcement, defendant Gomez was read his Miranda Rights in Spanish language and waived his rights both verbally and in writing. He stated that he had arrived in Tortola, BVI on September 27, 2018.
Neither Gomez nor Hernandez were U.S. citizens, but were nationals of Venezuela and Argentina, respectively. Gomez and Hernandez did not have permission to enter the United States and the area where the boat was stopped was not a designated port of entry.
The case was investigated by Homeland Security Investigations (HSI) and U.S. Customs and Border Protection Air and Marine Unit and prosecuted by Assistant United States Attorney Sigrid M. Tejo-Sprotte.
VA Medical Center Nurse Pleads Guilty for Stealing NarcoticsRead the Press Release
DENVER – Erick Lee Tombre, age 46, of Denver, a registered nurse in the State of Colorado, pled guilty today for acquiring and attempting to obtain controlled substances, including hydromorphone, by deception and subterfuge, U.S. Attorney Jason R. Dunn and Veterans Affairs Special Agent in Charge of the Office of Inspector General Gregg Hirstein announced. The guilty plea was tendered before Senior U.S. District Court Judge Robert E. Blackburn.
Tombre was first charged by Information on November 9, 2018. He pled guilty today, December 12, 2018. He is free on bond, and will be sentenced by Judge Blackburn on April 2, 2018.
According to the stipulated facts contained in the plea agreement, Tombre, who obtained his license as a registered nurse in the State of Colorado in April 2012, started work at the Denver Veterans Affairs Medical Center (VAMC) in January 2014. As a nurse, the defendant had access to an automated system that dispensed controlled substances. The system requires an individual to log-in to withdraw drugs and documents all transactions. Drugs are to be withdrawn only for patient administration based on a doctor’s orders.
Tombre’s diversion was initially uncovered by a VAMC controlled substance transaction audit in February 2017. That audit showed unusual and unaccounted for controlled substance withdrawals, including for example, the defendant’s withdrawal of hydromorphone for the same patient three times in one hour, documenting only one of the three doses as being administered to the patient. The audit also determined that Tombre withdrew more than twice the amount of fentanyl than the next highest health care provider in his until. He had the highest withdrawal of any provider for hydromorphone 2 mg syringes.
During the investigation, Tombre admitted that he had diverted controlled substances for “a couple of years” and most frequently took and used hydromorphone but also took and used fentanyl. He stated he would steal the drugs by drawing up into a syringe the “waste” remaining after patient administration. He would “waste”, or discard, saline instead of the drug and keep the extra drug he diverted. Tombre stated that on an average shift he would waste saline and take home one or two half-full syringes.
The investigation revealed no evidence of patient harm.
Tombre faces not more than 4 years imprisonment, and a fine of up to $250,000. This case was investigated by the VA Office of Inspector General, and was prosecuted by Assistant U.S. Attorney Anna Edgar.
Upshur County man sentenced to 15 years for his role in a methamphetamine distribution operationRead the Press Release
ELKINS, WEST VIRGINIA – Thunderbolt Dean Whaley, of French Creek, West Virginia, was sentenced today to 180 months incarceration for distributing methamphetamine and a firearms charge, United States Attorney Bill Powell announced.
Whaley, age 41, pled guilty to one count of “Conspiracy to Distribute More than 50 grams of Methamphetamine,” and one count of “Carrying a Firearm During a Drug Trafficking Crime” in January 2018. He admitted to conspiring with others in distributing methamphetamines in Upshur County and elsewhere from March 2016 to September 2017. Whaley also admitted to carrying a .38 special revolver during a drug crime in Lewis County in July 2017.
This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Bureau of Alcohol, Firearms, Tobacco and Explosives, The Mountain Region Drug & Violent Crime Task Force, the Greater Harrison Drug &Violent Crime Task Force, a HIDTA-funded initiative, the West Virginia State Police, Upshur County Sheriff’s Office, Lewis County Sheriff’s Office, the Buckhannon Police Department, and the Weston Police Department investigated.
The investigation was funded 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. District Judge John Preston Bailey presided.
Upshur County man sentenced for drug chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Marlin E. Beckner, of Buckhannon, West Virginia, was sentenced today to 63 months incarceration for methamphetamine distribution charge, United States Attorney Bill Powell announced.
Beckner, age 44, pled guilty to one count of “Possession with Intent to Distribute Methamphetamine” in August 2018. Beckner admitted to possessing crystal methamphetamine, also known as ice, in September 2017 in Upshur County.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Bureau of Alcohol, Firearms, Tobacco and Explosives; the Mountain Region Drug & Violent Crime Task Force; the Greater Harrison Drug &Violent Crime Task Force, a HIDTA-funded initiative; the West Virginia State Police; Upshur County Sheriff’s Office; Lewis County Sheriff’s Office; the Buckhannon Police Department; and the Weston Police Department investigated.
The investigation was funded 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. District Judge John Preston Bailey presided.
United States Attorney Minkler to host third project safe neighborhoods outreach initiativeRead the Press Release
Indianapolis – Josh J. Minkler, United States Attorney, announces the upcoming third roundtable gathering of the Project Safe Neighborhoods (PSN) Outreach Initiative.
When: February 20, 2019 at 2:00 p.m.
Where: Office of the United States Attorney, Southern District of Indiana10 West Market Street, Suite 2100, Indianapolis, IN 46204
The United States Attorney’s Office, Southern District of Indiana (USAO, SDIN) is committed to proactive steps intended to foster safe neighborhoods and create opportunities to continue implementation of crime prevention strategies.Representatives and leaders from private industry, the faith based community, the criminal justice sector, and grassroots community associations, and interested parties, are cordially invited to attend the third roundtable meeting, during which time conversations and action steps geared toward the reduction of gun violence in the district will be discussed. It is the stated PSN goal that our citizens enjoy safe neighborhoods and economic empowerment by engaging in both prevention activities and enforcement to hold gun-toting felons responsible for federal violations of law. Illustratively, the USAO, SDIN has prosecuted in excess of 195 cases alleging felons in possession of firearms and/or engaging in violent acts in 2018.
At the November PSN meeting, Jennifer Cameron, mother of JeShon Cameron, shared the story about how gun violence tragically affected her family in July 2018 by stealing the life of young JeShon far before his time. This November meeting was hosted by David McGuire, Principal of Tindley Summit, an extension of the Charles A. Tindley Accelerated School System, who shared stories and action steps educators are engaged in under his leadership.
United States Attorney Minkler thanks all of the law enforcement officers, citizens, community leaders, and activists who help foster this program.
U.S. Attorney and Butte County District Attorney Join Forces to Warn Against Wildfire-Related Disaster FraudRead the Press Release
OROVILLE, Calif. — U.S. Attorney McGregor W. Scott and Butte County District Attorney Michael Ramsey joined forces today to raise public awareness of the potential for fraud in the wake of the Camp Fire. The public is urged to be on guard against fraudulent activity relating to recovery and cleanup operations, fake charities claiming to provide relief for victims, individuals submitting false claims for disaster relief, and any other disaster fraud related activity.
U.S. Attorney Scott stated: “While most people respond to tragic events like the Camp Fire with compassion and generosity, others take advantage of such disasters to fraudulently enrich themselves. I strongly encourage the public to be on the lookout for any fraudulent activity occurring in the aftermath of our state’s most devastating wildfire. With the combined resources of federal and local law enforcement, we will aggressively pursue and prosecute fraud and abuse.”
Butte County District Attorney Michael Ramsey said: “There has been a tremendous outpouring of generosity towards our victims of the Camp Fire. We all know of a friend or family member that was personally affected by this disaster. We cannot allow those with less generous spirits dampen our desire to rebuild our community stronger and better. With the help of our federal partners, we will protect our community from these predators.”
The U.S. Department of Justice established the National Center for Disaster Fraud (NCDF) to investigate, prosecute, and deter fraud in the wake of Hurricane Katrina, when billions of dollars in federal disaster relief poured into the Gulf Coast region. Its mission has expanded to include suspected fraud from any natural or manmade disaster. More than 20 federal, state, and local agencies participate in the NCDF, which allows the center to act as a centralized clearinghouse of information related to disaster relief fraud.
Members of the public are reminded to apply a critical eye and do their due diligence before trusting anyone purporting to be working on behalf of disaster victims, and to be especially cautious of anyone who contacts you seeking personal identifying information or financial information. Members of the public who suspect fraud involving disaster relief efforts, or who believe that they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll free at (866) 720-5721. The telephone line is staffed by a live operator 24 hours a day, 7 days a week. You can also fax information to the Center at (225) 334-4707, or email it to [email protected].
Two Overdose Deaths - Dover Man ChargedRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced that on December 4, 2018, Quaheem Hall of Dover, Delaware, was charged by superseding indictment with distributing fentanyl that resulted in the deaths of two people within a span of five days in January 2017. Hall was also charged with distributing heroin five times between August and September 2017, and possessing heroin in October 2017. The distribution charges that led to the deaths of two individuals carry a mandatory minimum penalty of twenty years each, with a maximum of life imprisonment. The remainder of the drug charges carry a penalty of up to twenty years of imprisonment.
This case exemplifies the dangers presented by fentanyl, which is substantially stronger than heroin and is often mixed with heroin or substituted for heroin. In 2017, more than 72,000 people nationwide died as a result of the opioid epidemic. The victims in this case were two of 345 people to die of overdoses in the State of Delaware in 2017.
U.S. Attorney Weiss said, “Knowingly distributing fentanyl is akin to committing a crime of violence. This office will continue to work with our federal, state, and local law enforcement partners to disrupt the flow of heroin and illegal opioid drugs into our communities.”
This case was investigated by the Drug Enforcement Administration with assistance from the Dover Police Department and the Delaware State Police. Assistant U.S. Attorneys Jennifer K. Welsh and Laura D. Hatcher are prosecuting this case.
A superseding indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Tucker County man sentenced for firearms chargeRead the Press Release
ELKINS, WEST VIRGINIA – Richard Lee Hollobaugh, of Parsons, West Virginia, was sentenced today to 24 months incarceration for a firearms charge, United States Attorney Bill Powell announced.
Hollobaugh, age 33, pled guilty to one count of “Unlawful Possession of a Firearm” in August 2018. Hollobaugh, having previously been convicted of four felonies, admitted to possessing a 9mm pistol in October 2017 in Randolph County.
This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Bureau of Alcohol, Firearms, Tobacco, and Explosives and the Randolph County Sheriff’s Office investigated.
U.S. District Judge John Preston Bailey presided.
Toledo man was charged with making false statements following search of his home and carRead the Press Release
A Toledo man was charged with making false statements.
Vincent S. Armstrong, 23, was charged in U.S. District Court with one count of providing false statements to a law enforcement officer.
The charge was announced by United States Attorney Justin Herdman, FBI Assistant Special Agent in Charge Jeff Fortunato and Toledo Police Chief George Kral.
Armstrong lives with Elizabeth Lecron, who was arrested Monday and charged with one count of transportation of explosives and explosive material for the purposes of harming others and property. Lecron is accused of purchasing black powder and screws that she believed were going to be used to make a bomb as part of a terrorist attack.
According to an affidavit filed in Armstrong’s case:
Armstrong and Lecron flew together in August to visit sights related to the shooting at Columbine High School. During a search of their home that month, law enforcement found an AK-47, shotgun, multiple handguns, ammunition and end caps purchased by Armstrong, which can be used in the manufacture of pipe bombs.
Law enforcement also found journal entries by Lecron and Armstrong discussing a violent attack. On June 8, Armstrong wrote: “Now I have these thoughts…These memories. They haunt me. I have a vision. A vision to kill. To hunt the unwilling...”
On December 10, law enforcement searched the residence Armstrong and Lecron share on Willow Run Drive, as well as their vehicles. The trunk of Armstrong’s vehicle had a duffel bag that contained a tactical vest with two loaded magazines for an AK-47, two loaded magazines for a pistol, a gas mask, printouts of instructions how to construct various bombs, and other items.
In the residence, law enforcement removed a shotgun, a handgun and an AK-47 with the stock removed.
Armstrong was interviewed on December 10. He denied discussing with Lecron plans to launch an attack. He also denied purchasing items that could be used to make a bomb.
The investigation is ongoing.
The Federal Bureau of Investigation’s Joint Terrorism Task Force, which is comprised of members of the FBI, Homeland Security and Investigations, U.S. Customs and Border Protection, Ohio State Highway Patrol and Toledo Police Department, is leading the investigation. They were assisted by the FBI’s office in Denver. The case is being prosecuted by Assistant U.S. Attorney Michael Freeman.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
A charge is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.To Combat Growing Fentanyl Crisis, Maryland U.S. Attorney’s Office Announces New Initiative Partnering with Local Law Enforcement in BaltimoreRead the Press Release
Baltimore, Maryland – The U.S. Attorney’s Office for the District of Maryland today announced a new initiative designed to combat the growing fentanyl overdose crisis in Maryland. According to statistics for 2018, there are projected to be more than 2,000 fentanyl deaths statewide, and in Baltimore alone there are projected to be at least twice as many fatal fentanyl overdoses as homicides. Under this new initiative, every arrest involving distribution of fentanyl made by law enforcement in Baltimore will be reviewed jointly by the State’s Attorney’s Office for Baltimore City, the Drug Enforcement Administration, and the U.S. Attorney’s Office to determine whether the case will be handled in the state or federal system. The U.S. Attorney’s Office will prosecute more cases involving fentanyl as a result of this new program. The use of federal resources and statutes, which carry significant terms of imprisonment, is necessary to prosecute those individuals who pose the greatest threat to public safety in distributing lethal doses of fentanyl.
The program was announced by U.S. Attorney for the District of Maryland Robert K. Hur; State’s Attorney for Baltimore City Marilyn Mosby; Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration, Baltimore District Office; and Interim Commissioner Gary Tuggle of the Baltimore Police Department.
“State and federal law enforcement and prosecutors in Baltimore City are working together to arrest and prosecute those who peddle deadly fentanyl on our streets and in our neighborhoods,” said U.S. Attorney Robert K. Hur. “More and more people are dying from fentanyl overdoses in Baltimore City and throughout the state. We must do everything we can to reduce overdose deaths from this drug and from all opioids.”
Individuals charged federally under this initiative may face substantial minimum mandatory sentences, no parole and no suspended sentences, and sentences are often served in federal prisons far from home. For example, a defendant convicted in federal court of distributing 40 grams of fentanyl, enough to kill 20,000 people (just two milligrams of fentanyl can be fatal), faces at least five years in federal prison. A defendant convicted of distributing 400 grams of fentanyl faces at least 10 years in federal prison, and if the distribution of fentanyl results in death, the defendant faces a minimum mandatory sentence of 20 years in federal prison.
Pursuant to this new federal-state initiative to combat the fentanyl crisis in Maryland, the U.S. Attorney’s Office today unveiled three indictments charging four individuals in federal court. These three inaugural criminal cases targeting dealers of fentanyl are the first to be brought under the new program, with more prosecutions to come. The federal prosecutions are all being investigated by Special Agents with the Drug Enforcement Administration, along with officers from the Baltimore Police Department and other local law enforcement. The following defendants are charged federally with conspiracy and with possession with intent to distribute fentanyl.
Gari Terrell Miller, age 38, of Clinton, Maryland, faces a mandatory minimum of five years and up to 40 years in prison. He is detained pending trial; and
Davon Nelson, age 33, and Terrell Perry, age 34, both of Baltimore, face a maximum of 20 years in prison. They have not yet had their initial appearances in U.S. District Court, but remain detained on related state charges.
Aubrey Heckstall, age 46, of Baltimore, is charged with possession with intent to distribute fentanyl. He faces a maximum of 20 years in prison and has not yet had his initial appearance in U.S. District Court.
The fentanyl program announced today is intended to augment our ongoing opioid reduction strategy. That strategy includes proactive criminal investigations to reach the sources of supply, including those outside Maryland, prosecuting doctors and pharmacists who divert and illegally distribute opioids, as well as public outreach in Maryland communities. A few noteworthy cases and activities are highlighted below.
Proactive Prosecutions Targeting Sources of Supply
On October 24, 2018, a federal grand jury indicted Nevone McCrimmon, age 47, of Edgewood, Maryland; William Elijah, age 51; and Terrance Mobley, age 50, both of Baltimore, Maryland, on the federal charge of conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl. According to their indictment and other court documents, the defendants are high-ranking members of a Baltimore-based drug trafficking organization that imports and distributes heroin, fentanyl, and other drugs in the Baltimore metropolitan area. The defendants allegedly obtained drugs from a Miami-based drug trafficking organization with ties to the Sinaloa and Tijuana Mexican drug cartels. To date, law enforcement has seized 20 kilograms of fentanyl and over $500,000 in U.S. currency. If convicted, the defendants each face a mandatory minimum sentence of 10 years in federal prison and a maximum sentence of life imprisonment.
On November 15, 2018, a federal grand jury indicted Derrell Dixon, age 39, of Columbia, Maryland and Teraino Johnson, age 45, of Baltimore, for conspiracy to distribute fentanyl. Dixon was also charged with possession with intent to distribute fentanyl. If convicted, these defendants face a mandatory minimum sentence of ten years and a maximum of life in federal prison.
Finally, on October 23, 2018, a federal grand jury indicted Narada Michael Walls, age 38, of Salisbury, Maryland, with conspiracy to possess and to distribute fentanyl and fentanyl analogues resulting in death, possession with intent to distribute a fentanyl analogue and marijuana, and importation of a controlled substance, specifically, a fentanyl analogue, from China. Fentanyl analogues are chemical compounds designed to have effects similar to fentanyl and can be just as deadly. In the federal system, the penalties for distribution of analogues are often more severe in an effort to discourage dealers from creating and distributing them illegally. According to his indictment and other court documents, Walls used an assumed name and a fake email address to purchase methoxyacetyl fentanyl directly from suppliers in China. The indictment alleges that Walls’ distribution of the product resulted in at least one death. Walls faces a mandatory minimum of 20 years and a maximum of life in prison
Doctors and Pharmacists
Earlier this week, licensed pharmacist Richard Daniel Hiller, age 64 of Owings Mills, Maryland was sentenced to 40 months in federal prison for conspiracy and for distributing oxycodone, and was ordered to pay a $15,000 fine. Hiller admitted that from 2014 to February 2017, he illegally distributed oxycodone to three women who were addicted to the drug in exchange for sexual favors. Over the course of the conspiracy, Hiller distributed approximately 20,500 15-milligram oxycodone pills.
In another case, David Robinson, age 49, of Baltimore, Maryland, pleaded guilty in October 2018 to a drug conspiracy involving the distribution of oxycodone and alprazolam. Robinson, a licensed pharmacist who owned and operated the Frankford Family Pharmacy, admitted that he dispensed oxycodone and alprazolam outside the scope of professional practice and not for a legitimate medical purpose. Federal search warrants executed at locations associated with Robinson resulted in the seizure of more than $292,000, a loaded 9mm pistol, an AR-15 rifle with a magazine, and several boxes of ammunition. Robinson is scheduled to be sentenced on February 25, 2019.
Public Outreach
In an effort to increase awareness of the danger of fentanyl, fentanyl analogues, and other opioids, the U.S. Attorney’s Office for the District of Maryland and the Drug Enforcement Administration have partnered to deploy billboards in Baltimore that illustrate that even small amounts of opioids are lethal. The billboard also brings awareness to the fact that more than 2,000 Marylanders will die from opioids in 2018.
The U.S. Attorney’s Office is a member of the Opioid Task Force and works with local, state, and federal agencies to make people aware of the dangers of opioid abuse and the resources available to assist recovering addicts.
U.S. Attorney Hur thanked the State’s Attorney’s Office for Baltimore City, the DEA, the Baltimore Police Department, the Maryland Transportation Authority Police, the Baltimore City Sheriff’s Office, the Baltimore County Police Department; Homeland Security Investigations; the Maryland State Police; and the Salisbury Police Department for their work on the cases highlighted above. Mr. Hur also commended the many dedicated Assistant U.S. Attorneys and Assistant State’s Attorneys who are handling these prosecutions.
# # #
Three Plead Guilty to Hunting Illegally & Obstructing Grand Jury InvestigationRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Robert Peters, 53, and Steven Reindahl, 55, both of Turtle Lake, Wisconsin, pleaded guilty today in U.S. District Court in Madison to hindering a federal grand jury investigation by providing false testimony about a January 2017 Montana mountain lion hunt. This charge carries maximum penalties of six months in prison, a $50,000 fine, and five years of probation.
A third man, David Johnson, 31, Barnes, Wisconsin, pleaded guilty to shooting a mountain lion in 2017 without a Montana hunting license, and conspiring with Darren Johnson to transport the illegally taken mountain lion from Montana to Wisconsin in violation of the Lacey Act. Each of these charges carries maximum penalties of one year in prison, a $100,000 fine, and five years of probation.
The charges against Darren Johnson, 52, Deer Park, Wisconsin, remain pending, and he is presumed innocent until and unless proven guilty. David Johnson and Darren Johnson are not related.
At the plea hearing, the government provided the court with a summary of the evidence that it would have introduced had the case gone to trial.
On January 6, 2017, Darren and David Johnson, Bob Peters and Steve Reindahl were in Mosby, Montana hunting mountain lions with their dogs. That morning, the dogs treed a mountain lion. Only Darren Johnson and Steve Reindahl had valid licenses to hunt mountain lions.
Despite not having a valid license, David Johnson used Darren Johnson’s rifle to shoot and kill the mountain lion, and Darren Johnson took out his tag and tagged the lion. According to witness testimony, Darren Johnson told the group that everyone needed to stick to the story that Darren Johnson killed the mountain lion. On January 10, 2017, all four men drove back from Montana to Wisconsin, and Darren Johnson and Steve Reindahl transported the mountain lion hide. A few days later, Darren Johnson dropped off the hide at David Johnson’s home.
In late May 2018, Bob Peters and Steve Reindahl were served with grand jury subpoenas to testify before a federal grand jury on June 21, 2018, in Madison regarding the 2017 mountain lion hunt. On Sunday June 17, 2018, Darren and David Johnson, Robert Peters, and Steve Reindahl met at Peter’s home in Turtle Lake to talk about the upcoming grand jury session. At the Sunday meeting, Darren Johnson allegedly told everyone to stick to the story that he killed the Montana mountain lion on January 6, 2017, and that the agents did not have any proof to say otherwise.
On June 21, 2018, Bob Peters and Steve Reindahl appeared before the grand jury. Later, Peters and Reindahl admitted that they lied to the grand jury and agreed to cooperate and tell the truth. They recanted their prior testimony and explained that David Johnson killed the mountain lion and Darren Johnson tagged it and told everyone he killed it and they all needed to stick to that story. Both men explained that they were told by Darren Johnson at the meeting in Turtle Lake not to tell the truth to the grand jury.
U.S. Magistrate Judge Stephen L. Crocker scheduled sentencing hearings for all three on February 26, 2019, beginning at 10:30 a.m.
The charges against these men were the result of an investigation conducted by special agents with the U.S. Fish and Wildlife Service Office of Law Enforcement, the Wisconsin Department of Natural Resources Bureau of Law Enforcement, and the Montana Department of Fish, Wildlife and Parks. The prosecution of the case has been handled by Assistant U.S. Attorney Daniel J. Graber.
Three Men Found Guilty of 2012 Bronx MurderRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that SEAN PETER, a/k/a “Huggie,” JASON CAMPBELL, a/k/a “Holiday,” a/k/a “Fish,” and STEVEN SYDER, were found guilty yesterday of the murder of 20-year-old Brian Gray in the Bronx on October 2, 2012. PETER, CAMPBELL, and SYDER were also found guilty of conspiring to distribute marijuana and related firearms offenses. The defendants were convicted following a six-day trial before United States District Judge Naomi Reice Buchwald.
U.S. Attorney Geoffrey S. Berman said: “For years, the defendants thought they had gotten away with murder. Yesterday, a unanimous jury said otherwise. We thank our partners at the FBI and the NYPD for their extraordinary work on this case, and for making sure that, no matter the passage of time, justice was done.”
According to the allegations contained in the Indictment and the evidence presented in court during the trial:
In retaliation for an attempted drug robbery, the defendants followed Gray and three friends in the early morning hours of October 2, 2012, from a local bodega to a nearby porch on Barker Avenue in the Bronx. The defendants then left the area to arm themselves, returned to where Gray and his friends were located, and opened fire, fatally wounding Gray and injuring two other individuals.
* * *
PETER, 35, CAMPBELL, 32, and SYDER, 35, all of the Bronx, New York, were found guilty of conspiring to distribute or possess with intent to distribute marijuana, murder in relation to a drug trafficking crime, and discharging a firearm in relation to a drug trafficking crime. The defendants each face a mandatory minimum sentence of five years in prison and a maximum sentence of life in prison. Sentencing of the defendants before Judge Buchwald will be scheduled at a later date.
Mr. Berman praised the outstanding investigative work of the Federal Bureau of Investigation and the New York City Police Department. Mr. Berman also thanked the Teaneck, New Jersey, Police Department for their assistance with the investigation.
The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Sagar K. Ravi, Jacqueline Kelly, and Christopher J. Clore are in charge of the prosecution.
Three Individuals Indicted in December 2018 Federal Grand JuryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office announced today the results of the December 2018 Federal Grand Jury.
The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury. A grand jury Indictment does not constitute evidence of guilt. A grand jury Indictment is a method of bringing formal charges against the defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-parolable.
NICKEY LYNN ANDERSON, age 35, of Idabel, Oklahoma
Possessing Contraband In Prison (2 Counts)The Indictment alleges that on or about October 16, 2018, in the Eastern District of Oklahoma, the Defendant, NICKEY LYNN ANDERSON, an inmate of a prison as defined in Title 18, United States Code, Section 1791(d)(4), did knowingly possess a prohibited object, to-wit: a long piece of metal sharpened to a fine point on one end, with cloth wrapped around the opposite end to form a handle, designed and intended to be used as a weapon, in violation of Title 18, United States Code, Sections 1791(a)(2), 1791(b)(3) and 1791(d)(1)(B), punishable by not more than 5 years imprisonment, a fine up to $250,000.00 or both.
The Indictment further alleges that on or about October 16, 2018, in the Eastern District of Oklahoma, the Defendant, NICKEY LYNN ANDERSON, an inmate of a prison as defined in Title 18, United States Code, Section 1791(d)(4), did knowingly possess a prohibited object, to-wit: a cellular telephone, in violation of Title 18, United States Code, Sections 1791(a)(2), 1791(b)(4) and 1791(d)(1)(F), punishable by not more than 1 year imprisonment, a fine up to $100,000.00 or both.
The charges arose from an investigation by the Okmulgee County Sherriff’s Office, and the U.S. Marshals Service.
Assistant United States Attorney Ryan Heatherman
JAY Q. BRANHAM, age 50, of Seminole, Oklahoma
Embezzlement And Theft From Indian Tribal OrganizationsThe Indictment alleges that on or about November 2017 to on or about October 2018, in the Eastern District of Oklahoma, the defendant, JAY Q BRANHAM, did steal, embezzle and knowingly and willfully convert to his own use monies in excess of $1,000.00 which had been entrusted to his custody and care as an employee of the Seminole Nation Housing Authority, an Indian tribal organization, in violation of Title 18, United States Code, Section 1163, punishable by not more than 5 years imprisonment, a fine up to $250,000.00 or both.
The charges arose from an investigation by the Seminole Nation Lighthorse Police Department, and the Bureau of Indian Affairs.
Special Assistant United States Attorney Courtney Jordan
JEREMY LEE POAFPYBITTY a/k/a “Chooch”, age 33, of Bunch, Oklahoma
Assaulting An Employee Of The United States With A Deadly And Dangerous WeaponThe Indictment alleges that on or about July 24, 2018, within the Eastern District of Oklahoma, the defendant, JEREMY LEE POAFPYBITTY a/k/a Chooch, did knowingly, intentionally, and forcibly, with the use of a deadly and dangerous weapon, to wit: a knife, assault, oppose, impede, intimidate, and interfere with and did inflict bodily injury to an employee of the United States Postal Service while in and on account of the performance of official duties, in violation of Title 18, United States Code, Sections 111(a)(1) and (b), punishable by not more than 20 years imprisonment, a fine up to $250,000.00 or both.
The charges arose from an investigation by the United States Postal Inspection Service.
Assistant United States Attorney Shannon Henson
Texas Man Sentenced to 25 Years in Prison for Violent Crime Spree in New MexicoRead the Press Release
ALBUQUERQUE – Lane Michael Reed, 24, of Killeen, Texas, was sentenced today in federal court in Albuquerque, N.M., to 25 years in prison for armed robbery, carjacking and firearms charges arising out of a two-day violent crime spree in July 2017. Reed will be on supervised release for 5 years after completing his prison sentence.
On July 19, 2018, Reed pled guilty to robbing the Pecos River Station convenience store in San Miguel County, brandishing a firearm during the robbery, and carjacking. In entering his guilty plea, Reed also admitted that after the robbery, he attempted to evade arrest by driving at speeds up to 140 miles an hour and discharging his firearm at the law enforcement officers who were pursuing him. During the pursuit, Reed caused extensive damage to the vehicle he stole as well as the law enforcement vehicles pursuing him.
The Santa Fe office of the FBI, the New Mexico State Police and the Santa Fe County Sheriff’s Office investigated this case. Assistant U.S. Attorney George C. Kraehe prosecuted the case under Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven 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.
Tallahassee City Commissioner and Political Consultant Charged in Racketeering ConspiracyRead the Press Release
TALLAHASSEE, FLORIDA – Tallahassee City Commissioner Scott Charles Maddox, 50, and Tallahassee political consultant Janice Paige Carter-Smith, 53, both of Tallahassee, have been indicted in a forty-four count indictment for conspiring to operate a racketeering enterprise that engaged in acts of bank fraud, extortion, honest services fraud, and bribery. Maddox and Carter-Smith are also charged with substantive counts of bank fraud, false statements to financial institutions, extortion, honest services fraud, use of interstate facilities in furtherance of bribery, false statements to federal officers, conspiracy to interfere with the lawful function of the Internal Revenue Service (“IRS”), and filing false tax returns.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Attorney for the United States Karen Rhew-Miller of the Northern District of Florida Acting Under Authority Conferred by 28 U.S.C. § 515, Special Agent in Charge Charles Spencer of the FBI’s Jacksonville Field Office, and Special Agent in Charge Mary Hammond of the IRS – Criminal Investigation Tampa Field Office made the announcement.
The initial appearance is scheduled for today, Wednesday, December 12, 2018, at 3:00 p.m. EST at the United States Courthouse in Tallahassee in the Magistrate Judge’s Courtroom on the main floor. The trial date will be determined at this hearing.
Maddox and Carter-Smith allegedly conspired to operate two companies, Governance, Inc., and Governance Services, LLC, as one entity they referred to as “Governance.” Per the indictment, Governance was part of a racketeering enterprise that extorted money and accepted bribes from Governance clients under color of Maddox’s office and through fear of the economic harm that Maddox could inflict in his position as an influential City Commissioner. The indictment alleges that Maddox voted on matters and exerted influence on City employees to take actions that benefitted the businesses that paid Maddox and Carter-Smith through Governance.
According to the charges, Maddox and Carter-Smith made false statements to the FBI concerning Maddox’s affiliation with, and management of Governance and Governance Services. The indictment alleges that during the course of the conspiracy, Maddox made false statements under oath to a Florida Commission on Ethics investigator and in a sworn deposition about his affiliation with Governance. He also concealed from the Tallahassee City Attorney and the City Commission the fact that he was being paid by companies doing business with the City.
The indictment further alleges that Maddox and Carter-Smith also defrauded a bank of more than $250,000 through two fraudulent short sales of real property, lied to federal agents about Governance and other matters, and violated federal tax laws by conspiring to interfere with the IRS and filing false tax returns.
The investigation was conducted by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation. The case is being prosecuted by Assistant U.S. Attorney Stephen M. Kunz of the Northern District of Florida and Trial Attorneys Simon J. Cataldo and Peter M. Nothstein of the Department of Justice Criminal Division’s Public Integrity Section.
The maximum terms of imprisonment for the offenses are as follows:
- 30 years: Bank Fraud, False Statements to a Financial Institution
- 20 years: Racketeering Conspiracy, Extortion and Honest Services Fraud
- 5 years: Use of Interstate Facilities in Furtherance of Bribery, Making False Statements to a Federal Officer, Conspiracy to Defraud the United States
- 3 years: False Statement on a Tax Return
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Tallahassee City Commissioner and Political Consultant Charged in Racketeering ConspiracyRead the Press Release
The Tallahassee, Florida City Commissioner Scott Charles Maddox, 50, and Tallahassee political consultant Janice Paige Carter-Smith, 53, both of Tallahassee, have been indicted in a 44-count indictment for conspiring to operate a racketeering enterprise that engaged in acts of bank fraud, extortion, honest services fraud and bribery.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Attorney for the United States, Acting Under Authority Conferred by 28 U.S.C. § 515 Karen Rhew-Miller for the Northern District of Florida, Special Agent in Charge Charles Spencer of the FBI’s Jacksonville Field Office and Special Agent in Charge Mary Hammond of IRS Criminal Investigation (IRS-CI) made the announcement.
Maddox and Carter-Smith are also charged with substantive counts of bank fraud, false statements to financial institutions, extortion, honest services fraud, the use of interstate facilities in furtherance of bribery, false statements to federal officers, conspiracy to interfere with the lawful function of the IRS, and filing false tax returns. The initial appearance is scheduled for today, Dec. 12, at 3:00 p.m. EST at the U.S. Courthouse in Tallahassee in the Magistrate Judge’s Courtroom on the main floor. The trial date will be determined at this hearing.
Maddox and Carter-Smith allegedly conspired to operate two companies, Governance Inc., and Governance Services LLC, as one entity they referred to as “Governance.” Per the indictment, Governance was part of a racketeering enterprise that extorted money and accepted bribes from Governance clients under color of Maddox’s office and through fear of the economic harm that Maddox could inflict in his position as an influential City Commissioner. The indictment alleges that Maddox voted on matters and exerted influence on City employees to take actions that benefitted the businesses that paid Maddox and Carter-Smith through Governance.
According to the charges, Maddox and Carter-Smith made false statements to the FBI concerning Maddox’s affiliation with, and management of Governance and Governance Services. The indictment alleges that during the course of the conspiracy, Maddox made false statements under oath to a Florida Commission on Ethics investigator and in a sworn deposition about his affiliation with Governance. He also concealed from the Tallahassee City Attorney and the City Commission the fact that he was being paid by companies doing business with the City.
The indictment further alleges that Maddox and Carter-Smith also defrauded a bank of more than $250,000 through two fraudulent short sales of real property, lied to federal agents about Governance and other matters, and violated federal tax laws by conspiring to interfere with the IRS and filing false tax returns.
The investigation was conducted by the FBI and IRS-CI. The case is being prosecuted by Trial Attorneys Simon J. Cataldo and Peter M. Nothstein of the Department of Justice Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Stephen M. Kunz of the Northern District of Florida.
The charges in the indictment are merely allegations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
South Bend Man Sentenced to 40 Months in PrisonRead the Press Release
SOUTH BEND – Anthony Braylock, 35 years old, of South Bend, Indiana, was sentenced by U.S. District Court Senior Judge Robert L. Miller, Jr. after pleading guilty to being a felon in possession of a firearm, announced U.S. Attorney Kirsch.
Braylock was sentenced to 40 months in prison followed by 2 years of supervised release.
According to documents in the case, in January 2018, Braylock sold a handgun to another person while at his house in South Bend, Indiana. Previously, in 2008, Braylock was convicted federally of possessing a firearm in furtherance of a drug trafficking crime. Braylock committed the present offense less than 6 months after being released from custody in his prior federal case.
This case was part of our Project Safe Neighborhoods (PSN) program. The program brings 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. 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. Learn more about Project Safe Neighborhoods.
This case was investigated by the ATF with assistance from the St. Joseph County Drug Investigation Unit and prosecuted by Assistant United States Attorney Joel Gabrielse.
###
South Bend Man Charged with Possessing Methamphetamine for DistributionRead the Press Release
SOUTH BEND –Ramon Lenoir III, 37 years old, of South Bend, Indiana, has been charged with possession of over 50 grams of methamphetamine with intent to deliver and possession of a firearm in furtherance of a drug trafficking crime, announced United States Attorney Thomas L. Kirsch II.
U.S. Attorney Kirsch said, “We will continue to aggressively investigate and prosecute cases of drug dealing, especially when firearms are involved. Curbing the distribution of illegal narcotics is a top priority of my Office.”
According to the federal Indictment, on December 6, 2018, Lenoir knowingly and intentionally possessed over 50 grams of a mixture or substance containing methamphetamine that he intended to distribute to other people. He also possessed a firearm in furtherance of that drug trafficking crime.
Lenoir had been previously charged in state court for this criminal conduct. According to documents filed in that state court case, a person working with Warsaw, Indiana investigators purchased methamphetamine from Lenoir at his house in South Bend. Investigators then obtained a search warrant. When executing the warrant, officers found Lenoir near a toilet and believed he had attempted to flush something down the toilet. Lenoir had just under seven grams of suspected methamphetamine on him. Investigators found an additional 315 grams of suspected methamphetamine in the kitchen. Investigators also found several firearms, some marijuana, and over seven thousand dollars of cash.
The United States Attorney’s Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case was investigated by the ATF with assistance from the St. Joseph County Drug Investigations Unit, the South Bend Police Department’s Strategic Focus Unit, and the Rochester Police Department and is being prosecuted by Assistant United States Attorney Kimberly L. Schultz.
###
Six Individuals Indicted for Drug Trafficking, Firearm Violations and the Murder of Banker Maurice SpagnolettiRead the Press Release
SAN JUAN, Puerto Rico – On December 6, 2018, a federal grand jury in the District of Puerto Rico returned a third superseding indictment against six defendants charged with conspiracy to distribute controlled substances and possession of firearms in furtherance of a drug trafficking crime, announced Rosa Emilia Rodríguez-Vélez, United States Attorney for the District of Puerto Rico. Four of these individuals, Luis Carmona-Bernacet, a.k.a. “Canito Cumbre”; Yadiel Serrano-Canales, a.k.a. “Motombo”; Rolando Rivera-Solis; and Alex Burgos-Amaro, a.k.a. “Yogui”, were charged with the use of a firearm during and in relation to a drug trafficking crime resulting in the murder of banker Maurice Spagnoletti. The FBI was in charge of the investigation with the assistance of the Puerto Rico Police Department (PRPD).
The indictment alleges that since the year 2000 and continuing up to 2014, in the municipalities of San Juan, Trujillo Alto, Guaynabo, and Bayamón, defendants Luis Carmona-Bernacet, a.k.a. “Canito Cumbre”; Yadiel Serrano-Canales, a.k.a. “Motombo”; Alan Lugo-Montalvo, a.k.a. “Allan Lugo Montalvo”; Fabiany Almestica-Monge; Rolando Rivera-Solis; and Alex Burgos-Amaro, a.k.a. “Yogui” intentionally possessed with intent to distribute crack, cocaine, and marihuana.
Counts three, four, and five allege offenses involving the use of a firearm during and in relation to a drug trafficking crime resulting in murder, in violation of Title 18, United States Code, Section 924(j)(1). Counts three and four charge Carmona-Bernacet with the murders of William Castro on December 30, 2002, and René Cruz on December 6, 2006, respectively. In regards to the murder of Maurice Spagnoletti detailed in count five, the grand jury charged defendants Carmona-Bernacet, Serrano-Canales, Rivera-Solis and Burgos-Amaro, aiding and abetting each other, with counseling, commanding, inducing and procuring each other to carry a firearm during and in relation to a drug trafficking crime, and in the course of that crime, causing the death of Maurice Spagnoletti.
As part of the drug trafficking conspiracy, the superseding indictment alleges that the defendants established drug distribution points among several housing facilities owned by a public housing authority and other areas. The co-conspirators acted in different roles in order to further the goals of their organization and routinely possessed, carried, brandished and used firearms to protect themselves and the drug trafficking organization.
It is further alleged that co-conspirators legally employed other members of the conspiracy in their maintenance and service related companies in order to further their illegal activities. Leaders of the organization would practice the “Santería” religion to protect drug trafficking activities. The leaders usually identified themselves by wearing attire and amulets regularly used in the “Santería” religion. The leaders and their coconspirators would conduct “Santería” religious ceremonies or cults before engaging in significant criminal activities and/or other violent incidents to protect the leaders, the organization, and their drug trafficking activities.
“Federal, state and local law enforcement agents worked together with our prosecutors to target the leaders and key members of this violent gang, who are responsible for at least three murders, one of which was the murder of Maurice Spagnoletti in 2011,” said Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico. “Today’s charges prove our continuing commitment to remove armed, violent criminals from our neighborhoods and bring them to justice. Notwithstanding the indictment returned by the grand jury, as to the murder of Maurice Spagnoletti, the investigation continues.”
Douglas A. Leff, Special Agent in Charge of the FBI, San Juan Division stated: “The prosecutors and investigators assigned to this case were unwavering in their tireless dedication to see that these brutal murders would not go unsolved. While the unimaginable pain of the family members of these victims can never be resolved, the justice system will ensure that those responsible pay dearly for their willingness to kill another human being in furtherance of their own greed.”
Assistant U.S. Attorney Kelly Zenón-Matos is in charge of the prosecution of the case. If convicted, the defendants face a minimum sentence of 15 years; from 10 years up to life in prison for the drug conspiracy charge, and from five years up to life in prison for the firearm charges. For the murder of Maurice Spagnoletti, the defendants could face the death penalty or imprisonment for any term of years or for life. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
# # #
Shipping Company Sentenced for Illegally Discharging Waste at SeaRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced that Navimax Corporation (“Navimax”), incorporated in the Marshall Islands with its main offices in Greece, was sentenced today to a $2,000,000 fine by United States District Court Judge Maryellen Noreika for a violation of the Act To Prevent Pollution From Ships (“APPS”), and obstruction of a Coast Guard investigation.
The Act to Prevent Pollution from Ships is a codification of international treaties known as the “MARPOL Protocol.” APPS applies to the handling and disposal of oily waste generated by ship machinery as well as oil cargo residue that results from cleaning oil cargo tanks. To insure that oily waste is properly stored and processed at sea, all ocean-going ships entering U.S. ports must maintain an Oil Record Book in which all transfers and discharges of oily waste, regardless of the ship’s location in international waters, are fully recorded.
According to court documents and statements made in court, Navimax operated the Nave Cielo, a 750-foot long oil tanker. In early December 2017, the U.S. Coast Guard boarded the vessel near Delaware City and was conducting a routine inspection when a crewmember gave the officers a thumb drive containing two videos, depicting a high-volume discharge of dark brown and black oil waste from a five-inch pipe, located 15-feet above water level. Subsequent investigation disclosed that the approximate 10-minute discharge occurred on November 2, 2017, in international waters, after the ship left New Orleans en route to Belgium. The day after the discharge, crewmembers cleaned oil from the decks and a crewman was lowered over the side of the vessel to clean oil from the hull. During the Coast Guard inspection on December 7, 2017, the ship’s crew presented the ship’s Oil Record Book, which did not record this discharge.
“The Act to Prevent Pollution from Ships helps protect the precious ocean and marine resources of the United States from harmful pollution, and those who knowingly violate this law will be held accountable,” said Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environment and Natural Resources Division. “The Department of Justice will continue to work with the Coast Guard and our other law enforcement partners to ensure that individuals and corporations alike comply with the nation’s environmental laws.”
“The defendant violated environmental laws that protect our marine environment from harmful pollution,” said U.S. Attorney for the District of Delaware David C. Weiss. “The conviction and criminal fine, reinforced by a four-year term of probation, during which the defendant’s fleet of ships will be monitored, ensures that defendant is held accountable. The message to the shipping industry is clear: environmental crimes at sea will not be tolerated.”
“I am exceptionally pleased with the outcome of this case,” said Captain Scott Anderson, Commanding Officer of Coast Guard Sector Delaware Bay. “Personnel at Sector Delaware Bay, Marine Safety Detachment Lewes, DE, the Coast Guard Investigative Service Philadelphia Office, and legal staffs dedicated countless hours conducting an extensive and detailed investigation and processing the case. Outcomes like this help protect the environment by holding operators accountable for their actions.”
Navimax was ordered to pay the $2,000,000 fine immediately, and placed the company on probation for four years. Also sentenced today for a violation of APPS was Roman Maksymov, the vessel’s former Chief Officer. Maksymov was responsible for the proper handling of oily waste from the ship’s cargo holds and for recording any discharge of oil in the Oil Record Book.
This case was investigated by the U.S. Coast Guard Sector Delaware Bay and the Coast Guard Investigative Service. The case was prosecuted by Assistant U.S. Attorney Edmond Falgowski and Trial Attorney John Cashman in the Environmental Crimes Section of the Department of Justice.
Shipping Company Sentenced for Illegally Discharging Oily Waste at SeaRead the Press Release
NOTE: Court-filed video footage of Navimax’s illegal discharging of oily waste can be found here and here.
The U.S. Department of Justice today announced that Navimax Corporation, incorporated in the Marshall Islands with its main offices in Greece, was sentenced to a $2,000,000 fine by a federal district court for violating the Act to Prevent Pollution from Ships and obstructing a Coast Guard investigation.
The Act to Prevent Pollution from Ships is a codification of international treaties known as the “MARPOL Protocol.” To ensure that oily waste is properly stored and processed at sea, all ocean-going ships entering U.S. ports must maintain an Oil Record Book in which all transfers and discharges of oily waste, regardless of the ship’s location in international waters, are fully recorded.
According to court documents and statements made in court, Navimax operated the Nave Cielo, a 750-foot long oil tanker. Prior to a formal inspection on December 7, 2017, the U.S. Coast Guard boarded the vessel near Delaware City when a crewmember gave the officers a thumb drive containing two videos, depicting a high-volume discharge of dark brown and black oil waste from a five-inch pipe, located 15-feet above water level. Subsequent investigation during a more comprehensive inspection on December 7, 2017, disclosed that the approximately 10-minute discharge occurred on November 2, 2017, in international waters, after the ship left New Orleans en route to Belgium. During the Coast Guard boarding on December 7, 2017, crewmembers presented the ship’s Oil Record Book, which did not record this discharge.
“The Act to Prevent Pollution from Ships helps protect the precious ocean and marine resources of the United States from harmful pollution, and those who knowingly violate this law will be held accountable,” said Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environment and Natural Resources Division. “The Department of Justice will continue to work with the Coast Guard and our other law enforcement partners to ensure that individuals and corporations alike comply with the nation’s environmental laws.”
“The defendant violated environmental laws that protect our marine environment from harmful pollution,” said U.S. Attorney for the District of Delaware David C. Weiss. “The conviction and criminal fine, reinforced by a four-year term of probation, during which the defendant’s fleet of ships will be monitored, ensures that defendant is held accountable. The message to the shipping industry is clear: environmental crimes at sea will not be tolerated.”
“I am exceptionally pleased with the outcome of this case,” said Captain Scott Anderson, Commanding Officer of Coast Guard Sector Delaware Bay. “Personnel at Sector Delaware Bay, Marine Safety Detachment Lewes, DE, the Coast Guard Investigative Service Philadelphia Office, and legal staffs dedicated countless hours conducting an extensive and detailed investigation and processing the case. Outcomes like this help protect the environment by holding operators accountable for their actions.”
The district court ordered Navimax to pay the $2,000,000 fine immediately and placed the company on probation for four years.
This case was investigated by the U.S. Coast Guard Sector Delaware Bay and the Coast Guard Investigative Service. The case was prosecuted by Trial Attorney John Cashman in the Environmental Crimes Section of the Department of Justice’s Environment and Natural Resources Division and by Assistant U.S. Attorney Edmond Falgowski.
Seis Individuos Acusados Por Tráfico De Drogas, Violaciones A La Ley De Armas Y El Asesinato Del Banquero Maurice SpagnolettiRead the Press Release
SAN JUAN, Puerto Rico - El 6 de diciembre de 2018, un gran jurado federal en el Distrito de Puerto Rico presentó una tercera acusación enmendada contra seis individuos por conspirar para distribuir sustancias controladas, y posesión de armas de fuego para promover un delito de narcotráfico, anunció Rosa Emilia Rodríguez Vélez, Fiscal Federal para el Distrito de Puerto Rico. Cuatro de estos individuos, Luis Carmona Bernacet, alias “Canito Cumbre”; Yadiel Serrano Canales, alias “Motombo”; Rolando Rivera Solís; y Alex Burgos Amaro, alias “Yogui” enfrentan un cargo por utilizar un arma de fuego durante y en relación con un delito de narcotráfico que resultó en el asesinato del banquero Maurice Spagnoletti. El FBI estuvo a cargo de la investigación con la asistencia de la Policía de Puerto Rico.
En la acusación se alega que desde el año 2000 hasta el 2014, en los municipios de San Juan, Trujillo Alto, Guaynabo y Bayamón, los acusados Luis Carmona Bernacet, alias “Canito Cumbre”; Yadiel Serrano Canales, alias “Motombo”; Alan Lugo Montalvo, alias “Allan Lugo Montalvo”; Fabiany Almestica Monge; Rolando Rivera Solís; y Alex Burgos Amaro, alias “Yogui” poseían con intención de distribuir cocaína crack, cocaína y marihuana.
Los cargos tres, cuatro y cinco incluyen el uso de un arma de fuego durante y en relación a un delito de narcotráfico que resultó en asesinato, en violación del Título 18, Código de los Estados Unidos, Sección 924 (j) (1). Los cargos tres y cuatro acusan a Carmona Bernacet de los asesinatos de William Castro el 30 de diciembre de 2002 y René Cruz el 6 de diciembre de 2006, respectivamente.
En cuanto al asesinato de Maurice Spagnoletti detallado en el cargo cinco, el gran jurado acusó a Carmona Bernacet, Serrano Canales, Rivera Solís y Burgos Amaro, de en concierto y común acuerdo asesorar, mandar, inducir, obtener y portar armas de fuego durante y en relación a un crimen de narcotráfico, y en el curso de ese crimen, asesinaron a Maurice Spagnoletti.
Como parte de la conspiración de narcotráfico, la acusación alega que los co-conspiradores establecieron puntos de distribución de drogas entre varios residenciales públicos y otras áreas. Los acusados actuaron en diferentes roles para promover los objetivos de su organización y habitualmente poseían, portaban, blandeaban y usaban armas de fuego para protegerse a sí mismos y a la organización de narcotráfico.
Además, la acusación alega que los co-conspiradores empleaban legalmente a otros miembros de la conspiración en negocios relacionados a mantenimiento y servicios de limpieza para ocultar sus actividades ilegales. Los líderes de la organización practicaban la Santería para proteger las actividades de narcotráfico. Los líderes usualmente se identificaban vistiendo atuendos y amuletos usados regularmente en la religión de Santería. Realizaban ceremonias y cultos religiosos antes de participar en actividades ilegales y otros incidentes violentos para proteger a los líderes, la organización y sus actividades de narcotráfico.
“Las agencias de ley y orden federales y estatales trabajaron incansablemente durante la investigación de esta organización criminal violenta, cuyos miembros son responsables de al menos tres asesinatos, uno de los cuales fue el asesinato del banquero Maurice Spagnoletti en el año 2011”, dijo Rosa Emilia Rodríguez Vélez, Fiscal Federal para el Distrito de Puerto Rico. “Los cargos de hoy demuestran nuestro compromiso continuo de eliminar de nuestras comunidades a los delincuentes más violentos y llevarlos ante la justicia. La investigación continúa a pesar de que hoy presentamos una acusación sobre el asesinato de Maurice Spagnoletti”.
Douglas A. Leff, Agente Especial a Cargo del FBI, División de San Juan, declaró: “Los fiscales y agentes se mostraron inquebrantables en su incansable dedicación para ver que estos crueles asesinatos se resolverían. Si bien el dolor inimaginable de los familiares de las víctimas nunca se eliminará, el sistema de justicia se asegurará de que los responsables paguen un alto precio por su disposición a matar a otro ser humano para promover su propia codicia”.
La Fiscal Federal Auxiliar Kelly Zenón Matos está a cargo del caso. De ser declarados culpables, los acusados enfrentan una sentencia mínima de 15 años; desde 10 años hasta cadena perpetua por el cargo de conspiración de drogas, y desde 5 años hasta cadena perpetua por los cargos por armas de fuego. Por el asesinato de Maurice Spagnoletti, los acusados podrían enfrentar la pena de muerte o hasta vida en prisión. Todo acusado se presume inocente hasta que el gobierno pruebe las alegaciones de la acusación más allá de toda duda razonable.
###
Schenectady Felon Admits to Gun and Drug CrimesRead the Press Release
ALBANY, NEW YORK – James Haskins, age 42, of Schenectady, New York, pled guilty today to possessing and intending to distribute crack cocaine and possessing a firearm in furtherance of a drug trafficking crime.
The announcement was made by United States Attorney Grant C. Jaquith and Special Agent in Charge Ashan M. Benedict of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York Field Division.
Haskins, who has 6 prior felony convictions, admitted that on April 11, 2018, he possessed 152 grams of crack cocaine and a .380 caliber pistol and ammunition in Schenectady. He further admitted that he intended to distribute the crack cocaine to others in exchange for cash, and that he possessed the firearm, which he obtained illegally, to protect his crack and drug proceeds from potential robbers.
Haskins faces at least 15 years and up to life in prison, a fine of up to $250,000, and at least 8 years of post-release supervision when he is sentenced by Senior United States District Judge Norman A. Mordue on April 17, 2019. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the ATF and Schenectady County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.
Sarasota Felon Sentenced for Unlawful Possession of More Than 7,700 Pounds of Explosive MaterialsRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew today sentenced Marc Jason Levene (57, Sarasota) to five years in federal prison for possessing explosive materials as a convicted felon. The court also ordered Levene to forfeit almost four tons of explosive fuses and flash powder.
Levene had pleaded guilty in September 2018.
According to the plea agreement, in 2016, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) began investigating Levene for selling explosives without a federal license or permit. Based on Levene’s multiple prior felony drug convictions, he is prohibited from possessing or selling any explosive materials. In January 2016, the ATF and the Sarasota County Sheriff’s Office seized various explosive fuses from a shed behind Levene’s Sarasota residence.
In late 2017, ATF learned that Levene was selling explosive fuses online, notwithstanding the prior seizure. The ATF initiated an undercover investigation that confirmed Levene was selling the fuses online through a website called ThePyroPro.com. Agents also learned that Levene was maintaining a storage unit at a self-storage facility in Sarasota. An explosives detection canine alerted to the presence of explosive material in the storage unit.
In February 2018, law enforcement executed multiple search warrants at Levene’s residence and his storage unit. During the searches, officers seized more than 7,700 pounds of explosive fuses and hundreds of rounds of ammunition.
“This was the largest seizure ever of explosives from a convicted felon in Florida,” said ATF Special Agent in Charge Daryl McCrary. “This sentencing represents ATF’s expertise in explosive investigations and is another example of how our enforcement of the federal explosives laws greatly enhances our nation’s public safety.”
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Sarasota County Sheriff’s Office, and the Bureau of Fire, Arson and Explosives Investigations. It was prosecuted by Assistant United States Attorney Simon Gaugush.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. 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.
Rhode Island Man Sentenced to 30 Months in Prison for Possessing Child PornographyRead the Press Release
PROVIDENCE – A Portsmouth man who previously lived in West Warwick was sentenced today to 30 months in federal prison for possessing more than 7,000 digital images and videos of minors engaged in sexually explicit conduct.
Joseph Seymour, 40, pleaded guilty in October 2017 to possession of child pornography. At sentencing today, U.S. District Court Judge John J. McConnell, Jr., also ordered Seymour to serve 5 years supervised release upon completion of his term of incarceration, pay restitution totaling $15,000 to 15 identified victims who made restitution claims, and a $5,000 special assessment imposed as required by statute in child sexual exploitation cases where the Court makes a finding that the defendant is not indigent.
The U.S. Sentencing Guidelines range of imprisonment in this matter is 78-98 months. The government recommended the court impose a sentence of 30 months in prison.
Seymour’s sentence is announced by United States Attorney Stephen G. Dambruch; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; and Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police.
At the time of his guilty plea, Seymour admitted to the Court that in July 2016, he was in possession of more than 7,000 digital images or videos of minors engaged in sexually explicit conduct. Some of the images and videos depicted prepubescent minors under the age of 12 engaged in sexually explicit conduct.
According to court documents and information presented to the Court, in July 2016, a Tempe, Arizona computer repair service notified the Tempe Police Department that they discovered images on a digital hard drive that appeared to be child pornography. The hard drive, owned by Seymour, had been sent to the repair service via a Rhode Island-based manufacturer of electronic products.
After determining that some of the contents they reviewed depicted child pornography, the Tempe Police Department contacted that Rhode Island State Police Internet Crimes Against Children (ICAC) Task Force. The hard drive was transferred to the ICAC Task Force and then to the U.S. Postal Inspection Service (USPIS) for further examination. A forensic examination of the hard drive revealed over 7,000 images and videos of child pornography stored in more than 160 subfolders.
USPIS agents and members of the ICAC Task Force arrested Seymour on December 21, 2016, while executing a court-authorized search of Seymour’s then West Warwick residence. Numerous computers and digital storage devices were seized by law enforcement.
The case was prosecuted by Assistant U.S. Attorney Ronald R. Gendron.
###
Rhode Island Man Charged with Building, Selling "Ghost" Machine GunRead the Press Release
PROVIDENCE - A Cranston man was arrested today on charges he allegedly manufactured and sold a “ghost” machinegun without a license to an out-of-state Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) undercover agent.
As the result of a Project Safe Neighborhoods investigation initiated by the Cranston Police Department in November, David Ladwig, 63, was arrested today as ATF agents, ATF Task Force members, and Cranston Police executed a federal court-authorized search of his residence, a boat moored in Pawtuxet Cove. From the houseboat, law enforcement seized arched the Boat and inside found, among other things, an AR-15 receiver, ammunition, firearm parts, and silencer parts.
“Ghost-guns” are firearms manufactured without serial numbers, making them difficult for law enforcement to trace. It is alleged in court documents that on November 15, 2018, Ladwig sold a “ghost” machinegun he manufactured to an undercover ATF agent who is a resident of Connecticut.
Ladwig appeared today before U.S. District Court Magistrate Judge Lincoln D. Almond on a federal criminal complaint charging him with possession/transfer of a machine gun, possession of a firearm not registered to him, engaging in the business of selling firearms, and selling a firearm to an out-of-state resident. Ladwig was released on $10,000 unsecured bond.
Ladwig’s arrest and initial appearance in U.S. District Court are announced by United States Attorney Stephen G. Dambruch, ATF Special Agent in Charge Kelly D. Brady, and Cranston Police Chief Colonel Michael J. Winquist.
According to Court documents, it is alleged that in November 2018, ATF acquired information that suggested that Ladwig was engaged in the manufacture of firearms, including machineguns, and was searching for buyers. On November 11, 2018, an ATF undercover agent contacted Ladwig by telephone. The agent identified himself as a resident of Connecticut.
It is alleged that during the call with the ATF agent, Ladwig said that he manufactured “ghost guns” from parts, and that he had a machinegun available for $4,000. Shortly after the call, at the agent’s request, Ladwig texted him photographs of other “ghost guns” he allegedly manufactured and that were available for sale. The photographs depicted a rifle described as having a “reticle sight and aimpoint laser and suppressor” for $1,600; a “full auto” rifle for $4,000; a sig p228 9mm pistol for $850; and a 9mm pistol for $750.
On November 15, 2018, the undercover agent met with Ladwig at a pre-determined location in the parking lot of the marina where Ladwig’s houseboat is moored. It is alleged that Ladwig transferred the receiver for a machinegun to the agent in return for $2,800 in cash. Ladwig pointed out the components that allowed for automatic fire, including the auto sear and auto hammer. Ladwig also manipulated the selector switch, explaining how to move from the semi-automatic position to the automatic fire position. Ladwig explained that the firearm was missing certain parts, such as the full auto bolt carrier group, and that he would be getting those parts by mail shortly. He was arrested as he delivered the missing parts to the agent today.
Prior to leaving the agent’s vehicle, it is alleged that Ladwig told the agent that he hoped that they could do more business together and that he would mail him the missing parts for the machinegun. The machinegun was sent to an ATF lab for further examination. It was determined that many of the parts used to construct the machinegun had been constructed using M16 machinegun parts.
A criminal complaint is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The case is being prosecuted by Assistant U.S. Attorney Milind M. Shah.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Reno Man Sentenced to over 13 Years in Prison for Conspiracy to Distribute Large Amounts of MethamphetamineRead the Press Release
RENO, Nev. – A Reno resident was sentenced today to 160 months in prison in connection to a methamphetamine distribution conspiracy, announced U.S. Attorney Dayle Elieson for the District of Nevada.
Jose Efrain Larios Rivera, 37, previously pleaded guilty to one count of conspiracy to possess with intent to distribute at least 500 grams of methamphetamine. He has a prior felony drug conviction in Reno. In addition to the prison term, U.S. District Judge Howard D. McKibben sentenced Rivera to five years of supervised release.
Rivera admitted that he conspired with others to distribute large amounts of methamphetamine throughout the Reno area. He offered to sell methamphetamine for $5,000 per pound or $500 per ounce. The investigation revealed that law enforcement intercepted 3,082 grams of pure methamphetamine during a traffic stop on July 27, 2017. That load of narcotics was being driven by co-defendant Jose Bautistia-Miranda, Rivera’s cousin, and two others, from Los Angeles into Nevada. The trio were pulled over for a traffic violation during which the vehicle was searched and the methamphetamine was recovered.
The July seizure did not stop Rivera’s drug distribution. Less than a month later, in August 2017, Rivera and his “cousins” had agreed to transport one kilogram of heroin from Southern California to Reno. Rivera agreed to sell the kilogram of heroin to a buyer in Reno for $32,500. The defendant was arrested after he was stopped driving his truck traveling down Highway 395. He was traveling in tandem with another co-defendant, Leon Valdez, who was driving a separate car with the heroin. Rivera and Valdez were stopped when traveling to the arranged location for the negotiated sale. During the traffic stop on Valdez’s car, a K-9 alerted the deputy to the presence of drugs. A search of the load car revealed 915 grams of heroin. In the defendant’s truck, stopped in close vicinity of the load car on Highway 395, Rivera had a Taurus .45 pistol under the driver’s seat and a small amount of heroin in his pocket.
The case was investigated by the DEA and Washoe County Sheriff’s Office. Assistant U.S. Attorney Jim Keller prosecuted the case.
###
Renewal Escapee Sentenced to 15 Months in PrisonRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pa., has been sentenced in federal court to 15 months’ imprisonment on his conviction of escape from custody, United States Attorney Scott W. Brady announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Derek Webb, 54.
According to information presented to the court, on June 26, 2017, the defendant escaped from the Renewal, Inc. Residential Reentry Center, where he had been confined pursuant to a judgment and commitment order of the United States District Court for the Western District of Pennsylvania.
Prior to imposing sentence, Judge Fischer stated that the sentence was sufficient but not greater than necessary to achieve the goals of sentencing.
Assistant United States Attorney Tonya Sulia Goodman prosecuted this case on behalf of the government.
United States Attorney Brady commended the United States Marshals Service for the investigation leading to the successful prosecution of Webb.
Randolph County man sentenced for making a destructive deviceRead the Press Release
ELKINS, WEST VIRGINIA – Robert C. Ard, of Elkins, West Virginia, was sentenced today to 24 months incarceration for charge involving a homemade explosive device found in his home, United States Attorney Bill Powell announced.
Ard, age 54, pled guilty to one count of “Making an Unlawful Firearm” in August 2018. Ard admitted to making a firearm, that is a destructive device.
This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the West Virginia State Police investigated.
U.S. District Judge John Preston Bailey presided.
Portland Man Sentenced to Seven Years in Federal Prison for Role in Interstate Drug Trafficking ConspiracyRead the Press Release
PORTLAND, Ore. – Gregory Rex Wilson, 52, of Portland, was sentenced today to 84 months in federal prison and five years’ supervised release for distributing heroin and illegally possessing a firearm.
According to court documents, Wilson was part of a drug trafficking organization that transported heroin from El Monte, California to the Portland metropolitan area. The investigation revealed that Wilson was being supplied with heroin by “Chino Antrax,” later identified as co-defendant Pablo Flores. Flores had actively been trafficking heroin to Portland for more than a year. At the time of his arrest on December 12, 2016 in Portland, Wilson had 880 grams of heroin, 100 Xanax pills and a loaded Ruger 9mm pistol in his vehicle. Four additional firearms were later found in a second vehicle owned by Wilson, including one with an obliterated serial number.
On June 12, 2018, Wilson pleaded guilty in this case to one count of possession with intent to distribute heroin and one count of being a felon in possession of firearms. Three of Wilson’s co-defendants, Aaron Ray West, Ricardo Anguiano Cruz, Jr., and Jose Manuel Rodriguez, have also pleaded guilty to related charges. Flores awaits trial.
The case was investigated by the Clackamas County Interagency Task Force (CCITF), FBI, Homeland Security Investigations (HSI), the U.S. Drug Enforcement Administration (DEA), and the Portland Police Bureau. It was prosecuted by Matthew J. Semritc, Special Assistant U.S. Attorney for the District of Oregon.
The case is 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.
Peruvian Man Sentenced for Illegal Re-entry into United StatesRead the Press Release
SYRACUSE, NEW YORK – Johny Elvis Vela Molina, age 39, and a citizen of Peru, was sentenced today to time served (44 days in jail), for illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas R. Decker, Director of the New York Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
Vela Molina was removed from the United States to Peru on December 8, 2009. On October 29, 2018, he was encountered and arrested by an ICE Officer in Wallkill, Ulster County, New York. A fingerprint check of Vela Molina resulted in the discovery of the prior removal. Vela Molina admitted that he returned to the United States without permission following the 2009 removal. Vela Molina has never lawfully entered the United States.
Following sentencing, Vela Molina was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Pennsylvania Man Pleads Guilty to International Email Impersonation and Fraud ScamRead the Press Release
BOSTON – A Pennsylvania man pleaded guilty yesterday in federal court in Boston in connection with a scam in which he and co-conspirators defrauded victims by pretending to be employees of the Securities and Exchange Commission (SEC).
Frank Gregory Cedeno, 27, of Mahanoy City, Penn., pleaded guilty to conspiracy to commit wire fraud and conspiracy to commit money laundering. U.S. District Court Senior Judge George A. O’Toole, Jr. scheduled sentencing for March 21, 2019. In January 2018, Cedeno was charged and arrested.
From at least November 2015 through November 2017, Cedeno conspired with others to defraud victims by pretending to be employees of the SEC, demanding money from victims and directing them to send it to members of the conspiracy, including Cedeno, who was then living in Ocoee, Fla. The conspirators who received the money generally withdrew it from bank accounts quickly, then forwarded much of it to individuals in the Dominican Republic. In one common version of the scam, victims received e-mails that used official-seeming documentation and the SEC seal to induce the victim to pay a fee in order to receive a portion of a legal settlement. In another version, victims received e-mails and official-seeming documents labeling the victim a defendant in a civil lawsuit, in which the victim owed tens of thousands of dollars in supposed disgorgement, penalties and fees. The documents gave the victim a choice of either appearing in court to contest the lawsuit or paying a smaller fee.
In August 2018, co-conspirator Leonel Alexis Valerio Santana, 28, of Boston, was sentenced to 63 months in prison, three years of supervised release, and ordered to pay restitution of $105,869 after pleading guilty to his role in the scheme.
The charge of conspiracy to commit wire fraud provides for a sentence no greater than 20 years in prison, three years of supervised release, a fine of up to $250,000, or twice the gross gain or loss in the offense, and restitution. The charge of money laundering conspiracy provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $500,000 or twice the value of the funds involved in the money laundering, whichever is greater. 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; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Carl W. Hoecker, Inspector General of the U.S. Securities and Exchange Commission’s Office of Inspector General; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorney Brian A. Pérez-Daple of Lelling’s Criminal Division is prosecuting the case.
Ohio Man Indicted for Drug Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today Curtis Riley, age 56, of Dayton, Ohio, was indicted by a federal grand jury yesterday for conspiring to distribute and possess with intent to distribute more than a kilogram of heroin and fentanyl.
According to United States Attorney David J. Freed, the indictment alleges that Riley conspired with others beginning in 2017, to distribute the heroin and fentanyl. The indictment further alleges that Riley possessed with intent to distribute more than one kilogram of heroin and fentanyl on December 3, 2018, in Luzerne County. A kilogram of heroin is equivalent to approximately 40,000 retail bags of heroin.
The charges against Riley resulted from an investigation by the Drug Enforcement Administration and the Pennsylvania State Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the cases.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is life imprisonment. The charge also carries a mandatory minimum penalty of ten years in prison. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
North Charleston Man Gets 5 Years for Federal Gun and Drug ChargeRead the Press Release
Charleston, South Carolina---- United States Attorney Sherri A. Lydon announced today that Tyrus Cornell Goodwater, Jr., age 27, of North Charleston, South Carolina, was sentenced in federal court for possessing firearms in furtherance of a drug trafficking crime. United States District Judge Richard M. Gergel, of Charleston, sentenced Goodwater to 60 months in federal prison to be followed by 3 years of court-ordered supervision. There is no parole in the federal system.
Evidence presented to the court established that on February 20, 2017, officers of the Charleston Police Department stopped Goodwater for a traffic violation and observed marijuana in his vehicle. A search of Goodwater’s car uncovered distribution amounts of marijuana, plastic baggies, and digital scales. Officers also discovered three guns in the trunk of the car, including an AK-47 style weapon. Goodwater pled guilty to possessing firearms in furtherance of a drug trafficking crime on August 20, 2018.
The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department. Assistant United States Attorney Chris Schoen of the Charleston office prosecuted the case.
This case was prosecuted as part of the joint federal, state, and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001 that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Turning the tide of rising violent crime in America is a top priority for the Department of Justice, which has reinstituted PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy.
#####
Nigerian National Sentenced to 45 Months in Federal Prison for Role in Business E-Mail Compromise SchemeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ADEYEMI ODUFUYE, also known as “Micky,” “Micky Bricks,” “Yemi,” “GMB,” “Bawz,” and “Jefe,” 32, a citizen of Nigeria, was sentenced today by U.S. District Judge Janet C. Hall in New Haven to 45 months of imprisonment for his supervisory role in a business e-mail compromise scheme.
According to court documents and statements made in court, Odufuye and others, including Olumuyiwa Yahtrip Adejumo, operated a business compromise scheme that targeted hundreds, if not thousands, of CEOs, CFOs, controllers and others at businesses, nonprofit organizations, and schools in Connecticut and across the United States. As part of the scheme, Odufuye and others sent e-mails addressed to executives that were made to appear to be sent from the legitimate e-mail address of the CEO or other executive from the business. The emails were sent with the intent of having the recipients send or wire money to bank accounts used by members of the conspiracy.
The investigation revealed that scheme participants controlled multiple e-mail and social media accounts used in the scheme and, in certain instances, sent e-mails and attachments containing malware to the intended recipients.
In late 2015, Odufuye and others sent or caused to be sent dozens of e-mails to the controller of a company in Torrington, Connecticut. In the e-mails, Odufuye posed at the real CEO of the victim company and instructed the controller to send multiple wire transfers exceeding a total of $1 million from the company’s accounts to various individuals and purported entities. The company then sent five wire transfers totaling more than $500,000 to accounts in Virginia, Florida, Washington, D.C., and Hong Kong.
The investigation revealed that Odufuye and others also targeted a company headquartered in Waterbury, Connecticut, as part of this scheme.
To date, the FBI has identified 36 wire confirmations in e-mail accounts utilized by Odufuye and others from September 2015 to May 2016, totaling more than $1.6 million. This figure does not include the more than $500,000 in wire transfers from the victim company in Connecticut.
Judge Hall ordered Odufuye to pay restitution in the amount of $921,497.87 to 15 victims of the scheme.
On January 3, 2018, Odufuye pleaded guilty to one count of conspiracy to commit wire fraud and one count of aggravated identity theft.
On December 19, 2016, Odufuye was arrested in the United Kingdom where he was a student and was subsequently extradited to the U.S. to face these charges. He has been detained since his arrest.
Adejumo, also a citizen of Nigeria, was living in Toledo, Ohio, as a lawful permanent resident of the U.S. at the time of his arrest on November 17, 2017. He pleaded guilty to one count of conspiracy to commit wire fraud and, on August 17, 2018, was sentenced to 15 months of imprisonment.
A third Nigerian citizen alleged to be involved in this scheme is awaiting trial.
This matter is being investigated by the Federal Bureau of Investigation and the Connecticut Cyber Task Force. The case is being prosecuted by Assistant U.S. Attorney David T. Huang.
U.S. Attorney Durham thanked the Department of Justice’s Office of International Affairs, the United Kingdom’s National Crime Agency, and the United Kingdom’s Metropolitan Police for their assistance in this case.
To contact the Connecticut Cyber Task Force, please call the FBI in New Haven at 203-777-6311.
New York Kingsmen Motorcyle Club Gang Members Sentenced to Prison for RICO ConspiracyRead the Press Release
Two Kingsmen Motorcycle Club gang members, who were convicted of RICO conspiracy, were sentenced today in the Western District of New York to 15 years and more than four years in prison, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney James P. Kennedy Jr. for the Western District of New York announced.
Gregory Willson, aka “Flip,” 52, of Allegany, New York, and Glen Stacharczyck, aka “Turbo,” 53, of Amherst, New York, were sentenced by U.S. District Judge Elizabeth A. Wolford to serve 180 months and 57 months in prison, respectively. Judge Willson also sentenced Willson and Stacharczyck to serve three years of supervised release following their prison sentence. Willson pleaded guilty on Nov. 30, 2017 to RICO conspiracy and was also sentenced for being a felon in possession of a firearm. Stacharczyck pleaded guilty to RICO conspiracy on July 16.
According to the plea agreements of the two defendants, Willson was a member of the Springville Chapter of the Kingsmen Motorcycle Club (KMC) and a KMC Nomad, while Stacharczyck was a member of the North Tonawanda and the South Buffalo Chapters of the KMC. The KMC operated in Florida, New York, Pennsylvania and Tennessee. The KMC Nomads did not belong to a particular chapter and were the enforcement and security arm of the KMC.
In September 2009, Willson admitted that he took a female victim from the state of New York to KMC clubhouses in the state of Pennsylvania. While visiting a KMC clubhouse in Meadville, Pennsylvania, Willson punched the victim in the face repeatedly, bloodying her face to the point where her eyes were swollen shut, after the two had a verbal altercation. Neither the defendant nor any other KMC members or associates called for medical attention. Willson then brought the woman back to New York where he and his mother cleaned up the female and kept her secluded against her will, for several days, in order to conceal her injuries.
On June 7, 2013, Willson and other KMC members forcibly shut down the Springville Chapter and stripped members of their colors because they were non-compliant members. Brandishing firearms, KMC members struck a victim in the head with a blunt object and stole items from the Springville clubhouse. They then used bleach to clean areas where the victim bled and cut and removed portions of the rug, which contained blood. As a result of the assault, Willson was elevated to the position of Nomad within the KMC. A KMC Nomad was a KMC member that was not required to regularly attend meetings but was expected to serve the interests of the KMC enterprise including fighting other clubs and committing violent crimes.
On Aug. 3, 2013, while at a KMC party, after learning that the former Springville KMC members were taking pictures wearing KMC patches and taunting the KMC, Willson and others decided to conduct a drive-by shooting. They drove to the former Springville KMC clubhouse where they located the former members. At that point, they opened the sliding door on the side of the van and one of the defendant’s accomplices fired twice with a shotgun towards the group of former Springville KMC members who were outside. One of the shots struck a vehicle, which was parked near where one of the targeted former KMC members was standing.
In addition, Willson stored cocaine for sale at his then-girlfriend’s house in Buffalo, New York. On Aug. 9, 2013, a firearm belonging to Willson, ammunition and a quantity of cocaine were recovered during the execution of a search at the residence.
On July 31, 2015, a search warrant was executed at Willson’s Allegany residence and law enforcement officers recovered KMC paraphernalia, a quantity of marijuana, a quantity of psilocybin (“mushrooms”), a firearm and ammunition. The defendant was previously convicted of felonies in both Federal and Cattaraugus County, New York Court and is legally prohibited from possessing a firearm.
Also, according to the plea agreements, KMC members and associates used and distributed marijuana, cocaine, methamphetamine, and other controlled substances at the North Tonawanda and South Buffalo KMC Chapter Clubhouses. KMC members were also involved in firearm sales. Stacharczyck also possessed firearms.
Willson and Stacharczyck are two of 21 KMC members and associates charged in this case. To date, all of the defendants have been convicted or pleaded guilty, including National President David Pirk, who was convicted following a four-month jury trial and will be sentenced on Feb. 28, 2019.
Today’s sentencings are the culmination of an investigation led by the FBI’s Safe Streets Task Force, under the direction of Special Agent in Charge Gary Loeffert. Assisting in the investigation were the FBI Knoxville, Tennessee, and Jacksonville, Florida field offices; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; the Erie County Sheriff’s Office; the Buffalo Police Department; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the New York State Police; the Olean Police Department; the Lancaster Police Department; the Amherst Police Department; the City of North Tonawanda Police Department; the Niagara Frontier Transportation Authority Police; the Cattaraugus County Sheriff’s Department and the Hamburg Police Department. The case is being prosecuted by Trial Attorney Marianne Shelvey of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Joseph M. Tripi and Brendan T. Cullinane of the Western District of New York.
New Carlisle Man Charged with Mail FraudRead the Press Release
SOUTH BEND –Kevin Clinton, 61 years old, of New Carlisle, Indiana, has been charged with four counts of mail fraud, announced United States Attorney Thomas L. Kirsch II.
U.S. Attorney Kirsch said, “Schemes, like those allegedly engaged in by Mr. Clinton, to steal large sums of money from unsuspecting victims will be aggressively prosecuted in this district, particularly when an individual abuses his position of trust or authority to engage in fraud.”
According to documents in the case, Clinton was employed as the Chief Information Officer at a South Bend business. From about March 2012 through about October 2017, Clinton caused his employer to pay invoices to a sham company that he controlled for services that were never performed. Over the life of the scheme, payments to the sham company totaled about $2,286,359.25. Clinton took these funds for his own personal use and benefit.
The United States Attorney’s Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case was investigated by the FBI and is being prosecuted by Assistant United States Attorney Luke Reilander.
###
Naugatuck Tax Preparer Indicted for Filing False ReturnsRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Kristina O’Connell, Special Agent in Charge of IRS Criminal Investigation in New England, today announced that a federal grand jury in New Haven has returned an indictment charging ANA NUNEZ, also known as Ana Pagoaga, 47, of Naugatuck, with 12 counts of filing false tax returns.
The indictment was returned on December 6, 2018. Nunez appeared yesterday before U.S. Magistrate Judge Sarah A. L. Merriam in New Haven and entered a plea of not guilty to the charges.
As alleged in the indictment, Nunez owned and operated Nunez MultiServices, LLC, a tax return preparation service located in Naugatuck. From 2011 and continuing at least through 2016, Nunez falsified information on tax returns she prepared for clients and caused the returns to be filed with the Internal Revenue Service. On the returns, Nunez routinely inflated income or created fictitious income; falsified expenses, including education and child care expenses, and falsified deductions, such as business mileage. At times, without her clients’ knowledge, Nunez also falsely inflated information on her clients’ returns in order to increase their refunds and then directed the excess funds to an account she controlled.
If convicted, Nunez faces a maximum term of imprisonment of three years on each count.
Nunez is released on a $150,000 bond. As part of the conditions of her release, she is prohibited from preparing or assisting in the preparation of tax returns except for herself or immediate family members.
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 Internal Revenue Service – Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney Susan L. Wines.
Milford Woman Sentenced for Stealing $2.6 Million from EmployerRead the Press Release
BOSTON – A Milford woman was sentenced today in federal court in Boston for stealing approximately $2.6 million from her employer and using the money to purchase luxury items at Boston-area boutiques.
Debra Mulloy, a/k/a Debra Depaul, 58, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 69 months in prison, three years of supervised release and ordered to pay restitution in the amount of $2,654,346. In July 2018, Mulloy pleaded guilty to two counts of wire fraud and one count of aggravated identity theft.
From 2004 through 2016, Mulloy was responsible for most of the financial and organizational duties at the company for which she was employed. On multiple occasions from April 2012 to December 2016, Mulloy used the company’s credit card account in the name of another employee to make hundreds of unauthorized charges totaling nearly $2.4 million. Most of those unauthorized purchases were for clothing, furs, and jewelry at boutique stores in the Boston area. Mulloy then sold many of the luxury items at consignment shops. As part of her scheme, Mulloy also caused company checks to be issued for her personal benefit, primarily to pay her personal credit card bills. In total, Mulloy defrauded her employer of approximately $2.6 million.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Mark J. Balthazard of Lelling’s Securities and Financial Fraud Unit prosecuted the case.
Michael Cohen Sentenced to 3 Years in PrisonRead the Press Release
Robert Khuzami, Attorney for the United States, Acting Under Authority Conferred by 28 U.S.C. § 515, announced that MICHAEL COHEN was sentenced today to three years in prison for tax evasion, making false statements to a federally insured bank, and campaign finance violations. COHEN pled guilty on August 21, 2018, to an eight-count information before U.S. District Judge William H. Pauley III, who imposed today’s sentence. In a separate prosecution brought by the Special Counsel’s Office (“SCO”), COHEN pled guilty on November 29, 2018 to one count of making false statements to the U.S. Congress and was also sentenced on that case today, receiving a two-month concurrent sentence.
According to the allegations in Information 18 Cr. 602 (WHP), filed by the United States States Attorney’s Office for the Southern District of New York (the “Office”), as well as previous court filings and statements in public court proceedings:
Between 2012 and 2016, COHEN concealed more than $4 million in personal income from the Internal Revenue Service, avoiding more than $1.3 million in income tax. COHEN also made false statements to a federally insured financial institution to obtain a $500,000 home equity loan. Finally, in 2016, COHEN made or caused two separate payments to women to ensure that they did not publicly disclose their alleged affairs with a presidential candidate in advance of the election. In one instance, COHEN caused American Media, Inc. (“AMI”), which was identified in previous court filings as “Corporation-1,” to make a $150,000 payment to one woman; in the other, COHEN made a $130,000 payment to another woman through an LLC he incorporated for the purpose of making the payment. COHEN was reimbursed for the latter payment in monthly installments disguised as payments for legal services performed pursuant to a retainer, when in fact no such retainer existed. COHEN made or caused both of these payments in order to influence the 2016 election and did so in coordination with one or more members of the campaign.
In addition to the sentence of imprisonment, Judge Pauley also ordered COHEN, 52, of New York, New York, to pay a fine of $50,000, to forfeit $500,000, to pay $1,393,858 in restitution to the IRS, and to pay a mandatory $800 special assessment. Separately, COHEN was ordered to pay a $50,000 fine and to pay a $100 special assessment in the case brought by the SCO. COHEN was also sentenced to concurrent three-year terms of supervised release in both cases, to follow his term of imprisonment.
* * *
The Office also announced today that it has previously reached a non-prosecution agreement with AMI, in connection with AMI’s role in making the above-described $150,000 payment before the 2016 presidential election. As a part of the agreement, AMI admitted that it made the $150,000 payment in concert with a candidate’s presidential campaign, and in order to ensure that the woman did not publicize damaging allegations about the candidate before the 2016 presidential election. AMI further admitted that its principal purpose in making the payment was to suppress the woman’s story so as to prevent it from influencing the election.
Assuming AMI’s continued compliance with the agreement, the Office has agreed not to prosecute AMI for its role in that payment. The agreement also acknowledges, among other things, AMI’s acceptance of responsibility, its substantial and important assistance in this investigation, and its agreement to provide cooperation in the future and implement specific improvements to its internal compliance to prevent future violations of the federal campaign finance laws. These improvements include distributing written standards regarding federal election laws to its employees and conducting annual training concerning these standards.
* * *
Mr. Khuzami praised the work of the Federal Bureau of Investigation; the Internal Revenue Service, Criminal Investigation; and the Special Agents of the U.S. Attorney’s Office.
This case is being handled by the Office’s Public Corruption Unit. Assistant U.S. Attorneys Andrea M. Griswold, Rachel Maimin, Thomas McKay, and Nicolas Roos are in charge of the prosecution.