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Wednesday 12 December 2018
December Grand JuryRead the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 13 indictments charging 13 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Emilio Bello-Ozuna, age 35, of Omaha, is charged with illegal reentry after deportation from on or about November 28, 2018. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Maurice T. Bowens, age 32, of Lincoln, Nebraska, is charged in a three-count Indictment. Count I charges the defendant with false statements during acquisition of a firearm on or about March 1, 2018. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, a 3-year term of supervised release, and $100 special assessment. Count II charges the defendant with false statements during acquisition of a firearm on or about April 26, 2018. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, a 3-year term of supervised release, and $100 special assessment. Count III charges the defendant with illegal receipt of a firearm by person under Indictment on or about April 26, 2018. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, a 3-year term of supervised release, and $100 special assessment.
* Manuel Cabrera, age 42, of Omaha, is charged with escape from custody on or about November 29, 2018. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, a 3-year term of supervised release, and $100 special assessment.
* David Campbell, age 33, of Council Bluffs, Iowa, is charged in a three-count Indictment. Count I charges the defendant with conspiracy to distribute 500 grams or more of methamphetamine beginning on or about July, 2018 and continuing to on or about September 4, 2018. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, not less than 5-year term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with possession of a firearm in furtherance a drug trafficking offense on or about September 4, 2018. The maximum possible penalty if convicted is Life consecutive imprisonment, $250,000 fine, a 5-year term of supervised release, and $100 special assessment. Count III of the Indictment charges the defendant with being a felon in possession of a firearm on or about September 4, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a 3-year term of supervised release, and $100 special assessment.
* Benito Ceballos-Espinoza, age 34, of Bellevue, Nebraska, is charged with illegal reentry after deportation from on or about November 15, 2018. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Joseph Lloyd James, age 47, is charged with arson in Indian Country from on or about November 5, 2018. The maximum possible penalty if convicted is 25 years’ imprisonment, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment.
* Jorden Johnson, age 23, is charged in a two-count Indictment. Count I charges the defendant with robbery of personal property of the United States on or about November 14, 2018. The maximum possible penalty if convicted is 15 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II charges the defendant with brandishing a firearm in furtherance of a crime of violence on or about November 14, 2018. The possible penalty if convicted is 7 years’ to Life imprisonment consecutive, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment.
* Javonn T. Lewis, age 23, of Indianapolis, Indiana, is charged in a two-count Indictment. Count I charges the defendant with Interference with Commerce by Robbery by force from an employee at Walgreens on or about March 11, 2018. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II charges the defendant with Robbery involving Controlled Substances by force from an employee at Walgreens on or about March 11, 2018. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Said Antonio Mejia-Cerrato, age 37, of Crete, Nebraska, is charged with illegal reentry after deportation from on or about December 7, 2018. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Maria De Jesus Franco Munoz, age 47, of LaVista, Nebraska, is charged in a two-count Indictment. Count I charges the defendant with false representation of a social security number on or about January 13, 2014. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II charges the defendant with illegal reentry after deportation from on or about December 6, 2018. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Jose Sevilla, age 33, is charged with possession with intent to distribute 50 grams or more of methamphetamine on or about November 13, 2018. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment.
* Mauro Valente-Hernandez, age 27, is charged with illegal reentry after deportation from on or about November 28, 2018. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Michael I. White, age 19, of Muncie, Indiana, is charged in a two-count Indictment. Count I charges the defendant with Interference with Commerce by Robbery by force from an employee at Walgreens on or about February 10, 2018. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II charges the defendant with Robbery involving Controlled Substances by force from an employee at Walgreens on or about February 10, 2018. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
Central Valley Drug Trafficker Sentenced to 26 Years in PrisonRead the Press Release
SAN FRANCISCO – Manuel Gonzalez Chavez, aka Manuel Gonzalez Cobain, was sentenced today to 26 years in prison for his involvement in a heroin, cocaine, and methamphetamine trafficking conspiracy, announced United States Attorney Alex G. Tse and Drug Enforcement Administration Special Agent in Charge Chris Nielsen. The sentence was handed down by the Honorable James Donato, U.S. District Judge.
Gonzalez Chavez, 40, a citizen of Mexico, formerly of Stockton, Calif., pleaded guilty to the charges on November 9, 2017. As part of his plea agreement, Gonzalez Chavez acknowledged that he participated in a conspiracy to traffic heroin, cocaine, and methamphetamine. Gonzalez Chavez admitted that he bought and sold heroin, cocaine, and methamphetamine and that he distributed these controlled substances to his customers. Gonzalez Chavez also admitted that he directed at least one other person to act as his courier and to pick up or drop off controlled substances or the proceeds of drug sales on his behalf.
In sentencing Gonzalez Chavez, U.S. District Judge James Donato characterized the drug conspiracy in this case as a “massive and very destructive conspiracy” that trafficked drugs “in mercenary fashion” and “effectively poisoned” the community. Judge Donato declared that he was “particularly troubled” by the fact that Gonzalez Chavez had previously been convicted of possessing a firearm in furtherance of a drug trafficking offense and acted in this case “as if that [prior] conviction meant nothing.” Judge Donato also declared that the “intersection of drugs and firearms [is] particularly pernicious.”
Gonzalez Chavez was arrested on October 13, 2015. As part of his plea agreement, he admitted that on the day before his arrest, October 12, 2015, law enforcement authorities executed a search warrant at his residence in Stockton, Calif. At the time authorities entered Gonzalez Chavez’s home, he was actively packaging cocaine for distribution. Authorities’ search of Gonzalez Chavez’s residence resulted in the total seizure of approximately 5.2 kilograms of heroin, approximately 1.6 kilograms of methamphetamine, and approximately 4.2 kilograms of cocaine.
Law enforcement found heroin, methamphetamine, and cocaine throughout Gonzalez Chavez’s house. For example, the heroin, some of the methamphetamine, and some of the cocaine was found under the bathroom sink. In Gonzalez Chavez’s living room, authorities found additional cocaine and, in the living room closet, a .40 caliber Taurus PT100 pistol loaded with ammunition. In the kitchen, authorities found three digital scales, packaging materials, additional methamphetamine, more than one kilogram of cocaine, and bullets. In the backyard, authorities found approximately 1.8 kilograms of cocaine. In one of the bedrooms, authorities found a .38 caliber revolver and an Air Soft pistol. Authorities also seized approximately $43,500 in cash. Gonzalez Chavez admitted as part of his plea agreement that he knew the $43,500 represented the proceeds from drug sales.
On November 19, 2015, a federal grand jury indicted Gonzalez Chavez and twelve co-defendants for various crimes related to the scheme. The grand jury charged Gonzalez Chavez with conspiracy to distribute and possess with intent to distribute controlled substances, in violation of 21 U.S.C. §§ 846 and 841(a)(1), and with possession of a firearm in furtherance of drug trafficking, in violation of 18 U.S.C. § 924(c). Pursuant to his plea agreement, Gonzalez Chavez pleaded guilty to both charges. In addition to the 26-year prison term, Judge Donato sentenced Gonzalez Chavez to a 3-year term of supervised release. The defendant has been in custody since his arrest on October 13, 2015.
Gonzalez Chavez’s sentence brings to 12 the number of defendants sentenced as part of the conspiracy to distribute and possess with intent to distribute controlled substances in this case. All of Gonzalez Chavez’s co-defendants have pleaded guilty. During the course of this investigation, law enforcement seized more than 40 pounds of methamphetamine, more than 65 pounds of cocaine, more than 11 pounds of heroin, more than $1,200,000 in cash drug proceeds, and approximately twelve firearms.
Defendant
Age/
Residence
Charges
Status
Jesus Guadalupe Rojas
32/
Turlock
Distribution of methamphetamine, 21 U.S.C. §§ 841(a)(1)
Sentenced on June 14, 2017, to 24 months in prison and 3 years supervised release.
Jose Armando Mendoza Linares
42/
Turlock
Conspiracy to distribute and possess with intent to distribute methamphetamine, 21 U.S.C. §§ 846 & 841(a)(1)
Sentenced on October 25, 2017, to 60 months in prison and 5 years supervised release.
Gabriel Estrada
41/
Compton
Conspiracy to distribute and possess with intent to distribute cocaine, 21 U.S.C. §§ 846 & 841(a)(1)
Sentenced on December 13, 2017, to 70 months in prison and 3 years supervised release
Vanessa Valdez
31/
Chula Vista
Conspiracy to distribute and possess with intent to distribute methamphetamine and cocaine, 21 U.S.C. §§ 846 & 841(a)(1)
Sentenced on December 13, 2017, to 22 months in prison and 3 years supervised release.
Elias Dominguez
46/
Patterson
Conspiracy to distribute and possess with intent to distribute methamphetamine, 21 U.S.C. §§ 846 & 841(a)(1)
Sentenced on January 24, 2018, to 55 months in prison and 5 years supervised release.
Carlos Martinez
26/
Hayward
Conspiracy to distribute and possess with intent to distribute cocaine, 21 U.S.C. §§ 846 & 841(a)(1)
Sentenced on February 21, 2018, to 30 months in prison and 3 years supervised release.
Ismael Mendoza Rodriguez
37/
Turlock
Conspiracy to distribute and possess with intent to distribute methamphetamine and cocaine, 21 U.S.C. §§ 846 & 841(a)(1)
Possession of a firearm in furtherance of drug trafficking, 18 U.S.C. § 924(c)
Sentenced on February 21, 2018, to 200 months in prison and 5 years supervised release.
Michael Sherman
48/
Lathrop
Conspiracy to distribute and possess with intent to distribute cocaine, 21 U.S.C. §§ 846 & 841(a)(1)
Sentenced on February 28, 2018, to 32 months in prison and 3 years supervised release.
Ruben Franco Lopez
48/
Turlock
Conspiracy to distribute and possess with intent to distribute cocaine, 21 U.S.C. §§ 846 & 841(a)(1)
Sentenced on March 7, 2018, to 37 months in prison and 3 years supervised release.
Manuel Lara Andrade
64/
Delhi
Conspiracy to distribute and possess with intent to distribute methamphetamine and cocaine, 21 U.S.C. §§ 846 & 841(a)(1)
Sentenced on March 14, 2018, to 140 months in prison and 5 years supervised release.
Daniel Jimenez
48/
Ballico
Conspiracy to distribute and possess with intent to distribute methamphetamine and cocaine, 21 U.S.C. §§ 846 & 841(a)(1)
Sentenced on November 7, 2018, to 128 months in prison and 5 years supervised release.
Manuel Gonzalez Chavez
42/
Stockton
Conspiracy to distribute and possess with intent to distribute methamphetamine, heroin, and cocaine, 21 U.S.C. §§ 846 & 841(a)(1)
Possession of a firearm in furtherance of drug trafficking, 18 U.S.C. § 924(c)
Sentenced on December 12, 2018, to 312 months in prison and 3 years of supervised release.
Carlos Olivares Hernandez
52/
Turlock
Conspiracy to distribute and possess with intent to distribute methamphetamine and cocaine, 21 U.S.C. §§ 846 & 841(a)(1)
Scheduled to be sentenced on January 9, 2019.
Assistant U.S. Attorneys Christiaan Highsmith, Sheila Armbrust, Katie Burroughs Medearis, and Gregg Lowder are prosecuting the case. The prosecution is the result of an investigation by the DEA, the Concord Police Department, and the IRS Criminal Investigations. The investigation was conducted and funded by the Organized Crime Drug Enforcement Task Force, a multi-agency task force that coordinates long-term narcotics trafficking investigations.
CEO of Suburban Pharmaceutical Company Sentenced to 4 Years in Federal Prison for Misappropriating $2.2 Million from InvestorsRead the Press Release
CHICAGO — A federal judge today sentenced the former Chief Executive Officer of a suburban pharmaceutical company to four years in prison for pocketing $2.2 million from investors and spending the money on property in Michigan, golf and yacht club dues, and trading in options on futures contracts.
As the CEO of Neurendo Pharma LLC in Hoffman Estates, ROBERT TOMLINSON misappropriated the money from individual and corporate investors from 2014 to 2017. Tomlinson fraudulently advised investors that their funds would be used to operate Neurendo and to market an experimental drug, known as GNTI, to treat type II diabetes. Tomlinson claimed investors would receive a substantial payment once Neurendo’s drug rights were purchased by a major pharmaceutical company. In reality, Tomlinson used the majority of investor funds to support his family’s lavish lifestyle, which included maintaining a personal property in Bay Harbor, Mich., and annual dues at the Bay Harbor Golf Club and Bay Harbor Yacht Club.
Tomlinson, 69, of Hoffman Estates, pleaded guilty earlier this year to one count of wire fraud. U.S. District Judge Rebecca R. Pallmeyer imposed the 48-month sentence in federal court in Chicago.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation.
“Simply put, Tomlinson scammed for his own benefit without any regard for his investors, who trusted him with their funds to invest and use those funds to capitalize and fund the company’s operations,” Assistant U.S. Attorney Sunil Harjani argued in the government’s sentencing memorandum. “This was not a one-time mistake in judgment, but rather a calculated course of conduct with much aforethought.”
Evidence in the case revealed that Tomlinson misappropriated at least $100,000 in investor money to fund his own futures trading account, and $33,000 to make donations to the Washington National Cathedral. In addition to the Michigan property, Tomlinson used investor funds to make mortgage payments on a property in the Georgetown neighborhood of Washington, D.C.
When pocketing the money, Tomlinson made dozens of cash withdrawals of slightly less than $10,000 each from Neurendo’s bank account. The structured withdrawals were made in an effort to avoid federal reporting rules, which require financial institutions to notify the U.S. Department of the Treasury about transactions of more than $10,000.
Burnham Man Sentenced to 15 Years for Using the Internet to Access Child PornographyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that David L. Cook, 61, of Burnham, Maine, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr., to 15 years in prison and 10 years of supervised release for using the internet to access child pornography intending to view it. Cook pleaded guilty on October 10, 2017. Because he had a prior qualifying conviction, he faced a mandatory minimum sentence of 10 years.
Court records reveal that in August 2016, the Maine State Police Computer Crimes Unit (MCCU) received a report from Microsoft that a user had uploaded an image of child pornography. Federal and state officers obtained a physical address for that user, executed a warrant at that address, and seized the defendant’s computer. The MCCU’s forensic examination of the computer revealed over 30 images of child pornography and that the defendant searched the internet for child pornography on dozens of occasions between March and August, 2016.
The case was investigated by the MCCU and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. 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. Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Burlington Man Pleads Guilty to Ammunition ChargeRead the Press Release
BOSTON - A Burlington man pleaded guilty yesterday in federal court in Boston to illegally possessing 30 pieces of ammunition.
Brendan Sheils, 32, pleaded guilty to one count of being a felon in possession of ammunition. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for March 18, 2019.
On Feb. 22, 2018, police received information that Sheils was in possession of an Uzi bump stock weapon and that he desired to attack the Burlington Police Department. On Feb. 23, 2018, police executed a search warrant at Sheils’ residence, where they recovered a total of 30 pieces of ammunition, as well as an AR-15 type rifle that was determined to be a “ghost gun,” which is made when an individual buys component parts and then assembles the pieces together. The rifle was loaded with 28 of the pieces of ammunition.
The firearms charge provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based on the United States Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division, Woburn Police Chief Robert J. Ferullo Jr.; and Burlington Police Chief Michael Kent made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit is prosecuting the case.
Bucks County Man Detained on Enticement and Attempted Manufacture of Child Pornography ChargesRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that Michael Schamach, 32, of Warrington, PA, was detained today in federal custody on one charge of Enticement of a Minor to Engage in Sexual Activity and one charge of Attempted Manufacture of Child Pornography.
According to the criminal complaint filed against the defendant, Schamach asked an individual (who unbeknownst to him was an undercover FBI agent posing as a child’s mother) to provide her 11 year-old daughter to Schamach for sexual intercourse. Previously, the defendant had allegedly offered a finder’s fee that would depend on the age of the child: the younger the victim, the greater the finder’s fee. During a two-day period of text message negotiations between Schamach and the undercover agent, Schamach allegedly requested nude and sexually explicit photos of the child, and he agreed to pay to have sexual intercourse with the child. The complaint alleges that Schamach agreed to meet the child at a local hotel on Friday, December 7, 2018. At the agreed upon time and location, Schamach allegedly arrived, equipped with personal lubricant, payment for the “mother” of the child, and candy for the child. The defendant was immediately arrested by FBI agents. After appearing in U.S. Magistrate Court today, the Honorable Richard A. Lloret found that there was probable cause and detained the defendant until his trial, holding that the defendant was a danger to the community.
“This Office is committed to keeping our children safe from harm,” said U.S. Attorney McSwain. “And I want to thank the FBI, as well as the Bensalem and Warminster Police Departments, for their continued efforts to combat the attempted manufacture of child pornography and the enticement of minors.”
If convicted, the defendant faces a maximum possible sentence of life imprisonment, with a minimum mandatory 15 year term, a minimum five years up to lifetime supervised release, $500,000 in fines, a $200 special assessment, and, if found to be non-indigent, an additional mandatory $10,000 assessment must be imposed.
The case was investigated by the Federal Bureau of Investigation, the Bensalem and Warminster Police Departments, and is being prosecuted by Assistant United States Attorney Joseph A. LaBar.
An indictment, information or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Brooklyn Man Indicted for Sex Trafficking and Possessing a FirearmRead the Press Release
An indictment was unsealed today in federal court in Brooklyn charging Joseph Harris with sex trafficking, brandishing firearms in furtherance of sex trafficking, promoting prostitution and being a felon in possession of a firearm. The defendant’s arraignment is scheduled for this afternoon before United States Magistrate Judge Steven L. Tiscione.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and James P. O’Neil, Commissioner, New York City Police Department (NYPD), announced the charges.
“As alleged, Joseph Harris engaged in sex trafficking of adult and minor victims, forcing them to prostitute themselves to line his pockets,” stated United States Attorney Donoghue. “This Office will continue to work diligently with the FBI and our local law enforcement partners to prosecute those who force their victims into sexual slavery.” Mr. Donoghue expressed his grateful appreciation to the Kings County District Attorney’s Office for their assistance in the case.
“As alleged, Harris’s vile actions dehumanized his victims, stripping them of their innocence and forcing them into a life of brutality and neglect – and putting them at risk of further harm from sexual exploitation and narcotics addiction,” stated FBI Assistant Director-in-Charge Sweeney. “Today’s indictment demonstrates the FBI’s commitment to working with our law enforcement partners to ensure justice for our most vulnerable victims, and to pursue and apprehend those who abuse and exploit children for their own personal gain.”
“Today’s charges further affirm the NYPD’s unwavering commitment to protecting the survivors of sex trafficking and gun violence,” stated NYPD Commissioner O’Neill. “These crimes – especially those involving minors – are among the most heinous in our society. Our job is to ensure that anyone who would seek to profit through the abuse and exploitation of another human being be brought to justice swiftly and successfully. To that end, I thank and commend the U.S. Attorney’s Office for the Eastern District, the FBI and the Brooklyn District Attorney’s Office for contributing to this critical case. Together, we will continue to make the safest large city in the nation even safer.”
As alleged in the indictment and court documents, from July 2017 until his arrest in May 2018, Harris used violence and threats to force women and young girls into prostitution, promoting and managing his business over the Internet and on social media. On May 5, 2018, NYPD officers responded to 911 calls reporting that “girls” were being held against their will by a male later identified as the defendant at an apartment building on St. Marks Avenue in Brooklyn. At the apartment, officers found two adult women and a 16-year-old girl in a basement apartment. Subsequent investigation revealed that Harris had been sex-trafficking numerous victims, including the three females in the apartment basement and another minor female, age 14. Harris regularly carried a firearm and demanded that his victims give him all the money they made. Harris also engaged in sexual intercourse with his victims, including the minors, and provided them with narcotics. A handgun was recovered from the defendant’s residence shortly before his arrest.
If convicted, Harris faces a mandatory minimum term of 15 years’ imprisonment and a maximum of life on the sex trafficking charge, and a mandatory consecutive term of seven years’ imprisonment on the charge of brandishing a firearm during a crime of violence.
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s Civil Rights Unit, in collaboration with the Brooklyn Human Trafficking Task Force and Kings County District Attorney’s Office. Assistant United States Attorney Erin Reid and Assistant District Attorney Sherman Jones from the Kings County District Attorney’s Office are in charge of the prosecution.
The Defendant:
JOSEPH HARRIS (also known as “Luis Santana” and “Joey Moscato”)
Age: 37
Brooklyn, New YorkE.D.N.Y. Docket No. 18-CR-616 (LDH)
Brazilian Couple Sentenced for International Kidnapping of GrandsonRead the Press Release
HOUSTON - An international businessman and his wife have learned their fate for international parental kidnapping, announced U.S. Attorney Ryan K. Patrick and Special Agent in Charge Perrye K. Turner of the FBI. A federal jury deliberated for more than two days following a 10-day trial before convicting Carlos Otavio Guimaraes, 68, and Jemima Guimaraes, 66.
Today, U.S. District Judge Alfred Bennett heard arguments from both the prosecution and defense teams. The government requested the court impose a term of imprisonment advised by the sentencing guidelines or slightly higher, while the defense asked for a non-custodial sentence. Ultimately, the court imposed a three-month sentence for Carlos Guimaraes, while Jemima was ordered to serve one month. Both will also be ordered to serve one year of supervised release following their terms of imprisonment during which time they will be required to remain in the United States. The court continued its order that both their U.S. and Brazilian passports remain surrendered and they cannot obtain new ones. The court also ordered the defendants may not have any contact with their fugitive co-defendant daughter, but placed no prohibition on communicating with their grandson.
Each was also ordered to pay a $75,000 fine. Restitution will be determined at a later date, but could be in excess of $400,000.
At the hearing, the judge also heard from the victim – the child’s father – who gave impassioned testimony about how this has impacted him and how much he misses his son. He stated that he has been “emotionally crippled by this experience. What my family and I have endured at the hands of these defendants has been so painful that I cannot imaging inflicting it on another human soul. How do you take away a parent’s right to have their child in their life?” He further noted that he has been consumed by grief. “My boy was just gone,” he said. “For years, I have begged and begged and begged them to bring my boy back, but they refused.”
The father also told the court the court that each trip to Brazil to see his son for even a short time cost him close to $20,000 and that, for years, he had been working an enormous amount of hours - averaging 100 a week - just to finance his fight to try to get his son back.
He also noted that what these defendants did was devoid of any concern for the child’s well-being, that the decision was motivated by greed, power, control and fear – fear not of him, but that he would get in the way of them taking the child for themselves. “They sought to enforce their own brand of vigilante justice,” he said, adding that the couple had undermined orders, lied to the court and succeeded in obtaining full custody of the child, noting they had stripped him of his parental rights, “making a mockery of the United States judicial system.”
At trial, the jury heard that the child’s grandparents helped illegally retain the child in Brazil away from his father in Houston. The mother and minor child traveled to Brazil to attend a family event in July 2013, but were supposed to return to Houston no later than July 20, 2013. The child was never returned to the United States.
The jury also heard how the child’s mother allegedly orchestrated a plan to travel to Brazil for her brother’s wedding via an agreed travel agreement as part of the pending divorce. While in Brazil, she went to a Brazilian state court and obtained custody of the minor. From that moment forward, the father of the child was limited in his ability to visit with his son. The visits he did have were supervised by a guard hired by the child’s mother. Currently, despite a Harris County divorce ruling in 2015 favorable to the father, his ability to maintain a relationship with his son has been incredibly difficult. The child no longer speaks English, and the father had to learn Portuguese to navigate the Brazilian legal system and communicate with his son.
The child’s father testified and told the jury that all he ever wanted was for his son to return to Houston so he could be a constant presence in his life.
Evidence was also presented which included the fact that the grandparents support their daughter by providing housing and employment as well as attorney fees. Additionally, when the father would visit Brazil, Jemima was present for most of the exchanges of the child. Video evidence showed both Carlos, Jemima, the hired guard and their Brazilian attorney at one of the exchanges.
The defense attempted to convince the jury that the Brazilian court rulings should be respected despite the fact they disregard the father’s position. The rulings found the United States was not the place to raise a child in the “egotistical profile of the American family.”
The defense provided an expert on the Hague Convention to testify, but that expert was unable to give even one example of a child that has been returned from Brazil when the abducting parent was alive and domiciled in Brazil. Further, the expert acknowledge the U.S. State Department has found Brazil to be non-compliant with the provisions of the Hague Convention on the Civil Aspects of International Child Abduction since 2005.
The defendants claimed the mother was fleeing from domestic violence, but the jury rejected that defense. The jury ultimately found Carlos and Jemima Guimaraes aided and abetted their daughter in the international parental kidnapping of their grandson.
They were permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
The child’s mother - Marcelle Guimaraes, 40 - is also charged but remains a fugitive in Brazil. She is presumed innocent unless and until convicted through due process of law.
The FBI conducted the investigation. Assistant U.S. Attorneys Sherri L. Zack and Kimberly Ann Leo are prosecuting the case.
If you are a parent or legal custodian who has been deprived of your child through abduction, please see the Department of Justice’s International Parental Kidnapping webpage for more information.
Boston Man Sentenced to 19 Years in Prison for Possession of Fentanyl, Cocaine, Firearm, and AmmunitionRead the Press Release
BOSTON – A Boston man was sentenced today for federal drug and firearm charges arising out of a large-scale seizure of fentanyl and other contraband.
Edgar Belis, 34, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 19 years in prison and five years of supervised release. In April 2018, Belis pleaded guilty to one count of possession with intent to distribute fentanyl and cocaine and one count of being a felon in possession of a firearm and ammunition.
In 2015, law enforcement agents identified Belis as a large-scale heroin trafficker in the Boston area. At the time, Belis had been convicted of heroin-related offenses on at least four prior occasions in Massachusetts state court.
In 2016, using a cooperating witness, law enforcement arranged calls with Belis seeking to purchase heroin. During those calls, Belis stated that he had kilogram quantities of heroin to sell, but suggested that the heroin must contain fentanyl or customers on the street would notice a difference. Belis stated that he would be willing to sell heroin or fentanyl for $40,000 per kilogram.
On May 3, 2016, a cooperating witness called Belis and placed an order for two kilograms of fentanyl. The purchase was set up for three days later. On May 6, 2016, Belis drove from Hopkinton to Boston, where law enforcement observed Belis picking up a backpack from a basement apartment. Belis then travelled to a location in South Boston to complete the sale of the two kilograms of fentanyl, where he was intercepted by law enforcement agents. Belis ignored several orders to exit the vehicle and locked himself in the car. Agents were forced to break the car windows to arrest Belis. A search of the backpack in the car resulted in the seizure of approximately 2.35 kilograms of fentanyl and approximately 250 grams of cocaine.
Later that day, agents executed a search warrant at the apartment associated with Belis, and seized an approximately 300 grams of fentanyl, approximately 125 grams of cocaine, $57,500 in cash, a Glock Model 22 .40 caliber pistol, and 31 rounds of .40 caliber ammunition.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Boston Police Commissioner William Gross made the announcement today.
Boston Man Charged with Federal Firearm OffenseRead the Press Release
BOSTON –A Boston man was arrested today and charged in federal court in Boston with being a felon in possession of a firearm and ammunition.
Mohamed Abdulaziz, 31, was charged with one count of being a felon in possession of a firearm and ammunition. Abdulaziz is currently in state custody.
According to the charging document, on Sept. 2, 2018, law enforcement officers stopped Abdulaziz on Route 24 South in West Bridgewater because he was driving erratically. After Abdulaziz failed several field sobriety tests, he was arrested for driving under the influence of alcohol. Troopers then conducted a routine inventory search of Abdulaziz’s vehicle before it was towed and found a loaded revolver beneath the driver’s seat. Federal law prohibits Abdulaziz from possessing a firearm or ammunition because of a prior felony conviction.
The charging statute provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement today. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Atlantic County, New Jersey, Man Admits Health Care Fraud ConspiracyRead the Press Release
CAMDEN, N.J. – An Atlantic County, New Jersey, man today admitted defrauding New Jersey state health benefits programs out of millions of dollars by submitting fraudulent claims for medically unnecessary prescriptions, U.S. Attorney Craig Carpenito announced.
Corey Sutor, 37, of Egg Harbor Township, New Jersey, a Ventnor firefighter, pleaded guilty before U.S. District Judge Robert B. Kugler in Camden federal court to an information charging him with conspiracy to commit health care fraud.
According to documents filed in this case and statements made in court:
Compounded medications are supposed to be specialty medications mixed by a pharmacist to meet the specific medical needs of an individual patient. Although compounded drugs are not approved by the Food and Drug Administration (FDA), they are properly prescribed when a physician determines that an FDA-approved medication does not meet the health needs of a particular patient, such as if a patient is allergic to a dye or other ingredient.
Sutor was one of the owners of a company formed to market prescription compounded medications, referred to as Company 1. From May 2015 through February 2016, Sutor and others associated with the company persuaded individuals in New Jersey to obtain very expensive and medically unnecessary compounded medications.
The conspirators learned that certain compound medication prescriptions – including pain, scar, and antifungal creams, as well as vitamin combinations – were reimbursed for thousands of dollars for a one-month supply. The conspirators also learned that the New Jersey State Health Benefits Program, which covers qualified state and local government employees, retirees, and eligible dependents, and the School Employees’ Health Benefits Program, which covers qualified local education employees, retirees, and eligible dependents, would cover compound medication prescriptions.
Sutor and his conspirators entered into an agreement in which Company 1 would receive a percentage of the amounts paid to compounding pharmacies for prescriptions secured by Sutor and his conspirators. Sutor and his conspirators then recruited public employees, offered them hundreds of dollars per month, and persuaded them to agree to obtain prescription compounded medications without any examination by a medical professional. Sutor would obtain insurance and personal information from the public employees and give that information to conspirators. Company 1 then would receive a percentage of the amounts paid on these fraudulent prescriptions, which Sutor and others would divide.
Sutor and his conspirators caused New Jersey to pay more than $2 million in fraudulent claims for compounded medications for public employees.
Sutor received $150,398 in gross proceeds for his role in the scheme. As part of his plea agreement, Sutor must forfeit these criminal proceeds and pay restitution of at least $2,092,791.
Sutor faces a maximum penalty of 10 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. Sentencing is scheduled for March 12, 2019.
U.S. Attorney Carpenito credited special agents of the FBI’s Atlantic City Resident Agency, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark; special agents of IRS – Criminal Investigation, under the direction of Special Agent in Charge John R. Tafur in Newark; and the U.S. Department of Labor, Office of Inspector General, New York Region, under the direction of Special Agent in Charge Michael C. Mikulka, with the investigation leading to today’s guilty plea. He also thanked the Division of Pensions and Financial Transactions in the State Attorney General’s Office, under the direction of Attorney General Gurbir S. Grewal and Division Chief Eileen Schlindwein Den Bleyker, for its assistance in the investigation.
The government is represented by Assistant U.S. Attorneys R. David Walk Jr. and Jacqueline M. Carle of the U.S. Attorney’s Office in Camden.
Defense counsel: Robert Wolf Esq., Westmont, New Jersey
Additional Charges Filed Against Schuylkill County Man Previously Charged with Threatening the PresidentRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury returned a second superseding indictment yesterday adding an additional charge of interstate transportation of a stolen vehicle against Shawn Christy, age 27, of McAdoo, who was previously indicted for threatening to harm President Trump and others.
According to United States Attorney David J. Freed, the second superseding indictment charges Christy with transporting a stolen vehicle from Pennsylvania to New York State on July 7-8, 2018.
The second superseding indictment also includes all of the charges contained in the initial superseding indictment: interstate transportation of a stolen vehicle, two counts of interstate transportation of a stolen firearm, two counts of interstate transportation of a firearm while under a felony information, one count of unlawful possession of a firearm as a convicted felon, one count of unlawful possession of a firearm as a fugitive, threats against the President of the United States, and three counts of transmitting threatening communications.
The threat to President Trump is being investigated by United States Secret Service agents, and the other charges are being investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and Butler Township Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
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 for each of the Unlawful Possession of Firearms offenses and the Interstate transportation of stolen firearms offenses is 10 years’ imprisonment. The maximum penalty for the interstate transportation of stolen vehicle offense is 10 years’ imprisonment. The maximum penalty for the interstate transportation of firearms while under a felony information is five years’ imprisonment. The maximum penalty for each threat offense is five years’ 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.
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13 Suspected Drug Traffickers with Cartel Ties Arrested in BustRead the Press Release
Thirteen individuals were arrested on federal drug conspiracy charges following a bust led by the FBI Wednesday morning, U.S. Attorney for the Northern District of Texas Erin Nealy Cox announced today.
According to criminal complaints unsealed this afternoon, the defendants -- Juan Hernandez, Humberto Morales, Marcos Dominguez, Adolfo Ortiz, Albert Martinez, Alejandro Navarrete, Oscar Hernandez, Rebecca Mier, Leoncio Aguilar, Josue Coy, Fidel Alain Martin-Sosa, Yuniel Eduardo Lima Rivero, and Henry Alberto Echarte Rivero – conspired to distribute methamphetamine, cocaine, and heroin over a nearly five-year period, beginning in March 2014.
According to Organized Crime Drug Enforcement Task Force (OCDETF) investigators, the conspirators -- who had ties to the Los Zetas and the New Generation Jalisco Mexican cartels -- had a fluid hierarchy that evolved over time. Some of the money derived from the sale and distribution of the drugs were used to purchase additional drugs, while other drug money was sent to Mexico.
The investigation culminated yesterday, when FBI agents raided a home just across the street from a Grand Prairie elementary school, seizing 380 grams of heroin, a shotgun, and approximately 5 kilograms of methamphetamine. Additional agents seized seven firearms and ounce quantities of cocaine from two houses in Dallas. Agents in Carrollton, assisted by Carrollton Police Department seized 3 kilograms of methamphetamine that defendants Lima Rivero and Echarte Rivero attempted to discard.
In total, law enforcement also seized approximately $24,800 in U.S. currency.
A complaint is a written statement of the essential facts of the offense charged made under oath before a magistrate judge. The government has 30 days to present the matter to a grand jury for indictment. A defendant is entitled to the presumption of innocence until proven guilty through due process of law.
If convicted, defendants face up to 40 years in federal prison and a $5,000,000 fine.
The Federal Bureau of Investigation, in collaboration with the Bureau of Alcohol, Tobacco and Firearms, Texas Department of Public Safety, Dallas Police Department, Fort Worth Police Department, Carrolton Police Department, Grand Prairie Police Department, Arlington Police Department, Farmers Branch Police Department, and the Internal Revenue Service, conducted the investigation. Assistant U.S. Attorneys Shawn Smith and Laura Montes are prosecuting the case.
The case was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
Tuesday 11 December 2018
Woman Convicted at Trial of Distributing Heroin, Killing FriendRead the Press Release
PHILADELPHIA – First Assistant U.S. Attorney Jennifer Arbittier Williams announced that Emma Semler, 23, of Collegeville, PA was convicted today by a jury of one count of distribution, and aiding and abetting the distribution, of heroin resulting in death, and one count of distribution, and aiding and abetting the distribution, of heroin resulting in death within 1,000 feet of a playground. The sentencing hearing is scheduled on March 29, 2019 before the Honorable Gene E.K. Pratter. Following her conviction, the defendant was detained.
Semler and the victim first became friends when they met at a drug rehabilitation facility in November 2013. On May 9, 2014, the victim contacted Semler via Facebook Messenger about obtaining heroin. Semler told the victim that Semler knew a place where they could get heroin and said Semler would bring her younger sister along with them. Semler also agreed to provide the syringe for the victim to use to inject the heroin.
The three women then traveled to the Overbrook section of West Philadelphia to purchase drugs from someone known to Semler. Upon purchasing the heroin, the women went to a nearby Kentucky Fried Chicken (KFC) restaurant, located at 61st Street and Lancaster Avenue in Philadelphia. All three women went into the women’s restroom, where Semler distributed a packet of heroin along with a syringe to the victim. The victim injected the heroin and then asked for another packet because it was her birthday. Semler distributed the second packet, and the victim injected the second packet and then began to display symptoms of overdosing. When they realized that the victim was overdosing, Semler did not help the victim or call 911. Instead, Semler and her sister cleaned the bathroom of the evidence of their drug use and fled the KFC without contacting anyone regarding the victim’s condition. The victim was later found by a KFC employee, who immediately called 911. Despite efforts by first responders and later a hospital, the victim was pronounced dead. The KFC was located within 1,000 feet of a playground.
“The total disregard that Emma Semler had for her friend’s life is appalling,” said First Assistant U.S. Attorney Williams. “Instead of calling for help that could have saved a life, Semler covered her tracks and fled as her friend lay dying on the floor. We are grateful that the jury held Semler accountable for her unconscionable crimes.”
The case was investigated by the Drug Enforcement Administration, and the case is being prosecuted by Assistant United States Attorneys Randall P. Hsia and A. Nicole Phillips.
Wichita Man Sentenced for Driving 5+ Pounds of Meth to KansasRead the Press Release
KANSAS CITY, KAN. – A Wichita man was sentenced Monday to three years in federal prison for driving more than five pounds of methamphetamine to Kansas, U.S. Attorney Steve McAllister said.
Titus Gwess, 24, Wichita, Kan., pleaded guilty to one count of possession with intent to distribute methamphetamine. In his plea, Gwess admitted that he was coming home from Arizona when the Kansas Highway Patrol stopped him for speeding in Mullinville, Kan. Troopers found about 5.8 pounds of methamphetamine in the car.
Co-defendant Eric Reyes, 22, Wichita, Kan., is set for sentencing Jan. 28. Defendant Allen R. Killion is set for a change of plea hearing Dec. 17.
McAllister commended the Kansas Highway Patrol, the Drug Enforcement Administration and Assistant U.S. Attorney Mona Furst for their work on the case.
Warren County Doctor Sentenced to 40 Months Imprisonment for Illegallly Distributing Opioids and Medicare FraudRead the Press Release
St. Louis, MO – Dr. Philip Dean, 62, a resident of Warren County, Missouri, was sentenced today to 40 months of imprisonment and ordered to pay restitution to the Medicare and Medicaid programs in the amount of $312,377. Dr. Dean previously pled guilty to two felony charges, illegally distributing opiate medications and making a false statement to the Medicare program, on August 22, 2018. Dr. Dean was sentenced by Senior United States District Judge E. Richard Webber.
According to his plea agreement, Dr. Dean operated a medical office in Warren County, Missouri. Dr. Dean had personal relationships with three women, living with these women for some time periods. While engaging in personal relationships with these women, Dr. Dean also prescribed them with prescription opioid pain relief medications, including Oxycodone, Hydrocodone, and several formats of Fentanyl. The two felony charges from Dr. Dean’s plea agreement involve two of these women, referred to by their initials in the plea agreement as R.W. and C.H.
Regarding patient R.W., before his prescribing decisions at issue in this case, Dr. Dean was aware that R.W. had lost her health care provider license after experiencing serious prescription drug abuse problems. Dr. Dean was also aware that R.W. had been involved in motor vehicle accidents and traffic stops by police after driving while intoxicated because of prescription drugs. Nevertheless, during 2015-16, Dr. Dean prescribed R.W. with assorted opioid medications, including a fentanyl medication that was only approved for medical use by cancer patients with break-through pain. R.W. does not have cancer. R.W. repeatedly consumed her thirty day supplies of these prescription drugs before thirty days had elapsed. Recognizing that prescribing R.W. with duplicative and overlapping prescriptions for thirty day supplies of opiates would raise suspicion, Dr. Dean repeatedly prescribed R.W. with additional opiate prescriptions using the name of R.W.’s family member. Medicare funded these prescriptions, not knowing that R.W. was ending up with these medications. Dr. Dean personally picked up and paid a co-payment for one of these hydrocodone prescriptions that he wrote for R.W. using another patient’s name.
Regarding C.H., defendant issued her a prescription for Codeine, an opiate pain medication and controlled substance, on March 31, 2017 after exchanging text messages of a personal nature with her. Dr. Dean did not examine C.H. before issuing the prescription on March 31, 2017. According to medical records seized during the execution of a search warrant at the medical office, C.H. had not visited Dr. Dean’s office since January 24, 2017.
Dr. Dean admitted in his plea agreement that his opioid prescribing decisions exposed these patients to a risk of serious bodily injury, given the potency and side effects of the drugs he was prescribing and the patients’ histories of drug problems.
Steve Hanson, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General, Kansas City Region, stated, “Regarding our agency’s ongoing efforts in combating our nation’s opioid crisis, our office will continue to aggressively pursue those who misuse their positions and recklessly prescribe medication to our beneficiaries.”
“Prescription opioids serve an important purpose when used legitimately for patients suffering from chronic pain and illness. In this particular case, we had a doctor with the power to write prescriptions misrepresenting the truth, supplying narcotics to people with serious addiction issues that he was aware of and bilking all of us who pay taxes while doing it. The Drug Enforcement Administration will continue to pursue these bad actors to bring them to justice. Addiction to opioids is a serious illness and we will not allow doctors to abuse their authority for personal gain,” said Special Agent in Charge William J. Callahan of the Drug Enforcement Administration.
This case was investigated by the Office of Inspector General for the U.S. Department of Health and Human Services and the Drug Enforcement Administration, with assistance from the Federal Bureau of Investigation, the Warrenton Police Department, and the Medicaid Fraud Control Unit of the Missouri Attorney General’s Office.
U.S. Department of Justice announces partnership with Anderson UniversityRead the Press Release
Indianapolis - Violent crime in Indianapolis (Marion County), Indiana has risen to astronomical levels. In the third quarter of 2018, there were 118 homicides and 331 non-fatal shootings in Marion County alone. The United States Attorney’s Office for the Southern District of Indiana (USAO) has faced this challenge head-on, pouring resources into addressing this crisis. Josh J. Minkler, the United States Attorney, collaborated with each of the six (6) Indianapolis Metropolitan Police Department (IMPD) districts and federal agencies including, but not limited to, the Bureau of Alcohol Tobacco Firearms & Explosives (ATF) to utilize intelligence-led policing and mandatory minimum sentences as both a shield and sword.
One effective method of confronting violent crime is prevention. The USAO is committed to ensuring the public is well-informed about the soaring crime rates and the Department’s intentional and collaborative response. In order to better disseminate this information, the USAO has partnered with Anderson University’s (AU) Department of Communication & Design Arts to expand the information ecosystem through internships and work-study programs.
“Reducing violent crime is a top priority for the Southern District of Indiana,” said Minkler. “Due to [Anderson] President John Pistole’s longstanding ties to government and the high regard in which he is held, a partnership with Anderson University made complete sense, and is beneficial to both parties. In bringing these interns into our office, we are enabling bright young minds to present us with new and exciting ways to reach our citizens, and in turn, educate our constituencies about ways to prevent violent crime.”
President Pistole served as Administrator for the United States Transportation Security Administration and Deputy Director of the Federal Bureau of Investigation before serving as the fifth President of Anderson University. He shared, “Anderson University offers several opportunities to equip students with real-world experience, and partners with a wide variety of employers, like the United States Attorney's Office for the Southern District of Indiana. We value the distinctive, compelling, and relevant skills that students learn from programs like this to prepare a successful career of faith and service."
In addition to receiving academic credit, the AU student interns are able to gain invaluable real-world experience, working side-by-side with public information officers in the USAO, assisting with:
- Communications with national and local news media, gathering news clips, assisting with interviews and press conferences, editing and issuing new releases on a variety of topics.
- Providing research assistance and contributing to other communications projects.
- Researching, drafting, editing and evaluating social media and web communications projects on a variety of topics and providing other duties as assigned.
The USAO remains committed to curbing the violent crime emergency plaguing Marion County. In addition to making use of its many federal resources, the USAO is excited to continue partnering with Anderson University and its students to produce a constituency that is both aware and informed of happenings in the Department in order to prevent future violent crime and protect the District’s citizens.
U.S. Attorney Milhiser Names New Leader for District's Criminal DivisionRead the Press Release
SPRINGFIELD, Ill. – U.S. Attorney John C. Milhiser today announced his selection of Gregory M. Gilmore to serve as Chief of the Criminal Division for the Central District of Illinois. In this capacity, Mr. Gilmore will be responsible for oversight of criminal matters in the 46-county Central District.
U.S. Attorney Milhiser stated, “Greg brings his 24 years as a federal prosecutor to this important position as we work with our state and local partners to reduce violent crime in our communities.”
A career prosecutor, Mr. Gilmore, 52, of Springfield, has previously served in supervisory positions since joining the U.S. Attorney’s office in 1994, most recently as Chief of the district’s Civil Division from 2013 to 2015.
A CPA since 1989, prior to joining the U.S. Attorney’s Office, Mr. Gilmore worked for the FBI as an investigative specialist and as an auditor for a Chicago accounting firm.
Mr. Gilmore received his law degree in 1993 from DePaul University College of Law, Chicago.
Two New Jersey Men Charged with Bank Fraud Conspiracy and Aggravated Identity TheftRead the Press Release
NEWARK, N.J. – Two North Jersey men were charged today for their respective roles in a conspiracy that used stolen credit cards removed from the mail by U.S. Postal Service (USPS) employees to defraud banks that issued the cards, U.S. Attorney Craig Carpenito announced.
Olagoke Araromi, 22, of Union, New Jersey, and Elhadj Fofana, of Orange, New Jersey, are charged by complaint with one count each of bank fraud conspiracy and aggravated identity theft. Araromi is additionally charged with one count of giving bribes to USPS employees. Araromi was arrested this morning and had his initial appearance this afternoon before U.S. Magistrate Judge Leda Dunn Wettre in Newark federal court. Fofana remains at large.
According to documents filed in this case and statements made in court:
From July 2017 to May 2018, Araromi and others conspired to steal credit cards that banks mailed to accountholders by bribing USPS employees to remove envelopes containing credit cards from the mail. Araromi and others paid USPS employees cash for credit cards that the USPS employees had removed from the mail. Text messages between Araromi and USPS employees showed Araromi instructing USPS employees to look for and take credit cards issued by certain banks that he preferred, promising to pay the USPS employees for taking as many credit cards as possible, and arranging meetings to pick up the stolen credit cards.
From July 2017 to February 2018, Araromi, Fofana, and others then used the stolen credit cards to make unauthorized purchases of retail goods, such as Apple MacBook Pro devices and other Apple products, throughout New Jersey and New York, causing financial losses to the banks that issued the credit cards. Surveillance video recordings and photos from these various retail stores showed the defendants making these unauthorized transactions with the stolen credit cards.
One of Araromi’s and Fofana’s conspirators, Moussa Dagno, was previously charged by complaint and is currently detained.
The bank fraud conspiracy charge carries a maximum potential penalty of 30 years in prison and a $1 million fine. The aggravated identity theft charge carries a mandatory sentence of two years in prison, which must run consecutive to any other term imposed. The bribery charge is punishable by a maximum potential penalty of 15 years in prison and a $250,000 fine.
U.S. Attorney Carpenito credited special agents with the USPS-Office of Inspector General, under the direction of Special Agent in Charge Matthew Modafferi, Northeast Area Field Office, and inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge James Buthorn, with the investigation leading to today’s complaint.
The government is represented by Assistant U.S. Attorneys Jihee G. Suh and Tazneen Shahabuddin of the U.S. Attorney’s Office Special Prosecutions Division in Newark.
The charge and allegations contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Two Brothers from Ohio Indicted for Overdose Death from FentanylRead the Press Release
Two brothers from Oregon, Ohio have been indicted on charges of distributing and conspiring to distribute fentanyl resulting in the overdose death of a victim, announced United States Attorney Matthew Schneider.
Joining Schneider in the announcement were Special Agent in Charge Timothy J. Plancon, Drug Enforcement Administration, Detroit Division, and Chief Charles F. McCormick IV, Monroe Police Department.
Charged were Harry Clifford Wise, 36, and James Allen Wise, 29. Both were arrested on December 6, 2018, and appeared this afternoon in federal court for their detention hearings.
On April 1, 2017, the Monroe Police Department responded to a house in the 300 block of E. 4th St. on a report of a deceased 33 year old male. An investigation revealed that the male victim had died of an opioid overdose. The Monroe Police Department conducted a thorough investigation which uncovered that two brothers from Oregon, Ohio had supplied the victim with the opioids that took his life. On December 4, 2018, the two brothers, Harry Wise III and James Wise, were indicted on charges of delivery of opioids causing death and conspiracy to distribute opioids.
"Overdose deaths from heroin and fentanyl have become a national epidemic, including here in Michigan," Schneider said. "Law enforcement agencies are working closely together to investigate and prosecute traffickers who are contributing to this epidemic."
DEA Special Agent in Charge Plancon said, “It is a priority of DEA to identify and investigate those who distribute drugs that result in overdose and death. The charges announced today should make it clear to all drug dealers that they will face consequences, for the harm that they inflict on the user and on society. The Monroe Police Department deserves significant credit for devoting the time and effort needed to successfully investigate and bring these individuals to prosecution.”
Monroe Police Chief Charles F. McCormick IV stated, “I would like to thank the DEA for their partnership in this investigation, and a special thank you to MPD’s D/Lt. Derek Lindsay for his relentless efforts to seek justice in this case”.
The charges in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
This investigation was led by the Monroe Police Department in partnership with the Drug Enforcement Administration. The case is being prosecuted by Assistant U.S. Attorney Andrew Lievense.
Tucker County woman sentenced for illegal firearms chargesRead the Press Release
ELKINS, WEST VIRGINIA – Jamie Huffman, of Parsons, West Virginia was sentenced today to five years probation for firearms charges, United States Attorney Bill Powell announced.
Huffman, age 36, pled guilty to two counts of “Theft of Firearm from Federal Firearm Licensee” in December 2017. Huffman admitted to stealing several firearms from B.F. Long & Co, a Federal Firearm Licensee, including a .38 caliber revolver, and a .40 caliber Glock pistol, and a 9mm pistol. The crimes occurred in July and August 2016 in Tucker County.
This case was brought as part of Project Safe Neighborhoods (PSN). 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.
Assistant U.S. Attorney Traci M. Cook prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. District Judge John Preston Bailey presided.
Troy Man Sentenced to 92 Months for Cocaine and Crack ConspiracyRead the Press Release
ALBANY, NEW YORK – Tyrone D. Marshall, age 37, of Troy, New York, was sentenced yesterday to 92 months in prison, to be followed by 6 years of supervised release, for conspiring to distribute cocaine and crack cocaine in Albany and Rensselaer Counties.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
In pleading guilty on August 15, 2018, Marshall admitted that from February 2017 to April 2017, he worked with others to acquire cocaine; cook and otherwise convert the cocaine into cocaine base (a/k/a crack cocaine); and sell crack cocaine and cocaine in Albany and Rensselaer Counties. Marshall admitted that a co-conspirator typically acquired cocaine from a source of supply in the City of Albany and then brought the cocaine to his residence in Troy, where they would cook the cocaine into crack for resale.
This case was investigated by the FBI and its Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies, including the New York State Police and New York Department of Corrections and Community Supervision, and was prosecuted by Assistant U.S. Attorney Michael Barnett.
Troy Man Sentenced to 60 Months for Intending to Distribute Crack CocaineRead the Press Release
ALBANY, NEW YORK – Jaquan Walker, age 24, of Troy, New York, was sentenced yesterday to 60 months in prison for possessing and intending to distribute crack cocaine.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Walker admitted that on September 2, 2017, while in Troy, he possessed approximately 47 grams of crack cocaine, which he intended to distribute.
This case was investigated by the FBI and the Troy Police Department, and was prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.
Troy Man Arrested for Attempted Enticement and Coercion of a MinorRead the Press Release
ALBANY, NEW YORK – Michael Varian, age 52, of Troy, New York, appeared today in federal court on a charge that he attempted to entice a minor into sexual activity.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
According to the criminal complaint, Varian, a school bus driver, attempted to entice and coerce an individual, whom he believed to be a 14-year-old boy, to engage in sex. After weeks of exchanging sexually explicit text messages with undercover law enforcement officers posing as the boy, Varian arranged to meet the boy at a location in Albany County, where Varian was arrested.
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty. If convicted, Varian faces at least 10 years and up to life in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Additionally, if convicted, Varian would be required to register as a sex offender.
Varian appeared today before United States Magistrate Judge Christian F. Hummel, who ordered him detained pending a detention hearing scheduled for December 12, 2018.
Anyone with information relevant to this investigation may contact the FBI’s Albany Field Office at (518) 431-4866.
This case is being investigated by the FBI and its Child Exploitation Task Force, which includes members of state and local law enforcement agencies, including the Town of Colonie Police Department, and is being prosecuted by Assistant U.S. Attorney Megan Kinsella Kistler.
Three West Virginia residents sentenced for their roles in a methamphetamine distribution operationRead the Press Release
ELKINS, WEST VIRGINIA – Three West Virginia residents were sentenced today to a nearly 25 years incarceration combined for distributing methamphetamine, United States Attorney Bill Powell announced.
Amanda Mae Bachman, also known as “AB,” age 34, of Buckhannon, West Virginia, was sentenced to 135 months incarceration. Bachman pled guilty to one count of “Conspiracy to Distribute Methamphetamine” in February 2018. Bachman to conspiring with others to distribute more than 50 grams of methamphetamine. The crime occurred in Upshur County and elsewhere from March 2016 to September 2017.
Brett Allen Reed, age 24, of Buckhannon, West Virginia, was sentenced today to 84 months incarceration. Reed pled guilty to one count of “Possession with Intent to Distribute Methamphetamine - Aiding and Abetting” in November 2017. He admitted to aiding another person in distributing methamphetamines in Upshur County in March 2017.
Cassie Chase Poland, age 19, of Fairmont, West Virginia, was sentenced today to 78 months incarceration. She pled guilty to one count of “Possession with Intent to Distribute Methamphetamine - Aiding and Abetting” in November 2017. Poland admitted to aiding another in distributing methamphetamine in Randolph County in April 2017.
Assistant U.S. Attorney Stephen D. Warner prosecuted the cases 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.
Three Nevada Family Members Plead Guilty to Conspiring to Steal More Than $2 Million in Tax RefundsRead the Press Release
Three individuals in Las Vegas, Nevada, pleaded guilty this week to conspiring to steal more than $2 million in tax refunds from the Internal Revenue Service (IRS), announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Dayle Elieson for the District of Nevada.
Chanh V. Trinh, Cannedy Trinh, and Elizabeth Trinh each pleaded guilty to one count of conspiring to defraud the United States by fraudulently obtaining the payment of income tax refunds. Chanh V. Trinh also pleaded guilty to one count of aggravated identity theft involving the use of his deceased brother’s identity.
According to documents filed with the court, Chanh V. Trinh, Cannedy Trinh, and Elizabeth Trinh, residents of Las Vegas, conspired to file federal corporate and individual income tax returns reporting false income tax withholdings and payments, which fraudulently caused the IRS to issue income tax refunds. The Trinhs filed the fraudulent returns in the names of fictitious business entities, their own names, and the names of other individuals, including a long-deceased family member. Chanh V. Trinh prepared and filed the returns. All three defendants deposited or cashed the fraudulently obtained refund checks using bank accounts and check-cashing businesses in Las Vegas. The defendants regularly concealed the funds by purchasing cashier’s checks, which they used to obtain gambling chips at Las Vegas casinos. The conspiracy resulted in false claims of more than $6 million, and more than $2 million in fraudulent refunds paid out by the IRS.
United States District Court Judge James C. Mahan scheduled sentencing for all three defendants for April 10, 2019. Chanh V. Trinh will be sentenced to 102 months in prison under his plea agreement, if accepted by the court. Cannedy Trinh will be sentenced to 24 months in prison under his plea agreement, if accepted by the court. Elizabeth Trinh faces a maximum sentence of 10 years in prison under her plea agreement. Each defendant also faces a period of supervised release, restitution and monetary penalties.
Principle Deputy Assistant Attorney General Zuckerman and U.S. Attorney Elieson thanked special agents of IRS-Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorneys Thomas W. Flynn and Eric C. Schmale of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Three Nevada Family Members Plead Guilty to Conspiring to Steal More Than $2 Million in Tax RefundsRead the Press Release
LAS VEGAS, Nev. - Three individuals in Las Vegas, Nevada, pleaded guilty this week to conspiring to steal more than $2 million in tax refunds from the Internal Revenue Service (IRS), announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Dayle Elieson for the District of Nevada.
Chanh V. Trinh, Cannedy Trinh, and Elizabeth Trinh each pleaded guilty to one count of conspiring to defraud the United States by fraudulently obtaining the payment of income tax refunds. Chanh V. Trinh also pleaded guilty to one count of aggravated identity theft involving the use of his deceased brother’s identity.
According to documents filed with the court, Chanh V. Trinh, Cannedy Trinh, and Elizabeth Trinh, residents of Las Vegas, conspired to file federal corporate and individual income tax returns reporting false income tax withholdings and payments, which fraudulently caused the IRS to issue income tax refunds. The Trinhs filed the fraudulent returns in the names of fictitious business entities, their own names, and the names of other individuals, including a long-deceased family member. Chanh V. Trinh prepared and filed the returns. All three defendants deposited or cashed the fraudulently obtained refund checks using bank accounts and check-cashing businesses in Las Vegas. The defendants regularly concealed the funds by purchasing cashier’s checks, which they used to obtain gambling chips at Las Vegas casinos. The conspiracy resulted in false claims of more than $6 million, and more than $2 million in fraudulent refunds paid out by the IRS.
United States District Court Judge James C. Mahan scheduled sentencing for all three defendants for April 10, 2019. Chanh V. Trinh will be sentenced to 102 months in prison under his plea agreement, if accepted by the court. Cannedy Trinh will be sentenced to 24 months in prison under his plea agreement, if accepted by the court. Elizabeth Trinh faces a maximum sentence of 10 years in prison under her plea agreement. Each defendant also faces a period of supervised release, restitution and monetary penalties.
Principle Deputy Assistant Attorney General Zuckerman and U.S. Attorney Elieson thanked special agents of IRS-Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorneys Thomas W. Flynn and Eric C. Schmale of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
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Thomson business owner convicted of Medicare fraudRead the Press Release
AUGUSTA, Ga: A federal jury on Tuesday, Dec. 11, found the owner of a Thomson, Ga., medical equipment company guilty of multiple counts of Medicare fraud and identity theft in a scheme that charged the government insurance program for items that were never provided to patients and never ordered by a physician.
Detra Wiley Pate, owner and CEO of Southern Respiratory LLC, of Thomson, Ga., was found guilty on 33 counts, including health care fraud, conspiracy to commit health care fraud and aggravated identity theft for crimes dating back to 2014.
The jury deliberated less than five hours. A sentencing date before Chief Judge J. Randal Hall has not yet been set. Pate faces a sentence of up to 10 years for each count of the indictment, plus an additional sentence of at least two years on the eight charges of aggravated identity theft.
According to the indictment and evidence presented at trial, from 2014 through 2016, as part of the scheme, Pate submitted thousands of false claims, fabricated patient files, and falsified prescriptions from doctors for items such as heavy-duty wheelchairs while providing much cheaper standard wheelchairs to patients – and pocketing the substantial difference in cost. The evidence further showed that Pate used the money she stole from Medicare through this fraud to pay for jewelry, including a 1.5 carat diamond and a Rolex watch.
“Health care fraud, particularly that which targets the insurance system for elderly and vulnerable patients, is despicable,” said Southern District of Georgia U.S. Attorney Bobby L. Christine. “Clearly, the jury saw the depth to which such fraud can reach in finding overwhelming evidence of guilt in this case.”
“Those who choose to defraud Medicare are stealing from federal taxpayers and those who count on Medicare for healthcare needs,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “This conviction sends a strong message that the FBI and its federal law enforcement partners are committed to investigating and prosecuting those who, for personal profit, cheat citizens out of the services they deserve.”
“Criminals like Pate devise schemes they think will lead to boundless riches while sending the bills to taxpayers,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Instead they face prison time and banishment from government health programs.”
Assistant U.S. Attorneys Patricia Rhodes and Thomas Clarkson led the prosecution for the United States.
Temporary Restraining Order Issued in Elder Fraud InvestigationRead the Press Release
PROVIDENCE –At the request of the United States Attorney’s Office for the District of Rhode Island, U.S. District Court Chief Judge William E. Smith today issued a temporary restraining order prohibiting a Providence businessman, his wife, and a third associate, and their companies, from using the U.S. Postal Service or other services to distribute advertisements, solicitations or promotional materials that represent that recipients have or will win, or are eligible to win cash, receive prizes, or items of value in return for a “processing fee,” after the government filed a civil complaint in federal court seeking to enjoin this activity as an alleged ongoing mail fraud scheme.
The filing of the civil complaint and issuance of the temporary restraining order is announced by United States Attorney for the District of Rhode Island Stephen G. Dambruch.
It is alleged in court documents that since 2011, and continuing to the present, Michael Shine and his wife Meagan Shine, of Warwick, R.I., and Melissa Pinelli, of Cranston, R.I., have utilized the U.S. Mail to engage in predatory mail fraud schemes that primarily affect the elderly and vulnerable through fictitious businesses they owned and operated: Lucky Dog, LLC, d/b/a Premium Ops & Incentives, and Destiny Merchandise, LLC, d/b/a Independent Catalog Services, owned by the Shines, and Premier Caging Services, owned by Melissa Pinelli. The three businesses operated out of the same address in Providence, R.I. These schemes have duped victims into sending more than ten million dollars in supposed fees for the processing of cash prizes, valuable items, or other premiums that they are promised, but will never receive.
As part of the scheme, individuals, often elderly and vulnerable individuals, are contacted via U.S. Mail with deceptive solicitations that convey the false impression that recipients have been pre-selected or that they have been verified and are entitled to claim a large amount of money in a lottery, or are entitled to a valuable item. In the mailings, recipients are or were instructed to send money, frequently by a deadline, to a PO Box in Providence for the “processing” or “handling” of their purported winnings.
The mailings are printed on official-looking or certificate paper, and frequently contain other language and details designed to make them appear official or legitimate, including bar codes, document control numbers, printing that appears to be rubber stamped, such as the phrase “authorized document,” highlighted text, bank-check style typeface and formatting, and identification and other codes. The solicitations use selectively-emphasized text and graphics to create the false overall impression that recipients are receiving notices that they are already winners of substantial awards. In reality, not only have recipients not won any prize, the mailers have done nothing to verify that the recipients are eligible for such a prize.
An investigation by United States Postal Inspection Service agents and the United States Attorney’s Office revealed that sweepstakes solicitations were sent to recipients in forty-one states. Many victims interviewed stated that they were contacted numerous times and were led to believe that they had won substantial sums of money and/or valuable prizes. Each time, victims were instructed to submit processing fees of between $20 and $30 dollars in order to claim their winnings. Some elderly victims sent well over a thousand dollars to the defendants in response to multiple solicitations.
The investigation conservatively estimated the number of responses and payments received in response to the solicitations at nearly 50,000 per year.
The matter is being litigated by Assistant United States Attorneys Denise M. Barton, Ly T. Chin, and Zachary A. Cunha.
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Teacher in Federal Custody After Seeking Sex with A MinorRead the Press Release
LOUISVILLE, Ky. – A Louisville, Jefferson County Public Schools teacher has been charged in a criminal complaint, and detained as ordered by United States Magistrate Judge Regina S. Edwards for attempting to entice a minor to engage in sexual activity, announced United States Attorney Russell M. Coleman.
Brandon Lee Dietz, 37, was placed in the custody of the U.S. Marshals Service on Friday.
According to a criminal complaint filed on November 30, 2018, law enforcement became aware of Dietz’s actions on November 19, 2018, when an undercover investigator, authorized by the Kentucky Attorney General’s Department of Criminal Investigations, posing as a 14-year-old girl, was contacted over KiK messenger by an unknown subject. A conversation developed which was made sexual by the subject, including a request for sexual images, and a request to meet in person to engage in sex acts. The subject, later revealed through investigatory techniques to be Brandon Dietz, also sent two “live” images of himself to what he believed to be the 14-year old, but was actually an undercover investigator. The conversation between Dietz continued through the night of November 20, and into the next day. On November 21, 2018, the undercover agent agreed to meet Dietz in Jeffersontown, Kentucky.
Law enforcement set up surveillance in the area where the undercover agent set up to meet Dietz. The Defendant, driving a blue Honda Civic, passed one of the unmarked law enforcement vehicles. Shortly thereafter, Deitz texted the undercover agent and said he believed he was being “set up.” Deitz specifically identified areas where, in fact, unmarked law enforcement vehicles were sitting. Officials moved their vehicles, and the Defendant entered the subdivision where the meeting place was set. The vehicle immediately turned around within sight of a previously identified law enforcement vehicle and left the neighborhood at a high rate of speed. The vehicle did not come to a complete stop at the posted stop sign. The undercover investigator initiated a traffic stop, however, the vehicle did not immediately stop in spite of the use of lights and siren. When Dietz stopped the undercover investigator recognized the Defendant from images sent during the KiK communications.
In a post-Miranda interview with Dietz he admitted to traveling to the area to meet a “girl” he met online. According to the criminal complaint, Dietz admitted to having a sexual conversation with the UC after learning she was a minor, and acknowledged driving to Jeffersontown with the intent to have sex with the underage girl.
Assistant United States Attorney Jo E. Lawless is prosecuting the case. The Kentucky Attorney General’s Office – Department of Criminal Investigations conducted the investigation with support from the United States Secret Service.
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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.
Target Corporation to Pay $3,000,000 to Resolve False Claims Act Allegations Concerning Auto Refilling Medicaid Prescriptions in MassachusettsRead the Press Release
United States Attorney Erica H. MacDonald and Massachusetts Attorney General Maura Healey today announced that Target Corporation has agreed to pay a total of $3,000,000 to resolve allegations that it violated the federal False Claims Act and Massachusetts False Claims Act by submitting claims for payment to Massachusetts’ Medicaid program in violation of rules prohibiting Medicaid prescriptions from being automatically refilled.
Massachusetts’ Medicaid program, called MassHealth, is jointly funded by the federal government and the Commonwealth of Massachusetts to provide health care to low-income individuals. Along with at least 20 other states, Massachusetts does not allow pharmacies to automatically refill prescriptions paid for by Medicaid without an explicit request from the beneficiary for each refill. This policy provides an important control against wasted or unnecessary prescriptions that are reimbursed by taxpayer funds.
According to the allegations in the complaint, Target pharmacies knowingly and routinely enrolled MassHealth beneficiaries in the company’s auto-refill program, and billed MassHealth for prescriptions in violation of the state’s regulation prohibiting the practice. This practice continued until Target sold its pharmacy business to CVS Health in or around December 2015.
“This resolution demonstrates our ongoing commitment to ensuring compliance with rules that are specifically designed to protect taxpayer funds and prevent wasted medications,” said United States Attorney Erica H. MacDonald.
"Unauthorized automatic refills can result in inappropriate prescription drug use and wastes taxpayer dollars," said Massachusetts Attorney General Maura Healey. "This settlement will bring money back to our state and will help ensure that our health care resources reach those who need them the most."
This settlement resolves allegations filed in a civil lawsuit originally brought by a whistleblower under the qui tam provisions of the federal False Claims Act and Massachusetts False Claims Act, which allow private parties to bring suit on behalf of the government for false claims and to share in any recovery. The government often relies on whistleblowers to bring fraud schemes to light that might otherwise go undetected.
In this civil settlement, Target has denied the allegations of wrongdoing and False Claims Act liability. Target cooperated with the government’s investigation of this matter.
The case was handled by the Civil Division of the U.S. Attorney’s Office for the District of Minnesota and the Medicaid Fraud Control Unit of the Massachusetts’ Attorney General’s Office.
The case is United States of America, State of Minnesota, Commonwealth of Massachusetts, State of New York, and Commonwealth of Virginia, ex rel. Ryan Mesaros v. Target Corp., Civil No. 15-CV-2684 (PAM/TNL). The claims resolved by the settlement are allegations only; there has been no determination of liability.
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Selma Resident Receives 7 Years in Prison for Being a Felon in Possession of a FirearmRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces today that United States District Judge William H. Steele sentenced Daryl Dewayne Struggs, 35, a resident of Selma, Alabama, to imprisonment for eighty-four months for being a felon in possession of a firearm. As part of the sentence, the judge ordered that Struggs undergo three years of supervised release after finishing his term of imprisonment, pay a $100 mandatory special assessment, and undergo substance abuse and mental health treatment as directed by the U.S. Probation Office.
According to documents filed with the court as part of his guilty plea and the court’s pronouncements at sentencing, Struggs is a convicted felon who is barred by federal law from knowingly possessing firearms or ammunition. He was previously convicted in the Circuit Court of Dallas County, Alabama of Unlawful Possession of Marijuana in the First Degree, Burglary in the Third Degree, and Robbery in the First Degree.
Around 8:18pm on March 28, 2017, Selma Police Department officers responded to an address on Twenty Foot Avenue in Selma concerning gun shots fired and two shooting victims. According to witnesses, the suspects were driving a blue Lincoln Town car. Around 10:55pm, Selma Police Department Detective Willie Calhoun was driving to the crime scene when he saw a blue Lincoln Town car speeding on Highway 80 toward the Edmund Pettus Bridge in Selma. He stopped the vehicle. Struggs was the passenger and co-defendant Danny Jamal Tate was the driver.
Officers searched the vehicle. They recovered one round of ammunition from between the driver’s seat and passenger’s seat. Under the passenger seat, officers found a Smith & Wesson 9mm pistol. When Calhoun found the firearm, the slide was locked to the rear and the magazine was empty. Officers also found a second Smith & Wesson 9mm pistol in the vehicle. This pistol was loaded with a round in the chamber and thirty-four rounds in the extended magazine. Struggs knowingly possessed the two pistols, both of which were manufactured outside the State of Alabama.
At sentencing, Senior Judge Steele observed that the firearms were used in the shooting and underscored the serious nature of Struggs’s offense. Tate and Struggs have pending state charges in connection with the shooting.
On July 26, 2018, a federal grand jury for the Southern District of Alabama charged Struggs and Tate with one count each of being a felon in possession in violation of 18 U.S.C. § 922(g)(1). On September 14, 2018, Struggs pleaded guilty before Senior Judge Steele to being a felon in possession.
Tate remains at large. He has a pending federal warrant for his arrest.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Selma Police Department investigated the case. Assistant United States Attorney Sinan Kalayoglu prosecuted the case.Saratoga County Man Sentenced for Lying During Attempt to Buy a GunRead the Press Release
ALBANY, NEW YORK – Michael Bramer, Jr., age 32, of Saratoga County, New York, was sentenced yesterday to time served (42 days in jail) and 3 years of supervised release for knowingly making a false statement to a licensed dealer in connection with the attempted acquisition of a firearm.
The announcement was made by United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York Field Division.
A jury convicted Bramer following a 2-day trial in August 2018. Evidence presented during the trial established that on October 24, 2016, Bramer lied on a Federal Firearm Transaction Record – also known as an ATF Form 4473 – in connection with his attempt to buy a Savage .243 Axis rifle.
When asked on the ATF Form 4473 whether he was “subject to a court order restraining you from harassing, stalking, or threatening . . . an intimate partner?” Bramer responded “No.” The jury found that Bramer knew he was subject to such a court order when, 11 days earlier, on October 13, 2016, he appeared in Malta Town Court and was issued a Temporary Order of Protection, ordering him to refrain from assaulting, harassing, stalking, threatening and committing any criminal offense against an intimate partner, which was signed by both Bramer and the judge.
At sentencing, Senior United States District Judge Gary L. Sharpe found that Bramer demonstrated that he intended to purchase the firearm solely for lawful sporting purposes.
This case was investigated by the ATF and prosecuted by Assistant U.S. Attorney Alicia Giglio Suarez.
Salinas Residents Charged with Murders and Other Racketeering Crimes in Salinas Gang CaseRead the Press Release
SAN JOSE - A federal grand jury returned murder charges against Anthony Valdez aka “Hitter,” aka “Tony Boronda,” and Kristopher Purcell, aka “K-Dawg,” announced United States Attorney Alex G. Tse and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The superseding indictment supplements charges brought October 11, 2018, against Purcell.
According to the indictment, Valdez, 21, and Purcell, 20, both of Salinas, Calif., are Norteño gang members and members of the Boronda Boys street gang. Valdez and Purcell, along with other Boronda Boys street gang members and associates, are accused of forming a “murder squad” that hunted and killed rival gang members, gang dropouts, and others who violated gang rules. The murder squad also targeted those perceived to be rival gang members and other persons when it suited the purposes of the gang.
In this case, Valdez and others are alleged to have murdered a victim on North Hebbron Avenue in Salinas on November 3, 2018. Valdez is charged with racketeering conspiracy, in violation of 18 U.S.C. § 1962(d); conspiracy to murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(5); murder in aid of racketeering, in violation of 18 U.S.C. §§ 1959(a)(1) and 2; use of a firearm during and in relation to, or possession in furtherance of, a crime of violence, in violation of 18 U.S.C. §§ 924(c)(1)(A) and 2; and use of a firearm causing murder, in violation of 18 U.S.C. §§ 924(j)(1) and 2.
Purcell is alleged to have murdered a victim on Fremont Street in Salinas on February 11, 2017. Purcell remains charged with attempting to murder two victims on Orchard Avenue in Salinas the next day, February 12, 2017. In sum, Purcell is now charged with racketeering conspiracy, in violation of 18 U.S.C. § 1962(d); conspiracy to murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(5); murder in aid of racketeering, in violation of 18 U.S.C. §§ 1959(a)(1) and 2; use of a firearm causing murder, in violation of 18 U.S.C. §§ 924(j)(1) and 2; two counts of attempted murder in aid of racketeering, in violation of 18 U.S.C. §§ 1959(a)(5) and 2; two counts of assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. §§ 1959(a)(3) and 2; and two counts of use of a firearm during and in relation to, or possession in furtherance of, a crime of violence, in violation of 18 U.S.C. § 924(c).
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
If convicted of murder in aid of racketeering, the defendants would face a mandatory sentence of life in prison or death. The remaining charges carry separate penalties. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Valdez was arrested and made an initial appearance in federal court today. He is scheduled to make his next appearance on December 27, 2018, for identification of counsel.
The prosecution is the result of an investigation conducted by the Salinas Police Department in partnership with the FBI.
Members of the public who have information regarding gang-related activities are encouraged to contact FBI San Francisco Division at 415-553-7400.
Rockport Man Pleads Guilty to Health Care Fraud and EmbezzlementRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Michael A. Morrison, 42, of Rockland, Maine, pleaded guilty in U.S. District Court to health care fraud and embezzlement from a health care benefit program.
According to court documents, between 2005 and 2016, the defendant was the manager of the Trade Winds Health, Swim and Tan Club in Rockland which also operated a physical therapy practice known as Coastal Physical Therapy. From 2014 through 2016, the defendant billed about $175,000 in false claims for reimbursement to Medicare, MaineCare, Anthem Blue Cross and Blue Shield and a Veterans Administration health care program. Some claims were false because the defendant exaggerated the length of time therapists spent with patients. He also made claims for appointments that were cancelled, for services that he provided even though he was not properly licensed, and using the names of therapists who were not working on the dates claimed.
The defendant also embezzled over $26,000 from the Health Club by using a Health Club credit card to pay for personal Amazon.com purchases and stole about $4,500 in cash that he failed to deposit to the Health Club’s bank account.
The defendant faces up to ten years in prison and a fine of up to $250,000 on each count. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
This case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General; the Maine Attorney General’s Office, Healthcare Crimes Unit; the Department of Veterans Affairs, Office of Inspector General; and the Rockland Police Department.
Rochester Man Accused of Taking A 14 Y/O Girl to NYC Illegally Charged with Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert Gonzalez, 42, of Rochester, NY, was charged by criminal complaint with production and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of 30 years.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that according to the complaint, on December 3, 2018, the Rochester Police Department received a 911 call from a mother regarding her missing 14-year-old daughter who had not been seen since December 1, 2018. The mother, who attempted to call her daughter’s cell phone several times without success, told police that her daughter left the house that day around 1:00 p.m. without her permission. The mother also told officers that she recently discovered that her daughter was in an inappropriate sexual relationship with her neighbor, Robert Gonzalez. The mother stated that she caught the defendant kissing her daughter in front of her house, and that her daughter confessed to her that she has been dating Gonzalez and that they had sex numerous times.
In addition, the mother stated that there were messages from her daughter’s Facebook account between her and the defendant indicating that they were in a sexual relationship. Messages included: “I love you,” “Come over,” and Gonzalez asking if they were going to make love to which the daughter responded, “yeah 100.” The mother also stated that a friend advised her that the defendant took her daughter to New York City. A Facebook photograph of the daughter and a New York City skyline in the background was posted to the daughter's account on December 2, 2018. A friend of Robert Gonzalez also told officers that Robert Gonzalez told him that he took the daughter to New York City but would not state exactly where in New York City.
An emergency trace was put on the defendant's cell phone which showed that he was in fact in New York City. An Amber Alert was issued and the FBI and NYPD assisted with the investigation and ultimately apprehended Robert Gonzalez. The defendant was apprehended on December 6, 2018, at the Red Carpet Inn in Brooklyn, NY.
At the time of his arrest, officers seized Gonzalez’s cell phone. A search of the recovered numerous videos, taken between November 12, 2018, and November 19, 2018, of the defendant engaging in sexual activity with the daughter.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson.
The criminal complaint is the result of an investigation by the Rochester Police Department, under the direction of Chief Mark Simmons, the Federal Bureau of Investigation, under the direction Special Agent-in-Charge Gary Loeffert, and the New York Police Department, under the direction of Chief Terence Monahan.
The fact that a defendant has been charged with a crime is merely an accusation, and the defendants are presumed innocent until and unless proven guilty.
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Richmond County sweep nets indictments in Augusta's highest-crime areaRead the Press Release
AUGUSTA, GA – Indictments unsealed Tuesday, Dec. 11, in U.S. District Court in Augusta charged 20 people with violations of federal narcotics and firearms possession laws.
Operation 30906, which coordinated federal, state and local agencies through the U.S. Department of Justice Project Safe Neighborhoods and the FBI Safe Streets Gang Task Force, targeted offenders in Augusta’s highest-crime area. The operation is in response to the U.S. Attorney General’s call to fight violent crime by finding and removing “alpha” criminals in communities suffering from a disproportionate level of criminal activity, said U.S. Attorney Bobby L. Christine.
All of those named in the federal indictments have prior felony convictions and now face charges ranging from possession of controlled substances with intent to distribute, to possession of firearms by convicted felons or those conducting drug crimes. One defendant also is charged with counterfeiting United States currency. Cocaine, methamphetamine and marijuana were seized during the operation, along with at least 29 firearms and approximately $1,000 in counterfeit money.
The defendants charged are:
Lequita Brady, 29, Augusta;
Jeffrey Brown, 46, Augusta;
Alphonso Burley, 27, Augusta;
Quinton Clayton, 24, Augusta;
Marty Copeland, 44, Augusta;
Adrian Curry, 39, Augusta;
Michelle Davis, 29, Augusta;
Jarmhal Gibson, 30, Augusta;
Drequan Gray, 24, Augusta;
Anthony Habersham, 54, Augusta;
Marquis Jones, 29, Augusta;
Charles King, 36, Hephzibah;
Dustin McClellan, 23, Augusta;
Von McNeely, 31, Augusta;
Keto “Silk” Morgan, 37, Augusta;
Matthew Nattinger, 39, Augusta;
Kaone Riley, 29, Allendale, S.C.;
Alvin Sturgis, 31, Augusta;
Tomario “Jabo” Thomas, 31, Augusta; and,
Dana Williams, 34, Augusta.
Additional defendants arrested during Operation 30906 face state charges, including aggravated assault, armed robbery, kidnapping and firearms offenses. Those arrested include:
Terry Stanley, 40, Augusta;
Shawn Khaaliq Holliman, 20, Augusta;
Deondre Ware, 25, Augusta;
Marqueen Mays, 33, Hephzibah;
Alvin Bell, 20, Augusta;
Makale Austin Jones, 19, Augusta; and,
Devonte Bryant, 19, Augusta.
“The law-abiding citizens of the 30906 zip code in Augusta are victimized by a relative handful of criminals,” said U.S. Attorney Bobby L. Christine. “This operation is a vital step toward returning the security stolen by such lawless behavior.”
“The federal indictments and resulting arrests made by the FBI Safe Streets Gang Task Force, along with our law enforcement partners, is another example of our commitment to making our communities safer,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “That commitment doesn’t end with these arrests, as we will continue to devote significant investigative resources toward removing violent criminals from our neighborhoods, making them safer for law abiding citizens.”
Beau Kolodka, Assistant Special Agent in Charge of the Augusta Office of the ATF, said, “ATF will continue to work with our law enforcement partners to stem the flow of firearms from legal commerce into the hands of convicted felons, violent criminal organizations or any person who has an intent to negatively impact the safety of our communities and neighborhoods.”
“The Secret Service was proud to partner with the U.S. Attorney’s Office, Richmond County Sheriff’s Office, and other law enforcement agencies to indict a group of individuals who preyed on the citizens of Augusta,” said Kimberly A. Cheatle, Special Agent in Charge of the United States Secret Service, Atlanta Field Office.
“Through cooperation with local, state, and federal authorities we have been able to target violent offenders in South Augusta, an area that sees a significant amount of gun-related violent crime,” said Augusta Judicial Circuit District Attorney Natalie Paine. “This cooperation is the first step in removing individuals who chronically use and carry guns illegally.”
Sheriff Richard Roundtree emphasized that the No. 1 goal of the Richmond County Sheriff’s Office is the reduction of violent crime. “These indictments/arrests are a testament to the hard-working deputies of the Sheriff’s Office along with their federal and state partners,” Roundtree said. “The Sheriff’s Office will continue do everything possible to insure the safety/security of the Richmond County community and its citizens.”
A criminal indictment contains only charges. Defendants are presumed innocent unless and until proven guilty.
Agencies participating in Operation 30906 include the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Secret Service, the Georgia Bureau of Investigation (GBI), the Richmond County Sheriff’s Office, the Augusta Judicial Circuit District Attorney’s Office, and the United States Attorney’s Office for the Southern District of Georgia.
Project Safe Neighborhoods (PSN) brings together all levels of law enforcement to reduce violent crime and, nationwide, serves as the centerpiece of crime reduction strategies developed by all U.S. Attorney’s Offices.
Assistant United States Attorneys Tara Lyons, Hank Syms, and Alejandro V. Pascual IV, and Special Assistant United States Attorney Michael Marchman, are prosecuting the cases on behalf of the United States.
Postal Employee Charged with Stealing Mail ItemsRead the Press Release
ERIE, Pa. - A resident of Allegany, New York has been indicted by a federal grand jury in Erie on charges of theft of mail by postal employee, United States Attorney Scott W. Brady announced today.
The eighteen-count indictment named Bryant Richard, 29, as the sole defendant.
According to the indictment presented to the court, from in and around October 2018, to in and around November 2018, Richard, who was a postal employee, stole 18 items of mail which had been submitted to the Postal Service for delivery.
The law provides for a maximum total sentence of 90 years in prison, a fine of $4,500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The United States Postal Service, Office of Inspector General, conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Poplar man admits sex abuse chargeRead the Press Release
GREAT FALLS – Poplar resident Brian Douglas Eagle, 23, admitted sex abuse charges in federal court on Monday after he tried to assault the victim while she was taking a shower, U.S. Attorney Kurt G. Alme said.
Eagle pleaded guilty to abusive sexual contact.
U.S. District Judge Brian M. Morris presided at the hearing. Sentencing is set for March 21, 2019. Eagle is detained.
Eagle faces a maximum 10 years in prison, a $250,000 fine and five years to life supervised release.
If the case had gone to trial, the government would have presented the following information as evidence:
On Feb. 7, 2018 in Poplar, on the Fort Peck Indian Reservation, the victim was taking a shower by herself in her home when she saw a shadow. Eagle entered the shower. He was naked and pushed the victim to a corner of the shower. Eagle then had the victim touch him before letting her get out of the shower. The victim got dressed and ran to another house where she spent the night. The resident contacted law enforcement.
Assistant U.S. Attorney Paulette Stewart and Assistant U.S. Attorney Bryan Dake are prosecuting the case, which was investigated by the FBI and Fort Peck Law Enforcement.
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Pittsfield Woman Sentenced to 46 Months for Oxycodone and Heroin ConspiracyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Deborah Toothaker, 55, of Pittsfield, Maine, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to 46 months in prison and three years of supervised release for conspiring to distribute oxycodone and heroin. She pled guilty on July 23, 2018.
According to court records, between June 2015 and October 2016, Toothaker conspired with others to distribute oxycodone and heroin in the Newport, Maine area. The defendant obtained the heroin and oxycodone from out-of-state co-conspirators and sold it to customers from her residence and area motels.
Judge Woodcock said that the sentence was warranted because the defendant “chose to make money off other people’s misery.”
The case was investigated by the U.S. Drug Enforcement Administration and the Somerset County Sheriff’s Department and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
Pharmacy Tech Sentenced for Stealing Fentanyl from HospitalRead the Press Release
KANSAS CITY, KAN. – A former pharmacy technician was sentenced Monday to 3 years of probation for stealing fentanyl from a Kansas hospital where he worked, U.S. Attorney Steve McAllister said. In addition, he was ordered to pay more than $4,300 in restitution.
Heydon G. White, 37, Stilwell, Kan., pleaded guilty to one count of unlawfully obtaining fentanyl. In his plea, he admitted he stole fentanyl from the University of Kansas Hospital, where he worked as a pharmacy technician. His duties included stocking computerized cabinets known as AcuDose machines and removing expired medication for disposal. An internal audit determined White was responsible for a high number of transactions involving intravenous bags of fentanyl and saline solution. The Kansas Board of Pharmacy revoked his license, citing the theft of 483 bags of fentanyl.
McAllister commended the Drug Enforcement Administration and Assistant U.S. Attorney Trent Krug for their work on the case.
Owner and Officers of Japanese Fishing Vessel Charged with Unlawful Trafficking and Smuggling of Shark FinsRead the Press Release
HONOLULU – The owner and officers of a Japanese-flagged fishing vessel were charged in federal court today with aiding and abetting the trafficking and smuggling of 962 shark fins into and out of Hawaii on November 7, 2018.
According to court documents and information presented in court, the Japanese-flagged fishing vessel, M.V. Kyoshin Maru No. 20, engaged in longline tuna fishing in the southern Pacific Ocean for approximately one year. The officers were Japanese nationals, and the fishermen were Indonesian nationals. During the voyage, the fishermen harvested fins from approximately 300 sharks, in some instances while the sharks were stunned but still alive, and discarded the finless carcasses into the ocean, all under the supervision of the Captain, and at the direction of the Fishing Master and First Engineer. The Captain, Fishing Master, First Engineer, and many of the Indonesian fishermen all kept shark fins to take home with them.
On or about November 6, 2018, the Kyoshin Maru traveled to a location near Honolulu, Hawaii, but more than 12 miles from shore, where it met a water taxi that had been arranged by a Vessel Agent from a local marine navigation corporation. The Indonesian fishermen disembarked the Kyoshin Maru and boarded the water taxi. The Kyoshin Maru then left for Japan with the Captain, Fishing Master, and First Engineer onboard, still in possession of shark fins. Meanwhile, the Indonesian fishermen traveled to Pier 36, where they legally entered the United States for the purpose of traveling in the custody of the Vessel Agent to Honolulu International Airport, in order to board previously-ticketed flights to Indonesia.
During routine screening, officers with the Transportation Security Administration discovered shark fins in checked luggage. Upon discovering the shark fins, TSA immediately notified the U.S. Fish and Wildlife Service, which determined the checked luggage belonged to 10 of the Indonesian fishermen and included approximately 190 pounds of shark fins, which is worth as much as $57,850 on the black market.
Some of the shark fins were from oceanic whitetip sharks, which are listed as threatened species under the Endangered Species Act and are protected under the Convention on International Trade in Endangered Species (CITES), an international convention with over 180 parties, including the United States, Japan and Indonesia. According to the National Oceanic and Atmospheric Administration, the oceanic white tip shark has declined by approximately 80-95% across the Pacific Ocean since the mid-1990s. Other fins were from silky sharks and bigeye thresher sharks, which are also protected under the CITES Convention.
The 10 Indonesian fishermen were subsequently charged in a criminal complaint in United States v. Abdurahman, et. al., Mag No. 18-01253 (D. Haw. 2018), and are currently released on pretrial supervision. The criminal complaint filed today brings charges against five additional defendants: Hamada Suisan Co., Ltd, the Japanese business that owned and operated the vessel; JF Zengyoren, a Japanese fishing cooperative to which the vessel belonged; Hiroyuki Kasagami, the Captain of the vessel; Toshiyuki Komatsu, the Fishing Master of the vessel; and Hiroshi Chiba, the vessel’s First Engineer. The three Japanese nationals charged were not arrested because they never entered the United States. They remain at large, presumably in Japan.
The charges filed today include four counts of aiding and abetting violations of the Lacey Act, which each carry a maximum term of 5 years imprisonment; three counts of aiding and abetting the Smuggling of Goods Into the United States, which each carry a maximum term of 20 years imprisonment; and four counts of aiding and abetting the attempted Smuggling of Goods From the United States, which each carry a maximum term of 10 years imprisonment. The two corporate defendants each face a maximum fine of $500,000 per count, or $5.5 million. The three individual defendants each face a maximum fine of $250,000 per count, or $2.75 million. The charges in the criminal complaint are merely allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. If the defendants are ultimately convicted of any offense, the sentencing will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
In announcing the charges, U.S. Attorney for the District of Hawaii Kenji M. Price stated: “Shark finning is unlawful and takes a very real toll on our precious ocean ecosystem. My office is committed to combatting this practice by prosecuting to the fullest extent of the law anyone found to be trafficking in shark fins.”
United States laws prohibit, within U.S. jurisdiction: the removal of any fins of any shark at sea; the possession of such fins aboard a fishing vessel that are not attached to the corresponding carcass; and the transfer or landing of any such detached fin. Some of these laws implement U.S. obligations under international conventions. In addition, the laws of the State of Hawaii make it unlawful for any person to possess, sell, offer for sale, trade, or distribute shark fins. Due in part to the over-harvest of sharks, some species of shark—including three species found among the fins at issue in this case—are protected under the CITES Convention.
This case is being investigated by the U.S. Fish and Wildlife Service, Office of Law Enforcement, with assistance from: the National Oceanic and Atmospheric Administration, Office of Law Enforcement; Homeland Security Investigations; U.S. Customs and Border Protection; the U.S. Postal Inspection Service; and the U.S. Coast Guard. It is being prosecuted by Assistant U.S. Attorney Marc A. Wallenstein, U.S. Attorney’s Office for the District of Hawaii, and Senior Counsel for Wildlife Programs Elinor Colbourn, Environmental Crimes Section, U.S. Department of Justice. The prosecution team is coordinating with the U.S. Department of State on this matter.
Oklahoma Man Convicted of Defrauding Vinita Bank of $177,000Read the Press Release
TULSA, Okla. – A former bank loan officer pleaded guilty today in U.S. District Court to defrauding Oklahoma State Bank, in Vinita, of more than $177,000, announced U.S. Attorney Trent Shores.
Charles Lee Enyart, 46, of Vinita, pleaded guilty to two counts of embezzlement and willful misapplication by a bank officer.
Enyart admitted to embezzling funds from November 2016 to December 2017 while employed at the bank. On Nov. 28, 2016, Enyart received $99,000 based on a false loan application to purchase cattle that he submitted under another individual’s name. Later, from September to December 2017, Enyart made multiple cash withdrawals and purchased cashier’s checks, using proceeds from a separate construction loan. Enyart withdrew the money under false pretenses, stating the money was to be used for the benefit of the individual who had applied for the loan. In both instances, he admitted to knowing the loans were insured by the Federal Deposit Insurance Corporation (FDIC) and that he used the money for his own personal benefit.
“Charles Enyart lacked the integrity required for the position the bank entrusted to him. He used the good names of individuals in the Vinita community for his own personal gain, taking out loans in their names or stealing funds from their accounts,” said U.S. Attorney Trent Shores. “Prosecuting white collar crime is a priority for the Department of Justice. My Assistant U.S. Attorneys will continue to prosecute individuals, like Mr. Enyart, who break the law by committing embezzlement and fraud and work to recover funds for their victims.”
U.S. District Chief Judge Gregory K. Frizzell accepted the guilty plea and set sentencing for March 11. At that time, Enyart faces a possible maximum penalty of 30 years in prison, a $1 million fine, and five years of supervised release.
The FBI and Craig County District Attorney’s Office conducted the investigation. Assistant U.S. Attorney Joe Wilson prosecuted the case.
Northfield Woman Sentenced to 37 Months for Participating in A Fentanyl Trafficking ConspiracyRead the Press Release
CONCORD, N.H. – Alicia Morin, 31, of Northfield, New Hampshire, was sentenced on Monday to serve 37 months in prison for participating in a conspiracy to distribute, and possession with intent to distribute, fentanyl, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, during an ongoing drug trafficking investigation that included wiretaps of certain telephones, investigators learned that on March 9, 2018, Morin intended to travel from New Hampshire to a location in Massachusetts to purchase fentanyl. Agents conducted surveillance in the area of the transaction and observed a hand-to-hand exchange between a known drug trafficker and the front right seat passenger of the vehicle. The vehicle left Massachusetts and agents followed it directly to New Hampshire. A New Hampshire State Trooper stopped the vehicle for traffic violations and identified Morin as the front seat passenger. Approximately 31 grams of fentanyl were located in the vehicle. Some of the fentanyl was hidden in her bra. The investigation revealed that from February 23, 2018, and continuing through April 5, 2018, Morin ordered fentanyl on multiple occasions from the drug distributors in Massachusetts.
Morin previously pleaded guilty on August 27, 2018.
“The transportation of fentanyl into New Hampshire has exposed our citizens to tragic consequences” said U.S. Attorney Murray. “In order to stop the flow of this deadly drug and protect the public, we will continue to identify, arrest and prosecute those who bring fentanyl into the Granite State. Traffickers should be aware that they face substantial prison terms if they continue with their illegal trade”.
“New Hampshire is in the midst of a devastating opioid crisis, as deaths from fentanyl climb,” said DEA Special Agent in Charge Brian D. Boyle. “The DEA will continue to use every resource available to identify those, like Ms. Morin, who are contributing to the crisis. Today’s sentence not only holds Ms. Morin accountable for her crimes but serves as a warning to those traffickers who are fueling the opioid epidemic.”
The case was a collaborative investigation that involved the DEA; the New Hampshire State Police; the Hillsborough County Sheriff’s Office; the Nashua Police Department; the Massachusetts State Police; the Massachusetts Attorney General’s Office; the New Hampshire Attorney General’s Office; the Essex County District Attorney’s Office; the Internal Revenue Service; Immigration and Customs Enforcement’s Homeland Security Investigations; United States Customs and Border Protection Boston Field Office; the United States Marshals Service; the United States Department of State’s Diplomatic Security Service; the Manchester Police Department; the Lisbon Police Department; the Littleton Police Department; the Seabrook Police Department; the Haverhill (MA) Police Department; the Methuen (MA) Police Department; the Lowell (MA) Police Department; and the Maine State Police.
The case is being prosecuted by Assistant United States Attorneys Georgiana L. Konesky, Seth R. Aframe and Debra M. Walsh.
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
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New York Man Sentenced to Prison in Fraudulent Tax Refund SchemeRead the Press Release
In the Eastern District of North Carolina, a New York resident was sentenced to serve 46 months in prison for conspiring to defraud the United States, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to court documents, Elias Amador was involved in a large-scale fraudulent tax refund scheme using the stolen identities of Puerto Rican citizens. Tax fraud schemes sometimes use Puerto Rican Social Security numbers because individuals living in Puerto Rico are generally not required to file income tax returns. Consequently, these individuals are not alerted if someone uses their personal information to file fraudulent income tax returns.
From approximately 2010 to 2012, Amador and others conspired to cash more than $750,000 in refund checks generated by fraudulent tax returns. Amador obtained the refund checks, which were issued to addresses in New York and New Jersey, and cashed them using a runner and two check cashers in North Carolina. Amador’s three co-conspirators previously were convicted and sentenced to prison.
In addition to the term of imprisonment imposed, United States District Judge Louise W. Flanagan also ordered Amador to serve 3 years of supervised release and to pay $762,217 in restitution to the IRS.
Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorney Lauren Archer of the Tax Division, who prosecuted the case. Principal Deputy Assistant Attorney General Zuckerman also thanked the U.S. Attorney’s Office for the Eastern District of North Carolina for their assistance.
Nevada Pain Management Doctor Pleads Guilty to Unlawful Distribution of OpioidsRead the Press Release
LAS VEGAS, Nev. – A Las Vegas pain management doctor pleaded guilty Monday in federal court for unlawfully prescribing opioids, announced U.S. Attorney Dayle Elieson of the District of Nevada.
Dr. Steven A. Holper, 67, pleaded guilty to distribution of a controlled substance. He was indicted in February of this year. United States District Judge Jennifer A. Dorsey accepted the guilty plea. A sentencing hearing was scheduled for March 19, 2019. The statutory maximum penalty for distribution of a controlled substance is 20 years in prison and a $1,000,000 fine.
Holper, who has been a licensed physician in Nevada since 1990, admitted that between July 2015 and March 2016, he unlawfully prescribed Fentanyl, Oxycodone, and Hydrocodone to his patients outside the proper standard of care, and without a legitimate medical purpose. He routinely prescribed these highly addictive opioids to patients who did not have a medical necessity for the prescriptions. Holper’s actions contributed to the opioid epidemic in Nevada and elsewhere.
In 2016, there were 408 opioid-related deaths in Nevada, according to the Nevada Department of Health and Human Services. In 2016, Nevada’s per capita prescription rate for opioids was 87/100 residents. Nevada ranked as the sixth highest state for the number of milligrams of opioids distributed per adult, according to a DEA study.
The case was investigated by the DEA, the FBI, the Office of Inspector General of the U.S. Department of Health and Human Services, and the Henderson Police Department. Assistant U.S. Attorney Kilby Macfadden is prosecuting the case.
If you have a tip or information about illegal sales or distribution of prescription opioids, including Fentanyl, Oxycodone, and Hydrocodone by doctors and pharmacies, call the DEA at 1-877-RX-Abuse (792-2873) or contact the FBI at tips.fbi.gov.
For information about the harmful effects of illicit drug use, visit www.JustThinkTwice.com for teens and www.GetSmartAboutDrugs.com for parents, educators, and caregivers.
The Opioid Fraud and Abuse Detection Unit is a program that utilizes data to help combat the devastating opioid crisis. The District of Nevada was selected as one of 12 districts nationally to participate in the pilot program. The District of Nevada has assigned an experienced prosecutor that focuses solely on investigating and prosecuting health care fraud related to medical professionals who prescribe opioids, that unlawfully divert of dispense prescription opioids for illegitimate purposes.
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NASA Facility Chief Guilty of Receiving Illegal GratuitiesRead the Press Release
NORFOLK, Va. – A Snow Hill man pleaded guilty today to receiving gratuities in exchange for official acts performed in his capacity as a government official, and to stealing funds from a government contract.
According to court documents, Steven Eric Kremer, 53, was the Chief of the Range and Mission Management Office at the National Aeronautics and Space Administration’s (NASA) Wallops Flight Facility (WFF). In that position, Kremer was responsible for administering the Range Operations Contract (ROC) – a multi-year government contract intended to provide services at test facilities and launch control centers. For a one-week period during each of the summers between 2008 and 2015, Kremer was provided the free use of a vacation home located on the Eastern Shore of Virginia, owned by an employee of a ROC subcontractor. In exchange, Kremer facilitated the selection of the subcontractor’s firm to supply interior design services and office furniture for WFF. Kremer also utilized ROC funds to purchase gift cards for his personal use, and to obtain a piece of personalized art.
Kremer pleaded guilty to receipt of gratuities by a public official and theft of government funds, and faces a maximum penalty of 10 years in prison when sentenced on March 27, 2019. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Paul K. Martin, National Aeronautics and Space Administration (NASA) Inspector General, and Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after Senior U.S. District Judge Henry Coke Morgan, Jr. accepted the plea. Assistant U.S. Attorneys V. Kathleen Dougherty and Stephen W. Haynie are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-163.
Mission Man Sentenced on Firearm ChargeRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Prohibited Person in Possession of a Firearm was sentenced on December 10, 2018, by U.S. District Judge Roberto A. Lange.
Sean Stinson, age 23, was sentenced to 21 months in federal prison, followed by 2 years of supervised release, forfeiture of two firearms, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Stinson was indicted by a federal grand jury on November 9, 2016. He pled guilty on September 20, 2018.
The conviction stemmed from an incident that occurred on August 28, 2016, following a traffic stop, where after making contact with Stinson, the officer smelled a strong odor of burnt marijuana. Following a search of the vehicle, two plastic baggies containing marijuana were found. Stinson revealed there was a firearm in the vehicle. Stinson is an unlawful user of, and addicted to a controlled substance, making it illegal for him to possess firearms.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
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 its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Meghan N. Dilges prosecuted the case.
Stinson was immediately turned over to the custody of the U.S. Marshals Service.
Milton Man Pleads Guilty to Possessing Heroin/Fentanyl MixtureRead the Press Release
HUNTINGTON, W.Va. – A Milton man caught with a heroin/fentanyl mixture that he intended to sell earlier this year pled guilty yesterday to a federal drug charge, announced United States Attorney Mike Stuart. Jeremy A. Kinder, 39, entered a guilty plea to possession with intent to distribute heroin in federal court in Huntington. Stuart commended the investigative efforts of the Huntington FBI Drug Task Force and the Cabell County Sheriff’s Department.
“Fentanyl is deadly,” said United States Mike Stuart. “And it’s being mixed with numerous illicit drugs, not just heroin. We are doing everything within our power to reduce overdose deaths – including prosecuting every readily provable fentanyl case in Cabell County as part of Operation Synthetic Opioid Surge (S.O.S.).”
On April 4, 2018, investigators executed a search warrant at Kinder’s residence located at 1113 Amos Street in Milton. Kinder was in his residence during the search and investigators found 29 grams of heroin in Kinder’s pocket. Investigators also found over $6,600 in cash and digital scales used to weigh heroin in Kinder’s residence. Kinder admitted that he intended to sell the heroin in the Milton area. Kinder also admitted that he had been distributing heroin in the Milton area over the previous four-month period and that he was responsible for the distribution of up to 400 grams of heroin. The heroin seized during the search was tested by a chemist with the West Virginia State Police Laboratory and was found to also contain fentanyl, a powerful opiate painkiller.
Kinder faces up to 20 years in federal prison when he is sentenced on March 18, 2019.
Assistant United States Attorney Joseph F. Adams is handling the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
This case is being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), a focused enforcement effort that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
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Miles City man admits firearms chargesRead the Press Release
BILLINGS—A Miles City man who admitted to making silencers pleaded guilty to four firearms violations during a federal court hearing on Monday, U.S. Attorney Kurt G. Alme said.
Brendan John Jones, 52, pleaded guilty to two counts of possession of a firearm not registered in the National Firearms Registration and Transfer Record and to two counts of possession of a firearm not identified by serial number.
U.S. Magistrate Judge Timothy J. Cavan presided. Sentencing is set for April 24, 2019. Jones is released.
Jones faces a maximum 10 years in prison, a $10,000 fine and three years supervised release.
If the case had gone to trial, the government would have presented the following information as evidence:
An investigation began in April 2018 when law enforcement received information that Jones was in possession of explosives and also making illegal silencers. Undercover agents met with Jones at his business, Jones Auto Detailing, and discussed explosives. Jones showed the agents dynamite that appeared to be old. The agents also asked about silencers for sale. Jones told the agents he made silencers out of Maglite flashlights and had made one from an aluminum baseball bat. The agents made preliminary arrangements to buy silencers and explosives.
On May 8, 2018, law enforcement executed a search warrant on Jones’ business. Officers found a shoe box labeled as containing dynamite, homemade explosive devices and other items on top of a soda machine. Officers also found two homemade silencers and a portion of another part used to make a silencer. One of the silencers appeared to be made from a baseball bat, while the other appeared to have been made from a bicycle part.
In an interview with law enforcement the same day, Jones confessed to possessing the explosives and silencers and to manufacturing the silencers. None of the silencers recorded contained serial numbers.
Assistant U.S. Attorney Zeno Baucus is prosecuting the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together federal, state, local and tribal law enforcement agencies and the communities they serve to reduce violent crime and make neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals.
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