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Tuesday 4 December 2018
Bridgeport Man Sentenced to 7 Years in Prison for Third Federal Gun ConvictionRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that FEDERICO CANNON, also known as “Rico,” 36, of Bridgeport, was sentenced today by U.S District Judge Stefan R. Underhill in Bridgeport to 84 months of imprisonment, followed by three years of supervised release, for illegally possessing a firearm, and for violating the conditions of his supervised release from a previous federal conviction.
According to court documents and statements made in court, on June 26, 2017, Cannon was released from federal prison after serving a 70-month sentence for possession of a firearm by a convicted felon. On July 31, 2017, while Cannon was on federal supervised release, Bridgeport Police received information that Cannon had a gun and was riding in a car in the area of the Trumbull Gardens housing complex in Bridgeport. Officers located and stopped the vehicle. After Cannon was removed from the car, officers located a 9mm semi-automatic SAR B6P handgun from the floor below the passenger seat where Cannon had been sitting. The gun was loaded with 16 rounds of ammunition.
Cannon has been detained since his arrest on July 31, 2017. On July 9, 2018, he pleaded guilty to one count of possession of a firearm by a convicted felon.
Judge Underhill sentenced Cannon to 60 months of imprisonment for the firearm offense, and a consecutive 24 months of imprisonment for violating the conditions of his supervised release.
This is Cannon’s third federal conviction for possession of a firearm by a convicted felon.
In the early morning hours of October 21, 2004, Cannon was in a car with three other individuals driving northbound on Interstate 95 between Norwalk and Bridgeport when they initiated a confrontation with another car occupied by two men. The confrontation culminated at the bottom of the Exit 25 ramp in Bridgeport when approximately seven or eight shots were fired at the victims’ vehicle. A subsequent search of the vehicle in which Cannon was a passenger revealed a semi-automatic pistol at Cannon’s feet in the right rear passenger seat of the vehicle. A jury in New Haven found Cannon guilty and, on April 12, 2006, he was sentenced to 42 months of imprisonment.
In the early morning hours of February 25, 2012, Bridgeport Police stopped a vehicle in which Cannon was a passenger on Caroline Street in Bridgeport. Cannon initially exited the vehicle and attempted to walk away, but police ordered him back into the car. After directing the driver out of the vehicle, a Bridgeport Police detective observed a 9mm semi-automatic pistol on the floor of the rear passenger area near where Cannon was sitting. The firearm was loaded with 10 live hollow-point cartridges and two full-metal jacket cartridges. A jury in Hartford found Cannon guilty and, on July 11, 2014, he was sentenced to 70 months of imprisonment, followed by three years of supervised release.
Cannon also has a state conviction stemming from a car stop by Bridgeport Police on June 6, 1999. On that date, officers located a .25 caliber semi-automatic handgun concealed under the right front passenger seat where Cannon had been sitting.
This matter was investigated by the Bridgeport Police Department’s Tactical Narcotics Team and the Federal Bureau of Investigation, with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by Assistant U.S. Attorney Rahul Kale.
This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Bradenton Man Sentenced to More Than 10 Years in Federal Prison for Downloading Child Pornography from the InternetRead the Press Release
Tampa, FL – U.S. District Judge Virginia M. Hernandez Covington has sentenced Adam Daniel Young (27, Bradenton) to 10 years and 1 month in federal prison for using the internet to download images and videos depicting child sexual abuse. Young was also sentenced to a lifetime of supervised release and was ordered to register as a sex offender.
Young had pleaded guilty on August 21, 2018.
According to court documents, the FBI began an investigation of Young after an undercover agent downloaded child pornography from Young’s Internet Protocol (IP) address. Law enforcement officers executed a search warrant at Young’s home and found more than 3,500 images and 75 videos depicting child sexual abuse on Young’s laptop computer.
This case was investigated by the FBI and the Charlotte County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Berkeley County man sentenced to more than 8 years for child pornography chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Christopher Lee Myers, of Bunker Hill, West Virginia, was sentenced Monday to 97 months incarceration for possessing child pornography, United States Attorney Bill Powell announced.
Myers, age 36, pled guilty to one count of “Possession of Child Pornography” in August 2018. Myers admitted to having child pornography on his computer in October 2017.
Myers will be on supervised release for 30 years after he completes his supervision.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Assistant U.S. Attorney Lara K. Omps-Botteicher prosecuted the case on behalf of the government. The West Virginia State Police investigated.
Chief U.S. District Judge Gina M. Groh presided.
Berkeley County man sentenced for firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Shawn D. Schell, of Hedgesville, West Virginia, was sentenced Monday to 21 months incarceration for a firearms charge, United States Attorney Bill Powell announced.
Schell, also known as “Shaun D. Schell,” age 37, pled guilty to one count of “Unlawful Possession of a Firearm” in August 2018. Schell, having previously been convicted of three felonies, admitted to having a .22 caliber rifle in November 2017 in Berkeley County.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Attorney General’s Office has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, the Attorney General’s Office announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
Chief U.S. District Judge Gina M. Groh presided.
Armed Cocaine Dealer Is Sentenced to More Than 10 Years on Drug and Gun ChargesRead the Press Release
STATESVILLE, N.C. – U.S. Attorney Andrew Murray announced today that Ashonta Eswaien Hammond, 41, of Hickory, N.C., was sentenced to 120 months in prison on drug and gun charges. U.S. District Judge Richard L. Voorhees also ordered Hammond to serve four years under court supervision, upon completion of his prison term. Hammond previously pleaded guilty to conspiracy to distribute and to possess with intent to distribute cocaine; possession with intent to distribute cocaine; possession of a firearm in furtherance of a drug trafficking crime; and possession of a firearm by a felon.
Robert J. Murphy, Special Agent in Charge of the Atlanta Field Division of the Drug Enforcement Administration (DEA), which oversees the Charlotte District Office, and Chief Thurman Whisnant of the Hickory Police Department join U.S. Attorney Murray in making today’s announcement.
According to filed court documents and today’s plea hearing, from December 2016 to May 2018, while investigating a drug conspiracy operating in and around Hickory, N.C., law enforcement identified Hammond as a cocaine and crack cocaine dealer in the area. Court records show that over the course of the investigation, Hammond engaged in multiple drug sales, while knowingly and unlawfully possessing a firearm. Hammond’s criminal history dates back more than two decades, and includes a federal drug conspiracy conviction, for which he was sentenced to 72 months in prison, and state convictions for larceny, assault on a female, domestic violence, and multiple traffic violations, among others.
Hammond is currently in federal custody. He will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
In making today’s announcement, U.S. Attorney Murray thanked the DEA and the Hickory Police Department for their investigation of the case.
This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition and violent and drug crimes that involve the use of firearms.
Assistant U.S. Attorney Sanjeev Bhasker, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
America's Highest per Capita Murder Rate Down 42% Through Project Safe NeighborhoodsRead the Press Release
FAIRVIEW HEIGHTS, ILL. – Today marks the one-year anniversary of the local implementation of Project Safe Neighborhoods (PSN) in East St. Louis, Illinois. The centerpiece of the Department of Justice’s violent crime strategy, PSN is a nationwide initiative that brings together federal, state, and local law enforcement officials, along with community leaders, to identify the most pressing violent crime problems and to develop comprehensive solutions to address them.
On December 4, 2018, the United States Attorney for the Southern District of Illinois, Steven D. Weinhoeft, held a press conference in conjunction with St. Clair County State’s Attorney Brendan Kelly, Illinois State Police Director Leo Schmitz, East St. Louis Police Chief Jerry Simon, and United States Marshal Brad Maxwell, along with representatives from the Federal Bureau of Investigation (FBI), Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the Drug Enforcement Administration (DEA).
US Attorney Weinhoeft said, "One year ago, the city of East St. Louis experienced the highest per capita murder rate in America, for the third straight year. Today, on the one-year anniversary of the local implementation of the Project Safe Neighborhoods strategy, I’m happy to report that the homicide rate has been cut by 42%. There is still much to do. But, today, we can be very proud of the progress that has been made."
PSN is built on three foundational principles. First, it is community based. The initiative recognizes that different communities have different dynamics. As such, each US Attorney is tasked with tailoring a strategy that makes sense for that particular district. Second, PSN is a targeted program that uses law enforcement and community resources to identify the most violent offenders for criminal enforcement. This second principle recognizes that the majority of violent crimes are perpetrated by a small number of persistent violent offenders. Third, the program is comprehensive. It seeks to sustain relationships between local, state, and federal law enforcement,
together with community groups, and with a focus on prevention and reentry strategies to disrupt the cycle of violence.
The US Attorney’s primary local PSN strategy has focused on leading bi-weekly case reviews at the East St. Louis police department with the law enforcement personnel who directly investigate violent crime cases. At those meetings, state, local, and federal law enforcement officials review every shooting incident and prioritize resources to focus on cases against the most persistent, repeat, violent offenders. State and federal prosecutors participate in the case reviews to help guide the investigations.
The Illinois State Police has supported law enforcement efforts for decades in the East St. Louis and Metro East areas. Over the past year, however, they have significantly increased their commitment by supporting the PSN initiative. The Illinois State Police has committed additional manpower to conduct proactive patrols, and they send crime scene investigators to process any scene involving a gun crime, whether or not the crime results in a fatality. This is a significant commitment considering East St. Louis receives roughly 1,300 calls each year for shots fired.
St. Clair County State’s Attorney Brendan Kelly said, "This is the kind of effort, with all the key agencies, consistently involved, that must be sustained over the long term if we are going to continue to move in the right direction. Law enforcement helps set the table for economic development by other parts of the community."
East St. Louis Police Chief Jerry Simon said, "I appreciate the support of the US Attorney’s Office and the St. Clair County State’s Attorney’s Office, as well as the support of each of the law enforcement agencies. This work is directly responsible for the decrease in the overall crime rate and for the significant reduction in the homicide rate. I look forward to continuing these relationships in the future."
US Attorney Weinhoeft said, "The challenges we face are great, but our resolve to meet those challenges is greater. One neighborhood at a time, and one shooter at a time, we are making the community safer. Today, that impact is most dramatically demonstrated by the 42% reduction in the homicide rate."
Monday 3 December 2018
‘Darknet’ Drug Dealer Sentenced to Five Years in PrisonRead the Press Release
A 38-year-old Tacoma, Washington man was sentenced today in U.S. District Court in Tacoma to five years in prison for conspiracy to distribute controlled substances, announced U.S. Attorney Annette L. Hayes. ALLEN D. LINT sold drugs via the so-called Dream Market Darknet marketplace between May 2016 and September 2017. When law enforcement served a search warrant at LINT’s residence they found more than 3600 doses of LSD as well as a variety of materials used to process Darknet orders from around the country. At the sentencing hearing U.S. District Judge Benjamin H. Settle imposed five years of supervised release to follow the prison term.
“This defendant was a 21st century drug dealer,” said U.S. Attorney Annette L. Hayes. “From the anonymity of the dark web, he filled more than 1700 drug orders for customers who paid with cryptocurrency. Despite his special encryption software and other efforts to hide his criminal conduct, law enforcement was able to unmask his identity and hold him to account.”
According to records filed in the case, LINT was identified by law enforcement after his address was uncovered in multiple other Darknet investigations. From as far away as Philadelphia investigators discovered drug shipments to LINT’s Tacoma address. When law enforcement served a court authorized search warrant on LINT’s residence, they found a variety of controlled substances, a scale, packaging material, materials reflecting a full-scale shipping operation, and a drug ledger indicating dozens of customers. Law enforcement also seized significant amounts of precious metals, cash, and multiple digital devices – all of which were forfeited pursuant to the court’s order.
LINT was indicted in April 2018, and pleaded guilty in September 2018 to conspiring with the administrators of Dream Market darknet marketplace to distribute LSD and other controlled substances.
The case was investigated by the U.S. Postal Inspection Service (USPIS) and Homeland Security Investigations (HSI).
The case was prosecuted by Assistant United States Attorney Thomas Woods and Special Assistant United States Attorney Joe Silvio. Mr. Silvio is an attorney with Homeland Security, specially designated to prosecute drug trafficking cases in federal court.
Yacht Captain Sentenced to Three Years in Prison for Misconduct or Neglect that Resulted in DeathRead the Press Release
On November 28, 2018, Mauricio Alvarez was sentenced to 33 months in prison by U.S. District Judge Cecilia M. Altonaga for his misconduct or neglect of a ship officer that resulted in the death of an individual, in violation of Title 18, United States Code, Section 1115 (Case No. 18-CR-20314).
Ariana Fajardo Orshan, U.S. Attorney of the Southern District of Florida, and Zinnia P. James, Special Agent in Charge, Coast Guard Investigative Service (CGIS), Southeast Region made the announcement.
According to the court record, including the agreed upon factual proffer, Alvarez, was the captain of the MIAMI VICE, a 91-foot performance yacht. Alvarez was hired to serve as captain during illegal charters on board the MIAMI VICE by the yacht’s owner, Laurent Marc-Antoine Jean Maubert-Cayla (Maubert-Cayla). The MIAMI VICE charter operation was illegal because, among other reasons, Alvarez did not have a valid United States Coast Guard license. In fact, Alvarez received a ticket from the United States Coast Guard in March of 2018 for operating a charter on board the MIAMI VICE without an appropriate Coast Guard license. In addition, Alvarez was heavily using cocaine during the period he served as captain on board the MIAMI VICE, and was filmed using cocaine by the owner of the MIAMI VICE as recently as March 29, 2018.
On April 1, 2018, Alvarez was captain of the MIAMI VICE during a paid charter. Alvarez drove the yacht at a high rate of speed and beached it on Monument Island, where the charter patrons, including victim “R.M.,” began to swim. Alvarez then decided to leave the Island, but did not ensure that everybody was on board the yacht before doing so. Alvarez started the yacht’s 4500 horsepower engines and accelerated them in reverse, directly to where the victim was swimming. The victim was caught in the MIAMI VICE’s propellers and killed.
On November 5, 2018, Maubert-Cayla pled guilty to misconduct or neglect of a ship owner that resulted in the death of an individual (Case No. 18-CR-20678). He is scheduled to be sentenced by U.S. District Judge Federico A. Moreno on January 10, 2019, at 9:30 a.m.
U.S. Attorney Fajardo Orshan commended the investigative efforts of CGIS in this matter. This case is being prosecuted by Assistant U.S. Attorney Daniel J. Marcet and Coast Guard Special Assistant U.S. Attorneys Phil Jones and Emily Rose.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Wilkinsburg Man Pleads Guilty in Crack Cocaine Distribution RingRead the Press Release
PITTSBURGH, Pa - A resident of Wilkinsburg, Pa., pleaded guilty in federal court to a charge of violating the federal narcotics laws, United States Attorney Scott W. Brady announced today.
Eric Cansler, 47, pleaded guilty to one count before United States District Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that Cansler conspired with others to distribute and possess with intent to distribute a quantity of cocaine base.
Judge Hornak scheduled sentencing for April 4, 2019 at 3 p.m. The law provides for a total sentence of not more than 30 years in prison, a fine of not more than $2,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Robert C. Schupansky is prosecuting this case on behalf of the government.
This prosecution is part of a long-term investigation by the FBI Greater Pittsburgh Safe Streets Task Force (GPSSTF), which targeted a large scale Drug Trafficking Organization operating in Butler, Beaver and Allegheny Counties. The GPSSTF is comprised of dedicated law enforcement professionals from the Wilkinsburg Police Department, Pennsylvania Attorney General’s Bureau of Narcotics Investigations, Allegheny County Sheriff’s Office, Allegheny County Police Department, Pittsburgh Bureau of Police and the FBI. The GPSSTF and the United States Attorney’s Office, Western District of Pennsylvania, would like to recognize the significant contributions made to this investigation by the Pennsylvania State Police, United Sates Postal Inspection Service, Cranberry Township Police Department and the New Brighton Police Department. Homeland Security Investigations also assisted in the investigation.
This 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.
West Yellowstone woman admits embezzling more than a half-million dollars from employerRead the Press Release
MISSOULA – A West Yellowstone woman admitted today in federal court to embezzling more than a half million dollars from her employer over a seven-year period, U.S. Attorney Kurt G. Alme said.
Ann Bennett Hermanson, 54, pleaded guilty to wire fraud during a hearing in Missoula.
U.S. Magistrate Judge Jeremiah C. Lynch presided. Judge Lynch set sentencing for April 12. Hermanson is released.
Hermanson faces a maximum 20 years in prison, a $250,000 fine and three years supervised release. A restitution agreement calls for Hermanson to pay $501,975.50.
If the case had gone to trial, the government would have presented the following information as evidence:
Hermanson worked for 15 years as a para-professional in the West Yellowstone office of a regional accounting and business services company. As a para-professional, Hermanson had access to bank account information and signature stamps for the company’s customers.
Starting in 2009 and continuing until April 2016, Hermanson embezzled about $630,327.88 from several accounts belonging to the company’s customers. She has repaid some of the money and has agreed to $501,975.50 restitution.
The thefts were discovered in April 2016 when a customer reported irregularities in her business account to the company’s corporate office.
Hermanson embezzled funds by writing checks to herself for personal credit card expenses and other bills and using customers’ signature stamps to sign the checks. She also obtained a duplicate credit card for one victim’s account and used it to make unauthorized purchases.
When approached by a company employee in April 2016 about suspicious transactions, Hermanson admitted to embezzling money. She also admitted the thefts to an FBI agent and identified five business accounts from which she stole money.
Assistant U.S. Attorney Timothy Racicot is prosecuting the case, which was investigated by the FBI.
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United States Attorney's Office to Hold Project Safe Neighborhoods (PSN) Press EventRead the Press Release
Steven D. Weinhoeft, United States Attorney for the Southern District of Illinois, in conjunction with St. Clair County State’s Attorney Brendan Kelly, East St. Louis Mayor Emeka Jackson-Hicks, Illinois State Police Director Leo Schmitz, United States Marshal Brad Maxwell, along with representatives from the Federal Bureau of Investigation (FBI), Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the Drug Enforcement Administration (DEA), announced today that there will be a press event held on Tuesday, December 4, 2018, at 10:00 am, at the Office of the United States Attorney for the Southern District of Illinois, located at Nine Executive Drive, Fairview Heights, IL, 62208, concerning progress made on the Project Safe Neighborhoods (PSN) initiative.
Members of the Media are advised to have press credentials and to arrive in sufficient time to allow for security screening prior to the event.
U.S. Attorney’s Office Recognized by the Commercial Appeal as a Memphis Area Top Workplace for 2018Read the Press Release
Memphis, TN - On Sunday, December 2, 2018, the United States Attorney’s Office for the Western District of Tennessee was named and recognized by The Commercial Appeal newspaper as a Memphis Area Top Workplace for 2018. For the sixth year, The Commercial Appeal partnered with Philadelphia-based Energage, an employee research and workplace culture consultant firm, to determine the Memphis area’s Top Workplaces based upon employee survey feedback.
This was the first year that the U.S. Attorney’s Office was nominated to participate in the Top Workplaces program for recognition as one of the "Best Places to Work" in Memphis, and was ranked 12th out of 28 companies, schools, government agencies and nonprofits selected as Top Small Workplaces in Memphis.
Energage measured performance along several factors, including: Alignment, Connection, Effectiveness, and Management. Survey data was compared to the average of similarly sized organizations in the region, and ranked based upon score. The employee engagement survey measured factors involving the foundation of an employee’s job, including pay and benefits, as well as factors involving the organization’s core fundamentals—its values, mission, and culture. To meet the Top Workplaces standard, employees must believe in where the organization is headed, how it will get there, and the feeling that everyone is united together in the mission.
U.S. Attorney D. Michael Dunavant said, "As the leader of our office, I believe that we are in fact one of the best places to work, and our selection and ranking as a Top Workplace reflects that in an outstanding way. At the U.S. Attorney’s Office, we take pride in employee engagement, job satisfaction, competitive pay and benefits, high performance and productivity, and a culture of excellence. The mission of the Department of Justice is one that our employees identify with and fully embrace, and we have some of the best and brightest of federal employees. Congratulations to the employees of the U.S. Attorney’s Office, and thanks to The Commercial Appeal for this wonderful honor and recognition."
Photo below: First Assistant United States Attorney Joe Murphy, who accepted the 2018 Top Workplaces Award on behalf of the office at the Awards Ceremony on November 29, 2018.
Three Convicted in Federal Court Following Armed Bank Robbery and Car Chase in North Myrtle BeachRead the Press Release
Florence, South Carolina ---- United States Attorney Sherri A. Lydon announced today that three defendants—Lance Hardiman, Justin Pressley, and Rodrick Berklery—were convicted in federal court for robbing the South State Bank in North Myrtle Beach, South Carolina, in May 2016.
Hardiman stood trial this week in United States District Court in Florence before District Court Judge R. Bryan Harwell. The jury returned guilty verdicts on all counts: armed bank robbery, witness tampering, being a felon in possession of a firearm, and two counts of using a firearm in furtherance of crimes of violence.
Evidence presented during the trial showed that on May 4, 2016, the three defendants—Hardiman, Pressley, and Berklery—armed with handguns and wearing gloves and masks, robbed the South State Bank in North Myrtle Beach. After entering the bank, Hardiman stood at the door while Pressley and Berklery fired their weapons and jumped over the counter. They forced the tellers to empty their tills into a bag, threatening the women’s lives. The men obtained over $30,000 and fled the bank. Bank employees were able to trip a silent alarm and place a dye pack in the bag, and they identified the type of car that the men got into as a silver Chevrolet Impala.
Responding to the call, a detective with the North Myrtle Beach Police Department saw a silver Impala with three men inside. The officer turned on his blue lights, and the Impala took off at high speeds. The officer followed the Impala for approximately five miles as Pressley fired an AK-47 out of the back window at the officer and Hardiman shot out of the passenger’s window. As the chase wound through a residential community, the suspects reached speeds of over 80 miles an hour while indiscriminately shooting at the officer and passing motorists.
Hardiman, Pressley, and Berklery proceeded towards Longs, where one of them lived. They kept firing at the officer, hitting his vehicle twice. One round missed the officer by less than an inch. The officer thought he had been hit and crashed his car.
The three men continued driving and encountered a lieutenant with the North Myrtle Beach Police Department, who deployed spike strips in an effort to end the high speed chase. Hardiman fired out the window at the lieutenant, hitting his car, as Berklery swerved to miss the spike strip. Berklery lost control of the car and drove it off the road. The three defendants then ran from the scene into a heavily wooded area.
A manhunt began, with North Myrtle Beach Police Department, Horry County Police Department, South Carolina Law Enforcement Division (SLED), South Carolina Department of Natural Resources (SCDNR), Myrtle Beach Police Department, and Federal Bureau of Investigation (FBI) all participating in the search. A perimeter was set, and within an hour law enforcement encountered Pressley hiding in some brush.
Tracking the other two suspects, law enforcement encountered two sets of footprints going into standing water wearing shoes. On the other side of the water, one set of footprints was still wearing shoes and the other was barefoot. Hardiman was captured several hours later walking out of the woods. He had stripped down to just shorts and had scratches and scrapes, apparently from running through brush. Berklery was captured approximately 11:30 p.m. in a junkyard wearing just his boxers and no shoes.
During the trial, it was revealed that two of the members of this robbery crew had previously robbed another bank in Horry County and a restaurant.
Following his conviction by a unanimous jury, Hardiman faces a mandatory minimum sentence of 35 years to run consecutive to any other sentences imposed and a maximum penalty of life in federal prison. Judge Harwell will sentence him after receiving and reviewing a presentencing report prepared by the United States Probation Office. Pressley pled guilty to using a firearm in furtherance of a bank robbery and witness tampering and agreed to a 25-year federal prison sentence. Berklery pled guilty to using a firearm in furtherance of a bank robbery and in furtherance of witness tampering and agreed to a 30-year sentence.
U.S. Attorney Lydon stated, “We will always support our local and state partners in ensuring that the most dangerous criminals are held accountable for their actions. This investigation, manhunt, and prosecution was the result of many wonderful agencies working in unison to ensure that the guilty were caught and convicted.”
Chief Deputy Solicitor for the 15th Circuit Scott Hixson said, “The case was successful due to the courage and persistence of all involved. From the bravery of the tellers, to the officers who chased and disabled the defendants, to the numerous agencies who participated in the manhunt – this outcome would not have been possible without so many people in the community coming together to hold the violent individuals accountable for their acts. We would like to thank our federal partners in FBI and the U.S. Attorney’s Office for their dedication to ensure a just outcome occurred.”
Chief Joseph Hill of the Horry County Police Department commented, “Although I was not Chief when this incident occurred, it remains that the men and women of law enforcement continue to keep their community safe in the most hazardous conditions. I’m very proud of the cooperation of every agency involved in the successful apprehension and prosecution of these very dangerous men. Every day, law enforcement officers stand ready to protect and serve, no matter the risk, to keep our community safe.”
The case was investigated by agents of the FBI, North Myrtle Beach Police Department, Horry County Police Department, SLED, SCDNR, Myrtle Beach Police Department, and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It was prosecuted as part of the joint federal, state, and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001 that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Turning the tide of rising violent crime in America is a top priority for the Department of Justice, which has reinstituted PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy.
Assistant United States Attorneys Jim May of the Columbia office and Derek Shoemake of the Florence office prosecuted the case, along with Special Assistant United States Attorney and Chief Deputy Solicitor of the 15th Circuit Scott Hixson.
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Thomas Andrew Malotte Sentenced to 130 Months in Federal Prison for Posession of Child PornographyRead the Press Release
KNOXVILLE, Tenn. - On November 30, 2018, Thomas Andrew Malotte, 54, of Sevierville, Tennessee, was sentenced by the Honorable Thomas A. Varlan, Chief U.S. District Judge, to serve 130 months in federal prison for possessing child pornography.
Upon his release from prison, Malotte will be supervised by the U.S. Probation Office for 10 years and be required to register with the sex offender registry in any state in which he resides, works, or attends school. Malotte was also ordered to pay $500 to each of his victims and forfeit his computer equipment used to obtain, store and access the illegal materials online.
Malotte pleaded guilty to a federal indictment in April 2018. Agents of the Internet Crimes Against Children Task Force ICAC) identified Malotte as a distributor of child pornography during online undercover operations.
This investigation was conducted by the Knoxville Police Department’s ICAC. Assistant U.S. Attorney Bart Slabbekorn represented the United States in court proceedings.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC 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 PSC, please visit www.projectsafechildhood.gov.
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Texas Source of Supply Sentenced to 174 Months for Trafficking CocaineRead the Press Release
Memphis, TN – A Brownsville, Texas man has been sentenced to 174 months imprisonment for conspiracy to distribute and distribution of 20 kilograms of cocaine. U.S. Attorney D. Michael Dunavant announced the sentence today.
According to information presented in court, on September 25, 2017, an agent with the West Tennessee Drug Task Force stoppedMelvin Bullock and Tellerick Simon for a traffic violation on I-40. During that stop, the agent became suspicious of Bullock after he gave several false answers and provided a fake driver's license. The agent utilized his canine, who was alerted to the presence of narcotics. A subsequent search revealed 20 individually wrapped bundles of cocaine located in the back seat. The total weight of the cocaine was approximately 50 pounds.
DEA agents traced the drugs to Jose Manuel Escobedo in Brownsville, Texas. The agents discovered Escobedo received the cocaine in Brownsville after it was smuggled over the border from Mexico. Escobedo would then send the cocaine to Houston, Texas, where he coordinated the retrieval by Bullock and Simon. The drugs came through Memphis en route to East Tennessee.
U.S. Attorney D. Michael Dunavant said, "Interstate 40 is a major drug trafficking corridor into and through West Tennessee. Disrupting drug trafficking organizations and interdicting the flow of poisonous drugs into our communities is a top priority of the U.S. Attorney’s Office, and we work with our federal, state, and local law enforcement partners to remain vigilant in the fight against foreign and domestic drug suppliers. Drug trafficking is not a victimless crime, and this significant federal sentence sends a message that such criminal activity will not be tolerated."
On November 30, 2018, U.S. District Court Judge Sheryl H. Lipman sentenced Escobedo to 174 months in federal prison. Simon pleaded guilty to trafficking 20 kilograms on June 14, 2018. Bullock pleaded guilty to the same crime on July 27, 2018.
This case was investigated by the West Tennessee Drug Task Force, an extension of the Shelby County District Attorney General's Office, and the Drug Enforcement Administration.
Special Assistant U.S. Attorney Joseph Griffith prosecuted this case on behalf of the government.
TCU Employee Sentenced for Stealing Money from Upward BoundRead the Press Release
A former Texas Christian University employee was sentenced today to five years in prison for theft of federal funds, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Margaret Faust, 69, who served as Assistant Director of TCU’s Upward Bound program for roughly 18 years, pleaded guilty in August to embezzling money from the program, which helps low-income high school students prepare for college.
According to court documents, Faust routinely pocketed cash from funds awarded to the university by the Department of Education. She stored the money – allotted for Upward Bound participant stipends – in a locked drawer inside her desk before depositing it in her personal checking account.
As part of her scheme, Ms. Faust instituted a program that allowed her to withhold the stipend money in $7 increments – about the cost of students’ bus fare, one former Upward Bound participant testified in court.
As a result of her conduct, TCU’s Upward Bound program was terminated.
Ms. Faust has paid back more than $210,000 – but it’s possible she stole significantly more than that, prosecutors told U.S. District Judge Reed O’Connor at her sentencing hearing today.
The Federal Bureau of Investigation and the U.S. Department of Education conducted the investigation. Assistant U.S. Attorney Megan Fahey prosecuted the case.
Suburban Pittsburgh Man Sentenced to 5 Years in Prison for Possessing MethRead the Press Release
PITTSBURGH, Pa. – A former resident of Scott Township, Pennsylvania, has been sentenced in federal court to a term of imprisonment of five years, to be followed by five years of supervised release on his conviction on charges of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
United States District Court Judge Mark R. Hornak imposed the sentence Friday on Charles D. Outcalt, Jr., 26.
According to information presented to the court, on July 29, 2016, Scott Township Police responded to a report of a home invasion in progress. Unbeknownst to police at the time, the reporting party was hallucinating. However, the front door was open and the lights were on inside so officers entered to clear the house for suspects. Officers observed the defendant and another individual in one of the bedrooms. Officers instructed both individuals to put their hands up, but the defendant kept reaching for a black backpack that was sitting on the bed.
Search incident to arrest, officers recovered a small baggie containing crystal methamphetamine from the defendant as well as $175.00 in his right pants pocket. Officers recovered a Cobra Enterprise pistol from the backpack. On the bed, officers saw a clear white pipe commonly used to smoke methamphetamine and an electronic scale with white residue. Officers obtained a search warrant and in various places in the bedroom, officers recovered glass bongs, a small plastic baggie that contained several crystal colored pieces of methamphetamine as well as crystal methamphetamine in an ashtray. Officers recovered a total of over 50 grams of pure methamphetamine from the residence.
Assistant United States Attorney Shanicka L. Kennedy prosecuted this case on behalf of the government.
The Scott Township Police Department and the Drug Enforcement Administration conducted the investigation leading to the Indictment in this case.
Springfield, Massachusetts Man Pleads Guilty to Heroin TraffickingRead the Press Release
CONCORD- Darrell Self, 44, of Springfield, Massachusetts, pleaded guilty in federal court to possession of heroin with intent to distribute, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on January 23, 2017, New Hampshire State Troopers conducted a traffic stop of a vehicle Self was driving on Interstate 95 near Portsmouth. During the course of the traffic stop, Self threw an object over the guardrail of the highway. Officers later recovered the object and determined that it was a bag containing approximately 40 grams of heroin. A subsequent pat-down search of Self revealed that he had a wad of cash totaling $1,106 in his pocket.
Self is scheduled to be sentenced on March 19, 2019.
“Drug trafficking continues to do tremendous damage to communities throughout New Hampshire,” said U.S. Attorney Murray. “Dealers who distribute deadly drugs in the Granite State will be arrested and prosecuted aggressively. I commend the New Hampshire State Troopers whose work led to the arrest and prosecution of this heroin trafficker.”
This matter was investigated by the New Hampshire State Police. The case is being prosecuted by Assistant U.S. Attorney Jarad Hodes.
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Soledad Gang Member Who Faked His Own Kidnapping Arrested in FresnoRead the Press Release
San Francisco - Jorge Jasso, 26, a Norteño street gang member, was arrested in Fresno, California on November 29, 2018 following his disappearance on October 22, 2018, announced United States Attorney Alex G. Tse and Federal Bureau of Investigation (FBI) Special Agent in Charge John F. Bennett. A federal grand jury indicted Jasso on September 27, 2018 along with fourteen other gang members for a broad range of racketeering crimes, including racketeering conspiracy, conspiracy to commit murder and assault in aid of racketeering, attempted murder in aid of racketeering, and assault with a dangerous weapon in aid of racketeering. Jasso was scheduled to appear in magistrate court in San Jose for a bail review hearing on October 22, 2018, the day he disappeared. His girlfriend, Kimberly Herrera Villacorte, called 911 that morning to report that unknown individuals had burst into Jasso’s residence, dragged her into a closet by the hair, and kidnapped him. The ankle monitor that had been placed on Jasso was found on the ground next to the residence. U.S. Magistrate Judge Virginia K. DeMarchi issued a bench warrant against Jasso for failing to appear before the Court on that date, as required.
Suspecting that this might be a hoax given a number of inconsistencies in Herrera’s account of the events, the FBI and local law enforcement agencies surveilled Herrera for almost six weeks, which eventually led them to Jasso. On November 29, 2018, Jasso and Herrera were in a Motel 6 in Fresno, California, and were seen entering a white GMC truck. When police tried to pull it over, the truck tried to escape and crashed into another vehicle. After the collision, Jasso jumped out of the truck and attempted to run from the police. After a short chase, Jasso was taken into custody and was found to be in possession of a concealed firearm. Jasso was arrested along with the other occupants of the vehicle, including Villacorte.
This morning, the United States Attorney’s Office filed a criminal complaint against Herrera, 22, charging her with making false statements to government agents, in violation of Title 18, United States Code 1001(a) and aiding and abetting failure to appear, in violation of Title 18, United States Code, Section 3146(a)(1) and 2. If convicted, Herrera faces up to five years in prison for lying to the FBI and up to ten years in prison for assisting Jasso in jumping bail, however, the Complaint filed today merely alleges that crimes have been committed, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt. In addition, any sentence following a 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.
Last week’s arrest and efforts to locate Jasso are the product of a coordinated effort by the FBI, the California Highway Patrol, the Soledad Police Department, the Salinas Police Department, the California Department of Corrections and Rehabilitation, Multi-Agency Gang Enforcement Consortium, and the Fresno Police Department.
Simsbury Man Sentenced to Prison for Multimillion Dollar Stranger-Originated Life Insurance SchemeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that DANIEL CARPENTER, 64, of Simsbury, was sentenced today by U.S. District Judge Robert N. Chatigny in Hartford to 30 months of imprisonment, followed by three years of supervised release, for defrauding insurance companies into issuing insurance policies on the lives of elderly people for the financial benefit of Carpenter and other investors in the scheme.
On June 9, 2016, Judge Chatigny found Carpenter guilty of 57 counts of conspiracy, mail and wire fraud, money laundering and illegal monetary transaction offenses stemming from the scheme, also known as a stranger-originated life insurance scheme. The verdict followed a bench trial that began on February 16, 2016 and concluded on March 21, 2016. Carpenter had waived his right to a trial by jury.
According to the evidence at trial, Carpenter controlled a series of companies, based in Simsbury and Stamford, that developed the Charter Oak Trust (the “Trust”), an employee welfare benefit plan and trust whose primary objective was to secure insurance policies on the lives of elderly individuals that could be held by Carpenter’s companies as investments, or resold on the life settlement market, which is a third-party market for life insurance policies. Typically, insurance agents working with, for, or on behalf of Carpenter and his companies approached elderly individuals (the “Straw Insureds”). The agents promised to provide the Straw Insureds with free life insurance for two years, and, at the end of the two years, would attempt to sell the policies on the life settlement market. In most cases, the agents promised the Straw Insureds that they would receive a portion of any sale proceeds.
The evidence at trial established that Carpenter, working with insurance agents, caused to be submitted to several insurance providers numerous insurance applications that contained several material misrepresentations, including falsely denying that third-parties were paying the premiums for the insurance, falsely denying discussions about the resale of the policies, falsely inflating the net worth and/or income of the insured, and falsely claiming that the insurance was being purchased for legitimate estate planning-related needs. All applications were signed by Carpenter’s brother-in-law, who acted as trustee of the Charter Oak Trust, which was to be the “owner” of all policies in the trust. Moreover, the applications purported that the Charter Oak Trust was a bona fide welfare benefit trust under Internal Revenue Code Section 419(e), wherein employers would be making contributions to the Charter Oak Trust in order to fund the life insurance policies for the benefit of certain select employees.
The evidence further established that, in truth, no “employer” or Straw Insured ever paid a premium into the Charter Oak Trust. Rather, the premiums were funded by loans primarily from another company headquartered in Simsbury and controlled by Carpenter. In many cases, those loans were, in turn, financed by another third-party financing company based in Stamford. The loan arrangements were withheld from the insurance providers, who would not have issued policies had they known the true nature of the Charter Oak Trust, and had the insurance applications been filled out truthfully.
Based on the false applications that were submitted to the insurance providers, the Charter Oak Trust procured 84 insurance policies that had a total aggregate death benefit of more than $459 million on the lives of 76 different Straw Insureds. In addition, another company controlled by Carpenter received more than $12 million in commissions from the insurance providers, who would not have paid the commissions had they known about the false representations on the insurance applications and the true nature of the Charter Oak Trust.
Finally, the trial evidence showed that one Straw Insured died within the first two years of the issuance of the two insurance policies on his life. Those policies had been issued in late 2006 and early 2007 based on misrepresentations similar to those described above, specifically that his policies were not being funded by a third party and were not intended for resale. The two insurance policies had a combined death benefit of $30 million, which the insurer paid to the Charter Oak Trust in May 2009. At Carpenter’s direction, the Charter Oak Trust failed to pay the $30 million to the Straw Insured’s beneficiary, and instead used the funds to pay for various expenses, including other insurance premiums that were related to the underlying fraud, as well as to purchase a home in Rhode Island.
Judge Chatigny will issue a restitution order at a later date.
Carpenter, who is released on bond, was ordered to report to prison on March 4, 2019.
Carpenter was previously convicted in the District of Massachusetts of mail fraud and wire fraud offenses stemming from an unrelated business scheme. On February 26, 2014, he was sentenced to 36 months of imprisonment for those offenses.
This matter was investigated by the U.S. Department of Labor – Office of the Inspector General, the U.S. Department of Labor – Employee Benefits Security Administration’s Boston Office, and the Special Inspector General for the Troubled Asset Relief Program. The case was prosecuted by Assistant U.S. Attorneys David E. Novick and Neeraj N. Patel.
Rochester Man Sentenced on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Anthony Alberti, 36, of Rochester, NY, who was convicted of being a prohibited person in possession of a firearm, was sentenced to 30 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that on July 14, 2014, an order of protection was issued against Anthony Alberti in Rochester City Court. As a result, Alberti was prohibited from possessing firearms. Despite that restriction, the defendant arranged to have a semi-automatic handgun mailed to him from Texas. On June 28, 2018, Alberti picked up the package containing the firearm at a FedEx Shipping Center in Rochester. The defendant utilized an Uber to travel to FedEx. After obtaining the package, the defendant returned to the Uber and asked the driver to take him to a Walmart so he could purchase rounds of ammunition. After arriving at the Walmart, the Uber driver called 911 and officers recovered the firearm.
The sentencing is the result of an investigation by Greece Police Department, under the direction of Chief Patrick D. Phelan, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
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Rochester Man Pleads Guilty to Lying to Officers During Shooting InvestigationRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jashua Figueroa, 19, of Rochester, NY, pleaded guilty to misprision of a felony before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of three years in prison and a $250,000 fine.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that co-defendant Obed Torres Garcia is accused of assaulting federal officers at 6 Burbank Street in Rochester, who were executing a state search warrant in a federal narcotics investigation on January 29, 2018. At that time, Garcia was in the rear driver’s side area of a vehicle parked in the driveway of 6 Burbank Street. Jashua Figueroa was seated in the front passenger seat. When the officers exited their van at the residence, wearing clearly marked law enforcement uniforms, Garcia got out of the vehicle and fired a handgun at the officers.
Following the shooting, Figueroa gave a statement to Rochester Police Department investigators claiming that he never saw Obed Garcia Torres with a firearm, when he in fact had seen Garcia with a firearm and knew that Obed Torres Garcia used said firearm to shoot at officers that day.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives Violent Crime Task Force, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Rochester Police Department, under the direction of Chief Mark Simmons; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Greece Police Department, under the direction of Chief Patrick Phelan; the Brighton Police Department, under the direction of Chief Mark Henderson; and U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Gregory Johnson.
Sentencing is scheduled for February 8, 2019, at 2:00 p.m. before Judge Geraci.
Remarks by U.S. Attorney William M. McSwain at the Pennsylvania Manufacturers’ Association Annual SeminarRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain was honored to speak on Saturday, December 1, 2018 at the Pennsylvania Manufacturers’ Association Annual Seminar in New York City as part of the annual gathering of the Pennsylvania Society. U.S. Attorney McSwain’s remarks as prepared for delivery are below.
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When David Taylor graciously asked me to speak here today, I said two things: first, I’m honored, and second, how much time do I have? He said to me: five minutes. I said, OK, well, what would you like me to cover? He said – how about what you believe and what your office stands for. And I thought – wow, five minutes? Really? My wife says I can’t clear my throat in five minutes and I’m supposed to cover all of that?
Well, here’s my best shot, in five minutes or less. First of all, on the most practical of levels, I believe that my position and my office exist to keep the community safe. But anybody who leads a prosecutor’s office – especially one in a major urban area – would say that, right? I do believe, of course, in keeping the community safe . . . but I also believe in something bigger than that.
I believe in democracy. I believe in respecting the will of the people. In this country, the law is the will of the people. It is my job to enforce the law and to protect the rule of law. By doing so, I show my respect for the will of the people and I promote our nation’s representative democracy. Because the rule of law is the backbone of this incredible experiment in self-government that we call America.
I believe that if, for some reason, you don’t like some aspect of the law, every one of us is empowered to work to change it. That’s the beauty of representative democracy – it is the greatest force for political equality our world has ever seen. If you’re an elected official and you don’t like the law, then introduce a bill. If you’re a citizen and you don’t like the law, then raise your voice to your legislators. And at a bare minimum, make sure you vote. But don’t ask me to violate my oath by not enforcing the law. Don’t ask me to do an end-run around the democratic process. Because I’m not here to do that. I’m here to help protect democracy. I’m here to promote the will of the people, which is expressed through our laws.
So, for example, if you want to set up a drug house (or a euphemistically titled “safe” injection site) in Kensington for people to shoot up heroin, or if you want to declare your city or municipality a “sanctuary” from the enforcement of immigration law, or if you want to forcibly silence the free speech of those who disagree with you – I don’t doubt your good intentions, but you are disrespecting democracy because what you propose is illegal. And I will use every tool at my disposal and every power that I have to hold you accountable.
I believe that respect for the rule of law can be and should be a powerful unifying force in our country. There is much more that unites us as Americans than divides us. We all believe in democracy, and we all believe in respecting the will of the people. We all love our country. We can and should come together as Americans by remembering that. By remembering that we live in the greatest and the freest country in the history of the world. A country that is founded on respect for our democratically enacted laws.
So that’s what I believe. And that’s what my office stands for. God Bless all of you, and God Bless the United States of America. Thank you.
Registered sex offender from Van Wert sentenced to 19 years in prison for downloading images of young children being raped and abusedRead the Press Release
A Van Wert man was sentenced to more than 19 years in prison for downloading images of young children being raped and abused.
Roy Allen Nichols, 56, was sentenced to 235 months in federal prison. Nichols previously pleaded guilty to receipt and distribution of child pornography. He was a registered sex offender because of previous convictions in state court for pandering and criminal enticement.
Nichols in June 2017 was found to have downloaded multiple images of children as young as two years old being abused and raped by adults, according to court documents.
"These are cases with real victims, children whose lives will be forever changed because adults assaulted and violated them," U.S. Attorney Justin Herdman, for the Northern District of Ohio, said in a news release. "We will continue to prosecute those who re-victimize these children by sharing and downloading these images."
The case is being prosecuted by Assistant U.S. Attorney Tracey Ballard Tangeman following an investigation by the FBI in Lima.
Project Huntington Update: Two Sentenced for Their Roles in Federal Drug ConspiracyRead the Press Release
HUNTINGTON, W.Va. – Two individuals were sentenced today for their roles in the Peterson drug trafficking organization (DTO), announced United States Attorney Mike Stuart. The Operation Saigon Sunset investigation was conducted by the Drug Enforcement Administration and the Violet Crime and Drug Task Force West.
“DEA and the Violent Crime and Drug Task Force West did an outstanding job in this investigation,” said United States Attorney Mike Stuart. “There is no revolving door in the federal system, and drug traffickers causing havoc and despair in our cities, will find themselves behind bars.”
David Miller, also known as “John,” 26, who was caught with fentanyl and cocaine, was sentenced to 90 months in prison. Miller previously pled guilty to an indictment charging him with conspiracy to distribute heroin and fentanyl. Miller admitted that between August 2017 and April 2018 he conspired with Willie Peterson, also known as “Chill,” and Manget Peterson, also known as “Money,” to distribute heroin and fentanyl in Huntington, West Virginia. As part of the plea agreement, Miller admitted that in March 2018 he traveled to Detroit, Michigan and purchased fentanyl and cocaine. Michigan State Police conducted a traffic stop on Miller and recovered 195 grams of fentanyl and 27 grams of cocaine. Miller admitted he intended to transport the substances to Huntington to sell.
Ashley Pardue, 33, who was caught selling heroin, was sentenced to time served. Pardue previously pled guilty to an indictment charging her with conspiracy to distribute heroin. Pardue admitted to selling heroin in January 2018 at the WalMart on Route 60 in Huntington.
United States District Judge Robert C. Chambers imposed the sentences. Assistant United States Attorney Stephanie S. Taylor handled the prosecutions.
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Political Operative Convicted of Federal Campaign Finance Crimes in Two Congressional Campaigns and of Obstructing Investigation by Federal Election CommissionRead the Press Release
A jury sitting in the Eastern District of Pennsylvania convicted longtime political operative Kenneth Smukler, 58, of Villanova, Pennsylvania, today on charges of making and concealing illegal campaign contributions in two Congressional primary elections, and of obstructing justice in an investigation by the Federal Election Commission (FEC), announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney William M. McSwain for the Eastern District of Pennsylvania.
“Today’s convictions demonstrate the Department of Justice’s commitment to ensuring a level playing field in the financing of federal elections,” said Assistant Attorney General Benczkowski. “We will hold accountable those who violate campaign finance and other laws designed to protect the fairness and transparency of our democracy.”
“Smukler was the mastermind of multiple crooked political schemes,” said U.S. Attorney McSwain. “He showed a true pattern of deception by misusing funds and lying to corrupt the entire political process. The only way to guarantee open and fair elections is to have everyone play by the same rules. Smukler ignored those rules and broke the law so that his candidates could try to win at all costs. We are grateful that the jury saw through his lies and held him accountable for his widespread criminal conduct.”
The jury found Smukler guilty of conspiracy to violate federal law, making and causing unlawful campaign contributions and causing false statements to the FEC in connection with a 2012 congressional primary campaign in a Philadelphia-area Congressional district. The jury further found Smukler guilty of making and causing unlawful campaign contributions, causing the filing of false reports to the FEC concerning contributions and expenditures, causing false statements to the FEC in connection with a 2014 congressional primary campaign in another Philadelphia-area Congressional district, and obstructing an FEC investigation.
In 2012, Smukler engaged in a conspiracy to make a concealed payment of $90,000 to Congressional candidate and former Philadelphia Municipal Judge Jimmie Moore to get Judge Moore to drop out of the primary election race. Smukler, who worked for another candidate, orchestrated the payment of the money through his own companies, a shell company of Judge Moore’s campaign manager, Carolyn Cavaness, and another campaign consultant, D.A. Jones. Judge Moore, Cavaness, and Jones all have pleaded guilty separately.
From 2014 through 2015, Smukler, as a campaign manager, also made, caused, and concealed excess and conduit contributions and engaged in a falsification and obstruction scheme involving a different Congressional candidate. The excess contributions came from associates of Smukler and were funneled through two of Smukler’s consulting companies. The conduit contributions were routed through another political consultant and the candidate.
The jury found that in or about April 2014, Smukler became aware that the campaign was running out of funds that it could spend on primary election expenses. Smukler nevertheless directed the campaign to continue paying for goods and services associated with the primary election. In or about May 2014, one of Smukler’s companies made a $78,750 payment to the campaign that was used to pay for primary election expenses. Smukler falsely told the campaign that this money came from a “segregated media account,” when in fact the payment was funded by an associate of Smukler’s and therefore constituted an illegal campaign contribution.
Moreover, after Smukler’s candidate lost the primary election, the campaign did not have sufficient funds to repay the contributions that the campaign had received for the general election. To conceal this shortfall, Smukler funneled illegal contributions totaling $150,000 from an associate to the campaign through two of Smukler’s consulting companies. Smukler falsely told the campaign that these payments were refunds of money that had been “escrowed” in Smukler’s companies for general election expenses, when, in fact, the money had come not from any such account but from Smukler’s associate, and the money could not have been “escrowed” campaign funds because Smukler’s companies had already spent a significant portion of the funds they had received from the campaign.
Smukler further caused the campaign to falsely characterize the payments from his companies as refunds in FEC reports and in a letter to the FEC from unwitting campaign counsel, which led the FEC to dismiss a pending complaint against the campaign by another candidate in the primary.
The jury also convicted Smukler of making unlawful conduit contributions to the campaign in 2014, through Jones, and again in 2015 through the candidate herself.
Judge Jan E. DuBois set sentencing for March 13, 2019.
The case was investigated by the FBI and prosecuted by Richard C. Pilger, Director of the Election Crimes Branch of the Public Integrity Section of the Criminal Division; Rebecca Moses, Trial Attorney of the Public Integrity Section and by Assistant U.S. Attorney Eric L. Gibson of the Eastern District of Pennsylvania.
Pittsburgh Man Responsible for Multiple Armed Bank Robberies Sentenced to 8+ Years in PrisonRead the Press Release
PITTSBURGH, Pa. – A former resident of Pittsburgh, Pa., has been sentenced in federal court to eight years and 8 months in prison, to be followed by three years of supervised release, on his convictions on federal bank robbery charges, United States Attorney Scott W. Brady announced today
United States District Judge Arthur J. Schwab imposed the sentence on Thomas Hetrick, 51. Hetrick was detained after his initial appearance and will remain detained as he begins to serve his sentence.
According to information presented to the court, Hetrick, while armed with either a knife or a gun, robbed the Dollar Bank, located at 1712 East Carson Street, Pittsburgh, PA, on August 21, 2017; the First Commonwealth Bank, located at 2501 East Carson Street, Pittsburgh, PA, on August 24, 2017 and again on August 30, 2017; and the First Commonwealth Bank, located at 500 East Waterfront Drive, Pittsburgh, PA 15210, on September 25, 2017. Hetrick also attempted to rob, while armed with a knife, the same First Commonwealth Bank, located at 2501 East Carson Street, Pittsburgh, PA, on September 25, 2017.
Assistant United States Attorney Timothy M. Lanni is prosecuting this case on behalf of the government.
The FBI Pittsburgh’s Violent Crimes Task Force, with assistance from the Homestead Police Department, the Allegheny County Sheriff’s Department, and the Pittsburgh Bureau of Police conducted the investigation that led to the prosecution of Thomas Hetrick.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, the Attorney General announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Philadelphia Man Sentenced to Life Imprisonment for Violent Crime SpreeRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced today that Robert Hartley a/k/a “Dooman,” 47, of Philadelphia, was sentenced today to life imprisonment for his convictions in two separate jury trials.
Hartley was a core member of a criminal organization comprised of 20 individuals who conspired to commit armed robberies and kidnappings to steal drugs, drug proceeds, and other items of value, from approximately October 2012 to April 2014. Hartley and his co-conspirators conducted surveillance of their victims, tracked their victims using GPS devices, and used police scanners to monitor police activity and avoid detection. They also occasionally dressed as police officers as a means to fool their victims. To control their victims, they used firearms and physical force, restrained them with handcuffs, zip ties, electrical cords, and shoelaces, and even went so far as to waterboard and pour boiling water on their victims’ genitals.
In May 2016, a jury found Hartley guilty of attempted armed robbery and carjacking when he robbed and shot a man delivering pharmaceutical products to a pharmacy on Ridge Avenue in 2012. In that case, Hartley was sentenced to 270 months in prison. In April 2017, a second jury found Hartley guilty of an armed home invasion robbery, carjacking, kidnapping, and related firearms offenses. For those additional crimes, Hartley was sentenced to life imprisonment, plus an additional 75 years, which run consecutively to one another and consecutively to the sentence in the earlier case.
“Robert Hartley is a menace to society who richly deserves to spend the rest of his life in a jail cell,” said U.S. Attorney McSwain. “The sentence handed down today reflects the seriousness of his crimes and our steadfast commitment to rid the streets of people who resort to extreme violence, intimidation, and even torture to make money. This case is an excellent example of why violent crime is a priority for my Office and the Department of Justice.”
“A key component of ATF’s mission is to combat and reduce violent crime. The sentence that was handed down today is another victory in the battle against violent crime for ATF, our law enforcement partners, and more importantly, the citizens of Philadelphia,” said ATF Special Agent in Charge Donald Robinson. “Justice was served for all of the victims who can now feel safe knowing Robert Hartley will spend the rest of his life behind bars. We appreciate the cooperation of our federal, state, and local partners to bring this case to a successful conclusion.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Bureau of Alcohol, Tobacco, and Firearms, the Philadelphia Police Department and various other local police departments throughout the Eastern District of Pennsylvania and the District of New Jersey. It is being prosecuted by Assistant United States Attorneys Salvatore L. Astolfi and Jeanine Linehan.
Paxton Man Sentenced to 10 Years in Prison for Receipt, Possession of Child PornographyRead the Press Release
URBANA, Ill. – Chief U.S. District Judge James E. Shadid today sentenced Kenneth W. Slater, 32, of the 1000 block of S. Washington St., Paxton, Ill., to 10 years in federal prison for receiving and possessing child pornography. In addition, Slater was ordered to pay restitution to two separate victims of the offense for a total amount of $6,000.
On July 17, 2018, Slater entered a plea of guilty to both offenses as charged in the indictment, which was returned by the grand jury in February 2018.
Slater was arrested on Jan. 16, 2018, in Paxton, after being charged in a criminal complaint with the same offenses. During a court appearance on Jan. 19, 2018, Slater was ordered detained in the custody of the U.S. Marshals Service.
Assistant U.S. Attorney Elly M. Peirson represented the government in the prosecution. The charges were investigated by the Federal Bureau of Investigation and the Bloomington Police Department.
The case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Nicaraguan Man Charged with Illegal Use of a Social Security Number in Obtaining Louisiana Id CardRead the Press Release
NEW ORLEANS, LOUISIANA – ROLANDO ANTONIO JARQUIN-OROZCO, age 31, a citizen of Nicaragua was charged Friday, November 30, 2018 in a one-count indictment for illegal use of a Social Security number in violation of Title 42, United States Code, Section 408(a)(7)(B).
JARQUIN-OROZCO faces a maximum term of imprisonment of not more than five (5) years, a fine of $250,000.00, and a mandatory special assessment of $100.00 on the indictment. Additionally, JARQUIN-OROZCO is subject to a period of supervised release after imprisonment of up to three years. He also faces the possibility of deportation.
The indictment further alleged that JARQUIN-OROZCO applied for a Louisiana ID Card in Jefferson Parish. A check of the Social Security Administration records indicated that the social security number he used to secure the ID belonged to another individual.
U.S. Attorney Peter G. Strasser pointed out that an indictment is merely allegation. Each element of the offense must be proven beyond a reasonable doubt.
U.S. Attorney Peter G. Strasser praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Carter K.D. Guice, Jr. is in charge of the prosecution.
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New York Woman Sentenced to 2½ Years for Conspiring to Distribute Heroin and CrackRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Melina Snead, a/k/a “Lady,” 25, of Rochester, New York, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to 2½ years in prison and three years of supervised release for conspiring to distribute heroin and cocaine base, commonly known as “crack.” The defendant pled guilty on May 24, 2018.
According to court records, between June 2015 and March 2017, Snead conspired with others to acquire heroin and crack in Rochester and transport it to Central Maine for distribution. The defendant sold the drugs from several “trap houses” in Central Maine.
The case was investigated by the U.S. Drug Enforcement Administration, the Maine Drug Enforcement Agency, and the Kennebec County Sheriff’s Department, with assistance provided by the Augusta Police Department. This case was investigated and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
New York Man Admits Kidnapping, Interstate Domestic ViolenceRead the Press Release
NEWARK, N.J. – A New York man today admitted assaulting and kidnapping an individual with whom he had a romantic relationship, U.S. Attorney Craig Carpenito announced.
Rudolf Szoradi, 50, pleaded guilty before U.S. District Judge Jose J. Linares in Newark federal court to an information charging him with one count of kidnapping and interstate domestic violence.
According to documents filed in this case and statements made in court:
Szoradi and the victim previously had a romantic relationship. On Dec. 15, 2017, Szoradi assaulted the victim with a knife in the basement of a Newark residence. The victim suffered serious injuries. Szoradi then confined her in a vehicle against her will and drove her across state lines, eventually reaching North Carolina, where the victim was able to receive medical attention for her injuries.
According to the terms of the plea agreement, if accepted by the court, Szoradi will receive a sentence of between 87 to 108 months in prison, followed by five years of supervised release. Sentencing is scheduled for April 2, 2019.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation leading to today’s guilty plea. He also thanked the Newark Police Division and Clayton, North Carolina, police department for their assistance.
The government is represented by Assistant U.S. Attorney Matt Feldman Nikic of the U.S. Attorney’s Office’s Criminal Division in Newark.
Defense counsel: Candace Hom Esq., Assistant Federal Public Defender, Newark
New Windsor Man Sentenced to 20 Years in Prison for Child EnticementRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that CLINT EDWARDS was sentenced on November 30, 2018, to 20 years in prison for enticing a child to engage in illegal sexual activity. EDWARDS pled guilty on July 2, 2018, before United States District Judge Cathy Seibel, who also imposed the sentence.
According to the Superseding Information, Complaint, and other documents filed in the case to which EDWARDS pled, as well as statements made during the plea proceeding:
In May and June of 2017, EDWARDS used social media and texting applications on his iPhone to entice a 14-year-old minor (the “Victim”) to engage in sexual activity with him. During their text message conversations, EDWARDS solicited sexually explicit photos and videos from the Victim, and sent the Victim a video of himself engaged in sexual activity. Despite knowing that the Victim was 14 years old, EDWARDS arranged to meet the Victim in order to have sex.
On June 6, 2017, EDWARDS met the Victim at her apartment building and engaged in sexual activity with her in the building’s basement. EDWARDS used his iPhone to film a portion of his sexual activity with the Victim. The basement’s surveillance cameras captured EDWARDS’s sexual conduct with the Victim, as well as his use of a smartphone to film a portion of that conduct. EDWARDS later traveled with the Victim to his residence in New Windsor, New York, where EDWARDS continued to engage in sexual conduct with the Victim over the course of several days.
On June 13, 2017, law enforcement recovered the Victim from EDWARDS’s residence. EDWARDS had entered a backyard area of his home shortly before law enforcement arrived, and he fled upon observing law enforcement’s presence. EDWARDS was arrested on June 16, 2017.
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Mr. Berman praised the outstanding investigative work of the Federal Bureau of Investigation. He thanked the Portchester Police Department and the New Windsor Police Department for their assistance throughout the investigation.
Any individuals who believe they have information concerning the exploitation of children may contact the Federal Bureau of Investigation at 1-212-384-1000 or https://tips.fbi.gov/.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorney Gillian Grossman is in charge of the prosecution.
Monessen Drug Dealer Pleads GuiltyRead the Press Release
PITTSBURGH - On November 29, 2018, a former resident of Monessen, Pa, pleaded guilty in federal court to three charges involving dealing crack cocaine, United States Attorney Scott W. Brady announced today.
Dereci Lowe, 28, pleaded guilty to all of the charged counts in his federal Indictment before United States District Judge Cathy Bissoon.
In connection with the guilty plea, the court was advised that investigators with the Drug Enforcement Administration (DEA) arranged to buy crack cocaine from Lowe on May 11, 2017 and August 10, 2017. The agents then obtained a search warrant for his residence and executed it on September 6, 2017. That search revealed documentation that the residence was occupied and utilized by Lowe, as well as additional amounts of crack cocaine and approximately $6,000 in cash. In total, police seized 40.143 grams of crack cocaine from Lowe.
Judge Bissoon scheduled sentencing for March 21, 2019 at 2:15 p.m. Because the government filed a document advising the Court that the defendant had been convicted of a felony drug offense in the past, his potential penalties were increased. As a result, the law provides for a total sentence of up to life in prison, a fine of up to $12,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history of the defendant.
Pending sentencing, the court ordered the defendant to remain incarcerated and remanded him back to the custody of the United States Marshal Service.
Assistant United States Attorney Ross E. Lenhardt of the Major Crimes Section is prosecuting this case on behalf of the government.
The DEA conducted the investigation that led to the prosecution of Lowe with valuable assistance from a variety of various federal, state, county and local police departments, including the Canonsburg Police Department, the Monessen Police Department, the Pennsylvania State Police, the Washington County Sheriff’s Office and the Washington County District Attorney’s Office.
Member of Mexican Sex Trafficking Ring Sentenced in Brooklyn Federal Court to Eight Years’ ImprisonmentRead the Press Release
Earlier today, in federal court in Brooklyn, Raul Granados-Rendon, a member of the Granados family sex trafficking ring based in Tenancingo, Tlaxcala, Mexico, was sentenced by United States District Judge Kiyo A. Matsumoto to eight years’ imprisonment following his guilty plea in December 2017 to trafficking young Mexican women into the United States and forcing them into prostitution. As part of his sentence, the defendant was ordered to pay $1,305,393.80 in restitution to Jane Doe.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Angel M. Melendez, Special Agent-in-Charge, U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), New York, announced the sentence.
“With today’s sentence, Raul Granados-Rendon is the latest member of his family’s Mexican sex trafficking operation to be held responsible for preying upon countless women, and profiting from their exploitation and dehumanization,” stated United States Attorney Donoghue. “This prosecution and sentence mark another important outcome in a nearly decade-long commitment by this Office and our law enforcement partners to obtain justice for the victims.”
“The victims of this man were forced into prostitution after being lured to the U.S. with false promises then threatened, beaten and sexually assaulted,” stated HSI Special Agent-in-Charge Melendez. “This man was on our agency’s top 10 fugitive list before being extradited and taken into custody early last year. It has been a long road, but now he will face the consequences of his reprehensible actions.”
From October 1998 to December 2011, Raul Granados-Rendon participated in a sex trafficking conspiracy with other members of the Granados family, to smuggle numerous young women from Mexico to New York and force them to work as prostitutes in New York City and elsewhere. The male members of the conspiracy used false promises of romance and marriage to lure the victims into relationships and convince them to travel to the United States to make money so that they could build homes for themselves in Mexico. Once in the United States, the victims were subjected to violence, threats and sexual assaults by the defendants. Raul Granados-Rendon directed one of his victims to teach another victim “Jane Doe” how to prostitute. When Jane Doe did not produce as much income as other Granados family victims, the defendant physically abused her, dragging her by her hair into a bathroom and forcing her head into a sink. The defendant also helped transport another victim back to Mexico after his brother impregnated her and failed at his efforts to induce an abortion.
The investigation, prosecution, bilateral enforcement action and extraditions of the defendants apprehended in Mexico were coordinated through the U.S.-Mexico Bilateral Human Trafficking Enforcement Initiative. Since 2009, the Departments of Justice and Homeland Security have collaborated with Mexican law enforcement counterparts in the Initiative to more effectively dismantle human trafficking networks operating across the U.S.-Mexico border, bring human traffickers to justice, restore the rights and dignity of human trafficking victims and reunite victims with their children. These efforts have resulted in successful prosecutions in both Mexico and the United States, including U.S. federal prosecutions of over 175 defendants in cases in Georgia, New York, Florida and Texas, in addition to numerous federal and state prosecutions in Mexico of associated sex traffickers. The convictions in this case are also the latest development in the Eastern District of New York’s comprehensive anti-trafficking program, which has to date indicted more than 80 defendants and assisted more than 150 victims, including 44 minors. In addition, through the District’s anti-trafficking program, 19 children have been reunited with their victim-mothers.
The government’s case is being handled by the Office’s Civil Rights Section. Assistant United States Attorney Jennifer M. Sasso is in charge of the prosecution.
The Defendant:
RAUL GRANADOS-RENDON
Age: 31
Tenancingo, MexicoE.D.N.Y. Docket No. 11-CR-557 (KAM)
Manhattan U.S. Attorney Announces Indictment and Arrest of Vascular Surgeon for Healthcare FraudRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Scott Lampert, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General’s (“HHS-OIG”) New York Region, announced today that FENG QIN, M.D. (“QIN”), a vascular surgeon with practices in Lower Manhattan and Far Rockaway, Queens, has been indicted for healthcare fraud and that the United States has filed a civil fraud complaint against him and his medical practice, QIN MEDICAL P.C., under the False Claims Act. Specifically, the Indictment and Civil Complaint charge QIN with fraudulently billing Medicare for performing vascular surgery procedures on patients that were not medically reasonable and necessary or covered under Medicare rules. QIN will be presented before U.S. Magistrate Judge Ona T. Wang this afternoon. QIN’s case is assigned to U.S. District Judge Ronnie Abrams.
In 2015, this Office filed and simultaneously settled a civil fraud lawsuit against QIN and his previous employer for engaging in fraudulent billing practices during the time period 2010 through 2012. As part of that settlement, QIN paid $150,000 and admitted that he was familiar with the applicable Medicare rules and that he had regularly performed vascular surgeries on patients who had not exhibited symptoms justifying the procedures. As charged in the Indictment and Civil Complaint, QIN later opened his own surgical practice and continued to engage in the same fraudulent conduct.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged, Feng Qin clearly did not learn his lesson from the previous civil suit this Office filed against him for healthcare fraud – that he must follow Medicare rules and stop billing for surgical procedures that are not clinically justified. He is now being charged criminally for his alleged failure to do so.”
HHS-OIG Special Agent in Charge Scott Lampert said: “Performing medically unnecessary services for the purposes of financial gain will not be tolerated. HHS-OIG is committed to holding providers accountable and protecting the integrity of our nation’s federal healthcare programs.”
According to the Indictment[1] and the Civil Complaint:
Patients with end-stage renal disease (“ESRD”) who are receiving dialysis may require vascular access surgical procedures, such as fistulagrams, where dye is injected into the patient’s vein or artery to visualize blood flow, and percutaneous transluminal angioplasties, in which wires and balloons are inserted into blood vessels that have narrowed in order to restore blood flow. However, as Medicare billing guidelines made clear, it is not reasonable and necessary for physicians to bill the program for fistulagrams and angioplasties unless the patient has specific and documented clinical problems, such as significant difficulty receiving dialysis properly.
The patients at QIN’s medical practice primarily consisted of ESRD patients undergoing dialysis treatment. During the relevant period, from 2015 to 2016, QIN routinely scheduled patients for fistulagrams and angioplasties three months in advance, and performed fistulagrams and angioplasties on these patients as a matter of routine, regardless of whether there was a justifiable clinical reason to do so. Furthermore, he sometimes misrepresented the medical conditions of patients in their medical records to make it seem as if they suffered from symptoms that would warrant the procedures when they did not. QIN’s practice unlawfully billed and received payment from Medicare for these procedures, which were excluded from Medicare coverage, as he knew.
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FENG QIN, 54, of New York, New York, is charged with one count of healthcare fraud, and faces a maximum sentence of 10 years. The charge contained in the Indictment against QIN is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.
The allegations of fraud stated in the Civil Complaint were first brought to the attention of federal law enforcement by a whistle-blower who filed a lawsuit under the False Claims Act.
The criminal case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Jean-David Barnea and Michael K. Krouse are in charge of the case. The civil case is being handled by the Office’s Civil Frauds Unit. Assistant United States Attorney Barnea is in charge of the case.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Man with 471 Pounds of Marijuana SentencedRead the Press Release
KANSAS CITY, KAN. - A Minnesota man was sentenced today to 21 months in federal prison for driving a load of 471 pounds of marijuana to Kansas, U.S. Attorney Stephen McAllister said. In addition, he will serve three years on supervised release.
Mark Anthony Berg, 40, Coon Rapids, Minn., pleaded guilty to one count of possession with intent to distribute marijuana. The Kansas Highway Patrol stopped Berg’s vehicle on I-70 in Ellsworth County. Troopers found 471 pounds of marijuana concealed in the vehicle.
McAllister commended the Kansas Highway Patrol, the Drug Enforcement Administration and Assistant U.S. Attorney Skip Jacobs for their work on the case.
Man who Impersonated FBI Agent to Steal from Area Businesses Sentenced to Prison for Robbery, Attempted Robbery and Impersonating a Federal OfficerRead the Press Release
A Lake Stevens, Washington man who used fake credentials in the names of fictional characters or famous fraudsters to commit crimes was sentenced today in U.S. District Court in Seattle to five years in prison for seven federal felonies, announced U.S. Attorney Annette L. Hayes. STEVEN W. FISHER, 44, pleaded guilty in July 2018 to one count of robbery, five counts of impersonation of a federal officer, and one count of attempted robbery. At sentencing U.S. District Judge James L. Robart said, “This was a long-term calculated crime… attacking a marginalized community. You picked the most vulnerable group of people I know…. You did a despicable thing to people who deserved better.”
“Robbery is a frightening crime -- especially when it appears to be at the hands of someone in law enforcement,” said U.S. Attorney Annette L. Hayes. “This defendant’s actions were no joke -- he did real harm to real people who were just trying to run their small businesses and thought they were responding to requests from a federal law enforcement officer. The victims will likely never look at a law enforcement officer the same way again. A lengthy sentence in federal prison sends a clear message that this kind of conduct will not be tolerated.”
According to records filed in the case, on January 25, 2017, FISHER gained access to the secure area of a small money transmitting business in Seattle’s Central District by claiming he was a federal agent investigating a suspicious transaction. FISHER flashed a badge, and handed the owner a ‘search warrant’ signed by ‘Frank Abagnale’ -- a famous serial fraudster portrayed in the movie “Catch Me if You Can.” The warrant was purchased via the website Legalfakes.com. FISHER then pulled a weapon on the owner, demanded he open the safe and locked the owner in a back room. FISHER left with a large amount of cash and took computer equipment which contained surveillance video from the security system.
FISHER was identified as the suspect following a series of incidents in July and August, 2017 at a different money transmitting business in the Rainer Valley. In those incidents, FISHER used the name “Jack Ryan,” a character in Tom Clancy novels. In July, FISHER asked the manager of the money transmitting business to meet him at a nearby parking lot to discuss information that someone was planning on robbing his business. FISHER tried to get the manager to describe the surveillance cameras at the business and suggested he remove cash from the business. The manager instead called 9-1-1 and reported the suspicious conduct to police. One month later, when FISHER showed up at the money transmitting business, again claiming to be an FBI Agent, the manager hit the panic alarm and Seattle Police officers arrived to question FISHER. FISHER was taken into custody and court authorized searches of his car, storage locker, and briefcase turned up fake federal credentials, a realistic appearing airsoft pistol with silencer, and paperwork tying him to the earlier robbery.
In the plea agreement, FISHER admitted that in June 2017, he went to two SeaTac businesses posing as a federal agent. One of the small businesses offers money transmitting services. The ‘agent’ claimed he was looking for surveillance footage because of a crime in the area. Because the store owner was suspicious about whether FISHER was actually an FBI agent, he simply said the surveillance cameras were not working. In the early morning hours following that encounter the store was burglarized and $2000 in cash, checks and phones were stolen. Some of the stolen items were later found in FISHER’s possession.
Judge Robart ordered FISHER to pay $125,000 in restitution to the victim businesses.
The case was investigated by the FBI and the Seattle Police Department. The case is being prosecuted by Assistant United States Attorney Rebecca Cohen.
Man Pleads Guilty to Posing as a Doctor, Seeing Two Dozen PatientsRead the Press Release
NEWPORT NEWS, Va. – A Glen Allen man pleaded guilty today to posing as a doctor at a free clinic in Newport News, where he saw nearly two dozen patients.
According to allegations in the indictment, Vishal J. Patel, 31, used the personal identifying information of licensed physicians to pose as a doctor in online employment applications to medical staffing companies. Patel falsely claimed in such applications to be licensed to practice medicine in the Commonwealth of Virginia. To support this claim, Patel created and submitted false diplomas and certificates concerning his education, training, certifications, and licenses in which he included registration and licensing numbers belonging to various licensed physicians. To obtain access to their information, Patel posed as the physicians when contacting various oversight entities, including the Drug Enforcement Administration. Patel directed those entities to alter the physicians’ licensing records so that they appeared to be associated with Patel. He then directed these entities to mail him copies of the altered records. Through the scheme, Patel fraudulently induced various medical staffing companies to employ him as an independent contractor. Patel obtained employment through at least one company at a free clinic in Newport News, where he saw nearly two dozen patients before he was terminated due to the clinic’s inability to verify his credentials.
Patel pleaded guilty to furnishing false information in a DEA record and aggravated identity theft. He faces a maximum penalty of four years, along with a mandatory consecutive term of two years in prison, when sentenced on March 19, 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, Peter R. Rendina, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service, Scott W. Hoernke, Acting Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, and Steve R. Drew, Chief of Newport News Police, made the announcement after U.S. District Judge Raymond A. Jackson accepted the plea. Assistant U.S. Attorney Brian J. Samuels is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:17-cr-125.
Man Charged in with Possessing ATM Skimming DeviceRead the Press Release
FORT WAYNE – An individual who presented ID as Dumitru Tirlea, was charged by criminal complaint with defrauding a financial institution and possessing access device making equipment, announced U.S. Attorney Kirsch.
According to documents in the case, on or about November 28 through 30 of 2018, Tirlea attempted to execute a scheme to defraud a federally insured financial institution. Law enforcement has been investigating several reports of skimming devices being placed on bank ATMS as well as gas station credit card readers at gas pumps. The device captures the credit and debit card numbers of unsuspecting victims and stores the numbers. After time the device is removed and the information from the skimming device is used to produce fraudulent credit/debit cards for unauthorized transactions.
In this case, a bank in Warsaw, Indiana reported a device on their ATM on November 28, 2018. Law enforcement conducted surveillance on the affected ATM. On November 30, Dumitru pulled up on the ATM and not having enough time to complete a transaction drove off. Law enforcement followed, conducted a traffic stop and arrested him. Tirlea, was identified based on ATM surveillance video, as the individual who placed the device on the ATM on November 28, 2018.
The United States Attorney's Office emphasized that a criminal complaint is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case was investigated by the FBI, the Indiana State Police Organize Crime and Corruption Unit and Warsaw Police Department. This case will be prosecuted by Assistant United States Attorney Stacey Speith.
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Madawaska Man Sentenced to 1½ Years for Illegally Importing Methylphenidate and AlprazolamRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Tristan Nelson, 39, of Madawaska, Maine was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to 1½ years in prison and three years of supervised release for illegally importing methylphenidate, which is commonly sold under the trade name Ritalin, and alprazolam, which is commonly sold under the trade name Xanax. The defendant pled guilty on March 7, 2018.
According to court records, on February 22, 2017, a mail package from the Philippines addressed to the defendant arrived at the Madawaska post office. The package contained about 950 methylphenidate pills and about 450 alprazolam pills. The defendant came to the post office and accepted the package. The defendant later admitted to agents that he purchased the pills online, that he knew the pills were shipped to him from outside of the United States, and that he intended to distribute some of the pills.
The investigation was conducted by U.S. Immigration & Customs Enforcement’s Homeland Security Investigations, the U.S. Postal Inspection Service, and the Maine Drug Enforcement Agency.
Lynn District Court Assistant Chief Probation Officer Arrested for Sexually Exploiting a ChildRead the Press Release
BOSTON – An Assistant Chief Probation Officer for Lynn District Court was arrested today and charged in federal court in Boston with child exploitation.
Brian Orlandella, 46, of Beverly, was charged with one count of sexual exploitation of a child and one count of transfer of obscene material to a minor. Orlandella appeared in federal court in Boston today and is scheduled for a probable cause hearing on Friday.
According to the charging document, in May 2018, a mother in Texas contacted the local police about messages she found on her 13-year-old daughter’s cell phone between her daughter and an adult man, later identified as Orlandella. The messages, sent via Kik, revealed conversations in which the man sent the minor images of himself masturbating and directed her to send him naked pictures and videos of her. She told him she was 14-years-old, and he acknowledged that he is much older than she is.
Authorities were able to trace the suspect’s Kik account’s IP address to Orlandella’s residence in Beverly, Mass., where law enforcement executed a search warrant this morning and seized phones that are now undergoing forensic analysis.
The charge of sexual exploitation of children provides for a mandatory minimum sentence of 15 years and up to 30 years in prison, a minimum of five years and up a lifetime of supervised release, and a fine of $250,000. The charge of transfer of obscene material to a minor provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $150,000. 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 Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Local Man Handed Major Sentence in Drug and Money Laundering ConspiracyRead the Press Release
CORPUS CHRISTI, Texas – A 55-year-old Robstown man has been ordered to federal prison for nearly 20 years following his multiple convictions as related to a cocaine and heroin conspiracy, announced U.S. Attorney Ryan K. Patrick. A federal jury convicted Rolando Hinojosa Jan. 11, 2018, following a two-day trial of conspiracy to possess with intent to distribute cocaine and heroin, possession of 2.9 kilograms of cocaine and conspiracy to launder narcotics proceeds.
Today, U.S. District Judge Janis Graham Jack ordered him to prison for 235 months. The court also ordered the forfeiture of his interest in his residence and $96,445 seized at the time of his arrest.
At today’s hearing, Judge Jack commented that Hinojosa has been involved in moving a lot of heroin for many years.
During the trial, the jury heard that an undercover officer had begun purchasing heroin from the organization in April 2016. Members of the conspiracy testified that the organization was involved in two types of narcotics trafficking - local, large-scale heroin distribution in Nueces County and interstate distribution of kilogram quantities of cocaine. Hinojosa was the source of supply for both types of narcotics.
The jury also learned about a pre-paid telephone found on Hinojosa’s bedside table that led to authorities discovering the trail of cocaine from Hinojosa to a Kentucky distributor. From further phone analysis, authorities discovered a narcotics courier who had been arrested in August 2017 returning from Kentucky with $76,000 in narcotics currency intended for Hinojosa.
That courier testified at trial that he successfully delivered several kilograms of cocaine to Kentucky in August 2017 after receiving it from Hinojosa.
Hinojosa has been and will remain in custody where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration and the Texas Department of Public Safety conducted the investigation. Assistant U.S. Attorney Jon Muschenheim is prosecuting the case.
Local Family Sentenced for Money Laundering ConspiracyRead the Press Release
BROWNSVILLE, Texas – The final member of the Magallanes family residing in both Brownsville and Pasadena has been sentenced to conspiring to run a money laundering organization as a part of a larger human smuggling conspiracy based in the Rio Grande Valley, announced U.S. Attorney Ryan K. Patrick. All six family members had pleaded guilty to conspiracy to launder monetary instruments by funneling human smuggling proceeds through their bank accounts with various financial institutions.
Today, U.S. District Judge Fernando Rodriguez Jr. order the leading family member - Veronica Ofelia Magallanes, 41 - to 48 months in federal prison. The court also ordered a money judgment in the amount of $457,000.
Those previously sentenced were Rosa Maria Alvarado, 37, who received a 24-month-term of imprisonment; Bertha Alicia Magallanes, 35, and Paloma Garcia, 36, who were both ordered to serve 12 months in prison; Jose Alfredo Magallanes, 37, was sentenced to 18 months, while the court imposed a 27-month-term upon Jesus Magallanes, 43.
The Magallanes family members engaged in the conspiracy from approximately Jan. 3, 2007, to July 19, 2016. They used Money Gram, Western Union and their personal Wells Fargo bank accounts to launder money given to them which was later provided to human smugglers based in Mexico. The deposits into the Magallanes accounts were made in the United States and foreign countries including Canada, China, Macedonia, Eritrea, Romania, Somalia, Honduras, Guatemala, El Salvador and Mexico. Once they received payments, the Mexico-based human smugglers would later bring illegal aliens into the United States.
This operation grossed a total of approximately $1,296,268.41 over the time of the conspiracy.
Immigration and Customs Enforcement’s Homeland Security Investigations - Financial Crime Unit in Harlingen conducted the two-year investigation. Assistant U.S. Attorney Justin Schorr Dinsdale prosecuted the case.
Local Assistant United States Attorney Retiring from Military Service after Thirty-Five YearsRead the Press Release
CEDAR RAPIDS – Assistant United States Attorney and Army Reserve Major General Patrick J. Reinert, age 57, from Cedar Rapids, Iowa, will retire from military service this week after thirty-five years of service in the Army.
Major General Reinert began his military career as a ROTC scholarship cadet at Iowa State University in 1979. After graduating as a distinguished military graduate, Major General Reinert was commissioned in 1983 as a military intelligence officer. He then obtained a law degree from the University of Iowa. While in law school, Major General Reinert served with the 234th Signal Battalion in the Iowa National Guard. In 1986, he transferred to the Judge Advocate General's Corps and entered active duty. After initial training, he was assigned to Fort Rucker, Alabama, where he served in various assignments. Major General Reinert left active duty in 1990 and began his service in the Army Reserve.
Since joining the Army Reserve, Major General Reinert has served in numerous roles, including as a Military Judge and a Commander. During this time, Major General Reinert deployed twice. During his deployments he served as a Military Judge in Germany, Italy, Kuwait, Iraq and Afghanistan in 2005 and 2006. In his second deployment in 2013 and 2014, Major General Reinert was the Commander of the Rule of Law Field Force, and later the Commander of Combined, Joint InterAgency Task Force 435, in Afghanistan.
Most recently, Major General Reinert commanded the 88th Readiness Division, headquartered on Fort McCoy, Wisconsin. The 88th “Blue Devil” Division provides services and base operations support to more than 55,000 Army Reserve soldiers, civilians and families serving in 633 units at 278 sites dispersed across 19 states in the northern United States from the Ohio River Valley to the Pacific Coast.
Acting Attorney General Matthew Whitaker stated, “The Department of Justice is very proud of General Reinert. Our service men and women make great sacrifices to keep us safe and their personal sacrifices are essential to the strength of our nation. General Reinert is the epitome of that service and sacrifice. He has been a tremendous leader for over three decades of military service.”
“General Reinert has used his leadership ability and unique skills to serve our nation for years,” said United States Attorney Peter E. Deegan. “By serving his country as both a military officer and an Assistant United States Attorney, General Reinert has made the country and the Northern District of Iowa safer for us all.”
“I have been fortunate to serve with thousands of great officers and enlisted members of our military,” said Major General Reinert. “Men and women who have sacrificed much and, in some cases, everything, to keep us free and safe. I am humbled that I was able to play a part in protecting this great country.”
In his civilian capacity, Major General Reinert has been with the United States Attorney’s Office in Cedar Rapids for nearly thirty years and has served in a variety of roles within the office including as a Deputy Criminal Chief and as the lead Organized Crime Drug Enforcement Task Force Attorney. He currently serves as a Senior Litigation Counsel for the office.
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Kiel Wisconsin Man Sentenced to Federal Prison for Food TamperingRead the Press Release
United States Attorney Matthew D. Krueger announced today that Judge Pamela Pepper, sentenced Jonathan Tilman Lane, from Kiel, Wisconsin, to 54 months in federal prison, followed by 3 years of supervised released for tampering with a consumer product in violation of Title 18, United States Code 1365. Lane was also ordered to pay $42,035 in restitution.
According to information released in court on separate occasions in March 2018, Lane, then a contract employee at Johnsonville Sausage, LLC, placed foreign objects into sausage links. Video surveillance determined that Lane placed a cigarette paper on one occasion, and on second time, he placed a copper wire in a sausage link. Both times, if the items had not been removed, the items would have continued on the processing line thus affecting interstate commerce. Lane was in the final phase of the processing line before packaging and any materials introduced had a risk of going out to the consumer. Due to the public risk of Lane’s behavior, Johnsonville closed down the operation and discarded all products which they believed could have been affected.
United States Attorney Matthew D. Krueger for the Eastern District of Wisconsin stated, “The significant sentence imposed here shows that any attempt to tamper with consumer products will be taken seriously. We commend Johnsonville Sausage, LLC, and the U.S. Department of Agriculture for their effective actions to prevent harm and investigate this matter.”
This case was investigated by the United States Department of Agriculture, Office of Inspector General and prosecuted by Assistant United States Attorney Karine Moreno-Taxman.
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Jackson Man Sentenced to Ten Years in Prison for Cocaine and Crack ConspiracyRead the Press Release
Jackson, Miss. – L.C. Hatfield, Jr., 43, of Jackson, was sentenced Friday, by Chief U.S. District Judge Daniel P. Jordan III, to 120 months in prison followed by five years of supervised release for conspiracy to possess with the intent to distribute cocaine base ("crack") and cocaine hydrochloride ("powder"), announced U.S. Attorney Mike Hurst and Assistant Special Agent in Charge Derryle Smith with the Drug Enforcement Administration. Hatfield pled guilty before Judge Jordan on August 1, 2018.
This case is the result of an extensive Organized Crime Drug Enforcement Task Force (OCDETF) investigation, dubbed "Rock Bottom," which began as an operation targeting illegal narcotics distribution in the central Mississippi area. During the investigation, agents found Hatfield was distributing large quantities of cocaine and crack to individuals in Jackson. Based on his role in the conspiracy, Hatfield was held responsible for as much as 3 kilograms of cocaine powder and 6 kilograms of crack.
The OCDETF program is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
The case was investigated by the Drug Enforcement Administration, the Mississippi Bureau of Narcotics, and the Bureau of Alcohol Tobacco Firearms and Explosives, with assistance from the Federal Bureau of Investigation, U.S. Marshals Service, Hinds County Sheriff’s Office, Ridgeland Police Department, Jackson Police Department, Mississippi Highway Patrol, Madison County Sheriff’s Office, Brandon Police Department, Rankin County Sheriff’s Office, Mississippi Department of Corrections, Pearl Police Department, Flowood Police Department, Bureau of Customs and Border Patrol, and the DEA Houston Field Division. It was prosecuted by Assistant United States Attorney Chris Wansley.
Influential Philadelphia-Area Political Consultant Convicted at Trial of Political CorruptionRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that Kenneth Smukler, 58, a long-time Philadelphia-area political consultant, was convicted today by a jury of multiple counts related to violating political campaign laws. Specifically, the jury found the defendant guilty of one count of conspiracy to defraud the United States; two counts of causing unlawful campaign contributions; one count of causing false campaign expenditure reports; two counts of causing false statements; two counts of making contributions in the name of another; and one count of obstruction. The sentencing hearing is scheduled on March 13, 2019 before the Honorable Jan E. DuBois.
In the 2012 Democratic primary election for Pennsylvania’s First Congressional District, Jimmie Moore, a former Philadelphia Municipal Court Judge, ran against the incumbent, Congressman Bob Brady. Moore struck a corrupt deal by which he agreed to withdraw from the race in exchange for funds from the Bob Brady for Congress campaign (the “Brady campaign”) to be used to pay off Moore’s campaign debts. Those debts included money that Jimmie Moore for Congress (the “Moore campaign”) owed to several vendors, to Moore himself, and to Moore’s campaign manager, Carolyn Cavaness.
On February 29, 2012, Moore withdrew from the race. Moore and Cavaness had prepared a list of debts owed by the Moore campaign which was subsequently provided to Smukler, a campaign consultant for the Brady campaign. Smukler arranged for the Moore campaign to receive $90,000 from the Brady campaign through false documents and a series of illegal pass-throughs, including the consulting firm of another Brady associate and co-conspirator, D.A. Jones. None of the payments, which exceeded the applicable contribution limits, was reported to the Federal Election Commission (“FEC”). Per the arrangement, the three installments were illegally disguised as payments for a poll and consulting services.
Marjorie Margolies, a former Member of the U.S. House of Representatives, ran in the 2014 Democratic primary election for Pennsylvania’s Thirteenth Congressional District. Smukler, a veteran of prior Margolies political campaigns, was running the Margolies campaign in 2014. By early April 2014, the primary race was close, and the Margolies campaign was running out of money that the campaign could legally spend in the primary. Smukler caused the Margolies campaign to illegally spend general election funds in his attempt to win the primary election for his candidate, then lied about it to the campaign’s lawyer. That lawyer, in turn, unwittingly reported the lies to the FEC in response to a complaint filed by one of Margolies’ opponents. Additionally, Smukler caused excessive campaign contributions and illegal conduit contributions, all of which were hidden in FEC filings.
“Smukler was the mastermind of multiple crooked political schemes,” said U.S. Attorney McSwain. “He showed a true pattern of deception by misusing funds and lying to corrupt the entire political process. The only way to guarantee open and fair elections is to have everyone play by the same rules. Smukler ignored those rules and broke the law so that his candidates could try to win at all costs. We are grateful that the jury saw through his lies and held him accountable for his widespread criminal conduct.”
"Smukler played fast and loose with the campaign laws that underpin our democratic system," said Michael T. Harpster, Special Agent in Charge of the FBI's Philadelphia Division. "He apparently felt that the ends justified the means. Well, the government—and this jury—disagree. When corruption weakens the public's trust in a fair electoral process, we all stand to lose."
The case was investigated by the Federal Bureau of Investigation, and the case is being prosecuted by Assistant United States Attorney Eric Gibson and Trial Attorneys Richard Pilger and Rebecca Moses of the Criminal Division’s Public Integrity Section.
Illegal Alien Sentenced for Access Device Fraud and Aggravated Identity TheftRead the Press Release
Gulfport, Mississippi. – Ricardo Arcanjo Ramos, 37, an illegal alien from Brazil, was sentenced today in United States District Court to serve 37 months in federal prison for committing access device fraud and aggravated identity theft, announced U.S. Attorney Mike Hurst and Jere T. Miles, Special Agent in Charge of Homeland Security Investigations in New Orleans. Ramos was also ordered to pay $25,087.50 in restitution to the victim.
In July, 2017, Ramos and another illegal alien, through the use of skimmers and cameras placed on Automated Teller Machines at a credit union in Ocean Springs, obtained and used 15 or more account holders’ unauthorized access devices to obtain money and fund transfers at two banks and a resort in Florida.
This case was investigated by Homeland Security Investigations and prosecuted by Assistant U.S. Attorney Andrea Jones.
Huntington Woman Pleads Guilty to Federal Heroin ChargeRead the Press Release
HUNTINGTON, W.Va. – A Huntington woman caught selling heroin earlier this year pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Shirley Lacieann Burlile, 27, entered a guilty plea to distributing 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.
“Since my first day in office as United States Attorney, I have made Huntington a priority,” said United States Attorney Mike Stuart. “We have increased our prosecutorial resources in Huntington to focus on drug traffickers and violent offenders and have significantly increased the number of defendants prosecuted for such crimes. We’re succeeding – not winning yet – and there is no doubt Huntington is a safer city today than the day I took over as United States Attorney.”
On April 4, 2018, a confidential informant contacted Burlile and another individual to arrange a purchase of heroin. During the telephone call, the informant was directed to come to Burlile’s residence located at 4260 U.S. Route 60, Apartment 7 in Huntington. Shortly after, Burlile and the other individual met with the informant inside the residence and Burlile distributed heroin to the informant.
During the plea hearing, Burlile admitted that, from at least November 2017 to April 2018, she conspired with others to distribute heroin in the Huntington area. Burlile also admitted to conducting another heroin deal on April 11, 2018, in Huntington. Burlile admitted that she was responsible for the distribution of up to 100 grams of heroin during her participation in the conspiracy.
Burlile faces up to 20 years in federal prison when she is sentenced on March 4, 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.
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