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7 February 2019
Convicted Felon with Criminal Past Sentenced to 100 Months by Federal Judge on Gun ChargeRead the Press Release
ALBANY – A convicted felon with an extensive criminal history was sentenced to 100 months for possession of a firearm today in federal court, said Charles “Charlie” Peeler, the United States Attorney for the Middle District of Georgia. James T. Parker, 36, of Leary, GA, was sentenced to 100 months, plus three years supervised release, by the Honorable Leslie Gardner. Mr. Parker pled guilty to one count of Possession of a Firearm by a Convicted Felon in September 2018. There is no parole in the federal system.
An Albany Police Department officer responded to a report of a robbery by snatching, and witnesses directed the officer to Mr. Parker. During a lawful search of the defendant, the officer immediately felt a weapon, a Jennings .22 caliber pistol with six rounds of ammunition in the gun. Mr. Parker was previously convicted on Possession of Cocaine and Escape charges in Dougherty County Superior Court in January 2017. The defendant was on probation at the time of the arrest.
“Today’s strong sentence shows that our justice system has zero tolerance for dangerous felons who pick up guns and create havoc in our communities,” said Charles “Charlie” Peeler, the U.S. Attorney for the Middle District of Georgia. “I want to applaud the good work of the Albany Police Department, for quickly apprehending a dangerous person, and for their partnership helping making our region safer.”
The case was investigated by the Albany Police Department. Assistant U.S. Attorney Jim Crane prosecuted the case for the Government.
Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Convicted Felon Sentenced for Possessing Heroin and FirearmsRead the Press Release
NORFOLK, Va. – A previously convicted felon was sentenced today to seven years in prison for possession with intent to distribute heroin and being a felon in possession of a firearm.
According to court documents, Earl Jerome Joyce, 34, of Norfolk, was stopped for speeding by Norfolk Police in December 2017. During the stop a detective observed marijuana in plain view and Joyce was arrested. Police searched the vehicle and the other passengers and located approximately $82,000 in cash in the possession of the two passengers. After Joyce was transported to the Norfolk Police station, police discovered a plastic bag containing approximately 14 grams of heroin on the floorboard where Joyce had been seated.
While NPD was conducting surveillance outside Joyce’s residence in Norfolk, they observed a man and woman arrive in separate vehicles and enter Joyce’s residence. The man later exited Joyce’s residence carrying a safe, which Norfolk Police later discovered contained three loaded pistols, two of which were stolen. The woman later admitted to leaving Joyce’s residence with a large money-counting machine and a digital scale with drug residue.
Joyce was previously convicted of felony distribution of heroin in Norfolk Circuit Court.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk, and Larry D. Boone, Chief of Norfolk Police, made the announcement after sentencing by Senior U.S. District Judge Henry Coke Morgan, Jr. Assistant U.S. Attorney Darryl J. Mitchell prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-130.
Contractor from North Royalton indicted for paying cash bribes to City of Cleveland building officialRead the Press Release
A contractor from North Royalton was indicted for paying cash bribes to a City of Cleveland building official.
Martin Fano, 69, was indicted on seven counts of honest services mail and wire fraud.
According to the indictment:
Fano owned and operated ABC Construction LLC, a business that provided demolition and construction services in the Cleveland area. The company did demolition work for the City of Cleveland, the Cuyahoga County Land Bank and private parties.
Fano paid bribes to Rufus Taylor, who served as the City of Cleveland’s Chief of the Demolition Bureau. Fano paid money to Taylor so that Taylor would use his position to ensure work performed by Fano’s company would be quickly inspected after completion and more quickly receive signed permits for work performed. This took place between June 2016 and January 2017, and this favorable treatment allowed Fano to receive faster payment for demolition jobs
Taylor has pleaded guilty to bribery and extortion charges and is scheduled to be sentenced later this year.
“Bribery is not acceptable, whether you are a contractor paying the bribe or a public official accepting the money,” U.S. Attorney Justin Herdman said. “Rooting out corruption is vital to protecting our public institutions.”
“Bribing a public official is, most assuredly, a bad business practice and against the law,” said FBI Special Agent in Charge Eric B. Smith. “The FBI will continue to root out public corruption and hold those that are stealing from our taxpaying citizens accountable in a court of law.”
Brad Geary, Special Agent in Charge of the U.S. Department of Housing and Urban Development’s Office of Inspector General, said: “The prosecution of Mr. Fano’s conduct should serve as a reminder that the HUD Office of Inspector General will vigorously pursue these individuals and bring them to justice. We wish to thank the U. S. Attorney’s Office and our federal law enforcement partners for their continued partnership throughout this investigation.”
This case was investigated by the Federal Bureau of Investigation, the Department of Housing and Urban Development’s Office of Inspector General, and the Internal Revenue Service – Criminal Investigations.
It is being prosecuted by Assistant U.S. Attorneys Chelsea S. Rice and Elliot Morrison.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
A charge is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.Colombian Veterinarian Sentenced in Brooklyn Federal Court to 72 Months’ Imprisonment for Heroin Importation ConspiracyRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, Andres Lopez Elorez, a veterinarian who surgically implanted liquid heroin in puppies on behalf of Colombian drug traffickers, was sentenced by United States District Judge Sterling Johnson, Jr. to 72 months’ imprisonment. In September 2018, Elorez pleaded guilty to conspiring to import heroin into the United States. Upon completion of his sentence, the defendant will be deported.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Ray Donovan, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA), announced the sentence.
“Every dog has its day, and with today’s sentence, Elorez has been held responsible for the reprehensible use of his veterinary skills to conceal heroin inside puppies as part of a scheme to import dangerous narcotics into the United States,” stated United States Attorney Donoghue. “This Office and our law enforcement partners will continue to investigate and prosecute drug trafficking organizations, operating here and abroad, to reduce the availability of opioids and save American lives.” Mr. Donoghue extended his grateful appreciation to the U.S. Drug Enforcement Administration, New York and Miami Divisions and Bogota and Madrid Country Offices; the United States Marshals Service; the Colombian National Police; the Government of Spain and the Spanish Guardia Civil for their assistance in the investigation, extradition and prosecution.
“This sentencing closes the case on a trafficking organization that used live puppies to smuggle drugs from Colombia to New York,” stated DEA Special Agent-in-Charge Donovan. “Today, the veterinarian responsible for surgically implanting packets of liquid heroin in puppies has been sentenced to 72 months in federal prison. I commend our law enforcement partners and U.S. Attorney’s Office, Eastern District of New York, for their diligent efforts throughout this 14-year investigation.”
According to court filings and facts presented during court proceedings, Elorez and his co-conspirators, based in Colombia, smuggled heroin into the United States using various methods to conceal the narcotics from law enforcement. Specifically, between September 8, 2004 and January 1, 2005, Elorez leased a farm in Medellin, Colombia, where he secretly raised dogs and surgically implanted bags of liquid heroin in nine puppies for importation into the United States. On January 1, 2005, law enforcement searched the farm and seized 17 bags of liquid heroin weighing nearly three kilograms, including 10 bags that were removed from the puppies. Three of the puppies died after they contracted a virus following the surgeries.
Elorez was a fugitive until he was arrested in Spain in 2015. Elorez was extradited to the United States in May 2018.
The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section. Assistant United States Attorneys Nathan D. Reilly and Alicia N. Washington are in charge of the prosecution.
The Defendant:
ANDRES LOPEZ ELOREZ
Age: 39
Country of Birth: ColombiaE.D.N.Y. Docket No. 05-CR-835 (SJ)
Charges Filed in Gold Heist CaseRead the Press Release
A third individual has been indicted on charges related to the armed robbery of gold bars.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office made the announcement.
Pedro Santamaria, 56, is charged by indictment with conspiring to commit a Hobbs Act robbery and with conspiring to use and carry a firearm in furtherance of that robbery. The indictment alleges that Santamaria conspired to commit these crimes with Adalberto Perez and Roberto Cabrera, both of whom previously pled guilty for their involvement in the robbery (Case Nos. 16-Cr-20158-JAL and 16-Cr-20160-KMM).
According to the court records, including the indictment, Santamaria, Perez and Cabrera caused noxious fumes to fill the cabin of the TransValue, Inc. truck that was transporting gold bars to Massachusetts. At gunpoint, two robbers removed and bound the TransValue employees. The robbers then transferred the gold bars to their vehicle and fled.
An indictment contains allegations. Every defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
U.S. Attorney Fajardo Orshan commended the FBI for their continued assistance in this matter. The case is being prosecuted by Assistant U.S. Attorneys Michael Gilfarb and Alejandra Lopez.
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.
California Man Sentenced for Threatening CommunicationsRead the Press Release
United States Attorney Ron Parsons announced that a California man convicted of Interstate Communications of Threats to Injure was sentenced on February 4, 2019, by U.S. District Judge Roberto A. Lange.
Zackary Anthony Mitchell, age 23, was sentenced to time served through February 6, 2019, 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. As part of the supervised release plan, he will return to California and be on home confinement to his father’s home for 5 months.
Mitchell was indicted by a federal grand jury on October 16, 2018. He pled guilty on January 3, 2019.
The conviction stemmed from an incident that occurred between December 23, 2017, and January 14, 2018, when Mitchell repeatedly texted the victim threatening harm and injury to her and threats of killing her family.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Mitchell was immediately turned over to the custody of the U.S. Marshals Service.
Burgaw Man Sentenced to More Than 18 Years for Child Pornography OffenseRead the Press Release
RALEIGH — The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, Chief United States District Judge Terrence W Boyle sentenced Cheyne Martin Potrafka, 35, of Burgaw to 220 months’ imprisonment, followed by a lifetime of supervised release. POTRAFKA pled guilty to one count of receipt of child pornography on November 1, 2018.
The charge arose from a state probation search. On August 9, 2016, Potrafka began a term of state post-release supervision, following a 2013 conviction on two counts of Indecent Liberties with a Child in Pender County Superior Court. Not long after POTRAFKA began post-release supervision, his probation officer became concerned about POTRAFKA’s compliance. Specifically, the officer learned that POTRAFKA admitted during sex-offender treatment to having sexually abused multiple children in the past and that members of Potrafka’s church had begun complaining about him lingering near children.
On March 1, 2017, probation conducted a warrantless search of POTRAFKA’s residence, pursuant to the terms of his supervision agreement. His computer and hard drives were examined on site and found to contain over 150 images and a video of child pornography. A later forensic examination revealed additional files that had been deleted. In an interview, Potrafka admitted to possessing child pornography. He also admitted to sexually abusing approximately 14 children during his lifetime, describing in detail the multiple incidents of past sexual abuse.
Mr. Higdon commented: “Cases like this one are among the most important we handle as federal prosecutors. This case alone revealed how pervasive this problem is and how offenders like this defendant often leave many victims in their wake-here, by the defendant’s own admission, 14 children plus those victimized in the videos and pictures he possessed. The Justice Department remains firmly committed to protecting our most vulnerable citizens-our children, by aggressively investigating and prosecuting these cases wherever we find them.”
This case is part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level. For more information about this important national initiative, go to www.projectsafechildhood.gov.
The investigation of this case was conducted by the Pender County Sheriff’s Office, the North Carolina State Bureau of Investigation, and the Federal Bureau of Investigation. Assistant United States Attorney Jake D. Pugh represented the government.
Buffalo Business Owner Pleads to Tax Fraud Charge and Harboring an Illegal AlienRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Todd Cameron, 47, of Buffalo, NY, pleaded guilty to filing a false tax return and transporting and harboring an illegal alien, before U.S. District Judge Richard J. Arcara. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that between June 2012 and December 2015, Cameron operated the Buffalo Remodeling & Construction Co. of W.N.Y. and Buffalo Roofing Co. For the tax years 2013-2015, the defendant failed accurately to report income generated from his businesses to the Internal Revenue Service.
In addition, between July 2015 and December 2015, Cameron transported and harbored six illegal aliens for the purpose of commercial advantage and private financial gain. The defendant paid for the illegal aliens to be transported from the State of Maryland here to the Western District of New York to work for his roofing business. Cameron then paid to house the illegal aliens, first at a local hotel, and then at a house owned by a business of the defendant.
The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Acting Special Agent- in-Charge, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for May 13, 2019, at 12:30 p.m. before Judge Arcara.
Bronx Couple Admit Sex Trafficking of MinorRead the Press Release
TRENTON, N.J. – A Bronx, New York, man and woman today admitted their roles in a month-long scheme to advertise and provide a minor for sexual acts for money, U.S. Attorney Craig Carpenito announced.
Richard Ortiz, 23, a/k/a “Ace,” and Gabriella Colon, 19, both of Bronx, New York, pleaded guilty before U.S. District Judge Freda L. Wolfson in Trenton federal court to informations charging them with conspiracy to commit sex trafficking of a child.
According to documents filed in this case and statements made in court:
From January 2018 through February 2018, Ortiz and Colon recruited, enticed, and advertised Victim-1, knowing that Victim-1 was less than 18 years old and would be caused to engage in one or more commercial sex acts. Colon and Ortiz acknowledged having transported Victim-1 from New York into New Jersey and Colon admitted to photographing Victim-1 in various states of undress and posting the photographs on a website advertising Victim-1 for sexual services. Colon and Ortiz admitted collecting money from numerous individuals who paid to have sexual relations with Victim-1.
The count to which Ortiz and Colon pleaded guilty carries a maximum term of life imprisonment. Sentencing for Colon is scheduled for May 13, 2019, and for Ortiz, May 14, 2019.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark; and detectives with the Middlesex County Prosecutor’s Office, under the direction of Prosecutor Andrew Carey, with the investigation leading to today’s guilty pleas. He also thanked the East Brunswick and Fort Lee, New Jersey, police departments for their assistance.
The government is represented by Special Assistant U.S. Attorney Shawn Barnes of the U.S. Attorney’s Office Organized Crime Drug Enforcement Task Force/Narcotics Unit in Newark.
Defense counsel: Ortiz: Olubukola Adetula Esq., Irvington, New Jersey
Colon: Candace Hom Esq., Assistant Federal Public Defender, NewarkBrazilian National Currently Serving Murder Sentence Charged with Illegal ReentryRead the Press Release
BOSTON - A Brazilian national was indicted and charged with illegally reentering the United States after deportation.
Walter Gomes DaSilva, 47, was indicted on one count of illegal reentry after deportation. He appeared in federal court in Boston today.
According to court records, DaSilva was first encountered by law enforcement in 1998 while an inmate at the Bristol House of Corrections. At that time, DaSilva was serving a two-year sentence for domestic assault and battery. Upon completion of his sentence, he was placed in removal proceedings, and on Nov. 29, 1999, he was deported to Brazil.
Sometime thereafter, DaSilva illegally reentered the United States. In 2003, DaSilva was convicted in Middlesex Superior Court of assault and battery with a dangerous weapon and assault to kill and was sentenced to 8-10 years in prison. After completing his sentence, DaSilva was placed into removal proceedings, and on March 27, 2012, he was deported to Brazil.
DaSilva again illegally reentered the United States, and in 2016, he was charged in Bristol County with illegal possession of a firearm and the murder of his daughter. In 2018, DaSilva was convicted of murder and sentenced to 25-years-to-life in prison.
The charging statute provides for a sentence of no greater than 20 years in prison, up to three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Todd M. Lyons, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.
Brazilian National Charged with Making False Statements Concerning South Boston School ShootingRead the Press Release
BOSTON – A Brazilian national was arrested today and charged in connection with sending a letter to U.S. Citizenship and Immigration Services (USCIS) that threatened an armed attack on a South Boston school in 2018.
Clebio P. De Lima, 43, a Brazilian national illegally residing in Quincy, was arrested and charged in an indictment unsealed today with two counts of making false statements to federal authorities. De Lima will appear at 11:30 a.m. in federal court in Boston.
According to the charging documents, in February 2018, USCIS’ Boston Office received an unsigned letter handwritten in Portuguese stating that an individual identified by the name of “Mario” was going to carry out an attack at a South Boston school. The letter stated that Mario had purchased two firearms and that he was looking to buy more. It is alleged that the letter concluded by stating, “I invite you to take action, I trust in you. Thank you for the great security of this country.”
Following an investigation, it was determined that the allegations in the letter were false. During an interview with agents in September 2018, De Lima falsely denied any knowledge about the unsigned letter sent to USCIS.
The charging statute provides for a sentence of no greater than five years in prison, one year of supervised release and a $250,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Peter C. Fitzhugh, Special Agent in Charge of the Homeland Security Investigations in Boston, made the announcement today. The case was investigated by the FBI Boston Joint Terrorism Task Force. Assistant U.S. Attorney George P. Varghese of Lelling’s National Security Unit is prosecuting the case.
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.
Biodiesel Fuel Company Sentenced for Releasing More Than 45,000 Gallons of Wastewater into Arthur KillRead the Press Release
NEWARK, N.J. – An Elizabeth, New Jersey, biodiesel fuel company was sentenced today for discharging more than 45,000 gallons of wastewater from its commercial biodiesel fuel production facility into the Arthur Kill, a narrow waterway that separates New Jersey from Staten Island, New York, U.S Attorney Craig Carpenito announced.
Fuel Bio One LLC was sentenced by U.S. District Judge William J. Martini to pay a criminal fine of $100,000. The company was also sentenced to probation for a period of five years, during which the company must: provide biannual reports to the Court and the Government documenting its waste generation, handling and disposal practices; develop, implement, and fund an employee training program to ensure that all employees are aware of proper waste handling and disposal practices and to ensure that all storage, treatment and disposal of wastewater complies with the Clean Water Act; and allow U.S. Environmental Protection Agency full access to all offices, warehouses and facilities owned or operated by the company.
Fuel Bio One LLC previously pleaded guilty before U.S. Magistrate Judge James B. Clark 3rd to an information charging it with one count of violating the Clean Water Act, a statute that was enacted to prevent, reduce, and eliminate water pollution in the United States.
“Protecting the environment and our natural resources is one of the many ways this office works to keep New Jersey safe for everyone,” U.S. Attorney Carpenito said. “The sentence imposed today as a result of Fuel Bio One’s previous guilty plea ensures that the company will be punished for its past crimes, and the plea agreement puts in place a plan to ensure they don’t pollute our waterways in the future.”
According to court documents filed in this case and statements made in court:
Fuel Bio One generated wastewater that included methanol, biodiesel and other contaminants, as a byproduct of its biodiesel fuel production at its Elizabeth, New Jersey, plant. On Sept. 6, 2013, and Nov. 9, 2013, employees of Fuel Bio One released approximately 45,000 gallons of wastewater into a storm water pit at the Elizabeth plant, causing the pump to operate and, as a result, wastewater to be discharged into the Arthur Kill. A representative of Fuel Bio One admitted to this conduct in court.
U.S. Attorney Carpenito credited special agents of the U.S. Environmental Protection Agency, under the direction Special Agent in Charge Tyler Amon, with the investigation leading to today’s sentencing.
The Government is represented by Assistant U.S. Attorney Kathleen P. O’Leary of the U.S. Attorney’s Office Health Care and Government Fraud Unit in Newark and Adam Cullman of the Environmental Crimes Section of the U.S. Department of Justice.
Bible-Wielding Drug Dealer Found Guilty of Federal Gun and Drug ChargesRead the Press Release
DENVER – Miguel Antonio Garcia, age 40, of Denver, was found guilty yesterday of federal drug and gun crimes following a three-day trial before U.S. District Court Judge Raymond P. Moore, U.S. Attorney Jason Dunn and ATF Denver Special Agent Debbie Livingston announced. Garcia appeared at the trial in custody and was remanded to the custody of the U.S. Marshals Service at the trial’s conclusion.
Garcia was first charged by criminal complaint on July 13, 2018, and was subsequently charged by indictment on July 26, 2018. A superseding indictment was filed on January 10, 2019. On February 6, 2019, he was found guilty, following a three-day jury trial, of Possession of a Firearm and Ammunition by a Prohibited Person, Possession with Intent to Distribute a Controlled Substance, and Possession of a Firearm in Furtherance of a Drug Trafficking Crime. The jury deliberated for an hour and a half before returning its verdicts.
According to court documents, as well as facts presented during trial, on July 11, 2018, an individual called 911 claiming Garcia, who was walking the streets of Denver with a backpack and a bible, had asked him for a drink. The 911 caller claimed he invited the defendant up to his apartment and gave him some water when the defendant pulled a gun from inside his waistband, and another from inside a bible case. The defendant then fled the scene when the individual called 911. Within minutes, the defendant was located on the same block carrying a bible, but without the backpack or the two guns.
Soon thereafter, the backpack was recovered under a nearby tree. It contained a loaded 10mm semi-automatic handgun, a loaded 9mm semi-automatic handgun, approximately 360 grams of methamphetamine, two scales, and several empty plastic baggies. The backpack also contained a motel room key sleeve which matched a motel key found in Garcia’s pocket and the backplate of a cellphone which matched the phone in Garcia’s pocket. Additionally, the bible Garcia had at the time of his arrest contained indentation marks on the cover and the case which matched the 10mm handgun in the backpack.
Garcia faces not less than 15 years, and up to life in federal prison.
This trial was handled by Assistant U.S. Attorneys Peter McNeilly and Conor Flanigan.
Bedford Man Charged with KidnappingRead the Press Release
BOSTON – A Bedford, Mass. man was arrested late last night on a federal arrest warrant in Key West, Fla., and charged in connection with a kidnapping that began in Concord, Mass., and ended in Connecticut.
Julian Field, 24, was charged with one count of kidnapping and will appear in federal court in Key West, Fla., on Friday, Feb. 8, 2019. Field will be brought to Massachusetts at a later date.
According to court documents, on the evening of Feb. 3, 2019, Field broke into the home of a Concord resident and forced the victim to drive him to a train station in Connecticut, first stopping in Springfield, Mass., to attempt to procure illegal drugs. Field ultimately allowed the victim to leave. Authorities subsequently tracked Field to Florida, where he was arrested.
The charge of kidnapping provides for a sentence of up to life in prison, up to five years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation Boston Field Division; Concord Police Chief Joseph O’Connor; and Bedford Police Chief Robert Bongiorno made the announcement today. FBI Miami and the Monroe County (FL) Sheriff’s Office provided valuable assistance with the investigation. Assistant U.S. Attorney Anne Paruti with Lelling’s Criminal Division is prosecuting the case.
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.
Avondale Man Pleads Guilty to Theft of Social Security FundsRead the Press Release
NEW ORLEANS – United States Attorney Peter G. Strasser announced that JERRY CAMPBELL (“CAMPBELL”), age 60, of Avondale, Louisiana, entered a plea of guilty yesterday to Theft of Government Funds, in violation of Title 18, United States Code, Section 641.
According to documents filed in federal court, CAMPBELL’s sister was authorized to receive Social Security Administration (“SSA”) Title XVI Supplemental Security Income (“SSI”) disability benefits up until her death which occurred on November 8, 2013. An investigation by special agents with the SSA Office of Inspector General and the Louisiana State Police revealed CAMPBELL was in possession of his late sister’s Chase Bank ATM card and began withdrawing money from her account after her death. CAMPBELL admitted to federal authorities on January 22, 2018, that he used his late sister’s ATM card to pay for his own personal expenses knowing he was not entitled to her Social Security benefits. CAMPBELL failed to notify the SSA of his sister’s death and took approximately $32,836.00 in SSI benefits from her account.
CAMPBELL faces a maximum penalty of ten years imprisonment, followed by up to three years of supervised release, a fine of up to $250,000.00, and a mandatory $100 special assessment. Sentencing is scheduled for June 5, 2019.
U.S. Attorney Peter G. Strasser praised the work of the Social Security Administration, Office of Inspector General and the Louisiana State Police. The prosecution of this case is being handled by Assistant U. S. Attorney Brian M. Klebba, Supervisor of the Financial Crimes Unit.
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Akron man indicted for stamping pills containing fentanyl and other drugs to look like Percocet, as well as firearms chargesRead the Press Release
An Akron man was indicted in federal court on fentanyl, firearms and other drug charges, as well as having an illegal pill press.
Donyea Nelson, 42, was indicted on charges including possession of die used to manufacture a counterfeit substance, possession of equipment to manufacture a controlled substance, possession of a firearm in furtherance of drug trafficking, possession with intent to distribute fentanyl, possession with intent to distribute fentanyl analogues and other charges.
According to the nine-count indictment and related court documents:
Law enforcement became aware in December 2018 of several packages sent from China to 1305 Bellows Street in Akron. Some of the shipments were consistent with parts used to press pills.
A search of one of the parcels on January 2, 2019 revealed several parts used to press and stamp pills. The die pieces recovered were designed to print and/or reproduce the trade name and mark of acetaminophen oxycodone hydrochloride, more commonly known as Percocet.
Law enforcement made an undercover controlled delivery of the package the next day. Nelson accepted and signed for the package, which was addressed to a Nelsohn Donnier.
Police entered the home and found numerous powders, capsules, items consistent with a pill press operation, as well as a .45-caliber Blackhawk pistol. The drugs were determined to include fentanyl, methamphetamine, butyrylfentanyl and 4-ANPP.
“This case is a stark reminder that people who buy drugs on the street have no idea what they are putting into their body,” said U.S. Attorney Justin Herdman. “This defendant was pressing pills to look like Percocet but his home was filled with deadly fentanyl, fentanyl analogues and other drugs. I am confident this arrest saved lives.”
“Opioid trafficking continues to be among HSI’s highest investigative priorities,” said Homeland Security Investigations’ Special Agent in Charge Steve Francis. “These deadly drugs pose an extremely serious threat to public safety in our communities. HSI and our partners will be relentless in our effort to bring traffickers of this poison to justice. ”
This case was investigated by Homeland Security Investigations, U.S. Customs and Border Protection and the Akron Police Department. It is being prosecuted by Assistant U.S. Attorney Damoun Delaviz.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
A charge is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
6 February 2019
Woburn Man Charged with Being a Felon in Possession of FirearmRead the Press Release
BOSTON – A Woburn man was indicted today in federal court in Boston for being a felon in possession of a firearm.
Vasily Hardy, 28, was indicted on one count of being a felon in possession of a firearm and ammunition. On Jan. 18, 2019, Hardy was charged by criminal complaint and arrested.
According to charging documents, on Nov. 14, 2018, a police officer conducted a vehicle stop after observing the driver committing multiple traffic violations. After identifying the driver as Hardy, the officer was informed over the radio that there was an active warrant for Hardy’s arrest. Hardy was subsequently arrested and his vehicle was searched. During the search, the officer recovered a Sig Sauer, semi-automatic pistol loaded with an eight-round magazine of .45 caliber ammunition as well as a second eight-round magazine. During an interview with law enforcement, Hardy confirmed that the handgun belonged to him and that he did not have a license to carry a firearm in Massachusetts. Further investigation revealed that Hardy was prohibited from possessing firearms and ammunition due to previous convictions, including assault and battery in 2012 and larceny from a person in 2013, which are each punishable by more than a year in jail.
The charging statute provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement today. Valuable assistance was provided by the Wellesley Police Department, Norfolk County District Attorney’s Office and the Hillsborough County Attorney’s Office in New Hampshire. Assistant U.S. Attorney Stephen W. Hassink of Lelling’s Criminal Division is prosecuting the case.
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.
Union General Hospital to pay $5 million to resolve alleged False Claims Act violationsRead the Press Release
ATLANTA – Union General Hospital (“UGH”), located in Blairsville, Georgia, has agreed to pay $5 million to resolve allegations that it violated the False Claims Act by engaging in improper financial relationships with referring physicians.
“It is imperative that all medical decisions are based on the best interest of the patient not on financial gain,” said U.S. Attorney Byung J. “BJay” Pak. “This settlement demonstrates our commitment to ensuring healthcare providers stay focused on the patient and not enriching themselves.”
“It is a priority for the FBI to protect taxpayers from those who would circumvent our healthcare laws,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Not only do taxpayers lose, but so do citizens who count on programs like Medicare for their healthcare needs.”
“It is unacceptable for hospitals to provide financial incentives to induce physicians to steer patients their way, said Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. “The OIG will vigorously pursue providers who enter into arrangements that can potentially corrupt medical decision making.”
In early 2016, the U.S. Attorney’s Office for the Northern District of Georgia initiated a civil health care fraud investigation into UGH after receiving information from law enforcement agents who arrested several UGH employees for alleged criminal misconduct regarding controlled substances. Shortly after these arrests, UGH replaced the majority of its executive team, conducted an internal investigation, and voluntarily disclosed significant amounts of information related to several financial relationships with physicians and physician practices.
This settlement resolves allegations that UGH engaged in several different improper financial relationships with physicians between 2012 and 2016, in violation of the Stark Law. The Stark Law forbids hospitals from billing Medicare for certain services referred by physicians who have a financial relationship with the hospital unless the relationship falls within a defined exception. The United States alleges that the relationships UGH had with certain physicians were prohibited because UGH compensated the physicians in amounts that were above or inconsistent with fair market value or in a manner that took into account the volume or value of the physicians’ referrals.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
This case was investigated by the U.S. Attorney’s Office for the Northern District of Georgia, the U.S. Department of Health & Human Services Office of Inspector General, and the Federal Bureau of Investigation, with assistance from the Tactical Diversion Squad from the Drug Enforcement Administration.
The civil settlement was reached by Assistant U.S. Attorneys Lena Amanti and Gabriel Mendel.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao-ndga.
Union County, New Jersey, Man Charged with Receiving Child PornographyRead the Press Release
NEWARK, N.J. – A Union County, New Jersey, man appeared in federal court today on charges of receiving images of child sexual abuse, U.S. Attorney Craig Carpenito announced.
Andrew Chu, 28, of Garwood, New Jersey, is charged by complaint with one count of receipt of child pornography. He made his initial appearance today before U.S. Magistrate Judge Michael A. Hammer in Newark federal court and was released on $100,000 unsecured bond with home detention and electronic monitoring.
According to documents filed in this case and statements made in court:
In February 2018, Chu downloaded three videos depicting the sexual abuse of children from a child pornography website located on the darknet.
The charge of receipt of child pornography carries a mandatory minimum penalty of five years in prison, a maximum potential penalty of 20 years in prison, and a $250,000 fine.
U.S. Attorney Carpenito credited special agents with the Department of Homeland Security, Homeland Security Investigations (HSI), Newark Field Office, under the direction of Special Agent in Charge Brian A. Michael, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Sarah A. Sulkowski of the U.S. Attorney’s Office Public Protection Unit in Newark.
The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
U.S. Attorney Erin Nealy Cox to Target Domestic Abusers with GunsRead the Press Release
U.S. Attorney Erin Nealy Cox today announced a new initiative to fight domestic violence using federal firearm laws.
Federal law prohibits convicted domestic violence abusers, as well as those subject to certain protective orders, from possessing guns.
Working in tandem with state and local law enforcement partners, U.S. Attorney Nealy Cox pledged to prosecute domestic violence offenders discovered with guns.
“With so many domestic disputes escalating from bruises to bullets and bloodshed, we can and should play a part in ending this senseless violence,” she said. “We’re hopeful that highlighting this focus will send a message to convicted abusers: Not only can the Justice Department prosecute you for firearm possession, but in the Northern District of Texas, we will.”
Research shows that abusers with a gun in the home are five times more likely to kill their partners than abusers who don’t have that same access to a gun. Dallas County alone sees an average of 15 intimate partner violence fatalities each year – and more than half of victims are killed by gunfire.
Federal prosecutors in the Northern District of Texas have already indicted several domestic violence offenders on various firearm charges:
- John Gabriel Mejia, Jr. was indicted for possession of a firearm while subject to a domestic violence protective order, a violation of 18 U.S.C. § 922 (g)(8). Mr. Mejia, 25, was served with a protective order in 2018, after allegedly holding his girlfriend and her 7-year-old daughter in his garage against their will. With the protective order in effect, he used a 9 mm Glock to threaten his girlfriend.
- Rolando Novell was indicted for possession of a firearm by a prohibited person, a violation of 18 U.S.C. § 922 (g)(9). In 2018, Mr. Novell, 33, pleaded guilty to several assaults, including striking his girlfriend and choking her in front of their infant child. Following his conviction in state court, he signed a statement claiming he did not and would not possess any guns. Authorities arrested him with three pistols two months later.
- James Otis Foley was indicted for felon in possession of a firearm, a violation of 18 U.S.C. § 922 (g)(1). Mr. Foley, also 33, was convicted with aggravated assault with a deadly weapon in March 2011, after he beat his girlfriend, then followed her, brandishing a handgun, as she fled in her car. In 2016, he was again convicted of assault for slamming his girlfriend into a washing machine. Due to his felony convictions, he was not permitted to own guns. But following his release from prison, law enforcement, responding to a domestic dispute call, discovered him with a .45 caliber Glock.
If convicted, all three men face up to 10 years in federal prison. However, as usual, all three defendants are innocent until proven guilty in a court of law.
“We are committed to supplementing the passionate efforts of our state and local partners to hold abusers accountable – and to deter them from taking aim at their partners in the first place,” said U.S. Attorney Nealy Cox.
- John Gabriel Mejia, Jr. was indicted for possession of a firearm while subject to a domestic violence protective order, a violation of 18 U.S.C. § 922 (g)(8). Mr. Mejia, 25, was served with a protective order in 2018, after allegedly holding his girlfriend and her 7-year-old daughter in his garage against their will. With the protective order in effect, he used a 9 mm Glock to threaten his girlfriend.
Two Members of “Black Rain” Drug Crew Indicted in Queens Cold Case MurdersRead the Press Release
An indictment was unsealed today in federal court in Brooklyn charging Darin Hamilton, also known as “Satch,” and Jerome Jones, also known as “Sha,” for their participation in the 1992 murders of Anthony Lloyd and Robert Arroyo. Specifically, Hamilton is charged with the intentional murder of Anthony Lloyd while engaged in narcotics trafficking, and both defendants are charged with the murder of Robert Arroyo while engaged in narcotics trafficking, as well as conspiracy to do the same. Hamilton was arrested this morning and is scheduled to be arraigned this afternoon before United States Magistrate Judge Robert M. Levy. Jones is in federal custody and will be arraigned at a later date.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the arrests.
As detailed in the indictment and the government’s detention memorandum, Hamilton and Jones were members of a Queens-based crew that called itself “Black Rain,” and sold narcotics at several locations on Rockaway Boulevard in the early 1990s. Specifically, the crew sold heroin under the brand name “Black Rain,” cocaine under the brand name “White Lightning” and crack cocaine under the brand name “Thunder.” The gang committed acts of violence, including murder, to protect its profitable operation.
Both murders took place in the vicinity of 128th Street and Rockaway Boulevard in South Ozone Park, where Hamilton and Jones managed a drug spot. As alleged, in June 1992, Hamilton shot and killed Anthony Lloyd, whom he believed had stolen from Black Rain.
Two months later, in August 1992, Hamilton and Jones recruited and paid two members of Black Rain to murder Robert Arroyo, whom they believed was a police informant. In their first attempt, the recruits mistakenly shot another man they incorrectly believed to be Arroyo. The victim survived his wounds. On September 8, 1992, at Hamilton and Jones’s direction, the two recruits located Arroyo on a crowded street and shot him multiple times, killing him.
“As today’s charges make clear, we will not let the passage of time deter us from bringing murderers to justice. It is our hope that this prosecution will bring some measure of consolation to the families of the victims,” stated United States Attorney Donoghue. Mr. Donoghue praised the extraordinary investigative efforts of the FBI and NYPD.
“Investigations grow cold with the passage of time, but investigators don’t stop searching for evidence they need to bring the suspects involved to justice,” stated FBI Assistant Director-in-Charge Sweeney. “Anthony Lloyd and Robert Arroyo were murdered nearly three decades ago, and their killers may have believed they were in the clear. However, the FBI New York Metro Safe Streets Task Force and our partners at the NYPD want this case to serve as a warning for those who believe they can let their guard down, we are still on the case and we won’t give up.”
“Today’s charges prove that the best investigators in the world do not ever forget victims, and they do not ever forget the justice that is owed to those victims’ families,” stated NYPD Commissioner O’Neill. “All New Yorkers deserve to be safe, and to feel safe. The NYPD and our colleagues at the U.S. Attorney’s Office for the Eastern District and the FBI will stop at nothing until every street, in every neighborhood of New York City, is as safe as our safest streets are today.”
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Tanya Hajjar, Moira Kim Penza and Penelope J. Brady are in charge of the prosecution.
The Defendants:
JEROME JONES (also known as “Sha”)
Age: 54
West VirginiaDARIN HAMILTON (also known as “Satch”)
Age: 60
South Ozone Park, QueensE.D.N.Y. Docket No. 19-CR-54 (NGG)
Two Indicted in Connection with a Scheme to Defraud the Federal E-rate ProgramRead the Press Release
Memphis, TN – Charles A. "Chuck" Jones, the part owner of two now-dissolved technology companies, Technology Associates, Inc. and Integrated Computer Solutions, Inc., and Mark J. Whitaker of Murray, Kentucky, were indicted on federal criminal charges of conspiracy to commit wire fraud and wire fraud. U.S. Attorney D. Michael Dunavant announced the indictment today.
According to the indictment, under the Federal Communications Commission’s E-rate Program, the government provides funding to qualified schools to purchase internet access and other telecommunications services and equipment for their students. The E-rate Program pays up to 90% of the cost of these technology services and equipment. Two of the Program’s core eligibility requirements are that applicant schools conduct a fair and open competitive bidding process and that each applicant school pay some percentage of the cost of the internet access and other telecommunications services and equipment. The E-rate Program pays the balance of that cost, which ranges from 20% to as high as 90%. As described in the indictment, the reason the schools are required to pay a portion of the costs are: a) to ensure that schools have a financial incentive to negotiate for the most favorable prices so that E-rate Program funds are not wasted; and b) to ensure that schools purchase only those items and services they truly need.
The indictment further charges that Jones and Whitaker conspired with an individual identified as A.J., to whomJones gave money and other things of value in return for A.J.’s assistance. The co-conspirators used A.J. and A.J.’s position with schools in Crockett County, Tennessee and Missouri to violate Program rules. Additionally, the co-conspirators submitted and caused to be submitted fabricated documents and made false statements and representations to the E-rate Program administrator, which included assertions that Jones’ companies had invoiced schools for the proper co-payment amounts. These actions were taken to circumvent E-rate Program rules and review and to obtain payments from the E-rate Program administrator to Jones’ companies. Jones’ companies received approximately $8.5 million from the E-rate Program and Jones used funds from the companies’ bank accounts for his own benefit.
U.S. Attorney D. Michael Dunavant said, "Protection of federal grant programs that provide needed services and equipment to our schools in West Tennessee is a top priority of this office. When dishonest offenders conspire to defraud these programs for their own selfish gain and unjust enrichment, they not only steal tax dollars, but also hurt local schools in the process. We will continue to work with our federal partners to root out and expose such fraud against the government, to hold offenders accountable, and to recover ill-gotten gains."
FCC Inspector General David Hunt stated: "Today’s charges allege that Mr. Jones and Mr. Whitaker knowingly and willfully violated the bedrock requirements of the FCC’s E-rate Program while hiding these violations from the Program’s administrator, all with the goal of enriching Mr. Jones with E-rate funds, thus depriving students of the benefits of this program – up-to-date telecommunications services. I thank U.S. Attorney Dunavant for prosecuting this case. We will continue to work with our law enforcement partners to pursue those who seek to illegally take money from the FCC’s programs."
This case was investigated by the FCC Office of Inspector General and the Federal Bureau of Investigation.
Assistant United States Attorneys Tony Arvin and Murre Foster are prosecuting this case on the government’s behalf.
The charges contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Tucker County residents admit to their roles in a methamphetamine distribution operationRead the Press Release
ELKINS, WEST VIRGINIA – Two Parsons, West Virginia residents have admitted to their roles in a methamphetamine distribution operation, United States Attorney Bill Powell announced.
John Luther Boyles, age 62, pled guilty to one count of “Conspiracy to Distribute Methamphetamine.” Boyles admitted to conspiring with others to distribute more than five grams of methamphetamine from December 2017 to March 2018 in Tucker and Randolph Counties and elsewhere.
Donna Alyce Boyles, age 51, pled guilty to one count of “Aiding and Abetting Maintaining Drug-Involved Premises.” She admitted to maintaining a residence located at 128 Main Street in Parsons, West Virginia, to manufacture, sell or use methamphetamine.
John Boyles faces no less than five years and up to 20 years incarceration and a fine of up to $5,000,000. Donna Boyles faces up to 20 years incarceration and a fine of up to $500,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Brandon S. Flower is prosecuting the cases on behalf of the government. The Mountain Region Drug & Violent Crimes Task Force investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Three Aliens Indicted on Illegal Reentry ChargesRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging EMERSON YUBIMY HERRERA-ALFARO, age 19, of El Salvador, JUAN ANGEL MURILLO RUIZ, age 34, of Honduras, and MARIO ALBERTO LLAMAS-HERNANDEZ, age 37, of Mexico, with Illegal Reentry of a Deported Alien.
If convicted of illegal reentry of a deported alien, HERRERA-ALFARO, previously deported two times and found in Granville County, and MURILLO RUIZ, previously deported and found in Sampson County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
LLAMAS-HERNANDEZ, previously deported and found in Wake County, is alleged to have been previously deported subsequent to a felony conviction (cocaine trafficking). Therefore, if convicted, he would face a maximum imprisonment term of 10 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The cases are being investigated by ICE’s Enforcement and Removal Operations and Homeland Security Investigations.
Tampa Man Sentenced to Five Years in Prison for Scheme Involving Nearly $400,000 in Stolen Federal Tax Refund ChecksRead the Press Release
Tampa, Florida – Senior U.S. District Judge James Moody, Jr. today sentenced Taurence Creary (47, Tampa) to five years in federal prison for conspiracy, receipt of stolen government property, and aggravated identity theft. Creary had pleaded guilty on April 5, 2018.
According to court documents, Creary obtained a number of genuine federal tax refund checks that had been stolen en route to the intended taxpayers, who were identity theft victims living in the Middle District of Florida. Creary and others then sold or attempted to sell the checks to third parties. The U.S. Department of Treasury tax refund checks ranged in amounts from $4,000 to more than $100,000, with an aggregate value of over $398,000.
On May 10, 2018, U.S. District Judge Mary S. Scriven sentenced Xavier Williams, Creary’s co-conspirator, to three years in federal prison for his role in the scheme.
This case was investigated by the Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorneys Rachel K. Jones and Eric K. Gerard.
Suspended Nurse Practitioner Indicted for Illegal PrescriptionsRead the Press Release
PITTSBURGH, PA - A suspended nurse practitioner has been indicted by a federal grand jury in Pittsburgh on charges of dispensing and distributing controlled substances and conspiring to distribute and dispense controlled substances, United States Attorney Scott W. Brady announced today.
The 294-count Indictment, returned on Feb. 5, named Larry J. Goisse, Jr. 34, as the sole defendant.
According to information previously provided to the court, Goisse is a Certified Registered Nurse Practitioner who owns and operates Prime Psychiatric Care, LLC, which has two offices in Pittsburgh. In July of 2018, Goisse’s Pennsylvania state medical licenses were revoked by the Commonwealth of Pennsylvania, meaning he does not have the legal authority to authorize prescriptions for controlled substances. The indictment alleges that on 294 occasions, Goisse prescribed Adderall after his nursing licenses had been suspended.
"In addition to being illegal, prescribing controlled substances without a license raises all kinds of red flags," said U.S. Attorney Brady. "We moved quickly to ensure the safety of the public but our investigation of this matter continues."
The law provides for a maximum per count sentence of 20 years in prison, a fine of $1,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Robert S. Cessar is prosecuting this case on behalf of the government.
The investigation leading to the filing of charges in these cases was conducted by the Western Pennsylvania Opioid Fraud and Abuse Detection Unit (OFADU). The Western Pennsylvania OFADU, led by federal prosecutors in the U.S. Attorney’s Office, combines the expertise and resources of federal and state law enforcement to address the role played by unethical medical professionals in the opioid epidemic. This unit has investigated and prosecuted more corrupt health care professionals than any other U.S. Attorney’s Office in the country.
The agencies which comprise the Western Pennsylvania OFADU include: Federal Bureau of Investigation, U.S. Health and Human Services – Office of Inspector General, Drug Enforcement Administration, Internal Revenue Service-Criminal Investigations, Pennsylvania Office of Attorney General - Medicaid Fraud Control Unit, Pennsylvania Office of Attorney General – Bureau of Narcotic Investigations, United States Postal Inspection Service, U.S. Attorney’s Office – Criminal Division, Civil Division and Asset Forfeiture Unit, Department of Veterans Affairs-Office of Inspector General, Food and Drug Administration-Office of Criminal Investigations, U.S. Office of Personnel Management – Office of Inspector General and the Pennsylvania Bureau of Licensing.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
St. Louis Man Pleads Guilty to Carjacking and Robbing a 7-11 StoreRead the Press Release
St. Louis, MO – Ahmaad Ali, 24, St. Louis, pleaded guilty to carjacking, brandishing a firearm during a federal crime of violence and robbery charges. He appeared in federal court today before U.S. District Judge Ronnie L. White and set sentencing for May 8, 2019.
According to the plea agreement, on October 17, 2017, officers of the St. Louis Metropolitan Police Department responded to 3880 Meramec, after a report of a robbery/carjacking at that location. The victim was located and she said had been in her gold 2002 Pontiac Aztek, traveling east in the 3800 block of Meramec. She stated she stopped at the curb to make a call on her cellular phone. While doing so she heard a knock at her driver’s window. She then looked over and observed a male standing at the driver’s door with a military style weapon brandished at her. She opened the door and attempted to hand over her purse; the suspect refused the purse, and ordered her out of the vehicle.
When she complied, co-defendant Jevante Phillips entered the driver’s seat. She additionally observed the passenger door closing. Ali entered the passenger side of her vehicle.
The vehicle then fled east on Meramec. The stolen vehicle contained her purse, which held personal items, and her driver’s license. Her vehicle additionally contained a GoGo Sport scooter, which was located in the rear of the vehicle.
On October 18, 2017, Ali, along with co-defendants Jevante Phillips and Travion Lindsey, all armed with firearms entered the 7-11 store located on Christy Avenue in South St. Louis. The three arrived at the 7-11 in a Pontiac Aztek that had been stolen one day earlier at gunpoint by Ali and Phillips. They entered the store brandishing their firearms and wearing masks. One walked around the counter and began stealing lottery tickets and money from the cash register. He was armed with a black long barrel pistol grip firearm. A second male jumped over the counter and began removing the cash register. He was armed with a black handgun, containing an extended magazine. The third male stood guard at the door and eventually walked over the counter and assisted in removing currency. He was armed with a black handgun, which he held in his left hand the entire time. After two minutes inside of the store, the three ran out of the store taking liquor bottles, cigarettes, and candy on their way outside. The males then re-entered the Aztec and fled the area northbound, out of sight.
Phillips pled guilty in September 2018 and is scheduled to be sentenced February 13, 2019; Lindsey pled guilty in January 2019 and is scheduled to be sentenced April 18, 2019.
Carjacking carries a penalty of not more than 20 years in prison and a $250,000 fine; brandishing a firearm during a federal crime of violence carries a penalty of not less than seven and not more than 20 years in prison and a $250,000 fine; and robbery carries a penalty of not more than 20 years in prison and a $250,000 fine. Restitution to the victim is also mandatory. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case is being investigated by the Federal Bureau of Investigation and assisted by the St. Louis Metropolitan Police Department. Assistant U.S. Attorney Tom Mehan is handling the case for the U.S. Attorney’s Office.
Somerset County Man Sentenced to 10 Years in Federal Prison for Attempted Coercion and Enticement of a Minor to Engage in Sexually Explicit ConductRead the Press Release
Baltimore, Maryland – On February 5, 2019, U.S. District Judge Richard D. Bennett sentenced Christian Moylan, age 38, of Eden, Maryland, to 10 years in federal prison, followed by 25 years of supervised release, for his conviction on attempted coercion and enticement of a minor to engage in sexually explicit conduct. Judge Bennett also ordered that, upon Moylan’s release from prison, he will be required to register as a sex offender in the places where he resides, where he is employed, and where is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Baltimore Field Office; and Colonel William M. Pallozzi of Maryland State Police.
According to the plea agreement, on December 7, 2016, Moylan sent a sexually explicit photograph of a pre-pubescent girl over the internet. The National Center for Missing and Exploited Children (NCMEC) was notified, and the Maryland State Police and HSI initiated an investigation. The investigation revealed that, for several years, Moylan used a fake female identity to communicate with minors using a messaging application. He used this fake identity to meet young girls in various Internet chat rooms, and then would start private online conversations with some of the girls he met online. Pretending to be a girl, Moylan would initially communicate with the girls he met online about age-appropriate topics, such as cheerleading and school, and then he would gradually engage in more sexually explicit conversations. Between June 26, 2014 and September 2, 2014, Moylan used his computer to send very sexually explicit messages to a 15-year-old girl, and he persuaded, and attempted to persuade the teenager to send him sexually explicit photos of herself.
Moylan also possessed more than 1,000 images of child pornography, including images that portrayed the sexual abuse of prepubescent minors, including a toddler.
Moylan’s federal sentence will be served concurrently to the state sentence Moylan is currently serving.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the “resources” tab on the left of the page.
United States Attorney Robert K. Hur commended the HSI and the Maryland State Police for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Christine Duey, who prosecuted the federal case.
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Shubuta Woman Pleads Guilty to Making a False Statement to a Licensed Firearms DealerRead the Press Release
Jackson, Miss – Tamesha Lewis, 36, of Shubuta, Mississippi, pled guilty today before U.S. District Judge Henry T. Wingate, to making a false statement to a licensed firearms dealer in connection with purchasing a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
On March 21, 2018, Lewis tried to purchase a firearm by providing false information on a Firearms Transaction Record, a required form for the purchase of a firearm, at Garrett’s Sports Center in Meridian, Mississippi.
Lewis will be sentenced on May 7, 2019, by Judge Wingate, and faces a maximum penalty of ten years in prison and a $250,000.00 fine.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Bert Carraway.
San Carlos Man Sentenced to over 18 Years for Sexual Abuse of a Vulnerable VictimRead the Press Release
PHOENIX – On Feb. 4, 2019, Derrick Lee Hinton, 29, of San Carlos, Ariz., was sentenced by U.S. District Judge David C. Campbell to 18.5 years’ imprisonment followed by 10 years of supervised release. Hinton had previously pleaded guilty to aggravated sexual abuse.
On May 31, 2013, Hinton, an enrolled member of the San Carlos Apache Tribe, sexually assaulted a vulnerable, mentally-challenged victim, who is also an enrolled member of the San Carlos Apache Tribe.
The investigation in this case was conducted by the Bureau of Indian Affairs, the San Carlos Police Department and the Arizona Department of Public Safety. The prosecution was handled by Assistant U.S. Attorney Thomas Simon, District of Arizona, Phoenix.
CASE NUMBER: CR-18-720-PHX-DGC
RELEASE NUMBER: 2019-007_Hinton
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
San Carlos Man Sentenced to 37 Months for Distributing MethamphetamineRead the Press Release
PHOENIX – On Feb. 4, 2019, Victor James Long, Sr., 34, of San Carlos, Ariz., was sentenced by U.S. District Judge Susan M. Brnovich to 37 months’ imprisonment, followed by three years of supervised release. Long had previously pleaded guilty to possession with the intent to distribute methamphetamine.
On Feb. 6, 2014, the San Carlos Police Department arrested Long, a member of the San Carlos Apache Tribe, on an unrelated matter. During a search of Long’s clothing incident to that arrest, the Police Chief located 28 grams of methamphetamine. Long admitted he possessed the methamphetamine for purposes of distribution on the San Carlos Community.
The investigation in this case was conducted by the San Carlos Police Department, the Bureau of Indian Affairs and the Drug Enforcement Administration. The prosecution was handled by Assistant U.S. Attorney Thomas Simon, District of Arizona, Phoenix.
CASE NUMBER: CR-18-583-PHX-SSMB
RELEASE NUMBER: 2019-008_Long
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Project Huntington Update: Saigon Sunset Defendant Sentenced to 97 Months in PrisonRead the Press Release
HUNTINGTON, W.Va. – A Detroit man was sentenced today to 97 months in federal prison for his role in a drug conspiracy, announced United States Attorney Mike Stuart. Willie Peterson, also known as “Chill,” 50, previously pled guilty to an indictment that charged him with conspiracy to distribute 100 grams or more of heroin and a quantity of fentanyl. The investigation was the result of a joint effort by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West.
“The Peterson drug trafficking organization was a big time supplier of dangerous narcotics that was transported from Detroit to Huntington,” said United States Attorney Mike Stuart. “Not anymore -- Operation Saigon Sunset took the entire organization down.”
Peterson admitted that between July 2017 and April 2018 he conspired with individuals to distribute 100 grams or more of heroin and quantities of fentanyl in Huntington, West Virginia. Peterson admitted that he distributed quantities of heroin to his brother, Manget Peterson, also known as “Money,” for him to distribute in Huntington, West Virginia in exchange for money. Individuals in Huntington would send Peterson drug proceeds in Detroit, Michigan from drug sales in Huntington, West Virginia. As part of his plea agreement, Peterson also admitted that in March 2018 he assisted David Miller, also known as “John,” in placing fentanyl and cocaine in a black box and attaching the box to Miller’s vehicle. Miller intended to transport the controlled substances to Huntington for distribution purposes. However, the Michigan State Police conducted a traffic stop on Miller and seized the controlled substances.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
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Poplar man sentenced in beating deathRead the Press Release
GREAT FALLS – A Poplar man was sentenced today to six years and eight months in prison and to three years of supervised release after he admitted beating to death a man during a quarrel in July 2017, U.S. Attorney Kurt Alme said today.
Errol Wayne Longee, 35, pleaded guilty in November to voluntary manslaughter for the July 1, 2017 death of a man at a Poplar residence on the Fort Peck Indian Reservation.
U.S. District Judge Brian M. Morris presided. Judge Morris also ordered $2,816 restitution.
Prosecutors said Longee and the victim had been hanging out and drinking in the backyard of the residence when another individual arrived. That individual made accusations against the victim and starting punching the victim in the face. Longee then started assaulting the victim, kicking the victim in the face and stomping on his head. Longee left the scene and later told a relative that he thought he had killed the victim. When interviewed by law enforcement, Longee admitted to hitting and kicking the victim multiple times.
Assistant U.S. Attorney Bryan Dake prosecuted the case, which was investigated by the FBI and Ft. Peck Tribal Department of Law and Justice.
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Physician Sentenced to Prison for False Billing SchemeRead the Press Release
BOSTON – A physician at the now-defunct New England Pain Management Associates Inc. was sentenced today in federal court in Boston for conspiring to falsify patient medical records in order to obtain payments from Medicare and commercial insurers for medical services that were not performed.
Moustafa Moataz Ibrahim Aboshady, 36, of Lake Forest, Calif., was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 75 months in prison, three years of supervised release and ordered to pay restitution in the amount of $1,852,459. In September 2018, a federal jury convicted Aboshady of one count of conspiracy to make false statements in connection with health care benefit programs and two counts of making false statements in connection with health care benefit programs. In March 2018, co-conspirator Dr. Fathalla Mashali was sentenced to eight years in prison after pleading guilty to 27 counts of health care fraud, one count of conspiracy to commit mail fraud and 16 counts of money laundering.
“Mr. Aboshady helped Dr. Mashali operate one of the most dangerous pain management practices in Massachusetts,” said United States Attorney Andrew E. Lelling. “Dr. Mashali routinely dispensed large quantities of powerful narcotics to addicted patients. Mr. Aboshady assisted Dr. Mashali’s illegal behavior by using his training as a doctor to fabricate patient records, with the goal of duping Medicare and other insurers into paying Dr. Mashali for his fraudulent conduct. Moreover, Aboshady later lied about Mashali’s medical practices to regulatory authorities.”
“Dr. Aboshady engaged in unlawful, unethical, and unprofessional conduct. He used the Medicare system as his own personal ATM, cheating taxpayers and private insurance companies out of thousands of dollars by billing them for medical services that were never performed. The FBI is committed to protecting government and private health care programs and stopping those who steal from them,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division.
During the time of the conspiracy, Aboshady was a medical resident in Massachusetts and Rhode Island, employed at New England Wellness & Pain Management, P.C., which was also known as New England Pain Associates, P.C., Greystone Pain Management, Inc., and New England Pain Institute, P.C., or NEPA. NEPA had locations in Massachusetts and Rhode Island, and was operated by Fathallah Mashali, a pain management physician.
Aboshady conspired with Mashali, other members of NEPA, and members of a satellite office in Cairo, Egypt, to falsify medical records and urine drug test results to support claims for payment to Medicare and insurers for services that Mashali did not render.
Part of the conspiracy involved falsification of patient encounter notes. Such false information included, but was not limited to, detailed descriptions of extensive physical examinations and treatment plans, and durations of face-to-face interactions with patients exceeding 20 to 40 minutes per appointment, to create the appearance of lengthy and involved patient encounters, when in fact these services did not take place. Aboshady instructed the Cairo office on how to fake patient encounter notes, how to create false electronic signatures on the encounter notes and how to make the timestamps for those signatures look realistic.
Aboshady was also responsible, in conjunction with the office in Cairo, for fabricating urine drug test results with false test dates, so that the tests appeared to have been performed within days of specimen collection rather than weeks or months thereafter. This information was necessary to support urine drug test billing codes submitted to Medicare and insurance companies. In fact, NEPA tested patients’ urine weeks and sometimes three months after the specimens had been collected and stored unrefrigerated in large plastic bags and containers. In addition, in response to a subpoena from the State of Rhode Island concerning some of Mashali’s patients, Aboshady helped Mashali falsify patient medical records.
“Healthcare fraud is corrosive, wasting taxpayer dollars, driving up healthcare costs, and undermining the Medicare program,” said Phillip M. Coyne, Special Agent in Charge for the U.S. Department of Health & Human Services, Office of Inspector General. “Aboshady’s falsification and fabrication of medical records to further his healthcare fraud scheme compromised the integrity of our public healthcare system, and we will continue to aggressively investigate such reckless conduct.”
“I hope this sentence sends a message to other medical providers that medical billing fraud is not tolerated in Massachusetts and when caught, you will pay a price,” said Anthony M DiPaolo, Chief of Investigations of the Insurance Fraud Bureau. “This matter also illustrates the commitment of all agencies to combat medical billing fraud which affects all citizens. The Insurance Fraud Bureau of Massachusetts places a high priority on fighting this type of insurance fraud. The collaboration in this matter is unprecedented.”
U.S. Attorney Lelling; Boston FBI SAC Bonavolonta, HHS-OIG SAC Coyne, and Massachusetts IFB Chief of Investigations DiPaolo, made the announcement today. Assistance was also provided by the Internal Revenue Service’s Criminal Investigation in Boston. Assistant U.S. Attorneys Abraham R. George, Senior Litigation Counsel of Lelling’s Civil Division, and David G. Lazarus, Chief of Lelling’s Asset Recovery Unit, prosecuted the case.
Petaluma Drug Trafficker Sentenced to Five Years in PrisonRead the Press Release
SAN FRANCISCO – Steven Roberson was sentenced today to 60 months in prison for possessing heroin with intent to distribute the drug, announced United States Attorney David L. Anderson and Drug Enforcement Administration Special Agent in Charge Chris Nielsen. On January 30, 2019, Roberson’s codefendant, Kelly Olson, was sentenced to 64 months in prison for her role in the scheme. The sentences were handed down by the Honorable Maxine M. Chesney, U.S. District Judge.
Roberson, 32, of Petaluma, Calif., pleaded guilty to the charge on October 10, 2018. Olson, 29, also of Petaluma, pleaded guilty about a week later, on October 18, 2018. According to the plea agreements, in January of 2018, law enforcement officers observed Roberson conducting hand-to-hand drug transactions with drug customers in the parking lot of a Safeway store in Petaluma. On February 19, 2018, Roberson and Olson drove together to Sacramento to obtain heroin from a supplier. While the two were driving back to Petaluma, law enforcement officers stopped and eventually searched the car where, in the trunk, officers found heroin, digital scales, and plastic baggies. Both defendants admitted they knew there was heroin in the car and that they possessed it with intent to distribute it. In sum, 156.8 grams of heroin was found in the car.
On May 15, 2018, a federal grand jury handed down a two-count indictment charging each defendant with one count of conspiracy to distribute and possess with intent to distribute heroin, in violation of 21 U.S.C. §§ 846, and 841, and one count of possession with intent to distribute heroin, in violation of 21 U.S.C. § 841. The defendants each pleaded guilty to the possession with intent to distribute count and the conspiracy charges were dismissed.
In addition to the prison terms, Judge Chesney sentenced each defendant to serve a 5-year term of supervised release. Defendants currently are in custody and are beginning to serve their prison terms immediately upon sentencing.
Assistant U.S. Attorney Ravi Narayan is prosecuting the case with the assistance of Kimberly Richardson. The prosecution is the result of an investigation by the DEA, together with Petaluma Police Department
Owner of Illegal Massage Parlor Found Guilty of Sex TraffickingRead the Press Release
United States Attorney Erica H. MacDonald today announced the conviction of OMAR KASHAKA TAYLOR a/k/a “Shaka,” 44, for sex trafficking two victims, including one minor victim. Following a seven-day trial before Senior Judge Donovan W. Frank in U.S. District Court in St. Paul, Minnesota, the jury found TAYLOR guilty on all counts.
“Sex trafficking is an abhorrent crime that will not be tolerated in our communities,” said United States Attorney Erica MacDonald. “Omar Taylor targeted young, Native American women and girls and coerced them into performing commercial sex acts during massages for his own financial benefit. I commend the work of the investigators and the prosecutors in obtaining justice for the victims.”
Assistant U.S. Attorney Manda Sertich said the convictions “should serve as a warning to those who seek to traffic and exploit vulnerable Native American girls and women.”
As proven at trial, from August 2017 through March 2018, TAYLOR, a registered sex offender, operated an illegal massage business out of his Minneapolis residence. TAYLOR recruited several young women and girls to work in his illicit massage business and then, through force, fraud, and coercion, made them perform commercial sex acts in exchange for money for his own financial benefit. TAYLOR used Backpage.com to solicit prospective clients by posting advertisements with photos of the victims, offering massage services that would include sex acts.
This case is the result of an investigation conducted by Homeland Security Investigations, the Minnesota Bureau of Criminal Apprehension, the Minnesota Human Trafficking Investigators Task Force, and the Beltrami County Sheriff’s Office.
Assistant United States Attorneys Manda M. Sertich and Michelle E. Jones are prosecuting this case.
Defendant Information:
OMAR KASHAKA TAYLOR, a/k/a “Shaka,” 44
Minneapolis, Minn.
Convicted:
- Sex trafficking of a minor, 1 count
- Sex trafficking by force, fraud and coercion, 2 counts
- Commission of a felony offense involving a minor when required to register as a sex offender, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Opioid Overdoses to Be Treated as Crime ScenesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr., together with Erie County District Attorney John J. Flynn, Central Police Services (CPS) Commissioner James Janciewicz, and Daniel Rinaldo, from the New York New Jersey High Intensity Drug Trafficking Area (HIDTA), announced today a first-of-its-kind initiative which is being implemented across Erie County to enhance law enforcement’s response to opioid overdoses. The initiative calls for state and local law enforcement officers who respond to an overdose in Erie County to input certain information into their on-board computers and to follow certain protocols for the processing of overdose scenes.
“While we may not be able to prosecute our way out of this epidemic, that does not mean that prosecution has no role in our fight” stated U.S. Attorney Kennedy. “While prevention and treatment efforts are critical to success in driving down overdose death rates, prosecution also plays an important role. Treatment represents the appropriate way to deal with those addicted to these poisons. Prosecution represents the appropriate way to deal with those drug dealers addicted to the profits generated by their spewing this poison into our community.”
The U.S. Attorney’s Office is partnering with the Erie County District Attorney’s Office, the New York-New Jersey High Intensity Drug Trafficking Areas (HIDTA), Central Police Services, and the Erie County Chiefs Association, to implement these new protocols help to ensure that those who are selling these potentially deadly opioids receive justice and those who are addicted receive treatment.
Under the initiative, when law enforcement officers arrive at what they believe to be an opioid overdose, certain information will be collected and imputed into a law enforcement database and standardized protocols regarding the processing of the overdose scene and the collection of evidence will be followed. In addition, the information will also be entered into ODMAP, a real time, national GPS mapping system which tracks overdoses, overdose deaths, and Narcan use nationwide.
U.S. Attorney Kennedy further stated, “By standardizing the way these overdose scenes are processed, we enhance our ability to prosecute those who peddle this poison. At the same time, by simply tracking the location of non-fatal overdoses, we enhance the ability of treatment providers to reach those who are in the greatest need. It is this simultaneous enhancement of both our law enforcement function—prosecuting drug dealers—and the treatment function—helping addicts—which constitutes a highly effective one, two punch in our effort to combat this deadly epidemic.”
“By establishing consistent protocols for all law enforcement, we will be able to preserve critical evidence in overdose death investigations in order to prosecute these opiate dealers,” said Erie County District Attorney John J. Flynn. “I want to thank U.S. Attorney Kennedy for bringing our partners in law enforcement together on this initiative. By streamlining our efforts, we will be better equipped to identify the drug dealers, and hopefully bring an end to this deadly epidemic.”
“This initiative represents the perfect partnership between law enforcement and public health,” stated Daniel Rinaldo, Drug Intelligence Officer with the New York-New Jersey High Intensity Drug Trafficking Areas (HIDTA). “Working together to implement these protocols, gather the evidence, and interview witnesses will enable us to prepare the strongest case possible for prosecution.”
To date, the U.S. Attorney’s Office has prosecuted 16 defendants for distributing heroin and/or fentanyl which caused the death of or seriously bodily injury to 23 victims. The Erie County District Attorney’s Office has also prosecuted one defendant for manslaughter in connection with an opioid related death.
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New Zealand Man Indicted for Kidnapping and Child PornographyRead the Press Release
RICHMOND, Va. – A federal grand jury returned an indictment today charging a New Zealand man with four counts of production of child pornography and one count of kidnapping and attempted kidnapping.
According to allegations in the indictment, Troy George Skinner, 25, knowingly used a minor child living in Goochland, Virginia, to produce two videos of child pornography and two image files of child pornography. The indictment alleges that these acts occurred on four separate dates in February and March 2018.
The indictment further alleges that from June 20 to June 22, 2018, Skinner traveled from New Zealand to Virginia, whereupon his arrival he unlawfully and willfully seized and confined the minor victim, and attempted to seize, confine, and kidnap the minor victim for ransom or another reason, and that he also used the Internet in furtherance of this offense.
If convicted of producing child pornography, Skinner faces a mandatory minimum of 15 years in prison and a maximum of 30 years on each count. If convicted of the kidnapping/attempted kidnapping, he faces a mandatory minimum of 25 years in prison and a maximum of life. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and MaryJo Thomas, Acting Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement. Assistant U.S. Attorneys Brian R. Hood and Katherine Lee Martin are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:19-cr-19.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
New Jersey Residential Loan Company Agrees to Settle Claim It Unlawfully Foreclosed Upon Servicemembers' Homes Without Obtaining Required Court OrdersRead the Press Release
WASHINGTON –The Justice Department today announced that PHH Mortgage Corporation (PHH) has agreed to pay $750,000 to six servicemembers to resolve allegations that it violated the Servicemembers Civil Relief Act (SCRA) by unlawfully foreclosing on their homes without obtaining the required court orders.
“The brave men and women who serve in our nation’s armed forces frequently are required to deploy and serve overseas with little notice,” said U.S. Attorney Craig Carpenito. “This Office remains resolute in its commitment to honor their personal sacrifices when they do so by ensuring that servicemembers’ rights will be protected, as the law requires, whenever duty calls. This agreement ensures that servicemembers will be compensated for the damages they suffered when their homes were improperly foreclosed upon while they were serving our country.”
“Our men and women in uniform deserve to be able to focus on their job of keeping our country safe without worrying about losing their home to an unlawful foreclosure,” said Assistant Attorney General Eric Dreiband. “The Civil Rights Division is committed to protecting the rights of our servicemembers from unlawful conduct.”
The SCRA prohibits foreclosing on the home of a servicemember during active military service and one year thereafter without a court order if the mortgage originated prior to the servicemember’s period of military service.
PHH is one of the United States’ largest mortgage loan servicers, operating nationwide. The New Jersey-based company also originates, sells and subservices residential mortgage loans.
The Department launched an investigation, which was handled jointly by the U.S. Attorney’s Office for the District of New Jersey and the Department’s Civil Rights Division, after it received a complaint in May 2016 through the Department’s Servicemembers and Veterans Initiative. The Department’s investigation revealed that PHH foreclosed on six homes of SCRA-protected servicemembers in violation of the SCRA between 2010 and 2012.The agreement resolves a suit filed today by the United States in the U.S. District Court for the District of New Jersey.
The agreement requires PHH to pay $125,000 to each servicemember whose home was unlawfully foreclosed upon. The agreement also requires PHH to provide training to its staff to ensure that servicemembers do not face unlawful foreclosures in the future, and to notify the Department of future complaints regarding servicemembers’ rights.
The Department’s enforcement of the SCRA is conducted by the Civil Rights Division’s Housing and Civil Enforcement Section and U.S. Attorney’s Offices throughout the country. The SCRA provides protections for servicemembers in areas such as evictions, rental agreements, security deposits, pre-paid rent, civil judicial proceedings, installment contracts, credit card interest rates, mortgage interest rates, mortgage foreclosures, automobile leases, life insurance, health insurance and income tax payments. Since 2011, the Department has obtained over $468 million in monetary relief for servicemembers through its enforcement of the SCRA. For more information about the Department’s SCRA enforcement, please visit www.servicemembers.gov.
Servicemembers and their dependents who believe that their rights under the SCRA have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at http://legalassistance.law.af.mil/content/locator.php.
Individuals who believe their civil rights have been violated in the District of New Jersey may also file a complaint with the U.S. Attorney’s Office for the District of New Jersey at: http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint or may call the U.S. Attorney’s Office’s Civil Rights Complaint Hotline at (855) 281-3339.
The government is represented by Assistant U.S. Attorney Michael E. Campion, Chief of the U.S. Attorney’s Office’s Civil Rights Unit, Civil Division; Assistant U.S. Attorney Christopher Amore, Criminal Division; and Trial Attorney Alan Martinson, U.S. Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section.
New Jersey Man and Ex-Girlfriend Charged with Murder-For-HireRead the Press Release
NEWARK, N.J. – A New Jersey man appeared in federal court today on charges that he promised to pay a purported hitman to kill his estranged wife, U.S. Attorney Craig Carpenito announced. The defendant’s ex-girlfriend, who appeared in federal court Feb. 5, 2019, is also charged with participating in the plot.
Narsan Lingala, 55, of Middlesex County, New Jersey, is charged by criminal complaint with one count of murder-for-hire. He appeared today before U.S. Magistrate Judge Michael A. Hammer in Newark federal court and was held without bail. Lingala’s ex-girlfriend, Sandya Reddy, 52, appeared before Judge Hammer on the same charge and was also detained.
According to the complaint:
In May 2018, Lingala was in a holding cell at the Middlesex County Superior Courthouse as he awaited a court hearing. While there, he asked another inmate if he knew anyone who could kill his estranged wife. The inmate responded that he knew such a person. In June 2018, at the direction of law enforcement, the inmate introduced Lingala to an undercover agent posing as a hitman. Over subsequent weeks, Lingala and the undercover hitman spoke by phone and planned to meet in person the next time that Lingala traveled from Indiana to New Jersey.
On Aug. 18, 2018, Lingala and the undercover hitman agreed to meet in person outside a New Jersey shopping mall. Later that day, Lingala and his then-girlfriend, Reddy, arrived outside the mall and approached the undercover hitman. Lingala introduced Reddy and stated that she understood what was going on. Lingala, Reddy, and the undercover hitman entered the undercover hitman’s car. They proceeded to have a conversation that was video recorded.
The undercover hitman asked Lingala to confirm what he wanted the undercover hitman to do. Lingala said, “I want that woman to be out of my life . . . totally. Never again. She never comes back.” During the conversation, the undercover hitman asked, “You want me to take care of her?” Lingala responded, “Yeah.” The undercover hitman stated, “She’s done, I’m going to kill her. End of story.” Lingala responded, “Yeah. End of story.”
During the conversation, Lingala gave the undercover hitman information about the intended victim. Lingala provided his ex-wife’s full name, home address, age, and home phone number. He also described the entrances to and layout of her home; the name of the company where she worked; and the timing and details of her work commute. Lingala showed the undercover hitman photos of the exterior and interior of his ex-wife’s home. Reddy also provided the undercover hitman information about the intended victim.
The undercover hitman, Lingala, and Reddy also discussed the price that the undercover hitman would be paid. The undercover hitman said the job would cost between $5,000 and $10,000, depending on the job’s complexity. Lingala agreed and asked if he could pay after the job was done. The undercover hitman said he would need a down payment. Lingala and Reddy discussed the issue, and then Lingala asked the undercover hitman, “Can I give you a thousand down payment?” The undercover hitman agreed. Lingala later stated, “I want that money to go into your pocket.” Lingala informed the undercover hitman that making the down payment would take about two weeks. After the meeting, authorities arrested Lingala and Reddy
The murder-for-hire charge is punishable by a maximum of 10 years in prison and a $250,000 fine.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, as well as the Middlesex County Prosecutor’s Office and detectives, under the direction of Prosecutor Andrew Carey, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Matthew Feldman Nikic of the U.S. Attorney’s Cybercrimes Unit in Newark.
The charges and allegations in the complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Defense counsel: Lingala: Candace Hom Esq., Assistant Federal Public Defender, Newark
Reddy: Patrick McMahon Esq., Assistant Federal Public Defender, NewarkNavajo Man Sentenced to 18 Years in Federal Prison for Involuntary Manslaughter and AssaultRead the Press Release
PHOENIX – On Feb. 4, 2019, Jayson Lee Yazzie, 40, of Tuba City, Ariz., a member of the Navajo Nation, was sentenced by U.S. District Judge Diane J. Humetewa to 216 months in prison, followed by a term of three years of supervised release. Yazzie had previously pleaded guilty to involuntary manslaughter and assault resulting in serious bodily injury.
On June 14, 2014, Yazzie was driving while intoxicated and traveling at a speed in excess of 75 miles per hour when he struck another vehicle. Two victims in the other vehicle were ejected due to the collision, including a minor passenger who sustained fatal injuries, and the driver, who sustained serious bodily injuries. Two additional victims who were passengers in Yazzie’s vehicle also sustained serious bodily injuries. Yazzie’s blood was drawn more than three hours after the crash and his blood alcohol content was higher than .20%. Yazzie had previously been convicted of driving under the influence. The victims are members of the Navajo Nation and the collision happened on the Navajo Nation Indian Reservation.
The investigation in this case was conducted by the Federal Bureau of Investigation, the Navajo Nation Department of Law Enforcement, and the Arizona Department of Public Safety. The prosecution was handled by Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-18-08127-PCT-DJH
RELEASE NUMBER: 2019-005_Yazzie
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Nampa Woman Sentenced to 39 Months for Identity Theft SchemeRead the Press Release
BOISE – Elena Lupuleasa, 34, of Nampa, Idaho, was sentenced today to 39 months in prison by Senior U.S. District Judge Edward J. Lodge, U.S. Attorney Bart M. Davis announced. Judge Lodge also ordered Lupuleasa to pay restitution in an amount to be determined at a later date and imposed three years of supervised release following her release from prison.
On November 9, 2018, Lupuleasa pleaded guilty to bank fraud and aggravated identity theft. According to court records, from April through November of 2016, Lupuleasa devised and executed a scheme to defraud banks using checks, driver’s licenses, and other personal information stolen from Boise and Nampa residents. Lupuleasa then forged a stolen check of one victim and made it payable to another victim. Lupuleasa would then impersonate the payee and cash the check at a local bank by presenting the payee’s stolen driver’s license or other form of identification.
The case was investigated by the Nampa Police Department, the Boise Police Department the Ada County Sheriff’s Office, United States Postal Inspection Service, and the Canyon County Prosecuting Attorney’s Office.
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Member of Winn Parish methamphetamine distribution ring sentenced to 195 months in prisonRead the Press Release
ALEXANDRIA, La. – United States Attorney David C. Joseph announced that the last defendant in a Winn Parish methamphetamine distribution ring was sentenced Monday. United States District Judge Dee D. Drell sentenced Jeremy Laraun Mamon, also known as “Pop C” and “Rilo,” 36, of Winnfield, Louisiana, to 16 years in prison and five years of supervised release for conspiracy to distribute methamphetamine.
Mamon was one of 11 defendants named as part of an indictment filed September 28, 2017. According to the October 22, 2018 guilty plea of Jeremy Mamon, he and 10 co-defendants conspired to distribute methamphetamine in the Winn Parish area from October 2015 to September 2017.
All 10 defendants have now been convicted and sentenced for their part in the conspiracy:
Co-Defendant
Date of Guilty Plea
Sentencing
Cristina Daniela Santos, 26,
of Los Angeles, California
September 10, 2018
January 16, 2019 - 130 months in prison; five years of supervised release.
Ladarrius “Fat Boy” James Street, 35, of Winnfield
September 10, 2018
January 16, 2019 - 324 months in prison; 10 years of supervised release.
Dexter “Big Oil,” “Big R” Jerome Sapp, 39, of Winnfield,
April 16, 2018
November 20, 2018 - 140 months in prison; five years of supervised release.
Destiney Hamilton, 33,
of Winnfield
July 5, 2018
November 19, 2018 - 36 months in prison; two years of supervised release.
Kendrick “L-Dog” Lamont Davenport, 44, of Winnfield
June 27, 2018
September 28, 2018 - 120 months in prison; five years of supervised release.
Stephen “Little Stephen” Duncan Jr., 26, of Winnfield
July 5, 2018
October 9, 2018 - 60 months in prison; four years of supervised release.
Delano “Drain” C. Hall, 49,
of Winnfield
June 27, 2018
November 20, 2018 - 120 months in prison; five years of supervised release.
Michael “Mike D,” “Michael D” Deangelo Hall, 33, of Winnfield
July 13, 2018
October 9, 2018 - 120 months in prison; five years of supervised release.
Rafael “Toot” M. Powell, 33,
of Atlanta, Louisiana
September 10, 2018
January 16, 2019 - 180 months in prison; 10 years of supervised release.
Xavier “Dank” Deandre Powell, 29, of Winnfield
August 27, 2018
December 13, 2018 - 120 months in prison; five years of supervised release.
The FBI Safe Streets Task Force and the Louisiana State Police, Alexandria Field Office Narcotics, participated in the investigation. Assistant U.S. Attorneys Earl M. Campbell and Jessica D. Cassidy prosecuted the case.
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McAllen Woman Charged in Multi-Million Dollar Kickback ConspiracyRead the Press Release
McALLEN, Texas – A local marketer has been charged for her role in a multi-million dollar illegal kickback conspiracy involving a pharmacy in the Rio Grande Valley and doctors throughout Texas, announced U.S. Attorney Ryan K. Patrick.
Victoria Renee Guerra, 35, of McAllen, made her initial appearance before U.S. Magistrate Judge Scott Hacker this morning.
According to the criminal information, Guerra was a licensed pharmacist and worked as a marketer for a pharmacy - identified as “Pharmacy A.”
In her role as a purported marketer, Guerra allegedly recruited physicians to write prescriptions for expensive compound drugs to be filled by Pharmacy A, and for which the pharmacy would bill federal health care programs.
During an approximately two-year period starting in late 2014, the owner of Pharmacy A paid Guerra approximately $7.5 million in return for compound drug prescriptions physicians written whom Guerra recruited. In turn, Guerra allegedly paid a cut of the payments from Pharmacy A to the prescribing physicians. For example, the complaint alleges Guerra paid approximately $2.1 million in kickbacks to just a physician for sending prescriptions to Pharmacy A.
During the conspiracy, Pharmacy A submitted claims totaling approximately $42.2 million to the U.S. Department of Labor, Office of Workers Compensation Program, for prescriptions that doctor had written for beneficiaries of the Federal Employee’s Compensation Act, according the charges
Guerra is charged with conspiracy to violate the federal anti-kickback statute which prohibits the payment of kickbacks to induce physicians to write prescriptions for which payment may be made in whole or in part under a federal health care benefit program. If convicted, Guerra faces up to five years in federal prison and a possible $25,000 maximum fine.
The U.S. Postal Service – Office of Inspector General (OIG), Department of Labor – OIG, FBI, Veterans Affairs – OIG, Defense Criminal Investigative Service and the Drug Enforcement Administration conducted the administration conducted the investigation. Assistant U.S. Attorney Andrew Swartz is prosecuting the case.
A criminal information is an accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Marstons Mills Man Arrested for Child Pornography OffenseRead the Press Release
BOSTON – A Marstons Mills man was arrested today and charged in federal court in Boston with receipt and possession of child pornography.
Steven Carme, 30, was charged with one count of receipt and one count of possession of child pornography. He appeared in federal court in Boston and was ordered detained pending a detention hearing.
According to court documents, law enforcement learned that an individual whose IP address was traced to Carme’s Marstons Mills residence had shared child pornography over the internet using peer-to-peer sharing software. A search at the residence resulted in the seizure of a laptop computer, an external hard drive and an iPhone X. The external hard drive contained hundreds of images and videos of children, including some that depict the rape of children as young as five-years-old.
The charge of receipt of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison. The charge of possession of child pornography provides for a sentence of no greater than 10 years in prison. Each charge also provides for a mandatory minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Barnstable Police Chief Matthew Sonnabend made the announcement today. Assistant U.S. Attorney Elianna Nuzum of Lelling’s 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 document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Manhattan U.S. Attorney Announces Extradition of OFAC- Sanctioned Afghan Man for Narco-Terrorism OffensesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Christopher Tersigni, Special Agent in Charge of the United States Drug Enforcement Administration (“DEA”) Special Operations Division, announced today the extradition of HAJI ABDUL SATAR ABDUL MANAF, a/k/a “Haji Abdul Sattar Barakzai,” for attempting to import heroin into the United States, engaging in narco-terrorism for the benefit of the Taliban, and attempting to engage in narco-terrorism for the benefit of the Haqqani Network. MANAF was taken into custody by Estonian authorities in Tallinn, Estonia, on October 9, 2018, and extradited to the United States today. MANAF will be presented in Manhattan federal court later today. The case is assigned to United States District Judge Paul A. Crotty.
U.S. Attorney Geoffrey Berman stated: “As alleged, Manaf, already sanctioned by the Treasury Department for assisting the Taliban, attempted to import large quantities of heroin into the U.S., funneled heroin trafficking proceeds to the Taliban, and attempted to provide financial assistance to the Haqqani terrorist network. Thanks to the DEA and international law enforcement partners, Manaf is in the U.S. and facing justice in this District.”
Special Agent in Charge Christopher Tersigni stated: “This action highlights the DEA’s ability to hold accountable not only those who reside within our borders, but also those operating in other countries. Drug traffickers that bring harm to the citizens of this country must answer for their unlawful activities that have fueled the opioid epidemic.”
According to the allegations contained in the Complaint and Indictment[1] which were unsealed today:
In June 2012, the United States Treasury Department sanctioned MANAF pursuant to the United States’ terrorism sanctions authority, Executive Order No. 13224, for storing or moving money for the Taliban through his money remitting business, the Haji Khairullah Haji Sattar Money Exchange.
Beginning in January 2018, MANAF attempted to import large quantities of heroin into the United States; used the proceeds of heroin trafficking to benefit the Taliban; and attempted to provide financial support to the Haqqani Network. Specifically, MANAF participated in in-person meetings, recorded telephone calls, and electronic communications with five men whom MANAF understood to be affiliated with an international drug trafficking organization. During those meetings, MANAF helped arrange to import large quantities of heroin into the United States with the assistance of – and recognizing that some of the proceeds of that narcotics trafficking would be provided to – the Taliban and the Haqqani Network. Four of these men were, in fact, DEA confidential sources. The fifth was an undercover DEA agent (the “UC”).
The Haqqani Network and the Taliban have been and are engaged in highly public acts of terrorism against U.S. interests, including U.S. and coalition forces in Afghanistan. In August 2018, MANAF sold the UC a 10-kilogram shipment of heroin (the “10 Kilo Shipment”) in Afghanistan, after the UC told MANAF that the heroin would ultimately be imported into the United States for sale in New York. MANAF repeatedly told the UC that MANAF had paid the Taliban in connection with the production of the 10 Kilo Shipment, and reported that armed members of the Taliban would guard and transport future heroin shipments for MANAF and the UC. In August 2018, MANAF facilitated the transfer of thousands of dollars of what he believed to be narcotics proceeds to individuals MANAF had been advised were members of the Haqqani Network. MANAF subsequently agreed to supply the UC with thousand-kilogram loads of heroin for importation into the United States.
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The Indictment charges MANAF, 53, a citizen of Afghanistan, in three counts: (1) attempting to import heroin into the United States, (2) narco-terrorism, and (3) attempted narco-terrorism. If convicted, MANAF faces a maximum sentence of life imprisonment and a mandatory minimum sentence of 10 years in prison on Count One, and a maximum sentence of life imprisonment and a mandatory minimum sentence of 20 years in prison on each of Counts Two and Three. The statutory minimum and maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Berman praised the outstanding investigative efforts of the DEA’s Special Operations Division’s Bilateral Investigations Unit; the DEA European Regional Director; the DEA Copenhagen, Canberra, Dubai, Islamabad, Kabul, New Delhi, and Sydney Country Offices; the Government of Estonia; and the Australian Criminal Intelligence Commission. The defendant’s arrest and subsequent extradition are also the result of the close cooperative efforts of the U.S. Attorney’s Office for the Southern District of New York and the Department of Justice’s Office of International Affairs.
The case is being prosecuted by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Rebekah Donaleski and Kimberly J. Ravener are in charge of the prosecution.
The allegations contained in the Complaint and the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the texts of the Complaint and Indictment and the descriptions of the Complaint and Indictment set forth below constitute only allegations and every fact described should be treated as an allegation.
Man Who Carried Child Pornography Across U.S.-Canada Border Sentenced to 20 Years in Federal PrisonRead the Press Release
MARQUETTE, MICHIGAN — United States Attorney Andrew Birge announced today that Jason Harry Bishop was sentenced to 240 months (20 years) in federal prison by Chief U.S. District Judge Robert J. Jonker for transporting child pornography from Sault St. Marie, Michigan to Sault Ste. Marie, Ontario, Canada. Judge Jonker also sentenced Bishop to serve 10 years of supervision following his release from prison, pay a $40,000 fine, and pay $5,100 in special assessments.
On January 27, 2017, Bishop crossed the U.S.-Canada border at Sault St. Marie. While crossing, Canada Border Services Agency (CBSA) became suspicious and sent Bishop for a secondary inspection. During the secondary inspection, CBSA located several photos of child pornography.
CBSA forwarded Bishop’s electronic devices to the U.S. Department of Homeland Security Investigations (HSI), which recovered child pornography and the following images Bishop took of himself:
Picture of Jason Bishop with I Love Child Porn sign Picture of Jason Bishop wearing shirt I Am A Child MolesterA review of Bishop’s criminal history uncovered that he solicited sex with underage children on at least three prior occasions.
"Today's significant prison term against a convicted child predator should serve as a clear warning for those who target and prey on children," said Steve Francis, special agent in charge for HSI Detroit. "The aggressive investigation and prosecution of child predators remains among HSI's highest priorities."
This case was prosecuted by Assistant U.S. Attorneys Paul Lochner and Davin Reust as part of the Department of Justice’s Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. The U.S. Attorney’s Office, county prosecutor’s offices, and federal, state, and local law enforcement work closely together to locate, apprehend, and prosecute individuals who exploit children. Individuals with information or concerns about possible child exploitation should contact local law enforcement. For more information about Project Safe Childhood in West Michigan, including resources for children and parents, visit: http://www.justice.gov/usao/miw/programs/psc.html.
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Luzerne County Man Sentenced to over 15 Years’ Imprisonment for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jose Ramon De Leon-Pineda, age 34, of West Hazelton, Pennsylvania, was sentenced on February 5, 2019, to 188 months’ imprisonment by United States District Court Judge Robert D. Mariani on drug trafficking charges.
According to United States Attorney David J. Freed, Pineda had previously pled guilty to conspiracy to distribute and possess with intent to distribute over 100 grams of heroin, over 28 grams of cocaine base, or “crack,” and a quantity of powder cocaine. One hundred grams of heroin is the equivalent of approximately 4,000 individual doses of heroin. Pineda was the target of a Drug Enforcement Administration investigation that has resulted in criminal charges against 16 individuals, 13 of whom have pled guilty so far.
The government presented evidence to demonstrate that Pineda was the leader of a criminal organization involving more than five people, that Pineda had shot an unknown victim in a restaurant in Wilkes-Barre, and that he threatened at least one dealer who could not pay a debt. Pineda also operated a stash house to store drugs and a gun in Wilkes-Barre. Additionally, Pineda engaged in a six-on-one assault on another inmate while awaiting sentencing at Lackawanna County Prison.
This sentence was the result of a multi-year investigation, in part driven by multiple wiretaps, conducted by the U.S. Drug Enforcement Administration, Wilkes-Barre Police Department, and Pennsylvania State Police. Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.
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, Attorney General Sessions 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.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Luzerne County Man Guilty of Firearms OffenseRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Stephani Taylor, age 26, of Plymouth, Pennsylvania, pleaded guilty on February 1, 2019, to using a firearm in connection with a drug trafficking crime before U.S. District Court Judge Malachy E. Mannion.
According to United States Attorney David J. Freed, Taylor admitted to stealing firearms and exchanging them for bundles of heroin between December 2016 and September 2017, in Luzerne County.
Taylor’s codefendant, Michael Wilson, pleaded guilty on January 30, 2019, to distributing heroin and unlawfully possessing firearms in furtherance of drug trafficking.
The case was investigated by special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the Kingston Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
Judge Mannion ordered a presentence investigation to be completed. Sentencing will be scheduled at a later date.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
The maximum penalty under federal law is life imprisonment, a term of supervised release following imprisonment, and a fine for using or possessing a firearm in connection with a drug trafficking offense. There is also a mandatory minimum sentence of five years’ imprisonment for the firearms charge. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Long-Time Houston Physician Ordered to Prison for Tax EvasionRead the Press Release
HOUSTON – A local doctor who practiced in Houston for more than 30 years has been sent to federal prison following his conviction on of one count of tax evasion, announced U.S. Attorney Ryan K. Patrick along with Special Agent in Charge D. Richard Goss of IRS – Criminal Investigation. Edward J. Crouse pleaded guilty Aug. 28, 2018.
Today, U.S. District Judge Rosenthal ordered Crouse to Prison for 18 months to be immediately followed by one year of supervised release. He paid restitution of $678,103 prior to today’s hearing.
Crouse acknowledged in the plea agreement that he had not timely filed a U.S. individual income tax return since 1997. The plea agreement states that Crouse earned more than $4.4 million in years 2009 through 2012.
Crouse admitted in his signed plea agreement that he consistently committed numerous affirmative acts of tax evasion over the years to conceal his true income from the IRS, including concealing the complete business records of his medical practice for calendar years 2006 through 2012 from his bookkeeping and tax return preparation firm. Crouse also admitted he signed an IRS Collection form on or about May 1, 2010, in which he understated the amount of his income from his medical practice available for payment of taxes and household expenditures.
Crouse agreed that the total intended tax loss in his case was approximately $678,103.00, counting both unpaid U.S. Individual Income Taxes and the amounts of federal taxes and FICA that Crouse withheld from the wages of the employees of his medical practice but did not pay over to the IRS.
IRS-CI conducted the investigation. Assistant U.S. Attorney Charles J. Escher is prosecuting the case.