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Thursday 29 November 2018
South Florida Pharmacist Sentenced to over Six Years in Prison for Role in $5 Million Compounding Pharmacy SchemeRead the Press Release
A South Florida pharmacist was sentenced to 78 months in prison today for his role in a $5 million compounding pharmacy scheme.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office, Special Agent in Charge Shimon R. Richmond of the Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office, Special Agent in Charge John F. Khin of the Department of Defense Office of Inspector General – Defense Criminal Investigative Service’s (DCIS) Southeast Field Office and Florida Attorney General Pam Bondi made the announcement.
Stephen Chalker, 42, of Wellington, Florida, was sentenced by U.S. District Judge Donald M. Middlebrooks of the Southern District of Florida, who also ordered Chalker to pay $4,980,679.50 in restitution jointly and severally and a forfeiture money judgment of $244,134. After a four-day trial before Judge Middlebrooks, Chalker was convicted by a jury in West Palm Beach, Florida, on Sept. 7, 2018 of one count of conspiracy to commit health care fraud and two counts of health care fraud.
According to evidence presented at trial, from approximately September 2014 to August 2016, Chalker engaged in a scheme to defraud Medicare, TRICARE and Medicaid by submitting false and fraudulent claims for compounded drugs and other prescription medications that were not medically necessary and/or never provided. The evidence established that in his role as the licensed pharmacist-in-charge of Pop’s Pharmacy, a now-defunct pharmacy in Deerfield Beach, Florida, Chalker submitted or caused the submission of high-dollar claims for expensive pain and scar creams that patients did not want, did not need and in some cases did not receive. Chalker, as pharmacist-in-charge, created the formulas for the fraudulent compounded pain and scar creams to be filled by Pop’s Pharmacy in order to maximize profits for Pop’s Pharmacy from insurance reimbursement, and not for patient care. Chalker and his co-conspirators ran a nationwide telemarketing and telemedicine scheme in which there was no real patient-prescriber relationship or actual patient care, the evidence showed.
The evidence established that as a result of claims submitted in connection with the scheme, Medicare, TRICARE and Medicaid made payments totaling nearly $5 million.
Two other defendants have been charged in this case. Elaina Liva, 66, of Pompano Beach, Florida, pleaded guilty and was sentenced on Nov. 1, 2018 to 24 months in prison and was ordered to pay $4,980,679.50 in restitution jointly and severally. Chris Liva, 40, the owner of Pop’s Pharmacy, pleaded guilty and was sentenced on Nov. 14, 2018 to 48 months in prison and was ordered to pay $4,980,679.50 in restitution jointly and severally. (40 months of his 48-month sentence will run concurrently with a 78-month health care fraud sentence imposed on Liva on June 19, 2018 in a health care fraud case prosecuted in the Northern District of Ohio, United States v. Physicians Surgical Group, LLC et al., 14-CR-00447-ADAMS).
This case was investigated by the FBI, HHS-OIG, DCIS and the State of Florida Medicaid Fraud Control Unit. Trial Attorney Jim Hayes of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Leslie Wright of the District of Massachusetts (formerly a Fraud Section Trial Attorney) prosecuted the case.
The Criminal Division’s Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
South Florida Pharmacist Sentenced to More Than Six Years in Prison for Role in $3.4 Million Compounding Pharmacy SchemeRead the Press Release
A pharmacist licensed by the State of Florida was sentenced today to 78 months in prison for her participation in a scheme involving the payment of approximately $3.4 million in fraudulent claims by TRICARE, Medicare, and private insurance programs for compounded creams that were medically unnecessary, procured through illegal kickbacks, and otherwise not eligible for reimbursement.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office, Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office and Special Agent in Charge John F. Khin of the Department of Defense Office of Inspector General – Defense Criminal Investigative Service (DCIS)’s Southeast Field Office made the announcement.
Marjorie Robinson, 61, of Wilton Manors, Florida, was sentenced by Chief U.S. District Judge K. Michael Moore of the Southern District of Florida. Chief Judge Moore also ordered Robinson to pay $3.4 million in restitution, jointly and severally with her co-conspirators, and to forfeit the same amount. Robinson pleaded guilty in September 2018 to one count of conspiracy to commit health care fraud.
According to admissions made as part of her plea agreement, from approximately 2013 to 2016, Robinson was a one-third owner of A.S.C. Pharmacy, Inc. (ASC), a now-defunct compounding pharmacy in Miami where Robinson worked as the pharmacist-in-charge. Under Robinson’s ownership and direction, ASC designed and manufactured compounded creams by selecting certain ingredients not based on individualized patient need, but rather to maximize financial reimbursement to ASC from government and private insurance programs. To carry out the fraudulent scheme, Robinson agreed with her co-conspirators to pay kickbacks to doctors and patient recruiters in exchange for prescriptions for ASC’s medically unnecessary compounded creams and to waive patient co-payments. As a result of fraudulent claims submitted in connection with the scheme, TRICARE, Medicare and private insurance programs paid ASC approximately $3.4 million.
Robinson was charged along with co-defendants Laszlo Teleszky, M.D., 68, of New Port Richey, Florida; Sheila Arucri, 57, of Davie, Florida; and Todd Schreier, 34, of Russell, Kentucky. Teleszky, Arcuri and Schreier each pleaded guilty to conspiracy to commit health care fraud. Teleszky and Arucri were sentenced on Nov. 27 to serve 16 months and 12 months and one day in prison, respectively. Schreier is awaiting sentencing.
Ascanio Serna Jr. and Ascanio Serna Sr., both additional co-owners of ASC, were charged separately in this case. Ascanio Serna Jr. pleaded guilty in August 2017 and was sentenced to serve 64 months in prison. Ascanio Serna Sr. pleaded guilty in August 2018 and was sentenced to serve 37 months in prison.
The FBI, HHS-OIG, and DCIS investigated the case, which was brought as part of the Medicare Fraud Strike Force under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. Trial Attorney David Snider of the Fraud Section is prosecuting the case.
The Criminal Division’s Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
South American Couple Plead Guilty to Fraud ConspiracyRead the Press Release
ALEXANDRIA, Va. – A South American couple pleaded guilty today to conspiracy to commit wire and bank fraud for orchestrating a loan modification scheme.
According to court documents, Rodrigo Pardo, 46, of Argentina, and Lorena Medina, 46, of Ecuador, defrauded homeowners in Northern Virginia and mortgage lenders by promising the homeowners to assist them in obtaining loan modifications. As part of the scheme, Pardo and Medina agreed to negotiate with the homeowners’ lenders for a reduced monthly payment. Pardo and Medina then instructed clients who were current on their mortgages to stop making payments to their lenders as they had in the past, and instead make payments into accounts controlled by Medina, Pardo, or COFS, a company they controlled. At the same time, Pardo and Medina represented to their clients’ mortgage lenders that COFS was authorized to negotiate loan modifications, but concealed from the mortgage lenders that they were receiving mortgage payments from the victims. As a result, Pardo and Medina received over $140,000 in payments from their victims, which they used for personal expenses.
Pardo and Medina pleaded guilty to conspiracy to commit wire and bank fraud and face a maximum penalty of 30 years in prison when sentenced on March 1, 2009. 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, Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, and Robert Manchak, Acting Special Agent in Charge, Office of Inspector General for the Federal Housing Finance Agency, made the announcement after Senior U.S. District Judge T.S. Ellis III accepted the plea. Assistant U.S. Attorney Kimberly R. Pedersen and Special Assistant U.S. Attorney Charlie Divine 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. 1:18-cr-181.
Schenectady Man Pleads Guilty to Breaking into Store and Stealing FirearmsRead the Press Release
ALBANY, NEW YORK – Christian Roman, age 24, of Schenectady, New York, pled guilty to stealing firearms from Target Sports, Inc., a federally licensed firearms dealer in Schenectady County, and to possessing, concealing, and transporting those stolen firearms.
The announcement was made by United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
As part of his guilty plea, Roman admitted that on the night of October 22, 2017, he broke into Target Sports while it was closed and, with the help of Jose Fontanez, stole dozens of firearms from inside the gun store located on Saratoga Road in Glenville. The firearms included pistols, shotguns, and rifles. With the assistance of various accomplices, Roman and Fontanez spent the following two days moving the stolen firearms between various locations in Schenectady and Amsterdam, New York, including private residences, a self-storage unit, and a motel. Finally, as Roman further admitted, on October 24, 2017, he and Fontanez, with the help of yet more accomplices, transported the stolen firearms to Rochester, New York.
At sentencing on April 10, 2019 in Syracuse, Roman faces up to 20 years in prison, a maximum fine of $500,000, and up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Jose Fontanez, age 36, of Schenectady, pled guilty earlier this year to stealing the firearms and other, related charges. He is scheduled to be sentenced on April 22, 2019.
Omar DeJesus, age 31, of Amsterdam; Dalmary Morales, age 37, of Schenectady; and Juan Saez, age 35, of Rochester, all pled guilty earlier this year for their respective roles in stealing, transporting, and possessing the firearms. DeJesus is scheduled to be sentenced on December 17, 2018. Morales and Saez are scheduled to be sentenced on April 22, 2019.
The case was investigated by the ATF, New York State Police, and the Glenville Police Department, and is being prosecuted by Assistant U.S. Attorney Wayne A. Myers.
Russian National Charged in Hacking Scheme Targeting Pittsburgh National Golf CourseRead the Press Release
PITTSBURGH - A Russian national has been indicted by a federal grand jury in Pittsburgh on charges of wire fraud, computer fraud and money laundering, United States Attorney Scott W. Brady announced today.
The five-count indictment, returned on Nov. 27, named Ilya Kulkov, of Barnaul, Russia, as the sole defendant.
According to the indictment presented to the Court, between January 22, 2017 and February 2, 2017, Kulkov hacked into a desktop computer located at the Pittsburgh National Golf Course in Gibsonia, Pennsylvania, from his home in Russia. Once Kulkov had control of Pittsburgh National’s computer, he engaged in a systematic pattern of internet fraud by buying and exporting products from the United States to Barnaul, Russia.
"Over the past year, we have aggressively investigated and prosecuted cyber criminals, both foreign and domestic," said U.S. Attorney Brady. "The use of computers and the internet is now part of everyone’s daily life. From our prosecution of officers of the Russia intelligence directorate to the hacking of routers in 43 countries to internet fraud targeting our elderly residents, our office will go to the ends of the earth to hold cyber criminals accountable and protect the citizens of western Pennsylvania."
The law provides for a sentence of not more than twenty years in prison, a fine of not more than $250,000 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 Jessica Lieber Smolar is prosecuting this case on behalf of the government.
The Internal Revenue Service - Criminal Investigation and the Federal Bureau of Investigation conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Rochester Woman Sentenced for Her Role in Cocaine Conspiracy; Another Defendant Pleads GuiltyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Leitscha Poncedeleon, 29, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was sentenced to 168 months in prison by Chief U.S. District Judge Frank P. Geraci.
In addition, Freddie Silva-Otero, 49, of Mayaguez, Puerto Rico, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine. The charge carries a minimum sentence of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that between April 2017 and January 29, 2018, the defendants conspired with Carlos Javier Figueroa, Roberto Figueroa, Obed Torres, Jonathan Cruz Carmona, and others, to distribute cocaine.
In furtherance of the conspiracy, Poncedeleon, on numerous occasions, communicated via telephone with Freddie Silva-Otero and other individuals in Puerto Rico to coordinate the shipment of cocaine from Puerto Rico to Rochester, via the United States Postal Service. Between September 9, 2017, and January 29, 2018, Poncedeleon and other conspirators coordinated at least 25 shipments of cocaine, each containing approximately two kilograms of cocaine. Silva-Otero personally assisted with shipping six packages containing two kilograms of cocaine each to Poncedeleon and Carlos Javier Figueroa between January 16, 2018, and January 24, 2018. Poncedeleon and others sent money via the United States Postal Service and wire transfers from Rochester to Puerto Rico as payment for the cocaine. Poncedeleon also arranged for individuals in the Rochester area to receive the packages of cocaine. Once the packages arrived in Rochester, the individuals would contact Poncedeleon who would then notify co-conspirator Carlos Javier Figueroa.
Poncedeleon, Carlos Javier Figueroa, Roberto Figueroa, and others, maintained a residence located at 292 Barrington Street in Rochester for the purposes of storing, manufacturing, processing, and distributing cocaine. At that location, Poncedeleon, Carlos Javier Figueroa, Roberto Figueroa, and others regularly prepared and packaged cocaine for distribution. On January 29, 2018, law enforcement officers executed a search warrant at the residence and recovered approximately three kilograms of cocaine, $230,060 in cash, eight firearms, and numerous rounds of ammunition.
A total of 10 defendants have been charged in connection with this conspiracy, five have been convicted, and one has been sentenced.
Today’s plea and sentencing are the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives Violent Crime Task Force, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Rochester Police Department, under the direction of Chief Mark Simmons; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Greece Police Department, under the direction of Chief Patrick Phelan; the Brighton Police Department, under the direction of Chief Mark Henderson; and U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Gregory Johnson.
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Rochester Man Sentenced for Making False StatementsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Pernell Jackson, 56, of Rochester, NY, who was convicted of making materially false statements in a matter involving the U.S. Department of Housing and Urban Development (HUD) and the Department of Veterans Affairs (VA), was sentenced to serve 12 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that between 2009 and 2014, Jackson resided in an apartment complex in Greece, NY and received a rent reduction through an income-based HUD subsidy program. During that time period, the defendant knowingly falsified HUD income certification forms by failing to report that he had obtained VA benefits belonging to his deceased aunt, totaling $102,622.76. The investigation revealed that the VA continued to make regular payments into Jackson’s aunt’s bank account for approximately seven years following her death. The defendant, who had access to the account, regularly withdrew the money between 2007 and 2015. The fraud was discovered during a VA audit, which led to an investigation by VA and HUD Offices of the Inspector General.
The sentencing is the result of an investigation by the U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Sean J. Smith, Northeast Field Office, and the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Brad Geary.
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Rochester Man Pleads Guilty to Machinegun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Luis Garcia-Canales, 29, of Rochester, NY, pleaded guilty to transfer of a machinegun before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Katelyn Hartford, who is handling the case, stated that on July 26, 2018, the defendant sold three “auto-sear” devices to an undercover ATF Special Agent in exchange for $900. The “auto-sear” devices are parts designed and intended solely and exclusively for use in converting a weapon into a machinegun.
At the time of the transaction, Garcia-Canales explained to the undercover ATF Special Agent that each “auto-sear” device would make a Glock 9mm pistol function fully automatic, and he explained how to install the devices.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division, and the Rochester Police Department’s Violent Crimes Task Force, under the direction of Chief Mark Simmons.
Sentencing is scheduled for May 16, 2019 at 3:00 p.m. before Judge Larimer.
# # # #Rochester Man Pleads Guilty to Distributing OxycodoneRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kent Handy, 58, of Rochester, NY, pleaded guilty to distributing oxycodone, a controlled substance, before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that between January 2016 and December 2017, Handy sold hundreds of oxycodone pills that were prescribed to him to another individual. That individual arranged to purchase the pills from the defendant, and then traveled to Handy’s residence to buy the pills.
In December 2017, federal agents executed a search warrant at the defendant’s residence where they found controlled substances and drug paraphernalia.
The plea is the result of an investigation by Special Agents with the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Sentencing is scheduled for February 28, 2019, at 3:00 p.m. before Judge Geraci.
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Raytown Man Sentenced to 16 Years for Illegal FirearmsRead the Press Release
KANSAS CITY, Mo. – A Raytown, Mo., man was sentenced in federal court today for illegally possessing firearms on two separate occasions.
Quentin L. Posey, 29, was sentenced by U.S. Chief District Judge Greg Kays to 16 years in federal prison without parole.
On March 21, 2018, Posey pleaded guilty to two counts of being a felon in possession of firearms.
Posey was originally indicted on Nov. 2, 2016, on one count of being a felon in possession of a firearm. Posey was arrested when Kansas City, Mo., police officers conducted a traffic stop of a vehicle in which he was a passenger. While an officer was walking Posey to the curb after he got out of the vehicle, a loaded Smith and Wesson .38-caliber revolver fell from Posey’s pant leg to the ground. When officers searched the vehicle, they found a Crown Royal bag that contained two glass jars of marijuana.
After being released on bond, according to court documents, Posey became a suspect in a fatal shooting that occurred in an Independence, Mo., parking lot on Dec. 4, 2016. Officers located Posey at another person’s apartment in Kansas City, Mo., on Dec. 13, 2016. Posey was laying on some blankets on the floor in the living room; a loaded Jimenez Arms 9mm semi-automatic pistol was on top of the blankets next to Posey. Officers also found a glass jar that contained marijuana in the pocket of a coat lying nearby. Posey was charged in a superseding indictment on Dec. 15, 2016, with a second count of being a felon in possession of a firearm.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Posey has prior felony convictions for being an accessory after the fact of an armed robbery and kidnaping (related to an armed home invasion) and theft of public property (involving a $139,444 fraud and theft from the Department of Defense).
This case was prosecuted by Assistant U.S. Attorney Adam Caine. It was investigated by the Kansas City, Mo., Police Department.
Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone.
Rancho Cordova Pair Indicted for Selling Narcotics Through Social Media Accounts and Receiving Payment in BitcoinRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a seven-count indictment today against Nathan Paul Barnes, 23, and Tiarra Maureen Jackson, 22, both of Rancho Cordova, charging them with conspiracy to distribute and possess with intent to distribute marijuana and psilocybin, U.S. Attorney McGregor W. Scott announced.
According to court documents, Barnes and Jackson operated a drug distribution enterprise called “Fine Cali Herb” over various social media platforms, including Instagram and Snapchat. Barnes and Jackson sold large quantities of marijuana, THC products, and psilocybin mushrooms to customers throughout the United States and abroad. Barnes received payment for the narcotics in several forms, including Bitcoin. In July 2018, law enforcement agents conducted an undercover purchase of marijuana and psilocybin mushrooms from Barnes through his Snapchat account. Case agents also conducted surveillance of Barnes and Jackson dropping off mail parcels containing narcotics at post offices throughout the Sacramento area.
This case is the product of an investigation by the Northern California Illicit Digital Economy (NCIDE) Task Force, consisting of agents from Homeland Security Investigations, the Federal Bureau of Investigation, the United States Postal Inspection Service, and the Drug Enforcement Administration. The NCIDE Task Force targets all forms of dark-web and cryptocurrency criminal activity in the Eastern District of California. Assistant U.S. Attorneys Grant B. Rabenn and Paul A. Hemesath are prosecuting the case.
If convicted, Barnes and Jackson face a maximum statutory penalty of 20 years in prison and a $1 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Pittsburgh Man Sentenced to 7+ Years’ Imprisonment for 2016 Bank Robbery Spree across Southwestern PARead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to a term of imprisonment of seven years and three months, to be followed by five years of supervised release, on his conviction of bank robbery and armed bank robbery, United States Attorney Scott W. Brady announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Gregory Magee, 50.
Previously, in connection with Magee’s guilty plea on July 10, 2018, the court was advised that Magee robbed six banks from January through November of 2016:
On the afternoon of January 20, 2016, Magee entered First Niagara Bank located at 20111 Route 19, Cranberry Township, Pennsylvania, wearing a hooded sweatshirt, cap, sunglasses, gloves, and scarf covering this face. Upon entering the bank, Magee brandished a black handgun and demanded money from several tellers, who gave him $5,526.
On the afternoon of February 29, 2016, Magee entered First Merit Bank located at 2090 West State Street, New Castle, Pennsylvania, wearing a green poncho, sunglasses, gloves, and scarf covering his face. Upon entering the bank, Magee brandished a black handgun, handed plastic bags to several tellers, and demanded money from the tellers, who complied and gave him $10,126. Magee fled the scene of the robbery in his personal vehicle, a black Cadillac ATS with black rims, which was observed on video surveillance and by an eyewitness.
Around noon on March 31, 2016, Magee entered First Niagara Bank located at 4073 Washington Road, McMurray, Pennsylvania, wearing sunglasses and gloves. Upon entering the bank, Magee threatened that he had a gun, gave plastic bags to tellers, and demanded money from the tellers, who complied and gave him $9,133. Magee carried an open umbrella inside the bank while committing this robbery. Magee fled the scene of the robbery in a bronze Cadillac ATS, which he was driving as a loaner vehicle. This vehicle was captured on surveillance video and observed by an eyewitness.
In the late morning on June 8, 2016, Magee entered First Commonwealth Bank located at 5847 Forbes Avenue, Pittsburgh, Pennsylvania, wearing a hooded sweatshirt, sunglasses, and gloves. Upon entering the bank, Magee threatened that he had a gun, handed out plastic bags to several tellers, and demanded money from the tellers, who complied and gave him $3,709. Magee again held an open umbrella during this robbery.
On the afternoon of August 11, 2016, Magee entered Citizens Bank located at 2537 Constitution Boulevard, Beaver Falls, Pennsylvania, wearing a hooded sweatshirt, baseball cap, sunglasses, gloves, and scarf covering his face. Upon entering the bank, Magee threatened to have a bomb, handed plastic bags to several tellers, and demanded money from the tellers, who complied and gave him $12,559. Magee again carried an open umbrella in the bank while committing this robbery. Magee’s hat was left at the scene of the robbery. DNA was recovered from the hat and found by the FBI laboratory to match a DNA sample from Magee. Magee was observed fleeing the scene in a Buick Regal, which he was driving as a loaner vehicle that day.
Finally, around noon on November 8, 2016, Magee entered S&T Bank located at 4580 Broadway Boulevard, Monroeville, Pennsylvania, wearing a hooded jacket, sunglasses, and gloves. Upon entering the bank, Magee threatened to have a bomb and displayed a bag with protruding wires. Magee handed plastic bags to several tellers and demanded money from them, and they complied. Magee also demanded access to the bank’s vault. The bank manager opened the vault and gave cash from the vault to Magee. Magee stole $78,643 during this robbery. Magee was apprehended by law enforcement shortly after the robbery hiding in a drainage pipe in a wooded area near the bank. Magee was in possession of the stolen currency and bag with protruding wires, later determined to be Ethernet cables. Magee had driven a loaner Cadillac vehicle, which was located near the scene of the robbery.
After his arrest, a 9mm Kel-Tec handgun loaded with nine rounds of ammunition was recovered from Magee’s personal vehicle.
Assistant United States Attorney David Lew prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation, Cranberry Township Police Department, Union Township Police Department, Peters Township Police Department, Pittsburgh Bureau of Police, Chippewa Township Police Department, Monroeville Police Department, and Allegheny County Sheriff’s Office for the investigation leading to the successful prosecution of Magee.
Pittsburgh Man Indicted on Charges Relating to the Sexual Exploitation of MinorsRead the Press Release
PITTSBURGH, PA - A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of production and possession of material depicting the sexual exploitation of a minor, United States Attorney Scott W. Brady announced today.
The three-count Indictment, returned on Nov. 27, named Jeffrey Porch, 32, as the sole defendant.
According to the Indictment, in April and May 2017, Porch attempted to and did employ, use, persuade, induce, entice, and coerce two female child victims to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct. Additionally, in February 2018, Porch knowingly possessed visual depictions of minors engaging in sexually explicit conduct.
The law provides for a maximum total sentence of 80 years in prison, a fine of $750,000 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 Lee J. Karl is prosecuting this case on behalf of the government.
The Western Pennsylvania Violent Crimes Against Children Task Force and the Pittsburgh Bureau of Police conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Phoenix, Arizona Man Sentenced to 87 Months for Heroin DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Luis Lopez Arce, age 26, of Phoenix, Arizona, was sentenced to 87 months’ imprisonment and 3 years’ supervised release for Possession With Intent To Distribute Heroin, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B) and Title 18, United States Code, Section 2. The charges arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration.
The Indictment alleged that on or about April 24, 2018, within the Eastern District of Oklahoma, defendant, knowingly and intentionally possessed with intent to distribute 100 grams or more of a mixture or substance containing a detectable amount of heroin, a Schedule I controlled substance.
United States Attorney Brian J. Kuester said, “Drug traffickers contribute to and have played a significant role in the deadly opioid epidemic that has swept the nation. Heroin dealers in particular are dealing their poison without regard to the tragic consequences. There are few communities that have not felt the horrific impact that Heroin and prescription Opioids have had. We must remain diligent in our efforts to detect, apprehend, prosecute and punish the people who play a role in making these drugs readily available.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Rob Wallace represented the United States. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served.
Pell City Woman Indicted for Wire and Bank FraudRead the Press Release
BIRMINGHAM – A federal grand jury today indicted a Pell City woman on multiple counts of wire fraud and bank fraud, announced U.S. Attorney Jay E. Town and FBI Special Agent in Charge Johnnie Sharp.
Julia Hollis Meyers, 53, is charged in a seventeen-count indictment filed in U.S. District Court with stealing money from her former employer. Meyers was previously employed by Hibbett Sports, Inc., as a Senior Lease Administrator. While employed by Hibbett Sports, Meyers obtained checks for vendor lease payments from Hibbett Sports and deposited the checks into her personal bank account. Additionally, Meyers engaged in a scheme to direct ACH payments from Hibbett Sports to her personal bank account. The defendant’s scheme resulted in Meyers stealing over $200,000 from her employer.
“This is yet another example of an employee stealing from her employer,” Town said. “This outright theft and misuse of funds will not be tolerated and those who continue to operate these type schemes, will be prosecuted in federal court.”
The maximum penalty for each count of wire fraud is 20 years in prison and a $250,000 fine. The maximum penalty for each count of bank fraud is 30 years and a $1,000,000 fine.
The FBI investigated the case, which Assistant U.S. Attorney Robin Beardsley Mark is prosecuting.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
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Owner of Michigan Trucking Business Sentenced for $2.9 Million Theft and Failure to File Tax ReturnsRead the Press Release
The owner of a Michigan trucking business was sentenced today in federal court in Detroit, Michigan, to 33 months in prison for wire fraud and willfully failing to file a tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, and Matthew J. Schneider, U.S. Attorney for the Eastern District of Michigan.
According to court documents, Arshawn Kenard Hall, a resident of Farmington, Michigan, operated a truck hauling business called RAMA Enterprise Inc. (RAMA). An automobile company hired Hall to transport plastic crates filled with automobile parts. After transporting the parts, Hall was required to return the empty crates to a facility in Detroit. Instead, Hall took the plastic crates and sold them to a plastic recycling company for approximately $460,000. The value of the stolen plastic crates to their owner was approximately $2,921,000.
Hall also willfully failed to file a 2012 federal income tax return on behalf of RAMA and failed to pay the taxes due. The tax loss associated with Hall’s conduct is $142,069.
In addition to the term of imprisonment, U.S. Court Judge Terrence G. Berg ordered Hall to serve three years of supervised release, to pay restitution of $2,919,265 to the automobile company and $142,069 to the Internal Revenue Service (IRS). Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Schneider commended special agents of IRS Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorneys Abigail Burger Chingos and Kenneth C. Vert and Assistant U.S. Attorney Adriana Dydell, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the Division’s website.
One Man Pleads Guilty and Another Man is Sentenced to 150 Months in Prison for Participating in Fentanyl Trafficking ConspiracyRead the Press Release
Concord – United States Attorney Scott W. Murray announced that Jepherson Emanuel Cabrera, 18, of Lawrence, Massachusetts, was sentenced to 150 months in prison and Juan Rafael Tejada-Jiminez, 28, of Lawrence, Massachusetts pleaded guilty to participating in a conspiracy to distribute over 400 grams of fentanyl.
According to court documents and statements made in court, a drug trafficking organization that authorities allege was led by Sergio Martinez, employed Cabrera, Tejada-Jiminez, and others to sell fentanyl to customers from various New England States, including New Hampshire. On each day that the defendants worked, the Martinez organization provided them with at least one 200-gram bag of fentanyl and expected them to sell it and return approximately $6,000 in proceeds.
Tejada-Jiminez is scheduled to be sentenced on March 13, 2019. Cabrera previously pleaded guilty on August 21, 2018.
“Fentanyl trafficking continues to pose an immediate threat to the lives and safety of the citizens of New Hampshire” said U.S. Attorney Murray. “Blocking the introduction of this lethal substance into our state is a top priority of federal law enforcement. Those who choose to distribute fentanyl in the Granite State should understand that they will be arrested, prosecuted and incarcerated.”
“Fentanyl is causing great damage to our communities,” said DEA Special Agent in Charge Brian D. Boyle. “Those who distribute fentanyl are endangering the safety of the citizens of New Hampshire. This investigation demonstrates the strength of collaborative local, county and state law enforcement efforts in New Hampshire and our strong partnership with the U.S. Attorney’s Office.”
This investigation was conducted by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
The case was a collaborative investigation that involved the DEA; the New Hampshire State Police; the Hillsborough County Sheriff’s Office; the Nashua Police Department; the Massachusetts State Police; the Massachusetts Attorney General’s Office; the New Hampshire Attorney General’s Office; the Essex County District Attorney’s Office; the Internal Revenue Service Criminal Investigation Division; Immigration and Customs Enforcement’s Homeland Security Investigations; United States Customs and Border Protection Boston Field Office; the United States Marshals Service; the United States Department of State’s Diplomatic Security Service; the Manchester Police Department; the Lisbon Police Department; the Littleton Police Department; the Seabrook Police Department; the Haverhill (MA) Police Department; the Methuen (MA) Police Department; the Lowell (MA) Police Department; and the Maine State Police.
The case is being prosecuted by Assistant United States Attorneys Georgiana L. Konesky and Seth R. Aframe.
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Olathe Man Fined $5,000 for Unlawfully Importing Asian Leopard CatsRead the Press Release
KANSAS CITY, KAN. - A Kansas man was sentenced today to pay a $5,000 fine for unlawfully importing endangered leopard cats, U.S. Attorney Stephen McAllister said.
The leopard cat is a small wild cat native to Asia. It is considered as an endangered species under federal law.
Lawrence E. Payne, 34, Olathe, Kan., pleaded guilty to one count of violating the Endangered Species Act. The investigation began when Payne applied to the U.S. Department of Agriculture for a breeding license for Asian leopard cats. When investigators served a search warrant at Payne’s home, they found three Asian leopard cats. Payne admitted importing the animals.
McAllister commended the U.S. Fish and Wildlife Service, the U.S. Department of Agriculture and Assistant U.S. Attorney Chris Oakley for their work on the case.
Okemah Man Pleads Guilty to Sexual Exploitation of ChildrenRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Steven James McNinch, age 35, of Okemah, Oklahoma, entered a guilty plea to Sexual Exploitation of Children, in violation of Title 18, United States Code, Section 2251(a), punishable by not less than 15 years’ imprisonment followed by a term of supervised release of up to life, up to a $250,000.00 fine, or both.
The Indictment alleged that on or about August 6, 2017, in the Eastern District of Oklahoma and elsewhere, the defendant employed, used, persuaded, induced, enticed, and coerced a person under the age of eighteen years to engage in sexually explicit conduct, as that term is defined in Title 18, United States Code, Sections 2256(2)(A)-(B), for the purpose of producing any visual depiction of such conduct, and such visual depiction was produced using materials that have been mailed, shipped, and transported in interstate and foreign commerce.
The charges arose from an investigation by the Okmulgee County Sheriff’s Office, the Okmulgee County Department of Human Services, and the Federal Bureau of Investigation.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Edward Snow represented the United States.
Okemah Man Pleads Guilty to Abusive Sexual Contact with A ChildRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Tyler Leevan Hill, age 28, of Okemah, Oklahoma, entered a guilty plea to Abusive Sexual Contact with a Child In Indian Country, in violation of Title 18, United States Code, Sections 1153, 2244(a)(3) and 2246, punishable by not more than 2 years’ imprisonment followed by a term of supervised release of up to life, up to a $250,000.00 fine, or both.
The Indictment alleged that beginning on or about October 30, 2015 and continuing until on or about July 22, 2016, in the Eastern District of Oklahoma, in Indian Country, the defendant, an Indian, did knowingly engage in sexual contact as defined in Title 18, United States Code, Section 2246(3), with a person who had attained the age of 12 years, but had not attained the age of 16 years, and was at least four years younger than the defendant, with an intent to arouse and gratify the sexual desire of any person.
The charges arose from an investigation by the Muscogee Creek Nation Lighthorse Tribal Police and the Federal Bureau of Investigation.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Edward Snow represented the United States.
North Charleston Man Gets 40 Months for Federal Gun CrimeRead the Press Release
Charleston, South Carolina---- United States Attorney Sherri A. Lydon announced today that Ronreguss Santez Grant, 35, of North Charleston, South Carolina, was sentenced to 40 months in federal prison for being a felon in possession of a firearm and ammunition.
Evidence presented to the court showed that on November 21, 2017, North Charleston Police conducted a traffic stop, smelled marijuana, and searched Grant and his vehicle. In addition to finding a small amount of marijuana on Grant’s person, officers discovered a 9mm pistol that had previously been reported stolen in the vehicle he was driving. Federal law prohibits Grant from possessing firearms and ammunition because of his numerous prior felony convictions, including convictions for strong arm robbery, unlawful carrying of a pistol, and multiple convictions for possession of narcotics.
United States District Judge Richard M. Gergel accepted Grant’s guilty plea and sentenced him to 40 months in federal prison, to be followed by 3 years of court-ordered supervision. There is no parole in the federal system.
The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the North Charleston Police Department. It was prosecuted as part of the joint federal, state, and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.
The Department of Justice has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, the Attorney General announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. Assistant United States Attorney Chris Schoen of the Charleston office prosecuted the case.
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North Carolina Woman Charged with Embezzling Money from Connecticut CompanyRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that a federal grand jury in New Haven has returned an indictment charging SUSANNA KURUS, 43, of Garner, North Carolina, with six counts of wire fraud stemming from an embezzlement scheme.
The indictment was returned on November 15, 2018. Kurus appeared today before U.S. Magistrate Judge Donna F. Martinez in Hartford, entered a plea of not guilty to the charges, and was released on a $200,000 bond.
As alleged in the indictment and statements made in court, Kurus formerly resided in Connecticut and was employed as the accounting manager for a company based in Stratford, Connecticut. Between approximately October 2014 and June 2017, Kurus used the company’s financial accounting software to transfer customer credits to at least six personal debit card accounts, and then used the money for her personal benefit. Through this scheme, she stole in excess of $130,000.
The charge of wire fraud carries a maximum term of imprisonment of 20 years on each count.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Connecticut Financial Crimes Task Force, U.S. Secret Service and Stratford Police Department. The case is being prosecuted by Assistant U.S. Attorney Ray Miller.
North Carolina Man Sentenced for Providing Material Support to a Foreign Terrorist OrganizationRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that today, Chief United States District Judge Terrence W. Boyle, sentenced BASIT JAVED SHEIKH, 39, of Cary, North Carolina, to 84 months imprisonment followed by a lifetime of supervised release. SHEIKH was sentenced for attempting to provide material support and resources to Jabhat al-Nusrah, which the United States Secretary of State has identified as an alias name for al-Qa’ida in Iraq, a designated Foreign Terrorist Organization. SHEIKH pleaded guilty to the charge on August 22, 2018. When pleading guilty SHEIKH acknowledged that, since he is not a natural born citizen of the United States, he faces possible automatic removal from the United States.
SHEIKH was initially charged by criminal complaint, and subsequently by Criminal Indictment filed November 5, 2013. At the time of indictment, SHEIKH was a 34 year-old from Pakistan who had been living for years in the United States as a legal permanent resident. The affidavit to the complaint describes multiple Facebook postings by SHEIKH occurring in 2013 and expressing support for Jahbat al-Nusrah. SHEIKH posted articles acknowledging that Jahbat al-Nusrah had been designated by the United States as a terrorist organization.
As detailed within the affidavit, SHEIKH utilized Facebook to propagate the violent ideology of Islamic Extremism. In mid-2013, SHEIKH sought out a relationship with an individual online whom he believed could assist him in travelling to Syria in support of violent jihad. This individual informed SHEIKH of another person described as a member of Jabhat al-Nusrah able to assist SHEIKH. In reality, both of these individuals were working with and for the FBI. SHEIKH reached out to the individual he believed to be a Jabhat al-Nusrah member and expressed his desire to travel to Syria in order to “help the mujahideen…in any way I can.” When asked how he wanted to help, SHEIKH responded “logistics, media, fight too, God willing.” Despite the FBI covert employee stating to SHEIKH that fighting was not for everyone, SHEIKH replied that that he was “serious” and that he was ready to be a martyr.
Believing that the FBI covert employee would be able to assist in smuggling him from Lebanon into Syria, SHEIKH purchased a one-way ticket with a final destination of Lebanon and a departure from Raleigh-Durham Airport on November 2, 2013. On that date, SHEIKH traveled to Raleigh-Durham Airport, obtained a boarding pass, checked in luggage, and proceeded through the security screening enroute to his gate of departure. SHEIKH was arrested prior to boarding his flight.
United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr. emphasized, “Our security as a nation, as a state, and as a local community requires vigilance against the hateful rhetoric and goals of groups and persons who highjack the tenets of any religion towards their own violent purposes.”
Investigation of this case was conducted by the Federal Bureau of Investigation, Charlotte Division, Resident Agency Joint Terrorism Task Force (JTTF). Assistant United States Attorney Jason Kellhofer represented the government in this case.
Norteño Gang Member Sentenced to 15 Years in Prison for RICO Conspiracy and Use of FirearmsRead the Press Release
SAN JOSE – Anthony Lek was sentenced yesterday to 15 years in prison for his role in a racketeering conspiracy and for using or possessing firearms in furtherance of a crime of violence, announced United States Attorney Alex G. Tse and Federal Bureau of Investigation (FBI) Special Agent in Charge John F. Bennett. The sentence was handed down by the Honorable Lucy H. Koh, U.S. District Judge.
On January 4, 2018, Lek, 31, of Salinas, pleaded guilty to one count of Racketeering Conspiracy, in violation of 18 U.S.C. § 1962(d); Robbery Affecting Interstate Commerce, in violation of 18 U.S.C. § 1951(a); and Using a Firearm in Furtherance of a Crime of Violence, in violation of 18 U.S.C. §§ 924(c) and 2. According to the plea agreement, Lek has been an active member of the “Santa Rita” street gang, which is a subset of the larger Norteño gang affiliation in Salinas, since at least 2007. An essential element of being a Norteño gang member in Salinas was a commitment to violently attack and even kill rival Sureño gang members. Since at least 2009, Lek began associating with a particularly violent subgroup of Norteño gang members in Salinas and participated with them in conducting three take-over style armed robberies of commercial establishments.
Specifically, on June 2, 2010, Lek and three fellow Norteño gang members conducted an armed robbery of the Zale’s jewelry store at the Gilroy Outlets. Lek was armed with a semi-automatic firearm and pointed his gun at the workers and forced them to open the jewelry cases. Lek and a co-robber used zip ties to bind the workers after they opened the jewelry cases. The robbers took over $800,000 worth of jewelry during this robbery.
A few months later, in October 2010, Lek and another Norteño gang member committed an armed robbery of a check-cashing business in Turlock, California. The robbers took several thousand dollars.
On March 17, 2011, Lek and three fellow Norteño gang members committed an armed robbery of the Chase bank in Santa Maria, California. Lek scoped out the bank the day before the robbery. On the day of the robbery, Lek remained outside as the getaway driver of a second vehicle staged a short distance from the bank. The robbers stole a total of $174,000.
On October 28, 2015, Lek was charged in a 71 count superseding indictment along with his co-conspirators. The investigation leading to the indictment was part of the Salinas Police Department and FBI’s crackdown on Norteño gangs in Monterey County.
In addition to the prison term, Judge Koh also sentenced Lek to a five-year period of supervised release, to commence after Lek completes his prison sentence. Lek has been in federal custody since June 1, 2015, and will begin serving his sentence immediately.
Assistant U.S. Attorneys Kimberly Hopkins, Christiaan Highsmith, and Stephen Meyer are prosecuting the case with the assistance of Nina Burney Williams, Adria Trgovich, and Lance Libatique. The prosecution is the result of an investigation by the FBI and Salinas Police Department.
Nitro Man Sentenced for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that a Nitro man was sentenced for a federal drug crime. Jon Green, Jr., 49, of Nitro, was sentenced by United States District Court Judge Joseph Goodwin to 40 months in federal prison for distribution of methamphetamine. Stuart commended the work of the Drug Enforcement Administration (DEA) in the case.
“Meth is flooding Kanawha County,” said United States Attorney Mike Stuart. “But DEA and our other law enforcement partners are pushing back, identifying and investigating meth dealers, resulting in convictions that carry stiff penalties.”
Green pled guilty in August admitting that on August 30th, and again on September 1st and 14th, 2017, he sold methamphetamine to a confidential informant working with the Drug Enforcement Administration. The transactions occurred at defendant’s 7th Street residence in Nitro.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Newark Physician Sentenced to 21 Years in Federal Prison for Child Exploitation OffensesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today Dr. David Blasczak, 70, of Newark, NY, who was convicted of receiving child pornography, was sentenced to serve 262 months in prison guilty by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that the defendant was a physician at the Clyde Family Health Center in Clyde, NY. Between September 1, 2015, and January 18, 2018, Blasczak subscribed to a website from his home that offered child pornography for purchase. The defendant created an account and purchased images and videos of child pornography which were emailed to Blasczak. The images and videos depicted prepubescent children engaged in sexual conduct with adults and other children, as well as prepubescent children, infants, and toddlers subjected to sexual abuse. In total, the defendant received and/or possessed approximately 2557 images and 78 videos depicting child pornography.
In addition to receiving images and videos of child pornography, as part of his plea agreement with the government, Blasczak also admitted to the following:
• Between approximately 1990 and 2000, Blasczak hosted slumber parties at his home which were attended by minor females between the ages of seven and 12. On several occasions, the defendant entered the room in which the minor females were sleeping, manipulated their clothing, and subjected them to sexual contact. This behavior typically consisted of Blasczak touching private areas of the minors’ bodies. The defendant also took photographs of the minors’ exposed private areas when he was able to remove their clothing. Blasczak engaged in as many as 40 different incidents of such sexual conduct involving approximately eight to 10 minor females.
• The defendant also stole children’s underwear from various places, including a friend’s house, for his sexual gratification.
• In his position at the Clyde Family Health Center, Blasczak took nude photographs of the genitals of multiple minor female patients at his medical office. The defendant represented to parents that the photographs were needed for a “study,” which was neither sanctioned, funded, nor approved by any official medical body or learning institution. During a search of the defendant’s medical office, Homeland Security Special Agents discovered prepubescent child sex dolls, and novels that the defendant wrote concerning the sexual abuse of children.During the course of the investigation, Homeland Security Special Agents conducted interviews with close to 30 individuals who were exposed to some type of inappropriate conduct by the defendant.
“The defendant occupied one of the greatest positions of trust in our society. He betrayed that trust by hurting children rather than healing them,” stated U.S. Attorney Kennedy. “As a result of his predatory behavior, Dr. Blasczak will likely spend the rest of his natural life in prison. The sentence fulfills our obligation to protect our most vulnerable among us.”
“This case is particularly troubling especially in light of the defendant's role as a doctor who had taken an oath to 'never do harm,'" said Kevin Kelly, Special Agent-in-Charge for HSI Buffalo. “He instead sought opportunities to harm and exploit innocent children. This case shows that HSI is committed to investigating child predators regardless of the positions they hold in society.”
Today’s sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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New Jersey Man Sentenced to 46 Months’ Imprisonment for Bank FraudRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Patrick Sutherland, age 29, of Roselle, New Jersey, was sentenced on November 27, 2018, by U.S. District Court Judge Malachy E. Mannion to 46 months’ imprisonment for bank fraud.
According to United States Attorney David J. Freed, from December 2014 through August 2016, Sutherland was involved in a scheme during which $1 postal money orders were purchased from post offices in the Scranton, Pennsylvania area, and altered to reflect $1,000. The postal money orders were then deposited into bank accounts controlled by members of the conspiracy, and the cash withdrawn before the banks could identify the fraud. Judge Mannion also ordered Sutherland to pay $282,779 in restitution, a $100 special assessment, and to be placed on 3 years of supervised release upon his release from prison.
The case was investigated by the United States Postal Inspection Service and was prosecuted by Assistant U.S. Attorney Todd K. Hinkley
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New Jersey Man Sentenced to 30 Months’ Imprisonment for Straw Purchasing of FirearmsRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Laquan Hassan Croswell, age 25, of Paterson, New Jersey, was sentenced today by U.S. District Court Judge James M. Munley to 30 months’ imprisonment on charges related to straw purchase of firearms.
According to United States Attorney David J. Freed, the investigation began when a firearm purchased by Croswell was recovered in Paterson, New Jersey, in connection with an armed robbery. Agents determined that Croswell had purchased in excess of thirty firearms from firearms dealers both in Pennsylvania and Florida. Croswell then sold many of the firearms without filing the required transfer paperwork for each firearm transaction. In essence, Croswell lied when he purchased these firearms, stating on the ATF Form 4473 purchase documents that he was the true purchaser of the firearms when he knew that he was purchasing them to be resold to unidentified persons. Several of the firearms have yet to be recovered.
Judge Munley also ordered Croswell to pay a $100 special assessment, and be placed on two years of supervised release once released from federal prison. All the firearms purchased by Croswell have been forfeited to the government.
The case was investigated by the ATF and is being prosecuted by Assistant U.S. Attorney Todd K. Hinkley
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions 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.
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New Haven Printing Company Owner Sentenced for Federal Tax OffenseRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that LOUIS GOLDBERG, 71, of New Haven, was sentenced today by U.S. District Judge Janet C. Hall in New Haven for his role in a tax avoidance scheme.
According to court documents and statements made in court, Goldberg owns Good Copy Printing Center Inc. (GCP), a printing company located in New Haven. GCP employed Goldberg’s nephew, Ira Malkin, as a principal salesman, and Malkin earned substantial commissions from GCP based on sales made to customers. Between approximately 2003 and 2012, Goldberg had some knowledge that GCP paid many of Malkin’s personal expenses. With Malkin’s consent, GCP reduced his commissions by the amount of personal expenses the company paid. GCP then reported to the IRS through filed W-2 forms that Malkin had earned substantially less income than he truly earned. By reporting lower commissions paid, GCP also improperly reduced the amount of Medicare Payroll Taxes it reported and paid to the IRS.
In addition, GCP handled printing jobs for Comcast, which included GCP mailing out flyers and paying the relevant postage expense with the expectation that GCP would subsequently be reimbursed for that expense. Goldberg knew that Malkin had GCP pay the postage expense for the Comcast mailings, had Comcast reimburse Malkin for the cost of the mailings, and then had GCP reduce Malkin’s earned commissions by the amount of postage paid by GCP. Through this arrangement, between approximately 2009 and 2012, GCP further underreported Malkin’s income on W-2 forms filed with the IRS. By reporting lower income, GCP again improperly reduced the amount of Medicare Payroll Taxes it reported and paid to the IRS.
Between 2003 and 2012, GCP underreported a total of $40,490 in Medicare taxes.
Judge Hall sentenced Goldberg to one year of probation for his role in this scheme.
Goldberg has paid the IRS approximately $105,000 in restitution, which includes the $40,490 in Medicare taxes he owed, interest and a substantial fraud penalty.
On September 7, 2018, Goldberg pleaded guilty to one count of aiding and assisting in the filing of a false tax return.
On February 27, 2018, Malkin pleaded guilty to one count of tax evasion and admitted that he failed to pay $484,581 in federal income taxes on more than $1.5 million in unreported income. On August 9, he was sentenced to six months of imprisonment and six months of home confinement. Malkin has repaid the IRS all of his back taxes, but still owes more than $700,000 in interest and penalties.
This matter was investigated by the Internal Revenue Service – Criminal Investigation Division. The case was prosecuted by Assistant U.S. Attorney Christopher W. Schmeisser.
New Bern Man Pleads Guilty to Multi-Year Heroin and Marijuana ConspiracyRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that yesterday in federal court, before Chief United States District Judge Terrence W. Boyle CALVIN MARK WILSON, 34, of New Bern, North Carolina pled guilty to conspiracy to distribute and possess with the intent to distribute one thousand (1,000) grams or more of heroin and a quantity of marijuana.
During the defendant’s guilty plea hearing, the Government summarized the evidence supporting the defendant’s guilty plea. After a multi-year investigation by the New Bern Police Department into a heroin trafficking ring operating in and around New Bern, NC, agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) obtained authorization for a federal wiretap of cellular phones associated with WILSON and two co-defendants. As a result, agents intercepted calls and texts over a three-month period in 2017 showing that WILSON was directing the supply and distribution of kilogram-levels of heroin from New York to New Bern, NC. Based on intercepted calls, agents were able to stop and arrest WILSON and two co-defendants traveling back from New York with 3lbs of marijuana and 7 bars of heroin cutting agent. Calls intercepted after that arrest indicated that WILSON had lost as much as $30,000 on that day alone based on law enforcement’s actions. Later, after WILSON was arrested on his federal charges in October 2017, investigators searched his cell phone, which revealed additional evidence of WILSON arranging for the resupply of hundreds of grams of heroin at a time from his New York sources of supply and then distributing that heroin to street level dealers in New Bern.
At sentencing, the defendant faces not less than 20 years’ imprisonment and up to $10,000,000 in fines.
WILSON’s conviction was the culmination of a multi-year investigation into a heroin trafficking ring operating in and around New Bern, North Carolina, that has resulted in the federal convictions of 16 defendants for drug and gun charges.
The defendants include:
- DWAYNE LEE STALLINGS, aka “Smiley,” 35, of Cove City, NC. STALLINGS was convicted of possession of a firearm by a felon and was sentenced to 108 months’ imprisonment.
- NASSAR TURE MACK, 37, of New Bern, NC. MACK was convicted of possession of a firearm by felon and was sentenced to 24 months’ imprisonment.
- DAMIEN LAMONTE BROWN, aka “Dame,” 36, of New Bern, NC. BROWN was convicted in August 2018 by a federal jury of conspiring to distribute and possess with the intent to distribute one hundred (100) grams or more of heroin, possession with intent to distribute one hundred (100) grams or more of heroin, and possession of a firearm by felon. BROWN faces not less than 10 years’ imprisonment and up to life imprisonment.
- DERRICK LAMONT DAVIS, aka “Gucci,” 35, of Kinston, NC. DAVIS was convicted of conspiring to distribute and possess with the intent to distribute one hundred (100) grams or more of heroin. DAVIS faces not less than 5 years’ imprisonment and up to 40 years’ imprisonment.
- WALTER NAJEE GREEN, III, 21, of New Bern, NC. GREEN was convicted of distribution of a quantity of heroin and faces up to 30 years’ imprisonment.
- MARIO CORRELLUS BARGNEARE, aka “Rio,” 39, of New Bern, NC. BARGNEARE was convicted of conspiring to distribute and possess with the intent to distribute one hundred (100) grams or more of heroin and discharging a firearm in furtherance of a drug trafficking crime. BARGNEARE faces not less than 15 years’ imprisonment and up to life imprisonment.
- WILLIE FRANK JAMES AHERN, aka “White, White Bread, Dribs,” 39, of Bayboro, NC. AHERN was convicted of conspiring to distribute and possess with the intent to distribute a quantity of heroin and several instances of distributing quantities of heroin. AHERN faces up to life imprisonment.
- DEREK JACQUAN WIGGINS, aka “DJ,” 38, of New Bern, NC. WIGGINS was convicted of conspiring to distribute and possess with the intent to distribute a quantity of heroin, several counts of distributing heroin, and possession of a firearm by a felon. He faces up to life imprisonment.
- ROY JAMES NOLON, aka “Henny,” 21, of New Bern, NC. NOLON was convicted of conspiring to distribute and possess with the intent to distribute a quantity of heroin and possession of a firearm in furtherance of a drug trafficking crime. He faces not less than 5 years’ imprisonment.
- MICHAEL QUALEEK VELASQUEZ, aka “Moo Moo,” 23, of New Bern, NC. VELASQUEZ was convicted of conspiring to distribute and possess with the intent to distribute a quantity of heroin and possession with intent to distribute a quantity of heroin. He faces up to life imprisonment.
- LAMAR HOSEA WIGGINS, aka “LB,” 39, of New Bern, NC. WIGGINS was convicted of conspiring to possess with the intent to distribute a quantity of heroin and possession of a firearm by a felon. He faces up to 30 years’ imprisonment.
- LASHAWNNA JAQUETTE MCCOTTER, aka “Flossy,” 47, of New Bern, NC. McCOTTER was convicted of conspiring to possess with the intent to distribute a quantity of heroin and possession with intent to distribute a quantity of marijuana. She faces up to 25 years’ imprisonment.
- LATREKA DENISE HARDESTY, aka “T,” 27, of New Bern, NC. HARDESTY was convicted of conspiring to distribute and possess with the intent to distribute a quantity of heroin. She faces up to 20 years’ imprisonment.
- ADRIENNE MICHELLE HALL, 35, of New Bern, NC. HALL was convicted of conspiring to distribute and possess with the intent to distribute a quantity of heroin. She faces up to 20 years’ imprisonment.
- CAROLINE LOUISE HUGHES, 28, of Alliance, NC. HUGHES was convicted of conspiring to distribute and possess with the intent to distribute a quantity of heroin. She faces up to 20 years’ imprisonment.
The investigation also led to 8 individuals being charged by the state for drug offenses. Those charges remain pending.
The investigation was part of OCDETF Operation 190. This is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), New Bern Police Department, Jacksonville Police Department, Craven County Sheriff’s Office, Pamlico County Sheriff’s Office, the North Carolina State Bureau of Investigation, Onslow County Sheriff’s Office, Sampson County Sheriff’s Office, Trent Woods Police Department, Carteret County Sheriff’s Office, Morehead City Police Department, Beaufort County Sheriff’s Office, and with the assistance of the Federal Bureau of Investigation (FBI) and Drug Enforcement Administration (DEA). Assistant United States Attorney Laura S. Howard prosecuted this case on behalf of the government.
Minneapolis Felon Sentenced to 71 Months in Prison for Role in 2017 Bar ShootingRead the Press Release
United States Attorney Erica H. MacDonald today announced the sentencing of CEDRIC LAMONT BERRY, JR, a/k/a “Ced,” 24, to 71 months in federal prison. BERRY was sentenced on November 28, 2018, by Senior Judge Ann D. Montgomery, in U.S. District Court in Minneapolis, Minnesota. BERRY pleaded guilty on July 19, 2018, to one count of felon in possession of ammunition.
Earlier this month, BERRY’s co-defendant CORTEZ MAURICE CRUMBLE, a/k/a “Bruiser,” 30, was found guilty following a jury trial before Senior Judge Montgomery in U.S. District Court, in Minneapolis, Minnesota. A sentencing hearing for CRUMBLE has been set for March 21, 2019.
“The defendant has a violent criminal history and has consistently been shown to be a danger to the community,” said United States Attorney Erica H. MacDonald. “He and his co-defendant brazenly shot at a man fleeing in a car in a public parking lot, posing a substantial danger to human life. My commitment to Minnesotans is to use every tool and law enforcement partnership we have to keep our communities safe.”
“These individuals repeatedly disregarded both the law and the safety of others,” said ATF Special Agent in Charge Kurt Thielhorn of the Saint Paul Field Division. “We’re glad to get them out of the community they victimized and this case is part of our effort to reduce violent crime in Minneapolis. Our relationship with the Minneapolis Police Department and the Minnesota Bureau of Criminal Apprehension led to the success in investigating these violent offenders and we are thankful for their involvement in this case.”
According to documents submitted to the court, including BERRY’s guilty plea, and evidence admitted at CRUMBLE’s trial, in the early morning hours of November 23, 2017, CRUMBLE and BERRY were at the Broadway Pub in Minneapolis when BERRY and other individuals got into a fight inside the bar. Security personnel broke up the fight, however; video footage captured BERRY as he ran out of the bar and appeared to retrieve something from a vehicle in the parking lot. BERRY was then seen running back into the bar with a firearm in his hand. Shortly afterward, CRUMBLE was captured on video outside the bar shooting at a vehicle as it sped out of the parking lot. BERRY was also captured on video appearing to draw a firearm from his waistband and firing at the vehicle. Law enforcement officers found 20 .40 caliber discharged cartridge casings in the area where the shooting took place.
Both CRUMBLE and BERRY have prior felony convictions prohibiting them from legally possessing firearms or ammunition at any time.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Minneapolis Police Department, and the Minnesota Bureau of Criminal Apprehension.
Assistant U.S. Attorney Thomas Calhoun-Lopez tried the case.
Defendant Information:
CEDRIC LAMONT BERRY, JR, a/k/a “Ced,” 24 Minneapolis, Minn.
Convicted:
- Felon in possession of ammunition, 1 count
Sentenced:
- 71 months in prison
- 3 years supervised release
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Mexican Woman Admits Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Rosibel Catalan-Bonifacio, age 24, and a citizen of Mexico, pled guilty today to illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.
Catalan-Bonifacio admitted as part of her guilty plea that she is a citizen of Mexico, and that she was removed from the United States to Mexico a total of 5 times, the most recent removal taking place on December 5, 2014. On each occasion, Catalan-Bonifacio had been arrested by immigration authorities in Arizona after she entered the United States without inspection from Mexico.
On August 1, 2018, she was arrested by a Border Patrol Agent in Champlain, New York, after she illegally entered the United States from Canada by walking across the border approximately 3 miles west of the Champlain Port of Entry, thereby avoiding immigration and customs inspection. Catalan-Bonifacio admitted that she returned to the United States without permission following the prior removals.
Catalan-Bonifacio faces up to 2 years in prison and a fine of up to $250,000 when she is sentenced by United States District Judge Mae A. D ’Agostino on March 25, 2019. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Mexican National Charged with Assaulting Border Patrol AgentRead the Press Release
NEWS RELEASE SUMMARY – November 29, 2018
SAN DIEGO – A Mexican national attempting to illegally re-enter the United States while armed with a loaded firearm was arrested and charged in an assault on a U.S. Border Patrol agent earlier this week.
According to the criminal complaint, at approximately 4:30 a.m., on Monday November 26, 2018, approximately ½ mile north of the United States/Mexico border, and two miles east of the Otay Mesa Port of Entry, a United States Border Patrol Agent responded to a radio call-out regarding a person crossing on foot from Mexico to the United States. After a short search, the agent encountered Hector Rodriguez-Chavez lying face-down in tall grass. As the agent drew near, Rodriguez turned and pointed a loaded pistol at the agent. The agent placed his body on Rodriguez’s right arm in an attempt to gain control of the pistol. Rodriguez resisted and the two wrestled for about a minute before two more agents arrived on the scene. Rodriguez ignored several verbal commands to relinquish the pistol and stop resisting. The second agent to arrive deployed a tazer to subdue Rodriguez and gain control over the pistol. Rodriguez was detained and arrested.
Court records show Rodriguez has a criminal record that includes felony convictions for violent drug, immigration and firearms crimes. Rodriguez is a Mexican national who has previously been deported from the United States.
“Assault on federal officers is one of the Department of Justice’s top priorities,” said U.S. Attorney Adam L. Braverman. “Our office is committed to vigorously prosecuting these cases.”
“Our agents’ vigilance prevented this dangerous person from illegally re-entering our communities,” said Rodney S. Scott, Chief Patrol Agent for San Diego Sector Border Control.
This case is being prosecuted by Assistant United States Attorney Stephen H. Wong.
DEFENDANT Case Number 18mj6015-NLS
Hector Rodriguez-Chavez, Age 57
SUMMARY OF CHARGES
Assault on a Federal Officer, in violation of Title 18, U.S.C., Sec. 111 (a)(l ) and (b)
Maximum penalty: Twenty years in prison, $250,000 fine
Alien in Possession of a Firearm, in violation of Title 18, U.S.C., Sec. 922(g)(5)
Maximum penalty: ten years in prison, $250,000 fine
AGENCIES
U.S. Border Patrol
Federal Bureau of Investigation
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Mexican Citizen Sentenced for Illegal Entry Following Drug ConvictionsRead the Press Release
RICHMOND, Va. – A Mexican citizen most recently residing in Westmoreland County was sentenced today to three years in prison for illegal reentry following removal for a felony conviction.
“Morales-Ramirez was convicted of a sexual assault felony in 2000 as an illegal alien,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “He illegally reentered a second time and proceeded to commit more crimes. He clearly has no regard for our nation’s laws and borders and he poses a threat to our public safety. We are committed to criminal immigration enforcement and will continue to prioritize these cases.”
According to court documents, in 2000, Miguel Morales-Ramirez, 42, illegally entered the United States. Following a 2000 felony conviction for sexual assault, Morales-Ramirez was removed. In 2007, he illegally reentered the United States intending to stay permanently. Once in Virginia, Morales-Ramirez committed several driving violations, and in 2017, Morales-Ramirez was charged and convicted of drug offenses in Westmoreland County.
“ICE focuses its immigration enforcement efforts on removing public safety threats like Morales-Ramirez from our communities,” said Russell Hott, Field Office Director for ICE’s Enforcement and Removal Operations Washington. “Let today’s sentence serve as a lesson. ICE will not permit individuals to game our immigration system. If you violate the nation’s immigration laws, you will be prosecuted for your crimes.
ICE arrested Morales-Ramirez as part of Operation Eagle’s Shield in July 2018. This operation targeted notable threats to public safety throughout Virginia and Washington, D.C. that resulted in the arrests of 132 individuals on criminal and civil violations.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Russell Hott, Field Office Director for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C., made the announcement after sentencing by Senior U.S. District Judge Robert E. Payne. Assistant U.S. Attorney S. David Schiller 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. 3:18-cr-84.
Mexican Citizen Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Alejandro Olvera-Servin, age 38, and a citizen of Mexico, was sentenced today to time served (163 days in jail) for illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.
Olvera-Servin admitted as part of his guilty plea that he is a citizen of Mexico, and that he was removed from the United States to Mexico on March 19, 2016 and again on April 27, 2018. On each occasion, Olvera-Servin had been arrested by immigration authorities in Texas after he entered the United States without inspection from Mexico.
On June 19, 2018, he was arrested by a Border Patrol Agent in Mooers, New York, after he illegally entered the United States from Canada by walking across the border approximately 10 miles to the west of the Champlain Port of Entry, thereby avoiding immigration and customs inspection. Olvera-Servin admitted that he returned to the United States without permission following the 2016 and 2018 removals.
Following the sentencing, Olvera-Servin was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Methamphetamine Supplier from Honduras Sentenced to 198 MonthsRead the Press Release
LONDON, Ky. — Wilmer Caballero-Lazo, 26, was sentenced Tuesday, to 198 months in federal prison, by United States District Judge Gregory F. Van Tatenhove, for conspiracy to distribute methamphetamine. Caballero-Lazo is a citizen of Honduras.
Caballero-Lazo pleaded guilty to the methamphetamine charges in May of 2018. The investigation began as a search for stolen firearms and revealed that, between May of 2015 and September of 2016, Caballero-Lazo regularly delivered kilogram quantities of methamphetamine to large-scale drug dealers in the Laurel and Whitley County communities, including Brian Ellis, Richard Walker, Dustin Higginbotham, Michael Shane McCormick, Jr., and Lindsey Johnson. Each of those individuals have previously received federal sentences in connection with their criminal conduct.
Under federal law, Caballero-Lazo must serve 85 percent of his prison sentence. Caballero-Lazo will be deported back to Honduras following service of his sentence.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Stuart Lowrey, Alcohol, Tobacco, Firearms, and Explosives Special Agent in Charge for the Louisville Field Division; and Chris Fultz, Manchester Police Chief, jointly made the announcement. The Drug Enforcement Administration, Kentucky State Police, London Police Department, Laurel County Sheriff’s Office, Corbin Police Department, and the Marietta Cobb Smyrna Task Force in Georgia also assisted in the investigation. The United States was represented by Assistant United States Attorney Andrew H. Trimble.
McKeesport Woman Sentenced for Defrauding Social SecurityRead the Press Release
PITTSBURGH, PA - A McKeesport, Pennsylvania resident has been sentenced in federal court to five years of probation, together with four months of home detention, and restitution of $19,289.00 on her conviction relating to Social Security fraud, United States Attorney Scott W. Brady announced today.
Chief United States District Judge Joy Flowers Conti imposed the sentence yesterday on Kristin Lucas, aka Kristin Hope Iarrusso, 45, on her conviction of one count of theft of government funds.
According to information presented to the court, between November 2012 and October 2014, Lucas received and converted approximately $19,289.00 in Supplemental Security Income benefits to which she knew she was not entitled. Additionally, on or about April 10, 2013, Lucas knowingly made a false statement material to her right to receive Supplemental Security Income benefits, by falsely stating that she had used $8,400 in Supplemental Security Income benefits paid to her from March 1, 2012 to February 28, 2013 for the care and support of a minor child.
Assistant United States Attorney Adam N. Hallowell prosecuted this case on behalf of the government.
United States Attorney Brady commended the Social Security Administration – Office of Inspector General for the investigation leading to the successful prosecution of Kristin Lucas.
McKeesport Felon Pleads Guilty to Violating Federal Drug and Gun LawsRead the Press Release
PITTSBURGH, Pa. – A former resident of McKeesport, Pennsylvania, pleaded guilty in federal court to charges of conspiracy to distribute and possession with intent to distribute heroin and cocaine, being a convicted felon in possession of firearms and ammunition, and possession of firearms in furtherance of a drug trafficking crime, United States Attorney Scott W. Brady announced today.
Thomas Thornton, 42, pleaded guilty to four counts before Senior United States District Judge Donetta W. Ambrose. Judge Ambrose scheduled sentencing for April 2, 2019.
In connection with the guilty plea, the court was advised that the FBI received information that Thomas Thornton conspired to distribute drugs with another individual, and that he was also purchasing fentanyl and had several guns. Agents executed a search warrant at Thornton’s McKeesport residence on May 22, 2018. Agents recovered: a 9mm semi-automatic handgun, with a loaded magazine; a .45 caliber handgun, with a loaded magazine; a holster; ammunition; two Airsoft vests; heroin; cocaine; scales and other materials indicative of drug sales; a case of cough syrup; two cellphones; and indicia of residency for Thornton and his co-conspirator.
Thornton admitted to selling drugs after being fired from a good paying job. He admitted that he initially purchased marijuana from a source in California. He later started purchasing cough syrup from Texas after realizing it would be easier for him to sell bottles of cough syrup for a profit. Thornton also admitted that he has purchased heroin, cocaine and ecstasy pills from Texas. Thornton admitted to receiving the 9mm firearm in exchange for 50 stamp bags of heroin.
The law provides for a maximum total sentence of not less than five years and up to life 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 of the defendant. Judge Ambrose ordered the defendant to remain detained pending sentencing.
The Federal Bureau of Investigation’s Western Pennsylvania Opioid Task Force conducted the investigation leading to the Indictment in this case.
Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.
Massachusetts State Trooper Pleads Guilty in Overtime Abuse InvestigationRead the Press Release
BOSTON – A retired Massachusetts State Police Trooper pleaded guilty today to collecting over $29,000 in overtime pay that he did not work.
Paul Cesan, 50, of Southwick, who was previously arrested and charged on June 27, 2018, pleaded guilty to one count of embezzlement from an agency receiving federal funds. U.S. Senior District Court Judge Douglas P. Woodlock scheduled sentencing for March 12, 2019.
Cesan was a Massachusetts State Police (MSP) Trooper assigned to Troop E, which was responsible for enforcing criminal and traffic regulations along the Massachusetts Turnpike, Interstate I-90. In 2016, Cesan earned $163,533, which included approximately $50,866 in overtime pay.
Cesan was paid for overtime shifts that he did not work at all or from which he left early. Cesan concealed his fraud by submitting fraudulent citations designed to create the appearance that he had worked overtime hours that he had not, and falsely claimed in MSP paperwork and payroll entries that he had worked the entirety of his overtime shifts.
Cesan has admitted collecting $29,287 for overtime hours that he did not work.
The overtime in question involved the Accident and Injury Reduction Effort program (AIRE) and the “X-Team” initiative, which were intended to reduce accidents, crashes, and injuries on I-90 through an enhanced presence of MSP Troopers who were to target vehicles traveling at excessive speeds.
In 2016, MSP received annual benefits from the U.S. Department of Transportation in excess of $10,000, which were funded pursuant to numerous federal grants.
Cesan is the fourth Trooper to plead guilty as a result of the ongoing investigation. On July 2, 2018, former Trooper Gregory Raftery, 47, of Westwood, pleaded guilty, on Sept. 14, 2018, suspended Trooper Kevin Sweeney, 40, of Braintree, pleaded guilty, and on Oct. 11, 2018, suspended Trooper Gary Herman, 45, of Chester, pleaded guilty. Three others have been charged: former Lieutenant David Wilson, 57, of Charlton; retired Trooper Daren DeJong, 56, of Uxbridge; and suspended Trooper Eric Chin.
Pursuant to the plea agreement, the government will recommend a sentence of between 10 and 16 months in prison. The charge of theft of government funds provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss. 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; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Douglas Shoemaker, Special Agent in Charge of the U.S. Department of Transportation’s Office of Inspector General, made the announcement today. Assistant U.S. Attorneys Dustin Chao and Mark Grady of Lelling’s Public Corruption Unit are prosecuting the case.
The details contained in the court documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Manhattan U.S. Attorney Announces Distribution of More Than $695 Million to Victims of Madoff Ponzi SchemeRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Division of the Federal Bureau of Investigation (“FBI”), announced today that the Madoff Victim Fund established by the Department of Justice began the distribution of $695.4 million in funds forfeited to the United States Government in connection with the Bernard L. Madoff Investment Securities LLC (“BLMIS”) fraud scheme. These funds will be sent to more than 27,000 victims worldwide, the third in a series of payments from the Madoff Victim Fund to victims of the BLMIS fraud that will ultimately total more than $4 billion. Another $5 billion in assets recovered by the U.S. Attorney’s Office are being separately paid to Madoff victims through the BLMIS Customer Fund administered by the Securities Investor Protection Act Trustee.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Bernie Madoff committed history’s largest Ponzi scheme. This Office prosecuted Madoff and others who helped perpetrate his fraud, and we assisted in recovering billions of dollars in proceeds from the fraud. Today’s payment of more than $690 million is this Office’s third installment in a series of distributions that represent our ongoing commitment to find relief for victims of Madoff’s heinous crimes.”
Assistant Attorney General Brian A. Benczkowski said: “Bernie Madoff’s scheme devastated retirement and pension funds, charitable organizations, and thousands of individual investors spread across 49 States, the District of Columbia, and 121 other countries. The payments announced today could not have happened without the prosecutors’ relentless pursuit of proceeds of Madoff’s fraud through civil forfeiture – and, as a result of their efforts and those of the Criminal Division’s Money Laundering and Asset Recovery Section, victims who would not have seen a dime in other compensation programs will now recover more than half of their losses.”
FBI Assistant Director William F. Sweeney Jr. said: “While today’s distribution of funds is indeed significant in scope, we understand no amount of money could ever restore the damage done by Madoff as a result of his selfish behavior and unforgivable financial crimes. To all of his many victims and their families, we realize this gesture may not provide the consolation necessary to remove the pain and suffering you have been brought to bear, but we are hopeful it provides some sense of relief, and we remain committed to achieve justice for all victims of inexcusable financial crimes.”
Since the early 1970s, BERNARD L. MADOFF (“MADOFF”) used his position as Chairman of BLMIS, the investment advisory business he founded, to steal billions from his clients. On March 12, 2009, MADOFF pled guilty to 11 federal felonies, admitting that he had turned his wealth management business into the world’s largest Ponzi scheme, benefitting himself, his family, and select members of his inner circle. On June 29, 2009, United States District Judge Denny Chin sentenced MADOFF to 150 years in prison for running the largest fraudulent scheme in history. Judge Chin ordered MADOFF to forfeit $170,799,000,000 as part of MADOFF’s sentence.
The Madoff Victim Fund is funded through recoveries by the U.S. Attorney’s Office in various criminal and civil forfeiture actions, and is overseen by Richard Breeden, the former Chairman of the United States Securities and Exchange Commission, in his capacity as Special Master appointed by the Department of Justice to assist in connection with the victim remission proceedings. The two prior distributions from the Madoff Victim Fund have already returned nearly $1.3 billion to Madoff victims, and this third distribution will increase that total to almost $2 billion.
Of the approximately $4.05 billion that will ultimately be made available to victims through the Madoff Victim Fund, approximately $2.2 billion was collected as part of the civil forfeiture recovery from the estate of deceased MADOFF investor Jeffry Picower. An additional $1.7 billion was collected as part of a Deferred Prosecution Agreement with JPMorgan Chase Bank N.A. for MADOFF-related Bank Secrecy Act violations. Additional funds were collected through criminal and civil forfeiture actions against MADOFF and his co-conspirators, and certain MADOFF investors.
Mr. Berman praised the work of the FBI and the Madoff Victim Fund, and thanked the Money Laundering and Asset Recovery Section of the Department of Justice’s Criminal Division for their assistance.
For more information about the Madoff Victim Fund, compensation to victims of BLMIS, eligibility criteria, and payment information, please visit www.madoffvictimfund.com.
The case is being handled by the Office’s Money Laundering and Transnational Criminal Enterprises Unit. Assistant United States Attorney Louis A. Pellegrino is in charge of the case.
Luzerne County Man Charged with Maintaining Drug-Involved PremisesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania has announced that Brandon Vitack, age 26, of Monroe Township, Pennsylvania, was charged in a criminal information on November 21, 2018, with maintaining a drug-involved premises.
According to United States Attorney David J. Freed, Vitack is charged in a criminal information with knowingly and intentionally opening and maintaining his residence from approximately October 1, 2017 to December 13, 2017, for the purpose of manufacturing, packaging, distributing, and using controlled substances, specifically, fentanyl, a Schedule II controlled substance.
The charges stem from a joint investigation involving the Federal Bureau of Investigation (FBI) in Scranton, and the Kingston Police Department. United States Attorney Michelle Olshefski is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions 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 also 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.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under the federal statute for maintaining drug-involved premises is 20 years’ imprisonment and a $500,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature 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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Louisville Man Sentenced to Eight Years for Distributing MethamphetamineRead the Press Release
COVINGTON, Ky. — Jamel Clay, 24, of Louisville, Kentucky, was sentenced on Thursday, by United States District Judge David Bunning, to eight years in federal prison, for possession with the intent to distribute Methamphetamine.
Clay was indicted in May 2018 and pled guilty in August 2018. According to court documents, Clay supplied approximately ten pounds of methamphetamine to a co-defendant, Michael Hager, over a period of several months. Hager, a Covington resident, was responsible for distributing the methamphetamine in Northern Kentucky. Agents arrested Hager in possession of approximately eight ounces of methamphetamine and a loaded firearm, on March 1, 2018. Agents arrested Clay in possession of approximately 15 ounces of methamphetamine, on March 12, 2018. Hager was sentenced to 144 months in prison, in November 2018.
Under federal law, Clay must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the United States Probation Office for a term of five years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration, jointly made the announcement.
The investigation was conducted by the FBI and the Northern Kentucky Drug Strike Force. The United States was represented by Assistant United States Attorney Tony Bracke.
Louisville Felon Sentenced for Possessing 26 guns, 11k Rounds of Ammo and DrugsRead the Press Release
LOUISVILLE, Ky. – United States District Court Judge David J. Hale sentenced Louisville, Kentucky, man, Sukhjit Bains to 63 months in federal prison, followed by three years of supervised release and a $25,000 fine for being a felon in possession of firearms and for possessing methamphetamine with intent to distribute, announced United States Attorney Russell M. Coleman. There is no parole in the federal system.
“If you choose to deal drugs and possess a firearm as a convicted felon in Louisville then be prepared to go to federal prison,” stated U.S. Attorney Russell Coleman.
According to a plea agreement filed in the case, Bains, 44, was arrested on a bench warrant on February 24, 2017, for having escaped a work release program. When arrested, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agents found Bains in possession of a loaded 9mm pistol, and approximately an ounce of methamphetamine. On October 24, 2017, ATF agents executed a search warrant on Bains’ residence and recovered 26 firearms and approximately 11,000 rounds of ammunition. The firearms included fully-automatic weapons, assault rifles, handguns and silencers.
Assistant United States Attorney Jo E. Lawless prosecuted the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Louisville Metro Police Department investigated the case.
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Kentucky. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. This sentencing is part of the Project Safe Neighborhoods Initiative in the Western District of Kentucky.
Lawrence Man Sentenced to 36 Months for Cocaine TraffickingRead the Press Release
CONCORD - United States Attorney Scott W. Murray announced today that Jose R. Almonte-Tejeda, 40, formerly of Lawrence, Massachusetts, was sentenced to 36 months in prison for possessing over 500 grams of cocaine with intent to distribute.
According to court documents and statements made in court, on April 27, 2018, the New Hampshire State Police’s Mobile Enforcement Team conducted a traffic stop on a vehicle driven by Almonte-Tejeda on I-95 in the area of Hampton Falls, New Hampshire. A subsequent search of the vehicle resulted in the seizure of 832 grams of cocaine from Almonte-Tejeda’s vehicle.
Almonte-Tejeda previously pled guilty on August 23, 2018.
“We are committed to stopping the flow of illegal drugs into New Hampshire,” said U.S. Attorney Murray. “In order to protect the health and safety of our community, we will continue to work closely with New Hampshire State Police, DEA and all of our law enforcement partners to identify and prosecute those who are bringing dangerous drugs into the Granite State.”
“DEA is committed to bring to justice those that distribute cocaine,” said DEA Special Agent in Charge Brian D. Boyle. “Today’s sentence not only holds Mr. Almonte-Tejeda accountable for his crimes but serves as a warning that DEA and its local, state, and federal law enforcement partners will do everything in our power to keep this drug off the streets of New Hampshire.”
This investigation was conducted by the New Hampshire State Police and the Drug Enforcement Administration. Assistant United States Attorney Jennifer Cole Davis is prosecuting the case.
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Larose Man Sentenced for Violations of the Federal Gun Control ActRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that TODD DELAUNE, age 54, of New Orleans, was sentenced today to 12 months and 1 day imprisonment followed by 3 years of supervised release by U.S. District Judge Carl J. Barbier for violation of the Federal Gun Control Act.
DELAUNE pleaded guilty as charged to a 1-count indictment stemming from his February 2018 arrrest by detectives of the Lafourche Parish Sheriff’s Office’s for simple assault, telecommunications harassment and threatening a public official. Subsequent to his arrest, a search warrant was executed at DELAUNE’s residence and the following ammunition was discovered and seized: one box of Winchester 12 gauge shotgun shells (8 in box); two full boxes of Winchester 12 gauge shotgun shells (50 rounds), one full box of Federal 12 gauge shotgun shells (25); one hundred and eighty .22 caliber Remington bullets; one full box of Eley .22 caliber bullets (50 rounds); one Promag 50 round .22 caliber magazine; two Eagle 35 round .22 caliber magazines. A review of DELAUNE’s criminal history revealed that he pled guilty on August 7, 2013 to simple battery of his ex-wife (a misdemeanor crime of domestic violence), which prohibits him from possessing firearms and ammunition.
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 safe for everyone. Former Attorney General Jeff Sessions 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, then 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 was launched in 2001.
U.S. Attorney Strasser praised the work of the Bureau of Alcohol, Tobacco and Firearms and the Lafourche Parish Sheriff’s Office. Assistant United States Attorney Michael McMahon is in charge of the prosecution.
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Koreatown Consultant and Ex-California Dept. of Alcoholic Beverage Control Official Plead Guilty in Long-Running Bribery SchemeRead the Press Release
LOS ANGELES – A former official with the California Department of Alcoholic Beverage Control (ABC) and a Koreatown business consultant each pleaded guilty to federal criminal charges today in connection with a long-running scheme where the consultant paid tens of thousands of dollars in bribes to the ABC official in order to gain an unfair financial advantage for his consultancy company.
The two men who pleaded guilty before United States District Judge John A. Kronstadt were:
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Wilbur M. Salao, 46 of Bellflower, a 21-year ABC employee who was a district administrator in the Los Angeles Metro ABC office from 2010 until he left the agency in May 2017; and
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Scott Seo, also known as “Seung Hye Seo” and “Scott Hoon Seo,” 49 of San Pedro, who was employed by the ABC for 15 years before starting his consulting company, Alcoholic Beverage Control LLC (ABC LLC) in 2006.
Salao pleaded guilty to one count of conspiracy, and Seo pleaded guilty to one count of bribery.
According to court documents, Seo admitted paying Salao more than $28,000 in bribes and kickbacks from December 2011 through May 2016. As a long-time ABC official, Salao had the power to award businesses liquor licenses, direct investigations and punish bar owners in the Koreatown neighborhood of the city of Los Angeles.
In return for the bribes – which were usually paid in amounts ranging from $2,000 to $5,000 – Salao directed ABC enforcement operations and disciplinary actions against targeted businesses that Seo selected and expedited the liquor licensing process for Seo’s clients. For example, in December 2011, after the ABC raided a Koreatown establishment, Seo charged the business $60,000 in cash, some of which was used to pay Salao, who issued a temporary license that allowed the establishment to continue operating. Seo also admitted that, between 2014 and 2016, he sent Salao lists of businesses for the ABC to target and included suggested violations, such as operating after hours.
Salao also followed Seo’s direction by altering official documents and delaying the liquor licensing process for Seo’s competitors, according to court documents.
Salao also learned of impending enforcement actions in Koreatown by the ABC and the Los Angeles Police Department and provided information to Seo – including a photograph of an undercover LAPD officer. That information allowed Seo to warn his client, which was able to conceal its own separate illegal activity from police.
Salao’s assistance enriched Seo’s consultancy business by at least $60,000, according to Seo’s plea agreement.
Judge Kronstadt is scheduled to sentence Salao on March 28 and Seo on April 4.
At sentencing, Seo will face a statutory maximum sentence of 10 years in federal prison, and Salao will face a sentence of up to five years.
This case is part of an ongoing FBI investigation. Any member of the public who has knowledge about this case – or who would like to report similar allegations of corruption by public officials – is encourage to contact their local FBI Field Office. In Los Angeles, the FBI can be reached 24 hours a day at (310) 477-6565. Foreign language speakers can be made available.
This case is being prosecuted by Assistant United States Attorney Veronica Dragalin of the Public Corruption and Civil Rights Section.
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Judge sentences man to prison in firearms caseRead the Press Release
BILLINGS—A man who admitted to illegally possessing a firearm was sentenced to federal prison on Thursday, U.S. Attorney Kurt G. Alme said.
U.S. District Judge Susan P. Watters sentenced Charles Jestin McCalister, 34, to 50 months in prison and three years of supervised release.
McCalister pleaded guilty on July 30 to being a prohibited person in possession of a firearm.
An investigation began on April 30, when a Billings Police officer conducted a traffic stop for speeding and observed McCalister, the driver, appear to be putting something under his seat. The officer arrested McCalister on outstanding warrants. McCalister consented to a search of the vehicle and told the officer there was a firearm in it. The officer recovered a 9mm semi-automatic pistol.
McCalister, who has a record of felony and misdemeanor convictions for partner/family member assault and possession of dangerous drugs, was prohibited from possessing firearms.
Assistant U.S. Attorney Tom Godfrey prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together federal, state, local and tribal law enforcement agencies and the communities they serve to reduce violent crime and make neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals.
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Jackson Man Sentenced to 15 Years in Prison under Project EJECT for Being an Armed Career Criminal Possessing a FirearmRead the Press Release
Jackson, Miss – Loucious Collins, 37, of Jackson, was sentenced Tuesday, by U.S. District Judge David C. Bramlette III, to 15 years in prison followed by five years of supervised release for being an armed career criminal in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Christopher Freeze with the Federal Bureau of Investigation (FBI) in Mississippi. Collins was also required to forfeit the firearm.
On June 8, 2017, the FBI assisted the Mississippi Alcohol Beverage Control in executing a search warrant a V Live Club in Jackson. During the search of the business, Collins, an employee of the club, was questioned by a Mississippi Alcohol Beverage Control officer and admitted to being in possession of a firearm and to being a convicted felon. Because Collins has four previous felony convictions for house burglary, one previous conviction for business burglary, and one previous conviction for possession of a deadly weapon while an inmate at the Delta Correctional Facility, he is classified as an Armed Career Criminal under the Federal Sentencing Guidelines. On February 6, 2018, he was charged in a federal indictment with being a convicted felon in possession of a firearm in violation of 18 U.S.C. §922(g)(1). He pled guilty on August 28, 2018.
The Federal Bureau of Investigation and the Mississippi Alcohol Beverage Control investigated the case. It is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime in Jackson through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Jackson Expel Crime Together." PSN is 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. Former Attorney General Jeff Sessions 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.
Illegal Alien Convicted of Using Another Person’s Social Security Number and Fraudulent “Green Card” to Get a JobRead the Press Release
A Mexican man who used another person’s social security number and a fraudulent “green card” to get a job was convicted by a jury on November 28, 2018, after a one-day trial in federal court in Cedar Rapids.
Luis Gonzalez-Esparsa, age 45, a citizen of Mexico illegally present in the United States and residing in Cascade, Iowa, was convicted of one count of unlawful use of an identification document and one count of misuse of a social security number. The verdict was returned following about one hour of jury deliberations.
The evidence at trial showed that on June 14, 2018, Gonzalez-Esparsa used someone else’s social security number on employment and tax documents when applying for work in Peosta, Iowa. He also used a fraudulent permanent resident card, also known as a “green card,” to claim he was legally present and authorized to work in the United States. The Alien Registration number on the “green card” had been issued to another person, a female from Mexico.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Gonzalez-Esparsa was taken into custody by the United States Marshal after the verdict was returned and will remain in custody pending sentencing. Gonzalez-Esparsa faces a possible maximum sentence of fifteen years’ imprisonment, a $500,000 fine, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations. Court file information at https://ecf.iand.uscourts.gov/. The case file number is 18-CR-1035.
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Identity Documents Trafficker Arraigned on Identification Fraud and Conspiracy ChargesRead the Press Release
A seller of identity documents was arraigned today, after being extradited from El Salvador, on a superseding indictment charging one count of conspiracy to possess and transfer identity documents, one count of conspiracy to commit human smuggling for financial gain, and 40 counts of aggravated identity theft, in relation to a scheme to traffic the identities of Puerto Rican U.S. citizens and corresponding identity documents. Judge Bruce McGiverin ordered the defendant detained. The detention hearing and arraignment are scheduled for Dec. 11.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Rosa E. Rodríguez-Vélez of the District of Puerto Rico, Acting Director Ronald D. Vitiello of U.S. Immigration and Customs Enforcement (ICE) and Chief Postal Inspector Guy J. Cottrell of the U.S. Postal Inspection Service made the announcement.
Jose Armando Pavon Salazar (Pavon), 36, a citizen of Honduras, was arrested in El Salvador in January 2018 on an Interpol Red Notice and extradited to the United States on Nov. 28, to face identify fraud charges in the District of Puerto Rico. Pavon had been a fugitive since March 22, 2012, when a federal grand jury sitting in the District of Puerto Rico returned a 50-count superseding indictment charging Pavon and 52 other defendants with offenses involving a massive identity fraud scheme.
The superseding indictment alleges that between April 2009 and January 2012, Pavon and his co-conspirators operated an extensive black market identity fraud scheme. The superseding indictment alleges that conspirators located in the Savarona area of Caguas, Puerto Rico, (Savarona suppliers) obtained Puerto Rican identities and corresponding identity documents. Conspirators, such as Pavon, in various locations throughout the United States (identity brokers) solicited customers. The identity brokers allegedly sold social security cards and corresponding Puerto Rico birth certificates for prices ranging from $700 to $2,500 per set. The indictment alleges that identity brokers, including Pavon, ordered the identity documents from Savarona suppliers, on behalf of the customers, by making coded telephone calls, including using terms such as “shirts,” “uniforms” or “clothes,” to refer to identity documents. Specifically, the brokers asked for “skirts” for female customers and “pants” for male customers in various “sizes,” which referred to the ages of the identities sought by the customers.
According to the superseding indictment, the Savarona suppliers generally requested that customers’ initial payments be sent by the identity brokers through a money transfer service to persons whose names were provided by the Savarona suppliers. Savarona suppliers allegedly retrieved the payments from the money transfer service and then sent the identity documents to the brokers using express, priority or regular U.S. mail. The superseding indictment alleges that various conspirators sent or received money and mail parcels. The conspirators frequently confirmed sender names and addresses, money transfer control numbers and trafficked identities via text messaging.
According to the superseding indictment, once the identity brokers received the identity documents, they delivered the documents to the customers and obtained second payments. The brokers generally kept the second payments for themselves as profit. Some identity brokers allegedly assumed a Puerto Rican identity themselves, and used that identity in connection with the trafficking operation.
As alleged in the superseding indictment, the customers generally obtained the identity documents to assume the identity of Puerto Rican U.S. citizens and to obtain additional identification documents, such as legitimate state driver’s licenses. Some customers allegedly obtained the documents to commit financial fraud and attempted to obtain a U.S. passport.
To date, dozens of persons have been convicted in connection with the scheme.
Trial Attorney Frank Rangoussis of the Criminal Division’s Human Rights and Special Prosecutions Section is prosecuting the case. The U.S. Attorney’s Office of the District of Puerto Rico is providing assistance in this matter. The Criminal Division’s Office of International Affairs handled the extradition in this matter
The charges in the superseding indictment are merely allegations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Potential victims and the public may obtain information about the case at: www.justice.gov/criminal/vns/caseup/beltrerj.html. Anyone who believes their identity may have been compromised in relation to this investigation or who may have information about particular crimes in this case should call the ICE toll-free hotline at 1-866-DHS-2ICE (1-866-347-2423) or use its online tip form at www.ice.gov/tipline.
Anyone who believes that they have been a victim of identity theft, or wants information about preventing identity theft, may obtain helpful information and complaint forms on various government websites including the Federal Trade Commission ID Theft Website at www.ftc.gov/idtheft. Additional resources regarding identity theft can be found at www.ojp.usdoj.gov/ovc/pubs/ID_theft/idtheft.html, www.ssa.gov/pubs/10064.html and www.irs.gov/privacy/article/0,,id=186436,00.html.