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4 February 2019
Affiliates of notorious white supremacist street gang plead guilty to federal chargesRead the Press Release
SAVANNAH, GA: Sixteen of the defendants indicted on drug trafficking and firearms charges as part of Operation Vanilla Gorilla have pled guilty in federal court, including the lead defendant in the gang.
Operation Vanilla Gorilla targeted the notorious Ghost Face Gangsters, a violent criminal street gang largely operated from inside Georgia’s prison system. The multi-agency federal, state and local operation netted 46 indictments on federal charges, primarily for drug trafficking and illegal firearms possession, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. The indictments were handed down in November and December 2018 in U.S. District Court in Savannah.
Those who have entered guilty pleas in the case are:
David McCloskey, 47, of Augusta, Ga., the lead defendant in the case, pled guilty to Conspiracy to Possess with Intent to Distribute Methamphetamine; Conspiracy to Distribute 50 Grams or More of Methamphetamine; and to Drug User in Possession of a Firearm. He faces not less than 10 years to life in federal prison.
Daniel Fleming, 32, of Savannah, Ga., pled guilty to Felon in Possession of Firearm. He faces up to 10 years in prison. However, if he is deemed by the court to be an Armed Career Criminal, he could be sentenced to a minimum of 15 years up to life.
Christine Loggins, 43, of Rockledge, Ga., pled guilty to Conspiracy to Possess with Intent to Distribute Methamphetamine, and Conspiracy to Distribute Methamphetamine. She faces up to 20 years.
Devon Aines, 32, of Garden City, Ga., pled guilty to Conspiracy to Possess with Intent to Distribute Methamphetamine, and Conspiracy to Distribute Methamphetamine. He faces up to 20 years.
Miranda Burnsed, 32, of Pembroke, Ga., pled guilty to Conspiracy to Possess with Intent to Distribute Methamphetamine, and Conspiracy to Distribute Methamphetamine. She faces up to 20 years.
Avery Wiggins, 43, of Guyton, Ga., pled guilty to Conspiracy to Possess with Intent to Distribute a Quantity of Methamphetamine. She faces up to 20 years.
Maurice L. Graham, a/k/a “Moe,” 45, of Savannah, Ga., pled guilty to Conspiracy to Possess with Intent to Distribute a Quantity of Methamphetamine, Possession of Ammunition by a Convicted Felon, and Possession and Concealment of Counterfeit Obligations. He faces up to 20 years in prison. However, if he is deemed by the court to be an Armed Career Criminal, he could be sentenced to a minimum of 15 years up to life.
Jessie Hurt, 40, of Ellabell, Ga, pled guilty to Possession with Intent to Distribute a Quantity of Methamphetamine and Felon in Possession of a Firearm. He faces at least 5 years up to life.
Raymond Warren, 47, of Ellabell, Ga, pled guilty to Felon in Possession of a Firearm. He was sentenced to 24 months of imprisonment.
Ryan Smiley, 35, of Savannah, Ga, pled guilty to Felon in Possession of a Firearm. He was sentenced to 27 months.
Darren Driggers, 26, of Bloomingdale, Ga, pled guilty to Conspiracy to Possess with Intent to Distribute a Quantity of Methamphetamine, and Possession of a Firearm by a Convicted Felon. He faces up to 20 years in prison. However, if he is deemed by the court to be an Armed Career Criminal, he could be sentenced to a minimum of 15 years up to life.
Elizabeth Kitchens, 37, of Tybee Island, Ga, pled guilty to Conspiracy to Possess with Intent to Distribute a Quantity of Methamphetamine, and Felon in Possession of a Firearm. She faces up to 20 years in prison. However, if she is deemed by the court to be an Armed Career Criminal, she could be sentenced to a minimum of 15 years up to life.
Crystal Wilson, 36, of Bloomingdale, Ga, pled guilty to Conspiracy to Possess with Intent to Distribute a Quantity of Methamphetamine. She faces up to 20 years.
The proceedings of three additional defendants have been sealed by the court because of safety concerns.
The indictments allege that the narcotics-trafficking conspiracy began as early as 2015, operating in Bryan, Chatham, Effingham, Emmanuel, Evans, and Tattnall Counties, in the Southern District of Georgia, and elsewhere. Members of the conspiracy associated with the Ghost Face Gangsters and with other criminal street gangs to aid in the distribution of controlled substances, for protection, and to promote a climate of fear.
Operation Vanilla Gorilla represents one of the largest takedowns of Ghost Face Gangsters associates to date, and follows the March 2018 arrests of 23 gang members in the Northern District of Georgia on federal charges, and multiple arrests in October 2018 on state charges in Spalding County, Ga.
“These guilty pleas are a credit to the hard work of law enforcement agents and prosecutors in bringing charges against this violent street gang,” U.S. Attorney Bobby L. Christine. “The strong coordination of federal, state and local law enforcement will continue to identify, target and dismantle these gangs as we work together to make our communities safer.”
“ATF will continue to dedicate federal resources in conjunction with those crucial law enforcement contributions of local agencies to the pursuit of eradicating and forestalling criminal gang activity,” said Beau Kolodka, Assistant Special Agent in Charge of the Atlanta Field Division of the bureau of Alcohol, Tobacco, Firearms and Explosives.
Robert J. Murphy, the Special Agent in Charge of the DEA’s Atlanta Field Division said, “DEA, its law enforcement partners and the U.S. Attorney’s Office eradicated a violent and notoriously dangerous street gang who trafficked drugs. This gang wreaked havoc by distributing methamphetamine while leaving a destructive path of violence along the way. Today, we are proud to have shut down this once-thriving criminal network. I want to thank our federal, state and local law enforcement counterparts who aided in making these guilty pleas possible.”
Operation Vanilla Gorilla was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF), the centerpiece of the United States Attorney General’s drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking and money laundering organizations and related criminal enterprises. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Georgia Bureau of Investigation (GBI), the Drug Enforcement Administration (DEA), the Chatham County Narcotics Team (CNT), the Georgia Department of Corrections Intelligence Division, the Savannah Police Department, the Chatham County Sheriff’s Office, the Bryan County Sheriff’s Office, the Richmond Hill Police Department, the Pooler Police Department, the Effingham County Sheriff’s Office and the Bloomingdale Police Department, with assistance from the U.S. Marshals Service.
The case is being prosecuted by Assistant United States Attorneys E. Greg Gilluly Jr. and Frank Pennington.
05-19
2 illegal aliens plead guilty, 9 sentenced who were arrested in south LouisianaRead the Press Release
LAFAYETTE/LAKE CHARLES, La. – United States Attorney David C. Joseph announced that two illegal aliens pleaded guilty and nine were sentenced last week after being arrested in south Louisiana for various offenses.
Illegal alien from Mexico arrested in Lafayette Parish pleads guilty to possessing revolver, shotgun
LAFAYETTE, La. – Jose Daniel Molina, 36, of Veracruz, Mexico, pleaded guilty January 29, 2019 before U.S. Magistrate Judge Carol B. Whitehurst for one count of possessing of firearms by an illegal alien. The plea will become final when accepted by U.S. District Judge Donald E. Walter. According to the guilty plea, Lafayette Parish Sheriff’s deputies responded to a call on December 2, 2018 of shots being fired near a residence in Duson, Louisiana. Deputies found Molina’s vehicle parked at the intersection of Dwayne Road and Tunica Lane, and also found a Mossberg 20-gauge shotgun in plain view in the backseat of the car, and a Smith & Wesson .38 Special revolver with three live rounds and three empty casings on the ground about 10 feet from the driver’s side window of Molina’s car. Molina was later taken into custody and told Homeland Security agents that he illegally entered the country in 2000 and was in possession of the two firearms.
Molina faces up to 10 years in prison, three years of supervised release, a $250,000 fine, and possible deportation. The court set an April 24, 2019 sentencing date.
Homeland Security Investigations, ATF and the Lafayette Parish Sheriff’s Office investigated the case. Assistant U.S. Attorney David J. Ayo is prosecuting the case.
6 illegal aliens arrested in southwest Louisiana pleaded guilty, sentenced for re-entering the country illegally
LAKE CHARLES, La. – The following illegal aliens pleaded guilty and were sentenced January 31, 2019 for re-entering the United States after having been removed.
Gerardo Valencia-Alvarez, 24, of Mexico. According to the guilty plea, the Calcasieu Parish Sheriff’s Office stopped a vehicle Valencia-Alvarez was traveling in on October 8, 2018. After further investigation, law enforcement agents found that he was an illegal alien from Mexico and had been removed from the country previously in 2013. United States Border Patrol and Calcasieu Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney David J. Ayo prosecuted the cases.
Josue David Diaz-Ramos, 23, of Honduras. According to the guilty plea, the Sulphur Police Department contacted the U.S. Border Patrol for assistance in handling illegal aliens found during a traffic stop. Border Patrol agents found that Diaz-Ramos has been removed from the country in 2014 and was not allowed to re-enter the country. United States Border Patrol and Sulphur Police Department conducted the investigation. Assistant U.S. Attorney David J. Ayo prosecuted the cases.
Alberto Herndandez-Villeda, 48, of Mexico. According to the guilty plea, Cameron Parish Sheriff’s deputies found Hernandez-Villeda with another illegal alien on November 8, 2018 while investigating a complaint about someone trespassing on private property. Border Patrol agents discovered that the defendant had been previously removed from the United States on July 14, 2017 and was not allowed in the country. United States Border Patrol and Cameron Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney David J. Ayo prosecuted the cases.
Pedro Santiago-Gomez, 23, of Honduras. According to the guilty plea, Santiago-Gomez was traveling in a vehicle that was stopped by Louisiana State Police for hit and run. State Police contacted Border Patrol, and they determined that Santiago had been previously removed from the country in 2013. United States Border Patrol and the Louisiana State Police conducted the investigation. Assistant U.S. Attorney David J. Ayo prosecuted the cases.
Hector Ramiro Iglesias-Pineda, 33, of Honduras, pleaded guilty before U.S. District Judge S. Maurice Hicks Jr. on one count of illegal re-entry of a removed alien. According to the guilty plea, Iglesias-Pineda was found in Jefferson Davis Parish on October 28, 2018. He was an illegal alien who has been removed from the United States previously on December 6, 2010. Homeland Security Investigations and the Jennings Police Department investigated the case. Assistant U.S. Attorney T. Forrest Phillips prosecuted the case.
Saul Gallindo-Martinez, 33, of Puebla, Mexico, pleaded guilty before U.S. District Judge S. Maurice Hicks Jr. on one count of illegal re-entry of a removed alien. According to the guilty plea, Gallindo-Martinez was found on September 12, 2018 in Beauregard Parish. The defendant had been previously deported on December 10, 2012 after pleading guilty in the 14th Judicial District Court in Calcasieu Parish to driving while intoxicated, first offense. Homeland Security Investigations and the Beauregard Parish Sheriff’s Office investigated the case. Assistant U.S. Attorney T. Forrest Phillips prosecuted the case.
The defendants were also sentenced to a term of imprisonment spanning the time of incarceration to sentencing. They were then remanded to the custody of U.S. Immigrations and Customs Enforcement for deportation proceedings.
Mexican national sentenced to 27 months in prison for transporting 9 illegal aliens in Calcasieu Parish
LAKE CHARLES, La. – Felix Manuel Juarez-Peralta, 28, of Durango, Mexico, was sentenced January 31, 2019 by U.S. District Judge S. Maurice Hicks Jr. on one count of illegal alien transportation. According to the October 12, 2018 guilty plea, law enforcement officers conducted a traffic stop on a vehicle June 7, 2018 traveling west on Interstate 10 in Sulphur, Louisiana. Officers found Juarez-Peralta and nine illegal aliens in a Toyota 4Runner. One of the passengers was an unaccompanied minor. After questioning the defendant, Juarez-Peralta admitted that he knew the passengers were illegal aliens and that he had been paid to transport them.
Homeland Security Investigations, U.S. Border Patrol and Calcasieu Combined Anti-Drug Team conducted the investigation. Assistant U.S. Attorney David J. Ayo prosecuted the case.
Illegal alien from Mexico arrested in Calcasieu Parish pleads guilty re-entering U.S. for 7th time
LAKE CHARLES, La. – Michael Murillo-Vasquez, 39, of Mexico, pleaded guilty February 1, 2019 before U.S. Magistrate Judge Kathleen Kay on one count of illegal re-entry of a removed alien. According to the guilty plea, Calcasieu Parish Sheriff’s deputies stopped the vehicle Murillo-Vasquez was driving on September 27, 2018 at the intersection of Lake Shore Drive and Interstate 10. Upon further investigation, Border Patrol agents found that Murillo-Vasquez had been removed from the country six times in November 2006, July 2007, November 2011, May 2012, February 2013 and October 2014.
Murillo-Vasquez faces up to two years in prison, one year of supervised release, a $250,000 fine, and possible deportation. The court set sentencing for May 9, 2019. United States Border Patrol and the Calcasieu Parish Sheriff’s Office investigated the case. Assistant U.S. Attorney David J. Ayo is prosecuting the case.
2 February 2019
Readout of Acting Attorney General Matthew Whitaker's Trip to Bogotá, ColombiaRead the Press Release
From January 30 to February 1, 2019 in Bogotá, Colombia, Acting Attorney General Matthew Whitaker, along with Justice Department staff and U.S. Ambassador Kevin Whitaker, met with President Iván Duque Márquez, Colombian Attorney General Néstor Humberto Martínez Neira, Cabinet members, the Congressional Secretary General, and Colombian police officials to reaffirm the long-standing law enforcement relationship between the United States and Colombia and to strengthen judicial cooperation and goals for addressing transnational crime and supporting the return of democracy in Venezuela.
In separate meetings, Acting Attorney General Whitaker met with U.S. Department of Justice components stationed at the U.S. Embassy, to include the FBI, U.S. Drug Enforcement Administration (DEA) and the Criminal Division’s Office of Overseas Prosecutorial Development, Assistance and Training (OPDAT) and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. They provided briefings on the U.S. government’s law enforcement partnership with Colombia in dismantling and disrupting transnational criminal organizations including combatting Clan del Golfo, which was designated by the Department of Justice on Oct. 19, 2018 as one of the top transnational organized crime threats.
On February 1, Acting Attorney General Whitaker visited the General Santander National Police Academy and gave brief remarks at a wreath laying ceremony in honor of the brave young men and women who lost their lives or were wounded in the line of duty during the Jan. 17 suicide car bomb attack at the officer cadet school by the narco-terrorist group ELN. To approximately 100 Colombian National police officers, AG Whitaker said he was directing all U.S. Department of Justice components stationed at the U.S. Embassy, to include DEA, FBI, the U.S. Marshal’s Service and our DOJ Attaches, to make cases against ELN a top priority for the U.S. Department of Justice.
Acting AG Whitaker pledged that the Department of Justice, together with the Colombian National Police and Attorney General’s Office, "will pursue these cases with the same investigative skill and prosecutorial resources, with which we’ve successfully pursued the Clan del Golfo.”
Acting AG Whitaker was also provided a Congressional briefing at the Colombian Congress.
During the visit, American and Colombian officials discussed their shared mission of combatting narco-trafficking and narco-terrorism as well as illicit finances, foreign corruption, human trafficking, child sexual exploitation and arms trafficking. Both sides look forward to continuing to work together to achieve their shared objectives, as well as continued progress on these issues.
Pill Mill Physician Convicted of Conspiracy to Distribute NarcoticsRead the Press Release
A federal jury on Friday returned a guilty verdict against a so-called “pill mill” physician who oversaw the illegal prescription of nearly a million units of narcotics with no legitimate medical purpose, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Carlos Luis Venegas was convicted of conspiracy to distribute a controlled substance before U.S. District Judge David C. Godbey in Dallas yesterday afternoon.
“These pill mills help to perpetuate the tragic opioid crisis gripping our country,” said U.S. Attorney Nealy Cox. “Last year, America lost, on average, 116 people per day to opioid overdoses. We cannot allow unscrupulous conduct by physicians to add to the supply of dangerous drugs on the streets.” (For additional facts and figures on the opioid epidemic, see the DEA's 2018 National Drug Threat Assessment.)
According to evidence presented at trial, Mr. Venegas acted as the supervising physician for a series of sham medical clinics – all merely fronts for the illegal distribution of hydrocodone and alprazolam.
Members of the conspiracy, witnesses testified, paid homeless and indigent people to pose as patients seeking pain medication. Runners coached these men and women on how to describe their (nonexistent) symptoms, drove them to the clinics, and paid for their appointments.
At the clinics, nurse practitioners, working under Mr. Venegas’ supervision, conducted only cursory medical exams, witnesses said. Medical files seize from the clinics showed that most exams were conducted without any medical testing and rarely produced documentation of patients’ purported ailments.
At the conclusion of the visit, patients were almost always prescribed a cocktail of medications, including Hydrocodone and Xanax, generally for the highest dosages available.
Mr. Venegas now faces up to 20 years in federal prison. Sentencing has not yet been set.
Several of his codefendants, including several nurse practitioners and clinic managers, previously pleaded guilty to their roles in the scheme.
The Drug Enforcement Administration conducted the investigation. Assistant U.S. Attorneys Myria Boehm, Renee Hunter, and Nicholas Bunch prosecuted the case.
1 February 2019
Youth Care Worker Sentenced to 19 Years in Prison for Sexually Abusing Unaccompanied Minors in Southwest Key FacilityRead the Press Release
PHOENIX – On Jan. 14, 2019, Levian D. Pacheco, 25, of Phoenix, Ariz, was sentenced by U.S. District Judge Steven P. Logan to 19 years’ imprisonment, followed by lifetime supervised release. Pacheco was previously convicted by a federal jury of seven counts of abusive sexual contact with a ward and three counts of sexual abuse of a ward. The statutory maximum sentence for sexual abuse of a ward is 15 years in prison and the statutory maximum for abusive sexual contact with a ward is 2 years in prison. U.S. District Court Judge Logan ordered several of Pacheco’s counts to run consecutively.
The evidence at trial showed that between August 2016 and July 2017, Pacheco sexually abused numerous teenage boys at the Casa Kokopelli Southwest Key Facility in Mesa, Ariz. The minors were being held in official detention in these facilities pending possible deportation. Pacheco was employed as a youth care worker at the facility and was in charge of supervising the minors. The jury convicted Pacheco of sexually abusing seven victims, some on more than one occasion. The acts involved over the clothes touching of the boys’ genitalia, as well as other sexual abuse. Pacheco’s sentence was increased due to the fact that he exposed some of his victims to the HIV virus.
The investigation in this case was conducted by the Department of Health and Human Services, Office of Inspector General, as well as the Mesa Police Department. The prosecution was handled by Dimitra H. Sampson and Tracy Van Buskirk, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-17-1152-PHX-SPL
RELEASE NUMBER: 2019-002_Pacheco
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Wilson Man Sentenced for Drug Possession After Federal Jury ConvictionRead the Press Release
NEW BERN – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, United States District Judge Louise W. Flanagan sentenced BONDURANT AKEEM RUFFIN, 34, of Wilson, NC, to 69 months imprisonment, followed by 4 years supervised release. On August 15, 2018, following a three day jury trial before United States District Judge Louise W. Flanagan, a jury found RUFFIN guilty of possession with the intent to distribute 500 grams or more of cocaine and 28 grams or more of cocaine base (crack).
According to the investigation, on November 24, 2016, the Wilson Police Department began investigating a vehicle break-in. They utilized a canine to conduct a tracking of the vehicle break-in suspect and encountered RUFFIN near a handicap ramp at a home. Close to RUFFIN, underneath the handicap ramp, was a bag that was later determined to contain 879 grams of powder cocaine and 74 grams of cocaine base (crack). This bag also contained a digital scale, a spoon and packaging materials. At the time of his arrest, RUFFIN possessed over $2,000 in U.S. currency.
Investigation of this case was conducted by the Wilson Police Department. Assistant United States Attorney Dena King prosecuted the case for the government.
Vallejo Couple Convicted of $2 Million Tax Fraud and Money LaunderingRead the Press Release
SACRAMENTO, Calif. — A federal jury convicted Vallejo couple Marty Marciano Boone, 57, and Ronda Boone, 56, on Thursday for conspiring to launder $2 million that they received after filing fraudulent tax returns, U.S. Attorney McGregor W. Scott announced.
Marty Boone was found guilty of one count of filing a false tax return, one count of conspiring to commit money laundering, and two counts of money laundering. Ronda Boone was found guilty of one count of conspiring to commit money laundering and two counts of money laundering.
According to court documents and evidence presented at trial, the couple filed separate 2008 tax returns, each of which fraudulently claimed millions of dollars in refunds. The IRS flagged Ronda Boone’s tax return, did not pay her, and fined her $5,000. However, Marty Boone received a fraudulent tax refund of more than $1.9 million. Evidence showed that the Boones received this check in August 2009, deposited it in a new checking account, and then quickly drained the account. They moved the funds through a series of other accounts in New York, California, Washington, and the nation of Cyprus. The Boones funneled more than $200,000 of this money to a “church” they had set up in Washington state. Evidence at trial established that this money was spent at a Harley Davidson motorcycle shop, in nail salons, and on other seeming everyday expenses, such as groceries and gas. The Boones laundered another $100,000 of their fraud money through a shell company they established in Cyprus.
This case is the product of an investigation by the IRS Criminal Investigation. Assistant U.S. Attorneys Matthew M. Yelovich and Amanda Beck are prosecuting the case.
Both defendants are scheduled to be sentenced on May 9, 2019. They face a maximum statutory penalty of 10 years in prison and a fine equal to $250,000, or twice the amount of the criminally derived property, whichever is greater. The actual sentence, however, will 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.
U.S. Attorney’s Office in Chicago Announces Federal Carjacking Charges Against Five IndividualsRead the Press Release
CHICAGO — The U.S. Attorney’s Office in Chicago today announced federal criminal charges against five individuals in connection with violent carjackings in the city or suburbs.
U.S. v. McKenzie, 19 CR 019
BRIAN MCKENZIE, 23, of Chicago, is charged with two counts of carjacking for allegedly taking two vehicles at gunpoint on Oct. 18, 2018. McKenzie used a handgun to take a Dodge Charger from a driver in the parking lot of a restaurant in Orland Park, and later crashed the vehicle into a worker at a construction site in Oak Forest, according to a criminal complaint filed in U.S. District Court in Chicago. McKenzie allegedly fled on foot and used a handgun to carjack a passing Mazda 3 sedan. He then put the Mazda in reverse and drove over the leg of a law enforcement officer who was pursuing him, the complaint states.
U.S. Magistrate Judge Maria Valdez on Tuesday ordered McKenzie held in federal custody. A detention hearing is set for Feb. 4, 2019, at 11:00 a.m., before U.S. Magistrate Judge M. David Weisman. The case was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives, the Orland Park Police Department, and the Oak Forest Police Department. The government is represented by Assistant U.S. Attorney Kavitha Babu.
U.S. v. Carter, et al, 19 CR 055
In an unrelated case, three defendants have been indicted on a federal carjacking charge for allegedly violently taking a Land Rover from a driver in the Wicker Park neighborhood of Chicago on July 20, 2018. Charged are TYRAN CARTER, 26, DWAYNE LIBERTY, 21, and TERRONDE GORDON, 20, all of Chicago. The indictment also charges Carter individually with carjacking a Toyota Prius in the city’s Hyde Park neighborhood earlier the same day.
Arraignment for the trio is set for Feb. 5, 2019, at 11:00 a.m., in federal court in Chicago. The case was investigated by the Vehicular Hijacking Task Force, a joint federal and state initiative consisting of officers, agents and prosecutors from the U.S. Attorney’s Office, Chicago Police Department, ATF, Federal Bureau of Investigation, Cook County State’s Attorney’s Office, Illinois State Police, and suburban police departments. The government is represented by Assistant U.S. Attorney Timothy Storino.
U.S. v. Dukes, 19 CR 048
In another recent case, KASHIF DUKES, 24, of Chicago, was indicted on a federal carjacking charge for allegedly taking a Mercedes-Benz sedan in Chicago’s Bronzeville neighborhood on Sept. 10, 2017. Dukes displayed a firearm and threatened the driver before taking the car, according to the government’s memorandum in support of detention.
U.S. Magistrate Judge M. David Weisman on Tuesday ordered Dukes detained in federal custody pending trial. The case was investigated by the ATF Chicago Crime Gun Strike Force, in conjunction with the Chicago Police Department. The government is represented by Assistant U.S. Attorneys Katie Durick and John D. Mitchell.
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The charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Timothy Jones, Special Agent-in-Charge of the Chicago Field Division of the ATF; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the FBI; and Eddie Johnson, Superintendent of the Chicago Police Department.
The public is reminded that charges are not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Carjacking is punishable by up to 15 years in prison. If convicted, the Court must impose reasonable sentences under federal statutes and the advisory U.S. Sentencing Guidelines.
Two-Time Felon Found with Shotgun on the San Carlos Apache Community Sentenced to 15 MonthsRead the Press Release
PHOENIX – On Jan. 23, 2019, Sonny James Garcia, 35, of the San Carlos Apache Indian Community, was sentenced by U.S. District Judge Diane J. Humetewa to 15 months’ imprisonment, followed by three years of supervised release. Garcia had previously pleaded guilty to felon in possession of a firearm.
On Feb. 15, 2015, San Carlos Police Officers found Garcia in possession of a sawed-off shotgun near his home on the San Carlos Apache Indian Community. Garcia was not legally permitted to possess firearms due to two previous felony convictions in the Superior Court of Arizona, Gila County.
The investigation in this case was conducted by the San Carlos Police Department, the Bureau of Indian Affairs and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution was handled by Assistant U.S. Attorney Thomas Simon, District of Arizona, Phoenix.
CASE NUMBER: CR-18-816-PHX-DJH
RELEASE NUMBER: 2019-003_ Garcia
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Tulsa Man Admits to Creating Sexually Violent Images of Children Using Photographs Downloaded from FacebookRead the Press Release
A 35-year-old Tulsa man entered a guilty plea today in U.S. District Court for digitally producing images depicting the sexual abuse of children and distributing almost 500 other graphic image and video files of the sexual abuse of children, announced U.S. Attorney Trent Shores.
At the plea hearing, Jerry Matthew Berry admitted to producing obscene visual representations of the sexual abuse of children and distributing child pornography in 2017 and 2018. Cyber Crimes detectives from the Tulsa Police Department and agents from Homeland Security Investigations discovered Berry’s illicit activities during a peer-to-peer file sharing undercover investigation. After executing a search warrant on Berry’s apartment, investigators also discovered hundreds of additional images and videos of child pornography on his phone. Berry, a former private school teacher in Oklahoma City, admitted to distributing child pornography on file sharing programs. He also admitted to downloading pictures of children from Facebook and digitally altering the photographs to depict himself sexually assaulting and physically harming the children.
“Tulsa Police Department Cyber Crimes detectives and Homeland Security special agents are resilient and committed to the fight to defend our children from online perpetrators. Their dedicated efforts enable the U.S. Attorney’s Office to bring child sex offenders to justice,” said U.S. Attorney Shores. “These days, parents must be ever vigilant because predators like Mr. Berry are lurking about on the internet. The facts of this case are a stark reminder that parents should check their privacy settings on social media and be aware when posting photos of their children.”
U.S. District Judge Claire V. Eagan accepted Berry’s guilty plea and set sentencing for May 7, at 10 a.m. At that time, Berry faces a mandatory minimum sentence of 5 years and up to 20 years in federal prison, at least five years and up to life of supervised release, and a $250,000 fine for each count. He remains in custody.
The Tulsa Police Department’s Cyber Crimes Unit and Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Christopher J. Nassar prosecuted the case.
This case is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.
For more information about Project Safe Childhood, please visit www.justice.gov/psc. Internet safety education can be found on the tab labeled "resources” on the left column of the page.
Three U.S. Attorneys in Alabama Recognize the Service and Sacrifice of Law EnforcementRead the Press Release
Tuscaloosa, Alabama - U.S. Attorneys Jay E. Town, Louis V. Franklin, Sr., and Richard W. Moore, take time to stop, remember, and recognize all federal, state and local law enforcement officers and pay tribute to their service and sacrifice. Law enforcement has the difficult and dangerous task of making our communities safer, while placing their own lives and well-being at risk.
Sadly, each year many officers make the ultimate sacrifice and give their lives in performance of their duties. In the State of Alabama, three officers have been shot and killed over the past year, with two of those deaths taking place just last month. Mobile Police Officer Sean Paul Tuder, was shot and killed on January 20, 2019 while attempting to serve an arrest warrant. Just a week before, on January 13, 2019, Sergeant Wytasha Carter of the Birmingham Police, was also shot and killed attempting to make an arrest. Last year, Mobile Police Department Officer Justin Billa was killed while assisting in the apprehension of a murderer.
We know that law enforcement is the foundation of a safe community. They work diligently each day to maintain order while risking everything for the greater good. Far too many are killed each year for simply doing their jobs. We must also never forget that it is not only the officers that deserve our respect and support, but their families as well. Officers always have our backs and we should always have theirs, including their loved ones.
“Those willing to commit malicious acts of violence against members of law enforcement would not give a second thought to leveling that same violence against the rest of us,” U.S. Attorney Town said. “An attack on the men and women who wear the badge is an attack on the very foundations of our community and the sanctity of our cities. We should never forget that the line of duty is endowed by sacrifice, selflessness, and courage and we should all take care to honor those whose end of watch came much too soon.”
“A law enforcement officer begins each day uncertain as to whether he or she will be asked to make the ultimate sacrifice to protect his or her community,” stated U.S. Attorney Franklin. “Too often, these daily acts of bravery go unnoticed. It should not take the tragic deaths of our officers for all of us to recognize the selfless sacrifices of law enforcement that take place each and every day.”
“An assault on a police officer is an assault on the rule of law and our democratic principles,” said U.S. Attorney Moore. “The citizens of Alabama have an interest in helping us to get the word out that you do not shoot a police officer. That needs to start at home and in our schools. This has become a national problem that all of us need to address together. The three U.S. Attorneys are committed to doing our part to ‘back the blue.’”
Three U.S. Attorneys in Alabama Recognize the Service and Sacrifice of Law EnforcementRead the Press Release
Tuscaloosa, Alabama- U.S. Attorneys Jay E. Town, Louis V. Franklin, Sr., and Richard W. Moore, take time to stop, remember, and recognize all federal, state and local law enforcement officers and pay tribute to their service and sacrifice. Law enforcement has the difficult and dangerous task of making our communities safer, while placing their own lives and well-being at risk.
Sadly, each year many officers make the ultimate sacrifice and give their lives in performance of their duties. In the State of Alabama, three officers have been shot and killed over the past year, with two of those deaths taking place just last month. Mobile Police Officer Sean Paul Tuder, was shot and killed on January 20, 2019 while attempting to serve an arrest warrant. Just a week before, on January 13, 2019, Sergeant Wytasha Carter of the Birmingham Police, was also shot and killed attempting to make an arrest. Last year, Mobile Police Department Officer Justin Billa was killed while assisting in the apprehension of a murderer.
We know that law enforcement is the foundation of a safe community. They work diligently each day to maintain order while risking everything for the greater good. Far too many are killed each year for simply doing their jobs. We must also never forget that it is not only the officers that deserve our respect and support, but their families as well. Officers always have our backs and we should always have theirs, including their loved ones.
“Those willing to commit malicious acts of violence against members of law enforcement would not give a second thought to leveling that same violence against the rest of us,” U.S. Attorney Town said. “An attack on the men and women who wear the badge is an attack on the very foundations of our community and the sanctity of our cities. We should never forget that the line of duty is endowed by sacrifice, selflessness, and courage and we should all take care to honor those whose end of watch came much too soon.”
“A law enforcement officer begins each day uncertain as to whether he or she will be asked to make the ultimate sacrifice to protect his or her community,” stated U.S. Attorney Franklin. “Too often, these daily acts of bravery go unnoticed. It should not take the tragic deaths of our officers for all of us to recognize the selfless sacrifices of law enforcement that take place each and every day.”
“An assault on a police officer is an assault on the rule of law and our democratic principles,” said U.S. Attorney Moore. “The citizens of Alabama have an interest in helping us to get the word out that you do not shoot a police officer. That needs to start at home and in our schools. This has become a national problem that all of us need to address together. The three U.S. Attorneys are committed to doing our part to ‘back the blue.’”
Three More Texas Men Plead Guilty to Stealing 654 Firearms from UPS Trailers in SpringfieldRead the Press Release
SPRINGFIELD, Mo. – Three more Texas men have recently pleaded guilty in federal court to stealing 654 firearms from United Parcel Service trailers in Springfield, Mo., en route to Bass Pro Shops.
Raynord Hunt, 36, of Dallas, Texas, pleaded guilty today before U.S. Magistrate Judge David P. Rush to the charges contained in a Feb. 21, 2018, federal indictment. Co-defendants Eric White, 27, of Arlington, Texas, and Derrick White, 33, of Dallas, pleaded guilty to the same charges in January.
Frank McChriston, 34, and Keith Lowe, 29, both of Dallas, and Quinton Haywood, 27, of Glenn Heights, Texas, also have pleaded guilty to the same charges.
By pleading guilty, all six defendants admitted they aided and abetted each other to steal cargo that was being shipped across state lines, from Beretta USA in Maryland to the state of Missouri. They also pleaded guilty to aiding and abetting each other to possess stolen firearms.
According to court documents, the defendants stole 600 Beretta .380-caliber handguns and 54 Beretta 12-gauge shotguns from United Parcel Service (UPS) trailers in Springfield in October 2017.
The firearms were in the process of being shipped from Beretta Firearms in Maryland to Bass Pro Shops in Springfield. The trailers in which the firearms were shipped had been parked in the UPS freight lot in a configuration to prevent access to the trailer doors, by being parked back-to-back, with the roll-up doors facing each other. The trailers were then blocked by longer trailers, which should have acted as a preventative measure from someone backing a truck-tractor to the trailer and pulling it forward.
Sometime between noon on Oct. 28, 2017, and 8:30 a.m. on Oct. 29, 2017, thieves hot-wired two truck-tractors and used them to push and pull various trailers around the lot, allowing the thieves access to the trailer doors. UPS employees discovered the theft on Oct. 29, 2017, and notified law enforcement.
Under federal statutes, each of the defendants is subject to a sentence of up to 20 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the Springfield, Mo., Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Dallas, Texas, Police Department and the Texas Department of Public Safety.
Three More Sentenced for Conspiracy to Lure Robbery Victims with Online AdsRead the Press Release
KANSAS CITY, Mo. – Two Kansas City, Mo., brothers and a Sugar Creek, Mo., woman have been sentenced in federal court for their roles in a conspiracy to commit a series of armed robberies by luring their victims with online advertisements and ambushing them.
Dylan J. Houston, 22, his brother, Andrew J. Houston, 29, and Nicole Waguespack, also known as Nicole Covey, 36, were sentenced in separate appearances before U.S. District Judge Greg Kays on Thursday, Jan. 31, 2019.
Dylan Houston was sentenced to 12 years in federal prison without parole. Andrew Houston was sentenced to seven years and eight months in federal prison without parole. Waguespack was sentenced to four years and nine months in federal prison without parole. They are among 10 defendants who have been sentenced in this case. Two defendants have pleaded guilty and await sentencing.
Co-conspirators posted ads on several websites in order to entice customers to meet in person at area hotels, residences and apartments in Kansas City, Mo. When the customers arrived, co-conspirators were lying in wait, armed with firearms and weapons that appeared to be firearms. They ambushed and robbed the customers at gunpoint. They often committed more than one robbery in a night.
According to court documents, the proceeds of the robberies was divided up and usually used to pay for narcotics or to pay for a room where the co-conspirators could use narcotics. When confronting the victim, the co-conspirators used verbal threats, pointed real and fake guns at them, physically hit them, and intimidated them. Records obtained from social media services and hotels corroborate statements by participants that only a small percentage of the victims called the police to report their robbery.
Dylan Houston pleaded guilty on July 12, 2018, to his role in the armed robbery conspiracy as well as to three counts of armed robbery. According to court documents, Dylan Houston was one of the enforcers in this violent robbery scheme. Once a victim was led into a room, he surprised the victim and used firearms and threats of physical violence to intimidate him and take electronics and cash. Dylan Houston admitted that he participated in three armed robberies, including one robbery in which the victim, after being forced into his truck at gunpoint, later jumped out of the moving vehicle while driving at highway speeds, in fear for his life. In another robbery, Dylan Houston stole a firearm from a victim that was later used in subsequent robberies.
Andrew Houston pleaded guilty on July 11, 2018, to his role in the armed robbery conspiracy, as well as to three counts of armed robbery. Andrew Houston served as a look-out for multiple robberies, notifying co-defendants about the arrival of victims and watching for law enforcement response. He also shared in the proceeds from the robberies.
Waguespack pleaded guilty on May 3, 2017, to her role in the armed robbery conspiracy as well as to five counts of armed robbery. Waguespack created dozens of online ads designed to lure men to robberies. When victims arrived, she met the victims at the door. As part of the plan, she then excused herself to the restroom while the other co-conspirators surprised and robbed the victims with threats of violence and firearms.
This case is being prosecuted by Assistant U.S. Attorney Matthew P. Wolesky. It was investigated by the FBI, and the Independence, Mo., Police Department, with assistance from the Kansas City, Mo., Police Department, the North Kansas City, Mo., Police Department and the Blue Springs, Mo., Police Department.
Three MS-13 Members Plead Guilty to Kidnapping Conspiracy, Resulting in Murder of VictimRead the Press Release
Greenbelt, Maryland – Reynaldo Alexis Granados-Vasquez, age 23, of Gaithersburg, Maryland, pleaded guilty today to conspiracy to kidnap a victim. This guilty plea follows the guilty plea earlier this week of co-defendant, Neris Moreno-Martinez, age 22, of West New York, New Jersey, and the guilty plea last week of co-defendant Jose Israel Melendez-Rivera, age 21, of Germantown, Maryland, for their roles in the same conspiracy. According to court papers, the defendants kidnapped and murdered the victim, whom they believed to be a member of a rival gang. All three defendants were citizens of El Salvador and unlawfully present in the United States.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Chief J. Thomas Manger of the Montgomery County Police Department; Chief Mark P. Sroka of the Gaithersburg Police Department; and the Guttenberg Police Department, New Jersey.
“The convictions of these three defendants, and our ongoing work with our law enforcement partners to bring other gang members to justice, demonstrate our unflagging commitment to eliminate MS-13 and its campaign of wanton violence,” said United States Attorney Hur.
According to court papers, including the three plea agreements in this case, all three defendants were in the L.A. clique of MS-13. Moreno-Martinez lived in New Jersey and was a paro. Melendez-Rivera, a/k/a “Liar,” lived in Maryland and was an observation. Reynaldo Alexis Granados-Vasquez, a/k/a “Fuego,” also lived in Maryland and was a paro.
In the summer of 2016, Moreno-Martinez told Melendez-Rivera about the victim, Jordy Mejia (identified as Victim A in the Superseding Indictment), whom Moreno-Martinez alleged was a member of the rival 18th Street Gang. (There is no evidence suggesting that Mejia in fact was a member of any gang.) Moreno-Martinez and Melendez-Rivera sought and received approval from certain MS-13 homeboys to murder Mejia.
As part of the conspiracy, on or before October 1, 2016, Moreno-Martinez created a Facebook account in the name of “Shaila Smith.” Between on or about October 2, 2016, and October 15, 2016, Moreno-Martinez, using Facebook, posed as “Shaila Smith,” which included using the assistance of his minor girlfriend, and expressed to Mejia that “Shaila Smith” was romantically interested in Mejia. Moreno-Martinez undertook these actions with the knowledge and willful participation of Melendez-Rivera and Granados-Vasquez, with each having the knowledge that the end goal was to trick Mejia into coming to Maryland so that the three co-defendants could murder Mejia.
As further part of the conspiracy, Moreno-Martinez persuaded Mejia to travel from New Jersey to Maryland to meet in person; instructed Mejia regarding when to travel to Maryland and what interstate transportation service to use; and provided Mejia with the address of Melendez-Rivera on Pine Ridge Lane in Germantown, Maryland, as the location where Mejia should travel to meet “Shaila Smith.”
On the morning of October 15, 2016, Moreno-Martinez traveled from New Jersey to Melendez-Rivera’s basement apartment in Maryland. Later that same day, at the urging of Moreno-Martinez (acting as “Shaila Smith”), Mejia also traveled from New Jersey to Maryland. Once in Maryland, Mejia was instructed by Moreno-Martinez (acting as “Shaila Smith”) to go to a particular address on Pine Ridge Lane in Germantown, Maryland, which was Melendez-Rivera’s address.
Once Mejia arrived in Maryland, Melendez-Rivera drove Moreno-Martinez and Granados-Vasquez to a residence near a wooded area off Game Preserve Road, where the two were to lay in wait for Mejia. Melendez-Rivera then drove back toward his apartment, picked up Mejia, and returned to the vicinity of the residence off Game Preserve Road. When Mejia arrived, Granados-Vasquez and Moreno-Martinez chased Mejia. Granados-Vasquez first caught up to Mejia, kicking him into a small stream. Melendez-Rivera and Moreno-Martinez then held Mejia’s head underwater, drowning Mejia.
After murdering Mejia, Melendez-Rivera, Moreno-Martinez, and Granados-Vasquez carried Mejia’s body into the woods nearby, dug a shallow grave, and then each took turns stabbing Mejia’s dead body with two machetes they had brought.
La Mara Salvatrucha, a/k/a the MS-13 gang (“MS-13”), is a gang composed primarily of immigrants or descendants of immigrants from El Salvador, with members operating in the State of Maryland, including Montgomery County and Prince George’s County, and throughout the United States. MS-13 is a national and international criminal organization and is one of the largest street gangs in the United States. Gang members actively recruit members, including juveniles, from communities with a large number of Salvadorian immigrants.
MS-13 members are required to commit acts of violence both to maintain membership and discipline within the gang and against rival gangs. Participation in criminal activity by a member, particularly violent acts directed at rival gangs or as directed by the gang leadership, increased the respect accorded to that member, resulted in that member maintaining or increasing his position in the gang, and opened the door to a promotion to a leadership position. One of the principal rules of MS-13 was that its members must attack and kill rivals whenever possible. Rivals are often referred to as “chavalas.” One of the main rivals of MS-13 was the 18th Street Gang.
Prospective members who sought to join MS‑13 were required to complete an initiation process. Individuals who associated with and were friends of the gang were called “paisas.” Individuals who did favors and other acts for the gang were called “paros.” Persons being observed by the gang for potential membership were known as “observations.” Individuals who had advanced to the final level before being “jumped in” were called “chequeos,” or “cheqs.” Chequeos underwent a probationary period during which they were required to commit crimes on behalf of MS-13 to achieve trust and prove their loyalty to the gang. To join MS‑13 and become a full member or “homeboy,” prospective members were required to complete an initiation process, often referred to as being “jumped in” or “beat in” to the gang. During that initiation, other members of MS‑13 would beat the new member, usually until a gang member finished counting aloud to the number thirteen, representing the “13” in MS-13.
MS‑13 is an international criminal organization, and is organized in Maryland and elsewhere into “cliques,” that is, smaller groups operating in a specific city or region. Cliques operated under the umbrella rules of MS‑13.
Melendez-Rivera is scheduled for sentencing on April 25, 2019, at 1:00 p.m. before Judge Paula Xinis in U.S. District Court in Greenbelt, Maryland, and faces up to life in prison. Moreno-Martinez is scheduled for sentencing on May 3, 2019, at 1:00 p.m. before Judge Xinis and faces from 292 months to 365 months in prison. Granados-Vasquez is scheduled for sentencing on May 13, 2019, at 1:00 p.m. before Judge Xinis and faces from 240 months to 324 months in prison.
United States Attorney Robert K. Hur commended Homeland Security Investigations; the Montgomery County Police Department; the Gaithersburg Police Department; and the Guttenberg Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Thomas P. Windom and Timothy Hagan, who are prosecuting the case.
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Swiss Attorney Pleads Guilty to Participating in Global Pump-and-Dump SchemeRead the Press Release
BOSTON – A Swiss lawyer pleaded guilty yesterday in federal court in Boston in connection with participating in an international pump-and-dump scheme.
Matthew Ledvina, 46, pleaded guilty to one count of conspiracy to commit securities fraud. U.S. District Court Judge William G. Young scheduled sentencing for April 25, 2019.
In or about June 2017, Ledvina assisted his co-conspirators by creating nominee entities that were used to hold shares in Environmental Packaging Technologies Inc. (EPTI), a publicly-traded company. The nominee entities allowed the true owners of the shares to mask their identities and to secretly sell large quantities of EPTI shares, even as they and others simultaneously orchestrated promotional campaigns and other manipulative efforts to artificially inflate the price and trading volume of those shares.
The government previously charged Roger Knox, the operator of Silverton, a Switzerland-based asset management firm, with helping to facilitate the EPTI pump-and-dump and other market manipulation schemes. During the pump-and-dump, Silverton sold approximately $1.5 million worth of EPTI stock before trading was halted by the Securities and Exchange Commission. Knox previously pleaded not guilty and is currently detained pending trial.
The charging statute provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of up to $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 and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement. Assistant U.S. Attorney Eric Rosen of Lelling’s Securities and Financial Fraud Unit is prosecuting the case.
Suburban Musician Pleads Guilty to Child Pornography Charge for Enticing Underage Girls to Produce Sexually Explicit VideosRead the Press Release
CHICAGO — A west suburban musician pleaded guilty today to a federal child pornography charge and admitted enticing several underage girls, many as young as 14 years old, to produce sexually explicit videos of themselves.
AUSTIN JONES, 26, of Bloomingdale, pleaded guilty to one count of receipt of child pornography. He faces a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years. U.S. District Judge John Z. Lee conditionally accepted the guilty plea and set sentencing for May 3, 2019, at 1:30 p.m.
The guilty plea was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and James M. Gibbons, Special Agent-in-Charge of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Chicago. The Illinois Attorney General’s Office’s Internet Crimes Against Children Task Force and the Bloomingdale Police Department provided assistance in the investigation. The government is represented by Assistant U.S. Attorney Katherine Neff Welsh.
Jones is a musician with a significant following on social media, including Facebook and YouTube. His online music videos have been viewed millions of times.
Jones admitted in a plea agreement that in 2016 and 2017 he chatted with six underage girls on Facebook and enticed them to produce pornographic videos of themselves and send them to him. Jones told some of his victims to send him the videos as a way to “prove” that they were his biggest fans, the plea agreement states. He also told some of his victims that the videos were part of a modeling opportunity, and that he could assist them in gaining followers on the social media site Instagram, the plea agreement states.
In addition to the six victims whom he enticed to send videos, Jones further admitted in the plea agreement that he used Facebook on approximately 30 other occasions to attempt to persuade minor girls to send him sexually explicit videos and photographs.
If you believe you are a victim of sexual exploitation, you are encouraged to call the ICE Tip Line at 1-866-DHS2-ICE (1-866-347-2423) or the National Center for Missing and Exploited Children at 1-800-843-5678. The hotlines are available 24 hours a day, seven days a week.
Steroid Distributor Sentenced to Federal PrisonRead the Press Release
Orlando, Florida – Senior U.S. District Judge Gregory A. Presnell has sentenced John Dillon Williamson (27, Orlando) to four years in federal prison for distributing anabolic steroids. Williamson had pleaded guilty on November 13, 2018.
According to court documents, Williamson conspired with others over several years to distribute hundreds of kilograms of anabolic steroids. Williamson and his co-conspirators ordered the steroids from overseas suppliers, received them at several addresses in central Florida and elsewhere, combined them into various mixtures, and used the internet to distribute the steroids throughout the United States.
This case was investigated by the Drug Enforcement Administration, the U.S. Postal Service, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the Seminole County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Embry J. Kidd.
Six Members of Drug Trafficking Organization Plead Guilty for Roles in Conspiracy that Brought Methamphetamine from California to Southwest VirginiaRead the Press Release
Abingdon, VIRGINIA – United States Attorney Thomas T. Cullen announced today that six individuals who conspired to traffic methamphetamine from California into Southwest Virginia recently pleaded guilty in the United States District Court in Abingdon to federal firearms and methamphetamine distribution charges.
“Methamphetamine is a deadly drug that has ravaged numerous communities in Southwest Virginia,” United States Attorney Cullen stated today. “We are committed to working with our federal, state, and local partners to dismantle the large drug-trafficking organizations mainly responsible for this scourge and stanching the flow of these drugs into our region.”
Justin Hale, 36, and Elizabeth Hale, 38, both of Abingdon, Va., each pleaded guilty on January 23, 2019 to one count of conspiracy to distribute 500 grams or more of methamphetamine and one count of possession with the intent to distribute 500 grams of methamphetamine. At sentencing, they each face a mandatory minimum sentence of 10 years in prison and a maximum statutory penalty of life in prison. In addition, each defendant faces a possible criminal fine of up to $20 million.
Jessica Dixon, 30, and Michael Wesley Kestner, 35, both of Marion, Va., each pleaded guilty to one count of conspiracy to distribute 500 grams or more of methamphetamine and one count of possession of a firearm in furtherance of a drug trafficking offense. Dixon entered her plea on January 17, 2019. Kestner pleaded guilty on January 31, 2019. At sentencing, they each face a mandatory minimum sentence of 15 years in prison and a maximum statutory penalty of life in prison. In addition, each defendant faces a possible criminal fine of up to $10,250,000.
Rhonda McDonald, 35, and Crystal Lyons, 39, both of Marion, each pleaded guilty to one count of conspiracy to distribute 500 grams or more of methamphetamine. Lyons entered her plea on January 18, 2019. McDonald pleaded guilty on January 23, 2019. At sentencing, they each face a mandatory minimum sentence of 10 years in prison and a maximum statutory penalty of life in prison. In addition, each defendant faces a possible criminal fine of up to $10 million.
According to evidence presented at the guilty plea hearings by Assistant United States Attorney Zachary T. Lee, Justin Hale and Elizabeth Hale, who are married, coordinated the transportation of multi-pound packages of methamphetamine shipped from California to Abingdon. McDonald, Dixon, Kestner, and Lyons received quantities of methamphetamine from Justin Hale, which they distributed in Marion and Abingdon. Additionally, Dixon and Kestner were found to have used firearms to threaten and intimidate individuals who owed them money for methamphetamine. Search warrants and other law enforcement actions led to the seizure of more than $30,000 in United States currency and more than two pounds of methamphetamine.
The investigation of the case was conducted by the Washington County Sheriff’s Office, the Smyth County Sheriff’s Office, the Abingdon Police Department, the Drug Enforcement Administration, and the Virginia State Police. Assistant United States Attorney Zachary Lee is prosecuting the case for the United States.
Shreveport trauma surgeon found guilty of stealing more than $200,000 in Social Security benefitsRead the Press Release
SHREVEPORT, La. – Following a trial that began on Monday, a federal jury returned a verdict of guilty today on all counts charged in the prosecution of a 58-year old Shreveport surgeon for stealing more than $200,000 in Social Security disability payments, announced U.S. Attorney David C. Joseph.
The jury deliberated for approximately ten hours before finding John T. Owings, Chief of Trauma at Louisiana State University – Health Sciences Center in Shreveport, guilty of 20 counts of theft of government property and one count of concealing or failing to disclose an event affecting right to a government benefit.
The United States presented evidence during trial showing that Owings applied for disability benefits in 2008 and continued to receive those benefits through June of 2017, after returning to work in 2012. When Owings went back to work as a surgeon at the University of California-Davis in 2012, making $22,000 a month, he failed to tell the Social Security Administration (SSA) about his return to work. In 2013, LSU Health Sciences Center in Shreveport hired Owings as its trauma chief, paying him over $40,000 a month. Owings never disclosed his employment at LSU Health Sciences Center to the SSA. Owings took disability insurance benefits throughout his employment at the University of California-Davis and LSU Health Sciences Center that he was not entitled to.
“Protecting taxpayer money from fraud is a priority of my office,” stated U.S. Attorney David C. Joseph. ”We will hold accountable those who try to defraud the government and wrongfully take money intended for those in need. This verdict shows the strength of the evidence in this case and underscores the hard work of the Social Security Administration investigators and prosecutors in my office.”
“Today’s guilty verdict affirms Social Security Administration’s, Office of the Inspector General, mission to combat fraud, waste and abuse,” said Terry L. Brown, Acting Special Agent in Charge, SSA OIG Dallas Field Division. “The dedicated work by OIG agents and the Shreveport United States Attorney’s office resulted in the protection of United States citizens and the Disability Insurance Trust Funds.”
The SSA is responsible for the implementation of the Disability Insurance Benefits Program under Title II of the Social Security Act. The SSA provides monetary benefits to individuals who have worked and paid taxes to SSA. To be eligible for monthly cash benefits, individuals must have been deemed medically disabled and must have been unable to maintain gainful employment.
Pursuant to SSA regulations, a claimant must prove to SSA that he or she is disabled by furnishing medical and other evidence with the application. The application and supporting evidence would then be evaluated by SSA to determine the individual’s medical impairments and determine the effect of the impairment on the claimant’s ability to work on a sustained basis. Recipients of Social Security disability insurance benefits are required by federal law to report any changes in their medical or employment status to SSA, including any work activity, whether compensated or not. Eligibility for Disability Insurance Benefits is conditioned on the recipient’s lack of employment income during the period when the disability benefits are paid.
United States District Judge Elizabeth E. Foote presided over the trial and will sentence Owings on May 29, 2019. Owings faces up to ten years imprisonment for theft of government property and five years imprisonment for concealing or failing to disclose an event affecting right to a Title II benefit. Owings also faces up to three years supervised release and a $250,000 fine for each count.
The Social Security Administration – Office of Inspector General conducted the investigation. Assistant United States Attorneys Seth D. Reeg and Leon H. Whitten prosecuted the case.
Second Defendant Convicted in Multi-Million Dollar Scheme Defrauding Bibb County Schools, TaxpayersRead the Press Release
MACON— A panel of citizen jurors returned a guilty verdict this evening following a one week trial of a man involved in a complex scheme to defraud the Bibb County School System (BCSD), said Charles “Charlie” Peeler, the United States Attorney for the Middle District of Georgia. Dave Carty, 49, of Macon, was found guilty on one count of wire fraud Friday evening. The Honorable Marc Treadwell presided over the trial, which began Monday, January 28, 2019 in Macon federal court. Mr. Carty was charged in connection to the sale of 15,000 NComputing devices for $3.7 million to upgrade classroom technology for BCSD in 2012. A co-defendant, Isaac Culver, was found guilty in July 2018 by a jury of his peers for conspiracy to commit wire and mail fraud, ten (10) counts of wire fraud, one count of mail fraud, and conspiracy to launder the proceeds of unlawful activity. Mr. Culver was sentenced to 87 months in prison and three years supervised release in November. Today’s wire fraud conviction carries a maximum 20 years imprisonment and $250,000 fine. A sentencing date has not been set for Mr. Carty.
“The conviction of Dave Carty affirmatively denounces the greed and corruption of two businessmen who stole from the Bibb County School System. The damage done was more than money. These individuals stole the opportunity for an improved education for Bibb County school children. Mr. Carty will now be held accountable for his crime, just as Isaac Culver, who sits behind bars today, was held accountable for his crimes. Today’s verdict offers our citizens a measure of justice and brings to a close what has been a difficult period for the Bibb County School System and the entire Macon community,” said Charles “Charlie” Peeler, the U.S. Attorney for the Middle District of Georgia.
This case was investigated by the Federal Bureau of Investigation and Internal Revenue Service. Assistant U.S. Attorneys Beth Howard and Danial Bennett are prosecuting the case for the Government with participation and cooperation of Special Assistant U.S. Attorney David McLaughlin from the Georgia Office of the Attorney General.
Questions concerning this case can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Rochester Man Pleads Guilty to Selling MethRead 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 Scott Schafer, 39, of Rochester, New York, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession with intent to distribute, and distribution of, methamphetamine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine, or both.
Assistant U.S. Attorney Charles E. Moynihan, who is handling the prosecution of the case, stated that in the early morning hours of March 8, 2018, members of the Rochester Police Department arrested Schafer for possessing methamphetamine. The investigation began when officers saw a vehicle illegally parked on a side street off of Monroe Avenue. The vehicle was blocking part of the road, as well as a driveway and the bicycle lane. When law enforcement went to issue traffic tickets, they found Schafer in the bathroom of a nearby restaurant, where they learned Schafer had abruptly retreated when law enforcement approached the location.
Officers found Schafer, who was shaking and appeared nervous, with multiple bags of methamphetamine on him when he was searched. They also found more methamphetamine in the garbage can in the bathroom where the defendant had been when he was first confronted by law enforcement.
On April 10, 2018, officers again arrested Schafer, this time at a gas station on South Clinton Avenue in Rochester. When officers approached the car to check on the welfare of the occupants, Schafer was in the front passenger seat and the driver was holding a small clear plastic baggie containing several small, white rocks. Officers believed this substance was methamphetamine, which was confirmed by subsequent testing.
The plea is the culmination of an investigation by the Rochester Police Department, under the direction of Chief Mark Simmons, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for May 10, 2019, at 3:30 p.m. before Judge Wolford.# # # #
Prostitution Customer Sentenced for Sexually Exploiting Two Minor GirlsRead the Press Release
ALEXANDRIA, Va. – A Woodbridge man was sentenced today to 10 years in prison for sexually exploiting two minor girls as a prostitution customer.
According to court documents and evidence presented at trial, Steve Nowell, 65, was a frequent commercial sex customer of a prostitution ring led by Michael Gunn, who sex trafficked two minor girls, ages 14 and 16, over the course of two years in the DMV area. Nowell was identified by the minor victims and by two co-conspirators of Michael Gunn as a regular commercial sex customer who paid both of the minors for sex on at least 23 occasions. Law enforcement found a hidden camera at Nowell’s home that secretly recorded at least one of the minors and other females in various stages of undress while at his residence for prostitution. In a recorded interview, Nowell admitted to paying for sex with one of the minors, and claimed he did not know her real age. Evidence at trial revealed the minor weighed between 80 and 90 pounds while she was sexually exploited by Nowell.
In addition to the sentence of 10 years in prison, Nowell was ordered to pay $8,900 in restitution to the minor victims.
This matter was investigated by the FBI Washington Field Office’s Child Exploitation and Human Trafficking Task Force, which is composed of FBI agents, along with detectives from the Fairfax County Police, Arlington County Police, Prince William County Police, Loudoun County Sheriff’s Office, Leesburg Police, Alexandria City Police, Washington Metropolitan Police, Fauquier County Sheriff’s Office, George Mason University Police, United States Marshal’s Service, and agents of various Office of Inspector Generals. This matter was brought to the task force by the Prince William County Police.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Matthew J. DeSarno, Special Agent in Charge, Criminal Division, FBI Washington Field Office, Barry M. Barnard, Chief of Prince William County Police, and M. Jay Farr, Arlington County Chief of Police made the announcement after sentencing by Senior U.S. District Judge Claude M. Hilton. Assistant U.S. Attorneys Maureen C. Cain and Kimberly R. Pedersen 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. 1:18-cr-188.
Operation 'Third Time's a Charm' rounds up 14 indictments for crack cocaine distribution in Cuyler-BrownsvilleRead the Press Release
SAVANNAH, GA – A series of indictments have charged 14 defendants with dealing crack cocaine in the historic Cuyler-Brownsville community.
The indictments, for charges ranging from conspiracy to possess crack cocaine to illegal firearms possession, were handed down in U.S. District Court shortly after final sentencings from a previous sweep of the neighborhood, announced Bobby L. Christine, U.S. Attorney for the Southern District of Georgia.
Several of the defendants in Operation Third Time’s a Charm are alleged to have affiliation with the “Rollin’ 60s Crips,” a violent street gang associated with the national Crips criminal organization.
The investigation is a cooperative effort of the federal bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Savannah Police Department Strategic Investigations Unit (SIU), the Chatham County District Attorney’s Office, and the U.S. Attorney’s Office. They are part of continuing multi-agency investigations that began more than two years ago in response to complaints from neighborhood residents about frequent gunfire, violent crime and drug sales in CBV.
The charges are contained in a series of seven federal indictments and include:
Isaac Young, a/k/a “Ike,” 37, charged with Conspiracy to Possess with Intent to Distribute Crack Cocaine, Distribution of Crack Cocaine, and Prohibited Person in Possession of a Firearm;
Mario Wallace, 31, charged with Conspiracy to Possess with Intent to Distribute Crack Cocaine, Distribution of Crack Cocaine, and Prohibited Person in Possession of a Firearm;
Jamarae Campbell, 28, charged with Conspiracy to Possess with Intent to Distribute Crack Cocaine, Distribution of Crack Cocaine, and Prohibited Person in Possession of a Firearm;
Brooks Williams, 35, charged with Conspiracy to Possess with Intent to Distribute Crack Cocaine, Distribution of Crack Cocaine, and Prohibited Person in Possession of a Firearm;
Charles Steplight, a/k/a “Beefy,” 27, charged with Conspiracy to Possess with Intent to Distribute Crack Cocaine, and Distribution of Crack Cocaine;
Eddie Robertson, 29, charged with Conspiracy to Possess with Intent to Distribute Crack Cocaine, and Distribution of Crack Cocaine;
Eric Davis, 27, charged with Conspiracy to Possess with Intent to Distribute Crack Cocaine, and Distribution of Crack Cocaine;
Luther Ruth, 29, charged with Conspiracy to Possess with Intent to Distribute Crack Cocaine, and Distribution of Crack Cocaine;
Emonde Polite, 27, charged with Conspiracy to Possess with Intent to Distribute Crack Cocaine, and Distribution of Crack Cocaine;
Jadontay Polite, 26, Charged with Conspiracy to Possess with Intent to Distribute Crack Cocaine, and Distribution of Crack Cocaine;
Shawn Jivens, a/k/a “Puffy,” 39, charged with Distribution of Crack Cocaine;
Arsenio Robinson, 29, charged with Distribution of Crack Cocaine;
Marvin Smith, 55, charged with Distribution of Crack Cocaine; and,
Corey Washington, a/k/a “Corey Outkast’d Mushin,” 31, charged with Distribution of Crack Cocaine.
“Our federal, state and local law enforcement agencies and prosecutors continue to target violent crime and drug distribution networks that threaten our communities,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. “As these indictments demonstrate, last year’s announcement of major arrests in CBV wasn’t the end of those efforts; it was just the beginning – and we won’t stop until every law-abiding resident is free from fear.”
“ATF considers Savannah Police Department a critical partner in its long-term mission of removing violent criminals and narcotics traffickers from our communities,” said Beau Kolodka, Assistant Special Agent in Charge of the Atlanta Field Division of the bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant United States Attorneys Frank Pennington and Joe McCool are prosecuting the cases for the United States.
This investigation took place under the umbrella of the U.S. Department of Justice’s Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer.
An indictment contains only charges. Defendants are presumed innocent unless and until proven guilty.
One of ICE’s Most Wanted Aliens Indicted for Illegally Re-Entering the United States Following DeportationRead the Press Release
LOS ANGELES – A Belizean national on the list of U.S. Immigration and Custom Enforcement’s most wanted deportable aliens has been charged with illegal re-entry into the United States following his deportation, a felony.
Santos Moreira, 46, an immigrant from Belize who currently is in the United States illegally, was found in Los Angeles County on November 2, 2015, according to an indictment returned against him on January 25 by a federal grand jury. Moreira previously was deported from the United States on three separate occasions – in December 1995, September 1999 and October 2010, the indictment states. Moreira is charged with re-entering and remaining in the United States knowingly and voluntarily without having obtained permission from the United States Attorney General or the Secretary of Homeland Security to reapply for admission into the United States following deportation.
Moreira’s criminal history includes a conviction in Los Angeles County Superior Court for possession for sale of cocaine base in 1991, for which he was sentenced to three years in prison, according to the indictment. In 1992, Moreira was convicted in Los Angeles Superior Court of second-degree robbery with an enhancement for personally using a firearm. He was sentenced to five years in state prison for that offense, the indictment states. Moreira is incarcerated at a Texas state prison for a 2018 drug-related conviction. He is expected to be brought to United States District Court in the Central District of California to face the federal illegal re-entry charge in the coming months.
If convicted, Moreira faces a statutory maximum sentence of 20 years in federal prison.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was investigated by U.S. Immigration and Customs Enforcement.
This matter is being prosecuted by Special Assistant United States Attorney Kyle J. Ryan of the General Crimes section.
Omaha Man Sentenced to Six Years for Distributing Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Aaron Marxsen, 40, was sentenced today in federal court in Omaha for distributing child pornography. United States District Court Judge Robert F. Rossiter, Jr. sentenced Marxsen to 72 months of imprisonment. There is no parole in the federal system. After his release from prison, Marxsen will begin a five-year term of supervised release and will be required to register as a sex offender. The court further imposed restitution to two known victims in the sum of $5,000.
On December 12, 2017, agents with the Federal Bureau of Investigation and local task force officers served a search warrant at Marxsen’s home. They recovered two devices containing child pornography. These devices held 50 videos and more than 150 images of child pornography. Search terms recovered from the computer reflected a targeted search for child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Omaha FBI's Cyber Crime Task Force (CCTF).
Norwalk Man Pleads Guilty to Distributing HeroinRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JOSEPH DANIELS, also known as “Sean,” 36, of Norwalk, pleaded guilty today before U.S. District Judge Jeffrey A. Meyer in New Haven to one count of possession with intent to distribute 100 grams or more of heroin.
According to court documents and statements made in court, Norwalk Police arrested Daniels on May 15, 2018, after officers had made multiple controlled purchases of narcotics from him. On that date, investigators conducted court-authorized searches of Daniels’ residence, car, and storage units he rented, and seized approximately 190 grams of heroin, other drugs, drug paraphernalia, and more than $59,000 in cash.
Daniels has been detained since his arrest.
Judge Meyer scheduled sentencing for April 26, 2019. The charge carries a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 40 years. However, because Daniels has a prior conviction for a felony drug offense, he faces a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of life.
Daniels’ criminal history includes a federal conviction for distributing crack cocaine. In June 2003, he was sentenced in Bridgeport federal court to 43 months of imprisonment for that offense.
This matter has been investigated by the Drug Enforcement Administration and the Norwalk Police Department. This case is being prosecuted by Assistant U.S. Attorney Jocelyn Courtney Kaoutzanis.
Newark, New Jersey, Man Convicted of Firearms Offense in Connection with Shooting of 5-Year-Old GirlRead the Press Release
NEWARK, N.J. – A Newark man, previously convicted in state court of six felonies, was found guilty in federal court today of being a felon in possession of a handgun, U.S. Attorney Craig Carpenito announced.
Jamar Battle, 31, was convicted after a three-day trial before U.S. District Judge William J. Martini in Newark of one count of being a felon in possession of a firearm and ammunition. The jury deliberated two hours before delivering the guilty verdict.
According to documents filed in this case and the evidence at trial:
On the evening of July 4, 2018, Battle was involved in an argument with his girlfriend and was waiting for her outside of her home. After she arrived near her home, Battle fired six shots at the car she had been riding in as it pulled away. He did not hit his intended target, but did hit a 5-year old girl who had been walking with her father after watching a neighborhood fireworks display. The child survived the shooting but suffered a major injury that required immediate medical attention.
Prior to this shooting, Battle had been convicted of six felonies. In 2015, Battle was sentenced to New Jersey State Prison on two firearms offenses and had just been released from prison in May 2018.
The count on which Battle was convicted is punishable by a maximum of 10 years in prison and a fine of up to $250,000. Sentencing is scheduled for June 21, 2019.
U.S. Attorney Carpenito credited law enforcement officers of the Newark Police Department, under the direction of Public Safety Director Anthony F. Ambrose; special agents of the Department of Alcohol Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge John B. Devito; special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie; and the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Theodore N. Stephens 2nd, with the investigation leading to today’s guilty verdict.
The government was represented by Senior Trial Counsel Robert Frazer and Special Assistant U.S. Attorney Naazneen Khan of the U.S. Attorney’s Office Violent Crimes Unit in Newark.
New Orleans Man Pleads Guilty to Making False Statements to a Financial InstitutionRead the Press Release
U.S. Attorney Peter G. Strasser announced that JARED CASTELLAW, age 34, of New Orleans, and a former employee of an undisclosed entity, ABC Homes, LLC, located in St. Bernard Parish, pled guilty on January 30, 2019 to a Bill of Information charging him with Making False Statements to a Financial Institution.
According to court documents, beginning in or around October 2008 and continuing to on or about May 2009, CASTELLAW, along with co-defendants PATRICK HEALEY and VALERIE SCHONES made false statements to the Federal Housing Administration “FHA” in order to assist low-income borrowers in qualifying for FHA insured loans that they would not otherwise have qualified for. In total, due to the acts of the defendants, the FHA suffered a loss in excess of $852,415.
CASTELLAW faces a maximum of 30 years imprisonment, a fine of not more than $1,000,000, supervised release of up to 5 years, and a special assessment of $100. The Court set sentencing in this matter for May 15, 2019 at 2:00 p.m.
U.S. Attorney Strasser reiterated that the Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of the Department of Housing and Urban Development, Office of Inspector General and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorneys Sharan E. Lieberman and Edward J. Rivera.
New Jersey Man Sentenced to Prison for Tax Evasion in Connection with Multimillion Dollar Art TransactionRead the Press Release
A New Jersey man was sentenced to 18 months in prison followed by three years of supervised release today for tax evasion in connection with over $1.2 million in income related to the proceeds from the sale of a purportedly original Caravaggio painting.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Acting Special Agent in Charge Matthew D. Line of IRS Criminal Investigation’s (IRS-CI) Nashville Field Office and Special Agent in Charge Troy Sowers of the FBI’s Knoxville Field Office made the announcement.
Brian Gimelson, 48, of Lawrenceville, New Jersey, was sentenced by U.S. District Judge Tanya Walton Pratt of the Southern District of Indiana. Judge Pratt also ordered Gimelson to pay $432,456 in restitution. Gimelson pleaded guilty on Sept. 12, 2018 to two counts of attempting to evade or defeat a tax.
According to admissions made in connection with his guilty plea, Gimelson earned a substantial income for his role in a transaction involving the sale of a purportedly original painting by the Italian painter Michelangelo Merisi, commonly known as Caravaggio, titled, “David With the Head of Goliath” (the Caravaggio Painting). Despite earning over $1.2 million in income on this transaction, Gimelson admittedly did not timely file income tax returns and he did not timely pay tax due and owing to the United States.
In order to conceal his income and evade the payment of his tax liabilities, Gimelson admittedly created a company, had his wife serve as managing member of the company, and used this company to facilitate the Caravaggio Painting transaction. Despite creating this company in his wife’s name, Gimelson admitted that he controlled the company and its bank accounts, including the fees Gimelson received for his role in the Caravaggio Painting transaction. Gimelson further admitted that he directed his wife to make frequent and substantial cash withdrawals on his behalf from company accounts, and Gimelson used company funds to purchase collectibles and precious metals, among other things.
At sentencing, the Court concluded that Gimelson’s tax evasion caused losses of $432,456 to the IRS.
The case was investigated by IRS-CI’s Nashville Field Office and the FBI’s Knoxville Field Office. The case is being prosecuted by Trial Attorneys Danny Nguyen and Caitlin Cottingham of the Criminal Division’s Fraud Section.
New Haven Man Pleads Guilty to Bank RobberyRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that VINCENT JONES, 50, of New Haven, pleaded guilty yesterday before U.S. District Judge Victor A. Bolden in Bridgeport to one count of bank robbery.
According to court documents and statements made in court, Jones attempted to rob the Key Bank located at 245 Main Street in East Haven on July 31, 2017; robbed the Webster Bank located at 247 Boston Post Road in Orange of $5,469 on July 31, 2017, and robbed the Bank of America located at 1331 Boston Post Road in Milford of $6,578 on August 8, 2018.
Jones has been detained since August 9, 2018, when he was arrested on related state charges.
The charge of bank robbery carries a maximum term of imprisonment of 20 years. A sentencing date is not scheduled.
This matter has been investigated by the Federal Bureau of Investigation and the East Haven, Orange, Milford, New Haven and Waterbury Police Departments. The case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Nashua Man Sentenced to 102 Months in Prison for Assaulting and Robbing a Victim During a Firearms TransactionRead the Press Release
CONCORD- Aaron Sperow, 27, of Nashua, was sentenced on Thursday to 102 months in prison for assaulting and robbing an individual who was seeking to purchase firearms, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on August 21, 2017, the defendant and two co-defendants participated in the assault and robbery at gunpoint of a person who was assisting the Bureau of Alcohol, Tobacco, Firearms and Explosives. The defendant and his co-defendants arranged for the victim to come to a residence in Nashua on the pretext that they would be illegally selling firearms to the victim. They then assaulted and robbed the victim of the money intended to buy the firearms. Because the victim was assisting federal agents, the victim had been equipped with audio and video surveillance equipment that recorded the robbery and assault. Soon after the crime occurred, the defendant and co-defendants were arrested. They each had some of the money that had been taken from the victim.
Sperow pleaded guilty on August 20, 2018, to conspiracy, robbery, assault, use of a firearm during a crime of violence, and possession of a firearm by a convicted felon.
Co-defendant Raymond Perez was sentenced to 51 months. The third co-defendant, Anthony Farmer, has pleaded guilty and is awaiting sentencing.
“The criminal use of firearms threatens the safety of our citizens,” said U.S. Attorney Murray. “This violent crime demonstrates the importance of keeping guns out of the hands of criminals. Through Project Safe Neighborhoods, we are working closely with our law enforcement partners to stop gun violence and protect the citizens of the Granite State.”
"Keeping firearms out of the hands of convicted felons is ATF's top priority," said ATF Special Agent in Charge Kelly Brady. "This is a public safety and law enforcement safety issue that ATF is 100 percent committed to. ATF will continue to aggressively pursue these investigations and work with our law enforcement partners to remove violent criminals from our communities."
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Nashua Police Department. The case is being prosecuted by Assistant U.S. Attorney Anna Dronzek.
The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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Nahant Couple Charged in Superseding Indictment with Tax FraudRead the Press Release
BOSTON – A Nahant couple was charged yesterday in federal court in Boston with two counts of tax evasion.
Gary P. DeCicco, 60, and Pamela M. Avedisian, 55, were charged in a superseding indictment with one count of conspiracy to commit tax fraud and one count of evasion of payment of taxes. The original indictment returned in January 2018 charged DeCicco and Avedisian with conspiracy to commit wire fraud and one count of wire fraud. DeCicco was also charged with one count of conspiracy to commit bank fraud, one count of bank fraud, four counts of wire fraud and attempted wire fraud and six counts of engaging in unlawful monetary transactions.
According to the charging documents, between April 2012 and February 2013, DeCicco repeatedly told the IRS that he did not have the ability to pay his over $340,000 liability, and that he had very little cash, no vehicles or real property, and no ownership interest in any asset with a positive value. However, the indictment alleges that DeCicco had ownership interests in several businesses, vehicles, and real properties during that time period, titled in his name and the names of Avedisian, Lynnway Auto Sales Inc., and other entities in order to conceal those assets from the IRS. In addition, beginning in March 2013, after the IRS accepted DeCicco’s proposed monthly payment plan (based on the false information DeCicco provided about his assets and income), DeCicco allegedly bought and sold numerous real properties, boats and high end cars, and concealed those assets and his income from the IRS, often with Avedisian’s assistance.
According to court documents, Avedisian owned a property in Nahant that was subject to a mortgage in excess of $1 million. In October 2015, DeCicco and Avedisian allegedly conspired to defraud the mortgage holder by proposing the sale of the property for significantly less than the outstanding mortgage, in what is commonly referred to as a “short sale.” By their very nature, short sales are intended to be arms-length transactions in which the buyers and sellers are unrelated and act independently, allowing sellers to cede their ownership of the property in exchange for the short-selling bank’s agreement to release them from their unpaid mortgage debt. In order to get approval for the sale, DeCicco and Avedisian concealed their long-term romantic and business relationships from the loan servicing company and falsely represented that Avedisian could no longer make payments towards the mortgage on the property. In fact, just two months before the “short sale” closed, Avedisian purportedly received $3.5 million from the sale of another asset to DeCicco.
The indictment also alleges that from November 2015 to September 2016, DeCicco and a co-conspirator falsified rent rolls and prepared fake leases, which they then provided to financial institutions in support of their applications for a $5.5 million loan secured by a commercial building in Peabody. Between September 2016 and January 2017, DeCicco allegedly committed unlawful monetary transactions with the proceeds of the bank fraud scheme, and between February and December 2016, DeCicco engaged in a scheme to defraud multiple insurance companies using fake invoices and other documents to support his claims.
The charges of wire fraud and conspiracy, as well as bank fraud and conspiracy, provide for a sentence of no greater than 30 years in prison, three years of supervised release and a fine of $250,000. The charges of wire fraud and attempted wire fraud provide for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000. The charge of engaging in unlawful monetary transactions provides for a sentence of no greater than ten years in prison, three years of supervised release and a fine of $250,000. The charges of conspiracy to defraud the United States and tax evasion each provide for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolanta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and, Kristian O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. Assistant U.S. Attorney Kristina E. Barclay of Lelling’s Public Corruption and Special Prosecutions Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Multiple Project Safe Childhood (PSC) Defendants Appear in Federal CourtRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that multiple Project Safe Childhood (PSC) defendants appeared in federal court this week.
“Project Safe Childhood cases are a significant priority for my office,” said United States Attorney Mike Stuart. “These crimes are horrific and we will do everything within our power to protect children from the likes of the defendants that appeared in court this week. Crimes against children are epidemic in the nation today. The children of this district have no better champion than my office. We will continue to fight for them every single day and we will do all we can to protect our kids from the monsters that prey upon them.”
Douglas James Allmon, 51, of Canton, Ohio, pled guilty before United States District Judge Joseph R. Goodwin to attempting to entice a minor to engage in illegal sexual activity and traveling in interstate commerce in order to engage in illicit sexual activity with a minor. Allman admitted that during August and September 2018 he communicated via text message with a minor he believed to be a 14-year-old girl in Parkersburg, West Virginia. During the conversations, Allmon attempted to persuade and entice the minor to meet him in order to engage in sexual intercourse. On September 7, 2018, Allmon traveled from his home in Ohio to Parkersburg, West Virginia, in order to have sex with the minor. Only then did Allmon discover that the minor was actually an undercover law enforcement officer. The investigation was conducted by the West Virginia State Police, the West Virginia States Police Internet Crimes Against Children Task Force, the FBI Violent Crimes Against Children Task Force, and the Parkersburg Police Department.
Allmon faces at least 10 years and up to life in federal prison when he is sentenced on April 17, 2019. Upon his release from prison, he will be required to serve a term of supervised release of at least five years and up to life. He will also be required to register as a sex offender.
Richard Gerald Caudill, Jr., 46, of Catlettsburg, Kentucky, pled guilty before United States District Judge Robert C. Chambers to traveling in interstate commerce in order to engage in illicit sexual activity with a minor. Caudill admitted that during August 2018 he communicated via the cell phone messaging app Kik with a minor he believed to be a 14-year-old girl from the Ashland, Kentucky area. During the conversations, Caudill attempted to persuade and entice the minor to meet him in order to engage in sexual intercourse. On August 28, 2018, Caudill traveled from his home in Kentucky to a location in Kenova, Wayne County, West Virginia, in order to have sex with the minor. Only then did Caudill discover that the minor was actually an undercover law enforcement officer. The investigation was conducted by the West Virginia State Police Internet Crimes Against Children Task Force, the FBI Violent Crimes Against Children Task Force, and the Ashland Police Department.
Caudill faces up to 30 years in federal prison when he is sentenced on May 20, 2019. Upon his release from prison, he will be required to serve a term of supervised release of at least five years and up to life. He will also be required to register as a sex offender.
David Wayne Young, 48, of Ashland, Kentucky was sentenced by United States District Judge John T. Copenhaver, Jr. to 188 months in federal prison, followed by 25 years on supervised release for a sex trafficking crime. He also will be required to register as a sex offender. Stuart commended the investigative efforts of the FBI Violent Crimes Against Children Task Force, the West Virginia State Police, the West Virginia Internet Crimes Against Children Task Force, the Ashland Police Department, and the Boyd County Sheriff’s Department.
Young previously admitted that in March 2017, he communicated with his codefendant, Misty Dawn Baisden, and asked Baisden to provide him with a minor under the age of 14 for the purpose of engaging in commercial sexual activity. Young additionally admitted that the communication involved discussion of exchanging money, items, or other things of value for sexually explicit photographs of the minor. He further admitted that subsequent communications with Baisden included discussions that involved Young offering to provide Baisden with a minor for sexual activity in exchange for her providing him with a minor for sexual activity. Baisden previously pleaded guilty to conspiracy to engage in sex trafficking of a minor and was sentenced to 72 months in prison.
Nathan Kelley, 22, of Vienna, West Virginia, was sentenced by United States District Judge John T. Copenhaver, Jr. to six years in federal prison, followed by 25 years of supervised release, for child pornography crimes. He will also be required to register as a sex offender. Kelley previously entered his guilty plea to one count of distribution or attempted distribution of child pornography, and one count of possessing child pornography. Stuart commended the investigative work of the Parkersburg Police Department and the West Virginia State Police.
Kelley admitted to using his phone to send images depicting child pornography through Twitter to another person on November 18, 2017, at his residence in Wood County. He also admitted to possessing about 220 images and one video depicting child pornography on December 27, 2017, also at his residence in Wood County. He indicated that he acquired all of the images and the video from the Internet and stored them on his phone in an app called Keepsafe. Many of the images involved prepubescent children being subjected to sexually explicit conduct. The Court also found that on at least two prior occasions Kelley had sexually abused a toddler by touching her bare genitals for his own sexual gratification.
Assistant United States Attorney Jennifer Rada Herrald is in charge of the prosecutions.
These cases were prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Mishawaka Indiana Man SentencedRead the Press Release
SOUTH BEND – Michael L. Binder, age 38, of Mishawaka, Indiana, was sentenced on January 3, 2019, before South Bend District Court Judge Robert L. Miller, Jr. for being a felon in possession of a firearm, announced U.S. Attorney Kirsch.
Binder was sentenced to 63 months’ imprisonment followed by 1 year of supervised release.
According to documents in this case, on April 21, 2018, Pokagon tribal police found Mr. Binder and a female companion in a minivan parked in the parking lot of the Four Winds-South Bend casino. Officers detected a strong odor of marijuana coming from the vehicle. Upon further investigation, officers located a small amount of marijuana and three baggies of methamphetamine (totaling approximately 10 grams) and a digital scale with white residue. The Pokagon police also found, pushed up under the driver’s seat from the back, right where Mr. Binder’s feet were located, a loaded handgun. A fingerprint matching Mr. Binder’s was found on the magazine of the gun. Mr. Binder admitted to possessing this handgun during the guilty plea phase of this case. The handgun’s serial number had been scratched out; however police were able to obtain the serial number and traced the weapon to determine that it had been stolen in 2016 from an individual who lawfully owned it in Michigan.
U.S. Attorney Kirsch reiterates the following statement from the sentencing memorandum filed with the court: “This particular offense by Mr. Binder raises a very important concern for the government because the offense occurred on federally-recognized Indian tribal land, held in trust for the Pokagon Band of Potawatomi Indians. The United States recognizes a unique obligation of service to tribal communities across the country and it holds a strong commitment to supporting and furthering public safety on all tribal land. In this district, the United States Attorney’s Office has an important relationship with the Pokagon Band, and it has a commitment to working with the Pokagon Band to foster public safety, while respecting the Pokagon Band’s sovereignty and culture.”
Pokagon Police Chief William Lux said, “The Pokagon Band of Potawatomi Indians is a federally-recognized sovereign nation and is committed to working with our law enforcement partners in the U.S. government to protect all who visit its trust land and to prosecute those who violate the law on Pokagon land. The conviction of Mr. Binder is a great example of team work between our officers, Pokagon Tribal Police Investigations Unit, South Bend and Berrien County law enforcement partnerships. We appreciate the support of the FBI and U.S. Attorney Kirsch in prosecuting Mr. Binder for crimes committed while at Four Winds South Bend, which is on sovereign Pokagon Band land.”
This case was being investigated by the FBI and the Pokagon Band of Potawatomi Tribal Police Department. The case was being handled by Assistant U.S. Attorney Luke N. Reilander.
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Middle District of North Carolina Recognizes Outstanding Law Enforcement Officers, AgencyRead the Press Release
GREENSBORO, N.C. – Matthew G.T. Martin, United States Attorney for the Middle District of North Carolina, presented awards to representatives from three local law enforcement agencies for their outstanding accomplishments during the year. Individual awards were presented to Detective Chrystal Overcash of the Guilford County Sheriff’s Office and Detective David Walker of the Orange County Sheriff’s Office. An award for outstanding law enforcement agency was presented to the Burlington Police Department Gang and Violent Crimes Unit.
Award recipient: Detective Chrystal Overcash, Guilford County Sheriff’s Office
While assigned as a Task Force Officer to the Treasury Office of Inspector General, Detective Chrystal Overcash was instrumental in the prosecution of Kimberly Hobson. Hobson defrauded High Point Regional Hospital, using her position in the hospital’s financial department, embezzling almost 4 million dollars from the hospital, to the detriment of the hospital and the community it serves.
Thanks in large part to Detective Overcash’s efforts, the federal prosecution of Hobson was successful. Hobson pleaded guilty and was sentenced to 102 months imprisonment and ordered to pay $3.8M in restitution. In addition, we were able to seize and forfeit the cash in Hobson’s bank accounts, 12 vehicles (including 2 in Romania), numerous items of personal property, and Hobson’s residence.
Award recipient: Detective David Walker, Orange County Sheriff’s Office
During 2018, while assigned as a Task Force Officer to the Drug Enforcement Administration/Raleigh Office, Detective Walker served as the primary agent on the Roderick Lamar Sanford investigation. Sanford and four coconspirators were engaged in the distribution of heroin (often, laced with Fentanyl) in and around Durham, NC from 2014 until their arrests last year.
The investigation was complicated by the fact that the main cooperating witness (CW) in the case was a recovering heroin addict who experienced relapses in sobriety on at least two occasions during the investigation (and was arrested at least once by Alamance Co. LEOs). The CW’s continued drug use and arrest impacted the CW’s credibility as a witness. Det. Walker expended dozens of hours gathering evidence which corroborated information provided by the CW (as well as other cooperating codefendants), as well as evidence of Sanford’s attempts to intimidate the CW into recanting statements against him.
For purposes of sentencing in his case, Sanford is being held accountable for conspiring to distribute over 20 kilograms of heroin between 2014 and 2018.
Award recipient: City of Burlington Police Department Gang and Violent Crimes Unit
This award recognizes a law enforcement agency for outstanding unit accomplishments during the award period. The criteria included:
• Evidence of the unit’s ability to successfully combat gang activity
• The creation or development of innovative gang enforcement strategies
• Mission accomplishments and successes at the unit level resulting in a decrease in gang activity
The Burlington Police Department Gang & Violent Crimes Unit (GVCU) was formed during the summer of 2016 in response to multiple gang-related violent crimes that created an unprecedented wave of violence within the Burlington jurisdiction. GVCU has been extremely successful in addressing and minimizing gang activity in Burlington by solving cases of gang violence, witness intimidation, and organized crime related to gang activity.
Officers involved in the GVCU activities and investigations detailed below include Adam Snow, JT Theriault, Al Smith, Sergeant J. Light, Lt. Alan Balog, and Capt. Bret Currie.
During the month of October 2017, GVCU investigators solved a series of four Blood gang-related shootings into occupied dwellings where two gang members were shot during separate shootings in Burlington. These crimes led to the seizure of four firearms and multiple rounds of ammunition from a convicted felon.
During the month of November 2017, GVCU investigators solved a gang/drug-related homicide that occurred in Burlington, which occurred due to a Blood gang member owing a drug debt to a Folk Nation gang member.
During the month of December 2017, GVCU investigators solved a gang/drug-related home invasion from Burlington that resulted in the seizure of a bulletproof vest, 700+ rounds of ammunition, and 4 firearms from Blood gang members, who are also convicted felons. GVCU investigators solved a gang/drug-related murder from Burlington, which occurred during a drug deal between Crip gang members and Blood gang members. Ultimately, three convicted felons were arrested and charged with murder, including the shooter.
During the month of April 2018, GVCU investigators solved a gang-related shooting in the parking lot of a sweepstakes business in Burlington. GVCU investigators also solved a Blood gang-related murder and robbery at a sweepstakes business where the security guard was shot to death inside the business during the robbery. Additionally, all persons inside the business besides a female employee were viciously and ruthlessly beat with a firearm during the robbery by the shooter. Intelligence learned during this investigation showed that this crime was for the benefit of the Blood gang, and for newly drafted gang members to earn rank in the Blood gang.
Between October 2017 and April 2018, the City of Burlington experienced an approximate 80% reduction in reports of firearms being discharged in the city, an approximate 80% reduction in reports of firearms being discharged into occupied dwellings, and a total reduction of gun-related crime by approximately 83% in the City of Burlington. These crimes are all common indicators of underlying gang problems, which often physically appear as gun- related crimes. Additionally, the City of Burlington experienced approximately three months in early 2018 without a single homicide occurring, which has not happened in Burlington for at least the last decade.
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Men Charged with Violations of Federal Gun Control Act, Federal Narcotics Laws, and Obstruction of JusticeRead the Press Release
U.S. Attorney Peter G. Strasser announced that KENDALL BARNES, age 22, of New Orleans, and DERRICK GROVES, age 21, of New Orleans, were charged in a eight-count superseding indictment on January 31, 2019 by a federal grand jury.
The Indictment charges KENDALL BARNES and DERRICK GROVES with conspiracy to distribute and to possess with intent to distribute heroin. If convicted of these counts, KENDALL BARNES and DERRICK GROVES face a term of imprisonment of up to 20 years, a fine of up to $1 million, and at least three years of supervised release. The Indictment also charges KENDALL BARNES and DERRICK GROVES with conspiracy to possess firearms in furtherance of a drug trafficking crime. If convicted of this count, KENDALL BARNES and DERRICK GROVES face a term of imprisonment of up to 20 years, a fine of $250,000, and up to three years of supervised release.
The Indictment charges KENDALL BARNES, a convicted felon, with one count of felon in possession of a firearm. If convicted of this charge, KENDALL BARNES faces a term of imprisonment of up to 10 years, a fine of up to $250,000, and up to three years of supervised release.
The Indictment charges KENDALL BARNES and DERRICK GROVES each with separate counts of possession of firearms in furtherance of a drug trafficking crime. If convicted of these counts, KENDALL BARNES and DERRICK GROVES face a minimum term of imprisonment of 5 years up to a maximum of life, a fine of $250,000, and up to five years of supervised release. The term of imprisonment on these counts must run consecutive to any other term of imprisonment.
Additionally, the Indictment charges KENDALL BARNES with obstruction of justice. If convicted of this count, KENDALL BARNES could face up to 10 years of imprisonment, a fine of $250,000, and up to three years of supervised release.
U.S. Attorney Strasser reiterated than an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
U.S. Attorney Strasser praised the work of the Drug Enforcement Administration, the Federal Bureau of Investigation New Orleans Violent Crimes Task Force, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the New Orleans Police Department in investigating this matter. Assistant United States Attorney Maria M. Carboni is in charge of the prosecution.
Members of Violent Robbery Organization Sentenced for Robberies Throughout Middle District of FloridaRead the Press Release
Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich today sentenced Shamar Lajuan Thomas (26, Clearwater), a/k/a “Baby,” to 35 years in federal prison for conspiracy to commit robbery, robbery, and using or carrying a firearm in furtherance of a violent crime. A federal jury found Thomas guilty on October 11, 2018. Thomas was the last member of the Polk County-based criminal organization to be convicted of conducting armed robberies of other drug dealers.
According to evidence presented at trial, from at least April 2007, and continuing through July 20, 2017, Marion Dwight, Jr. conspired with Thomas and others to commit multiple armed robberies and burglaries of several local drug dealers. During each of the incidents, they discharged or brandished firearms. To date, the FBI has identified at least 14 armed robberies and 4 armed burglaries that were committed by Dwight and his co-conspirators.
In June 2016, Thomas and his co-conspirator, Fredrick James Burney, Jr. a/k/a “Frido,” forced their way inside of a home in Lakeland in search of narcotics and cash. While inside, they held a male victim at gunpoint, shot at a female victim, and stole cash and a firearm from the victims. During the robbery, Thomas physically attacked the woman and repeatedly hit her in the head with his firearm, causing her to bleed profusely.
Seven others have pleaded guilty to various offenses. Each faces a maximum penalty of life imprisonment, as noted below:
Name
Age, Residence
Status
Bradney Henry McGary
32, Lakeland
Pleaded guilty to 1 count of conspiracy to distribute 500 grams or more of cocaine, 1 count of conspiracy to commit robbery, 2 counts of robbery, and 1 count of discharging a firearm in furtherance of a violent crime.
Sentenced to 19 years and 2 months imprisonment on October 17, 2018.
Sherrod Raeshad Gordon,
a/k/a “Hott”
32, Tampa
Pleaded guilty to 1 count of conspiracy to commit robbery, 2 counts of robbery, and 2 counts of discharging a firearm in furtherance of a violent crime.
Sentenced to 29 years and 8 months imprisonment on February 1, 2019.
Marion Dwight, Jr.
a/k/a “Woe,”
a/k/a “Woe Money”
31, Lakeland
Pleaded guilty to 1 count of conspiracy to commit robbery, 2 counts of robbery, and 2 counts of discharging and brandishing a firearm in furtherance of a violent crime.
Faces a minimum mandatory sentence of 35 years, and up to life in federal prison.
Sentencing scheduled for April 4, 2019.
Michael James Baker,
a/k/a “Bake,”
a/k/a “Maserati”
35, Clearwater
Pleaded guilty to 1 count of conspiracy to commit robbery, 2 counts of robbery, and 2 counts of brandishing and discharging a firearm in furtherance of a violent crime.
Faces a minimum mandatory sentence of 32 years, and up to life, in federal prison.
Sentencing scheduled for March 15, 2019.
Fredrick James Burney, Jr.,
a/k/a “Frido”
a/k/a “Free”
28, Clearwater
Pleaded guilty to 1 count of conspiracy to commit robbery, 2 counts of robbery, and 2 counts of discharging a firearm in furtherance of a violent crime.
Faces a minimum mandatory sentence of 35 years, and up to life, in federal prison.
Sentencing scheduled for April 11, 2019.
Antonio Marquis Roddy,
a/k/a “Lil Head”
31, Orlando
Pleaded guilty to 1 count of conspiracy to commit robbery, 2 counts of robbery, and 2 counts of discharging and brandishing a firearm in furtherance of a violent crime.
Faces a minimum mandatory sentence of 35 years, and up to life, in federal prison.
Sentencing scheduled for March 15, 2019.
Jevin Michael Stone
30, Lakeland
Pleaded guilty to 1 count of conspiracy to commit robbery, 2 counts of robbery, and 2 counts of discharging and brandishing a firearm in furtherance of a violent crime.
Faces a minimum mandatory sentence of 35 years, and up to life, in federal prison.
Sentencing scheduled for March 15, 2019.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Lisa M. Thelwell and James Muench.
McKeesport Man Sentenced to More than 5 Years in Prison for Drug and Gun Law ViolationsRead the Press Release
PITTSBURGH, PA - A resident of McKeesport, Pennsylvania, has been sentenced in federal court to five years and eight months in prison and three years’ supervised release on his conviction of Possession with the Intent to Distribute Fentanyl and Possession of a Firearm in furtherance of a Drug Trafficking Crime, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on Marcaius Butler, Jr., age 20.
According to the information presented to the court, on March 21, 2017, Butler possessed with the intent to distribute fentanyl, and also possessed a Ruger pistol in furtherance of that crime.
Assistant United States Attorney Brendan T. Conway prosecuted this case on behalf of the government.
The United States Attorney commended the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Allegheny County Police Department for the investigation leading to the successful prosecution of Marcaius Butler, Jr.
Man Sentenced to Prison for Vending Machine ScamRead the Press Release
ALEXANDRIA, Va. – A Maryland man was sentenced today to nearly three years in prison for conspiracy to commit bank fraud.
According to court documents, Brendyn J. Andrew, 27, of Gaithersburg, aided by a co-conspirator, used hundreds of stolen credit and debit card accounts to steal more than $150,000. In one part of the fraud scheme, Andrew obtained a full-size snack vending machine and created multiple bogus shell companies to pose as a legitimate snack-vending merchant. He then used his computer to encode stolen credit and debit card numbers onto blank cards, and executed fictitious transactions by swiping the newly encoded cards through the vending machine’s credit card payment terminal. Since the fictitious transactions appeared to be legitimate vending charges, Andrew caused the victim financial institutions to charge customers and electronically transfer the proceeds into accounts Andrew controlled.
Court documents also show that Andrew and his co-conspirator used stolen credit and debit card numbers and customer account information to make numerous fraudulent purchases from various merchants in the Washington, D.C. metropolitan area. Those fraudulent purchases included a 50-round ammunition drum from a Northern Virginia firearms retailer.
Andrew carried out the scheme while on probation, and he continued the fraud despite multiple fraud arrests in Maryland and Virginia.
In addition to the sentence of 33 months in prison, Andrew was ordered to forfeit a 2013 Mercedes Benz, a handgun, and firearms accessories, items he had purchased with proceeds from the fraud. Andrew also was ordered to pay restitution.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Brian J. Ebert, Special Agent in Charge of the U.S. Secret Service’s Washington Field Office, Matthew J. DeSarno, Special Agent in Charge, Criminal Division, FBI Washington Field Office, and M. Jay Farr, Arlington County Chief of Police, made the announcement after sentencing by Senior U.S. District Judge T.S. Ellis III. Special Assistant U.S. Attorney Leonard O. Evans 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. 1:18-cr-378.
Los Angeles Woman Sentenced to 15 Years in Prison for Federal Sex Trafficking OffenseRead the Press Release
LOS ANGELES – A South Los Angeles woman who described herself on social media as “The Most Hated Hoe in L.A.” and who admitted using the Internet to solicit minors to engage in commercial sex acts has been sentenced to 15 years in federal prison.
Melanie Denae Williams, 23, was sentenced Thursday by United States District Judge George H. Wu, who also ordered her to pay restitution to her victims.
In November 2018, Williams, who used the moniker “Pretty Hoe” on social media platforms, pleaded guilty to one count of sex trafficking by force, fraud or coercion – an offense that carries a mandatory minimum sentence of 15 years’ imprisonment.
According to her plea agreement, Williams admitted to abusing a woman she recruited via social media to work as a prostitute. Williams ordered the victim to strip off her clothes, then Williams threw bleach on her and used a broomstick to beat her, according to court documents. Williams continually threatened to kill the victim if she left Williams, court papers state. Williams also forced the victim to get Williams’s name tattooed on her face, and confiscated the victim’s belongings and identity documents, according to an affidavit filed in the case.
Williams also admitted to using the Internet to recruit two minors to engage in commercial sex acts and then retaining the proceeds from the minors’ sex acts for her own use and benefit.
Williams also posted social media videos of her physically abusing and using firearms to threaten young women, according to the affidavit.
The investigation was conducted by the Los Angeles Regional Human Trafficking Task Force, which included agents with the Federal Bureau of Investigation and deputies with the Los Angeles County Sheriff’s Department. The Los Angeles Police Department and the Los Angeles District Attorney’s Office provided substantial assistance in the investigation and prosecution.
This case is being prosecuted by Assistant United States Attorneys Lana Morton-Owens and Joseph Axelrad of the Violent and Organized Crime Section.
Lemoore Man Employed at Naval Air Station Charged with Embezzlement and Theft of Union AssetsRead the Press Release
FRESNO, Calif. — A federal grand jury returned a two-count indictment on Thursday against Kevin Crownover, 46, of Lemoore, charging him with embezzlement and theft of union assets and aggravated identity theft, U.S. Attorney McGregor W. Scott announced.
According to court documents, Crownover was the treasurer for a labor organization consisting of mechanics employed at Lemoore Naval Air Station. Between September 2015 and October 2016, he generated at least 70 unauthorized checks and made unauthorized cash withdrawals from the union’s bank accounts, resulting in a loss to the union of at least $50,879. Furthermore, Crownover did so by forging the signature of the union president, which forms the basis of the aggravated identity theft charge.
This case is the product of an investigation by the U.S. Department of Labor, Office of Labor-Management Standards. Assistant U.S. Attorney Laura D. Withers is prosecuting the case.
If convicted, Crownover faces a maximum statutory penalty of five years in prison and a $250,000 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 defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Leakey Man Arrested and Charged with Production of Child PornographyRead the Press Release
In San Antonio this morning, federal and state authorities arrested 36-year-old U.S. Border Patrol Agent Vernon Lee Millican of Leakey, Texas, for production of child pornography, announced United States Attorney John F. Bash; FBI Special Agent in Charge Christopher Combs, San Antonio Division; and Special Agent in Charge Javy Pedroza, Department of Homeland Security – Office of Inspector General, El Paso Office.
A federal criminal complaint filed today charged the defendant with one count of production of child pornography. Upon conviction, Millican faces up to 30 years in federal prison. He remains in federal custody pending a detention hearing expected to occur next week in U.S. Magistrate Court in San Antonio.
The FBI and DHS-OIG are investigating this case. U.S. Customs and Border Protection – Office of Professional Responsibility and the Real County Sheriff’s Office provided valuable assistance with the investigation. Assistant U.S. Attorney Tracy Thompson is prosecuting the case on behalf of the Government.
It is important to note that a complaint is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
Laplace Woman Charged with Stealing Federal Student Aid Funds and Identity TheftRead the Press Release
United States Attorney Peter G. Strasser announced that KENDRA GRAVES, age 31, was charged on January 31, 2019 in a two-count bill of information with theft of government funds, in violation of Title 18, United States Code, Section 641 and identity theft in violation of Title 18, United States Code, Section 1028(a)(7).
According to court documents, GRAVES falsified federal student loan applications and used the stolen student aid monies valued at approximately $200,000 for her own personal use. As part of her scheme to defraud, GRAVES applied for federal financial aid at Delgado Community College in the name of 15 individuals without their knowledge or consent.
If convicted, GRAVES faces a maximum term of imprisonment of 10 years and a fine of $250,000 as to Count 1 and 15 years in prison and a fine of $250,000 as to Count 2. GRAVES also faces three (3) years of supervised release following any term of imprisonment and a $200 special assessment fee.
U.S. Attorney Strasser reiterated that a bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of the U.S. Department of Education, Office of Inspector General, the U.S. Department of Treasury, Internal Revenue Service, and the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Julia K. Evans is in charge of the prosecution.
Kodiak Felon Sentenced to Seven Years for Possessing a Firearm in Furtherance of a Drug Trafficking OffenseRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that a Kodiak man has been sentenced to federal prison for possessing a firearm while trafficking drugs that were intended for distribution in Kodiak, Alaska.
Miguel Angel Angulo, 34, of Kodiak, was sentenced yesterday by Chief U.S. District Judge Timothy M. Burgess, to serve seven years in prison, followed by five years of supervised release and 250 hours of community service. In September 2018, Angulo pleaded guilty to one count of possession of a firearm in furtherance of a drug trafficking offense.
According to court documents, Angulo became the subject of a federal investigation when, in April and May 2018, Angulo began publicly sharing photos and videos on social media, depicting himself possessing and using firearms. Angulo has a prior state felony conviction for a drug trafficking offense, and was therefore prohibited from possessing firearms.
On June 1, 2018, Angulo attempted to flee his residence in Kodiak when state and federal law enforcement agents arrived to execute a search warrant. Law enforcement officers detained Angulo and found him in possession of a Springfield .40 caliber semi-automatic firearm, which he carried to protect himself while trafficking drugs, as well as to protect the proceeds of drug trafficking. Angulo was also in possession of approximately 117 grams of methamphetamine, 61 grams of heroin and an additional 61 grams of cocaine, all with an estimated street value of approximately $100,000. The investigation revealed that Angulo received the narcotics via mail directly from a source in Mexico with ties to the Sinaloa drug cartel.
During Angulo’s sentencing hearing, the court heard testimony that the amount of narcotics in Angulo’s possession was enough to support approximately 1,790 individual uses of illegal drugs. In addition, the presence of the firearm clearly demonstrated Angulo’s major role in the illegal distribution of drugs throughout the remote island of Kodiak. Judge Burgess highlighted Angulo’s “fundamentally flawed” argument that his actions did not pose a threat to the public because he never intended to harm anyone with the firearm, and that he played an overall minor role in the distribution of narcotics in Kodiak. The judge emphasized the need to protect the community from Angulo because of the ravaging effects of his distribution of illegal narcotics, both on the users who purchase them, and the family members, friends, and members of the community who also suffer the consequences of the drug use and addiction.
The Coast Guard Investigative Service (CGIS), the Drug Enforcement Administration (DEA), the Alaska State Troopers (AST), and the Kodiak Police Department (KPD) conducted the investigation leading to the successful prosecution of this case. This case was prosecuted by Special Assistant U.S. Attorney Kelley Stevens.
Keene Woman Sentenced to 18 Months in Prison for Participating in Fentanyl Trafficking ConspiracyRead the Press Release
CONCORD – United States Attorney Scott W. Murray announced that Meghan Bowers, 31, formerly of Keene, New Hampshire, was sentenced on Thursday to 18 months in prison for participating in a conspiracy to distribute fentanyl.
According to court documents and statements made in court, in the course of an ongoing drug trafficking investigation that included wiretaps of certain telephones, investigating agents learned that on March 7, 2018, an individual intended to travel from New Hampshire to a location in Massachusetts to purchase fentanyl. Agents conducted surveillance in the area of the transaction and observed a hand-to-hand exchange between a known drug trafficker and the driver of the car at the driver’s side window. The vehicle left Massachusetts and agents followed it directly to New Hampshire. A New Hampshire State Trooper stopped the vehicle. During the traffic stop, the Trooper subsequently located an orange bag containing approximately 184 grams of fentanyl. Bowers and another occupant of the vehicle admitted that they had been asked to drive another person to Massachusetts to buy drugs and that they had agreed to do so.
Bowers previously pled guilty on August 29, 2018.
“Fentanyl is a deadly drug that has caused grave damage to communities throughout New Hampshire,” said U.S. Attorney Murray. “We will continue to work closely with our law enforcement partners to arrest, prosecute and incarcerate those who attempt to bring fentanyl into the Granite State.”
The case was a collaborative investigation that involved the DEA; the New Hampshire State Police; the Hillsborough County Sheriff’s Office; the Nashua Police Department; the Massachusetts State Police; the Massachusetts Attorney General’s Office; the New Hampshire Attorney General’s Office; the Essex County District Attorney’s Office; the Internal Revenue Service; Immigration and
Customs Enforcement’s Homeland Security Investigations; United States Customs and Border Protection Boston Field Office; the United States Marshals Service; the United States Department of State’s Diplomatic Security Service; the Manchester Police Department; the Lisbon Police Department; the Littleton Police Department; the Seabrook Police Department; the Haverhill (MA) Police Department; the Methuen (MA) Police Department; the Lowell (MA) Police Department; and the Maine State Police.
The case is being prosecuted by Assistant United States Attorneys Georgiana L. Konesky, Seth R. Aframe and Debra M. Walsh.
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
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Kayenta Man Convicted of Assault with a Dangerous Weapon and Simple AssaultRead the Press Release
PHOENIX – On Feb. 1, 2019, Silas Deswood Yazzie, 52, of Kayenta, Ariz, a member of the Navajo Nation, was convicted by a jury of assault with a dangerous weapon and simple assault. Yazzie is scheduled to be sentenced by U.S. District Judge Steven P. Logan in April 2019.
On two separate occasions, Yazzie assaulted unsuspecting victims with a knife. Yazzie sought out the first victim in early June 2018, when he grabbed a knife and swung it at the victim’s stomach after saying he would “teach him a lesson.” The victim had to take a step back to avoid being stabbed. Less than two weeks later, while loitering at a gas station, Yazzie approached the second victim, and demanded money. When the victim refused to comply, Yazzie pulled out a knife, followed the victim to where the victim’s car was parked at a gas pump and attempted to stab the victim. The victim had to evade Yazzie to avoid being stabbed. The crimes occurred on the Navajo Nation Indian Reservation.
The investigation in this case was conducted by the Federal Bureau of Investigation and Navajo Nation Department of Public Safety. The prosecution was handled by Assistant U.S. Attorneys Krista J. Wood and Sharon K. Sexton, District of Arizona, Phoenix.
CASE NUMBER: CR-18-8230-PCT-SPL
RELEASE NUMBER: 2019-04_Yazzie
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Justice Department Settles Immigration-Related Discrimination Claim Against Honda Aircraft Company LLCRead the Press Release
The Justice Department today reached a settlement agreement with Honda Aircraft Company LLC (Honda Aircraft), a wholly owned subsidiary of American Honda Motor Co. Inc., and subsidiary of Honda Motor Co. Ltd., that manufactures and sells business jet aircrafts. The settlement resolves a claim that Honda Aircraft, headquartered in Greensboro, North Carolina, refused to consider or hire certain work-authorized non-U.S. citizens because of their citizenship status, in violation of the Immigration and Nationality Act’s (INA) anti-discrimination provision.
The Department’s independent investigation determined that between August 2015 and December 2016, Honda Aircraft published at least 25 job postings that unlawfully required applicants to have a specific citizenship status to be considered for the vacancies. The Department concluded that the company’s unlawful practice of restricting job vacancies to U.S. citizens and in some cases, to U.S. citizens and lawful permanent residents (LPR), was based on a misunderstanding of the requirements under the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). The discriminatory job postings were published on Honda Aircraft’s website and several third-party websites.
“The Department of Justice is committed to ensuring that employers do not unlawfully exclude non-U.S. citizens because of their citizenship status,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Employers who are subject to the ITAR or the EAR should carefully review their responsibilities under anti-discrimination statutes.”
The ITAR regulates specific exports of defense articles and services, and – absent State Department authorization – limits access to certain sensitive information to “U.S. persons,” which are defined as U.S. citizens, U.S. nationals, lawful permanent residents, asylees, and refugees. The EAR similarly regulates commercial goods and technology that could have military applications. The EAR limits access to export-controlled technology and information to “U.S. persons” absent authorization from the Department of Commerce. Neither the ITAR nor the EAR requires or authorizes employers to hire only U.S. citizens and LPRs. Employers that limit their hiring to U.S. citizens and/or LPRs without legal justification may violate the INA’s anti-discrimination provision.
Under the settlement agreement, Honda Aircraft will pay a civil penalty of $44,626, and remove all specific citizenship requirements from current and future job postings unless they are authorized by law. The agreement also requires certain employees to attend training on the INA’s anti-discrimination provision and ensure that trained personnel review future job advertisements.
The INA’s anti-discrimination provision prohibits employers from discriminating in hiring or recruiting or referring for a fee based on a person’s citizenship, immigration status, or national origin. In the absence of a legal basis (such as a law, regulation, or government contract that requires U.S. citizenship restrictions), employers, recruiters and referrers for a fee may not limit job opportunities or otherwise impose barriers to employment based on an individual’s citizenship or immigration status. By requiring a specific citizenship status as a condition of employment, Honda Aircraft’s job postings created discriminatory barriers for work-authorized individuals and unlawfully excluded U.S. nationals, asylees, refugees, and, in some cases, LPRs.
The Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
More information on how employers can avoid unlawful citizenship status discrimination is available here. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
Applicants or employees who believe they were subjected to discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; or discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.
Justice Department Settles Immigration-Related Discrimination Claim Against Honda Aircraft Company LLCRead the Press Release
WASHINGTON – The Justice Department today reached a settlement agreement with Honda Aircraft Company LLC (Honda Aircraft), a wholly owned subsidiary of American Honda Motor Co. Inc., and subsidiary of Honda Motor Co. Ltd., that manufactures and sells business jet aircrafts. The settlement resolves a claim that Honda Aircraft, headquartered in Greensboro, North Carolina, refused to consider or hire certain work-authorized non-U.S. citizens because of their citizenship status, in violation of the Immigration and Nationality Act’s (INA) anti-discrimination provision.
The Department’s independent investigation determined that between August 2015 and December 2016, Honda Aircraft published at least 25 job postings that unlawfully required applicants to have a specific citizenship status to be considered for the vacancies. The Department concluded that the company’s unlawful practice of restricting job vacancies to U.S. citizens and in some cases, to U.S. citizens and lawful permanent residents (LPR), was based on a misunderstanding of the requirements under the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). The discriminatory job postings were published on Honda Aircraft’s website and several third-party websites.
“The Department of Justice is committed to ensuring that employers do not unlawfully exclude non-U.S. citizens because of their citizenship status,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Employers who are subject to the ITAR or the EAR should carefully review their responsibilities under anti-discrimination statutes.”
The ITAR regulates specific exports of defense articles and services, and – absent State Department authorization – limits access to certain sensitive information to “U.S. persons,” which are defined as U.S. citizens, U.S. nationals, lawful permanent residents, asylees, and refugees. The EAR similarly regulates commercial goods and technology that could have military applications. The EAR limits access to export-controlled technology and information to “U.S. persons” absent authorization from the Department of Commerce. Neither the ITAR nor the EAR requires or authorizes employers to hire only U.S. citizens and LPRs. Employers that limit their hiring to U.S. citizens and/or LPRs without legal justification may violate the INA’s anti-discrimination provision.
Under the settlement agreement, Honda Aircraft will pay a civil penalty of $44,626, and remove all specific citizenship requirements from current and future job postings unless they are authorized by law. The agreement also requires certain employees to attend training on the INA’s anti-discrimination provision and ensure that trained personnel review future job advertisements.
The INA’s anti-discrimination provision prohibits employers from discriminating in hiring or recruiting or referring for a fee based on a person’s citizenship, immigration status, or national origin. In the absence of a legal basis (such as a law, regulation, or government contract that requires U.S. citizenship restrictions), employers, recruiters and referrers for a fee may not limit job opportunities or otherwise impose barriers to employment based on an individual’s citizenship or immigration status. By requiring a specific citizenship status as a condition of employment, Honda Aircraft’s job postings created discriminatory barriers for work-authorized individuals and unlawfully excluded U.S. nationals, asylees, refugees, and, in some cases, LPRs.
The Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
More information on how employers can avoid unlawful citizenship status discrimination is available here. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
Applicants or employees who believe they were subjected to discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; or discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.
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Jury Convicts Man of Producing Child PornographyRead the Press Release
ALEXANDRIA, Va. – A federal jury convicted a Hamilton man today on charges of producing child pornography.
According to court records and evidence presented at trial, in November 2017, Logan Roy McCauley, 25, drove from his residence in Hamilton to West Virginia and picked up a minor he recently had met online. He then drove the minor back to his residence in Hamilton, and, within hours of arriving, engaged in sexual intercourse with the minor for purposes of using a smart phone to record a portion of the sexual encounter. Soon after creating the video, McCauley sent an online message to another person admitting he had made the video that morning. The day after McCauley created the video, law enforcement arrived at McCauley’s residence. At this time, McCauley told law enforcement about the video, which was still on McCauley’s smart phone.
McCauley faces a maximum penalty of 30 years in prison when sentenced on April 26. 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.
This matter was investigated by the FBI Washington Field Office’s Child Exploitation and Human Trafficking Task Force, which is composed of FBI agents, along with detectives from the Fairfax County Police, Arlington County Police, Prince William County Police, Loudoun County Sheriff’s Office, Leesburg Police, Alexandria City Police, Washington Metropolitan Police, Fauquier County Sheriff’s Office, George Mason University Police, United States Marshal’s Service, and agents of various Office of Inspector Generals
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division, and Matthew J. DeSarno, Special Agent in Charge, Criminal Division, FBI Washington Field Office, made the announcement after Senior U.S. District Judge T.S. Ellis III accepted the verdict. Assistant U.S. Attorneys Alexander P. Berrang, Jay V. Prabhu, and Special Assistant U.S. Attorney Gwendelynn E. Bills 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-330.