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Monday 26 November 2018
Chapmanville Man Pleads Guilty to Federal Methamphetamine and Firearm ChargesRead the Press Release
CHARLESTON, W.Va. – A Chapmanville man pled guilty today to drug and firearm charges, announced United States Attorney Mike Stuart. Courtney Edward Dalton, 39, entered his guilty plea to possession with intent to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking before United States District Judge Joseph R. Goodwin. Stuart commended the investigative efforts of the U.S. 119 Task Force and the Federal Bureau of Investigation (FBI).
“When we find guns on drug dealers, we will charge them with both drug and gun crimes,” said United States Attorney Mike Stuart. “We will not tolerate gun-toting drug dealers in our communities.”
On March 13, 2018, as part of an ongoing drug investigation, police stopped Dalton as he was driving on WV Route 10 in Harts, Lincoln County, West Virginia. Upon searching the vehicle, police found approximately 1.5 ounces of methamphetamine, marijuana, scales, and a loaded Taurus 9mm pistol. Dalton admitted that he intended to distribute the methamphetamine and that he carried the pistol in order to protect himself from being robbed of his drugs.
Dalton faces a mandatory minimum sentence of 5 years to life in federal prison when he is sentenced on February 20, 2019. Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Canadian Resident Arrested for Alien SmugglingRead the Press Release
PLATTSBURGH, NEW YORK – Hector Vinicio Howell-Calvo, age 50, a Canadian resident and Costa Rican citizen, was arrested on November 23 for encouraging and inducing three aliens, all Mexican citizens, to illegally enter the United States.
The announcement was made by United States Attorney Grant C. Jaquith; Steven Bronson, United States Customs and Border Protection Port Director for the Champlain Port of Entry; and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.
According to the criminal complaints, Howell-Calvo attempted to drive to the United States through the Mooers, New York, Port of Entry on the morning of November 23, 2018.
During inspection at the Port of Entry, Howell-Calvo admitted to Customs and Border Protection Officers that he drove three Mexican citizens to the Canadian side of the border, where they planned to cross the border on foot, and that Howell-Calvo planned to pick up the Mexican citizens on the United States side of the border and to drive them to Newark, New Jersey.
Border Patrol Agents then found the three aliens walking in Mooers Forks, New York. Further investigation revealed that each of them paid or planned to pay Howell-Calvo 3,000 Canadian dollars in exchange for helping them illegally enter the United States.
The charges in the complaints are merely accusations. The defendants are presumed innocent unless and until proven guilty.
The three Mexican citizens are Martin Soriano-Trujillo, Leobardo Uriel Soriano-Trujillo, and Jose Manuel Rodriguez-Garcia.
Leobardo Soriano-Trujillo and Rodriguez-Garcia have been charged with the misdemeanor crime of illegal entry. Martin Soriano-Trujillo, who was deported from the United States on October 21, 2011, has been charged with illegal re-entry, a felony.
The charge filed against Howell-Calvo carries a maximum sentence of 10 years in prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by U.S. Customs and Border Protection and U.S. Border Patrol, and is being prosecuted by Assistant U.S. Attorney Shira Hoffman.
Buffalo Man Sentenced on Cocaine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Luis Rosario, 42, of Buffalo, NY, who was convicted of attempt to possess with intent to distribute 500 grams or more of cocaine, was sentenced to serve 33 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that on June 8, 2016, the United States Postal Inspection Service executed a federal search warrant on a postal parcel that was addressed to co-defendant Jorge Rivera at a residence on Woodlawn Avenue in Buffalo. The package was mailed from Puerto Rico. The package contained approximately two pounds of a white powdery substance that field-tested positive for the presence of cocaine.
Law enforcement officers replaced the contents of the package with sham and a transmitter that would alert officers when the package was opened. Officers then conducted a controlled delivery of the package to the residence. The package was signed for and accepted by Jorge Rivera. The defendant then arrived at the residence and the package was opened a short time later. When officers then entered the residence, Rivera and Rosario fled down the rear staircase and entered the lower apartment. As they did so, Rivera threw the sham kilogram of cocaine out of the second story window. Both defendants were arrested.
During a search of the residence, officers seized a digital scale, packaging equipment, and cell phones.
Jorge Rivera was previously convicted and is awaiting sentencing.
The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin, Boston Division.
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Brooklyn Man Sentenced to 72 Months in Jail for Possession with Intent to Distribute Crack CocaineRead the Press Release
Christina E. Nolan, United States Attorney for the District of Vermont, stated that Shane David, 24, of Brooklyn, New York, was sentenced today in United States District Court in Burlington by U.S. District Court Judge Christina Reiss, to 72 months in prison followed by four years of post-release supervision, for possession with intent to distribute approximately 1.4 kilograms of crack cocaine and 1.05 kilograms of marijuana.
According to court records, on October 14, 2017, David was stopped by Vermont State Police for speeding on VT Route 22A in West Haven, Vermont. A subsequent investigation led to substantial seizures from the vehicle of crack cocaine and marijuana with a combined street value of between $170,000 and $200,000.
On January 11, 2018, David was indicted by a federal grand jury on a one-count indictment charging him with Possession with Intent to Distribute crack cocaine and marijuana. David pleaded guilty to a Superseding Information on August 10, 2018, pursuant to a negotiated plea agreement.
The case was jointly investigated by the Vermont State Police and the Federal Bureau of Investigation. The United States Attorney commends those agencies for their work and cooperation. David was represented by Assistant Federal Public Defender Elizabeth Quinn. The prosecutor was Assistant U.S. Attorney Abigail Averbach.
Bronx Men Plead Guilty in Manhattan Federal Court to Explosives ChargesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that CHRISTIAN TORO and TYLER TORO pled guilty to manufacturing and possessing a destructive device, and conspiring to do so, in connection with their stockpiling of explosive materials and manufacture of a destructive device. Both defendants pled guilty today in Manhattan federal court before U.S. District Judge Richard M. Berman. They are scheduled to be sentenced on March 26, 2019, CHRISTIAN TORO at 11:00 a.m. and TYLER TORO at 2:00 p.m.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As admitted in court today, Christian Toro and Tyler Toro sought to build a destructive device that could have caused great damage. Christian Toro used a minor student to assist him in this endeavor. Thanks to the excellent work of the FBI and the NYPD, no one was injured as a result of this grave conduct, and the defendants now await sentencing for their crimes.”
According to the allegations in the Complaint, the Indictment, and statements made during court proceedings:
Between approximately October 2017 and February 2018, CHRISTIAN TORO and TYLER TORO conspired to build and possess a destructive device at their residence in the Bronx, New York (the “Residence”). CHRISTIAN TORO, a former teacher at a high school in Harlem, New York (the “School”), paid students from the School for their assistance in manufacturing the destructive device, doling out approximately $50 per hour in return for the students’ work dismantling fireworks and storing the explosive powder contained within those fireworks in containers. CHRISTIAN TORO also had on his School laptop a copy of a book that provided instructions for, among other things, manufacturing explosive devices.
On February 15, 2018, law enforcement agents searched the Residence pursuant to a judicially authorized search warrant. In a bedroom shared by CHRISTIAN TORO and TYLER TORO, law enforcement agents recovered numerous components for use in building a destructive device and other dangerous substances, including: (i) a glass jar containing low explosive powder; (ii) a strip of magnesium metal; (iii) approximately twenty pounds of iron oxide; (iv) approximately five pounds of aluminum powder; (v) a mixture of iron oxide and aluminum powder, the key ingredients for thermite; (vi) approximately five pounds of potassium nitrate; (vii) a cardboard box containing firecrackers; and (viii) metal spheres, which can be used as fragmentation for a bomb.
Also in the Residence, law enforcement agents found a handwritten diary labeled with TYLER TORO’s name, which stated, among other things, “WE ARE TWIN TOROS STRIKE US NOW, WE WILL RETURN WITH NANO THERMITE” and “I AM HERE 100%, LIVING, BUYING WEAPONS. WHATEVER WE NEED.” Agents also recovered a page inside a notebook found in the Residence labeled “Operation Flash,” with a ledger appearing to delineate the hours worked and payment owed to one of the School’s students.
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CHRISTIAN TORO, 28, and TYLER TORO, 28, both of the Bronx, New York, each pled guilty to one count of conspiracy to manufacture and unlawfully possess a destructive device, which carries a maximum sentence of five years in prison; one count of unlawfully manufacturing a destructive device, which carries a maximum sentence of 10 years in prison; and one count of unlawfully possessing a destructive device, which carries a maximum sentence of 10 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as the defendants’ sentences will be determined by Judge Berman.
U.S. Attorney Berman praised the outstanding investigative work of the Federal Bureau of Investigation’s (“FBI”) New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the New York City Police Department.
This prosecution is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant United States Attorney Elizabeth A. Hanft is in charge of the prosecution.
Bridgeport Man Charged with Committing Multiple RobberiesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that a federal grand jury in New Haven has returned an indictment charging ALVIN ROBERTSON, 55, of Bridgeport, with three counts of bank robbery and two counts of interference with commerce by robbery.
The indictment was returned on October 16, 2018. Robertson appeared today before U.S. Magistrate Judge William I. Garfinkel in Bridgeport and entered a plea of not guilty to the charges. He has been detained since his arrest on related state charges on September 27, 2018.
The indictment alleges that Robertson robbed a Subway store located at 9 Ethan Allen Highway in Ridgefield on May 20, 2018; a Subway store located at 447 Monroe Turnpike in Monroe on July 22, 2018; a People’s United Bank branch located at 470 Monroe Turnpike in Monroe on August 29, 2018; a People’s United Bank branch located at 763 Straits Turnpike in Watertown on September 21, 2018, and a People’s United Bank branch located at 1135 Farmington Avenue in Berlin on September 25, 2018.
If convicted, Robertson faces a maximum term of imprisonment of 20 years on each count.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Federal Bureau of Investigation and the Watertown, Ridgefield, Monroe and Berlin Police Departments. The case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Berkeley County man indicted for illegal firearms salesRead the Press Release
MARTINSBURG, WEST VIRGINIA – William Loren Hoffman, of Falling Waters, West Virginia, appeared today in federal court after being indicted by a federal grand jury sitting in Martinsburg on November 21, 2018 for firearms sales violations, United States Attorney Bill Powell announced.
Hoffman, age 52, is charged with two counts of “Sale to a Prohibited Person” and two counts of “Making a False Entry in records by Federal Firearms Dealer.” Hoffman is accused of knowingly selling a .45 ACP caliber Hi-Point rifle to a convicted felon and knowingly failing to make an appropriate entry of the sale in his records. The crimes allegedly took place in October 2018 in Berkeley County.
Hoffman faces up to 10 years incarceration and a fine of up to $250,000 for each of the sale counts and faces up to one year incarceration and a fine of up to $100,000 for each of the entry counts. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Attorney General’s Office has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, the Attorney General announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Assistant U.S. Attorney Lara K. Omps-Botteicher is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Behavioral Health Counselor Sentenced to Prison for Defrauding MedicaidRead the Press Release
OKLAHOMA CITY – SAMUEL OKERE, 61, of Oklahoma City, has been sentenced to a year in prison for Medicaid fraud, announced Robert J. Troester of the United States Attorney’s Office and Mike Hunter, Oklahoma Attorney General.
Okere was a licensed professional counselor and owner of New Life Counseling Services. On November 15, 2017, a federal grand jury charged him with 224 counts of defrauding the Oklahoma Health Care Authority through false claims for behavioral health counseling. In particular, the indictment alleged that Okere billed for counseling sessions for multiple individuals, primarily children, at times when he could not have been counseling them. For example, some of the times and dates billed were when clients were at school. Others were when Okere was engaged in activities inconsistent with counseling, such as speaking on the phone with representatives of the Oklahoma Health Care Authority.
Okere pleaded guilty to health care fraud on April 3, 2018.
Today U.S. District Judge Stephen P. Friot sentenced Okere to a year and a day in federal prison, to be followed by three years of supervised release. Pursuant to his plea agreement, he has paid $141,545.16 in restitution to Medicaid. A portion of the restitution will go to SoonerCare and a portion to the Centers for Medicare and Medicaid Services. Judge Friot also ordered Okere to pay a fine of $10,000.
This case was the result of an investigation by the Oklahoma Attorney General’s Medicaid Fraud Control Unit. Assistant U.S. Attorney Amanda Maxfield Green and Assistant Oklahoma Attorney General Lory Dewey, who is also a Special Assistant U.S. Attorney, are prosecuting the case. Reference is made to court filings for further information.
Friday 23 November 2018
Westwego Man Indicted for Mail Fraud and Aggravated Identity TheftRead the Press Release
NEW ORLEANS, LOUISIANA – KHANH BUI, age 42, a resident of Westwego, Louisiana, was charged by a federal grand jury on November 9, 2018 in a nine-count indictment for mail fraud and aggravated identity theft, announced U.S. Attorney Peter G. Strasser.
According to court documents, BUI fraudulently obtained credit cards and false California driver’s licenses in order to obtain money and property from home improvement stores.
If convicted, BUI faces 20 years of imprisonment and a $250,000 fine for mail fraud. BUI also faces a mandatory consecutive two-year sentence in addition to any sentence for mail fraud if convicted of aggravated identity theft.
U.S. Attorney Strasser reiterated that the indictment 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 United States Postal Inspection Service in investigating this matter. The prosecution of this case is being handled by Assistant U. S. Attorney G. Dall Kammer, Supervisor of the General Crimes Unit.
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U.S. Attorney's Office Announces DOJ Grant of $300,000 to VIPD to Support the Body-Worn Camera Policy and Implementation ProgramRead the Press Release
United States Attorney Gretchen C.F. Shappert announced today that the Virgin Islands Police Department is the recipient of $ 300,000 as part of the Department of Justice (DOJ) Body-Worn Camera Policy and Implementation Program. DOJ’s Bureau of Justice Assistance awarded more than $12.2 million to 75 law enforcement agencies to support implementation and expansion of comprehensive body-worn camera programs. This funding will enable law enforcement agencies to improve their capacity to collect evidence and protect the safety of law enforcement officers and citizens. "The Body-Worn Camera (BWC) program is designed to implement the Department’s priority of supporting America’s law enforcement by providing the necessary technical assistance so that police officers can do their jobs more effectively," Shappert said. "Body-worn cameras are important investigative tools in the law enforcement toolbox."
The intent of the program is to help agencies develop, implement, and evaluate a BWC program as one tool in a law enforcement agency's comprehensive problem solving approach to enhance officer safety and build community trust. Elements of such an approach include: implementation of a BWC program developed in a planned and phased approach; implementation of appropriate privacy policies; implementation of operational procedures and tracking mechanisms; training of local officers, administrators, and associated agencies that require access to digital multimedia evidence; and the adoption of practices and deployment of BWC programs appropriately addressing operational requirements.
For a complete list of individual grant programs, amounts awarded, and the jurisdictions that will receive funding, visit https://go.usa.gov/xPUfH. Additional information about Fiscal Year 2018 OJP grant awards can be found online at https://go.usa.gov/xnqk5.
Department of Justice Releases Annual Report to Congress on Indian Country Investigations and ProsecutionsRead the Press Release
NOTE: The entire report can be found here.
WASHINGTON - The Department of Justice released today its annual report to Congress, Indian Country Investigations and Prosecutions, which provides a range of enforcement statistics required under the Tribal Law and Order Act, as well as information about the progress of the Department’s initiatives to reduce violent crime and strengthen tribal justice systems.
The report reveals that in 2017, U.S. Attorney Offices prosecuted a majority of Indian country cases presented to them. U.S. Attorney Offices declined prosecution of a minority of cases presented to them primarily due to insufficient evidence or referral to another prosecuting authority, such as a tribal prosecutor. The report also shows that the FBI closed 12.5 percent more investigations in 2017 than in 2016 (see detailed findings below).
“The Department of Justice is committed to public safety in Indian country,” said Deputy Attorney General Rod J. Rosenstein. “We have demonstrated this commitment over the past two years by investing substantial resources and supporting innovative programs that empower federal and tribal prosecutors and build the capacity of tribal justice systems. Today’s report demonstrates that our work makes a difference. Lasting public safety improvements in Indian country are best achieved when federal, state, and tribal law enforcement agencies work together.”
“The Justice Department’s Indian Country Investigations and Prosecutions Report reflects that the many coordinated efforts among United States Attorneys and tribal justice officials are making a difference,” said Trent Shores, U.S. Attorney for the Northern District of Oklahoma, and Chairman of the Attorney General’s Advisory Subcommittee on Native American Issues. “Our work continues, and we must be resolute, in order to meet the challenges prevalent in American Indian and Alaska Native communities. In August, the Attorney General's Native American Issues Subcommittee met and renewed our commitment to finding meaningful and practical tools to help put an end to the disproportionate rates of violence afflicting Native Americans. Among these, the department is expanding the use of cross-deputization agreements, access to criminal databases, funding for juvenile programs serving at-risk native youth, and services to victims and their families. We must continue to work together and find solutions to violent crime and drug trafficking in Indian Country. United States Attorneys are committed to upholding the federal trust responsibility and the rule of law in Indian Country.”
The Trump Administration has strengthened the Department’s commitment to Indian Country by prioritizing the reduction of violent crime throughout the United States—including in Indian Country. This reflects a recognition that Native Americans suffer from persistently high rates of violent crime, particularly domestic and sexual abuse of women and children, and like many communities in the United States, have been hit hard by both opioid and methamphetamine abuse.
In April 2017, as part of the Department’s efforts under the Task Force on Crime Reduction and Public Safety, Attorney General Jeff Sessions announced a series of actions the Department would take to support law enforcement and maintain public safety in Indian Country.
The Justice Department recognizes that investigating crime and prosecuting those responsible is critical to public safety in Indian Country. To that end, the Justice Department’s partnerships with tribes, as well as all federal, state and local law enforcement, are crucial to success. The Department deploys innovative programs such as the Tribal Access Program, Tribal Special Assistant U.S. Attorneys, and numerous grant programs that enhance partnerships, increase information sharing, build capacity for local criminal justice systems, and provide services to victims of crime.
According to the report, in 2017 implementation of the Violence Against Women Reauthorization Act of 2013 (VAWA 2013) remained an important priority for the Department. Federal prosecutors continued to utilize the federal assault charges created by VAWA 2013. In Calendar Year (CY) 2017, federal prosecutors filed cases against 139 defendants under VAWA 2013’s enhanced federal assault statutes, which include enhanced sentences for certain crimes of domestic violence such as strangulation and stalking. They obtained 134 convictions (an increase of 30% from CY 2016 (103)). Also in CY 2017, prosecutors filed cases against 43 defendants in Indian country cases using the domestic assault by a habitual offender statute, 18 U.S.C. § 117, and obtained 29 convictions.
Cooperation among federal and tribal law enforcement and victim advocates is key to successfully prosecuting sexual assault crimes in Indian country. As of 2017, every U.S. Attorney Office with Indian country responsibilities has developed federal sexual violence guidelines designed to improve the federal response to sexual abuse in tribal communities.
The report also notes that the Tribal Liaison Program remains one of the most important components of the Department’s efforts in Indian country. TLOA requires that the U.S. Attorney for each district with Indian country appoint at least one Assistant United States Attorney to serve as a Tribal Liaison for that district. They foster and facilitate relationships between federal and tribal partners that are vital to reducing violent crime. As part of their duties, Tribal Liaisons assist in developing multi-disciplinary teams to combat child abuse, work with SART teams on sexual abuse response, conduct community outreach, and coordinate the prosecution of federal crimes.
The information contained in the report shows the following:
- FBI’s CY 2017 statistics show a 12.5 percent increase in total closed investigations (2,210 total) compared to FBI’s CY 2016 statistics (1,960 total). The FBI has investigative responsibility for federal crimes committed on approximately 200 Indian Reservations. This responsibility is shared concurrently with BIA-OJS and other federal agencies with a law enforcement mission in Indian country
- Approximately 79.5 percent (1,511 out of 1,900) of Indian country criminal investigations opened by the FBI were referred for prosecution.
- Of the 699 Indian country investigations that the FBI closed administratively without referral for prosecution, the primary reason for closing (approximately 21 percent) was that the case did not meet statutory definitions of a crime or U.S. Attorney’s Office (USAO) prosecution guidelines. In addition, analysis of CY 2017 data indicates that 15 percent of investigations closed administratively were closed due to unsupported allegations, meaning no evidence of criminal activity was uncovered during the investigations. Another reason for non-referral (20 percent) was that the deaths under investigations were determined to be the result of accident, suicide, or natural causes.
- 84 percent (141 out of 167) of the death investigations that were closed administratively by the FBI in CY 2017 were closed because the death was due to causes other than homicide (i.e., accidents, suicide, or natural causes).
- In CY 2017, the USAOs resolved 2,390 Indian country matters.
- The majority of Indian country criminal matters resolved by the USAOs in CY 2017 (1,499 out of 2,390) were prosecuted (charges filed in either District or Magistrate Court).
- The USAO declination rate remained relatively steady. USAO data shows that in CY 2017, 37% (891) of all (2,390) Indian country matters resolved were declined. USAOs declined cases at a similar rate in prior years: 34% (903) of all Indian country matters resolved (2,666) in CY 2016; 39% (1,043) of all Indian country matters resolved (2,655) in CY 2015; 34% (989) of all Indian country matters resolved (2,886) in CY 2014; 34% (853) of all Indian country matters resolved (2,514) in CY 2013; 31% (965) of all Indian country matters resolved (3,097) in CY 2012; and 38% (1,042) of all Indian country matters resolved (2,767) in CY 2011.
- The most common reason for declination by USAOs was insufficient evidence (70.9% in CY 2017, 68.0% in CY 2016, 71.7% in CY 2015, 59.6% in CY 2014, 55.6% in CY 2013, and 52% in CY 2012). The next most common reason for declination by USAOs was referral to another prosecuting authority (13.2% in CY 2017, 16.4% in CY 2016, 13.8% in CY 2015, 16.3% in CY 2014, 20.8% in CY 2013, and 24% in CY 2012).
The data presented in this report covers only those offenses reported to the FBI and federal prosecutors. The majority of criminal offenses committed, investigated, and prosecuted in Indian Country are adjudicated in tribal justice systems. In much of Indian Country, tribal law enforcement and tribal justice systems hold criminals accountable, protect victims, provide youth prevention and intervention programs, and confront precursors to crime such as alcohol and substance abuse. These efforts are often in partnership with federal agencies or accomplished with support from federal programs and federal funding opportunities.
Read the entire report at www.justice.gov/tribal/tloa.html
Read about the Justice Department’s efforts to increase public safety in Indian County at www.justice.gov/tribal/accomplishments.html
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Thursday 22 November 2018
Deputy Attorney General Rod Rosenstein Delivers the Keynote Address at the 87th INTERPOL General Assembly in Dubai, United Arab EmiratesRead the Press Release
Deputy Attorney General Rod Rosenstein recently traveled to Dubai, United Arab Emirates, to deliver the keynote address at the 87th INTERPOL General Assembly.
Deputy Attorney General Rod Rosenstein delivers the keynote remarks at the 87th INTERPOL General Assembly.
The Deputy Attorney General’s remarks focused on the opportunities and challenges faced by law enforcement in the cyber age, and emphasized the need for member nations to uphold and advance the rule of law. Although the Internet “holds immeasurable promise as a repository of ideas, and as a forum for speech and commerce,” he stated, it also can be “exploited by wrongdoers” “to damage information systems, steal data, commit fraud, violate privacy, attack critical infrastructure, and sexually exploit children. They also launch misleading schemes to influence people’s opinions, seeking to foment division and disrupt democratic processes.” In light of the risks posed by “malicious actors [who] use the Internet for evil ends,” the Deputy Attorney General called out those nations—like Russia—that have refused to extradite cybercriminals and instead have recruited them to carry on their crimes safe from international criminal process.
Before an audience of more than 1,000 delegates from over 150 nations, Deputy Attorney General Rosenstein promised that the United States would continue to “expose schemes to manipulate the extradition process” and “identify nations that routinely block the fair administration of justice and fail to act in good faith.” By doing so, he stated, nations around the world can ensure that “cyber criminals . . . find no safe haven, either on the dark web or within national borders.”
Deputy Attorney General Rosenstein learning about the history of Dubai on top of the Burj Khalifa.
The Deputy Attorney General also highlighted “several prominent challenges to the rule of law” within INTERPOL and its member nations, including “the lawless attacks on Sergei and Yulia Skripal and Jamal Khashoggi” and “the disappearance of [former INTERPOL] President Meng Hongwei.” Such events, he said, “give rise to questions about whether our member countries abide by shared principles.” The Deputy Attorney General reminded INTERPOL member nations of their obligation to “support leaders and policies that promote international police coordination and preserve the rule of law—in practice, and not just in theory.”
Three days later, INTERPOL member nations answered the call when the General Assembly voted to elect Kim Jong Yang of South Korea as INTERPOL’s next president. The United States had strongly endorsed Mr. Kim in light of his commitment to upholding policies that advance international police coordination and preserve the rule of law.
In addition to delivering the keynote address, Deputy Attorney General Rosenstein met with senior officials from INTERPOL and several member nations in attendance at the General Assembly to discuss opportunities for promoting cooperation between law enforcement partners and the pursuit of justice across international borders.
Prior to the Deputy Attorney General’s trip, teams from the United States and the UAE had completed the latest round of negotiations on a mutual legal assistance treaty between the two countries. Mutual legal assistance treaties allow generally for the United States and its treaty partner to quickly obtain evidence needed for important investigations and trials in both countries. If approved by both countries, this would be the first such treaty between the United States and a Gulf region nation. Deputy Attorney General Rosenstein met with His Excellency Abdul Rahman Al-Baloushi, Director of International Cooperation, UAE Ministry of Justice, to discuss the next steps and other ongoing activities to maintain the robust and positive law enforcement relationship between the two countries.
While in the United Arab Emirates, the Deputy Attorney General met with United States Embassy staff, led by Charge d'Affaires Steve Bondy.
Wednesday 21 November 2018
United States Attorney Alex G. Tse Congratulates Judges Ioana Petrou and Tracie L. Brown on Their Appointments to the California Courts of AppealRead the Press Release
SAN FRANCISCO – United States Attorney Alex G. Tse congratulated Superior Court Judges Ioana Petrou and Tracie L. Brown on their respective selections by Governor Edmund G. Brown Jr. for appointments to First District Court of Appeal. Both selectees worked for the Office of the United States Attorney for the Northern District of California.
Judge Petrou, who has been appointed associate justice for Division Three of the First District Court of Appeal, served as an Assistant U.S. Attorney in the Northern District of California from 2004 to 2010. Judge Petrou also served as an Assistant U.S. Attorney in the Eastern District of New York from 2000 to 2002. Judge Brown, who has been appointed associate justice for Division Four of the First District Court of Appeal, served as an Assistant U.S. Attorney from 2002 to 2013. Both appointments require confirmation by the California Commission on Judicial Appointments.
“We are proud to see the elevation of these former assistant U.S. attorneys to the California Courts of Appeal,” said U.S. Attorney Tse. “I am certain that both Judge Petrou and Judge Brown will continue to serve with distinction as justices of the California Courts of Appeal.”
Two Western Massachusetts Men Charged with Armed RobberyRead the Press Release
BOSTON – Two western Massachusetts men were arrested and charged today in federal court in Springfield in connection with at least nine armed robberies throughout western Massachusetts.
Alfredo Aldeco, 32, of Holyoke, and Emilio Rivera, 30, of Springfield, were each charged by criminal complaint with one count of interference with commerce by robbery and aiding and abetting. Rivera and Aldeco were arrested today and will appear in federal court in Springfield today at 2:00 p.m.
According to court documents, between Oct. 25, 2018, and Nov. 14, 2018, there were at least nine armed robberies of convenience stores located in Holyoke, Chicopee, Florence, West Springfield, and Agawam. Investigations into the robberies led law enforcement to determine that the same two men were involved in many of the robberies. During each of the robberies, a suspect brandished a distinctive long-barreled, black firearm-type object, and during at least one of the robberies, the suspect threatened to “come back and kill” the store clerk if the clerk called the police.
The charge of interference with commerce by robbery provides for a sentence of no greater than 20 in prison, up to three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Lawrence Panetta, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives made the announcement. The West Springfield, Holyoke, Agawam, Chicopee, Northampton, and Springfield Police Departments provided valuable assistance to the investigation. Assistant U.S. Attorney Deepika Bains Shukla of Lelling’s Springfield Branch Office 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.
Two Members of Heroin Trafficking Group Each Sentenced to at Least a Decade in Federal PrisonRead the Press Release
Two men who worked with each other and others to sell heroin throughout the Cedar Rapids area, were sentenced on November 19, 2018, to lengthy federal prison terms.
Garland Lightfoot, age 28, and Rolando Brown, age 30, both from Chicago, Illinois, received the prison sentences after their guilty pleas to heroin-related crimes. Lightfoot pled guilty on June 25, 2018, to the distribution of heroin after a prior drug felony conviction, and was sentenced to over fifteen years in prison. Brown received a sentence of ten years in prison after his June 19, 2018, guilty plea to conspiracy to distribute 100 grams or more of heroin near a protected location after a prior drug felony conviction.
According to sentencing documents and information disclosed during the sentencing hearing, Lightfoot and Brown were involved with a group of heroin dealers from at least February 2018 through April 2018. During that time, the group had at least eighty customers and made, on average, twenty sales of heroin per day. One additional member of this group, Eddy Watt, was previously sentenced to more than five years’ imprisonment.
Lightfoot and Brown were sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Lightfoot was sentenced to 188 months’ imprisonment followed by a six-year term of supervised release. Brown was sentenced to 120 months’ imprisonment, and must serve an eight-year term of supervised release following his prison term. There is no parole in the federal system. Lightfoot and Brown are both being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-42. The case file number for Eddy Watt is 18-CR-43.
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Two Dallas Area Clinic Workers Charged in $5.9 Million Health Care Fraud SchemeRead the Press Release
A federal grand jury indicted two clinic workers yesterday for their roles in a scheme involving approximately $5.9 million in allegedly fraudulent Department of Labor claims for unprovided drug screening and improperly coded physical therapy and report writing services.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Erin Nealy Cox of the Northern District of Texas, Special Agent in Charge Monte A. Cason of the Department of Justice Office of the Inspector General (DOJ- OIG) Dallas Field Office, Special Agent in Charge Christopher Cave of the U.S. Postal Service Office of Inspector General (USPS-OIG) Southern Area Field Office, and Special Agent in Charge Steven Grell of the U.S. Department of Labor Office of Inspector General (DOL-OIG) Dallas Region, made the announcement.
Melissa Sumerour, 47, Waco, Texas and Latosha Morgan, 41, of Dallas, Texas were each indicted on one count of conspiracy to commit health care fraud.
According to the indictment, from January 2011 to March 2017, Sumerour, Morgan and their co-conspirators allegedly engaged in an “upcoding” scheme to bill DOL for more expensive services than those that were actually performed, if any. The defendants allegedly defrauded DOL of approximately $5.9 million through fraudulent worker’s compensation claims. The indictment alleges that Sumerour and Morgan worked at clinics in Temple and Fort Worth, Texas, respectively, which treated almost exclusively DOL patients and that they routinely billed for higher reimbursable services in order to earn bonuses based on the percentage that their clinics billed.
The charges in the indictment are merely allegations and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The DOJ-OIG, USPS-OIG and DOL-OIG investigated the case. Assistant Chief Adrienne Frazior of the Criminal Division’s Fraud Section is prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and the U.S. Department of Health and Human Services (HHS) to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.
Three Ohio Men Plead Guilty in Case Involving Sexual Abuse of ToddlersRead the Press Release
COLUMBUS, Ohio – All three defendants in a child pornography case have pleaded guilty in U.S. District Court.
David E. Fairchild, 45, of Kirkersville, Ohio pleaded guilty today. Jesse G. Szuba, 31, of Newark, Ohio, pleaded guilty pleaded guilty in late August. Mike Allen, 36, of Heath, Ohio pleaded guilty on October 30.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Franklin County Sheriff Dallas Baldwin, Steve Francis, Special Agent in Charge, Homeland Security Investigations (HSI), and other members of the Franklin County Internet Crimes Against Children (ICAC) Task Force announced the pleas entered into before U.S. District Judge Michael H Watson.
The three men were charged in May 2018 in a second superseding indictment that was unsealed in late October.
According to court documents, in January 2018, the Franklin County ICAC Task Force received a CyberTip from the National Center for Missing and Exploited Children (NCMEC) regarding a video depicting child sexual abuse. The video was uploaded to Google from the username “David TwistedBottomFreak Fairchild” and depicted an adult male anally penetrating a toddler-aged child.
Fairchild sexually abused a female victim, born in 2016, and created child pornography involving the victim.
Likewise, Szuba attempted to produce child pornography involving a boy born in 2014.
Szuba and Fairchild met on Craigslist and communicated with each other about sexually abusing the toddlers. During their communications, they exchanged child pornography files and discussed plans to engage in various sex acts with each other and the victims.
Further, Szuba suggested other sex acts that Fairchild perpetrate against the female victim and asked Fairchild to send Szuba pictures or videos of that abuse.
In response to watching a video of Fairchild sexually abusing the toddler girl, Szuba messaged Fairchild that he “liked” the video “espically [sic] when she started whimpering.” Between January 26 and January 31, 2018, Szuba repeatedly requested, and Fairchild repeatedly sent, images and videos depicting sexual abuse of the female toddler.
Fairchild sent child pornography files to Allen, as well.
Fairchild pleaded guilty to conspiring to produce child pornography, a federal crime punishable by a range of 15 to 30 years in prison and committing the offense while required to register as a sex offender, which carries a mandatory 10-year sentence consecutive to any other sentence. Szuba pleaded guilty to advertising for child pornography, which is also punishable by a range of 15 to 30 years in prison. Allen pleaded guilty to receiving child pornography, which carries a potential sentence of five to 20 years in prison.
U.S. Attorney Glassman commended the investigation of this case by the Franklin County ICAC Task Force, HSI, FBI and Ohio Attorney General’s Bureau of Criminal Investigation (BCI), as well as Assistant United States Attorneys Heather A. Hill and Jonathan J.C. Grey, who are prosecuting the case.
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Tennessee man sentenced to more than 8 years for receiving child pornography from Louisiana minorRead the Press Release
ALEXANDRIA, La. – United States Attorney David C. Joseph announced that a Tennessee man was sentenced Tuesday to eight years in prison for receiving sexually explicit images from a Louisiana minor.
Dustin Ray Spears Sr., 28, of Athens, Tennessee, was sentenced by U.S. District Judge Dee. D. Drell on one count of receiving child pornography. He was also sentenced to 10 years of supervised release and is required to register as a sex offender. According to the August 7, 2018 guilty plea, Spears began conversing online in June of 2017 with a 15-year-old minor female from Louisiana. In October of 2017, he traveled to northern Louisiana and had sexual intercourse with the minor. After learning of the relationship, the female’s sister informed authorities. Law enforcement agents then searched Spears’ phone and found sexually explicit images. After reviewing email and online chat messages, agents determined that Spears had enticed the minor to send images and video of herself.
This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood combines 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.
The U.S. Department of Homeland Security and U.S. Immigration & Customs Enforcement (ICE) also encourage the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) 347-2423. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online by visiting their website at www.ice.gov/exec/forms/hsi-tips/tips.asp or through the Operation Predator smartphone application www.ice.gov/predator/smartphone-app. Tips may be submitted anonymously.
Homeland Security Investigations and the Winn Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney John Luke Walker prosecuted the case.
Sumrall Man Sentenced to Nearly 12 Years in Prison for Illegally Possessing Firearms and an Unregistered SilencerRead the Press Release
Hattiesburg, Miss. - Asa Jefferson Sanford, Jr., 61, of Sumrall, was sentenced yesterday by U.S. District Judge Keith Starrett to serve a total of 140 months in federal prison, followed by 3 years of supervised release, for being a felon in possession of firearms and possessing a silencer which was not registered to Sanford in the National Firearms Registration and Transfer Record, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives. Sanford was also ordered to pay a $10,000 fine.
On July 20, 2015, law enforcement officers executed state search warrants on Sanford’s vehicle and home. During the search, state and federal agents seized numerous firearms and ammunition in Sanford’s possession, as well as an unregistered silencer. Sanford has six prior felony convictions.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Jefferson Davis County Sheriff’s Office, and the Drug Enforcement Administration Task Force. It was prosecuted by Assistant U.S. Attorney Andrea Jones.
Stroudsburg Man Indicted on Child Pornography ChargesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Daniel Palmitessa, age 33, of Stroudsburg, Pennsylvania, was indicted on November 20, 2018, by a federal grand jury on child pornography charges.
According to United States Attorney David J. Freed, the indictment alleges that Palmitessa produced and possessed images of child pornography and attempted to entice two minors to engage in sexual activity.
The case was investigated by the Pennsylvania State Police and the Federal Bureau of Investigation (FBI). Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Sting Operation Nabs Spa Proprietor Mongering Illicit SexRead the Press Release
Following a sting operation at a Dallas hotel earlier this month, law enforcement liberated dozens of women sold for sex, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox. This week, a federal grand jury indicted Helen Kim – the alleged proprietor of the prostitution ring – on racketeering charges.
“It takes a lot of coordination to ensure an operation like this goes without a hitch. I’m proud of the way law enforcement came together to fight for these young women,” said Nealy Cox. “The defendant’s willingness to demean women for financial gain is sickening. We cannot and will not allow this type of behavior to go unchecked in North Texas.”
More than 50 officers from the Dallas Police Department, the Texas Department of Public Safety, and Homeland Security Investigations participated in the Nov. 1 undercover operation. Agents, posted at the hotel bar and in rooms upstairs, posed as out-of-town businessmen prepared to pay for illicit sex.
According to the indictment, Ms. Kim, 58, had agreed to provide dozens of women for that very purpose.
In earlier conversations with a confidential informant and an undercover Dallas Police Department detective, Ms. Kim and her 36-year-old son allegedly negotiated private sexual liaisons with 20 to 25 women at a rate of $2,000 each, for a total of at least $40,000. The pair promised the “girlfriend experience,” and even allowed the CI and UD to meet several of the women at a local Sushi bar.
During another meeting at a nearby Starbucks, Ms. Kim allegedly accepted an upfront payment of $5,000. She insisted the men should not talk publicly about the affair.
“The way this is set up,” her son told the undercover officer, “it could be considered human trafficking.”
At the Nov. 1 sting, Ms. Kim accepted the remainder of the cash, paid in marked bills, and was taken into custody shortly thereafter. Several of the women in her employ were taken to Mosaic House, a local shelter for women fleeing human trafficking. Many had been living at her purported “spas,” Pink One and Illusion, impelled to cater to customers at all times of the day and night.
If convicted, Kim faces up to five years in federal prison. Prosecutors have seized assets from her home and massage parlors.
An Indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law. Assistant U.S. Attorneys Ryan Raybould and Cara Foos Pierce are prosecuting the case.
At the Nov. 1 sting, Ms. Kim accepted the remainder of the cash, paid in marked bills, and was taken into custody shortly thereafter. Several of the women in her employ were taken to Mosaic House, a local shelter for women fleeing human trafficking. Many had been living at her purported “spas,” Pink One and Illusion, impelled to cater to customers at all times of the day and night.
If convicted, Kim faces up to five years in federal prison. Prosecutors have seized assets from her home and massage parlors.
An Indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law. Assistant U.S. Attorneys Ryan Raybould and Cara Foos Pierce are prosecuting the case.
Saratoga County Man Admits Machine Gun Possession and Possessing Handguns in Furtherance of a Drug Trafficking CrimeRead the Press Release
ALBANY, NEW YORK – Justin W. May, age 36, of Edinburg, New York, pled guilty today to possessing a machine gun, possessing handguns in furtherance of a drug trafficking crime, and manufacturing marijuana.
The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge Ashan M. Benedict of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York Field Office; and New York State Police Superintendent George P. Beach II.
On April 12, 2016, the New York State Police responded to a call for shots fired on Fox Hill Road in Edinburg. Upon arrival, one individual was immediately taken into custody, but the second shooter, later identified as May, was not visible. In response, State Police members looked around May’s property and observed a marijuana grow operation, along with an AR-15-type weapon.
May later returned home and was taken into custody. He possessed two handguns in his vehicle. The State Police executed a search warrant on the property and found marijuana plants in various stages of growth, approximately 6 pounds of processed marijuana, two semi-automatic rifles, and other firearms.
Further ATF examination of one of the rifles, an AR-15 type, .300 Blackout caliber rifle, concluded that the hammer had been modified to allow the firearm to fire automatically, as a machine gun. May admitted that he knew the Blackout rifle, as modified, was a machine gun, and that he possessed two handguns to protect his marijuana grow operation and drug money.
May faces at least 5 years and up to life in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least 2 years when sentenced by United States District Judge Mae A. D’Agostino on March 25, 2019. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the ATF and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.
Rockville Man Who Posed as a Modeling Agent to Obtain Sexually Explicit Images of Minor Female Victims Pleads Guilty to Federal Child Pornography ChargesRead the Press Release
Greenbelt, Maryland – Stephen McGrath, age 44, of Rockville, Maryland, pleaded guilty on November 20, 2018, to federal charges of coercion and enticement of a minor to engage in sexual activity in order to produce child pornography, and possession of child pornography.
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); and Colonel William M. Pallozzi, Superintendent of the Maryland State Police.
According to McGrath’s plea agreement, between June 16 and October 9, 2017, McGrath used Internet-based chat applications “MeetMe” and “KIK” to communicate with six minor female victims, ranging in age from 12 to 16 years old. In his communications with the victims, McGrath, posing as a female modeling agent, confirmed the ages of the victims and requested photographs, including nude and sexually explicit images, which the victims then sent to McGrath as part of their “modeling evaluation.” McGrath also admitted that he distributed sexually explicit images of Victim 6, a 14-year-old girl, to two of her male friends, whose account information he had requested from Victim 6.
Subscriber information for the accounts used to communicate with Victim 1 showed that the user connected to each account through the same IP address, which was assigned to McGrath in Rockville. Law enforcement agents executed a federal search warrant at McGrath’s residence on October 13, 2017, and seized his cellular phone. The phone had an application for password-protected digital storage. McGrath supplied the password, which revealed folders within the application labeled with female names and containing pictures and videos constituting more than 600 images of child pornography, including images of the victims described above. The KIK application was also found on the phone as well as numerous chat conversations with minor females.
As a result of his guilty plea, McGrath will be required to register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
McGrath faces a mandatory minimum sentence of 10 years in prison and a maximum of life in prison for enticement of a minor in order to produce child pornography; and a maximum of 10 years in prison for possession of child pornography. U.S. District Judge Paul W. Grimm has scheduled sentencing for March 29, 2019, at 1:00 p.m.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States 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. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Robert K. Hur commended HSI-Baltimore and the Maryland State Police for their work in the investigation and thanked the Montgomery County Police Department for its assistance. Mr. Hur thanked Assistant U.S. Attorney Joseph R. Baldwin, who is prosecuting the federal case.
Reserve Man Sentenced to 83 Months in Prison for Crack ConspiracyRead the Press Release
NEW ORLEANS, – U.S. Attorney Peter G. Strasser announced that MICHAEL SANDERS, age 37, of Reserve, was sentenced on Wednesday, November 14, 2018 for charges relating to narcotics trafficking.
SANDERS pleaded guilty on February 1, 2018, to conspiring with others to distribute cocaine base (“crack”).
Judge Jane Triche Milazzo sentenced SANDERS to 83 months in the Bureau of Prisons, as well as 3 years of supervised release following his term of imprisonment.
U.S. Attorney Strasser praised the work of the Drug Enforcement Administration and the St. John the Baptist Parish Sheriff’s Office. Assistant U.S. Attorneys Nicholas D. Moses and Edward Rivera are in charge of the prosecution.
Project Huntington Update: Two More Operation Saigon Sunset Defendants Sentenced to Prison for Federal Drug ConspiracyRead the Press Release
HUNTINGTON, W.Va. – Two more Operation Saigon Sunset defendants have been sentenced to prison in connection with their roles in the Peterson drug trafficking organization (DTO), announced United States Attorney Mike Stuart. Stuart praised the joint investigation conducted by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West.
“Bringing an end to the Peterson drug network which had been operating in Huntington for some time signaled change and hope in Huntington,” said United States Attorney Mike Stuart. “We will protect every community throughout southern West Virginia by eradicating drug dealers that prey on our good citizens.”
Luther Peterson, also known as “Mook,” 24, from Detroit, was caught selling heroin in October 2017 and later pled guilty to an indictment charging him with conspiracy to distribute heroin. Peterson was sentenced to 36 months in prison.
Peterson admitted that between October 2017 and April 2018 he conspired with Willie Peterson and Manget Peterson to sell heroin in the Huntington area. As part of the plea agreement, Peterson admitted to distributing heroin to a confidential informant in October 2017.
Terrell Redd, 43, of Huntington, was caught selling heroin in February 2018, and pled guilty to an indictment charging him with conspiracy to distribute heroin. Redd admitted that in January and February 2018 he conspired with Manget Peterson and Charles Graves, Jr. to sell heroin in the Huntington, WV area. As part of the plea agreement, Redd admitted to distributing heroin to a confidential informant in February 2018.
Assistant United States Attorney Stephanie S. Taylor handled the prosecutions. United States District Judge Robert C. Chambers imposed the sentences.
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Owners of Home Healthcare Company Plead Guilty to Tax FraudRead the Press Release
BOSTON – The co-owners of a Boston-area home healthcare company pleaded guilty in federal court in Boston yesterday for underreporting income to the IRS resulting in over $1 million in losses.
Hannah Holland, 51, of Quincy, and Sheila O’Connell, 51, of North Weymouth, pleaded guilty to an Information charging them with one count of conspiracy to defraud the United States and three counts of aiding and assisting in the preparation of false tax returns. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing to Feb. 13, 2019.
According to court documents, Holland and O’Connell co-owned and operated Erin’s Own Home Healthcare Inc. (“Erin’s Own”), a home healthcare business. Between 2010 and 2014, Holland and O’Connell cashed over $3.5 million of Erin’s Own business checks through nominee bank accounts controlled by an unnamed individual. During this time period, Holland also personally cashed over $77,000 of Erin’s Own business receipts. None of these funds were ever reported to the IRS or accounted for in the company’s tax filings. Instead, Holland and O’Connell provided their tax preparer with a limited set of the financial records that did not cover the substantial amounts of business funds Holland and O’Connell diverted. As a result of the underreporting, Erin’s Own caused a loss of $1,126,112 to the IRS.
The conspiracy charge provides for a sentence of no greater than five years in prison, three years supervised release, and a fine $250,000. The charge of aiding and assisting in the preparation of false tax returns provides for a sentence of no greater than three years in prison, one year supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. Assistant U.S. Attorney Jordi de Llano, Deputy Chief of Lelling’s Securities and Financial Fraud Unit, and Trial Attorney Brittney Campbell of the Department of Justice’s Tax Division are prosecuting the case.
Owners of Home Healthcare Company Plead Guilty to Tax FraudRead the Press Release
The co-owners of a Boston-area home healthcare company pleaded guilty in federal court yesterday for tax crimes resulting in over $1 million in losses, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Andrew E. Lelling for the District of Massachusetts.
Hannah Holland, 51, of Quincy, Massachusetts, and Sheila O’Connell, 51, of North Weymouth, Massachusetts, each pleaded guilty to one count of conspiracy to defraud the United States and three counts of aiding and assisting in the preparation of false tax returns.
According to court documents, Holland and O’Connell co-owned and operated Erin’s Own Home Healthcare Inc. (Erin’s Own), a home healthcare business. Between 2010 and 2014, Holland and O’Connell directed another individual to cash over $3.5 million of Erin’s Own business checks through nominee bank accounts. During this time, Holland also personally deposited or cashed over $77,000 of Erin’s Own business checks. None of these funds were reported to the Internal Revenue Service (IRS) or accounted for in the company’s tax filings. Instead, Holland and O’Connell provided their tax preparer with a limited set of financial records that did not cover the substantial amounts of business funds Holland and O’Connell diverted. As a result of the underreporting, Erin’s Own caused a loss of $1,126,112 to the United States.
Sentencing is scheduled for February 13, 2019. Holland and O’Connell each face a maximum sentence of five years in prison on the conspiracy count and three years in prison on each count of aiding and assisting in the preparation of false tax returns, as well as a period of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Lelling commended special agents from IRS-Criminal Investigation, who are investigating the case, and Assistant U.S. Attorney Jordi de Llano, Deputy Chief of the United States Attorney’s Securities and Financial Fraud Unit, and Tax Division Trial Attorney Brittney Campbell, who are prosecuting the case. Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Owner of Engineering Firms and CPA Convicted in Tax SchemeRead the Press Release
A federal jury in Honolulu, Hawaii, convicted Wagdy Guirguis and Michael Higa of conspiracy to defraud the United States yesterday, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Kenji M. Price for the District of Hawaii. In addition to the conspiracy conviction, Guirguis was also convicted of three counts of filing false corporate income tax returns, one count of failure to file a corporate income tax return, three counts of tax evasion, one count of corruptly endeavoring to obstruct and impede the due administration of the Internal Revenue laws and one count of witness tampering. Higa was convicted of the conspiracy and one count of aiding and assisting in the preparation of a false tax return for one of Guirguis’ business entities. The convictions arise from a scheme to divert funds from Guirguis’ business entities for his own personal benefit and to avoid the payment of federal employment and income taxes.
“Employers who withhold employment taxes from their employees’ paychecks and choose to pocket those funds violate the trust of their employees and the United States,” said Principal Deputy Assistant Attorney General Zuckerman. “The Department of Justice will continue to identify and prosecute employment tax offenders, ensuring that such businesses and executives are held to account and do not gain an unfair advantage over honest employers who follow the law and pay their fair share.”
“Mr. Guirguis owed the Internal Revenue Service employment taxes and with the help of Mr. Higa, conspired to obstruct the Internal Revenue Service’s attempts to collect the tax by concealing income using a nominee entity and preparing false corporate and individual income tax returns,” said Acting Special Agent in Charge Troy Burrus. “The defendants’ actions to obstruct the Internal Revenue Service’s collection efforts are very serious. IRS-Criminal Investigation will continue to pursue employers, who collect these taxes and use the funds for personal gain.”
According to court documents and evidence presented at trial, Guirguis operated numerous engineering businesses. Higa, a certified public accountant, was the controller of these businesses. Higa also served as a nominee officer of another entity controlled by Guirguis. When the IRS determined Guirguis’ businesses owed over $800,000 in federal employment taxes and assessed a $812,000 penalty, Guirguis and Higa took various steps to place income and assets out of the IRS’ reach. For example, Guirguis and Higa used the nominee entity to fraudulently convey a condominium to Guirguis’ wife. After an IRS revenue officer began questioning Mrs. Guirguis’ sole ownership of this condominium, Guirguis and Higa instructed a bookkeeper to alter the books and records in an attempt to conceal this transaction from the IRS.
From 2001 through 2012, Guirguis and Higa also used the nominee entity to divert approximately $1.3 million from Guirguis’ businesses for Guirguis’ personal use. As a result of their diversion and concealment, Guirguis’ 2010 through 2012 returns omitted $553,000 in income, resulting in a tax deficiency of $165,000.
In addition, Guirguis filed corporate income tax returns that fraudulently omitted millions of dollars of gross receipts. For one of his businesses, Guirguis simply did not file a corporate tax return, thereby not reporting more than $1.7 million in gross receipts.
After the IRS levied the bank accounts of one business, Guirguis diverted incoming funds owed to that business, directing payment of the funds to a different business. Guirguis also instructed a tenant to disregard IRS collection notices and pay rent directly to him rather than to the IRS. Moreover, Guirguis made false and misleading statements to IRS revenue officers, all in an effort to obstruct the IRS’ efforts to collect on the taxes he and his companies owed.
To impede the criminal investigation into his tax violations, Guirguis falsely told an employee, who had testified before the grand jury, that he did not know about the false backdating done in the books of the nominee entity, and asked the employee to sign a false statement to that effect.
Guirguis and Higa face a maximum sentence of five years in prison each on the conspiracy counts. Guirguis faces a maximum sentence of five years on each of the tax evasion counts, three years in prison on each of the counts involving false tax returns and corrupt endeavors, and one year in prison for the count of failure to file a tax return, as well as a period of supervised release, restitution, and monetary penalties. Guirguis faces an additional maximum 20 year sentence for witness tampering. In addition to the maximum sentence of five years in prison on the conspiracy count, Higa faces a maximum sentence of three years on the aiding and assisting the filing of a false tax return count.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Price commended special agents of IRS–Criminal Investigation, who conducted the investigation, and Tax Division Senior Litigation Counsel John Sullivan and Trial Attorney Anahi Cortada, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Owner of Engineering Firm and CPA Convicted in Tax SchemeRead the Press Release
HONOLULU – A federal jury in Honolulu, Hawaii, convicted Wagdy Guirguis and Michael Higa of conspiracy to defraud the United States yesterday, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney for the District of Hawaii Kenji M. Price. In addition to the conspiracy conviction, Guirguis was also convicted of three counts of filing false corporate income tax returns, one count of failure to file a corporate income tax return, three counts of tax evasion, one count of corruptly endeavoring to obstruct and impede the due administration of the Internal Revenue laws and one count of witness tampering. Higa was convicted of the conspiracy and one count of aiding and assisting in the preparation of a false tax return for one of Guirguis’ business entities. The convictions arise from a scheme to divert funds from Guirguis’ business entities for his own personal benefit and to avoid the payment of federal employment and income taxes.
“Employers who withhold employment taxes from their employees’ paychecks and choose to pocket those funds violate the trust of their employees and the United States,” said Principal Deputy Assistant Attorney General Zuckerman. “The Department of Justice will continue to identify and prosecute employment tax offenders, ensuring that such businesses and executives are held to account and do not gain an unfair advantage over honest employers who follow the law and pay their fair share.”
“Mr. Guirguis owed the Internal Revenue Service employment taxes and with the help of Mr. Higa, conspired to obstruct the Internal Revenue Service’s attempts to collect the tax by concealing income using a nominee entity and preparing false corporate and individual income tax returns,” said Acting Special Agent in Charge Troy Burrus. “The defendants’ actions to obstruct the Internal Revenue Service’s collection efforts are very serious. IRS–Criminal Investigation will continue to pursue employers, who collect these taxes and use the funds for personal gain.”
According to court documents and evidence presented at trial, Guirguis operated numerous engineering businesses. Higa, a certified public accountant, was the controller of these businesses. Higa also served as a nominee officer of another entity controlled by Guirguis. When the IRS determined Guirguis’ businesses owed over $800,000 in federal employment taxes and assessed a $812,000 penalty, Guirguis and Higa took various steps to place income and assets out of the IRS’ reach. For example, Guirguis and Higa used the nominee entity to fraudulently convey a condominium to Guirguis’ wife. After an IRS revenue officer began questioning Mrs. Guirguis’ sole ownership of this condominium, Guirguis and Higa instructed a bookkeeper to alter the books and records in an attempt to conceal this transaction from the IRS.
From 2001 through 2012, Guirguis and Higa also used the nominee entity to divert approximately $1.3 million from Guirguis’ businesses for Guirguis’ personal use. As a result of their diversion and concealment, Guirguis’ 2010 through 2012 returns omitted $553,000 in income, resulting in a tax deficiency of $165,000. In addition, Guirguis filed corporate income tax returns that fraudulently omitted millions of dollars of gross receipts. For one of his businesses, Guirguis simply did not file a corporate tax return, thereby not reporting more than $1.7 million in gross receipts.
After the IRS levied the bank accounts of one business, Guirguis diverted incoming funds owed to that business, directing payment of the funds to a different business. Guirguis also instructed a tenant to disregard IRS collection notices and pay rent directly to him rather than to the IRS. Moreover, Guirguis made false and misleading statements to IRS revenue officers, all in an effort to obstruct the IRS’ efforts to collect on the taxes he and his companies owed.
To impede the criminal investigation into his tax violations, Guirguis falsely told an employee, who had testified before the grand jury, that he did not know about the false backdating done in the books of the nominee entity, and asked the employee to sign a false statement to that effect.
Guirguis and Higa face a maximum sentence of five years in prison each on the conspiracy counts. Guirguis faces a maximum sentence of five years on each of the tax evasion counts, three years in prison on each of the counts involving false tax returns and corrupt endeavors, and one year in prison for the count of failure to file a tax return, as well as a period of supervised release, restitution, and monetary penalties. Guirguis faces an additional maximum 20 year sentence for witness tampering. In addition to the maximum sentence of five years in prison on the onspiracy count, Higa faces a maximum sentence of three years on the aiding and assisting the filing of a false tax return count.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Price commended special agents of IRS–Criminal Investigation, who conducted the investigation, and Tax Division Senior Litigation Counsel John Sullivan and Trial Attorney Anahi Cortada, who prosecuted the case.
Operation California Dreamin Nets Richmond Cocaine TraffickerRead the Press Release
RICHMOND, Va. – A Richmond man pleaded guilty today after being caught in a law enforcement controlled delivery operation involving the transportation of 9 kilograms of cocaine from Los Angeles to Richmond.
“Brown planned on distributing at least 9 kilograms of dangerous narcotics onto the streets of Richmond and beyond,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Investigating and prosecuting drug traffickers continues to be a top priority, and I want to thank our local, state, and federal partners for their outstanding work on this case.”
According to court documents, on August 6, Frankie Brown, 34, provided a duffle bag containing 9 kilograms of cocaine to an individual in Los Angeles for delivery to him in Richmond. On August 7, Texas Department of Public Safety law enforcement officials stopped this individual in Amarillo, Texas, and seized the cocaine from his possession. On August 10, DEA agents arrested Brown when he took custody of what he believed to be his 9 kilograms of cocaine and $6,375.
Brown pleaded guilty to attempted possession with the intent to distribute 5 kilograms or more of cocaine and faces a mandatory minimum penalty of 10 years and up to life in prison when sentenced on Feb. 21, 2019. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Operation California Dreamin was investigated as part of the Organized Crime and Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, weapons trafficking, and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Scott W. Hoernke, Acting Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, made the announcement after U.S. District Judge John A. Gibney, Jr. accepted the plea. Assistant U.S. Attorney Erik S. Siebert is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:18-cr-104.
Oakland Man Sentenced to More Than 10 Years in Prison for Sex Trafficking of A MinorRead the Press Release
OAKLAND – Kaybaun Rodgers was sentenced today to 121 months in prison for sex trafficking of a minor, announced United States Attorney Alex G. Tse and Federal Bureau of Investigation Special Agent in Charge John Bennett. The sentence was handed down by the Honorable Phyllis J. Hamilton, Chief United States District Judge.
Rodgers, 26, whose last known address was in Oakland, Calif., pleaded guilty to the charge on September 5, 2018. According to the plea agreement, between August 28, 2016, and February 19, 2017, he used the website Backpage.com to advertise the availability of a minor for commercial sex acts. Rodgers posted at least 46 advertisements depicting and describing the minor victim. Rodgers also admitted that from August 28, 2016, to April 20, 2018, he collected proceeds from the minor which were derived from the commercial sex acts in which the minor participated. For example, on April 20, 2018, Rodgers instructed the minor to send him $50 via Western Union after she had received $200 in exchange for a commercial sex act.
Rodgers further admitted that on October 24, 2017, he went to a hotel room where he made a video recording of the minor and a male who had solicited a commercial sex act through one of the Rodgers’s Backpage.com advertisements. In the recording, Rodgers confirmed with the minor that she had received $120 for performing the sex act. Rodgers then attempted to extort additional money from the man by threatening to post the video on Facebook unless the man paid more money.
Rodgers also used the minor to produce visual depictions of sexually explicit conduct and used his cellular telephone to record videos depicting the minor performing sex acts on himself.
On August 2, 2018, Rodgers was charged in a federal information with one count of sex trafficking of a minor, in violation of 18 U.S.C. §§ 1951(a)(1), (a)(2) and (b)(2). Pursuant to his plea agreement, Rodgers pleaded guilty to the charge.
In addition to the prison term, Chief Judge Hamilton sentenced the defendant to a 20-year period of supervised release. Rodgers also was ordered to register as a sex offender. The defendant has been in custody since his arrest in April of 2018 and will begin serving his sentence immediately.
Assistant U.S. Attorney Vanessa Ann Baehr-Jones is prosecuting the case with the assistance of Michelle Alter. The prosecution is the result of an investigation by the Federal Bureau of Investigation with assistance from the Union City Police Department.
Norfolk Man Charged with ArsonRead the Press Release
United States Attorney, Joe Kelly, announced the unsealing of a criminal complaint charging Joseph Lloyd James, age 47 of Norfolk, Nebraska, with arson in connection with the burning of a car found on the Santee Sioux Indian reservation. James’ arrest occurred on November 19, 2018, and was made during the investigation into the death of Phyllis Hunhoff of Yankton, South Dakota. It is alleged James set fire to Hunhoff’s car. The maximum punishment for the offense is 25 years imprisonment, a $250,000 fine, a five year term of supervised release, and a $100 special assessment. James is scheduled for his initial appearance before United States Magistrate Judge Susan M. Bazis on November 21, 2018, at 1:30 p.m.. As this matter concerns an ongoing investigation, the United States Attorney’s Office is unable to provide additional comment at this time.
This case is being investigated by the Federal Bureau of Investigation, the Nebraska State Patrol, the Knox County Sheriff’s Office (Nebraska), the Santee Sioux Nation Police Department, the Lincoln Police Department (Nebraska), the Nebraska State Fire Marshal, the Norfolk Police Department (Nebraska), the Niobrara Police Department (Nebraska), and the Yankton County Sheriff’s Office (South Dakota).
A complaint is a formal accusation of conduct, not evidence of guilt. A defendant is presumed innocent unless and until proven guilty.
Nashville, N.C. Man Sentenced for Drug ConspiracyRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, United States District Judge James C. Dever III sentenced MICHAEL LEE DRAKE, 52, of Nashville, North Carolina to 120 months imprisonment, followed by 8 years of supervised release.
DRAKE was named in an Indictment filed on April 19, 2018 charging him with conspiracy to distribute and possess with the intent to distribute five hundred (500) grams or more of cocaine and a quantity of cocaine base (crack). On June 18, 2018, DRAKE pled guilty to the conspiracy.
According to the investigation, beginning in 2009 through October 29, 2015, DRAKE distributed powder cocaine and cocaine base (crack) throughout Nash and Edgecombe Counties. In 2015, law enforcement made a controlled purchase of multiple ounces of cocaine from DRAKE. After observing a drug transaction at DRAKE’s home, law enforcement executed a search warrant at that home. As a result, officers found powder cocaine, cocaine base (crack), $43,000 in United States currency, and firearms and ammunition.
Investigation of this case was conducted by the Drug Enforcement Administration and Nash County Sheriff’s Office. Assistant United States Attorney Dena King represented the government.
Multiple Defendants Indicted in Transnational Drug Trafficking ConspiracyRead the Press Release
Memphis, TN – Multiple defendants have been indicted for conspiracy to distribute methamphetamine and heroin and possession with intent to distribute methamphetamine and heroin. U.S. Attorney D. Michael Dunavant announced the indictment today.
According to information presented in court, in August of 2018, during a routine traffic stop, officers in Decatur County recovered 11 pounds of methamphetamine from a driver who identified the supplier as a local Memphis man. On October 1, 2018, investigators intercepted 31 pounds of methamphetamine in possession of Jesus Vega, 33. Vega, along with the driver, Pedro Rosas-Gonzalez, 31, who transported the meth from the Chicago area were arrested.
Law enforcement identified more members of the drug trafficking organization and, on October 22, 2018, two individuals were arrested for narcotics trafficking in the Western District of Tennessee. On that morning, agents determined the location of a high-volume narcotics transaction and set up surveillance. Law enforcement observed Fatimadeniz Diaz, 36, and Steven Diaz, 26, arrive at the scene, take multiple large bags from their car, and place into another vehicle. Upon transferring the bags, the agents arrested both individuals. While searching the vehicle, DEA agents recovered 28.3 kilograms (63 pounds) of methamphetamine and 743 grams of heroin.
On October 17, 2018, Vega and Rosas-Gonzalez were indicted for conspiracy and possession with intent to distribute methamphetamine. Both Fatimadeniz Diaz and Steven Diaz were indicted on November 8, 2018, for conspiracy and possession with intent to distribute heroin and methamphetamine.
U.S. Attorney D. Michael Dunavant said, "West Tennessee is a major logistics hub for the country, and drug trafficking organizations transport large quantities into and through our communities. We must use every available resource to disrupt and dismantle these conspiracies, and hold them accountable for distributing poisonous illegal drugs that cause addiction, injury, and death. We commend the outstanding investigative work of our federal law enforcement partners in this important case involving significant seizures of dangerous narcotics."
Over the course of this ongoing investigation, the DEA has recovered over 400 pounds of methamphetamine and 5 kilograms of heroin, all either in Memphis or destined for the Memphis area.
If convicted, each defendant faces a mandatory minimum sentence of 10 years, and up to life imprisonment.
This case is being investigated by the DEA; U.S. Department of Homeland Security; ATF, and the U.S. Marshals Service.
Special Assistant U.S. Attorney Joseph Griffith is prosecuting this case on behalf of the government. This case is part of the Heroin Initiative in collaboration with the Shelby County District Attorney General’s Office.
The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
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Mountaintop Woman Charged with Firearm OffenseRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Sierra Benninger, age 24, of Mountaintop, Pennsylvania, was indicted on November 13, 2018, by a federal grand jury for making false statements when purchasing a firearm.
According to United States Attorney David J. Freed, the indictment alleges that on January 30, 2018, Benninger provided false statements to purchase a Taurus 9mm handgun, which she was prohibited from possessing as a person who used and was addicted to a controlled substance.
The case was investigated by the Federal Bureau of Investigation and the Wilkes-Barre Police Department. Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Monroeville Man Sentenced for Distributing Heroin that Caused Woman’s Overdose DeathRead the Press Release
PITTSBURGH - A resident of Monroeville, Pennsylvania, has been sentenced in federal court to 30 months’ imprisonment, followed by 3 years’ supervised release, on his conviction of distribution and possession with intent to distribute a quantity of heroin, United States Attorney Scott W. Brady announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Warren Worthy, age 21.
According to information presented to the court, on March 3, 2016, Worthy sold a bundle of heroin (10 stamp bags) to a female who used the heroin that day and overdosed. The female was taken to the hospital, where she died a few days later. An autopsy confirmed that the cause of death was heroin toxicity. The Allegheny County Police Department thereafter conducted a lengthy investigation, which confirmed that Worthy had distributed the lethal heroin to the female victim.
Assistant United States Attorney Troy Rivetti prosecuted this case on behalf of the government.
United States Attorney Brady commended the Allegheny County Police Department for the investigation leading to the successful prosecution of Worthy.
Mexico resident sentenced for illegal reentryRead the Press Release
GREAT FALLS – U.S. Attorney Kurt G. Alme announced that on Monday, Cirilo Marcial-Ramirez, a Mexico citizen from Oaxaca, was sentenced to 174 days of time served and to one year of supervised release for conviction of illegal re-entry.
District Judge Brian M. Morris presided at the hearing.
Ramirez, 34, pleaded guilty to the charge on Oct. 29.
An investigation began in September 2017 when Great Falls Police Department officers contacted Ramirez regarding a traffic accident and arrested him for traffic offenses. Ramirez gave a false name and birth date, but investigators identified Ramirez through fingerprints. Ramirez had been deported from the United States in February 2010 after being convicted of felony and misdemeanor offenses in Kansas. He did not have permission as required by statute to re-enter the United States.
Assistant U.S. Attorney Paulette Stewart prosecuted the case, which was investigated by the Great Falls Police Department and Department of Homeland Security’s Immigration and Customs Enforcement.
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Mexican Citizen Sentenced for Passport FraudRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that MARIA DEL CARMEN URIETA-LAGUNAS, age 50, of Mexico, illegally present in the United States and residing in Wake County, North Carolina, was sentenced today to 6 months imprisonment. On August 23, 2018 URIETA-LAGUNAS pled guilty to passport fraud.
According to court records, URIETA-LAGUNAS applied for a United States passport using the means of identification of a United States citizen born in Texas. Further, the investigation revealed URIETA-LAGUNAS had previously applied for a United States visa in Mexico under her real identity and was denied. Thereafter, URIETA-LAGUNAS assumed the identity of a United States citizen in order to remain undetected in the United States and travel internationally.
URIETA-LAGUNAS was sentenced in Raleigh by United States District Judge James C. Dever III, who in addition to the term of incarceration, also imposed a one-year term of supervised release with a condition to remain outside of the United States if ordered deported by immigration officials.
The case was investigated by the Department of State’s Diplomatic Security Service under the newly created framework of the Document and Benefit Fraud Task Force (DBFTF) in the Eastern District of North Carolina.
Manchester Man Pleads Guilty to Drug and Gun Charges Stemming from Hartford Car Wash ShootingRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that HECTOR ALFONSO, 37, of Manchester, pleaded guilty yesterday in New Haven federal court to drug and firearm offenses related to a shooting that occurred in Hartford’s South End in December 2016.
According to court documents and statements made in court, at approximately 10:00 p.m. on December 21, 2016, Hartford Police officers responded to a report of a person shot at a car wash located at 156 Franklin Avenue in Hartford. At the car wash, officers encountered an employee of the car wash who was suffering from two gunshot wounds. The victim was transported to the hospital where he was treated for his injuries and released.
The investigation, which has included analysis of a surveillance video, revealed that, shortly before the shooting, Alfonso and Michael Rivera arrived at the car wash to acquire a distribution quantity of heroin from Ruben Rodriguez and another individual. A dispute and subsequent struggle occurred during the transaction, and Alfonso brandished a firearm. He then shot the employee.
Alfonso was arrested on a federal criminal complaint on April 26, 2017. A search of his Manchester residence on that date revealed cocaine residue on a toilet seat, cocaine and crack cocaine residue in another part of home, and items used to process and package narcotics for street sale. He has been detained since his arrest.
Alfonso pleaded guilty to one count of conspiracy to possess with intent to distribute heroin, an offense that carries a maximum term of imprisonment of 20 years, and one count of brandishing a firearm during and in relation to a drug trafficking crime, an offense that carries a mandatory consecutive term of imprisonment of at least seven years. Alfonso is scheduled to be sentenced by U.S. District Judge Janet Bond Arterton on February 12, 2019.
Alfonso’s criminal history includes a federal conviction for possession with intent to distribute, and distribution of, cocaine base (“crack”). In June 2014, he was sentenced to 18 months of imprisonment and three years of supervised release for that offense.
Alfonso faces additional penalties for violating the conditions of his supervised release from his prior federal conviction.
Michael Rivera, 35, of Hartford, and Ruben Rodriguez, 38, of Meriden, have pleaded guilty to related charges and are detained while awaiting sentencing.
When Rodriguez was arrested on September 29, 2017, a search of his residence and vehicle revealed a loaded .40 caliber pistol, numerous rounds of ammunition, approximately 133 grams of heroin, approximately 170 grams of cocaine, and $61,909 in cash.
This matter is being investigated by the Federal Bureau of Investigation and the Hartford Police Department. The case is being prosecuted by Assistant U.S. Attorney Brian P. Leaming.
This prosecution has been brought through Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Man Who Lied About Combat Service for Second Time Sentenced to Federal PrisonRead the Press Release
Charleston, South Carolina ---- United States Attorney Sherri A. Lydon announced today that Keith R. Hudson, 71, of Charleston, South Carolina, was sentenced to six months in federal prison and six months of home confinement for receiving $197,237 in benefits from the Department of Veterans Affairs (VA) after falsely claiming to be a veteran.
Evidence presented to the court showed that Hudson falsely claimed that he was entitled to VA benefits because he was a veteran who had been in combat in Vietnam. He even went so far as to claim that he had received two Purple Hearts and a Bronze Star.
Hudson has committed the same crime in the past. In 2005, he was prosecuted in Connecticut for the falsely claiming to be a veteran in order to claim VA benefits. He was placed in pretrial diversion. He moved to Charleston, South Carolina, and in 2012 he applied to the VA in Charleston for benefits. He used the same falsified form from the Department of Defense, (a DD-214, “Report of Separation from Active Duty”) and claimed that he was in the Navy and saw combat as a medic, suffering wounds and other trauma. He claimed that he served from August 1, 1967, through October 31, 1971.
This was all a fraud. Hudson was never in the military. He never served in the United States Navy, nor did he ever see combat in Vietnam.
Hudson asked for a probationary sentence, claiming poor health and noting his age, previous bypass surgeries, and cancer. United States District Judge Richard M. Gergel denied Hudson’s motion for probation and instead sentenced him to 1 year of confinement, in a split sentence. Six months of the confinement is to be served in federal prison, and six months is to be served as home confinement. Hudson was also ordered to pay $297,237 in restitution.
U.S. Attorney Lydon emphasized the importance of this case for our country and for our community. “This is an egregious crime,” she said. “This Defendant trampled on the memory of those who have bravely served our country and suffered harm protecting us. Hudson not only stole from the taxpayers by taking benefits he did not earn, he also stole directly from veterans who served our nation and protected our freedom. Every minute of time he spent with a VA doctor or a staff member is a minute he stole from a real veteran. He took resources that the VA just cannot afford to spare. We are grateful to the Veterans Affairs Office of Inspector General for their investigative work on this case.”
Kim Lampkins, the Special Agent in Charge for the Veterans Administration Office of Investigations Criminal Investigations Division, said, "Those who defraud the VA harm all veterans. VA benefits are intended solely for those who have protected this nation’s freedoms. We investigate individuals who commit fraud against the VA and are dedicated to defending veterans who genuinely earned our support."
The case against Hudson was investigated by the VA Office of Inspector General and prosecuted by Assistant United States Attorney Sean Kittrell of the Charleston office.
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Man Pleads Guilty to Laundering Proceeds from Romance and Cyber ScamsRead the Press Release
On November 16, 2018, Peter Vincent Cruz, a resident of Washington State and Alaska, pleaded guilty to money laundering charges, stemming from his decision to launder hundreds of thousands of dollars in fraud proceeds from online romance and business email compromise (“BEC”) scams, announced U.S. Attorney Ariana Fajardo Orshan for the Southern District of Florida, Special Agent George L. Piro of the Federal Bureau of Investigation (FBI), Miami Field Office and Brian Swain, Special Agent in Charge, U.S. Secret Service (USSS), Miami Field Office.
According to documents filed with the court, from approximately June 2016 through June 2018, in Broward County, Florida, and elsewhere, Cruz knowingly and willfully agreed to participate in, and did participate in, a conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956(h). The purpose of the conspiracy was for Cruz and his co-conspirators to unlawfully enrich themselves, to hide illegal proceeds, and to further wire fraud schemes by, among other things, withdrawing, depositing, and transferring fraudulently obtained funds between federally insured credit unions, federally insured banks, and individuals, and converting the fraudulently obtained funds to cash and cryptocurrency. Cruz laundered proceeds from BEC and romance scams.
According to court documents, Cruz’s co-conspirators in Nigeria and elsewhere contacted businesses (the “business victims”) located throughout the United States, using email, social media, and other Internet-based methods of communication, and falsely and fraudulently posed as vendors seeking payment for services rendered, in order to facilitate the BEC scam. The co-conspirators, posing as vendors, used spoofed emails and email account takeover techniques to send emails falsely and fraudulently directing the business victims to make payments to various bank accounts, through wire transfers, in purported satisfaction of invoices due to the actual vendors.
The court docket further indicates that Cruz’s co-conspirators also used stolen and false identification information to create online personas, utilizing online dating applications, email, social media, and other forms of communication, in order to facilitate romance scams. The co-conspirators then pursued false and fraudulent relationships online with individual victims (the “romance scam victims” or “individual victims”), and tricked these victims into falling in love with them. Eventually, the co-conspirators would persuade these individuals to open bank accounts and shell companies; to conduct financial transactions (cash withdrawals or transfers) under false pretenses, such as to purportedly aid with medical bills or business expenses; and to send money from the victims’ personal savings, or in the form of iTunes gift cards.
At times, Cruz’s co-conspirators directed fraudulently obtained funds from the business victims into accounts established by the romance scam victims. They then directed the romance scam victims to wire the fraud proceeds on to accounts controlled by other co-conspirators, such as the defendant, Cruz. One of these victims resided in Broward County, Florida.
According to the court record, Cruz’s role in the laundering conspiracy was to convert fraud proceeds from the cyber and romance scams via wire, in United States dollars, into cryptocurrency. Cruz then provided the cryptocurrency to his co-conspirators via email, and in doing so, Cruz assisted them in further concealing their true identities, and their role in the underlying fraud schemes. Cruz met, and routinely communicated with, his co-conspirators via e-mail, over the dark web, and through online cryptocurrency exchange forums. Indeed, Cruz regularly received funds from multiple anonymous sources, and regularly sent cryptocurrency payments to anonymous counterparties.
Cruz is scheduled to be sentenced on January 25, 2018 before U.S. District Judge William P. Dimitrouleas. He faces a statutory maximum sentence of twenty years in prison. He also faces a period of supervised release of up to three years, restitution and monetary penalties.
U.S. Attorney Fajardo Orshan commended the investigatory efforts of the FBI, FBI Miami’s Cyber Task Force and USSS in this matter. This case is being prosecuted by Assistant U.S. Attorney Lisa H. Miller.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Luzerne County Man Indicted for Unlawfully Importing Controlled SubstancesRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Joseph Waschko, age 37, of Sugarloaf, Pennsylvania, was indicted by a federal grand jury on November 20, 2018, for unlawfully importing controlled substances.
According to United States Attorney David J. Freed, Waschko is charged with three counts of unlawfully importing Tramadol, which is a Schedule IV controlled substance, from India, Germany, Singapore, and Switzerland to Luzerne County, Pennsylvania. The indictment alleges that the offenses occurred on or about June 15, 2015, June 14, 2016, and June 30, 2016.
The charges against Waschko resulted from an investigation by the Drug Enforcement Administration (DEA) and the United States Postal Inspection Service. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for each charge is five years’ imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Loudon Man Pleads Guilty to Conspiracy to Distribute MethamphetamineRead the Press Release
CONCORD - Michael Bean, 33, of Loudon, New Hampshire, pleaded guilty in federal court to conspiracy to distribute methamphetamine, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, Bean and his girlfriend, Katie-Jo Waters, were members of a conspiracy in which supplier Edward Espejo, of Las Vegas, Nevada, shipped packages of nearly pure methamphetamine to New Hampshire. Bean and Waters received packages containing methamphetamine in Pembroke, New Hampshire, and distributed the drugs to New Hampshire buyers. Bean and Waters would then wire the proceeds of drugs sales to Espejo in Las Vegas to purchase additional drugs. Between January and May 2018, Bean and Waters wired a total of more than $28,000 to Espejo in Las Vegas to buy methamphetamine. On May 2, 2018, postal inspectors intercepted a package from Espejo to be delivered to Waters that contained one pound of pure methamphetamine.
Bean is scheduled to be sentenced on March 5, 2019.
Waters and Espejo previously pleaded guilty and are awaiting sentencing.
“Methamphetamine is a dangerous drug that is appearing in New Hampshire with increasing frequency” said U.S. Attorney Murray. “Because of this drug’s great potential for causing harm to our community, we will aggressively prosecute dealers. Thanks to the hard work of the law enforcement officers in this case, this substantial methamphetamine trafficking conspiracy has been dismantled.”
“The U.S. Postal Inspection Service has no interest in being the unwitting accomplice to anyone using the U.S. Mail to distribute illegal narcotics such as methamphetamine,” said U.S. Postal Inspection Service’s Inspector in Charge, Joseph W. Cronin of the Boston Division. “We will work diligently to identify and remove illegal drug shipments and their proceeds from the mail.”
This matter was investigated by the DEA and the U.S. Postal Inspection Service. The case is being prosecuted by Assistant U.S. Attorney John Davis.
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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Local Law Enforcement Officers Honored for Commitment to Drug Abuse PreventionRead the Press Release
Three law enforcement officers from Iowa are being honored by the United States Attorney’s Offices for the Northern and Southern Districts of Iowa and the Drug Enforcement Administration (DEA) for their commitment to reducing drug abuse. The recipients of the 2018 Enrique S. Camarena Award are Special Agent Carlos Lavastida of the DEA, Lieutenant Brad Bollinger of the Sioux City Police Department, and Officer Justin Brandt of the Waterloo Police Department.
The award is named after Enrique “Kiki” Camarena, who was an 11-year veteran agent of the DEA before being kidnapped, brutally tortured and then murdered in Mexico in 1985 while working undercover gathering information and evidence about drug lords. This award is presented each year to local law enforcement officers who best exemplify the qualities and principles for which Agent Camarena gave his life—specifically, making their communities a safer place to live through outstanding drug prevention and enforcement efforts.
This year’s award recipients have gone above and beyond the call of duty in pursuit of a drug-free community:
- Special Agent Carlos Lavastida saved the lives of two young girls who were the victims of sex trafficking within a crack cocaine distribution organization. Through Special Agent Lavastida’s hard work, passion, and dedication, these young girls were provided the services they needed to help them deal with the traumatic experiences they endured at the hands of the crack cocaine traffickers. The case resulted in two consecutive life sentences and an order requiring the payment of over $700,000 in restitution.
- Lieutenant Brad Bollinger has demonstrated a lifelong dedication to fighting drug abuse and working with young people. Through his work for many years with the GREAT and DARE programs, Lieutenant Bollinger provided valuable anti-drug and anti-gang curriculum to young students in multiple schools. In his capacity leading the Department’s Youth Bureau and as the Community Policing Coordinator, Lieutenant Bollinger developed and coordinated a numerous programming activities aimed at keeping young people involved in lawful activities and away from criminal activity and drug abuse. From creating programs such as the “Books for Kids” program, to securing grants to combat opioid abuse, to serving on various boards and advisory committees focused on combatting drug, alcohol, and tobacco abuse among minors, Lieutenant Bollinger has demonstrated a robust passion for securing bright futures for young people in the community.
- Officer Justin Brandt’s leadership, passion, and vision resulted in the development of the Hail Mary Project, a program focused on providing positive social, emotional, and academic support to at‑risk students in the Waterloo community. The young men served by this program all had prior juvenile court involvement and were at high risk to continue to commit crimes and use illegal drugs. Twenty young men have already been helped by this program, and Officer Brandt has demonstrated a determination to expand the reach of the program to many more students.
Peter E. Deegan, Jr., United States Attorney for the Northern District of Iowa, stated, “Lieutenant Bollinger and Officer Brandt are both worthy recipients of the Enrique S. Camarena award. These officers are true public servants who recognize that there are certain problems that cannot be solved through criminal prosecution alone. Sioux City and Waterloo are safer due to their hard work and dedication to the young people in our state.”Southern District United States Attorney Marc Krickbaum added, “Special Agent Lavastida is most deserving of this prestigious honor. Through his tireless efforts, he positively impacted the lives of two young girls and helped ensure that a dangerous criminal would never terrorize the community again. The Southern District of Iowa appreciates Special Agent Lavastida’s commitment to assisting crime victims.”
“The Enrique S. Camarena award is given each year to law enforcement professionals who personify the strong character and values of our fallen colleague,” Darin Thimmesch, Acting Special Agent in Charge of the DEA Omaha Division said. “These three individuals truly represent the best of Special Agent Camarena with their passion, commitment and generosity continuously on display in their work and home life. It is an honor to recognize these men for their outstanding investigative efforts that have aided in disrupting the illegal activities of drug trafficking organizations from in and around Iowa.”
The Enrique S. Camarena Award is awarded each year during Red Ribbon Week. Red Ribbon Week, observed this year from October 23-31, is an alcohol, tobacco, and drug prevention awareness campaign observed annually in the United States and was established in Agent Camarena’s memory.
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- Special Agent Carlos Lavastida saved the lives of two young girls who were the victims of sex trafficking within a crack cocaine distribution organization. Through Special Agent Lavastida’s hard work, passion, and dedication, these young girls were provided the services they needed to help them deal with the traumatic experiences they endured at the hands of the crack cocaine traffickers. The case resulted in two consecutive life sentences and an order requiring the payment of over $700,000 in restitution.
Lafayette man sentenced to more than 7 years in prison for distributing heroin in AcadianaRead the Press Release
ALEXANDRIA, La. – United States Attorney David C. Joseph announced that a Lafayette man was sentenced Tuesday to seven years in prison for conspiring with three others to sell heroin.
Terrence T. Woods, 33, of Lafayette, Louisiana, was sentenced by U.S. District Judge Dee D. Drell on one count of conspiracy to distribute and possess with intent to distribute controlled substances. He was also sentenced to four years of supervised release. According to the September 20, 2017 guilty plea, Woods conspired to distribute heroin in the Acadiana area in 2016 and 2017, along with his co-conspirators, Joshua Edwards, 32, of Breaux Bridge, Louisiana; Jacobe Arceneaux, 34, and Robert Jenkins, 36, both of Lafayette, Louisiana.
Edwards was found guilty after a three-day trial that ended August 1, 2018 on the conspiracy charge and was sentenced October 31, 2018 to 10 years in prison and eight years of supervised release. Arceneaux pleaded guilty on July 13, 2017 to distributing heroin and was sentenced October 9, 2018 to 80 months in prison and four years of supervised release. Jenkins pleaded guilty on January 11, 2018 to distributing heroin, and he was sentenced on May 8, 2018 to 90 months in prison and four years of supervised release.
The defendants were arrested as part of the Organized Crime Drug Enforcement Task Force (OCDETF) “Operation Toxic Mix.” The FBI, DEA, Lafayette Metro Narcotics and other law enforcement agencies conducted the investigation. The OCDETF program is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for targeting national and regional level drug trafficking organizations, coordinating the necessary law enforcement entities and resources, and disrupting and dismantling of major drug trafficking organizations.
Assistant U.S. Attorneys Robert C. Abendroth and Daniel J. McCoy prosecuted the case.
Kyle Man Sentenced for Making a False StatementRead the Press Release
United States Attorney Ron Parsons announced that a Kyle, South Dakota, man convicted of False Statement was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Robert Wayne Old Horse, age 50, was sentenced on November 16, 2018, to 16 months in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund and restitution in an amount to be determined.
Old Horse was charged on April 17, 2018. The conviction stems from Old Horse reporting a false allegation of sexual contact against him by a physician working at Indian Health Services in Kyle. Old Horse later admitted the allegation was entirely false.
The investigation was conducted by the Office of Inspector General, Health and Human Services. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Old Horse was immediately remanded to the custody of the U.S. Marshals Service.
Justice Department Obtains $11.3 Million Settlement of Disability-Based Housing Discrimination Lawsuit in District of ColumbiaRead the Press Release
The Justice Department today announced that it has settled a Fair Housing Act and Americans with Disabilities Act lawsuit against Defendants Mid-America Apartment Communities, Inc. and Mid-America Apartments, L.P. for $11.3 million to resolve allegations that these property owners failed to build 50 apartment complexes in six states and the District of Columbia with accessible features for persons with disabilities.
Under the agreement, the defendants must spend $8.7 million to retrofit 36 properties that they currently own. This amount is in addition to $2.4 million in retrofits that had been made to many of the properties after the United States brought suit. The defendants must also pay $175,000 to compensate victims and up to $25,000 for accessibility retrofits at 14 properties they no longer own. The defendants also agreed to undergo training, to construct any new multifamily housing in accordance with the Fair Housing Act and Americans with Disabilities Act, and to provide periodic reports to the Justice Department.
“The Justice Department is committed to ensuring that new multifamily housing is built with the accessible features that are required by law,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “This comprehensive settlement will ensure that equal housing opportunities are afforded to persons with disabilities.”
“The Fair Housing Act and Americans with Disabilities Act ensure that persons with disabilities have access to housing, leasing offices, and related amenities,” said U.S. Attorney Jessie K. Liu for the District of Columbia. “The U.S. Attorney’s Office is committed to vigorously pursuing enforcement of the rights guaranteed by these laws. This settlement is an example of that commitment in the District of Columbia and elsewhere and serves to promote equal access to multi-family housing for persons with disabilities.”
The Fair Housing Act requires that multifamily housing constructed for first occupancy after Mar. 13, 1991, have basic accessible features; the Americans with Disabilities Act requires that places of public accommodations, such as rental offices, at multifamily housing built for first occupancy after Jan. 26, 1993, have accessible features.
As alleged in the government’s complaint, the defendants built the properties at issue with significant barriers that inhibited access to the units and the associated public and common-use areas. These barriers include routes to building entrances with steps and excessive slopes, units with electrical outlets and thermostats that are beyond the reach of persons who use wheelchairs, and kitchens and bathrooms with insufficient space for persons who use wheelchairs to maneuver. The government filed the lawsuit in 2010 against Post Properties, Inc., Post Apartment Homes, L.P., and Post GP Holdings, Inc., which merged with the defendants in 2016.
The FHA prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they may have been victims of housing discrimination may call the Justice Department’s Housing Discrimination Tip Line at 1-800-896-7743, e-mail the Justice Department at [email protected], or contact the Department of Housing and Urban Development at 1-800-669-9777.
Justice Department Obtains $11.3 Million Settlement of Disability-Based Housing Discrimination Lawsuit in District of ColumbiaRead the Press Release
WASHINGTON – The Justice Department today announced that it has settled a Fair Housing Act and Americans with Disabilities Act lawsuit against Defendants Mid-America Apartment Communities, Inc. and Mid-America Apartments, L.P. for $11.3 million to resolve allegations that these property owners failed to build 50 apartment complexes in six states and the District of Columbia with accessible features for persons with disabilities.
Under the agreement, the defendants must spend $8.7 million to retrofit 36 properties that they currently own. This amount is in addition to $2.4 million in retrofits that had been made to many of the properties after the United States brought suit. The defendants must also pay $175,000 to compensate victims and up to $25,000 for accessibility retrofits at 14 properties they no longer own. The defendants also agreed to undergo training, to construct any new multifamily housing in accordance with the Fair Housing Act and Americans with Disabilities Act, and to provide periodic reports to the Justice Department.
“The Justice Department is committed to ensuring that new multifamily housing is built with the accessible features that are required by law,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “This comprehensive settlement will ensure that equal housing opportunities are afforded to persons with disabilities.”
“The Fair Housing Act and Americans with Disabilities Act ensure that persons with disabilities have access to housing, leasing offices, and related amenities,” said U.S. Attorney Jessie K. Liu for the District of Columbia. “The U.S. Attorney’s Office is committed to vigorously pursuing enforcement of the rights guaranteed by these laws. This settlement is an example of that commitment in the District of Columbia and elsewhere and serves to promote equal access to multi-family housing for persons with disabilities.”
The Fair Housing Act requires that multifamily housing constructed for first occupancy after Mar. 13, 1991, have basic accessible features; the Americans with Disabilities Act requires that places of public accommodations, such as rental offices, at multifamily housing built for first occupancy after Jan. 26, 1993, have accessible features.
As alleged in the government’s complaint, the defendants built the properties at issue with significant barriers that inhibited access to the units and the associated public and common-use areas. These barriers include routes to building entrances with steps and excessive slopes, units with electrical outlets and thermostats that are beyond the reach of persons who use wheelchairs, and kitchens and bathrooms with insufficient space for persons who use wheelchairs to maneuver. The government filed the lawsuit in 2010 against Post Properties, Inc., Post Apartment Homes, L.P., and Post GP Holdings, Inc., which merged with the defendants in 2016.
The FHA prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt.
Individuals who believe that they may have been victims of housing discrimination may call the Justice Department’s Housing Discrimination Tip Line at 1-800-896-7743, e-mail the Justice Department at [email protected], or contact the Department of Housing and Urban Development at 1-800-669-9777.
Justice Department Files Statement of Interest in First Amendment CaseRead the Press Release
WASHINGTON – The Justice Department today filed a Statement of Interest in U.S. District Court in South Carolina supporting a church’s claim that the Town of Edisto Beach violated its rights under the First Amendment when the town barred it from renting space at the Town’s Civic Center.
“The Constitution protects the right of individuals and groups to exercise their religion without discrimination because of their religion,” said Acting Attorney General Matthew Whitaker. “The First Amendment requires that religious individuals and groups have the same opportunity to rent public facilities as other members of the community. The Department of Justice is committed to protecting the First Amendment rights of Americans, including fostering the religious expression of members of all faiths.”
The case, Redeemer Fellowship of Edisto Island v. Town of Edisto Beach, involves a small Christian congregation that sought to rent space for Sunday worship in the Civic Center, which is available for rental by community groups to hold events and activities. The town responded by enacting a policy barring worship services at the Civic Center, citing separation of church and state concerns. The town claimed that it wanted to avoid appearing as though they endorsed a religious group. As a result, the church filed a First Amendment lawsuit to allow it to rent space at the facility.
The Constitution requires that churches be allowed to rent facilities on an equal basis with other community groups. The Supreme Court held in the landmark case of Widmar v. Vincent (1981), that a university could not “discriminate against student groups and speakers based on their desire to use a generally open forum to engage in religious worship and discussion.” The United States’ Statement of Interest argues that allowing equal access to all groups, including the church, is required by the First Amendment. Allowing equal access, the United States argues, ensures the government neutrality toward religious expression that the Constitution requires.
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Justice Department Awards $56 Million to Support Law Enforcement Health and SafetyRead the Press Release
Acting Attorney General Matthew Whitaker today announced awards of over $56 million in grant funding awarded last month through the Department of Justice’s Office of Justice Programs (OJP) to enhance state, local, and tribal law enforcement safety and wellness. OJP’s Bureau of Justice Assistance and National Institute of Justice awarded grants to law enforcement departments, local jurisdictions, and training, technical assistance and research organizations throughout the United States. The funds will be used to provide services designed to protect officers and improve overall public safety. Acting Attorney General Whitaker announced the grants today during remarks to the Joint Terrorism Task Force in New York City.
"In the Trump administration, we back the blue," Acting Attorney General Whitaker said. "One of President Trump's first Executive Orders was to tell this Department to enhance the safety of America's law enforcement officers--and that is exactly what these grants will do. We are providing them with bulletproof vests, body-worn cameras, training, and health and safety research. These grants awarded last month are helping us to take care of the men and women in blue--because they take care of us every day."
“America’s law enforcement officers often risk life and limb to safeguard our communities, and the stressors of their jobs can cause a heavy emotional toll,” said OJP’s Principal Deputy Assistant Attorney General Matt M. Dummermuth. “In fact, law enforcement officers have high rates of on-the-job injury, psychological illness, and suicide. These awards will provide crucial resources and training to help protect the physical and mental health of those who are dedicated to protecting the safety of our communities.”
The FBI’s official crime data for 2017 reflects that, after two consecutive, historic increases in violent crime, in the first year of the Trump Administration the nationwide violent crime rate began to decline. Despite this decline, violent attacks on police officers are on the rise. More than 60,000 line-of-duty assaults were committed against officers in 2017, a five percent increase from 2016, according to the FBI.
The Department of Justice is committed to ensuring officer safety. Over the past year, the Department has partnered with all levels of law enforcement, local organizations, and members of the community to reduce violent crime and make American neighborhoods safer, including the invigoration of Project Safe Neighborhoods and announcement of $30 million to help combat violent crime. Recently, the Department hosted a law enforcement roundtable and announced funds and technical assistance resources to help law enforcement investigate and prosecute hate crimes, and announced a new active shooter training grant to provide multi-disciplinary, scenario-based active shooter training to help better protect and equip first responders across the country.
More than $29.8 million will reimburse jurisdictions for up to 50 percent of the cost of body armor vests purchased for law enforcement officers; $12 million will support law enforcement safety and wellness programs, research and services; and $12.2 million will support the implementation of law enforcement agencies’ body-worn camera programs.
In addition, over $2 million is addressing safety, health and wellness priorities through research and evaluation. These investments include the development of ballistic vests, studies of in-vehicle safety, and the evaluation of less-lethal technologies to increase police and public safety.
For a complete list of individual grant programs, amounts awarded, and the jurisdictions that will receive funding, visit https://go.usa.gov/xPUfH. Additional information about Fiscal Year 2018 OJP grant awards can be found online at https://go.usa.gov/xnqk5.
The Office of Justice Programs, led by Principal Deputy Assistant Attorney General Matt M. Dummermuth, provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice and assist victims. OJP has six bureaus and offices: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking. More information about OJP and its components can be found at: www.ojp.gov.