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Tuesday 20 November 2018
Inmate Pleads Guilty to Escaping from Federal Camp at AldersonRead the Press Release
CHARLESTON, W.Va. -- Cheryl McGrath, 51, pled guilty to escaping from the Federal Prison Camp at Alderson, announced United States Attorney Mike Stuart. Stuart commended the investigation by the Federal Bureau of Prisons, the United States Marshals Service and the West Virginia State Police.
“As the saying goes, if you do the crime, you have got to do the time,” said United States Attorney Mike Stuart. “Escaping will only land you back in prison with an even longer sentence.”
McGrath admitted that on July 26, 2018, she was an inmate at that prison, when she left without authorization. She was captured the next day, several miles from the prison.
McGrath faces up to five years in prison when she is sentenced on March 6, 2019. Assistant United States Attorney John File is handling the prosecution. United States District Court Judge Irene Berger presided over the hearing.
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Indictment Unsealed Charging Las Vegas Man in Connection with Direct Mail Fraud SchemeRead the Press Release
SALT LAKE CITY – A federal indictment unsealed Friday charges Daron Howell Fordham, age 49, of Las Vegas with six counts of mail fraud in connection with what the indictment alleges was a direct mail fraud scheme that defrauded hundreds of investors across the country, including many elderly and disabled individuals.
According to the indictment, Fordham, aka Southboy, Daron Destiny, Paul Park, James Parker, Daron Howell and Darren Fordham, set up a mailbox at a UPS Store in Park City using the name Park Publishers and Distributors. He paid a printing service in California to send out hundreds of mailers soliciting people to invest in his direct mail program which had several variations. The mailers offered an opportunity to make money through a “direct partner program” called “Paul Park’s Profit Program,” listing a Park City address as the company address for responses.
The indictment alleges Fordham’s mailer induced individual investors to send money to the address with fraudulent claims and guarantees, including telling individuals they could make a 976 percent return (or more) in less than 90 days without doing any work. “All you have to do is invest in the printing and mailing of our hot-selling FREE CRUISE FOR TWO VOUCHERS (like the one included with this letter) that are used by businesses all across the country. WE DO ALL THE WORK! You decide how many Mailing Spots you want now and you’ll receive your Principal Check sand PROFIT Check in less than 90 days. Trust me. You’ll be upset if you miss this one.”
He told investors, the indictment alleges, they could invest $500 and get a “whopping gross return of $5,570 with $5,070 of it being PURE PROFIT FOR You.”
The indictment further alleges that between January and November 2014, Fordham negotiated or caused to be negotiated at least $1,596,642.14 in checks and money orders related to eight fraudulent promotional schemes, including at least $203,866.25 through the Park Publishers fraudulent promotional mailer scheme.
When investors requested refunds or on the date of the promised dividend payment, Fordham provided customers a previously unmentioned gift card voucher equal to the investment, which could only be used toward an additional business venture by Park Publishers or its affiliate partners. He also provided a full credit refund certificate, which investors could not redeem for any monetary value, good or service. Eventually, Fordham closed the Park City mailbox so that victims’ letters requesting a refund or inquiring about their promised return on their investment were returned as undeliverable. An 800-number was also disconnected, leaving victims unable to contact Fordham, the indictment alleges.
Fordham is charged with six counts of mail fraud in the indictment. He was arrested in Las Vegas where he had an initial appearance on the charges and was released on conditions. Fordham was arraigned on the charges Tuesday morning in federal court in Salt Lake City. Chief Magistrate Judge Paul M. Warner presided at the hearing. He entered a plea of not guilty to the six counts in the indictment. Trial was set for Jan. 28, 2019.
Federal prosecutors are seeking detention in the case and are asking U.S. District Judge Dee Benson to review the Nevada magistrate’s decision to release Fordham. Judge Benson will hear the appeal Tuesday at 2 p.m.
Each count of mail fraud carries a potential 20-year sentence.
An indictment is not a finding of guilt. Individuals charged in indictments are presumed innocent unless or until proven guilty in court.
Illegal alien indicted on reentry chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Naun Romero, of Honduras, was indicted today by a federal grand jury on a reentry charge, United States Attorney Bill Powell announced.
Romero, also known as Santos Coello, age 33, is charged with one count of “Reentry of a Removed Alien.” Romero, having previously been removed from the United States, is accused of being in Randolph County illegally in October 2018.
Romero faces up to two years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Brandon S. Flower is prosecuting the cases on behalf of the government. The Department of Homeland Security Immigration and Customs Enforcement investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Illegal Alien Smuggler Sentenced to Ten Years in Federal PrisonRead the Press Release
In Del Rio yesterday afternoon, U.S. District Judge Alia Moses sentenced 43–year–old citizen of Mexico Hector Aguilar-Portugal to ten years imprisonment for his role in an illegal alien smuggling operation that resulted in death, announced U.S. Attorney John F. Bash; Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden; and, U.S. Border Patrol Agent in Charge Felix Chavez, Del Rio Sector.
On August 10, 2017, Aguilar pleaded guilty to one count of conspiracy to transport illegal aliens. According to court records, in October 2014, Aguilar led three other illegal aliens into the U.S. north of Eagle Pass, Texas. Among the group was a former inmate Aguilar-Portugal had met while in prison in Pecos, TX, in 2012, as well as the man’s nephew. During their journey, the four were intercepted by U.S. Border Patrol agents. As they fled from the agents, the defendant and the others crossed a canal. During the crossing, the nephew drowned. Following the drowning, the uncle separated from the defendant and the other illegal alien. The uncle eventually made it to a highway where he surrendered to Border Patrol agents and told them of the drowning. Agents were able to recover the body of the deceased. Agents were also able to arrest the defendant and the other illegal alien. While at the Eagle Pass South Border Patrol station, the uncle saw Aguilar-Portugal being escorted into the processing area. The uncle identified Aguilar-Portugal as the individual he paid a $500 smuggling fee up front and an agreed $3,000 upon arrival in the U.S.
On December 15, 2015, the uncle was sentenced to 21 months in federal prison for illegal re-entry into the U.S. The other illegal alien pleaded guilty to illegal entry into the U.S., was sentenced to time served and deported back to Mexico.
HSI conducted this investigation. Assistant U.S. Attorney Todd Keagle prosecuted this case on behalf of the Government.
Hudson County Man Charged with Distributing Child PornographyRead the Press Release
NEWARK, N.J. – A Jersey City, New Jersey, man was arrested and appeared in federal court today for allegedly distributing images of child sexual abuse, U.S. Attorney Craig Carpenito announced.
Nader Ahmed, 29, is charged by complaint with one count of distribution of child pornography. He made his initial appearance today in Newark federal court before U.S. Magistrate Judge Cathy L. Waldor and was detained without bail.
According to documents filed in this case and statements made in court:
In January 2018, Ahmed uploaded two videos depicting the sexual abuse of children onto a child pornography website. Computer equipment seized from Ahmed’s residence revealed hundreds of files titled with names indicative of images of child sexual abuse.
The charge of distribution of child pornography carries a mandatory minimum penalty of five years in prison, a maximum potential penalty of 20 years in prison, and a $250,000 fine.
U.S. Attorney Carpenito credited special agents with U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), under the direction of Special Agent in Charge Brian Michael, with the investigation leading to today’s charges.
The government is represented by Assistant U.S. Attorney Ryan L. O’Neill of the U.S. Attorney’s Office Public Protection Unit in Newark.
Henderson Woman Pleads Guilty to Distribution of Fentanyl Resulting in the Death of A PersonRead the Press Release
LAS VEGAS, Nev. – A Henderson woman pleaded guilty today to distributing fentanyl that resulted in the overdose death of a person in 2017, announced U.S. Attorney Dayle Elieson for the District of Nevada and Assistant Special Agent in Charge Daniel W. Neill for the DEA.
Tianna Christina Cordova, 35, pleaded guilty to one count of distribution of a controlled substance. She was charged by a superseding indictment in August, along with co-defendant Robert James Thornburg.
On June 21, 2018, law enforcement executed a search warrant at Cordova and Thornburg’s residence in Henderson. Law enforcement found varied amounts of oxycodone, hydrocodone, alprazolam, four firearms, and cash. She and Thornburg, neither of whom are doctors, conspired with each other to distribute oxycodone and amphetamine (Adderall) to individuals. Often Cordova would sell narcotics to individuals who contacted her via the internet, where she would post ads for sale using coded language for the availability of certain drugs. Cordova admitted that, on March 14, 2017, she unlawfully distributed a controlled substance in the form of prescription pills that contained fentanyl to an individual. That person ingested the pills which resulted in her death from multiple drug intoxication, namely from an overdose of fentanyl, acetyl fentanyl, and citalopram.
United States District Judge Richard F. Boulware II accepted the guilty plea and set a sentencing hearing for February 21, 2019. The maximum penalty is 20 years and a $1,000,000 fine.
Fentanyl is a synthetic opioid that is 80-100 times stronger than morphine and 50 times stronger than heroin. Street names include “China Girl,” “King Ivory,” and “Murder 8.” Fentanyl is added to heroin to increase its potency, or be disguised as highly potent heroin. Many users believe that they are purchasing heroin and actually don’t know that they are purchasing fentanyl – which often results in overdose deaths.
The case was investigated by the DEA, with assistance from the Clark County Coroner’s Office. Assistant U.S. Attorney Brandon C. Jaroch is prosecuting the case.
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Hattiesburg Man Sentenced to 22 Years in Prison for Drug PossessionRead the Press Release
Hattiesburg, Miss – Brandon Easterling, 35, of Hattiesburg, Mississippi, was sentenced by U.S. District Judge Keith Starrett, to serve 264 months in federal prison, followed by five years of supervised release, for possession with intent to distribute methamphetamine, announced U.S. Attorney Mike Hurst and Assistant Special Agent in Charge Derryle Smith with the Drug Enforcement Administration (DEA). Easterling was also ordered to pay a $5,000 fine.
On June 24, 2014, DEA agents utilized an undercover agent to purchase 28.02 grams of methamphetamine from Easterling for $1,800. Easterling pled guilty to possession with intent to distribute methamphetamine on August 9, 2018.
The case was investigated by the Drug Enforcement Administration and prosecuted by Assistant United States Attorney Shundral H. Cole.
Guilty Plea for Carbondale Man Who Threatened to Blow up a U.S. Military Recruiting CenterRead the Press Release
George Rita II, 42, of Carbondale, Illinois, pleaded guilty today to making a false threat to blow up a military recruiting center in Carbondale. Rita had been named in a one-count indictment returned on July 11, 2018, charging him with intentionally conveying false information about a bomb threat, which is a federal offense. According to the indictment, on June 28, 2018, Rita sent a threatening anonymous message to an FBI tip line in Clarksburg, West Virginia, claiming that he was heading to a recruitment center to blow it up and that no one could stop him.
Although no location was originally given for the threatened recruitment center, the FBI was able to determine that the message had come from Southern Illinois and ultimately tracked the source of the message to an IP address assigned to Rita’s apartment, which is in close proximity to the U.S. Army Recruiting Office in Carbondale. During his plea hearing, the defendant admitted sending the threatening message and confirmed the information discovered during the FBI’s rapid response and investigation.
Sentencing is scheduled for December 27, 2018. Rita, who is currently being held without bond, faces up to five years imprisonment, three years of supervised release, and a maximum fine of $250,000.
Information leading to the charges against Rita was obtained in an investigation conducted by the Federal Bureau of Investigation, with assistance from the Carbondale, Illinois Police Department and the United States Marshals Service.
Grand Jury Indicts Hawthorne Man on 14 Federal Charges for Allegedly Collecting Life Insurance after Killing His Two ChildrenRead the Press Release
LOS ANGELES – A federal grand jury today named a Hawthorne man in a 14-count indictment that alleges he intentionally drove his family into the water at the Port of Los Angeles in a scheme to collect proceeds of life insurance policies he had purchased on their lives.
Ali F. Elmezayen, 44, was charged with four counts of mail fraud, four counts of wire fraud, one count of aggravated identity theft and five counts of money laundering. Elmezayen remains in federal custody after being arrested on November 7 by the FBI.
The indictment alleges that Elmezayen purchased several life and accidental death insurance policies providing coverage on himself, his domestic partner and their three children in 2012 and 2013. Elmezayen then drove a car with his partner and two youngest children off a wharf at the Port of Los Angeles on April 9, 2015. Elmezayen swam out the open driver’s side window of the car. Elmezayen’s partner, who did not know how to swim, escaped the vehicle and survived when a nearby fisherman threw her a flotation device. The two children, who were 8 and 13, drowned in the car.
Elmezayen then collected more than $260,000 in insurance proceeds from Mutual of Omaha Life Insurance and American General Life Insurance on the accidental death insurance policies he had taken out on the children’s lives, according to the indictment.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Elmezayen is scheduled to be arraigned on the indictment on November 29 in United States District Court.
If he were to be convicted of all the charges contained in the indictment, Elmezayen would face a statutory maximum sentence of 212 years in federal prison.
This case is being investigated by the Federal Bureau of Investigation and IRS Criminal Investigation. The federal investigators received substantial assistance from the Los Angeles Police Department, the Los Angeles Port Police and the Los Angeles City Attorney’s Office.
The case is being prosecuted by Assistant United States Attorneys Alex Wyman and David Ryan.
Georgia Man Pleads Guilty to Federal Drug ChargeRead the Press Release
HUNTINGTON, W.Va. – A Georgia man pled guilty yesterday to a federal drug charge, announced United States Attorney Mike Stuart. Jahrius Whitehead, 26, entered a guilty plea to an indictment charging him with possession with the intent to distribute cocaine and marijuana.
“Every traffic stop is a potentially dangerous situation for law enforcement,” said United States Attorney Mike Stuart. “Whitehead certainly presented a dangerous situation for everyone around him, but our law enforcement partners continue to make every effort to keep our highways safe and stop the deadly flow of drugs into West Virginia.”
Whitehead admitted that on September 5, 2018, he was pulled over on I-64 for speeding. Whitehead fled the traffic stop. Officers pursued him on I-64. Whitehead wrecked his vehicle and ran from his vehicle on foot. Officers found him a short distance from the interstate. After he gave officers consent to search his vehicle, officers located approximately 151 grams of cocaine and approximately 392 grams of marijuana. He admitted to officers that he had traveled to Huntington to sell the cocaine and marijuana.
Whitehead faces up to twenty years in federal prison when he is sentenced on February 25, 2019.
The Kenova Police Department conducted the investigation. The plea hearing was held before United States District Judge Robert C. Chambers. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
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Fugitive in Stock Manipulation Conspiracy Charged with Bail JumpingRead the Press Release
BOSTON – A convicted fraudster who was apprehended last week after repeatedly failing to appear for his sentencing hearing was indicted today for bail jumping.
David J. Aubel, 60, of Matthews, N.C., was indicted today on one count of failure to appear.
In November 2017, Aubel pleaded guilty to one count of conspiracy to commit securities and wire fraud, one count of securities fraud, and three counts of wire fraud in connection with his role in a stock manipulation scheme. Aubel had been released by the Court pending sentencing.
According to court documents, in September and October 2018, Aubel repeatedly failed to appear for scheduled, and repeatedly re-scheduled, sentencing hearings. Each time, Aubel informed the Court by phone or through counsel that his father was in poor health and that he was at his bedside. U.S. District Court Chief Judge Patti B. Saris rescheduled Aubel’s sentencing hearing for Oct. 18, 2018; however, Aubel once again failed to appear at that hearing – informing the Court through counsel that he had been hospitalized the night before. Aubel’s sentencing was then rescheduled for Nov. 5, 2018. Again, Aubel failed to appear for his sentencing on that day. Subsequently, the Court issued a warrant for his arrest and on Nov. 16, 2018, Aubel was arrested as he exited a hotel in Charlotte, NC.
The charge of failure to appear provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; John Gibbons, U.S. Marshal for the District of Massachusetts; Gregory Allyn Forest, U.S. Marshal of the Western District of North Carolina; and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Jordi de Llano, Deputy Chief of Lelling’s Securities & Financial Fraud Unit is prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Fort Edward Man Sentenced to 292 Months for Sexually Exploiting a ChildRead the Press Release
ALBANY, NEW YORK – James Mattison, age 47, of Fort Edward, New York, was sentenced today to 292 months in prison for sexually exploiting a child.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.
As part of his guilty plea, Mattison admitted that in October 2016, he exchanged more than 7,100 text messages with a 13-year-old boy whom he had met online using the Live.me phone application. Mattison claimed to be a teenage girl named Megan Mattison, and coerced the victim into taking and sending sexually explicit photographs of himself by threatening to commit suicide if the victim refused.
Senior United States District Judge Gary L. Sharpe also imposed a life term of supervised release, to begin after Mattison is released from prison. Mattison will also have to register as a sex offender when he is released from prison.
This case was investigated by the FBI, with assistance from the New York State Police and Washington County Probation Department, and was prosecuted by Assistant U.S. Attorney Alicia G. Suarez.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Former Tribal Official Convicted of 15 Counts of Sexual Abuse Crimes Involving Children, Fear & ForceRead the Press Release
United States Attorney Ron Parsons announced that Quentin P. Bruguier, Jr., a/k/a “JB,” of Lake Andes, South Dakota, was convicted by a federal jury of fifteen counts of sexual abuse offenses involving children, fear, and force. The jury returned the verdict on November 16, 2018.
According to the evidence presented at trial, between 1992 and 2016, Bruguier, who was a former Yankton Sioux Tribal Official, engaged in sexual acts with children. Bruguier used fear, force, or both when perpetrating the sexual assaults.
For the most serious offenses, the maximum penalty upon conviction is up to life imprisonment, a $250,000 fine, or both, 5 years and up to life of supervised release, and $100 to the Federal Crime Victims Fund. For five of the counts of conviction, Bruguier faces a mandatory minimum of 30 years of imprisonment for each count. Restitution may also be ordered.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Bruguier, age 55, is currently detained pending sentencing. A sentencing date has been set for February 11, 2019.
Former Memphis Police Officer Sentenced to 10 Years in Federal PrisonRead the Press Release
Memphis, TN – Former Memphis Police Officer, Kevin Coleman, 41, has been sentenced to 10 years imprisonment for narcotics and extortion offenses committed while on duty. U.S. Attorney D. Michael Dunavant announced the sentence today.
According to information presented in court, in early 2018, FBI and MPD-OCU initiated a joint investigation into possible criminal activity by Coleman. As part of an undercover operation, on March 7, 2018, Coleman was provided with identifying information on a vehicle operated by an undercover officer (UC), who Coleman believed to be a drug dealer. Coleman, while on duty, conducted a targeted traffic stop. During the traffic stop, Coleman placed the UC in handcuffs and directed him/her to the back seat of his MPD patrol vehicle. Coleman then searched the vehicle operated by the UC and removed $5000 in undercover funds from the vehicle.
On March 15, 2018, Coleman was given identifying information on a vehicle operated by another undercover officer, who Coleman believed to be a drug dealer. Coleman, again while on duty, conducted a targeted traffic stop. During the traffic stop, Coleman searched the vehicle and removed $8,000 in undercover funds, which had been placed in the center console prior to the traffic stop.
U.S. Attorney D. Michael Dunavant said, "Official misconduct and corruption by law enforcement officers strikes at the very heart of the criminal justice system, and damages the trust and confidence of citizens in proper police authority. When police officers use their badges to become drug dealers and highway robbers, it is our duty to expose their corruption, hold them accountable, and protect society from their dishonesty. This sentence will hopefully deter other corrupt police behavior, restore the public’s faith in honest officers, and send a message that nobody is above the law."
In April of 2018, Coleman agreed, together with MPD officer Terrion Bryson, 26, to escort approximately 2.5 kilograms of heroin to a storage facility in Memphis. Coleman was on duty, in his squad car at the time of the escort. Bryson, armed with a handgun, accompanied the driver, an undercover MPD officer, in the car with the heroin. Both Coleman and Bryson were arrested shortly thereafter.
"Former officer Coleman swore to be a public servant and abide by the law. He has pled to some very despicable charges. His actions are contrary to the dedication and sacrifice of the men and women of who loyally serve the citizens of this city. As Director, I will take swift action to remove anyone who fails to adhere to and uphold the high standards set forth in our law enforcement code of ethics," said Michael T. Rallings, Director, Memphis Police Department.
This sentencing sends a message that no one is above the law, especially those who have sworn an oath to uphold the law," said Jeremy N. Baker, Acting Special Agent in Charge of the Memphis Field Office of the Federal Bureau of Investigation. "Public corruption investigations such as this continue to be a priority for the FBI due to the immeasurable harm corruption causes in our communities and to the reputations of all law enforcement officers, the majority of which are honest, hardworking men and women who serve with honor and integrity."
On November 19, 2018, U.S. District Court Judge John T. Fowlkes Jr., sentenced Coleman to 120 months imprisonment followed by 5 years of supervised release. Bryson has entered a guilty plea and is currently awaiting sentencing.
This case was investigated by the Federal Bureau of Investigation and Memphis Police Department.
Assistant U.S. Attorney David Pritchard prosecuted this case on the government’s behalf.
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Former Green Bay Resident Pleads Guilty to Wire Fraud, Filing False Tax Returns and Aggravated Identity TheftRead the Press Release
Matthew D. Krueger, the United States Attorney for the Eastern District of Wisconsin, announced that Alma Ramirez (age: 40) formerly of Green Bay, Wisconsin, appeared in federal court in Green Bay and pleaded guilty to wire fraud, assisting in the filing false tax returns seeking fraudulent tax refunds, and aggravated identity theft.
As part of her plea, Ms. Ramirez, acknowledged that, during the period from March 2013 through May 2016, she and others working with her and at her direction, prepared and electronically filed with the IRS more than 60 false federal income tax returns that fraudulently sought the refund of more than $300,000 in federal income taxes.
In addition, Ms. Ramirez acknowledged that, as part of her scheme, she stole the identity of third parties and used those identities fraudulently by falsely claiming the stolen identities as dependents on tax returns.
Ms. Ramirez faces a minimum, mandatory sentence of two years in prison on the aggravated identity theft, and up to 20 years in prison on the wire fraud charge. She has also agreed to pay restitution to the IRS in the amount of $301,000. She is scheduled to be sentenced on February 19, 2019.
This matter was investigated by the Internal Revenue Service Criminal Investigation. This case is being prosecuted by Assistant United States Attorney Matthew L. Jacobs.
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For Additional Information Contact:
Public Information Officer Dean Puschnig 414-297-1700
Florence Man Pleads Guilty to Federal Gun and Drug ChargesRead the Press Release
Florence, South Carolina ---- United States Attorney Sherri A. Lydon announced today that Chadrick Letran James, 29, of Florence, South Carolina, pled guilty in federal court to possession with intent to distribute controlled substances and possession of a firearm in furtherance of a drug trafficking crime.
Evidence presented to the court showed that on September 1, 2017, a corporal with the Florence Police Department conducted a traffic stop of the vehicle James was driving. The corporal could smell an odor of marijuana coming from both James and the vehicle. James admitted to smoking marijuana and having marijuana in the vehicle’s cup holder. A search of the vehicle also revealed a plastic bag in the driver’s side door believed to be used to package narcotics and a book bag that contained several bags of marijuana, a bottle of crack cocaine, a bag of cocaine, a set of digital scales, and a Smith and Wesson, model SW40VE, .40 caliber pistol loaded with 14 rounds of .40 caliber ammunition.
James faces a maximum penalty of life in federal prison. United States District Judge R. Bryan Harwell accepted the guilty plea and will sentence James after receiving and reviewing a presentence report prepared by the United States Probation Office.
The charges against James were the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Florence Police Department. This case was prosecuted as part of the joint federal, state, and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001 that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Turning the tide of rising violent crime in America is a top priority for the Department of Justice, which has reinstituted PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy. Assistant United States Attorney Lauren Hummel of the Florence office is prosecuting the case.
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Five Drug-Traffickers Sentenced for Roles in Multi-Year ConspiracyRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that five individuals were sentenced by United States District Judge William K. Sessions for their roles in a multi-year conspiracy to distribute heroin, cocaine base, and cocaine. On November 19, 2018, Robbull Bryant was sentenced to a 90-month term of imprisonment, Elijah Ealey was sentenced to a 33-month term of imprisonment, and Jason Bunch was sentenced to an 18-month term of imprisonment. Earlier this year, Earl Brown was sentenced to a 48-month term of imprisonment and Alfred Spellman was sentenced to a 25-month term of imprisonment.
According to court filings, from late 2014 through August 26, 2016, the defendants conspired together to distribute large quantities of heroin, cocaine base, and cocaine in Brattleboro, Vermont and surrounding areas. With the assistance of confidential informants, law enforcement conducted 11 separate controlled purchases of heroin, cocaine base, and cocaine from the members of the conspiracy. On August 26, 2016, an argument over a drug debt led to a shootout between Bryant and another individual in which Bryant fired multiple rounds from a Ruger .40 caliber semiautomatic handgun in a residential neighborhood in Putney, Vermont.
Bryant was additionally convicted of being a felon in possession of a firearm. For his crimes he faced a 5-year mandatory minimum sentence and a statutory maximum term of 40 years in prison. The remaining defendants faced a statutory maximum term of 20 years in prison. In imposing the sentences, Judge Sessions considered a number of factors, including the severity of the offense, the harm controlled substances have caused to Vermont communities, and the defendants’ criminal records.
United States Attorney Christina E. Nolan commended the efforts of the Federal Bureau of Investigation, Department of Homeland Security, Bureau of Alcohol Tobacco and Firearms, and the Vermont State Police for their work on this investigation.
The prosecution was handled by U.S. Attorney Nolan, and Assistant U.S. Attorneys Nate Burris, and Paul Van de Graff. Bryant was represented by Attorney Michelle Barth, Ealey was represented by Attorney Richard Bothfeld, Bunch was represented by Attorney Robert Sussman, Brown was represented by Attorney Chandler Matson, and Spellman was represented by Attorney Craig Nolan.
Federal Prison Sentences Handed Down for “Crack” Cocaine and Methamphetamine Trafficking Operation in and Around Taylor, TXRead the Press Release
In Austin today, a federal judge sentenced 17 individuals, including ringleader Horace Lee Caruther, for their alleged roles in a narcotics distribution ring operating in and around the Taylor, TX, area announced U.S. Attorney John F. Bash and Drug Enforcement Administration (DEA) Special Agent in Charge Will Glaspy, Houston Division.
U.S. District Judge Lee Yeakel sentenced:
- Horace Lee Caruther, age 43 of Round Rock, TX, to 210 months in federal prison;
- William Collins (aka “Bugs”), age 62 of Taylor, TX, to 87 months in federal prison;
- Trevor Deshaun Hunt, age 26 of Taylor, to 57 months in federal prison;
- Gregory Bean, Jr., age 45 of Pflugerville, TX, to 15 months in federal prison;
- Robert Carl White, age 39 of Temple, TX, to 77 months in federal prison;
- Angel Amado Rodriguez, age 24 of Austin, to 188 months in federal prison;
- Kenneth Xavier Garza, age 23 of Austin, to 60 months in federal prison;
- Esmerelda Rodriguez, age 23 of Austin, to three years probation;
- Salomon Orozco-Benitez (aka “Viejito”), age 34 of Austin, to 168 months in federal prison;
- Elias Montiel, age 27 of Sanford, NC, to 46 months in federal prison;
- Federico Alvarez-Mendoza, age 37 of Cameron, NC, to 30 months in federal prison;
- David Ibarra, age 26 of Broadway, NC, to 30 months in federal prison;
- Miguel Benitez-Benitez (aka “Daniel Sanchez Benitez”), age 39 of Pflugerville, to 262 months in federal prison;
- Sandra Parra-Velez (aka “La Coyota”), age 34 of Austin, to 70 months in federal prison;
- Jose Parra-Martinez (aka “Vitaminas”), age 36 of Austin, to 60 months in federal prison;
- Maria Loreto Bustamonte, age 53 of Laredo, TX, to time served (approx. 14 months incarceration); and,
- Ana Patricia Gonzalez, age 48 of Laredo, to three years probation.
Previously, Garza and Parra-Martinez pleaded guilty to possession of a firearm during a drug trafficking crime and Esmerelda Rodriguez pleaded guilty to one count of misprision of felony. The remaining defendants mentioned above pleaded guilty to either conspiracy to distribute five kilograms or more of cocaine or possession with intent to distribute cocaine.
Co-defendant James Wilbert McNeil, age 71 of Round Rock, was sentenced on August 27, 2018, to time served (approx. 9 months incarceration) after pleading guilty to one count of misprision of felony. Also, co-defendant Jesus Parra-Martinez (aka “Chuy”), age 24 of Austin, was sentenced on October 26, 2018, to 87 months in federal prison after pleading guilty to one count of conspiracy to distribute five kilograms or more of cocaine.
According to court records, from July 2016 to October 2017, members of this organization were responsible for the distribution of large amounts of cocaine, methamphetamine and diverted pharmaceutical narcotics. The narcotics would be transported from Laredo to Central Texas and ultimately to areas across the U.S., including North Carolina, for further distribution. Defendants would also collect, transport and launder cash proceeds derived from the sale of narcotics. To date, this investigation has resulted in the arrests and conviction of 20 defendants; and, the seizure of $161,020 in U.S. Currency, six kilograms of cocaine, two ounces of “crack” cocaine, 42 pounds of marijuana and, three guns.
The DEA Austin High Intensity Drug Trafficking Area (HIDTA) Task Force investigated this case. The Austin Police Department, Cedar Park Police Department, Georgetown Police Department, Lakeway Police Department, Texas Department of Public Safety, Williamson County Sheriff’s Office, Travis County Sheriff’s Office, Hays County Sheriff’s Office, Bastrop County Sheriff’s Office, FBI, Homeland Security Investigations (HSI), and U.S. Immigration and Customs Enforcement (ICE) are participating agencies in the HIDTA Task Force.
The principal mission of the Organized Crime Drug Enforcement Task Force (OCDETF) program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering operations, and those primarily responsible for the nation’s illegal drug supply.
Eureka Man Sentenced to 12½ Years in Prison for Possessing Child PornographyRead the Press Release
SAN FRANCISCO – Richard Rood was sentenced today to 150 months in prison for possession of child pornography, 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 William H. Alsup, United States District Judge.
Rood, 74, of Eureka, pleaded guilty to the charge on September 4, 2018. According to the plea agreement, Rood admitted he used publicly available computers at the Humboldt County Library to locate, view, and save images and videos depicting minors engaged in sexually explicit conduct. Rood saved the images and videos to his personal email accounts and he also emailed the images and videos to his cellular phone. Using email, Rood also traded images and videos of minors engaged in sexually explicit conduct with others. He admitted that he possessed 230 images and 10 videos of minors engaged in sexually explicit conduct. Some of the images and videos, Rood admitted, depicted sadistic or masochistic portrayals of minors as young as 5 years of age. Further, Rood admitted he obtained and sent images to minors by email.
A federal grand jury indicted Rood on May 31, 2018, charging him with one count each of distribution, receipt and possession of child pornography, in violation of 18 U.S.C §§ 2252(a)(2) and 2252(a)(4)(B). Pursuant to his plea agreement, Rood pleaded guilty to the possession charge and the remaining charges were dismissed. The possession charge, in light of Rood’s history, carried a mandatory minimum sentence of 120 months in prison.
In addition to the prison term, Judge Alsup sentenced the defendant to a 10-year period of supervised release. Rood already is a registered sex offender. The defendant has been in custody since his arrest in July of 2018 and will begin serving his sentence immediately.
Assistant U.S. Attorney Jonathan U. Lee is prosecuting the case with the assistance of Kimberly Richardson. The prosecution is the result of an investigation by the Federal Bureau of Investigation and the Humboldt County Sheriff’s Office.
Euclid woman sentenced to more than five years in prison for $200,000 college student aid fraud and identity theftRead the Press Release
A Euclid woman was sentenced to more than five years in prison for a college student aid scam in which she fraudulently obtained more than $205,000.
Elizabeth Westmoreland, 69, was sentenced to 66 months in federal prison. She previously pleaded guilty to multiple counts of wire fraud, mail fraud, theft of government property and aggravated identity theft.
“This money was supposed to be used to help legitimate students pay for tuition and cover the cost of books and supplies,” U.S. Attorney Justin Herdman said. “This defendant got hundreds of thousands of dollars because she is a scammer. This prison sentence is deserved.”
Westmoreland, from 2013 through 2017, recruited “students” whose identities she could use to fraudulently enroll them at several community colleges, including Lakeland Community College, Owens Community College, University of Rio Grande and Edison State Community College. At least one “student” was incarcerated while he purported to attend Lakeland, according to court documents.
Westmoreland applied for financial aid using the fraudulent students. This aid covered the cost of tuition and other fees, which were sent directly to the schools, but also additional expenses, such as money for books, supplies, transportation and other fees. This money was sent from the U.S. Department of Education directly to the students, according to court documents.
As part of the conspiracy, Westmoreland and the fraudulent students split the proceeds of the student aid money. Westmoreland arranged for and/or personally completed the coursework online so the students continued to receive aid, according to court documents.
The checks were mailed to addresses controlled by Westmoreland, then she and other would transport the recruited fraudulent students to various locations to cash the checks and split the proceeds, according to court documents.
The U.S. Department of Education was defrauded approximately $178,476 and the Social Security Administration was defrauded approximately $27,267 as part of the conspiracy, according to court documents.
This case was investigated by the Social Security Administration -- Office of Inspector General, U.S. Department of Education -- Office of Inspector General, Postal Inspection Service and Department of Housing and Urban Development – Office of Inspector General. It was prosecuted by Assistant U.S. Attorneys Robert Kern and Danielle Angeli.
Erie Man Sentenced to Prison for Preparing more than 1,000 False Income Tax ReturnsRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, has been sentenced in federal court to 12 months and 1 day in jail and ordered to make restitution in the amount of $324,817.00 on his conviction of violating federal income tax laws, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on Roderick M. Jones, 54.
According to information presented to the court, Jones prepared and presented approximately 1,015 false and fraudulent individual income tax returns to the Internal Revenue Service. On each return, Jones falsely claimed the individual earned household help income which qualified them for the Earned Income Tax Credit and other credits increasing the refund paid to the individuals. Jones was paid $1,000 for his services and electronically filed the false returns with the IRS.
Assistant United States Attorney Marshall J. Piccinini prosecuted this case on behalf of the government.
United States Attorney Brady commended the Internal Revenue Service, Criminal Investigation Division for the investigation leading to the successful prosecution of Jones.
Erie Man Sentenced in Cocaine Trafficking ConspiracyRead the Press Release
ERIE, Pa. - A local man has been sentenced in federal court to six months probation and six months home detention on his conviction of violating federal drug laws, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on Jason Edward Moyer, 33, of Erie, Pennsylvania.
According to information presented to the court, Moyer conspired with four co-defendants to possess with intent to distribute and distributed less than five hundred grams of cocaine.
Assistant United States Attorney Marshall J. Piccinini prosecuted this case on behalf of the government.
United States Attorney Brady commended the Immigration and Customs Enforcement, Homeland Security Investigations, the Pennsylvania State Police, and the Coshocton County, Ohio Sheriff’s Office for the investigation leading to the successful prosecution of Moyer.
Enforcer of a Drug Trafficking Organization is Sentenced to 35 years in PrisonRead the Press Release
St. Louis, MO –Terrance Wilson, a/k/a “Mutt,” 30, of St. Louis, was sentenced today to 35 years in prison for conspiracy to distribute controlled substances and use of a firearm in furtherance of drug trafficking offense resulting in death.
On April 24, 2018, Terrance Wilson, a/k/a “Mutt,” entered pleas to drug conspiracy and a firearms charges. According to the plea agreement, defendant Wilson also served as an enforcer for the Donald White Drug Trafficking Organization and participated in the murders of Ronald James, Michael McGill, and Darrion Williams, Jr.
According to Wilson’s plea agreement he participated in several murders. On July 28, 2009, Wilson participated in the murder of Ronald James in front of Dismas House. The Donald White Organization enlisted Wilson and another to gun down James as part of an ongoing drug war. On March 26, 2010, Michael McGill was lured to the 5100 block of Maffitt, where he was murdered by members of the White Organization, including Wilson, who acted as a shooter. On July 23, 2010, Darrion Williams, Jr. was lured to an alley behind the 5100 block of Maffitt for a purported drug deal where he was gunned down by members of the White Organization. As part of his plea agreement, Wilson also admitted to his involvement in the murder of Damon Walker on April 30, 2010.
In May 2018, a jury convicted Donald Stewart, Wilson’s codefendant, of conspiracy to distribute narcotics and firearms charges related to the murders of Michael McGill and Darrion Williams, Jr. Stewart’s sentencing is set in January 2019.
The case was investigated by the St. Louis Metropolitan Police Department’s Intelligence and Homicide Divisions, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Federal Bureau of Investigation.
Eight Individuals arrested on Drug Conspiracy ChargesRead the Press Release
Eight defendants are in federal custody following their arrests in October and November 2018 on federal drug conspiracy charges, announced Erin Nealy Cox, U.S. Attorney for the Northern District of Texas.
The defendants -- Lea Lea Bills, of Stephenville, Texas, Jeanne Butler, of Stephenville, Texas, Shauna Michelle Campbell, of Morgan Mill, Texas, Edward Martin Carranza, of Dublin, Texas, Michael Tyler Davidson, of Stephenville, Texas, David Wayne Green, of Lipan, Texas, Brad Keith, of Stephenville, Texas, and Michaela Danese Moncrief, of Dublin, Texas -- were all charged with one count of conspiracy to possess with the intent to distribute a controlled substance, and made their initial appearance before U.S. Magistrate Judge Jeffrey Cureton.
According to a Complaint filed last month, from about July 2017 through August 30, the defendants conspired together, and with others, to possess with the intent to distribute 50 grams or more of methamphetamine throughout the Northern District of Texas and elsewhere.
Members of the conspiracy had a fluid hierarchy that evolved over time. Some of the money derived from the sale and distribution of the methamphetamine was used to purchase additional quantities of methamphetamine.
A complaint is a written statement of the essential facts of the offense charged and must be made under oath before a magistrate judge. The government has 30 days to present the matter to a grand jury for indictment. A defendant is entitled to the presumption of innocence until proven guilty through due process of law.
If convicted, defendants face up to 40 years in federal prison and a $5,000,000 fine.
The Drug Enforcement Administration and Stephenville Police Department are in charge of the investigation. Assistant U.S. Attorney Shawn Smith is prosecuting the case.
Edmond Nurse Agrees to Pay $130,000 for Allegedly Engaging in an Illegal Kickback SchemeRead the Press Release
A nurse from Edmond, Oklahoma, has agreed to pay the United States $130,000 for allegedly accepting illegal kickback payments from OK Compounding.
United States Attorney Trent Shores announced today that his office has entered into a settlement agreement with V. Erin Files, an Advanced Practice Registered Nurse, in order to recoup losses to the United States resulting from the illegal kickbacks. This civil settlement resulted from an investigation into numerous healthcare providers writing prescriptions for pain creams compounded and sold by OK Compounding.
In 2013, Files prescribed these pain creams for her patients, facilitating the sale and distribution of the creams. As compensation for her services, OK Compounding, paid Files what was characterized by the parties as “medical director fees” based upon an hourly rate. However, the payments Files received from the company were, in actuality, “kickbacks.” Because some of her patients were insured by TRICARE, the health care program of the U.S. Department of Defense Military Health System for military service members and retirees, the kickbacks were in violation of the False Claims Act. It is illegal to pay or receive kickbacks in conjunction with federal healthcare insurance.
Prohibitions against kickbacks are crucial to ensure that financial motives do not undermine the medical judgment of physicians and other health care providers. The civil False Claims Act is an important tool used to protect the integrity of taxpayer-funded health care programs.
“Unfortunately, abuse and exploitation of federal healthcare programs happens. The False Claims Act is one of the tools we use to hold accountable individuals, health care providers, and companies who illegally take money from the coffers of our federal healthcare system,” said U.S. Attorney Trent Shores. “It is unacceptable that Ms. Files received kickbacks as part of her work with a federal healthcare program that supports our military service men and women and their families. This U.S. Attorney’s Office is committed to working with our state and federal partners to investigate those abusing the system. I appreciate the dedicated work of the investigators and attorneys from my Affirmative Civil Enforcement team who brought this case.”
The agreement resolves allegations that Ms. Files had an illegal financial relationship with OK Compounding, concerning pain creams in 2013.
This matter was handled by Assistant U.S. Attorney Marianne Hardcastle and is the product of a collaborative investigation by the FBI, the U.S. Department of Health & Human Services- Office of Inspector General, the Department of Defense- Defense Criminal Investigative Service, the Drug Enforcement Administration, the United States Postal Inspection Service, the Oklahoma Attorney General’s Office, the Oklahoma State Board of Pharmacy, the Oklahoma State Board of Medical Licensure and Supervision and the Food and Drug Administration- Office of Criminal Investigation. The claims resolved by the settlement are allegations only; there has been no determination of liability.
Dominican National Pleads Guilty to Fentanyl, Heroin ConspiracyRead the Press Release
BOSTON – A Dominican national pleaded guilty today in federal court in Boston to her role in a widespread heroin and fentanyl conspiracy.
Isis Y Lugo-Guerrero, 46, a Dominican national residing in Dorchester, pleaded guilty to conspiracy to distribute and possess with intent to distribute heroin, fentanyl, and cocaine. U.S. District Court Judge Indira Talwani scheduled sentencing for March 6, 2019. Lugo-Guerrero was arrested on Feb. 14, 2017, and released from custody on March 2, 2017, on $10,000 unsecured bond. The first day of her week-long trial was scheduled to begin on Sept. 10, 2018, but she failed to appear in court, and a warrant was issued for her arrest. She was arrested on Oct. 3, 2018.
Lugo-Guerrero is the sister of Jose Antonio Lugo-Guerrero, the convicted leader of a Boston-based heroin and fentanyl trafficking organization. Isis Lugo-Guerrero conspired with her brother and others by regularly obtaining heroin and cocaine from him and by supplying him with substances to cut his drugs to make additional profit.
Jose Antonio Lugo-Guerrero pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute more than one kilogram of heroin, more than 400 grams of fentanyl, and more than five kilograms of cocaine, and one count of possession of a firearm in furtherance of a drug trafficking crime. He faces a mandatory minimum sentence of 15 years and up to life in prison. He is scheduled to be sentenced on Nov. 27, 2018.
The charge of conspiring to distribute heroin, fentanyl, and cocaine provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of up to $1 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Fall River Police Chief Albert F. Dupere; New Bedford Police Chief Joseph C. Cordeiro; Taunton Police Chief Edward James Walsh; Boston Police Commissioner William Gross; Bridgewater Police Chief Christopher Delmonte; and Bristol Country District Attorney Thomas M. Quinn made the announcement today. Assistant U.S. Attorney Ted Heinrich of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
District Man Found Guilty of First-Degree Murder While Armed in Slaying Outside Convenience Store in Northeast WashingtonRead the Press Release
WASHINGTON – Kenneth Adams, 20, of Washington, D.C., has been found guilty by a jury of first-degree murder while armed and related charges stemming from a killing that took place in 2016 in Northeast Washington, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
In addition to the murder charge, Adams was found guilty of a weapons offense related to the murder, as well as a robbery charge involving an earlier incident. The verdict was returned on Nov. 19, 2018, and followed a trial in the Superior Court of the District of Columbia. The Honorable Judith Bartnoff scheduled sentencing for Feb. 28, 2019.
According to the government’s evidence, on the night of Feb. 15, 2016, Adams and two others robbed a woman near the intersection of 21st Street and Maryland Avenue NE and threatened that her brother would be next. The woman told her brother what happened, and he confronted Adams and the others.
Then, on Feb. 19, 2016, at approximately 9:40 p.m., Adams armed himself with a .40-caliber revolver and walked a short distance from 21st and Maryland to the area of 19th Street and Benning Road NE. He was backed by several others from the neighborhood. He walked to the center of a parking lot, raised his left arm, and pointed his firearm at the woman’s brother, firing multiple times. The man was in a group that included Dante Kinard. The gunfire did not hit the intended target, but did hit Mr. Kinard, 21, who was standing in front of a convenience store at the time. He was shot in the back and right thigh and died a short time later.
Adams was arrested on June 15, 2016, and has been in custody ever since.
In announcing the verdict, U.S. Attorney Liu and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the assistance provided by U.S. Marshals Service, the U.S. Park Police, the FBI, and the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Sharon Donovan, Chrisellen Kolb, Daniel Lenerz, John Mannarino, David Misler, Rizwan Qureshi, and Thomas Saunders; Paralegal Specialists Debra Joyner, Alesha Matthews, Lornce Applewhite, Meridith McGarrity, and Sharon Newman; Investigative Analyst Zachary McMenamin; Litigation Technology Specialists Leif Hickling, Anisha Bhatia, and Thomas “Ron” Royal; Victim/Witness Advocate Diana Lim; Victim/Witness Security Specialists Lesley Slade and M. LaVerne Perry, and Intern Tia Kerkhof.
Finally, they commended the work of Assistant U.S. Attorneys Ahmed Baset and Monica Trigoso, who investigated and prosecuted the case.
District Court Enters Temporary Restraining Order Blocking Three Elder Fraud Schemes from Sending Fraudulent LettersRead the Press Release
A federal court in Central Islip, New York entered a temporary injunction today against individuals and corporations allegedly responsible for operating three international mail fraud schemes, the Department of Justice announced. These cases are part of the Department of Justice’s Elder Justice Initiative.
In a complaint filed today, the United States alleged that the 15 defendants mailed, or facilitated the mailing of, fraudulent solicitations related to three mail fraud schemes that primarily victimized the elderly or vulnerable. The solicitations purported to be personalized notices informing recipients that they had won a large cash prize but needed urgently to pay a fee to claim their winnings. The solicitations targeted victims throughout the world, and victims returned their payments to mailboxes located in the United States. Although victims sent in the requested fees by cash, check, or credit card, they did not receive large cash prizes in return. The complaint further alleges that the defendants were aware that the mailings deceived consumers into paying a fee and believing they had already won a valuable prize. The complaint alleges that victims sent thousands of dollars each week in response to the defendants’ fraudulent solicitations. The complaint alleged that in the last year, the three mail fraud schemes collectively mailed over half a million fraudulent letters, grossing an estimated $4.8 million in fraudulent proceeds.
Along with the complaint, the United States sought a temporary restraining order against the defendants to prevent them from continuing to send fraudulent solicitations during the pendency of the action. The district court found probable cause to believe that those defendants are engaged in mail fraud and entered the order. A preliminary injunction hearing is scheduled for December 3, 2018.
“We will not tolerate fraud, and we will not allow the U.S. Mail to be used as a conduit for fraudulent conduct,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division. “Illegal schemes that prey on people’s hopes are reprehensible, and we will continue to vigorously pursue the operators of such schemes.”
“These fraudulent solicitation schemes target elderly and vulnerable residents in our district, around the country and around the world with a promise of cash prizes that never arrive,” stated Richard P. Donoghue, United States Attorney for the Eastern District of New York. “We are committed to protecting our residents, and victims everywhere, from these cruel schemes.”
“The U.S. Postal Inspection Service has been at the forefront of protecting consumers from fraud schemes for many years,” said Inspector in Charge Delany De Leon-Colon for the U.S. Postal Inspection Service’s Criminal Investigations Group. “Deceptive solicitations take advantage of the American public with promises of easy money, when in reality, the scammers are the only ones making money. Investigations like this one let the American public – especially our vulnerable population – know that Postal Inspectors are working hard to protect them and ensure their confidence in the U.S. Mail.”
The complaint alleged that defendants Charles Kafeiti of Phoenix, Arizona; Anthony Kafeiti of Port Jefferson, New York; and Steven Diaz of Mt. Sinai, New York, operate fraud schemes that lead victims to believe a large cash awards awaits them. The three schemes were assisted by Drew Wilson, a resident of Vancouver, Canada, who provided logistical support. Other named defendants, Dennis Hunsaker, a resident of Las Vegas Nevada, and his company, Digital Matrix International Inc., assisted the direct mailers with online tools to manage their mailings, lists of recipients, lists of respondents, and fulfillments. Carmine Maietta and Elizabeth Maietta, residents of Westbury, New York, opened and processed victim returns. The suit also named a German corporation that processed victim payments for the scheme, SixEvolution GmbH, and its operator, David Anthony.
Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, The Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors. In particular, this past February the Attorney General announced the largest elder fraud enforcement action in American history, charging more than 200 defendants in a nationwide elder fraud sweep. The Department has likewise conducted hundreds of trainings and outreach sessions across the country since the passage of the Act.
Last week, the Department of Justice and the Department of Agriculture hosted an inaugural Rural and Tribal Elder Justice Summit in Des Moines, Iowa. The Summit focused on supporting the efforts of elder justice professionals to combat elder abuse and financial exploitation in rural and tribal communities, and included remarks from Acting Attorney General Matthew Whitaker.
In the matter filed today, the government is represented by Trial Attorney Jacqueline Blaesi-Freed of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorneys Seth Eichenholtz and John Vagelatos of the U.S. Attorney’s Office for the Eastern District of New York. The United States Postal Inspection Service provided investigative support.
A complaint is merely a set of allegations that, if the case were to proceed to trial, the government must prove to receive a determination of liability.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Eastern District of New York, visit its website at www.justice.gov/usao-edny. Information about the Department of Justice’s Elder Fraud Imitative is available at www.justice.gov/elderjustice.
District Court Enters Temporary Restraining Order to Shut Down Three Elder Fraud SchemesRead the Press Release
CENTRAL ISLIP – A federal court in Central Islip, New York, entered a temporary injunction yesterday against 15 individuals and corporations allegedly responsible for operating three international mail fraud schemes, the Department of Justice announced. The Department of Justice alleges that, in 2018 alone, the three schemes collectively mailed over half a million fraudulent letters and grossed an estimated $4.8 million in fraudulent proceeds. The case is part of the Department of Justice’s Elder Fraud Initiative.
In a complaint filed yesterday, the United States alleged that defendants mailed, or facilitated the mailing of, fraudulent solicitations related to three mail fraud schemes that primarily victimized the elderly or vulnerable. The solicitations purported to be personalized notices informing recipients that they had won multi-million dollar cash prizes but needed urgently to pay a fee to claim their winnings. The solicitations targeted victims throughout the world, and victims returned their payments to mailboxes located in the United States, primarily on Long Island. Although victims sent in the requested fees by cash, check or credit card, they did not receive large cash prizes in return. The complaint further alleges that the defendants were aware that the mailings deceived consumers into paying a fee and believing they had already won a valuable prize. The complaint alleges that victims sent thousands of dollars each week in response to the defendants’ fraudulent solicitations.
Along with the complaint, the United States sought a temporary restraining order against the defendants to prevent them from continuing to send fraudulent solicitations during the pendency of the action. The District Court found probable cause to believe that the defendants are engaged in mail fraud and entered the order. A preliminary injunction hearing is scheduled for December 3, 2018.
“These fraudulent solicitation schemes target elderly and vulnerable residents in our district, around the country and around the world with a promise of cash prizes that never arrive,” stated Richard P. Donoghue, United States Attorney for the Eastern District of New York. “We are committed to protecting our residents, and victims everywhere, from these cruel schemes.”
“We will not allow the U.S. Mail to be used as a conduit for fraud,” stated Joseph H. Hunt, Assistant Attorney General for the Department of Justice’s Civil Division. “Schemes that prey on people’s hopes are reprehensible. We will continue to pursue the operators of such schemes.”
“These individuals thought they would get away with a crime targeting the elderly and vulnerable who in many cases gave away money needed for day to day necessities. The victims were told they had won the lottery and needed to pay fees to receive their winnings,” stated Philip R. Bartlett, Inspector-in-Charge of the United States Postal Inspection Service, New York Division. “Postal Inspectors remind consumers that paying to play a lottery is a telltale sign it’s a scam. If you prey on the elderly and vulnerable, you will be brought to justice for your crimes.”
According to the complaint, Charles Kafeiti of Scottsdale, Arizona; Anthony Kafeiti of Port Jefferson, New York; and Steven Diaz of Mt. Sinai, New York, operate fraud schemes that lead victims to believe that large cash awards await them. Those defendants were assisted by Drew Wilson, a resident of Vancouver, Canada, who provided logistical support. Other named defendants, Dennis Hunsaker, a resident of Las Vegas Nevada, and his company, Digital Matrix International Inc., assisted the direct mailers with online tools to manage their mailings, lists of recipients, lists of respondents and fulfillments. Carmine Maietta and Elizabeth Maietta, both residents of Westbury opened and processed victim returns. The lawsuit also named a German corporation, SixEvolution GmbH and its operator, David Anthony, that processed victim payments for the scheme.
The government is represented by Trial Attorney Jacqueline Blaesi-Freed of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorneys Seth Eichenholtz and John Vagelatos of the U.S. Attorney’s Office for the Eastern District of New York. The United States Postal Inspection Service provided investigative support.
The claims made in the complaint are allegations that, if the case were to proceed to trial, the government must prove to receive a determination of liability.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Eastern District of New York, visit its website at www.justice.gov/usao-edny. Information about the Department of Justice’s Elder Fraud Imitative is available at www.justice.gov/elderjustice.
E.D.N.Y. Docket No. 18-CV-6581 (JMA)
Dean Jones Sentenced in Manhattan Federal Court to 26 Years in Prison in Connection with Violent Armed Robbery and Narcotics TraffickingRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that DEAN JONES, a/k/a “Kurupt,” was sentenced today in Manhattan federal court to 26 years in prison for robbing a restaurant in 2012, during which JONES shot an innocent customer, as well as for JONES’s participation in a wide-ranging conspiracy to distribute crack cocaine, heroin, and other drugs. JONES was convicted of robbery-related and narcotics-related offenses at separate jury trials in April and December 2017 before United States District Judge Vernon S. Broderick.
U.S. Attorney Geoffrey S. Berman said: “While robbing a restaurant, Dean Jones shot and badly injured an innocent civilian. What is more, Jones committed this robbery during the same time that he was selling large amounts of crack, heroin, and other drugs. Thanks to the exceptional work of the ATF, Jones will now spend decades in prison. Today’s sentence sends a strong message that this kind of violent and destructive behavior will not be tolerated.”
* * *
In addition to the prison term, JONES, 37, of Bronx, New York, was sentenced to five years of supervised release. Of the 10 defendants charged in connection to this case, all 10 have pled guilty or been convicted at trial.
Mr. Berman thanked and praised the Bureau of Alcohol, Tobacco, Firearms, and Explosives for its outstanding work in this investigation.
The case is being prosecuted by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Christopher Clore, Jessica Feinstein, Thomas McKay, and Hagan Scotten are in charge of the prosecution.
Claremore Man Convicted of Sexually Exploiting a ChildRead the Press Release
A Claremore man entered a guilty plea on Tuesday to sexual exploitation of a child, announced U.S. Attorney Trent Shores.
Zachary Newberry, 25, admitted that he coerced the minor victim into performing sexual acts with him and recorded the encounter on his cell phone.
On July 30, the Tulsa Police Department received Newberry’s phone in an anonymous package, which was accompanied by a note stating the phone contained child pornography. Detectives from the police department’s Cyber Crimes Unit forensically examined the phone and discovered that it had been used to film a single video of child pornography. Other information recovered from the phone led detectives to Newberry, who eventually confessed to filming himself sexually abusing the adolescent victim.
"Newberry’s heinous crimes involving the exploitation of a child were discovered because someone sent to law enforcement a package containing his cell phone. Inside the package, this anonymous tipster left a note that child pornography would be found on the phone. I don’t know the identity of the tipster, but I thank him or her for helping us. The anonymous package was vital in bringing Newberry’s despicable, criminal offenses to light,” said U.S. Attorney Trent Shores. “We as a society must band together to stop the proliferation of child pornography. We must stop those creating and supplying it, as well as those who sickeningly demand it. Tulsa’s Cyber Crimes detectives are at the forefront of this battle. They deftly take up the charge to locate and apprehend these perpetrators. The Tulsa Police Department acted swiftly and with urgency to track down this perpetrator. Their efforts also resulted in our identifying and rescuing a child victim from further sexual abuse.”
U.S. District Judge John E. Dowdell set Newberry’s sentencing for Feb. 25, 2019. Newberry faces a minimum penalty of 15 years in prison and a maximum penalty of 30 years in prison along with a $250,000 fine.
The Tulsa Police Department investigated the crime. Assistant U.S. Attorney Christopher J. Nassar prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Champaign Man Pleads Guilty to Charges of Attempted Possession with Intent to Distribute Fentanyl and Heroin in RockfordRead the Press Release
ROCKFORD — A Champaign man pleaded guilty today in federal court in Rockford before U.S. District Judge Frederick J. Kapala to two drug trafficking charges.
SETH LASHAWN HUNTER, 46, pleaded guilty to one count of attempted possession with intent to distribute 100 grams or more of heroin, and one count of attempted possession with intent to distribute fentanyl.
Hunter has been in federal custody since his arrest on Nov. 8, 2018. Sentencing is set for May 10, 2019, at 9:30 a.m., before U.S. District Judge Phillip G. Reinhard in Rockford.
According to the written plea agreement, on June 20, 2018, Hunter arranged for an individual in Long Beach, Calif., to ship two packages containing narcotics to Hunter at the residences of two of Hunter’s family members in Rockford. One package contained approximately 250 grams of heroin, and the other package contained approximately 998 pills that were designed to look like pharmaceutically manufactured oxycodone but contained amounts of fentanyl and acetyl fentanyl. Hunter arranged for the packages to be delivered to fictitious persons at Hunter’s family members’ residences in Rockford via the U.S. Postal Service. Hunter admitted that he traveled to Rockford over the weekend of June 22-24, 2018, to retrieve the packages of narcotics, and that he intended to distribute the heroin and the pills containing fentanyl and acetyl fentanyl after he received the packages. Law enforcement officers, however, intercepted the narcotics before the two packages were delivered.
The guilty plea was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Craig Goldberg, Inspector-in-Charge of the U.S. Postal Inspection Service in Chicago; and James M. Gibbons, Special Agent-in-Charge of the Chicago office of the U.S. Department of Homeland Security – Homeland Security Investigations. The government is represented by Assistant U.S. Attorney Talia Bucci.
Attempted possession of 100 grams or more of heroin with intent to distribute carries a mandatory minimum penalty of five years in prison, a maximum penalty of up to 40 years in prison, a period of supervised release after imprisonment of at least four years, and a fine of up to $5 million. Attempted possession of a detectable amount of fentanyl carries a maximum penalty of 20 years in prison, a period of supervised release after imprisonment of at least three years, and a maximum penalty of $1 million. The sentence will be determined by the United States District Court, guided by the Sentencing Guidelines.
Chairman and Ceo of Sham Oil and Gas Company Sentenced to 12 Years in Prison for International Fraud SchemeRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that RAHEEM J. BRENNERMAN, a/k/a “Jefferson R. Brennerman,” a/k/a “Ayodeji Soetan,” was sentenced yesterday in Manhattan federal court to 12 years in prison for operating a wide-ranging scheme to fraudulently obtain tens of millions of dollars in bank financing. BRENNERMAN was convicted by a jury on December 6, 2017, of conspiracy to commit bank and wire fraud, bank fraud, wire fraud, and visa fraud after a two-week trial before United States Circuit Judge Richard J. Sullivan, who also imposed yesterday’s sentence.
Manhattan U.S. Attorney Geoffrey S. Berman said: “For years, Raheem J. Brennerman conned financial institutions and investors into extending loans to his phony businesses. Instead of using that money for his sham business, Brennerman took elaborate steps to disguise his fraud and lined his own pockets with millions of dollars in the process. He will now serve a substantial prison sentence for his crimes.”
In sentencing BRENNERMAN, Judge Sullivan told him: “You’re an inveterate con man. You’re a crook.” Judge Sullivan also told BRENNERMAN, “You’re someone for whom the truth has no value. You’re a liar. Shame on you.”
According to the allegations in the Indictment, other filings in Manhattan federal court, and the evidence presented at trial:
BRENNERMAN, from 2011 until 2017, orchestrated a scheme to defraud financial institutions through his operation of a purported oil and gas company called The Blacksands Pacific Group, Inc. (“Blacksands Pacific”), as well as several subsidiaries and associated corporate entities. BRENNERMAN sought financing for purported business deals by falsely representing that Blacksands Pacific had significant worldwide involvement in the exploration and development of oil and gas reserves, produced over 10,000 barrels of oil per day, had over $1 billion in long-term assets and over 100 million barrels of proved oil reserves, and employed approximately 100 employees, when, in fact, BRENNERMAN knew that Blacksands Pacific lacked any long-term assets, and had, at most, a few employees and minimal involvement in the oil and gas industry. As part of the fraudulent scheme, BRENNERMAN also lied about his name, place of birth, citizenship, and finances, and invented fake employees. Once BRENNERMAN received financing from victims based on his false statements, BRENNERMAN used significant amounts of the money to pay his own personal expenses, including the lease of a luxury condominium in Las Vegas, Nevada, and stays at expensive hotels (including thousands of dollars’ worth of in-room dining service), as well as the purchase of international flights to Europe, chartered car services, fine jewelry, high-end designer clothing, and spa treatments. In total, BRENNERMAN attempted to defraud financial institutions of tens of millions of dollars.
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In addition to his prison term, BRENNERMAN, 40, of Las Vegas, Nevada, was sentenced to three years of supervised release, a forfeiture money judgment in the amount of $4,400,000, and restitution in an amount to be determined by the Court at a later date.
Mr. Berman praised the outstanding investigative work of the Special Agents for the United States Attorney’s Office for the Southern District of New York. He also thanked the United States Department of State’s Diplomatic Security Service, United States Immigration and Customs Enforcement’s Homeland Security Investigations, and the United States Postal Inspection Service for their assistance.
On September 12, 2017, BRENNERMAN and Blacksands Pacific were convicted by a jury of criminal contempt of court after a one-week trial before United States District Judge Lewis A. Kaplan. On May 21, 2018, Judge Kaplan sentenced BRENNERMAN to two years in prison and a $10,000 fine. The sentence imposed by Judge Sullivan will run consecutively to the sentence imposed by Judge Kaplan. On September 17, 2018, Judge Kaplan sentenced Blacksands Pacific to five years of probation and a $1,000,000 fine.
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This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Nicolas Roos, Danielle R. Sassoon, Robert B. Sobelman, and Emil J. Bove III are in charge of the prosecution.
Camden Man Sentenced to Twenty Years in Federal Prison for Kidnapping, Carjacking, and RobberyRead the Press Release
Columbia, South Carolina --- United States Attorney Sherri A. Lydon announced today that Kaycee White, 22, of Camden, South Carolina, was sentenced to 20 years in federal prison for kidnapping, carjacking, robbery, and firearm offenses.
Evidence presented to the court showed that White was responsible for a home invasion and armed robbery in Kershaw County in April and May 2016. During the home invasion, White entered a home with a sawed-off shotgun, held residents at gunpoint, and forced them into their vehicle. Once in the vehicle, White forced the victims to drive him to an ATM, where he demanded that a victim withdraw money and provide it to him. Fortunately, White left the scene after receiving the money and none of the victims were physically harmed.
Approximately two weeks later, White robbed a gas station located in Camden. During the robbery, White entered the station and held the clerk at gun point with a sawed-off shotgun, threatening to kill the clerk if he did not receive money. Ultimately, the clerk provided money to White and White ran from the store.
On January 10, 2018, White pled guilty to Kidnapping, Carjacking, Hobbs Act Robbery, and Use of a Firearm in Furtherance of a Crime of Violence. Senior United States District Judge Joseph F. Anderson sentenced White to 240 months in federal prison, to be followed by a 3-year term of court-ordered supervision. There is no parole in the federal system.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Camden Police Department, the Kershaw County Sherriff’s Office, and the South Carolina Law Enforcement Division. Assistant United States Attorney Will Lewis of the Columbia office prosecuted the case.
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California Man Sentenced for Conspiring to Distribute MarijuanaRead the Press Release
ERIE, Pa. - A resident of Foster City, California, has been sentenced in federal court to 24 months in jail on his conviction of violating federal drug laws, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on Robert Masaki Taylor II, 39.
According to information presented to the court, from in and around September 2013 to in and around January 2015, Taylor and three co-defendants conspired to possess with intent to distribute and distribute one hundred kilograms or more of a mixture and substance containing a detectable amount of marijuana.
Assistant United States Attorney Marshall J. Piccinini prosecuted this case on behalf of the government.
United States Attorney Brady commended the Department of Homeland Security, Immigration and Customs Enforcement, the Pennsylvania State Police and the Internal Revenue Service, Criminal Investigation for the investigation leading to the successful prosecution of Taylor.
Business owner indicted for paying cash bribes to Cleveland demolition employeeRead the Press Release
The owner of an asbestos removal and demolition business was indicted for paying cash bribes to a Cleveland employee in return for confidential information and preferential treatment regarding jobs for the city.
Eric Witherspoon, 55, of Warrensville Heights, was indicted on two counts of bribery and seven counts of honest services wire fraud.
According to the nine-count indictment filed in U.S. District Court:
Witherspoon owned and operated Arick’s Environmental Services, Inc. and Arick’s Services, which were asbestos removal and demolition businesses operating in Cleveland. Witherspoon submitted bids to the city of Cleveland in an attempt to obtain contracts for abatement and demolition work on behalf of the city.
Rufus Taylor was employed as Cleveland’s Chief of the Demolition Bureau. Taylor was responsible for assigning “board-ups” to contractors for vacant and abandoned properties in Cleveland, as well as locating contractors for and assigning emergency demolition jobs. He was also responsible for advising other city officials on which contractors should be solicited for bids and conducting inspections, which had to be completed before a contractor would be paid.
Witherspoon conspired with Taylor between November 2013 through September 2017. This included the two of them meeting at restaurants, job sites and parked cars in which Witherspoon paid cash to Taylor. In return, Taylor provided confidential information and advice about potential board-up and demolition jobs in Cleveland. Taylor also provided assistance to Witherspoon in assuring the jobs he worked on would be inspected quickly.
The two men met in November 2013 to discuss a demolition job at 887 Parkwood Drive. Witherspoon promised to pay Taylor $8,000 in exchange for Taylor getting Witherspoon on the bid list. Cleveland awarded Witherspoon the contract and he paid Taylor $8,000.
Taylor in October 2015 notified Witherspoon about an emergency demolition job on East 123rd Street and 1885 Coltman Ave. Witherspoon agreed to pay Taylor $12,000 in exchange for notifying him about the job.
Witherspoon was paid $94,640 by the city for work done at the location, but for reasons beyond Taylor’s control, Witherspoon’s business was not awarded the full contract and he never paid Taylor the full $12,000.
This case was investigated by the Federal Bureau of Investigation, the Department of Housing and Urban Development’s Office of Inspector General, and the Internal Revenue Service – Criminal Investigations.
It is being prosecuted by Assistant U.S. Attorney Chelsea S. Rice and Elliot Morrison.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
A charge is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.Buffalo Man Arrested for Sexual Enticement of an 11 Year Old GirlRead 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 Sachin Aji Bhaskar, 22, of Buffalo, NY, was arrested and charged by criminal complaint with sexual enticement of a minor. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that on August 11, 2018, the defendant, using a social media application, contacted a girl in Buffalo who was then 11 years old but claimed to be 15. In messages on the app, Bhaskar confirmed that the girl would lose her virginity to him. The defendant subsequently picked her up by car, and returned her home approximately three hours later after having sex with her.
The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroder and is being held pending a detention hearing on November 21, 2018.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent-in-Charge Gary Loeffert, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Bronx Man Charged with Defacing African Burial Ground National Monument with Threatening Racial SlurRead the Press Release
Geoffrey S. Berman, United States Attorney for the Southern District of New York, announced today that IVAN NIEVES has been charged with vandalism and disorderly conduct. NIEVES was arrested this morning and will be presented before United States Magistrate Judge Henry Pitman in Manhattan later this afternoon.
U.S. Attorney Geoffrey S. Berman said: “The protections of the First Amendment allow all Americans to express their opinions without fear of retaliation, censorship, or legal sanction. However, those protections do not apply when you deface federal property in the name of hate. Today’s arrest of Ivan Nieves for allegedly defacing the African Burial Ground National Monument aptly demonstrates the sanctity of those protections; and that those who do not follow the law while expressing their freedom of speech will be charged with federal crimes.”
As alleged in the Information,[1] on or about November 1, 2018, NIEVES defaced a sign on the grounds of the African Burial Ground National Monument by writing a threatening racial slur on it.
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NIEVES, 57, of the Bronx, New York, is charged with one count of vandalism and one count of disorderly conduct. Each charge carries a maximum penalty of six months in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the New York Regional Office of the Federal Protective Service, the New York Field Office of the United States Park Police, and the New York City Police Department.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Jacob R. Fiddelman is in charge of the prosecution.
The charges contained in the Information are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Information and the descriptions of the Information constitute only allegations, and every fact described should be treated as an allegation.
Bridgeport Man Charged with Crack and Cocaine Distribution OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that a federal grand jury in Hartford returned an indictment yesterday charging ROCKY SAMAS, also known as “Twin,” 47, of Bridgeport, with one count of possession with intent to distribute at 28 grams or more of cocaine base (“crack”), and one count of possession with intent to distribute cocaine.
As alleged in court documents, between August and October 2018, investigators conducted three controlled purchases of crack cocaine from Samas in Bridgeport. On November 6, 2018, Samas was arrested on a federal criminal complaint. On that date, investigators searched his Bridgeport residence and seized quantities of crack and powder cocaine.
If convicted, Samas, who has a prior federal narcotics conviction, faces a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of life on the crack cocaine charge, and a maximum term of imprisonment of 40 years on the powder cocaine charge.
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 Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force, and the Stamford and Bridgeport Police Departments. The case is being prosecuted by Assistant U.S. Attorney Joseph Vizcarrondo.
Boston Woman Pleads Guilty to Role in $2.7 Million Bank Fraud SchemeRead the Press Release
BOSTON – A Boston woman pleaded guilty yesterday in federal court in Boston for her role a scheme to embezzle more than $2.7 million from Bank of America using fraudulent donations to non-profit organizations.
Brianna Alexis Forde, 36, pleaded guilty to one count of conspiracy to commit wire fraud and two counts of wire fraud. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Feb. 2, 2019. In May 2017, Forde was indicted with co-conspirators Palestine Ace, a/k/a Pam Ace, 46, a former Senior Vice President of Bank of America’s Global Wealth & Investment Management Division, and her husband, Jonathan R. Ace, 46.
From approximately October 2010 to April 2015, the defendants engaged in an embezzlement and kickback scheme to defraud Bank of America of approximately $2.7 million using fraudulent donations to non-profit organizations. As part of the scheme, Palestine Ace used her position as a Senior Vice President at Bank of America to misappropriate funds from a marketing budget and transfer the money to non-profit organizations. Specifically, Palestine Ace authorized 75 transactions, each under $50,000, to non-profit organizations in Boston and Atlanta. Then, the defendants, either directly or indirectly, informed the non-profit organizations that a substantial portion of the donated funds must be returned in order to ensure that Bank of America would continue to fund the organization. The non-profit organizations either wrote a check to Jonathan Ace or Forde, or they returned funds to a Bank of America account, to which the defendants had access. On various occasions, Jonathan Ace pressured the recipients of the donated funds to return a higher percentage of the funds to him, by using intimidation and threats of public humiliation.
Palestine and Jonathan Ace used a portion of the funds they embezzled from Bank of America to support their lifestyle and pay for personal expenses, including lavish birthday parties and the purchase of a $17,000 Kawasaki motorcycle.
On Nov. 14, 2018, Palestine Ace was sentenced to one year and one day in prison, two years of supervised release and ordered to pay restitution of $2,778,000 after pleading guilty in February 2018 to one count of conspiracy to commit bank fraud, five counts of wire fraud, and 12 counts of bank fraud. On Nov. 15, 2018, Jonathan Ace was sentenced to two years in prison, two years of supervised release and ordered to pay restitution of $1,855,000 after previously pleading guilty to one count of conspiracy to commit bank fraud, three counts of wire fraud, and one count of engaging in an unlawful monetary transaction.
The charges of wire fraud and conspiracy each provide for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Boston Police Commissioner William Gross; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. Assistant U.S. Attorney Neil J. Gallagher of Lelling’s Securities and Financial Fraud Crimes Unit prosecuted the case.
Billings man sentenced in firearms theftRead the Press Release
BILLNGS—Billings resident Austin Lee Lamb was sentenced to two years in prison on Monday for conviction of theft and possessing stolen firearms after a pawn shop burglary, U.S. Attorney Kurt Alme announced.
U.S. District Judge Susan P. Watters presided at the hearing. Judge Watters also ordered Lamb to pay $650 restitution and imposed three years supervised release.
Lamb, 19, pleaded guilty on June 26 to theft from a federally licensed firearms dealer and to possession of stolen firearms.
An investigation into a burglary at Northwest Pawn & Gun in Billings on April 13, 2017 led to Lamb. A surveillance video showed three individuals attempting to break into the business and eventually Lamb pried open a door. All three persons entered. Lamb was convicted of having possessed a stolen semi-automatic pistol and an AR-15 semi-automatic rifle.
Assistant U.S. Attorney Lori Suek prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together federal, state, local and tribal law enforcement agencies and the communities they serve to reduce violent crime and make neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals.
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Billings man sentenced for illegal firearms possessionRead the Press Release
BILLNGS—U.S. Attorney Kurt G. Alme announced today that Lance X. Ratcliff, a Billings resident, was sentenced on Tuesday to 15 months in prison and three years supervised release for illegally possessing a shotgun that was found between the mattress and box spring of his bed.
U.S. District Judge Susan Watters presided at sentencing.
Ratcliff pleaded guilty in June to being a prohibited person in possession of a firearm.
The investigation began in March 2018 after Ratcliff provided a urine sample to the Montana Department of Corrections, Billings Probation and Parole Office as part of conditions of supervision in a Wyoming case. Ratcliff had been convicted of felony possession of cocaine in Wyoming in 2017. The drug test result was positive, which led to a search of Ratcliff’s residence.
During the search, law enforcement officers recovered a 12 gauge pump action shotgun, which was loaded with five rounds of ammunition, from between the mattress and box spring of the bed in Ratcliff’s bedroom. Officers also recovered a box of 12 gauge shotgun ammunition from a closet. The Bureau of Alcohol, Tobacco, Firearms and Explosives determined that the shotgun had been stolen from a Billings resident in April 2014.
Assistant U.S. Attorney Tom Godfrey prosecuted the case, which was investigated by the ATF.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together federal, state, local and tribal law enforcement agencies and the communities they serve to reduce violent crime and make neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals.
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Bart Posy, Sr. Sentenced to Federal Prison for $22 Million Healthcare Fraud SchemeRead the Press Release
NASHVILLE, Tenn. – November 20, 2018 – The former owner of American Trade Association (“ATA”) and Smart Data Solutions (“SDS”) will spend the next 14 years in federal prison for defrauding thousands of people across the nation, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
Bart Sidney Posey, 51, of Springfield Tennessee, was sentenced today by U.S. District Judge Aleta Trauger for leading a multi-million dollar health insurance fraud scheme that left over 17,000 victims in its wake. Judge Trauger also ordered Posey to pay $6,524,888.86 in restitution and ordered that he be immediately taken into custody to begin serving his sentence.
“The massive fraud committed by this individual caused unimaginable turmoil and loss for thousands of our nation’s vulnerable citizens who believed they had health insurance coverage only to discover at the most critical time that they had purchased a product that was essentially useless,” said U.S. Attorney Cochran. “To listen to the accounts of the life altering consequences for so many people is truly heart wrenching and drives our prosecutors to seek justice on their behalf.”
Posey pleaded guilty in January and admitted that, from January 2008 through March 2010, he and his co-conspirators engaged in a widespread fraud designed to defraud consumers looking for health insurance. Through ATA and SDS, Posey sold and caused others to sell bogus health insurance products to unsuspecting consumers. Posey admitted that he duped consumers by denying legitimate health insurance claims, selling an insurance product that was not backed by a legitimate underwriter, and embezzling millions of dollars of insurance premiums paid to his company by victims. Posey used those premium payments to buy, among other things; a Harley Davidson motorcycle; a sports car; college football tickets; and to pay off a $500,000 personal mortgage. The scheme left more than 17,000 victims across the country and many were left financially devastated and unable to obtain health insurance to cover life sustaining medical treatment.
This case was investigated by the FBI; the United States Postal Inspection Service; the United States Department of Labor Employee Benefits Security Administration and Office of Inspector General; the United States Secret Service; and the IRS-Criminal Investigation. Assistant United States Attorneys Thomas J. Jaworski and Kathryn W. Booth prosecuted the case.
Atlanta Business Owner Pleads Guilty in $5.7 Million Rite Aid Vendor Kick-Back SchemeRead the Press Release
HARRISBURG –The United States Attorney’s Office for the Middle District of Pennsylvania announced that Larry D. Nuckols, age 69, of Valdosta, Georgia, co-owner of Nuvision, Inc., an Atlanta, Georgia based company, pleaded guilty today before United States District Court Judge John E. Jones, III, to vendor kick-back charges that defrauded Rite Aid, Inc. out of $5.7 million.
According to U.S. Attorney David J. Freed, Nuckols was charged in a criminal information filed on September 20, 2018, with one count of wire fraud. The Information alleged that Nuckols engaged in a kick-back scheme with James W. Pilsner, age 60, of Harrisburg, Pennsylvania, a former Vice President for Advertising for Rite Aid, and Vance Taylor, age 71, of Acworth, Georgia, co-owner of Nuvision, Inc., between 1995 and August 2017.
Nuckols and Taylor entered into an agreement with Pilsner whereby Pilsner would approve Nuvision’s invoices, some of which were false and inflated, for payment. In exchange, Nuckols and Taylor would “kick-back” a significant portion of Rite Aid’s payments to Pilsner.
Between 2001 and August of 2017, Rite Aid paid Nuvision approximately $45.3 million dollars. Pilsner received no less than $5,124,862 in kick-backs over that time period, with another $634,300 paid to other Rite Aid employees designated by Pilsner, bringing the total loss to Rite Aid to $5,759,162.
Nuckols tendered restitution to Rite Aid in the amount of $1,919,720 at the time he entered his guilty plea. Nuckols also agreed to forfeit a $1.3 million yacht seized by the government and his interests in nine parcels of real estate located in Florida, Georgia, Alabama, and Costa Rico to the government.
James Pilsner pleaded guilty to wire fraud and tax evasion charges on October 1, 2018, before Judge Jones. Pilsner was charged with Income Tax Evasion for tax year 2013. The Information alleged that in March 2014, Pilsner filed an income tax return that did not report his receipt of $411,500 in kick-back money during 2013, thereby avoiding approximately $157,648, in federal income taxes. The Information sought the forfeiture of Pilsner’s interests in $5,743,162 and his Harrisburg residence. Pilsner paid $300,000 towards his tax restitution obligation of approximately $592,000 for the period 2013-2017 at the time he entered his guilty plea. Pilsner also agreed to pay the balance owed to the IRS by the time of his sentencing.
Vance Taylor was indicted on 40 counts of mail fraud, wire fraud, and money laundering on September 19, 2018. His indictment seeks the forfeiture of $1,239,058 in U.S. Currency, eight cash/investment accounts, 73 tracts of real estate in Georgia, Florida and Alabama, and Taylor’s half interest in the $1.3 million yacht. Taylor is currently awaiting trial scheduled for February 5, 2019.
The case is being investigated by the Harrisburg Offices of the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Kim Douglas Daniel is prosecuting the case.
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 mail fraud and wire fraud is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for unlawful monetary transactions 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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Aryan Circle gang leader and gang member sentenced to prison for being accessories-after-the-fact to racketeering murder, among other chargesRead the Press Release
ALEXANDRIA, La. – A senior leader of the Aryan Circle (AC) and a gang member were sentenced today for being an accessory-after-the-fact to racketeering murder, announced U.S. Attorney David C. Joseph of the Western District of Louisiana and Assistant Attorney General Bryan A. Benczkowski of the Justice Department’s Criminal Division.
United States District Court Judge Dee D. Drell sentenced David Wayne Williams, 38, of Sulphur, Louisiana, a senior leader in the gang, was sentenced to serve 157 months in prison and four years of supervised release and Richard Alan Smith, 47, of Little Rock, Arkansas was sentenced to serve 150 months in prison to be served consecutive to his current state charges and three years of supervised.
On Aug. 22, 2018, Williams pleaded guilty to the charge of accessory-after-the-fact to racketeering murder of Clifton Hallmark, drug trafficking and weapons possession. On July 25, 2018, Smith pleaded guilty to the accessory-after-the-fact charge.
According to the plea agreement, the AC is a race-based, multi-state organization that operates inside and outside of state and federal prisons throughout Texas, Louisiana, and the United States. The AC was established in the mid-1980s within the Texas prison system (TDCJ). Recently, the AC’s structure and influence expanded to rural and suburban areas throughout Texas, Louisiana, and Missouri. The AC emerged as an independent organization during a period of turmoil within the Aryan Brotherhood of Texas (ABT). The AC was relatively small in comparison to other prison-based gangs, but grew in stature and influence within TDCJ in the 1990s, largely through violent conflict with other gangs, white and non-white alike.
The plea agreement further alleges that the AC enforces its rules and promotes discipline among its members, prospects and associates through murder, attempted murder, assault, robbery and threats against those who violate the rules or pose a threat to the organization. Members, and oftentimes associates, are required to follow the orders of higher-ranking members without question.
In pleading guilty to the accessory charge, Williams and Smith admitted to being accessories to the murder of Hallmark on or around July 1, 2016, when a fellow AC member shot Hallmark in the side of his head at point blank range at an AC “church” meeting in Turkey Creek, Louisiana. Williams and Smith both admitted to being members of the AC criminal enterprise. Williams admitted to being a senior leader of the gang.
This case is being investigated by an Organized Crime Drug Enforcement Task Force consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; Federal Bureau of Prisons; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; Louisiana State Police; Evangeline Parish, (LA) Sheriff’s Office; Evangeline Parish District Attorney’s Office; Texas Department of Public Safety; Houston Police Department-Gang Division; Texas Department of Criminal Justice; New Jersey Department of Corrections-Special Investigations Division; Arnold (MO) Police Department; Jefferson County (MO) Sheriff’s Department; St. Louis Metropolitan Police Department; St. Louis County (MO) Police Department; Montgomery County (TX) Precinct 1 Constable’s Office; Indiana State Police; Indiana Department of Corrections; Carrollton (TX) Police Department; Waller (TX) Police Department; Montgomery County (TX) Sheriff’s Office; Travis County (TX) Sheriff’s Office and the Tarrant County (TX) Sheriff’s Office.
The case is being prosecuted by Assistant U.S. Attorney Dominic Rossetti of the Western District of Louisiana and Trial Attorney David Karpel of the Criminal Division’s Organized Crime and Gang Section.
Aryan Circle Gang Leader and Gang Member Sentenced to Prison for Being Accessories-After-the-Fact to Racketeering Murder, Among Other ChargesRead the Press Release
A senior leader of the Aryan Circle (AC) and a gang member were sentenced today for being accessories-after-the-fact to racketeering murder, announced Assistant Attorney General Bryan A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney David C. Joseph of the Western District of Louisiana.
David Wayne Williams, 38, of Sulphur, Louisiana, a senior leader in the gang, was sentenced to serve 157 months in prison and four years of supervised release and Richard Alan Smith, 47, of Little Rock, Arkansas was sentenced to serve 150 months in prison to be served consecutive to his current state charges and three years of supervised release by U.S. District Court Judge Dee D. Drell in the Western District of Louisiana.
On Aug. 22, 2018, Williams pleaded guilty to the charge of accessory-after-the-fact to racketeering murder of Clifton Hallmark, drug trafficking and weapons possession. On July 25, 2018, Smith pleaded guilty to the accessory-after-the-fact charge.
According to the plea agreement, the AC is a race-based, multi-state organization that operates inside and outside of state and federal prisons throughout Texas, Louisiana, and the United States. The AC was established in the mid-1980s within the Texas prison system (TDCJ). Recently, the AC’s structure and influence expanded to rural and suburban areas throughout Texas, Louisiana, and Missouri. The AC emerged as an independent organization during a period of turmoil within the Aryan Brotherhood of Texas (ABT). The AC was relatively small in comparison to other prison-based gangs, but grew in stature and influence within TDCJ in the 1990s, largely through violent conflict with other gangs, white and non-white alike.
The plea agreement further alleges that the AC enforces its rules and promotes discipline among its members, prospects and associates through murder, attempted murder, assault, robbery and threats against those who violate the rules or pose a threat to the organization. Members, and oftentimes associates, are required to follow the orders of higher-ranking members without question.
In pleading guilty to the accessory charge, Williams and Smith admitted to being accessories to the murder of Hallmark on or around July 1, 2016, when a fellow AC member shot Hallmark in the side of his head at point blank range at an AC “church” meeting in Turkey Creek, Louisiana. Williams and Smith both admitted to being members of the AC criminal enterprise. Williams admitted to being a senior leader of the gang.
This case is being investigated by an Organized Crime Drug Enforcement Task Force consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; Federal Bureau of Prisons; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; Louisiana State Police; Evangeline Parish, (LA) Sheriff’s Office; Evangeline Parish District Attorney’s Office; Texas Department of Public Safety; Houston Police Department-Gang Division; Texas Department of Criminal Justice; New Jersey Department of Corrections-Special Investigations Division; Arnold (MO) Police Department; Jefferson County (MO) Sheriff’s Department; St. Louis Metropolitan Police Department; St. Louis County (MO) Police Department; Montgomery County (TX) Precinct 1 Constable’s Office; Indiana State Police; Indiana Department of Corrections; Carrollton (TX) Police Department; Waller (TX) Police Department; Montgomery County (TX) Sheriff’s Office; Travis County (TX) Sheriff’s Office and the Tarrant County (TX) Sheriff’s Office.
The case is being prosecuted by Trial Attorney David Karpel of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Dominic Rossetti of the Western District of Louisiana.
Anchorage Man Sentenced for Role in Drug Trafficking ConspiracyRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that an Anchorage man has been sentenced to federal prison for his role in a conspiracy to distribute methamphetamine and heroin in Alaska.
Khamsay Xayamonty, 35, of Anchorage, was sentenced today by Chief U.S. District Judge Timothy M. Burgess, to serve nine years in prison, followed by five years of supervised release, after previously pleading guilty to one count of drug conspiracy. Xayamonty also agreed to forfeit all rights to $40,000 in drug proceeds that had been seized during the course of the investigation.
Xayamonty’s co-conspirator, Chakaphong Chantha, 30, of Anchorage, was previously sentenced to serve seven years in prison, followed by three years of supervised release, after previously pleading guilty to one count of drug conspiracy.
According to court documents, sometime between April 2015 and continuing to June 2016, Xayamonty, Chantha, and others entered into an agreement to obtain controlled substances, including methamphetamine and heroin, from sources in California, for distribution in Alaska. Part of Xayamonty’s role in the conspiracy was to transport money he received from others in Alaska to the source of supply in California. At the time of Xayamonty’s arrest in June 2016, he was found traveling with a case full of firearms, including one with an obliterated serial number, as well as $40,000 in admitted drug proceeds.
This case was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF). The U.S. Postal Inspection Service (USPIS), the Drug Enforcement Administration (DEA), the Alaska State Troopers (AST), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation leading to the successful prosecution of this case. This case was prosecuted by Assistant U.S. Attorney Stephan A. Collins.
Albuquerque, New Mexico, Man Pleads Guilty to Additional Felony Charges in Interstate Dog Fighting ConspiracyRead the Press Release
NEWARK, N.J. – An Albuquerque, New Mexico, man has been convicted on federal dog fighting charges, stemming from a case brought by federal authorities in the U.S. District Court in the District of New Mexico. Robert Arellano, 65, pleaded guilty on Nov. 15, 2018, in federal court in Trenton, New Jersey, to three felony counts (Counts 1-3 of the indictment) of possessing a dog intended for use in an animal fighting venture at his home in Albuquerque. U.S. Attorney for the District of New Jersey Craig Carpenito, Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environment and Natural Resources Division, and U.S. Attorney for the District of New Mexico John C. Anderson made the announcement.
“Dog fighting is vicious and cruel. And beyond the needless suffering it inflicts on animals, it exacts a toll on local animal shelters, humane organizations, and the taxpayers of New Jersey,” U.S. Attorney Carpenito said. “The message from this conviction is simple: if you fight dogs in New Jersey, you will face prosecution and imprisonment.”
“Dog fighting is a cruel and brutal practice that has no place in a civilized society,” said Assistant Attorney General Jeffery Bossert Clark. “The Department of Justice is aggressively pursuing those who engage in this inhumane spectacle, which is often linked with many forms of violent and organized criminal activity. Today’s sentencing demonstrates our firm commitment to fight back against those who would abuse these animals, in clear violation of federal law.”Yesterday’s conviction is separate from and in addition to a verdict rendered against Arellano and three others by a federal jury in Trenton in October. In that case, the jury convicted the four defendants on all 23 counts of violating and conspiring to violate the animal fighting prohibitions of the federal Animal Welfare Act, following a near month-long trial before Judge Sheridan.
From 2012 through June 1, 2016, Arellano possessed dogs at his home in Albuquerque for dog fighting purposes, and trafficked in dogs with other dog fighters in Indiana and New Jersey so that those dogs could be used in fights. He also maintained a collection of dog fighting videos, records, how-to materials, and photographs. Arellano meticulously recorded the dogs’ fighting pedigrees and histories, previous fights and kills, serious injuries they inflicted on other dogs or sustained themselves, and future planned fights for the dogs. He also kept veterinary drugs and equipment to shield the dogs from professional veterinary scrutiny and care, including a used I.V. line containing canine DNA, injectable horse steroids, and injectable veterinary medicines manufactured in Mexico.
This case is part of Operation Grand Champion, an ongoing multi-state dog fighting investigation. The phrase “Grand Champion” is used by dog fighters to refer to a dog with more than five dog fighting “victories.” To date, 123 dogs have been rescued as part of Operation Grand Champion, and either surrendered or forfeited to the government, and eleven defendants have been convicted or indicted in four different states. The case was prosecuted in New Jersey by Assistant U.S. Attorney Kathleen O’Leary of the Health Care and Government Fraud Unit, and in New Mexico by Trial Attorney Ethan Eddy of the Justice Department’s Environmental Crimes Section and Assistant U.S. Attorneys Letitia Simms and Paul Mysliwiec. The case was investigated by the U.S. Department of Agriculture – Office of Inspector General and the Federal Bureau of Investigation.
Each count of conviction carries a maximum of five years in prison and a criminal fine of up to $250,000. Five other defendants in the case previously pleaded guilty to dog fighting and firearms charges and were sentenced to a total of 153 months in prison.
Albuquerque Man Pleads Guilty to Additional Felony Charges in Interstate Dog Fighting ConspiracyRead the Press Release
A resident of Albuquerque has been convicted on federal dog fighting charges, stemming from a case brought by federal authorities in the U.S. District Court in the District of New Mexico. Robert Arellano, 65, pleaded guilty on November 15, 2018, in federal court in Trenton, New Jersey, to three felony counts of possessing a dog intended for use in an animal fighting venture at his home in Albuquerque. Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environment and Natural Resources Division, United States Attorney for the District of New Mexico John C. Anderson, and United States Attorney for the District of New Jersey Craig Carpenito made the announcement.
“Dog fighting is a cruel and brutal practice that has no place in a civilized society,” said Assistant Attorney General Clark. “The Department of Justice is aggressively pursuing those who engage in this inhumane spectacle, which is often linked with many forms of violent and organized criminal activity. This conviction demonstrates our firm commitment to fight back against those who would abuse these animals, in clear violation of federal law.”
“Dogfighting for entertainment and profit is the organized and heinous business of breeding and conditioning dogs to fight each other until one dog kills the other,” said New Mexico U.S. Attorney John C. Anderson. “These convictions bring to an end Mr. Arellano’s 30 years in this unconscionable business, and hopefully will deter others who seek to profit from forcing animals fight to the death. In New Mexico, we will continue to seek out and punish those who exploit and abuse animals.”
“Dog fighting is vicious and cruel. And beyond the needless suffering it inflicts on animals, it exacts a toll on local animal shelters, humane organizations, and the taxpayers of New Jersey,” U.S. Attorney Carpenito said. “The message from this conviction is simple: if you fight dogs in New Jersey, you will face prosecution and imprisonment.”
This conviction is separate from and in addition to a verdict rendered against Arellano and three others by a federal jury in Trenton, New Jersey in October. In that case, the jury convicted the four defendants on all 23 counts of violating and conspiring to violate the animal fighting prohibitions of the federal Animal Welfare Act, following a near month-long trial before Judge Sheridan.
From 2012 through June 1, 2016, Arellano possessed dogs at his home in Albuquerque for dog fighting purposes, and trafficked in dogs with other dog fighters in Indiana and New Jersey so that those dogs could be used in fights. He also maintained a collection of dog fighting videos, records, how-to materials, and photographs. Arellano meticulously recorded the dogs’ fighting pedigrees and histories, previous fights and kills, serious injuries they inflicted on other dogs or sustained themselves, and future planned fights for the dogs. He also kept veterinary drugs and equipment to shield the dogs from professional veterinary scrutiny and care, including a used I.V. line containing canine DNA, injectable horse steroids, and injectable veterinary medicines manufactured in Mexico.
This case is part of Operation Grand Champion, an ongoing multi-state dog fighting investigation. The phrase “Grand Champion” is used by dog fighters to refer to a dog with more than five dog fighting “victories.” To date, 123 dogs have been rescued as part of Operation Grand Champion, and either surrendered or forfeited to the government, and eleven defendants have been convicted or indicted in four different states. The case was prosecuted in New Mexico by Trial Attorney Ethan Eddy of the Justice Department’s Environmental Crimes Section and Assistant U.S. Attorneys Letitia Simms and Paul Mysliwiec. The case was investigated by the U.S. Department of Agriculture – Office of Inspector General and the Federal Bureau of Investigation.
Each count of conviction carries a maximum of five years in prison and a criminal fine of up to $250,000. Five other defendants in the case previously pleaded guilty to dog fighting and firearms charges and were sentenced to a total of 153 months in prison.
Monday 19 November 2018
Wilkes-Barre Man Indicted for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jarrett Edmonds, also known as “Lollipop” and “Dollar,” age 36, of Wilkes-Barre, Pennsylvania, was indicted on November 13, 2018, by a federal grand jury for possession with intent to distribute heroin, fentanyl, and crack cocaine. The case was unsealed following Edmonds’ arrest.
According to United States Attorney David J. Freed, the indictment alleges that Edmonds possessed with the intent to distribute heroin, fentanyl, and crack cocaine on July 7, 2017, in Luzerne County.
The case was investigated by the Federal Bureau of Investigation and Wilkes-Barre Police. Assistant United States Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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 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 20 years’ 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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