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29 January 2019
Five Aliens Indicted on Illegal Reentry ChargesRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging MAYOLO AGUILINO JIMENEZ-MARTINEZ, age 35, of Mexico, JOSE OSIEL GOMEZ-ROMERO, age 33, of Mexico, ELEAZAR IRACHETA-PADILLA, age 34, of Mexico, JOSE LUIS TORRALBA-AMADOR, age 37, of Mexico, and JAVIER CABRERA-QUIROZ, age 41, of Mexico, with Illegal Reentry of a Deported Alien.
If convicted of illegal reentry subsequent to a felony conviction, JIMENEZ-MARTINEZ, previously deported five times and found in Franklin County, would face maximum penalties of 10 years imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of illegal reentry of a deported alien, GOMEZ-ROMERO, previously deported three times and found in Pitt County, IRACHETA-PADILLA, previously deported three times and found in Wake County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
TORRALBA-AMADOR, previously deported four times and found in New Hanover County, is alleged to have been previously deported subsequent to a felony conviction (possession of controlled substance). Therefore, if convicted, he would face a maximum imprisonment term of 10 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
CABRERA-QUIROZ, previously deported and found in Pitt County, is alleged to have been previously deported subsequent to aggravated felony conviction (attempted possession of cocaine with intent to distribute). Therefore, if convicted, he would face a maximum imprisonment term of 20 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The cases are being investigated by ICE’s Enforcement and Removal Operations and Homeland Security Investigations.
Firearm Possession While Under Victim Protective Order Leads to Three Years in PrisonRead the Press Release
OKLAHOMA CITY – JEREMY SHAWN PARKE, 46, of Moore, Oklahoma, was sentenced today to three years in prison for possession of a firearm while under a victim protective order, announced Robert J. Troester of the U.S. Attorney’s Office.
According to court records, on the afternoon of May 5, 2018, the Moore Police Department received a report of shots fired in a residential neighborhood. Officers contacted a resident who said she heard loud bangs from a nearby home. Police went to Parke’s home, where they had responded to previous incidents, and discovered a Ruger Model AR 556 rifle and numerous spent shell casings on Parke’s back patio and in the yard. There were apparent bullet holes in his backyard fence. Officers eventually discovered a shotgun and additional rounds of ammunition inside Parke’s home.
On May 6, 2018, a resident in an adjacent neighborhood reported to the Moore Police Department that she discovered a bullet near her infant son’s crib. An officer responded to her home, where she explained that on the afternoon of May 5, she heard a loud noise. When she checked on her sleeping baby, she noticed his crib railing was broken. The next day, while cleaning behind the crib, the mother noticed a bullet hole that aligned with the piece of broken crib railing. On the floor, she discovered the bullet. Law enforcement determined that it was the same caliber that could be fired from the AR 556 rifle they had seized from Parke the day before.
Parke’s possession of firearms and ammunition was illegal because he was subject to a Cleveland County protective order that prohibited him from harassing, stalking, or threatening a former intimate partner. It also advised him that he was prohibited from possessing firearms and ammunition. According to records obtained from a local gun dealership, Parke purchased the AR 556 on March 21, 2018. When he completed the paperwork required to purchase the rifle, Parke checked "No" in answer to the question: "Are you subject to a court order restraining you from harassing, stalking, or threatening your . . . intimate partner?"
Parke was charged by criminal complaint on May 21, 2018, and arrested shortly thereafter. On June 28, 2018, he pleaded guilty to possession of a firearm by a prohibited person. Today U.S. District Timothy D. DeGiusti sentenced Parke to three years’ imprisonment and three years of supervised release. The court also ordered him to pay $1,885 in restitution for damage the bullet caused.
This case is the result of an investigation by the Moore Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Prosecuted by Assistant U.S. Attorneys Brandon Hale and Jacquelyn Hutzell, it is part of Project Safe Neighborhoods, the centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions. As part of this strategy, PSN focuses on the most violent offenders and partners with local prevention and re-entry programs for lasting reductions in crime. To enhance local effectiveness, the Western District of Oklahoma has emphasized prosecution of federal gun crimes connected to domestic violence.
Reference is made to court filings for further information.
Final IDOC Correctional Officer Pleads Guilty to Crimes Stemming from FBI StingRead the Press Release
BOISE - Former IDOC correctional officer Erik Thompson, 37, pleaded guilty on January 7, 2019, in United States District Court to two counts of possessing a firearm in furtherance of a drug trafficking crime, U.S. Attorney Bart M. Davis announced. Sentencing for Thompson is set for April 7, 2019 before U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
Thompson was one of four IDOC correctional officers charged with drug trafficking and related crimes stemming from an investigation initiated by the FBI at IDOC’s request to address concerns of corruption among IDOC correctional officers.
Thompson was charged with conspiracy to aid and abet drug trafficking crimes, distribution of cocaine, and possessing a firearm in furtherance of those drug trafficking offenses. Previously, co-defendants Richard McCollough, 37, pleaded guilty to the same firearms offenses as Thompson, while Robert Wallin, 36, and Timothy Landon, 36, pleaded guilty to conspiracy to aid and abet drug trafficking crimes. Wallin is set to be sentenced on February 12, 2019, McCollough is set to be sentenced on February 25, 2019, and Landon is set to be sentenced on February 26, 2019. Judge Winmill is the sentencing judge for all defendants.
According to court records, Thompson joined in a conspiracy to assist what he believed to be a large-scale drug organization. The drug dealers he was working for, however, were undercover FBI agents. Thompson admitted to carrying a handgun while conducting surveillance of what appeared to be a drug transaction on behalf of the undercover FBI agents. Thompson also admitted to carrying a handgun while he provided security and assisted in weighing 6 kilograms of cocaine.
No drugs were in the sole possession of the defendants, and no drugs or other contraband were brought into any IDOC facility as part of these operations.
Each count of possessing a firearm in furtherance of a drug trafficking crime, is punishable by at least five years imprisonment up to life, a maximum fine of $250,000, and at least five years of supervised release.
In addition to the FBI, the Boise Police Department, the Meridian Police Department, IDOC’s Special Investigations Unit, and the Ada County Prosecutor’s Office participated in the investigation.
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Fifth Defendant Sentenced to Prison for Sophisticated International Cellphone Fraud SchemeRead the Press Release
A former West Palm Beach, Florida resident who was extradited to the United States from the Dominican Republic was sentenced to 65 months in prison today for multiple criminal charges in connection with a sophisticated global cell phone fraud scheme that involved compromising cellphone customers’ accounts and “cloning” their phones to make fraudulent international calls.
U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, and Special Agent in Charge George L. Piro of the FBI’s Miami Field Office made the announcement.
Braulio De la Cruz Vasquez, 54, pleaded guilty earlier to one count of conspiracy to commit wire fraud, access device fraud, the use, production or possession of modified telecommunications instruments, and the use or possession of hardware or software configured to obtain telecommunications services. De la Cruz also pleaded guilty to one count of wire fraud and one count of aggravated identity theft. He was sentenced by U.S. District Judge Beth Bloom of the Southern District of Florida.
According to the plea agreement, De le Cruz and his co-conspirators participated in a scheme to steal access to existing cell phone accounts, and fraudulently open new cellphone accounts, using the personal information of individuals around the United States.
De la Cruz admitted that his role in the scheme included operating a “call site” from his residence in West Palm Beach. He admitted that he would receive telecommunication identifying information associated with customers’ accounts from his co-conspirators and use that data, as well as other software and hardware, to reprogram cellphones that he controlled. According to the plea agreement, De la Cruz’s co-conspirators would then transmit thousands of international calls over the internet to De la Cruz’s residence, where he would route them through the re-programmed cellphones to Cuba, Jamaica, the Dominican Republic and other countries with high calling rates. The calls were billed to the customers’ compromised accounts.
In addition, De la Cruz admitted that from March 2011 through April 2013, co‑conspirators sent him more than 700 emails containing approximately 2,158 telecommunications identifying numbers associated with cellphone account holders around the United States. He also admitted that, as part of the conspiracy, he received tens of thousands of dollars from at least one Voice over Internet Protocol (VoIP) company for fraudulently routing international calls through his call center.
De la Cruz is a citizen of the Dominican Republic. He was arrested in the Dominican Republic at the request of the United States and then, in August 2018, extradited to Miami, where he is currently in custody.
De la Cruz is the fifth defendant to be sentenced in the case. Previously, defendants Edwin Fana, Farintong Calderon, Jose Santana, and Ramon Batista pleaded guilty to similar charges and have already been sentenced to prison terms ranging from 36 months to 75 months.
The FBI investigated the case, dubbed Operation Toll Free, which is part of the FBI’s ongoing effort to combat large-scale telecommunications fraud. The Criminal Division’s Office of International Affairs handled the extradition in this matter. Assistant U.S. Attorney Jared M. Strauss of the Southern District of Florida and Senior Counsel Matthew A. Lamberti of the Criminal Division’s Computer Crime and Intellectual Property Section are prosecuting the case.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Fifth Defendant Sentenced to Prison for Sophisticated International Cellphone Fraud SchemeRead the Press Release
A former West Palm Beach, Florida resident who was extradited to the United States from the Dominican Republic was sentenced to 65 months in prison today for multiple criminal charges in connection with a sophisticated global cell phone fraud scheme that involved compromising cellphone customers’ accounts and “cloning” their phones to make fraudulent international calls.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida and Special Agent in Charge George L. Piro of the FBI’s Miami Field Office made the announcement.
Braulio De la Cruz Vasquez, 54, pleaded guilty earlier to one count of conspiracy to commit wire fraud, access device fraud, the use, production or possession of modified telecommunications instruments, and the use or possession of hardware or software configured to obtain telecommunications services. De la Cruz also pleaded guilty to one count of wire fraud and one count of aggravated identity theft. He was sentenced by U.S. District Judge Beth Bloom of the Southern District of Florida.
According to the plea agreement, De le Cruz and his co-conspirators participated in a scheme to steal access to existing cell phone accounts, and fraudulently open new cellphone accounts, using the personal information of individuals around the United States.
De la Cruz admitted that his role in the scheme included operating a “call site” from his residence in West Palm Beach. He admitted that he would receive telecommunication identifying information associated with customers’ accounts from his co-conspirators and use that data, as well as other software and hardware, to reprogram cellphones that he controlled. According to the plea agreement, De la Cruz’s co-conspirators would then transmit thousands of international calls over the internet to De la Cruz’s residence, where he would route them through the re-programmed cellphones to Cuba, Jamaica, the Dominican Republic and other countries with high calling rates. The calls were billed to the customers’ compromised accounts.
In addition, De la Cruz admitted that from March 2011 through April 2013, co‑conspirators sent him more than 700 emails containing approximately 2,158 telecommunications identifying numbers associated with cellphone account holders around the United States. He also admitted that, as part of the conspiracy, he received tens of thousands of dollars from at least one Voice over Internet Protocol (VoIP) company for fraudulently routing international calls through his call center.
De la Cruz is a citizen of the Dominican Republic. He was arrested in the Dominican Republic at the request of the United States and then, in August 2018, extradited to Miami, where he is currently in custody.
De la Cruz is the fifth defendant to be sentenced in the case. Previously, defendants Edwin Fana, Farintong Calderon, Jose Santana, and Ramon Batista pleaded guilty to similar charges and have already been sentenced to prison terms ranging from 36 months to 75 months.
The FBI investigated the case, dubbed Operation Toll Free, which is part of the FBI’s ongoing effort to combat large-scale telecommunications fraud. The Criminal Division’s Office of International Affairs handled the extradition in this matter. Senior Counsel Matthew A. Lamberti of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Jared M. Strauss of the Southern District of Florida are prosecuting the case.
Federal Judge Sentences Minister to Five Years for Tax CrimesRead the Press Release
CHARLOTTE, N.C. – Today, U.S. District Judge Robert J. Conrad, Jr. sentenced a former Charlotte-area minister, William Todd Coontz, 51, of Fort Lauderdale, Florida, to 60 months in prison, for failure to pay taxes and aiding and assisting in the filing of false tax returns, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina. Judge Conrad also ordered Coontz to serve one year under court supervision after he is released from prison, and to pay $755,669 in restitution.
U.S. Attorney Murray is joined in making today’s announcement by Matthew D. Line, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation (IRS-CI).
According to filed court documents and evidence presented at Coontz’s trial, from 2010 to 2014, Coontz was the minister of Rock Wealth International Ministries (Rockwealth Ministries), and the author of numerous books on faith and finances, such as “Please Don’t Repo My Car,” and “Breaking the Spirit of Debt.” Coontz also operated two for-profit companies, Legacy Media and Coontz Investments and Insurance.
Beginning in tax year 2000 and continuing through tax year 2014, Coontz filed delinquent U.S. Federal Income Tax Returns, Forms 1040, with the IRS and consistently failed to make timely payments on the taxes he owed, despite receiving multiple letters and late notices from the IRS. For example, for tax years 2011 through 2013, Coontz filed late tax returns and did not pay the total assessed taxes, resulting in total tax liabilities of more than $326,394 for those years.
According to today’s sentencing hearing and evidence presented at trial, Coontz also filed false federal income tax returns for tax years 2010 through 2013, which underreported his income. Specifically, Coontz engaged in a check cashing scheme, involving payments for travel reimbursements for speaking engagements and the sale of books and other products. For example, during 2010 through 2013, Coontz regularly traveled to speak at various ministries, for which he was paid speaking fees and was reimbursed for his travel expenses. Coontz hid income from the IRS by claiming the travel as a business expense while simultaneously receiving travel reimbursement that he kept as personal income. Also, in order to boost his income, Coontz told his travel assistant to bill the churches for the cost of a full fare first-class ticket, even though his actual expenses for those tickets was substantially less than the amount billed. Fraudulent travel invoices were created and submitted to the ministries that falsely purported that Coontz had actually paid the full fare ticket price. As a result, the travel reimbursement checks sent directly to Coontz were for amounts in excess of the actual travel expenses incurred by Rockwealth Ministry.
According to trial evidence and other court records, during 2010 through 2013, Coontz also directed that other checks, such as payments for speeches and for the purchase of books and other products, be made payable to “Todd Coontz” and sent to his personal address. In total, Coontz concealed and cashed at least 102 checks for travel reimbursements, speeches, and books and other products, totaling at least $252,037.99 for the relevant time period, causing his total income for the relevant tax years to be underreported on his federal income tax returns. During 2014, Coontz continued to conceal and cash checks received as payments, cashing at least 32 checks totaling $105,454.90 which were not reflected in his accounting records.
Coontz also underreported his income on his tax returns for tax years 2010 through 2013, by failing to include as income payments made by his corporations and ministry for his personal expenses, including payments for the benefit of his family members, and for meals and entertainment. Contrary to the advice of his Certified Public Accountant about comingling personal and business funds, Coontz spent substantial amounts of business funds to pay for personal expenditures, which were falsely classified as business expenses. These purported business expenses included payments totaling more than $227,700 for clothing purchases, and over $140,000 to pay for meals and entertainment expenses at various restaurants, including more than 400 distinct charges at movie theaters.
In addition, instead of holding assets in his own name, Coontz utilized residences and luxury vehicles titled in the names of companies he owned and controlled. For example, luxury vehicles purchased by Legacy Media, Coontz Investments and Insurance, and Rockwealth Ministries during 2011 through 2013 included three BMWs, two Ferraris, a Maserati, and a Land Rover, and a Regal 2500 boat, among others. Coontz treated payments for those items as business expenses, even though some of them were used by family members and there were no records kept about their supposed business use. Additionally, in 2012, Rockwealth Ministries purchased a $1.5 million condominium as a parsonage for Coontz.
In announcing Coontz’s sentence, Judge Conrad said that the defendant showed “incredible” and “long term disrespect for the law.” He also noted that the defendant was “relentless,” in the “ways in which Mr. Coontz tried to cheat.”
Coontz will be ordered to the report the federal Bureau of Prisons to begin serving his sentence, upon designation of a federal facility. All federal sentences are served without the possibility of parole.
In making today’s announcement, U.S. Attorney Murray thanked the IRS-CI for their investigation of the case.
Assistant U.S. Attorneys Jenny G. Sugar and Dallas Kaplan, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
Federal Inmate Sentenced to over 6 Years in Prison for Assaulting Correctional Officer at Federal Correctional Institution in Yazoo CityRead the Press Release
Jackson, Miss. – Brandon Lee Wright, 33, a federal inmate at the Federal Correctional Institution in Yazoo City (FCI Yazoo), was sentenced on Friday by U.S. District Judge Henry T. Wingate to 78 months in federal prison for assaulting a corrections officer at the Bureau of Prisons facility, announced U.S. Attorney Mike Hurst and Federal Bureau of Investigation Special Agent in Charge Christopher Freeze.
Wright was found guilty of this criminal offense by a jury on July 2, 2018. He was already serving time at FCI Yazoo for unrelated misconduct when he assaulted the corrections officer in the facility. The evidence at trial proved that Wright struck the officer with a closed right fist to the officer’s left eye, leaving abrasions on the officer.
Commenting on the gravity of the offense and referencing the defendant’s extensive criminal history, Judge Wingate sentenced Wright to 78 months of confinement to run consecutive to the remainder of his undischarged prison time from his earlier offense. The maximum penalty under the law for this criminal offense was eight years in prison and a $250,000 fine.
The Federal Bureau of Investigation investigated the case. The case was prosecuted by Assistant United States Attorneys Abe McGlothin Jr. and Andrew W. Eichner and Special Assistant United States Attorneys Woelke Leithart and Joshua Robles.
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Fayetteville Man Sentenced to 8 Years in Federal Prison for Drug TraffickingRead the Press Release
Fayetteville, Arkansas - Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that Titus Parks, age 43, of Fayetteville, Arkansas, was sentenced today to 96 months in federal prison followed by three years of supervised release for one count of Possession of Methamphetamine with Intent to Distribute. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, during the course of an investigation into methamphetamine trafficking in the Western District of Arkansas, the Fourth Judicial District Drug Task Force identified Parks as a distributor of methamphetamine in Northwest Arkansas.
In April of 2018, investigators arranged and conducted controlled purchases of methamphetamine from Parks. A search warrant was executed for the defendant’s residence on April 12, 2018. Investigators recovered a bag containing approximately 36 grams of methamphetamine.
Parks was indicted by a federal grand jury in April 2018 and entered a guilty plea in September 2018.
This case was investigated by the Fourth Judicial District Drug Task Force. Assistant United States Attorney Amy Driver prosecuted the case for the United States.
Farm Fresh Agrees to $1 Million Settlement to Resolve Civil ClaimsRead the Press Release
NORFOLK, Va. – FF Acquisition, Inc. (Farm Fresh), headquartered in Virginia Beach, has agreed to pay $1 million to settle civil penalty claims stemming from alleged record-keeping violations by its pharmacies.
“The abuse of prescription drugs is one of the most alarming and critical issues we face today,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “To combat this problem, it is crucial that those who dispense controlled substances comply with record-keeping requirements. These requirements help to prevent the illegal diversion of prescription drugs, and holding registrants accountable serves a vital role in our office’s effort to combat every manner of the opioid crises affecting Virginia.”
Farm Fresh operated 34 pharmacies primarily in the Norfolk area. Each pharmacy was registered with the Drug Enforcement Administration (DEA), which allowed Farm Fresh to maintain and dispense controlled substances, including opioids, at those locations.
“The abuse of prescription drugs has directly resulted in the escalation of heroin addiction and related overdoses,” said Jesse R. Fong, Special Agent in Charge for the DEA’s Washington Field Division. “Today's settlement sends a clear message to all pharmacies that it is essential to dispense controlled substances in compliance with DEA's record keeping requirements. DEA is dedicated to combatting the prescription drug abuse problem in Virginia and throughout the country and to hold all DEA registrants accountable.”
The United States alleges that between Sept. 9, 2014 and Sept. 21, 2016, Farm Fresh pharmacies violated the Controlled Substances Act by failing to record dates and quantities of controlled substances shipped and received, by failing to record the DEA numbers of suppliers, and failing to timely notify the DEA of theft losses. These failures occurred despite several of the pharmacies having received Letters of Admonition from DEA for failing to properly complete and maintain the required records.
Congress passed the Controlled Substances Act (CSA), to combat the illegal distribution and abuse of controlled substances, including prescription medications. Under the CSA, entities registered with the DEA who purchase, distribute, dispense, transfer, or sell controlled substances must comply with inventory and documentation requirements. Regulations promulgated under the CSA require that each DEA registrant, including pharmacies, maintain complete and accurate records of each substance manufactured, received, sold, delivered, dispensed or otherwise disposed of by the registrant for two years. These requirements play a vital role in ensuring the appropriate handling, accounting, and distribution of controlled substances.
The resolution obtained in this matter was the result of a coordinated effort between the U.S. Attorney's Office for the Eastern District of Virginia and the DEA’s Washington Division. The matter was investigated by Assistant U.S. Attorney Clare Wuerker.
The civil claims settled are allegations only; there has been no determination of civil liability.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
Eleven people indicted for roles in conspiracy to distribute synthetic narcotics into federal prison by soaking paper in the drugs and then sending the drug-infused paper into prison as mail and other documentsRead the Press Release
Eleven people were indicted for their roles in a conspiracy to distribute synthetic narcotics in federal prison by soaking paper in the drugs and then sending the drug-infused paper into prison as mail and other documents.
The letters included purported legitimate legal correspondence from members of the conspiracy impersonating actual attorneys. The recipients of the mailings then distributed the drug-infused paper to other inmates at significant profit and members of the conspiracy laundered the profits.
The defendants also imported fentanyl analogues from China for distribution across the United States.
Named in the 19-count indictment are: Roy Kahn, 48; Christopher Adams, 41; Irwin Jose Vargas, 43; Manuel Lopez, 58; Wayne Fabian, 47; Giuseppe Cellura, 45; Brian Perez-Ayala, 38; Andres Garcia, 41; Jesus Parra-Felix; Miguel Forteza-Garcia, 35, and Eduardo Rivera-Ocana, 36. All the defendants except Kahn, Adams, Lopez and Cellura are currently in federal prison.
“This indictment details the disruption of a sophisticated organization that bought drugs from suppliers in China and then shipped them across the United States, including sending them into federal prisons,” U.S. Attorney Justin Herdman said. “Law enforcement worked diligently to investigate and dismantle this group.”
FBI Acting Special Agent in Charge Robert Hughes said: “Concealing dangerous, deadly, illegal drugs and smuggling into prisons by any method in order to profit from incarcerated drug users is quite crafty, but utilizing infusion methods onto paper causes extreme risks to innocent people who may handle the paper. The Bureau of Prisons Investigative Unit did an outstanding job in identifying not only the drugs, but also the method being utilized. Through collaborative law enforcement efforts, these drug dealers will answer for their crimes in federal court and innocent lives have been saved.”
According to the indictment:
Kahn controlled and operated a large multi-state conspiracy that obtained synthetic drugs from suppliers in China and distributed the drugs to inmates in federal prison. This took place between 2015 through 2018.
Kahn and Adams devised a chemical process where they infused the narcotics onto pieces of paper, which could then be cut into strips and smoked. At the height of their operation, they were infusing one kilogram of drugs a week, resulting in the creation of at least 500 drug-infused pages at a time.
Kahn’s organization then used these drug pages to create photographs, books and pamphlets, such as Harry Potter coloring books. They also used the drug pages to create legal mail such as briefs and motions bearing the names of real attorney or fictitious attorney personas they created. The purpose of these actions was to circumvent prison security.
Inmates paid Kahn, Vargas and others through the Bureau of Prisons’ payment system, money orders, wire transfers and other means. Kahn, Vargas and others engaged in a variety of money laundering techniques to make these payments appear legitimate.
Kahn then used the profits from the prison drug smuggling scheme to finance the purchase of more fentanyl analogues and other opioids from China for further distribution in the United States. Kahn and Adams had these drugs shipped to a number of cities, including Cleveland.
The indictment details how the defendants charged at least $500 for a sheet of drug-infused paper. Vargas stated: “The job is badass…they drown those sheets…and then they hang them…like photographs, they have them with clips and leave them to dry,” according to the indictment.
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 violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
This case is being investigated by the Federal Bureau of Investigation, the Federal Bureau of Prisons Joint Information Sharing Initiative, the Ohio High Intensity Drug Trafficking Area and the U.S. Postal Inspection Service. It is being prosecuted by Assistant U.S. Attorney Matthew Cronin and Elliot Morrison.
An indictment is only a charge and 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.
Eagle Butte Man Charged with Sexual Abuse of a MinorRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.
Dee Hawk Moran, age 23, was indicted on January 23, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 25, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in federal prison and/or a $250,000 fine, 5 years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between September 1, 2015, and June 16, 2017, Moran knowingly engaged in, and attempted to engage in, a sexual act with a minor female.
The charge is merely an accusation and Moran is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Moran was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Charged with Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
KT Burgee, a/k/a, Kape Teal Burgee, age 24, was indicted on December 11, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 28, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between September 18, 2016, and October 11, 2018, Burgee, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under state law, having traveled in interstate and foreign commerce, and did enter, leave, and reside in Indian country, did knowingly fail to register and update his registration.
The charge is merely an accusation and Burgee is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Burgee was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
District Man Sentenced to 30 Months in Prison for Federal Gun Possession ChargeRead the Press Release
WASHINGTON – Dominique N. Simms, 23, of Washington, D.C., was sentenced today to 30 months in prison on a federal firearms charge stemming from his arrest during the execution of a search warrant at a house in Northeast Washington.
The announcement was made by U.S. Attorney Jessie K. Liu, Jesse R. Fong, Special Agent in Charge for the Washington Division Office of the U.S. Drug Enforcement Administration (DEA), and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Simms pled guilty in October 2018, in the U.S. District Court for the District of Columbia, to a charge of unlawful possession of a firearm and ammunition by a person convicted of a crime punishable by imprisonment for a term exceeding one year. He was sentenced by the Honorable Colleen Kollar-Kotelly. Following his prison term, Simms will be placed on three years of supervised release.
According to the government’s evidence, on May 16, 2018, members of a joint MPD and U.S. Drug Enforcement Administration task force executed a search warrant at a residence in the 5300 block of Clay Terrace NE. As officers entered the premises, they saw an unknown man run through the living room and out of the back door. Simms, who was sitting on the couch, attempted to run away from the entering officers. A search of the living room area revealed a loaded Glock 43 and a loaded Smith and Wesson 9mm semi-automatic handgun underneath the seat cushion of the chair next to where Simms was sitting. The guns were easily accessible from the couch area. Throughout the house, police also discovered more than seven ounces, or approximately 195 grams, of phencyclidine (PCP).
Law enforcement tested the firearms for the presence of any fingerprints or identifiable DNA. On June 12, 2018, the District of Columbia Department of Forensic Sciences identified one fingerprint – a left palm print – of Simms on the left side of the Smith and Wesson. On July 18, 2018, DNA analysts identified Simms’s DNA on both firearms.
The Glock 43 firearm had previously been reported stolen from a firearms store located in Rockville, Md. in 2017.
Simms was barred from possessing a firearm because of prior convictions in the District of Columbia. In the District of Columbia, he was sentenced in 2013 for robbery. At the time of his arrest last May, Simms was on supervised release following his prison term in that case. According to the factual proffer of that matter, Simms pepper-sprayed a 66-year-old woman in Southeast Washington, stole her vehicle, and fled.
In announcing the sentence, U.S. Attorney Liu, Special Agent in Charge Fong, and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department and the Drug Enforcement Administration, specifically the Cross-Border Initiative Task Force. They expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences. They acknowledged the efforts of those who worked in the case from the U.S. Attorney’s Office, including Paralegal Specialists Catherine O’Neal and Teesha Tobias and Legal Assistant Emma Atlas. Finally, they commended the work of Assistant U.S. Attorney Gregory P. Rosen, who prosecuted the case.
Correctional Officer at Federal Prison Facility in Victorville Sentenced to Two Years in Prison for Sexually Abusing Female InmatesRead the Press Release
RIVERSIDE, California – A former correctional officer at the Federal Correctional Complex in Victorville has been sentenced to 24 months in prison for sexually abusing several female inmates while on duty.
Apolonio Gamez, 41, of Lake Elsinore, was sentenced late Monday by United States District Judge Jesus G. Bernal. In addition to the prison term, Judge Bernal ordered that Gamez would be on supervised release for seven years after he is released from prison. Gamez was also ordered to pay a $5,000 special assessment and to register as a sex offender when he is released from prison.
Gamez pleaded guilty in October to three felony charges: two counts of sexual abuse of a ward and one count of attempted sexual abuse of a ward.
According to Gamez’s plea agreement, he engaged in sexual activity with the inmates between September 2016 and July 2017 while he was on duty as a correctional officer and employed by the United States Bureau of Prisons.
On two occasions in the autumn of 2016, Gamez engaged in sexual activity with one inmate while he was on duty.
In May 2017, Gamez caught another inmate stealing food, threatened to send her to the “hole” (a reference to the prison’s special housing unit), and then directed her to engage in sexual activity with him, his plea agreement states. Gamez’s victim did not resist because “she felt frozen and powerless with fear,” according to court documents.
Gamez also admitted to exposing himself to a third inmate and attempted to engage in sexual activity with her during the summer of 2017.
The case against Gamez was investigated by the Department of Justice, Office of the Inspector General and the Federal Bureau of Investigation.
This matter was prosecuted by Assistant United States Attorney Sean Peterson of the Riverside Branch Office.
Columbia Man Pleads Guilty to Marijuana TraffickingRead the Press Release
JEFFERSON CITY, Mo. – A Columbia, Mo., man pleaded guilty in federal court today to his role in a conspiracy to distribute marijuana.
Nader Robert Osama Yanis, 24, pleaded guilty before U.S. Magistrate Judge Willie J. Epps, Jr., to the charge contained in a March 1, 2018, federal indictment.
Yanis’s father, Osama Nadir Yanis, 49, of Columbia, pleaded guilty to his role in the conspiracy on Dec. 4, 2018, as well as to possessing firearms in furtherance of the drug-trafficking conspiracy. Osama Yanis was the owner of Coffee Zone, a coffee shop in Columbia.
Both men were arrested when law enforcement officers executed a search warrant at Osama Yanis’s residence on Monday, Feb. 19, 2018, after witnessing the delivery of a crate that contained 72 pounds of high-grade marijuana. Officers discovered 33 additional pounds of marijuana and eight firearms inside the residence. They also seized $72,000 from a large gun safe inside the residence (where it was found with seven of the firearms; a Smith & Wesson .38-caliber revolver was found on his desk next to the safe). Osama Yanis also turned over $20,042 that was in his possession.
Officers had been notified a few days earlier about two suspicious shipments addressed to another person at that same address. One crate contained approximately 50 pounds of marijuana and the second crate contained approximately 72 pounds of high-grade marijuana. On Feb. 19, 2018, the second crate was delivered to Osama Yanis’s residence in Columbia. Osama Yanis was observed accepting the delivery and conversing with the delivery personnel. A short time later, Nader Yanis arrived at the residence. Approximately 10 to 15 minutes later, Nader Yanis left the residence and was arrested during a vehicle stop.
Under federal statutes, Nader Yanis is subject to a sentence of up to 20 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Supervisory Assistant U.S. Attorney Michael S. Oliver. It was investigated by the FBI, the Columbia, Mo., Police Department and the Drug Enforcement Administration.
Colorado Woman Pleads Guilty to Federal Wire Fraud Charge, Admits Embezzling Money from Non-ProfitRead the Press Release
WASHINGTON – Ashley Furst, 35, of Highlands Ranch, Colo., pled guilty today to a federal wire fraud charge stemming from an embezzlement scheme in which she stole more than $545,000 from a non-profit organization based in the District of Columbia.
The announcement was made by U.S. Attorney Jessie K. Liu and Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office.
Furst pled guilty in the U.S. District Court for the District of Columbia. The charge carries a statutory maximum of 20 years in prison and potential financial penalties. Under federal sentencing guidelines, Furst faces a likely range of 27 to 33 months in prison and a fine of up to $100,000. She also has agreed to pay $545,594 in restitution and the same amount in a forfeiture money judgment. The Honorable Dabney L. Friedrich scheduled sentencing for May 10, 2019.
According to the government’s evidence, Furst was hired in 2011 as the office administrator for the non-profit trade association. She was later promoted to the position of Director of Communications. While employed by the non-profit, Furst’s responsibilities included public outreach, membership recruitment, and communications. She also handled duties typically performed by an office administrator, such as maintaining accounting records, reconciling the monthly bank account statements, transferring on-line donations from the PayPal account to their bank account, providing copies of the bank statements to the members of the Board of Directors, and serving as the sole point of contact for the outside auditors.
Starting in 2012 and continuing through June 2018, Furst stole money from the non-profit in a variety of ways. First, she paid her own personal credit card bills from her employer’s bank account, primarily through on-line debits from the bank account to satisfy her credit card balance, for approximately $415,202.52. Second, she wrote herself unauthorized checks drawn on her employer’s bank account, typically listing on the memo line a bogus reason for the check, for approximately $83,656.40. Third, she repaid her personal loan from her employer’s funds, for approximately $56,411.43. Fourth, although Furst was responsible for transferring donations from her employer’s PayPal account, she misdirected approximately $60,949.49 to her own account or to pay for personal items. Fifth, Furst increased her salary without authorization, by approximately $29,875.03. Through these five methods, Furst embezzled approximately $646,094. However, before the victim discovered the crime, Furst returned $100,500 to her employer, leaving a total embezzlement of $545,594.
In announcing the plea, U.S. Attorney Liu and Assistant Director in Charge McNamara commended the work performed by those who investigated the case from the FBI’s Washington Field Office. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Amanda Rohde and Assistant U.S. Attorney Virginia Cheatham, who is prosecuting the matter.
Cherry Creek Woman Charged with Tampering and Misprision of a FelonyRead the Press Release
United States Attorney Ron Parsons announced that a Cherry Creek, South Dakota, woman has been indicted by a federal grand jury for Tampering and Misprision of a felony.
Iris Dupris, age 31, was indicted on December 18, 2018. She appeared before U.S. Magistrate Judge Veronica L. Duffy on January 11, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between October 8, 2015, and September 16, 2017, Dupris was giving money to a minor to prevent them from communicating with law enforcement on information of a federal offense involving aggravated sexual abuse of a child and assault with a dangerous weapon. Dupris is further charged with having knowledge of the felony and not making it known to a judge or other person of civil authority.
The charges are merely accusations and Dupris is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Dupris was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Cherry Creek Man Charged with Child Sexual Abuse, Child Abuse, and Assault with a Dangerous WeaponRead the Press Release
United States Attorney Ron Parsons announced that a Cherry Creek, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child, Assault with a Dangerous Weapon, and Child Abuse.
Brandon Iron Shell, age 30, was indicted on December 18, 218. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 7, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between October 8, 2015, and September 16, 2017, Iron Shell engaged in, and attempted to engage in, sexual acts with minors who had not yet attained the age of 12 years old, and further abused and assaulted children with a dangerous weapon.
The charges are merely accusations and Iron Shell is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Iron Shell was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Cargos adicionales presentados en relación con el tiroteo en la sinagoga Tree of LifeRead the Press Release
PITTSBURGH – Un gran jurado federal del Tribunal Federal de Distrito para el Distrito Occidental de Pensilvania acusó a un hombre de Pensilvania de delitos de odio adicionales y de delitos relacionados con armas de fuego por su conducta durante el tiroteo del 27 de octubre del 2018 en la Sinagoga Tree of Life en Pittsburgh, Pensilvania, anunció hoy el Fiscal Federal Scott W. Brady.
Robert Bowers, de 46 años, vecino de Baldwin, Pensilvania, fue acusado de 63 delitos en la acusación formal sustitutiva emitida hoy. La acusación formal original, presentada el 31 de octubre del 2018, acusó a Bowers de 44 delitos. La acusación formal sustitutiva añade 13 vulneraciones de la ley de Prevención de Delitos de Odio de Matthew Shepard y James Byrd, Jr. así como los delitos correspondientes por la descarga de un arma de fuego durante esos delitos violentos. En concreto, la acusación formal sustitutiva alega que Bowers causó de modo intencional daños corporales a once víctimas y a dos supervivientes por motivos de su religión real y percibida.
Según la acusación formal sustitutiva, el 27 de octubre del 2018, Bowers manejó a la sinagoga Tree of Life en Pittsburgh, Pensilvania, donde miembros de las congregaciones de Tree of Life, Dor Hadash y New Jewish Light se habían juntado para rezar. Bowers entró en el edificio armado de varias armas de fuego, incluyendo tres pistolas Glock .357 y un rifle Colt AR-15. Estando ya dentro de la sinagoga Tree of Life, Bowers abrió fuego y mató y lesionó a miembros de las tres congregaciones. También lesionó a varios policías que respondieron a la escena durante su intento de rescatar a las víctimas supervivientes.
Más aún, la acusación formal sustitutiva alega que el 10 de octubre del 2018, Bowers colgó una serie de declaraciones en la página web bag.com que criticaban a la Hebrew Immigrant Aid Society (Sociedad Hebrea para Asistencia a Inmigrantes, HIAS, por sus siglas en inglés) y congregaciones afiliadas por organizar eventos relacionados con refugiados. La lista de congregaciones incluía la congregación judía Dor Hadash de Pittsburgh. Antes de entrar en la sinagoga Tree of Life el 27 de octubre del 2018, Bowers colgó lo siguiente en el sitio web gab.com: «A HIAS le gusta traer a invasores que asesinan a nuestra gente. No puedo quedarme con los brazos cruzados mientras matan a mi gente. A la mierda sus puntos de vista, yo voy a entrar». Según la acusación formal sustitutiva, estando ya dentro de la sinagoga Tree of Life, Bowers hizo declaraciones que indicaron su deseo a «matar a judíos».
En concreto, la acusación formal sustitutiva acusa de lo siguiente:
- Once delitos de obstrucción al libre ejercicio de creencias religiosas, resultante en muerte;
- Once delitos de odio resultante en muerte;
- Dos delitos de obstrucción al libre ejercicio de creencias religiosas que conllevan un intento de asesinato y el uso de un arma peligrosa resultante en lesiones corporales;
- Dos delitos de odio que conllevan un intento de asesinato;
- Ocho delitos de obstrucción al libre ejercicio de creencias religiosas que conllevan un intento de asesinato y el uso de un arma peligrosa, lo que resultó en la lesión corporal de agentes del orden público;
- Cuatro delitos de obstrucción del libre ejercicio de creencias religiosas que conllevan el uso de un arma peligrosa, resultante en la lesión corporal de agentes del orden público;
- Veinticinco delitos de descarga de un arma de fuego durante estos delitos violentos.
Entre las víctimas en la sinagoga Tree of Life están los 11 devotos que fueron asesinados, los dos congregantes que sufrieron lesiones graves a manos de Bowers y los doce congregantes que lograron escapar ilesos. Además, las víctimas incluyen cinco agentes de policía que respondieron a la escena y quienes fueron lesionados en su intento de rescatar a las víctimas supervivientes y de detener a Bowers.
Los Fiscales Federales Auxiliares Troy Rivetti y Soo C. Song, juntos con Julia Gegenheimer, una Abogada de Litigios del Departamento de Justicia, están enjuiciando este caso por parte del Gobierno.
El Fiscal Federal Brady elogió el trabajo del Buró Federal de Investigaciones, la Policía de Pittsburgh y la Policía del Condado de Allegheny, que llevaron a cabo la investigación que llevó a la acusación formal sustitutiva en este caso. Brady también reconoció y dio las gracias a decenas de agentes de la policía local, estatal y federal que ayudaron en la investigación.
El acusado se enfrenta a una máxima condena posible de cadena perpetua seguida de una condena a 250 años de cárcel. Más aún, 22 de los delitos contenidos en la acusación formal sustitutiva son elegibles para la pena de muerte. Si el Fiscal General de los Estados Unidos determina que las circunstancias de los delitos son tales que justificarían la pena de muerte, la ley requiere que se notifique al tribunal de lo mismo de manera oportuna antes del juicio.
Una acusación formal sustitutiva es una acusación formal de conducta y no representa una prueba de culpabilidad. Al acusado se lo considera inocente mientras no se pruebe su culpabilidad.
Enlace a la acusación formal sustitutiva de Robert Bowers del Distrito Occidental de Pensilvania
Buncombe County Man Sentenced to 28 Years for Producing Child PornographyRead the Press Release
CHARLOTTE, N.C. – On Thursday, January 24, 2019, U.S. District Judge Martin Reidinger sentenced Gabriel Allen Goss, 39, of Asheville, N.C., to 28 years in prison and a lifetime of supervised release for production of child pornography charges, announced U.S. Attorney Andrew Murray. Judge Reidinger also ordered Goss to register as a sex offender after he is released from prison.
John Eisert, Acting Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in the Carolinas and Sheriff Greg Christopher of the Haywood County Sheriff’s Office join U.S. Attorney Murray in making today’s announcement.
According to filed court documents and today’s sentencing hearing, on March 18, 2017, Goss, then a resident of Haywood County, used a cellular phone to produce at least three child pornography videos of a prepubescent minor female. Court records show that on November 16, 2017, Goss engaged in a series of internet emails with another individual for the purpose of trading child pornography files. In one email to the other individual, Goss attached a video file of the child pornography Goss had produced depicting the minor victim.
Goss is currently in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. Federal sentences are served without the possibility of parole.
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 U.S. Attorneys’ offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
In making today’s announcement U.S. Attorney Murray thanked the ICE/HSI and the Haywood County Sheriff’s Office for their investigation of the case. The U.S. Attorney’s Office in Asheville handled the prosecution.
Buffalo Man Indicted on Charges He Committed A Bomb Hoax and Contempt of CourtRead 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 a federal grand jury has returned an indictment charging James Timpanaro, 54, of Buffalo, NY, with causing a pipe bomb hoax and contempt of court order. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that according to the indictment, on October 27, 2018, the defendant placed a device, which appeared to be pipe bomb, outside the United States Postal Service building located at 2061 South Park Avenue in Buffalo. Timpanaro was subsequently arrested and charged by criminal complaint.
On November 2, 2018, the defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder who ordered Timpanaro to complete an inpatient psychiatric and alcohol evaluation at the Buffalo VA Medical Center. Between January 26 and January 27, 2019, the defendant failed to comply with Judge Schroeder’s order to abide by all rules and directives of the inpatient treatment program, when he left the facility. Timpanaro was quickly apprehended by the U.S. Marshal Fugitive Task Force.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the U.S. Marshal Service, under the direction of Marshal Charles Salina; and the U.S. Probation Department, under the director of Chief Probation Officer Anthony SanGiacomo.
Timpanaro was arraigned this afternoon before Judge Schroder and was detained pending trial.
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.
Brooklyn Couple Arrested for Immigration Fraud SchemeRead the Press Release
A criminal complaint was unsealed today in federal court in Brooklyn charging William Jacobsen and his wife Marta Medvedeva with conspiring, and aiding and abetting others, to enter into sham marriages with foreign nationals for the purpose of obtaining lawful permanent residency in the United States. The defendants were also charged with evading United States immigration laws by making materially false statements in immigration applications, affidavits and other documents. The defendants’ initial appearances were held this afternoon before United States Magistrate Judge Vera M. Scanlon.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the charges.
“Our immigration process is not for sale. The defendants’ scheme to game the system and reap ill-gotten profits by promoting sham marriages is not only criminal, it is an affront to those individuals who abide by the rules to obtain permanent residency in the United States lawfully,” stated United States Attorney Donoghue. “Today’s charges send the clear message that this Office and our partners at the FBI will not tolerate such activity.”
As alleged in the complaint, between approximately November 2016 and January 2019, Jacobsen and Medvedeva identified and recruited U.S. citizens who were willing to enter into sham marriages with foreign nationals. The foreign nationals paid the defendants approximately $30,000 for their services, and a portion of the fee was then passed on to the U.S. citizen spouses for their participation in the fraud. The defendants also coached the couples on how to successfully pass immigration interviews and provided misleading or false documentation needed during various steps in the immigration process.
During several recordings and communications, Jacobsen and Medvedeva discussed the details of their scheme, including the number of participants they had available to participate in the “fake” marriages (as characterized by Jacobsen), payment of approximately $10,000 to the U.S. citizens for their services, and the coaching and training the couples would receive to pass the required immigration interviews. In one recorded conversation, Jacobsen explained to a confidential source posing as a potential U.S. citizen spouse:
The hardest part is getting married. The easy part is the [immigration] interview, because I know the questions they’re gonna ask you. That’s why everyone comes here, because they want training. Everybody’s looking for training. When I do it, it’s a five minute interview. You go with the lawyer, you’re in there for an hour, hour and a half. I’ve been doing it for fifteen years …. This is the easy part. The hardest part is the marriage, cause both sides are nervous, they have to go there and kiss each other. Interview is nothing, that’s the easy part.
The charges in the complaint are allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted, Jacobsen and Medvedeva each face a maximum sentence of 10 years’ imprisonment.
The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States Attorneys Maria Cruz Melendez and Elizabeth Macchiaverna are in charge of the prosecution.
The Defendants:
WILLIAM JACOBSEN
Age: 60
Brooklyn, New YorkMARTA MEDVEDEVA
Age: 68
Queens, New YorkEDNY Docket No. 19-MJ-57
Bossier City man pleads guilty to stealing more than $180,000 using a price changing schemeRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced that a Bossier City man pleaded guilty on January 7, 2019 to using a merchandise price changing scheme to steal more than $180,000.
Peter Stifner, 39, of Bossier City, Louisiana, pleaded guilty before U.S. District Judge Elizabeth E. Foote to three counts of wire fraud. According to the guilty plea, Stifner conducted a scheme to steal merchandise from Walmart, Sam’s Club and Target. He obtained barcode stickers of lower priced merchandise, brought the stickers into the stores and placed them over the barcodes of higher priced merchandise. Stifner purchased merchandise at the lower price and would then resell it online for a profit. As a result of his fraudulent activity, the defendant stole more than $180,000 during the course of the scheme.
Stifner faces up to 20 years in prison, five years of supervised release and a $250,000 fine for each count. The court set the sentencing date for May 2, 2019.
The U.S. Postal Inspection Service conducted the investigation. Assistant U.S. Attorney Cadesby B. Cooper is prosecuting the case.
Black Hawk Man Sentenced for Firearm ConvictionRead the Press Release
United States Attorney Ron Parsons announced that a Black Hawk, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person, was sentenced on January 4, 2019, by U.S. District Judge Roberto A. Lange.
Zachary Alto, age 24, was sentenced to 24 months in federal prison, followed by 3 years of supervised release, a $1,000 fine, forfeiture of a firearm, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Alto was indicted by a federal grand jury on May 15, 2018. He pled guilty on October 18, 2018.
The conviction stemmed from an incident that occurred on July 12, 2017, where Alto, being an unlawful user of, and addicted to a controlled substance, knowingly possessed two firearms. Law enforcement made contact with Alto and a co-defendant during the middle of a drug transaction, where the 2 firearms and 14 grams of methamphetamine were seized.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
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. The Department of Justice reinvigorated PSN in 2017 as part of its 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 local communities to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Meghan N. Dilges prosecuted the case.
Alto was immediately turned over to the custody of the U.S. Marshals Service.
Belleville Resident Pleads Guilty to Falsifying a Record in Bankruptcy ProceedingRead the Press Release
Dehavalon Cook, age 46, of Belleville, Illinois, pleaded guilty today to falsifying records in a federal bankruptcy proceeding. Cook previously filed a petition for Chapter 13 bankruptcy in the United States District Court for the Southern District of Illinois. In March of 2018, Cook doctored a fake letter from the Chapter 13 trustee authorizing him to incur new debt for the purchase of an automobile. The bogus letter included the name and signature of the trustee.
Sentencing is scheduled for May 16, 2019. The offense carries a maximum sentence of up to 20 years of imprisonment, three years of supervised release, and a fine of up to $250,000.
"Forging documents of a trustee is a significant bankruptcy fraud that causes harm and strikes directly at the integrity of the bankruptcy system," stated Nancy J. Gargula, United States Trustee for Indiana and Southern and Central Illinois (Region 10). "This prosecution reflects the cooperative efforts among several federal law enforcement agencies that work together to combat fraud and abuse in the bankruptcy system."
The charges resulted from a referral by the U.S. Trustee for Region 10 to the U.S. Attorney for the Southern District of Illinois. The investigation was conducted by the Federal Bureau of Investigation, in collaboration with the Southern Illinois Bankruptcy Fraud Working Group coordinated by the U.S. Trustee. The prosecution is being handled by Assistant U.S. Attorney Norman R. Smith.
Allen Man Sentenced for Sexual Contact with a MinorRead the Press Release
United States Attorney Ron Parsons announced that an Allen, South Dakota, man convicted of Abusive Sexual Contact was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jaelen Thunder Bull, age 23, was sentenced on January 11, 2019, to 3 years in federal prison, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Thunder Bull engaging in a sexual act with a minor female in July 2017 at Allen.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Thunder Bull was immediately turned over to the custody of the U.S. Marshals Service.
Additional Charges Filed in Tree of Life Synagogue ShootingRead the Press Release
PITTSBURGH – A federal grand jury sitting in the U.S. District Court for the Western District of Pennsylvania charged a Pennsylvania man with additional federal hate crimes and firearms offenses for his conduct during the October 27, 2018 shootings at the Tree of Life Synagogue in Pittsburgh, Pennsylvania, United States Attorney Scott W. Brady announced today.
Robert Bowers, 46, of Baldwin, Pennsylvania, was charged in a 63-count Superseding Indictment returned today. The original Indictment filed on October 31, 2018 charged Bowers with 44 counts. The Superseding Indictment adds 13 violations of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, as well as corresponding counts for discharging a firearm during those crimes of violence. The Superseding Indictment specifically alleges that Bowers willfully caused bodily injury to 11 deceased and 2 surviving victims because of their actual and perceived religion.
According to the Superseding Indictment, on October 27, 2018, Bowers drove to the Tree of Life Synagogue in Pittsburgh, Pennsylvania, where members of the Tree of Life, Dor Hadash, and New Light Jewish congregations gathered to engage in religious worship. Bowers entered the building armed with multiple firearms, including three Glock .357 handguns and a Colt AR-15 rifle. While inside the Tree of Life Synagogue, Bowers opened fire, killing and injuring members of the three congregations, as well as injuring multiple responding police officers as they attempted to rescue surviving victims.
The Superseding Indictment further alleges that on October 10, 2018, Bowers posted statements on the website gab.com that were critical of the Hebrew Immigrant Aid Society (HIAS) and affiliated congregations hosting refugee-related events. That list of congregations included the Dor Hadash Jewish congregation of Pittsburgh. Before entering the Tree of Life Synagogue on October 27, 2018, Bowers posted the following on the website gab.com: “HIAS likes to bring invaders in that kill our people. I can’t sit by and watch my people get slaughtered. Screw your optics, I’m going in.” According to the Superseding Indictment, while inside the Tree of Life Synagogue, Bowers made statements indicating his desire to “kill Jews.”
Specifically, the Superseding Indictment charges:
- Eleven counts of obstruction of free exercise of religious beliefs resulting in death;
- Eleven counts of hate crimes resulting in death;
- Two counts of obstruction of free exercise of religious beliefs involving an attempt to kill and use of a dangerous weapon and resulting in bodily injury;
- Two counts of hate crimes involving an attempt to kill;
- Eight counts of obstruction of free exercise of religious beliefs involving an attempt to kill and use of a dangerous weapon, and resulting in bodily injury to public safety officers;
- Four counts of obstruction of free exercise of religious beliefs involving use of a dangerous weapon and resulting in bodily injury to public safety officers;
- Twenty-five counts of discharge of a firearm during these crimes of violence.
The victims include 11 worshippers at the Tree of Life Synagogue who were killed, 2 congregants who were critically injured by Bowers and 12 congregants who escaped unharmed. Additionally, the victims include 5 responding police officers who were injured while attempting to rescue surviving victims and apprehend Bowers.
Assistant United States Attorneys Troy Rivetti and Soo C. Song, along with DOJ Trial Attorney Julia Gegenheimer, are prosecuting this case on behalf of the government.
United States Attorney Brady commended the work of the Federal Bureau of Investigation, the Pittsburgh Bureau of Police and the Allegheny County Police, which conducted the investigation leading to the Superseding Indictment in this case. Brady also recognized and thanked the dozens of federal, state and local law enforcement officers who assisted in the investigation.
The defendant faces a maximum possible penalty of life without parole, followed by a consecutive sentence of 250 years’ imprisonment. Further, twenty-two counts in the Superseding Indictment are capital-eligible offenses. Should the Attorney General of the United States determine that the circumstances of the offenses are such that a sentence of death is justified, the law requires that notice be filed with the court at a reasonable time before trial.
A Superseding Indictment is a formal accusation of conduct, not evidence of guilt. A defendant is presumed innocent unless and until proven guilty.
Link to WDPA Robert Bowers Superseding IndictmentAdditional Charges Filed in Tree of Life Synagogue ShootingRead the Press Release
A federal grand jury sitting in the U.S. District Court for the Western District of Pennsylvania charged a Pennsylvania man with additional federal hate crimes and firearms offenses for his conduct during the Oct. 27, 2018, shootings at the Tree of Life Synagogue in Pittsburgh. Assistant Attorney General Eric Dreiband for the Civil Rights Division, United States Attorney Scott W. Brady, and FBI-Pittsburgh Special Agent in Charge Robert Jones made the announcement.
Robert Bowers, 46, of Baldwin, Pa., was charged in a 63-count superseding indictment returned today. The original indictment filed on Oct. 31, 2018, charged Bowers with 44 counts. The Superseding Indictment adds 13 violations of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, as well as corresponding counts for discharging a firearm during those crimes of violence. The Superseding Indictment specifically alleges that Bowers willfully caused bodily injury to 11 deceased and two surviving victims because of their actual and perceived religion.
According to the Superseding Indictment, on Oct. 27, 2018, Bowers drove to the Tree of Life Synagogue in Pittsburgh, Pennsylvania, where members of the Tree of Life, Dor Hadash, and New Light Jewish congregations gathered to engage in religious worship. Bowers entered the building armed with multiple firearms, including three Glock .357 handguns and a Colt AR-15 rifle. While inside the Tree of Life Synagogue, Bowers opened fire, killing and injuring members of the three congregations, as well as injuring multiple responding public safety officers as they attempted to rescue surviving victims.
The Superseding Indictment further alleges that on Oct. 10, 2018, Bowers posted statements on the website gab.com that were critical of the Hebrew Immigrant Aid Society (HIAS) and affiliated congregations hosting refugee-related events. That list of congregations included the Dor Hadash Jewish congregation of Pittsburgh. In addition, a statement on his profile expressed the belief that “jews are the children of satan,” and other posts referred to Jewish people using anti-Semitic slurs. Before entering the Tree of Life Synagogue on Oct. 27, 2018, Bowers posted the following on the website gab.com: “HIAS likes to bring invaders in that kill our people. I can’t sit by and watch my people get slaughtered. Screw your optics, I’m going in.” According to the Superseding Indictment, while inside the Tree of Life Synagogue, Bowers made statements indicating his desire to “kill Jews.”
Specifically, the Superseding Indictment charges:
- Eleven counts of obstruction of free exercise of religious beliefs resulting in death;
- Eleven counts of hate crimes resulting in death;
- Two counts of obstruction of free exercise of religious beliefs involving an attempt to kill and use of a dangerous weapon and resulting in bodily injury;
- Two counts of hate crimes involving an attempt to kill;
- Eight counts of obstruction of free exercise of religious beliefs involving an attempt to kill and use of a dangerous weapon, and resulting in bodily injury to public safety officers;
- Four counts of obstruction of free exercise of religious beliefs involving use of a dangerous weapon and resulting in bodily injury to public safety officers;
- Twenty-five counts of discharge of a firearm during these crimes of violence.
The victims include 11 worshippers at the Tree of Life Synagogue who were killed, two congregants who were critically injured by Bowers and 12 congregants who escaped unharmed. Additionally, the victims include five responding public safety officers who were injured while attempting to rescue surviving victims and apprehend Bowers.
Assistant United States Attorneys Troy Rivetti and Soo C. Song, along with Department of Justice Trial Attorney Julia Gegenheimer, are prosecuting this case on behalf of the government.
The FBI, with the valuable assistance of the Pittsburgh Bureau of Police and the Allegheny County Police, conducted the investigation leading to the Superseding Indictment in this case. Dozens of federal, state and local law enforcement officers also assisted in the investigation.
Twenty-two counts in the Superseding Indictment are capital-eligible offenses. Should the Attorney General of the United States determine that the circumstances of the offenses are such that a sentence of death is justified, the law requires that notice be filed with the court at a reasonable time before trial. The defendant further faces a maximum possible penalty of life without parole, followed by a consecutive sentence of 250 years’ imprisonment.
A Superseding Indictment is a formal accusation of conduct, not evidence of guilt. A defendant is presumed innocent unless and until proven guilty.
Alamo, N.m. Man Charged with Sexual Abuse in Indian CountryRead the Press Release
ALBUQUERQUE – Thomas Abeyta, 35, of Alamo, N.M., made an initial appearance in federal court today on charges of aggravated sexual abuse in Indian Country.
According to a criminal complaint, Abeyta physically assaulted the victim at a residence on January 25, 2019. Abeyta injected the victim with a substance and sexually abused her over the course of several hours. The victim later went to the hospital for treatment of her injuries. Hospital staff reported the matter to law enforcement. Investigators have not confirmed the nature of the substance Abeyta injected into the victim.
If convicted, Abeyta faces up to life in prison. Charges in criminal complaints are merely accusations. Defendants are presumed innocent unless found guilty in a court of law.
The Albuquerque office of the FBI investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Frederick Mendenhall is prosecuting the case.
Alamo, N.m. Man Charged with Sexual Abuse in Indian CountryRead the Press Release
ALBUQUERQUE – Thomas Abeyta, 35, of Alamo, N.M., made an initial appearance in federal court today on charges of aggravated sexual abuse in Indian Country.
According to a criminal complaint, Abeyta physically assaulted the victim at a residence on January 25, 2019. Abeyta injected the victim with a substance and sexually abused her over the course of several hours. The victim later went to the hospital for treatment of her injuries. Hospital staff reported the matter to law enforcement. Investigators have not confirmed the nature of the substance Abeyta injected into the victim.
If convicted, Abeyta faces up to life in prison. Charges in criminal complaints are merely accusations. Defendants are presumed innocent unless found guilty in a court of law.
The Albuquerque office of the FBI investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Frederick Mendenhall is prosecuting the case.
28 January 2019
York Man Sentenced to 72 Months’ Imprisonment for Drug Trafficking and Firearms OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on January 23, 2019, United States District Court Judge Yvette Kane sentenced Quran Smallwood, age 24, of York, Pennsylvania to 72 months’ imprisonment for drug trafficking and firearms offenses.
According to United States Attorney David J. Freed, Smallwood distributed approximately 2 grams of heroin on February 15, 2017, in York. Two grams of heroin is the equivalent of approximately 80 individual doses of heroin. Smallwood also admitted to possessing the 9mm Glock loaded with twenty 9mm caliber cartridges during and in relation to his drug trafficking activities.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the York County Drug Task Force, the York City Police Department, York County Adult Probation Department, and the York County District Attorney’s Office. Assistant U. S. Attorney Meredith A. Taylor prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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West Virginia Physician Convicted of Illegal Opioid Distribution to PatientsRead the Press Release
CLARKSBURG, WEST VIRGINIA— Following a six-day trial, Dr. Felix Brizuela, Jr., of Harrison City, Pennsylvania, was found guilty on January 14, 2018 of 15 counts of “Distribution of Controlled Substances Outside the Bounds of Professional Medical Practice,” United States Attorney Bill Powell announced.
After two days of deliberations, the jury found Brizuela, age 57, guilty of 15 of 21 counts of the illegal distribution of controlled substances. The jury acquitted Brizuela of the anti-kickback counts and six distribution counts in the indictment.
Brizuela was indicted in January 2018 on 21 counts of “Distribution of Controlled Substances Outside the Bounds of Professional Medical Practice,” one count of “Conspiracy to Distribute Controlled Substances Outside the Bounds of Professional Medical Practice,” and 15 counts of “Illegal Remuneration in Violation of the Federal Anti-Kickback Statute.”
The controlled substances illegally distributed by Brizuela included Oxycodone, Fentanyl and Oxymorphone. They were distributed without legitimate medical purpose and outside the scope of professional practice in Monongalia County, West Virginia between 2013 and 2015.
“Illegal distribution of opioids by physicians has been and continues to be a high priority for prosecution in this district. These cases are not easy, and it is only through the dedicated work of our prosecution and law enforcement teams that this case was able to be successfully prosecuted. Physicians who believe they can hide behind their lab coats or medical licenses, and simultaneously stoke the fires of the opioid epidemic and profit from it are sadly mistaken,” Powell said.
Brizuela faces up to 20 years incarceration and a fine of up to $250,000 for each of the distribution counts. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses, prior criminal conduct, if any, and other factors considered by the court.
Assistant U.S. Attorneys Sarah E. Wagner and Robert H. McWilliams, Jr. prosecuted the case on behalf of the government. The Drug Enforcement Administration, the Federal Bureau of Investigation, the Office of Inspector General at the U.S. Department of Health and Human Services, WV Offices of the Insurance Commissioner Fraud Division, WV Medicaid Fraud Control Unit, Office of Ohio Attorney General Health Care Fraud, Ohio Bureau of Workers’ Compensation, the Hancock-Brook-Weirton Drug Task Force, a HIDTA-funded initiative, the Greater Harrison County Drug Task Force, a HIDTA-funded initiative, West Virginia State Police, the Hancock County Sheriff’s Office, and the Weirton Police Department investigated.
These charges are the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally.
Senior U.S. District Judge Irene M. Keeley presided.
Virginia Man Sentenced to Prison for Receipt of Child PornographyRead the Press Release
An Alexandria, Virginia man was sentenced on Jan. 11 to five years in prison for receipt of child pornography, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger for the Eastern District of Virginia and Assistant Director in Charge Nancy McNamara of the FBI’s Washington Field Office.
On Oct. 5, 2018, Kerry Sipult, 51, pleaded guilty to one count of receipt of child pornography. He was sentenced by Senior District Judge Claude M. Hilton to serve 60 months in prison followed by five years of supervised release. According to the Information to which Sipult pleaded guilty and to other facts he admitted to in his plea agreement, between Aug. 1, 2014 and Oct. 22, 2014, Sipult used a peer to peer program to download and share child pornography. As part of the investigation, the FBI seized Sipult’s computer and other electronic storage devices and recovered over 4,000 child pornography images and/or videos.
The investigation was conducted by the FBI. Trial Attorney Ralph Paradiso of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Whitney Russell of the Eastern District of Virginia prosecuted the case.
United States Attorney’s Office Hard at Work During the Government ShutdownRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. stated today: “I was pleased to return the United States Attorney’s Office to full operations this morning following the resolution of the lapse in appropriations by our leadership in Washington. And as we resume normal operations, I want to thank and commend the lawyers and staff of the United States Attorney’s Office for their faithful service during this difficult period. The vast majority of our staff served without pay for the duration of the lapse as essential employees tasked with ensuring the safety and security of the people of our District. This is the dedication I see from them every day. But the depth of their commitment to the mission and work of the Department of Justice was an example to us all over the last 35 days.”
“Today I am pleased to provide a summary of some of the matters which were handled during the lapse in government funding.”
In furtherance of the Take Back North Carolina Initiative the following violent crime and drug cases were adjudicated[1].
On January 3, 2019, ARCHIE ANTWON BRIDGES, 37, of Raleigh, was sentenced to 120 months imprisonment followed by 3 years of supervised release as the result of his guilty plea to distribution of heroin, possession with intent to distribute heroin, and being a felon in possession of a firearm. In January 2018, officers of the Raleigh Police Department (RPD) conducted a controlled purchase of heroin from BRIDGES. During a search of BRIDGES’s residence, officers found heroin in his master bedroom. A later search revealed two firearms, one with an extended magazine, in a storage unit at BRIDGES’s home. The investigation of this case was conducted by the Raleigh Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
On January 4, 2019 ALEX ALTERICK HAMILTON, a/k/a “P”, 24, of Shallotte, North Carolina, was sentenced to 262 months in prison, followed by 5 years of supervised release after pleading guilty to one count of distribution of a quantity of cocaine and aiding and abetting and one count of possession of a firearm by a felon. In July of 2017, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted a controlled purchase of cocaine and a rifle from HAMILTON in Shallotte, North Carolina. HAMILTON retrieved a bag from his truck containing 13.7 grams of cocaine and a rifle loaded with one round of ammunition, and HAMILTON sold the cocaine and rifle to a confidential informant for $1000. This case was investigated by the Brunswick County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. This case was prosecuted by Assistant United States Attorney Scott A. Lemmon.
Also on January 4, 2019, GRIFFIN STANTON LEWIS, 29, of Maxton, North Carolina was sentenced to 126 months imprisonment, followed by 5 years of supervised release. On August 22, 2018, LEWIS pled guilty to conspiracy, one count of distribution of a quantity of cocaine base (crack), and one count of possession of a firearm in furtherance of a drug trafficking crime. According to the investigation, in June 2015, law enforcement officers with the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Robeson County Sheriff’s Office began investigating the narcotics distribution activity of LEWIS, who they knew to be involved in drug distribution from previous cases. A confidential informant was utilized to make two controlled purchases of cocaine and cocaine base (crack) from LEWIS. A firearm was involved in both transactions, with the second controlled purchase including the sale of a firearm. Investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Robeson County Sheriff’s Office.
“On January 8, 2019, RAYMOND GRIFFIN was found guilty of bank robbery by a federal jury. GRIFFIN, who has three prior state robbery convictions, was convicted of robbing the Wells Fargo bank located at 3500 West Millbrook Road in Raleigh on August 29, 2017. After GRIFFIN fled the bank on foot, witnesses in the area identified a suspicious man walking away from a bank toward a construction site. Witnesses at the construction site saw GRIFFIN enter a porta john, which he exited just as police arrived. Officers detained GRIFFIN on site, and in the porta john, they found items that the robber had worn during the robbery. GRIFFIN was arrested and found with a large amounts of cash that corresponded with the amount stolen during the bank robbery. His boots were later determined to match a shoeprint left when he jumped the bank counter. The case was prosecuted by Assistant United States Attorneys Jake D. Pugh and Charity Wilson.”
On January 8, 2019, CAYLE MARCUS COLEMAN, also known as “Kamari,” 40, of Fayetteville, North Carolina, was sentenced to 228 months in prison, followed by 5 years of supervised release. COLEMAN pled guilty to conspiracy to distribute and possess with intent to distribute heroin and possession of a firearm in furtherance of a drug trafficking crime. In 2014, investigators determined that COLEMAN was distributing large amounts of heroin in the Fayetteville area. COLEMAN was arrested on state cocaine and heroin-trafficking offenses. While COLEMAN was on pretrial release for the state offenses, investigators conducted six additional controlled purchases of heroin from COLEMAN. Witnesses explained that COLEMAN would send co-conspirators to New York on buses, and the co-conspirators would then return to North Carolina with heroin. On December 15, 2015, investigators executed search warrants at two residences associated with COLEMAN. The agents seized a .25 caliber handgun; 40 rounds of ammunition; $15,257 in cash; marijuana; 343.71 grams of liquid oxycodone; 76.63 grams of liquid codeine; and drug packaging materials. In total, COLEMAN was responsible for distributing approximately 1.3 kilograms of heroin. This case was investigated by the Fayetteville Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant United States Attorney Scott A. Lemmon.
On January 9, 2019, ANDREW LIGE, 40, of New Hanover County to 132 months’ imprisonment, followed by 4 years of supervised release. On October 2, 2018, LIGE pled guilty to conspiracy to possess with the intent to distribute and distribute 100 grams or more of heroin and possession with intent to distribute 100 grams or more of heroin. On July 26, 2016, Duplin County Sheriff’s Deputies and Highway Patrol Officers attempted to stop an automobile driven by LIGE. LIGE led members of law enforcement on a lengthy high-speed chase through Duplin County. LIGE’s car reached speeds in excess of 115 miles per hour. A bag containing more than 100 grams of heroin was thrown from the car during the chase. Law enforcement was ultimately able to stop the car. LIGE and a passenger had gone to New Jersey to pick heroin for distribution in Eastern North Carolina. On November 26, 2017, LIGE was the victim of a home invasion in Wilmington North Carolina. Law enforcement believes the residence was targeted because it was a heroin stash house. LIGE was shot and lost his leg. LIGE was found in close proximity to a handgun that was lying in a pool of his blood. Law Enforcement Officers found more than $19,000 in the residence. This currency was from drug proceeds. On February 26, 2018, law enforcement received information that LIGE was returning from Richmond Virginia with a load of heroin for distribution in Wilmington. The Wilmington Police and ATF conducted a traffic stop on a BMW in which LIGE was a passenger when it entered into Wilmington. During a search of the car, law enforcement found 5,000 bags of heroin. The driver had several bags with the same marking on his person at the time of the stop. LIGE was a passenger. This case is part of an FBI lead OCDETF operation “Tooth Fairy”. This is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). This investigation is focused on the distribution of heroin from New Jersey to New Hanover, Brunswick, Bladen, Duplin, and Sampson Counties and associated gang activities. The investigation of this case was conducted by the Federal Bureau of Investigation Safe Street Unit, Bureau of Alcohol, Tobacco and Firearms, Wilmington Police Department, Duplin County Sheriff’s Office, New Hanover County Sheriff’s Office, Sampson County Sheriff’s Office, North Carolina Highway Patrol and the United States Marshall’s Fugitive Task Force. Assistant United States Attorney Timothy Severo prosecuted the case.
On January 11, 2019, BRANDON AHART HAMPTON, a resident of Florence, South Carolina, was sentenced to 264 months imprisonment followed by 5 years of supervised release. HAMPTON was convicted after a jury trial on February 21, 2018, of Brandishing a Firearm During and in Relation to a Crime of Violence. He previously pled guilty to a charge of Hobbs Act Robbery on February 6, 2018. The evidence at trial showed that on December 5, 2014, HAMPTON entered the ABC Store #8 in Spring Lake, North Carolina armed with a handgun. HAMPTON pointed the firearm at the clerk’s head and threatened to kill a store clerk. HAMPTON moved the clerk at gunpoint to the back office where the safe was located. HAMPTON threatened to shoot the clerk when the clerk could not get the safe open fast enough. HAMPTON fled the store and was captured later. The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the Alcohol, Beverage Control Law Enforcement Division, the Cumberland County Sheriff’s Office, Ft. Bragg Military Police and the Spring Lake Police Department. Assistant United States Attorney Jane J. Jackson represented the government in this case.
On January 16, 2019, MYKEL LEVONT DAVIS, 38, of Elizabeth City was sentenced to 110 months’ imprisonment, followed by 3 years of supervised released. On October 9, 2018, DAVIS pled guilty to being a felon in possession of a firearm. On March 2, 2018, the Elizabeth City Police Department conducted a traffic stop of a vehicle driven by DAVIS, who attempted to elude police. After apprehending DAVIS and the vehicle’s other occupants, a search of the car revealed that DAVIS possessed a stolen .9mm handgun. DAVIS was a convicted felon at the time of the incident and had other outstanding warrants. The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Elizabeth City Police Department. Assistant United States Attorney Robert J. Dodson prosecuted the case for the government.
On January 16, 2019, ANTHONY JERROD HIGH, 40, of Sharpsburg, North Carolina was sentenced to 42 months imprisonment, followed by 5 years of supervised release, and DARLENA MOORE HIGH, also known as “Darlene High,” 50, of Wilson, North Carolina was sentenced to 15 months imprisonment, followed by 3 years of supervised release. The prosecution of ANTHONY and DARLENA HIGH, a husband and wife couple, was a part of an Organized Crime and Drug Enforcement Task Force Operation (OCDETF), which has focused on heroin and cocaine trafficking in Halifax, Nash and Edgecombe counties. On July 11, 2018 ANTHONY HIGH pled guilty to distribution of a quantity of cocaine base (crack) and possession of a firearm in furtherance of a drug trafficking crime. On the same date, DARLENA HIGH pled guilty to possession with intent to distribute a quantity of cocaine. According to the investigation, the Rocky Mount Police Department utilized a confidential informant to purchase crack cocaine from ANTHONY HIGH on two occasions in September 2017. On November 17, 2017, the Halifax County Sheriff’s Office initiated a traffic stop on a vehicle driven by ANTHONY HIGH after seeing ANTHONY HIGH meet with a known drug trafficker. DARLENA HIGH, was a passenger in the vehicle. During a search of the vehicle, officers seized individually packaged marijuana and a loaded Taurus 9mm handgun from the center console. At the time of this traffic stop, ANTHONY HIGH who had previously been convicted of second degree murder and two counts of assault with a deadly weapon with intent to kill, which prohibited him from possessing a firearm. Officers later found 303 grams of cocaine during a search of DARLENA HIGH. DARLENA HIGH stated she received the cocaine from her husband, ANTHONY HIGH. Investigation of this case was conducted by the Drug Enforcement Administration, Rocky Mount Police Department, and Halifax County Sheriff’s Office. Assistant United States Attorney Dena King represented the government.
On January 18, 2019, COVIA SMITH was found guilty by a federal jury of distribution of cocaine and marijuana. Members of the Brunswick County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) have been conducting an investigation into a violent drug trafficking organization in Brunswick County under OCDETF Operation Hell Swamp. During the investigation, agents learned that SMITH was selling large amounts of cocaine. SMITH had a motorcycle for sale, and undercover ATF agents reached out to SMITH under the guise of purchasing the motorcycle. On the first day they met, SMITH gave a small amount of marijuana to an ATF undercover Special Agent. On the second date they met, SMITH sold cocaine to an undercover Special Agent. On a third date, SMITH sold cocaine to a confidential informant. At sentencing scheduled at a later date, Smith, who is a career offender, will be facing a guideline range of 262-327 months. The case was prosecuted by Assistant United States Attorney Scott Lemmon.
On January 18, 2019, KENDRICK DEQUAN ROGERS, also known as “Bentley,” 26, of Raleigh, North Carolina was sentenced to 125 months imprisonment, followed by 5 years of supervised release, BRENDON RASHAD WHITE, also known as “B White,” 21, of Wilson, North Carolina was sentenced to 84 months imprisonment, followed by 5 years of supervised release, and COHN DEANGELO HINTON, 49, of Raleigh, North Carolina was sentenced to 42 months imprisonment, followed by 4 years of supervised release. The prosecution of ROGERS, WHITE, and HINTON was a part of an Organized Crime and Drug Enforcement Task Force Operation (OCDETF), which has focused on heroin and cocaine trafficking in Nash and Wilson counties. ROGERS, WHITE, and HINTON were named in a four-count Indictment filed on June 13, 2018 charging them with drug conspiracy running from at least September 2, 2016 until April 5, 2018. On October 9, 2018, ROGERS pled guilty to the conspiracy to distribute and possess with the intent to distribute five hundred (500) grams or more cocaine, twenty-eight (28) grams or more of cocaine base (crack), one hundred (100) grams or more of heroin, and a quantity of marijuana as well as possession with intent to distribute five hundred (500) grams or more cocaine, one hundred (100) grams or more of heroin, a quantity of cocaine base (crack) and a quantity of marijuana. On August 13, 2018, HINTON pled guilty to the conspiracy charge as well as possession with intent to distribute five hundred (500) grams or more cocaine, one hundred (100) grams or more of heroin, a quantity of cocaine base (crack) and a quantity of marijuana. On September 12, 2018, WHITE pled guilty to the conspiracy charge as well as possession with intent to distribute five hundred (500) grams or more cocaine, one hundred (100) grams or more of heroin, a quantity of cocaine base (crack) and a quantity of marijuana. According to the investigation, ROGERS, WHITE, and HINTON were a part of a drug trafficking organization that distributed cocaine, cocaine base (crack), heroin, and marijuana throughout Wilson and Wake counties. The investigation revealed that in April 2018, WHITE and ROGERS were collecting money to travel to New York to obtain drugs. On April 4, 2018, WHITE travelled from Wilson, North Carolina to Long Island, New York. On April 5, 2018, after returning back to North Carolina, law enforcement initiated a traffic stop in Nash County on a car driven by HINTON with ROGERS and WHITE as passengers. During a search of the car, officers seized 1,223 grams of cocaine, 101 grams of heroin, 25 grams of cocaine base (crack), and 2,721 grams of marijuana. The investigation revealed this group had completed at least three trips to New York in the past to purchase drugs. Investigation of this case was conducted by the Drug Enforcement Administration, Wilson Police Department, Nash County Sheriff’s Office, Raleigh Police Department, Wilson County Sheriff’s Office, Wake County Sheriff’s Office, and North Carolina Highway Patrol. Assistant United States Attorney Dena King represented the government.
On January 16, 2019, KHALIEF BALLARD, 22 of New Hanover County was sentenced to 81 months’ imprisonment, followed by 5 years of supervised release. On October 18, 2018, BALLARD pled guilty to possessing with the intent to distribute a quantity of cocaine base (crack) and possession of a firearm in furtherance of a drug trafficking crime. On January 18, 2018, Wilmington Police Officers stopped an automobile driven by BALLARD in the area of Shipyard Boulevard, Wilmington North Carolina. The police had received information that BALLARD and the car he was driving had been involved in a shooting on January 14, 2018. Officers detected an odor of marijuana coming from the car. Officers searched the glovebox and found a loaded 40 caliber handgun with an extended magazine and a quantity of crack cocaine. According to law enforcement, BALLARD was associated with a Wilmington Gang. The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wilmington Police Department Gang Unit. Assistant United States Attorney Timothy Severo prosecuted the case.
On January 18, 2019, KEVIN FAIRCLOTH 38, of Duplin County, was sentenced to 144 months’ imprisonment, followed by 5 years of supervised release and SARAH FAIRCLOTH 26, of Duplin County was sentenced to 2 years imprisonment followed by 3 years supervised release. On August 22, 2018 KEVIN FAIRCLOTH pled guilty to conspiracy to possess with intent to distribute 500 grams or more of methamphetamine, possession with the intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. On July 12, 2018, SARAH FAIRCLOTH pled guilty to conspiracy to possess with the intent to distribute a quantity of methamphetamine and possession with intent to distribute a quantity of methamphetamine. On November 8, 2017, an operative working at the direction of the Duplin County Sheriff’s Narcotics Division ordered a quantity of methamphetamine from KEVIN FAIRCLOTH. Detectives stopped a car in which KEVIN and SARAH FAIRCLOTH were passengers in the back seat on the way to deliver the methamphetamine. A loaded firearm was found at KEVIN FAIRCLOTH’S feet. SARAH FAIRCLOTH was searched at the jail and found to have more than an ounce of methamphetamine on her person. According to law enforcement, the investigation revealed that KEVIN FAIRCLOTH was involved with the distribution of multiple kilograms of methamphetamine in the Duplin County area during 2017 until the time of his arrest. This case is part of the DEA lead OCDETF operation “House of Usher”. This is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). This investigation is focused on the distribution of methamphetamine in Duplin, Sampson and New Hanover Counties. The investigation of this case was conducted by the Drug Enforcement Administration and the Duplin County Sheriff’s Office. Assistant United States Attorney Timothy Severo prosecuted the case.
On January 23, 2019, LAQUIN CORBIN, 34, of Fayetteville, was convicted by a federal jury of possession of a firearm by a convicted felon. CORBIN has an extensive criminal record; and was found in possession of an AR-15 assault rifle, a .380 handgun with extended magazine, and almost 200 rounds of ammunition at his apartment while on probation and post release supervision. The jury was out for 15 minutes or less before returning with their guilty verdict. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Fayetteville Police Department, North Carolina Department of Public Safety, Cumberland County Sheriff’s Office, North Carolina Department of Corrections, and North Carolina State Highway Patrol. The case was prosecuted by Assistant United States Attorney Phillip Rubin.
On January 25, 2019, KEVIN JUNIOR GRANT, 34, of Lumberton, was sentenced to 180 months imprisonment followed by 5 years of supervised release. On October 18, 2018, GRANT pled guilty to distribution of heroin, possession with intent to distribute cocaine and marijuana and possession of a firearm in furtherance of a drug trafficking crime. In 2017 and 2018 the Lumberton Police Department repeatedly caught GRANT with distribution quantities of narcotics. On several occasions he was also caught possessing a firearm. The investigation of this case was conducted by the Lumberton Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
In addition to violent crime and drug trafficking cases discussed above, our Office indicted two cases under the Project Safe Childhood strategy. It is important to note that charges and allegations contained in the Indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
On January 16, 2019, an eleven-count indictment was returned charging ALAN SIGFRED ANDERSEN, age 57, of Elizabeth City, North Carolina with ten counts of Receipt of Child Pornography and one count of Possession of Child Pornography. The indictment alleges that, beginning at a time unknown and ending on February 28, 2018, ANDERSEN received at least ten images containing visual depictions of minors engaged in sexually explicit conduct. The indictment further alleges that on December 28, 2018, ANDERSEN was found to be in possession of digital media containing images and videos involving minors engaged in sexually explicit conduct. If convicted of these charges, ANDERSEN would face a maximum of twenty years’ imprisonment and up to a lifetime of supervised release following any term of imprisonment. The case is being investigated by Homeland Security Investigations. Assistant United States Attorney Melissa Belle Kessler is prosecuting the case for the government.
Also on January 16, 2019, an eleven-count indictment charging JAMES ROBERT BONNETTE, age 38, of Hubert, North Carolina, with ten counts of Receipt of Child Pornography and one count of Possession of Child Pornography. The indictment alleges that, beginning at a time unknown and ending on October 30, 2017, BONNETTE received at least ten images containing visual depictions of minors engaged in sexually explicit conduct. The indictment further alleges that on October 30, 2017, BONNETTE was found to be in possession of digital media containing images and videos involving minors engaged in sexually explicit conduct. If convicted of these charges, BONNETTE would face a maximum of twenty years’ imprisonment and up to a lifetime of supervised release following any term of imprisonment. The case is being investigated by the Federal Bureau of Investigation. Assistant United States Attorney Melissa Belle Kessler is prosecuting the case for the government.
The Office continued to enforce our nation’s immigration and election laws during the shutdown. On January 18, 2019, RAMON ESTEBAN PAEZ-JEREZ, age 59, of The Dominican Republic, was sentenced to 366 days imprisonment, after an August 14, 2018, guilty plea to passport fraud and unlawful voting by an alien. According to the Criminal Information, PAEZ-JEREZ was ordered deported from the United States and failed to appear for his scheduled removal. Thereafter, according to court records, PAEZ-JEREZ assumed a fraudulent identity and applied for amnesty. PAEZ-JEREZ, as mentioned in the charging document, was granted lawful permanent status under the false identity and fraudulently naturalized as a United States citizen. Court records further show that on September 16, 2009, PAEZ-JEREZ made a false statement in an application for a United States passport when he applied under the fraudulent identity and failed to disclose his real name. Moreover, on November 8, 2016, PAEZ-JEREZ illegally voted in the General Election of 2016 in Wake County, North Carolina, knowing he had illegally obtained United States citizenship. Immediately prior to sentencing, PAEZ-JEREZ was denaturalized as a United States citizen in a civil proceeding. PAEZ-JEREZ was sentenced by United States District Judge Louise W. Flanagan who, in addition to the term of incarceration, issued a judicial order of deportation ordering PAEZ-JEREZ’s prompt removal from the United States to the Dominican Republic upon release from federal custody. The civil denaturalization case was prosecuted by the Civil Division of the United States Attorney’s Office for the Eastern District of North Carolina in conjunction with the Department of Justice’s Office of Immigration Litigation, District Court Section. The criminal case was investigated under the newly created framework of the Document and Benefit Fraud Task Force (DBFTF) in the Eastern District of North Carolina. The DBTTF represents a joint effort by agents of the Department of State’s Diplomatic Security Service, Homeland Security Investigations, ICE’s Enforcement and Removal Operations, and Citizenship and Immigration Services.
Also, on January 7, 2019, SAIRAM YERUVA, age 44, a resident of Cary, North Carolina, and a naturalized United States citizen from India, pleaded guilty to conspiracy to commit visa fraud as charged in a Criminal Information. The Criminal Information alleges that YERUVA, and others, conspired to submit false and misleading information to United States Citizenship and Immigration Services in support of at least one hundred eighty-three (183) initial H-1B petitions and at least one-hundred (100) H-1B extension petitions that were filed on behalf of KRONSYS, INC., CYGTEC, INC., and ARKSTEK, INC. According to the charging document, YERUVA, and others, declared in their initial petitions that their H-1B nonimmigrant foreign workers would be employed by the companies at specific work locations in or near Raleigh, North Carolina or Aurora, Colorado for the sole purpose of developing internal, or “in-house”, information technology projects. The petitions also declared that the H-1B workers would be paid the prevailing wage throughout the entirety of their H-1B status with the companies. Rather than developing the “in-house” projects, the H-1B workers provided IT consulting services to end clients throughout the United States, thereby earning KRONSYS, INC., CYGTEC, INC., and ARKSTEK, INC. at least $26,225,000. Many of the H-1B workers were “benched” while they waited for their initial end client assignment to begin or while they were in between end client assignments. “Benching” refers to the practice of placing H-1B foreign workers in nonproductive status without pay while they search for new end client assignments. The H-1B program is intended to assist employers who cannot otherwise obtain needed business skills and abilities from the United States workforce. The H-1B program authorizes these employers to temporarily employ foreign workers as nonimmigrants in specialty occupations. Speculative employment is not permitted under the H-1B program, as the program is not intended as a vehicle for foreign workers to engage in a job search, or for employers to bring in foreign workers to meet possible workforce needs. YERUVA faces maximum penalties of five years imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment. The case is being investigated by the Document and Benefit Fraud Task Force (DBFTF). The investigation is led by Homeland Security Investigations with the assistance of United States Citizenship and Immigration Services.
Our White Collar prosecutions also continued during the shutdown. On January 16, 2019, ELIZABETH HAYES COX, 61, an Eastover, NC was sentenced to 14 months imprisonment followed by 3 years of supervised release. On July 17, 2018, COX pled guilty to the theft of approximately $68,840.00 in Social Security Administration (SSA) benefits and approximately $44,629.48 in Department of Veterans Affairs (DVA) benefits. COX was also ordered to pay restitution of those amounts to the SSA and DVA. Beginning in April 2000, COX and her late husband filed a birth certificate of a child, Oliver Cox, with the Wake County Human Services Office of the Register of Deeds. The birth certificate was fraudulent and the alleged child did not exist. As a result of this fraudulent birth certificate, a Social Security number was issued for the fictitious child. Over a period of approximately 17 years, COX received Social Security and Veterans Benefits on behalf of her fictitious child. She and her late husband received this benefits by continuously submitting fraudulent documents attesting that the fictitious child was entitled to both SSA and DVA funds. The investigation of this case was conducted by the United States Department of Veterans Affairs, Office of the Inspector General and the Social Security Administration, Office of the Inspector General. Assistant United States Attorney Melissa Belle Kessler represented the United States in this case.
Additionally, on December 27, 2018, CHRISTIAN GERALD DESGROUX, age 58, of Raleigh was charged with contacting the 911 Raleigh-Wake Communication Center, pretending to be a United States Federal Officer, and falsely telling the dispatcher that he was pursuing ten illegal immigrants transporting a bomb in a van on Glenwood Avenue in Raleigh, North Carolina– all in violation of Title 18, United States Code, Section 844(e). If convicted of this charge DESGROUX would face maximum penalties of 10 years imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment. The charges and allegations contained in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty in a court of law. The case is being investigated by the Department of Homeland Security and the Raleigh Police Department. Assistant United States Attorneys Gabriel Diaz and Jason Kellhofer are prosecuting the case for the government.
[1] Take Back North Carolina Initiative is the initiative of the United States Attorney’s Office for the Eastern District of North Carolina, which emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement
U.S. Attorney’s Office thanks federal employeesRead the Press Release
Indianapolis - On behalf of the United States Attorney's Office, I want to thank the nearly 800,000 employees in federal service who persevered throughout the recent government shut down. I particularly appreciate the dedication of the professionals in my office and the DOJ as well as my federal partners at FBI, DEA, ATF, Marshal Service, Homeland Security Investigations, ICE, IRS-Criminal Investigations, Secret Service, the Bureau of Prisons, and many others in law enforcement.
The responsibility of protecting our country from threats foreign and domestic is a privilege that never ceases and your willingness to continue working, often putting your personal safety at risk, to protect and serve our public is a remarkable gesture. Very few household budgets can withstand the delay of two bi-weekly paychecks, but I know all of you did just that.
I am truly proud of your dedication and loyalty to the American public. It is an extraordinary blessing to be able to call you my colleagues and extend to you my gratitude.
Two Men Sentenced for Unlawful Contact with Endangered Florida PanthersRead the Press Release
Fort Myers, FL – On December 27, 2018, U.S. Magistrate Judge Carol Mirando sentenced Javier Torres (42, Miami) to 14 days’ imprisonment for harassing two endangered Florida panther kittens. The court also ordered Torres to pay a $1,000 fine, and sentenced him to complete 200 hours of community service and to serve three years’ probation. On December 18, 2018, Judge Mirando sentenced Alfredo Lopez de Queralta (46, Miami) to complete 100 hours of community service and serve 2 years’ probation in connection with the same incident. Both men previously pleaded guilty on September 12, 2018.
According to court documents, in February 2017, Torres crawled into a Florida panther den in the Big Cypress National Preserve in Collier County and unlawfully removed two panther kittens. Lopez de Queralta filmed Torres as he displayed the kittens for the camera. Later, Lopez de Queralta uploaded and shared segments of the video on YouTube.
“Florida panthers are iconic species that are protected under the Endangered Species Act,” said Luis Santiago, Special Agent in Charge, Southeast Region, United States Fish and Wildlife Service. “This case demonstrates our commitment to protect these species so that they can be recovered and be a part of the landscape for future generations.”
Florida panthers are considered to be among the most critically endangered large mammal species in the world, and experts estimate fewer than 200 Florida panthers are alive today.
This case was investigated by the United States Fish and Wildlife Service, the Florida Fish and Wildlife Conservation Commission, and the National Park Service. It was prosecuted by Assistant United States Attorney Simon Eth.
Two Cuban Citizens Indicted for Conspiracy to Commit Bank Fraud and Bank FraudRead the Press Release
Orlando, Florida – On January 4, 2019, United States Attorney Maria Chapa Lopez announced the return of an indictment charging Catiel Marquez Gonzalez (21) and Yeran Antigua Martinez (37), citizens of Cuba, with conspiracy to commit bank fraud. The indictment also charges Marquez Gonzalez with three substantive counts of bank fraud and Antigua Martinez with eight substantive counts of bank fraud. If convicted, each faces a maximum penalty of 30 years in federal prison on each count.
According to the indictment, beginning in July 2017, and continuing through at least January 2018, Marquez Gonzalez and Antigua Martinez conspired with each other and other persons to commit bank fraud against federally insured financial institutions. To carry out their scheme, Marquez Gonzalez and Antigua Martinez and their co-conspirators burglarized United States Postal Service mailboxes and stole mail, including personal checks. They then altered the stolen checks to bear their own names and the names of co-conspirators and deposited the altered checks into accounts they controlled.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the United States Postal Inspection Service. It will be prosecuted by Assistant United States Attorney Kara M. Wick.
The xDedic Marketplace, A Website Involved in the Illicit Sale of Compromised Computer Credentials and Personally Identifiable Information, Shut DownRead the Press Release
Tampa, Florida - U.S. Attorney Maria Chapa Lopez, along with Special Agent in Charge Eric Sporre, FBI-Tampa Division, and Special Agent in Charge Mary Hammond, IRS-Criminal Investigation, today announced the seizure of the xDedic Marketplace, a website that operated for years and was used to sell access to compromised computers worldwide and to personally identifiable information of U.S. residents. The xDedic administrators strategically maintained servers all over the world to facilitate the operation of the website.
The international operation to dismantle and seize this infrastructure is the result of close cooperation with law enforcement authorities in Belgium and Ukraine, as well as the European law enforcement agency Europol. On January 24, 2019, seizure orders were executed against the domain names of the xDedic Marketplace, effectively ceasing the website’s operation.
The xDedic Marketplace operated across a widely distributed network and utilized bitcoin in order to hide the locations of its underlying servers and the identities of its administrators, buyers, and sellers. Buyers could search for compromised computer credentials on xDedic by desired criteria, such as price, geographic location, and operating system. Based on evidence obtained during the investigation, authorities believe the website facilitated more than $68 million in fraud. The victims span the globe and all industries, including local, state, and federal government infrastructure, hospitals, 911 and emergency services, call centers, major metropolitan transit authorities, accounting and law firms, pension funds, and universities.
The U.S. investigation was led by the FBI and IRS-CI, with assistance from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Florida Department of Law Enforcement. Substantial assistance was provided by the Department of Justice’s Office of International Affairs and the Criminal Division’s Computer Crime and Intellectual Property Section.
The joint Belgian-Ukrainian investigation was led by the Federal Prosecutor’s Office and the Federal Computer Crime Unit of Belgium, and the National Police and the Prosecutor General’s Office of Ukraine, with significant support by Europol.
Additionally, the German Bundeskriminalamt provided assistance in the operation to seize xDedic’s infrastructure.
Texas Man Sentenced to 35 Years in Prison for “Sextorting” Minors in Eight StatesRead the Press Release
A Texas man was sentenced on Jan. 9 to 420 months in prison, to be followed by a lifetime of supervised release, for producing child pornography in 2016 and committing a sex-related felony involving a minor while being required to register as a sex offender, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney John C. Milhiser of the Central District of Illinois.
Mark P. Barnwell, 36, of Whitehouse, Texas, pleaded guilty before U.S. District Court Judge Joe Billy McDade of the Central District of Illinois on Aug. 29, 2018, to one count of producing child pornography and one count of committing a sex-related felony involving a minor while being required to register as a sex offender.
According to admissions made in connection with his guilty plea, Barnwell, at the time a registered sex offender, exploited minors online through the use of false personas on Facebook. Barnwell controlled multiple female-presenting profiles on Facebook. Using these profiles, Barnwell contacted female Facebook profile users and advertised a modeling opportunity he claimed would pay up to thousands of dollars per photo shoot.
At Barnwell’s urging, the minors that accepted the offer then took and sent to him photographs that they believed were being produced for the purposes of a modeling portfolio. The minor victims believed they would be paid by cash, check, or direct deposit once they completed the modeling portfolio process. At Barnwell’s explicit direction, the photographs taken by the minors progressed from various stages of undress to sexually suggestive and/or sexually explicit photographs of themselves.
Once he obtained compromising images, Barnwell threatened to injure the minor victims’ reputations and embarrass them by posting their nude pictures online if they failed to comply with demands for additional images. In total, Barnwell used this scheme to obtain nude photographs from 43 minor victims located in nine judicial districts across eight states.
In addition to the material, including videos and images, relating to sexual exploitation of children discovered on Barnwell’s devices, law enforcement authorities also found multiple videos captured by Barnwell, including several where he filmed up women’s skirts in public or attempted to do so. Authorities additionally discovered a large number of videos where Barnwell surreptitiously filmed women using public bathrooms. The authorities also discovered what is believed to be the hidden camera he used to capture the videos.
The charges are the result of a joint investigation by the U.S. Secret Service, the Peoria Police Department, and the Peoria County Sheriff’s Office. Vital assistance was provided by the U.S. Attorneys’ offices for the Central District of California, Southern District of Mississippi, District of Nevada, Eastern District of Texas, Northern District of Texas, Western District of Washington, Northern District of Iowa, and Southern District of West Virginia. This case is being prosecuted by Assistant U.S. Attorneys Ronald Hanna and Katherine Legge of the Central District of Illinois and Trial Attorney William Grady of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS).
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 U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Terminix Branch Manager Sentenced for Illegally Applying Restricted-Use Pesticide to Multiple Residence in the U.S. Virgin IslandsRead the Press Release
Jose Rivera, 59, former Branch Manager of TERMINIX INTERNATIONAL USVI LLC (TERMINIX USVI), was sentenced on Jan. 17, 2019, to 12 months in prison for illegally applying fumigants containing methyl bromide in multiple residential locations in the U.S. Virgin Islands, the Department of Justice and the Environmental Protection Agency (EPA) announced today. Two of the applications were at the Sirenusa condominium resort complex on St. John where a family of four fell seriously ill in March 2015, after the unit below them was fumigated. In September 2018, Rivera pleaded guilty to four-count of the counts charged in an indictment charging violations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) for application of a restricted-use pesticide in a manner inconsistent with its label.
According to the plea agreement, Rivera was certified as a pesticide applicator by the Virgin Islands Department of Planning and Natural Resources and received pesticide applicator training from the University of the Virgin Islands. Based on his training, Rivera knew that he was required to read the pesticide label and follow all instructions when using any pesticide. In short, the defendant was instructed that federal law requires applicators to follow the pesticide use instructions on the label. The label on methyl bromide states that its use is restricted to the location and manner on the label, and the label does not authorize application of methyl bromide in a residential unit. Rivera applied methyl bromide, a registered restricted-use pesticide, in a manner inconsistent with the use instructions on the label at the residences named in the counts of conviction.
In November, 2017, the companies TERMINIX LP and TERMINIX, USVI, Rivera’s employer, were sentenced for violations of FIFRA, based on their earlier guilty pleas. Terminix USVI, was sentenced to pay $4.6 million in fines and $1.2 million in restitution to the EPA for response and clean-up costs at the St. John resort. Terminix International Company LP was sentenced to pay a fine of $4.6 million and will perform community service related to training commercial pesticide applicators in fumigation practices and a separate health services training program.
In 1984, the EPA banned the indoor use of methyl bromide products. The few remaining uses are severely restricted and largely limited to commodity applications for quarantine and pre-shipment purposes. Pesticides containing methyl bromide in the U.S. are restricted-use due to their acute toxicity, meaning that they may only be applied by a certified applicator. Health effects of acute exposure to methyl bromide are serious and include central nervous system and respiratory system damage. Pesticides can be very toxic and it is critically important that they be used only as approved by EPA.
The case was investigated by EPA Criminal Investigation Division working cooperatively with the Virgins Islands government and, the Agency for Toxic Substances and Disease Registry.
Senior Litigation Counsel Howard P. Stewart of the Department of Justice, Environmental Crimes Section, and Assistant U.S. Attorney Kim L. Chisholm of the District of the Virgin Islands are prosecuting the case with assistance of Patricia C. Hick, EPA Region II Regional Criminal Enforcement Counsel.
St. Paul Police Officer Charged with Federal Civil Rights OffenseRead the Press Release
Brett Palkowitsch, 31, an officer with the St. Paul Police Department, was indicted on Jan. 16 by a federal grand jury in Minneapolis for using excessive force against an arrestee, announced Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division and FBI Minneapolis Special Agent in Charge Jill Sanborn.
Today’s indictment charges Palkowitsch with a single count of deprivation of rights under color of law, in violation of 18 U.S.C. § 242. The indictment alleges that Palkowitsch used unreasonable force when he kicked arrestee F.B. repeatedly while F.B. was on the ground and in the grips of a police canine, resulting in bodily injury.
The indictment carries a maximum penalty of 10 years of imprisonment and a $250,000 fine. An indictment is merely an accusation and the defendant is presumed innocent unless proven guilty.
This case was investigated by the Minneapolis Division of the FBI, and is being prosecuted by Trial Attorneys Christopher J. Perras and Zachary Dembo of the Justice Department’s Civil Rights Division.
Springfield Man Pleads Guilty to Second Bank RobberyRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Mo., man with a prior felony conviction for bank robbery pleaded guilty in federal court today to robbing Guaranty Bank in Springfield.
Donald David Hosey III, 39, pleaded guilty before U.S. Magistrate Judge David P. Rush to the charge contained in a Jan. 15, 2019, federal indictment. Hosey has a prior conviction for a nearly identical bank robbery in 2007.
According to court documents, Hosey entered Guaranty Bank, 2109 N. Glenstone in Springfield, on Nov. 29, 2018. He approached a bank teller and passed her a note that said, “Give me all your money. I have a gun don’t make me use it.” The teller complied with the threatening note and gave him $833 from her teller drawer. Hosey then fled from the bank.
Springfield police officers received a tip on Dec. 3, 2018, indicating that Hosey was the person responsible for the bank robbery. They learned that Hosey was staying at the Flagship Inn in Springfield. According to staff at the Flagship Inn, Hosey was behind on his rent but within an hour of the robbery, he repaid all of the back rent owed in cash. Officers contacted Hosey and arrested him.
Under federal statutes, Hosey is subject to a sentence of up to 20 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the Springfield, Mo., Police Department and the FBI.
South Texas Clinic Owner Sentenced to 30 Years in Prison for Her Role in $20 Million Medicare Fraud SchemeRead the Press Release
A clinic owner and operator was sentenced to 360 months in prison on Jan. 24 for her role in a scheme to defraud Medicare out of payments for medical services. Ann Shepherd was convicted at trial in the Southern District of Texas along with her co-defendants, Dr. John Ramirez and Yvette Nwoko.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ryan Patrick of the Southern District of Texas, Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office, Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Dallas Region, and the Texas Attorney General’s Medicaid Fraud Control Unit (MFCU) made the announcement.
Ann Nwoko Shepherd, 62, of Houston, Texas was sentenced by U.S. District Judge David Hittner of the Southern District of Texas. Judge Hittner also ordered the defendant to pay $20.928 million in restitution and to forfeit $250,000.
According to evidence presented at trial, from in or around December 2011 to in or around August 2015, John Ramirez, M.D., a physician, Ann Shepherd and Yvette Nwoko conspired and schemed to defraud Medicare out of payments for medical services. Shepherd owned and operated Southwest Total Medical Inc., a purported medical clinic doing business as Amex Medical Clinic in Houston. Shepherd, along with Yvette Nwoko sold medical orders and other documents signed by Dr. Ramirez to home-health agencies in and around Houston. Dr. Ramirez falsely certified in these medical orders information about the patient’s medical condition and need for medical services. Co-conspirators at home-health agencies then used the false and fraudulent paperwork signed by Dr. Ramirez and sold by Ann Shepherd and Yvette Nwoko to bill to, and receive payment from, Medicare for medical services that were not medically necessary or not provided.
Ann Shepherd also caused Amex Medical Clinic to bill Medicare for purported physician services that were actually provided by an unlicensed practitioner, if at all.
In all, Ann Shepherd caused Medicare to pay approximately $20 million on false and fraudulent claims submitted during the charged conspiracy.
Dr. John Ramirez is expected to be sentenced on Jan. 29 and Yvette Nwoko is expected to be sentenced on April 18, before the Honorable David Hittner.
This case was investigated by the FBI, HHS-OIG and the Texas Attorney General’s MFCU. Trial Attorney Scott Armstrong of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Tina Ansari of the Southern District of Texas are prosecuting the case.
The Criminal Division’s Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, , which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
South Florida Pharmacist Convicted of Health Care Fraud for Role in $100 Million Compounding Pharmacy SchemeRead the Press Release
A federal jury found a South Florida pharmacist guilty of health care fraud for his role in a massive compounding pharmacy fraud scheme, which impacted private insurance companies, Medicare and TRICARE.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Special Agent in Charge George Piro of the FBI’s Miami Field Office and Special Agent in Charge Shimon Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office made the announcement.
After a four-day trial, Ademola O. Adebayo, 55, of Odessa, FL, was convicted on Jan. 10 of one count of conspiracy to commit health care fraud and wire fraud, three counts of health care fraud, and one count of conspiracy to commit money laundering. Sentencing has been scheduled for March 19, 2019 before U.S. District Judge Moreno of the Southern District of Florida, who presided over the trial.
According to evidence presented at trial, from 2012 to 2015, Adebayo and his co-conspirators engaged in a scheme to defraud private insurance companies, Medicare, and TRICARE by submitting false and fraudulent claims for compounded drugs, primarily pain and scar creams, and other prescription medications that were not medically necessary, never provided, or both. The evidence established that in his role as the pharmacist at A to Z Pharmacy, a now-defunct pharmacy located in New Port Richey, Florida, Adebayo conspired to submit or cause the submission of claims that often amounted to several thousands of dollars for a single tube of pain or scar cream. In 2014, when insurance companies discovered the fraud at A to Z Pharmacy and terminated their contracts with the pharmacy, Adebayo agreed to become the straw owner of Havana Pharmacy & Discount in Miami, which Adebayo and his co-conspirators used to continue the fraud, the evidence showed.
The evidence further established that Adebayo personally benefited from the fraud and received $1.5 million, which he used to purchase luxury vehicles, including a Ferrari, a Lamborghini, a Bentley, a Porsche and two Cadillacs, as well as a house in Land O Lakes, Florida, many of which were seized by the government.
Eight other defendants have pleaded guilty in this case. Nicholas Borgesano, 46, of New Port Richey, Florida, was sentenced to 15 years in prison for his role as the owner of A to Z Pharmacy and participation in fraud schemes that involved Havana Pharmacy, Medplus/New Life Pharmacy and Metropolitan Pharmacy, all of Miami; and Jaimy Pharmacy and Prestige Pharmacy, both of Hialeah, Florida.
In addition to Borgesano, the following defendants have previously been sentenced for their roles in the scheme:
- Scott P. Piccininni, 50, of Fort Lauderdale, Florida, sentenced to 51 months in prison;
- Bradley Sirkin, 56, of Boca Raton, Florida, sentenced to 46 months in prison;
- Peter B. Williams, 58, of New Port Richey, sentenced to 26 months in prison, to be served consecutively to a 60-month sentence of imprisonment he is serving as a result of his guilty plea to a separate indictment returned in the Southern District of Florida; and
- Wayne M. Kreisberg, 41, of Parkland, Florida, placed on probation for a term of five years, to be served consecutively to a sentence of probation he is serving as a result of his guilty plea to a separate indictment returned in the Middle District of Florida.
This case was investigated by the FBI with support from HHS-OIG and DCIS and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. The case was prosecuted by Trial Attorneys Timothy P. Loper and Aleza Remis of the Fraud Section.
The Criminal Division’s Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Seafood Processor Sentenced to 45 Months for Selling Foreign Crab Meat Falsely Labeled as Blue Crab from USARead the Press Release
On January 10, 2019, James R. Casey of Poquoson, Virginia, was sentenced by U.S. District Judge Raymond A. Jackson, in Norfolk, Virginia, to 45 months in prison and a $15,000 fine for his role in conspiring to falsely label millions of dollars’ worth of foreign crab meat as “Product of USA.”
A significant decline in Atlantic blue crab (Callinectes sapidus) harvests that began in 2010 made it increasingly expensive to purchase live Atlantic blue crab and increasingly difficult to profit from the labor-intensive process of picking meat from live-harvested blue crab. According to papers filed in federal court, Casey admitted that, because of this decline, he and his company could not and did not process sufficient quantities of Atlantic blue crab to meet customer demands. To make up the shortfall, Casey and his co-conspirators used foreign crab meat to fulfill customer orders. During the periods when the company did not process blue crab—which sometimes lasted three months—the co-conspirators purchased crab meat (not live crabs) from Indonesia, China, Thailand, Vietnam, and other foreign locales.
The crab meat from Indonesia, China, Thailand, and Vietnam included meat from Portunus pelagicus, Portunus haanii, and Ovalipes punctatus, which are all Indo-West Pacific species of crab that do not live in the continental waters of the United States. The company also purchased crab meat (not live crabs) from Central American sources, which did include Atlantic blue crab, Callinectes sapidus, but also included other species such as Callinectes bocourti, Callinectes bellicosis, Callinectes toxotes, and Callinectes arcuatus.
In his plea agreement, Casey—who was the owner and President of Casey’s Seafood Inc., a wholesale processor of crab meat and other seafood—admitted to substituting foreign crab meat for domestically harvested blue crab. Videos, which were recorded by Casey’s Seafood’s security camera, and which were filed with the court, show company employees removing foreign crab meat from cans and plastic bags, and repackaging the crab meat into plastic containers labeled “Product of USA.” In the filed papers, Casey admitted to directing his employees to substitute and falsely label more than 183 tons of foreign crab meat, which was then sold to grocery stores and independent retailers.
According to the documents filed with the court, Casey further admitted that part of the conspiracy was to purchase discounted foreign crab meat, some of which was referred to as “distressed” because it was approaching or beyond its posted “best used by” dates. Casey admitted to directing company employees to “re-condition” the “distressed” crab meat by re-pasteurizing it, and then packaging the “re-conditioned” meat into the company’s cups, which were labeled and sold as blue crab and “Product of USA.” Casey also directed employees to place labels with “Product of USA” on containers that concealed labels marked as “Product of China” and “Product of Brazil.”
This case was part of an ongoing effort by the Department of Commerce’s National Oceanic and Atmospheric Administration Office of Law Enforcement, in coordination with the Food and Drug Administration, Department of Homeland Security, the Virginia Marine Police, and the Department of Justice to detect, deter, and prosecute those engaged in the false labeling of crab meat. This prosecution is being handled by the Justice Department’s Environmental Crimes Section and the U.S. Attorney’s Office for the Eastern District of Virginia. The government is represented by Assistant United States Attorney Eric Hurt and Trial Attorney Gary N. Donner.
Retired Highway Patrol Trooper Sentenced for Lying to FBI about GamblingRead the Press Release
WICHITA, KAN. – A retired highway patrol trooper was sentenced Monday to a year on federal probation for lying to the FBI during an investigation into illegal gambling in Wichita, U.S. Attorney Stephen McAllister said.
Michael Frederiksen, 53, Derby, Kan., was convicted in a jury trial in May on one count of making false statements to FBI investigators. During trial, prosecutors presented evidence that in 2014, while Frederiksen was still a Kansas Highway Patrol Trooper, he was filmed taking part in an illegal cash poker game. On Feb. 23, 2017, he was interviewed by FBI agents investigating illegal gambling businesses in Wichita.
The FBI had a video of Frederiksen playing in an illegal cash poker game held Feb. 12, 2014, at 922 1/2 E. Douglas in the Old Town district of Wichita. The site was equipped with poker tables, a cabinet for valuables and poker chips, video surveillance equipment, liquor and snacks. Staff included dealers, someone serving food and a waitress serving drinks and giving massages to the players.
An undercover investigator was at the game posing as a gambler. At one point, the undercover officer tried to use his phone to take photos. The men running the game took him aside and told him he was making other players nervous. They allowed the undercover officer to continue playing, but moved the game to other locations after that night.
During an FBI interview, Frederiksen made false statements, downplaying his involvement in illegal poker and his relationship with the operator of the poker game.
McAllister commended the FBI, the Wichita Police Department, the Internal Revenue Service and Assistant U.S. Attorneys Aaron Smith and Mona Furst for their work on the case.
Randolph County man admits to maintaining a drug houseRead the Press Release
ELKINS, WEST VIRGINIA – Cory Dean Carpenter, of Elkins, West Virginia, has admitted to maintaining a house for drug distribution, United States Attorney Bill Powell announced.
Carpenter, age 24, pled guilty to one count of “Maintaining Drug-Involved Premises.” Carpenter admitted to living at 98 Washington Street in Elkins, and making the home available for distributing methamphetamine, heroin, and cocaine from January 2017 to March 2017.
Carpenter faces up to 20 years incarceration and a fine of up to $1,000,000. 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 Stephen D. Warner is prosecuting the case on behalf of the government. The Mountain Region Drug & Violent Crimes Task Force investigated.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Magistrate Judge Michael John Aloi presided.
Project Huntington Update: Huntington Man Sentenced to Federal Prison for Drug and Gun ConvictionsRead the Press Release
HUNTINGTON, W.Va. – A Huntington man who was arrested as part of Project Huntington who previously pled guilty to drug and gun charges was sentenced today to 72 months and 1 day in federal prison, announced United States Attorney Mike Stuart. Eric Lee Burgess, 34, previously entered guilty pleas to distribution of heroin, prohibited possession of a firearm by a drug user, and possession of firearms in furtherance of a drug trafficking crime. Stuart commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Huntington Police Department.
“Burgess was one of many gun-toting drug dealers arrested in Huntington as part of Project Huntington,” said United States Attorney Mike Stuart. “I’ve said it before, and I’ll say it again – Huntington is no doubt a safer city today because of our collaborative efforts.”
On October 7, 2014, a confidential informant and an undercover ATF agent met with Burgess at Burgess’s residence located at 306 9th Street West in Huntington to purchase heroin. After negotiating the transaction, Burgess distributed approximately 5 grams of heroin to the agent in exchange for $875. Burgess was also observed using heroin and admitted that he possessed a .40 caliber pistol during the transaction. On December 16, 2014, the undercover agent again met with Burgess at his residence. On this occasion, the agent again observed Burgess using heroin and Burgess sold the agent an AR-15 style rifle along with a 30-round magazine.
On April 17, 2018, investigators arrested Burgess at his residence as part of Project Huntington. Investigators conducted a search of Burgess’s residence and seized a number of items including heroin, digital scales, and three firearms with assorted ammunition. Burgess admitted that he intended to distribute the heroin that was seized and that he possessed the firearms to serve as protection during heroin transactions.
Burgess also admitted to meeting with the informant and undercover agent on six additional occasions. On these occasions, Burgess admitted that he sold the informant and agent oxycodone pills, heroin, and four additional firearms. Burgess also admitted that he possessed other firearms during some of the transactions and that he was prohibited from possessing firearms based on his drug usage.
Assistant United States Attorney Joseph F. Adams handled the prosecution. United States District Judge Robert C. Chambers imposed the sentence.
This prosecution is part of Project Huntington, an effort announced by United States Attorney Mike Stuart in March 2018 in response to the opiate epidemic and violent crime in southern West Virginia.
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Project Huntington Update: Final Operation Saigon Sunset Defendant Pleads Guilty to Federal Drug ConspiracyRead the Press Release
HUNTINGTON, W.Va. – Nyanzangusa Baldwin, also known as “Botch,” 45, from Michigan, pled guilty to a federal drug conspiracy charge, announced United States Attorney Mike Stuart. Baldwin, who was caught with heroin in August 2017, entered his guilty plea to an indictment charging him with conspiracy to distribute heroin. Operation Saigon Sunset was a joint investigation conducted by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West.
“Baldwin is the last of the 15 defendants indicted as a result of Operation Saigon Sunset to plead guilty,” said United States Attorney Mike Stuart. “I want to commend the team involved in the investigation and prosecution of this case. An exemplary job was done by all involved. The conviction of the 15 defendants indicted in this case dismantled a significant drug trafficking network and substantially advanced our efforts to takeback the streets of Huntington.”
Baldwin admitted Manget Peterson asked him to come to Huntington in August 2017 to distribute heroin. He admitted that he distributed heroin from the Ramada Inn Motel in Huntington, West Virginia in August 2017. Officers executed a search warrant on the motel room and seized approximately 35 grams of heroin.
Baldwin faces up to 20 years in federal prison when he is sentenced on May 20, 2019.
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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Princeton Man Sentenced for Federal Drug CrimesRead the Press Release
BLUEFIELD, W.Va. – United States Attorney Mike Stuart announced today that a Princeton man was sentenced to 108 months in prison for federal drug crimes. Jerome Jones, 54, previously pled guilty to seven counts of distribution of a quantity of cocaine base, two counts of possession with intent to distribute a quantity of cocaine base, and one count of distribution of cocaine. The case was investigated by the Southern Regional Drug and Violent Crime Task Force and the West Virginia State Police.
“Nine years. Nine years,” said United States Attorney Mike Stuart. “Attacking the drug epidemic is one of our top priorities and Jones now gets to spend much of the rest of his productive life behind bars. My office has been incredibly effective putting drug dealers and drug thugs behind bars and we won’t stop until they stop.”
Jones admitted that between May 18, 2016, and November 13, 2017, he sold quantities of cocaine and cocaine base to a confidential informant who was working with police. He further admitted that law enforcement authorities served search warrants at his residence on June 1, 2016, and on December 20, 2017, and seized quantities of cocaine and cocaine base.
Assistant United States Attorney John File handled the prosecution. Senior United States District Judge David A. Faber imposed the sentence.
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