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28 January 2019
Chinese National Who Stole Trade Secrets while Working for Medical Device Companies Sentenced to Federal PrisonRead the Press Release
SANTA ANA, California – An Irvine engineer who stole trade secrets belonging to two former employers, both of which develop and manufacture medical devices used to treat cardiac and vascular ailments, was sentenced late this afternoon to 27 months in federal prison.
Wenfeng Lu, 46, was sentenced today by United States District Judge Andrew J. Guilford.
Lu was sentenced after pleading guilty last May to six counts of unauthorized possession and attempted possession of trade secrets. Lu admitted that he stole confidential and proprietary trade secrets from two different medical device companies with research facilities in Irvine, where Lu worked from January 2009 until he was arrested in this case in 2012.
Lu first worked at ev3 (which later became part of Covidien, and then Medtronic), and later at Edwards Lifesciences Corporation. Notwithstanding signing employment agreements in which he acknowledged that proprietary technology developed at the companies was the sole property of the companies, Lu copied numerous documents belonging to both of his employers that contained technical information and trade secrets, took them home, and placed them on his personal laptop computer.
While he was working for the companies, Lu travelled to the People’s Republic of China (PRC) multiple times – sometimes soon after stealing the trade secrets from his employers. Lu had obtained financing and was preparing to open a company in the PRC that would manufacture devices used to treat vascular problems and would use technology he had stolen from his American employers, according to court documents.
“In furtherance of his business, defendant [Lu] applied to the PRC government for funding designed to attract technological talent from places such as the United States, and was selected to receive approximately $2 million RMB (about $328,000 USD) and free rent for a period of three years in a laboratory in a technology park located in Nanjing Province in the PRC,” prosecutors wrote in a sentencing memorandum filed with the court. “The money and laboratory space was part of a program sponsored by the PRC government to encourage scientists of Chinese descent to return to the PRC with intellectual property to develop biomedical technology in the PRC.”
Lu was arrested as he prepared to board a plane to the PRC in November 2012, which prevented him from implementing his business plan and causing significant harm to the victim companies in the United States.
The sentencing memo notes that Lu was not content with “a substantial salary, a comfortable life in Irvine, California, and the opportunity to develop meaningful products that save people’s lives,” so he took his employers’ protected information. In addition, he took the information to the PRC, putting those trade secrets “at great risk of being stolen by nefarious actors in the PRC.”
This case was investigated by the Federal Bureau of Investigation.
This matter was prosecuted by Assistant United States Attorney Mark Takla of the Terrorism and Export Crimes Section and Assistant United States Attorney Jennie L. Wang of the Cyber and Intellectual Property Crimes Section.
Chicago-Based Clinical Psychologist Charged in $3.2 Million Health Care Fraud Scheme That Allegedly Exploited Mentally Disabled PatientsRead the Press Release
A Chicago, Illinois-based clinical psychologist was charged in an indictment filed on Jan. 3, for his participation in a health care fraud scheme involving approximately $3.2 million in allegedly fraudulent claims billed to Medicare for psychological counseling and psychological testing for severely mentally disabled adults that was never actually performed.
Assistant Attorney General Brian Benczkowski of the Justice Department’s Criminal Division, Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Chicago Regional Office and Special Agent in Charge Jeffrey S. Sallet of the FBI’s Chicago Field Office made the announcement
Hubert Dolezal, Ph.D., 78, of Chicago, was charged in an indictment filed in the Northern District of Illinois with 15 counts of health care fraud.
According to the indictment, from December 2012 to June 2018, Dolezal allegedly engaged in a scheme to bill Medicare for psychological counseling, psychological testing and neuropsychological testing of severely mentally disabled adults living in community-based housing. The indictment alleges that Dolezal defrauded Medicare through submission of claims for services that were never performed, and for services performed on a routine, rather than an as-needed basis. The indictment also alleges that Dolezal was also double-paid for services, collecting payment from Medicare and the organization running the community-based housing.
The indictment alleges that Dorezal submitted approximately $4.4 million in fraudulent claims to Medicare, and that Medicare paid a total of approximately $3.2 million on those claims.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by HHS-OIG and the FBI. Trial Attorney Leslie S. Garthwaite of the Criminal Division’s Fraud Section is prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and the U.S. Department of Health and Human Services (HHS) to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.
California man sentenced to seven years in Sidney meth caseRead the Press Release
BILLINGS – California resident Raymond M. Fitch was sentenced to seven years in federal prison and to five years of supervised release on January 25 for conviction in a methamphetamine case in which the drug was mailed to Sidney from California, said U.S. Attorney Kurt Alme today.
Fitch, 59, of Imperial Beach, Calif., pleaded guilty earlier to possession with intent to distribute meth.
U.S. District Judge Susan Watters presided at sentencing.
The investigation began in about August 2017 when the Montana Division of Criminal Investigation received information that two individuals from Sidney had been receiving regular shipments of meth by mail at their residence from a source in California.
On August 29, 2017, the U.S. Postal Service observed a package addressed to one of these persons from Chula Vista, Calif. The sender’s return address was to a strip mall. Law enforcement executed a search warrant on the package and found a clear plastic bag containing meth along with a note addressed to “T&T.” Officers also found a clear plastic bag containing about 54 grams of pure meth with a note reading “RF you owe 4000 total.” Fifty four grams of meth is the equivalent of about 432 individual doses.
During an interview, one of these co-conspirators told officers that “RF” was Ray Fitch and that Fitch received one ounce of meth from the California supplier in every package the source sent. The co-conspirator estimated that Fitch had received numerous packages of meth from the source. The second co-conspirator corroborated the statement and said that the meth reserved for Fitch was always labeled with the initials “RF.”
Law enforcement also interviewed one of Fitch’s customers who bought about a half ounce of meth daily from Fitch for about four months.
Assistant U.S. Attorney Bryan Dake prosecuted the case, which was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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California Doctor Sentenced to Prison for Role in Medicare Kickback ConspiracyRead the Press Release
A California doctor was sentenced to 42 months in prison on Jan. 22 for his role in a Medicare kickback conspiracy involving a Los Angeles-area home health agency.
Kanagasabai Kanakeswaran, M.D., 65, of Lancaster, California, was sentenced by U.S. District Judge Philip S. Gutierrez of the Central District of California, who also ordered Kanakeswaran to forfeit $509,662 to the United States. Following a six-day trial, Kanakeswaran was convicted by a federal jury in Los Angeles, California, on Aug. 23, 2018, on one count of conspiracy to pay and/or receive kickbacks for Medicare referrals and four counts of receiving kickbacks for Medicare referrals.
According to evidence presented at trial, from 2008 to 2016, Kanakeswaran and others engaged in a conspiracy to refer Medicare patients to Star Home Health Resources (Star), a home health agency located in La Verne, California in exchange for illegal kickback payments. Kanakeswaran received cash kickback payments, as well as kickback payments by check through a company Kanakeswaran owned called Digital Perfection Corporation, the evidence showed. The evidence presented at trial showed that Kanakeswaran received illegal kickbacks from Star in the amount of $509,662.
As a result of the conspiracy, the owners and operators of Star submitted claims to Medicare based on the Medicare beneficiaries that Kanakeswaran referred to Star, and Medicare paid approximately $4.1 million based on those claims, the evidence showed.
This case was investigated by HHS-OIG and the FBI. Trial Attorney Claire Yan of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Alexander F. Porter of the Major Frauds Section of the Central District of California are prosecuting the case.
Bradenton Woman Pleads Guilty to Role in Stolen Identity Refund Fraud SchemeRead the Press Release
Tampa, Florida – On January 16, 2019, Christabelle Crews (36, Tampa) pleaded guilty to theft of government funds. Crews faces a maximum penalty of 10 years in federal prison. Her sentencing date has not yet been scheduled.
According to the facts presented at the plea hearing, Crews was involved in a scheme to deposit U.S. income tax refunds checks that the IRS had issued as the result of income tax returns fraudulently filed in the names of victim-taxpayers. Evidence showed that Crews had deposited a number of third-party tax refund checks with forged signatures of the victims, into a SunTrust bank account that she controlled between December 2012 and May 2013. The scheme resulted in the transmission of more than $56,000 in fraudulent income tax refund checks.
This case was investigated by the Internal Revenue Service-Criminal Investigation. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.
Beaumont Man Charged in Connection with Shooting of Girlfriend and ChildRead the Press Release
BEAUMONT, Texas – A 25-year-old Beaumont, Texas man appeared in federal court on firearms and drug trafficking charges in the Eastern District of Texas announced U.S. Attorney Joseph D. Brown today.
James Anthony Madrid had an initial appearance today pursuant to a criminal complaint issued by the U.S. District Court charging him with possession with intent to distribute cocaine and using a firearm during a drug trafficking crime.
According to information presented in court, on Jan. 24, 2019, local and federal agents responded to the 8700 block of Newfield Lane in Beaumont, Texas, in connection with a shooting. Officers discovered Madrid’s one-year-old child and girlfriend had been shot. An investigation revealed Madrid had shot the girlfriend and child as individuals attempted to break into the house in connection with Madrid’s drug trafficking activities. A search of the home revealed approximately 1.5 kilograms of cocaine, evidence of drug distribution and several firearms.
If convicted, Madrid faces up to Life in federal prison.
This case is being investigated by the Beaumont Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives and prosecuted by Assistant U.S. Attorney Russell James.
It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.
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Bakersfield Trucker Sentenced for Shipping Drugs Sourced from MexicoRead the Press Release
FRESNO, Calif. — Darrell Leon Jennings, 51, of Bakersfield, was sentenced today to five years in prison for conspiring to distribute and possess with intent to distribute heroin and cocaine, U.S. Attorney McGregor W. Scott announced.
His sentence follows his guilty plea on November 7, 2018. According to court documents, Jennings, a trucker doing business in Moreno Valley as Jennings Transportation, assisted Mario Alvarez-Muniz, 50, of Taft, in transporting 6 kilograms of heroin and 11 kilograms of cocaine destined for Chicago. After Alvarez-Muniz arranged for the shipment of the drugs from Mexico to Mira Loma, Jennings picked up the drugs and drove back to Bakersfield where he was stopped by agents. A police dog located the drugs in a customized hidden compartment in Jennings’ truck.
Co-defendant Alvarez-Muniz previously entered a guilty plea and was sentenced last year to a prison term of 10 years and 1 month.
This case was the product of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation by the U.S. Drug Enforcement Administration, California Highway Patrol, Bakersfield Police Department, and Kern County Probation Office. OCDETF is the centerpiece of the United States Attorney General's drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations and related criminal enterprises. Assistant U.S. Attorney Karen Escobar prosecuted the case.
Avanti Hospitals Llc, and Its Owners Agree to Pay $8.1 Million to Settle Allegations of Making Illegal Payments in Exchange for ReferralsRead the Press Release
The Department of Justice announced that on Dec. 28, 2018 Los Angeles-based Avanti Hospitals LLC (Avanti) and six of its owners will pay the federal government $8.1 million to settle claims that they violated the False Claims Act by submitting, or causing Avanti’s subsidiary, Memorial Hospital of Gardena (Gardena Hospital), to submit false claims to the Medicare and Medicaid programs for medical services referred by a physician who received kickbacks and other improper payments from Gardena and other Avanti affiliates.
“Financial arrangements that improperly compensate physicians for referrals encourage physicians to make decisions based on financial gain rather than patient needs,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division. “The Department of Justice is committed to preventing illegal financial relationships that undermine the integrity of our public health programs.”
The government alleged that the payments from Avanti, Gardena Hospital and at least two other Avanti affiliates to a high-referring physician violated the Anti-Kickback Statute and the Physician Self-Referral Law, commonly known as the Stark Law. The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded programs. The Stark Law prohibits a hospital from billing Medicare for certain services referred by physicians with whom the hospital has an improper compensation arrangement. Both the Anti-Kickback Statute and the Stark Law are intended to ensure that a physician’s medical judgment is not distorted by improper financial incentives and is instead based only on the best interests of the patient.
The settlement announced resolved allegations that Avanti, Gardena Hospital and at least two other Avanti affiliates provided compensation to a physician they engaged as a medical director that (1) exceeded fair market value for his services, and (2) was an attempt to incentivize him to refer patients to Gardena Hospital.
“Illegal kickbacks paid to doctors for referrals burden our healthcare system, drive up insurance costs for everyone, and corrupt the doctor-patient relationship,” said United States Attorney Nick Hanna for the Central District of California. “Patients are not commodities who can be sold to the highest bidder, especially when the bills are ultimately being paid by American taxpayers.”
Avanti and Gardena Hospital have also entered into a corporate integrity agreement with the Department of Health and Human Services Office of Inspector General (HHS-OIG).
“Patients and taxpayers rightly should expect that referrals be based on sound medical judgement, not driven by thinly veiled bribes, as alleged here,” said Christian J. Schrank, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Our compliance agreement with Avanti and Gardena Hospital contains strong monitoring and reporting provisions to help ensure that people in government health programs will be protected.”
The settlement partially resolves allegations originally brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act by Dr. Joshua Luke, the former C.E.O. of Gardena Hospital. The act permits private parties to sue on behalf of the government for false claims for government funds and to receive a share of any recovery. The government may intervene and file its own complaint in such a lawsuit. Dr. Luke will receive approximately $1.6 million from the federal government.
The government’s intervention in this matter illustrates its emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
This matter was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Central District of California, and the Department of Health and Human Services Office of Inspector General.
The case is docketed as U.S. ex rel. Luke, State of California ex rel. Luke v. Gardena Hospital, L.P. DBA Memorial Hospital of Gardena, Avanti Hospitals, LLC, et al., CV 15-08732 FMO (C.D. Cal.) (PARTIALLY UNDER SEAL). The claims resolved by the settlement are allegations only; there has been no determination of liability.
Australian Commodities Trader Pleads Guilty to Spoofing on U.S. Futures ExchangeRead the Press Release
A commodities trader at an Australian proprietary trading firm (Trading Firm A) pleaded guilty on Dec. 26, 2018 to spoofing in connection with his fraudulent and deceptive trading activity in the E-mini S&P 500 futures contracts market on the Chicago Mercantile Exchange (CME).
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and Special Agent in Charge Jeffrey S. Sallet of the FBI’s Chicago Field Office made the announcement.
Jiongsheng (“Jim”) Zhao, 31, of Sydney, Australia, pleaded guilty before U.S. District Judge John J. Tharp Jr. of the Northern District of Illinois to one count of spoofing. Zhao was extradited to the United States on Nov. 16 and made his first court appearance on Nov. 19. Sentencing is scheduled for July 19, 2019 before Judge Tharp.
“For almost four years, Jim Zhao placed thousands of phony orders for E-mini S&P 500 futures contracts that he never intended to execute—all in an effort to fraudulently move the market to his own advantage,” said Assistant Attorney General Benczkowski. “The Department and our law enforcement partners will use every tool at our disposal to identify and prosecute those who engage in manipulative trading activity on U.S. markets.”
As part of his plea, Zhao admitted that from approximately July 2012 through March 2016, he placed thousands of orders for E-mini S&P 500 futures contracts on the CME, a commodities exchange operated by CME Group Inc., that, at the time Zhao placed the orders, he intended to cancel before execution (the Spoof Orders). Zhao admitted that typically he engaged in this trading strategy when he already had an order for E-mini S&P 500 futures contracts pending in the market that he did want to execute, but that was not being filled (the Primary Order). Zhao admitted that he would place the Spoof Orders on the opposite side of the market from the Primary Order with the goal to induce other market participants to trade against his Primary Order. This trading strategy, Zhao admitted, was intended to inject materially false and misleading liquidity and price information into the E-mini S&P 500 futures contracts market by placing the Spoof Orders in order to deceive other market participants about the existence of supply and demand. The Spoof Orders were designed to artificially move the price of E-mini S&P 500 futures contracts in a direction that was favorable to Zhao, and to the detriment of other market participants. In pleading guilty, Zhao admitted that he placed the Spoof Orders in order to generate profits (or mitigate losses) for himself and Trading Firm A, and that Trading Firm A kept a percentage of Zhao’s trading profits, ranging at various times from 20 percent to 50 percent.
According to admissions in the plea agreement, in approximately March 2016, the CME began an investigation into Zhao’s trading activity in connection with the E-mini S&P 500 futures contracts. As part of that investigation, Zhao submitted to a CME interview, and provided the CME with written responses to explain his trading activity, including three specific examples of Zhao’s trading activity. In a written response submitted to the CME, Zhao stated that all of the orders identified in the three examples were part of either a “scalping” or spread trading strategy and were placed with the intention to execute. In truth and in fact, however, Zhao admitted as part of his plea that when providing this response to the CME, he knew that he had placed certain large orders identified in each example with the intent, at the time they were placed, to cancel them before execution (i.e., the large orders were Spoof Orders). Zhao admitted that his statement to the CME that he placed these large orders with the intention that they be filled was false and misleading, and that he made this false statement in order to falsify, conceal and cover up his spoofing conduct.
This case is the result of an ongoing investigation by the FBI’s Chicago Field Office. The International Crime Cooperation Central Authority of the Australian Government Attorney-General’s Department, the Australian Federal Police and the Criminal Division’s Office of International Affairs provided significant assistance in connection with the arrest and extradition of Zhao. The Commodity Futures Trading Commission’s Division of Enforcement and the Australian Securities and Investments Commission also provided substantial assistance in this case.
Trial Attorney Matthew F. Sullivan and Assistant Chief Justin D. Weitz of the Criminal Division’s Fraud Section are prosecuting the case.
Individuals who believe that they may be a victim in these cases should visit the Fraud Section’s Victim Witness website for more information.
Assistant U.S. Attorney K. McKenzie Anderson Receives Human Trafficking AwardRead the Press Release
OKLAHOMA CITY – The Oklahoma Human Trafficking Task Force has named Assistant U.S. Attorney K. McKenzie Anderson as the recipient of its Award for Outstanding Contribution to the Fight Against Human Trafficking in Oklahoma, announced Robert J. Troester of the U.S. Attorney’s Office. AUSA Anderson received the award on January 24, 2019, at the task force’s candlelight vigil at the Oklahoma Bar Center as part of Human Trafficking Awareness Month.
Ms. Anderson became an Assistant U.S. Attorney in 2014, after private practice with major law firms in New York City and Oklahoma City. Her portfolio includes a number of cases against those involved in child sex trafficking. She has also handled a variety of other criminal cases, including complex white collar matters and gun prosecutions. A graduate of the University of Chicago School of Law, she serves as the office’s Human Trafficking Coordinator and has taught courses at the Department of Justice’s National Advocacy Center on human trafficking prosecutions.
For more on federal efforts to prevent and prosecute human trafficking, visit https://www.justice.gov/humantrafficking.
Armed Leader of Drug Conspiracy Is Sentenced to 27 YearsRead the Press Release
CHARLOTTE, N.C. – On Thursday, January 24, 2019, Dontarius Marquis Hall, 39, of Gaston County, N.C., was sentenced to 27 years in prison for drug trafficking conspiracy, distribution and possession with intent to distribute crack cocaine, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a felon, announced U.S. Attorney Andrew Murray. In addition to the prison term imposed, U.S. District Judge Robert J. Conrad, Jr. also ordered Hall to serve five years under court supervision.
John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Robert C. Helton of the Gastonia Police Department join U.S. Attorney Murray in making today’s announcement.
According to information contained in filed court documents and Hall’s sentencing hearing, Hall’s trial was scheduled to begin on June 4, 2018. The morning of the first day of trial Hall entered a plea of guilty, and admitted to being the leader, organizer and recruiter of a drug conspiracy that operated in an around Gaston County. Hall further admitted that between 2010 and 2015, the drug conspiracy trafficked eight to twenty-five kilograms of crack cocaine. According to court records, while executing a federal search warrant at Hall’s residence in December 2015, law enforcement recovered two firearms, drug trafficking paraphernalia, and $965 in cash. Due to his lengthy criminal history, which dates back to 1999 and includes several convictions for drug and firearm offenses, Hall was prohibited from possessing a firearm.
Hall 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 has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition and violent and drug crimes that involve the use of firearms.
This case stems from an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
In making today’s announcement U.S. Attorney Murray thanked the FBI and the Gastonia Police Department for their investigation of the case.
Assistant U.S. Attorneys Steven R. Kaufman and Lambert Guinn of the U.S. Attorney’s Office in Charlotte handled the prosecution.
Armed Drug Trafficker SentencedRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Phillip Taylor, 28, of Rochester, NY, who was convicted of possession with intent to distribute cocaine and possession of a firearm and ammunition by a convicted felon, was sentenced to 188 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Charles Moynihan, who is handling the case, stated that Taylor, a two-time convicted felon, was arrested following a police investigation which took Rochester Police officers to 173 Anderson Avenue to investigate a report of a person dropping a handgun in the parking lot of the business located there. When officers arrived, they saw a person, later identified as Taylor, get into the driver’s seat of a blue Ford Escape and drive off after officers went to speak with him about the reported handgun. The defendant drove his car in the direction of one of the responding officers, coming within inches before driving away. Taylor also struck a brick structure with his vehicle as he exited the parking lot and continued traveling westbound on Anderson Avenue as officers pursued him. Officers followed Taylor in police cars onto College Avenue where the defendant struck a tree. Undeterred, Taylor continued to flee on foot with officers in pursuit. During the chase, officers could see the defendant holding the right side of his pants while making several attempts to remove something from his pants pocket. Taylor was taken into custody in the area of 100 College Avenue. Officers searched the defendant and recovered a loaded .380 caliber semiautomatic handgun in his pocket, $704 in cash, and 12 vials containing cocaine.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Mark Simmons, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
Arizona courier with 10 pounds of methamphetamine sentencedRead the Press Release
BILLINGS – An Arizona woman who admitted driving 10 pounds of methamphetamine to Billings to make money was sentenced on January 25 to five years in prison and five years of supervised release, said U.S. Attorney Kurt Alme on Monday.
Leticia Aguirre Tyrrell, 36, of Tucson, had pleaded guilty earlier to possession with intent to distribute methamphetamine.
U.S. District Judge Susan Watters presided at sentencing.
During a drug trafficking investigation, task force agents worked with a confidential informant who arranged for a meth shipment to be delivered in Billings. On June 23, 2018, investigators learned that the courier’s name was “Leti” and that she had arrived at a Billings hotel. Agents arrested her and identified her as Leticia Aguirre Tyrrell.
Agents seized Tyrrell’s Ford Fusion and got a warrant to search the vehicle. Investigators found 10 pounds of meth in one large package in the rear passenger seating area of the vehicle. Ten pounds of meth is the equivalent of about 36,240 individual doses.
In an interview later, Tyrrell said she had made the trip to earn some money and was to be paid $5,000 for driving to Billings. The vehicle had been rented. Tyrrell obtained a box of what she believed to be meth from an unknown male in Phoenix before departing for Montana.
Assistant U.S. Attorney Tom Godfrey prosecuted the case, which was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Amherst Man Pleads Guilty to Threatening A Local PhysicianRead 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 Gary Drago, 58, of Amherst, NY, pleaded guilty to witness tampering and failure to file an income tax return before U.S. District Judge Lawrence J. Vilardo. 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 on May 19, 2017, the Federal Bureau of Investigation received information from an individual (Victim) regarding threats, theft, and extortionate acts that the defendant made against the Victim and the Victim’s business, a medical practice. The Victim also advised the FBI that he had a meeting with the Amherst Police Department regarding these crimes the very next day. The FBI advised the Victim to meet with the Amherst Police Department. The Victim was going to meet with the Amherst Police and the FBI to tell them about how Drago previously extorted money from the Victim’s business by using threats of physical harm and threats to ruin the Victim’s reputation.
However, an employee of the Victim overheard the conversation with the FBI, and notified the defendant. Drago then arrived at the Victim’s place of business, and told the Victim’s patients that the Victim was done seeing patients that day. Drago then then physically took the Victim from his place of business and placed the Victim in his car. Once in the car, the defendant threatened the Victim with a pistol, and slapped the Victim, telling the Victim that he heard the Victim was talking with law enforcement. Drago continued to ask the Victim who he spoke to from law enforcement, and what the Victim told them. The Victim told the defendant that he spoke to the FBI and was going to meet with the Amherst Police the next day. While continuing to threaten the Victim, the defendant told the Victim to call the FBI and tell them that everything was okay, which the Victim did. Drago then let the Victim go home.
Later that same night, the defendant repeatedly called the Victim and left messages on his voice mail threatening the Victim, and reminding the Victim not to cooperate with the FBI, or go to the meeting with the Amherst Police the next day.
Between 2013 and May 20, 2017, the defendant worked at medical business located in Williamsville, NY. During that time, Drago entered into a contract for employment with the Victim/owner and was paid a salary through the payroll. However, the defendant eventually started taking additional money from the business in the form of cash, without providing any employment service in return. When confronted by the Victim about the money, Drago would threaten force or physical harm. Specifically, the defendant took a total of $129,792 without rendering employment services. When confronted by the Victim, Drago would berate and threaten physical harm or damage to the Victim’s reputation. As a result, the Victim was fearful, and was prevented from stopping the defendant from taking the unearned money.
In addition, during the course of his employment with the Victim, Drago received recordable income. Some of this income was derived from the defendant’s threats to the Victim, and was paid by the Victim to the defendant as extortion money. The defendant received this income through payroll check payments from the victim’s business, as well as cash payments from the Victim. However, Drago failed to file federal income tax returns. For the tax years 2013 through 2016, the defendant received $294,043 in income, resulting in a loss to the Internal Revenue service of $19,007.
The plea is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the Internal Revenue Service, Criminal Investigation Division, under the direction of Acting Special Agent-in-Charge Jonathan D. Larsen, New York Field Office; the Lancaster Police Department, under the direction of Chief Gerald Gill; the Amherst Police Department, under the direction of Chief John Askey; the New York State Police, under the direction of Major Edward Kennedy; the Erie County Sheriff’s Office, under the direction of Timothy Howard; and the Erie County District Attorney’s Office, under the direction of John Flynn.
Sentencing is scheduled for June 29, 2019, before Judge Vilardo.
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25 January 2019
Tres hombres del suroeste de Kansas son condenados a la cárcel por planear un atentado con bomba contra inmigrantes somalíes en Garden CityRead the Press Release
Tres hombres del suroeste de Kansas fueron condenados a 25, 26 y 30 años de cárcel tras ser acusados de confabular a detonar una bomba en un complejo de apartamentos en Garden City donde vivían inmigrantes musulmanes, anunciaron el Fiscal General en funciones Matthew Whitaker, el Fiscal Federal para el Distrito de Kansas, Stephen McAllister, el Director del Buró de Investigaciones Federales («FBI», por sus siglas en inglés), Chris Wray, el Fiscal Federal Auxiliar de la División de Derechos Civiles Eric Dreiband, el Fiscal General Auxiliar de la División Nacional de Seguridad John C. Demers y el Agente Especial Encargado de la División del FBI en la Ciudad de Kansas Darrin E. Jones.
«El Departamento de Justicia trabaja a diario a frustrar amenazas terroristas en los Estados Unidos», afirmó el Fiscal General en funciones Whitaker. «Está claro que los autores en este atentado actuaron con premeditación en su intento de asesinar a personas inocentes por motivos de su religión y origen nacional. No es solo ilegal: es moralmente repugnante. La condena de hoy representa una victoria importante contra los delitos de odio y el terrorismo doméstico, y quisiera agradecer a todos los que ayudaron a llevar a los acusados ante la justicia, eso es, a los profesionales dedicados del FBI, la Fiscalía Federal en Kansas, la División de Derechos Civiles, la División de Seguridad Nacional, y nuestras agencias asociadas del orden público locales y estatales. La policía salvó vidas en este caso».
«Estos acusados planearon, sin piedad, detonar una bomba en un complejo de apartamentos y matar a gente inocente, sencillamente por motivos de dónde son y cómo rezan», declaró el Director del FBI Wray. «Hoy, junto con nuestras agencias asociadas del orden público, reafirmamos nuestro compromiso a proteger a los miembros de nuestras comunidades de aquellos que intenten aterrorizarlos y dañarlos».
«Algunos han descrito este enjuiciamiento como un caso de derechos civiles, un caso de terrorismo doméstico o incluso un caso de delincuencia violenta», comentó el Fiscal Federal para el Distrito de Kansas, Stephen McAllister. «No obstante, se mire como se mire, va en contra de todo lo que representamos: derechos civiles, la seguridad pública y el respeto de la ley».
«La condena de hoy refleja el compromiso del FBI a proteger las comunidades que servimos y nuestra obligación continua a impedir complots cuando la intención de los mismos es cometer actos violentos y dañar a otros», dijo Darrin Jones, el Agente Especial Encargado de la División del FBI en la Ciudad de Kansas. «La condena resalta la gravedad de estos delitos y que no se tolerará las acciones motivadas por el odio. El FBI, junto con nuestras agencias asociadas del orden público, seguirá trabajando agresivamente para garantizar que los autores sean llevados ante la justicia».
El 18 de abril del 2018, tras un juicio que duró cinco semanas, un Jurado federal condenó a Patrick Eugene Stein, de 49 años, vecino de Wright, Kansas, a Curtis Allen, de 51 años, vecino de Liberal, Kansas, y a Gavin Wright, de 53 años, vecino del Condado de Beaver, Oklahoma, de un cargo de confabular a emplear un arma de destrucción masiva y un cargo de confabular a vulnerar los derechos a la vivienda de sus víctimas anticipadas. Ambas conspiraciones se basaron en el complot de los acusados de estallar el complejo de apartamentos en un intento de asesinar a los inmigrantes somalíes musulmanes que vivían allí. El jurado también condenó a Wright por mentir al FBI en un asunto relacionado con el terrorismo doméstico.
Las pruebas que se presentaron en el juicio revelaron que, a lo largo de varios meses, los acusados confabularon a atacar un complejo de apartamentos que contenía una mezquita en Garden City, Kansas, donde inmigrantes musulmanes originarios de Somalia vivían y rezaban. Las pruebas presentadas durante el juicio establecieron que los acusados celebraron varias reuniones con el fin de planear el ataque y tomaron medidas significativas, incluyendo la fabricación y la prueba de explosivos, en miras a la implementación de su plan. Durante la investigación dirigida por el FBI que duró ocho meses, una fuente confidencial, a quien el Gobierno da el crédito por impedir el ataque y salvar las vidas de víctimas inocentes, grabó numerosas conversaciones en las que los acusados discutieron y perfeccionaron su plan. A medida que el plan se forjaba, los acusados discutieron obtener cuatro vehículos con el fin de llenarlos de explosivos y aparcarlos en las cuatro esquinas del complejo de apartamentos para crear una explosión que seguramente nivelaría el edificio y mataría a sus inquilinos.
A lo largo de la investigación, el acusado Stein también se reunió con un agente encubierto del FBI que fingía ser un traficante de armas del mercado negro en un esfuerzo por obtener una bomba. Durante una de las reuniones, Stein realizó una visita en carro con el agente para ver el edificio de apartamentos que los acusados tenían previsto destrozar.
Curtis Allen fue condenado a 25 años. Gavin Wright fue condenado a 26 años. Patrick Stein fue condenado a 30 años.
Whitaker, McAllister, Wray, Dreiband, Demers y Jones elogiaron a los siguientes procuradores y agencias del orden público por sus esfuerzos excepcionales y ejemplares en la investigación y el enjuiciamiento de este caso importante: el FBI, la Policía de Liberal, la Oficina del Sheriff del Condado de Seward, la Oficina del Sheriff del Condado de Ford, la Policía de Garden City, la Policía de Dodge City la Oficina del Sheriff del Condado de Finney, la Patrulla de Carreteras de Kansas, el Buró de Investigaciones de Kansas, la Fiscalía Federal y la División de Derechos Civiles y la División de Seguridad Nacional del Departamento de Justicia.
El caso fue enjuiciado por el Fiscal Federal Auxiliar Tony Mattivi y las Abogadas de Litigios Risa Berkower y Mary J. Hahn de la División de Derechos Civiles y apoyado por el Abogado de Litigios David Cora, de la Sección de Contraterrorismo de la División de Seguridad Nacional y la Abogada de Apelaciones Danielle Tarin de la Oficina de Leyes y Políticas.
Para más información sobre el trabajo del Departamento de Justicia por combatir y prevenir los delitos de odio, vaya a www.justice.gov/hatecrimes: es un único portal con enlaces a recursos del Departamento de Justicia relacionados con delitos de odio para la policía, los medios de comunicación, investigadores, víctimas, grupos de apoyo, y otras organizaciones y personas.
Three Southwest Kansas Men Sentenced to Prison for Plotting to Bomb Somali Immigrants in Garden CityRead the Press Release
WASHINGTON – Three men from southwest Kansas were sentenced to 25, 26 and 30 years imprisonment on charges of conspiring to detonate a bomb at an apartment complex in Garden City where Muslim immigrants lived, announced Acting Attorney General Matthew Whitaker; United States Attorney for the District of Kansas Stephen McAllister; FBI Director Chris Wray; Assistant Attorney General for the Civil Rights Division Eric Dreiband; Assistant Attorney General for the National Security Division John C. Demers; and FBI Kansas City Division Special Agent in Charge Darrin E. Jones.
“The Department of Justice works every day to thwart terrorist threats to the United States," said Acting Attorney General Whitaker. "The defendants in this case acted with clear premeditation in an attempt to kill innocent people on the basis of their religion and national origin. That's not just illegal—it's morally repugnant. Today's sentence is a significant victory against hate crimes and domestic terrorism, and I want to thank everyone who helped bring the defendants to justice—the dedicated professionals with the FBI, the United States Attorney's Office in Kansas, the Civil Rights Division, the National Security Division, and our state and local law enforcement partners. Law enforcement saved lives in this case."
“These defendants planned to ruthlessly bomb an apartment complex and kill innocent people, simply because of who they are and how they worship," said FBI Director Wray. “Today, together with our law enforcement partners, we reaffirm our commitment to protecting all people in our communities from those who seek to terrorize and do harm."
“Some people have described this prosecution as a civil rights case, a domestic terrorism case or even a violent crime case,” said U.S. Attorney Stephen McAllister of the District of Kansas. “However you look at it, it is a violation of everything we stand for in America, equal rights, public safety and respect for law.”
“Today's sentencing speaks to the FBI's commitment to protect the communities we serve and our continued obligation to disrupt plots where the intent is to commit violence and harm others,” said Darrin Jones, Special Agent in Charge of the FBI Kansas City Division. “This sentencing highlights the gravity of these crimes, and that actions motivated by hatred will not be tolerated. The FBI, with our law enforcement partners will continue to work aggressively to ensure those responsible are brought to justice."
On April 18, 2018 after a five-week trial, a federal jury convicted Patrick Eugene Stein, 49, of Wright, Kansas, Curtis Allen, 51, of Liberal, Kansas, and Gavin Wright, 53, of Beaver County, Oklahoma, on one count of conspiracy to use a weapon of mass destruction and one count of conspiracy to violate the housing rights of their intended victims. Both conspiracies stemmed from the defendants’ plot to blow up the apartment complex in an effort to kill the Somali Muslim immigrants who lived there. The jury also convicted defendant Wright of lying to the FBI in matter involving domestic terrorism.
Evidence presented at trial revealed that the defendants plotted, over the course of several months, to attack an apartment complex that contained a mosque in Garden City, Kansas, where Muslim immigrants from Somalia lived and worshipped. Evidence during trial established that the defendants held numerous meetings to plan the attack and took significant steps – including making and testing explosives – toward implementing their plan. During an eight-month-long FBI investigation, a confidential source, whom the government credited for thwarting the attack and saving the lives of innocent victims, recorded numerous conversations during which the defendants discussed and refined their plan. As the plan solidified, the defendants discussed obtaining four vehicles, filling them with explosives, and parking them at the four corners of the apartment complex to create an explosion that would be sure to level the building and kill its occupants.
During the course of the investigation, defendant Stein also met with an undercover FBI agent posing as a black market arms dealer, in an effort to obtain a bomb. During one of the meetings, Stein drove with the agent to see the apartment building that the defendants were planning to destroy.
Curtis Allen was sentenced to 25 years. Gavin Wright was sentenced to 26 years. Patrick Stein was sentenced to 30 years.
Whitaker, McAllister, Wray, Dreiband, Demers, and Jones commended the following law enforcement agencies and prosecutors for their exceptional and exemplary efforts investigating and prosecuting this important case: the FBI, the Liberal Police Department, the Seward County Sheriff’s Office, the Ford County Sheriff’s Office, the Garden City Police Department, the Dodge City Police Department, the Finney County Sheriff’s Office, the Kansas Highway Patrol, the Kansas Bureau of Investigation, the United States Attorney’s Office, and the Department of Justice’s Civil Rights Division and National Security Division.
The case was tried by Assistant U.S. Attorney Tony Mattivi and Trial Attorneys Risa Berkower and Mary J. Hahn of the Civil Rights Division and supported by Trial Attorney David Cora of the National Security Division’s Counterterrorism Section and Appellate Attorney Danielle Tarin of the Office of Law and Policy.
Three Southwest Kansas Men Sentenced to Prison for Plotting to Bomb Somali Immigrants in Garden CityRead the Press Release
Three men from southwest Kansas were sentenced to 25, 26 and 30 years imprisonment on charges of conspiring to detonate a bomb at an apartment complex in Garden Citywhere Muslim immigrants lived, announced Acting Attorney General Matthew Whitaker; United States Attorney for the District of Kansas Stephen McAllister; FBI Director Chris Wray; Assistant Attorney General for the Civil Rights Division Eric Dreiband; Assistant Attorney General for the National Security Division John C. Demers; and FBI Kansas City Division Special Agent in Charge Darrin E. Jones.
“The Department of Justice works every day to thwart terrorist threats to the United States," said Acting Attorney General Whitaker. "The defendants in this case acted with clear premeditation in an attempt to kill innocent people on the basis of their religion and national origin. That's not just illegal—it's morally repugnant. Today's sentence is a significant victory against hate crimes and domestic terrorism, and I want to thank everyone who helped bring the defendants to justice—the dedicated professionals with the FBI, the United States Attorney's Office in Kansas, the Civil Rights Division, the National Security Division, and our state and local law enforcement partners. Law enforcement saved lives in this case."
“These defendants planned to ruthlessly bomb an apartment complex and kill innocent people, simply because of who they are and how they worship," said FBI Director Wray. “Today, together with our law enforcement partners, we reaffirm our commitment to protecting all people in our communities from those who seek to terrorize and do harm."
“Some people have described this prosecution as a civil rights case, a domestic terrorism case or even a violent crime case,” said U.S. Attorney Stephen McAllister of the District of Kansas. “However you look at it, it is a violation of everything we stand for in America, equal rights, public safety and respect for law.”
“Today's sentencing speaks to the FBI's commitment to protect the communities we serve and our continued obligation to disrupt plots where the intent is to commit violence and harm others,” said Darrin Jones, Special Agent in Charge of the FBI Kansas City Division. “This sentencing highlights the gravity of these crimes, and that actions motivated by hatred will not be tolerated. The FBI, with our law enforcement partners will continue to work aggressively to ensure those responsible are brought to justice."
On April 18, 2018 after a five-week trial, a federal jury convicted Patrick Eugene Stein, 49, of Wright, Kansas, Curtis Allen, 51, of Liberal, Kansas, and Gavin Wright, 53, of Beaver County, Oklahoma, on one count of conspiracy to use a weapon of mass destruction and one count of conspiracy to violate the housing rights of their intended victims. Both conspiracies stemmed from the defendants’ plot to blow up the apartment complex in an effort to kill the Somali Muslim immigrants who lived there. The jury also convicted defendant Wright of lying to the FBI in matter involving domestic terrorism.
Evidence presented at trial revealed that the defendants plotted, over the course of several months, to attack an apartment complex that contained a mosque in Garden City, Kansas, where Muslim immigrants from Somalia lived and worshipped. Evidence during trial established that the defendants held numerous meetings to plan the attack and took significant steps – including making and testing explosives – toward implementing their plan. During an eight-month-long FBI investigation, a confidential source, whom the government credited for thwarting the attack and saving the lives of innocent victims, recorded numerous conversations during which the defendants discussed and refined their plan. As the plan solidified, the defendants discussed obtaining four vehicles, filling them with explosives, and parking them at the four corners of the apartment complex to create an explosion that would be sure to level the building and kill its occupants.
During the course of the investigation, defendant Stein also met with an undercover FBI agent posing as a black market arms dealer, in an effort to obtain a bomb. During one of the meetings, Stein drove with the agent to see the apartment building that the defendants were planning to destroy.
Curtis Allen was sentenced to 25 years. Gavin Wright was sentenced to 26 years. Patrick Stein was sentenced to 30 years.
Whitaker, McAllister, Wray, Dreiband, Demers, and Jones commended the following law enforcement agencies and prosecutors for their exceptional and exemplary efforts investigating and prosecuting this important case: the FBI, the Liberal Police Department, the Seward County Sheriff’s Office, the Ford County Sheriff’s Office, the Garden City Police Department, the Dodge City Police Department, the Finney County Sheriff’s Office, the Kansas Highway Patrol, the Kansas Bureau of Investigation, the United States Attorney’s Office, and the Department of Justice’s Civil Rights Division and National Security Division.
The case was tried by Assistant U.S. Attorney Tony Mattivi and Trial Attorneys Risa Berkower and Mary J. Hahn of the Civil Rights Division and supported by Trial Attorney David Cora of the National Security Division’s Counterterrorism Section and Appellate Attorney Danielle Tarin of the Office of Law and Policy.
For more information about DOJ’s work to combat and prevent hate crimes, visit www.justice.gov/hatecrimes: a one-stop portal with links to DOJ hate crimes resources for law enforcement, media, researchers, victims, advocacy groups, and other organizations and individuals.
Texas Man Arrested for Attempting to Provide Material Support to a Designated Foreign Terrorist OrganizationRead the Press Release
A former Sugar Land, Texas, resident has been arrested and detained for attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), announced Assistant Attorney General for National Security John C. Demers, U.S. Attorney Ryan K. Patrick and Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office.
A federal grand jury returned a sealed indictment against Warren Christopher Clark, 34, on Jan. 23, 2019. It was unsealed today following his initial appearance in federal court before U.S. Magistrate Judge Peter Bray in Houston.
Clark was captured in Syria by the Syrian Democratic Forces, transferred to U.S. law enforcement custody this week and arrived yesterday in the Southern District of Texas.
"The arm of American Justice has a lengthy reach,” said Patrick. “The number one priority of the Southern District of Texas, along with the FBI and our other national security partners, is to keep America safe. The protection of life is the most sacred job law enforcement has."
Clark is charged with attempting to provide himself as material support to ISIS, which the Secretary of State designated as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.
“The FBI continues to aggressively pursue individuals who attempt to join the ranks of ISIS’s foreign fighters or try to provide support for other terrorist organizations. This fight against terrorism is not one we can combat alone,” said Turner. “The FBI relies on our domestic counterparts and foreign law enforcement agencies, as well as the public. Anyone who has information about individuals who have traveled or are planning to travel overseas to support terrorist groups should report it immediately to their local FBI office.”
The charged material support violation carries a possible penalty of up to 20 years in federal prison and a maximum $250,000 fine, upon conviction.
The FBI Joint Terrorism Task Force and police departments in Houston and Sugar Land conducted the investigation. Assistant U.S. Attorneys Stephen Mark McIntyre and Craig M. Feazel and Trial Attorney Michael J. Dittoe of the Justice Department’s Counterterrorism Section are prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
Randolph County man admits to role in methamphetamine distribution operationRead the Press Release
ELKINS, WEST VIRGINIA – Phillip Grant Boyles, of Kerens, West Virginia, has admitted to his role in a methamphetamine distribution operation, United States Attorney Bill Powell announced.
Boyles, age 32, pled guilty to one count of “Conspiracy to Distribute Methamphetamine.” Boyles admitted to conspiring with others to distribute methamphetamine from December 2017 to March 2018 in Tucker and Randolph Counties.
Boyles faces not less than five years and no more than 20 years incarceration and a fine of up to $5,000,000. 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 Brandon S. Flower is prosecuting the case on behalf of the government. The Mountain Region Drug & Violent Crimes Task Force investigated.U.S. Magistrate Judge Michael John Aloi presided.
NYPD Detective Pleads Guilty to Bank FraudRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that MICHAEL BONANNO, a New York City Police Department (“NYPD”) detective, pled guilty today to his role in a bank fraud scheme that used stolen checks and bank account numbers from New York-based victims. BONANNO pled guilty to one count of bank fraud and one count of conspiracy to commit bank fraud before U.S. District Judge Paul G. Gardephe. Bonanno’s co-conspirator, Domenic Aiello, previously pled guilty before Magistrate Judge Debra Freeman on January 4, 2019.
U.S. Attorney Geoffrey S. Berman said: “Instead of upholding his duty to investigate and enforce the law, Michael Bonanno, who was at the time a detective in the NYPD’s Crime Stoppers unit, broke the law by brazenly attempting to swindle hundreds of thousands of dollars from residents of New York. I commend the FBI and the Internal Affairs Bureau of the NYPD for their outstanding work in this investigation.”
According to the Information and Complaint filed in this case, other public filings, and statements made during the plea proceeding:
BONANNO is an NYPD detective and was a member of the NYPD Crime Stoppers unit, which receives and investigates anonymous tips about criminal activity from members of the community.
From November 2016 to March 2017, BONANNO and Aiello stole and attempted to steal hundreds of thousands of dollars from the bank accounts of multiple New York residents in two ways. First, on over 20 occasions, BONANNO and Aiello made payments on BONANNO’s mortgage and credit card bills using stolen account information from various victims. Second, on at least 15 occasions, BONANNO and Aiello attempted to deposit fraudulent and stolen checks in BONANNO’s bank accounts.
* * *
BONANNO, 44, who resides in Staten Island, New York, pled guilty to one count of bank fraud and one count of conspiracy to commit bank fraud. Each count carries a maximum term of 30 years in prison. BONANNO is scheduled to be sentenced by Judge Gardephe on April 26, 2019. The maximum potential penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the investigative work of the Federal Bureau of Investigation and the Internal Affairs Bureau of the NYPD in this investigation.
This case is being handled by the Office’s Public Corruption Unit. Assistant U.S. Attorneys Nicolas Roos and Danielle R. Sassoon are in charge of the prosecution.
Moroccan Man Sentenced to Prison for Assault on Federal OfficersRead the Press Release
ALEXANDRIA, Va. – A Moroccan man was sentenced today to 5 years in prison for assaulting federal law enforcement officers and failing to depart the United States.
According to court documents, Zakaria Taoufik, 40, staged a violent outburst on a Royal Maroc passenger flight at Dulles International Airport as ICE officers attempted to execute his lawful removal to Morocco. Taoufik was being deported following of an aggravated felony conviction. Once aboard the aircraft, Taoufik screamed threats and obscenities, and repeatedly slammed his head into the on-board entertainment screen in front of him until it shattered. He assaulted the ICE officers escorting him, attempting to head-butt and bite them. He spat deliberately into the face of one of the officers, hitting him in the eye and also hitting another officer in the eye. Taoufik knew that he had an infectious disease at the time he spit at and attempted to bite the officers. As a result of his highly disruptive conduct, the captain ordered him off the plane. This was Taoufik’s second successful attempt to prevent his removal, as he previously foiled an earlier attempt to remove him from Atlanta in October 2017.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, made the announcement after sentencing by Senior U.S. District Judge Claude M. Hilton. Special Assistant U.S. Attorney Matthew Reilly and Assistant U.S. Attorney Grace Hill prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-73.
Meth Conspiracy Sends Richland County Man to Prison for More Than 20 YearsRead the Press Release
Justin R. Mason, 35, of Olney, Illinois, has been sentenced to 262 months in federal prison on methamphetamine-related charges, Steven D. Weinhoeft, United States Attorney for the Southern District of Illinois, announced today.
Mason previously pleaded guilty to a one-count federal indictment charging him with conspiracy to distribute 50 grams or more of methamphetamine (Ice) or 500 grams or more of a mixture and substance containing methamphetamine. The conspiracy occurred between August 2017 and March 2018, in Richland County and elsewhere.
Two other Olney residents were also indicted with Mason. Brianna N. Bare, 26, and Harvey L. Ireland, 35, have both pleaded guilty to their role in the charged conspiracy. Bare also pleaded guilty to two counts of meth distribution and was sentenced on December 27, 2018, to 87 months imprisonment. Ireland is scheduled to be sentenced on February 13, 2019.
The investigation in this case was conducted by the Richland County Sheriff’s Office.
McNairy County Man Sentenced to 300 Months for Drug Conspiracy, Being a Felon in Possession of Firearms, and Possessing Firearms in Furtherance of Drug Trafficking OffensesRead the Press Release
Memphis, TN – Joshua Tucker, 30, of Selmer, TN has been sentenced to a total of 300 months in the Federal Bureau of Prisons for conspiring to distribute and distributing actual methamphetamine, and being a felon in possession of firearms in furtherance of drug trafficking crimes. D. Michael Dunavant, United States Attorney for the Western District of Tennessee announced the sentence today.
According to the information presented in court, Joshua Tucker was a member of a drug conspiracy operating throughout West Tennessee from October 2016 to April 2017. The investigation led to the federal prosecution of Tucker, along with eleven other co-conspirators, who sold large amounts of methamphetamine at various locations throughout West Tennessee, including Bath Springs, Lexington, Parsons, Selmer, Reagan, Lutts, and Milledgeville and Iuka, MS.
Tucker’s conviction and 25 year sentence results from an extensive investigation by federal, state and local law enforcement officials into a drug trafficking organization involving co-defendant Kevin Smith and his associates, including Joshua Tucker. Agents with the Drug Enforcement Administration (DEA), Tennessee Bureau of Investigation (TBI), West Tennessee 24th Judicial District Drug and Violent Crime Task Force, and Tennessee Highway Patrol (THP) conducted a yearlong investigation and utilized various investigation strategies to determine that Tucker had sold over two kilograms of actual methamphetamine (ICE) to co-conspirators who resold the ICE between December 2016 and April 2017.
The investigation further revealed that Tucker, a convicted felon, possessed firearms in furtherance of his drug trafficking. On April 27, 2017, investigators with McNairy County Counter-Drug Unit and Selmer Police Department executed a probation search at Tuckers home. During the search, officers located an AR-15 style rifle along with a 9 mm pistol in Tuckers bedroom. Officers located approximately 20 grams of ICE packaged for resale in a safe containing two digital scales and $5,677.75. In the same room, officers located drugparaphernalia including boxes of plastic baggies and pipes as well as .223 and 9mm ammunition. Investigators also seized five vehicles. After searching the vehicles, officers located over 400 grams of methamphetamine inside a container under the driver seat of one of the cars.
U.S. Attorney Dunavant said, "Armed Drug Trafficking Organizations will NOT continue to endanger our communities in West Tennessee with impunity. We use all available law enforcement and prosecutorial resources to pursue, disrupt and dismantle groups and conspiracies that are most responsible for the illegal sale of this poison to our citizens, and to remove dangerous offenders with firearms from our streets. This defendant and his co-conspirators have sowed addiction, pain, and destruction into our communities, and now they will reap a long prison sentence as a consequence."
"The DEA and our law enforcement partners are committed to ridding our communities of those who wish to do harm through the trafficking of dangerous drugs," said D. Christopher Evans, Special Agent In Charge of DEA’s Louisville Field Division, which oversees the agency’s operations in Tennessee. "Mr. Tucker and those like him should expect to meet the full weight of the criminal justice system," Evans added.
Tucker was originally charged with several offenses, including:
• conspiracy to possess with the intent to distribute 50 grams or more of actual methamphetamine;
• aiding and abetting each other to possess with the intent to distribute 50 grams or more of actual methamphetamine;
• knowingly possessing with intent to distribute 50 grams or more of actual methamphetamine;
• being a felon in possession of an AR-15 style rifle;
• being a felon in possession of a 9 mm pistol;
• possessing the AR-15 style rifle in furtherance of a drug trafficking offense; and
• possessing the 9 mm pistol in furtherance of a drug trafficking offense.
After a four-day jury trial in September, 2018, the defendant was found guilty as charged in each count.
On January 24, 2019, Chief U.S. District Court Judge S. Thomas Anderson sentenced Tucker to 240 months for the conspiracy to distribute and distributing actual methamphetamine; 120 months concurrent sentence for being a felon in possession of firearms; and 60 months mandatory consecutive sentence for possession of firearms in furtherance of drug trafficking offenses, for an overall total sentence of 300 months (25 years). Tucker was also sentenced to supervised release for a period of 5 years.
The case was investigated by the Drug Enforcement Administration (DEA), Tennessee Bureau of Investigation (TBI), West Tennessee 24th Judicial District Drug and Violent Crime Task Force, and Tennessee Highway Patrol (THP), along with McNairy County Counter-Drug Unit and Selmer Police Department.
Assistant United States Attorney Hillary Parham prosecuted this case on the government’s behalf.
Man Sentenced to Prison for Four Bank RobberiesRead the Press Release
NORFOLK, Va. – A Virginia Beach man was sentenced today to nine years in prison for robbing three banks and one credit union.
According to court documents, between November 2017 and April 2018, Rian Michael Lopez robbed three banks in Virginia Beach and a credit union in Chesapeake. Lopez would enter the banks or credit union brandishing what appeared to be a firearm while demanding money. The total amount taken from all the robberies was approximately $35,000. The robbery spree came to an end when an alert Virginia Beach police officer spotted Lopez casing out another bank in an automobile linked to the previous robberies. Lopez has previously served time for a 2010 federal bank robbery conviction in South Carolina.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after sentencing by United States District Court Judge Rebecca Beach Smith. Assistant U.S. Attorney William D. Muhr prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-135.
Las Vegas, NV, Man Sentenced to 45 Years for Offenses Involving Transportation of a One-Year-Old Child for the Purpose of Sexual AbuseRead the Press Release
FARGO – United States Attorney Christopher C. Myers announced that on January 25, 2019, Chief United States District Court Judge Daniel L. Hovland, sentenced Bryan James Hogle, age 43, Las Vegas, NV, to serve 45 years in prison, followed by a lifetime of supervised release for the charges of Conspiracy to Transport a Minor, and Coercion and Enticement. Hogle was further ordered to pay restitution in the amount of $12,640 to the victim and $200 in special assessments to the Crime Victims’ Fund. Hogle has a prior conviction for sexually abusing a child in New Hampshire in 2008.
This case was brought to the attention of law enforcement after Dustin W. Kewley, Fargo, ND began communicating with an undercover officer from the Metropolitan Police Department – FBI Child Exploitation Task Force in Washington, DC. During the investigation of Kewley and subsequent forensic examination of his computer and cell phone, it was determined there were text conversations between Hogle and Kewley, wherein they discussed in horrific detail their plan to meet for the purpose of sexually abusing a one-year-old child.
On May 22, 2017, Kewley transported the one-year-old child from Fargo, North Dakota, to Moorhead, Minnesota, to meet Hogle, who traveled from Las Vegas, Nevada, the previous day. The two men met at a hotel in Moorhead where together they sexually abused the child. Kewley and Hogle subsequently took steps to conceal their crime such as deleting their communications and bathing the child.
On January 8, 2019, Kewley was sentenced to serve 35 years in prison, followed by a lifetime of supervised release for the charges of Conspiracy to Transport a Minor, Transportation of a Minor, Distribution of Materials Containing Child Pornography, and Possession of Materials Containing Child Pornography.
This case was investigated by the North Dakota Bureau of Criminal Investigation; Federal Bureau of Investigations; Homeland Security Investigations; and FBI Child Exploitation Task Force.
Assistant United States Attorney Jennifer Puhl prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by U.S. Attorney’s Offices throughout the nation, Project Safe Childhood, in conjunction with Internet Crimes Against Children Task Force (ICAC), help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems, or computer technology to sexually exploit children. The ICAC Program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations, and criminal prosecutions. Project Safe Childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Internet Stalker Sentenced to More than 14 Years in Federal PrisonRead the Press Release
DENVER – Eric Ronald Bolduan of Rochester, Minnesota was sentenced to 171 months in federal prison for stalking and making interstate threats against college students, U.S. Attorney Jason R. Dunn and FBI Denver Special Agent in Charge Dean Phillips announced. United States District Court Judge Christine Arguello entered the sentence against Bolduan on January 24, 2019. Bolduan was remanded into the custody of the United States Marshals. After serving his sentence, Bolduan is required to register as a sex offender.
Bolduan pled guilty without a plea agreement on September 6, 2018, to stalking and making interstate threats. According to facts relied upon during sentencing, including a statement of facts filed with the Court, Bolduan sent emails and text messages to a female student at the University of Colorado, threatening to kill her and her sister. He then posted pictures of the victim’s face on pornography websites, listing her actual contact information. His posts included pornographic pictures of women that were not the victim, but resembled her. Bolduan then sent messages to the victim, stating his intent to spend his free time “hunting you!” He wrote: “I will find you and watch you – sticking to the shadows, learning your patterns. When the time is right I will strike…”
The investigation revealed that Bolduan sent similar emails, text messages, and posts to a total of four victims in Colorado, but also to other victims at universities and high schools across the country. The defendant used an “anonymizer” which prevented his victims from learning his actual name or from knowing from where the threatening emails, text messages, or posts were coming. The messages were sent not only to female victims, but also to other students, friends, and family members.
“The victims in this case experienced real and profound suffering because of the acts of this defendant,” said United States Attorney Jason Dunn. “It’s possible that more young women have been victimized but just haven’t been able to identify their assailant. We encourage anyone who has experienced this kind of threat to call the FBI.”
“Eric Bolduan’s sentence illustrates the FBI’s commitment to protecting our communities,” said FBI Denver Special Agent in Charge Dean Phillips. “The FBI will continue to work diligently with our law enforcement partners and the United States Attorney’s Office to investigate and prosecute cases involving online threats and attempts to victimize innocent citizens through the Internet.”
Individuals who believe they may be victims are encouraged to contact the FBI at the following number: (303) 629-7171 (Option 1)
This case was investigated by the Denver Division of the Federal Bureau of Investigation together with the University of Colorado and Boulder Police Departments. Assistant United States Attorney Valeria Spencer is handling this prosecution.
CASE NUMBER: 17-cr-0384-CMA
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Honolulu Woman Sentenced to Prison for Bank Fraud and Identity Theft OffensesRead the Press Release
HONOLULU – Kathy Funtila, 46, a resident of Honolulu, Hawaii, was sentenced yesterday to 119 months in federal prison for defrauding multiple Oahu businesses of $558,633.71 over the course of 5 years.
According to information presented in court, Funtila pled guilty in August 2018 to bank fraud and identity theft offenses that occurred while she was an accounting manager for two Oahu businesses: SMAC Hawaii (SMAC) and Pacific Rim Defense, LLC (PRD). While employed as the accounting manager at SMAC, Funtila submitted false documents to Hawaii National Bank to obtain withdrawals from SMAC’s lines of credit with Hawaii National Bank. On multiple occasions, Funtila submitted draw request forms to Hawaii National Bank that purported to be signed by the owner of SMAC. In reality, the draw request forms were not signed or approved by the owner of SMAC and contained signatures of the owner that Funtila knew had been copied from another document. After Hawaii National Bank processed the draw requests, it then transferred funds from Hawaii National Bank to a bank account controlled by SMAC. Funtila then embezzled money from SMAC’s bank accounts. While she was the accounting manager at PRD, Funtila made unauthorized charges on her company credit card and misrepresented the purpose for which the credit card charges were being made in PRD’s accounting records. Funtila also used another employee’s company credit card, without their permission, to book a $1,707 stay at the Waikiki Shore resort for one of her family members.
U.S. District Judge Leslie E. Kobayashi imposed a 119 month sentence, noting that Funtila’s conduct was egregious, repetitive, and had a devastating impact on the owners of SMAC. Funtila was also ordered to pay restitution of $115,362.25, and to serve a 5 year term of supervision following her release.
The case was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorney Michael Nammar.
Fort Bend County Man Arrested for Attempting to Provide Material Support to a Designated Foreign Terrorist OrganizationRead the Press Release
HOUSTON – A former Sugar Land resident has been arrested and detained for attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), announced U.S. Attorney Ryan K. Patrick, Assistant Attorney General for National Security John Demers and Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office.
A federal grand jury returned a sealed indictment against Warren Christopher Clark, 34, Jan. 23, 2019. It was unsealed today following his initial appearance in federal court before U.S. Magistrate Judge Peter Bray in Houston. He is set for a detention hearing Wednesday.
Clark was captured in Syria by the Syrian Democratic Forces, transferred to U.S. law enforcement custody this week and arrived yesterday in the Southern District of Texas.
"The arm of American Justice has a lengthy reach,” said Patrick. “The number one priority of the Southern District of Texas, along with the FBI and our other national security partners, is to keep America safe. The protection of life is the most sacred job law enforcement has."
Clark is charged with attempting to provide himself as material support to ISIS, which the Secretary of State designated as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.
“The FBI continues to aggressively pursue individuals who attempt to join the ranks of ISIS’s foreign fighters or try to provide support for other terrorist organizations. This fight against terrorism is not one we can combat alone,” said Turner. “The FBI relies on our domestic counterparts and foreign law enforcement agencies, as well as the public. Anyone who has information about individuals who have traveled or are planning to travel overseas to support terrorist groups should report it immediately to their local FBI office.”
The charged material support violation carries a possible penalty of up to 20 years in federal prison and a maximum $250,000 fine, upon conviction.
The FBI Joint Terrorism Task Force and police departments in Houston and Sugar Land conducted the investigation. Assistant U.S. Attorneys Stephen Mark McIntyre and Craig M. Feazel and Trial Attorney Michael J. Dittoe of the Justice Department’s Counterterrorism Section are prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Former Greenville Inmate Will Remain Behind Bars After Shanking ConvictionRead the Press Release
The federal prison sentence for Detrick L. Layfield just got a lot longer. The 40-year-old inmate has been sentenced to nearly eight more years in custody for assaulting another prisoner with a makeshift weapon at the federal correctional institution in Greenville, Illinois. The 92-month sentence Layfield received this week was ordered to run consecutively to the 110-month sentence he was already serving on a firearms conviction he sustained in the Western District of Kentucky. Layfield had been scheduled for release in July 2019 before the attack.
In October 2017, Layfield was charged in the Southern District of Illinois with the prison assault, possession of contraband by a federal inmate, and attempted obstruction of justice. A federal jury in East St. Louis, Illinois, convicted him on all three charges after a two-day trial last September.
The evidence at trial established that, on September 1, 2017, Layfield was being housed at FCI-Greenville when he assaulted the victim – a fellow inmate identified in court documents only as "S.D." – with a sharp, improvised weapon known as a "shank." The attack was purportedly motivated by the fact that S.D. had been telling other inmates that Layfield did not pay his debts. A portion of the assault was caught on videotape and shown to the jury during the trial. Immediately after the attack, Layfield asked two other inmates to help him hide the weapon. One of the inmates went to the laundry room and hid the shank in a dryer. The weapon was later found after the two men were questioned and confessed their role in the attempted cover up. Shanks and other weapons are considered prison contraband, possession of which constitutes a separate offense.
The case was investigated by the Bureau of Prisons’ Special Investigations Section and the Federal Bureau of Investigation. The prosecution was handled by Assistant United States Attorney Angela Scott.
Federal Inmate Sentenced to over 6 Years in Prison for Vicious AssaultRead the Press Release
Jackson, Miss. – Curtis Pixley, 39, of Washington, D.C., was sentenced today by United States District Judge Daniel P. Jordan III to 78 months in prison for intentionally assaulting another person, and 60 months for possessing a shank in prison, announced U.S. Attorney Mike Hurst. The sentences will run concurrently.
On September 7, 2017, Pixley, a federal prisoner at the federal penitentiary in Yazoo City, Mississippi, retrieved a 9-inch shank from his cell, walked to a table where prisoners were seated and, as another prisoner got up from the table, began stabbing the victim repeatedly.
Pixley pled guilty on October 17, 2018 to a Criminal Information charging him with intentionally assaulting another person and possessing a shank in prison.
The maximum penalty for intentionally assaulting another person in prison is 10 years in prison and a $250,000 fine. The maximum penalty for possession of a shank in prison is 5 years in prison and a $250,000 fine.
The case was investigated by the Federal Bureau of Prisons.
Alton Man Admits to Producing, Distributing Child PornographyRead the Press Release
Travis J. Varble, 42, of Alton, Illinois, has pleaded guilty to producing and distributing child pornography using a minor identified in court documents as "K.M." The offenses were committed between December 2012 and December 2013 in Madison County, Illinois. Varble is currently in state custody at the Danville Correctional Center serving a 17-year sentence for predatory criminal sexual assault and aggravated criminal sexual abuse of a minor under 13 years old.
According to the stipulation of facts agreed to by the parties, on at least two occasions, Varble employed, persuaded, induced, enticed, or coerced K.M. to engage in sexually explicit conduct for the purpose of producing a visual depiction of that conduct. Varble then streamed the two explicit videos of K.M. over the internet to another individual.
Varble’s sentencing is scheduled for April 25, 2019, in Benton, Illinois. He faces 15 to 30 years in prison on counts one and two (production of child pornography), and 5 to 20 years on count three (the distribution charge). All three counts also carry a fine of up to $250,000, and the possibility of a lifetime term of supervised release.
The case was investigated by the Department of Homeland Security, Homeland Security Investigations. Assistant United States Attorney Angela Scott is prosecuting the case.
24 January 2019
Two Illinois Men Plead Guilty to Bombing of Islamic CenterRead the Press Release
Michael McWhorter, 29, and Joe Morris, 23, both of Clarence, Illinois, pleaded guilty today to multiple charges including federal civil rights charges in United States District Court in St. Paul, Minnesota.
United States Attorney for the District of Minnesota Erica H. MacDonald; United States Attorney for the Central District of Illinois John C. Milhiser; Assistant Attorney General for Civil Rights Eric S. Dreiband; and Jill Sanborn, Special Agent in Charge of the FBI's Minneapolis Division, announced today’s guilty pleas.
“The defendants engaged in a violent multi-state crime spree that terrorized communities, including members of the Dar al-Farooq Islamic Center in Minnesota. The defendants’ criminal acts are reprehensible and antithetical to our values as a nation. Every individual has the fundamental right to live life free from the threat of violence and discrimination, no matter who they are, what they believe, or where they worship,” said United States Attorney Erica H. MacDonald. “The dedication and collaboration of our law enforcement partners across several jurisdictions to bring these defendants to justice is a powerful example of our unwavering devotion to seek justice for all victims, and to prosecute to the fullest extent of the law any individual or group that seeks to threaten another’s civil rights through the commission of such vile hate crimes.”
"We will continue to work with our federal and state partners to identify and prosecute dangerous and radical groups that choose to terrorize our communities,” said United States Attorney John C. Milhiser.
"All people are entitled to live free from violence and fear, regardless of their religion or place of worship," said Assistant Attorney General Eric Dreiband of the Civil Rights Division. "The Justice Department is committed to holding hate crimes perpetrators accountable under the law for their dangerous and criminal actions against innocent community members."
“This crime was not only an attack on the intended target, it was meant to threaten and intimidate an entire community. Because of that wide-ranging impact, investigating this crime and others like it are high priority for the FBI,” said Jill Sanborn, Special Agent in Charge of the FBI Minneapolis Division. “The FBI is charged with protecting civil rights and our agents in both the Minneapolis and Springfield field offices in conjunction with the Joint Terrorism Task Force swiftly investigated this case side by side with the ATF, the Bloomington Police Department and other law enforcement partners with one singular goal – to bring the bombers to justice and most importantly to help the Dar al-Farooq community begin to feel safe and secure once again.”
Defendants McWhorter and Morris pleaded guilty in the District of Minnesota to federal charges that originated in both the District of Minnesota and the Central District of Illinois. The pleas to the charges originating in the Central District of Illinois were entered in Minnesota pursuant to Federal Rule of Criminal Procedure 20, which allows for the transfer of charges for the entry of guilty pleas and the imposition of sentence. McWhorter, Morris, and co-defendant Michael Hari, 47, were federally indicted on possession of a machine gun; conspiracy to interfere with commerce by threats and violence (the Hobbs Act); and attempted arson, via a superseding indictment on May 2, 2018, in the Central District of Illinois. McWhorter, Morris, and Hari were indicted in the District of Minnesota on June 21, 2018, with federal civil rights charges, and possession and use of a destructive device in furtherance of a federal crime of violence.
McWhorter and Morris entered their guilty pleas earlier today before U.S. District Court Senior Judge Donovan Frank. Defendant Hari remains in custody in the Central District of Illinois.[1]
According to McWhorter’s and Morris’ guilty pleas, during the summer of 2017, Michael Hari started a militia group in central Illinois, which was eventually called the “White Rabbits,” and which defendants McWhorter and Morris, together with others, joined.
According to McWhorter’s and Morris’ guilty pleas and documents filed in court, on August 4 and 5, 2017, McWhorter, Morris, and Hari drove in a rented truck from central Illinois to the Dar al-Farooq (“DAF”) Islamic Center in Bloomington, Minnesota, leaving their mobile phones in Illinois and avoiding toll roads in an attempt to remain undetected. The defendants stopped along the way to purchase diesel fuel and gasoline, which Hari mixed in a plastic container. About an hour outside of Minnesota, Hari disclosed to McWhorter and Morris that there was a pipe bomb in the truck (which had been created using previously purchased materials) and that they were going to bomb a mosque.
As admitted by McWhorter and Morris during their guilty plea hearings, the two, along with Hari, arrived at the DAF Islamic Center, at approximately five in the morning on August 5, 2017. Morris used a sledgehammer to break a window at the DAF Islamic Center and threw the plastic container containing the diesel fuel and gasoline mixture into the building. McWhorter then lit the fuse on the pipe bomb that Hari had built and threw the pipe bomb through the broken window at the DAF Islamic Center. According to the court documents, the window that was broken was part of the DAF Islamic Center Imam’s office. When the pipe bomb exploded, it ignited the mixture in the plastic container, causing extensive fire and smoke damage to the Imam’s office together with water damage caused when the building’s sprinkler system activated. McWhorter and Morris ran back to the truck, where Hari was waiting in the driver’s seat, and drove back to Illinois. At the time of the explosion, congregants were in the mosque for morning prayers, however, the Imam’s office was unoccupied and the bombing caused no fatalities or injuries.
According to their guilty pleas, Hari selected the DAF Islamic Center because it is an Islamic house of worship. McWhorter and Morris admitted that the bombing was an attempt to scare Muslims into believing they are not welcome in the United States, and should leave the country. The defendants also stated that the DAF Islamic Center was targeted, because they believed it was far enough away from central Illinois that the three thought it unlikely they would be suspected in the bombing.
As part of their guilty pleas, McWhorter and Morris admitted to participating in an armed home invasion in the town of Ambia, Indiana on December 16, 2017, where they, masquerading as police officers, carried firearms, including two that had been illegally converted into machine guns. McWhorter and Morris also conducted armed robberies of two Wal-Mart stores, along with co-defendant Hari, one in Watseka, Illinois, and one in Mt. Vernon, Illinois, on December 2, 2017 and December 17, 2017, respectively.
McWhorter and Morris also admitted that along with co-defendant Hari, they attempted to set on fire the Women’s Health Practice in Champaign, Illinois, on November 7, 2017. Morris admitted to breaking a window and placing an incendiary device in the Women’s Health Practice and to lighting a strip of magnesium that was being used as a fuse. However, the device did not ignite and was found on the floor by an employee of the Women’s Health Practice when the employee arrived to work that morning.
The Federal Bureau of Investigation is leading the investigation.
This case is being prosecuted by Assistant United States Attorneys John Docherty and Julie E. Allyn of the District of Minnesota, with assistance from Trial Attorney Timothy Visser of the Justice Department’s Civil Rights Division. The team also worked closely with Assistant United States Attorney Eugene Miller of the U.S. Attorney’s Office for the Central District of Illinois.
Defendant Information:
MICHAEL MCWHORTER, 29
Clarence, Ill.
Convicted:
- Intentionally Obstructing, and Attempting to Obstruct, by Force and the Threat of Force, the Free Exercise of Religious Beliefs, 1 count
- Carrying and Using a Destructive Device During and in Relation to Crimes of Violence, 1 count
- Possession of a Machine Gun, 1 count
- Conspiracy to Interfere with Commerce by Threats and Violence, 1 count
- Attempted Arson, 1 count
JOE MORRIS, 23
Clarence, Ill.
Convicted: - Intentionally Obstructing, and Attempting to Obstruct, by Force and the Threat of Force, the Free Exercise of Religious Beliefs, 1 count
- Carrying and Using a Destructive Device During and in Relation to Crimes of Violence, 1 count
- Possession of a Machine Gun, 1 count
- Conspiracy to Interfere with Commerce by Threats and Violence, 1 count
- Attempted Arson, 1 count
MICHAEL HARI, 47
Clarence, Ill.
Charges in the District of Minnesota: - Intentionally Defacing, Damaging, and Destroying any Religious Real Property Because of the Religious Character of that Property, 1 count
- Intentionally Obstructing, and Attempting to Obstruct, by Force and the Threat of Force, the Free Exercise of Religious Beliefs, 1 count
- Conspiracy to Commit Federal Felonies by Means of Fire and Explosives, 1 count
- Carrying and Using a Destructive Device During and in Relation to Crimes of Violence, 1 count
- Possession of an unregistered destructive device, 1 count
Charges in the Central District of Illinois[2]:
- Possession of a Machine Gun, 1 count
- Conspiracy to Interfere with Commerce by Threats and Violence, 1 count
- Attempted Arson, 1 count
- Possession of a firearm by a felon, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
[1] The charges against defendant Michael Hari are accusations, and he is presumed innocent unless and until proven guilty.
[2] Superseding Indictment Adds New Charges Against Four East Central Illinois Men
Two Belleville Women Indicted for Fraud for Purchasing New Automobiles in False NamesRead the Press Release
Yesterday, a federal grand jury for the Southern District of Illinois returned an indictment charging Tamecia C. Buckley, 36, of Belleville, Illinois, and Kyetia M. Hines, 36, also of Belleville, with conspiracy and wire fraud, announced Steven D. Weinhoeft, United States Attorney for the Southern District of Illinois. The charges arise from a scheme to purchase new automobiles in false names.
The indictment charges that in late October 2018, Buckley and Hines both submitted online credit applications under false names to Jansen Chevrolet in Germantown, Illinois. Then, on separate days, both Buckley and Hines went to Jansen Chevrolet and purchased new Chevy Malibus using those false names. For purposes of obtaining financing to purchase those cars, both Buckley and Hines provided the dealership with fraudulent documents containing the false names, including fake temporary Illinois driver’s licenses.
Both the charges of wire fraud and conspiracy to commit wire fraud carry maximum sentences of twenty years in prison and a fine of up to $250,000. The arraignments for both Buckley and Hines will be conducted on February 8, 2019, at 10:00 a.m. at the Federal Courthouse in East St. Louis, Illinois.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
The investigation was conducted by agents from the Federal Bureau of Investigation, Springfield Division, Fairview Heights Resident Agency, the Illinois Secretary of State Police, and the Germantown, Illinois, Police Department. The case is being prosecuted by Assistant United States Attorney Scott A. Verseman.
Six Individuals Charged with Conspiring to Traffic More Than $30 Million of Contraband CigarettesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Philip R. Bartlett, Inspector-in-Charge of the New York Office of the U.S. Postal Inspection Service (“USPIS”), Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), Matthew Modafferi, Special Agent in Charge, U.S. Postal Service, Office of Inspector General, Northeast Area Field Office (“USPS-OIG”), and Joseph Fucito, New York City Sheriff, announced today the unsealing of an Indictment in Manhattan federal court charging SHAO JUN GUO, JIAN JIANG FENG, YUE JUAN CHEN, ZHURONG GAO, SHUI YING LIN, and WO KIT CHENG with conspiring to traffic contraband cigarettes and trafficking contraband cigarettes. The defendants were arrested yesterday and will be presented before U.S. Magistrate Judge Robert W. Lehrburger today. The case is assigned to U.S. District Judge Jesse M. Furman. The defendants will be arraigned before Judge Furman on January 31, 2019, at 11:00 a.m.
As alleged in the Indictment, SHAO JUN GUO, JIAN JIANG FENG, YUE JUAN CHEN, ZHURONG GAO, SHUI YING LIN, and WO KIT CHENG conspired to traffic more than $30 million of contraband cigarettes to avoid approximately $30 million in taxes. The case is assigned to United States District Judge Jesse M. Furman.
U.S. Attorney Geoffrey S. Berman said: “As alleged, the defendants trafficked in massive quantities of contraband cigarettes, defrauding city, state, and federal governments of millions of dollars in tax revenue. That is lost tax revenue that would be used to fund research into cancer and other smoking-related illnesses, and to fund cessation and anti-smoking programs. These defendants’ alleged scheme to make millions, cheat taxing authorities, and deny funds for healthcare programs has gone up in smoke.”
USPIS Inspector-in-Charge Philip R. Bartlett said: “These defendants thought they could get away with their scheme to distribute contraband cigarettes, avoiding regulations put in place to protect the public, businesses and the City from fraud. Their illegal profit went up in smoke.”
HSI Special Agent-in-Charge Angel M. Melendez said: “For the past six years these defendants smuggled untaxed cigarettes into the United States causing lost revenue to the U.S. economy to the tune of $30 million dollars in unpaid taxes. Whether it be drugs, counterfeit goods or untaxed cigarettes, smuggling items into the United States is a crime that we at HSI take very seriously as we work every day to secure our borders.”
USPS-OIG Special Agent-in-Charge Matthew Modafferi said: “In certain instances, the Special Agents of the U.S. Postal Service, Office of Inspector General will work with their law enforcement partners to stop those who use the U.S. Mail to facilitate their crimes. We would like to thank the U.S. Attorney’s Office, USPIS, HSI, and New York City Sheriff’s Department for their collaborative efforts in developing this investigation.”
Sheriff Joseph Fucito said: “The alleged criminal conduct of the defendants deprives all New Yorkers of significant tax revenues. These lost revenues impact public safety, education, health, housing, and social services. The New York City DOF Sheriff’s Department will continue to investigate and pursue criminal conduct to ensure these invaluable services are sustained.”
According to the allegations in the Indictment unsealed today in Manhattan federal court[1]: From June 2013 through January 2019, the defendants engaged in a scheme to smuggle and traffic $30 million of untaxed cigarettes in the United States to avoid at least $30 million in taxes.
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SHAO JUN GUO, 42, of Brooklyn, New York, JIAN JIANG FENG of New York, New York, YUE JUAN CHEN, 41, of Bayside, New York, ZHURONG GAO, 66, of New York, New York, SHUI YING LIN, 43, of Brooklyn, New York, and WO KIT CHENG, 44, of Brooklyn, New York, have each been charged with one count of conspiracy to traffic contraband cigarettes, which carries a maximum prison term of five years; and one count of trafficking contraband cigarettes, which carries a maximum prison term of five years. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the USPIS, HSI, and the New York City Sheriff’s Department.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Ryan B. Finkel, Elizabeth Espinosa, and Andrew Chan are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Seven Indicted for Conspiring to Harbor and Conceal Man Accused of Killing Newman Police CorporalRead the Press Release
FRESNO, Calif. — A federal grand jury returned an indictment today against Erik Razo‑Quiroz, 29, of Merced; Adrian Virgen-Mendoza, 25, of Fairfield; Conrado Virgen‑Mendoza, 34, of Chowchilla; Erasmo Villegas-Suarez, 36, of Buttonwillow; Ana Leydi Cervantes-Sanchez, 31, of Newman; Bernabe Madrigal-Castaneda, 59, of Lamont; and Maria Luisa Moreno, 57, of Lamont, charging them with conspiring to harbor an alien, U.S. Attorney McGregor W. Scott and Homeland Security Investigations Special Agent in Charge Ryan Spradlin announced. In addition, Razo‑Quiroz is charged with being a felon in possession of a firearm and being an alien in possession of a firearm.
U.S. Attorney Scott stated: “Law enforcement agencies that are sworn to protect the public can accomplish their mission only when they have the active cooperation and support of the community they serve. Officers who serve our community put their lives on the line every day to protect us, and they deserve that cooperation and support. When individuals act to thwart law enforcement’s efforts, they undermine the safety of those officers and the public as a whole. Today’s indictment is a significant step toward holding accountable those who chose to harbor and conceal the man accused of killing a police officer in Newman, California, Corporal Ronil Singh.”
According to court documents, between December 26 and 28, the defendants conspired to harbor and conceal Gustavo Perez Arriaga, while he evaded capture for the alleged murder of Newman Police Corporal Ronil Singh. It is alleged that in the early hours of December 26, 2018, Arriaga, an alien not lawfully present in the United States, shot and killed Corporal Singh. Thereafter, the seven defendants helped conceal and harbor Arriaga, despite knowing that he had killed a police officer. The defendants transported, hosted, and provisioned Arriaga with clothes, money, and a new cellphone; concealed the truck that Arriaga was driving when he allegedly killed Corporal Singh; and made plans and wired money to smuggle Arriaga out of California and back to Mexico. Additionally, Razo-Quiroz, a convicted felon, disposed of the gun that Arriaga allegedly used to murder Corporal Singh.
This case is the product of an investigation led by Homeland Security Investigations and the Stanislaus County Sheriff’s Office with assistance by the Immigration and Customs Enforcement, Enforcement and Removal Operations; Central Valley High Intensity Drug Trafficking Area (HIDTA) task force; Southern Tri-County HIDTA; Bureau of Alcohol, Tobacco, Firearms, and Explosives; California Highway Patrol; the Sheriffs’ Offices for Kern, Merced, and Santa Cruz Counties; and the Police Departments for Merced, Turlock, Modesto, and Santa Cruz. Assistant U.S. Attorneys Karen A. Escobar and Laura D. Withers are prosecuting the case.
If convicted of the firearms offenses, Razo-Quiroz faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The conspiracy charge carries a maximum statutory penalty of five years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Memphis Man Sentenced to 151 Months in Prison for Selling Heroin and Other DrugsRead the Press Release
Memphis, TN – Antonio Rucker, 39, has been sentenced to 151 months in the Federal Bureau of Prisons for possession with intent to distribute 100 grams of heroin, 125 grams of cocaine, and over 100 oxycodone pills. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.
According to information presented in court, on March 15, 2018, the Memphis Police Department Organized Crime Unit stopped a vehicle for a traffic violation in Memphis. The driver of the vehicle was identified as Antonio Rucker. Officers immediately smelled marijuana upon approaching the vehicle. A further search of the vehicle revealed a box in the floorboard containing 100 grams of heroin, 125 grams of cocaine, and over 100 30 milligram oxycodone pills. Rucker was arrested and indicted for the above federal drug offenses.
At his change of plea hearing in October, Rucker admitted to possessing the heroin, cocaine, and oxycodone with the intent to distribute. Rucker was determined to be a career offender under the United States Sentencing Guidelines due to the fact that he had several prior felony drug convictions on his record. At the sentencing hearing before U.S. District Court Judge John T. Fowlkes, Jr., Rucker was sentenced to 151 months imprisonment
.U.S. Attorney D. Michael Dunavant said: "Drug trafficking is an inherently dangerous business that is often conducted by recidivist offenders who have dedicated their lives to criminal activity, and who have no regard for the addiction, injury, and death caused by their sale of illegal drugs. This sentence demonstrates our commitment to remove career drug traffickers from our streets by seeking significant mandatory sentences for selling poison in our community."
This case was investigated by the Memphis Police Department Organized Crime Unit, with assistance from the Tennessee Bureau of Investigation.
Special Assistant United States Attorney Joseph Griffith prosecuted the case on behalf of the government.
This case is part of the West Tennessee Heroin Initiative, a joint task force of attorneys and law enforcement from both federal and state agencies dedicated to reducing the supply of heroin and opioids in Memphis and Shelby County.
Marion County man admits to drug and firearms chargesRead the Press Release
CLARKSBURG, WEST VIRGINIA – Sanford Austin Mays, of Fairmont, West Virginia, has admitted to drug possession and firearms charges, United States Attorney Bill Powell announced.
Mays, age 40, pled guilty to one count of “Possession with Intent to Distribute Methamphetamine” and one count of “Unlawful Possession of Firearms.” Mays admitted to possessing methamphetamine in Marion County in June 2018. Mays, having been previously convicted of multiple felonies, is also accused of having a .45 caliber pistol in Marion County in June 2018.
Mays faces up to 20 years incarceration and a fine of up to $1,000,000 for the methamphetamine count and faces up to 10 years incarceration and a fine of up to $250,000 for the firearms count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Assistant U.S. Attorney Andrew R. Cogar is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; and the White Hall Police Department investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Man Sentenced to Life for Attempted Sex Trafficking of a ChildRead the Press Release
RICHMOND, Va. – A Chesterfield man was sentenced today to life in prison for attempted sex trafficking of a minor, receipt of child pornography, and possession of child pornography.
According to court documents, Richard Todd Haas, 48, attempted to use a prostitute he knew to help him obtain young girls to sexually molest and produce child pornography, which he then intended to sell for a profit. Haas first met the prostitute in 2012 on the now-defunct website Backpage.com, and they got together several times for sex that year. They reconnected in May 2016, again through Backpage.com, and the woman visited Haas at his Chesterfield home to provide sexual services. During that visit, Haas shared with her his desire to have sex with children. Haas showed her child pornography on his laptop, and asked her if she had access to any young girls because they could produce child pornography together and make a lot of money. The woman feigned interest in the Haas’s proposal, but instead of actually participating in the plan, she notified the FBI.
Working in conjunction with FBI investigators, the woman stayed in contact with Haas via phone and text, and obtained incriminating text messages and recorded conversations. The FBI’s undercover investigation ended in August 2016 when investigators received information that Haas had recently sexually molested an 11-year-old girl. Federal investigators executed a search warrant on Haas’s home and business on September 1, 2016, seizing many items including his laptop. A forensic examination of the laptop revealed more than 7,000 images and movies of child pornography involving child victims whose identities are known, as well as many more child pornography images and movies involving unidentified victims.
Additionally, evidence at sentencing proved that Haas molested an 11-year old child in 2016 on multiple occasions.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and MaryJo Thomas, Acting Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after sentencing by Senior U.S. District Judge Robert E. Payne. Assistant U.S. Attorneys Brian R. Hood and Heather H. Mansfield prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:16-cr-139.
MS-13 Gang Member Sentenced to 27 Years’ Imprisonment for Murder on Long IslandRead the Press Release
Earlier today, at the federal courthouse in Central Islip, William Castellanos, also known as “Dizzy” and “Satanico,” a member of La Mara Salvatrucha, also known as the MS-13, a violent transnational criminal organization, was sentenced by United States District Judge Joseph F. Bianco to 27 years’ imprisonment. The sentencing followed Castellanos’s February 2018 guilty plea to firearms-related murder charges in connection with the June 30, 2015 murder of 16 year-old Jonathan Cardona-Hernandez in Central Islip, New York.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Geraldine Hart, Commissioner, Suffolk County Police Department (SCPD), and Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD), announced the sentence.
“Castellanos brutally murdered Jonathan Cardona-Hernandez simply because he believed Cardona-Hernandez was a member of a rival gang,” stated United States Attorney Donoghue. “With today’s sentence, Castellanos will pay for this senseless crime. The defendant’s conviction and punishment reflects the commitment of this Office and our law enforcement partners to vigorously investigate, prosecute and dismantle MS-13 and any other gang that terrorizes our communities.”
“The success of our collaborative efforts with our law enforcement partners is evident in today’s sentencing — the latest in a series holding MS-13 members accountable for their despicable crimes,” stated SCPD Commissioner Hart. “The Suffolk County Police Department will continue to focus our resources on halting the violence that surrounds MS-13, and I would like to thank the Eastern District of New York and the Long Island Gang Task Force for their unwavering commitment to dismantling this violent street gang.”
“The arrest, conviction and sentencing of defendant William Castellanos in connection with the 2015 murder of 16 year-old Jonathan Cardona-Hernandez is an excellent example of the professionalism and dedication of numerous law enforcement agencies that have worked tirelessly and collaborated on this case,” stated NCPD Commissioner Ryder. “Our residents and communities will be safer with defendant Castellanos incarcerated. Gangs and their heinous crimes can never be tolerated in any community and we are taking a proactive approach to keep our residents and police safe.”
Castellanos, who was a member of the Karlington Locos Salvatruchas clique of MS-13 (“KLS”) based in Central Islip, and two MS-13 co-conspirators targeted Cardona-Hernandez because they suspected that he was associated with a rival gang, known as “L-Block.” In the early morning hours of June 30, 2015, Castellanos and his co-conspirators drove Cardona-Hernandez to the vicinity of Nicoll Avenue and Messina Street in Central Islip. When Cardona-Hernandez exited the car, Castellanos approached him from behind and shot him multiple times with a 9mm semi-automatic handgun. The co-conspirators then took turns shooting Cardona-Hernandez with a second 9mm semi-automatic handgun. Cardona-Hernandez was struck by at least 10 bullets and was found dead in the street. The shooters fled the crime scene, met with an MS-13 leader and telephoned MS-13 leaders in El Salvador to report that the murder had been successfully carried out. By the time of his arrest by the FBI’s Long Island Gang Task Force in May 2016, Castellanos had risen to the position of leader of the KLS clique.
Today’s conviction is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of MS-13. MS-13’s leadership is based in El Salvador and Honduras, but the gang has thousands of members across the United States, comprised primarily of immigrants from Central America. With numerous branches, or “cliques,” the MS-13 is the largest and most violent street gang on Long Island. Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York. A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders and assaults. Since 2010, this Office has obtained indictments charging MS-13 members with carrying out more than 45 murders in the district, and has convicted dozens of MS-13 leaders and members in connection with those murders. These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, comprising agents and officers of the FBI, SCPD, NCPD, Nassau County Sheriff’s Department, Suffolk County Probation, Suffolk County Sheriff’s Department, Rockville Centre Police Department, the New York State Police, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys John J. Durham, Paul G. Scotti, Raymond A. Tierney, Michael T. Keilty and Justina L. Geraci are in charge of the prosecution.
The Defendant:
WILLIAM CASTELLANOS (“Dizzy” and “Satanico”)
Age: 22
Central Islip, New YorkE.D.N.Y. Docket No. 16-CR-403 (JFB)
January Grand JuryRead the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 28 indictments charging 33 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Aaron Arrellano-Abarca, age 40, of Omaha, is charged with illegal reentry after deportation from on or about January 4, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Ramon Barcenas-Diaz, age 30, of Omaha, is charged with illegal reentry after deportation from on or about January 4, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Ian Beals, age 25, of Omaha, is charged with felon in possession of a firearm on or about April 26, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Daniel Robert Berge, age 35, of Lincoln, Nebraska, is charged in a two-count Indictment. Count I of the Indictment charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine beginning on or about December 13, 2018. The maximum possible penalty if convicted is Life imprisonment, not more than $10,000,000 fine, not less than an 8-year term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with felon in possession of a firearm on or about December 13, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a 3-year term of supervised release, and $100 special assessment.
* Erica L. File, age 33, and Marcus D. File, age 35, are charged with theft of US currency from her employer, First Nebraska Bank, in the amount of $12,143.00 on or about August 10, 2017. The maximum possible penalty if convicted is 30 years’ imprisonment for each, a $1,000,000 fine for each, a 3-year term of supervised release for each, and a $100 special assessment for each.
* Omar Garcia-Sanchez, age 35, of Las Vegas, Nevada, and Lanae Biggs, age 28, of Las Vegas, Nevada, are charged with possession with intent to distribute 500 grams or more of methamphetamine and marijuana on or about October 28, 2018. The maximum possible penalty if convicted is Life imprisonment, not more than $10,000,000 fine, not less than a 5-year term of supervised release, and a $100 special assessment.
* Damingo Burks, age 30, of Omaha, is charged with felon in possession of a firearm on or about November 18, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* David E. Doll, age 59, of Bennington, Nebraska, is charged in a five-count Indictment. Counts I-V charge the defendant with failure to pay over withholding and FICA taxes from on or about September 30, 2012, and continuing through at least on or about June 30, 2013. The maximum possible penalty if convicted is 5 years’ imprisonment for each count, a $250,000 fine for each count, a 3-year term of supervised release for each count, and a $100 special assessment for each count.
* Nicholas Gragg, age 27, of Omaha, is charged with felon in possession of a firearm on or about December 11, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Carlos Hernandez-Degante, age 24, is charged with illegal reentry after deportation from on or about December 23, 2018. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Miguel Angel Lopez Alvarado, age 24, of Omaha, is charged with illegal reentry after deportation from on or about December 31, 2018. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Timothy Lukowski, age 45, of Omaha, is charged with Bank Fraud on or about September 5, 2018, and continuing on or about September 21, 2018. The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment.
* Javier Marino-Ortiz, age 47 of Columbus, Nebraska, is charged with illegal reentry after deportation on or about January 14, 2019, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Ronald L. Miner, age 38, is charged with conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine between on or about January 1, 2015, continuing on or about October 30, 2018. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, NLT 5-year term of supervised release, and a $100 special assessment.
* Carlos M. Molina, Jr., age 41, of Omaha, and Whitney G. Volenec, age 34, of Omaha, are charged in a four-count Indictment. Count I charges the defendants with conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine (actual) between on or about October, 2018 continuing on or about November, 2018. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment. Count II charges the defendants with distribution of 50 grams or more of methamphetamine (actual) on or about October 18, 2018. The maximum possible penalty if convicted is Life imprisonment, not more than $10,000,000 fine, a 5-year term of supervised release, and a $100 special assessment. Count III charges Volenec with distribution of 5 grams or more of methamphetamine (actual) on or about October 1, 2018. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a 4-year term of supervised release, and a $100 special assessment. Count IV charges Volenec with distribution of 5 grams or more of methamphetamine (actual) on or about October 10, 2018. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a 4-year term of supervised release, and a $100 special assessment.
* Thomas Newland, age 34, of Omaha, is charged in a three-count Indictment. Count I charges the defendant with distribution of methamphetamine resulting in death on or about May 22, 2018. The maximum possible penalty if convicted is Life imprisonment, not more than $10,000,000 fine, not less than a 5-year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession with intent to distribute fentanyl on or about May 22, 2018. The maximum possible penalty if convicted is 20 years’ imprisonment, not more than $1,000,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count III charges the defendant with possession with intent to distribute methamphetamine on or about May 22, 2018. The maximum possible penalty if convicted is 20 years’ imprisonment, not more than $1,000,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Jaime Carlos Ortiz Vidales, age 34 of Omaha, is charged with illegal reentry after deportation on or about January 8, 2019, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Manuel Palma-Peralta, age 30, of Omaha, is charged with illegal reentry after deportation from on or about January 14, 2019. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Tawhyne M. Patterson, age 25, Damon D. Williams, age 27, and Dante D. Williams, age 25, are charged in a two-count Indictment. Count I charges the defendants with murder with a firearm during a crime of violence on or about July 31, 2018. The maximum possible penalty if convicted is Life imprisonment, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment. Count II charges the defendants with robbery of personal property, U.S. currency in the amount of $85,000 on or about July 30, 2018, and continuing through July 31, 2018. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Logan P. Reifschneider, age 23, of Mitchell, Nebraska, is charged in an eight-count Indictment. Count I charges the defendant with false statements to a financial institution on or about November 8, 2011. The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment. Count II charges the defendant with unauthorized use of Access Devises from on or about July 18, 2015 to on or about September 28, 2015. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count III charges the defendant with aggravated identity theft on or about February 9, 2015. The maximum possible penalty if convicted is 2 years’ imprisonment consecutive, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count IV charges the defendant with false statements to a financial institution on or about September 28, 2018. The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment. Count V charges the defendant with unauthorized use of Access Devises from on or about May 10, 2015, to on or about January 8, 2017. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count VI charges the defendant with aggravated identity theft on or about May 30, 2016. The maximum possible penalty if convicted is 2 years’ imprisonment consecutive, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count VII charges the defendant with aggravated identity theft on or about September 15, 2016. The maximum possible penalty if convicted is 2 years’ imprisonment consecutive, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count VIII charges the defendant with aggravated identity theft on or about December 22, 2016. The maximum possible penalty if convicted is 2 years’ imprisonment consecutive, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Alfonso Us-Juarez, age 20, of Omaha, and Maria Reyes-Taperia De Us, age 22, of Omaha, are charged with destroying two GPS units belonging to the United State on or about January 4, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine for each, a 3-year term of supervised release for each, and a $100 special assessment for each.
* Juan Carlos Ruiz Palacios, age 40, of Omaha, is charged in a five-count Indictment. Count I charges the defendant with distribution of 50 grams or more of methamphetamine on or about May 15, 2015. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, NLT 4-year term of supervised release, and a $100 special assessment. Counts II through IV charges the defendant with distribution of methamphetamine on or about May 27, 2015, June 19, 2015 and July 2, 2015. The maximum possible penalty if convicted is 20 years’ imprisonment each count, not more than $1,000,000 fine each count, a 3-year term of supervised release each count, and a $100 special assessment each count. Count V charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about July 9, 2015. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, a 5-year term of supervised release, and a $100 special assessment.
* Frank Sadecki, age 34, of Omaha, is charged with possession with intent to distribute 50 grams or more of methamphetamine on or about November 15, 2018. The maximum possible penalty if convicted is 40 years’ imprisonment, not more than $5,000,000 fine, not less than a 4-year term of supervised release, and a $100 special assessment.
* Edilberto Sandoval-Ortiz, age 41, is charged with illegal reentry after deportation from on or about December 20, 2018. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.
* Rowland Sudbeck, age 61, of Hartington, Nebraska, is charged with possession with intent to distribute 500 grams or more of methamphetamine on or about November 15, 2018. The maximum possible penalty if convicted is Life imprisonment, not more than $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment.
* Ramon Verjan-Velazquez, age 47, is charged with illegal reentry after deportation following a felony conviction on or about January 17, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Aron Villareal Moreno, age 40, of Grand Island, Nebraska, is charged with illegal reentry after deportation following a felony conviction on or about August 16, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Jordan Wolfe, age 20, is charged in a two-count Indictment. Count I charges the defendant with assault with a dangerous weapon with intent to do bodily harm on or about December 2, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II charges the defendant with assault resulting in serious bodily harm on or about December 2, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
Hastings Man Sentenced for Failing to RegisterRead the Press Release
United States Attorney Joe Kelly announced that Michael Brandon Richardson, 29, formerly of Hastings, Nebraska, was sentenced today in Lincoln, Nebraska, to 2 years in prison by Senior United States District Judge Richard G. Kopf, for failing to register under the Sex Offender Registration and Notification Act (SORNA). After his release from prison, Richardson will serve five years on supervised release and still be required to register.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Richardson was convicted previously of Sexual Assault/Incompetent - 3rd Degree (a Misdemeanor) on January 13, 2009, in Nuckolls County District Court, Nebraska, and was required to register as a sex offender for 15 years. After that conviction, Richardson relocated to Georgia where he initially registered but then failed to re-register, and a warrant was issued. In February, 2018, the Nebraska State Patrol was informed by Georgia law enforcement that Richardson appeared to have obtained a Nebraska driver’s license in November, 2017, and had listed an address in Hastings. After investigation it appeared that Richardson had been living and working in Hastings since June of 2017, but was now living in Superior, Nebraska. The Nebraska State Patrol confirmed that Richardson had not registered as a sex offender in Nebraska since his return from Georgia. Richards was arrested by the U.S. Marshals in August, 2018, and has remained in custody since that time.
This case was investigated by the Nebraska State Patrol and the United States Marshals Service.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Fresno Man Charged with Two Counts of Distributing Fentanyl Resulting in DeathRead the Press Release
FRESNO, Calif. — A federal grand jury returned a two-count indictment today against Darnell Pearson, 40, of Fresno, charging him with distribution of fentanyl resulting in death, U.S. Attorney McGregor W. Scott announced.
“This defendant is alleged to have sold cocaine that was, in fact, fentanyl and caused the deaths of two people and serious injury to two others,” U.S. Attorney Scott stated. “Fentanyl is extremely dangerous and is a serious public health threat in our area and the nation as a whole. Even trace amounts of this drug can be lethal, and it poses serious risks to those who come into contact with it, including first responders. We will continue to work with our state and federal partners to target those who distribute this poison in our communities.”
According to court documents, on January 7, 2019, law enforcement officers responded to a call concerning an overdose in Fresno and found three individuals on the ground with faint or no pulse. All three individuals were transported to Community Regional Medical Center for treatment. One of the individuals was pronounced dead on January 10, 2019. A toxicology report determined that the cause of death for the individual was overdose from fentanyl. The other two individuals survived and were later released from the hospital. Pearson is charged in count one with distributing fentanyl to the three individuals resulting in death of one and serious bodily injury to the other two.
The second count of the indictment charges Pearson with distributing fentanyl to a victim in Madera, resulting in death on January 7, 2019.
This case is the product of an investigation by the U.S. Drug Enforcement Administration, Homeland Security Investigations, the Fresno Police Department, and the Madera Police Department. Assistant U.S. Attorneys Laurel Montoya and Jeffrey A. Spivak are prosecuting the case.
If convicted, Pearson faces a minimum statutory penalty of 20 years in prison, a maximum of life in prison, and a $1 million fine on each count. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Federal inmate admits to threatening the PresidentRead the Press Release
CLARKSBURG, WEST VIRGINIA – Nathan Allen Danforth, a federal inmate at FCI Hazelton, was sentenced today to 15 months incarceration, to be served consecutively to the sentence he’s currently serving, after admitting to threatening the President of the United States, United States Attorney Bill Powell announced.
Danforth, age 32, pled guilty to one count of “Threats Against the President.” Danforth admitted to mailing a letter containing threats to murder the President, cause the President pain, and to watch the President die a slow, painful death.
Danforth faces up to five years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Sarah E. Wagner prosecuted the case on behalf of the government. The United States Secret Service and Special Investigative Services – USP Hazelton investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Federal Jury convicts Memphis man of Armed Pharmacy Robbery, firearm offense, and drug conspiracyRead the Press Release
Memphis, TN – A federal jury has convicted Jesse Robert Coop, 41, for the Armed Business Robbery of a CVS Pharmacy, brandishing a firearm during of a crime of violence, and conspiring to possess with the intent to distribute various controlled prescription drugs. D. Michael Dunavant, United States Attorney for the Western District of Tennessee announced the guilty verdict today.
According to the information presented in court, on April 27, 2018, two individuals, one black and one white, entered CVS Pharmacy located at 6620 Winchester Avenue in Memphis, Tennessee. The white individual walked around the store as the black individual pulled out a revolver and demanded drugs from the pharmacist. The pharmacist provided the individual with drugs from the safe, and then both individuals fled the business. Witnesses stated that they heard a motorcycle as the individuals left the area.
A tracking device had been placed in one of the pill bottles, and it led the Memphis Police to a residence located at 6070 Knightsbridge in Memphis. Officers surrounded the house and demanded everyone inside to exit. Keith Harrington and Jesse Coop exited the house and were later arrested without incident.
Officers later obtained a search warrant and found multiple pill bottles in the house containing various controlled substances. Coop admitted to participation in the robbery and that he was the driver of the motorcycle with Harrington as a passenger when they fled the pharmacy.
Based on the surveillance footage, defendant Harrington matched the description of one of the robbers, and the pharmacist also identified defendant Harrington in a photo line-up. The stolen prescription drugs had a total value of $44,250.
On August 21, 2018, a federal grand jury returned an indictment against defendant Jesse Coop and co-defendant Keith Harrington, 30, charging Robbery affecting interstate commerce (Hobbs Act) in violation of 18 U.S.C. 1951; use and carry of a firearm during and in relation to a crime of violence in violation of 18 U.S.C. 924(c); and conspiracy to possess with the intent to distribute controlled substances: Oxycodone, OxyContin, Morphine, Hydrocodone, and Nucynta.
On January 11, 2019, co-defendant Keith Harrington pled guilty to all of the indicted charges, and his sentencing is scheduled on April 12, 2019. On January 23, 2019, after a two-day trial, a jury found defendant Jesse Coop guilty as charged in the indictment. Sentencing for Coop is scheduled on May 3, 2019 before U.S. District Court Judge Sheryl H. Lipman. Coop and Harrington each face possible sentences of up to 20 years for the Hobbs Act Business Robbery, up to 20 years for each drug conspiracy count, and a mandatory minimum consecutive sentence of 7 years for brandishing a firearm during a crime of violence.
U.S. Attorney D. Michael Dunavant said, "Robberies of businesses with a firearm are especially dangerous and violent due to the high risk of death and serious bodily injury to innocent victims. Pharmacy robberies for controlled substances present the further dangerous risk of hundreds of prescription opioids being unlawfully distributed into the community, causing further potential addiction, injury, and death. As demonstrated in this case, we will not tolerate this senseless gun violence and will use all available resources to remove dangerous offenders from our communities for a very long time. Gun Crime is Max Time."
The case was investigated by the Memphis Police Department and the FBI Safe Streets Task Force.
Assistant United States Attorney Kevin Whitmore prosecuted this case on behalf of the government.
Fairview Heights Man Sentenced to Prison for Firearm OffenseRead the Press Release
Steven D. Weinhoeft, United States Attorney for the Southern District of Illinois, announced today that on January 24, 2019, Michael Norris, 30, of Fairview Heights, Illinois, was sentenced for being a Felon in Possession of a Firearm. At the time of his arrest, Norris was on supervised release in a prior federal case involving a conviction for Possession of a Firearm by a Person with a Misdemeanor Conviction for a Crime of Domestic Violence. A petition to revoke Norris’s supervised release was filed in that case after his arrest.
Pursuant to a sentencing agreement, the Honorable Michael J. Reagan sentenced Robinson to a total of 3 years in federal prison combining the new conviction as well as the supervised release revocation case for sentencing purposes. Norris’s prison sentence will be followed by 3 years of supervised release. Norris also agreed to forfeit the firearm that he illegally possessed.
Court proceedings revealed that on April 7, 2018, a Fairview Heights police officer conducted a traffic stop on Norris’s vehicle for expired plates and excessive window tint. A records search indicated that Norris’s driver’s license was suspended. He was arrested for driving while his license was suspended. A search of his vehicle led to the discovery of a loaded 9mm handgun in the center console, as well as multiple baggies of marijuana.
The case was investigated by the Fairview Heights, Illinois, Police Department and prosecuted by Assistant United States Attorney Christopher Hoell.
Enforcer of a Drug Trafficking Organization Sentenced to Life for Heroin Trafficking and Murder ChargesRead the Press Release
St. Louis, MO – Donald Stewart a/k/a “OG,” 55, of St. Louis, was sentenced to life in prison for conspiracy to distribute controlled substances and two counts of possession of a firearm (with death resulting) in furtherance of a drug trafficking crime. He appeared before U.S. District Judge Catherine D. Perry.
According to the evidence presented at trial, defendant Donald Stewart a/k/a “OG,” was an enforcer for the Donald White drug trafficking organization. Over several years, White’s drug trafficking organization engaged in acts of violence with a rival drug trafficking organization. Defendant Stewart was recruited as a shooter for the White drug trafficking organization and engaged in several acts of violence for the organization. Additionally, defendant Stewart was a street level heroin dealer for the organization. Defendant Stewart’s residence in the 5100 block of Northland was used as a heroin distribution hub, used to store weapons, and used to plan out various acts of violence including murder committed by Stewart and other members of the organization.
On March 26, 2010, Michael McGill was lured to the 5200 block of Maffitt where he was gunned down by members of the White organization as part of the ongoing drug war. On July 23, 2010, Darrion Williams, Jr. was lured to an alley behind the 5200 block of Maffitt for a purported drug deal where he was gunned down by Stewart and other members.
On April 25, 2013, defendant Terrance Wilson, a/k/a “Mutt,” entered pleas to drug conspiracy and firearms charges. According to the plea agreement defendant Wilson also served as an enforcer for the White drug trafficking organization and participated in both the McGill and Williams murders.
In May of 2018, after a ten-day trial and 62 witnesses, a federal jury returned the three guilty verdicts. The conviction of Donald Stewart and Terrance Wilson along with previous convictions of Donald White and members of his organization has dismantled the drug organization and ended their reign of violence.
The case was investigated by the St. Louis Metropolitan Police Department’s Intelligence and Homicide Divisions, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Federal Bureau of Investigation.
Dos hombres de Illinois se declaran culpables al bombardeo de un centro islámicoRead the Press Release
Michael McWhorter, de 29 años, y Joe Morris, de años 23, ambos vecinos de Clarence, Illinois, se declararon culpables hoy ante múltiples cargos, entre ellos cargos relacionados con derechos civiles federales, ante el Tribunal de Distrito Federal en St. Paul, Minnesota. La Fiscal Federal para el Distrito de Minnesota, Erica H. MacDonald; el Fiscal Federal para el Distrito Central de Illinois, John C. Milhiser; el Fiscal General Auxiliar de la División de Derechos Civiles, Eric S. Dreiband; y la Agente Especial Encargada de la División del FBI en Minneapolis, Jill Sanborn, anunciaron hoy las declaraciones de culpabilidad.
«Los acusados cometieron una serie de delitos violentos sin precedentes en múltiples estados que aterrorizaron comunidades, entre ellos los miembros del Centro Islámico Dar al-Farooq en Minnesota. Los actos delictivos de los acusados son reprehensibles y antitéticos a nuestros valores como nación. Cada individuo tiene derecho a vivir libre de la amenaza de violencia y discriminación, no importa quién es, en qué creen o dónde rezan», declaró la Fiscal Federal Erica H. MacDonald. «La dedicación y colaboración de nuestras agencias asociadas de orden público en varias jurisdicciones para llevar a estos acusados ante la justicia es un poderoso ejemplo de nuestra devoción a la búsqueda de justicia para toda víctima y al enjuiciamiento, con todo el peso de la ley, de cualquier individuo que intente amenazar los derechos civiles de otro mediante la comisión de delitos de odio tan viles».
«Seguiremos trabajando con nuestras agencias federales y estatales asociadas para identificar y enjuiciar a grupos peligrosos y radicales que elijan aterrorizar a nuestras comunidades», afirmó el Fiscal Federal John C. MilHeiser.
«Todas las personas merecen vivir libres de violencia y miedo, independientemente de religión o lugar de culto», comentó el Fiscal General Auxiliar de la División de Derechos Civiles, Eric Dreiband. «El Departamento de Justicia se ha comprometido a hacer que los autores de delitos de odio rindan cuentas ante la ley de sus acciones delictivas y peligrosas, cometidas contra miembros inocentes de la comunidad».
«Este delito no solo fue un ataque contra el objetivo pretendido, sino que tuvo la intención de amenazar e intimidar a una comunidad entera. Debido a ese enorme impacto, la investigación de este delito y de otros parecidos es una de las prioridades principales del FBI», dijo Jill Sanborn, la Agente Especial Encargada de la División del FBI en Minneapolis. «El FBI tiene el deber de defender los derechos civiles y nuestros agentes en las oficinas locales en Minneapolis y Springfield, juntos con el Equipo de Tarea Conjunta contra el Terrorismo, investigaron este caso rápidamente en cooperación con la Agencia de Control de Bebidas Alcohólicas, Tabaco, Armas de Fuego y Explosivos (ATF, por sus siglas en inglés), la Policía de Bloomington y otras agencias del orden público asociadas con una única meta: llevar a los terroristas ante la justicia y, más importante aún, ayudar a la comunidad de Dar al-Farooq a empezar a sentirse segura nuevamente».
Los acusados McWhorter y Morris se declararon culpables en el Distrito de Minnesota ante cargos federales que se habían originado en el Distrito de Minnesota y el Distrito Central de Illinois. Las declaraciones ante los cargos que se originaron en el Distrito Central de Illinois se declararon en Minnesota, conforme a la Norma Federal 20 de Procedimiento Penal, que permite la transferencia de cargos para declaraciones de culpabilidad y la imposición de la condena. McWhorter, Morris y su coacusado Michael Hari, de 47 años, fueron acusados formalmente de poseer una ametralladora, de confabular a interferir en el comercio mediante amenazas y violencia (la ley de Hobbs) y de intentar a provocar un incendio, en una acusación formal sustitutiva del 2 de mayo del 2018 en el Distrito Central de Illinois. McWhorter, Morris y Hari fueron acusados formalmente en el Distrito de Minnesota el 21 de junio del 2018 ante cargos federales de derechos civiles y de posesión y uso de un dispositivo destructivo en apoyo de un delito federal de odio.
McWhorter y Morris se declararon culpables hoy ante el Juez Superior del Tribunal Federal de Distrito Donovan Frank. El acusado Hari sigue bajo custodia en el Distrito Central de Illinois.[1]
Según las declaraciones de culpabilidad de McWhorter y Morris, durante el verano del 2017, Michael Hari organizó un grupo de milicianos en el centro de Illinois, el que finalmente fue llamado los «White Rabbits» [Conejos Blancos], al que se unieron McWhorter y Morris, junto con otros individuos adicionales.
Conforme a las declaraciones de culpabilidad de McWhorter y Morris y documentos presentados ante el tribunal, el 4 y el 5 de agosto del 2017, McWhorter, Morris y Hari manejaron un camión alquilado desde Illinois hasta el Centro Islámico de Dar al-Farooq («DAF») en Bloomington, Minnesota. Dejaron atrás sus teléfonos celulares en Illinois y evitaron las autopistas de peaje en un intento de pasar desapercibidos. Los acusados pararon en su ruta para comprar diésel y gasolina, lo que Hari mezcló en un contenedor de plástico. A una hora de Minnesota, Hari divulgó a McWhorter y Morris que tenía una bomba de fabricación casera en el camión (que se había creado con materiales comprados previamente) y que iban a bombardear una mezquita.
Tal y como McWhorter y Morris admitieron en las audiencias en las que se declararon culpables, ellos dos, juntos con Hari, llegaron al Centro Islámico DAF aproximadamente a las 5 de la madrugada el 5 de agosto del 2017. Morris empleó un mazo para romper una ventana del Centro Islámico DAF y tiró adentro de edificio el contenedor de plástico que contenía la mezcla de diésel y gasolina. McWhorter encendió la mecha de la bomba de fabricación casera que Hari había construido y tiró la bomba la fabricación casera por la ventana rota del Centro Islámico DAF. Según los documentos judiciales, la ventana rota estaba en la oficina del Imam del Centro Islámico DAF. Cuando la bomba de fabricación casera explotó, se encendió la mezcla en el contenedor de plástico, lo cual provocó daños sustanciales por fuego y humo a la oficina del Imam, junto con daños por agua causados cuando se activó el sistema de aspersores del edificio. McWhorter y Morris volvieron corriendo al camión, donde Hari les esperaba en el asiento del conductor, y volvieron a Illinois. En el momento de la explosión, estaban presentes en la mezquita congregantes que habían acudido a las oraciones matinales. No obstante, la oficina del Imam estaba desocupada, por lo que el bombardeo no causó víctimas mortales o lesiones.
Según sus declaraciones de culpabilidad, Hari había elegido el Centro Islámico DAF por ser un lugar de culto musulmán. McWhorter y Morris admitieron que el bombardeo fue un intento de espantar a los musulmanes y hacerles creer que no son bienvenidos en los Estados Unidos y que deben abandonar el país. Por otra parte, los acusados también declararon que su objetivo fue el Centro Islámico DAF porque los tres creían que estaba lo suficiente lejos del centro de Illinois por lo que era poco probable que los sospecharían del ataque.
Como parte de sus declaraciones de culpabiliad, McWhorter y Morris admitieron que participaron en la invasión armada de un hogar en Ambia, Indiana, el 16 de diciembre del 2017, donde ellos, fingiendo ser policías, llevaban armas, entre ellos dos que se habían convertido ilegalmente en ametralladoras. McWhorter y Morris también llevaron a cabo, juntos con Hari, robos a mano armada de dos sucursales de Wal-Mart, una en Watseka, Illinois y otro en Mt. Vernon, Illinois, el 2 de diciembre del 2017 y el 17 de diciembre del 2017, respectivamente.
McWhorter y Morris también admitieron que, juntos con el coacusado Hari, intentaron prender fuego a una clínica de salud de mujeres que se llama Women’s Health Practice en Champaign, Illinois, el 7 de noviembre del 2017. Morris admitió que había roto un cristal y colocado un dispositivo incendiario en Women’s Health Practice y que había encendido una tira de magnesio que se estaba utilizando como mecha. No obstante, el dispositivo no se encendió y fue encontrado en el suelo por un empleado de Women’s Health Practice al llegar esa mañana a su trabajo.
El Buró Federal de Investigaciones está encabezando la investigación.
Los Fiscales Federales Auxiliares para el Distrito Minnesota, John Docherty y Julie E. Allyn, con la ayuda del Abogado de Litigios Timothy Visser, de la División de Derechos Civiles, son responsables del enjuiciamiento de este caso. El equipo también trabajo estrechamente con el Fiscal Federal Auxiliar Eugene Miller de la Fiscalía Federal para el Distrito Central de Illinois.
Información sobre los acusados:
MICHAEL MCWHORTER, 29 años
Clarence, Illinois
Condenado:
- Impedir intencionalmente e intentar impedir, mediante la fuerza y amenazas de fuerza, el libre ejercicio de creencias religiosas, 1 cargo
- Portar y emplear un dispositivo destructivo durante y en relación con la comisión de delitos de violencia, 1 cargo
- Posesión de una ametralladora, 1 cargo
- Confabular a interferir en el comercio mediante amenazas y violencia, 1 cargo
- Intento de provocar un incendio, 1 cargo
JOE MORRIS, 23 añosClarence, Illinois
Condenado:
- Impedir intencionalmente e intentar impedir, mediante la fuerza y amenazas de fuerza, el libre ejercicio de creencias religiosas, 1 cargo
- Portar y emplear un dispositivo destructivo durante y en relación con la comisión de delitos de violencia, 1 cargo
- Posesión de una ametralladora, 1 cargo
- Confabular a interferir en el comercio mediante amenazas y violencia, 1 cargo
- Intento de provocar un incendio, 1 cargo
MICHAEL HARI, 47 añosClarence, Illinois
Cargos en el Distrito de Minnesota:
- Intencionalmente desfigurar, dañar y destrozar bienes inmuebles religiosas por motivos del carácter religioso de tales bienes, 1 cargo
- Impedir intencionalmente e intentar impedir, mediante la fuerza y amenazas de fuerza, el libre ejercicio de creencias religiosas, 1 cargo
- Confabular a cometer delitos graves federales mediante el uso de incendios y explosivos, 1 cargo
- Portar y emplear un dispositivo destructivo durante y en relación con la comisión de delitos de violencia, 1 cargo
- Posesión de un dispositivo destructivo no registrado, 1 cargo
Cargos en el Distrito Central de Illinois [2]:
- Posesión de una ametralladora, 1 cargo
- Confabular a interferir en el comercio mediante amenazas y violencia, 1 cargo
- Intento de provocar un incendio, 1 cargo
- Posesión por un delincuente de un arma de fuego, 1 cargo
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Fiscalía Federal, Distrito de Minnesota: (612) 664-5600
[1] Los cargos contra el acusado Michael Hari son acusaciones, y se lo considera inocente mientras no se pruebe su culpabilidad.
[2] La acusación formal sustitutiva agrega cargos nuevos contra cuatro hombres del centro de Illinois
Cordova Woman has Pleaded Guilty to Conspiracy to Distribute Heroin Resulting in Fatal OverdoseRead the Press Release
Memphis, TN – Glenda Aldape, 42, of Cordova has pleaded guilty to conspiracy to distribute heroin resulting in death and possession of heroin with intent to distribute. D. Michael Dunavant, U.S. Attorney for the Western District of Tennessee announced the guilty plea today.
According to information presented in court, on the evening of March 28, 2016, the victim, Sean Heywood agreed over the phone to buy half a gram of heroin from Aldape for $75. Aldape texted Sean that she was sending "Mitch" (later identified as 38-year-old David Mitchell Murray) to deliver the heroin. Sean lived with his father, mother and grandmother at the time.
At 10 p.m., Sean told his father he was going to a nearby Huey’s location to have a beer. Surveillance tape showed Sean entering the bar area of the restaurant a few minutes after 10 p.m. and having one beer. During this period, he spoke on the phone with Mitch at least twice. The tape then shows him leaving the restaurant. After a few minutes, he left the bar and got into a car with Mitch, who then sold the heroin to Sean. Mitch then drove Sean home.
At approximately 12:30 p.m., Sean’s father found Sean unresponsive on the bathroom floor. Memphis emergency personnel arrived at the house and pronounced Sean dead at 1:02 a.m. Law enforcement also responded and tagged all of the items as evidence – a plastic bag of heroin in his pocket, syringe, spoon and 0.19 grams of heroin, and Sean’s cell phone. The autopsy results concluded the cause of Sean’s death was a lethal dose of heroin.
The next day, on March 29, 2016, MPD officers conducted a forensic search of the victim’s cell phone. Detective Bogue with MPD took that information and discovered Sean had been buying drugs from Glenda Aldape. Bogue then used Sean’s phone and pretended to be Sean trying to set up another buy of heroin from Aldape at Huey’s. Officers set up surveillance and watched an individual arrive at Huey’s matching her description at approximately 10:15 PM. To confirm that this was her, Bogue texted her again while surveilling her, telling her to come to El Porton instead, which is next door. They witnessed her leave the Huey’s parking lot and drive to El Porton. Officers then closed in on her and arrested her. They searched her incident to arrest and found 0.47 grams of methamphetamine in her pocket, as well as 0.08 grams of heroin and various other pills in her purse. The 0.08 grams of heroin was packaged in exactly the same fashion as the heroin found in Sean’s pocket on the night of his death.
Aldape gave a statement to officers admitting to setting up the drug deal with Sean on the 28th, to sending Mitch to deliver the heroin to Sean that same night, and to being in possession of the heroin on the 29th in order to sell to Sean.
U.S. Attorney D. Michael Dunavant said, "Under our district-specific opioid strategy, heroin distribution cases resulting in death receive top priority for investigation and federal prosecution, regardless of quantity of heroin involved or the prior criminal record of the offender. Our Heroin Initiative also provides time-sensitive case coordination between law enforcement agencies and medical examiners, to ensure that opioid overdose death cases are investigated quickly and thoroughly to identify the nature and source of the drug distribution. The U.S. Attorney’s Office will aggressively prosecute and seek the maximum guidelines sentences in these cases in order to disrupt trafficking organizations, hold the distributor accountable for the death of the victim, and to deter others from selling poison to our citizens."
On August 20, 2018, Aldape's co-defendant, David Mitchell Murray, also pleaded guilty to conspiracy to distribute heroin resulting in death, and will be sentenced on March 1, 2019. Sentencing for Aldape is set for April 26, 2019, before U.S. District Judge John T. Fowlkes Jr. Both Aldape and Mitchell face a minimum sentence of 20 years and up to life imprisonment.
This case was investigated the Drug Enforcement Administration and the Memphis Police Department Organized Crime Unit (OCU).
Assistant U.S. Attorney J. William Crow is prosecuting this case on behalf of the government.
Berkeley County man indicted for firearms violationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Nathan Johnson, of Martinsburg, West Virginia, was indicted by a federal grand jury sitting in Martinsburg on January 23, 2019 for a firearms violation, United States Attorney Bill Powell announced.
Johnson, age 42, is charged with two counts of “Unlawful Possession of a Firearm.” Johnson, a person prohibited from having firearms, is accused of possessing an unregistered .410 caliber short-barreled shotgun, as well as 33 other firearms. The crimes are alleged to have occurred in March 2017 in Berkeley County.
Johnson faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Assistant U.S. Attorney Jeffrey A. Finucane is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives 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.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Berkeley County man indicted for firearms violationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Nathan Johnson, of Martinsburg, West Virginia, was indicted by a federal grand jury sitting in Martinsburg on January 23, 2019 for a firearms violation, United States Attorney Bill Powell announced.
Johnson, age 42, is charged with two counts of “Unlawful Possession of a Firearm.” Johnson, a person prohibited from having firearms, is accused of possessing an unregistered .410 caliber short-barreled shotgun, as well as 33 other firearms. The crimes are alleged to have occurred in March 2017 in Berkeley County.
Johnson faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Assistant U.S. Attorney Jeffrey A. Finucane is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives 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.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.