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15 January 2019
Former Federal Prison Official Sentenced for Sex OffensesRead the Press Release
BECKLEY, W.Va. – United States Attorney Mike Stuart announced that Jarrod Grimes, 40, of Inverness, Florida, a former Federal Bureau of Prisons official, was sentenced to 10 years in prison for unlawfully engaging in sexual activity with female inmates at the Federal Prison Camp at Alderson. Grimes will also be required to register as a sex offender. The case was investigated by the Federal Bureau of Prisons, the Office of Inspector General of the United States Department of Justice and the Federal Bureau of Investigation.
“The Bureau of Prisons is staffed with correctional officers that perform their duties with honor and integrity every day. However, Grimes, who abused his position and power, was not one of them,” said United States Attorney Mike Stuart. “Grimes was in a position of trust and near absolute authority over inmates who had absolutely no ability to flee or escape. Any and all instances of gross and egregious corruption like this will be prosecuted by my office and we will seek the maximum penalties permitted by law.”
Grimes pled guilty in June to four counts of sexual abuse of a ward and two counts of abusive sexual contact involving a ward. He admitted to having sexual intercourse with four inmates and other sexual activity with two other inmates between about November 2016 and December 2017. Grimes was a captain when the crimes occurred, and was in charge of the correctional and security functions at the prison. Under federal law, the inmates were not legally capable of giving consent to engage in any sexual activity with Grimes. Grimes resigned from the Federal Bureau of Prisons in December 2017.
“This man used his position as a Captain with the Bureau of Prisons to take advantage of women,” said Special Agent in Charge Robert Jones. “Corrections officers have a duty to protect the inmates at the prisons where they work. This sentence reaffirms our commitment to hold anyone who abuses their power responsible and that corruption, no matter where it is, will not be tolerated.”
United States District Judge Irene C. Berger imposed the sentence on January 9, 2019. Assistant United States Attorney John File handled the prosecution.
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David L. Anderson Sworn in as United States Attorney for the Northern District of CaliforniaRead the Press Release
SAN FRANCISCO – David L. Anderson took the oath of office today to become the United States Attorney for the Northern District of California. President Donald Trump announced the nomination of Mr. Anderson on August 16, 2018, and the United States Senate confirmed Mr. Anderson on January 2, 2019. United States District Judge Richard Seeborg swore in Mr. Anderson in a private ceremony.
Twice previously Mr. Anderson served in the office that he now leads. From 1998 to 2002, he was an Assistant United States Attorney, and from 2008 to 2010, he was First Assistant United States Attorney.
For 20 years, while not in government service, Mr. Anderson practiced at a large law firm. While in private practice, Mr. Anderson worked on criminal and civil cases around the country for individual and corporate clients. He chaired the Magistrate Judge Merit Selection Panel in the Northern District of California. He served as a Criminal Justice Act panel attorney. He taught securities regulation at Hastings College of the Law and testified before Congress successfully in support of securities litigation reform legislation.
Mr. Anderson clerked for Justice Anthony M. Kennedy of the United States Supreme Court in 1991-1992. He clerked for Chief Judge J. Clifford Wallace of the Ninth Circuit Court of Appeals in 1990-1991 and Judge George H. Aldrich of the Iran-United States Claims Tribunal in the Hague, Netherlands in 1992-1993.
Mr. Anderson graduated with distinction from Stanford Law School in 1990 and San Jose State University in 1985.
California man charged after receiving a shipment of one kilogram of suspected fentanyl while staying in ClevelandRead the Press Release
A California man was charged in federal court after receiving a shipment of one kilogram of suspected fentanyl while staying in Cleveland.
Alan Gabriel Barba-Sanchez, 30, of San Diego, was charged with one count of attempted possession with intent to distribute controlled substances.
According to an affidavit filed in the case:
A Cuyahoga County Deputy Sheriff seized a parcel containing one kilogram of fentanyl in Middelburg Heights on January 11. Homeland Security agents were contacted to do a controlled delivery of the package, which was addressed to 5400 Tillman Ave. in Cleveland.
An undercover agent delivered the package later that day. About an hour later, an individual later identified as Barba-Sanchez walked up to the front porch of the residence, picked up the package and carried it inside. Barba-Sanchez left the residence approximately 13 minutes later and walked south on West 54th Street.
Barba-Sanchez was arrested. He was carrying three iPhones, approximately $2,000 in cash and a key to a downtown hotel at the time of his arrest.
“When you look at the streets and neighborhoods of this district, fentanyl has had the same effect as a weapon of mass destruction,” U.S. Attorney Justin Herdman said. “This seizure has already saved lives in Northeast Ohio, and law enforcement will continue prosecuting those who traffic in deadly narcotics while working with other partners to make help available for people who want it.”
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
This case is being investigated by the Homeland Security Investigations, the Cuyahoga County Sheriff’s Department and the Drug Enforcement Administration. It is being prosecuted by Assistant U.S. Attorney Matthew J. Cronin.
A charge is only an accusation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
A Mexican National, with Prior Drug Convictions in Metro Atlanta, Pleads Guilty to Distributing Meth Behind BarsRead the Press Release
ALBANY, GA – A Mexican citizen serving a sentence in a Georgia prison, pleaded guilty Thursday on a federal charge of conspiring to possess with intent to distribute methamphetamine, said Charles “Charlie” Peeler, the United States Attorney for the Middle District of Georgia. Jose Calderon, 40, of Mexico entered a guilty plea on January 10, 2019 before the Honorable Leslie Gardner in Albany federal court. Prior to his federal plea, Mr. Calderon was convicted in Gwinnett County Superior Court on January 22, 2004 for Trafficking in Methamphetamine. He was convicted again in Clayton County Superior Court on December 22, 2010 for Trafficking in Cocaine and Trafficking in Methamphetamine. Mr. Calderon will be sentenced by Judge Gardner on April 11, 2019 at 10:00 a.m. in Albany. Mr. Calderon’s possible federal sentence will increase to a minimum of 15 years in prison as a result of his state convictions, including deportation.
According to the plea agreement, Mr. Calderon was actively serving sentences for both state offenses at the Wheeler Correctional Facility. In 2016, while an inmate, Mr. Calderon used a contraband cell phone to broker the illegal distribution of kilos of methamphetamine to known major drug dealers across the state, including Borris Fuller, of Moultrie, GA, and Antron Miles of Tifton who were each previously sentenced to 360 months in federal prison in October 2018 Conspiracy to Possess with Intent to Distribute Methamphetamine. Federal agents obtained authorization to wiretap cell phones, and use visual and electronic surveillance, in order to identify Mr. Calderon’s illegal activities from prison. Several of these operations resulted in the seizure of kilos of methamphetamine before they hit the streets for distribution. Mr. Calderon directed another inmate to distribute ½ to 1 kilogram of meth, three times a week, to Mr. Fuller. Under Mr. Calderon’s orders, meth was distributed in communities across the state, including Atlanta, Moultrie and Tifton, and parts of Florida.
“Mr. Calderon was orchestrating major meth deals behind bars, and thanks to the combined efforts of DEA, GBI and the Georgia Department of Corrections, law enforcement put an end to his illegal dealings and the illegal dealings of his distributers,” said Charles “Charlie” Peeler, U.S. Attorney for the Middle District of Georgia. “Our law enforcement agencies do not tolerate illegal activities happening within our jails and prisons, and we will continue to pursue and prosecute prisoners engaging in criminal behavior while serving prison sentences.”
This case was investigated by the Drug Enforcement Administration, Georgia Bureau of Investigations, and Georgia Department of Corrections. Assistant United States Attorney Leah E. McEwen prosecuted the case for the United States.
Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
14 January 2019
Woman Sentenced to Prison for Possessing RicinRead the Press Release
NORFOLK, Va. – A South Carolina woman was sentenced today to 35 months in prison for the unregistered possession of ricin, a highly dangerous toxin.
According to court documents, Debbie Siers-Hill, 63, of Ladson, knowingly possessed the following items in a storage unit that she rented and controlled: Ricin, held in a container wrapped in towels and double wrapped in plastic bags; syringes, including one containing identifiable traces of ricin; numerous other liquid chemicals and powdered caffeine; latex gloves; packages of castor plant seeds; and three firearms, one of which had an obliterated serial number. In addition, two more castor seeds were found in Siers-Hill’s car, and agents also found castor seed hulls in the house where she lived. Ricin is an extremely dangerous toxin contained within the seed of the castor plant. As a “select agent”—along with such materials as the Ebola virus, anthrax, and the 1918 pandemic influenza strain—it is not available to the general public, and there is no known antidote to ricin poisoning.
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 Senior U.S. District Judge Robert G. Doumar. Assistant U.S. Attorneys Alan M. Salsbury and Andrew C. Bosse 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-62.
Randolph County residents admit to drug distributionRead the Press Release
ELKINS, WEST VIRGINIA – Two Elkins, West Virginia residents have admitted to drug charges, United States Attorney Bill Powell announced.
Jeffrey Lynn Woods, age 58, pled guilty to one count of “Conspiracy to Distribute More than 5 Grams of Methamphetamine.” He admitted to conspiring with others to distribute more than five grams of methamphetamine, also known as “crystal” and “ice,” from the fall of 2016 to July 2018 in Randolph County.
Crystal Key Hensley, age 39, pled guilty to one count of “Maintaining Drug-Involved Premises.” Hensley admitted to using a place in Elkins to distribute methamphetamine, also known as “crystal” and “ice,” in August 2017.
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 Stephen D. Warner is prosecuting the cases on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives; the Mountain Region Drug & Violent Crimes Task Force; and the Elkins Police Department investigated.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Magistrate Judge Michael John Aloi presided.
Pittsburgh Man Pleads Guilty to Drug Charge in GBK InvestigationRead the Press Release
PITTSBURGH - A resident of Pittsburgh, PA, pleaded guilty in federal court to a charge of conspiracy to distribute crack cocaine, United States Attorney Scott W. Brady announced today.
Balon Kenney, age 25, pleaded guilty to one count before Senior United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that in 2017, the Federal Bureau of Investigation and the Drug Enforcement Administration initiated a wiretap investigation, primarily targeting the GBK street gang and drug trafficking in and around an area known as the Greenway Projects, located in the West End of the City of Pittsburgh. The wiretap investigation revealed that from in and around November 2017 through in and around June 2018, Balon Kennedy conspired to distribute 28 grams or more of crack cocaine.
Judge Schwab scheduled sentencing for May 28, 2019 at 10 a.m. The law provides for a total sentence of not less than 10 years to life in prison, a fine of $10,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history of the defendant.
Pending sentencing, the court continued the defendant’s detention.
Assistant United States Attorneys Tonya Sulia Goodman and Rachael Dizard are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Drug Enforcement Administration jointly led the multi-agency investigation, which also included the Pittsburgh Bureau of Police, Allegheny County Sheriff’s Office, Pennsylvania State Police, Robinson Township Police Department, Stowe Township Police Department, Pennsylvania Attorney General’s Office, Wilkinsburg Borough Police Department, and the McKees Rocks Police Department, that led to the prosecution of Balon Kennedy.
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.
Omaha Man Sentenced to 10 Years for Possessing Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Rosalio Perez, 33, was sentenced in federal court in Omaha. Senior United States District Court Judge Laurie Smith Camp sentenced Perez to 10 years’ imprisonment. There is no parole in the federal system. Perez will begin a five-year term of supervised release and will be required to register as a sex offender upon his release from prison.
Perez was convicted in 2012 of possessing child pornography. He was sentenced to two years. In June 2016, Perez used an online messenger service to upload child pornography. On July 7, 2016, agents with Homeland Security Investigations searched Perez’s home and seized his phone. Agents discovered 46 videos and 77 images of child pornography on his phone.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by Homeland Security Investigations.
Omaha Man Sentenced for Baker’s and Mega Mart RobberiesRead the Press Release
United States Attorney Joe Kelly announced that Edward Sherrod, Jr., age 37, was sentenced in federal court today in Omaha, Nebraska, for two counts of robbery. The Senior United States District Court Judge Laurie Smith Camp sentenced Sherrod to 8 ½ years of imprisonment. She further ordered him to pay $19,444.00 in restitution. There is no parole in the federal system. After completing his term of imprisonment, Sherrod will begin a three-year term of supervised release.
On July 5, 2018, Sherrod robbed the Baker’s customer service counter at 5555 North 90th Street. He went into the store with what was later found to be a toy gun, nylon mask on his face, and gloves. He demanded money from the clerk and was given $3,607.00.
On July 24, 2018, Sherrod entered the Mega Mart at 1357 NW Radial Highway, with a black nylon covering his face. He was carrying a similar fake gun and demanded to know where the safe was. The safe was closed, but not locked and $26,007 was taken. Law enforcement officers were able to recover part of the money. Law enforcement officers were able to catch Sherrod when he returned a rental car used in the Mega Mart robbery.
The case was investigated by the Federal Bureau of Investigation Great Plains Violent Crimes Task Force and Omaha Police robbery unit.
Mexican Man Sentenced for Drug Trafficking Result of Joint DEA and Local Law Enforcement InvestigationRead the Press Release
United States Attorney Joe Kelly announced that on January 14, 2019, Senior United States District Judge Laurie Smith Camp sentenced Ramon Penunuri-Noriega, of Mexico, to a 168-month term of imprisonment, to be served in the U.S. Bureau of Prisons. Penunuri pleaded guilty to conspiracy to distribute and possess with intent to distribute methamphetamine and use of facilities in interstate commerce in aid of racketeering. During the first few months of 2018, Penunuri conspired with others to distribute multi-pound quantities of methamphetamine throughout the Omaha/Council Bluffs metropolitan area. Penunuri further agreed as part of his plea agreement to be removed from the United States to Mexico by immigration authorities upon completion of the term of imprisonment.
The case was primarily investigated by the Drug Enforcement Administration – Omaha Field Division, the Omaha Police Department, and the Southwest Iowa Narcotics Task Force.
Gun Crime Sends Belleville Man to Federal Prison for Eight YearsRead the Press Release
Anthony J. LeFlore, 54, of Belleville, Illinois, has been sentenced to 96 months in prison for being a convicted felon in possession of a firearm, United States Attorney for the Southern District of Illinois, Steven D. Weinhoeft, announced today. LeFlore pleaded guilty to the charge without a plea agreement in October 2018.
At his plea hearing, LeFlore admitted that on November 6, 2017, he illegally possessed and sold a .22 caliber rifle to another person in Cahokia, Illinois. LeFlore also admitted that he illegally possessed a magazine with 10 rounds of .22 caliber ammunition, a plastic bag with 20 more rounds of .22 caliber ammunition, and another plastic bag with one round of 9mm caliber ammunition.
Federal law prohibits LeFlore from possessing any firearms or ammunition because of a 2011 conviction he sustained in St. Clair County for second-degree murder.
Upon release from imprisonment, LeFlore will be required to serve three years of supervised release.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case is being prosecuted by Assistant United States Attorney William E. Coonan.
Gang member sentenced to prison for illegally possessing firearmRead the Press Release
ROME, Ga. – Jermaine Courtney Brown, a member of the Gangster Disciples gang, has been sentenced to prison for possessing a firearm while a convicted felon.
“Brown’s criminal conduct and the behavior of other suspected members of his violent street gang plague our community and jeopardize the safety of our citizens,” said U.S. Attorney Byung J. “BJay” Pak. “We will continue to work closely with our law enforcement partners to combat gang violence and those who illegally possess firearms.”
“Brown clearly has not learned from prior convictions and continues to threaten the safety of our citizens,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI would like to thank the Cedartown Police Department for their diligence in arresting Brown once again. Because of their efforts Brown will have more time in prison to think about his future path.”
“The multi-jurisdictional cooperation encouraged and facilitated by Project Safe Neighborhoods is making a difference in the quality of life of our citizens. The Cedartown Police Department will continue to work with all our law enforcement partners to make our communities safer,” said Jamie Newsome, Chief of Police, Cedartown Police Department.
According to U.S. Attorney Pak, the charges and other information presented in court: On January 30, 2018, Cedartown Police Department officers observed Brown walking along an intersection in Cedartown, Georgia. The officers were familiar with Brown based on his prior contacts with law enforcement and his association with the Gangster Disciples, a well-known violent street gang suspected of being involved in numerous violent and drug-related crimes. The officers were also aware of an outstanding failure to appear arrest warrant for Brown, stemming from an arrest in February 2017 for possessing a firearm as a felon.
Brown ran when he saw the officers and the officers pursued him on foot and by a patrol car. Brown threw away his cellphone and jacket as he ran, but they were later recovered. After a short chase, Brown was apprehended. As the officers took Brown into custody, he stated that he was carrying a gun in his pants. He also asked one of the officers, “can’t you just throw [the firearm] in the bushes? I already have too many charges on me.”
In addition to recovering a loaded Taurus Millennium PT145PRO .45 caliber semi-automatic handgun, the officers recovered approximately 26.9 grams of marijuana and a digital scale. A court authorized a search of Brown’s cellphone, which revealed photos of Brown and other suspected gang members as well as a photograph of Brown pointing directly into the camera a firearm with a drum magazine that typically holds approximately 100 rounds of ammunition.
In addition to several misdemeanor convictions, Brown was convicted in 2008 of the felony offense of possession of cocaine in the Superior Court of Floyd County, Georgia. On March 19, 2018, Brown was also convicted in Floyd County, Georgia, of felon in possession of firearm for the February 2017 arrest.
Jermaine Courtney Brown, 28, of Cedartown, Georgia was sentenced January 10, 2019, to three years, one month in prison to be followed by three years of supervised release, and a $100 special assessment. Brown pleaded guilty to the indictment on September 12, 2018, and was sentenced by U.S. District Judge Harold L. Murphy.
This case was investigated by the FBI and the Cedartown Police Department.
Assistant U.S. Attorney Suzette A. Smikle prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Felon Pleads Guilty to Possessing a Loaded Assault Rifle During Officer-Involved Shooting at East St. Louis McDonaldsRead the Press Release
Antoine D. Johnson, Jr., 28, of East St. Louis, Illinois, has pleaded guilty to unlawfully possessing a loaded firearm after sustaining a felony conviction, the United States Attorney for the Southern District of Illinois, Steven D. Weinhoeft, announced today. Johnson faces up to 10 years in prison on the charge. Sentencing is scheduled for April 16, 2019, before United States District Judge Staci M. Yandle.
The federal case against Johnson arose on February 18, 2018, after police received a report of multiple shots fired into a family-occupied home in Washington Park earlier that morning, with injuries to two adults. During the ensuing investigation, officers with the East St. Louis Police Department surrounded a vehicle as it sat idling in the drive thru of the McDonald’s restaurant on State Street. Johnson was sitting in the front passenger seat of the vehicle holding a loaded Norinco SKS semi-automatic assault rifle. After Johnson and the driver refused to comply with commands to exit the vehicle, and upon observing Johnson’s rifle pointed in their direction, the officers opened fire. The driver attempted to flee but crashed the car into a pole beside the restaurant. Both occupants of the vehicle were arrested at the scene. Johnson sustained a gunshot wound to his hip and shrapnel damage to one of his eyes. The driver and the responding officers were uninjured.
At the time of his offense, Johnson was on probation in St. Clair County for a 2015 aggravated robbery conviction. Investigators were able to link both Johnson and the rifle to the Washington Park shooting, and as part of his plea deal with the United States, Johnson admitted firing 11 rounds into the residence on February 18 and agreed to plead guilty in St. Clair County Circuit Court to one count of aggravated battery with a firearm. His sentence in that case is expected to run consecutively to his federal sentence.
This case was brought as part of Project Safe Neighborhoods (PSN), 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.
This prosecution is the result of a collaborative investigation by the East St. Louis Police Department and the Bureau of Alcohol, Tobacco and Firearms and Explosives. The case is being prosecuted by Assistant United States Attorney James G. Piper, Jr.
Federally charged Gangster Disciples member arrested after being fugitive for three monthsRead the Press Release
ATLANTA – Federal agents arrested the last of seven, recently indicted members and associates of a national gang —the Gangster Disciples — on federal racketeering charges stemming from a superseding indictment returned on October 25, 2018 by a federal grand jury. The newly arrested defendant, Antarious Caldwell, had been on the run since October. Caldwell was arrested in Clayton County on January 9, 2019 based on a tip after media attention and billboards alerted the public to Caldwell’s wanted status. Caldwell is now being held without bond.
The superseding indictment added seven defendants, most of whom were high-ranking Gangster Disciples leaders, who resided across the United States, and charged them with a variety of federal offenses, including conspiracy to violate the federal racketeering statute (RICO conspiracy), narcotics trafficking, fraud and other offenses.
“This defendant was on the run since October, including allegedly leading police on a high-speed chase with an infant in his car before once-again escaping,” said U.S. Attorney Byung J. “BJay” Pak. “The FBI caught up with Caldwell, showing that trying to hide from arrest is useless. The superseding indictment adds to what the grand jury already found against the Gangster Disciples — that members allegedly commit numerous types of crimes, including murder, robbery, drug trafficking, and large-dollar fraud.”
"The FBI would like to thank the media and the Outdoor Advertising Association of Georgia (OAAG) for helping us with a publicity campaign that directly led to the arrest of Caldwell," said Chris Hacker, Special Agent in Charge of FBI Atlanta. "We would also like to thank the Clayton County Sheriff’s Office for assisting us in his arrest. The main objective of the FBI's Safe Streets Gang Task Force investigation is to dismantle the Gangster Disciples and we feel we have made significant progress toward that goal with an extensive series of federal indictments and arrests."
According to U.S. Attorney Pak, the charges, and other information presented in court: Forty-one defendants were named in the indictments. The initial indictment, which included 34 defendants, was returned by the grand jury in April 2016. Since then nine defendants have entered guilty pleas in district court. The 2016 indictment alleged that defendants named in a RICO conspiracy charge committed murder, attempted murder, robbery, extortion, arson, firearm crimes, drug trafficking, wire fraud, bank fraud, credit card fraud, prostitution and obstruction of justice and other crimes in furtherance of the Gangster Disciples enterprise and to raise funds for the gang. It also alleged that the Gangster Disciples were organized into different positions, including board members, who were national leaders, governors, assistant governors, chief enforcers, and chief of security for each state where Gangster Disciples were active; and coordinators and leaders within each local group. To enforce discipline among Gangster Disciples and adherence to the strict rules and structure, members and associates were routinely fined, beaten, and even murdered, for failing to follow rules.
The October 2018 superseding indictment maintained all those allegations, and added allegations of murder, robbery, drugs and fraud involving the seven new defendants. The seven newly-indicted defendants, each named in the RICO conspiracy, were:
- Roy Farrell, 59, of Hattiesburg, Mississippi, held the rank of Gangster Disciples “Board Member.
- Mario Jackson, 38, of Jacksonville, Florida, held the rank of the Gangster Disciples “governor” of Florida and a national enforcer for the gang.
- Damien Madison, 32, of Denver, Colorado, was the Gangster Disciples “governor” for Colorado.
- Lawrence Grice, 32, of Houston, Texas, held the rank of a Gangster Disciples “governor” for Texas.
- Anthony Blaine, 36, of Smyrna, Georgia, was a recent Gangster Disciples “governor’ for Georgia.
- Antarious Caldwell, 25, of DeKalb County, Georgia, was a member of “HATE Committee,” an enforcement team for the Gangster Disciples.
- Condelay Abbitt, 34, of Birmingham, Alabama, was the personal assistant to a Gangster Disciples “board member.”
Members of the public are reminded that the indictment only contains charges. Each defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the FBI, Internal Revenue Service Criminal Investigation, Cobb County Police Department, DeKalb County Police Department, and DeKalb County District Attorney’s Office, with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Clayton County Sheriff’s Office.
Assistant U.S. Attorney Kim S. Dammers, Chief of the Organized Crime and Gang Section for the Northern District of Georgia, and Ryan K. Buchanan, Deputy Chief of the Violent Crime & National Security Section for the Northern District of Georgia, along with Conor Mulroe, Trial Attorney, of the Department of Justice, Criminal Division, Organized Crime and Gang Section, are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
- Roy Farrell, 59, of Hattiesburg, Mississippi, held the rank of Gangster Disciples “Board Member.
Federal Jury Convicts South Florida Resident of Participating in Heroin Trafficking ConspiracyRead the Press Release
A West Palm Beach resident was convicted by a federal jury today of participating in a heroin trafficking conspiracy.
Ariana Fajardo Orshan, U.S. Attorney of the Southern District of Florida, Adolphus P. Wright, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Office, and Ric Bradshaw, Sheriff, Palm Beach County Sheriff’s Office (PBSO) made the announcement.
Balmy Lincoln Joseph, 24, of West Palm Beach, was convicted of conspiracy to distribute one kilogram or more of a mixture and substance containing a detectable amount of heroin, possession with intent to distribute one kilogram or more of a mixture and substance containing a detectable amount of heroin, possession with intent to distribute a mixture and substance containing fentanyl, and possession with intent to distribute a mixture and substance containing heroin (Case No. 18-CR-80153). Joseph is scheduled to be sentenced by U.S. District Judge William P. Dimitrouleas on March 21, 2019 at 1:15 p.m. in Fort Lauderdale.
According to the court records, including evidence introduced at trial, on July 18, 2018, a search warrant was executed by PBSO personnel at Joseph’s residence in West Palm Beach. The investigation revealed that Joseph had rented his apartment using a stolen identity. During the course of the search, law enforcement discovered 14 grams of fentanyl and 59 grams of heroin in the pockets of a jacket hanging in Joseph’s closet. In Joseph’s bathroom, officers discovered empty capsules, a cutting agent, and a scale associated with heroin trafficking. Joseph shared the residence with his co-defendant, Delson Marc. In Marc’s room, which was open and accessible to Joseph, law enforcement found a garage door clicker and keys that opened a locked garage freezer. Law enforcement executed a second search warrant in the detached garage and found 7.1 kilograms of heroin in the freezer, with an estimated street value of 1.4 million dollars. Ketamine and fentanyl were also found in the freezer.
Marc previously pled guilty to participating in the conspiracy and is scheduled to be sentenced on January 15, 2019 by Judge Dimitrouleas.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the DEA and PBSO in this matter. This case is being prosecuted by Assistant U.S. Attorney Rinku Tribuiani and Special Assistant U.S. Attorney John Parnofiello.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Aaron Weisman Sworn in as United States AttorneyRead the Press Release
PROVIDENCE - Aaron L. Weisman took the oath of office today to become the United States Attorney for the District of Rhode Island. President Donald Trump announced Weisman’s nomination on October 10, 2018, and the United States Senate confirmed him on January 2, 2019. Weisman was sworn in by United States District Court Chief Judge William E. Smith in a private ceremony.
“I am humbled to have received the nomination from the President and the unanimous support of the United States Senate to serve the citizens of Rhode Island as United States Attorney,” said Aaron L. Weisman. “I am especially grateful to Senator Jack Reed and to Senator Sheldon Whitehouse for their steadfast support in allowing me the privilege of continuing to serve Rhode Islanders.”
A career prosecutor, Mr. Weisman, served as an assistant attorney general and Chief of the Rhode Island Attorney General’s criminal appeals unit under four attorneys general, beginning in 1993. Prior to being named Chief of the criminal appeals unit, Mr. Weisman served for two years as a special assistant attorney general in the criminal appeals unit.
During Mr. Weisman’s tenure at the Rhode Island Attorney General’s Office, he represented Rhode Island’s criminal justice interests before the Supreme Court of Rhode Island in hundreds of felony cases, including the appellate litigation of many of Rhode Island’s most consequential criminal justice matters. Mr. Weisman also represented the State of Rhode Island in federal court, including an appearance before the Supreme Court of the United States, to defend Rhode Island’s interest in the finality of its criminal convictions.
Prior to his appointment as a special assistant attorney general, Mr. Weisman worked at Jones Associates, a Providence law firm specializing in appellate practice.
Mr. Weisman, a graduate of Brandeis University, received his Juris Doctorate from Cardozo School of Law.
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13 January 2019
Kirby Cleveland, an enrolled member of the Navajo Nation, pleads guilty to murdering tribal police officer in 2017Read the Press Release
ALBUQUERQUE – Kirby Cleveland, 35, an enrolled member of the Navajo Nation from Prewitt, New Mexico, pleaded guilty in federal court yesterday to second-degree murder for killing Houston James Largo, a tribal police officer for the Navajo Nation.
Cleveland pleaded guilty to an information charging him with killing Largo, with malice aforethought, in McKinley County, New Mexico, on March 11, 2017. According to public court records, Cleveland became drunk and angry while at home with his common law wife and children. His common law wife called the police and Officer Largo responded to the home. Cleveland went outside carrying a rifle and shot Largo in the head, killing him. Cleveland then went back inside the house where he admitted shooting an officer before fleeing the scene. State, local, and tribal law enforcement conducted a large-scale search for Cleveland and located him the next morning hiding under a rock about 1.5 miles away.
Cleveland is currently in custody awaiting sentencing currently scheduled for March 20, 2020. He faces up to life in prison for second-degree murder.
Cleveland also pleaded guilty to violating the terms of his supervised release from a previous assault conviction involving an attack on a woman with a baseball bat. Cleveland failed to abstain from alcohol and complete a residential reentry program as ordered by the court. He faces up to two years in prison for this offense
The Gallup and Albuquerque offices of the FBI and the Crownpoint, Shiprock and Chinle offices of the Navajo Nation Department of Public Safety investigated this case with assistance from the New Mexico State Police, McKinley County Sheriff’s Office, Albuquerque Police Department and Burlington Northern Santa Fe Railroad. Assistant U.S. Attorneys Joseph M. Spindle and Jeremy Peña are prosecuting the case.
11 January 2019
Two Arrested for Possession of A Machinegun During Shooting Committed in Isla Verde on January 6, 2019Read the Press Release
SAN JUAN, Puerto Rico – Today federal authorities arrested Julio Rodríguez-Febres and Angel Luis Olmos-Vargas, participants in the shooting which occurred on Three Kings Day in Isla Verde, Puerto Rico. The Complaint charges Julio Rodriguez-Febrez with one count for possession of a firearm by a convicted felon; and Angel Luis Olmos-Vargas with one count for possession of a machinegun, announced United States Attorney Rosa Emilia Rodríguez-Vélez. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Police of Puerto Rico Bureau (PRPD), as part of the Trigger Puller Initiative, conducted the investigation along with the collaboration of the Puerto Rico Department of Justice.
The affidavit in support of the criminal complaint states that on January 6, 2019, at Zokku’s Lounge Restaurant in Isla Verde at least eight individuals exchanged gunfire with and killed another man. A review of surveillance camera recordings, and law enforcement investigation, showed that Angel Luis Olmos-Vargas and Julio Rodriguez-Febres were involved in the shooting.
If convicted, defendants face a maximum term of ten (10) years of imprisonment. Assistant United States Attorney Alberto Lopez and Vanessa Bonhomme are in charge of the prosecution of the case.
“Today’s arrests should serve as a clear warning to those who think they own our streets. State and federal law enforcement officers are working together to get them off our streets and we will not rest until our citizens feel safe again. I must commend the tireless work of all the agents and prosecutors who investigated this case; through their collaboration they were able to arrest these individuals only five (5) days after the Three Kings Day murder in front of Zokkus lounge in Isla Verde,” said Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico.
“These arrests clearly demonstrate that the federal government will not turn a blind eye to criminality in Puerto Rico and we will not tolerate the delinquency that impacts the lives of all people in Puerto Rico. I could not be prouder to lead the men and women of ATF who work every day with our devoted partners from the Police of Puerto Rico. The arrest of these violent individuals means all Puerto Ricans are safer,” said ATF Special Agent in Charge, Ari C. Shapira.
“As I have previously stated and specifically expressed yesterday, the initiatives—together and in coordination with the federal agencies—are on track, having effect, and we are starting to see the results of our joint efforts. With these actions, we have taken these criminals off our streets. Many more will also be surprised,” said the Secretary of the Department of Public Safety, Héctor M. Pesquera.
“These arrests are the result of the effective teamwork between state and federal law enforcement agencies. We shared information with the federal agencies to solve this case and we will continue working together for the prosecution of state and federal charges related to this incident, which has been under investigation since day one. State authorities will continue with the investigation in order to press charges for the murder of Gregorio Cruz Pérez, along with any other state violation. We will continue undeterred in our fight against crime,” said Attorney General of Puerto Rico, Wanda Vázquez Garced.
The public is reminded that criminal complaints and indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
Twenty-two incarcerated offenders graduate from Project Safe Neighborhoods prevention and reentry programRead the Press Release
ATLANTA – On January 9, 2019, the first group of participants graduated from the U.S. Department of Justice’s new Project Safe Neighborhoods (PSN) prevention and reentry program (known as “A.C.E.S.”) at the Metro Reentry Facility.
The PSN strategy in the Northern District of Georgia marries enforcement efforts with support of prevention and reentry programs to combat violent crime in a lasting way, including by engaging directly with offenders about the consequences of continuing violent behaviors and supporting locally based prevention and reentry efforts.
“This first graduating class from our PSN prevention and reentry program demonstrates how law enforcement can work collaboratively with community programs to connect with the most hard-to-reach populations and prevent violent crime,” said Byung J. “BJay” Pak. “We believe these graduates are on the right path to becoming productive citizens in our community.”
“We appreciate the support of our federal partners in assisting us with creating a safer Georgia,” said Timothy C. Ward, Interim Commissioner, Georgia Department of Corrections. “This program provides a unique opportunity for these individuals to become productive members of their community upon release.”
“Our expectation is that the A.C.E.S. group will become the model of reentry in Georgia,” said Art Powell, founder of EGRESS Consultants and Services, LLC. “Our hope is that these men have prepared themselves to become Credible Messengers to others upon their release. This unique group came from different gangs and criminal organizations, and yet did not have a single fight or issue during their six months together, an amazing accomplishment in itself. They have now formed a bond of camaraderie and mutual support that we hope will become a movement!”
“The A.C.E.S. initiative is a true demonstration of the impact that credible messengers have on reducing crime and restoring communities,” said Deborah Daniels, co-founder of Offender Alumni Association. “A former offender helping another former offender move forward and leave the past behind is the heartbeat of the Offender Alumni Association.”
As part of the PSN program, the U.S. Attorney’s Office partnered with the Georgia Department of Corrections, EGRESS Consultants and Services, LLC, and the Offender Alumni Association, to implement the intensive 6-month long prevention and reentry program for selected young adult repeat offenders at the Metro Reentry Facility who are incarcerated for gun or gang-involved crimes. The program relies upon the Credible Messenger model which utilizes individuals who have relevant life experiences (including their own prior involvement in the criminal justice system) to intervene with the program participants in a group setting.
The program participants themselves chose to name their group “A.C.E.S.” (Adults Committed to Empowerment and Success). Beginning in July 2018, twenty-two (22) A.C.E.S. participants met every week with Credible Messengers to learn how to make better and safer decisions, pursue their goals in preparing for reentry, repair relationships with family and community, and connect to educational, job readiness, and employment opportunities. The Credible Messengers will also serve as mentors for ongoing one-on-one support for the participants upon release. The members of the group were recognized this week for their completion of the PSN program.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Spokane Man Sentenced to 20 Years in Federal Prison for Child Exploitation Offenses Across the CountryRead the Press Release
Spokane, Washington – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Jonathan Paul Holden, age 44, of Mead, Washington, was sentenced after having pleaded guilty on October 11, 2018, to one count of Attempted Online Enticement of a Minor, and three counts of Attempted or Actual Child Pornography Production. United States District Judge Salvador Mendoza, Jr., sentenced Holden to a 20-year term of imprisonment, to be followed by a 20-year term of court supervision after he is released from federal prison.
According to information disclosed during court proceedings, on February 6, 2018, the Southeast Regional Internet Crimes Against Children (“ICAC”) Task Force was conducting an online sting operation in which a law enforcement officer was working in an undercover capacity, purporting to be a 13-year old girl. Holden communicated online with the undercover officer in a sexually-explicit manner, believing that he was communicating with a child. During the online communications, Holden arranged to meet the purported girl later that day in Richland, Washington, for oral sex. When Holden arrived at the meet location, he was immediately arrested and taken into custody. A forensic examination of Holden’s digital devices and electronic media accounts revealed that Holden had been engaging in the solicitation of children for sex and child pornography for many years and all around the country. ICAC officers contacted Holden’s victims, and learned that the three principal victims with whom he had engaged in overt and explicit sexual communications and efforts to obtain child pornography were 13, 15, and 17 years old. These victims lived in Atlanta, Georgia, Houston, Texas, and Las Vegas, Nevada. Another victim who came forward during the investigation notified law enforcement that Holden had sexually abused her when she was 13 years old.
Holden’s federal case is a component of a global resolution negotiated in conjunction and consultation with the Spokane and Benton County Prosecutor’s Offices. Those offices have filed additional State charges against Holden for other criminal acts.
Joseph H. Harrington said, “Parents, please speak with your children about the dangers of chatting online so we can keep all our children safe. This case demonstrates the importance of undercover online enticement sting operations by law enforcement and their effectiveness in apprehending child predators; these operations lead to the apprehension of hands-on contact offenders. I commend the outstanding and dedicated work of federal, state and local law enforcement. The sentence imposed sends a strong message to would-be child predators and pornographers that federal, state and local law enforcement will work together to hold you accountable and bring you to justice. The United States Attorney’s Office for the Eastern District of Washington will continue to prosecute aggressively anyone who commits these horrible crimes against children.”
“Predators who chat online and view pornographic images of children fuel the disturbing actions of likeminded criminals who create the illegal content. Both rob the innocence of their victims and leave permanent scars that can never be entirely healed,” said Brad Bench Special Agent in Charge for Homeland Security Investigations (HSI) Seattle. “This case should send a clear message to those trolling the Internet to victimize children – you will be caught and pay with your freedom for such crimes. HSI will continue to work closely with our law enforcement partners to investigate these predators and ensure that they feel the full weight of the law.”
This case was pursued as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:
· Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;
· Participation of PSC partners in coordinated national initiatives;
· Increased federal enforcement in child pornography and enticement cases;
· Training of federal, state, and local law enforcement agents; and
· Community awareness and educational programs.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
This case was investigated by the Southeast Regional ICAC Task Force, the United States Department of Homeland Security, Homeland Security Investigations, and the Washington ICAC task force with assistance from the Seattle Police Department. Essential support was provided by ICAC affiliates with the Cobb County Police Department Special Victims Unit in Cobb County, Georgia, and the Tomball Police Department, in Tomball, Texas, as well as Homeland Security Investigations in Las Vegas, Nevada. The case was prosecuted by David Herzog, an Assistant United States Attorney for the Eastern District of Washington.
Repeat Child Sex Offender Sentenced to 10 Years in PrisonRead the Press Release
LOUISVILLE, Ky. – United States District Court Judge Greg N. Stivers this week sentenced a repeat child sex offender to 10 years imprisonment followed by a life term of supervised release, announced United States Attorney Russell M. Coleman.
William Lawrence Taylor, 68, was indicted on one count of possession of child pornography on July 25, 2018.
According to the plea agreement, Taylor in 2004 pleaded guilty to online enticement of a minor in Georgia, and was sentenced to 168 months of imprisonment followed by 5 years of supervised release. Upon his release from prison in 2016, Taylor moved to Big Clifty, Kentucky. During an unannounced visit to his home on January 11, 2018, Taylor was found to have a female and an 11-year-old child living with him – a violation of his supervised release. During a follow-up meeting, a United States Probation Officer obtained consent for a search of Taylor's cell phone. The United States Secret Service conducted a forensic examination of the cell phone. That examination revealed the presence of child pornography, adult pornography, and sexually explicit images of children in cartoon format. Taylor obtained the images from the internet.
Assistant United States Attorney Jo E. Lawless prosecuted the case. The United States Probation Office with assistance from the United States Secret Service investigated the case.
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This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.
Phenix City Chiropractor Receives 37-Month Sentence for Conspiring to Commit Wire Fraud Related to Truck Driver PhysicalsRead the Press Release
Montgomery, Alabama – On Thursday, January 10, 2019, Dr. Kenneth G. Edwards, 65, a resident of Columbus, Georgia and previously a practicing chiropractor in Phenix City, Alabama, received a 37-month for conspiring to commit wire fraud, announced United States Attorney Louis V. Franklin, Sr. Dr. Edwards orchestrated a scheme to conduct fraudulent physical examinations on prospective long-haul truck drivers and then submitted false documents to the United States Department of Transportation (USDOT).
According to court documents, Dr. Edwards was registered with the USDOT to conduct physical examinations on those seeking commercial driver’s licenses (CDLs). Federal regulations require that anyone who holds a CDL undergo a thorough physical examination at least once every two years. These regulations ensure that CDL-holders are physically capable of operating 18-wheel tractor-trailers without putting other motorists at risk.
Contrary to his agreement with the USDOT, Dr. Edwards did not thoroughly examine the applicants who came to him for their USDOT-required physicals. Instead, he collected cash payments from the applicants and then signed forms indicating that the applicants were physically capable of driving commercial vehicles. In many instances, Dr. Edwards certified an applicant’s physical fitness without conducting even a partial physical examination. Sometimes, Dr. Edwards permitted his staff to conduct physical examinations and then stamp his signature on the USDOT forms. On occasion, Dr. Edwards knowingly failed to report to the USDOT conditions that would have disqualified an applicant from obtaining a CDL. For example, as discussed in court on Thursday, on one occasion, Dr. Edwards reported that an applicant had 20/20 vision in both eyes. In fact, one of the applicant’s eyes was prosthetic.
At the sentencing hearing, Chief United States District Judge W. Keith Watkins described Dr. Edwards’s crime as a “serious” one. Chief Judge Watkins also found that Dr. Edwards had abused the trust placed in him by the USDOT to conduct physicals and that, as a result of his offense, Dr. Edwards had fraudulently obtained approximately $224,000.
“To make a few easy bucks, Dr. Edwards was willing to risk putting physically unqualified individuals behind the wheels of large commercial vehicles,” announced United States Attorney Franklin. “Our region’s roadways became more dangerous as a result of Dr. Edwards’s greed. It is my hope that Dr. Edwards’s case will send a message to other health care providers who might take shortcuts like the ones that led Dr. Edwards to spending 37 months in federal prison. My office will not tolerate the placing of profit over the well-being of society.”
This case was investigated by the United States Department of Transportation’s Office of Inspector General with assistance from the Alabama Law Enforcement Agency. Assistant United States Attorneys Jonathan S. Ross and Thomas R. Govan, Jr. prosecuted the case.
Omaha Man and Woman Plead Guilty to Conspiring to Commit Bank FraudRead the Press Release
United States Attorney Joe Kelly announced that Charles F. Martin, 57, and Sherri L. Atkins, 59, pleaded guilty to felony conspiracy to commit bank fraud, in violation of Title 18, United States Code, Section 371. Martin pleaded guilty on January 10, 2019, before Magistrate Judge Michael D. Nelson. Atkins, before Judge Nelson, pleaded guilty today.
During an investigation conducted by Agents with the Federal Bureau of Investigation and U.S. Postal Inspection Service it was determined that from 2010 to 2013, Martin and Atkins, owners of IROCK Concrete, LLC, a business formerly located in Gretna, Nebraska, repeatedly submitted materially false and fraudulent financial statements and business records to multiple local financial institutions in the District of Nebraska. The false financial documents misrepresented the financial status of IROCK, LLC. Martin and Atkins provided the false financials in an effort to obtain and maintain loans that had been made to the company. The government alleges two financial institutions suffered losses exceeding $4.9 million dollars.
Martin and Atkins are scheduled to be sentenced on April 18, 2019, by Chief United States District Court Judge John M. Gerrard.
This case was investigated by the Federal Bureau of Investigation and the U.S. Postal Inspection Service.
McKees Rocks Man Admits Guilt in Series of Summer 2017 Bank RobberiesRead the Press Release
PITTSBURGH, PA. - A resident of McKees Rocks, pleaded guilty in federal court to charges of violating federal robbery laws, United States Attorney Scott W. Brady announced today.
Cleo Kevin McLee, 33, pleaded guilty to five counts before United States District Judge Nora Barry Fischer.
In connection with the guilty plea, the court was advised that on July 8, 2016, Cleo Kevin McLee robbed the First Niagara Bank on Wabash Street in Pittsburgh, PA of $2,050.00. McLee also robbed the First Niagara Bank on Sixth Avenue in Pittsburgh, PA of $600.00 on August 15, 2016; the Dollar Bank on Smithfield Street in Pittsburgh, PA of $800.00 on August 16, 2016; and the Dollar Bank on Walsh Road in Crafton, PA of $900.00 on August 22, 2016. McLee then attempted to rob the First Niagara Bank on Murray Avenue in Pittsburgh, PA on August 25, 2016..
Judge Fischer scheduled sentencing for June 28, 2019 at 11:30 a.m. The law provides for a total sentence of twenty (20) years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Cindy K. Chung is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pittsburgh Bureau of Police, Crafton Borough Police Department, and Allegheny County Police Department conducted the investigation that led to the prosecution of McLee.
McKees Rock Man Pleads Guilty in Series of Summer 2016 Bank RobberiesRead the Press Release
PITTSBURGH, PA. - A resident of McKees Rocks, pleaded guilty in federal court to charges of violating federal robbery laws, United States Attorney Scott W. Brady announced today.
Cleo Kevin McLee, 33, pleaded guilty to five counts before United States District Judge Nora Barry Fischer.
In connection with the guilty plea, the court was advised that on July 8, 2016, Cleo Kevin McLee robbed the First Niagara Bank on Wabash Street in Pittsburgh, PA of $2,050.00. McLee also robbed the First Niagara Bank on Sixth Avenue in Pittsburgh, PA of $600.00 on August 15, 2016; the Dollar Bank on Smithfield Street in Pittsburgh, PA of $800.00 on August 16, 2016; and the Dollar Bank on Walsh Road in Crafton, PA of $900.00 on August 22, 2016. McLee then attempted to rob the First Niagara Bank on Murray Avenue in Pittsburgh, PA on August 25, 2016..
Judge Fischer scheduled sentencing for June 28, 2019 at 11:30 a.m. The law provides for a total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Cindy K. Chung is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pittsburgh Bureau of Police, Crafton Borough Police Department, and Allegheny County Police Department conducted the investigation that led to the prosecution of McLee.
Man Sentenced for Assaulting Federal Officer on Omaha ReservationRead the Press Release
United States Attorney Joe Kelly announced that Waylon Blackbird, 28, was sentenced in federal court today in Omaha, Nebraska, for Assaulting, Resisting, and Impeding a Federal Officer. The Honorable Laurie Smith Camp sentenced Blackbird to 36 months’ imprisonment. There is no parole in the federal system. After completing his term of imprisonment, Blackbird will begin a three-year term of supervised release.
On May 19, 2018, Blackbird assaulted an officer with the Omaha Nation Law Enforcement Services when the officer attempted to handcuff Blackbird after responding to a report of a domestic assault at a residence on the Omaha Indian Reservation. Blackbird struck the officer in the face, causing a laceration and breaking the officer’s I-Kam video recording glasses.
The case was investigated by the Federal Bureau of Investigation and Omaha Nation Law Enforcement Services.
Louisiana Woman Pleads Guilty to Faking Her Own KidnappingRead the Press Release
Jackson, Miss. – Sharday Monique Thomas, 32, of Hammond, Louisiana, pled guilty before Chief U.S. District Judge Daniel P. Jordan, III, to one count of wire fraud for her scheme to fraudulently obtain money by faking her own kidnapping, announced U.S. Attorney Mike Hurst and Federal Bureau of Investigation (“FBI”) Special Agent in Charge Christopher Freeze.
On November 27, 2018, FBI Special Agents in Jackson, Mississippi, were contacted by FBI Agents in Monroe, Louisiana, regarding allegations that an individual by the name of Sharday Thomas had been kidnapped and would be killed if a ransom was not delivered to a location in Jackson, Mississippi. The purported kidnapper had contacted a former employer of Thomas by way of text messages from Thomas' cell phone. The text messages stated that Thomas was being held against her will and instructed the former employer to bring $4,500.00 cash to an address in Jackson or Thomas would be killed.
The text messages included specific threats such as, "No cops or she die," "I'm tired of waiting my trigger finger is itching," "Now or I'll blow her head off," and "I want my money now or she dies," among others. The former employer, who was also being assisted by the Louisiana State Police, requested proof of life and spoke to Thomas on two instances. Thomas told him that she would be killed if the ransom money was not delivered as instructed.
With the assistance of the FBI in New Orleans, FBI Special Agents in Jackson were able to determine that Thomas was actually at an address near the location in Jackson where the money was to be delivered. The agents located Thomas and quickly determined that she had not actually been kidnapped. Thomas was found in possession of the cell phone from which the phone calls and texts had been sent. After being advised of her rights, Thomas confessed to staging the kidnapping on her own and to sending text messages and phone calls in order to fraudulently obtain money from her former employer. Thomas consented to the search of her phone's contents, and agents observed the text message chain used to stage her kidnapping.
Thomas will be sentenced by Judge Jordan on April 18, 2019, and faces a maximum penalty of 20 years in federal prison and a $250,000 fine.
The case was investigated by the Federal Bureau of Investigation and the Louisiana State Police. It is being prosecuted by Assistant United States Attorney Dave Fulcher.
Iraqi Citizen Sentenced to Prison for Scheme to Smuggle Firearms to Kurdish Militia in Northern IraqRead the Press Release
An Iraqi citizen who conspired to ship firearms to Kurdish militia members in Iraq, was sentenced today in U.S. District Court in Seattle to one year in prison and three years of supervised release for conspiring to smuggle goods from the United States, announced U.S. Attorney Annette L. Hayes. RAWND KHALEEL ALDALAWI, 30, was arrested January 24, 2018 in Bellevue, Washington. The investigation and arrest followed the discovery of some 47 firearms concealed in two vehicles being shipped through Turkey to Kurdistan, a part of northern Iraq. U.S. District Judge Robert S. Lasnik imposed the sentence.
“This defendant sent weapons into a war zone where U.S. troops are stationed,” said U.S. Attorney Annette L. Hayes. “We don’t know where those guns wound up – whether in the hands of those attacking innocents, U.S. troops, or other allies. This scheme increased the risks of violent attack for those living in an already dangerous part of the world – exactly what our arms export laws are enacted to protect.”
According to records filed in the case, between October 2016 and November 2017, ALDALAWI and co-defendant Paul Stuart Brunt, 52, of Bellevue, engaged in a scheme to smuggle firearms from the U.S. to people associated with the Peshmerga military in Kurdistan. Brunt purchased the firearms at gun stores and gun shows around the Puget Sound region. The men then attempted to ship the guns from the Port of Seattle through Turkey and on to Iraq, hidden in the side panels and trunk cavities of vehicles. In the first shipment in February 2017, some 30 guns were hidden in three cars. In the second shipment in November 2017, 47 firearms were concealed in two vehicles. That second shipment was discovered by authorities in Turkey, and the shipment was traced back to Brunt and ALDALAWI. The men had not obtained any export licenses for the firearms and smuggled them in violation of the Arms Export Control Act.
Co-Defendant Brunt pleaded guilty in July 2018 and is scheduled for sentencing March 1, 2019.
The case is being investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
The case is being prosecuted by Assistant United States Attorney Thomas Woods. The U.S. Department of Justice National Security Division is assisting with the prosecution.
Note: During the lapse in appropriations, the U.S. Attorney’s Office for the Western District of Washington is required to curtail certain of its operations pursuant to applicable law and policy. Nevertheless, the office continues to fulfill its law enforcement responsibilities by prosecuting criminal cases. The office will continue to provide public information about certain significant cases including those impacting national security.
Hoboken, New Jersey, Man Charged with Using U.S. Mails to Promote Voter Bribery SchemeRead the Press Release
NEWARK, N.J. – A Hoboken, New Jersey, man has been charged with promoting a voter bribery scheme by use of the U.S. mail, U.S. Attorney Craig Carpenito announced today.
William Rojas, 68, is charged by complaint with a violation of the federal Travel Act for causing the mails to be used in aid of voter bribery contrary to New Jersey state law. He is scheduled to have his initial appearance this afternoon before U.S. Magistrate Judge Cathy L. Waldor in Newark federal court.
According to documents filed in this case and statements made in court:
Under New Jersey law, registered voters are permitted to cast a ballot by mail rather than in person. To receive a mail-in ballot, voters must complete and submit to their county clerk’s office an Application for Vote by Mail Ballot (VBM Application). After the application is processed by the county clerk’s office, voters receive a mail-in ballot.
From September 2015 through November 2015, Rojas agreed to pay certain Hoboken voters $50 if those voters applied for and cast mail-in ballots for the November 2015 Hoboken municipal election. Rojas provided these voters with VBM Applications, told the voters that they would get paid $50 for casting mail-in ballots, and then delivered the completed VBM applications to the Hudson County Clerk’s office. After the mail-in ballots were delivered to the voters, Rojas went to the voters’ residences to collect the mail-in ballots and mailed the completed mail-in ballots to the Hudson County Clerk’s Office. After the election, Rojas delivered checks to these voters. Bank records show that voters living in Hoboken received $50 checks from an entity associated with the campaign that employed Rojas.
Rojas faces a maximum penalty of five years in prison and a $250,000 fine.
U.S. Attorney Craig Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, and special agents of the U.S. Department of Housing and Urban Development, Office of the Inspector General, under the direction of Special Agent in Charge Christina Scaringi, with the investigation leading to the charge.
The government is represented by Assistant U.S. Attorney Sean Farrell of the U.S. Attorney’s Office’s Special Prosecutions Division and Assistant U.S. Attorney Rahul Agarwal, Deputy Chief of the Criminal Division.
The charge and allegations in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Four Arrested on Child Pornography ChargesRead the Press Release
SAN JUAN, Puerto Rico – In four separate cases, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Federal Bureau of Investigation (FBI) special agents, working under the scope of the Puerto Rico Crimes Against Children Task Force, arrested Friday in San Juan, Puerto Rico four men charged with possession and distribution of child pornography.
HSI special agents arrested Ruben Alfonso Cautino-Latoni, 29, of Guaynabo, for possessing child pornography. According to the indictment, Cautino-Latoni possessed child pornography in the form of images and videos of prepubescent minors engaging in sexually explicit conduct.
HSI special agents arrested another man charged with possession and distribution of child pornography. According to the indictment, Jorge A. Perez-Ninham, 27, of Arecibo, possessed child pornography in the form of images and videos of prepubescent minors engaging in sexually explicit conduct.
In an unrelated case, Christian Alexis Velazquez-Nieves, 20, of Guayanilla, was also arrested by HSI agents for possessing images of minors engaging in sexually explicit conduct.
HSI agents also arrested and Samuel Mendoza-Reyes, 49, of Carolina, for possession of child pornography in the form of images and videos minors engaging in sexually explicit conduct. Mendoza Reyes was a member of the Puerto Rico National Guard at the time of his arrest.
All men had their initial appearance hearings before U.S. Magistrate Judge Camille Velez-Rive and were transferred to the Guaynabo Metropolitan Detention Center.
“Child exploitation investigations continue to be one of HSI’s highest priorities,” said Iván J. Arvelo, special agent in charge of HSI San Juan. “No crime affects us more deeply than the exploitation of innocent children. We will continue working with our federal, state and local partners to identify arrest and prosecute those who in the cruelest manner steal the innocence of our children.”
This investigation was conducted under HSI’s Operation Predator, an international initiative to protect children from sexual predators. Since the launch of Operation Predator in 2003, HSI has arrested more than 16,000 individuals for crimes against children, including the production and distribution of online child pornography, traveling overseas for sex with minors, and sex trafficking of children. In fiscal year 2016, more than 2,600 child predators were arrested by HSI special agents under this initiative and more than 800 victims identified or rescued.
HSI encourages the public to report suspected child predators and any suspicious activity through its toll-free Tip Line at 1-866-DHS-2-ICE or by completing its online tip form. Both are staffed around the clock by investigators. From outside the U.S. and Canada, callers should dial 802-872-6199. Hearing impaired users can call TTY 802-872-6196.
Suspected child sexual exploitation or missing children may be reported to the National Center for Missing & Exploited Children, an Operation Predator partner, via its toll-free 24-hour hotline, 1-800-THE-LOST.
For additional information about wanted suspected child predators, download HSI’s Operation Predator smartphone app or visit the online suspect alerts page. HSI is a founding member of the Virtual Global Taskforce, an international alliance of law enforcement agencies and private industry sector partners working together to prevent and deter online child sexual abuse.
Five-Time Convicted Felon Found Guilty on Gun & Drug ChargesRead the Press Release
LOUISVILLE, Ky. – Cherosco Brewer, age 35, of Louisville, Kentucky, was found guilty on Thursday in United States District Court following a four day jury trial, announced United States Attorney Russell M. Coleman.
The jury convicted Brewer on all counts of a federal indictment which charged the following: possession of a firearm by a convicted felon, possession with intent to distribute cocaine; possession with intent to distribute marijuana, and possession of a firearm in furtherance of a drug trafficking crime. Brewer faces 30 years to life in federal prison. There is no parole in the federal system.
“There is no daylight between federal, state, and local law enforcement to remove the most violent offenders from the streets of our city,” stated U.S. Attorney Russell Coleman. “We are committed to continuing to work together towards a safer Louisville in 2019.”
According to the evidence presented at trial, on November 11, 2015, Louisville Metro Police Department Detectives Tyler Holland and Holly Hogan initiated a traffic stop involving a 2013 Dodge Charger on suspicion of excessive window tint. The officers identified the driver as Brewer. During the stop, a narcotics detection dog alerted on the outside of the car. The officers then ran the dog through the passenger compartment of the car. While inside the car, the dog alerted on the area around the steering column. During a search of the car, officers found several baggies of marijuana packaged for sale as well as a loaded Glock .40 caliber handgun wrapped in a cloth napkin and hidden under the steering column. When officers arrested Brewer, they recovered $920 in cash and seven cell phones which were in his possession. After his arrest on November 11, 2015, Brewer posted a cash bond and was released from state custody.
On November 12, 2015, LMPD Detective Chad Stewart conducted a traffic stop involving a 2010 Ford Taurus on suspicion of excessive window tint. Brewer was driving the car and told police it belonged to his wife. During the traffic stop, a narcotics dog alerted on the outside of the Taurus. When officers conducted a search of the car they recovered approximately fifteen individual bags of cocaine which were packaged for sale, wrapped in a cloth, and hidden behind the dash panel. Officers also recovered $885 in cash and three cell phones from Brewer.
Brewer has five previous felony convictions in Jefferson County Circuit Court for trafficking cocaine, flagrant non-support, possession of a handgun by a convicted felon, and receiving stolen property over $300.
The conviction of Brewer on Thursday follows the 2018 conviction of Jamar Garrison on gun and drug charges. Garrison, who is also a previously convicted felon and a habitual drug dealer with a history of gang violence, was also arrested by LMPD officers after a traffic stop. Garrison is scheduled to be sentenced in federal court later this month.
This case is being prosecuted by Assistant United States Attorneys Erin McKenzie and Corinne Keel and was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Louisville Metro Police Department (LMPD) with assistance from the Louisville Metro Intelligence Task Force (LMINTEL).
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Kentucky. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone
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Federal Jury Orders Mongols Motorcycle Gang to Forfeit LogosRead the Press Release
SANTA ANA, California – After finding the Mongols outlaw motorcycle gang guilty of racketeering offenses last month, a federal jury today determined that the criminal organization should forfeit the logos worn by members, finding that there was a direct connection between the gang’s crimes and the trademarked logos that prosecutors said formed the core of the motorcycle gang’s identity.
The forfeiture verdict culminates a decade-long prosecution of the Mongol Nation criminal enterprise and 77 members who were previously found guilty of racketeering offenses.
Today’s verdict – which will result in the forfeiture of the Mongol’s legal interests in the word “Mongols,” the gang’s center patch that depicts a goateed motorcycle rider, and combination of the two patches often seen on the Mongols’ leather vests – is the first of its kind in the nation. The verdict also ordered the forfeiture of scores of items bearing the Mongols name and logo that were seized during a lengthy investigation into the gang. During closing arguments earlier this week, prosecutors said members of the Mongols were “empowered by these symbols that they wear like armor.”
Pursuant to federal criminal forfeiture law, the verdict requires the entry of a “preliminary order of forfeiture” as part of the sentencing on the Mongols’ RICO convictions, according to documents filed by prosecutors. With further litigation expected on the forfeiture of the name and logo, prosecutors at this time have not asked the court for an order that would permit authorities to seize additional items bearing the name and logo from individual members of the gang.
“The Mongols are a notorious criminal organization whose members regularly engage in violent acts against law enforcement officers, rival gangs and members of the public,” said United States Attorney Nick Hanna. “The verdicts in this case brand the Mongols as a racketeering enterprise and direct the forfeiture of property used by the gang for decades to encourage and reward numerous acts of murder, assault and drug trafficking. The prosecution of an organization built around crime realizes one of the most important goals of the RICO Act – the eradication of organized crime by providing enhanced sanctions, including forfeiture, that attack the sources of a criminal enterprise’s economic power and influence.”
“ATF spent decades infiltrating and working to shut down this criminal organization which engages in heinous violent acts,” said Bill McMullan, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Los Angeles Field Division. “We are proud our work resulted in their unity symbol, the Mongol patch, being forfeited.”
At the conclusion of the guilt phase of the gang’s trial on December 13, the jury convicted the Mongol Nation of violating the Racketeer Influenced and Corrupt Organizations (RICO) Act, as well as conspiring to violate the RICO Act. In rendering its verdict on the substantive RICO count, the jury specifically found that the Mongols constituted a criminal enterprise that was responsible for a murder, an attempted murder, a narcotics-trafficking conspiracy and two methamphetamine transactions. The RICO conspiracy charge included not only the five substantive racketeering acts, but five additional homicides, nine assaults and a series of narcotics transactions, one of which involved the seizure of more than 13 kilograms of cocaine.
In court last month, a federal prosecutor called the organization “a beehive of pernicious criminal activity.”
The case against the gang was filed in 2013, following a 2008 indictment of individual Mongols members – 77 of whom pleaded guilty to violating the RICO statute. The two criminal cases were before a total of four federal judges and were the subject of extensive litigation, including a separate civil lawsuit filed by an uncharged Mongols member.
The cases were the result of an investigation – Operation Black Rain – led by the Bureau of Alcohol, Tobacco, Firearms and Explosives in which four male ATF agents worked undercover and successfully infiltrated the Mongols to become full-patch members. Four female ATF agents also went undercover to pose as their girlfriends. The undercover agents developed and maintained biker personas, and they had to undergo rigorous scrutiny by the Mongols to be accepted as members. When one of the ATF agents received his patch, one of the gang’s members said: “Being a Mongol promises you one of two things – death or prison.”
United States District Judge David O. Carter, who oversaw the trial of the RICO case against the Mongols gang, will schedule a hearing to impose the sentence on the organization. In addition to the forfeiture, the Mongols may be subject to monetary fines.
Couple Convicted of Forcing Young, West African Girl to Labor in Their Southlake, Texas, Home for 16 YearsRead the Press Release
Defendants Mohamed Toure and Denise Cros-Toure, of Southlake, Texas, were convicted late yesterday by a federal jury in Ft. Worth, Texas, of forced labor and other federal felonies for compelling the domestic labor of a young, undocumented West African girl for 16 years. The verdicts were announced by Assistant Attorney General Eric Dreiband the Justice Department’s Civil Rights Division, U.S. Attorney Erin Nealy Cox of the Northern District of Texas, and Special Agent in Charge Jeffrey McGallicher of the U.S. Department of State’s Diplomatic Security Service (DSS) Houston Field Office.
“The defendants preyed on a young and extremely vulnerable girl. Their despicable actions included cruelly abusing her, forcing her to work in their home, hidden in plain sight, for years without pay, and robbing her of her childhood,” said Assistant Attorney General Eric Dreiband. “Human trafficking is a disgraceful and unacceptable crime, and this verdict should send the very clear message that the Justice Department will investigate and vigorously prosecute these cases to hold human traffickers accountable and bring justice to their victims.”
“Our district is passionate about combatting forced labor. I’m gratified that we were able to obtain a measure of justice for this young woman, who suffered for years at the hands of this couple – people who assumed they could deprive a little girl of her rightful freedoms with impunity,” said U.S. Attorney Nealy Cox. “I’m especially grateful to the witnesses who helped rescue this woman and brought the defendants’ crimes into the light of day. If we want to wipe out human trafficking, we need the whole community to support the effort and be alert.”
“This verdict sends a strong message: Diplomatic Security is committed to making sure that those who exploit and traffic individuals, especially children, will face consequences for their criminal actions,” said Jeffrey McGallicher, Special Agent in Charge of the DSS Houston Field Office.
Following a four-day trial, the jury convicted the defendants of forced labor, conspiracy to commit alien harboring, and alien harboring. The defendants were acquitted of conspiracy to commit forced labor, and defendant Mohamed Toure was acquitted of making false statements to federal agents.
According to the evidence presented in court, in January 2000, the defendants arranged for the victim, then a young child, to travel alone from Guinea to Southlake, Texas, to work as their servant. The defendants were from powerful, wealthy, and politically connected families in Guinea, while the victim was uneducated, impoverished, and from a small, rural village. When the victim’s mother learned that the defendants were bringing the victim to the United States, she unsuccessfully attempted to hide her because she “didn’t want her [daughter] to be someone’s slave.” Despite her mother’s efforts, the defendants managed to bring the victim to Texas where they required her to cook, clean, and take care of their biological children, some of whom were close in age to the victim, without pay for the next 16 years.
The evidence further showed that the defendants gained the victim’s compliance from an early age and abused her to maintain that compliance. The defendants isolated the victim, deprived her of basic opportunities they afforded their children, and rendered her completely dependent on them for everything. While the defendants’ children attended school and some attended college, the defendants prevented the victim from doing the same and never enrolled her in school. When the victim disobeyed or otherwise did not perform the required labor to their liking, the defendants physically, emotionally, and verbally punished her. The defendants called the victim a “dog,” “slave,” “worthless” and an “idiot,” and repeatedly hit her. Defendant Denise Cros-Toure choked the victim on multiple occasions, pulled her hair, and whipped her with an electrical cord after realizing that the belt she had been using was no longer causing sufficient pain. On one occasion, defendant Mohamed Toure held the victim down, sitting on her back, while defendant Cros-Toure hit her. As another form of punishment, defendant Cros-Toure expelled the victim from their house, forcing her to sleep alone in a nearby park, where she kept warm using a public restroom hand dryer. Defendant Toure also shaved the victim’s head, because defendant Cros-Toure did not like the appearance of her hair. On another occasion, defendant Cros-Toure hosed off the victim outside because she thought the victim smelled. After years of abuse and being forced to work for the defendants, the victim was able to escape in 2016 with the assistance of several neighbors.
Sentencing has not yet been scheduled. The defendants face a maximum sentence of 20 years for forced labor, a maximum sentence of 10 years for conspiracy to commit alien harboring, and a maximum sentence of 5 years for alien harboring. Restitution in this case is mandatory under the law.
The U.S. Department of State’s Diplomatic Security Service, Houston Field Office, investigated the case. It is being prosecuted by Trial Attorney Rebekah Bailey and Special Litigation Counsel William Nolan of the Civil Rights Division’s Criminal Section and Human Trafficking Prosecution Unit and Assistant U.S. Attorney Alex Lewis for the Northern District of Texas.
Chicago, IL, Man Found Guilty of Distributing Fentanyl that caused the Death of a Williston, ND ManRead the Press Release
BISMARCK – U.S. Attorney Christopher C. Myers announced that on January 11, 2019, Yancey J. Myers, a/k/a “Yam,” 39, Chicago, IL, was found guilty by a federal jury on charges of conspiracy to distribute and possess with intent to distribute heroin, distribution of a controlled substance and controlled substance analogue resulting in death, and distribution of heroin. United States District Court Chief Judge Daniel L. Hovland presided.
On May 27, 2017, Yancey J. Myers distributed a substance containing a detectable amount of heroin and acryl fentanyl in Williston, ND. The use of the substance by the 23-year-old Williston man resulted in his death. An autopsy conducted by the North Dakota Forensic Medical Examiner’s Office determined the cause of death was combined opioid drug poisoning due to the use of diacetylmorphine (heroin) and acryl fentanyl. The jury found that Yancey J. Myers had distributed and conspired with others to distribute heroin in the Williston community beginning in or about 2016 and continuing through the death of the Williston man. Yancey J. Myers was arrested while attempting to board a train in Minot, ND, destined for Chicago, IL, on May 29, 2017.
The charge of conspiracy to distribute and possess with intent to distribute heroin carries a statutory maximum penalty of 20 years in federal prison and a $1,000,000 fine; the charge of distribution of a controlled substance and controlled substance analogue resulting in death carries a minimum/mandatory penalty of 20 years in federal prison, a statutory maximum penalty of life in federal prison, and a $1,000,000 fine; and the charge of distribution of heroin carries a statutory maximum penalty of 20 years in federal prison and a $1,000,000 fine.
The case was investigated by the Federal Bureau of Investigation, Williston Police Department, Northwest Narcotics Task Force, and North Dakota Bureau of Criminal Investigation.
Sentencing for Yancey J. Myers has not been scheduled at this time.
Assistant U.S. Attorney Rick Volk is prosecuting the case.
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Berkeley County woman admits to drug distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Samione Monay Jones, of Martinsburg, West Virginia, has admitted to a drug distribution charge, United States Attorney Bill Powell announced.
Jones, age 31, pled guilty to one count of “Aiding and Abetting Distribution of Cocaine Base ‘Crack’.” Jones admitted to selling “crack” cocaine in May 2017 in Berkeley County.
Jones faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecutor’s Office, is prosecuting the case on behalf of the government. The Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
10 January 2019
Wasilla Man Sentenced to 50 Years for Child Exploitation CrimesRead the Press Release
Anchorage, Alaska – United States Attorney Bryan Schroder announced today that Justin Raymond Nekeferoff, 32, resident of Wasilla, Alaska, was sentenced today by United States District Judge Timothy M. Burgess, to 50 years in prison, to be followed by a lifetime term of supervised release, for attempted production of child pornography and attempted enticement of a minor.
According to evidence presented at trial, in 2015 a witness told law enforcement that Nekeferoff was expressing a desire to have sex with children as young as four years old. The witness provided law enforcement officers with multiple text messages from Nekeferoff in which he stated that he liked to look at “lil girls in the stores,” and expressed his desire to perform sex acts with a “young girl” and a girl between the ages of “4-8.” In another message provided by the witness, the defendant wrote, “I wanna take a girl’s virginity [a]nd ejaculate inside her.” The witness also told law enforcement that Nekeferoff had spoken frequently about molesting other children, including a five- and 15-year-old girl.
Law enforcement arrested the defendant when he went to a Wasilla motel in order to meet a mother and her eight-year-old daughter for the purpose of having sex with the child. In truth, the mother was an FBI agent and the child was fictional. In a statement to police at the time of his arrest, the defendant admitted that he went to the motel to have sex with the fictional mother and her daughter. The defendant said that he thought about having sex with kids “all the time,” and admitted to having molested other children previously.
At sentencing, Judge Burgess stated that his primary concern was protection of the public from the defendant, who he described as a person who was “compelled and driven to have sex with girls between the ages of 4 and 8. That is what he wants; that is what he is looking for the opportunity to do.” Judge Burgess went on to describe the defendant as a “dangerous person, he is a danger to young girls.” Judge Burgess noted that the defendant was himself the victim of sexual abuse as a child, however, that did not diminish the severity of his conduct or the Court’s desire to “[make] sure our children are protected.” “He is what he is, and I can’t change it,” said Judge Burgess, “what I can do is make sure children are protected from him.”
In commenting on the proactive FBI investigation that led to the defendant’s arrest, Judge Burgess stated, “I think it is fortunate he was caught before he had the chance to further victimize young girls.”
This case was investigated by the Federal Bureau of Investigation, and the Anchorage Police Department, Crimes Against Children Unit (CACU). Former Assistant United States Attorney (AUSA) Audrey Renschen and AUSA Kyle Reardon prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices nationwide and the Criminal Division’s Child Exploitation and Obscenity Section, 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.
Three Members of Trafficking Organization Charged in Manhattan Federal Court with Racketeering, Sex Trafficking, and Narcotics OffensesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing today of an Indictment charging WILLIAM BAZEMORE, WARREN BRYANT, and MARQUIS JACKSON with racketeering, sex trafficking, and drug trafficking offenses.
Two defendants were taken into custody last night and today and will be presented and arraigned before U.S. Magistrate Judge Katharine H. Parker later today. A third defendant is in state custody and will be transferred to federal custody. The case is assigned to U.S. District Judge Analisa Torres.
U.S. Attorney Geoffrey S. Berman said: “As alleged in the indictment, this organization trafficked significant quantities of drugs across the northeast of the United States and forced women, through violence, threats of violence, and coercive tactics, to further the drug business and engage in prostitution for the organization’s financial benefit. Thanks to the extraordinary work of the FBI, the NYPD, and Special Agents in the U.S. Attorney’s Office, the defendants will now face justice in federal court.”
NYPD Commissioner James P. O’Neill said: “Today’s charges further affirm the NYPD’s unwavering commitment to protecting the survivors of sex trafficking. This crime is among the most heinous in our society. Our job is to ensure that anyone who would seek to profit through the abuse and exploitation of another human being be brought to justice swiftly and successfully. To that end, I thank and commend the U.S. Attorney’s Office for the Southern District and the FBI for their unparalleled support in building this critical case. Together, we will continue to make the safest large city in the nation even safer.”
As alleged in the Indictment unsealed today in Manhattan federal court[1]:
WILLIAM BAZEMORE, WARREN BRYANT, and MARQUIS JACKSON were members of a criminal enterprise (the “Organization”) involved in various criminal acts, including drug distribution, sex trafficking, kidnapping, and obstruction of justice, in and around New York City, Maine, and Connecticut. Members and associates of the Organization transported heroin and crack cocaine between New York, Connecticut, and Maine, including by, using female addicts as drug couriers to secrete drugs on their persons and transport drugs and drug proceeds in vehicles controlled by the Organization. Members and associates of the Organization also exploited female addicts who were drug customers by engaging in, among other things, sex trafficking by force, fraud, and coercion; the interstate transport of the women for the purpose of prostitution; and kidnapping. Specifically, the Organization used violence and threats of violence to force women to come to New York to engage in prostitution for the benefit of the Organization, or to remain in New York against their will, and took actions to prevent women from cooperating with law enforcement against the Organization.
Count One of the Indictment charges WILLIAM BAZEMORE, a/k/a “Yaya,” a/k/a “Nudie,” a/k/a “Jack,” WARREN BRYANT, a/k/a “Blue,” and MARQUIS JACKSON, a/k/a “CT,” a/k/a “Pootie,” with participating in a racketeering conspiracy for their criminal involvement in the Organization. Count Two charges BAZEMORE, BRYANT, and JACKSON with participating in a narcotics conspiracy to distribute and possess with intent to distribute crack cocaine and heroin. Count Three charges BAZEMORE, BRYANT, and JACKSON with conspiring to commit sex trafficking. Count Four charges BAZEMORE and BRYANT with engaging in sex trafficking. Count Five charges BAZEMORE and BRYANT with transporting an individual from Maine to New York for the purpose of engaging in prostitution. Count Six charges BAZEMORE with using a cellphone and the Internet to promote, manage and carry on a criminal business engaged in sex trafficking and prostitution.
* * *
Charts containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case 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 FBI, the NYPD, and the Special Agents in the U.S. Attorney’s Office.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Jacqueline Kelly and Danielle Sassoon 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.
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Racketeering conspiracy
18 U.S.C. § 1962(d)
WILLIAM BAZEMORE (age 38)
WARREN BRYANT (age 24)
MARQUIS JACKSON (age 30)
Life in prison
2
Narcotics distribution conspiracy
21 U.S.C. §§ 846, 841(b)(1)(A), 841(b)(1)(B)
WILLIAM BAZEMORE
WARREN BRYANT
MARQUIS JACKSON
Life in prison
Mandatory minimum of 10 years in prison
3
Conspiracy to commit sex trafficking
18 U.S.C. § 1594
WILLIAM BAZEMORE
WARREN BRYANT
MARQUIS JACKSON
Life in prison
4
Sex trafficking
18 U.S.C. § 1591
WILLIAM BAZEMORE
WARREN BRYANT
Life in prison
Mandatory minimum of 10 years in prison
5
Transportation for purpose of prostitution
18 U.S.C. § 2421
WILLIAM BAZEMORE
WARREN BRYANT
Maximum of 10 years in prison
6
Use of interstate commerce to promote unlawful activity
18 U.S.C. § 1952
WILLIAM BAZEMORE
Maximum of five years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
Rogers Man Sentenced to over 15 Years in Federal Prison for Drug TraffickingRead the Press Release
Fayetteville, Arkansas - Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that Stephen Ray Wilson Jr., age 39, of Rogers, Arkansas, was sentenced today to 188 months in federal prison followed by five years of supervised release and ordered to pay a fine of $3,900.00 on one count of Distribution of Methamphetamine. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, during the course of an investigation into methamphetamine trafficking in the Western District of Arkansas, agents with the Drug Enforcement Administration (DEA) identified Wilson as a distributor of methamphetamine in the Benton County, Arkansas area.
In January of 2018, the DEA arranged and conducted a controlled purchase of methamphetamine from Wilson. The substance purchased was sent to the DEA South Central Laboratory for testing. The lab determined that the substance contained 52.9 grams of actual methamphetamine.
Wilson was indicted by a federal grand jury in April 2018 and entered a guilty plea in June 2018.
This case was investigated by the Drug Enforcement Administration (DEA), Benton County Sheriff’s Office, Rogers Police Department and the Arkansas National Guard Counter Drug Program. Assistant United States Attorney Kim Harris prosecuted the case for the United States.
Pittsburgh Man Sentenced to Six Years in Prison for Participating in Fentanyl Distribution SchemeRead the Press Release
PITTSBURGH, PA. - A resident of Pittsburgh, Pa. has been sentenced in federal court to six years’ imprisonment with four years of supervised release on his conviction of violations of the federal narcotics laws, United States Attorney Scott W. Brady announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Lewis Lamont Johnson, 35.
According to information presented to the court, from on or about September 22, 2017 to on or about October 11, 2017, Johnson conspired with others to distribute and possess with intent to distribute 40 grams or more of fentanyl and a quantity of benzyl fentanyl.
Assistant United States Attorney Shardul Desai prosecuted this case on behalf of the government.
United States Attorney Brady commended the Department of Homeland Security Investigations, United States Postal Inspection Service, Federal Bureau of Investigation and Bureau of Alcohol, Tobacco, Firearms and Explosives for the investigation leading to the successful prosecution of Johnson.
U.S. Attorney Scott W. Brady also commended the federally administered Organized Crime and Drug Enforcement Task Force (OCDETF) for conducting the investigation leading to the successful prosecution of Johnson. The task force is headed by the Drug Enforcement Administration and is comprised of members drawn from the Pennsylvania Office of the Attorney General, Ambridge Police Department, New Brighton Police Department, Beaver Police Department, Aliquippa Police Department, Moon Township Police Department, Wilkinsburg Police Department, West Mifflin Police Department, Allegheny County Police Department, Duquesne Police Department, Munhall Police Department, Allegheny County Sheriff’s Office, Pittsburgh Bureau of Police, and the Pennsylvania State Police. 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.
Ohio man admits to drug distribution chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Oscar Simmons, Jr., of Dayton, Ohio, has admitted to drug distribution, United States Attorney Bill Powell announced.
Simmons, age 28, pled guilty to one count of “Distribution of Methamphetamine.” Simmons admitted to distributing methamphetamine in Monongalia County in July 2018.
Simmons faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the case on behalf of the government. The Drug Enforcement Administration investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Ocean County Attorney Charged with Tax Evasion, Filing False Tax Returns, Failing to Pay over Payroll Taxes, and Making False Statements on Loan ApplicationRead the Press Release
TRENTON, N.J. – A federal grand jury today indicted a partner at an Ocean County law firm for evasion of taxes totaling more than $1 million; filing false income tax returns; failing to pay over payroll taxes to the IRS; and making false statements on a bank loan application, First Assistant U.S. Attorney Rachael A. Honig announced.
George Gilmore, 69, of Toms River, New Jersey, was charged in a six-count indictment with one count of income tax evasion for calendar years 2013, 2014, and 2015; two counts of filing false tax returns for calendar years 2013 and 2014; failing to collect, account for, and pay over payroll taxes for two quarters in 2016, and making false statements on a 2015 loan application submitted to Ocean First Bank N.A.
According to documents filed in this case:
Gilmore worked as an equity partner and shareholder at Gilmore & Monahan P.A., a law firm in Toms River, where he exercised primary control over the firm’s financial affairs. Gilmore filed on behalf of himself and his spouse federal income tax returns declaring that he owed $493,526 for calendar year 2013, $321,470 for 2014, and $311,287 for 2015. Despite admitting that he owed taxes for each of these years, Gilmore made no estimated tax payments and failed to pay the federal individual income taxes that he owed. Rather, between January 2014 and December 2016, Gilmore spent more than $2.5 million on personal expenses, including substantial home remodeling costs, vacations, and the acquisition of antiques, artwork, and collectibles. By Dec. 31, 2016, based on the tax due and owing that Gilmore reported on the returns, he owed the IRS $1,520,329 in taxes, penalties, and interest.
To evade and defeat the payment of his taxes Gilmore concealed information from the IRS and falsely classified income, made false and misleading statements to IRS personnel, and filed false tax returns that materially understated the true amount of income that he received from the law firm:
- From January 2014 to December 2016, Gilmore used the law firm’s bank accounts to pay more than $2 million worth of personal expenses, including obtaining checks to cash and cash advances on a corporate credit card. Gilmore falsely classified payments as “shareholder loans” instead of income to him.
- On Oct. 16, 2014, Gilmore sent the IRS a $493,526 check as payment for his 2013 taxes despite having no more than $2,500 in his personal bank account at the time. Gilmore’s check bounced and he never resubmitted payment in lieu of the bounced check. From November 2014, when he was notified by the IRS concerning the bounced check, to the end of December 2014, Gilmore spent more than $80,000 toward the construction of his home and to purchase artwork, antiques, and collectibles and more than $25,000 in mortgages and related expenses for five real estate properties that he owed.
- From November 2014 to October 2015, Gilmore falsely represented to the IRS collections officer that he would make partial payments to the IRS for his outstanding tax liability, but made none.
- Gilmore filed false tax returns for 2013 and 2014, which under reported his actual income from the law firm.
Because he exercised significant control over the law firm’s financial affairs, Gilmore was a person responsible for withholding payroll taxes from the gross salary and wages of the law firm’s employees to cover individual income, Social Security and Medicare tax obligations. For the tax quarters ending March 31, 2016, and June 30, 2016, the law firm withheld tax payments from its employees’ checks, but Gilmore failed to pay over in full the payroll taxes due to the IRS.
Gilmore also submitted a loan application to Ocean First Bank containing false statements. On Nov. 21, 2014, Gilmore reviewed, signed, and submitted to Ocean First Bank a Uniform Residential Loan Application (URLA) to obtain refinancing of a mortgage loan for $1.5 million with a “cash out” provision that provided Gilmore would obtain cash from the loan. On Jan. 22, 2015, Gilmore submitted another URLA updating the initial application. Gilmore failed to disclose his outstanding 2013 tax liabilities and personal loans that he had obtained from others on the URLAs. Gilmore received $572,000 from the cash out portion of the loan, the proceeds of which he did not apply to his unpaid taxes.
The tax evasion count and the two counts of failing to collect, account for, and pay over payroll taxes each carry a maximum penalty of five years in prison, and a $250,000 fine, or twice the gross gain or loss from the offense. The two counts of filing a false tax return each carry a maximum penalty of three years in prison, and a $250,000 fine, or twice the gross gain or loss from the offense. The count alleging loan application fraud carries a maximum penalty of 30 years in prison and a $1 million fine. Gilmore will be arraigned at a date to be determined.
First Assistant U.S. Attorney Honig credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge John R. Tafur, special agents with U.S. Attorney’s Office under the direction of Supervisory Special Agent Thomas Mahoney, and special agents of the FBI Red Bank Resident Agency, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, for the investigation leading to today’s indictment.
The government is represented by Deputy U.S. Attorney Matthew J. Skahill; Assistant U.S. Attorney Jihee G. Suh of the U.S. Attorney’s Office Special Prosecutions Division; and Trial Attorney Thomas F. Koelbl of the U.S. Department of Justice - Tax Division.
The charges and allegations in the indictment are merely accusations, and Gilmore is considered innocent unless and until proven guilty.
Nine-Time Felon Sentenced to Prison for Possessing a FirearmRead the Press Release
NORFOLK, Va. – A Norfolk man was sentenced today to two and a half years in prison for possessing a firearm as a convicted felon.
According to court documents, Earlon Delton Mitchell, 29, is a nine-time felon who had recently finished a 10-year prison sentence for committing two armed robberies in which he shot his victims. In September 2017, Norfolk police executed outstanding arrest warrants on Mitchell. After struggling to arrest Mitchell for roughly two minutes, the officers managed to detain him and recovered a loaded semi-automatic handgun tucked into his pant leg. Mitchell is also a self-admitted gang member and general of the 9 Trey Blood Set.
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 Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division made the announcement after sentencing by U.S. Magistrate Judge Robert J. Krask. Assistant U.S. Attorney William B. Jackson 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-117.
Monroe County Man Sentenced for Possession of Child PornRead the Press Release
BOWLING GREEN, Ky. – U.S. District Chief Judge Greg N. Stivers sentenced James L. Holland Jr., of Monroe County, Kentucky, to 108 months imprisonment, followed by a lifetime of supervision, and ordered him to pay $32,000 in restitution to six victims for possession of child pornography, announced United States Attorney Russell M. Coleman. There is no parole in the federal system.
“Federal prison time awaits those whose desire to possess these horrible images which hurts our kids,” said U.S. Attorney Russell Coleman.
Holland, 63, of Gamaliel, Kentucky, pleaded guilty to possession of child pornography on the morning of the first day of trial, September 5, 2018, without the benefit of a plea agreement.
According to a sentencing memo filed in the case, on July 4, 2016, a Kentucky State Police (KSP) Trooper conducting an online undercover operation on a peer-to-peer network downloaded child pornography that was tracked back to the IP address associated with Holland. KSP obtained a search warrant for Holland’s residence and executed it on August 11, 2016. During the search of Holland’s home, investigators observed a computer in Holland’s bedroom that was running a peer-to-peer file-sharing program and uploading files to the internet. A preliminary investigation of a hard drive in the home revealed hundreds of files containing child exploitation material.
Several electronic storage devices were seized from Holland’s home; a KSP forensic review of the hard drives revealed approximately 1,943 files of child pornography, including images and videos. Additional child pornography was also found on an external hard drive connected to Holland’s computer. The device contained copies of files that KSP downloaded from Holland between July 4 and July 6, 2016.
Assistant United States Attorney Spencer McKiness prosecuted the case. The case was investigated by the Kentucky State Police and the Bureau of Immigration and Customs Enforcement (ICE).
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.
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Lincoln Man Found Guilty of Robbery and Gun ChargesRead the Press Release
United States Attorney Joe Kelly announced today that Shawn Brooks, age 27, of Lincoln, Nebraska, was convicted by a federal jury in Lincoln of thirteen counts of robbery and firearm-related charges. Brooks was found guilty of one count of conspiracy to commit robbery; five counts of interference with commerce by robbery; one count of bank robbery; and six counts of possessing a firearm in furtherance of a crime of violence. The jury also found that Brooks should receive a sentence enhancement on three of the firearms count. Brooks received two sentence enhancements for brandishing a firearm and one sentence enhancement for discharging a firearm during and in furtherance of a bank robbery. The case was heard before Chief United States District Court Judge John M. Gerrard. Brooks is facing up to life in prison. His sentencing hearing is set for April 12, 2019.
Evidence presented at trial showed that between November 29, 2016, and December 30, 2016, Shawn Brooks and his co-defendant, Marcus Remus, robbed one bank and five convenience stores, all in Lincoln, Nebraska. In three of those robberies, Shawn Brooks brandished a firearm at employees of the businesses. At the bank robbery, he also fired the weapon multiple times in the direction of bank employees. Marcus Remus shot one of the gas station clerks in their final robbery at a convenience store on December 30, 2016.
This case was investigated by the Lincoln Police Department and the FBI.
In Civil Settlements with the United States and California, Fiat Chrysler will Resolve Allegations of Cheating on Federal and State Vehicle Emission TestsRead the Press Release
The Department of Justice, the Environmental Protection Agency (EPA) and the State of California announced today a settlement with Fiat Chrysler Automobiles N.V., FCA US, and affiliates (Fiat Chrysler) for alleged violations of the Clean Air Act and California law. Fiat Chrysler has agreed to implement a recall program to repair more than 100,000 noncompliant diesel vehicles sold or leased in the United States, offer an extended warranty on repaired vehicles, and pay a civil penalty of $305 million to settle claims of cheating emission tests and failing to disclose unlawful defeat devices. Fiat Chrysler also will implement a program to mitigate excess pollution from these vehicles. The recall and federal mitigation programs are estimated to cost up to approximately $185 million. In a separate settlement with California, Fiat Chrysler will pay an additional $19 million to mitigate excess emissions from more than 13,000 of the noncompliant vehicles in California. In addition, in a separate administrative agreement with the United States Customs and Border Protection, Fiat Chrysler will pay a $6 million civil penalty to resolve allegations of illegally importing 1,700 noncompliant vehicles.
The Environmental Protection Agency and California settlement (EPA/California Settlement) resolves claims of EPA and California relating to Fiat Chrysler’s use of defeat devices to cheat emission tests. Defeat devices are design elements (in this case software functions) installed in vehicles that reduce the effectiveness of the emission control system during normal on-road driving conditions. The affected vehicles are model year 2014 through 2016 Ram 1500 and Jeep Grand Cherokee vehicles equipped with “EcoDiesel” 3.0 liter engines.
Today’s settlement does not resolve any potential criminal liability. The settlement also does not resolve any consumer claims or claims by individual owners or lessees who may have asserted claims in the ongoing multidistrict litigation. In addition to its separate settlement addressing excess emissions for affected vehicles in California, the state of California has also entered into another separate settlement with Fiat Chrysler resolving alleged violations of California consumer protection laws relating to the affected vehicles.
“The Department of Justice is committed to the full and fair enforcement of the laws that protect our nation’s environment,” said Principal Deputy Associate Attorney General Jesse Panuccio. “Fiat Chrysler broke those laws and this case demonstrates that steep penalties await corporations that engage in such egregious violations. Assistant Attorney General Jeff Clark, and his team in the Environment and Natural Resources Division, are to be commended for securing significant relief in this case for the American people.”
“Fiat Chrysler deceived consumers and the federal government by installing defeat devices on these vehicles that undermined important clean air protections,” said EPA Acting Administrator Andrew Wheeler. “Today’s settlement sends a clear and strong signal to manufacturers and consumers that EPA will vigorously enforce the nation’s laws designed to protect the environment and public health.”
As alleged in the civil complaint filed by the United States Justice Department on behalf of EPA on May 23, 2017, Fiat Chrysler equipped over 100,000 EcoDiesel Ram 1500 and Jeep Grand Cherokee vehicles (Model Years 2014-2016) sold in the United States with illegal and undisclosed software that causes the emission control system to operate differently during emission control tests than when it is driven on the road. When the vehicle is being tested for compliance with EPA or California emission standards, the software activates full emission controls. In contrast, during real world driving, the software features reduce or deactivate emission controls, reducing the effectiveness of the vehicles’ emission control systems. The United States alleged that one or more of these software features, as configured in Fiat Chrysler’s vehicles, are defeat devices. The result is vehicles that meet emission standards during standard regulatory testing, but that emit air pollutants, including oxides of nitrogen (NOx), at a higher rate when the vehicles are on the road, much higher than the EPA and California emission standards allow. NOx pollution contributes to harmful ground-level ozone and fine particulate matter, pollutants associated with a range of serious health effects, including asthma attacks, respiratory illnesses, and other respiratory-related or cardiovascular-related effects, including damage to lung tissue and premature death.
EPA discovered these defeat devices in Fiat Chrysler’s vehicles during vehicle emission testing EPA performed in 2015 and 2016 at the National Vehicle and Fuel Emissions Laboratory (NVFEL).
Recall Program and Corporate Reforms
The EPA/California Settlement requires Fiat Chrysler to implement a recall and repair program to remove all defeat devices in the vehicles and replace the vehicles’ software so that they comply with EPA and California emission standards. Fiat Chrysler tested vehicles with the new software and demonstrated to EPA and California that the repaired vehicles will meet the applicable emission standards. EPA and California also tested the repaired vehicles and determined that they perform the same on emission tests as they do under normal driving conditions. Fiat Chrysler must repair at least 85% of the vehicles within two years or face stiff penalties. Fiat Chrysler must offer an extended warranty for vehicles that are repaired. Fiat Chrysler also must test repaired vehicles for five years to ensure the vehicles continue to meet emission standards over time and will pay additional penalties if the vehicles fail to meet those standards.
The settlement further requires Fiat Chrysler to implement corporate governance, organizational and technical process reforms to minimize the likelihood of future Clean Air Act violations, and to hire a compliance auditor for three years to oversee and assess the effectiveness of these reforms.
Mitigation Program
The EPA/California Settlement requires Fiat Chrysler to implement a federal mitigation program to offset the environmental impacts of the non-compliant vehicles by reducing NOx emissions in the atmosphere. Fiat Chrysler will be required to work with one or more vendors of aftermarket catalytic converters to improve the efficiency of 200,000 converters that will be sold in the 47 states that do not already require the use of the California-mandated high efficiency gasoline vehicle catalysts. Such converters are purchased by vehicle owners to replace out-of-warranty catalytic converters. The mitigation program under the EPA/California Settlement is expected to fully mitigate NOx emissions caused by Fiat Chrysler’s violations across the country outside of California. The State of California’s separate mitigation program will fully address excess NOx from affected vehicles in California.
Additional Settlement
The Plaintiffs’ Steering Committee has secured a settlement for consumers with FCA and Bosch. Class members will receive between $990 and $3,075—an aggregate value of over $300 million if all class members participate—plus an extended warranty and an emissions fix also provided for in the EPA/California Settlement. Under California's separate consumer settlement, FCA also must provide consumers with the relief contained in the PSC agreement. For more information, consumers can go to EcoDieselSettlement.com or call FCA at 1-833-280-4748.
EPA/California Settlement Consent Decree
The EPA/California Settlement Consent Decree will be lodged in federal court in the Northern District of California and there will be a period of 30 days for public notice and comment. The penalty is due within 30 days of the court’s entry of the Consent Decree.
For more information on the settlement visit: https://www.epa.gov/enforcement/fiat-chrysler-automobiles-clean-air-act-civil-settlement-information-sheet
NOTE: The consent decree can be found here: https://www.justice.gov/enrd/consent-decree/file/1123866/download#Consent Decree with Attachments A - F
Harrison County man admits to drug distribution and firearms chargesRead the Press Release
CLARKSBURG, WEST VIRGINIA – Philip K. Finley, of Clarksburg, West Virginia, has admitted to drug distribution and firearms charges, United States Attorney Bill Powell announced.
Finley, age 51, pled guilty to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Methamphetamine” and one count of “Possession of Firearm in Furtherance of Drug Trafficking Crime.”
Finley admitted to distributing methamphetamine in Harrison County from March until September 2018. He also admitted to having 12 different firearms in his possession during the crime.
Finley faces 10 years to life incarceration and a fine of up to $1,000,000 for the methamphetamine charge, and faces no less than five years incarceration and a fine of up to $250,000 for the firearms charge. 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 Traci M. Cook is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Greater Harrison Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
HOPE Clinic Physician Sentenced for Money Laundering ConspiracyRead the Press Release
BECKLEY, W.Va. -- United States Attorney Mike Stuart announced that a HOPE Clinic physician, Dr. John Pellegrini, D.O., 64, of Huntington, West Virginia, was sentenced to 87 months imprisonment for conspiracy to launder money. Pellegrini was also ordered to forfeit $574,507 to the United States, as that amount represents the proceeds of his offense. Stuart praised the investigation conducted by the U.S. Department of Health and Human Services - Office of Inspector General, the United States Food and Drug Administration – Office of Criminal Investigations, the Internal Revenue Service – Criminal Investigations, the Federal Bureau of Investigation, the West Virginia State Police, the Kentucky State Police, the Virginia State Police, the Beckley Police Department, the Charleston Police Department, Appalachia HIDTA, and the Drug Enforcement Administration.
“Although we have significantly curtailed our issuance of press releases and media information during the partial government shutdown, this is a significant result in a significant case that is significant to the people of West Virginia and public safety,” said United States Attorney Mike Stuart. “Let this be a lesson to medical professionals who place greed over patient care. Pellegrini is the third defendant to be sentenced in conjunction with HOPE Clinic and we have much work left to do. My office is committed to doing everything within our power to turn the tide on the opioid epidemic including prosecuting medical professionals who fail to heed their first and most important oath, ‘Do no harm.’”
John Pellegrini admitted that he worked as a physician at the HOPE Clinic in Beckley, West Virginia. As a physician, he was authorized to write prescriptions for controlled substances for legitimate medical purposes in the usual course of professional practice. Pellegrini was a contract physician employed by a third-party contracting agency and not by HOPE Clinic. Although HOPE Clinic held itself out as specializing in the treatment of chronic pain through opioids, both the owners of HOPE Clinic and its management company, PPPFD, knew that Pellegrini had no experience in the treatment of chronic pain patients. Pellegrini previously pled guilty and admitted that many of the prescriptions he wrote for HOPE Clinic customers were illegal, because they were written outside the usual course of professional practice and not for a legitimate medical purpose. In return for these illegal prescriptions, the HOPE Clinic and PPPFD received payments from the customers. Even though Pellegrini was a contractor, he received bonuses for his work at the HOPE Clinic from the customer payments. Pellegrini’s bonuses, as determined by the HOPE Clinic and PPPFD owners, were based upon the number of customers visiting the clinic each month. Thus, Pellegrini admitted that the more customers that returned to the HOPE Clinic each month, the more money he made through his bonus regardless of whether he physically examined the customer, just met with the customer, or just wrote a prescription for the customer. Pellegrini admitted that the bonus he received encouraged and promoted him to write more illegal prescriptions for highly addictive controlled substances, without a legitimate medical purpose and outside the usual course of professional practice, because the bonuses increased as the number of customers visiting the HOPE Clinic increased.
United States District Court Judge Irene Berger imposed the sentence. In imposing the sentence, the Court noted that while working at HOPE Clinic, Pellegrini disregarded his oath as a physician, as well as the law, and prescribed highly addictive controlled substances to patients with little regard to the medical necessity. The Court further noted that Pellegrini wrote prescriptions to patients he did not even examine and that he abused his position as a physician.
Assistant United States Attorneys Monica D. Coleman handled the prosecution.
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Grove City Man Produced Child PornographyRead the Press Release
PITTSBURGH, PA - A resident of Grove City, Pennsylvania, pleaded guilty in federal court to a charge of production of material depicting the sexual exploitation of a minor, United States Attorney Scott W. Brady announced today.
Matthew A. Switzer, 33, pleaded guilty to one count before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that on April 9, 2018, Switzer persuaded, induced, and coerced a four-year-old female to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct.
Judge Schwab scheduled sentencing May 30, 2019, at 9 a.m. The law provides for a total sentence of not less than 15 years or more than 30 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant. Switzer remains under detention pending the sentencing hearing.
Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pennsylvania State Police conducted the investigation leading to the prosecution of Switzer.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Federal Jury Convicts Kenai Man for Threatening to Kill State Court Judge’s FamilyRead the Press Release
Anchorage, Alaska –U.S. Attorney Bryan Schroder announced that yesterday a federal jury in Anchorage convicted Steven Bachmeier of Kenai of one count of mailing a threatening communication. The victim was a Superior Court Judge for the State of Alaska. In a 2017 court filing, Mr. Bachmeier threatened to kill the Judge’s family.
Within three hours of deliberation, the jury found Bachmeier guilty of mailing a threatening communication, following a three-day trial before U.S. District Court Judge Sharon Gleason. As a result of his conviction, Bachmeier faces a maximum penalty of up to five years in prison, and a fine of up to $250,000. The sentencing hearing has been set for April 2, 2019.
According to the evidence presented at trial, during a 2010 hearing the Judge denied Bachmeier’s request to withdraw a guilty plea in a felony criminal case. In response, Bachmeier became angry and threatened to “carve the flesh” from the Judge’s children. Subsequently, the Judge was assigned to a new case involving Bachmeier in 2017. In response, Bachmeier mailed in a pleading in the case in which he wrote that “I have told her in past I’m going to kill her family, which I still [entend] to do.” (sic)
“All Alaskans, including public servants, deserve to be safe in their lives and at work, without fear from death threats,” said U.S. Attorney Bryan Schroder. “This case illustrates that it is unacceptable to threaten public servants and their families. We will prosecute those who seek to manipulate others, and the justice system, by making threats.”
Mr. Schroder commends the Federal Bureau of Investigation (FBI) for the investigation of this case. Also, the Alaska State Troopers, Division of Judicial Services. This case was prosecuted by Assistant U.S. Attorneys Anne Veldhuis and Aunnie Steward.
9 January 2019
Venezuelan Pleads Guilty to Possessing Device Making EquipmentRead the Press Release
Jackson, Miss. – Roger Solorzano, 33, a legal permanent resident and native of Venezuela, pled guilty today before U.S. District Judge Carlton Reeves to one count of possession of device making equipment, announced U.S. Attorney Mike Hurst and U.S. Secret Service Resident Agent in Charge Shawn Wolfe.
In June 2018, Solorzano and Jonas Francisco placed skimmers and cameras on Automated Teller Machines at banks in Brandon, Pearl, and Flowood, Mississippi. Solorzano and Francisco were found to be in possession of glue, skimming devices, ATM false fronts, a soldering iron, double sided tape, and other electronic devices.
Solorzano and Francisco were indicted by a federal grand jury on August 7, 2018. Francisco pled guilty on September 21, 2018, to possession of device making equipment, and was sentenced on December 21, 2018.
Solorzano will be sentenced by Judge Reeves on April 10, 2019, at 9:00 a.m. He faces a maximum sentence of 15 years in prison and a $250,000 fine.
This case was investigated by the United States Secret Service, Brandon Police Department, Pearl Police Department, and Flowood Police Department. It is being prosecuted by Assistant U.S. Attorney Kimberly Purdie.