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Thursday 15 November 2018
Two Cuban nationals indicted for using skimmers to steal identities and make fake credit cards, which they used to make purchases at stores in Mentor, Canton, Cleveland, Cuyahoga Falls and Oakwood VillageRead the Press Release
Two Cuban nationals from Miami were indicted for using credit card skimmers to steal identities and make fake credit cards, which they used to make purchases at Sam’s Club stores in Mentor, Canton, Cleveland, Cuyahoga Falls, Oakwood Village and elsewhere.
Silvio Leon, 45, and Pablo Arrechavaleta, 41, were indicted for conspiracy to commit access device (credit card) fraud, access device fraud and aggravated identity theft.
Leon, Arrechavaleta and others covertly installed credit card skimmers on gas station pumps in Ohio, Pennsylvania, West Virginia, Colorado, Iowa and elsewhere between May 2016 and June 2018. They then downloaded the stolen credit card information and stored it on flash drives, according to the indictment.
Leon, Arrechavaleta and others then re-encoded the stolen account information and other data onto counterfeit credit cards, which they used to make purchases at Sam’s Club stores in Mentor, Canton, Cuyahoga Falls, Cleveland, Oakwood Village and elsewhere, according to the indictment.
They had information for nearly 5,000 credit card accounts when they were arrested, according to court documents.
This case was investigated by the FBI and Mentor Police Department. It is being prosecuted by Assistant U.S. Attorney Elliot Morrison.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Tucson Resident Sentenced to Prison for Tax FraudRead the Press Release
TUCSON, Ariz. – Today, Clariece Burden-Stelly, 33, of Tucson, Ariz., was sentenced by U.S. District Judge James A. Soto to a term of 21 months’ imprisonment and a 36-month term of supervised release following her incarceration, for her role in a tax fraud scheme. As part of her sentence, she was also ordered to pay over $19,000 in restitution to the U.S. Treasury. Burden-Stelly had previously pleaded guilty to false claims and wire fraud.
Under the scheme, Burden-Stelly filed false federal income tax returns for tax years 2012 through 2014. Burden-Stelly caused the filing of false federal tax returns under her name and the names and social security numbers of others to obtain fraudulent federal income tax refunds. Burden-Stelly fraudulently used the IRS Employer Identification Numbers (EIN’s) of her former employers to report false wage and withholding information. The fraudulent tax refunds were disbursed on pre-paid cards or by check.
The investigation in this case was conducted by IRS-Criminal Investigation. The prosecution was handled by Jane L. Westby, Assistant U.S. Attorney, District of Arizona, Tucson.
CASE NUMBER: CR-18-00129
RELEASE NUMBER: 2018-153_Burden-Stelly
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Three Virginia Drug Traffickers Sentenced for ConspiracyRead the Press Release
RICHMOND, Va. – Three drug traffickers have been sentenced to a combined 17 years in prison for participating in a lengthy and extensive drug trafficking conspiracy.
According to court documents, Devin McCoy Rawls, 28, of Portsmouth, along with Robert William Little III, 70, and Cynthia Mosley Fox, 51, both of Emporia, were members of a drug trafficking organization which operated in Emporia and the surrounding area dating back to 2013. During the conspiracy, these defendants along with several other co-conspirators, distributed large amounts of crack cocaine, powder cocaine, heroin and marijuana to hundreds of customers in Southeast Virginia.
Rawls and Little were sentenced on Tuesday to over seven years, and five years, respectively, and Fox was sentenced today to over four years in prison.
The case was investigated by the FBI as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Bulls Eye. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after sentencing by Senior U.S. District Judge Robert E. Payne. Assistant U.S. Attorney Peter S. Duffey prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:18-cr-22.
Three Aliens Indicted on Illegal Reentry ChargesRead the Press Release
GREENVILLE – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Greenville has returned indictments charging RAMIRO CORTEZ-RODRIGUEZ, age 39, of Mexico, JOSE PEREZ-GOMEZ, age 45, of Mexico, and ALAN VILLA-MARTINEZ, age 24 of Mexico, with Illegal Reentry of a Deported Alien.
If convicted of illegal reentry of a deported alien, CORTEZ-RODRIGUEZ, previously deported five times and found in Johnston County, PEREZ-GOMEZ, found in Wayne County, and VILLA-MARTINEZ, found in Wake County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The cases are being investigated by ICE’s Enforcement and Removal Operations and Homeland Security Investigations.
Thirty-Nine “Unforgiven” and “United Aryan Brotherhood” Gang Members and Associates Indicted for Arms and Drug Trafficking in Pasco CountyRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the culmination of a long-term investigation, dubbed “Operation Blackjack,” into arms and narcotics trafficking activities, centered in Pasco County, Florida. As a result, 39 individuals have been charged with various federal firearms and drug violations. (Please see chart for details). The indictments also notify the defendants that the United States intends to forfeit the firearms used in these offenses and any proceeds traceable to the offenses.
“We will continue to use every tool at our disposal to prosecute those who persist in purveying violent crime and drug trafficking on our streets,” said U.S. Attorney Chapa Lopez. “We are committed to working with our partners to render our communities safe for our citizens in the Middle District of Florida.”
“ATF’s primary focus is protecting the public by reducing violent crime,” said Special Agent in Charge Daryl McCrary. “ATF continues to aggressively pursue violent offenders and will work with our law enforcement partners to protect and serve our communities.”
"The Pasco Sheriff's Office is proud of the partnership it has with the Department of Justice,” said Sheriff Chris Nocco. “Taking illegally possessed guns and criminals off the street will have a positive impact on the safety of our community."
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
Operation Blackjack arose out of a partnership between the United States Attorney’s Office, the State Attorney’s Office for the Sixth Judicial Circuit, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Pasco Sheriff’s Office. The cases will be prosecuted by the United States Attorney’s Office’s Violent Crimes and Narcotics Section.
These cases were brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
This investigation is also the result of the Organized Crime Drug Enforcement Task Forces (OCDETF) program. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Defendant (Age)
Charges Maximum PenaltiesMichael Baun (29)
Port Richey, FL
Possessing a firearm as a convicted felon.
Maximum term of 10 years' imprisonment.
Jade Blair (25)
Spring Hill, FL
Possessing a firearm as a convicted felon.
Maximum term of 10 years' imprisonment.
Nicholas Bollman (24)
Port Richey, FL
Possessing a firearm as a convicted felon.
Maximum term of 10 years' imprisonment.
Jonathan Budowski* (47)
Bushnell, FL
- Possessing with intent to distribute methamphetamine;
- Possessing a firearm as a convicted felon;
- Possessing a firearm in furtherance of a drug-trafficking crime.
- Maximum term of 20 years' imprisonment;
- Maximum term of 10 years' imprisonment;
- Minimum mandatory term of imprisonment of 5 years, and up to life imprisonment, to run consecutively to any other sentence of imprisonment.
Bradley Cox (31)
Palmetto, FL
- Conspiring to possess with intent to distribute heroin;
- Possessing with the intent to distribute fentanyl;
- Possessing with the intent to distribute fentanyl.
Maximum term of 20 years' imprisonment, per count.
Crystal Davis (26)
Tampa, FL
Possessing a firearm as a convicted felon.
Maximum term of 10 years' imprisonment.
Donald Dussell, a/k/a “Dino” (41)
Hudson, FL
- Possessing a firearm as a convicted felon (8 counts);
- Distributing heroin;
- Distributing 5 grams or more of methamphetamine.
- Maximum term of 10 years' imprisonment, per count;
- Maximum term of 20 years' imprisonment;
- Minimum mandatory term of 5 years’ imprisonment, and up to life imprisonment.
Kurt Gell* (39)
Bartow, FL
Pleaded guilty to possessing with the intent to distribute 5 grams or more of methamphetamine.
Sentenced to 5 years’ imprisonment.
Melissa James (33)
New Port Richey, FL
Possessing with the intent to distribute 5 grams or more of methamphetamine.
Minimum mandatory term of 5 years’ imprisonment, and up to 40 years’ imprisonment.
Breanna Knights (21)
New Port Richey, FL
- Distributing heroin;
- Distributing crack cocaine.
Maximum term of 20 years' imprisonment, per count.
Jerry Koezeno* (30)
New Port Richey, FL
- Possessing a firearm as a convicted felon;
- Distributing 5 grams or more of methamphetamine (2 counts).
Pleaded guilty on October 3, 2018.
Sentencing set for January 3, 2019.
- Maximum term of 10 years' imprisonment.
- Minimum mandatory of 5 years’ imprisonment, and up to 40 years’ imprisonment, per count.
Joshua Koezeno (25)
New Port Richey, FL
Possessing with the intent to distribute 50 grams or more of methamphetamine.
Minimum mandatory term of 20 years’ imprisonment, and up to life imprisonment.
James Thomas Lang, III (32)
Tampa, FL
- Conspiring to distribute 100 grams or more of a mixture and substance containing a detectable amount of heroin and 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine;
- Distributing heroin and fentanyl (two counts);
- Distributing methamphetamine;
- Distributing heroin (two counts)
- Minimum Mandatory of 10 years’ imprisonment, and up to life imprisonment.
As to remaining counts, maximum term of 30 years' imprisonment, per count.
James Laughery (44)
New Port Richey, FLPossessing a firearm as a convicted felon (4 counts).
Maximum term of 10 years' imprisonment, per count.
Stephen Kenneth Lore* (48)
Hudson, FL
Pleaded guilty to possessing with intent to distribute 50 grams or more of methamphetamine.
Sentenced to 15 years and 8 months’ imprisonment.
Jamie Manz (40)
Port Richey, FL
Possessing a firearm as a convicted felon (2 counts).
Maximum term of 10 years' imprisonment, per count.
Andre Maytum (34)
Port Richey, FL
Possessing a firearm as a convicted felon.
Maximum term of 10 years' imprisonment.
Chastity McBride (35)
New Port Richey, FL
- Conspiring to distribute 50 grams or more of methamphetamine;
- Distributing 50 grams or more of methamphetamine;
- Distributing 50 grams or more of methamphetamine.
Mandatory minimum term of 20 years’ imprisonment, and up to life imprisonment, per count.
Stephanie McDonald* (35)
New Port Richey, FL
Pleaded guilty to possessing a firearm in furtherance of a drug trafficking crime.
Sentencing scheduled for 12/18/2018.
Minimum mandatory term of imprisonment of 5 years, and up to life imprisonment.
Skyler McMillion (33)
Port Richey, FL
Possessing a firearm as a convicted felon.
Maximum term of 10 years' imprisonment.
Jacob Montgomery (25)
New Port Richey, FL
Possessing a firearm as a convicted felon.
Maximum term of 10 years' imprisonment.
Richard Morman (31)
New Port Richey, FL
- Possessing a firearm as a convicted felon;
- Possessing a pipe bomb;
- Possessing pipe bombs.
Maximum term of 10 years' imprisonment, per count.
Arnold Gerard Nelson, Jr. (32)
Tampa, FL
- Conspiring to distribute 100 grams or more of a mixture and substance containing a detectable amount of heroin, and 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine;
- Distributing heroin and fentanyl (three counts);
- Distributing methamphetamine;
- Distributing heroin (2 counts).
- Minimum mandatory term of 5 years’ imprisonment, and up to 40 years’ imprisonment;
All other counts:
Maximum term of 20 years' imprisonment, per count.
William Ohrmund (43), a/k/a “Billy the Kid”*
Port Richey, FL
Pleaded guilty to possessing with intent to distribute methamphetamine.
Sentenced to 10 years’ imprisonment.
Bobby Osborne (33)
Hudson, FL
- Conspiring to distribute 100 grams or more of heroin and 50 grams or more of methamphetamine;
- Distributing 50 grams or more of methamphetamine;
- Distributing 50 grams or more of methamphetamine.
Minimum mandatory term of 20 years’ imprisonment, and up to life imprisonment, per count.
Chad Michael Overend (37)
Port Richey, FL
Possessing a firearm as a convicted felon.
Maximum term of 10 years' imprisonment.
Ryan Perrin (32)
Palm Harbor, FL
Possessing a firearm as a convicted felon (2 counts).
Maximum term of 10 years' imprisonment, per count.
Randi Potter (44)
New Port Richey, FL
1. Possessing with intent to distribute 5 grams or more of methamphetamine;
2. Possessing with intent to distribute 5 grams or more of methamphetamine;
3. Possessing with intent to distribute 50 grams or more of methamphetamine;
4. Possessing with intent to distribute cocaine base (“crack cocaine”).
As to counts 1 and 2 : Minimum Mandatory term of 10 years’ imprisonment, and up to life imprisonment;
- Minimum mandatory term of 20 years’ imprisonment, and up to life imprisonment;
4. Maximum term of 30 years’ imprisonment.
John Christopher Roberts* (35)
Orlando, FL
Pleaded guilty to:
- Conspiring to possess with intent to distribute 50 grams or more of methamphetamine;
- Possessing a firearm in furtherance of a drug trafficking crime
Sentencing set for 1/6/2019.
- Maximum term of 20 years' imprisonment;
- Minimum mandatory term of 5 years’ imprisonment, and up to life imprisonment.
Justin Ruth (28)
New Port Richey, FL
Possessing a firearm as a convicted felon (2 counts).
Maximum term of 10 years' imprisonment, per count.
Anthony Steve* (37)
Port Richey, FL
Pleaded guilty to possessing a firearm as a convicted felon.
Sentenced to 27 months’ imprisonment.
Keith Jason Stewart (29)
Hudson, FL
- Distributing 50 grams or more of methamphetamine (2 counts);
- Possessing firearms and ammunition as a convicted felon.
- Minimum mandatory term of 20 years’ imprisonment, and up to life imprisonment, per count;
- Maximum term of 10 years' imprisonment.
George Susick* (29)
Spring Hill, FL
Pleaded guilty to possessing a firearm in furtherance of a drug trafficking crime.
Sentenced to 5 years’ imprisonment.
Joseph Ward* (46)
New Port Richey, FL
Found guilty of possessing a firearm and ammunition as a convicted felon.
Sentenced to 4 years and 3 months’ imprisonment.
David Weyde* (30)
Port Richey, FL
Pleaded guilty to possessing a firearm as a convicted felon and to possessing an unregistered sawed-off shotgun.
Sentenced to 4 years and 3 months’ imprisonment.
Gary Webb, a/k/a “Superman” (40)
Port Richey, FL
Possessing a firearm as a convicted felon.
Maximum term of 10 years' imprisonment.
Larry Dean Wilson, Jr. (41)
Land O’Lakes, FL
- Distributing 50 grams or more of methamphetamine (2 counts);
- Distributing marijuana;
- Mandatory minimum term of 20 years’ imprisonment, and up to life imprisonment, per count;
- Maximum term of imprisonment of 5 years;
Michael Wilson* (45)
Spring Hill, FL
Convicted at trial of possessing a firearm and ammunition as a convicted felon.
Sentenced to 10 years’ imprisonment.
Andrew Windsor (34)
Port Richey, FL
Possessing a firearm as a convicted felon.
Maximum term of 10 years' imprisonment.
* Charged prior to takedown operation.Texas Man Convicted of Money Laundering Conspiracy and Tax CrimesRead the Press Release
A Houston, Texas man was convicted by a federal jury yesterday in the U.S. District Court for the Southern District of Texas of two conspiracies and tax crimes, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
In total, Kenneth J. Coleman, 51, was convicted of nine counts, including conspiracy to commit money laundering, conspiracy to structure currency transactions, corporate tax evasion, filing false tax returns with the IRS and failing to file a tax return with the Internal Revenue Service (IRS). U.S. District Court Senior Judge David Hittner set Coleman’s sentencing for February 2, 2019. Coleman’s co-conspirator, Marcus Weathersby, formerly of Houston, Texas, pleaded guilty to conspiracy to commit money laundering and was sentenced in June 2018 to 58 months in prison. He testified at trial.
The evidence at trial established that Coleman participated in a scheme to facilitate the fraudulent sale of second-hand prescription medications to Utah-based Green Valley Medical Distributors, LLC (Green Valley). Coleman, owned Acacia Pharma Distributors, Inc. (Acacia) and Four Corner Suppliers, Inc. (Four Corner), which purchased bottles of prescription medications from illegitimate sources and then sold the medications to Green Valley, which then sold the medications to pharmacies as new.
Federal regulation requires wholesale distributors of prescription medications to provide to a buyer a pedigree – a written statement identifying each prior sale, purchase or trade of the drugs being sold that includes the business name and information of all parties to the prior transactions, starting with the manufacturer. Coleman and others acting at his direction created false pedigrees and provided the false documents to Green Valley. Evidence at trial showed that Green Valley would withhold payment to Coleman until it received these false pedigrees.
Coleman and Weathersby deposited proceeds from the fraudulent sale of these second-hand prescription drugs into Acacia’s and Four Corner’s business bank accounts and used the funds to pay the suppliers of the illicit pharmaceuticals. At trial, the government proved that Weathersby and others acting at Coleman’s direction laundered more than $36 million of illicit funds, including over $2 million in more than 230 cash withdrawals made in amounts less than $10,000 in order to evade bank-reporting requirements.
The evidence at trial also established that Coleman evaded assessment and payment of Acacia’s and Four Corner’s income tax liabilities, and that he failed to file an individual tax return for tax year 2011, and filed false individual income tax returns for tax years 2012 and 2013 with the IRS.
Coleman now faces a maximum sentence of 20 years in prison for the money laundering conspiracy and a maximum sentence of five years for the conspiracy to structure currency transactions. Coleman also faces a five-year maximum sentence for each count of tax evasion and a maximum sentence of three years in prison for each count of filing a false tax return. Coleman also faces a term of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Richard E. Zuckerman thanked agents of IRS-Criminal Investigation, the Federal Bureau of Investigation, and the Federal Department of Agriculture, who conducted the investigation, and Trial Attorneys Sean Beaty and Terri-Lei O’Malley of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Statement from United States Attorney Jay E. Town on the Shooting of Marengo County District Attorney Greg GriggersRead the Press Release
“Our thoughts and prayers are with Greg and his family. District Attorney Griggers is a dedicated public servant and an honorable man. This serves as yet another reminder of the perils and dangers that law enforcement at every level face daily.”
St. Louis Man Sentnced While on Parole for Two Bank RobberiesRead the Press Release
St. Louis, MO – David Thelix McGee was sentenced to 115 months in prison for committing bank robberies.
According to court documents, on April 17, 2017, McGee entered the Great Southern Bank in Ferguson and slid a piece of paper to the teller stating that she should give him some money. McGee wanted large bills and provided a plastic bag for the teller to put the money in. The teller grabbed a large stack of U.S. Currency and asked if that was enough to which McGee responded yes and left the bank.
On May 8, 2017, McGee entered the Bank of America in St. Charles and handed a teller a plastic bag and a note, which read that he needed straps of $100s, $50s and $20s. The teller gave him the U.S. Currency and McGee left the bank. McGee was on supervised release for a bank robbery in Illinois.
McGee, 48, of St. Louis, pleaded guilty on July 27, 2018, to two counts of committing bank robberies. He appeared in federal court this morning before U.S. District Judge Audrey G. Fleissig.
This case was investigated by the Federal Bureau of Investigation and Assistant United States Attorney Tom Mehan is handling the case for the U.S. Attorney's Office.
Smith County Man Guilty of Multiple Firearms ViolationsRead the Press Release
TYLER, Texas – A 25-year-old Tyler, Texas man has been found guilty of federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Heon Jong Yoo, a/k/a “Hank Yoo,” was found guilty today of seven counts of false statements made in connection with firearms transactions and one count of unlawful possession by a prohibited person. The three-day jury trial occurred before U.S. District Judge Robert W. Schroeder, III.
According to information presented in court, Yoo was an undergraduate student at the University of Texas-Tyler. A lawful permanent resident from South Korea, Yoo falsely represented that he was a United States citizen with respect to seven different firearms transactions, some of which involved semiautomatic weapons. He did so after having been involuntarily committed to a mental institution in the state of New Jersey in 2013 and again in 2015. At the time of his arrest, Yoo was in possession of multiple firearms, ammunition, and firearms accessories. Yoo was indicted by a federal grand jury on Apr. 18, 2018.
“This case was a great example of federal, state, and local law enforcement working together to stop a threat that really could have had tragic results,” said U.S. Attorney Joseph D. Brown. “Yoo was becoming increasingly aggressive in his behavior, and there were multiple schools where people were extremely concerned about what he was going to do. In addition, he had weapons and a history of mental health problems. These situations often end badly, and it was good that law enforcement worked together to get him off the streets as soon as they did.”
Under federal statutes, Yoo faces a maximum of 5 years in federal prison for each false statement charge and up to 10 years on the unlawful possession count at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Federal Bureau of Investigation; the Texas Department of Public Safety-Texas Rangers Division; the Smith County Sheriff’s Office; the Tyler Police Department; and the University of Texas-Tyler Police Department. Assistance was also provided by the Department of Homeland Security, the Dallas Police Department, the Plano Police Department, the Prosper Police Department, the Collin College Police Department, the Dallas County Community College District Police Department, the Rutgers University Police Department, and the University of Connecticut Police Department. The case was prosecuted by Assistant U.S. Attorneys Frank Coan, Lucas Machicek, and Ryan Locker.
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Six people from Northeast Ohio indicted on federal firearms chargesRead the Press Release
Six people were indicted on federal firearms charges.
Indicted are: Eric J. Allen, 31, of Akron; Lyjesta Jerry Agee, 31, of Cleveland; Howard T. Duncan, 26, of Cleveland; Dwaine Rucker, Jr., 25, Cleveland; Christopher Brenick, 23, of Valley View, and Eric Reynolds, 20, of Valley View.
All are charged with being felons in possession of firearms, except Brenick and Reynolds, who are charged with making false statements in the acquisition of a firearm.
Allen was found to have a Hi-Point 9mm rifle and 20 rounds of 9mm caliber ammunition on Aug. 6. Allen was previously convicted of sexual battery.
Agee was found to have a Springfield .45-caliber pistol and ammunition on Oct. 26, despite previous convictions for drug trafficking.
Duncan was found to be in possession of a Springfield .45-caliber pistol and ammunition on Oct. 4 despite previous convictions for child endangering, drug trafficking and carrying a concealed weapons.
Rucker was found to be in possession of a Smith & Wesson 9 mm pistol and ammunition on Sept. 26 despite a previous conviction for abduction.
Brenick falsely stated on April 19 that he was the true purchaser of a Sig Sauer .45-caliber pistol from Stonewall Gun Shop in Brecksville, when Reynolds was the actual buyer of the firearm, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after a 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.
The Allen case is being prosecuted by Assistant U.S. Attorney Christopher J. Joyce following an investigation by the Ohio Adult Parole Authority and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The Agee case is being prosecuted by Assistant U.S. Attorney Danielle Angeli following an investigation by the Cleveland Division of Police and ATF. The Duncan case is being prosecuted by Assistant U.S. Attorney Kelly L. Galvin following an investigation by the Cleveland Division of Police and ATF. The Rucker case is being prosecuted by Assistant U.S. Attorney Brian Deckert following an investigation by the Cleveland Division of Police and ATF. The Brenick and Reynolds case is being prosecuted by Assistant U.S Attorney Brian Deckert following an investigation by the ATF.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Seven Previously Deported Aliens Charged with Illegal ReentryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that seven previously deported aliens were indicted separately on November 14, 2018, by a federal grand jury for illegal reentry into the United States. These matters arose in counties throughout the District including Cumberland, Dauphin, Lackawanna, and York.
According to United States Attorney David J. Freed, Esterlindo Torres-Varela, age 34, of Honduras, was previously deported from the United States to Honduras in January 2016. He is alleged to have illegally reentered the United States sometime after January 2016, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Under federal law, Torres-Varela faces a maximum penalty of twenty years of imprisonment, a term of supervised release following imprisonment, and a fine.
Manuel Rodriguez-Martinez, age 30, of Honduras, was previously deported from the United States to Honduras in August 2011. He is alleged to have illegally reentered the United States sometime after August 2011, and was found in the United States in Lackawanna County, Pennsylvania after eluding examination or inspection by immigration officers.
Miguel Morales-Ayala, age 28, of Mexico, was previously deported from the United States to Mexico in June 2016. He is alleged to have illegally reentered the United States sometime after June 2016, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Rigoberto Balbuena-Guzman, age 46, of Mexico, was previously deported from the United States to Mexico in April 2012. He is alleged to have illegally reentered the United States sometime after April 2012, and was found in the United States in Luzerne County, Pennsylvania after eluding examination or inspection by immigration officers.
Maximiliano Santiz-Jimenez, age 32, of Mexico, was previously deported from the United States to Mexico in March 2010. He is alleged to have illegally reentered the United States sometime after March 2010, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
Constantino Pascual-Velasco, age 37, of Mexico, was previously deported from the United States to Mexico in November 2014. He is alleged to have illegally reentered the United States sometime after November 2014, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Victor Vazquez-Beristain, age 46, of Mexico, was previously deported from the United States to Mexico in June 2011. He is alleged to have illegally reentered the United States sometime after June 2011, and was found in the United States in Lackawanna County, Pennsylvania after eluding examination or inspection by immigration officers.
Under federal law, Rodriguez-Martinez, Morales-Ayala, Balbuena-Guzman, Santiz-Jimenez, Pascual-Velasco, and Vazquez-Beristain face a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine.
These cases were investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Assistant United States Attorney James T. Clancy is prosecuting the cases.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Seven Owners and Employees of Import-Export Companies Arrested for Conspiracy to Launder Drug Trafficking Proceeds and Related CrimesRead the Press Release
A six-count indictment was unsealed today in federal court in Central Islip charging Enayatullah Khwaja, Abdulrahman Khwaja, Rani Rahimi, Shikeba Rhamatzada, Roberto Saenz, Maynor Melendez-Mendoza and Naseem Bokhari with conspiracy to commit money laundering, operation of an unlicensed money transmitting business, failure to file currency transaction reports and IRS forms 8300, structuring monetary deposits, and interstate and foreign travel and transportation in aid of a racketeering enterprise. The defendants, all owners and employees of import-export businesses located on Long Island and in Miami, were arrested this morning.
Enayatullah Khwaja, Abdulrahman Khwaja, Rahimi and Rhamatzada will be arraigned this afternoon in Central Islip before United States District Judge Joseph F. Bianco. Saenz, Melendez-Mendoza and Bokhari, who were arrested in Florida, will be arraigned at the federal courthouse in Miami, and the government will seek their removal to the Eastern District of New York.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Angel M. Melendez, Special Agent-in-Charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations (HSI), New York, and James D. Robnett, Special Agent-in-Charge, Internal Revenue Service Criminal Investigation, New York (IRS-CI), announced the charges.
“Money laundering is the lifeblood of international narcotics trafficking organizations and with today’s arrests the defendants’ ability to profit from illicit proceeds has been crippled,” stated United States Attorney Donoghue. “I commend our prosecutors and the Special Agents in this case for their relentless work following the money trail here and abroad in order to disrupt this criminal scheme.”
“Those arrested today allegedly employed an international money laundering scheme relying on the complexities of global trade, and the use of their businesses here in New York and in Florida, to launder millions of dollars for transnational drug traffickers and other bad actors,” stated HSI Special Agent-in-Charge Melendez. “This investigation exemplifies HSI’s efforts in securing the integrity of our country’s trade and financial systems, and the importance of law enforcement partnerships here and abroad.”
“Special Agents of IRS-CI are experts in identifying and uncovering criminal violations with a financial aspect whether committed at home or abroad as alleged in the indictment,” stated IRS-CI Special Agent-in-Charge Robnett.
As alleged in the indictment and other court documents, family-owned businesses operated by the defendants on Long Island and in Miami were used to launder millions of dollars in illegal drug proceeds between the United States and South America. Enayatullah Khwaja was the owner and manager of Tronix Telecom Corp., an electronics and mobile phone import-export company with an office in Miami. Enayatullah Khwaja managed the company from his home in Farmingdale. The defendants took in bulk cash deliveries from drug dealers and disguised the transfer of money through the actual and purported purchase and export of mobile phones. The government’s investigation included extensive court-ordered wiretaps of the defendants, as well as undercover federal agents posing as drug dealers.
The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted, the defendants face a maximum sentence of 20 years’ imprisonment.
The government’s case is being handled by the Office’s Long Island Criminal and Civil Divisions. Assistant U.S. Attorneys Charles P. Kelly, Burton T. Ryan, Jr. and Madeline O’Connor are in charge of the prosecution.
The Defendants:
ENAYATULLAH KHWAJA (also known as “Nat”)
Age: 45
Farmingdale, N.Y.ABDULRAHMAN KHWAJA
Age: 62
Syosset, N.Y.RANA RAHIMI
Age: 48
Farmingdale, N.Y.SHIKEBA RHAMATZADA
Age: 45
Farmingdale, N.Y.ROBERTO SAENZ
Age: 36
Miami, FloridaMAYNOR MELENDEZ-MENDOZA
Age: 33
Miami, FloridaNASEEM BOKHARI (also known as “Sammy”)
Age: 59
Miami, FloridaE.D.N.Y. Docket No. 18-CR-607(JFB)
Sentencings for November 14, 2018Read the Press Release
Chief Federal District Court Judge Scott W. Skavdahl sentenced SEVERIANO DIAZ-CAZARES, 42, of Las Vegas, Nevada on November 14, 2018 for illegal re-entry of a previously deported alien into the United States and illegal alien in possession of a firearm. Diaz-Cazares was arrested in Riverton, Wyoming. He received twenty-four months of imprisonment, to be followed by twelve months of supervised release, and ordered to pay a $200.00 special assessment. The Fremont County Sheriff’s Office, Wyoming Division of Criminal Investigation, and the US. Department of Homeland Security Investigations investigated this case.
Chief Federal District Court Judge Scott W. Skavdahl sentenced JEREMY OBERMUELLER, 35, of Craig, Colorado on November 14, 2018 for being a felon and unlawful user of a controlled substance in possession of a firearm. Obermueller was arrested in Lander, Wyoming. He received fifty-eight months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay a $1,900.00 fine, and a $100.00 special assessment. The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case.
Sentencings for November 14, 2018Read the Press Release
Chief Federal District Court Judge Scott W. Skavdahl sentenced SEVERIANO DIAZ-CAZARES, 42, of Las Vegas, Nevada on November 14, 2018 for illegal re-entry of a previously deported alien into the United States and illegal alien in possession of a firearm. Diaz-Cazares was arrested in Riverton, Wyoming. He received twenty-four months of imprisonment, to be followed by twelve months of supervised release, and ordered to pay a $200.00 special assessment. The Fremont County Sheriff’s Office, Wyoming Division of Criminal Investigation, and the US. Department of Homeland Security Investigations investigated this case.
Chief Federal District Court Judge Scott W. Skavdahl sentenced JEREMY OBERMUELLER, 35, of Craig, Colorado on November 14, 2018 for being a felon and unlawful user of a controlled substance in possession of a firearm. Obermueller was arrested in Lander, Wyoming. He received fifty-eight months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay a $1,900.00 fine, and a $100.00 special assessment. The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case.
Salvadoran National Charged with Distribution of FentanylRead the Press Release
BOSTON – A Salvadoran national was charged in federal court in Boston in connection with a law enforcement seizure of 15 kilos of fentanyl discarded on the side of a road in Sturbridge.
Nelson Garcia Martinez, 37, a Salvadoran national residing in Stockton, Calif., was charged with one count of distribution of 400 grams or more of fentanyl. Garcia Martinez is in custody pending a detention and probable cause hearing.
According to the charging document, Garcia Martinez was arrested on Nov. 13, 2018, after federal agents conducting surveillance at a rest stop in Sturbridge allegedly observed Garcia Martinez meet with two unidentified individuals outside of Garcia Martinez’s tractor trailer. When the two unidentified individuals left the area, law enforcement attempted to stop their vehicle, but they fled. When they did finally pull to the side of the road, the passenger exited the car and discarded a vacuum sealed garment bag and then fled into the surrounding woods, while the driver of the car left the scene at high speed. The garment bag burst open on the ground, and agents recovered 15 kilograms of a substance that tested positive for fentanyl. Garcia Martinez consented to a search of his tractor trailer, where vacuum sealed bags matching the one discarded on the side of the road were recovered.
Law enforcement were led to Garcia Martinez after discovering a phone number, allegedly later determined to be associated with Garcia Martinez, that was believed to be used by a drug transporter related to an October 2018 seizure of 32 kilos of fentanyl in Methuen.
Garcia Martinez faces a mandatory minimum sentence of 10 years and up to life in prison, at least five years and up to a lifetime of supervised release, and a fine of up to $10 million. He will also be subject to deportation upon completion of any sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division, made the announcement today. Valuable assistance was provided by the Massachusetts State Police and the Somerville, Medford, Boston, Ipswich, and Arlington Police Departments. Assistant U.S. Attorney Katherine Ferguson of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Salem Woman Sentenced to Five Months in Prison for Illegally Purchasing Firearms for Massachusetts ResidentRead the Press Release
CONCORD - Angelina Keenan, 24, formerly of Salem, New Hampshire, was sentenced to five months in federal prison for illegally purchasing firearms for a Massachusetts resident, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on two occasions in December 2016, Keenan purchased guns from federally licensed firearms dealers in Hooksett and Pelham. During each purchase, Keenan filled out an ATF Form 4473, a form that all federally licensed firearms dealers are legally required to complete for over-the-counter firearms sales. In filling out the form, Keenan falsely stated that she was purchasing the firearms for herself, when in fact, she was purchasing the guns for a Massachusetts man who could not legally purchase them for himself in New Hampshire. In addition, Keenan represented on the purchase forms that she was not an unlawful drug user, when in fact she was addicted to heroin.
Keenan previously pleaded guilty on August 1, 2018 to two counts of making a material false statement in connection with the acquisition of a firearm.
“In order to safeguard the public, it is imperative to ensure that guns do not fall into the wrong hands,” said U.S. Attorney Murray. “Straw purchasing of firearms is a serious crime that often makes guns available to drug dealers or violent criminals. We will continue to aggressively enforce federal gun laws in order to prevent drug traffickers from arming themselves and reduce the occurrence of violent crime.”
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant U.S. Attorneys Shane B. Kelbley and Anna Z. Krasinski.
The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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Pensacola Registered Sex Offender Guilty of New Child Pornography ChargesRead the Press Release
PENSACOLA, FLORIDA – Christopher M. Arguelles, 34, of Pensacola, pleaded guilty today in the U.S. District Court in Pensacola to possession and access with intent to view child pornography. The guilty plea was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
In February 2018, while a telecommunications provider was assisting Arguelles with his slow running cellular telephone, they observed a large amount of pornography on the phone, including a folder titled “underage.” Several days later, Arguelles, a sex offender, was arrested for failure to register a change in his residence, and his cellular telephone was seized. A forensic review of the device revealed images and videos of child pornography both on the phone and on the memory card. Examples of subfolder titles were “Sammy 14 yo,” “15yo Jen,” and “14 year old Erin.” Some of the child pornography involved females under age 12. Arguelles also maintained a cloud storage account with similar illicit materials.
For possession and access with intent to view child pornography, Arguelles faces a mandatory minimum of 10 years and a maximum of 20 years in prison. The sentencing hearing is scheduled for January 25, 2019, at 9:00 a.m. at the U.S. Courthouse in Pensacola.
The case is being investigated by the Federal Bureau of Investigation, the Florida Department of Law Enforcement, the Escambia County Sheriff’s Office, the State Attorney’s Office – First Judicial Circuit, and the North Florida Internet Crimes Against Children Task Force. The case is being prosecuted by Assistant United States Attorney David L. Goldberg.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Oxford Man Indicted for Trafficking in Child PornographyRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced today that Jose Carrillo, 27, of Oxford, PA was indicted by a federal grand jury and charged with two counts of distribution of child pornography, one count of receipt of child pornography, and one count of possession of child pornography.
The federal indictment charges him with trafficking in and possessing more than 37,000 images and videos of pornographic images of children, toddlers, and infants on the Internet. The indictment charges the defendant with committing these crimes as recently as October 18, 2018.
If convicted, Carrillo faces a statutory maximum sentence of 80 years’ incarceration, a 5-year mandatory minimum sentence of imprisonment, 5 years up to a lifetime of supervised release, a $1,000,000 fine, a $400 special assessment, and, if found not to be indigent, an additional $20,000 special assessment.
The case was investigated by Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Michelle Rotella.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Online Distributor of Child Pornography Is Sentenced to 16.5 YearsRead the Press Release
CHARLOTTE, N.C. – Today, U.S. District Judge Robert J. Conrad, Jr. sentenced Jose Antonio Hendricks, 60, of Charlotte, to 198 months in prison on child pornography charges, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina. In addition to the prison term imposed, Judge Conrad ordered Hendricks to serve 20 years under court supervision, and to register as sex offender upon his release from custody. A federal jury convicted Hendricks on February 21, 2018, of possession, receipt and transportation of child pornography. He has been in custody since February 2018.
John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division joins U.S. Attorney Murray in making today’s announcement.
According filed court documents, trial evidence and witness testimony, on October 14, 2014, law enforcement determined that Hendricks was using a peer-to-peer network to distribute and to view child pornography online. Trial evidence established that between October 2014 and February 2015, law enforcement connected to Hendricks’ IP address approximately 70 times. During a vast majority of these sessions, law enforcement were able to confirm that Hendricks was sharing either child pornography or child erotica. According to evidence presented at trial, on March 12, 2015, a search of Hendricks’ home resulted in the seizure of a tablet and the tablet’s SD card. A forensic examination of the items revealed that they contained numerous images of child pornography. There was also evidence that Hendricks was accessing numerous child pornography websites that include sadistic or masochistic images of children being sexually abused.
In making today’s announcement, U.S. Attorney Murray commended the work of the FBI’s Crimes Against Children Squad, which investigated the case. Assistant U.S. Attorneys Cortney Randall and William Stetzer, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Ohio Man Sentenced for Conspiring to Pass Counterfeit $100 Bills at Western PA StoresRead the Press Release
PITTSBURGH, PA – An Ohio resident has been sentenced in federal court to time served plus one day, approximately two months incarceration, and three years supervised release with the immediate condition of residency in an inpatient drug treatment up to twelve months, on his conviction of conspiracy to utter and pass counterfeit Federal Reserve notes, United States Attorney Scott W. Brady announced today.
Chief United States District Court Judge Joy Flowers Conti imposed sentence on Joshua Kinney, 29, of Columbus, Ohio.
In connection with the sentencing, the court was advised that it was a part of the conspiracy that Kinney and his co-conspirators obtained counterfeit Federal Reserve notes in the denomination of $100 dollars in Ohio and transported the counterfeit Federal Reserve notes into the Western District of Pennsylvania. It was further a part of the conspiracy that on numerous occasions Kinney and his co-conspirators passed, and attempted to pass, counterfeit $100 bills at various retail store locations in the Western District of Pennsylvania and received legitimate currency as change.
Assistant United States Attorney Mary McKeen Houghton prosecuted the case on behalf of the government.
The United States Secret Service, the Scott Township Police Department, the North Fayette Police Department, and the Bethel Park Police Department conducted the investigation leading to the conviction in this case.
Ohio County man sentenced for drug chargeRead the Press Release
WHEELING, WEST VIRGINIA – Quavonte Pugh, of Wheeling, West Virginia, was sentenced today to 18 months incarceration for a drug charge, United States Attorney Bill Powell announced.
Pugh, also known as “Q,” age 22, pled guilty to one count of “Distribution of Cocaine Base within 1,000 Feet of a Protected Location” in August 2018. Pugh admitted to selling cocaine base near Jenson Playground in January 2018 in Ohio County
Assistant U.S. Attorney Stephen L. Vogrin prosecuted the case on behalf of the government. The Drug Enforcement Administration and the Ohio Valley Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Senior U.S. District Judge Frederick P. Stamp, Jr. presided.North Haven Man Sentenced to 54 Months in Prison for Role in Fencing OperationRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that PAUL WILLIAM MUZYKA, 49, of North Haven, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 54 months of imprisonment, followed by two years of supervised release, for his role in a large-scale fencing operation.
According to court documents and statements made in court, Muzyka and George J. Connelly, Jr., operated a licensed secondhand store, Ace Amusements, located at 42 Kimberly Avenue in New Haven. At Ace Amusements, Muzyka and Connelly knowingly purchased stolen property from “boosters,” who typically were shoplifters with opioid addictions. The boosters stole the goods from retail stores such as Home Depot, Target, CVS, and Lowe’s, and sold the goods at Ace Amusements for approximately one-third of their retail prices. Muzyka and Connelly then resold the stolen goods at Ace Amusements, and also online at websites such as eBay. Muzyka and Connelly also sold property to resellers, who then resold the property online using online websites.
The investigation revealed that individuals who purchased stolen items at Ace Amusements made at least $1.5 million in sales on eBay from 2007 to 2016.
Judge Shea ordered Muzyka to forfeit $73,143.91 that was seized from him during the investigation.
On March 16, 2016, Muzyka pleaded guilty to one count of conspiracy to commit the interstate transport of stolen property and one count of interstate transport of stolen property. He was ordered to report to prison on February 4, 2019.
On May 23, 2018, Connelly was found guilty of one count of conspiracy to commit the interstate transport of stolen property, and two counts of interstate transport of stolen property. On October 1, he was sentenced to 78 months of imprisonment and was ordered to forfeit an interest of $86,220.85 in a house he owns on Tuttle Drive in New Haven, $10,338.68 that was seized from his and Ace Amusements’ bank accounts, and $13,078.67 in cash that was seized from his person and from various locations inside Ace Amusements on January 25, 2016.
This investigation was conducted by the Federal Bureau of Investigation, with assistance from the Connecticut State Police, U.S. Marshals Service, U.S. Postal Inspection Service, Internal Revenue Service – Criminal Investigation Division, Connecticut Department of Correction, Connecticut Chief State’s Attorney’s Office, and the New Haven, North Haven, Milford, West Haven, Wallingford, Hamden and Orange Police Departments.
This case was prosecuted by Assistant U.S. Attorneys John T. Pierpont, Jr. and David T. Huang.
North Branford Man Admits Enticing Girls to Engage in Sexual Activity Through Online AppsRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that DANIEL FLEISCHAUER, 32, of North Branford, waived his right to be indicted and pleaded guilty today before U.S. District Judge Janet C. Hall in New Haven to enticing a minor to engage in sexual activity.
According to court documents and statements made in court, between approximately 2013 and 2017, Fleischauer communicated with minor females on internet applications, including Kik and Cypher. At times, the communications involved sexual topics. During these communications, Fleischauer sent sexually explicit images of himself to minor females, and he requested, and received, images and videos of minor females engaged in sexually explicit conduct. Fleischauer believed that one of the minors with whom he engaged in this conduct was under the age of 12.
Fleischauer has been detained since his arrest on December 13, 2017.
Judge Hall scheduled sentencing for February 7, 2019, at which time Fleischauer faces a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of life.
This matter is being investigated by the Connecticut Human Trafficking Task Force and Homeland Security Investigations, with the assistance of Kik Interactive. The case is being prosecuted by Assistant U.S. Attorney Anastasia E. King.
Nine illegal aliens sentenced for illegally re-entering the United StatesRead the Press Release
LAKE CHARLES, La. – United States Attorney David C. Joseph announced that nine illegal aliens pleaded guilty and were sentenced to prison for re-entering the United States after being previously removed.
The defendants were sentenced to a term of imprisonment spanning the time of their incarceration to sentencing. They were then remanded to the custody of U.S. Immigrations and Customs Enforcement for deportation proceedings.
According to the guilty pleas on October 15, 2018, Louisiana State Police arrested the defendants on June 15, 2018 near Lake Charles, Louisiana: Edgar Escobar-Perez, 19, Rosa Garcia-Aguilar, 26, Manuel Lopez-Lopez, 24, Adan Baten-Perez, 35, Migdalia Baten-Perez, 32, Oscar Chavajay-Lopez, 21, Enericto Lopez-Baten, 38, and Eddy Siney-Sajquiy, 24, all of Guatemala, and Julio Cesar Juarez-Nieves, 27, of Mexico.
Manuel Lopez-Lopez has been previously removed to Guatemala three times. He was first arrested on January 29, 2015 near Rio Grande City, Texas, and removed February 3, 2015. After that, he was arrested on January 20, 2018 near Laredo, Texas, and removed on January 30, 2018, and again arrested on April 3, 2018 near Rio Grande City, Texas, and removed on April 12, 2018;
Julio Juarez-Nieves has been previously removed to Mexico twice. He was first arrested on April 7, 2011 and removed to Mexico on April 11, 2011. After that, he was arrested once more on May 29, 2018 near Brownsville, Texas, and removed again on May 31, 2018;
Edgar Escobar-Perez has been previously removed to Guatemala twice. He was removed on January 31, 2018 after being arrested on November 28, 2017 near Laredo, Texas, and on May 11, 2018 after being arrested on March 22, 2018 near Harlingen, Texas;
Eddy Siney-Sajquiy has been previously removed on February 27, 2015 after being arrested on February 24, 2015, near Hidalgo, Texas;
Enericto Lopez-Baten has been previously removed to Guatemala on March 19, 2012 after being arrested on March 5, 2012 near Rio Grande City, Texas;
Rosa Garcia-Aguilar has been previously removed to Guatemala on January 23, 2018 after being arrested on November 17, 2017 near Laredo, Texas;
Adan Baten-Perez and Migdalia Baten-Perez have been previously removed to Guatemala on April 12, 2018 after being arrested on April 3, 2018 in Rio Grande City, Texas; and
Oscar Chavajay-Lopez has been previously removed to Guatemala on April 25, 2018 after being arrested on March 27, 2018 in Casa Grande, Arizona.
The U.S. Border Patrol and Louisiana State Police conducted the investigation. Assistant U.S. Attorney David J. Ayo prosecuted the case.
New Orleans Resident Sentenced to 78 Months Imprisonment after Previously Pleading Guilty to Possessing Child PornographyRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced yesterday that DAMIAN BARBARITO ROMERO, age 38, from New Orleans, Louisiana, was sentenced to 78 months imprisonment by United States District Judge Sarah S. Vance after previously pleading guilty to a one-count Indictment charging him with possession of child pornography involving children under the age of twelve, in violation of Title 18, United States Code, Section 2252(a)(4)(B). ROMERO was also sentenced to a period of 5 years of supervised release after his term of imprisonment. Judge Vance also ordered ROMERO to pay restitution in the amount of $7,000.00.
According to court documents, special agents with the Federal Bureau of Investigation executed a search warrant at ROMERO’S residence in February 2017. During the execution of the warrant, agents seized dozens of electronic devices, including laptop computers, “thumb” drives, external storage devices, and DVDs, that contained images and videos depicting the sexual victimization of children. A subsequent forensic review revealed that ROMERO had downloaded and saved approximately 3,984 unique images and 1,258 videos depicting the sexual victimization of children, including children as young as two (2) years old being forced to engage in violent sexually explicit conduct. The forensic review also determined that ROMERO attempted unsuccessfully to encrypt and hide his collection by using a sophisticated twenty-two character password.
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.
U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation. Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.
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National President of the Devils Diciples Motorcycle Gang Sentenced to Life Imprisonment in Connection with Racketeering and Drug-Trafficking ChargesRead the Press Release
The former National President of the Devils Diciples Motorcycle Club (DDMC), Jeff Garvin Smith, aka “Fat Dog,” 64, of Mt. Clemens, Michigan was sentenced November 13, 2018, to life in prison by the Honorable Judge Robert H. Cleland in Detroit, announced United States Attorney Matthew Schneider.
Schneider was joined in the announcement by Special Agent in Charge Timothy R. Slater, Federal Bureau of Investigation, Detroit Field Office.
Smith’s sentencing arises out of his having been convicted of several offenses after a six-month jury trial in 2014-2015 in federal court in the Eastern District of Michigan. Following a second, four-month trial in 2015, additional members of the Devils Diciples were convicted. In total, eight members of the Devils Diciples Motorcycle Club were convicted during two trials, including the national president (Smith), the national vice president and national warlord, and three others, for their participation in various criminal acts, including RICO, violent crimes in aid of racketeering, methamphetamine production and trafficking, illegal firearms offenses, obstruction of justice, subornation of perjury and other federal offenses.
“This brings to a close, in part, the years’ long effort of the federal government to bring down the leadership of a dangerous organized crime biker gang that terrorized innocent victims throughout the United States. For over three decades, the Devils Diciples spread fear, violence and their poisonous drugs throughout Michigan and the country,” said United States Attorney Matthew Schneider. “The extent of the crimes committed by members of this outlaw motorcycle gang is staggering, and they avoided prosecution over the years through witness intimidation and obstruction of justice at all levels. Very appropriately, the National President of the Devils Diciples will spend the rest of his life in federal prison. These sentencings help secure justice for the communities and all the individuals they harmed.”
“The life sentence imposed on this Defendant is a clear indication of the seriousness of the violence he engaged in and how committed the law enforcement community is to stop this kind of organized violence,” said Special Agent in Charge Timothy R. Slater, Detroit Division of the FBI. “The FBI, our state and local partners and the US Attorney’s offices across the region will not rest until all who would harm the peace and safety of our residents are brought to justice, regardless of where those threats originate.“
In addition to Smith, Devils Diciples National Warlord Cary Dale Vandiver, a/k/a “Gun Control,” 59, of Sand Mountain, Alabama, was sentenced to life imprisonment on November 1, 2018, methamphetamine cook Patrick Michael McKeoun, a/k/a “Magoo,” 59, of Birmingham, Alabama, was sentenced to 372 months on November 8, 2018, and Alabama leader, Michael Rich, a/k/a “Tatu,” 62 of Anniston, Alabama was sentenced to 360 months imprisonment on October 26, 2018.
Awaiting sentencing are four remaining defendants who were found guilty by a jury of engaging in a RICO conspiracy, methamphetamine trafficking conspiracy, conspiracy to obstruct justice, violent crimes in aid of racketeering and various substantive charges. Those individuals include: National Vice President Paul Anthony Darrah, aka “Pauli,” 54, of Macomb Township, Michigan; and “West Cost Boss” Vincent John Witort, a/k/a “Holiday,” 68, of Fontana, California. Victor Castano, 46, of St. Clair Shores, Michigan and David Randy Drozdowski, a/k/a “D,” 42, of Fair Haven, Michigan, were also found guilty in a second trial in late 2015 of engaging in a RICO conspiracy and methamphetamine trafficking conspiracy. Drozdowski was separately found guilty by a jury of committing violent crimes in aid of racketeering and being a felon in possession of ammunition, while Castano was separately found guilty of obstruction of justice and subornation of perjury. The remaining sentencings have been set at later dates before U.S. District Judge Robert H. Cleland of the Eastern District of Michigan.
According to evidence presented at these trials, the Devils Diciples (which is intentionally misspelled) is a motorcycle gang with its national headquarters in Clinton Township, Michigan. For decades, the Devils Diciples operated regional chapters in cities throughout Michigan, Alabama, Arizona, California, Illinois, Indiana, Ohio and elsewhere, and engaged in criminal activities to protect the enterprise and for financial gain.
Evidence presented at trial demonstrated that membership in the Devils Diciples is based in part on successful compleion of a probationary period, followed by formal approval by one or more members or leaders. Members, commonly referred to as “full patched members,” are required to own Harley Davidson motorcycles and are required to follow orders from the gang’s leadership, including orders to assault, threaten and intimidate others, to transport and distribute drugs, to lie to law enforcement and to hide or destroy evidence. Members are also required to follow the Devils Diciples by-laws and attend regular meetings referred to as “church.”
According to evidence presented at trial, Smith was the National President and Darrah was the National Vice President of the gang. In those roles, they were responsible for overall management of the activities of the other Devils Diciples members and chapters, including giving final approval to any activity generally affecting the gang as a whole. Vandiver was the National Warlord – or enforcer – of the gang. With other gang members, the leaders also participated directly in criminal activities both for financial gain on behalf of the Devils Diciples, and to protect the gang and its members.
Specifically, the evidence showed that at Smith’s direction, individuals including members and associates of the gang were beaten and robbed, and that Smith also participated in this activity directly. For instance, in late 1998, Smith shot a Devils Diciples member who failed to abide by the gang’s rules. And, in August 2008, Smith brutally assaulted the girlfriend of another Devils Diciples member because he believed she disrespected him and the gang.
Additionally, the evidence showed that Smith possessed state and federal law enforcement manuals regarding outlaw motorcycle gangs marked “For Official Use Only” and “Law Enforcement Sensitive,” and numerous documents related to criminal matters involving members of the Devils Diciples, including police reports, search warrants, affidavits, indictments and witness interview transcripts. The evidence showed that the documents were used for the purposes of counter-surveillance and to identify suspected informants. Suspected informants or members who failed to follow the gang’s rules were frequently thrown out of the gang, or “run down the road.” The evidence showed that when a member was stripped of his membership, the gang seized the member’s property and motorcycle, by violent means if necessary. For instance, the evidence at trial showed that in the mid-1990s, members of the gang murdered a former member for retaking motorcycle after the gang had “run him down the road” and seized his motorcycle.
The other defendants were also full patched members of the gang, who committed several other acts of violence.
For example, in August 2003, Witort and other gang members traveled from California and elsewhere to Arizona where they robbed, kidnapped and attempted to murder members of the gang’s Arizona Chapter for violating the gang’s rules. Inside the Arizona clubhouse, the victims were bound with duct tape and zip ties, and severely beaten with baseball bats, firearms, tasers, knives, and other weapons. The victims’ were stripped of personal possessions, such as phones, wallets, and shoes. They were then loaded into the bed of a pick-up truck, driven out into the desert, beaten further, and dumped into ravines, and left to die. The evidence showed that the beatings were planned by the national leaders, including Witort, and that Smith later congratulated participants, telling him in a letter that the Devils Diciples were “all proud of you.”
Additionally, the evidence demonstrated that in 2012, at a bar in Chesterfield Township, Michigan, Drozdowski and another Devils Diciples member assaulted a man who they mistaken believed to be a rival motorcycle gang member for being present in Devils Diciples territory. The victim was knocked unconscious and suffered multiple fractures to his face and jaw. Drozdowski and the other Devils Diciples member then ripped the leather vest off of the unconscious victim.
In addition to the four trial defendants sentenced recently, over 50 members and associates of the Devil’s Diciples have pleaded guilty to various crimes as result of this investigation. The investigation further resulted in the seizure of more than 60 firearms and more than 6,000 rounds of ammunition and the dismantling of eight methamphetamine manufacturing laboratories across the country.
The case was investigated by the FBI, the Michigan State Police, the Macomb County Sheriff’s Office and the County of Macomb Enforcement Team (COMET), with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the St. Clair County Sheriff’s Office. The case is being prosecuted by the U.S. Attorney’s Office for the Eastern District of Michigan, and the Criminal Division’s Organized Crime and Gang Section
Monroe County Man Guilty of Distributing HeroinRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced today that Emmanuel Delcastillo, age 26, of Tobyhanna, pleaded guilty on November 14, 2018, before U.S. Magistrate Judge Karoline Mehalchick to distributing heroin in July 2014.
According to United States Attorney David J. Freed, Delcastillo admitted to distributing 100 bags of heroin to a confidential informant on July 1, 2014, in Tobyhanna.
Judge Mehalchick ordered a pre-sentence investigation to be completed. Sentencing will be scheduled at a later date.
Delcastillo was indicted by a federal grand jury in October 2014, as a result of an investigation by the Drug Enforcement Administration, the Pennsylvania State Police, and Pocono Mountain Regional Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 20 years in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Mexican Prosecutors visit Federal Prosecutors in Eastern District of TexasRead the Press Release
PLANO, Texas - U.S. Attorney Joseph D. Brown announced today that 20 Mexican prosecutors will be in the Eastern District of Texas this week observing and learning about the United States federal judicial system while visiting the U.S. Attorney’s Office and the federal courthouse in Plano. The visit is in coordination with the Department of Justice’s Office of Overseas Prosecutorial Development Assistance and Training (OPDAT) and reflects U.S. Attorney Brown’s commitment to help fight organized crime at its source.
“The fight against crime requires that prosecutors and law-enforcement on both sides of the border be able to reach across international lines,” said U.S. Attorney Joseph D. Brown. “We hope to improve relationships, share intelligence, and make sure we are firing on all cylinders as we work to keep the public safe.”
Established in 1991, OPDAT builds strong foreign partnerships that can work with the United States to enhance cooperation in transnational cases and to fight crime before it reaches our shores. OPDAT provides expert assistance to foreign counterparts to help develop justice systems that can effectively combat transnational crime, corruption, and terrorism in furtherance of United States national security. Drawing primarily upon federal prosecutors from the Department of Justice and United States Attorney’s Offices, as of April 2017, OPDAT had 58 Resident Legal Advisors and Intermittent Legal Advisors posted in 47 countries. In helping to keep Americans safe from violent crime, OPDAT works closely with components throughout the Department of Justice, and partners globally with the International Criminal Investigative Training Assistance Program and with federal law enforcement agencies, including ATF, DEA, FBI, and United States Marshals.
The United States and Mexico have identified key criminal activities that are linked to organized crime, such as narcotics trafficking, money laundering, public corruption, and human trafficking. These criminal activities endanger the security and prosperity of the United States and Mexico. Accordingly, the United States and Mexico are working to strengthen their cooperation to effectively combat these international criminal organizations.
In this regard, the United States and Mexico plan to develop and share strategies to effectively combat and dismantle organized criminal structures.. This includes:
- Streamlining the exchange of information in real time among investigative bodies by utilizing law enforcement channels of communication whenever possible;
- Prioritizing and collaborating in the interdiction of shipments of narcotics and its illicit proceeds;
- Engaging in investigative strategies, where possible, to more effectively dismantle transnational criminal organizations;
- Increasing the exchange of best practices to more effectively investigative and prosecute transnational criminal organizations; and
- Developing joint capacity building and training programs for public sector actors responsible for criminal investigations and prosecutions, with a particular focus on organized crime, narcotics trafficking, money laundering, asset forfeiture, and public corruption.
The Eastern District of Texas looks forward to welcoming these visiting prosecutors on Nov. 14-15, 2018 knowing that the visit will advance the goals of this collaborative effort between the United States and Mexico.
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- Streamlining the exchange of information in real time among investigative bodies by utilizing law enforcement channels of communication whenever possible;
Mexican National Indicted for Murder Aboard Fishing Vessel 55 Miles Off Massachusetts CoastRead the Press Release
BOSTON – A federal grand jury has indicted a Mexican national in connection with a murder aboard a fishing vessel off the coast of Massachusetts.
Franklin Freddy Meave Vazquez, 27, was indicted today on one count of murder in the second degree, one count of attempted murder, and one count of assault with a dangerous weapon. Meave Vazquez was arrested and charged by complaint on Sept. 24, 2018, and has been detained since.
On Sept. 23, 2018, the fishing vessel, Captain Billy Haver, was sailing approximately 55 miles off the coast of Massachusetts with seven crew members aboard, including Meave Vazquez. It is alleged that at some point in the afternoon, Meave Vazquez assaulted a crew member on board with a hammer in one hand and a knife in the other. The victim then saw that another crew member was lying on the deck bleeding. Meave Vazquez then struck a third crew member with the hammer. It is further alleged that Meave Vazquez then climbed up the mast of the ship as the others onboard tried to capture him.
The captain of the ship placed a call on the distress channel, to which a German cruise ship, the Mein Schiff 6, responded. Two of the wounded were taken aboard the cruise ship, where one victim was pronounced dead by the ship’s doctor.
According to court documents, Meave Vazquez is illegally present in the United States. On March 9, 2018, he was arrested in Newport News, Va., for abduction by force, intimidation, or deception, and released on bond.
The charge of second degree murder provides for a sentence of up to life in prison, five years of supervised release, and a fine of $250,000. The charge of attempted murder provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000. The charge of assault with a dangerous weapon provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. Vazquez will be subject to deportation proceedings upon completion of any sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Richard D. Cox, Special Agent in Charge of the U.S Coast Guard Investigative Services Northeast Region; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Assistant U.S. Attorneys Christine Wichers and Laura J. Kaplan of Lelling’s Criminal Division are prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Man Pleads Guilty to Filing False Tax ReturnRead the Press Release
Israel Birman pleaded guilty yesterday in U.S. District Court for the Central District of California to filing a false federal tax return on which he failed to report interest income he earned from bank accounts at Bank Leumi Le-Israel B.M., announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to court documents, between 2006 and 2014, Israel Birman held offshore bank accounts in Israel at Bank Leumi and Israel Discount Bank. The accounts had balances over $10,000 each year, which required the filing of Reports of Foreign Bank and Financial Accounts (FBARs) with the Department of the Treasury. In 2013, Israel Birman’s bank accounts at Israel Discount Bank had a total value of over $3.4 million. Israel Birman did not file FBARs for 2006-2014. Israel Birman instructed Bank Leumi to hold bank mail from delivery to the United States, and obtained access to his offshore funds through the use of “back-to-back” loans from Bank Leumi USA collateralized by his undeclared Bank Leumi offshore funds. In 2009 and 2010, Israel Birman earned taxable interest income on his Bank Leumi bank accounts totaling over $187,000. He failed to report that interest income on his 2009 and 2010 federal tax returns.
“The Department of Justice continues to vigorously investigate and prosecute offshore account holders who maintain undeclared accounts and willfully ignore their U.S. reporting and tax obligations,” said Principal Deputy Assistant Attorney General Zuckerman.
In December 2014, Bank Leumi entered into a deferred prosecution agreementafter the bank admitted to conspiring from at least 2000 until early 2011 to aid and assist U.S. taxpayers to prepare and present false tax returns by hiding income and assets in offshore bank accounts in Israel and other locations around the world. Under the terms of the deferred prosecution agreement, Bank Leumi paid the United States a total of $270 million and continues to cooperate with respect to civil and criminal tax investigations.
U.S. citizens, resident aliens, and permanent legal residents with a foreign financial interest in or signatory authority over a foreign financial account worth more than $10,000 are required to file an FBAR each year disclosing the account.
Sentencing is scheduled for January 28, 2019. Birman faces a maximum sentence of three years in prison, as well as a period of supervised release, restitution and monetary penalties. As part of the plea agreement, Israel Birman has agreed to pay a civil penalty of not less than $1,709,883, representing fifty percent of the balance in his Israel Discount Bank account in 2013.
Principal Deputy Assistant Attorney General Zuckerman commended special agents from IRS-Criminal Investigation, who are investigating the case, and Tax Division Trial Attorneys Leslie Goemaat and Melissa Schraibman Grinberg, who are prosecuting the case. The Tax Division thanks the U.S. Attorney’s Office of the Central District of California for its assistance. Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Mahoning County judge indicted for stealing at least $100,000 from a former clientRead the Press Release
A Mahoning County judge was indicted in federal court for stealing at least $100,000 from a former client, said U.S. Attorney Justin E. Herdman and FBI Special Agent in Charge Stephen D. Anthony.
Diane Vettori-Caraballo, 50 of Youngstown, was charged with one count of mail fraud, one count of structuring cash deposits, and one count of making false statements to law enforcement.
Vettori-Carabllo and her husband Ismael Caraballo, 60, were also charged with one count of filing a false tax return.
Vettori-Caraballo stole between $100,200 and $328,000 in cash that was in the home of a client when that client died in March 2016, according to the indictment.
Vettori-Caraballo was elected to position of judge in Mahoning County Court #3 – Sebring Court in 2002, with jurisdiction over misdemeanor criminal and traffic charges and other matters in Sebring and Beloit Villages and Berlin, Green, Goshen,, Ellsworth, Smith and Washingtonville Townships. She was reelected in 2006 and 2012, according to the indictment.
She also provided estate planning services to Robert Sampson, including drafting his will. On Nov. 20, 2015, Vettori-Caraballo filed an application in Mahoning County Probate Court to administer Sampson’s estate. The application stated Sampson died without a will. The probate court, unaware of Sampson’s will, appointed Falgiani as the administrator three days later, according to the indictment.
Sampson died in 2015 and his closest living relative was his sister, Dolores Falgiani. Vettori-Caraballo prepared Falgiani will on Nov. 3, 2015. The will made 16 specific bequests to relatives and friends and bequeathed the rest of the estate to Animal Charity Human Society of Boardman and the Angels for Animal Charity in Canfield, according to the indictment.
Sometime in October or November 2015, Falgiani stated she was in possession of several shoeboxes of cash stored at her residence. Falgiani was found dead in her home on March 10, 2016, according to the indictment.
Vettori-Caraballo filed an application in Mahoning County Probate Court to probate Falgiani’s estate on March 24, 2016. On May 2, she reported having found cash in the residence and depositing the $20,000 into the estate, according to the indictment.
Vettori-Caraballo filed a notice of newly discovered assets with the court on several subsequent occasions in 2016 and 2017. Each time, she failed to disclose the cash she had stolen, according to the indictment.
The indictment also charged Vettori-Caraballo with structuring 22 deposits of the cash she stole into five different banks within four weeks to avoid regulations that require banks to report cash transactions over $10,000 to the IRS. In addition, the information charges that Vettori-Caraballo lied to the FBI when she was confronted about the theft and the structuring of cash deposits.
This case was investigated by the Fedearl Bureau of Investigation and the Internal Revenue Service-Criminal Investigations. It is being prosecuted by Assistant U.S. Attorneys Brian M. McDonough and Alex Abreu
If convicted, the sentence in this case will be determined by the Court after consideration of the Federal Sentencing Guidelines, which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is a charge and 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.
MS-13 Leader Sentenced to 16 Years in Prison for RICO ConspiracyRead the Press Release
BOSTON – The leader of MS-13’s Eastside Loco Salvatrucha (ESLS) clique was sentenced today in federal court in Boston for RICO conspiracy.
Edwin Guzman, a/k/a “Playa,” 32, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 16 years in prison and three years of supervised release. In February 2018, Guzman and two other MS-13 members, Herzzon Sandoval, a/k/a “Casper,” 36, and Erick Argueta Larios, a/k/a “Lobo,” 33, were convicted by a federal jury of conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. A fourth MS-13 member, Cesar Martinez, a/k/a “Cheche,” 37, was convicted at the same trial of conspiracy to possess with intent to distribute 500 grams or more of cocaine.
According to court documents, MS-13 was identified as a violent transnational criminal organization whose branches, or “cliques,” operate throughout the United States, including in Massachusetts. MS-13 members are required to commit acts of violence, specifically against rival gang members, to gain membership in and be promoted within the gang. Guzman and Sandoval were the leaders, also known as the “first word,” and “second word,” of the ESLS clique in Massachusetts.
On Sept. 20, 2015, Joel Martinez, a/k/a “Animal,” murdered a 15-year-old boy in East Boston. On Jan. 8, 2016, as a reward for the 2015 murder, Joel Martinez was promoted by the gang to “homeboy” status with a 13-second beat-in by other MS-13 members at an ESLS meeting that Guzman, Sandoval, Martinez and Argueta Larios attended.
In May 2018, Joel Martinez was sentenced to 40 years in prison and two years of supervised release after pleading guilty to RICO conspiracy involving murder. In October 2018, Sandoval was sentenced to 20 years in prison and two years of supervised release. Argueta Larios and Martinez are scheduled to be sentenced on Nov. 19, 2018, and Nov. 28, 2018, respectively.
Guzman was one of 49 defendants convicted as part of this case. All nine defendants who went to trial were convicted and 40 others pleaded guilty. In all, 16 defendants, including Joel Martinez, were found to have committed or knowingly participated in murders.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney John P. Pappas; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Gross; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement today. The U.S. Marshals Service has provided crucial assistance with the case.
Lumberton Man Sentenced for Drug DistributionRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, United States District Judge James C. Dever III sentenced ANTHONY ANDREWS, 51, of Lumberton, North Carolina, to 132 months imprisonment, followed by 3 years of supervised release.
ANDREWS was named in an Indictment filed on March 15, 2016, charging him with one count of conspiracy to distribute and possess with intent to distribute Endocet, Methadone, Oxycodone, Oxycontin, and Oxymorphone. On October 11, 2016, ANDREWS pled guilty.
According to the investigation, from June 2012 until April 2015, ANDREWS conspired with, among others, Dr. Donovan Dixon to distribute large volumes of prescription drugs in the Robeson County area unlawfully. ANDREWS would provide Dixon with names of individuals, and Dixon would then write prescriptions for those individuals in exchange for cash. ANDREWS would then sell those prescription drugs on the streets of Robeson County.
For information concerning the court’s sentence of Dr. Dixon please click on this link https://go.usa.gov/xPG7Z
Investigation of this case was conducted by the Drug Enforcement Administration’s Tactical Diversion Squad. Assistance was also provided by the State Bureau of Investigation, Diversion and Environmental Crime Unit, the Internal Revenue Service-Criminal Investigations (IRS-CI), the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Robeson County Sheriff’s Office, and the Fayetteville Police Department.
London Man Sentenced to 248 Months for Trafficking in Methamphetamine and Firearms chargesRead the Press Release
LONDON, Ky., — Bobby Green, 42 of London, was sentenced this week to 248 months in prison, by United States District Court Judge Gregory F. Van Tatenhove, for conspiracy to distribute methamphetamine, four counts of possession with the intent to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking offense, and possession of a firearm by a convicted felon.
Green had previously pled guilty to the drug offenses, but went to trial on the firearms charges. Following a 2-day trial, a federal jury sitting in London found Green guilty of the firearms offenses, in August of 2018.
Under federal law, Green must serve 85 percent of his prison sentence, and, upon release, will be under the supervision of the United States Probation Office for five years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Stuart Lowery, Special Agent in Charge, ATF;, and Richard Sanders, Commissioner of the Kentucky State Police, jointly made the announcement.
The investigation was conducted by the ATF and the KSP. The United States was represented by Assistant United States Attorney W. Samuel Dotson.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Attorney General reinvigorated PSN in 2017, as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, local strategies to reduce violent crime.
London Man Sentenced to 210 Months for Conspiracy to Distribute Oxycodone and OxymorphoneRead the Press Release
LONDON, Ky. — David Lee Davis, 47 of Williamsburg, Ky., was sentenced this week, to 210 months in federal prison, by United States District Court Judge Gregory F. Van Tatenhove, for conspiracy to distribute oxycodone and oxymorphone.
Davis previously admitted that he had obtained controlled substances by purchasing other people’s prescriptions, and then selling the pills. A search warrant executed in Whitley County, Kentucky uncovered a digital video recorder. The recorder revealed that approximately 100 drug transactions had occurred from within the residence. Davis was a participant in several of those transactions and pled guilty to the charge in July of 2018. Davis has multiple prior drug trafficking convictions.
Under federal law, Davis must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the United States Probation Office for six years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and D. Christopher Evans, Special Agent in Charge, Drug Enforcement Administration, jointly made the announcement.
The investigation was conducted by the DEA. The United States was represented by Assistant United States Attorney Jason D. Parman.
Laguna Pueblo Man Pleads Guilty to Assaulting an Intimate Partner by StrangulationRead the Press Release
ALBUQUERQUE – William E. Valencia, 28, an enrolled member of Laguna Pueblo who resides in Paguete, N.M., pled guilty today in federal court in Albuquerque, N.M., to assaulting his girlfriend by strangling or suffocating.
Valencia was arrested in Aug. 2018, on a criminal complaint charging him with assaulting a Laguna Pueblo woman by strangling her on July 17, 2018, in Cibola County, N.M. According to the complaint, Valencia assaulted the victim by stabbing her right arm with keys, punching and kicking her, and strangling her until she could not breathe and had blurry vision. The complaint alleged that the victim suffered punctures, bruising and red marks to both sides of her arms and her chest, and bruising and bumps to her head and legs as result of the assault.
During today’s proceedings, Valencia pled guilty to assault of an intimate partner by strangling or suffocating. In entering the guilty plea, Valencia admitted that on July 17, 2018, he assaulted his girlfriend by grabbing her by the throat and strangling her so she could not breathe.
At sentencing, Valencia faces a statutory maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Laguna/Acoma Agency of the BIA Office of Justice Services. Assistant U.S. Attorney Elisa C. Dimas is prosecuting the case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's ongoing efforts to increase engagement, coordination and action on public safety in tribal communities.
Kroger Shooting Suspect Charged with Federal Hate Crimes and Firearm OffensesRead the Press Release
Gregory A. Bush, 51, was indicted today by a federal grand jury on hate crime and firearm charges arising out of the racially motivated murder of two African-American patrons at a Kroger grocery store, and the attempted murder of a third, on Oct. 24 in Jeffersontown, Kentucky. The indictment was announced by Acting Attorney General Matthew Whitaker, Assistant Attorney General Eric Dreiband for the Civil Rights Division, U.S. Attorney Russell Coleman, and FBI Louisville Special Agent in Charge James Robert Brown, Jr.
Today’s indictment charges Bush with hate crimes for shooting and killing two victims because of their race and color; and for shooting at a third man because of his race and color. The indictment also charges Bush for using and discharging a firearm during and in relation to those crimes of violence. The indictment alleges that Bush committed the offenses after substantial planning and premeditation, that he killed more than one person in a single criminal episode, and that he knowingly created a grave risk of death to others on the scene.
The maximum penalty for the charges in the indictment is life imprisonment or the death penalty. The Justice Department will determine at a later date whether, in this particular case, it will seek the death penalty.
"The crimes alleged in this indictment are horrific," Acting Attorney General Whitaker said. "We cannot and will not tolerate violence motivated by racism. We will bring the full force of the law against these and any other alleged hate crimes against fellow Americans of any race. And so I want to thank the FBI, Trial Attorney Christopher Perras, and Assistant United States Attorney Amanda Gregory for all of their hard work that has made this indictment possible. Today we take one step closer to justice for the victims and their families and one step closer to helping this community try to heal."
“There is no place for hate-fueled violence in our community or Commonwealth,” stated U.S. Attorney Russell Coleman. “Federal, state, and local law enforcement stand united to ensure that Kentuckians can shop, worship, or attend school without the specter of fear.”
“The tragic events of October 24, 2018, are a grim reminder of why the FBI prioritizes investigations of civil rights violations among the top of its criminal programs,” said FBI Louisville Special Agent in Charge James Robert Brown, Jr. “Today's indictment should be a reminder to those who are motivated by hate and are intent on committing violence; your hateful ideology will not have the last word. The FBI, and the Department of Justice, will be there, and you will be caught and prosecuted to the fullest extent of the law.”
“The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is committed to working with our law enforcement partners to ensure justice for the victims, their families and the Louisville community throughout the investigation and prosecution of this alleged, hate-filled and violent crime,” stated Stuart Lowrey, Special Agent in Charge of the ATF Louisville Division. “Today, and every day, ATF’s ongoing priority is to reduce violent crime and secure the safety of our communities.”
An indictment is merely an accusation and the defendant is presumed innocent unless proven guilty.
This case has been investigated by the FBI Louisville Office, Bureau of Alcohol, Tobacco, Firearms and Explosives Louisville Field Division, and is being prosecuted by Trial Attorney Christopher J. Perras of the Civil Rights Division of the Department of Justice, and Assistant United States Attorney Amanda Gregory of the Western District of Kentucky.
Kroger Shooting Suspect Charged with Federal Hate Crimes and Firearm OffensesRead the Press Release
WASHINGTON – Gregory A. Bush, 51, was indicted today by a federal grand jury on hate crime and firearm charges arising out of the racially motivated murder of two African-American patrons at a Kroger grocery store, and the attempted murder of a third, on Oct. 24 in Jeffersontown, Kentucky. The indictment was announced by Acting Attorney General Matthew Whitaker, Assistant Attorney General Eric Dreiband for the Civil Rights Division, U.S. Attorney Russell Coleman, and FBI Louisville Special Agent in Charge James Robert Brown, Jr.
Today’s indictment charges Bush with hate crimes for shooting and killing two victims because of their race and color; and for shooting at a third man because of his race and color. The indictment also charges Bush for using and discharging a firearm during and in relation to those crimes of violence. The indictment alleges that Bush committed the offenses after substantial planning and premeditation, that he killed more than one person in a single criminal episode, and that he knowingly created a grave risk of death to others on the scene.
The maximum penalty for the charges in the indictment is life imprisonment or the death penalty. The Justice Department will determine at a later date whether, in this particular case, it will seek the death penalty.
"The crimes alleged in this indictment are horrific," Acting Attorney General Whitaker said. "We cannot and will not tolerate violence motivated by racism. We will bring the full force of the law against these and any other alleged hate crimes against fellow Americans of any race. And so I want to thank the FBI, Trial Attorney Christopher Perras, and Assistant United States Attorney Amanda Gregory for all of their hard work that has made this indictment possible. Today we take one step closer to justice for the victims and their families and one step closer to helping this community try to heal."
“There is no place for hate-fueled violence in our community or Commonwealth,” stated U.S. Attorney Russell Coleman. “Federal, state, and local law enforcement stand united to ensure that Kentuckians can shop, worship, or attend school without the specter of fear.”
“The tragic events of October 24, 2018, are a grim reminder of why the FBI prioritizes investigations of civil rights violations among the top of its criminal programs,” said FBI Louisville Special Agent in Charge James Robert Brown, Jr. “Today's indictment should be a reminder to those who are motivated by hate and are intent on committing violence; your hateful ideology will not have the last word. The FBI, and the Department of Justice, will be there, and you will be caught and prosecuted to the fullest extent of the law.”
“The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is committed to working with our law enforcement partners to ensure justice for the victims, their families and the Louisville community throughout the investigation and prosecution of this alleged, hate-filled and violent crime,” stated Stuart Lowrey, Special Agent in Charge of the ATF Louisville Division. “Today, and every day, ATF’s ongoing priority is to reduce violent crime and secure the safety of our communities.”
An indictment is merely an accusation and the defendant is presumed innocent unless proven guilty.
This case has been investigated by the FBI Louisville Office, Bureau of Alcohol, Tobacco, Firearms and Explosives Louisville Field Division, and is being prosecuted by Trial Attorney Christopher J. Perras of the Civil Rights Division of the Department of Justice, and Assistant United States Attorney Amanda Gregory of the Western District of Kentucky.
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Kewa Pueblo Man Pleads Guilty to Assaulting a Federal OfficerRead the Press Release
ALBUQUERQUE – Avery Cate, 27, an enrolled member of the Kewa Pueblo who resides in Bernalillo, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to assaulting a federal officer.
Cate was arrested in June 2018, on an indictment charging him with assaulting a federal officer. According to the indictment, Cate assaulted a Bureau of Indian Affairs officer on Jan. 30, 2015, on Kewa Pueblo in Sandoval County, N.M., while the officer was engaged in the performance of his official duties.
During today’s proceedings, Cate pled guilty to the indictment. In entering the guilty plea, Cate admitted that on Jan. 30, 2015, on Kewa Pueblo, he cursed, threatened, and approached the officers in a threatening manner. Cate further admitted resisting arrest and kicking a federal officer in the leg, causing the officer to fall. The officer obtained medical care for his leg and was diagnosed with a sprain as the result of Cate’s assault.
At sentencing, Cate faces a statutory maximum penalty of eight years in federal prison. Cate remains in federal custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the Southern Pueblos Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Elisa C. Dimas.
Kansas Man with Island Pot Farm Sentenced to Federal PrisonRead the Press Release
WICHITA, KAN. – A Kansas man who was growing marijuana on an island in the Neosho River was sentenced today to 65 months in federal prison, U.S. Attorney Stephen McAllister said.
Scott Joseph Skibo, 55, Chetopa, Kan., pleaded guilty to one count of unlawful possession of a firearm following a felony conviction. In his plea, he admitted he was tending his marijuana garden on an island in the Neosho River in Chetopa, Kan., when investigators had him under surveillance.
When law enforcement officers moved in to arrest him, Skibo got in his boat and fled. Officers in their own boat pursued him about half a mile before catching him. They seized about 50 marijuana plants, as well as a backpack containing a loaded .40 caliber Glock handgun, spare ammunition, marijuana, scissors, green twine, a water bottle and rain gear.
McAllister commended the Labette County Sheriff’s Office, the Kansas Bureau of Investigation and Assistant U.S. Attorney Kimberly Rodebaugh for their work on the case.
Jury Finds Sacramento Man Guilty of Trafficking CocaineRead the Press Release
SACRAMENTO, Calif. — A federal jury found Benjamin Macias, 40, of Sacramento, guilty today of conspiracy to distribute cocaine, distribution of cocaine, possession with intent to distribute cocaine, and being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, in 2014 and 2015, Macias supplied Sergio Ambriz, 29, of Sacramento, with cocaine. On four occasions, Ambriz sold this cocaine to an undercover agent in Sacramento and El Dorado Counties. Agents planned to arrest Macias and Ambriz at a fifth transaction on June 9, 2015. Shortly before they could do so, Macias sped away from the scene at about 90 miles per hour. Agents searched Macias’s car after they apprehended him. In the glove compartment, they found a Ruger 9 mm pistol loaded with hollow-tipped bullets; they also found more than 1 pound of cocaine in the trunk. On the same day, agents searched Macias’s Sacramento home and found ammunition, a 35-round magazine, and more cocaine.
Ambriz previously pleaded guilty to using a cellphone to facilitate a drug trafficking offense and was sentenced on November 4, 2016, to four years in prison.
This case is the product of an investigation by the Drug Enforcement Administration, the El Dorado County Sheriff’s Department, the El Dorado County District Attorney’s Office, the California Highway Patrol, the California Department of Corrections and Rehabilitation, and the Sacramento County Sheriff’s Department. Assistant U.S. Attorneys Paul A. Hemesath and Amanda Beck are prosecuting the case.
Macias is scheduled to be sentenced by U.S. District Judge Garland E. Burrell Jr. on February 8, 2018. Macias faces a maximum statutory sentence of 40 years in prison and a $5 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Jury Convicts Man for Sex Trafficking ConspiracyRead the Press Release
ALEXANDRIA, Va. – A federal jury convicted a Woodbridge man today for his role in a conspiracy to commit sex trafficking.
“Sex traffickers often prey upon the most vulnerable victims in our society,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “The victims were targeted specifically because Rhymes knew they were vulnerable and that he could exploit them, and he used fear, coercion, and control to force them into a form of modern-day slavery. We are grateful to the jury for their time and attention to this difficult case, and to our trial team and investigative partners for their terrific work in pursuit of justice for the victims in this case.”
According to court records and evidence presented at trial, Cornell Devore Rhymes, 32, conspired with others, including but not limited to Justin Robinson and Markus Plummer, who have been previously convicted, to forcibly sex traffic young women during the Summer of 2017. The jury found that Rhymes used tactics such as non-consensual sex, cocaine and violence to keep these and other young women prostituting for their benefit.
Rhymes was convicted of conspiracy to commit sex trafficking, and sex trafficking by force, fraud, and coercion. Prior to trial, Rhymes pleaded guilty to being a felon in possession of a firearm. Rhymes faces a mandatory minimum of 15 years in prison when sentenced on Feb. 15, 2019. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, Colonel Edwin C. Roessler Jr., Fairfax County Chief of Police, and Barry M. Barnard, Chief of Prince William County Police, made the announcement after Senior U.S. District Judge Claude M. Hilton accepted the verdict. Assistant U.S. Attorneys Whitney Dougherty Russell and Raizza Ty are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-22 (Rhymes), and 1:17-cr-310 (Robinson and Plummer).
Judge Hands Down Sentence in Multi-Million Dollar Scheme Defrauding Bibb County Schools, TaxpayersRead the Press Release
MACON — Isaac J. Culver, III was sentenced today for his involvement in a complex, multi-million dollar computer purchasing scheme defrauding taxpayers and the Bibb County School District, announced United States Attorney Charles E. Peeler. Following a nine day trial in July, Mr. Culver, age 48, of Lizella, Georgia, and his corporation, Progressive Consulting Technologies, Inc. (PCTI) were found guilty by a jury of his peers for conspiracy to commit wire and mail fraud, ten (10) counts of wire fraud, one count of mail fraud, and conspiracy to launder the proceeds of unlawful activity. The Honorable Marc Treadwell sentenced Mr. Culver to 87 months in prison and three years supervised release with PCTI sentenced to five years probation and a $500,000 fine. There is no parole in the federal system.
The charges against Mr. Culver, President and Chief Executive Officer of PCTI, stem from the sale of 15,000 NComputing devices for $3.7 million to upgrade classroom technology for the Bibb County School District (BCSD) in 2012.
Mr. Culver helped to create a fraudulent invoice listing CompTech, a technology company from Dayton, Ohio, as the vendor. Instead, the true purchaser of the NComputing devices was PCTI. As delivered, the devices were useless. The devices did not contain the necessary equipment to be functional (i.e. mouse, keyboard, monitor, servers, etc.).
Mr. Culver led others to believe that the purchase of NComputing devices was made pursuant to the General Services Administration (GSA) Schedule. CompTech understood this to be why PCTI asked them to participate in this transaction. The BCSD employees also believed that this was a GSA purchase, which meant that the transaction did not have to go through normal bidding procedures. In reality, this transaction was not made pursuant to the GSA.
After the December 2012 sale, Mr. Culver hid the fact that PCTI was the true purchaser of the NComputing devices and he did so by continuing to use CompTech to disguise his role. Mr. Culver did so, in part, because he and PCTI were able to net almost $2 million on the NComputing transaction alone. Based on other statements and actions taken by Mr. Culver, there was evidence that they planned to buy these other goods, again using CompTech as a pass through, to continue to profit secretly.
“Bibb County students are the ones who ultimately lost the most due to this multi-million dollar theft of taxpayer money. Instead of being used to enhance the education of Bibb County students, the Defendant used the money to enrich himself,” said Charles E. Peeler, U.S. Attorney for the Middle District of Georgia. “The sentence imposed against Mr. Culver sends a strong message that fraud against the government will not be tolerated in Bibb County. I would like to thank the Federal Bureau of Investigation, IRS Criminal Investigation, the Georgia Office of the Attorney General, and our trial team for their hard work in this matter.”
"The greed that drove Isaac Culver caused irreparable harm to the company he worked for, the citizens of Bibb County, and most importantly the students who were deprived of much needed tools to further their education," according to Chris Hacker, Special Agent in Charge of the FBI Atlanta Field Office. "Now he will pay for that greed with this sentencing and hopefully be a lesson to others who may be tempted to take advantage of our citizens."
"Culver made a decision to focus on his personal financial gain by taking money from innocent school children in an effort to enrich himself," said James E. Dorsey, Acting Special Agent in Charge, IRS - Criminal Investigation. "In choosing greed, Culver will spend time in jail for his unethical actions. IRS-CI will continue to work with our law enforcement partners in cleaning up this type of fraud and greed."
This case was investigated by the Federal Bureau of Investigation and Internal Revenue Service/Criminal Investigation. Assistant U.S. Attorneys Beth Howard and Danial Bennett are prosecuting the case for the Government with participation and cooperation of Special Assistant U.S. Attorney David McLaughlin from the Georgia Office of the Attorney General.
Questions concerning this case 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.
Jamestown Man Pleads Guilty to Selling HeroinRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Alex Mercado, 39, of Jamestown, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiracy to distribute one kilogram or more of heroin. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that beginning in early 2016, the defendant served as one of the primary mid-level distributors of heroin and cocaine for the Sigfredo Martinez drug organization. Mercado was responsible for the “night shift” transactions, while his co-defendant, Bryan Ferrer-Vazquez, distributed during the “day shift.” The defendant would receive a couple hundred bundles of heroin from Martinez every few days and was tasked with distributing it to smaller dealers and users. Mercado would then turn over the proceeds to Martinez and take payment for his role in the distribution. The defendant also directed co-defendant Ferrer-Vazquez to distribute heroin to specific customers and would collect the proceeds earned by Ferrer-Vazquez on behalf of Martinez. During this period of time, Mercado occasionally worked with other uncharged co-conspirators to process bulk quantities of heroin and repackage it for retail sale.
Between November 3, 2016, and March 2, 2017, the Drug Enforcement Administration conducted four controlled purchases of heroin with the defendant. On April 6, 2017, federal search warrants were executed at 385 Buffalo Street, the residence of Bryan Ferrer-Vazquez, and 32 Duquesne Street, the residence of Sigfredo Martinez. At each location, law enforcement officers seized numerous ledgers and paper records of drug transactions. A federal search warrant was also executed at Mercado’s residence at 1083 North Main Street in Jamestown where approximately 10 ounces of marijuana and several suboxone strips were recovered.
Charges are pending against Sigfredo Martinez and Bryan Ferrer-Vazquez. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the Jamestown Police Department, under the direction of Chief Harry Snellings.
Sentencing is scheduled for February 28, 2019, at 12:30 p.m. before Judge Arcara.
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Indictments Charge 16 Individuals with Drug Trafficking OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, Brian C. Turner, Special Agent in Charge of the Federal Bureau of Investigation, and Bridgeport Police Chief Armando J. Perez announced, today announced that 16 individuals have been charged with federal offenses related to the distribution of heroin, cocaine, crack and opioids in southern Connecticut.
According to allegations made in court, in the summer of 2017, members of the FBI’s Bridgeport Safe Streets Task Force and Bridgeport Police Department began investigating individuals who were distributing narcotics in and around Bridgeport. The investigation has included the use of court-authorized wiretaps, controlled purchases of narcotics, physical and video surveillance, and the execution of multiple search and seizure warrants. These law enforcement efforts have resulted in the seizure of narcotics, eight firearms – including three assault rifles and a destructive device – more than $360,000 in cash, and other items.
On November 14, 2018, a grand jury in New Haven returned three indictments charging 16 individuals. The majority of the defendants were arrested last week on federal criminal complaints, and one defendant was arrested today.
The following individuals are charged in an indictment with conspiracy to distribute and to possess with intent to distribute heroin:
LOUIE McDOWELL, 45, of Seymour
ANTONIO SMALL, a.k.a. “Tone” and “Bert,” 27, of Naugatuck
EVAN SHEFFIELD, a.k.a. “Smooth,” 32, of Bridgeport
CHRISTOPHER RODRIGUEZ, a.k.a. “Rico,” 30, of Hamden
JESSE PAPCUN, a.k.a. “Steve,” 30, of Stratford
ALLISON McAULIFFE, 28, of Fairfield
SHAWN JOBBAGY, 27, of Bridgeport
ALLISON COLAVITO, 31, of TrumbullThis indictment specifically charges McDowell and Small with conspiring to distribute and to possess with intent to distribute one kilogram or more of heroin, an offense that carries a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of life; Sheffield and Rodriguez with conspiring to distribute and to possess with intent to distribute 100 grams or more of heroin, an offense that carries a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 40 years; and Papcun, McAuliffe, Jobbagy and Colavito with conspiring to distribute and to possess with intent to distribute heroin, and an offense that carries a maximum term of imprisonment of 20 years.
The indictment also charges McDowell with possession with intent to distribute cocaine and heroin, Sheffield with possession with intent to distribute heroin and crack cocaine, and McAuliffe, Jobaggy and Colavito with use of telephone to facilitate a drug trafficking offense.
On November 6, 2018, a search of McDowell’s residence in Seymour revealed approximately one kilogram of cocaine, more than 100 grams of heroin, narcotics paraphernalia, five firearms, ammunition, and $129,203 in cash. A search of a safe deposit box maintained by McDowell revealed an additional $217,000 in cash. Investigators also seized $2,960 in cash and heroin from Sheffield’s Bridgeport residence, $1,770 in cash and a Rolex watch from Small’s Naugatuck residence, and narcotics, firearms and other weapons from Papcun’s Stratford residence.
The following individuals are charged in an indictment with conspiracy to distribute and to possess with intent to distribute various controlled substances, including cocaine, crack cocaine, heroin and oxycodone:
KEVIN JONES, II, a.k.a. “Ox” and “Scott,” 26, of Bridgeport
LUIS MARTINEZ, a.k.a. “Macho,” 53, of Stratford
SHAWN WOODARD, 27, of Bridgeport
DONALD LAWLOR, 38, of Norwalk
PHILLIP CHIAIA, 31, of Norwalk
JULIAN DELEPINE, 41, of Wilton
KEVIN JONES, SR., 54, of FarmingtonIf convicted of the charge, Jones II faces a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 40 years, and the other six defendants face a maximum term of imprisonment of 20 years.
The indictment also charges Jones II with possessing with intent to distribute cocaine, crack cocaine, heroin and oxycodone. On November 6, 2018, a search of his person and residence revealed narcotics, $2,823 in cash, jewelry and an ounce of gold. In addition, a search of Martinez’s Stratford residence revealed $11,132 in cash.
HARVEL CARTER, a.k.a. “Tec,” 25, of Bridgeport, is charged by indictment with one count of possession with intent to distribute, and distribution of, heroin, and one count of possession with intent to distribute heroin. Both offenses carry a maximum term of imprisonment of 20 years.
On November 6, 2018, a search Carter’s residence revealed heroin, two loaded handguns, and $1,406 in cash.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the FBI’s Bridgeport Safe Streets Task Force and the Bridgeport Police Department, as well as the DEA, Connecticut State Police, and the Stratford, Norwalk, Seymour and Trumbull Police Departments.
The case is being prosecuted by Assistant U.S. Attorneys Karen L. Peck and Anthony E. Kaplan.
Illegal aliens arrested in northwest Louisiana plead guilty, sentenced for illegally re-entering countryRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced that three illegal aliens arrested in northwest Louisiana pleaded guilty and were sentenced Tuesday by U.S. District Judge S. Maurice Hicks Jr. to terms of imprisonment for re-entering the United States after having been removed.
Juan Antonio Morales De Dios, 33, of Mexico. According to the guilty plea, a Sabine Parish Sheriff’s deputy conducted a traffic stop on Morales De Dios’ vehicle October 7, 2018. Pursuant to the request of the deputy, a U.S. Border Patrol agent conducted a check on the defendant and found that he had already been deported twice. He was removed from the United States on February 9, 2006 and January 29, 2016. United States Border Patrol and Sabine Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Brandon B. Brown prosecuted the case.
Jose Orlando Garcia-Mejia, 32, of Mexico. According to the guilty plea, Bossier City police detained Garcia-Mejia on June 2, 2018. After investigating his background, law enforcement agents found that Garcia-Mejia had already been removed from the United States on two prior occasions. He was found on December 11, 2017 in Bossier City and was later removed; he was also found on March 27, 2018 in Del Rio, Texas, and was later removed. Homeland Security Investigations and Bossier City Police Department conducted the investigation. Assistant U.S. Attorney Jessica D. Cassidy prosecuted the case.
Juan Cardona-Quiroz, 23, of Honduras. According to the guilty plea, law enforcement agents detained Cardona-Quiroz on October 2, 2018 in Bossier City, Louisiana, and learned that he was an illegal alien who had been removed from the United States on two occasions. He was found in Texas on March 1, 2013 and later removed; he was also found on January 9, 2014 in Bossier City and later removed. Homeland Security Investigations and U.S. Immigrations and Customs Enforcement conducted the investigation. Assistant U.S. Attorney Leon H. Whitten prosecuted the case.
The defendants were sentenced to a term of imprisonment spanning the time of their incarceration to sentencing. They were then remanded to the custody of U.S. Immigrations and Customs Enforcement for deportation proceedings.
Illegal Aliens Sentenced in Federal Court for Unlawfully Reentering the U.S.Read the Press Release
Columbia, South Carolina---- United States Attorney Sherri A. Lydon announced today that Noe Enrique Cabrera-Rivera, 38, a citizen of El Salvador, and Juan Angel Tabora-Garcia, 36, a citizen of Honduras, pled guilty and were sentenced in federal court to unlawfully reentering the United States after being deported.
Evidence presented to the court showed that Cabrera has previously been deported at least twice. Agents with Immigration and Customs Enforcement (ICE)-Enforcement and Removal Operations encountered him on September 17, 2018, at the Lexington County Detention Center after he was arrested on state charges for Murder/Homicide by Child Abuse.
Tabora has also previously been deported. He was encountered by agents with ICE-Enforcement and Removal Operations on September 15, 2018, at the Alvin S. Glenn Detention Center in Columbia after being arrested on state charges for Attempted Murder.
Chief United States District Judge Terry L. Wooten sentenced Cabrera and Tabora each to three months in federal prison. They are expected to be deported upon completion of their prison sentences.
These cases were the result of investigations by ICE-Enforcement and Removal Operations. Assistant United States Attorney William E. Day, II, of the Columbia office prosecuted the cases.
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Illegal Alien Pleads Guilty in Federal Court to Unlawfully Entering the United States for Sixth TimeRead the Press Release
Florence, South Carolina ---- United States Attorney Sherri A. Lydon announced today that Paulino Luna-Gonzalez, 45, a Mexican citizen, pled guilty in federal court to illegally re-entering the United States after being deported.
Evidence presented to the court showed that on May 13, 2018, Immigration and Customs Enforcement (ICE)-Enforcement and Removal Operations Deportation Officers discovered Luna-Gonzalez while he was in custody at the J. Reuben Long Detention Center in Horry County on state charges. Immigration records revealed that Luna-Gonzalez was a native and citizen of Mexico who had previously been deported from the United States on five separate occasions. Luna-Gonzalez has never received permission to enter or remain in the United States.
Luna-Gonzalez faces a maximum penalty of 10 years in federal prison. United States District Judge R. Bryan Harwell accepted the guilty plea and will sentence Luna-Gonzalez after receiving and reviewing a presentencing report prepared by the United States Probation Office.
The charges against Luna-Gonzalez were the result of an investigation by ICE-Enforcement and Removal Operations in Charleston, with the assistance of the Horry County Police Department. Assistant United States Attorney A. Bradley Parham of the Florence office is prosecuting the case.
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Horry County Man Pleads Guilty to Federal Firearm ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon announced today that Glendell Long, a/k/a “Okera Uzoma,” 46, of Longs, South Carolina, pled guilty in federal court to being a felon in possession of a firearm and ammunition.
Evidence presented to the court showed that in March 2018, officers with the Horry County Police Department were conducting an investigation into an unrelated crime when they discovered an American Tactical Omni Hybrid multi-caliber rifle and several rounds of .223 caliber and 7.62 mm ammunition in Long’s home. Long was not charged in relation to the separate crime.
Federal law prohibits Long from possessing a firearm or ammunition based on prior felony convictions for pointing and presenting a firearm, assault and battery with intent to kill, and unlawful carrying of a pistol. Long also has a prior federal conviction for being a felon in possession of a firearm.
Long faces a maximum penalty of 10 years in federal prison. United States District Judge R. Bryan Harwell accepted the guilty plea and will sentence him after receiving and reviewing a presentencing report prepared by the United States Probation Office.
The charges against Long were the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Horry County Police Department. The case was prosecuted as part of the joint federal, state, and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001 that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Turning the tide of rising violent crime in America is a top priority for the Department of Justice, which has reinstituted PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy. Assistant United States Attorney Christopher D. Taylor of the Columbia office is prosecuting the case.
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Honduran National Sentenced with Illegal ReentryRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced yesterday that GERMAN ALFREDO MOLINA-LARA age 35, a citizen of Honduras, was sentenced after previously pleading guilty to a one-count Bill of Information for illegally re-entering the United States in violation of Title 8, United States Code, Section 1326(a).
According to the Bill of Information, MOLINA-LARA was found in the United States on or about August 26, 2018, after having been previously removed therefrom on or about June 12, 2008.
MOLINA-LARA was sentenced to time served and a $100.00 special assessment. Additionally, MOLINA-LARA was turned over to Immigration and Customs Enforcement for deportation.
U.S. Attorney Strasser praised the work of the United States Department of Homeland Security, Immigration and Customs Enforcement in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
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