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20 December 2018
Stilwell Man Pleads Guilty to Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Justin Dale Killer, age 35, of Stilwell, Oklahoma, entered a guilty plea to Felon In Possession Of Firearm in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not less than 10 years imprisonment, up to a $250,000.00 fine, or both.
The Indictment alleged that on or about May 24, 2018, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm which had been shipped and transported in interstate commerce.
The charges arose as a result from an investigation by the Adair County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Dean Burris represented the United States.
Southampton Couple Indicted for Elder Fraud SchemeRead the Press Release
An indictment was unsealed today in federal court in Central Islip charging John Ficarra and his wife Mara Ficarra with conspiracy to commit mail, wire and bank fraud and conspiracy to commit money laundering. The Ficarras were arrested this morning, and will be arraigned this afternoon before United States Magistrate Judge Arlene R. Lindsay.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Philip R. Bartlett, Inspector-in-Charge, United States Postal Inspection Service, New York Division (USPIS), announced the charges.
“The defendants preyed upon some of the most vulnerable members of our community, stealing their personal information and defrauding financial institutions,” stated United States Attorney Donoghue. “Protecting the elderly from financial fraud remains a priority of the Department of Justice.” Mr. Donoghue also expressed his appreciation to the Southampton Town Police Department for its assistance with the investigation and today’s arrests.
“The Ficarra’s exploited victims by fraudulently using their bank routing numbers and bank account number to produce counterfeit checks,” stated USPIS Inspector-in-Charge Bartlett. “The checks were then deposited into accounts they controlled. Once the checks cleared, they withdrew the funds to the tune of more than $1 million.”
The Ficarras owned, operated and held senior management positions in various companies, including Remington Biographies, Inc., Remington Bookkeepers, Inc., and Mentorship America1, Inc. (collectively, the “Remington Entities”). The Remington Entities purported to publish reference publications containing biographical information of individuals across the country. Those publications included “Inspiring the Youth of America” and “The Remington Registry of Outstanding Professionals.”
As alleged in the indictment, from 2013 to the present, the Ficarras caused letters and pamphlets to be mailed to victims, primarily the elderly, indicating that the victim’s biography would be published in one of the reference publications. The letters, addressed “Dear Nominee,” indicated, “Your 2 books and your plaque are paid for in full and ready for delivery. Please send a check for $14.00 dollars for shipping and handling.” The pamphlet described the publication and stated in part, “The Remington Registry of Outstanding Professionals is more than a website, more than a book, more than a Biographical index and certainly more than a who’s who. It is the ultimate expression of achievements, hardships, and dedication that professionals have made in their lives and careers…. Sit back and be ready for a wonderful experience.” The mailings induced thousands of victims to send checks as payment for inclusion in the reference publications. The Ficarras then used the routing and bank account information on those checks to produce fraudulent checks for larger dollar amounts, which they then deposited into bank accounts they controlled at Citibank, Everbank, HSBC, JP Morgan Chase and Wells Fargo, among other financial institutions. The Ficarras promptly withdrew cash from the accounts, stealing more than $1 million dollars from the victim subscribers and financial institutions.
The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorney Catherine M. Mirabile is in charge of the prosecution, with the assistance of Assistant United States Attorney Madeline O’Connor of the Office’s Civil Division, which is responsible for the forfeiture of assets.
The Defendants:
JOHN FICARRA
Age: 53
Southampton, NYMARA FICARRA
Age: 54
Southampton, NYE.D.N.Y. Docket No. 18-CR-679 (JS)
South Charleston Man Pleads Guilty to Federal Drug ChargesRead the Press Release
CHARLESTON, W.Va. – A South Charleston man pled guilty to distribution of methamphetamine and possession with intent to distribute over 50 grams of pure methamphetamine, announced United States Attorney Mike Stuart. Jason Haddox, 35, entered his guilty plea before United States District Judge Irene C. Berger on December 19, 2018. Police investigators believe that Haddox and his girlfriend, co-defendant Mary Haynes, were prominent ice methamphetamine traffickers, distributing at least 20 ounces of methamphetamine per month throughout the Kanawha Valley. Stuart commended the investigation conducted by the Metropolitan Drug Enforcement Network Team (MDENT), the Nitro Police Department, the Lincoln County Sheriff’s Department, and the South Charleston Police Department.
“A tremendous amount of meth is being distributed throughout the Kanawha Valley,” said United States Attorney Mike Stuart. “Area law enforcement agencies are working tirelessly to identify meth dealers and my team is committed to prosecuting the peddlers of this poison.”
On April 4, 2017, police investigators used a confidential informant to purchase a quarter ounce of methamphetamine from Haynes in South Charleston. Haddox supplied Haynes with the methamphetamine. Investigators then executed a search warrant on Haddox’s South Charleston residence on April 7, 2017, where they recovered over two ounces of methamphetamine, drug paraphernalia and thousands of dollars of drug trafficking proceeds.
Haddox will be sentenced on April 3, 2019. He faces a mandatory minimum of ten years in prison and up to life imprisonment. Assistant United States Attorney Drew Inman is handling the prosecution.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Seven Illegal Aliens Charged for Reentering U.S. After RemovalRead the Press Release
NORFOLK, Va. – A federal grand jury returned indictments late yesterday charging seven illegal aliens with re-entering the United States after having previously been deported.
Name, Age
Citizenship
Charges
Max Penalty
Juan Sanchez-Pahua, 30
Mexico
Illegal Reentry following removal
2 years
Israel Balcazar-Martinez, 34
Mexico
Illegal Reentry following removal
2 years
Wilson Angel Jacobo-Tay, 24
Guatemala
Illegal Reentry following removal
2 years
Daniel De La Paz-Mata, 28
Mexico
Illegal Reentry following removal
2 years
Gerardo Toribio-Rodriguez,46
Mexico
Illegal Reentry following removal
2 years
Jorge Sormiento-Rodriguez,45
Honduras
Illegal Reentry following removal
2 years
Roberto Carlos Aju Aju, 28
Guatemala
Illegal Reentry following removal
2 years
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, and Russell Hott, Field Office Director for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C., made the announcement. Assistant U.S. Attorneys Kevin M. Comstock, V. Kathleen Dougherty, William D. Muhr, John F. Butler, Elizabeth M. Yusi, and Randy C. Stoker are prosecuting these cases.
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 Nos. 2:18-cr-186, 2:18-cr-187, 2:18-cr-188, 2:18-cr-190, 2:18-cr-192, 2:18-mj-536, and 2:18-mj-537.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Scranton Man Sentenced to over 15 Years’ Imprisonment for Drug Distribution Resulting in DeathRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Matthew McCollum, age 34, of Scranton, Pennsylvania, was sentenced on December 19, 2018, to 188 months’ imprisonment and three years’ supervised release by Senior United States District Court Judge A. Richard Caputo for drug distribution resulting in death.
According to United States Attorney David J. Freed, on December 13, 2015, McCollum distributed fentanyl laced heroin to a Dunmore man resulting in his death.
McCollum was indicted along with Josthan Cardona, age 27, and Holly Kaszuba, age 44, both of Scranton, on August 23, 2017. Cardona pleaded guilty on October 24, 2018 to conspiracy to distribute a controlled substance that resulted in two deaths and caused serious bodily injury to another. He is awaiting sentencing. Kaszuba was convicted by a jury trial on November 7, 2018 of drug distribution resulting in death and awaits sentencing.
Judge Caputo also ordered McCollum to pay restitution in the amount of $8,000.
The investigation was conducted by the Drug Enforcement Administration – Scranton Office, and the Dunmore and Scranton Police Departments. Assistant United States Attorney Michelle Olshefski prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice 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 and other opioids. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin and opioid traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Sacramento Real Estate Broker Indicted for International Money Laundering Conspiracy Funding Residential Marijuana Grows with Wires from ChinaRead the Press Release
SACRAMENTO, Calif. — A nine-count indictment was unsealed today after the arrests of Heidi Phong, 36, of Elk Grove, and Zhen Shang Lin, 37, of Riverside, U.S. Attorney McGregor W. Scott announced.
The indictment, brought by a federal grand jury on December 13, 2018, charged Phong, Lin, Li Juan Wang, 37, of Riverside, and Feng Li, 48, of Sacramento, with conspiracy to commit international money laundering, international money laundering, conspiracy to manufacture marijuana, and manufacturing marijuana. This is the third indictment stemming from Operation Lights Out — an operation that has already resulted in federal forfeiture actions against over 100 homes in the Sacramento area earlier this year.
According to court documents, Phong operated HP Real Estate and Skye Investment LLC in Sacramento. Using these entities, Phong conspired with others to arrange for the use of wires from China to purchase residential real estate throughout the region that was intended to be converted into indoor marijuana grows. Phong is also alleged to have entered three separate marijuana manufacturing conspiracies, two with individuals charged earlier in 2018 and one with Zhen Shang Lin and Li Juan Wang. Finally, Lin and Wang are charged with international money laundering and marijuana manufacturing charges related to real estate in Yuba and Sacramento counties.
This case is the product of an investigation by Federal Bureau of Investigation, the Drug Enforcement Administration, Homeland Security Investigations, and IRS Criminal Investigation. Yuba County Sheriff’s Office assisted. Assistant U.S. Attorneys Roger Yang, Matthew M. Yelovich, and Kevin C. Khasigian are prosecuting the case.
This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. 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.
If convicted, the defendants face a maximum statutory penalty of 40 years in prison and a $5 million fine for each of the marijuana-related counts, and a maximum penalty of 20 years in prison and $500,000 fine, or twice the value of the monetary instrument or funds involved, whichever is greater, for each of the money laundering related counts. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Rockledge Man Sentenced to 30 Years for Committing Sex Crimes Against ChildrenRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Frank Miles, III (32, Rockledge) to 30 years in federal prison for attempting to entice a minor to engage in sexual activity and for possessing child pornography. The court also ordered Miles to forfeit the electronic devices he had used to commit the offenses, and to pay a $5,000 special assessment.
Miles had pleaded guilty on September 25, 2018.
According to court documents, Miles transported to his online storage accounts at least 69 videos depicting the sexual abuse of children under the age of 12. State law enforcement officers arrested Miles and charged him with possession of child pornography.
While his state case was pending, Miles continued to sexually exploit children, creating a profile on a location-based teen social networking site, and posing as a 17-year-old high school student. There, Miles met someone whom he believed to be a 14-year-old, and arranged to meet her for sex. Unbeknownst to Miles, the 14-year-old was actually a law enforcement officer acting in an undercover capacity.
Miles arranged to meet the “child” at a convenience store, and officers arrested him when he arrived at the location.
During a search of Miles’s phone, officers discovered that Miles, while posing as the teenage high school student, had developed an online relationship with an actual minor. Miles had persuaded the minor to engage in sexual activity and to send him illicit photographs.
“This predator thought he was going to meet a child for sex, but instead he was arrested by undercover law enforcement,” said HSI Tampa SAC James C. Spero. “This significant sentencing brings closure to the investigation by HSI special agents and our Brevard County Sheriff’s Office partners.”
“This case is another example of our successful partnership with HSI and the U.S. Attorney’s Office taking a very dangerous sexual predator out of the community and putting him behind bars, where he can never harm a child again,” stated Brevard County Sheriff Wayne Ivey.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Brevard County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Karen L. Gable.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Richmond Man Sentenced to 15 Years for Armed Drug TraffickingRead the Press Release
LEXINGTON, Ky. — Dewayne Thomas Farmer, 34, of Richmond, Kentucky, was sentenced yesterday to 15 years in federal prison, by Chief United States District Judge Karen K. Caldwell, for possession with the intent to distribute methamphetamine, possession of firearms in furtherance of the drug distribution, and possession of firearms by a convicted felon.
During his guilty plea, Farmer admitted that, on June 27, 2017, law enforcement executed a search warrant at his Richmond apartment. During the search warrant, officers seized more than 220 grams of methamphetamine, which was in close proximity to two shotguns.
Farmer confirmed that he had traded drugs for the shotguns located in his apartment, that he kept the shotguns for protection, and that he intended to sell the methamphetamine. The value of the seized drugs exceeded $20,000.
Under federal law, Farmer 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 eight years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Stuart Lowrey, Special Agent in Charge of the ATF; Christopher Evans, Special Agent in Charge of the DEA; and James Ebert, Chief of the Richmond Police Department jointly made the announcement.
The investigation was conducted by the ATF, DEA, and Richmond Police Department. The United States was represented by Assistant United States Attorney Roger W. West.
RGV Company Owner Charged with Submitting False Claims to MedicaidRead the Press Release
McALLEN, Texas – A 47-year old resident of Rio Grande City has been indicted based on false statements he manufactured in connection with the operation of his Texas Medicaid-based durable medical equipment (DME) business, announced U.S. Attorney Ryan K. Patrick.
A federal grand jury returned the sealed indictment against Omar Cuate Canales on Dec. 18, 2018. It was unsealed today as authorities took him into custody. Canales is expected to make his initial appearance before U.S. Magistrate Judge Juan Alanis Friday morning.
The indictment alleges Canales, the owner and operator of Bluebonnet DME located in Roma, committed one count of conspiracy to submit false statements relating to health care matters, eight counts of false statements relating to health care matters and five counts of aggravated identity theft of local physicians’ names, medical license numbers and national provider identifier numbers.
From on or about January 2010 to on or about October 2016, Canales allegedly billed Texas Medicaid in excess of $1 million for claims that were supported by either false documentation Canales created or documentation that did not exist in Bluebonnet DME records. Canales is alleged to have deliberately destroyed patient records to conceal his false claims to Medicaid.
Each of the counts of false statements related to health care matters carries a maximum punishment of five years in federal prison and a $250,000 possible fine, upon conviction. If convicted of aggravated identity theft, Canales will also face an additional and mandatory two years in federal prison which must be served consecutively to any other prison sentence imposed.
Texas Attorney General’s Medicaid Fraud Control Unit, FBI and Department of Health and Human Services – Office of Inspector General conducted the investigation. Special Assistant U.S. Attorney Marian Swanberg and Assistant U.S. Attorney Andrew Swartz are prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Puerto Rico Resident Charged in Alleged Multimillion-Dollar Scheme to Defraud Owners of CryptocurrencyRead the Press Release
SAN FRANCISCO- A federal grand jury has indicted Jerry Ji Guo, charging him with eight counts of wire fraud in a scheme to defraud customers of cryptocurrencies, announced U.S. Attorney Alex G. Tse and Federal Bureau of Investigation Special Agent in Charge John F. Bennett.
According to the indictment filed November 15, 2018, Guo, 31, whose last residence was San Juan, Puerto Rico, devised a scheme to obtain cash and cryptocurrency from victims by convincing them he would provide marketing and publicity services as a consultant. Guo convinced potential customers to forward up-front fees and retainers by making false statements about his experience and credentials as consultant. Guo allegedly provided no consulting services and instead orchestrated the unauthorized transfer of cash and cryptocurrency out of supposed “escrow” accounts into accounts he controlled.
In addition to the indictment, on November 9, 2018, the government filed a complaint that describes some of the alleged conduct. According to the affidavit, Guo claimed to prospective clients that he would use his company, pressICO LLC, to provide client services as an initial coin offering (ICO) marketing and publicity agency. ICOs are like initial public offerings and are a relatively new way to use cryptocurrencies such as Bitcoin and ether to fund start-ups and projects. The marketing campaign generally plays and important role in a successful ICO. The affidavit alleges that Guo convinced clients to forward to him funds by claiming the services he could provide had value because he had an extensive network of contacts within the cryptocurrency industry, he oversaw the documentation necessary for a $100 million ICO, and his company pressICO raised $165 million in connection with nine ICOs. According to the affidavit, none of these claims was true.
Further, the affidavit describes how Guo allegedly transferred funds from supposed escrow-like accounts to accounts that Guo controlled. Guo convinced clients to deposit funds into the special cryptocurrency accounts in part by assuring the clients that their authority would be required in two ways before funds could be transferred. Specifically, Guo misrepresented to his clients that he would be unable to remove funds from the accounts both without the private passcodes that were given to the clients and without the clients’ approval regarding the account to which the funds would be transferred. In reality, neither was true. Guo maintained a separate set of backup private codes that enabled him to gain access to, and authority to remove funds from, the accounts. Also, Guo set up special pre-approved accounts that were able to receive fund transfers without client knowledge or approval. Further, the affidavit states that on August 19, 2018, Guo executed unauthorized orders transferring funds valued at more than $3.4 million into accounts he controlled.
In sum, Guo is charged with eight counts of wire fraud, in violation of 18 U.S.C. § 1343. The complaint and indictment merely allege crimes have been committed, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt. If found guilty, Guo faces a maximum statutory penalty of 20 years in prison and a fine of $250,000, plus restitution for each count alleged in the indictment. Additional terms of supervised release also may be imposed. However, any sentence after conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Guo was arrested in Puerto Rico and made his initial appearance this morning before U.S. Magistrate Judge Sallie Kim. His next scheduled appearance is scheduled for January 22, 2019, at 9:00 am, before the Honorable Beth Labson Freeman, U.S. District Judge in San Jose, California, for a status conference.
Assistant U.S. Attorney Matt Parrella is prosecuting the case with the assistance of Elise Etter. The prosecution is the result of an investigation by the FBI.
Pryor man sentenced in assault, strangulationRead the Press Release
BILLINGS—Pryor resident Gary Duke Carlson was sentenced on Wednesday to 46 months in federal prison and three years of supervised release for assaulting and strangling a woman, U.S. Attorney Kurt G. Alme said.
Carlson, 28, pleaded guilty earlier to assault by strangulation and to assault resulting in substantial bodily injury,
U.S. District Judge Susan P. Watters presided at the hearings.
In May 2017 in Pryor, on the Crow Indian Reservation, Carlson made accusations about the victim, became physically abusive and began to strangle her. In June 2017, Carlson again made accusations and head-butted the victim. He also hit her in the face with his hands, injuring her face. In an interview with Bureau of Indian Affairs agents, Carlson denied hitting the victim but said he pushed her and that she fell into a dresser or a door.
Assistant U.S. Attorney Thomas Godfrey prosecuted the case, which was investigated by the FBI.
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Pittsburgh Man Pleads Guilty in Crack Cocaine Distribution SchemeRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pa., pleaded guilty in federal court to a charge of conspiracy to distribute a quantity of crack cocaine, United States Attorney Scott W. Brady announced today.
Robert Moore, age 36, pleaded guilty to one count before Senior United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that in 2017, the Federal Bureau of Investigation and the Drug Enforcement Administration initiated a wiretap investigation, primarily targeting the GBK street gang and drug trafficking in and around an area known as the Greenway Projects, located in the West End of the City of Pittsburgh. The wiretap investigation revealed that from in and around November 2017 through in and around June 2018, Robert Moore and his co-conspirators possessed with intent to distribute and distributed quantities crack cocaine.
Judge Schwab scheduled sentencing for May 30, 2019 at 10 a.m. The law provides for a total sentence of 20 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history of the defendant.
Pending sentencing, the court continued the defendant’s bond.
Assistant United States Attorneys Tonya Sulia Goodman and Rachael Dizard are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Drug Enforcement Administration jointly led the multi-agency investigation, which also included the Pittsburgh Bureau of Police, Allegheny County Sheriff’s Office, Pennsylvania State Police, Robinson Township Police Department, Stowe Township Police Department, Pennsylvania Attorney General’s Office, Wilkinsburg Borough Police Department, and the McKees Rocks Police Department, that led to the prosecution of Robert Moore.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Pittsburgh Heroin Dealer Sentenced to Nearly 5 Years’ ImprisonmentRead the Press Release
PITTSBURGH – A former resident of Pittsburgh, PA has been sentenced in federal court to four years and nine months in prison, followed by six years of supervised release, on his conviction of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
United States District Court Judge Cathy Bissoon imposed the sentence on Anthony Ptomey, 26, on one count of possession with intent to distribute heroin.
According to information presented to the court, on April 17, 2017, investigators observed Ptomey enter a home, leave after a short amount of time, and enter a vehicle. When Ptomey left the home, he was making suspicious movements in his crotch area and continually re-adjusting his pants in the waistband area. Investigators subsequently stopped the vehicle Ptomey was in and saw Ptomey, who was in the front driver’s seat, reaching back and pulling a diaper bag into the front of the car.
Officers ultimately recovered seven bricks of heroin from Ptomey’s crotch region. After the driver and owner of the vehicle consented to a search of the car, officers recovered eight more bricks of heroin from the diaper bag. Ptomey later admitted that in March and April of 2017, he would receive 10 – 15 bricks of heroin twice a week, every week from a supplier and then redistribute that heroin.
Assistant United States Attorney Timothy M. Lanni prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation – Western District of Pennsylvania Opioid Task Force for the investigation leading to the successful prosecution of Anthony Ptomey. This Task Force is comprised of FBI Special Agents and state and local Task Force Officers, including officers from the Pittsburgh Bureau of Police, Allegheny County Sherriff’s Department, Allegheny County Police, Port Authority Police, Munhall Police Department, West Mifflin Police Department, and Pennsylvania Attorney General’s Office.
Pittsburgh Felon Sentenced to 22 Years in Prison for Violating Federal Bank Robbery and Firearms LawsRead the Press Release
PITTSBURGH, Pa. - A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 15 years on each of Counts 1-4 to be served concurrently and seven years on Count 5; to be served consecutive with Counts 1-4 for a total of 22 years’ imprisonment on his conviction of five counts of violating federal bank robbery and firearms laws, United States Attorney Scott W. Brady announced today.
Senior United States District Judge Donetta W. Ambrose imposed the sentence yesterday on Leonard Gibbons, 55.
According to information presented to the court, on or about July 17, 2015, Gibbons stole $7,828.00 from the Compass Federal Savings Bank located at 111 Westinghouse Avenue, Wilmerding, Pennsylvania; and on or about November 19, 2015, Gibbons used a firearm to steal $3,971.00 from the First Commonwealth Bank located at 1527 Lincoln Way, White Oak, Pennsylvania. It is unlawful for Gibbons, who has previously been convicted of multiple felony offenses, to possess a firearm. Federal law prohibits a person convicted of a crime punishable by in excess of one year imprisonment from possessing a firearm or ammunition.
Assistant United States Attorney Shardul S. Desai prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation (FBI), the McKeesport Police Department, the North Versailles Police Department, the White Oak Police Department, and the Allegheny County Police Department for the investigation leading to the successful prosecution of Gibbons.
Parkersburg Man Pleads Guilty to Federal Methamphetamine ChargesRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man pled guilty to conspiracy to distribute 50 grams or more of methamphetamine, announced United States Attorney Mike Stuart. Nicholas Easton, 29, entered his guilty plea before United States District Judge Irene C. Berger. Stuart commended the investigative efforts of the FBI, the Parkersburg Police Department, and the Parkersburg Narcotics and Violent Crime Task Force.
“This investigation dismantled a significant drug trafficking organization that was bringing meth into Parkersburg area,” said United States Attorney Mike Stuart. “We are working with our counterparts in other states to shut these multi-state drug networks down.”
On September 20, 2018, Easton was arrested at his Pettyville Road residence following a long-term investigation of a methamphetamine trafficking organization operating in and around Parkersburg, as well as Dayton, Ohio, Tampa, Florida, and Phoenix, Arizona. Easton admitted distributing between 50 and 200 grams of methamphetamine in Parkersburg between February and September 2018.
Easton faces a mandatory minimum of five years and a maximum of 40 years in federal prison when he is sentenced on April 3, 2019. Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Owner of Northeast Iowa Organic Grain Brokerage Pleads Guilty to Fraudulent Sales Totaling Nearly $140 MillionRead the Press Release
A Missouri man who fraudulently sold tens of millions of dollars’ worth of non-organic grain as though it was organic pled guilty today in federal court in Cedar Rapids.
Randy Constant, age 61, from Chillicothe, Missouri, was convicted of one count of wire fraud. Constant admitted the fraudulent scheme involved at least $142,433,475 in grain sales, and the vast majority of those sales were fraudulent. At the hearing, he admitted that, from 2010 to 2017, he misled customers into thinking they were buying certified organic grain when the grain he was selling was not organic. Constant admitted falsely telling customers the grain he sold was grown on his certified organic fields in Nebraska and Missouri when the grain was not organic either because he purchased the grain from other growers, the certified organic fields were sprayed with unauthorized substances, or organic grain was mixed with non-organic grain. Constant made many of the sales through a brokerage he owned that operated in Ossian, Iowa, known as Jericho Solutions. As part of the plea, Constant also agreed to forfeit $128,190,128 in proceeds from the fraudulent scheme.
In related matters, three farmers from Nebraska previously pled guilty to fraud involving sales of grain they grew that was fraudulently marketed as organic. On October 12, 2018, Tom Brennan, age 70, James Brennan, age 40, and Mike Potter, age 41, all from Overton, Nebraska, were each convicted of one count of wire fraud. At their respective plea hearings, each man admitted to growing grain between 2010 and 2017 that was not organic. Each further admitted that they knew the grain was being marketed and sold as organic, even though it was not in fact organically grown. The charging documents allege that, during the 2010 to 2017 period, each of the three farmers received more than $2.5 million for grain fraudulently marketed as organic.
Sentencing before United States District Court C.J. Williams will be set after a presentence report is prepared. Constant was released on bond pending further proceedings. He faces a possible maximum sentence of 20 years’ imprisonment, at least a $250,000 fine, and up to three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorneys Jacob Schunk and Anthony Morfitt and investigated by the United States Department of Agriculture – Office of Inspector General and the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number are 18-CR-2034, 18-CR-2058, 18-CR-2059, and 18-CR-2060.
Follow us on Twitter @USAO_NDIA.
Owner of Vehicle Maintenance and Repair Companies Convicted of Bribery and Tax Fraud in Manhattan Federal CourtRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that IBRAHIM ISSA, a/k/a “Tony Issa,” was found guilty yesterday of bribery of public officials and tax fraud. A unanimous jury convicted ISSA after a two-week trial before Chief United States District Judge Colleen McMahon.
U.S. Attorney Geoffrey S. Berman said: “As proven at trial, Ibrahim Issa provided cash, lavish meals, and trips to managers of U.S. Postal Service Vehicle Maintenance Facilities (“VMFs”) in exchange for lucrative vehicle maintenance and repair jobs on Postal Service vehicles. In addition, Issa evaded and conspired to evade both corporate and personal income taxes.”
According to court documents and the evidence at trial:
From at least in or about 2012 up to and including in or about August 2016, ISSA, who owned and operated numerous auto-repair and maintenance companies in the New York area and elsewhere, paid bribes to Postal Service VMF managers in order to obtain work repairing and maintaining vehicles belonging to the Postal Service. ISSA provided cash, gifts, lavish meals, and trips to these VMF Managers in exchange for receiving work for his companies. As a result of some of these bribes, ISSA received millions of dollars in fees from the Postal Service.
In addition, from at least in or about 2012 up to and including in or about August 2016, ISSA conspired with others to evade paying federal income taxes for his auto-repair and maintenance companies by misreporting income and expenses to the IRS. ISSA also signed and subscribed to false personal income tax returns. As a result of ISSA’s tax fraud through both his companies and personally, ISSA failed to pay hundreds of thousands of dollars in taxes due and owing.
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IBRAHIM ISSA, 56, of Manhattan, New York, was convicted of one count of bribery (which carries a maximum sentence 15 years in prison), one count of conspiracy to file a false corporate tax return (five years in prison), one count of corporate tax evasion (five years in prison), one count of aiding and abetting the filing of a false corporate tax return (three years in prison), and three counts of signing and subscribing a false personal tax return (each of which carries a maximum penalty of three years in prison).
The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. ISSA is scheduled to be sentenced on April 30, 2019, at 4:00 p.m., before Chief Judge McMahon.
Mr. Berman praised the outstanding work of the United States Postal Service Office of the Inspector General and the Internal Revenue Service.
This matter is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Kyle Wirshba, Elizabeth Hanft, and Noah Solowiejczyk are in charge of the prosecution.
Obion County Man Sentenced to 120 Months Imprisonment for Solicitation and Enticement of a MinorRead the Press Release
Jackson, TN –Michael Beamish, 27, of Obion County has been sentenced to 120 months in federal prison for solicitation and enticement of a minor for sexual activity. U.S. Attorney D. Michael Dunavant announced the sentence today.
According to information presented in court, from January 30, 2017 through February 6, 2017, Beamish, used a cell phone and social media to coerce a fifteen year-old to engage in sexual activity. On February 4, 2017, the girl’s mother discovered the text messages and contacted law enforcement. Law enforcement began an investigation with the aid of the youth’s mother to communicate with Beamish. The defendant arranged to meet at a local park, believing he would meet the girl for sexual activity, and was arrested in Weakley County.
On August 27, 2018, Beamish pleaded guilty to using a facility and means of interstate commerce, a cell phone and the internet, to knowingly persuade, induce, entice and coerce a minor female to engage in criminal sexual activity.
On December 10, 2018, U.S. District Court Chief Judge S. Thomas Anderson sentenced Beamish to 120 months in federal prison followed by seven years of supervised release.
U.S. Attorney D. Michael Dunavant said, “With the proliferation of cell phones and social media, criminals are using more deceptive and disturbing ways to commit crimes against vulnerable victims, including the solicitation and enticement of children for sex. This office will always aggressively prosecute and seek significant and mandatory sentences for such predatory behavior in order to protect children and hold offenders accountable.”
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc.
This case was investigated by the Dresden Police Department, Martin Police Department and the FBI.
Assistant U.S. Attorneys Debra Ireland, Kasey Weiland and Vic Ivy prosecuted this case on behalf of the government.
Norwalk Man Admits to Escaping from Waterbury Halfway HouseRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that BRANDEN HUERTAS, 37, formerly of Norwalk, pleaded guilty today before U.S. District Judge Janet Bond Arterton in New Haven to escaping from custody.
According to court documents and statements made in court, on June 22, 2018, Huertas escaped from custody at the Chase Center in Waterbury. Huertas had been confined to the Chase Center to complete a 60-month prison term for unlawful possession of a firearm.
Judge Arterton scheduled sentencing for March 20, 2019, at which time Huertas faces a maximum term of imprisonment of five years.
This matter has been investigated by the U.S. Marshals Service and is being prosecuted by Assistant U.S. Attorney Lauren Clark.
North Alabama Man Sentenced to More than 10 Years for Online Drug-Trafficking ConspiracyRead the Press Release
BIRMINGHAM - A Madison man who used the internet’s dark markets in an online drug trafficking conspiracy was sentenced on Wednesday, to more than a decade in federal prison, announced U.S. Attorney Jay E. Town, U.S. Postal Inspection Service Inspector in Charge Adrian Gonzalez and DEA Associate Special Agent in Charge Brad Byerley.
U.S. District Judge Madeline Hughes Haikala sentenced JOSEPH WILLIAM DAVIS, 26, to 126 months in prison for distributing, possessing with intent to distribute and conspiring to distribute or to possess with intent to distribute more than 50 grams of methamphetamine, more than 40 grams of fentanyl, 2.81 grams of cocaine, and more than 80,000 units of Alprazolam.
“Federal law enforcement will continue to shine a spotlight on drug dealers operating in the darkest corners of the internet,” Town said. “Federal prison beds await them all.”
“I commend the hard work and countless hours put forth by all of the law enforcement agencies involved,” Gonzalez said. “Together we will continue to be vigilant in identifying and working to prosecute those who illegally utilize the mail while keeping the safety of the American public and our Postal Service employees at the forefront.”
“The successful prosecution of Joseph Davis is a direct result of outstanding partnerships with federal, state, and local law enforcement,” Byerley said. “It should put others who engage in this type of activity on notice: if you sell drugs, whether on the street corner or online on the dark web, you will face federal charges and a lengthy prison sentence. This sentence in federal prison sends a message of our unending resolve to pursue drug traffickers who wreak havoc in our communities.”
Davis, also known on the internet’s dark markets as OlympusXans, or OX, pled guilty in August to conspiracy to traffic drugs, including fentanyl and methamphetamine, and to possessing firearms in furtherance of drug trafficking. Davis used encrypted internet chats to arrange smuggled shipments of illegal drugs, which he arranged to be delivered via U.S. Mail to addresses in Madison County.
U.S. Postal Inspectors, the Drug Enforcement Administration, Huntsville-Madison County STAC, and the Cullman County Sheriff's Department investigated the case, which Assistant U.S. Attorney Jonathan S. Keim prosecuted.
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Nigerian National Pleads Guilty to Role in Phishing Scheme that Victimized Connecticut School EmployeesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that OLUKAYODE IBRAHIM LAWAL, 36, a citizen of Nigeria last residing in Smyrna, Georgia, pleaded guilty today before U.S. District Judge Jeffrey A. Meyer in New Haven to a conspiracy charge stemming from a scheme to obtain the personal identifying information of school employees in Connecticut and elsewhere.
According to court documents and statements made in court, special agents from the FBI’s cybercrime squad in New Haven and the IRS have been investigating “phishing” emails that were sent to various school districts in Connecticut last year.
In March 2017, an employee of the Groton Public Schools received an email that appeared to be sent by another Groton school system employee. The email contained a request to send W-2 tax information for all employees of the school system. The recipient of the email responded by sending copies of the W-2 information for approximately 1,300 Groton Public Schools employees. After the W-2 information was emailed, approximately 100 suspicious Forms 1040 were filed electronically with the IRS in the names of victims of the Groton phishing scheme. The 100 tax returns claimed refunds totaling $491,737. Approximately three of the returns were processed, and $23,543 in fraudulently-obtained funds were electronically deposited into various bank accounts. The other returns were not processed because they were suspected of being fraudulent.
Lawal controlled or used certain email accounts involved in this phishing scheme. A co-conspirator of Lawal sent personal identifying information, including names and Social Security Numbers, of at least 10 employees to an email account that Lawal used. Lawal then sent the victims’ personal identifying information to another co-conspirator.
The investigation further revealed that in February 2017, in a related scheme, Sacred Heart Academy in Hamden was victimized by a phishing e-mail that requested W-2 forms for its employees. Approximately 103 employee W-2 forms were compromised as a result of phishing e-mail. The IRS confirmed that 33 victims had fraudulent tax returns filed electronically with the IRS, claiming refunds in the amount of $314,184. The returns were not processed because they were suspected of being fraudulent.
Lawal pleaded guilty to one count of conspiracy to commit wire fraud, an offense that carry a maximum term of imprisonment of 20 years. Judge Meyer scheduled sentencing for March 14, 2019.
Lawal entered the U.S. on a visitor’s visa on November 24, 2016, and failed to depart on his scheduled departure date of December 1, 2016. He has been detained since his arrest on May 9, 2018.
This matter is being investigated by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney Sarala V. Nagala.
U.S. Attorney Durham thanked the FBI and IRS in Atlanta, and the U.S. Attorney’s Office for the Northern District of Georgia, for their valuable assistance in this matter.
New York CPA Admits False Tax FilingRead the Press Release
NEWARK, N.J. – A certified public accountant from New York today admitted filing a tax return in his own name that contained materially false information, U.S. Attorney Craig Carpenito announced.
Christopher Miu, 58, pleaded guilty before U.S. District Judge William J. Martini in Newark federal court to an information charging him with one count of subscribing to a tax return that he knew substantially understated his gross income.
According to documents filed in this case and statements made in court:
Between 2008 and 2014, Miu failed to file income tax returns own his own behalf. When he ultimately filed returns for those years, Miu substantially under-reported his gross income, leading to a tax loss to the United States of more than $550,000.
The count to which Miu pleaded guilty carries a maximum potential statutory penalty of three years in prison, and a fine of up to $100,000. Miu has also agreed to resolve his tax due and owing with the IRS. Sentencing is scheduled for April 25, 2019.
U.S. Attorney Carpenito credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Jonathan R. Tafur, with the investigation leading to today’s guilty plea.
The government is represented by Senior Trial Counsel Andrew Leven of the Healthcare & Government Fraud Unit of the U.S. Attorney’s Office, District of New Jersey.
New Orleans Man Sentenced for Bank Robbery and Interstate Transportation of Stolen PropertyRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that RONALD VANTRESS, JR., age 53, of New Orleans, was sentenced on Thursday, December 13, 2018, after pleading guilty to a three-count indictment charging bank robbery, interstate transportation of stolen property, and interstate transportation of a stolen motor vehicle.
Chief United States District Judge Nanette Jolivette Brown sentenced VANTRESS to 77 months of imprisonment, followed by 3 years of supervised release and a $300 special assessment fee.
According to the indictment, on March 21, 2018, VANTRESS robbed the Gulf Coast Bank and Trust, located at 201 North Carrollton Ave., New Orleans, Louisiana. After the robbery, VANTRESS also transported a stolen 2009 Toyota Camry, a stolen license plate, and other stolen property from New Orleans to Texas.
U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation and the New Orleans Police Department in investigating this matter. Assistant United States Attorney Jonathan L. Shih is in charge of the prosecution.
New Orleans Man Charged in Credit Card Fraud ConspiracyRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that JEFFERY JOSEPH, age 24, a resident of New Orleans, was charged Friday, December 14, 2018 in a second superseding indictment with conspiracy to commit access device fraud and related offenses. He joins four other defendants already charged in this conspiracy, all of whom are from New Orleans: LAKISHA WILLIAMS, age 37, BRITTANY WHITE, age 32, KEYIRA GABLE, age 32, and TAMIKA STEVENS, age 47.
According to court documents, JOSEPH and the other defendants engaged in a scheme to obtain merchandise and cash from stores through fraud. The defendants obtained stolen credit and debit card information, encoded it onto cards, and then used that information to purchase items at stores. The defendants would then return the items at a different store of the same chain, but they would deceive store workers in order to have the chargeback credited to their own bank accounts. In order to perpetrate the scheme without being detected, JOSEPH and the other defendants took flights to commit the fraud in different states, including Florida, Tennessee, Ohio, Massachusetts, Colorado, Oregon, Washington and others. Records show that JOSEPH received fraudulent chargebacks from a variety of stores, including JCPenney, T.J.Maxx, Ross, Kay Jewelers, Zales, and others. Most recently, JOSEPH used a social security number that was stolen from a minor child to open a Verizon account in Baton Rouge.
If convicted, JOSEPH faces the following penalties. For conspiracy to commit access device fraud, he faces a maximum of five years in prison. For the unauthorized use of access devices and possessing fifteen or more unauthorized access devices, he faces a maximum of ten years in prison. For possession of access device-making equipment, JOSEPH faces a maximum of fifteen years in prison. Finally, JOSEPH is charged with aggravated identity theft, which mandates a two year prison sentence consecutive to any other sentence. JOSEPH may also be fined up to $250,000.00, or twice the gross gain or gross loss caused by this scheme.
U.S. Attorney Strasser reiterated that an indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.
U.S. Attorney Strasser praised the agencies that contributed to this indictment, which represents a coordinated effort of federal and state law enforcement authorities within the Louisiana Financial Crimes Task Force. The Task Force includes representatives from the U.S. Secret Service, U.S. Postal Inspection Service, Louisiana Attorney General’s Office, Jefferson Parish Sheriff’s Office, New Orleans Police Department, Covington Police Department, Hammond Police Department, Kenner Police Department, Louisiana State Police, Mandeville Police Department, Slidell Police Department, St. Bernard Parish Sheriff’s Office, St. John The Baptist Sheriff’s Office, St. Tammany Parish Sheriff’s Office, Tangipahoa Parish Sheriff’s Office, St. Tammany Parish District Attorney’s Office, Homeland Security Investigations, U.S. State Department, Internal Revenue Service, Social Security Administration-Office of Inspector General, and the Defense Criminal Investigative Service. U.S. Attorney Strasser also thanked the Jefferson Parish District Attorney’s Office for their assistance. Assistant United States Attorney Matthew R. Payne is in charge of the prosecution.
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New Haven Man Charged with Illegally Possessing Gun and AmmunitionRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that a federal grand jury in Hartford has returned an indictment charging EDWARD LUGO, 37, of New Haven, with one count of possession of a firearm and ammunition by a convicted felon.
The indictment was returned on December 13, 2018. Lugo appeared today before U.S. Magistrate Judge Robert A. Richardson in Hartford and entered a plea of not guilty to the charge.
As alleged in the indictment, on September 19, 2018, Lugo possessed a 9mm Kel-Tec Model P-11 pistol and more than 100 rounds of assorted ammunition.
It is further alleged that Lugo’s criminal history includes felony convictions in Connecticut and New York for firearm, weapon, drug, larceny and possession of stolen property offenses.
It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
If convicted of the charge, Lugo faces a maximum term of imprisonment of 10 years.
Lugo has been detained since his arrest on September 19.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Statewide Narcotics Task Force, New Haven Police Department, and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The case is being prosecuted by Assistant U.S. Attorney Margaret E. Maigret.
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 neighborhoods safer for everyone.
New Britain Man Charged with Possession of a Firearm and Ammunition as a Convicted FelonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, Kelly D. Brady, Special Agent in Charge, ATF Boston Field Division, and Hartford Police Chief David Rosado today announced that a federal grand jury in Hartford returned an indictment yesterday charging JOHN ANDERSON, 37, of New Britain, with one count of possession of a firearm and ammunition by a convicted felon.
As alleged in the indictment, on October 11, 2018, Anderson possessed a Ruger, Model EC9S, 9mm pistol with an obliterated serial number, and six rounds of 9mm ammunition. Anderson’s criminal history includes state felony convictions for burglary in the third degree and assault in the second degree.
It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
Anderson has been detained in state custody since his arrest by Hartford Police on October 11.
If convicted of the charge, Anderson faces a maximum term of imprisonment of 10 years.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hartford Police Department. The case is being prosecuted by Assistant U.S. Attorney Nathaniel J. Gentile.
This prosecution has been brought through Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Neenah Man Arrested on Federal Child Pornography ChargesRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin, announced that on December 20, 2018, Alexander P. Bebris (age: 49) of Neenah, Wisconsin, was charged by a criminal complaint with distribution of child pornography, contrary to Title 18, United States Code, Section 2252A(a)(2)(A), and possession of child pornography, contrary to Title 18, United States Code, Section 2252A(a)(5)(B). He faces a mandatory minimum sentence of 5 years and up to 20 years of incarceration in federal prison.
According to the complaint and supporting affidavit, in September of 2018, Facebook notified the National Center for Missing and Exploited Children (NCMEC) that one of its users had sent images of child pornography via its messenger system to another Facebook user account. The Wisconsin Internet Crimes Against Children (ICAC) Taskforce launched an investigation and determined that the images were sent from an IP address in use at Bebris’s residence in Neenah. Investigators sought and obtained a search warrant for that residence.
On December 19, 2018, the search warrant was executed at Bebris’ residence. A preliminary forensic examination of the hard drive on Bebris’ computer revealed images of pornography involving children ranging in age from approximately one to ten years old.
This case was investigated by the Wisconsin Department of Justice’s ICAC Task Force, the Wisconsin Department of Justice, Division of Criminal Investigation, and the Winnebago County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Daniel R. Humble.
A criminal complaint is only a charge and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove him guilty beyond a reasonable doubt.
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 U.S. Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.
For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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For further information contact:
Public Information Officer Dean Puschnig (414) 297-1700
Mount Vernon Man Charged with August 2018 MurderRead the Press Release
Geoffrey S. Berman, United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Shawn Harris, Commissioner of the Mount Vernon Police Department, announced the unsealing of a federal indictment charging BARRY JOHNSON, 26, with aiding and abetting the murder of David DeGrace, 36, on August 26, 2018, in furtherance of a marijuana distribution conspiracy. JOHNSON was arrested this morning in Mount Vernon and will be presented this afternoon before United States Magistrate Judge Lisa M. Smith.
U.S. Attorney Geoffrey S. Berman said: “Last summer, David DeGrace was shot dead, the victim of senseless drug-related violence. As alleged, Barry Johnson aided and abetted that murder. Thanks to the work of our remarkable law enforcement partners, Johnson now stands charged in federal court for his role in this terrible crime.”
FBI Assistant Director William F. Sweeney Jr. said: “In addition to the scourge of addiction, the drug trade brings violence and fear to our communities. As alleged, Barry Johnson aided and abetted the death of David DeGrace for no other reason than to further that drug trade. The FBI and our partners are committed to eradicating drugs and associated criminal activity from our streets.”
Commissioner Shawn Harris said: “I anticipate the arrest and prosecution of Barry Johnson will bring some closure to the family of David DeGrace. This case is another example of a successful inter-agency investigation that lead to the arrest of a violent offender. I express thanks to U.S. Attorney Geoffrey S. Berman and FBI Assistant Director William F. Sweeney Jr. for their continued support to hold those accountable who engage in violent criminal activity. The men and women of the FBI Westchester County Safe Streets Task Force and the Mount Vernon Police Department are endlessly working together to make Mount Vernon a safer city.”
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According to the allegations in the Indictment[1]:
On or about August 26, 2018, JOHNSON aided and abetted the murder of David DeGrace in Mount Vernon, New York, in furtherance of a marijuana distribution conspiracy.
JOHNSON is charged with one count of aiding and abetting the murder of DeGrace through the use of a firearm during and in relation to a narcotics trafficking offense, in violation of 18 U.S.C. §§ 924(j) and 2. This charge carries a maximum penalty of death or life in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the FBI Westchester County Safe Streets Task Force, which comprises agents and task force officers from the FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Probation Office, New York State Police, New York City Police Department, Mount Vernon Police Department, Yonkers Police Department, Greenburgh Police Department, Peekskill Police Department, Westchester County Police Department, and Westchester County District Attorney’s Office. Mr. Berman also thanked the Mount Vernon Police Department for its assistance in this matter.
This case is being handled by the Office’s White Plains Division and Violent and Organized Crime Unit. Assistant United States Attorneys Christopher Brumwell and Celia V. Cohen are in charge of the prosecution.
[1] As the introductory phase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.
Monongalia County man sentenced for drug and firearms chargesRead the Press Release
CLARKSBURG, WEST VIRGINIA – Isaiah Davis, of Morgantown, West Virginia, was sentenced today to 60 months incarceration for drug and firearms charges, United States Attorney Bill Powell announced.
Davis, age 27, pled guilty to one count of “Possession with Intent to Distribute Cocaine Hydrochloride” and one count of “Use of a Firearm During and in Relation to a Drug Offense” in August 2018. Davis admitted to possessing and distributing cocaine in Monongalia County in October 2017. Davis, who was previously convicted of a felony, also admitted to having a .40 caliber pistol, which used during a drug offense, in January of 2018 in Monongalia County.
This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Morgantown Police Department investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Mississippi Resident Sentenced for Unlawful Use of Merchant Mariner CredentialsRead the Press Release
NEW ORLEANS, LOUISIANA – JEFFREY M. DESALVO, age 35, a resident of Picayune, Mississippi, was sentenced Thursday, December 13, 2018 after previously pleading guilty to three counts of unlawful use of a merchant mariner license in violation of Title 18, United States Code, Section 2197.
U.S. District Judge Nanette Jolivette Brown sentenced DESALVO to serve 24 months in prison and ordered him to pay a $300 special assessment.
According to court documents, on February 4, 2015, DESALVO entered into a settlement with the U.S. Coast Guard wherein he agreed to surrender his merchant mariner credentials in lieu of having them permanently revoked. In connection with the settlement agreement, DESALVO submitted an affidavit to the U.S. Coast Guard in which he stated that his credentials had been destroyed, when, in truth and fact, his credentials had not been destroyed. In addition to the foregoing, DESALVO illegally used his suspended credentials to obtain work as a boat captain for four different companies that operated on the Mississippi River.
U.S. Attorney Strasser praised the work of the United States Coast Guard in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
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Microcap Company CEO Sentenced to 52 Months in Prison for Securities FraudRead the Press Release
TRENTON, N.J. – The chief executive officer of a publicly traded microcap company was sentenced today to 52 months in prison for orchestrating a multimillion-dollar securities fraud scheme using false reports with the U.S. Securities and Exchange Commission, U.S. Attorney Craig Carpenito announced.
Cary Lee Peterson, 38, of Phoenix, Arizona, was previously found guilty of all three counts of an indictment charging him with two counts of false certification in SEC filings and one count of securities fraud. He was convicted following a two-week trial before U.S. District Judge Anne E. Thompson, who imposed the sentence today in Trenton federal court.
According to documents filed in this case and evidence presented at trial:
Peterson, as CEO of RVPlus Inc., filed numerous false reports with the SEC, including:
- On Aug. 21, 2012, Peterson falsely certified on SEC Form 8-K that RVPlus had entered into a contract worth $1.8 billion with the Ministry of Environment for Katsina State within the Federal Republic of Nigeria to provide unspecified green energy products and services.
- On Nov. 16, 2013, Peterson falsely certified on SEC Form 8-K that RVPlus had entered into a contract worth $90 million with the Commission of the Foreign Affairs to the Senate for the Republic of Haiti.
- On Dec. 21, 2012, Peterson falsely certified on Form 10-Q that RVPlus held $8,653,846 in short-term accounts receivable for services rendered under the Nigeria agreement, despite prior warnings from RVPlus’ auditors that reporting these receivables as revenue was improper.
- On Dec. 27, 2012, Peterson falsely certified on SEC Form 8-K that RVPlus had entered into a contract worth $10.5 million with the Federal Ministry of Planning & Economic Affairs for the Republic of Liberia.
- On March 28, 2013, Peterson falsely certified on SEC Form 10-Q that RVPlus held $17,590,837 in short-term accounts receivable from, among other sources, the Haiti and Liberia agreements.
The SEC suspended trading in RVPlus on July 19, 2013, due to questions concerning the accuracy of RVPlus’ periodic financial filings, including reported accounts receivable, assets, and operations.
Peterson also claimed that ECCO2 Corp., a not-for-profit owned by Peterson was an “affiliate organization” of the U.N. Convention on Climate Change. Peterson claimed that “[t]his status held with the sectors of the United Nations opens many windows of opportunity to over $100 billion in financial aid to fund ECCO2 projects.” ECCO2 was never an affiliate of the U.N. Convention on Climate Change. In fact, the U.N. wrote to Peterson on two separate occasions demanding that ECCO2 stop claiming that it was.
In addition to the prison term, Judge Thompson sentenced Peterson to three years of supervised release and ordered him to pay restitution of $250,167.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation. He also thanked FBI special agents under the direction of Special Agent in Charge John F. Bennett in San Francisco for their assistance with Peterson’s arrest, and the U.S. Securities and Exchange Commission’s New York Regional Office, under the direction of Regional Director Marc P. Berger and Senior Associate Regional Director Sanjay Wadhwa, for its assistance.
The government is represented by Assistant U.S. Attorney Ari Fontecchio of the U.S. Attorney’s Office Criminal Division and Executive Assistant U.S. Attorney Zach Intrater.
Miami Man Sentenced to Four Years’ Imprisonment for Participation in Apple Pay Fraud SchemeRead the Press Release
Jacksonville, Florida – U.S. District Judge Brian J. Davis has sentenced Max Johnny Wesley (23, Miami) to four years in federal prison for access device (credit card) fraud, aggravated identity theft, and conspiracy to commit wire fraud. As part of his sentence, the court also entered a money judgment in the amount of $272,842.88, the proceeds of Wesley’s participation in the fraud scheme.
Wesley had pleaded guilty on July 16, 2018.
According to court documents, Wesley and others fraudulently obtained access to at least 477 credit card accounts and linked those accounts to the Apple Pay application on their iPhones. Then, using their iPhones, Wesley and the others were able to make purchases with their victims’ credit card accounts, all without having to present actual credit cards to retailers. The group made more than $1.5 million in fraudulent purchases. Of that total, the court found Wesley responsible for $272,842.88 in losses associated with more than 700 fraudulent transactions.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Michael J. Coolican.
Mendon, Michigan Man Sentenced to 13 Months in Prison for Crop Insurance FraudRead the Press Release
GRAND RAPIDS, MICHIGAN - U.S. Attorney Andrew Birge announced today that Douglas Edward Diekman, 55, of Mendon, Michigan, was sentenced to 13 months in federal prison for committing crop insurance fraud. He was also ordered to serve two years of supervised release and pay $488,432.86 in restitution. U.S District Judge Paul Maloney imposed the sentence.
Diekman pled guilty to conspiring with Michael Stamp of Stamp Farms to defraud the federal crop insurance program. Diekman admitted that he illegally obtained crop insurance for approximately 1,000 acres of farmland he rented to Stamp Farms. Diekman did not farm the land and had no ownership interest in the crops. Nevertheless, he falsely certified that he had a 100% ownership interest in the crops and falsely certified that he had crop losses. When Stamp Farms declared bankruptcy and was unable to pay rent for the farmland, Diekman kept a crop insurance indemnity payment to which he was not entitled.
U.S. Attorney Birge said, "This office will continue to vigorously prosecute people like Mr. Diekman who defraud taxpayer-funded programs such as the federal crop insurance program."
Manny Muriel, Special Agent in Charge of the Detroit's IRS Criminal Investigation, stated, "IRS Special Agents and our Federal Law Enforcement partners will continue to work tirelessly to bring to justice those who attempt to defraud programs that are backed by taxpayer funds. We will not tolerate those cheating the system in efforts to deepen their own pockets at everyone else's expense."
The case was investigated by the United States Department of Agriculture, Office of Inspector General, with assistance from the Risk Management Agency’s Compliance Investigators, and the Internal Revenue Service-Criminal Investigation Division. Clay Stiffler handled the prosecution.
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Men from Cleveland, Canton and Garfield Heights indicted on firearms chargesRead the Press Release
Three people were indicted in federal court for firearms crimes.
Riccardo D. Harris, 35, of Canton, was charged being a felon in possession of a firearm and ammunition. Harris had a Smith & Wesson .40-caliber pistol and ammunition on Oct. 19, despite a previous conviction for aggravated robbery, according to the indictment.
Damien Loveless, 39, of Cleveland, was charged being a felon in possession of a firearm and ammunition. Loveless had a Romarm/Cugir 7.62 x 39 mm rifle and ammunition, on Nov. 2, despite previous convictions for aggravated arson, attempted aggravated robbery, drug trafficking, assault on a police officer, firearms convictions and other crimes, according to the indictment.
Karl Bates, 21, of Garfield Heights, was charged being a felon in possession of a firearm and ammunition. Bates possessed a loaded Colt .38-caliber revolver on Nov. 14, despite previous convictions for felonious assault, drug trafficking and drug possession, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
These cases were investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Canton Police Department. They are being prosecuted by Assistant U.S. Attorneys Aaron P. Howell, Margaret Kane and Kathryn Andrachik.
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.
Massachusetts Man Sentenced to 5 Years in Prison for Paying Minor to Engage in Sexual Activity over SkypeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that WILLIAM GAUVIN, 43, of Andover, Massachusetts, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 60 months of imprisonment, followed by 10 years of supervised release, for paying a minor to engage in sexual activity over Skype.
According to court documents and statements made in court, between approximately October 2016 and March 2017, Gauvin, using the name “Will Wiggins,” solicited a 17-year-old boy in Connecticut to engage in sexually explicit conduct over Skype. In exchange for the minor victim transmitting visual depictions of sexually explicit conduct to Gauvin, Gauvin paid the minor victim more than $3,000 using PayPal. Gauvin also asked the minor victim to persuade his brother, who was 15, to engage in sexually explicit conduct in exchange for money.
Gauvin resided in Worcester, Massachusetts, at the time of the criminal conduct.
The investigation revealed that Gauvin also paid other minor victims to engage in sexually explicit conduct online.
GAUVIN was arrested on a federal criminal complaint on November 1, 2017. On September 25, 2018, he pleaded guilty to one count of receipt of child pornography.
Gauvin, who is released on a $100,000 bond, was ordered to report to prison on February 15, 2019.
This matter was investigated by Homeland Security Investigations (HSI) and the Connecticut State Police, with the assistance of the Worcester Police Department. The case was prosecuted by Assistant U.S. Attorney Nancy V. Gifford.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Manchester Man Pleads Guilty to Child Exploitation OffenseRead the Press Release
John H. Durham. United States Attorney for the District of Connecticut, announced that LUQMAN GOTTI, formerly known as Timothy Pennington, 37, of Manchester, waived his right to be indicted and pleaded guilty today before U.S. District Judge Victor A. Bolden in Bridgeport to a child pornography offense.
According to court documents and statements made in court, in June 2017, Gotti and a 13-year-old boy were communicating through the Kik messaging application. After the boy informed Gotti that he was 14 years old, Gotti asked the boy for pictures and sent the boy a sexually explicit image of himself, intending that the boy send Gotti a sexually explicit picture in return. The boy then sent sexually explicit pictures of himself to Gotti. Later in the conversation, Gotti told the boy “I already went to jail over a 14 year old not trying to go through that again.” Gotti then asked the boy for more sexually explicit pictures. In response, the boy sent GOTTI another sexually explicit photograph and video of himself.
Gotti pleaded guilty to one count of accessing with intent to view child pornography, an offense that carries a maximum term of imprisonment of 10 years. However, based on Gotti’s prior felony conviction in the state of Connecticut for second degree sexual assault of a 14-year-old girl, the government’s position is that Gotti faces enhanced penalties of a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of 20 years.
Gotti’s name in 2000, when he sustained the sexual assault conviction, was Timothy Pennington. Gotti legally changed his name from Timothy Pennington.
Gotti was arrested on a federal criminal complaint on April 25, 2018. He has been in state custody on related charges since November 14, 2017.
A sentencing date has not been scheduled.
This matter is being investigated by the Federal Bureau of Investigation and the Manchester Police Department. The case is being prosecuted by Assistant U.S. Attorneys Neeraj N. Patel and Pilar Gonzalez
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Manchester Man Pleads Guilty to Conspiracy to Commit Bank FraudRead the Press Release
CONCORD, N.H. - Angel Forteza-Concepcion, 19, of Manchester, pleaded guilty to conspiracy to commit bank fraud, announced United States Attorney Scott W. Murray.
According to court documents and statements made in court, from November 2017 to February 2018, Forteza-Concepcion and Ariel Mendoza, a citizen of the Dominican Republic, knowingly deposited stolen checks and money orders totaling more than $7,100 into accounts at four federally insured banks. They then obtained proceeds from the stolen checks and money orders by using debit cards assigned to the accounts to withdraw cash at ATMs and perform debit card transactions.
On December 13, 2018, Mendoza pleaded guilty to the conspiracy charge and theft of mail. He will be sentenced on March 27, 2019.
Forteza-Concepcion will be sentenced in on March 27, 2019.
“The prompt response of the law enforcement agents who contributed to the investigation of this case prevented the loss of more money and ensured that other people did not become victims of the conspiracy,” said U.S. Attorney Murray. “I hope this prosecution deters others from engaging in this type of serious criminal conduct.”
“The U.S. Postal Inspection Service will continue to conduct investigations, alongside our local law enforcement partners, that seek prosecution of those who compromise the personal information of our customers and the integrity the U.S. Mail,” said the U.S. Postal Inspection Service’s Inspector in Charge, Joseph W. Cronin of the Boston Division. “We will thoroughly investigate cases such as this as these types of crimes can create substantial losses for victims.”
The United States Postal Inspection Service investigated the case, with assistance from the Police Departments in Manchester and Salem, New Hampshire, and Lawrence, Massachusetts. The case is being prosecuted by Assistant United States Attorney Robert M. Kinsella.
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Man Sentenced to Prison for Conspiracy to Distribute HeroinRead the Press Release
HAMMOND- Eleazar Sosa, 35, was sentenced by U.S. District Court Judge Philip P. Simon after pleading guilty to conspiracy to possess with intent to distribute and to distribute one kilogram or more of heroin, announced U.S. Attorney Kirsch.
Sosa was sentenced to 70 months in prison.
According to documents in the case, Sosa was involved in a conspiracy to possess with intent to distribute and to distribute one kilogram or more of heroin along with codefendants Rafael Ramirez, Maria Guzman, and Cesar Izaguirre, each of whom has already been sentenced for their respective roles in this drug conspiracy. Sosa’s role in the conspiracy included picking up and delivering drugs around the country at the behest of Rafael Ramirez. At sentencing, Sosa was held responsible for involvement in the planned distribution of between 3 and 10 kilograms of heroin as relevant conduct for his offense.
This case was investigated by the Drug Enforcement Administration. This case was prosecuted by Northern District of Indiana Assistant United States Attorney Jennifer Chang.
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Man Charged in White Plains Federal Court with Unlawfully Possessing Firearm and Ammunition in Connection with Shots Fired in Downtown New RochelleRead the Press Release
Geoffrey S. Berman, United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Joseph F. Schaller, Commissioner of the New Rochelle Police Department (“NRPD”), announced today a Complaint charging JEFFREY STOVER, 46, with possessing a firearm and ammunition after having been convicted of a felony. The defendant was arrested today and presented in White Plains federal court before United States Magistrate Judge Lisa Margaret Smith.
U.S. Attorney Geoffrey S. Berman said: “As alleged, the defendant unlawfully possessed and discharged a firearm, endangering the lives of many in our community. Thanks to the FBI, the New Rochelle Police Department, and the New York State Department of Corrections and Community Supervision, the defendant is in custody and facing federal criminal charges.”
FBI Assistant Director William F. Sweeney Jr. said: “For a convicted felon, even possessing a firearm or ammunition is a felony – and as alleged, Stover not only was in possession of a gun, he discharged it on a public street, showing reckless disregard for public safety. As today’s arrest shows, the FBI and our law enforcement partners are committed to ensuring the safety of our communities.”
NRPD Commissioner Joseph F. Schaller said: “This is yet another example of local, State, and federal law enforcement agencies working together to achieve positive results in removing alleged dangerous felons from our streets and enhancing the safety and quality of life in our community.”
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According to the allegations in the Complaint[1]:
On or about December 15, 2018 and December 20, 2018, STOVER, after having been convicted of a felony, possessed ammunition and a firearm, which STOVER discharged on or about December 15, 2018 in downtown New Rochelle. STOVER is charged with two counts of being a felon in possession of ammunition and/or a firearm in violation of 18 U.S.C. § 922(g)(1). These charges carry a maximum penalty of 10 years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the FBI Westchester County Safe Streets Task Force, which comprises agents and task force officers from the FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Probation Office, New York State Police, New York City Police Department, Mount Vernon Police Department, Yonkers Police Department, Greenburgh Police Department, Peekskill Police Department, New Rochelle Police Department, Westchester County Police Department, and Westchester County District Attorney’s Office. Mr. Berman also thanked the New York State Department of Corrections and Community Supervision for its assistance in this matter.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorney Jim Ligtenberg is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.
Machesney Park Man Arrested on Child Pornography ChargeRead the Press Release
ROCKFORD — A Machesney Park resident was arrested Wednesday on a charge of possessing child pornography.
JAMES UMBAUGH, 53, was charged in a federal criminal complaint. According to the complaint, a federal search warrant was executed by federal law enforcement officers on Dec. 18, 2018, at Umbaugh’s residence. The complaint alleges that upon arriving at the residence officers found Umbaugh seated before a computer screen connected to a computer, and that located on the computer were images and videos of child pornography, including prepubescent minors engaged in sexually explicit conduct.
Possessing child pornography carries a minimum mandatory sentence of ten years in prison and up to a maximum of 20 years, and a fine of up to $250,000. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory United States Sentencing Guidelines. Umbaugh appeared yesterday before U.S. Magistrate Judge Iain D. Johnston and is in custody pending a hearing on pre-trial release.
The public is reminded that a complaint is only a charge and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The charge was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois, and Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation.
The government is represented by Assistant U.S. Attorney Michael D. Love.
Lexington Man Sentenced to 84 Months for Trafficking in FentanylRead the Press Release
LEXINGTON, Ky. — Byron White, 38, of Lexington, was sentenced yesterday to 84 months in federal prison, by Chief United States District Judge Karen K. Caldwell, for conspiracy to distribute Fentanyl.
White previously admitted that he conspired with another person to distribute fentanyl in Lexington, between November 1, 2017 and March 18, 2018. White further admitted that he distributed heroin and more than 40 grams of fentanyl, in Lexington, during that time. White has a prior felony conviction for trafficking in cocaine, from Fayette County. White pleaded guilty to the charges in August.
Under federal law, White 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 eight years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; James Robert Brown, Jr., Special Agent in Charge of the FBI; and Richard Sanders, Commissioner of the Kentucky State Police jointly made the announcement.
The investigation was conducted by the FBI and KSP. The United States was represented by Assistant United States Attorney Roger W. West.
Las Vegas Man Convicted of Two Jewelry Store Armed RobberiesRead the Press Release
LAS VEGAS, Nev. – A Las Vegas man was convicted Wednesday by a federal jury of all criminal charges for his role in planning and participating in the armed robbery of two jewelry stores in the Las Vegas community in January 2017, announced U.S. Attorney Dayle Elieson for the District of Nevada.
Brian Wright, 34, was found guilty of two counts of conspiracy to interference with commerce by robbery, two counts of interference with commerce by robbery, and two counts of brandishing a firearm during and in relation to a crime of violence. United States District Judge Jennifer Dorsey scheduled a sentencing hearing for March 18, 2019. Wright, who represented himself at trial, faces a maximum statutory penalty of 20 years in prison and a fine of $250,000 on each robbery count. He faces a mandatory minimum of seven years in prison and a fine of $250,000 on the first firearm count to run consecutive to all other counts and a mandatory minimum of 25 years in prison on the subsequent firearm count to run consecutive to all other counts.
During the six-day jury trial, prosecutors introduced evidence proving that Wright planned and recruited multiple gunmen and getaway drivers to rob the Jared Gallery of Jewelry, located at 2110 N. Rainbow Blvd., on January 3, 2017, and the MJ Christensen jewelry store, located at 8980 W. Charleston Blvd., on January 13, 2017. During the Jared’s robbery, Wright provided a firearm to co-conspirator Deandre Nakita Brown to use during the robbery. Brown and co-conspirator Aquail Harris entered the Jared pointing their firearms towards employees and customers. One of the store customers was a father with his one and three-year old children in the store. The gunmen disarmed the security guard and stole over $850,000 worth of jewelry and watches. They delivered the stolen merchandise to a separate getaway vehicle driven by co-conspirators Kendareen Hudson and Safiyyah Christopher. Wright utilized police scanner apps to monitor police radio traffic after the robbery and relayed this information to his co-conspirators. However, Las Vegas Metropolitan Police Department officers found the females’ vehicle with the stolen merchandise. They arrested the two females and recovered all of the jewelry.
Ten days later, on January 13, 2017, Wright planned and participated in the robbery of the MJ Christensen jewelry store. Again, Wright recruited others to help him carry out the robbery. He recruited co-conspirator Carl Whitley to procure a getaway car and driver and Brown to serve as a gunman. Wright obtained Whitley’s gun and provided it to Brown to use in the robbery. They stole over $700,000 worth of jewelry and watches. Wright again utilized police scanner apps to monitor police radio traffic after the robbery and relayed this information to his co-conspirators. An off-duty officer outside the jewelry store, however, observed the robber get into a vehicle driven by co-conspirator Randy Jerousek and followed this car to the Suncoast Casino. The vehicle was quickly located parked at the casino with the stolen merchandise in it.
Co-conspirators Harris, Christopher, Hudson, Jerousek, Whitley, and Brown all previously pleaded guilty for their involvement in the armed robberies. Sentencing for Brown is set for February 25, 2019, sentencing for Whitley is set for January 22, 2019, sentencing for Jerousek is set for February 7, 2019, and sentencing for Christopher is set for January 14, 2019.
Wright was convicted earlier this year of Assault on a Federal Officer in violation of Title 18, United States Code, Section 111(a)(1) and (b). A jury found Wright guilty of that offense after hearing evidence that Wright attempted to flee his residence while law enforcement was attempting to execute a search warrant. In his haste to flee, Wright rammed his car into a law enforcement vehicle that a Task Force Officer was standing next two, nearly striking the Officer. Sentencing is set in that case on January 15, 2019. Wright also represented himself during that trial.
The case was investigated by the FBI and the Las Vegas Metropolitan Police Department. Assistant U.S. Attorneys Lisa Cartier-Giroux, Alexandra Michael, and Nadia Ahmed are prosecuting the case.
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Lake Charles woman sentenced to 10 years in prison for role in kidnapping Texas man after drug dealRead the Press Release
LAKE CHARLES, La. – United States Attorney David C. Joseph announced that Sarah Paxton, 25, of Lake Charles, was sentenced on Monday by U.S. District Judge Donald E. Walter, to 120 months in prison and three years of supervised release for her role in kidnapping a Texas man after a failed drug deal.
According to the guilty plea, Paxton, Justin Fry, 35, and James Coleman, 34, also of Lake Charles, traveled to Liberty, Texas, on April 8, 2018 to buy methamphetamine from a contact. In order to complete the sale, the contact rode with the defendants to Houston to meet a second contact who had the methamphetamine. Instead of selling the drugs, the Houston contact robbed Fry and then sped away. The defendants believed the Liberty contact had knowledge of the fact that the Houston supplier intended to rob Fry and proceeded to tie him up and beat him, while Paxton videoed it on her cell phone. In an attempt to get the victim to pay back the $1,300, Fry and Coleman repeatedly threatened to kill him. After making several phone calls, the victim was unable to get the money.
The victim became confident that Coleman, Fry and Paxton were going to kill him, so he jumped from the moving car, rolling down an embankment. Coleman and Fry retrieved the bloodied victim, beat him more, duct taped his mouth, and locked him in the trunk of the vehicle. The victim was in the trunk for approximately four to five hours as the defendants drove around Houston and then decided to return to Vinton. When they stopped in Vinton, the victim escaped from the trunk and called law enforcement. The defendants’ cell phones were searched and conversations about the drug deal were found on Fry’s cell phone; the videos of the beatings were found on Paxton’s cell phone.
Justin Fry was sentenced to 292 months in prison, and James Coleman was sentenced to 242 months in prison on November 27, 2018 for interstate kidnapping. They were both also sentenced to five years of supervised release.
Homeland Security Investigations and the Calcasieu Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney John Luke Walker prosecuted the case.
KC, St. Louis Area Residents Indicted for $8.5 Million Meth ConspiracyRead the Press Release
KANSAS CITY, Mo. – A dozen residents in the Kansas City, Mo., and St. Louis, Mo., areas have been indicted by a federal grand jury for their roles in an $8.5 million drug-trafficking conspiracy that distributed more than 1,000 pounds of methamphetamine over two years.
Trevor Scott Sparks, 29, Gerald L. Ginnings, 38, Gloria May Jones, 29, Vicente Araujo, 22, Leslie Ladon Walker, 31, and Paul J. Kibodeaux, 35, all of Kansas City, Mo.; Markus Michael A. Patterson, 36, of Grandview, Mo.; David Robert Richards II, 31, of Louisburg, Kan.; Christian Douglas Hansen, 39, of St. Louis, Mo.; and Stephanie Thurmond, 28, Leeanna Michelle Schroeder, 25, and Adam Joseph Mainieri, 30, all of Winfield, Mo.; were charged in a four-count superseding indictment returned under seal by a federal grand jury in Kansas City, Mo., on Wednesday, Dec. 12, 2018. That indictment was unsealed and made public upon the arrests of several defendants.
The federal indictment alleges that 11 of the defendants (with the exception of Sparks) participated in a conspiracy to distribute methamphetamine from Jan. 1, 2017, to Dec. 12, 2018. According to the indictment, conspirators received $8,508,500 in exchange for the unlawful distribution of more than 1,001 pounds (455 kilograms) of methamphetamine, based on an average street price of $8,500 per pound of methamphetamine.
Sparks is charged with engaging in a continuing criminal enterprise that involved the distribution of methamphetamine. According to the indictment, Sparks was the principal leader of the criminal enterprise and obtained substantial income from the criminal enterprise.
All 12 of the defendants are also charged with participating in a money-laundering conspiracy during that time to use drug sale proceeds to promote the drug-trafficking conspiracy and to conceal the proceeds of that drug-trafficking conspiracy.
Eleven of the defendants (with the exception of Kibodeaux) are charged together with possessing firearms in furtherance of violent crimes and drug-trafficking crimes.
Ginnings, Sparks, Patterson, Jones, Hansen and Mainieri also are charged together in one count of being felons in possession of firearms and ammunition.
The indictment also contains a forfeiture allegation, which would require the defendants to forfeit to the government any property obtained from the proceeds of the drug-trafficking conspiracy, including a money judgment of $8,508,500.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Bruce Rhoades. It was investigated by the Kansas City, Mo., Police Department, the Jackson County, Mo., Sheriff’s Department, the FBI and the Jackson County Drug Task Force.
Justice Department Seeks to Denaturalize Illinois Man Who Allegedly Concealed Service in Military Unit that Perpetrated Srebrenica MassacreRead the Press Release
The Justice Department today filed a denaturalization lawsuit against Nedjo Milosevic, a native of the former Yugoslavia, who, according to the Department’s complaint, was a member of one of the military units responsible for the Srebrenica massacre—the largest mass atrocity in Europe since the Holocaust. The complaint alleges that Milosevic concealed his military service in order to enter the United States as a refugee, and continued to conceal it throughout his naturalization proceedings. The civil complaint was filed in federal court in the Northern District of Illinois.
“The naturalization process is a shining example of the United States’ generosity to the rest of the world, but it is not available to war criminals,” said Principal Deputy Associate Attorney General Jesse Panuccio. “The United States will use every available law enforcement tool to combat human rights abuses like these, including the civil denaturalization process.”
“Nedjo Milosevic tried to cheat our nation’s immigration system by lying about his military role during the Bosnian War,” said U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Executive Associate Director Derek Benner. “This denaturalization filing demonstrates the U.S. government’s enduring commitment to identify and bring to justice those who are suspected to have taken part in human rights violations in any part of the world. The United States will not serve as a safe haven for those who would commit such atrocities.”
According to the complaint, Milosevic, 53, a resident of Harwood Heights, Illinois, was a member of the Military Police Company of the Zvornik Brigade of the Army of the Serb Republic—the military arm of an entity within Bosnia controlled by ethnic Serbs. The Zvornik Brigade, including the Military Police Company, were active during the Srebrenica massacre during which, over the course of several days in July 1995, approximately 8,000 Bosnian Muslim men and boys were systematically killed and more than 30,000 women, children, and elderly were forcibly separated and expelled from the region. The complaint alleges that Milosevic was deployed in the field during the Srebrenica massacre.
Before his military service had come to light, Milosevic requested and received refugee status in the United States. The complaint alleges that Milosevic concealed and affirmatively misrepresented his military service in order to obtain immigration benefits, including naturalization. The complaint also alleges that Milosevic falsely stated that he was living in Serbia, rather than Bosnia, in order to qualify for refugee status.
“The United States is committed to combating human rights abuses,” said U.S. Attorney John R. Lausch, Jr. of the Northern District of Illinois. “We will not allow our country to be a safe haven for anyone who has participated in or helped perpetrate such atrocities in any capacity. Regardless of how long ago, or how far away, it will never be tolerated.”
This civil denaturalization case follows the criminal conviction of a member of the Army of the Serb Republic for making materially false statements on his application for refugee status, which also involved concealment of service in a military unit connected to the Srebrenica massacre, as well as civil denaturalization actions against alleged members of the Army of Bosnia and Herzegovina, convicted in Bosnia of murdering civilians and prisoners of war during the 1990s Balkans conflict, and an alleged member of the Croatian Defense Council, who participated in extrajudicial killings during the same conflict.
The case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Chicago and supported by the ICE Human Rights Violator and War Crimes Center and the Civil Division’s Office of Immigration Litigation, District Court Section (OIL-DCS), with consultation and support from ICE’s Office of the Principal Legal Advisor (OPLA) Human Rights Law Section and Chicago Office of Chief Counsel, and the Justice Department’s Human Rights and Special Prosecutions Section. The case is being prosecuted by Counsel for National Security Aaron Petty of OIL-DCS’s National Security and Affirmative Litigation Unit with assistance from the U.S. Attorney’s Office for the Northern District of Illinois.
The claims made in the complaint are allegations only, and there have been no determinations of liability.
Members of the public who have information about foreign nationals or naturalized U.S. citizens suspected of engaging in human rights abuses or war crimes are encouraged to contact U.S. law enforcement through the DHS tip line at 1-866-DHS-2-ICE or to complete its online tip form at www.ice.gov/exec/forms/hsi-tips/tips.asp, or through the Justice Department’s Human Rights and Special Prosecutions Section at [email protected] or 1-800-813-5863. Callers may remain anonymous.
Jury Convicts Lake Worth Resident of Sex Trafficking and ObstructionRead the Press Release
Today, a West Palm Beach federal jury convicted a Lake Worth resident of sex trafficking and obstruction of a sex trafficking investigation.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, David Aronberg, State Attorney for Palm Beach County, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation, (FBI), Miami Field Office and Ric Bradshaw, Sheriff, Palm Beach County Sheriff’s Office (PBSO) made the announcement.
Alston Orlando Leroy Williams, 42, of Lake Worth, Florida, was convicted at trial of two counts of sex trafficking of a minor in violation of Title 18, United States Code, Sections 1591(a)(1) and (b)(2), three counts of sex trafficking by force, fraud or coercion in violation of Title 18, United States Code, Sections 1591(a)(1) and (b)(1), and one count of obstructing a human trafficking investigation, in violation of Title 18, United States Code, Section 1591(d) (Case No. 18-CR-80053). The sentencing hearing, to be held before U.S. District Court Judge Robin L. Rosenberg, will be scheduled at a later date. At sentencing, Williams faces a mandatory minimum sentence of 15 years in prison and a combined statutory maximum sentence of life in prison.
According to evidence and testimony presented at trial, from 2008 through 2017, Williams trafficked multiple women, including two juveniles, for commercial sex throughout Florida. Williams had the women live at his homes and travel to hotels and other locations to meet adult men and engage in sexual acts for money. Williams used force, violence and coercion to traffic the women and kept all of the money earned by the victims. He was arrested on November 29, 2017 on related state charges, before being charged and convicted federally.
U.S. Attorney Fajardo Orshan commended the investigation efforts of the FBI, PBSO, and the Palm Beach County Human Trafficking Task Force in this matter. Mrs. Fajardo Orshan thanked Palm Beach County State Attorney Dave Aronberg for the 15th Judicial Circuit and his staff for their assistance with this investigation. This case is being prosecuted by Assistant U.S. Attorney Gregory Schiller and Special Assistant U.S. Attorney Justin Hoover.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Judge Sentences McKeesport Drug Dealer to 9 Years in Federal PrisonRead the Press Release
PITTSBURGH, PA - A resident of McKeesport, Pennsylvania, has been sentenced in federal court to nine years’ in prison, followed by six years’ supervised release, on his conviction of conspiracy to distribute narcotics, United States Attorney Scott W. Brady announced today.
United States District Judge Arthur J. Schwab imposed the sentence on Cecil Shields, 41, of McKeesport.
According to information presented to the court at the time of the guilty plea hearing, Shields conspired with Elliot Page, Skyler Carter, and 18 other individuals, between March and June of 2017, to distribute fentanyl, heroin, cocaine, and crack cocaine in the Clairton, Pennsylvania area. Shields was held personally responsible for the distribution of more than 160 grams of fentanyl, purchased from his codefendant Elliott Page. At the time of his arrest in June 2017, Shields was in possession of more than $5,000 and 270 "stamp bags" of fentanyl.
Assistant United States Attorney Carolyn J. Bloch prosecuted this case on behalf of the government.
The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the Allegheny County Sheriff’s Office, the Allegheny County Police Department, and the Pittsburgh Bureau of Police. The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Jefferson Man Sentenced to 97 Months in Prison after Previously Pleading Guilty to Receipt of Child PornographyRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that DONALD TROSCLAIR, age 57, a resident of Jefferson, Louisiana, was sentenced to 97 months in prison and 5 five years of supervised release after his term of imprisonment, by United States District Judge Martin L.C. Feldman after previously pleading guilty to receiving images and videos depicting the sexual exploitation of children, in violation of 18 U.S.C. ' 2252(a)(2). TROSCLAIR was also ordered to pay restitution in the amount of $5,000 and register as a sex offender.
According to court documents, Special Agents with the Federal Bureau of Investigation (“FBI”) determined that TROSCLAIR was accessing a forum located on the internet whose singular purpose was to act as a child pornography bulletin board and website dedicated to the advertisement and distribution of child pornography and the discussion of matters pertinent to the sexual abuse of children, including the safety and security of individuals who seek to sexually exploit children online. Law enforcement officials executed a search warrant at TROSCLAIR’s residence on February 28, 2018, and seized several electronic items including a laptop computer, a desktop computer, an external hard drive, and several discs that were determined to contain images and videos depicting the sexual victimization of children.
The Federal Bureau of Investigation then conducted a forensic review of the seized devices and determined that TROSCLAIR had used the devices to search for, download, and save approximately 11,175 images and 6 videos of child pornography between April 2011 and February 2018. TROSCLAIR stored the images and videos in folders he created on his computers, external hard drive, and loose storage media, to catalogue and organize the files. The materials possessed by TROSCLAIR were of prepubescent children as young as less than three (3)-years-old and depicted the child victims engaging in “sexually explicit conduct,” as defined in 18 U.S.C. § 2256.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation and its Violent Crimes Against Children Task Force, including representatives from the Kenner Police Department, Jefferson Parish Sheriff’s Office, and Louisiana State Police. The case was prosecuted by Assistant United States Attorney Jordan Ginsberg.
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Inmate at FCI-Berlin Sentenced to 27 Months for Assaulting Fellow InmateRead the Press Release
CONCORD, N.H. – United States Attorney Scott W. Murray announced today that Shakur Brownstein, an inmate at the Federal Correctional Institution FCI-Berlin, was sentenced to 27 months in prison for assaulting another inmate.
According to court documents and statements made in court, on May 22, 2018, Brownstein was walking behind another inmate in the Blue Corridor of FCI-Berlin when Brownstein ran up and struck the inmate from behind. Brownstein fractured the jaw of the other inmate, who required numerous surgeries and the surgical insertion of a titanium plate to hold his facial bones in place. The attack was captured on videotape.
Brownstein previously pleaded guilty on September 14, 2018.
The staff at FCI-Berlin conducted the investigation of this case. The case was prosecuted by Assistant U.S. Attorney Donald A. Feith.
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Illinois woman sentenced in pain pill conspiracyRead the Press Release
MISSOULA—An Illinois woman who posed as a caregiver and tried to pass fake prescriptions for pain pills in Missoula as part of a conspiracy was sentenced to federal prison on Wednesday, U.S. Attorney Kurt G. Alme said.
The defendant, Shannon Melissa Gross, 42, of Lombard, Il, was sentenced to one year and one day in prison and five years of supervised release. Gross pleaded guilty earlier to conspiracy to possess with intent to distribute Oxycodone.
U.S. District Judge Donald W. Molloy presided.
Missoula Police Department officers arrested Gross in January 2017 while she tried to pass a fraudulent prescription for Oxycodone at a local pharmacy. Gross had successfully filled one prescription for 180 30 mg Oxycodone pills and had tried to fill two other similar prescriptions that same day.
Each prescription was purported to be written by a Dr. Nick Chen, from the Seattle Intergrative (sic) Cancer Center located in Tukwila, Wash. This same doctor and practice has been used in other fraudulent prescriptions passed elsewhere in Montana.
When interviewed by law enforcement officers, Gross said an unknown man approached her in a casino in western Washington and asked if she’d like to make some money. Gross agreed and the man drove her to the rental car center at SeaTac Airport, where a woman was waiting with a rented vehicle. The woman, later identified as codefendant, Meisean Teurn, drove Gross to Missoula.
In Missoula, Teurn provided Gross with the fraudulent prescriptions, medical scrubs, insurance information for the patients whose names were on the fake prescriptions and instructions for how to pretend to be a caregiver filling the prescriptions. Gross followed the instructions and got arrested.
Teurn, 27, of Tukwila, Wash., was sentenced in September to one year and one day in federal prison and three years of supervised release for conviction of conspiracy to possess with intent to distribute Oxycodone.
Assistant U.S. Attorney Thomas Bartleson prosecuted the case, which was investigated by the Drug Enforcement Administration and the Missoula Police Department.
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