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Friday 9 November 2018
United States Attorney Announces Appointment of Four New Federal ProsecutorsRead the Press Release
U.S. Attorney Erin Nealy Cox is proud to announce the appointment of four new Assistant United States Attorneys: Kristina Williams, assigned to the Dallas Appellate Division, Tiffany Eggers, assigned to the Dallas Criminal Division, Laura Montes, assigned to the Fort Worth Criminal Division, and Ann Howey, assigned to the Lubbock Criminal Division.
All four prosecutors were sworn in on November 9 before Chief U.S. District Judge Barbara M.G. Lynn.
A graduate of Texas A&M University and the University of Houston Law Center, Ms. Williams previously served as a Senior Attorney at Dykema Cox Smith, where she represented clients before the U.S. Supreme Court, U.S. Court of Appeals for the Fifth Circuit, and the Texas Court of Appeals. She also served as a Term Law Clerk under the Honorable Edith H. Jones of the United States Court of Appeals for the Fifth Circuit, as a Law Clerk for The Honorable Nathan Hecht of the Supreme Court of Texas, and as a Clerk for Sen. John Cornyn, R-TX, at the Senate Judiciary Committee.
Ms. Eggers joins the Northern District of Texas from the Northern District of Florida, where she spent more than 13 years prosecuting federal crimes, focusing on money laundering and fraud. Before that, she served as an Assistant State Attorney in the First Judicial Circuit of Florida’s State Attorney’s Office. Ms. Eggers received her undergraduate degree from Jacksonville State University and her law degree from Florida State University College of Law.
A graduate of Wheaton College and Northeastern University School of Law, Ms. Montes joins the Northern District of Texas from the U.S. Attorney’s Office of the District of Puerto Rico, where she prosecuted cases for the Organized Crime Drug Enforcement Task Force (OCDETF) for three years. Prior to her work there, she spent two years prosecuting cases at the Middlesex District Attorney’s Office in Massachusetts and served as a Law Student Clerk at the United States Court of Appeals for the First Circuit.
Before joining the U.S. Attorney’s Office, Ms. Howey served as an attorney advisor for U.S. District Court Clerk’s Office here in the Northern District of Texas. While there, she evaluated proposed national legislation, rules, and policy to determine impact on local civil and criminal procedure. Prior to that, she serve as Assistant General Counsel at Texas Tech University System, where she received both her undergraduate and law degrees.
“We’re delighted to welcome these talented attorneys to offices across our district,” said Nealy Cox. “I’m confident they will serve the cause of justice with honor.”
U.S. Attorney for the Middle District Salutes Military Veterans, Recognizes Service of USAO-GAM VetsRead the Press Release
Macon – In honor of Veterans Day, staff members with the United States Attorney’s Office for the Middle District of Georgia (USAO-GAM) heard a presentation from fellow employee, and veteran, Captain Will R. Keyes. Captain Keyes is a new Assistant United States Attorney (AUSA) for the Middle District of Georgia, and served in the United States Army in the JAG Corps. As a JAG, Captain Keyes deployed to Kuwait, Afghanistan and Iraq (see photo). Captain Keyes joins other USAO-GAM veterans representing the Air Force, Navy and Army, including:
- Master Sergeant (Ret.) Gregory Armes, United States Air Force
- Lieutenant Danial E. Bennett, United States Navy
- Captain Lyndie Freeman, JAG Corps, United States Air Force
- Colonel Robert McCullers, United States Army, Georgia Army National Guard, Georgia Air National Guard (see photo)
“I am incredibly proud to work beside these veterans who served our country with honor, and continue to serve and protect our great country honorably in their vocations with the U.S. Attorney’s Office,” said Charles E. Peeler, the United States Attorney for the Middle District of Georgia. “It is important to always be mindful of the sacrifices veterans and their families make on our behalf, and to thank these brave men and women at every opportunity for the freedom we are fortunate to enjoy.”
Illustrating the military and civilian roles many Department of Justice employees play, in October, Col. Robert McCullers, Assistant United States Attorney (AUSA) for the Middle District, was called to duty following Hurricane Michael. Col. McCullers was deployed to National Guard Headquarters in Marietta, serving in the Operations Center as more than 1,000 National Guard troops mobilized to provide assistance stabilizing southern Georgia in the wake of one of the state’s most crippling natural disasters. In addition to his civilian service, AUSA McCullers is a Colonel and a Staff Judge Advocate (Headquarters) for the Georgia Air National Guard. A JAG since 2003, Col. McCullers has been deployed to both Baghdad and Tallil Air Base, Iraq. He started work as an Assistant United States Attorney in the Middle District of Georgia in 2002.
“Robert’s deep sense of duty to our country is evident in his daily work protecting citizens as a federal prosecutor,” said Charles Peeler, the U.S. Attorney for the Middle District of Georgia. “We are proud to work alongside current and former members of our armed services.”
Veterans Day is Sunday, November 11, 2018. In honor of Veterans Day, the United States Attorney’s Office for the Middle District will be closed Monday, November 12, 2018 for the federal holiday. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Two Spirit Lake Men Change their Pleas to Guilty for the Murder of a Spirit Lake WomanRead the Press Release
FARGO – United States Attorney Christopher C. Myers announced that on November 9, 2018, Daylin Takendrick St. Pierre, Age 21, Spirit Lake Indian Reservation, ND, plead guilty to Conspiracy to Commit Robbery; Use of a Firearm in Relation to a Felony Crime of Violence; and Felony Murder before US District Judge Daniel L. Hovland Judge. Dakota James Charboneau, age 24, also of Spirit Lake, plead guilty to Second Degree Murder, Aiding and Abetting; and Use of a Firearm in Relation to a Felony Crime of Violence.
On August 23, 2016, Ms. Karla Yellowbird traveled to the Spirit Lake Indian Reservation with Suna Guy, who previously plead guilty to Felony Murder and was sentenced in this case. While on the Spirit Lake Reservation, Dakota Charboneau and Guy planned to rob Ms. Yellowbird of her money and belongings, and later recruited Daylin St. Pierre to do the robbery. In the morning of August 24, 2016, St. Pierre shot and killed Ms. Yellowbird while robbing her.
Sentencing for both Charboneau and St. Pierre is scheduled for February 25, 2019.
This case was investigated by the Mandan Police Department; North Dakota Bureau of Criminal Investigation; Bureau of Indian Affairs; and the Federal Bureau of Investigations.
Assistant United States Attorney Janice M. Morley and AUSA Jenifer Puhl prosecuted the case.
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Two Residents of Lebanon Arrested in Seattle in Connection with Scheme to Illegally Export Firearms to LebanonRead the Press Release
HICHAM DIAB, of Tripoli, Lebanon and NAFEZ EL MIR, a Canadian citizen residing in Lebanon, were arrested yesterday after they traveled to a Seattle warehouse and began hiding firearms in a vehicle they planned to ship to Lebanon. DIAB and EL MIR appeared in federal court this afternoon, charged with conspiracy to violate the Arms Export Control Act. Both men were detained pending additional hearings.
Assistant Attorney General for National Security John C. Demers and U.S. Attorney for the Western District of Washington Annette L. Hayes made the announcement.
According to a criminal complaint unsealed today, in 2016, DIAB began communicating with a person in the U.S. who DIAB believed was willing to locate firearms for him to smuggle to Lebanon. The person in the U.S. alerted Homeland Security Investigations (HSI) about the contact. Over the course of 2017 and 2018, undercover HSI agents posed as people able and willing to supply firearms sought by DIAB in furtherance of his smuggling scheme. In October 2018, DIAB made plans to come to the U.S. and successfully wired funds for the purchase of firearms and a vehicle in which to hide the firearms. DIAB arrived in Seattle on November 7, 2018 and was accompanied by EL MIR who, according to DIAB, had experience smuggling firearms hidden in automobile panels.
On November 7 and 8, DIAB went with the undercover agents to a warehouse containing firearms that had been secured by HSI and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), and inspected the firearms, which included: twenty Glock handguns, a Smith & Wesson .50 revolver, one FN Fiveseven pistol, an AR15 rifle kit and a M203 grenade launcher. DIAB and EL MIR, during their November 8 warehouse visit, began hiding the firearms in door panels and bumper space inside a sport-utility vehicle. EL MIR also discussed ways to get the vehicle shipped to Lebanon with the hidden weapons. The men were arrested the evening of November 8 as they exited the warehouse.
Conspiracy to violate the Arms Control Export Act is punishable by up to five years in prison.
The charges contained in the complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendants will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
The case is being investigated by HIS and ATF. The case is being prosecuted by Assistant United States Attorney Thomas Woods with assistance from the U.S. Department of Justice’s Counterintelligence and Export Control Section.
Two Residents of Lebanon Arrested in Seattle in Connection with Scheme to Illegally Export Firearms to LebanonRead the Press Release
Hicham Diab, of Tripoli, Lebanon, and Nafez El Mir, a Canadian citizen residing in Lebanon, were arrested yesterday after they traveled to a Seattle warehouse and began hiding firearms in a vehicle they planned to ship to Lebanon. Diab and El Mir appeared in federal court this afternoon, charged with conspiracy to violate the Arms Export Control Act.
Assistant Attorney General for National Security John C. Demers and U.S. Annette L. Hayes for the Western District of Washington made the announcement. Both men were ordered detained pending additional hearings set for next week.
According to a criminal complaint unsealed today, in 2016, Diab began communicating with a person in the U.S. who Diab believed was willing to locate firearms for him to smuggle to Lebanon. The person in the U.S. alerted Homeland Security Investigations (HSI) about the contact. Over the course of 2017 and 2018, undercover HSI agents posed as people able and willing to supply firearms sought by Diab in furtherance of his smuggling scheme. In October 2018, Diab made plans to come to the U.S. and successfully wired funds for the purchase of firearms and a vehicle in which to hide the firearms. Diab arrived in Seattle on Nov. 7, and was accompanied by El Mir who, according to Diab, had experience smuggling firearms hidden in automobile panels.
On November 7 and 8, Diab went with the undercover agents to a warehouse containing firearms that had been secured by HSI and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and inspected the firearms, which included: twenty Glock handguns, a Smith & Wesson .50 revolver, one FN Fiveseven pistol, an AR15 rifle kit and a M203 grenade launcher. Diab and El Mir, during their November 8 warehouse visit, began hiding the firearms in door panels and bumper space inside a sport-utility vehicle. El Mir also discussed ways to get the vehicle shipped to Lebanon with the hidden weapons. The men were arrested the evening of Nov. 8, as they exited the warehouse.
Conspiracy to violate the Arms Control Export Act is punishable by up to five years in prison.
The charges contained in the complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendants will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
The case is being investigated by HSI and the ATF. The case is being prosecuted by Assistant U.S. Attorney Thomas Woods, with assistance from the Department of Justice’s National Security Division’s Counterintelligence and Export Control Section.
Two Branchland Men Sentenced to Federal Prison for Firearms TheftsRead the Press Release
HUNTINGTON, W.Va. – Two Branchland men who were responsible for thefts of firearms from a Barboursville pawn shop were sentenced to federal prison yesterday, announced United States Attorney Mike Stuart. Robert Lee Reid, 23, who previously entered guilty pleas to three counts of theft of firearms from a federally licensed firearms dealer and an additional count of possession of stolen firearms, was sentenced to 57 months in federal prison. Jonathan Chafin, 18, who previously entered a guilty plea to theft of firearms from a federally licensed firearms dealer, was sentenced to 18 months in federal prison. Stuart commended the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the West Hamlin Police Department.
“Unbelievably bad decisions were made by these two young men when they decided to steal guns,” said United States Attorney Mike Stuart. “And the last thing the City of Huntington needs is for its neighborhoods to be flooded with stolen firearms.”
On three separate occasions, Reid broke into Sportsmen’s Gun and Pawn located at 6440 US Route 60 in Barboursville to steal firearms. On May 15, 2017, Reid stole a total of 164 firearms from Sportsmen’s. The firearms were subsequently sold by Reid in Huntington. On September 29, 2017, Reid stole an additional 6 firearms from Sportsmen’s which he sold in the Guyandotte neighborhood of Huntington. Finally, on December 7, 2017, Reid stole a total of 10 firearms from Sportsmen’s. Reid was subsequently picked up in a vehicle and the vehicle was stopped in West Hamlin by a West Hamlin Police Officer. During the traffic stop, the officer located the stolen firearms in the rear of the vehicle. Chafin previously pleaded guilty to assisting Reid in the December theft and was present in the vehicle when the firearms were recovered. Reid was also ordered to pay over $68,000 in restitution at today’s hearing.
Assistant United States Attorney Joseph F. Adams handled the prosecution. United States District Judge Robert C. Chambers imposed the sentences.
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Three Sentenced for Mortgage Fraud Scheme Involving 14 Properties in Elk Grove, Sacramento, Modesto, Stockton, and ElsewhereRead the Press Release
SACRAMENTO, Calif. — Three Northern California residents were sentenced today by U.S. District Judge Garland E. Burrell Jr. for crimes relating to their involvement in a mortgage fraud scheme, U.S. Attorney McGregor W. Scott announced.
Surjit Singh, 72, of Dublin, was sentenced to 11 years and three months in prison, his son, Rajeshwar Singh, 44, of Pleasanton, was sentenced to 11 years and three months in prison on four counts of mail fraud, four counts of bank fraud, and four counts of false statements on loan and credit applications. Anita Sharma, 56, of Gilroy, was sentenced to three years and 10 months in prison on two counts of mail fraud, two counts of bank fraud, and two counts of false statements on loan and credit applications. Surjit Singh was ordered to pay a $2 million fine, $698,787 in restitution, and $847,000 in forfeiture. Raj Singh was ordered to pay a $1 million fine, $928,287 in restitution, and $838,399 in forfeiture. Anita Sharma was ordered to pay $603,180 in restitution and $30,000 in forfeiture.
According to court documents, in 2006 and 2007, Surjit Singh recruited individuals with good credit to act as straw buyers for residential properties owned by his family members and associates. Rajeshwar Singh, a licensed real estate agent, assisted in the scheme by submitting loan applications for the straw buyers. Anita Sharma, a dental assistant at the time, was one of the straw buyers. Because Sharma and the other straw buyers could not afford the homes based on their true incomes, the Singhs submitted fraudulent loan applications and supporting material to lending institutions that included false statements about the straw buyers’ income, employment, liabilities, and intent to occupy the homes as their primary residences.
At least 14 properties were involved in the scheme. Anita Sharma alone purchased five homes in San Jose, San Ramon, Elk Grove, Sacramento, and Modesto. Other straw buyers purchased or refinanced properties in Stockton, Modesto, Patterson, Lathrop and Tracy. All of these homes were ultimately either foreclosed upon or sold in a short sale where the bank lets homeowners sell their homes for less than is owed on the mortgage.
Sharma was paid for her involvement in the scheme. Rajeshwar Singh received financial benefits through broker commissions for the transactions and as the seller of seven of the properties. He also continued to occupy the San Ramon property at a time when Anita Sharma should have been living there. Surjit Singh benefitted through payments out of escrow directed to shell companies, such as SJR Investments and BK Investments, which were associated with his daughter and significant other, whose initials are SJR and BK respectively. These payments were purportedly for contracting services, which did not occur. He also benefitted through rental payments made to him and his significant other by the renters of the homes, as the straw buyers were not living in the homes. In addition, many of his family members received money by selling properties and had money directed to them out of escrow. According to court documents and evidence produced at trial, the defendants were responsible for the origination of more than $9.3 million in fraudulently procured residential mortgage loans.
Surjit Singh is in custody. Rajeshwar Singh and Anita Sharma are scheduled to self‑surrender on January 9, 2019.
This case was the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorneys Lee S. Bickley, Kelli L. Taylor, and Kevin Khasigian prosecuted the case.
Third Real Estate Investor Pleads Guilty to Bid Rigging in Florida Online Foreclosure AuctionsRead the Press Release
Real estate investor Avi Stern pleaded guilty today in West Palm Beach, in connection with an ongoing investigation into bid rigging at online public foreclosure auctions in Florida, the Department of Justice announced. Stern is the third real estate investor to plead guilty in this investigation.
Felony charges of bid rigging were filed against Stern on November 2, 2017, in the U.S. District Court for the Southern District of Florida. According to court documents, from around January 2012 through around June 2015, Stern conspired with others to rig bids during online foreclosure auctions in Palm Beach County, Florida.
“Bid rigging at foreclosure auctions has produced enormous harm to many vulnerable communities around the country and directly affronts the values of a market economy,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “The Division will continue to prosecute similar antitrust violations, and will hold individuals who engage in such types of conduct accountable.”
“Real estate investors who think they can swindle the system to line their pockets with ill-gotten gains beware,” said George L. Piro, Special Agent in Charge, FBI Miami. “The FBI and our law enforcement partners will vigorously investigate such schemes.”
The Department said that the primary purpose of the conspiracy was to suppress and restrain competition in order to obtain selected real estate offered at online foreclosure auctions at non-competitive prices. When real estate properties are sold at these auctions, the proceeds are used to pay off the mortgage and other debt attached to the property, with any remaining proceeds available to the homeowner. According to court documents, the conspiracy artificially lowered the price paid at auction for such homes. In the past several years, the Division and its law enforcement partners have secured convictions of more than 100 individuals for rigging public mortgage foreclosure auctions in six different states, including Florida.
The investigation is being conducted by the Antitrust Division’s Washington Criminal I Section and the FBI’s Miami Division – West Palm Beach Resident Agency. Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions should contact the Washington Criminal I Section of the Antitrust Division at 202-307-6694, call the Antitrust Division’s Citizen Complaint Center at 888-647-3258, or visit http://www.justice.gov/atr/report-violations.
The Last of 16 Corrupt Correctional Officers Convicted of Federal Racketeering Conspiracy at Maryland’s Eastern Correctional Institution is Sentenced to Six Years in Federal PrisonRead the Press Release
Baltimore, Maryland – Chief U.S. District Judge James K. Bredar sentenced former correctional officer Jessica Vennie, age 28, of Crowley, Texas, today to six years in federal prison, followed by three years of supervised release, after she was convicted at trial for racketeering at the Eastern Correctional Institution (ECI) in Westover, Maryland, as well as her role in drug and money laundering conspiracies. The scheme involved paying bribes to correctional officers to smuggle contraband, including narcotics, tobacco, and cell phones, into the prison.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; and Secretary Stephen T. Moyer of the Maryland Department of Public Safety and Correctional Services (DPSCS).
“Corrupt correctional officers rip off the taxpayers, endanger their colleagues and inmates, and undermine citizens’ faith in the justice system,” said U.S. Attorney Robert K. Hur. “The sentence imposed today confirms that, working with our state and federal partners, we will root out corruption and bring those responsible to justice.”
According to the information presented at the nine-day trial, Vennie was a correctional officer at ECI, the largest state prison in Maryland, operating since 1987, in Somerset County, on Maryland’s Eastern Shore. ECI is a medium-security prison for men built as two identical compounds (East and West) on 620 acres, and housing more than 3,300 inmates. Vennie was assigned to the East Compound.
The evidence at trial showed that from about 2015, until October 5, 2016, Vennie and other correctional officers (COs) smuggled contraband into ECI, including narcotics, cell phones, pornographic DVDs, and tobacco. Vennie used her sister and others to help her execute the scheme, including packaging contraband for smuggling in feminine hygiene products, and maintaining a Pay Pal account to receive bribe payments. Vennie used a cellular phone to communicate with inmates about what they wanted to have smuggled in and to arrange meetings with the inmates’ facilitators to receive contraband and payment for smuggling it into ECI. Law enforcement intercepted text messages between Vennie and inmates and facilitators where Vennie stated what contraband she would smuggle in, how the contraband should be packaged, the amount of the bribe she demanded in return, and when she would meet with facilitators. The “going rate” for a CO to smuggle contraband into ECI was $500 per package, although some COs charged more and others less. Inmates were able to use contraband cell phones to pay COs directly using PayPal from within ECI.
The evidence showed that Vennie smuggled narcotics into ECI, including Suboxone and synthetic cannabinoids (otherwise known as “K2”), which was distributed by inmates. Once Vennie and the other COs had the smuggled contraband inside the facility, they delivered it to: inmates in their cells; clerks’ offices, which were private offices within each housing unit where an inmate clerk worked; the officers’ dining room where officers could interact with inmate servers and kitchen workers; and pre-arranged “stash” locations like staff bathrooms, storage closets, laundry rooms, and other places where contraband could be hidden and then later retrieved by inmates. An inmate testified at trial that Vennie would leave packages of contraband for him in the bathroom of the Officer’s Dining Room, or ODR.
According to trial testimony, another inmate told Vennie that a package she brought in “wasn’t right,” meaning that it did not contain the quantity or quality of contraband that they had agreed upon. The witnesses testified that Vennie told the inmate that he had to “deal with it on his end.” Ultimately, the inmate who had picked up the package from the ODR bathroom was violently assaulted, at the direction of the inmate for whom Vennie had smuggled in the contraband.
As a result of this prosecution, 77 of the 80 defendants were convicted, including 16 of the 18 correctional officers charged. All the defendants who have been sentenced to date have been ordered to serve a term of imprisonment, ranging from a year and a day in prison to 72 months in prison.
The United States Attorney expressed appreciation to Secretary Moyer, whose staff initiated the ECI investigation and who has made the full resources of the DPSCS available to assist in the three-year investigation.
United States Attorney Hur commended the FBI, the U.S. Postal Inspection Service, the Maryland Department of Public Safety and Correctional Services, the Baltimore Police Department, and the Maryland State Police for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Leo J. Wise, Robert R. Harding, and Daniel C. Gardner, who prosecuted this Organized Crime Drug Enforcement Task Force case.
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Statement of U.S. Attorney Richard W. Moore on Attorney General SessionsRead the Press Release
As the first Alabamian to serve as the Nation’s Attorney General Jeff Sessions won the respect and loyalty of prosecutors and law enforcement officers across the Country. He was extremely active and personally invested in the work of prosecutors in 93 U.S. Attorney’s Offices and at Main Justice in Washington D.C. Under his leadership violent crime has started to go back down after several years of increases that Attorney General Sessions correctly warned could not be ignored. He motivated prosecutors and law enforcement officials to unite in an aggressive strategy to make our streets safer and he was successful in leading that effort. In addition to reducing violent crime, Attorney General Sessions led the Department of Justice’s efforts in addressing the heroin and opioid crisis, combating transnational criminal organizations and reducing illegal immigration.
Jeff Sessions is an effective and inspirational leader who motivated not only U.S. Attorneys but also the law enforcement officers who we work with every day. Having been a federal prosecutor himself he understood the day-to-day challenges that prosecutors and agents face. He continued to remind us that this work is not just a job but a “sacred task….to secure the equal rights of citizens.” Under his leadership, the Department of Justice broke records for violent crime, firearm, and illegal immigration prosecutions. In the Southern District of Alabama we have dramatically increased our prosecutions that are a direct result of AG Sessions’ aggressive policies and expectations. At the same time, survey results of employees showed that the morale of employees in U.S. Attorney’s Offices improved significantly over prior years.
On a personal level, I have had the opportunity to prosecute cases with Jeff Sessions when he was the U.S. Attorney here in the Southern District of Alabama and for the past year to serve as an advisor to him as Chairman of the Attorney General’s Advisory Committee. He has been rightly described by U.S. Attorneys as a “prosecutor’s prosecutor” because he was a skilled adversary in the courtroom and a highly principled lawyer. Above all, the most common attribute associated with Jeff Sessions has always been “integrity.” He is a mentor and friend who will be dearly missed.We will continue to pursue the rule of law priorities of President Trump and I look forward to working under the leadership of Acting Attorney General Matt Whitaker.
Statement of U.S. Attorney David J. Freed on Attorney General SessionsRead the Press Release
From the day that Jeff Sessions took office as Attorney General of the United States, he motivated law enforcement professionals at all levels to recommit to the highest ideals of community protection, public service and respect for the rule of law. AG Sessions made crystal clear to anyone who had the honor of working with him that he was leading a department that he loves.
The United States Attorneys Office for the Middle District of Pennsylvania had the great fortune to host Attorney General Sessions on two visits during his tenure. During those visits Attorney General Sessions made sure to include time in his schedule to meet with members of state and local law enforcement, as well as our employees and federal partners. Attorney General Sessions truly recognized that we accomplish so much more working together. And under his leadership the Department of Justice has reduced violent crime, attacked the heroin and opioid crisis, protected our borders, dismantled transnational criminal organizations and steadfastly upheld the rule of law.
Jeff Sessions is a prosecutor at heart, a respected public servant and a true gentleman. We are proud to have served under his leadership.
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St. Joseph Man Pleads Guilty to RacketeeringRead the Press Release
KANSAS CITY, Mo. – The member of a violent St. Joseph, Mo., gang pleaded guilty in federal court today to his role in a RICO conspiracy that involved acts of murder, attempted murder, drug trafficking and armed robberies, among other crimes, as part of a criminal enterprise.
Luis Calderon-Oliveras, 27, of St. Joseph, pleaded guilty before U.S. District Judge Roseann Ketchmark to the charge contained in a Jan. 12, 2017, federal indictment.
By pleading guilty today, Calderon-Oliveras admitted he was involved in a conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (RICO) in 2012 and 2013. The criminal enterprise engaged in acts of violence, including murder and attempted murder, armed assault, armed robbery, extortion and witness intimidation. The gang trafficked in heroin, cocaine, crack cocaine, methamphetamine and marijuana. Although members of the St. Joseph gang were often referred to as Latin Kings, the enterprise was not formally affiliated with the Almighty Latin King and Queen Nation.
Members of the enterprise enriched themselves and funded their operations with the proceeds of drug trafficking, robbery, burglary and extortion. They targeted rival drug dealers for robbery, not only to obtain the robbery proceeds, but to eliminate and deter competition in the drug trade and, at times, to extort a financial stake in future drug sales from the rival by offering “protection.” Members of the enterprise also extorted money from innocent victims by offering “protection” from future robberies and acts of violence.
Leaders and members of the enterprise promoted a climate of fear in the community through repeated waves of gunfire, beatings and destruction of property, among other crimes of violence and intimidation. The gang was based in St. Joseph but also operated in Kansas, Iowa and Massachusetts, among other places, and recruited many of its members and associates from Puerto Rico.
Calderon-Oliveras admitted that he and several of his co-conspirators agreed to physically assault and attempt to murder by gunfire the person identified in the indictment as “Co-Conspirator #3.” Calderon-Oliveras participated in the physical assault on Sept. 10, 2012, in Estherville, Iowa, and helped his co-conspirators involved in the shooting avoid arrest after the fact.
Calderon-Oliveras also admitted that he and a co-conspirator robbed Sack-N-Save grocery store in St. Joseph at gunpoint on Sept. 28, 2012, a crime for which he pleaded guilty in in 2013 in state court.
Under the terms of today’s plea agreement, Calderon-Oliveras will be sentenced to 10 years in federal prison without parole. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Patrick C. Edwards, David Raskin and Emily A. Morgan. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the St. Joseph, Mo., Police Department and the Buchanan County, Mo., Sheriff’s Department.
St. Croix Man Sentenced to 180 Months in Prison for Robbery-Related Offenses Involving the Perfection Gift Store Robbery and for Firearm OffensesRead the Press Release
St. Croix, USVI – Visiting Judge Anne E. Thompson sentenced Ajani Plante, 28, to a total of 180 months in prison for firearms and robbery offenses, and three years of supervised release, United States Attorney Gretchen C.F. Shappert announced. Judge Thompson also ordered Plante to pay special assessments and restitution to the victims.
According to the plea agreement filed with the court, the defendant was one of several persons involved in the June 17, 2013 Perfection Gift Shop robbery. The defendant and others arrived with guns drawn, and one of the robbers hit the store security person in the head with the gun, injuring him. The defendant and the other robbers went behind the counter and removed several trays of gold jewelry. After the robbery, the assailants ran out of the store, got into a vehicle behind the shopping center, and left the scene. The case was investigated by the Virgin Islands Police Department and the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Rhonda Williams-Henry.
Judge Thompson also sentenced Plante for a separate episode during which he possessed a firearm as a convicted felon. According to the plea agreement filed with the court, on December 4, 2015, Plante was a passenger in a vehicle being chased by the police. The vehicle stopped and Plante exited the rear passenger door. He then pointed a rifle at the police and discharged several rounds, one of which struck the police unit. Plante re-entered the vehicle and the driver drove away, thereby avoiding arrest. That case was also investigated by the Virgin Islands Police Department and the Federal Bureau of Investigation, and was prosecuted by Assistant U.S. Attorney Alphonso Andrews.
St. Croix Man Sentenced for the Distribution of Crack Cocaine at the Sunny Isle Shopping CenterRead the Press Release
St. Croix, VI – Bruce McIntosh, 55, of St. Croix, was sentenced in the District Court on November 9, 2018, on the charge of Distribution of Cocaine, United States Attorney Gretchen C.F. Shappert announced.
Visiting U.S. District Judge Anne E. Thompson sentenced McIntosh to 25 months imprisonment, followed by 3 years of supervised release, a $500 fine, and a $100 special assessment.
A federal grand jury had previously returned an indictment against McIntosh, aka Bird, aka Butch on September 15, 2015. According to court documents, on June 12, 2014, at the Sunny Isle Shopping Center, McIntosh sold crack cocaine to a confidential informant for $300. Laboratory testing revealed that the drugs were cocaine base, a Schedule II controlled substance, with a net weight of 8.8 grams.
The case was investigated by the Drug Enforcement Administration (DEA) and Task Force Officers with the Virgin Islands Police Department. The case was prosecuted by Assistant United States Attorney Daniel H. Huston.
Spring Grove Man Sentenced to over 16 Years’ Imprisonment on Child Pornography ChargesRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Patrick Bruce Reachard, age 53, a resident of Spring Grove, Pennsylvania was sentenced yesterday by U.S. District Court Judge Yvette Kane to 200 months’ imprisonment in a child pornography case. On June 19, 2018, Reachard pleaded guilty to the sexual exploitation of children involving the production of child pornography, receipt and distribution of child pornography and possession of child pornography.
According to United States Attorney David J. Freed, Reachard took sexually explicit photographs of at least one minor under five years of age and distributed those images online. After completing a forensic examination of Reachard’s electronic devices, investigators discovered Reachard also received numerous images of child pornography from various users. During the investigation, agents and troopers worked cooperatively to identify other individuals involved in this child pornography trading ring in other federal districts. Law enforcement arrested one perpetrator in Kentucky; he pleaded guilty and has been sentenced in federal court on similar charges.
This case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police and is being prosecuted by Assistant United States Attorney Meredith A. Taylor.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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Sioux Falls Woman Charged with Conspiracy to Distribute MethRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Dixie Leigh Murphy, age 41, was indicted on November 6, 2018. She appeared before U.S. Magistrate Judge Daneta L. Wollmann on November 9, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $10,000,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that beginning at a date unknown, and continuing through October 10, 2018, Murphy knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute a mixture or substance containing 500 grams or more of methamphetamine, a Schedule II controlled substance.
The charge is merely an accusation and Murphy is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Drug Enforcement Administration. Assistant U.S. Attorney Jennifer D. Mammenga is prosecuting the case.
Murphy was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for January 15, 2019.
Serial Armed Robber Convicted of Seven Robberies and Related Gun CrimesRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that Lukeen Gerald, 30, of Philadelphia, PA, was found guilty today by a jury of seven counts of Hobbs Act robbery, six counts of using a firearm during a crime of violence, one count of discharging a firearm during a crime of violence, and one count of possession of a firearm by a convicted felon.
During an approximately four-week period in early 2015, the defendant committed seven armed robberies of convenience stores and a bar in Philadelphia. During each robbery, the defendant brandished a gun and wore a mask. In one robbery of a Dunkin Donuts, the defendant accused the store employee of moving too slowly in handing over the store’s cash and fired his gun in anger.
The defendant was arrested after his seventh robbery when his car was stopped by Philadelphia Police officers for a traffic violation and, leaving the car, he fled on foot. After his arrest, the police recovered a shotgun, ski mask, and cash from the defendant’s car. After receiving his Miranda warnings, not only did the defendant admit he committed the robberies, but he also described each robbery in detail and told law enforcement where they could find evidence linking him to his crimes. The defendant has previously been convicted of a felony and therefore was prohibited by law from possessing a firearm.
“This defendant was a menace to the Philadelphia community,” said U.S. Attorney McSwain. “He has absolutely no respect for the law or for the safety of others. He terrorized seven different businesses in this City. During one robbery, he even brazenly shot his gun in the store – we are lucky that no one was killed. And we are thankful that he will now be spending many years behind bars.”
The case was investigated by the Federal Bureau of Investigation and the Philadelphia Police Department and is being prosecuted by Assistant United States Attorneys Sarah Damiani and Roberta Benjamin.
Seattle Man Who Distributed Deadly Fentanyl Sentenced to 12 Years in PrisonRead the Press Release
A Seattle man who distributed narcotics, including deadly fentanyl analogues imported from China, was sentenced today in U.S. District Court in Seattle to 12 years in prison announced U.S. Attorney Annette L. Hayes. GREGORY L. SMITH, 34, was arrested in August 2017, following an investigation that traced more than 70 shipments of fentanyl analogues from China to SMITH. When law enforcement searched the home SMITH shared with his wife and young daughter they found fentanyl, heroin, cocaine, thousands of pills of oxycodone and sixteen firearms strewn throughout the house. The law enforcement investigation tied an April 2017 death to the fentanyl SMITH distributed in Seattle’s Capitol Hill neighborhood. “He was a drug dealer dealing poison to people that killed them on the streets,” said U.S. District Judge Robert S. Lasnik. “He is one of the menaces to society that is peddling poison.”
“Not only was this defendant a major dealer of fentanyl and other opioids on Capitol Hill, he kept selling even after learning his drugs had caused an overdose death,” said U.S. Attorney Annette L. Hayes. “Fentanyl is a killer that regularly leaves misery in its wake. We will continue to seek long sentences for anyone who profits from selling this terrible drug in our western Washington communities.”
According to records filed in the case, SMITH used bitcoin to pay for shipments of fentanyl from China that were delivered to his home or a post office box. The toxic fentanyl was so powerful that the powder – that can be absorbed through the skin – could kill with a single touch. Following an overdose death in April 2017, the fentanyl involved was traced to SMITH due in part to its distinctive packaging and to text messages recovered that showed SMITH knew the drugs he provided were linked to the deadly overdose. SMITH continued to import and distribute the drugs even after the death. In addition to 33 packages of fentanyl recovered from SMITH’s home, law enforcement seized more than $773,000 in cash and seized cryptocurrency worth $95,000. In all, law enforcement has seized more than $1 million from SMITH in connection with his drug dealing.
“The accused was leader of an international drug trafficking conspiracy that inundated our streets with the deadliest of illicit drugs solely out of greed for personal profit. HSI is committed to doing its part, along with our law enforcement partners, to hold those who place our communities in danger accountable to the fullest extent of our federal laws,” said Brad Bench, Special Agent in Charge for HSI Seattle. “Fentanyl, 50 to 100 times more potent than morphine, often leads to overdose and death. Thanks to the collaboration between HSI, the U.S. Postal Inspection Service, the Seattle Police Department, FBI and other local law enforcement agencies, American lives have been saved.”
SMITH was indicted in September 2017, and pleaded guilty to conspiracy to distribute controlled substances and possession of firearms in furtherance of a drug trafficking crime.
“Battling synthetic opioids entering the US through international mail is one of the Postal Inspection Service’s highest priorities. Through the hard work and dedication of Bellevue Police Department, Homeland Security, the U.S. Attorney’s Office, the U.S. Postal Inspection Service, and the Federal Bureau of Investigation, a principal dealer of opioids in the Seattle region was identified, arrested, and prosecuted to the fully extent of the law,” said Anthony Galetti, Inspector in Charge of U.S. Postal Inspection Service, Seattle Division. “The U.S. Postal Inspection Service continues to pursue traffickers of all illegal substances with the goal to inhibit the spread of illegal substances and to protect the employees and customers of the U.S. Postal Service from violence related to trafficking.”
The case was investigated by U.S. Postal Inspection Service (USPIS) and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) with significant assistance from the Federal Bureau of Investigation, Seattle Police Department, and Bellevue Police Department.
The case is being prosecuted by Special Assistant United States Attorney Joseph Silvio and Assistant United States Attorney Marie Dalton. Mr. Silvio is an attorney with Homeland Security Investigations specially designated to prosecute cross border cases in federal court.
Schenectady Man Sentenced to 125 Months for Heroin ConspiracyRead the Press Release
ALBANY, NEW YORK – Corey J. White, aka “Stacks,” age 35, of Schenectady, New York, was sentenced today to 125 months in prison, to be followed by 6 years of supervised release, for conspiring to distribute heroin.The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.
As part of his guilty plea, White admitted that between August 1, 2016 and May 10, 2017, he worked with another person to distribute heroin in Schenectady. He also admitted that on May 11, 2017, he possessed, in his Schenectady residence, about 100 green-colored envelopes, each of which contained heroin packaged for sale, as well as 2 digital scales, drug packaging materials, and $4,462 in cash.
This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Michael Barnett.
Salvadoran National Pleads Guilty to Illegal Possession of a Firearm and AmmunitionRead the Press Release
BOSTON – A Salvadoran national pleaded guilty yesterday in federal court in Boston to illegal possession of a firearm and ammunition.
Juan Martinez Sola, 22, pleaded guilty to one count of being an illegal alien in possession of a firearm and ammunition. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for Dec. 20, 2018. Martinez Sola was indicted in December 2017.
On Nov. 1, 2017, Martinez Sola, who unlawfully entered the United States in 2012, was arrested in possession of a loaded firearm in East Boston.
The charge of being an alien in possession of a firearm and ammunition provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. Martinez Sola will also face deportation proceedings upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney John P. Pappas; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Gross; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement today. The U.S. Marshals Service has provided crucial assistance with the case.
Statement of U.s. Attorney Ron Parsons on Attorney General SessionsRead the Press Release
SIOUX FALLS, SD – “Jeff Sessions served as our nation’s 84th Attorney General with tremendous dignity, dedication, and distinction. He advanced the Administration’s priorities with strong leadership and purposeful expectations. He reinvigorated and motivated federal, state, local and tribal law enforcement professionals to perform at the highest levels and produce results that have greatly benefited and will continue to strengthen all communities in South Dakota. The trajectory he set in the Department of Justice will continue to serve our nation on multiple fronts – most particularly in the fights against violent crime, drug trafficking organizations, and the opioid crisis.”
“Personally, I am extraordinarily grateful for the opportunity to have served under Attorney General Sessions. He is a dedicated public servant – with decades of service as a U.S. Attorney, a U.S. Senator, and as the Attorney General of the United States. I have come to know him as a kind and gracious gentleman, sincere in his desire to make our nation an even better place. I will never forget sitting at his conference table next to the majestic fireplace in his office last year before I was nominated for this position, as Attorney General Sessions cross-examined me in his soft and courtly manner, seeking to assure himself that I would be able to live up to the high standards of the Department of Justice.”
“I look forward to working under the leadership of the next Attorney General, and will continue to pursue the rule of law as part of this Administration. As always, our office will seek to continue with the high caliber of work expected of all public servants working in the Department of Justice and to be as productive as possible in performing our collective mission.”
Rocky Point Man Sentenced for Distribution and Possession of CocaineRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that EDUARDO ROMERO MARTINEZ, 39, of Rocky Point, NC, was sentenced by United States District Judge James C. Dever III, on drug charges. Judge Dever sentenced MARTINEZ to 60 months’ imprisonment followed by 3 years of supervised release, in addition to 24 months for revocation of supervised release.
On January 31, 2018, MARTINEZ was charged in a three-count indictment, and on August 28, 2018, he pled guilty to possession with intent to distribute a quantity of cocaine. MARTINEZ was under federal supervised release at the time of his arrest in May of 2017.
In June of 2016, deputies with the Onslow County Sheriff’s Office received information that MARTINEZ was trafficking cocaine. Deputies then conducted multiple controlled purchases of cocaine from MARTINEZ. From June 14 to July 27, 2016, a total of approximately 82 grams of cocaine were purchased from MARTINEZ.
On February 14, 2017, an undercover officer conducted a controlled purchase of 55.7 grams of cocaine from MARTINEZ for $2,700. On May 18, 2017, an undercover officer met MARTINEZ, this time purchasing 27.2 grams of cocaine for $1,400. Later that day, deputies arrested MARTINEZ, who was found in possession of 55 grams of cocaine. MARTINEZ was interviewed and admitted to distributing and possessing the cocaine.
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 investigation of this case was conducted by the Onslow County Sheriff’s Office, Jacksonville Police Department, New Hanover County Sheriff’s Office, and Drug Enforcement Administration. Assistant United States Attorney Jake D. Pugh handled the prosecution of this case for the government.
Putnam County Man Pleads Guilty to Federal Charge of Accessing Child Pornography over the InternetRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces today that Jack Edward Armey (69, Interlachen) has pleaded guilty to accessing videos depicting child pornography using the internet. Armey faces a maximum penalty of 10 years in federal prison, and a potential life term of supervised release. A sentencing date has not yet been set.
According to court documents, on September 8, 2016, law enforcement officers executed a search warrant at Armey’s home, in connection with an undercover internet investigation during which an FBI analyst had downloaded videos of child pornography that were being shared by a computer traced to Armey’s residence. During an interview, Armey admitted that he had accessed and viewed videos depicting child pornography, that he had used certain terms to search for child pornography, and that he was specifically attracted to 12 to 14-year-old girls, but knew that viewing such material is illegal.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It 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 the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Prospect Man Sentenced to 16 Months in Federal Prison for Role in Bribery SchemeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that MICHAEL USZAKIEWICZ, 52, of Prospect, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 16 months of imprisonment, followed by one year of supervised release, for his role in a bribery scheme.
According to court documents and statements made in court, Uszakiewicz was the owner of K&M Fire Protection in Southington. Javed Choudhry was employed by a construction company based in Stamford. Between approximately 2011 and 2014, Uszakiewicz and other contractors paid a total of $250,000 to $500,000 in bribes to Choudhry to receive millions of dollars in contracts on construction projects in Stamford.
On April 17, 2018, Uszakiewicz pleaded guilty to one count of conspiracy to commit wire fraud.
As part of the resolution of this case, Uszakiewicz forfeited $1,121,106.
Judge Thompson ordered Uszakiewicz, who is released on a $100,000 bond, to report to prison on January 4, 2019.
On May 16, 2017, Choudhry, of Glastonbury, pleaded guilty to one count of conspiracy to commit wire fraud and one count of filing a false tax return. On September 6, 2018, he was sentenced to eight months of imprisonment and four months of home confinement, and was ordered to pay back taxes of approximately $47,500, plus interest and penalties.
This investigation was conducted by the Federal Bureau of Investigation and Internal Revenue Service – Criminal Investigation Division. The case was prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Project Huntington Update: Felon Sentenced to Prison for Illegally Possessing AmmunitionRead the Press Release
HUNTINGTON, W.Va. - A Huntington man was sentenced this week to 41 months in prison for being a felon in possession of ammunition, announced United States Attorney Mike Stuart. Stuart commended the investigative efforts of the Huntington Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“Another dangerous offender is removed from the streets of Huntington,” said United States Attorney Mike Stuart. “Rest assured we are keeping our focus on Project Huntington even as we start similar initiatives in other cities throughout southern West Virginia.”
On March 22, 2018, a Huntington Police Officer on patrol observed a Honda Accord with an expired registration sticker. The officer activated his emergency lights and began pursuing the vehicle. Landruis Boose, the driver of the Honda, admitted that he attempted to flee from the officer by speeding through a residential area of Huntington and crossing several busy intersections while not yielding or stopping for oncoming traffic. Boose further admitted that he eventually stopped at a parking lot, exited the car, and fled on foot.
Law enforcement soon apprehended Boose, and he admitted that he was carrying a backpack with a box of .45 caliber bullets. Boose additionally admitted that he had a set of digital scales and $380 cash in his pockets. Boose was prohibited from possessing ammunition under federal law because of a 2009 felony drug conviction in Cabell County Circuit Court.
AUSA Stephanie Taylor handled the prosecution. United States District Judge Robert C. Chambers imposed the sentence.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Prichard Man Who Fired on Police is Sentenced to 97 MonthsRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces the guilty plea and sentence of defendant Kevin V. Lucy for unlawfully possessing a firearm. Lucy pled guilty to being a prohibited person in possession of a firearm in Federal Court on July 23, 2018, before Senior Judge Callie V.S. Granade. On November 7, 2018, Senior Judge Granade sentenced the defendant to 97 months.
According to the Prichard Police Department’s offense report and the facts he admitted at his guilty plea, during the early morning hours of December 30, 2017, Kevin Lucy (24), of Prichard, Alabama opened fire on two Prichard police officers who were attempting to stop his vehicle for driving erratically. The officers believed that Lucy was possibly intoxicated and initiated a traffic stop to investigate. Lucy, however, fled at high speed, ignoring stop signs and traffic lights in a residential neighborhood. Lucy’s vehicle finally came to a stop in a residential back yard. When Prichard police officers approached the vehicle, Lucy exited and started shooting at the officers. The officers immediately took cover for their safety and returned fire. Once the shooting stopped, the officers again approached Lucy’s vehicle and found him on the ground, uninjured, crying and apologizing.
The officers recovered two pistols near Lucy, one on the ground and another on the driver’s seat. Officers also recovered a pill bottle and a baggy of marijuana between the driver’s seat and the center console of the vehicle.During later questioning, Lucy admitted he had smoked synthetic marijuana, sometimes referred to as “spice”, prior to coming into contact with police and admitted he possessed the firearms that he used to fire upon the police.
Lucy has a history of violence, evidenced by his conviction for robbery in 2014, which resulted in the death of another. State charges arising out of the same incident are still pending.
The Prichard Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives, Mobile Field Office investigated this case. Assistant United States Attorney Christopher Baugh prosecuted for the United States.
New Orleans Man Charged in Federal Court for Hobbs Act Robberies and Possession of a Firearm during a Crime of ViolenceRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced yesterday that JAMES RAIFORD, age 25, of New Orleans, was charged in a ten-count Indictment with Hobbs Act Robberies, an Attempted Hobbs Act Robbery, and Possession of a Firearm During a Crime of Violence in violation of Title 18, United States Code, Sections 1951(a) and 924(c)(1)(a)(i).
The federal indictment alleges that JAMES RAIFORD committed armed robberies of four businesses located in the New Orleans East and St. Claude areas while brandishing a firearm.
If convicted of the violations, JAMES RAIFORD faces a maximum term of imprisonment of 20 years, a fine of up to $250,000.00, a period of up to 3 years supervised release, and a mandatory special assessment of $100.00.
U. S. Attorney Peter G. Strasser reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safe for everyone. Former Attorney General Jeff Sessions made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
U.S. Attorney Peter G. Strasser praised the work of the New Orleans Police Department and the Bureau of Alcohol, Tobacco, and Firearms in investigating this matter. Assistant United States Attorney Brittany L. Reed is in charge of the prosecution.
Natick Man Arrested for Child PornographyRead the Press Release
BOSTON – A Natick man was arrested today and charged in federal court in Boston in connection with possessing child pornography.
Joshua Bemis, 28, was charged with one count of possession of child pornography. He appeared in federal court in Boston today and was ordered detained pending a detention hearing.
According to court documents, federal authorities received information from law enforcement in the United Kingdom about an individual whose IP address was traced to Bemis’ Natick residence, who had posted child pornography on a photo sharing website. Law enforcement subsequently executed a search warrant where they seized a laptop computer and separate hard drive, both of which contained hundreds of videos of children, including some that depict the rape of children as young as seven-years-old.
Bemis faces a sentence of no greater than 20 years in prison, a minimum of five years and up to a lifetime of supervised release, and a $250,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; and Natick Police Chief James G. Hicks made the announcement today. Assistant U.S. Attorney David G. Tobin is prosecuting the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
MoneyGram International Inc. Agrees to Extend Deferred Prosecution Agreement, Forfeits $125 Million in Settlement with Justice Department and Federal Trade CommissionRead the Press Release
WASHINGTON – MoneyGram International Inc. (MoneyGram), a global money services business headquartered in Dallas, Texas, has agreed to extend its deferred prosecution agreement and forfeit $125 million due to significant weaknesses in MoneyGram’s anti-fraud and anti-money laundering (AML) program resulting in MoneyGram’s breach of its 2012 deferred prosecution agreement (DPA). In addition to the monetary payment and extension of the deferred prosecution agreement, the company must enhance its anti-fraud and AML compliance programs.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney David J. Freed of the Middle District of Pennsylvania, Federal Trade Commission (FTC) Chairman Joseph Simons and Postal Inspector-in-Charge Daniel B. Brubaker of the U.S. Postal Inspection Service (USPIS) Philadelphia Division made the announcement.
A two-count felony criminal information was filed on Nov. 9, 2012, in the Middle District of Pennsylvania charging MoneyGram with willfully failing to maintain an effective AML program and aiding and abetting wire fraud. The government agreed to defer prosecution on the information for five years provided MoneyGram complied with the DPA. Today’s amendment to the agreement will extend the term of the DPA for 30 months.
According to court documents filed in 2012, MoneyGram was involved in consumer fraud schemes perpetrated by corrupt MoneyGram agents and others. In the fraud scams, which generally targeted the elderly and other vulnerable groups, perpetrators contacted victims in the United States and falsely posed as victim’s relatives in urgent need of money, falsely promised large cash prizes, or promised items for sale over the internet at deeply discounted prices. The perpetrators required the victims to send funds through MoneyGram’s money transfer system.
According to the joint motion filed today to extend and amend the DPA, MoneyGram breached its 2012 DPA. During the course of the DPA, MoneyGram experienced significant weaknesses in its AML and anti-fraud program, inadequately disclosed these weaknesses to the government, and failed to complete all of the DPA’s required enhanced compliance undertakings. As a result of its failures, MoneyGram processed at least $125 million in additional consumer fraud transactions between April 2015 and October 2016.
Today, as a result of MoneyGram’s breach of the DPA, the government filed a motion to extend all the terms of MoneyGram’s DPA and amend and enhance MoneyGram’s compliance requirements pursuant to the DPA. In addition, MoneyGram agreed to forfeit $125 million, which the department intends to return to victims of fraud through the Justice Department’s Victim Compensation Program. Under the terms of the extension, the government has agreed to continue to defer prosecution for a period of 30 months, after which time the government would seek to dismiss charges if MoneyGram has complied with the agreement.
As part of the amendment to and extension of the DPA, MoneyGram has agreed to additional enhanced compliance obligations, including creating policies or procedures:
- to block certain reported fraud receivers and senders from using MoneyGram’s money transfer system within two days of receiving a complaint identifying those individuals;
- to require individuals worldwide to provide government-issued identification to send or receive money transfers;
- to monitor all money transfers originating in the United States in its anti-fraud program; and
- to terminate, discipline, or restrict agents processing a high volume of transactions related to reported fraud receivers and senders.
In a related case, MoneyGram agreed to settle contempt allegations by the FTC filed today in the U.S. District Court for the Northern District of Illinois, alleging that MoneyGram violated its 2009 order with the FTC. The FTC alleges that MoneyGram failed to implement the comprehensive fraud prevention program mandated by the 2009 order, which requires the company to promptly investigate, restrict, suspend, and terminate high-fraud agents. According to the FTC, MoneyGram was aware for years of the high levels of fraud and suspicious activities involving certain agents, including large chain agents, but failed to promptly conduct required reviews or suspend or terminate agents, as required by the 2009 order.
In resolving the FTC allegations, MoneyGram agreed to a monetary judgment of $125 million and to an expanded and modified order that will supersede the Commission’s 2009 order and apply to money transfers worldwide. The modified order requires, among other things, that the company block the money transfers of known fraudsters and provide refunds to fraud victims in circumstances where its agents fail to comply with applicable policies and procedures. In addition, the modified order includes enhanced due diligence, investigative, and disciplinary requirements.
The USPIS and the U.S. Attorney’s Office for the Middle District of Pennsylvania have been investigating and prosecuting consumer fraud schemes using MoneyGram’s money transfer system since 2007. To date, the U.S. Attorney’s Office of the Middle District of Pennsylvania has charged 37 MoneyGram agent owners for conspiracy, money laundering and fraud-related violations. Twenty-eight of those charged have been convicted.
USPIS’s Philadelphia Division’s Harrisburg, Pennsylvania Office investigated the case. Senior Trial Attorney Margaret A. Moeser of the Criminal Division’s Money Laundering and Asset Recovery Section’s Bank Integrity Unit and Assistant U.S. Attorney Kim Douglas Daniel of the Middle District of Pennsylvania are prosecuting the case. The department appreciates the significant cooperation and assistance provided by the FTC in this matter.
Persons who believe they were victims of the fraud scheme should visit the Department of Justice’s victim website at MoneyGramRemission.com or call 844-269-2630 for updates on how to request compensation as a result of this action.
The Victim Compensation Program, operated by the Money Laundering and Asset Recovery Section, is composed of a team of experienced professionals, including attorneys, accountants, auditors and claims analysts. In hundreds of cases, the Victim Compensation Program has successfully used its specialized expertise to efficiently convert forfeited assets to victim recoveries.
The Bank Integrity Unit investigates and prosecutes complex, multi-district, and international criminal cases involving financial institutions. The Unit’s prosecutions focus on banks and other financial institutions, including their officers, managers, and employees, whose actions threaten the integrity of the individual institution or the wider financial system.
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Mobile County Man Receives 18 Months for His Role in a Methamphetamine ConspiracyRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that John Paul Willcox, a 37 year old resident of Mobile, Alabama was sentenced to 18 months incarceration after being convicted of possession with intent to distribute methamphetamine.
On July 26, 2018, according to a factual statement Willcox signed in connection with his guilty plea, on August 9, 2017, Postal Inspectors intercepted a 2 pound 15 ounce express mail package addressed to John P. Willcox, at his home address in Mobile, Alabama. The package originated from Arizona (a source state for methamphetamine) and had a return address that was fictitious. Since it was a common practice for illegal narcotics traffickers to utilize the U.S. Mail to send narcotics from source cities with fictitious addresses, postal inspectors called in a narcotics drug dog who alerted to the package.
On August 10, 2017, a controlled delivery was made to Willcox at his home address. Once he accepted the package and took it into the residence, Mobile County deputies executed a search warrant at the address. During the search, the package was retrieved and opened. Inside of the package was approximately 857.9 grams of methamphetamine - a distribution amount of methamphetamine. Willcox was the only person at the residence at the time of the search. Willcox was read his Miranda Rights and he stated that he understood them and agreed to speak with the deputies. Willcox stated that he receive the package for “Rock”, who was his supplier for illegal pills. He agreed to receive the package because he owed “Rock” for providing him with the illegal pills. Willcox knew or had reasonable cause to believe that the package he received for “Rock” contained illegal drugs consistent with the weight of the package. Willcox intended to give the package to “Rock.”
Inspectors of the U. S. Postal Service along with deputies of the Mobile County, Alabama Sheriff’s Office investigated the case and brought it to the U. S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.Minneapolis Felon Found Guilty in Connection with 2017 Bar ShootingRead the Press Release
United States Attorney Erica H. MacDonald today announced the conviction of CORTEZ MAURICE CRUMBLE, a/k/a “Bruiser,” 30, on one count of felon in possession of ammunition in connection with a shooting at a Minneapolis bar. CRUMBLE was indicted on January 23, 2018, and was found guilty yesterday afternoon following a jury trial before Senior Judge Ann D. Montgomery in United States District Court in Minneapolis, Minnesota. One additional defendant, CEDRIC LAMONT BERRY, JR, a/k/a “Ced,” 24, pleaded guilty on July 19, 2018, to one count of felon in possession of ammunition. A sentencing hearing for CRUMBLE has been set for March 21, 2018.
Evidence admitted at trial showed that in the early morning hours of November 23, 2017, CRUMBLE and BERRY were at the Broadway Pub in Minneapolis when BERRY and other individuals got into a fight inside the bar. Security personnel broke up the fight, however; video footage captured BERRY as he ran out of the bar and appeared to retrieve something from a vehicle in the parking lot. BERRY was then seen running back into the bar with a firearm in his hand. Shortly afterward, CRUMBLE was captured on video outside the bar shooting at a vehicle as it sped out of the parking lot. BERRY was also captured on video appearing to draw a firearm from his waistband and firing at the vehicle. Law enforcement officers found 20 .40 caliber discharged cartridge casings in the area where the shooting took place.
Additional evidence admitted at trial showed that on December 19, 2017, law enforcement officers conducted a traffic stop of a vehicle that matched the car CRUMBLE and BERRY were seen driving following the shooting. CRUMBLE, who was a passenger in the vehicle at the time of the stop, was taken into custody. Following the execution of a search warrant on CRUMBLE’S cell phone and residence, officers found multiple images of firearms and ammunition.
Both CRUMBLE and BERRY have prior felony convictions prohibiting them from legally possessing firearms or ammunition at any time.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Minneapolis Police Department, and the Minnesota Bureau of Criminal Apprehension.
Assistant U.S. Attorney Thomas Calhoun-Lopez tried the case.
Defendant Information:
CORTEZ MAURICE CRUMBLE, a/k/a “Bruiser,” 30
Minneapolis, Minn.
Convicted:
- Felon in possession of ammunition, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Minkler announces disability rights roundtableRead the Press Release
PRESS RELEASE
INDIANAPOLIS–Disability rights advocates met recently to learn about new resources and to share information during the second Disability Rights Roundtable convened by the United States Attorney’s Office for the Southern District of Indiana. The U.S. Attorney’s office convened the first meeting of this group in March 2018, during Disability Awareness Month. Monday’s event was held at the Indiana Disability Rights offices at 4701 North Keystone Avenue, Indianapolis. The collaborative effort included more than 20 participants from advocacy organizations, state and local government and service providers.
Vicki Johnson of AWS Foundation, a not-for-profit entity in support of the disability community presented Indiana Disability Resource Finder, a new system navigator that will provide access to resources for people with disabilities and their families as well as service providers. FINDER, is designed to be inclusive and accessible, and should be available for users in the spring of 2019.
Melissa Keyes, Legal Director for Indiana Disability Rights, talked about her organization’s efforts in supported decision making and the possibility of legislation on this issue during the next legislative session. Kim Dodson, Executive Director of the Arc of Indiana, reviewed the report and recommendations prepared by the Task Force for Assessment of Services and Supports for People with Intellectual and Developmental Disabilities. The task force, chaired by Lt. Gov. Suzanne Crouch, developed a comprehensive plan to implement community-based services to people with intellectual and other developmental disabilities.
Joel Boehner, Executive Director of IN*SOURCE, shared his group’s new public service announcement, which can be found at https://youtu.be/UWBg8bA7wYE. Tammy Themel, Executive Director of Access Ability, invited participants to contribute to upcoming focus groups about consumer change, to be sponsored by her organization in upcoming months.
The Disability Rights Roundtable plans to meet again in February 2019.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This event demonstrates the Office’s firm commitment to the enforcement of civil rights through outreach and communication with local groups, organizations and law enforcement officials. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 7.3
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Milwaukee Man Charged in Federal Court with Weapons Charges and Witness IntimidationRead the Press Release
United States Attorney Matthew D. Krueger announced that on November 7, 2018, a federal grand jury returned a six-count indictment against Lonnie Mixon (age: 28), of Milwaukee. The indictment charges Mixon with five separate counts of illegally possessing a firearm, in violation of Title 18, United States Code, 922(g) (1) and one count of witness intimidation in violation of Title 18, United States Code, Section 1512(b)(3). If convicted, Mixon faces a maximum of 10 years’ imprisonment, up to a $250,000 fine, and up to 3 years of supervised release on each of the firearms counts and a maximum of 20 years’ imprisonment, up to a $250,000 fine, and up to 5 years of supervised release on the witness intimidation charge.
This case is being prosecuted as part of the Project Safe Neighborhood initiative. Project Safe Neighborhoods is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods’ strategy brings together all levels of law enforcement and community resources to reduce violent crime and improve the quality of life in all our neighborhoods.
The Milwaukee Police Department investigated the case, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Karine Moreno-Taxman.
An indictment is only a charge and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove his guilt beyond a reasonable doubt.
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Michigan Man Ordered to Pay over $1-Million in Restitution in Xerox Toner Fraud CaseRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Carlos Garza, of Michigan, who was convicted of conspiracy to transfer stolen property in interstate commerce, was sentenced to five years probation and ordered to pay restitution in the amount of $1,369,078.46 by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that the Xerox Corporation in Webster, NY, provides its branded printing toner to customers who have entered into lease contracts for Xerox printers. The toner received by the customers remains the property of Xerox until it is consumed. Customers can order as much toner as needed to keep printers operational but at the end of a lease, shipping companies pick up the toner and other supplies to be returned to Xerox for resale. At all times, unused toner remains the property of Xerox, and the customer cannot sell the toner.
Between 2010, and 2015, Garza conspired with others illegally to purchase Xerox toner. The defendant purchased the toner from the truck drivers of shipping companies who were returning the unused toner to Xerox or from Xerox agent-owners who should not have had toner to sell. Garza then sold the stolen toner to companies who specialized in purchasing and selling printing supplies. The stolen Xerox toner was transported from Michigan to various companies, including a company in the Western District of New York.
From 2010 to 2015, Garza purchased stolen Xerox toner with a retail value of approximately $1,370,000.
A co-defendant, David Meidel, has also been convicted.
The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly; and the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office.
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Man Pleads Guilty to Possession of Stolen FirearmsRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced yesterday that STEVEN RE, age 42, of Florida, pleaded guilty to Counts 1 and 2 of the Indictment, which charged him with possession of stolen firearms, in violation of Title 18, United States Code, Sections 922(j) and 924(a)(2).
According to court documents, RE sold stolen firearms to pawn shops on September 8, 2017 and September 15, 2017. RE confessed that he stole the firearms in residential burglaries and brought them to pawn shops to obtain money to buy drugs.
RE faces a maximum of ten years of imprisonment and/or a fine of up to $250,000 or the greater of twice the gross gain to the defendant or twice the gross loss to any person. RE may be placed on supervised release for a period of up to three years and fined a mandatory special assessment fee of $100.00 per count. U.S. District Court Judge Jay C. Zainey set sentencing for February 5, 2019.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safe for everyone. Former Attorney General Jeff Sessions made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, then Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN was launched in 2001.
U.S. Attorney Peter G. Strasser praised the work of the Bureau of Alcohol, Tobacco, and Firearms, St. Bernard Parish Sheriff’s Office, Jefferson Parish Sheriff’s Office, and the Hammond Police Department, in investigating this matter. Assistant United States Attorneys Maria M. Carboni and Ryan McLaren are in charge of the prosecution.
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Man Charged in Canal Crash Death Now Faces Federal Charges for Illegal Re-Entry to United StatesRead the Press Release
Augusta, GA – A previously removed Mexican national, recently sentenced to time served and released from state custody on traffic charges after a fatal vehicle crash into the Augusta Canal, has been indicted on a federal charge of illegally re-entering the United States prior to that fatal crash.
In an indictment filed Friday, Nov. 9, Eduardo Gonzalez-Frias, 29, was charged in U.S. District Court with illegal reentry after removal/deportation, said Bobby L. Christine, United States Attorney for the Southern District of Georgia. Immigration and Customs Enforcement took Gonzalez-Frias into custody upon his release from the Richmond County Detention Center.
Gonzalez-Frias initially was charged with vehicular homicide, driving under the influence and other violations after a crash in May 2017 in which his vehicle struck a guardrail on Interstate 20 and flipped into the Augusta Canal. Another occupant, Michael Botello, was found dead inside the submerged vehicle. After the charge of vehicular homicide was withdrawn when state prosecutors said they couldn’t prove Gonzalez-Frias was driving the vehicle, Gonzalez-Frias pled guilty to vehicle registration infractions and was released from jail after having served 16 months. Gonzalez-Frias still faces state prosecution for another DUI arrest that occurred a month before the fatal crash.
Gonzalez-Frias had been removed to Mexico in 2011 after having been found to be inadmissible to the United States due to falsely representing himself as a U.S. citizen. His federal indictment charges him with the additional crime of illegal re-entry after that removal.
“Our office is committed to ensuring that those who enter the United States illegally and commit additional crimes while here will be caught and punished to the fullest extent of the law,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. “There will be zero tolerance for those who break the law to get here, especially when they further endanger our citizens with reckless or violent conduct.”
Gonzalez-Frias was one of eight defendants for whom federal indictments for illegal immigration charges were returned this week. Southern District of Georgia prosecutors indicted just four immigration cases in 2016, and in less than two years since then, that number has skyrocketed by 2,600 percent with more than 100 cases prosecuted.
A criminal indictment contains only charges. Defendants are presumed innocent unless and until proven guilty.
Assistant United States Attorney Alejandro V. Pascual IV is prosecuting the case on behalf of the United States. For any questions, please contact Barry Paschal at the United States Attorney’s Office at (912) 652-4422.
MS-13 Member Sentenced to 68 Months in Federal Prison for Conspiring to Rob Two Taxi Cab DriversRead the Press Release
Greenbelt, Maryland – U.S. District Judge George J. Hazel sentenced El Salvadoran national Kevin Fernandez-Serrano, age 23, of Langley Park, Maryland, to 68 months in prison, followed by three years of supervised release, for leading a conspiracy to rob taxi cab drivers. At his sentencing hearing on November 8, 2018, Fernandez-Serrano admitted that he is a member of the MS-13 gang.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Chief J. Thomas Manger of the Montgomery County Police Department; and Chief Henry P. Stawinski III of the Prince George’s County Police Department.
According to his plea agreement, Fernandez-Serrano and his co-conspirators planned to, and did rob, drivers for taxi dispatch services operating in Montgomery and Prince George’s Counties. Fernandez-Serrano directed the co-conspirators to commit the robberies; he provided weapons, including knives and a gun, for use during the robberies; he acted as the getaway driver after the robberies; and he collected and distributed proceeds from the robberies, including using the proceeds to benefit MS-13.
Specifically, on February 10, 2017, Fernandez-Serrano drove three co-conspirators to a donut shop in Wheaton, Maryland, for the purpose of robbing a taxi cab driver. Fernandez-Serrano provided the co-conspirators with knives to use during the robbery. One of the co-conspirators called a company to request a taxi. The taxi arrived a short time later and the three co-conspirators got into the vehicle and directed the driver to a dead-end street near a park, where they robbed the driver, pressing the knives to the victim’s stomach and neck. The conspirators stole $350 in cash, the victim’s cellular phone, gold chain, watch, and credit card. The conspirators fled through the park, then entered the getaway car driven by Fernandez-Serrano. Fernandez-Serrano collected the cash and stolen items, kept some for himself, and distributed items, including the victim’s phone and watch, to his co-conspirators. Fernandez-Serrano and the co-conspirators used the victim’s credit card to make a purchase at a convenience store in Silver Spring, Maryland.
On February 17, 2017, Fernandez-Serrano drove two co-conspirators in a stolen vehicle to a dead-end street in Hyattsville, where he called a different company to request a cab. When the cab driver arrived, Fernandez-Serrano pulled his car into the road, blocking the taxi driver from leaving, and the co-conspirators approached and entered the taxi. One held a gun to the victim’s head and the other held a knife to the victim’s ribs, demanding that the victim give them everything he had. The co-conspirators stole $75 in cash, the victim’s cellular phone, and other personal items. The co-conspirators demanded the passcode for the phone and threatened to shoot the victim if the driver lied about the passcode. The co-conspirators got out of the car, threw the car keys to the side of the road, entered the stolen vehicle being driven by Fernandez-Serrano, and they all drove away.
Fernandez-Serrano was later arrested. He fled when officers attempted to apprehend him, dropping two cellular phones, including the one he used to call the taxi company on February 17th.
Co-defendants Frank Anthony Diaz-Navarro, age 22, and Carlos Alfredo Garay-Ramirez, age 19, both of Silver Spring, Maryland, and Jose Ernesto Saravia-Cubias, age 24, of Greenbelt, Maryland, previously pleaded guilty to their roles in the robbery conspiracy. Diaz-Navarro was sentenced to 46 months in federal prison. Saravia-Cubias and Garay-Ramirez are scheduled to be sentencing on November 15 and November 16, 2018, respectively. The defendants are all El Salvadoran nationals and are expected to be deported after serving their federal sentences.
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. PSN was reinvigorated 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.
United States Attorney Robert K. Hur commended HSI, and the Montgomery and Prince George’s County Police Departments for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Timothy F. Hagan, Jr., who is prosecuting the case.
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MS-13 Member Pleads Guilty to Conspiring to Participate in A Violent Racketeering EnterpriseRead the Press Release
A Maryland gang member pleaded guilty today to his participation in a racketeering enterprise in furtherance of the activities of the gang known as La Mara Salvatrucha, or MS-13.
Assistant Attorney General Brian A. Benczkowski for the Justice Department’s Criminal Division, U.S. Attorney Robert K. Hur for the District of Maryland, Acting Special Agent in Charge Scott Hoernke of the U.S. Drug Enforcement Administration (DEA) Washington Field Division, Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Baltimore Field Office, Chief J. Thomas Manger of the Montgomery County Police Department, Chief Henry P. Stawinski III of the Prince George’s County Police Department, Prince George’s County State’s Attorney Angela D. Alsobrooks, Chief Amal Awad of the Hyattsville Police Department and Montgomery County State’s Attorney John McCarthy made the announcement.
Kevin Alexis Hernandez-Guevara, aka “Stop,” 22, a citizen of El Salvador illegally residing in Elizabethtown, New Jersey, pleaded guilty before the Honorable Judge Paula Xinis in the District of Maryland to conspiracy to participate in a racketeering enterprise. Hernandez-Guevara is scheduled to be sentenced on Feb. 15, 2019.
According to the plea agreement, MS-13 is a gang composed primarily of immigrants or descendants of immigrants from El Salvador, with members operating in the State of Maryland, including Montgomery County, Prince George’s County, and Frederick County, and throughout the United States. Branches or “cliques” of MS-13 often work together cooperatively to engage in criminal activity and to assist one another in avoiding detection by law enforcement. MS-13 members and associates are required to commit acts of violence within the gang and against rival gangs. One of the principal rules of MS-13 is that its members must attack and kill rivals, known as “chavalas,” whenever possible.
Pursuant to his plea agreement, Hernandez-Guevara admitted that from at least July 2016, he was a member and associate of the Sailors Clique. Hernandez-Guevara admitted to participating in numerous acts in furtherance of the racketeering conspiracy.
For example, according to the plea agreement, on or about July 29, 2016, Hernandez-Guevara and three other members and associates of MS-13 planned and conspired to murder Victim-2, who was believed to be a member of a rival gang. On July 29, 2016, pursuant to that plan, Hernandez-Guevara and other MS-13 members and associates lured Victim-2 to a secluded area in Hyattsville, Prince George’s County, Maryland. One of the MS-13 members and associates shot at Victim-2, and missed. Hernandez-Guevara collected the fired shell casings from the gunshots fired by Hernandez-Guevara’s co-conspirator. Multiple MS-13 members and associates then assaulted and stabbed Victim-2 with the intention of killing him. Victim-2 died as a result of injuries sustained during this attack, which included 61 sharp force injuries.
Additionally, according to the plea agreement, on or about Aug. 9, 2016, in Hyattsville, Hernandez-Guevara and other MS-13 members and associates planned and attempted to rob Victim-3 and Victim-4 of a pound of marijuana that Victim-3 and Victim-4 were going to sell to Hernandez-Guevara and his co-conspirators. During the attempt, Victim-3 and Victim-4 resisted. In the course of the struggle, Victim-3 and Victim-4 were shot, stabbed, and sustained serious, permanent, and life threatening bodily injuries. Hernandez-Guevara and another co-conspirator were also shot.
Hernandez-Guevara also admitted to distributing less than one kilogram of marijuana for and on behalf of the Sailors Clique. His activities included receiving and distributing marijuana and proceeds from the sale of marijuana.
Eight of Hernandez-Guevara’s co-defendants remain charged in the sixth superseding indictment with various racketeering violations, drug trafficking conspiracy, and extortion conspiracy. The trial of the eight remaining defendants is scheduled to commence on March 12, 2019.
An indictment is merely an allegation. Those defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
HSI Baltimore, FBI Washington Field Office, DEA Washington Field Office, the Prince George’s County Police Department, the Montgomery County Police Department, the Prince George’s State’s Attorney’s Office, the Hyattsville Police Department, and the Montgomery County State’s Attorney’s Office investigated this case. Trial Attorney Francesca Liquori of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys William D. Moomau, Catherine K. Dick, and Daniel C. Gardner are prosecuting this case.
MS-13 Member Pleads Guilty to Federal Charge of Conspiring to Participate in A Violent Racketeering EnterpriseRead the Press Release
Greenbelt, Maryland – Kevin Alexis Hernandez-Guevara, aka “Stop,” age 22, a citizen of El Salvador illegally residing in Elizabethtown, New Jersey, pleaded guilty today to a federal charge relating to his participation in a racketeering enterprise in furtherance of the activities of the gang known as La Mara Salvatrucha, or MS-13.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Assistant Attorney General Brian A. Benczkowski for the Justice Department’s Criminal Division; Acting Special Agent in Charge Scott Hoernke of the U.S. Drug Enforcement Administration (DEA) Washington Field Division; Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Baltimore Field Office; Chief J. Thomas Manger of the Montgomery County Police Department; Chief Henry P. Stawinski III of the Prince George’s County Police Department; Interim Chief Amal Awad of the Hyattsville Police Department; Prince George’s County State’s Attorney Angela D. Alsobrooks; and Montgomery County State’s Attorney John McCarthy.
According to the plea agreement, MS-13 is a gang composed primarily of immigrants or descendants of immigrants from El Salvador, with members operating in the State of Maryland, including Montgomery County, Prince George’s County, and Frederick County, and throughout the United States. Branches or “cliques” of MS-13 often work together cooperatively to engage in criminal activity and to assist one another in avoiding detection by law enforcement. MS-13 members and associates are required to commit acts of violence within the gang and against rival gangs. One of the principal rules of MS-13 is that its members must attack and kill rivals, known as “chavalas,” whenever possible.
Pursuant to his plea agreement, Hernandez-Guevara admitted that from at least July 2016, he was a member and associate of the Sailors Clique of MS-13. Hernandez-Guevara admitted to participating in numerous acts in furtherance of the racketeering conspiracy.
For example, according to the plea agreement, on or about July 29, 2016, Hernandez-Guevara and three other members and associates of MS-13 planned and conspired to murder Victim 2, who was believed to be a member of a rival gang. On July 29, 2016, pursuant to that plan, Hernandez-Guevara and other MS-13 members and associates lured Victim 2 to a secluded area in Hyattsville, Prince George’s County, Maryland. One of the MS-13 members and associates shot at Victim 2, and missed. Hernandez-Guevara collected the fired shell casings from the gunshots fired by Hernandez-Guevara’s co-conspirator. Multiple MS-13 members and associates then assaulted and stabbed Victim 2 with the intention of killing him. Victim 2 died as a result of injuries sustained during this attack, which included 61 sharp force injuries.
Also, according to the plea agreement, on or about Aug. 9, 2016, in Hyattsville, Hernandez-Guevara and other MS-13 members and associates planned and attempted to rob Victim 3 and Victim 4 of a pound of marijuana that Victim 3 and Victim 4 were going to sell to Hernandez-Guevara and his co-conspirators. During the attempt, Victim 3 and Victim 4 resisted. In the course of the struggle, Victim 3 and Victim 4 were shot, stabbed, and sustained serious, permanent, and life-threatening bodily injuries. Hernandez-Guevara and another co-conspirator were also shot.
Hernandez-Guevara also admitted to distributing less than one kilogram of marijuana for and on behalf of the Sailors Clique. His activities included receiving and distributing marijuana and proceeds from the sale of marijuana.
Hernandez-Guevara faces a maximum sentence of life in prison. U.S. District Judge Paula Xinis has scheduled sentencing for Hernandez-Guevara on February 15, 2019.
United States Attorney Robert K. Hur and Assistant Attorney General Brian Benczkowski commended HSI, the FBI, the DEA, the Prince George’s County Police Department, the Montgomery County Police Department, the Prince George’s State’s Attorney’s Office, the Hyattsville Police Department, and the Montgomery County State’s Attorney’s Office for their investigation. Mr. Hur and Mr. Benczkowski thanked Assistant U.S. Attorneys William D. Moomau, Catherine K. Dick, and Daniel C. Gardner, and Trial Attorney Francesca Liquori of the Criminal Division’s Organized Crime and Gang Section, who are prosecuting this case.
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Louisville Man Sentenced to Federal Prison for Denver Bank RobberyRead the Press Release
DENVER – A Louisville, Colorado man was sentenced this week by U.S. District Court Judge William J. Martinez to serve 64 months in federal prison for bank robbery, U.S. Attorney Jason R. Dunn and FBI Denver Division Special Agent in Charge Dean Phillips announced. The defendant, Tristan Monroe Eerebout, age 41, was remanded to the custody of the U.S. Marshals Service at the conclusion of the sentencing hearing.
According to the stipulated facts contained in the plea agreement, on March 8, 2017, the defendant robbed the First Bank in downtown Denver. The defendant entered the bank and presented a demand note to the victim teller, saying, “This is a robbery, give me all your money.” The defendant handed the teller a brown paper bag. The teller gave him cash and a GPS tracking device. The defendant fled the bank, heading towards Union Station. He discarded the GPS tracker and then took a bus to Louisville, Colorado. Video surveillance helped law enforcement get a description of the defendant and the direction from the bus stop from which he fled.
A law enforcement officer went into a local movie theater near the Louisville bus stop, looking for the defendant. The officer spoke to theater staff, who recalled that a man matching that description was present at the theater. The defendant had told a movie theater employee that he had been in prison for 10 years for attempting to kill a man. The defendant then purchased a movie ticket with two $20.00 bills, and tipped an employee $25.00, stating that his name was Tristan. Law enforcement entered the theater, found the defendant, and took him into custody.
This case was investigated by the FBI, Denver Police Department and the Louisville Police Department. The defendant was prosecuted by Assistant U.S. Attorney Kurt Bohn.
Local Man Convicted of Felon in Possession of a FirearmRead the Press Release
DES MOINES, Iowa – On November 6, 2018, following a two-day trial, a jury found Ryan Nicholas Haynes, age 28, of West Des Moines, Iowa, guilty of one count of felon in possession of a firearm. Sentencing before United States District Court Judge Stephanie Rose will be set at a later date.
Haynes was charged with being a felon in possession of a firearm on July 29, 2017. During trial, the government presented evidence that Haynes was present on a party bus that was stopped for a traffic violation in downtown Des Moines, Iowa. Officers smelled marijuana coming from the bus, so they removed the passengers to investigate further. When Haynes was stepping off the bus, he removed marijuana from his pocket and handed it to one of the officers. A pat-down search of Haynes revealed a firearm in his pants. Before officers could recover the firearm, Haynes ran from them. After a short foot chase, officers apprehended Haynes near 16th Street and Grand Avenue. The firearm was recovered in a flowerbed outside a townhome in the 1600 block of Grand Avenue. This was right next to where Haynes had jumped a fence while running from officers. The firearm was loaded with 14 live rounds of ammunition. It was identified as a Glock, Model 22, .40 caliber handgun.
Haynes is in federal custody pending imposition of sentence. Felon in possession of a firearm is punishable by up to ten years’ imprisonment.
The case was investigated by the Des Moines Police Department’s Special Enforcement Team and the Federal Bureau of Investigation. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Las Vegas Man Sentenced to 17 Years in Prison for Armed Robbery of A Jewelry StoreRead the Press Release
LAS VEGAS, Nev. – A Las Vegas man who was convicted of stealing more than $470,000 in cash and jewelry during an armed robbery was sentenced Thursday to 204 months in federal prison, announced U.S. Attorney Dayle Elieson for the District of Nevada.
After a four-day jury trial in March, Joshua Sadat Washington, 38, was convicted of one count of interference with commerce by robbery, one count of brandishing a firearm in furtherance of a crime of violence, and one count of transportation of stolen goods. In addition to the prison term, U.S. District Judge Jennifer A. Dorsey ordered him to pay $334,791.51 in restitution.
The conviction was the result of an elaborate, but failed, robbery plot. The plot began on August 13, 2016, co-defendant Fedel Sakers, posing as a FedEx delivery driver with a package, entered Alfredo’s Jewelry in Las Vegas. Sakers pointed a gun at one employee, jumped over the display cases, and forced that employee and another employee to the floor. Washington entered the store and bound their hands with zip ties. During the robbery, Washington kept telling Sakers to “shoot those bitches,” referring to the victims. Washington dragged one of the victims by the hair and kicked her in the face when he became frustrated at the lack of money where he thought it should be. Washington placed the stolen jewelry and cash in garbage bags, then he and Sakers left the store.
Later on August 13, 2016, following the robbery, Washington mailed two packages containing the stolen jewelry to Miami, Florida. He addressed the packages to himself. A mail-carrier employee in Miami opened one package mistakenly believing it contained marijuana. When the employee noticed the package was filled with jewelry still containing price tags, he contacted law enforcement. Two days after the robbery additional packages were recovered in Miami in a storage locker rented by Washington. Washington mailed a third package two days after the robbery. Law enforcement arrested him when he attempted to collect the third package. A search of the vehicle Washington was driving at the time of his arrest revealed flight information showing he and Sakers flew from Las Vegas to Miami. A total of approximately $471,000 in cash and jewelry were stolen in the robbery.
Sakers was charged and pleaded guilty to interference with commerce by robbery and brandishing a firearm in furtherance of a crime of violence. He was sentenced to 16 years in prison and three years of supervised release.
The case was investigated by the FBI and Las Vegas Metropolitan Police Department.
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L.A. Sheriff’s Deputy, Two Other Men Arrested on Federal Charges for Stealing 600 Pounds of Marijuana and $100,000 during Bogus SearchRead the Press Release
LOS ANGELES – A Los Angeles County Sheriff’s Deputy and two alleged cohorts are scheduled to make their first court appearances this afternoon after they were arrested Thursday on federal drug distribution charges that allege they stole 600 pounds of marijuana and $100,000 in cash during an armed robbery at a downtown Los Angeles warehouse by falsely portraying themselves as law enforcement officers executing a search warrant.
LASD Deputy Marc Antrim, 41, of South El Monte, who is assigned to the LASD station in Temple City; Eric Rodriguez, a.k.a. “Rooster,” 32, of Adelanto; and Kevin McBride, 43, of Glendora, were all arrested Thursday morning without incident.
“Deputy Antrim allegedly was able to use his law enforcement expertise and his access to Sheriff’s Department gear to stage a robbery that netted over a million dollars in marijuana and cash,” said United States Attorney Nick Hanna. “We cannot tolerate this type of behavior from sworn officers, and this case demonstrates our commitment to quickly address corrupt behavior by law enforcement. The rapid response by the Sheriff’s Department, and the collaborative work with their federal colleagues in the DEA, FBI and ATF, is a perfect example of law enforcement joining together to ensure the integrity of the criminal justice system.”
“Today’s arrests send a clear message that law enforcement will not tolerate criminal activity committed by those entrusted to uphold the law and protect the public,” said DEA Special Agent in Charge David J. Downing. “Drug traffickers will be held accountable, regardless of their standing in the community.”
“The alleged actions by the defendants detail an egregious level of corruption that posed a safety risk to victims and fellow police officers,” said Paul Delacourt, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “The FBI and our partners will continue to root out corruption which undermines the law enforcement mission and stains the reputation of those committed to serve and protect.”
“This is an example of local and federal law enforcement partners collaborating to make our community a safer place for all,” said Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge of Los Angeles Field Division Bill McMullan. “Law-enforcement personnel are held to a higher standard as they are chosen to protect our communities. It is always disheartening when an individual thinks he is above the law because he wears a badge. It won’t be tolerated in any form.”
“Our Department has a great working relationship with our federal partners in protecting the public and maintaining trust,” said Sheriff Jim McDonnell. “This case serves as an example of the thorough processes in place and our commitment to holding anyone who violates the law accountable.”
According to two criminal complaints filed in this case, security camera footage shows Antrim, McBride and another unnamed co-conspirator approaching the warehouse during the early morning hours of October 29, driving an unmarked Ford Explorer. The Ford Explorer’s license plate shows it was an LASD-registered vehicle assigned to the Temple Station, where Antrim worked.
Antrim and his co-conspirators allegedly gained access to the warehouse by purporting to be deputies executing a lawful search. All three men allegedly were dressed as deputies, Antrim in a green vest that said “Sheriff” and McBride and the other cohort in green jackets with LASD patches on the sleeve. All were wearing duty belts often worn by law enforcement officials, each had a holstered handgun, and one man appeared to be holding a long gun, according to court documents. Antrim allegedly showed a security guard a piece of paper inside a folder, which investigators believe was a document purporting to be a search warrant for the warehouse.
At the beginning of the two-hour robbery, Antrim, McBride and the third man allegedly detained three warehouse employees, including two security guards, in the backseat of the LASD Ford Explorer. Soon after the guards and the employee were detained, a fourth man arrived at the warehouse in a large rental truck, and all four men began loading what appeared to be marijuana into the truck.
When Los Angeles Police Department officers legitimately responded to a call for service at the warehouse during the robbery, Antrim’s three co-conspirators allegedly fled the warehouse through a back door and two of them discarded their LASD jackets. Antrim then falsely told the LAPD officers that he was an LASD narcotics deputy conducting a legitimate search, court documents said. To facilitate the sham, Antrim allegedly handed his phone to one of the LAPD officers so that the officer could speak to someone on the phone claiming to be Antrim’s LASD sergeant. According to court documents, the individual on the phone was not Antrim’s sergeant, and Antrim did not have a legitimate search warrant for the warehouse.
After LAPD officers left the warehouse about 20 minutes later, McBride and another co-conspirator allegedly returned to the scene and continued the robbery with Antrim. Rodriguez allegedly showed up at the warehouse in his pickup truck, and all four men loaded more marijuana and two safes into the rental truck.
Several days later, an attorney representing the marijuana distribution warehouse contacted the Sheriff’s Department about the robbery.
At the time of the robbery, Antrim was a patrol deputy assigned to the Temple City station, but he was not on duty, was not assigned to the department’s narcotics unit, was not a detective and would not have had a legitimate reason to search a marijuana distribution warehouse in the City of Los Angeles, according to the complaint.
As set forth in the complaint naming McBride, which was filed this morning, the rental truck went to McBride’s house after the robbery. During searches conducted Thursday in conjunction with the arrests, federal investigators recovered a total of approximately $300,000 to $400,000 from Antrim’s and McBride’s residences. Federal agents also seized about two pounds of marijuana packaged for commercial sale from McBride’s residence, as well as firearms from both men.
A review of Sheriff’s Department records and interviews with LASD personnel indicated no evidence of any legitimate search warrant of the warehouse being executed on October 29.
A complaint contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Antrim, McBride and Rodriguez are charged with conspiracy to distribute controlled substances. If convicted of this offense, each would face a statutory maximum sentence of 40 years in federal prison.
This case is being investigated by the Drug Enforcement Administration; the Federal Bureau of Investigation; and the Bureau of Alcohol, Tobacco, Firearms and Explosives. LASD’s Internal Criminal Investigations Bureau provided substantial assistance to the federal investigation.
This matter is being prosecuted by Assistant United States Attorney Lindsey Greer Dotson of the Public Corruption and Civil Rights Section, and Assistant United States Attorney Joseph Axelrad of the Violent and Organized Crime Section.
Kewa Pueblo Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Waylon Evan Pacheco, 29, an enrolled member and resident of Kewa Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to assaulting his intimate partner by strangling or suffocating.
Pacheco was arrested in Dec. 2017, on an indictment charging him with assault of an intimate partner by strangling and assault with a dangerous weapon, a brick, with intent to do bodily harm. According to the indictment, Pacheco committed the crime on July 4, 2016, on the Kewa Pueblo Indian Reservation in Sandoval County, N.M.
During today’s proceedings, Pacheco pled guilty to assault of an intimate partner by strangling or suffocating. In entering the guilty plea, Pacheco admitted that on July 4, 2016, he assaulted his former girlfriend by hitting her face and body, hitting her with a brick and strangling her by putting his knee on the victim’s neck while she was on the ground. Pacheco further admitted that the victim briefly lost consciousness as a result of the assault.
At sentencing, Pacheco faces a statutory maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by Southern Pueblos Agency of the BIA, Office of Justice Services. Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's ongoing efforts to increase engagement, coordination and action on public safety in tribal communities.
Keshena Man Sentenced to 36 Months in Prison for Sexual Abuse of a Child on Menominee Indian ReservationRead the Press Release
Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin, announced that Mario Escalante, Sr. (age: 42), of Keshena, was sentenced on November 2, 2018 to 36 months in prison and 5 years of supervised release after convictions for two counts of Attempted Abusive Sexual Contact on the Menominee Indian Reservation. The sentence was the result of a April 11, 2018, guilty plea before Chief United States District Judge William C. Griesbach.
The investigation revealed that Escalante attempted to engage in sexual contact with a female who was under the age of 16. After the female disclosed past incidents of abuse, tribal and federal law enforcement contacted Escalante in an undercover capacity, at which time he agreed to meet the female for purposes of providing her with $60 in exchange for sex acts.
In sentencing Escalante, Chief Judge Griesbach noted the serious nature of the offense, which he described as a series of “reprehensible acts.” Chief Judge Griesbach also observed the impact the offense had on the victim, and the victims’ family. The court noted Escalante’s betrayal of the victim’s trust, and the neglect of the responsibilities Escalante had as a person who was entrusted with supervision of the victim.
The case was investigated by the Menominee Tribal Police Department and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Andrew J. Maier.
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Joint U.S.-EU statement following the U.S.-EU Justice and Home Affairs Ministerial MeetingRead the Press Release
On Nov. 9, the U.S.-EU Ministerial Meeting on Justice and Home Affairs took place in Washington. D.C. The United States hosted the meeting and was represented by the U.S. Acting Attorney General Matthew G. Whitaker and Secretary for Homeland Security Kirstjen Nielsen.
The European Union was represented by the Commissioner for Migration, Home Affairs and Citizenship Dimitris Avramopoulos, as well as by the Austrian Federal Minister for the Interior Herbert Kickl, the Austrian Federal Minister for Constitutional Affairs, Reforms, Deregulation and Justice Josef Moser, the Romanian Minister of the Interior Carmen Daniela Dan and the Romanian Secretary of State for Justice Sebastian Costea on behalf of the current and incoming Presidencies of the Council of the European Union.
The United States and the European Union reaffirmed their commitment to jointly address common challenges in the areas of justice and home affairs and praised the excellent level of exchanges and operational cooperation, for the benefit of the security of citizens on both sides of the Atlantic.
The United States and the European Union underlined the importance of effective information sharing for their shared efforts to combat terrorism, focusing on battlefield information, Passenger Name Records (PNR) and aviation security. Participants emphasized the importance of PNR information sharing as a tool for the prevention of terrorist travel and agreed to prepare for a joint evaluation in 2019, in compliance with the provisions of the US-EU PNR Agreement. The United States and the European Union recognized the need to enhance their efforts to address the challenge of terrorists’ use of the internet to direct and inspire attacks, while respecting individual rights, including freedom of speech. Both sides shared information on their respective initiatives, including efforts to better engage and partner with service providers.
The United States and the European Union recognized that electoral systems in democratic states face unprecedented challenges that require innovative and comprehensive solutions, as well as cooperation and best practice exchanges between like-minded countries. On that topic, participants briefed each other on current actions to build more resilient electoral systems. In order to promote exchanges between relevant experts from both sides on current challenges to elections, including such challenges as disinformation campaigns and other forms of online and offline interference, the United States and the European Union agreed to set up a regular dialogue on these matters, the details of which should be developed at the next senior officials meeting in 2019.
The United States and the European Union reiterated the priority they attach to fighting cybercrime and enhancing cybersecurity. They recognized the need to maintain a global, open, stable and secure cyberspace for the promotion of economic and social development and, in this context, stressed the valuable contribution of joint work conducted by U.S. and EU law enforcement agencies to combat, deter and prevent cybercrime and called for the expansion of such cooperation, as appropriate. Participants also acknowledged the challenge in obtaining timely and lawful access to encrypted data, in accordance with individual rights and civil liberties, by those investigating and solving criminal offenses and exchanged views on their respective practices to counter such challenges. Participants took note of the dialogue that took place in Brussels between the cybersecurity experts at DHS and the EU and agreed to continue to collaborate to strengthen the cybersecurity posture on both sides of the Atlantic.
The United States and the European Union agreed on the importance for both law enforcement and judicial authorities of swift cross-border direct access to electronic evidence, as demonstrated by recent legislation approved or under examination in the United States and the EU. Participants further recognized the benefit of exploring, and agreed to discuss, the possibility of an U.S.-EU agreement to facilitate access to electronic evidence.
The United States and the European Union exchanged information on developments in the area of migration and border management, with a particular focus on efforts to prevent and combat migrant smuggling and trafficking of human beings. The United States and the European Union agreed on the importance of advancing towards reciprocal visa free travel under their respective legal frameworks and, following the most recent tripartite meeting on visa reciprocity, welcomed the progress of the five concerned Member States towards meeting the statutory requirements of the Visa Waiver Program, in order to be considered for designation in the program.
The United States and the European Union underscored their shared concerns about the major international drug-control threats posed by illicit synthetic opioids, including fentanyl and its derivatives. Both sides took note of the U.S.-EU Political Dialogue on Drugs held on Oct. 18, 2018.
Reiterating the progress made and the need to face global challenges together, the United States and the European Union remain committed to reinforce their partnership and meet again in the first half of 2019 in Bucharest, Romania.
Joint Federal-State-Local Drug Enforcement Operation Targets Syracuse DealersRead the Press Release
SYRACUSE, NEW YORK – Seven Syracuse residents face drug charges and other offenses following a joint federal, state, and local law enforcement operation aimed at area drug dealers, announced United States Attorney Grant C. Jaquith, Syracuse Police Chief Frank Fowler, Ashan M. Benedict, Special Agent in Charge of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)-New York Field Division, New York State Police Superintendent George P. Beach, II, and United States Marshal David McNulty.
Deandre Peterson, 23, and Damion Anderson, 47, both of Syracuse, are charged in United States District Court for the Northern District of New York (Syracuse) with conspiracy to possess with intent to distribute a controlled substance and distribution of a controlled substance (cocaine base/“crack”). If convicted, they face a maximum term of imprisonment of 20 years in prison, a fine of up to $1 million dollars, and a term of supervised release following incarceration of at least 3 years.
Tyree J. Baker, 33, of Syracuse, is charged in United States District Court for the Northern District of New York (Syracuse) with distribution of a controlled substance (fentanyl). If convicted, he faces a maximum term of imprisonment of 20 years in prison, a fine of up to $1 million dollars, and a term of supervised release following incarceration of at least 3 years.
Tyreece Reeves, 19, of Syracuse, is charged in Syracuse City Court with Criminal Possession of a Controlled Substance (heroin) in the Third Degree, Criminal Possession of a Controlled Substance in the Seventh Degree (cocaine) (two counts), Loitering in the First Degree, and Unlawful Possession of Marijuana, in violation of the New York State Penal Law.
In Federal Court a defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Kireese Russell, 20, of Syracuse, is charged in Syracuse City Court with Unlawful Possession of Marijuana in violation of the New York State Penal Law.
Ronnie L. Daniels, 22, of Syracuse, is charged in Syracuse City Court with Unlawful Possession of Marijuana under the New York State Penal Law. He was also arrested on outstanding warrants for Harassment, Criminal Contempt in the First Degree, Reckless Endangerment, and Intimidating a Witness, in violation of the New York State Penal Law.
James Dunn, 25, of Syracuse, was arrested on outstanding warrants for Obstructing Governmental Administration in the Second Degree, and Unlawfully Fleeing, in violation of the New York State Penal Law, and Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree, in violation of the New York State Vehicle and Traffic Law.
The charges in the complaints are merely accusations. The defendants are presumed innocent unless and until proven guilty.
United States Attorney Grant C. Jaquith said, “These arrests should inform those dealing drugs that law enforcement agencies from every level of government have joined forces to address narcotics distribution and the violence it spawns in Syracuse. We will continue to work together to make our neighborhoods and communities safer.”
Syracuse Police Chief Frank Fowler said, “In response to the recent incidents of violence and the rise in fentanyl and synthetic cannabinoid overdoses within the City of Syracuse the United States Attorney’s Office and the Onondaga County District Attorney’s Office in partnership with the City of Syracuse Police Department’s Special Investigations Division conducted a successful city-wide narcotics enforcement operation that resulted in multiple arrests that will have a significant impact on the streets of Syracuse. We could not have completed this operation without the assistance of the Gang Violence Task Force, the Crime Reduction Team, the Criminal Investigation Division, the New York State Police-CNET Central, the Onondaga County Sheriff’s Office Special Investigations Unit, the New York State Division of Parole, the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI) and the United States Marshall Service. We value these partnerships and the excellent relationships we have forged within the Central New York Narcotics Enforcement Community. Operations of this magnitude are inherently dangerous and complex and could not be completed without the tremendous efforts of our individual law enforcement officers working together in an effective, coordinated fashion made possible through years of mutual support. The City of Syracuse Police Department will continue to execute similar investigations moving forward and in response to any emergent threats to the community.”
Special Agent in Charge of ATF’s New York Field Division Ashan M. Benedict, said, “ATF stands committed to working with all of its state, local and federal partners to curb the spread of illegal narcotics and the death and violence it brings to our communities. I would like to thank all of our law enforcement partners for their collaboration and communication that made this case possible. I would also like to thank the United States Attorney’s Office and the Onondaga County District Attorney’s Office for their work in prosecuting these cases.”
New York State Police Superintendent George P. Beach, II said, “We have zero tolerance for those who bring illegal and dangerous drugs into our neighborhoods with absolutely no regard for the negative impacts that result. I applaud our partners for the hard work that went into this operation, and we will continue our collaborative efforts to stem the flow of illegal drugs into our communities.”
United States Marshal David McNulty said, “The U.S. Marshals Service enjoys a great relationship with our law enforcement partners and whenever they require our assistance to track down criminal suspects, we will be there to help bring them to justice.”
These cases are being investigated by United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Syracuse Police Department-Special Investigations Division (SID), the New York State Police-Community Narcotics Enforcement Team (CNET), the United States Marshals Service, The Federal Bureau of Investigation (FBI), the United States Drug Enforcement Administration (DEA) and the Onondaga County Sheriff’s Department. These cases are being prosecuted by Assistant U.S. Attorney Michael Perry and the Onondaga County District Attorney’s Office.
Irvington Man Sentenced to Five Years Probation in Gun CaseRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces the guilty plea and sentence of defendant Gregory Carl Kent for unlawfully possessing a firearm in violation of 18 United States Code 922(g)(1). Kent pled guilty to being a prohibited person in possession of a firearm in the United States District Court on June 18, 2018, before Senior Judge Callie V.S. Granade. On October 31, 2018, Senior Judge Granade sentenced the defendant to five (5) years probation and ordered him to undergo a mental health evaluation.
As part of his guilty plea, Kent admitted that he made threatening statements while his brother was visiting Kent and their mother at their residence in Irvington, Alabama. When his brother asked if Kent intended to harm him, Kent answered in the affirmative. Kent’s brother then left the residence and returned to his home in Grand Bay, Alabama. Later that same day, Kent drove to his brother’s home to further taunt him by creating a disturbance in the front yard. At that time, Kent’s brother observed Kent holding a rifle. The police were subsequently called to the residence.
Deputies from the Mobile County Sheriff’s Office arrived in time to catch Kent attempting to flee the scene. Deputies were able to recover a loaded .22 caliber pistol on the front driver’s seat of Kent’s vehicle. When deputies discovered Kent was a convicted felon, they contacted the Mobile Field Division of the Federal Bureau of Investigation.
Kent had previously been convicted of Possessing Controlled Substances in September 2011 in Mobile County Circuit Court and could not lawfully be in possession of any firearms since that date.
The Mobile County Sherriff’s Office and the Federal Bureau of Investigation, Mobile Field Division investigated this case. Assistant United States Attorney Christopher Baugh prosecuted the case for the Southern District of Alabama.
Indianapolis man sentenced for downtown shooting incidentRead the Press Release
PRESS RELEASE
Indianapolis-United States Attorney Josh J. Minkler announced today that an Indianapolis man was sentenced in federal court to 126 months (over 10 years) for his role in a 2015 shooting near the federal courthouse. Marcus Fennell, 26, was sentenced before U.S. District Judge Tanya Walton Pratt after pleading guilty to possession with intent to distribute marijuana and discharging a firearm during and in relation to a drug trafficking offense.
“Those who violate the safety and sanctity of our city and citizens by using gun violence, will be held strictly accountable,” said Minkler. “Helping to maintain safety and reducing violent crime remains the top priority of my office.”
During the morning rush hour on October 8, 2015, Fennell was dealing marijuana near the federal courthouse in the first block of East Ohio Street. He fired two shots from a 9mm handgun and ran north to Indiana War Memorial Park where IMPD officers apprehended him. Once apprehended, officers found a handgun in Fennell’s pants pocket along with 110 bindles of marijuana. During the arrest, Fennell told officers he “wasn’t trying to kill anybody…guys were messing with me.” The entire incident was captured on video from court security cameras.
According to Assistant United States Attorney Jeffrey Preston, who prosecuted this case for the government, Fennell must also serve five years of supervised release following his sentence.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the Office’s firm commitment to prosecuting those who commit violent crimes involving firearms. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 2.3.
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Illegal aliens from Mexico plead guilty to re-entering the United States after being removed twiceRead the Press Release
United States Attorney David C. Joseph announced that two illegal aliens from Mexico pleaded guilty this week to re-entering the United States after having been previously removed twice.
SHREVEPORT, La. – On August 24, 2018, Alfredo Holguin-Mendez, 34, of Mexico, was arrested in Shreveport for solicitation of prostitution. After law enforcement determined he was in the United States illegally, Homeland Security Investigations agents took custody of Holguin-Mendez and learned that he had previously been deported twice. In 2005, Holguin-Mendez pleaded guilty to driving while intoxicated with a child passenger in Midland, Texas, and was removed to Mexico in 2006 after serving his sentence. In 2008, Holguin-Mendez was arrested after a traffic stop for illegal re-entry into the United States and was subsequently removed. In 2011, Shreveport police arrested Holguin-Mendez for possession of cocaine to which he pleaded guilty. Holguin-Mendez was sentenced to time served and released before Immigrations and Customs Enforcement (ICE) could take custody of him. He remained a fugitive until his August 2018 arrest.
Holguin-Mendez faces 10 years to life in prison, one year of supervised release and a $250,000 fine. The court set the sentencing date for February 26, 2019.
Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Mike O’Mara is prosecuting the case.
LAKE CHARLES, La. – After being arrested in Calcasieu Parish, Salvador Julian Vasquez-Esquivel, 35, of Mexico, pleaded guilty before U.S. Magistrate Judge Kathleen Kay to one count of illegal re-entry of a previously deported alien. According to the complaint and the guilty plea, a Calcasieu Parish Sheriff’s Deputy stopped a vehicle Vasquez-Esquivel was in on August, 16, 2018. Pursuant to a request by the deputy, a U.S. Border Patrol agent conducted a records check on the defendant and discovered that he had been removed from the United Stated twice before with the most recent occurring on December 18, 2015.
Vasquez-Esquivel faces up to two years in prison, one year of supervised release and a $250,000 fine. The court set sentencing for March 26, 2019.
United States Border Patrol and the Calcasieu Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney T. Forrest Phillips is prosecuting the case.