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20 December 2018
Arnold Man Sentenced to 120 Years for Child PornographyRead the Press Release
St. Louis - Dennis M. Suellentrop, Jr., 38, Arnold, MO, was sentenced today to 120 years in prison for production and possession of child pornography. He appeared today in federal court before U.S. District Court Judge Catherine D. Perry.
According to court documents, between August 19, 2016 and January 1, 2017, Suellentrop produced child pornography videos of an infant and possessed other images of child pornography.
Suellentrop pled guilty in September to seven counts of production of child pornography and one count of possession of child pornography.
The case was investigated by the Jefferson County Sheriff’s Office, the Federal Bureau of Investigation, and the Missouri Internet Crimes Against Children Task Force. AUSA Rob Livergood handled the case for the United States Attorney’s Office.
Alleged Robber of Jewelry and Gemstones Arrested and Extradited from Colombia to the United StatesRead the Press Release
A Colombian national was arrested in Colombia and extradited to Pittsburgh, Pennsylvania last night on charges related to his alleged role in the robbery of an employee of a New York business that sold jewelry and gemstones.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Scott W. Brady for the Western District of Pennsylvania, Special Agent in Charge Robert Allan Jones of the FBI’s Pittsburgh Field Division and Chief T. Robert Amann for the Northern Regional Police Department in Wexford, Pennsylvania made the announcement.
Oscar Javier Rodriguez Roa, 35, of Bogota, Columbia, was charged by indictment unsealed today in the Western District of Pennsylvania with one count of conspiracy to commit Hobbs Act Robbery and one count of Hobbs Act Robbery. Roa is scheduled to make his initial court appearance in U.S. District Court in Pittsburgh today at 1:45 p.m. EST before U.S. Magistrate Judge Maureen P. Kelly.
The indictment alleges that on May 8, 2013, in the Western District of Pennsylvania, Roa and others conspired to rob and robbed an employee of a New York business that sold jewelry and gemstones. Roa and others allegedly took jewelry and gemstones from the employee against his will by actual and threatened force, violence, and fear of injury.
The investigation of this case was led by the FBI’s Pittsburgh Field Division, with the assistance of the Northern Regional Police Department. The Justice Department’s Office of International Affairs provided significant support with the defendant’s extradition.
Assistant U.S. Attorney Charles A. Eberle of the U.S. Attorney’s Office for the Western District of Pennsylvania and Trial Attorney Leshia Lee-Dixon of the Criminal Division’s Organized Crime and Gang Section in the Justice Department are prosecuting the case.
The charges in the indictment are merely allegations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Alleged Robber of Jewelry and Gemstones Arrested and Extradited from Colombia to United StatesRead the Press Release
PITTSBURGH - U.S. Attorney Scott W. Brady announced today that a Colombian national made his initial appearance in federal court in Pittsburgh today on charges related to his alleged role in the robbery of a traveling jewelry salesmen outside a jewelry store in Wexford, Pennsylvania.
The indictment against Oscar Javier Rodriguez Roa, 35, of Bogota, Colombia, was unsealed today, following a lengthy extradition process. Roa is charged with one count of conspiracy to commit Hobbs Act Robbery and one count of Hobbs Act Robbery.
The indictment alleges that on May 8, 2013, in the Western District of Pennsylvania, Roa and others robbed a salesman that sold jewelry and gemstones to jewelry stores across the country. Roa and others allegedly took jewelry and gemstones from the employee against his will by force.
According to information presented to the court, Roa is alleged to be part of an organized South American theft group that targeted a salesman delivering jewelry and gemstones to a Wexford jewelry store. He and other members of the ring smashed the window of the victim’s car, which was parked in the jewelry store parking lot, forcefully grabbed a shoulder bag from the victim containing $500,000 worth of jewelry, and fled the scene. Shortly thereafter, Roa fled the country.
"The extradition of Roa to the U.S. to face these charges demonstrates our enduring commitment to prosecute and bring to justice violent criminals, regardless of where they hide," said U.S. Attorney Brady. "I want to commend the work of the Northern Regional Police Department and the FBI in investigating this case."
"This case goes to show that no matter how long it takes, the FBI will work to get justice for the victims," said Robert Jones, Special Agent in Charge of the FBI’s Pittsburgh Field Office. "The FBI has well-connected resources and intelligence around the world. The cooperation with our local, national and international partners should send a message to those committing crimes that we will find you."
"As police chief, I appreciate the assistance and the cooperation between our local police department and all of the federal agencies who worked to identify this defendant and return him to the United States," added Northern Regional Police Chief T. Robert Amann.
This was a joint investigation between the FBI’s Pittsburgh Field Division and the Northern Regional Police Department. The Justice Department’s Office of International Affairs provided significant support with the defendant’s extradition.
Assistant U.S. Attorney Charles A. Eberle of the U.S. Attorney’s Office for the Western District of Pennsylvania and Trial Attorney Leshia Lee-Dixon of the Criminal Division’s Organized Crime and Gang Section in the Justice Department are prosecuting the case.
The law provides for a maximum total sentence of not more than 20 years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
The charges in the indictment are merely allegations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Akron man indicted for trafficking methamphetamineRead the Press Release
An Akron man was indicted in federal court on methamphetamine trafficking charges.
Antonio Dorman, 29, was indicted on one count of possession with intent to distribute a controlled substance.
Dorman on May 22 did knowingly and intentionally possess with the intent to distribute more than 500 grams of a mixture and substance containing methamphetamine, according to the indictment.
This case is being prosecuted by Assistant U.S. Attorney Peter Daly, following an investigation by the Federal Bureau of Investigation.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Acting Attorney General Matthew G. Whitaker Statement Regarding the Administration's Agreement with MexicoRead the Press Release
Acting Attorney General Matthew G. Whitaker today released the following statement:
"Because of loopholes in our laws, tens of thousands of illegal aliens have been able to enter this country, make meritless asylum claims, and then be released and disappear into the United States. But the Trump administration has been taking steps to close these loopholes and eliminate the incentives to come here illegally. Today the Trump Administration has taken an historic step that will reverse the trends and help restore the rule of law at the border. The Department of Justice will do its part and ensure that we make available the necessary and appropriate resources in light of this historic agreement. Thanks to this and other Trump Administration decisions, the days of our generosity being abused are coming to an end."
Abington Man Sentenced for Fentanyl DistributionRead the Press Release
BOSTON – An Abington man was sentenced yesterday in federal court in Boston for fentanyl distribution.
Edrick Firmin, 21, was sentenced by U.S. District Court Judge William G. Young to 15 months in prison and three years of supervised release. In October 2018, Firmin pleaded guilty to distributing fentanyl. In August 2018, Firmin was arrested and charged with 28 others as part of Operation Landshark.
On June 15, 2018 and June 19, 2018, Firmin distributed less than four grams, in total, of fentanyl to a cooperating witness in Brockton. The government also alleged that Firmin was an associate of the Cubs gang in Brockton.
Operation Landshark was a federal investigation that targeted impact players and repeat offenders in Brockton and Boston, who have prior convictions for acts of violence. It is alleged that many of the defendants charged in Operation Landshark were in the top 30 criminal offenders responsible for violent acts and firearms in Brockton.
Of the 29 defendants arrested, 23 were charged federally and six were charged with state drug and firearm offenses.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Plymouth County District Attorney Timothy J. Cruz; Suffolk County District Attorney John D. Pappas; Boston Police Commissioner William Gross; and Brockton Police Chief John Crowley made the announcement today. The investigation was conducted by the FBI’s North Shore Gang Task Force and Southeastern Massachusetts Gang Task Force. Valuable assistance was provided by the Suffolk County Sheriff’s Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Plymouth and Essex County Sheriff’s Offices; Massachusetts Department of Corrections; U.S. Parole Commission; U.S. Postal Inspection Service; and the U.S. Secret Service. The state cases are being prosecuted by the Plymouth County District Attorney’s Office and Suffolk County District Attorney’s Office.
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.
9 illegal aliens arrested in the Western District of Louisiana plead guilty, sentenced for re-entering U.S.Read the Press Release
LAKE CHARLES, SHREVEPORT, ALEXANDRIA, MONROE, La. – United States Attorney David C. Joseph announced that nine illegal aliens arrested in the Western District of Louisiana pleaded guilty and were sentenced this week for re-entering the country.
3 illegal aliens from Mexico arrested in Southwest Louisiana plead guilty
LAKE CHARLES, La. – Pedro Olvera-Gonzalez, 40; Juan Perez-Hernandez, 19; and Jose Miguel Boites-Huerta, 34, all of Mexico, pleaded guilty Monday before U.S. District Judge Donald E. Walter to one count of illegal re-entry of a removed alien in three separate cases. According to the guilty pleas, the defendants were arrested in southwest Louisiana and found to have re-entered the United States after being removed.
Olvera-Gonzalez was encountered by Border Patrol agents on September 6, 2018 at the Cameron Parish Jail and was found to have been deported four previous times in 2001, 2003, 2006 and 2010. His criminal history includes a vehicle burglary conviction on May 11, 1999, a vehicle burglary conviction on July 17, 2002 in Nueces County, Texas, an evading arrest conviction on November 17, 2009 in Hidalgo County, Texas, and a 2018 conviction in Cameron Parish for speeding, reckless operation, flight from an officer, lack of vehicle insurance, operation of a vehicle without lawful presence in the United States, no vehicle license and no motor vehicle headlamps.
Perez-Hernandez was detained by Calcasieu Parish Sheriff’s deputies after a traffic stop on September 6, 2018 on Interstate-10 in Lake Charles. He was turned over to Border Patrol agents who discovered that he was a citizen from Mexico and had been previously removed on August 9, 2018.
Boites-Huerta was arrested by Calcasieu Parish Sheriff’s deputies after a traffic violation August 14, 2018 near Lake Charles. He was later turned over to Border Patrol agents who discovered he was a citizen of Mexico and was not allowed to be in the United States. He had been previously removed on December 13, 2010.
The defendants were sentenced at the guilty plea hearings to time served and are to be deported.
Homeland Security Investigations, U.S. Border Patrol and the Calcasieu Parish Sheriff’s Office investigated the case. Assistant U.S. Attorney David J. Ayo prosecuted the cases.
2 illegal aliens from Mexico, Honduras plead guilty to illegally re-entering U.S.
LAKE CHARLES, La. – Sergio Alejandro Rodriguez-Leija, 27, of Mexico, and Irrael Alverto, 40, of Honduras, pleaded guilty Monday before U.S. District Judge Donald E. Walter to one count of illegal re-entry of a removed alien in separate cases. According to the guilty pleas, the defendants were arrested in southwest Louisiana and found to have re-entered the United States after being removed.
Rodriguez-Leija was arrested on August 27, 2018 by Border Patrol agents near Lake Charles. He had been previously removed from the United States on November 14, 2016 near Carrizo Springs, Texas, and was not allowed to re-enter the country.
Alverto was arrested on July 9, 2018 by Sulphur Police near Sulphur, Louisiana. He later admitted to Border Patrol agents that he was in the country illegally and had been previously removed on January 4, 2018.
The defendants were sentenced at the guilty plea hearings to time served and are to be deported.
Homeland Security Investigations, U.S. Border Patrol and the Sulphur Police Department investigated the cases. Assistant U.S. Attorney Robert C. Abendroth prosecuted the cases.
Illegal alien from Mexico found in Calcasieu Parish pleads guilty to re-entering U.S.
LAKE CHARLES, La. – Juan Antonio Esparza-Martinez, 42, of Mexico, pleaded guilty on Monday and was sentenced by U.S. District Judge Donald E. Walter on one count of illegal re-entry of a removed alien. According to the guilty plea, the Calcasieu Parish Sheriff’s Office contacted U.S. Border Patrol concerning four individuals who had parked a car blocking traffic. Three of the individuals were in the United States legally, but Esparza-Martinez only provided a Mexican identification card. Border Patrol agents determined that the defendant had been granted an expedited removal from the country on June 28, 2018. He also had two previous voluntary removals. Esparza-Martinez admitted that he is a citizen of Mexico who was removed in June of 2018 and re-entered the United States illegally in July of 2018 near Laredo, Texas.
The defendant was sentenced at the guilty plea hearing to time served and is to be deported.
Homeland Security Investigations and Calcasieu Parish Sheriff’s Office investigated the case. Assistant U.S. Attorneys Kelly P. Uebinger and Robert C. Abendroth prosecuted the case.
Illegal alien from Guatemala arrested in Webster parish pleads guilty to re-entry
SHREVEPORT, La. – Rodrigo Apolonio Perez-Mejia, 26, of Guatemala, pleaded guilty before U.S. District Judge Donald E. Walter on one count of illegal re-entry of a removed alien. According to the guilty plea, Sarepta Police dentained Perez-Mejia on August 19, 2018. Upon further investigation, law enforcement agents learned that he was an alien who had been removed from the United States after U.S. Border Patrol arrested him on August 2, 2017 near Sasabe, Arizona.
The defendant was sentenced at the guilty plea hearing to time served and is to be deported.
Homeland Security Investigations and the Serepta Police Department investigated the case. Assistant U.S. Attorney Tennille M. Gilreath prosecuted the case.
Illegal alien from El Salvador found in Rapides parish pleads guilty
ALEXANDRIA, La. – Jose Alfredo Bonilla-Cruz, 48, of Guatemala, pleaded guilty Wednesday before U.S. District Judge Dee D. Drell on one count of illegal re-entry of a removed alien. According to the guilty plea, a U.S. Immigrations and Customs Enforcement agent made contact with Bonilla-Cruz on October 1, 2018 at the Rapides Parish Detention Center in Alexandria. He was interviewed and admitted to not being a citizen. It was also discovered that he had been removed from the United States three times in 1998, 2000 and 2004.
The defendant was sentenced at the guilty plea hearing to time served and is to be deported.
Homeland Security Investigations and the Rapides Parish Sheriff’s Office investigated the case. Assistant U.S. Attorney J. Aaron Crawford prosecuted the case.
Illegal alien from Mexico arrested in West Monroe sentenced to six months
MONROE, La. – Jose Juan Salinas-Saldana, 42, of Mexico, pleaded guilty and was sentenced to six months in prison today before U.S. District Judge Terry Doughty on one count of illegal re-entry of a removed alien. According to the guilty plea, West Monroe police detained Salinas-Saldana on November 10, 2018. Law enforcement agents learned that he was an illegal alien who had been removed from the United States in 2002.
Homeland Security Investigations and West Monroe Police Department investigated the case. Assistant U.S. Attorney Jessica D. Cassidy prosecuted the case.
"Operation 922" Results in Four Federal Indictments Related to Domestic ViolenceRead the Press Release
OKLAHOMA CITY — In the first two weeks of December, federal grand juries returned four separate and unrelated indictments in cases involving domestic violence, announced Robert J. Troester of the U.S. Attorney’s Office. These prosecutions involving domestic violence are part of Project Safe Neighborhoods (PSN), the Department of Justice’s national violent crime reduction initiative aimed at making our communities safer and more secure. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders works together to identify the most pressing violent crime problems in the community and develop comprehensive solutions. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally-based prevention and re-entry programs for lasting reductions in crime.
"Operation 922" is the local implementation of the national PSN initiative in the Western District of Oklahoma. As part of "Operation 922," federal prosecutors focus on enforcing federal laws to keep firearms out of the hands of those Congress has precluded from possessing firearms. "Operation 922" specifically focuses on domestic violence abusers who are subject to a victim protection order or restraining order (VPO), or who have been previously convicted in any court of a misdemeanor crime of domestic violence. Section 922 of Title 18 of the United States Code prohibits those specific offenders from possessing firearms or ammunition. In addition, the U.S. Attorney’s Office prosecutes cases in Indian Country, including domestic abuse acts involving strangulation, as well as cases in which a firearm or other weapon is used.
"We cannot have safe neighborhoods without first having safe homes," said Mr. Troester. "We are bringing the power of federal prosecution to help protect women and children who are the subject of repeated abuse and violence, particularly when that violence escalates to a place where firearms or weapons are involved. We are proud to partner with and assist state, local, and tribal law enforcement and prosecutors, who are already working tirelessly to combat the epidemic of domestic violence in Oklahoma."
Since "Operation 922" began in March of this year, the U.S. Attorney’s Office has brought charges in 35 cases involving domestic violence. In the first two weeks of December, federal grand juries returned the following four indictments in separate and unrelated cases involving domestic violence:
- AUSTIN ISRAEL SANDERS, 23, of Weatherford, Oklahoma, was indicted on December 4, 2018, for illegally possessing a 9mm, semi-automatic pistol on July 20, 2018, while being subject to a victim protection order issued out of Custer County, Oklahoma, that restrained him from harassing, stalking, or threatening an intimate partner. If convicted, Sanders faces up to ten years in federal prison, up to a $250,000 fine, and three years of supervised release upon release from prison.
- RONALD BENTON, 46, of Temple, Oklahoma, was charged on December 12, 2018, with the illegal possession of a 9mm caliber pistol on June 15, 2018, in Cotton County, Oklahoma, after having been previously convicted of battery on a household member in 2007 in New Mexico. If convicted, Benton faces up to ten years in federal prison, up to a $250,000 fine, and three years of supervised release upon release from prison.
- SHANE MICHAEL GLISSON, 38, of Tuttle, Oklahoma, was indicted on December 12, 2018, for illegally possessing multiple shotguns, a rifle, and ammunition on October 26, 2018, in Cleveland County, Oklahoma, while he was subject to a Cleveland County victim protection order that restrained him from harassing, stalking, or threatening an intimate partner. If convicted, Sanders faces up to ten years in federal prison, up to a $250,000 fine, and three years of supervised release upon release from prison.
- JAMES DEAN LAMAR LAFOUNTAIN, 24, of Seiling, Oklahoma, was indicted on December 12, 2018, on two counts: assaulting his spouse with a dangerous weapon (a knife), and assaulting his spouse by attempting to strangle and suffocate her on November 25, 2018, in Indian Country. If convicted, Lafountain faces on each count up to ten years in federal prison, up to a $250,000 fine, and three years of supervised release upon release from prison.
Please note that an indictment is only a charge and is not evidence of guilt. Each defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
These cases are the result of investigations conducted by the Weatherford Police Department, the Moore Police Department, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Bureau of Indian Affairs – Office of Justice Services, and the Dewey County Sheriff’s Office. Assistant U.S. Attorney Wilson McGarry is prosecuting the cases against Sanders and Benton. Assistant U.S. Attorney Jacquelyn Hutzell is prosecuting the case against Glisson. Assistant U.S. Attorney Jessica Cárdenas is prosecuting the case against Lafountain.
19 December 2018
“Thief-In-Law” Razhden Shulaya Sentenced in Manhattan Federal Court to 45 Years in PrisonRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that RAZHDEN SHULAYA, a vor v zakone or “thief-in-law,” was sentenced today to 45 years in prison by United States District Judge Loretta A. Preska. The sentence followed the June 2018 trial conviction of SHULAYA and Avtandil Khurtsidze, a boxing world champion and Shulaya’s violent enforcer, on racketeering and related charges in connection with a sprawling and violent criminal enterprise operating in New York, New Jersey, Pennsylvania, Nevada, and abroad. Khurtsidze was sentenced on September 7, 2018, to 10 years in prison by U.S. District Judge Katherine B. Forrest.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Razhden Shulaya led a vast and violent criminal enterprise engaged in an array of criminal schemes that included extortion, theft, trafficking in stolen goods, and fraud. Shulaya, a ‘thief-in-law,’ is a convicted thief under U.S. law, and has deservedly been sentenced to a lengthy prison term.”
As established by the evidence at trial:
The Shulaya Enterprise was an organized criminal group operating under the direction and protection of RAZHDEN SHULAYA a/k/a “Brother,” a/k/a “Roma,” a “vor v zakone” or “vor,” which are Russian phrases translated roughly as “Thief-in-Law” or “Thief,” and which refer to an order of elite criminals from the former Soviet Union who receive tribute from other criminals, offer protection, and use their recognized status as vor to adjudicate disputes among lower-level criminals. As a vor, SHULAYA had substantial influence in the criminal underworld and offered assistance to and protection of the members and associates of the Shulaya Enterprise. Those members and associates, and SHULAYA himself, engaged in widespread criminal activities, including acts of violence, extortion, the operation of illegal gambling businesses, fraud on various casinos, identity theft, credit card frauds, trafficking in large quantities of stolen goods, money laundering through a fraudulently established vodka import-export company, payment of bribes to local law enforcement officers, and the operation of a Brooklyn-based brothel.
The Shulaya Enterprise operated through groups of individuals, often with overlapping members and/or associates, dedicated to particular criminal tasks. While many of these crews were based in New York City, the Shulaya Enterprise had operations in various locations throughout the United States (including in New Jersey, Pennsylvania, Florida, and Nevada) and abroad. Most members and associates of the Shulaya Enterprise were born in the former Soviet Union and many maintained substantial ties to Georgia, Ukraine, and the Russian Federation, including regular travel to those countries, communication with associates in those countries, and the transfer of criminal proceeds to individuals in those countries.
SHULAYA oversaw and personally committed multiple acts of brutal violence in his role as a vor. Evidence at trial included testimony regarding SHULAYA’s pistol-whipping of his own family member; testimony regarding SHULAYA’s public beating of a supposedly disrespectful underling; and photographs of the badly disfigured face of SHULAYA’s former lieutenant, co-defendant Mamuka Chaganava. SHULAYA, protected by Khurtsidze, acted with impunity in the brutal assault of Chagaanva, a man whom he previously had held in high regard, and SHULAYA took pride in the brutality of that assault: SHULAYA photographed Chaganava’s battered face in order to share his “handiwork” with another vor. In later explaining that he was unafraid of any retribution or reports to law enforcement by Chaganava, SHULAYA explained the perceived power of his position: “For him, I am a god.”
SHULAYA accomplished additional acts of violence and extortion through Khurtsidze, formerly a middleweight boxing champion, who acted as SHULAYA’s chief enforcer. Khurtsidze was captured on video twice assaulting others in service of the Shulaya Enterprise, participated in recorded acts of extortion of gambling debts, and planned additional acts of violence with SHULAYA targeting associates of the Shulaya Enterprise whom Khurtsidze and SHULAYA perceived as having disrespected SHULAYA’s status as a vor.
SHULAYA also orchestrated a scheme to defraud casinos by targeting particular models of electronic slot machines using a complicated algorithm designed to predict the behavior of those machines. SHULAYA obtained the technology used to commit that fraud through violence, including through the 2014 kidnapping of a software engineer in Las Vegas. SHULAYA refined that technology by training lower-level members of the Shulaya Enterprise to execute this casino scam using smartphones and software developed by the Enterprise.
Following a two-week trial before Judge Forrest, SHULAYA was found guilty of one count of racketeering conspiracy, one count of conspiring to traffic in stolen goods such as luxury watches, one count of conspiracy to traffic in contraband tobacco, one count of identification document fraud, and one count of wire fraud conspiracy.
* * *
In addition to the prison term, SHULAYA, 41, of Saint Petersburg, Russia, was sentenced to three years of supervised release, and ordered to pay $2,169,270 in forfeiture and restitution in the amount of $550,000.
Mr. Berman praised the outstanding work of the Federal Bureau of Investigation and its Eurasian Organized Crime Squad, as well as U.S. Customs and Border Protection and the New York City Police Department for their investigative efforts and ongoing support and assistance with the case.
The prosecution of this case is being overseen by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Andrew C. Adams and Andrew Thomas are in charge of the case.
Yuma Resident Sentenced to 25 Years for Producing, Distributing, and Possessing Child PornographyRead the Press Release
PHOENIX – On Dec. 17, 2018, Aaron Louis Turk, 32, of Yuma, Ariz., was sentenced to 300 months in prison by Chief U. S. District Judge G. Murray Snow. Turk had previously pleaded guilty to producing child pornography involving two minors, distributing child pornography, and possessing child pornography.
In his plea agreement, Turk admitted that he produced and possessed illegal child pornography images of two toddler-age girls, along with other child pornography. The toddlers were in Turk’s care when he produced the illegal images of them. Turk was first detected on a file sharing network which led to a federal search warrant being executed at his residence in Yuma, Ariz. Law enforcement seized a computer and a cell phone used by Turk, both of which contained child pornography images.
The Court also ordered Turk pay restitution to all identified victims, and serve a lifetime term of supervised release after his release from prison.
“The defendant’s lengthy sentence in this case is well-deserved,” stated First Assistant U.S. Attorney Elizabeth A. Strange. “The defendant’s reprehensible conduct targeted not only very young children, but children who had been placed in his care. I would like to recognize and thank the Yuma Homeland Security Investigation agents whose hard work brought this predator to justice.”
“HSI Yuma will work tirelessly to investigate and bring to justice sexual predators like Mr. Turk who exploit our most vulnerable population,” said Scott Brown, special agent in charge for HSI Phoenix. “This sick and deviant behavior will not be tolerated by society. Thankfully the victims we rescued are out of harm’s way with the defendant serving a lengthy sentence.”
The investigation in this case was conducted by the Homeland Security Investigations, Yuma Office. The prosecution was handled by the U.S. Attorney’s Office, District of Arizona, Phoenix.
CASE NUMBER: 2:17-cr-00932-GMS-1
RELEASE NUMBER: 2018-172_Turk
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Woman Sentenced to Seven Years in Federal Prison After Stealing from an Elderly Widow and Her Deceased Son, a Former Navy SEALRead the Press Release
A woman who stole the identities of an elderly woman and her deceased son, a former Navy SEAL, in order to withdraw nearly $200,000 from their bank accounts, was sentenced December 18, 2018, to seven years in federal prison.
Robin Ann Bertelli, age 61, from Cedar Rapids, Iowa, received the prison term after a May 17, 2018 guilty plea to one count of bank fraud and one count of aggravated identity theft.
In a plea agreement, and at her plea hearing, Bertelli admitted that, in 2013 she began a romantic relationship a former Navy SEAL, who resided with his elderly and widowed mother in rural Central City, Iowa. Bertelli soon moved into the home the widow and her son shared. The widow was unable to walk to her mailbox to get her mail, and Bertelli stole mail, including mail from the widow’s financial institution, Collins Community Credit Union (“CCCU”).
In December 2015, the former Navy SEAL received an inheritance of approximately $18,000 from a relative and deposited this inheritance into his checking account at CCCU. In February 2016, defendant and the former Navy SEAL travelled together to Puerto Rico for a vacation. On that trip, the former Navy SEAL unexpectedly died. Bertelli reported to others that the former Navy SEAL went swimming, hit his head on a rock, and accidentally drowned.
Family members of the former Navy SEAL ultimately discovered that Bertelli had stolen blank CCCU checks from the former Navy SEAL and his mother. From July 2013 through September 2016, Bertelli fraudulently made over 60 checks payable to herself, inserted a dollar amount, and forged their signatures. Bertelli deposited these forged checks into her own account at NXT Bank, causing transfers of funds from the CCCU accounts of the former Navy SEAL and his mother into Bertelli’s account at NXT Bank. The three transfers from the former Navy SEAL’s CCCU account all occurred after the date of his death. In total, Bertelli stole a total of $192,500 from the CCCU accounts of the former Navy SEAL and his mother. Bertelli used the stolen funds for her own purposes, including to purchase a luxury car and purses.
Bertelli was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Bertelli was sentenced to 84 months’ imprisonment. She was ordered to make $192,500 in restitution to her victims. She must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
At the sentencing, Judge Reade found Bertelli had an “extremely high risk to recidivate” and pointed out that Bertelli had a number of prior state court theft convictions for which she had received no time in jail—including a six-figure embezzlement from a prior employer. Judge Reade characterized Bertelli as an “opportunist” whose acts were “shameful.” Judge Reade found that, if not confined or under court-ordered supervision, Bertelli “will steal again.” Judge Reade also noted Bertelli had two prior drunk driving convictions, limited legal employment, and violated the court’s orders by using alcohol while on pretrial release.
The prosecution of Bertelli is part of the Department of Justice’s Elder Abuse Initiative. In March 2016, the United States Attorney’s Office for the Northern District of Iowa was selected as one of ten districts nationwide to launch regional Elder Justice Task Forces. The Elder Justice Task Forces reflect the department’s larger strategy and commitment to protecting our nation’s seniors, spearheaded by the department’s Elder Justice Initiative. The Elder Justice Initiative coordinates and supports the Department’s law enforcement efforts and policy activities on elder justice issues. It plays an integral role in the department’s investigative and enforcement efforts against nursing homes and other long-term care entities that deliver grossly substandard care to Medicare and Medicaid beneficiaries. The United States Attorney’s Office for the Northern District of Iowa has rededicated its efforts and resources to investigate and hold accountable those who have been involved in activities incompatible with ensuring that the state’s more vulnerable citizens are treated with dignity and respect.
The charges also were brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.
Bertelli is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Timothy L. Vavricek and investigated by the Linn County Sheriff’s Office and the United States Postal Inspection Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-30-LRR.
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Wisconsin Rapids Business Owner Sentenced for Tax EvasionRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Russell Broga, 51, Wisconsin Rapids, Wisconsin, was sentenced today by Chief U.S. District Judge James Peterson to two years of probation and fined $150,000. Judge Peterson ordered Broga to pay the fine immediately. On October 30, 2018, Broga pleaded guilty to tax evasion for tax year 2013.
Broga owned and operated A-1 Services Wisconsin Rapids, LLC (A-1), located in Wisconsin Rapids. A-1 provided customers with a variety of services, including asphalt paving, asphalt maintenance, tree removal and tree transplanting. Broga admitted at his plea hearing in October that he took customer checks and cashed them using his personal bank account, instead of depositing the income in his business bank account. Broga then withheld these skimmed receipts from the bookkeeper and tax return preparer for tax years 2012, 2013, and 2014. The total tax evaded for those these three years totaled $147,682. Broga paid the back taxes of $147,682 at the time of the plea hearing.
At today’s sentencing, Judge Peterson explained that imprisoning Broga did not serve the interest of protecting the safety and property of the community, due to Broga’s health issues. However, the judge told Broga that normally this type of crime deserves a prison sentence, and that morally there is no difference between Broga’s tax evasion conduct and the conduct of a car thief or drug dealer. The judge also told Broga that his arrogance in thinking he could cheat the government of taxes whenever he wanted year after year is appalling and reprehensible. Judge Peterson told Broga that he deserved a punitive sentence, which the court believed could be achieved with a fine of $150,000 payable immediately and two years of probation. The court hoped that such a sentence would send a specific deterrence message to Broga, and a general deterrence message to the community that evading $147,000 in taxes will cost double that amount in back taxes and a fine.
The charges against Broga were the result of an investigation conducted by special agents from the Madison office of IRS Criminal Investigation. The prosecution of the case has been handled by Assistant U.S. Attorney Daniel J. Graber.
Windsor Man Charged with Illegally Possessing Guns and AmmunitionRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Kelly D. Brady, Special Agent in Charge, ATF Boston Field Division, announced that DAVID McKEMMIE, JR., 30, of Windsor, was arrested today and charged by federal criminal complaint with possession of firearms and ammunition by a convicted felon.
Following his arrest, McKemmie appeared before U.S. Magistrate Judge Sarah A. L. Merriam in New Haven and was ordered detained pending a detention hearing that is scheduled for December 21, 2018.
As alleged in the criminal complaint, at approximately 6:20 a.m. today, ATF special agents conducted a court-authorized search of McKemmie’s residence at 61 Park Avenue in Windsor. McKemmie was arrested after investigators collected from his bedroom nine handguns, two AR15 rifles, an AR15 pistol that had no markings, more than 500 rounds of ammunition, and various firearms parts and materials used in the construction of firearms.
It is alleged that McKemmie is a previously convicted felon.
U.S. Attorney Durham stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with the assistance of the U.S. Postal Inspection Service, Connecticut State Police and Windsor Police Department. The case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Wilson Man Ordered to Pay Hundreds of Thousands of Dollars in Restitution to Human Trafficking VictimRead the Press Release
NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that United States District Judge Louise W. Flanagan has ordered WILLIAM MAURICE SADDLER, 36, of Wilson to pay $477,618.20 in restitution to a victim of human trafficking. This is the largest amount ever ordered in our District under the trafficking restitution statute.
The case involved a fifteen-year-old victim whom SADDLER prostituted at migrant camps near Wilson, North Carolina. SADDLER helped the victim to become addicted to crack cocaine, coerced her and forced her to continue prostituting, and kept all the money derived from her forced prostitution. SADDLER also introduced the victim to two other pimps, Bobby Ray Williams Jr. and Kenneth Corvon Ward, who also prostituted her with the assistance of two females, Temeeka Honey and Yadyra Brown. Williams, Ward, Honey, and Brown all were previously convicted and sentenced in related cases.
A federal jury in New Bern convicted SADDLER of conspiracy to commit sex trafficking of a minor and sex trafficking by force, fraud or coercion and of a minor. On June 7, 2018, Judge Flanagan sentenced SADDLER to 480 months’ imprisonment followed by a lifetime of supervised release. At the government’s request, and after further proceedings, Judge Flanagan has now ordered SADDLER to pay the substantial restitution amount to the victim.
Federal law applicable to human trafficking offenses mandates that victims be compensated for the full amount of their losses, including for medical services, lost income, attorneys’ fees, transportation, temporary housing, child care expenses, and other items. Here, Judge Flanagan awarded the victim $477,618.20 in restitution for her losses, and ordered SADDLER to pay that as part of his criminal judgment.
“Saddler’s crimes were unbelievably heinous,” said U.S. Attorney Higdon. “For years, he exploited and traumatized a child to satiate his greed and others’ sexual desires. No more. His 40-year sentence ensures that he cannot hurt other children, and his nearly half-million dollar restitution order is a small step on the victim’s path to recovery.”
That substantial sentence also serves another important goal. As U.S. Attorney Higdon emphasized, “the extent of Saddler’s punishment demonstrates the ferocity with which the United States prosecutes offenders like him. Other would-be traffickers should take heed. The United States will exhaust all available resources to protect our communities’ children. For those who seek to exploit our youth, justice will be swift and severe.”
Investigation of this case was conducted by the Federal Bureau of Investigation, the Raleigh Police Department, the N.C. State Bureau of Investigation, the Wilson Police Department and the Wilson County Sheriff’s Office. Assistant United States Attorneys Erin C. Blondel and Eleanor Morales represented the United States.
Wilkinsburg Man Sentenced to Almost 6 Years in Prison for Robbing Local Dollar General and PNC BankRead the Press Release
PITTSBURGH, Pa. – A former resident of Wilkinsburg, Pennsylvania, has been sentenced in federal court to a term of imprisonment of five years and 10 months, to be followed by three years of supervised release, on charges of bank robbery and Hobbs Act robbery, United States Attorney Scott W. Brady announced today.
Senior United States District Court Judge Arthur J. Schwab imposed the sentence on Lamont Gates, 65.
According to information presented to the court, on October 5, 2017, armed with a knife, Gates robbed the Dollar General store located on Penn Ave. in Wilkinsburg. Gates took approximately $310 before fleeing the store. One week later, on October 12, 2017, Gates entered the PNC Bank, also on Penn Avenue, and advised the teller that it was a stick-up. He demanded $20 bills. Gates reached through the metal bars on the teller counter in an attempt to grab either the teller or money. He then threatened to blow the teller’s head off and reached for an object with a black handle in his back pocket. The teller gave Gates approximately $2,060, including bait money.
A few minutes later, Gates was observed in the parking lot of the beer distributor one block away from the PNC Bank. After a brief chase, officers arrested Gates. Officers recovered $1,940 (in $20 bills) from Gates. It appears that he had already purchased a few items from the beer distributor. No weapons were recovered. Gates confessed to the Dollar General robbery.
Assistant United States Attorney Shanicka L. Kennedy prosecuted this case on behalf of the government.
The Federal Bureau of Investigation and the Wilkinsburg Police Department conducted the investigation leading to the prosecution of Lamont Gates.
Wichita Man Charged with Laser Strike on KHP PlaneRead the Press Release
WICHITA, KAN. – A Wichita man was indicted today on charges of striking a Kansas Highway Patrol aircraft with a beam from a laser pointer, U.S. Attorney Stephen McAllister said.
Armando Rodriguez-Leyva, 29, Wichita, is charged with one count of aiming a laser pointer at an aircraft.
The FBI and the U.S. Attorney’s office are campaigning to educate the public about the dangers of pointing lasers at aircraft. When aimed at an aircraft from the ground, the powerful beam of light from a handheld laser can travel more than a mile and illuminate a cockpit, disorienting and temporarily blinding pilots. The effect is similar to a flashbulb going off in a dark car at night. Each year, thousands of laser strikes are reported, and the FBI estimates that thousands more go unreported. For more information, visit this web page: https://www.fbi.gov/video-repository/laser-campaign-soundbites-for-media.mov/view
“Engaging in such activity is not a prank; it is extremely dangerous and a federal felony offense,” McAllister said. “Federal authorities are dedicated to rapidly bringing offenders to justice. The charge in this case was brought, and the defendant was arrested, within 5 days of the alleged commission of the offense.”
According to court documents, on December 15 a fixed wing aircraft owned and operated by the Kansas Highway Patrol for law enforcement purposes was flying over south Wichita to assist local law enforcement agents with a case. During the flight, a green-colored laser struck the aircraft several times and illuminated the cockpit of the aircraft, presenting a serious risk to the pilot.
The pilot tracked the laser light to a residence in the 1100 block of South Terrace in Wichita. The defendant was sitting in a car behind the residence when he was arrested.
If convicted, the defendant faces a sentence of up to five years in federal prison and a fine up to $250,000. The Kansas Highway Patrol, the Wichita Police Department and the FBI investigated. Assistant U.S. Attorney Ryan McCarty is prosecuting.
OTHER INDICTMENTS
Amy S. Bell, 40, Wichita, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Nov. 13, 2018, in Wichita.
If convicted, she faces up to 10 years in federal prison and a fine up to $250,000. The Sedgwick County Sheriff’s Department investigated. Assistant U.S. Attorney Ryan McCarty is prosecuting.
Roberto Equihua-Garcia, 39, who is not a United States citizen, is charged with unlawfully re-entering the United States after being deported. He was found Nov. 16, 2018, in Johnson County, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Scott Rask is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Washington County Sheriff's Office Civilian Employee Accused of Enticing a Minor Online and Distributing Child PornographyRead the Press Release
PORTLAND, Ore. – A criminal complaint was unsealed today in federal court alleging Luke De Roy Krieger, 39, of Camas, Washington, engaged in the coercion and enticement of a minor and distributed child pornography.
As alleged in the criminal complaint, on approximately August 14, 2018, undercover officers from the United Kingdom (UK) Police Eastern Regional Special Operations Unit contacted Homeland Security Investigations (HSI) London, England, office requesting assistance regarding a mobile app user who had engaged them in sexualized chat regarding young children. The user, later identified as Krieger, discussed his sexual interest in children and talked about traveling to the UK to engage in sexual activity with the undercover officer’s minor daughter.
Working with the mobile app maker and Frontier Communications, investigators were able to locate two IP addresses Krieger used to conduct the illicit communication. One IP address was associated with a residential internet account for Krieger’s home in Camas. The second was linked to a business internet account registered to the Washington County Sheriff’s Office in Hillsboro, Oregon, where Krieger is employed as a non-sworn Information Systems Analyst.
Investigators continued communicating with Krieger via the mobile app, posing both as an adult male residing in Boise, Idaho, and as a 13-year-old female the adult male was supposedly living with and sexually abusing. Krieger revealed having sexual fantasies about several minor females, including children who he had come into contact with regularly. He also shared his desire to use a spy cam to take voyeuristic photos and videos of minor girls in a state of undress.
Krieger repeatedly requested and sent photos of child pornography to the undercover officers and, on at least one occasion, a nude photo of himself from the neck down. In response to repeated statements by both the undercover adult and minor, Krieger confirmed that he was aware of the minor’s age. Eventually, the undercover adult invited Krieger to travel to Boise for the purpose of having sex with the undercover minor. Krieger was arrested without incident on December 18, 2018, in Hillsboro before attempting to travel out of state.
Krieger made an initial appearance today in federal court before U.S. Magistrate Judge Youlee Yim You. He will remain in custody pending a detention hearing scheduled for December 21, 2018.
A criminal complaint is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
This case is being investigated by HSI and the Vancouver, Washington Police Department’s Digital Evidence Gathering Unit. The Washington County Sheriff’s Office has fully supported and cooperated with the investigation.
This case is 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 U.S. 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.
HSI encourages the public to report suspected child predators and any suspicious activity through its toll-free Tip Line at 1-866-DHS-2-ICE or by completing its online tip form. Both are staffed around the clock by investigators. From outside the U.S. and Canada, callers should dial 802-872-6199. Hearing impaired users can call TTY 802-872-6196.
Vancouver, Washington Toxicology Testing Lab Settles Allegations it Paid Kickbacks for Government Program BusinessRead the Press Release
A Vancouver, Washington toxicology and genetic testing laboratory has agreed to pay up to $1,777,738 to settle allegations that it violated the False Claims Act by paying illegal kickbacks to obtain referrals from government healthcare insurance programs, announced U.S. Attorney Annette L. Hayes. Molecular Testing Labs is a wholly owned subsidiary of Blackfly Investments, LLC.
“The False Claims Act and Anti-Kickback Statute are aimed at making sure taxpayers get value for their money,” said U.S. Attorney Annette L. Hayes. “Those who try to game the system will be held accountable. This settlement sends a clear message that those doing business with government healthcare programs are being scrutinized to ensure they are not engaging in illegal side deals that harm government healthcare systems.”
According to the settlement, between August 2014 and July 2015, the United States claims that Molecular Testing Labs made payments to local laboratories in exchange for referrals of Medicare and TRICARE program business, in violation of the Anti-Kickback Statute. The United States further claims that by submitting claims for payment to Medicare and TRICARE based on those illegal referrals, Molecular Testing Labs violated the False Claims Act.
Paying remuneration to medical providers or provider-owned laboratories in exchange referrals encourages providers to order medically unnecessary services. The False Claims Act and the Anti-Kickback Statute function, in part, to discourage such behavior.
“Kickbacks intended to gain government program business amount to little more than thinly-veiled bribes,” said Steven J. Ryan, Special Agent in Charge of the Office of Inspector General for the U.S. Department of Health and Human Services. “Along with our law enforcement partners these cases will be thoroughly investigated and resolved.”
“Every year, fraudulent medical claims cause immeasurable damage to U.S. taxpayers by wrongly inflating health care costs,” said Special Agent in Charge Chris D. Hendrickson, Defense Criminal Investigative Service, Western Field Office. “The announced settlement between the U.S. Government and Molecular Testing Labs is a victory for the U.S. taxpayer, and representative of DCIS and our law enforcement partners’ commitment to aggressively pursue those who attempt to defraud the U.S. military’s health care program and other health care programs in order to ensure the health care system works for U.S. military personnel and their families.”
Molecular Testing Labs remains in separate litigation with the Centers for Medicare & Medicaid Services (CMS) concerning potential overpayment of claims. Depending on the outcome of that litigation, the ultimate settlement in this case could be between $180,000 and $1,777,738.
In addition to the U.S. Attorney’s Office, this matter was investigated by the Department of Health and Human Services Office of the Inspector General (HHS-OIG), the Defense Health Agency of the U.S. Department of Defense, and the FBI. Assistant United States Attorneys Pooja Faldu Davé and Kayla Stahman negotiated the settlement for the U.S. Attorney’s Office.
Two Monroe County Men Charged with Making Straw Purchases of Fourteen FirearmsRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on August 14, 2018, a federal grand jury returned a superseding indictment charging Pedro Quinones, age 44, of Tobyhanna, Pennsylvania and Douglas DeHaven, age 35, of East Stroudsburg, Pennsylvania, with multiple counts of making false statements to federally licensed firearms dealers. The superseding indictment had been under seal pending the arrest of Quinones, who was arrested yesterday. DeHaven was arrested in August.
According to United States Attorney David J. Freed, the superseding indictment charges Quinones and DeHaven with providing false information, conspiracy, and aiding and abetting, regarding the purchases of fourteen firearms between January 5, 2018 and February 11, 2018. It is alleged that two of the firearms were purchased from Bella Mia Jewels in Tannersville; nine of the firearms were purchased from Dunkelberger’s Sports Outfitters, in Brodheadsville; and three of the firearms were purchased from Dunkelberger’s Sports Outfitters, in Stroudsburg. The superseding indictment also charges Quinones with being a convicted felon in possession of firearms.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Robert J. O’Hara is prosecuting the case.
This case is 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 safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal enforcement and the local community to develop effective, locally-based strategies to reduce crime.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for these offenses is ten years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Two Men Linked to Santa Fe Springs Street Gang Convicted of Federal Racketeering and Drug ChargesRead the Press Release
LOS ANGELES – Two members of the Canta Ranas Organization, a Santa Fe Springs-based criminal enterprise linked to the Mexican Mafia, have been found guilty by a jury of multiple federal offenses, including racketeering, narcotics and firearms charges.
Henry Jerry Mendoza, 39, who is also know by a number of monikers including “Spanky,” of Bellflower, and Jaime Andrew Villalba, 38, a.k.a. “Puppet,” of Hemet, each was found guilty on December 14 of conspiracy to violate the Racketeer Influenced and Corrupt Organizations (RICO) Act and being a felon in possession of a firearm and ammunition. Mendoza also was found guilty of a drug trafficking conspiracy, possession of methamphetamine and of carrying a firearm during and in relation to a crime of violence or drug trafficking crime.
Mendoza and Villalba were convicted in the third recent trial against members of Canta Ranas, a multi-generational street gang that primarily operates in Santa Fe Springs and Whittier. The criminal organization is involved in murder, burglary, extortion, money laundering and drug distribution, according to court documents.
The evidence presented to the jury at Mendoza and Villalba’s trial showed that Mendoza sold drugs and possessed firearms in furtherance of the criminal enterprise and, at the time of his arrest in December 2016, he possessed multiple bags of methamphetamine and a loaded 9-mm handgun. Villalba stored weapons and ammunition on behalf of the racketeering organization, brokered deals for gun magazines and ammunition for one of the leaders of the gang, and committed assaults on the gang’s behalf, according to trial evidence. In June 2013, Villalba assaulted someone he believed belonged to a rival street gang, hitting the unconscious man with a bottle, and, the following month, Villalba was found in possession of approximately 10 firearms, including assault rifles, shot guns, handguns and a large amount of ammunition for each firearm, the trial evidence showed.
United States District Judge Percy Anderson has scheduled March 11, 2019 sentencing hearings for both defendants, where each will face potential sentences of life imprisonment on the RICO count. Mendoza faces a mandatory minimum sentence of 25 years in federal prison on the drug trafficking conspiracy and firearms charges because he has a prior conviction for a felony drug offense.
Over the past few months, federal juries have convicted seven members of the Canta Ranas Organization. Following trials in August and September, five Canta Ranas-linked defendants were found guilty of racketeering conspiracy and other counts. All three trials this year arose from a federal grand jury indictment charging 51 defendants that was the result of “Operation Frog Legs.”
Operation Frog Legs is the result of an investigation by the Southern California Drug Task Force, which is led by the Drug Enforcement Administration as part of the High Intensity Drug Trafficking Area (HIDTA) initiative. The Task Force members that participated in Operation Frog Legs were U.S. Immigration and Customs Enforcement’s Homeland Security Investigation, the Whittier Police Department, the Los Angeles County Sheriff’s Department, IRS Criminal Investigation, and the California Department of Corrections and Rehabilitation, Office of Correctional Safety, Special Service Unit.
This trial was prosecuted by Assistant United States Attorneys Lindsay Bailey, Victoria Degtyareva and Chelsea Norell of the Organized Crime Drug Enforcement Task Force Section.
Two Jacksonville Men Sentenced for Their Roles in the Overdose Death of A 22-Year Old Jacksonville WomanRead the Press Release
Jacksonville, Florida – United States District Judge Marcia Morales Howard has sentenced Joshua Paul Smith (28, Jacksonville) and Otis Thomas (26, Jacksonville) to 30 years, and 6 years and 8 months, respectively, in federal prison, for their actions leading to the overdose death a 22-year-old Jacksonville woman. The court also ordered Smith to pay $24,187.83 in restitution to the victim’s family. Smith and Thomas had previously pleaded guilty for their roles in the case.
According to court documents and evidence submitted during the sentencing hearings, on the evening of July 10, 2015, the 22-year-old victim and another female traveled to Smith’s home to purchase and use heroin. While there, Smith provided the victim and the other woman with heroin and crack cocaine. Smith provided the victim with repeated access to heroin and cocaine throughout the evening and into the early morning hours of the following day.
The victim went to sleep early in the morning on July 11, 2015, and never woke up. According to the medical examiner, the victim died sometime in the morning hours of July 11. She had overdosed and died in her sleep due to the ingested heroin and cocaine.
At approximately 1:00 pm on July 11, Smith and Thomas found the victim dead in the loft of Smith’s home. After Thomas left the home, Smith and another individual decided to remove the victim’s body. In the early morning hours of July 12, Smith, the other female, and another individual used bi-fold closet doors to slide the victim’s body down the stairs from the loft. They then loaded her body into the back seat of a vehicle. The victim’s car was moved to another location in an effort to cover up the crime.
At approximately 3:00 am on July 12, the three individuals drove the victim’s body to a golf course in Jacksonville and dumped it near a tee box in an effort to make it appear that she had overdosed and died on the golf course. At approximately 7:00 am, a jogger saw the woman’s body and alerted authorities.
This case was investigated by the Drug Enforcement Administration and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Tysen Duva and Beatriz Gonzalez.
Two Former Local Credit Union Employees Charged in Million-Dollar Embezzlement ScamRead the Press Release
HOUSTON – An ex-employee at a local credit union has been charged with embezzlement and making false entries into the credit union’s books and records, announced U.S. Attorney Ryan K. Patrick. Another ex-employee was also charged with embezzlement related to the scam.
A federal grand jury charged Susanna Guajardo, 42, of Pearland in a five-count superseding indictment returned under seal Dec. 12, 2018. She was taken into custody today, at which time the indictment was unsealed, and is expected to make her initial appearance before U.S. Magistrate Judge Frances Stacy today at 10:00 a.m.
Grace Garza aka Grace Valencia, 48, of Pasadena, was originally charged last month with two counts of embezzlement and was released on bond. She is expected to appear again in court on these charges in the near future.
Guajardo is alleged to have committed embezzlement of $1,154,876 and three counts of making false entries into the books and records of a federal credit union between at least 2010 and 2018. The indictment alleges Garza committed two counts of embezzlement – the $1,154,876 along with Guajardo as well as a separate embezzlement of $110,000.
If convicted of any of the charges, each faces up to 30 years in federal prison and a possible $1 million fine.
The FBI conducted the investigation. Assistant U.S. Attorney Belinda Beek is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Two Birmingham Men Plead Guilty to Using a Firearm During a Carjacking in Homewood, ALRead the Press Release
BIRMINGHAM –Two Birmingham men pled guilty in federal court to carjacking and the use of a firearm during a violent crime, announced U.S. Attorney Jay E. Town and FBI Special Agent in Charge Johnnie Sharp, Jr.
KEVIN ELICE PAYNE, 20, entered his plea before U.S. District Court Judge Karon O. Bowdre today to one count of carjacking and one count of using a firearm in relation to a violent crime, in Jefferson County, Alabama, on October 5 2018. PAYNE’S co-defendant, KENMARIOUS MARKEON FAULKNER, 18, plead guilty to the same charges yesterday. The sentencing for PAYNE and FAULKNER is scheduled for April 17th.
“These violent defendants have been brought to justice and they will have plenty of time in a federal prison to pay for their crimes”, Town said. “These crimes are far too prevalent in the Northern District and thus our local, state, and federal law enforcement agencies will remain in their phalanx to not only police violent crime, but defeat it.”
“Thanks to the work of the Homewood Police Department these dangerous and violent criminals were quickly taken into custody and have now admitted to their crimes,” Sharp said. “The FBI will continue to work with our partners to address this type of violent crime.”
On October 5, 2018, the victim was shopping at the Walmart Supercenter on Lakeshore Parkway in Homewood, Alabama. As the victim got into her vehicle, PAYNE and FAULKNER prevented her from closing the door. Wearing a ski mask and brandishing a pistol, PAYNE explained, “I’ll blow your head off if you don’t give me your money.” PAYNE and FAULKNER then grabbed the victim and forcibly removed her from the vehicle. The assailants then stole the victim’s car and sped away. Shortly thereafter, Homewood Police Department alerted patrol officers to be on the lookout for the victim’s vehicle. Moments later, the car was spotted by an officer traveling on I-65 North. Following a lengthy pursuit, officers rammed the fleeing vehicle, causing it to crash. PAYNE and FAULKNER were immediately taken into custody.
The maximum penalty for carjacking is 15 years in prison. Brandishing a firearm during a crime of violence carries a mandatory minimum sentence of five years in prison, to be served consecutively to any other sentence imposed for the crime.
The Federal Bureau of Investigation investigated the case along with Homewood Police Department, which Assistant U.S. Attorney Brad Felton prosecuted.
Ten Weeks of Selling Heroin and Crack Cocaine Leads to Ten Years in Federal PrisonRead the Press Release
A man who sold heroin and crack cocaine for ten weeks in Dubuque was sentenced today to a decade in federal prison.
Gregory Fugi Anderson, Jr., age 32, from Dubuque, Iowa, received the prison term after a February 22, 2018, guilty plea to possessing heroin and crack cocaine which he was planning to sell near Orange Park in Dubuque.
Information at sentencing and prior hearings showed that Anderson sold heroin and crack cocaine for ten weeks in Dubuque between September and November 2017. During that time, Anderson admitted he sold at least 400 grams of heroin and more than 58 grams of crack cocaine. Anderson had a long criminal history, starting at age sixteen when he was convicted of attempted robbery which included multiple assault and drug convictions.
Anderson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Anderson was sentenced to 120 months’ imprisonment. He must also serve a six-year term of supervised release after the prison term. There is no parole in the federal system. Anderson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Patrick Reinert and investigated by the Dubuque Drug Task Force.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-1001.
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Telemarketing Scammer Charged with Multiple Counts of Mail and Wire FraudRead the Press Release
United States Attorney Erica H. MacDonald today announced a federal indictment charging WAYNE ROBERT DAHL, JR., 50, with four counts of mail fraud and four counts of wire fraud. DAHL will make his initial appearance in U.S. District Court at a later date.
According to the indictment, DAHL owned “Your Magazine Service, Inc.” a fraudulent telemarketing company that operated a call center in Chaska, Minnesota. DAHL devised a scheme to trick mostly elderly customers into signing up for costly magazine subscriptions using false representations and fraudulent sales tactics. From 2009 through 2016, DAHL fraudulently obtained more than $10 million from 13,000 victims across the United States.
According to the indictment, DAHL purchased lists of consumers who had active magazine subscriptions through other companies. DAHL directed his employees to call these consumers and falsely claim they were calling to offer the consumers a $150 reduction on their existing account balance. In reality, as DAHL knew, the consumers did not have an existing magazine subscription with his company. During the calls, DAHL directed his employees to obtain consumers’ credit card information by falsely claiming that the company was conducting a survey on credit card and banking usage. DAHL then directed his employees to use this information to trick consumers into signing up for expensive magazine subscription packages that they did not want nor realize they were purchasing. These new subscription packages resulted in DAHL’s company billing his victim-consumers 20 monthly payments of $49.90, for a total cost of $998.
This case is the result of an investigation conducted by the United States Postal Inspection Service and the Federal Bureau of Investigation.
Assistant U.S. Attorney Joseph H. Thompson is prosecuting the case.
Defendant Information:
Wayne Robert Dahl, Jr., 50
Fridley, Minn.
Charges:
- Mail Fraud, 4 counts
- Wire Fraud, 4 counts
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
Subject of INTERPOL Red Notice Pleads Guilty to Illegal ReentryRead the Press Release
NORFOLK, Va. – A Mexican citizen who is the subject of an INTERPOL “Red Notice” pleaded guilty today to illegally reentering the country after having been previously removed.
According to court documents, Cesar Fernando Valenzuela-Alvarez, 42, who most recently was living in Chesapeake, had illegally entered the United States and been removed to Mexico on multiple occasions. On October 17, he was taken into custody in Chesapeake after officers learned he was the subject of an INTERPOL “Red Notice”.
Valenzuela-Alvarez pleaded guilty to illegal reentry and faces a maximum penalty of two years in prison when sentenced on April 3, 2019. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Russell Hott, Field Office Director of U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C., made the announcement after Senior U.S. District Judge Henry Coke Morgan, Jr. accepted the plea. Assistant U.S. Attorney Andrew C. Bosse is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-167.
Stamford Man on Supervised Release Pleads Guilty to Drug Dealing ChargeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that ALBERT LEE ROBINSON, 57, of Stamford, pleaded guilty yesterday before U.S. District Judge Stefan R. Underhill in Bridgeport to one count of possession with intent to distribute controlled substances. Robinson also admitted that he violated the conditions of his supervised release from a prior federal conviction.
According to court documents and statements made in court, on January 16, 2004, Judge Underhill sentenced Robinson to 188 months of imprisonment, followed by five years of supervised release, for distributing crack cocaine. Robinson was sentenced as a career offender based on prior convictions for burglary, narcotics and robbery offenses. Robinson was released from prison in August 2017 and began serving his five-year term of supervised release.
On August 14, 2018, Stamford Police arrested Robinson on state charges after he was found in possession of approximately 17 grams of heroin, 19 grams of crack cocaine, 14 grams of powder cocaine and a quantity of marijuana, much of which was packaged for distribution. Officers also seized a digital scale and $2,052 in cash.
On September 5, 2018, a federal grand jury in New Haven returned an indictment charging Robinson with one count of possession with intent to distribute controlled substances on August 14.
On September 6, 2018, members of the DEA’s Bridgeport High Intensity Drug Trafficking Area Task Force and Stamford Police Department executed a federal arrest warrant for Robinson. At this time of his arrest, Robinson possessed a bag of powder cocaine on his person.
Robinson has been detained since his federal arrest.
Judge Underhill scheduled sentencing for March 12, 2019, at which time Robinson faces a maximum term of imprisonment of 20 years for distributing controlled substances, and an additional term of imprisonment for violating the conditions of his supervised release.
This case is being prosecuted by Assistant U.S. Attorneys Anthony E. Kaplan and Elena L. Coronado.
St. Augustine Sex Offender Pleads Guilty to Federal Charge of AttemptedRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces today that Kenneth Brian Hanger (46, St. Augustine) has pleaded guilty to attempted online enticement of a child to produce child pornography. In 1994, Hanger was convicted of aggravated indecent assault in Bradford County, Pennsylvania, and is a registered sex offender. Hanger faces a minimum mandatory penalty of 10 years, and up to life, in federal prison. Hanger has been in custody since his arrest on June 5, 2018.
According to court documents, on May 22, 2018, a detective with the St. Johns County Sheriff’s Office (SJSO) reviewed sexual offender registration information provided by Hanger. Hanger disclosed his use of a Facebook account that did not list his true name. Posing as a minor child, the detective sent a “friend request” to this account, and Hanger accepted this request and made online contact with the “child.” Between May 24 and June 5, 2018, Hanger and the “child” engaged in online conversations on several occasions using a texting application. Hanger was advised and acknowledged that the “child” was 13 years old.
On June 1, 2018, Hanger raised the topic of sexual activity between himself and the “child” and suggested meeting to engage in sex. On June 4, 2018, Hanger and the “child” again discussed meeting for sex, and Hanger sent the “child” an explicit photo of himself. Later that day, Hanger asked the “child” to send him a graphic video depicting “her” genitalia. The next day, SJSO detectives arrested Hanger at his home.
This case was investigated by the St. Johns County Sheriff’s Office and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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.
Spencer Man Charged with Federal Cocaine OffenseRead the Press Release
BOSTON – A Spencer man was arrested today and charged in federal court in Worcester with cocaine distribution.
Melvin Burgos, 33, was charged by criminal complaint with possessing approximately one kilogram of cocaine with intent to distribute. He will appear in federal court in Worcester later today.
According to the charging documents, in late October 2018, Burgos made arrangements to obtain cocaine, sell it, and then transport the proceeds to New York. On Nov. 1, 2018, law enforcement stopped the vehicle Burgos was driving and seized approximately one kilogram of cocaine.
It is alleged that Burgos also asked another individual to obtain a sample of pills containing fentanyl, which Burgos planned to provide to one of his partners. Burgos allegedly stated that if the pills were of good quality, his partner would buy 1,000. According to the charging documents, Burgos contemplated being able to earn up to $10,000 a month selling these pills, but predicted that it was also possible to go to jail without bail.
Burgos faces a mandatory minimum sentence of five years and up to 40 years in prison, minimum of four years and up to a lifetime of supervised release, and a fine of $5 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. The Massachusetts Attorney General’s Office and the Massachusetts State Police provided valuable assistance to the investigation. Assistant U.S. Attorney Bill Abely of Lelling’s Worcester Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Solon man sentenced to 30 months in prison for his role in conspiracy to defraud the Cleveland Clinic out of $2.7 millionRead the Press Release
A Solon man was sentenced to 30 months in prison for his role in a conspiracy to defraud the Cleveland Clinic out of more than $2.7 million.
Gary Fingerhut, 58, was ordered to pay $2,784,847 in restitution. He previously pleaded guilty to one count of conspiracy to commit wire fraud and honest services wire fraud and one count of making false statements.
According to court documents filed in the case:
Fingerhut worked at Cleveland Clinic Innovations, which assisted doctors and other Clinic personnel with inventing medical products and marketing those products, typically through the formation of a spin-off company. Fingerhut was hired as general manager of information technologies in 2010 and became executive director in 2013. The Clinic terminated his employment in June 2015.
In 2012, the Cleveland Clinic Innovations formed a subsidiary company known as Interactive Visual Health Records (IVHR), to develop a visual medical charting concept of certain Clinic physicians into a functioning, marketable product. Fingerhut hired Wisam Rizk to work as a consultant and then chief technology officer at IVHR to develop the product.
Fingerhut and Rizk, as a condition of their employment, were prohibited from receiving any financial benefit or having any personal or familial financial interests in companies the Clinic did business with, unless they were expressly disclosed to, and approved by, the Clinic. Fingerhut underwent formal training on the Clinic’s ethics and compliance polices and requirements.
Rizk and others caused to be incorporated a shell company known as iStarFZE LLC (ISTAR) that did not actually perform or provide any goods or services. It was established in the name of a nominee owner. Rizk caused ISTAR to establish a web site and email addresses and a mailing address in New York City.
Rizk caused ISTAR to submit a bid to the Clinic to develop and design IVHR’s software and to increase the price the Clinic paid for the software design and development, all without disclosing his financial interest in ISTAR.
Rizk periodically paid Fingerhut a “referral” or “commission” fee in return for Fingerhut not disclosing the fraud scheme.
Fingerhut accepted nearly $469,000 in these payments from Rizk between August 2012 and November 2014. During that time, Fingerhut, Rizk. and others diverted more than $2.7 million from the Clinic.
Rizk pleaded guilty to his role in the conspiracy and is awaiting sentencing.
This case is being prosecuted by Assistant U.S. Attorneys Chelsea S. Rice and Rebecca Lutzko following an investigation by the Federal Bureau of Investigation.
Silicon Valley CEO Sentenced to Three Years in Prison for Wire Fraud SchemeRead the Press Release
SAN FRANCISCO– Renato Libric, the former Chief Executive Officer of Bouxtie, Inc., was sentenced to 36 months in prison for wire fraud, announced United States Attorney Alex G. Tse and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The sentence was handed down today by the Honorable Maxine M. Chesney, United States District Judge.
Libric, 39, of Redwood City, Calif., and Zagreb, Croatia, pleaded guilty to the wire fraud charge on September 5, 2018. According to his plea agreement, Libric admitted that from August 2017 through February 2018, he devised and carried out a scheme to defraud potential investors in Bouxtie, Inc., a Delaware corporation based in the San Francisco Bay Area. Libric admitted that an essential purpose of the scheme was to overstate the financial condition and prospects of Bouxtie, and to induce potential investors to believe Libric had authority to sell shares in Bouxtie to investors.
Libric took multiple steps to convince members of a Las Vegas-based company to invest over a million dollars in Bouxtie. As part of the scheme, Libric fraudulently suggested to representatives of the potential investors that a large publicly traded corporation was interested in purchasing Bouxtie at a price of $150 million. To bolster this claim, Libric fraudulently placed the signature of an executive with the alleged purchasing corporation on a forged Term Sheet. The Term Sheet purported to indicate the large corporation was interested in the purchase of Bouxtie. In addition, Libric caused the falsified Term Sheet and a falsified bank statement to be transmitted to potential investors. The false bank statement suggested Bouxtie had a balance of over $2,000,000 in an account when, in fact, there was only $7,642.82 in the account. Furthermore, Libric placed the signatures of members of Bouxtie’s Board of Directors on a document that purported to authorize Libric to enter into agreements pursuant to which the investors would lend $1.5 million to Bouxtie and that the loan eventually would be converted into shares of Bouxtie.
As a result of his scheme, Libric convinced investors to transfer $1.5 million into accounts belonging to Bouxtie. Further, after the $1.5 million was deposited, Libric withdrew more than $130,000 of the invested funds from an account and put the funds into his own checking account.
On May 10, 2018, a federal grand jury indicted Libric, charging him with one count of wire fraud, in violation of 18 U.S.C. § 1343 and 2. In September, Libric pleaded guilty to the charge and agreed to make restitution to the victims for their losses.
In addition to the prison term, Judge Chesney also sentenced the defendant to a three-year period of supervised release and ordered him to pay over $1,500,000 in restitution. Libric has been in custody since his arrest on May 10, 2018, and will begin serving his sentence immediately.
Assistant U.S. Attorney Matthew McCarthy is prosecuting the case with the assistance of Bridget Kilkenny. The prosecution is the result of an investigation by the FBI.
Seven North Carolina Residents Indicted for Scheme to Defraud Banks and Credit Unions in Green Bay and the Fox ValleyRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin, announced that on December 18, 2018, a federal grand jury returned an indictment against Che L. Simons a/k/a “Che L. Simmons” (age: 28), Sequoia D. Southerland (age: 21), Mackel H. W. Gaither (age: 28), Henry L. Wilder (age: 32), Fred P. Allen a/k/a “Timothy B. Glass Jr.” (age: 24), Keith D. Davidson (age: 26), and Deshawn D. Mobley (age: 27) all residents of North Carolina. Together they are charged with five counts of financial institution fraud contrary to Title 18 United States Code, Section 1344 and two counts of aggravated identity theft in violation of Title 18, United States Code, Section 1028A. Each fraud count carries a maximum of 30 years imprisonment and $1,000,000 fine, while the identity theft counts call for a mandatory two years imprisonment consecutive to any underlying sentence handed down by the court.
The indictment alleges the group schemed to defraud financial institutions across the United States, including numerous banks and credit unions in the Fox Valley and Green Bay areas. The defendants are alleged to have stolen checks from numerous Wisconsin businesses’ mailboxes prior to altering them and recruiting individuals from homeless shelters, state probation and parole offices, Salvation Army rehabilitation centers, and bus stations to cash the counterfeit checks in exchange for a small amount of money. The defendants are alleged to have obtained or attempted to obtain more than $120,000 from banks and credit unions in Northeast Wisconsin.
This case was investigated by the Brown County Sheriff’s Office, Appleton Police Department, Grand Chute Police Department, Green Bay Police Department, De Pere Police Department, Ashwaubenon Public Safety Office, Marinette Police Department, and the Marinette County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Daniel R. Humble.
An indictment is only a charge and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government must prove them guilty beyond a reasonable doubt.
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For further information contact:
Public Information Officer Dean Puschnig, 414-297-1700
Seven Illegal Aliens Charged with Criminal Immigration OffensesRead the Press Release
RICHMOND, Va. – A federal grand jury returned indictments late yesterday charging seven illegal aliens with illegal reentry following their deportations or removals and/or related charges.
Name, Age
Citizenship
Charges
Max Penalty
Erlin Torres Zuniga, 28
Honduras
Illegal Reentry following removal
2 years
Ruperto Hernandez Zarate, 33
Mexico
Falsely Made Immigration Document
Misuse of Social Security Number
10 years
2 years
Hugo Giovanni Lemus Ramos, 42
El Salvador
Falsely Made Immigration Document
Misuse of Social Security Number
False Claim if U.S. Citizenship
10 years
2 years
3 years
Javier Antonio Cruz Bonilla, 26
El Salvador
Illegal Reentry following removal
2 years
Max De Jesus Pinzon, 31
Mexico
Illegal Reentry following removal
2 years
Efrain Avila Flores, 40
Guatemala
Illegal Reentry following removal
2 years
Rodolfo Segura-Virgen, 38
Mexico
Illegal Reentry following removal after conviction for an aggravated felony
20 years
If convicted, each defendant will again be deported after completion of any prison sentence.
Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Russell Hott, Field Office Director for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C., made the announcement. Assistant U.S. Attorneys S. David Schiller and Heather H. Mansfield are prosecuting the cases.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:18-cr-149, 3:18-cr-151, 3:18-cr-152, 3:18-cr-155, 3:18-cr-156, 3:18-cr-157, 3:18-mj-189.
Second Bronx Gang Member Arrested and Charged in Manhattan Federal Court with 2011 Murder of Bolivia BeckRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), and Raymond P. Donovan, the Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”), announced today that KAREEM DAVIS, an alleged member of the “Killbrook” gang based in the Mill Brook Houses in the Bronx, was arrested and charged in connection with the April 18, 2011, murder of Bolivia Beck, the girlfriend of a rival gang member. Beck was shot and killed as she was being introduced to her boyfriend’s grandparents on a sidewalk in the Mill Brook Houses. DAVIS will be arraigned in Manhattan federal court later today before United States Magistrate Judge Debra Freeman.
Fifteen individuals were previously charged in an initial Indictment unsealed on October 11, 2017. That Indictment charged four individuals, including Gary Davis, the brother of KAREEM DAVIS, with racketeering conspiracy, in connection with their membership in the Killbrook gang, and charged other individuals with narcotics conspiracy and firearms offenses. On January 8, 2018, Gary Davis was charged with the 2011 murder of Beck. The Superseding Indictment adds KAREEM DAVIS as the second defendant charged with that murder. The case is assigned to U.S. District Judge Lorna G. Schofield.
U.S. Attorney Geoffrey S. Berman said: “Bolivia Beck was murdered in 2011, in the most horrible and tragic of circumstances. Over seven years have passed, but our remarkable partners at the NYPD and DEA have remained committed to holding her killers accountable. As a result, Kareem Davis now stands charged with this terrible crime.”
DEA Special Agent in Charge Raymond P. Donovan said: “This investigation into the Killbrook Gang uncovered a racketeering conspiracy involving drug trafficking, firearms offenses and murder. Allegedly, Bolivia Beck was put in the crosshairs of gang rivalry and gang violence by Kareem and Gary Davis, both of whom are charged with murder. There is no place for criminal gang activity in our communities and law enforcement is working to remove threats of violence by putting those responsible in jail.”
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According to the allegations in the Superseding Indictment[1] and information in the public record:
On April 18, 2011, Bolivia Beck was struck in the head by a bullet as she was being introduced to her boyfriend’s grandparents on a sidewalk in the Mill Brook Houses. The shooting occurred in broad daylight. Beck died two days later from the gunshot wound. The shooting arose out of an ongoing gang dispute between Killbrook and the rival “MBG” street gang.
KAREEM DAVIS, 29, of the Bronx, New York, is charged in the Superseding Indictment with one count of racketeering conspiracy, one count of murder in aid of racketeering and aiding and abetting the same, and one count of murder through the use of a firearm and aiding and abetting the same. DAVIS faces a maximum penalty of death or life in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the NYPD and the DEA.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Jordan Estes and Alexandra Rothman are in charge of the prosecution.
The charges contained in the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phase signifies, the entirety of the text of the Superseding Indictment and the description of the Superseding Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.
Schenectady Man Pleads Guilty to Distributing Heroin Laced with FentanylRead the Press Release
ALBANY, NEW YORK – Hezekiah Morton, age 47, of Schenectady, New York, pled guilty today to distributing heroin and fentanyl in May 2018.
The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge Raymond P. Donovan, U.S. Drug Enforcement Administration (DEA), New York Division; and Schenectady County Sheriff Dominic Dagostino.
Morton admitted that between May 7 and May 17, 2018, while in Schenectady, he distributed approximately 46 grams of a substance that he claimed to be heroin, which contained detectable amounts of fentanyl.
Sentencing is scheduled for April 18, 2019 before Senior United States District Judge Gary L. Sharpe. Morton faces up to 20 years in prison, and a term of post-imprisonment supervised release of at least 4 years and up to life. 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.
This case was investigated by the DEA and the Schenectady County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
San Francisco Resident Sentenced to Five Years in Prison for Unauthorized Possession of Credit Card and Related InformationRead the Press Release
SAN FRANCISCO – Janelyn Mangisel Dasig was sentenced today to 60 months in prison for unauthorized possession of more than 15 access devices announced United States Attorney Alex G. Tse and United States Secret Service Special Agent in Charge Dave Thomas. The sentence was handed down by the Honorable Charles R. Breyer, U.S. District Judge.
Dasig, 34, of San Francisco, pleaded guilty to the charge on August 29, 2018. According to the plea agreement, on May 8, 2018, Dasig was a front desk clerk at San Francisco motor lodge. She admitted she knowingly possessed printouts of at least three hundred guest names with credit card information, expiration, CVV code, and other identifying information that she unlawfully took from her place of employment. Dasig admitted that when she took the information, she had an intent to defraud and she knew she was not authorized to take the access devices.
On July 17, 2018, a federal grand jury indicted Dasig charging her with one count of possession of 15 or more counterfeit and unauthorized access devices, in violation of 18 U.S.C. § 1029(a)(3) and (c)(1)(A)(i). Dasig pleaded guilty to the charge. Dasig also was serving a term of supervised release on an unrelated charge at the time she was found with the access devices. Judge Breyer sentenced Dasig to 42 months in prison for the access device violation and an additional 18 months in prison for the violation of the conditions of her supervised release.
In addition to the prison term, Judge Breyer also sentenced the defendant to a three-year period of supervised release. The defendant has been in federal custody since May 16, 2018, and will begin serving her sentence immediately.
Special Assistant U.S. Attorney Ann C. Lucas and Assistant U.S. Attorney Philip J. Kearney are prosecuting the case with the assistance of Kimberly Richards and Margoth Turcios. The prosecution is the result of an investigation by the United States Secret Service.
San Francisco Police Officer Arrested and Charged with Robbing BankRead the Press Release
SAN FRANCISCO – San Francisco police officer Rain Olson Daugherty was arrested yesterday and charged this morning with robbing a San Francisco bank, announced United States Attorney Alex. G. Tse and Federal Bureau of Investigation Special Agent in Charge John F. Bennett.
According to an affidavit filed in connection with the case, on November 29, 2018, Daugherty, 44, of San Francisco, is the person who allegedly robbed entered the East West Bank in the Sunset District of San Francisco and handed a teller a note that demanded money in $50 and $100 denominations. The robber then said something to the effect of “calm down, just do it.” The teller gave a stack of cash and gave it to the robber. A second teller, who had observed the robber pass the note, pressed the alarm and left the area to notify a bank manager of the robbery. The robber took approximately $9,000 from the bank.
According to documents filed with the court, Daugherty is currently under suspension without pay. Daugherty was charged with bank robbery, in a violation of 18 U.S.C. § 2113(a).
A complaint merely alleges that crimes have been committed, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt. The defendant faces a maximum statutory penalty of 20 years in prison for the charge. Additional fines, forfeitures, restitution, and special assessments also may be imposed. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The defendant currently is in federal custody and is scheduled to appear before U.S. Magistrate Judge Sallie Kim on December 19, 2018, for arraignment.
Assistant U.S. Attorney Ajay Krishnamurthy with the assistance of Kimberly Richardson. The prosecution is the result of an investigation by the FBI with assistance from the San Francisco Police Department.
Salvadoran Man Arrested in Schenectady for Illegal Re-entryRead the Press Release
ALBANY, NEW YORK – Efrain Diaz-Alachan, age 46, and a citizen of El Salvador, was arrested yesterday in Schenectady, New York, on a charge of illegally re-entering the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
According to the criminal complaint, Diaz-Alachan has been removed from the United States to El Salvador on five prior occasions since 2005, having been previously arrested in Vermont; Colonie, New York; Ticonderoga, New York; Houston, Texas; and Sarita, Texas.
In 2011 and again in 2013, he was convicted of illegal re-entry in the United States District Court for the Northern District of New York. In 2011, he was sentenced to time served. In 2013, he was sentenced to 14 months in prison. In 2015, he was again convicted of illegal re-entry, in the United States District Court for the Southern District of Texas, and sentenced to 15 months in prison.
Diaz-Alachan appeared today before United States Magistrate Judge Daniel J. Stewart, who ordered Diaz-Alachan detained pending further proceedings.
Diaz-Alachan faces up to 10 years in prison if convicted. 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.
This case is being investigated by ICE-ERO in Albany, with support from the ERO Buffalo Special Response Team and the Schenectady Police Department, and is being prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Romanian Woman Indicted for Financial Fraud and Possessing ATM Skimming DevicesRead the Press Release
FORT WAYNE –Valentina Marinkovic, 18, of Romania, had a six count indictment returned against her, one count for executing a scheme to defraud a financial institution and 5 counts for possessing access device making equipment, announced U.S. Attorney Kirsch.
According to documents in the case, on or about August 5, and continuing until on or about October 1, 2018, Marinkovic executed a scheme to defraud a federally insured financial institution. Law enforcement has been investigating several reports of skimming devices being placed on bank and credit union ATMS as well as gas station credit card readers at gas pumps. The device captures and stores credit and debit card numbers of unsuspecting victims. The device is subsequently removed and the information from the skimming device is used to produce fraudulent credit/debit cards for unauthorized transactions.
In this case, a credit union was victimized having to reimburse members for losses exceeding $32,000
The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case was investigated by the FBI, the Indiana State Police Organized Crime and Corruption Unit along with the Elkhart Police Department. This case will be prosecuted by Assistant United States Attorney Stacey Speith.
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Rochester Man Sentenced to Eight Years in Prison for Robbing A Dunkin' DonutsRead 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 Ramon Crespo, 32, of Rochester, NY, who was convicted of robbery and possession and brandishing a firearm in furtherance of a crime of violence, was sentenced to serve 96 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that on March 15, 2018, the defendant robbed the Dunkin’ Donuts located at 277 East Ridge Road in Rochester. During the robbery, Crespo waved a firearm at store employees and stole approximately $200 in cash. After investigators with the Rochester Police Department conducted their investigation, the defendant was arrested on March 22, 2018, following a traffic stop. Upon searching the vehicle, officers located a loaded .40 caliber Glock model 27 semi-automatic handgun.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Mark Simmons, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
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Revere Man Charged with Distributing FentanylRead the Press Release
BOSTON – A Revere man was charged today in federal court in Boston with distributing 40 grams or more of fentanyl.
Jassiel Ramirez, 24, was indicted on three counts of possession with intent to distribute and distribution of 40 grams or more of fentanyl. Ramirez was arrested in October and charged by criminal complaint; he has been in custody since his arrest on Oct. 11, 2018.
It is alleged that from at least Sept. 13, 2018, through Oct. 11, 2018, Ramirez distributed fentanyl in Salem.
The charge of distribution of 40 grams or more of fentanyl carries a minimum mandatory sentence of five years and up to 40 years in prison, at least four years of supervised release, and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division, made the announcement. Assistance was provided by the Salem Police Department. Assistant U.S. Attorney Alathea E. Porter of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Reno Man Sentenced to Seven Years in Prison for Receipt of Child PornographyRead the Press Release
RENO, Nev. – A Reno man who actively sought babysitting opportunities with families with young girls so he could potentially exploit the children was sentenced Tuesday to 84 months in prison to be followed by a lifetime of supervised release, announced U.S. Attorney Dayle Elieson for the District of Nevada.
Aaron M. Quackenbush, 27, previously pleaded guilty to receipt of child pornography. He will be required to register as a sex offender under the Sex Offender Registration and Notification Act. United States District Judge Robert C. Jones presided over the sentencing hearing.
An investigation revealed that two IP addresses associated with Quackenbush’s residence were downloading child pornography. Quackenbush was interviewed by law enforcement. During his interview, Quackenbush admitted that he had downloaded videos and photos of child pornography for 12 years. When investigators sought to execute a search warrant at his home, Quackenbush deleted the Twitter application and files containing the child pornography from his cellphone. Law enforcement was able to recover his Twitter conversations which revealed dialogue with others about pornographic photos of young girls, Quackenbush’s desire to babysit young girls, as well as videos and photos of child pornography totaling 5,710 images as calculated under the sentencing guidelines.
The case was investigated by the FBI, the Washoe County Sheriff’s Office, and the Northern Nevada Cyber Center Crimes Against Children Task Force. Assistant U.S. Attorney Jim Keller prosecuted the case.
If you have information regarding the sexual exploitation of children, contact the National Center for Missing & Exploited Children Cyber Tipline at www.cybertipline.org.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood and for information about internet safety education, please visit www.justice.gov/psc.
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Racine Man Convicted of Impersonating a DEA AgentRead the Press Release
Matthew D. Krueger, the United States Attorney for the Eastern District of Wisconsin, announced that on December 18, 2018, a jury in Milwaukee returned guilty verdicts on two charges of impersonating a Drug Enforcement Administration (DEA) agent against Jeremy C. Wade, (age: 29) of Racine. Wade had been charged with violating Title 18, United States Code, Section 912.
The evidence at trial showed that in January and February 2018, in Racine, Wade carried a firearm and wore an official-looking DEA badge in an encounter with a citizen in which Wade asked for information about a particular individual, and showed the citizen a supposed ‘mugshot’ photograph of the individual. The evidence at trial further showed that in February 2018, Wade renewed his request for information about the location of the wanted person by writing the citizen a note on his official-looking DEA business card and leaving it at the citizen’s residence.
Sentencing has been set for May 9, 2019, before United States District Judge Pamela Pepper. Each of the two counts of conviction carry maximum possible penalties of three years in prison and a fine of up to $250,000, or both.
United States Attorney Krueger stated, “It is critical that citizens be protected from unscrupulous people who would convincingly pretend – as the defendant did in this case – that they are federal law enforcement agents. We are committed to protecting the reputation and integrity of federal law enforcement agents, whose badges are earned, not purchased on the Internet.”
This matter was investigated by the Federal Bureau of Investigation and the Racine Police Department, and prosecuted by Assistant United States Attorneys Julie F. Stewart and Stephen A. Ingraham.
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For additional information contact:
Public Information Officer Dean Puschnig, 414-97-1700
Providence Man Indicted, Arraigned on Firearms ChargesRead the Press Release
PROVIDENCE - A Providence man has been ordered detained in federal custody following his arrest on a grand jury indictment charging him with the illegal sale of a firearm to an out-of-state resident and possessing a firearm with an obliterated serial number.
According to information presented to the Court, it is alleged that on April 9, 2018, Diosvany Cabreja Reynosa, 20, sold an individual a 9mm pistol with an obliterated serial number, and on November 15, 2018, he sold a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) undercover agent, who lives in Massachusetts, a semi-automatic rifle with a drum magazine.
It is alleged that in the first transaction, Reynosa acknowledged to the buyer that he was selling him a firearm with an obliterated serial number. In the second transaction, it is alleged that the ATF undercover agent clearly stated to Reynosa, and that Reynosa was aware, that the buyer was a Massachusetts resident.
According to ATF records, Reynosa is not a federally licensed firearms dealer.
Reynoso was arrested on Tuesday and ordered detained at his arraignment before U.S. District Court Magistrate Judge Lincoln D. Almond. The grand jury indictment was returned on December 13, 2018.
Reynosa’s indictment and arrest are announced by United States Attorney Stephen G. Dambruch, Special Agent in Charge of the Boston Field Division of the Bureau of ATF Kelly D. Brady, and Providence Police Chief Colonel Hugh T. Clements, Jr.
An indictment is merely allegations is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The case is being prosecuted by Assistant U.S. Attorney Milind M. Shah.
The matter was investigated by ATF, the ATF Task Force, and the Providence Police Department, with the assistance of the Pawtucket Police Department.
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Providence Man Indicted on Drug Trafficking, Firearm ChargesRead the Press Release
PROVIDENCE - A Providence man was arraigned today and ordered detained in federal custody on an indictment charging him with trafficking heroin and fentanyl, and for being a felon in possession of a firearm.
Antonio Rivera, 25, was ordered detained by U.S. District Court Magistrate Judge Patricia A. Sullivan at his arraignment in charges of distribution of heroin, distribution of fentanyl, and felon in possession of a firearm.
According to information presented to the Court, it is alleged that on April 27, 2018, Rivera sold an individual 60 grams of heroin, and that on October 23, 2018, he sold a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) undercover agent 8 grams of fentanyl and a semi-automatic rifle with a high capacity magazine.
Rivera’s indictment and arraignment are announced by United States Attorney Stephen G. Dambruch, Special Agent in Charge of the Boston Field Division of the Bureau of ATF Kelly D. Brady, and Providence Police Chief Colonel Hugh T. Clements, Jr.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The case is being prosecuted by Assistant U.S. Attorney Milind M. Shah.
The matter was investigated by ATF, the ATF Task Force, and the Providence Police Department, with the assistance of the Pawtucket Police Department and the Rhode Island State Police High Intensity Drug Trafficking Area Task Force.
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Physician Assistant Sentenced to 10 Years in PrisonRead the Press Release
OAKLAND – David Lague was sentenced to 10 years in prison, and ordered to pay a $5,000 fine and for unlawfully distributing prescription drugs, announced United States Attorney Alex G. Tse, Drug Enforcement Administration Special Agent in Charge Chris Nielsen, and Health & Human Services, Office of Inspector General, Office of Investigations Special Agent in Charge Steven J. Ryan. The sentence was handed down by the Honorable Haywood S. Gilliam, Jr., U.S. District Judge.
On July 24, 2018, a jury found Lague guilty of 39 counts of unlawful distribution of controlled substances, in violation of 21 U.S.C. § 841(a)(1), after a two-week trial. During the trial, evidence showed that Lague intentionally prescribed drugs to five different patients, knowing that the prescriptions were outside the usual course of professional practice and without a legitimate medical purpose. The evidence showed that, on two occasions, a patient asked Lague to double his prescriptions for powerful opioids so that the patient could sell the drugs. Lague not only doubled the prescriptions, he also discussed with the patient how to do it in a way to avoid scrutiny by pharmacies or law enforcement. Lague admitted at trial that he wrote false medical records of those visits in order to cover up what he was doing. The evidence at trial also showed that Lague falsified records as to other patients as well, detailing exams that never took place and indicating that he had reviewed lab work that he never reviewed. An expert who reviewed four of Lague’s patient files found that his handling of those patients was an extreme departure from the standard of care. Further, the evidence at trial showed that, among physicians who prescribed opioids to 50 or more MediCare patients, Lague was the highest prescriber of opioids in California in 2015 and 2016.
“This case represents an important victory for the community in its fight against the diversion of prescription drugs,” U.S. Attorney Tse said. “The medical profession has made great strides in reforming prescribing practices, and the DEA has worked to decrease the total quantities of pills that pharmaceutical companies produce every year, all with the end of decreasing the numbers of powerful opioid pills getting into the hands of vulnerable members of our community,” he continued. “We appreciate and support their combined efforts. At the same time, we will not hesitate to charge and seek the conviction of those few medical professionals who have abandoned all pretense of providing patient care and instead use their power to prescribe for their own personal benefit. David Lague abused his power in this way. He showed no hesitation when asked to provide pills to someone who said he was going to sell them. There can be no greater abuse of the trust the community placed in him when it gave him the ability to prescribe. Lague’s conduct put a stain on the reputations of the thousands of doctors and physician assistants who try their hardest daily to provide compassionate, quality medical care to the patients they see.”
“Most physician assistants generally hold as their primary responsibility the health, safety, welfare and dignity of all human beings. Instead, Mr. Lague placed his own personal interests above protecting public health and safety, when he provided powerful narcotics outside the usual course of practice and without a medical purpose. This criminal behavior jeopardizes lives,” stated DEA Special Agent in Charge Nielsen. “DEA will continue to hold accountable those who engage in this type of illegal conduct.”
“Medical professionals who overprescribe deadly opioids threaten the health and safety of vulnerable individuals across the country,” said Steven J. Ryan, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “OIG along with our law enforcement partners will ensure that corrupt people, like David Lague, pay a heavy price for the criminal prescribing of opioids.”
In addition to the prison term, Judge Gilliam sentenced the defendant to a 3-year period of supervised release following incarceration, a $5,000 fine, and a $3,800 special assessment. Lague was immediately remanded into custody to begin serving his sentence.
The prosecution is the product of an extensive investigation by the Organized Crime Drug Enforcement Task Force, a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state and local law enforcement agencies.
Philadelphia Man Convicted at Trial of Drug Charge and Bribing U.S. Postal CarrierRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that Patrick Walker, 52, of Philadelphia, PA was convicted by a jury today of one count of bribery and one count of attempted possession with intent to distribute marijuana.
In January 2016, the defendant met and began a corrupt relationship with a U.S. mail carrier who delivered packages in Philadelphia. Thereafter, the defendant bribed the mail carrier to agree to divert to the defendant certain packages that had been placed in the U.S. mail. Under their arrangement, the mail carrier would bring certain packages directly to the defendant at various locations, rather than delivering those packages to the address specified on the package. In return, the defendant paid the mail carrier $35 per package.
On or about August 31, 2016, federal law enforcement agents investigating the importation of marijuana to Philadelphia observed and videotaped the mail carrier as he diverted a package to the defendant. During the period between January 10 and February 13, 2017, federal agents seized five packages that contained large quantities of marijuana that were to be diverted by the mail carrier to the defendant, under their corrupt arrangement.
“Bribing a government worker and drug trafficking are both serious crimes,” said U.S. Attorney McSwain. “Patrick Walker had no respect for the law and we are thankful to the jury for holding him accountable for his crimes. He was stopped from further breaking the law by the excellent law enforcement work of the U.S. Postal Service Office of Inspector General, Homeland Security Investigations, and the Pennsylvania Office of the Attorney General.”
The sentencing hearing is scheduled on March 19, 2019, before United States District Judge Gerald I. Pappert. The mail carrier has previously pleaded guilty to accepting bribes from the defendant and is awaiting sentencing.
The case was investigated by the U.S. Postal Service Office of Inspector General, Homeland Security Investigations, and the Pennsylvania Office of the Attorney General, and is being prosecuted by Assistant United States Attorneys Bea Witzleben and Timothy Stengel.
Philadelphia Man Admits Robbing 2 Pittsburgh-area BanksRead the Press Release
PITTSBURGH, Pa. – A former resident of Philadelphia, Pennsylvania, pleaded guilty in federal court on Monday to charges of bank robbery, United States Attorney Scott W. Brady announced today.
Germaine Kelly, 39, pleaded guilty to two counts before United States District Judge Cathy Bissoon. Judge Bissoon scheduled sentencing for May 16, 2019.
In connection with the guilty plea, the court was advised that on July 10, 2015, Kelly robbed the Dollar Bank located in Pleasant Hills, Pa. He presented a demand note for $10,000. The teller gave the defendant $1,115. On July 14, 2015, Kelly robbed the First National Bank in West Mifflin, PA. He presented a demand note for $5,000. The teller gave the defendant $8,370. Each note advised the teller not to place any dye packs or tracking devices with the money. In each note, Kelly also advised the teller to remember teller training and threatened to come back and kill the teller. Fingerprints lifted from the note left at First National Bank matched two of the defendant’s fingerprints. The defendant confessed to robbing both banks.
The law provides for a maximum total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant. Judge Bissoon ordered the defendant to remain detained pending sentencing.
Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Allegheny County Police and the West Mifflin Police Departments conducted the investigation leading to the Indictment in this case through Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Paterson, New Jersey, Woman and Man Sentenced to Prison Terms for Distributing Fake Percocet Pills Containing HeroinRead the Press Release
NEWARK, N.J. – A Passaic County, New Jersey, woman and man were sentenced today to federal prison terms for their respective roles in conspiring to distribute thousands of pills containing heroin in New Jersey, U.S. Attorney Craig Carpenito announced.
Karen Rojas, 28, of Paterson, New Jersey, was sentenced today to 21 months in prison; Juan Vidal, 34, of Paterson, was sentenced on Dec. 18, 2018, to 30 months in prison. Both had previously pleaded guilty before U.S. District Judge William H. Walls in Newark federal court to informations charging them with conspiring to distribute and possess with intent to distribute more than 100 grams of substances containing heroin.
According to documents filed in this case and statements made in court:
At their residence in Paterson, Rojas and Vidal manufactured pills that were made with heroin and that were made to resemble Percocet pills. Vidal used a press to make the pills and Rojas then sold the pills for approximately $5 dollars per pill. Between February 2018 and April 2018, Vidal manufactured, and Rojas sold, thousands of pills that were manufactured by Vidal.
On April 18, 2018, for example, in a recorded transaction, Rojas was asked by a cooperating witness for 100-150 heroin pills. Rojas sold the cooperating witness 40 heroin pills, for approximately $200, and Rojas indicated that Vidal needed to “get supplies,” meaning to purchase more heroin, in order to make additional pills.
In addition to the prison terms, Judge Walls sentenced each defendant to four years of supervised release.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation leading to the sentencings.
The government is represented by Assistant U.S. Attorney Rahul Agarwal, Deputy Chief of the Criminal Division.
Defense counsel: Rojas: Paul Uhlik Esq., Clifton, New Jersey
Vidal: Frank Sciro Esq., PatersonPaterson Police Officer Charged with Conspiring to Violate Civil RightsRead the Press Release
NEWARK, N.J. – A City of Paterson, New Jersey, police officer was arrested today and charged with violating the civil rights of a driver and passenger during a motor vehicle stop, U.S. Attorney Craig Carpenito announced.
Police Officer Matthew Torres, 30, of Paterson, was arrested by federal agents this morning and charged by complaint with conspiring to deprive individuals of civil rights under color of law. Torres is scheduled to have his initial appearance this afternoon before U.S. Magistrate Judge Steven C. Mannion in Newark federal court.
According to documents filed in this case and statements made in court:
Torres and other Paterson police officers, including Eudy Ramos, have without justification stopped and searched motor vehicles and stolen cash and other items from the occupants. The officers sometimes used fake paperwork to trick individuals into believing that the cash seizures and vehicle stops were legitimate.
For example, on Dec. 7, 2017, Torres and Ramos conducted a vehicle stop in Paterson, searched the vehicle, driver, and passenger and placed the driver in one police car and the passenger in the other. The passenger told Torres and Ramos that he possessed two bags of marijuana and $3,100. Ramos took the money, placed it on the backseat of the vehicle and told the passenger that he did not care about the marijuana. Ramos told the passenger that they could not simply let him go because his activity likely had been picked up by Paterson police cameras. Ramos said he and Ramos could take $500 from the passenger, have him sign a piece of paper, and then give that paper to the narcotics division. Ramos then placed a call, purportedly to his superior, and told the passenger that the superior officer said it had to be $800. Ramos took out a piece of white paper, wrote something on it, and told the passenger to sign it. The passenger did not know what was written on the paper. Afterwards, Torres and Ramos released the driver and passenger. According to the passenger, there was $1,000 missing from his original $3,100. Torres and Ramos shared the stolen cash proceeds. They did not report the illegal cash seizure to the Paterson Police Department.
The conspiracy to violate civil rights charge carries a maximum penalty of 10 years in prison and a fine of up to $250,000.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory Ehrie in Newark, with the investigation leading to today’s arrest. He also thanked the Passaic County Prosecutor’s Office, under the direction of Passaic County Prosecutor Camelia M. Valdes, the Paterson Police Department, under the direction of Paterson Police Director Jerry Speziale and Police Chief Troy Oswald, and the Paterson Police Department Office of Internal Affairs, for their assistance in the investigation.
The government is represented by Assistant U.S. Attorney Rahul Agarwal, Deputy Chief of the Criminal Division.