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Monday 5 November 2018
Florida Man Pleads Guilty to Cocaine ChargeRead 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 Josue Vega, 37, of Kissimmee, Florida, pleaded guilty to possession of cocaine with intent to distribute, before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years, and a $1,000,000 fine.
Assistant U.S. Attorney Katelyn Hartford, who is handling the case, stated that on June 2, 2017, and June 15, 2017, the defendant sold 93 grams of cocaine in Rochester. Subsequently, on August 2, 2017, Vega was observed obtaining 31 grams of cocaine with the intent to distribute it to others.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Sentencing is scheduled for February 6, 2019, at 3:00 p.m. before Judge Wolford.
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Final Defendant Sentenced as Part of Operation Rolling ThunderRead the Press Release
Abingdon, VIRGINIA – United States Attorney Thomas T. Cullen announced today that Lelana Long, 37, of Meadows of Dan, Va., was sentenced last week to 121 months of incarceration, bringing to an end this phase of Operation Rolling Thunder, an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Washington Field Division, and local law enforcement in Virginia and North Carolina.
To date, the collaborative effort has resulted in 23 defendants being convicted of charges related to the distribution of methamphetamine and firearms possession in Southwest Virginia and North Carolina.
“As this case indicates, we are committed to working with our federal, state, and local partners to target individuals and organizations who traffic methamphetamine,” U.S. Attorney Cullen stated. “Methamphetamine and firearms are a particularly dangerous and deadly combination, and one that we will not tolerate. I commend the ATF and our local partners in Southwest Virginia for their leadership and persistence in addressing this problem.”
“ATF is committed to ridding American streets of crime, not just in large cities but also in the rural areas that are often hit hardest by the scourge of illegal firearms and drugs,” said ATF Special Agent in Charge Thomas L. Chittum III. “This investigation is a great example of how we work with our law enforcement partners to dismantle criminal organizations and protect the communities they infest. It should serve as a reminder to others that no matter where you are, if you commit a federal crime, we will do everything we can to put you behind bars.”
According to evidence presented at numerous hearings by Assistant United States Attorney Zachary T. Lee, Long was a member of a drug trafficking organization responsible for the transportation of large quantities of methamphetamine from Greensboro, N.C. for distribution in Galax, Va., Grayson County, Va., Carroll County, Va., and Surry County, N.C. Additionally, many of the members of the organization possessed and used firearms to further their drug trafficking activities.
As a result of the investigation, the following defendants have been sentenced:
- Timothy Bowman, 46, of Cana, Va., to 300 months imprisonment for conspiracy to distribute 500 grams or more of methamphetamine and possess a firearm in furtherance of a drug trafficking offense.
- Amy Hoyt, 46, of Mt. Airy, N.C., to 228 months imprisonment for conspiracy to distribute 500 grams or more of methamphetamine and possess a firearm in furtherance of a drug trafficking.
- Grandy Nester, 33, of Pilot Mt., N.C., to 295 months imprisonment for conspiracy to distribute 500 grams or more of methamphetamine and possess a firearm in furtherance of a drug trafficking.
- Sanson P. Rodriguez, 56, of Lexington, N.C., to 264 months imprisonment for conspiracy to distribute 500 grams or more of methamphetamine and possess a firearm in furtherance of a drug trafficking crime.
- Amber Bilyeu,, a.k.a. “Rose” 32, of Mt. Airy, N.C., to 252 months imprisonment for conspiracy to distribute 500 grams or more of methamphetamine.
- Karen Hawks, 45, of Low Gap, N.C., to 262 months imprisonment for conspiracy to distribute 500 grams or more of methamphetamine.
- Walter Sexton, a.k.a. “Butch”, 64, of Galax, Va. to 87 months imprisonment for conspiracy to distribute 500 grams or more of methamphetamine.
- Brittany Cochran, 28, of Fries, Va. to 87 months imprisonment for conspiracy to distribute methamphetamine.
- Annette Freeman, 32, of Cana, Va., to 235 months imprisonment for conspiracy to distribute 500 grams or more of methamphetamine.
- Brad Hunley, 29, of Galax, Va., to 134 months imprisonment for conspiracy to distribute 500 grams or more of methamphetamine.
- Shawanna Phipps, 37, of Independence, Va., to 120 months imprisonment for conspiracy to distribute 50 grams or more of methamphetamine.
- Brian Graff, 33, of Independence, Va., to 120 months imprisonment for conspiracy to distribute 50 grams or more of methamphetamine.
- Riley Alley, 26, of Cana, Va., to 52 months imprisonment for conspiracy to distribute methamphetamine.
- Calvin Jermaine Maxwell, 34, of Galax, Va., to 188 months imprisonment for conspiracy to distribute methamphetamine.
- David Norman, 29, of Galax, Va., to 57 months imprisonment for conspiracy to distribute methamphetamine.
- Jonathan Choate, 34, of Independence, Va., to 240 months imprisonment for conspiracy to distribute 500 grams or more of methamphetamine.
- Kevin Humphries, 38, of Cana, Va., to 120 months imprisonment for conspiracy to distribute 50 grams or more of methamphetamine.
- Jackie Christopher Parsons, 39, of Mouth of Wilson, Va., to 120 months imprisonment for conspiracy to distribute 50 grams or more of methamphetamine.
- Jessilyn Jones, 26, of Independence, Va., to 70 months imprisonment for conspiracy to distribute methamphetamine.
- Vickie Grose, 48, of Galax, Va., to 51 months imprisonment for conspiracy to distribute methamphetamine.
- Stacey Jerome Sawyers, 30, of Galax, Va., to 57 months imprisonment for conspiracy to distribute methamphetamine.
- Travis Brian Anders, 35, of Sugar Grove, Va., to 158 months imprisonment for conspiracy to distribute 500 grams or more of methamphetamine.
The investigation of this case was conducted by the Grayson County Sheriff’s Office, Carroll County Sheriff’s Office, Surry County Sheriff’s Office, Virginia State Police, North Carolina State Bureau of Investigation, Galax Police Department, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Washington Field Division, United States Marshals Service, and the United States Secret Service. Assistant United States Attorney Zachary T. Lee prosecuted the case for the United States.
Federal Law Enforcement Agent Sentenced to Federal Prison for Helping Mexican National with Criminal Record Re-Enter the U.S.Read the Press Release
LOS ANGELES – A special agent with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) has been sentenced to 12 months and one day in federal prison for his conviction on four federal offenses related to assistance he provided to a Mexican national with a criminal record to re-enter the United States and then lying to cover it up.
Felix Cisneros Jr., 44, of Murrieta, an 11-year veteran of ICE who is now on indefinite suspension from the agency, was sentenced by United States District Judge Christina A. Snyder, who said the prison term should deter both the defendant and other law enforcement agents from engaging in criminal conduct.
In April, a jury found Cisneros guilty of four felony counts: conspiracy to aid and assist the entry of an alien convicted of an aggravated felony into the United States, acting as agent of another person in a matter affecting the government, falsification of records in a federal investigation, and making false statements.
According to court documents and the evidence presented to the jury, Cisneros agreed to help a suspected crime figure, Levon Termendzhyan, by facilitating Termendzhyan’s business associate re-enter the United States after traveling to Mexico City in September 2013. Termendzhyan was named in a federal indictment filed in August in the District of Utah that charges him with money laundering.
Termendzhyan’s business associate, Santiago Garcia-Gutierrez, was a lawful permanent resident of the United States, but because of prior criminal convictions and an outstanding warrant for his arrest, he was barred from being legally admitted into the United States upon his return. Two months earlier, United States Customs and Border Protection (CBP) had seized Garcia’s Mexican passport and his “Green Card” when he attempted to enter the United States, but he was paroled in –meaning he was temporarily allowed into the United States – pending the resolution of his criminal case.
As part of the conspiracy, Cisneros persuaded CBP officers to return Garcia’s passport, ensured that Garcia would be allowed to re-enter the United States after the September 2013 trip, and urged CBP to extend Garcia’s parole that allowed him to remain in the United States pending resolution of his immigration status. Cisneros provided assistance to Garcia knowing about his prior convictions. Cisneros also accepted a financial benefit from Garcia, namely, Dodger playoff tickets, for his agreement to use his status as an HSI special agent to intervene with CBP on Garcia’s behalf.
As part of the conspiracy, Cisneros had queried a law enforcement database, which provided him information about Garcia’s prior convictions, as well as information that Garcia was suspected of participating in criminal activities. Cisneros also improperly utilized the database to determine whether federal law enforcement was monitoring Termendzhyan’s activities.
In a sentencing memorandum filed with the court, prosecutors wrote, “After conspiring with Garcia to facilitate Garcia’s travel to and from the United States, [Cisneros] engaged in a series of deceptive acts to conceal both his assistance to Garcia and his knowledge of Termendzhyan’s illicit activities.”
The falsification of records and the false statements charges relate to Cisneros lying about his longstanding relationship with Garcia during a regular background investigation being conducted as part of his employment as an ICE agent.
The case against Cisneros is the product of an investigation by the Federal Bureau of Investigation; the Department of Homeland Security, Office of Inspector General; and the ICE Office of Professional Responsibility.
This case is being prosecuted by Assistant United States Attorneys Patricia A. Donahue, Chief of Trials, Integrity and Professionalism, and Sheila Nagaraj of the Public Corruption and Civil Rights Section.
Federal Fugitive Paul Girard Apprehended on St. Croix without IncidentRead the Press Release
St. Croix, USVI –Federal defendant Paul Girard was apprehended early on Sunday morning on St. Croix by federal and local law enforcement agents. A team comprised of Deputy United States Marshals, DEA, FBI, ATF, and VIPD agents and officers located and arrested Girard without incident. Girard, who recently completed a federal sentence, was indicted by a federal grand jury on charges alleging conspiracy, Hobbs Act robberies, firearms violations, and money-laundering. During the pendency of the fugitive investigation, Crime Stoppers offered up to $ 20,000 for information leading to Girard’s arrest.
The Agencies involved in the investigation included the United States Marshal Service (USMS), Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Virgin Islands Police Department (VIPD), the Virgin Islands Bureau of Corrections (VI BOC), Homeland Security Investigations (HSI), the United States Attorney’s Office (USAO), Customs and Border Protection (CBP), United States Coast Guard (USCG), and Crime Stoppers USVI. Federal authorities expressed appreciation for citizen cooperation and assistance in this matter.
United States Attorney Shappert reminds the public that an indictment is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty.
Federal Court Holds West Palm Beach Tax Preparer in ContemptRead the Press Release
On Friday, November 2, 2018, a federal court in West Palm Beach, Florida, held that Renel Herard violated a permanent injunction entered against him on October 18, 2016, which barred him from preparing, filing, or assisting in the preparation or filing of federal tax returns for others.
In March 2017, following an investigation of Herard’s activities, the United States filed a Motion for Order to Show Cause asking the court to hold Herard in civil contempt based on evidence that he was assisting a business located three doors down from his own to prepare returns for his former customers in violation of the injunction against him. That investigation was undertaken by the Tax Division as part of its effort to monitor the conduct of return preparers who have been enjoined from preparing returns, and hold those who have continued to do so accountable for violating that ban.
Faced with the evidence against him, Herard admitted that he assisted others to prepare returns in 2017 and agreed to reimburse the United States for the cost of its investigation into his activities. Based on those admissions, the U.S. District Court for the Southern District of Florida found that Herard violated the injunction entered in October, 2016, and held him in civil contempt. For that contempt, the court ordered Herard to pay the United States $52,654 to reimburse the government for the costs that it incurred to investigate Herard’s post-injunction conduct.
Additionally, the court further enjoined Herard from maintaining any interest in, working at, or providing any direct or indirect assistance to an individual or entity that provides tax preparation services.
The injunction barring Herard from preparing tax returns remains in effect, and the court authorized the United States to continue to monitor his compliance with its orders.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers and tax scheme promoters. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found here. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Defendants in Elite Motors racketeering scheme sentenced in federal courtRead the Press Release
Charged with Conspiracy to Commit Racketeer Influenced and Corrupt Organization (RICO)
PRESS RELEASE
Indianapolis – United States Attorney Josh J. Minkler announced today that four of the lead defendants in a racketing scheme have been sentenced in federal court by U.S. District Judge William T. Lawrence.
Mohamed Noshi Mahmoud, a/k/a Noshi 41, Fishers, 70 months’ imprisonment
Mahdi Khelifi, 26, Indianapolis, 75 months’ imprisonment
Hamzi Dridi, a/k/a Alex, 28, Indianapolis, 72 months’ imprisonment
Issa Kayyali, 30, Indianapolis, 35 months’ imprisonment
“Elite Imports was used as a sanctuary to perpetrate three separate, but interrelated fraud schemes causing financial and untold loss to corporate America and individual victims,” said Minkler. “These defendants abused processes in place that would allow citizens with largely subprime credit to get back on their feet through legitimate vehicle sales.”
Mohamed Noshi Mahmoud (Noshi) was the principal leader and manager of Elite Enterprise which operated two used car dealerships and several “shell” companies in Indianapolis. Noshi directed other members and associates of the enterprise to engage in activity that assisted him in carrying out unlawful acts. Khelifi was a managing sales associate involved in the day-to-day operations of the dealership, Kayyali was a sales associate and Dridi was the service manager and mechanic in charge of the chop shop the dealership used to disassemble vehicles that were oftentimes reported stolen.
According to court documents, Noshi and the other Elite managers engaged in three separate but interlocking fraud schemes on behalf of the business enterprise. The first was to procure fraudulent documents and submit them to lending and financial institutions to underwrite the purchase of cars, trucks and motorcycles on behalf of Elite’s customers. The documents included social security numbers, dates of birth and paystubs from the shell companies Elite employees or associates created.
The second scheme was a conspiracy to defraud insurance carriers by submitting false claims of stolen vehicles. The defendants allegedly claimed that certain vehicles were damaged or stolen, thereby causing the insurance carriers to release claim money to the policy and lien holder benefitting Elite. In many cases stolen vehicles and/or parts were located in the chop shop storage unit leased by Noshi.
The third scheme involved theft from specialty financing companies who gave Elite short-term financing and lines of credit for vehicles in inventory. These specialty financing companies were defrauded through a series of steps including false representations made by Elite management.
The case was investigated through a collaborative partnership between federal, state, and local officials. The investigation was led by the Federal Bureau of Investigation, the United States Postal Inspection Service, U.S. Social Security, OIG, the Lawrence Police Department (Indiana), and the Indianapolis Metropolitan Police Department, with assistance provided by the Indiana Secretary of State, Auto Division and the Indiana Attorney General Consumer Fraud Division.
“These sentences send a very clear message that illegal business practices won’t be tolerated,” said Grant Mendenhall, Special Agent in Charge of the FBI’s Indianapolis Division. “The FBI and our law enforcement partners will not look the other way when individuals attempt to defraud the hard working residents of Indiana.”
The case was prosecuted by Assistant United States Attorneys Cynthia J. Ridgeway and Kristina M. Korobov.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the Office’s firm commitment to prosecuting those who commit large-scale fraud schemes that exploit vulnerable victims. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 5.1
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Defendant in $1.1 Million Nationwide Fraud Scheme Targeting Casinos and Credit Card Companies Is SentencedRead the Press Release
SACRAMENTO, Calif. — Vivian Wang, 55, of Alpharetta, Georgia, was sentenced today by U.S. District Judge Kimberly J. Mueller to two years in prison for wire fraud related to a nationwide casino and credit card fraud scheme and aggravated identity theft, U.S. Attorney McGregor W. Scott announced.
According to court documents, between August 2008 and August 2014, Wang participated in a scheme to defraud casinos and credit card companies across the country. The scheme involved using false identities in the names and Social Security numbers of migrant workers to apply for casino credit called “markers” and to open credit card accounts. A marker is a cash advance provided by a casino to a patron, and it is often secured by a check from the patron’s bank account.
Wang, working in concert with her co-defendant, Frank Luo, initially timely repaid several markers at different casinos and several credit cards in order to give the impression of creditworthiness to future casinos and credit card companies. Wang and Luo recruited “clients” to the scheme to induce the casinos and credit card companies to part with even more money under fraudulent pretenses.
Wang and her co-schemers coordinated their gambling activity in order to give the appearance of losing money (and thereby encouraging the casinos to issue future markers) when in fact one schemer would “lose” money while another would gain the same. In other instances, one schemer would surreptitiously deliver the issued gambling chips to another in order to give the appearance of having spent them. At the end of the scheme, Wang and her co-schemers did not repay the casino markers or the significant outstanding credit card balances accrued in a short amount of time once creditworthiness had been established. The combined fraud led to over $1.1 million in losses to casinos and credit card companies.
Wang used an Illinois state identity card in the name of a particular migrant worker to achieve various parts of the scheme, including presentation of that identification at a Placerville-area casino in August 2013 to obtain a $30,000 marker.
This case was the product of an investigation by the Federal Bureau of Investigation and the California Department of Justice’s Bureau of Gambling Control. Assistant United States Attorney Matthew M. Yelovich prosecuted the case.
Luo was sentenced to three years in prison.
Court of Appeals Affirms Conviction of Massachusetts Man Sentenced to 33 Months in Prison for StalkingRead the Press Release
CONCORD – The U.S. Court of Appeals for the First Circuit affirmed the conviction of David Ackell, 49, of Seekonk, Massachusetts, for using facilities in interstate commerce to stalk a female resident of New Hampshire, announced United States Attorney Scott W. Murray.
Ackell was found guilty of the offense after a four-day jury trial in December 2016. Ackell will now serve a 33-month federal prison sentence that was imposed in July of 2017. He will serve his sentence at a facility designated by the Federal Bureau of Prisons.
According to the evidence presented during the trial, Ackell sent an on-line private message to the victim when she was 16 years old. Thereafter, the victim agreed to send photographs of herself to Ackell because Ackell repeatedly promised that he would not save them. Several months later, Ackell persuaded the victim to send partially nude photographs of herself to him. After the victim turned 18, she repeatedly told Ackell that she wanted to end their relationship. Ackell prevented this from happening by, among other things, threatening to send the victim’s photographs to her family and friends. He also told the victim that if she ended their relationship, a 14-year-old girl would be raped.
In appealing his conviction, Ackell argued, among other things, that the federal stalking statute was a violation of the freedom of speech under the First Amendment to the United States Constitution and that the evidence present by the government was insufficient. In a unanimous decision, the First Circuit Court of Appeal rejected these arguments. In rejecting the First Amendment claim, the Court wrote that the federal stalking statute "does not, on its face, regulate protected speech or conduct that is necessarily intertwined with speech or expression." Pertaining to the sufficiency of the evidence against Ackell, the Court remarked that "the evidence provided a substantial basis for a rational [jury] to conclude beyond a reasonable doubt" that Ackell stalked the victim in violation of federal law.
“I am grateful that the U.S. Court of Appeals has agreed that Ackell’s egregious conduct was a violation of federal law,” said U.S. Attorney Murray. “He will serve a well-deserved federal prison sentence. I hope that this result provides some comfort to the victim who was stalked by this defendant.”
"Mr. Ackell used the internet to exploit, threaten, and extort his victim, without remorse or accountability for his actions,” said Harold H. Shaw, Special Agent in Charge of the FBI Boston Division. “We'd like to thank her for her bravery and courage in coming forward to report his criminal behavior, in the hopes that other children wouldn't be exploited in the same way. The protection of our children from depraved predators, who make online threats or exploit our most vulnerable, will continue to be a top priority for the FBI."
The Federal Bureau of Investigation, the Hancock, New Hampshire Police Department, and the Seekonk, Massachusetts Police Department investigated the case.
At trial, Assistant United States Attorneys Helen White Fitzgibbon and Robert Kinsella represented the government. Assistant United States Attorney Seth R. Aframe represented the government in the Court of Appeals.
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Cleveland man arrested and charged with firearms violationsRead the Press Release
A Cleveland man was arrested and charged with firearms violations in federal court.
Ahmed Williams, 37, was charged with one count of being a felon in possession of ammunition and one count of unlawful possession of a firearm. Williams possessed five .410 shotgun cartridges and a modified flare gun on Oct. 26, despite a previous conviction for attempted felonious assault.
Williams was arrested on Oct. 26 when he went to the Cleveland Clinic Children’s Rehabilitation Department, where his child was a patient. Williams told workers at the Cleveland Clinic that “people were out to kill him” and making unusual statements about the FBI, police officers and other topics, according to an affidavit filed in the case.
Williams denied having a firearm, but later said he had a firearm concealed in his pants. Cleveland Clinic police officers retrieved a HK Sig P2 flare fun as well as five .410 shotgun cartridges. Williams agreed to be transported to the Cleveland Clinic Emergency Department for an evaluation, according to the affidavit.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Cleveland Clinic Police Department. It is being prosecuted by Assistant U.S. Attorney Robert J. Patton.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than maximum.
A charge is only an allegation and not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Charleston Man Sentenced to Prison for Heroin and Gun ChargesRead the Press Release
CHARLESTON, W.Va. – A Charleston man caught selling heroin within 1000 feet of Stonewall Jackson Middle School and possessing a firearm in January 2017 was sentenced today to 48 months in prison, announced United States Attorney Mike Stuart. Stuart commended the efforts of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Charleston Police Department.
“A parent’s worst nightmare,” said United States Attorney Mike Stuart. “We will not tolerate gun-toting drug dealers peddling their poisons near our schools. We are working every day to lock up drug dealers like Stevenson.”
On January 4, 2017, agents with the ATF and the Charleston Police Department Special Enforcement Unit used a confidential informant to make a controlled buy of heroin from Dana Stevenson. The buy occurred in the vicinity of the Kentucky Fried Chicken near Washington Street in Charleston. The location was within 1000 feet of Stonewall Jackson Middle School. The defendant provided the informant with suspected heroin.
On January 18, 2017, officers conducted a search warrant at Stevenson’s residence and recovered a Glock .40 caliber firearm. Stevenson was prohibited from possessing any firearm under federal law because he had been convicted in 2014 in Kanawha County, West Virginia for wanton endangerment.
Assistant United States Attorney Stephanie S. Taylor prosecuted the case. United States District Judge Goodwin imposed the sentence.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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###Champaign Man Sentenced to Eight Years in Prison for Distribution, Possession of Child PornographyRead the Press Release
URBANA, Ill. – A Champaign, Ill., man, Jaime Breckenridge, 34, of the 2200 Block of S. First Street, was sentenced today on charges of distribution and possession of child pornography, as announced by U.S. Attorney John C. Milhiser, Central District of Illinois. U.S. District Chief Judge James E. Shadid ordered Breckenridge to serve 96 months (8 years) in federal prison. In addition, Breckenridge was ordered to pay restitution in the amount of $3,000 to a victim of the offense.
On March 28, 2018, Breckenridge entered a plea of guilty to both offenses as charged in the indictment which was returned by the grand jury in September 2017.
Breckenridge was arrested on Aug. 5, 2017, in Marion, Ill., after being charged in a federal criminal complaint with the same offenses. During a court appearance on Aug. 7, 2017, before U.S. Magistrate Reona J. Daly, in Benton, Ill., Breckenridge was ordered detained in the custody of the U.S. Marshals Service.
The case was prosecuted by Assistant U.S. Attorney Elly M. Peirson. The charges are the result of an investigation by the Federal Bureau of Investigation.
The case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
California Man Sentenced on Firearm ChargesRead the Press Release
CONCORD – United States Attorney Scott W. Murray announced that Tyler J. Hughes, 25, of California and formerly a Petty Officer in the United States Coast Guard stationed in Massachusetts, was sentenced to time served for making false statements during the purchase of a firearm. Hughes also agreed to forfeit five firearms and ammunition.
According to court documents and statements made in court, on three separate occasions: January 20, 2017, October 22, 2017 and November 21, 2017, Hughes purchased a firearm from a federally licensed firearms dealer in New Hampshire. During each purchase, Hughes completed ATF Form 4473 and falsely claimed that he lived in New Hampshire in order to purchase the firearms. Hughes never lived in New Hampshire.
Hughes previously pleaded guilty to three counts of making false statements during the purchase of a firearm on July 10, 2018.
“As part of Project Safe Neighborhoods, we work with our law enforcement partners to enforce our nation’s gun laws,” said U.S. Attorney Murray. “By enforcing our gun laws and taking other steps to prevent violent crime, we will improve public safety for all of our citizens.”
The matter was investigated by the United States Coast Guard Investigative Service, the New Hampshire State Police DMV Task Force and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant United States Attorney Debra M. Walsh prosecuted the case.
The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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Buffalo Man Sentenced on Cocaine ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Jesus Rojas, 32, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, cocaine and crack cocaine, was sentenced to serve 36 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that between October 27, 2016, and October 23, 2017, the defendant on five separate occasions sold cocaine to a confidential source working with law enforcement officers. On January 5, 2017, a search warrant was executed at Rojas’s residence on Military Road in Tonawanda. Officers seized over 25 grams of marijuana and a digital scale. A second search warrant was executed on October 23, 2017, and officers seized another quantity of marijuana.
Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
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Buffalo Man Sentenced on Cocaine ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Levon Dickson, 44, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, cocaine, was sentenced to serve 60 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that between June and August of 2017, the defendant distributed more than 500 grams of cocaine in the Western District of New York. Specifically, on three occasions, Dickson sold cocaine to an undercover law enforcement officer. On August 3, 2017, a search warrant was executed at the defendant’s residence and officers recovered cocaine and items used to distribute cocaine.The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
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Boise Man Sentenced to 30 Months in Prison for Access with Intent to View Child PornographyRead the Press Release
BOISE – Jose Luis “Joey” Sanchez, 39, of Boise, was sentenced Thursday in U.S. District Court in Boise to 30 months in prison followed by ten years supervised release, for access with intent to view child pornography, U.S. Attorney Bart M. Davis announced.
According to court records, between November 2015 and January 2016, agents with Homeland Security Investigations (HSI) observed Sanchez logging into an online video conferencing application chatroom multiple times, where users were posting and viewing images of child pornography. Detectives with the Internet Crimes Against Children (ICAC) Task Force served a search warrant at Sanchez’s residence and seized his laptop computer. ICAC detectives also interviewed Sanchez, where he admitted to logging into the chatroom, observing child pornography, and later returning to the chatroom. Detectives found evidence on Sanchez’s computer showing that he accessed the chatroom and communicated with other users about his sexual interest in children and locations where child pornography could be viewed.
Chief U.S. District Court Judge B. Lynn Winmill also ordered Sanchez to forfeit the laptop computer used in the commission of the charged offense. As a result of his conviction, Sanchez will be required to register as a sex offender.
This case was investigated by the Idaho Internet Crimes Against Children (ICAC) Task Force and Homeland Security Investigations. The 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. As part of Project Safe Childhood, the United States Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
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Biopharmaceutical Employee Sentenced for Insider TradingRead the Press Release
BOSTON – An employee of a Cambridge-based biopharmaceutical company was sentenced today in federal court in Boston for engaging in an insider trading scheme.
Schultz “Jason” Chan, 54, of Newton, the Director of Biostatistics at a Cambridge-based biopharmaceutical company, was sentenced by U.S. District Court Judge Indira Talwani to three years in prison and one year of supervised release. Judge Talwani also ordered the defendant to either pay a fine or forfeiture of $65,000 and restitution to be determined at a later date. In July 2018, Chan was convicted by a federal jury of one count of conspiracy to commit securities fraud and three counts of securities fraud. Co-defendant Songjiang Wang, 54, of Westford, the Director of Statistical Programming at a different biopharmaceutical company, was convicted during the same trial of one count of conspiracy to commit securities fraud and two count of securities fraud. Wang is scheduled to be sentenced on Nov. 13, 2018.
From August 2013 to September 2015, Wang and Chan, who were friends, conspired to commit securities fraud by trading insider information regarding successful clinical drug trials at their respective companies. Specifically, Wang traded on inside information Chan provided regarding a clinical study conducted by Chan’s employer. In addition, over a period of several months, Wang tipped Chan of clinical trial results of a Phase 3 clinical trial being conducted by his employer. Furthermore, Wang gave Chan cash, which Chan used to purchase stock shares of Wang’s employer. Chan subsequently sold those shares and paid back Wang.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division, made the announcement today. The United States Attorney’s Office received valuable assistance from the Securities and Exchange Commission. Assistant U.S. Attorney Jordi de Llano, Deputy Chief of Lelling’s Securities and Financial Fraud Unit, and Assistant United States Attorney Kriss Basil, also of the Securities and Financial Fraud Unit, are prosecuting the case.
Atlantic County, New Jersey, Therapist Charged with Assault-For-Hire PlotRead the Press Release
CAMDEN, N.J. – A Somers Point, New Jersey, woman has been charged with planning the assault of a North Attleboro, Massachusetts, man, U.S. Attorney Craig Carpenito announced today.
Diane Sylvia, 58, is charged by criminal complaint with one count of solicitation to commit a crime of violence. She is scheduled to appear today before U.S. Magistrate Judge Karen M. Williams in Camden federal court.
According to documents filed in this case and statements made in court:
On Sept. 24, 2018, an individual contacted the FBI. The individual is a former member of an organized criminal gang who sought therapy from Sylvia, a licensed clinical social worker who provides mental health counseling at an office in Linwood, New Jersey. Knowing the patient’s past history with this violent gang, Sylvia allegedly asked the individual to conspire to kill a man who resides in Massachusetts, whom Sylvia said had been bilking her for money over the years. The individual alerted law enforcement to Sylvia’s plans and discontinued therapy with her.
In early October, at the direction of law enforcement officials, the individual introduced Sylvia to a purported hitman, who was in reality an undercover FBI agent. Sylvia told the undercover FBI agent that she did not want the Massachusetts man killed; she wanted him beaten and permanently disfigured. Sylvia said, “He needs his pretty little face bashed in, that’s what I really want.” She later added that “a broken arm would help, too,” explaining that “all he has is, like, his big muscles and his cute face.” She later repeated, “I really just want his face punched in, I swear to God. And his arm broken, that’s what I want.” When the undercover agent asked why Sylvia wanted to do this, she claimed the man “ended up with some stuff on me that he was gonna report me to the licensing board, which means I have no job.” When asked how assaulting this man would help Sylvia, she replied, “It’s just gonna make me feel better” and “it’s the only way I can get him back.”
The undercover agent advised Sylvia to purchase a pre-paid phone to communicate with him about the assault, which she did. Sylvia arranged two more meetings with the undercover FBI agent, all at her office. During one of the meetings, Sylvia clarified how she wanted the intended victim assaulted: “Something that makes him not so cute”—while making a slashing motion on her cheek—“something so he can’t do push-ups, so he can’t work out.” During the last two meetings, Sylvia paid the undercover FBI agent a total of $5,000 cash to carry out the assault plan.
The solicitation of a crime of violence charge carries a statutory maximum of five years in prison and $250,000 fine.
U.S. Craig 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 charges. He also thanked the Atlantic County Prosecutor's Office, the Atlantic County Sheriff's Office, the Department of Labor-Office of Inspector General, the N.J. Department of Human Services Police, the N.J. State Police, and the Northfield Police for their roles in the investigation.
The government is represented by Assistant U.S. Attorney Alyson M. Oswald of the U.S. Attorney’s Office in Camden.
The charges and allegations in the complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.
Defense counsel: Michael Paulhus Esq., Toms River
Assistant United States Attorneys to Serve as District Election Officers for Seven Counties during November 6 General ElectionRead the Press Release
LOS ANGELES – United States Attorney Nicola T. Hanna announced today that Assistant United States Attorneys Erik M. Silber and Lindsey Greer Dotson will serve as the District Election Officers during Tuesday’s general election and will lead the local efforts in connection with the Justice Department’s nationwide Election Day Program.
As the District Election Officers, AUSAs Dotson and Silber will be responsible for overseeing the handling of complaints related to election fraud and voting rights abuses. If complaints are received, the AUSAs will coordinate with the FBI Field Office in Los Angeles and will consult with the Justice Department in Washington.
AUSAs Silber and Dotson will serve as the District Election Officers for the Central District of California, which includes the counties of Los Angeles, Orange, Riverside, San Bernardino, Ventura, Santa Barbara and San Luis Obispo.
The Justice Department has an important role in deterring election fraud and discrimination at the polls, and will combat these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and seeks to ensure public confidence in the integrity of the election process, by providing local points of contact within the Justice Department for the public to report possible election fraud and voting rights violations while the polls are open on Tuesday, November 6.
Federal law protects against crimes such as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.
Federal law also contains special protections for the rights of voters and provides that they can vote free from intimidation or harassment. For example, actions designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The FBI will have special agents available across the country to receive allegations of election fraud and other election abuses on Election Day. Agents at the FBI’s Los Angeles Field Office, which serves the same seven counties as the United States Attorney’s Office, can be reached by the public at (310) 477-6565.
In order to respond to complaints of election fraud or voting rights abuses on November 6 and to ensure that such complaints are directed to the appropriate authorities, AUSAs Dotson and Silber will be on duty while the polls are open. Members of the public can reach them at the United States Attorney’s Office by calling (213) 894-2400.
On Election Day, the Justice Department’s Civil Rights Division staff members will be available all day by telephone to receive complaints from the public related to possible violations of the federal voting rights laws (1-800-253-3931 or TTY 202-305-0082). In addition, individuals may also report complaints by fax to 202-307-3961, by email to [email protected], and by a complaint form on the Department’s website: www.justice.gov/crt/votercomplaint.
Complaints related to disruption at a polling place should always be reported immediately to local election officials, including officials in the polling place. Complaints related to violence, threats of violence or intimidation at a polling place should be reported immediately to local police authorities by calling 911. These complaints should also be reported to the Justice Department after local authorities have been contacted.
Last week, the Department of Justice provided information about its efforts through the Civil Rights Division and Criminal Division to ensure that all qualified voters have the opportunity to cast their ballots and have their votes counted free of discrimination, intimidation or fraud in the election process.
Assistant U.S. Attorney Megan Miller will lead the efforts of the office in connection with the Justice Department’s nationwide Election Day programRead the Press Release
United States Attorney Justin E. Herdman announced today that Assistant U.S. Attorney Megan Miller will lead the efforts of the office in connection with the Justice Department’s nationwide Election Day program for the upcoming November 6, 2018, general election.
AUSA Miller has been appointed to serve as the District Election Officer for the Northern District of Ohio and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
“Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud,” Herdman said. “The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Herdman stated that AUSA Miller will be on duty in this District while the polls are open. She can be reached by the public at the following telephone number: 216-622-3855.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 216-522-1400.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
Herdman said: “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
Saturday 3 November 2018
Jury Returns Conviction on Felony Assault on Federal Officer ChargesRead the Press Release
SAN DIEGO, CA – On Wednesday, October 31, 2018, a jury found defendant Carlos Miranda-Alonso guilty of felony assault on a federal officer, in violation of 18 U.S.C. § 111(a)(1), and felony assault on a federal officer with a dangerous weapon, in violation of 18 U.S.C. § 111(b). The defendant separately pleaded guilty to being an alien who knowingly eluded examination and inspection by immigration officers, in violation of 8 U.S.C. § 1325(a)(2), a misdemeanor.
According to the evidence presented at trial, the defendant illegally entered the United States on May 10, 2018 by crawling under the International Boundary Fence. He then spent several hours making his way north before a U.S. Border Patrol Agent stopped the defendant while he was walking out of a protected wildlife estuary and onto a walking path near the Tijuana Estuary Visitor’s Center in Imperial Beach, California.
When the Border Patrol Agent attempted to handcuff the defendant, the defendant swung his arm, hitting the Agent and breaking his grasp. The defendant then ran several hundred yards into the estuary and for the next several minutes resisted the Agent’s attempts to capture him by striking the Agent’s arms. When the Agent managed to get the defendant to the ground, the defendant picked up a section of 4x4 wooden fence post, stood up, and swung it at the Agent. The Defendant dropped the post after the Agent drew his firearm; no shots were fired. After approximately 15 minutes, the defendant was apprehended by several other Border Patrol Agents who had arrived on the scene to assist.
“United States Border Patrol agents put their lives on the line every single day to protect our borders,” said U.S. Attorney Adam L. Braverman. “This office will vigorously pursue justice against those who engage in violence against agents carrying out that critical mission.”
“The safety and well-being of the federal law enforcement officers protecting our nation’s borders are a priority for the Federal Bureau of Investigation,” said John Brown, FBI Special Agent in Charge. “As shown in today’s conviction, we will fully investigate and bring to justice those who assault officers while carrying out their daily duties in order to keep our country safe.”
“I would like to thank the U.S. Attorney’s Office and the Federal Bureau of Investigation for ensuring acts of violent aggression against Border Patrol Agents will not be tolerated. I am also grateful for the jury’s just decision finding this defendant guilty,” said Chief Patrol Agent Rodney S. Scott. “Assault a U.S. law enforcement officer: expect to be held accountable.”
The sentencing is scheduled for January 22, 2019 at 9:00 a.m. in front of Judge William Q. Hayes.
Department of Justice 2018 Election Security Fact SheetRead the Press Release
In anticipation of the upcoming midterm elections on November 6, 2018, the Department of Justice today provided information about its efforts through the Civil Rights Division, the Criminal Division, the National Security Division, and the FBI to assist state and local jurisdictions in ensuring that all qualified voters have the opportunity to cast their ballots and have their votes counted free of discrimination, intimidation or fraud in the election process.
“The Department of Justice and its component agencies protect our democratic process year-round,” said Attorney General Jeff Sessions. “During election season, we put in place additional security awareness and monitoring measures with our federal, state, and local partners to ensure the securest possible settings for our elections. Any attempts to interfere or subvert our democratic process by foreign or domestic entities will be met with severe consequences. The American people can be confident that their voices will be heard.”
Complaints related to violence, threats of violence, or intimidation at a polling place should always be reported immediately to local authorities by calling 911. They should also be reported to the Department of Justice after local authorities are contacted.
Below is a list of recent and ongoing action the Department of Justice has undertaken to ensure election security. The Department of Justice works year-round to ensure free and fair elections for all Americans.
Department of Justice’s Election Day Watch Program
In order to strengthen election security efforts, the Department of Justice and the FBI will host a live Election Day Watch at the FBI’s Strategic Information and Operations Center. President Trump outlined the Administration’s efforts to protect the elections from foreign interference in a Sept. 12 announcement.
Civil Rights Division
On Nov. 6, the Civil Rights Division will implement a comprehensive program to help protect the right to vote that will include the following:
- The Civil Rights Division will conduct monitoring in the field at polling places around the country.
- Civil Rights Division staff in Washington, D.C., will be ready to receive election-related complaints of potential violations relating to any of the federal statutes the division enforces. The division will take appropriate action and will coordinate with other entities within the Department of Justice concerning these complaints before, during, and after Election Day.
- Civil Rights Division staff will be available to receive complaints related to voting by telephone (1-800-253-393 or 202-307-2767) or by TTY (202-305-0082), by fax (202-307-3961), by email ([email protected]), and by complaint form on the Department of Justice’s website at https://www.justice.gov/crt/voting-section.
For more information on the Justice Department's efforts to protect the right to vote and prosecute ballot fraud, see here and here.
Criminal Division
On Nov. 6, the U.S. Attorneys’ Offices will work with specially trained FBI personnel in each district to ensure that complaints from the public involving possible voter fraud are handled appropriately. Specifically:
- In consultation with federal prosecutors at the Department of Justice’s Public Integrity Section in Washington, D.C., the District Election Officers in U.S. Attorneys’ Offices, FBI officials at Headquarters in Washington, D.C., and FBI special agents serving as Election Crime Coordinators in the FBI’s 56 field offices will be on duty while polls are open, to receive complaints from the public.
- Election-crime complaints should be directed to the local U.S. Attorney’s Office or the local FBI office. A list of U.S. Attorneys’ Offices and their telephone numbers can be found at https://www.justice.gov/usao/find-your-united-states-attorney. A list of FBI offices and accompanying telephone numbers can be found at https://www.fbi.gov/contact-us/
- Department of Justice Public Integrity Section prosecutors are available to consult and coordinate with the U.S. Attorneys’ Offices and the FBI regarding the handling of election-crime allegations.
For more information on the Criminal Division’s efforts to fight election crime, see here and here.
National Security Division
On Nov. 6, National Security Division attorneys will participate in interagency Election Day sync meetings to ensure that the Department of Justice is aware of the latest information from the Intelligence Community, to secure necessary authorizations from Department leadership in the event of a federal response, and to coordinate any interagency response.
In addition, lawyers from the National Security Division’s Counterterrorism Section and Counterespionage Section will be co-located at the FBI’s national monitoring Command Post (CP) at the Strategic Information and Operations Center (SIOC) at FBI Headquarters to provide operational guidance to local U.S Attorney’s Office and FBI field offices in the event of any election-related incident involving international or domestic terrorism, malicious cyber activities, or other threats to national security.
For more information on the National Security Division’s Counterterrorism Section, see here.
Report of The Attorney General’s Cyber Digital Task Force
On July 19, 2018, Deputy Attorney General Rod Rosenstein formally issued the Report of The Attorney General’s Cyber Digital Task Force in response to the establishment of the Cyber Digital Task Force by Attorney General Jeff Sessions in February of 2018. The report addresses the Department of Justice’s efforts to address cyber-enabled threats, including malign foreign influence operations that target U.S. elections. The Deputy Attorney General’s full remarks at the Aspen Security Forum can be found here.
Friday 2 November 2018
Wisconsin Woman Sentenced to Prison for Role in Monroe County Heroin ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced that Catherine Abbey, age 34, formerly of Saw Creek, Pennsylvania, who now resides in Wisconsin, was sentenced today by Senior U.S. District Court Judge James M. Munley to serve one year in prison for her role in a heroin and cocaine trafficking conspiracy based in Monroe County.
According to United States Attorney David J. Freed, Abbey previously admitted to participating in the drug conspiracy headed by Eddie Pace, which operated in Monroe County between 2012 and 2015. Abbey admitted to obtaining between 80 and 100 grams of heroin (which is equivalent to between 3,000 and 4,000 retail bags of heroin) in Paterson, New Jersey, on several occasions and transporting it to Pace in Monroe County. Pace and others distributed the drugs to customers in the Monroe County area.
Abbey was indicted by a federal grand jury in March 2015. All seven members charged in the indictment have entered guilty pleas. Daryl Trent was sentenced to 90 months in prison. Anton Woodson received a 63-month prison sentence. Shawnette Isaac was sentenced to 30 months in prison. Eddie Pace, the leader of the drug ring, and two other co-conspirators are awaiting sentencing.
Judge Munley ordered Abbey to serve three years on supervised release following her prison sentence.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and local police from Monroe County. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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West Boylston Man Sentenced for Methamphetamine ConspiracyRead the Press Release
BOSTON – A West Boylston man was sentenced today in federal court in Worcester for his role in a methamphetamine conspiracy.
Brian Zukowski, 36, was sentenced today to 28 months in prison, three years of supervised release, and ordered to pay forfeiture of $4,850. In January 2018, Zukowski pleaded guilty to conspiring to distribute methamphetamine and to possess methamphetamine with intent to distribute.
In 2016 and 2017, Zukowski purchased methamphetamine from various suppliers for his own use and for resale to others, including individuals in Massachusetts and Florida, where Zukowski spent a significant amount of time. Zukowski also conspired with a Worcester man to obtain methamphetamine in Texas to be shipped back to New England and Florida, and he conspired with a Worcester man regarding the shipment of methamphetamine from Las Vegas to Massachusetts.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. Assistant U.S. Attorney Bill Abely of Lelling’s Worcester Branch Office prosecuted the case.
Verona, New Jersey, Man Sentenced to 22 Months in Prison for Illegal Possession of Multiple Guns, Including Replica He Turned into Machine GunRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, man was sentenced today to 22 months in prison for possessing three guns as a previously convicted felon, including a replica Thompson submachine gun that he modified into a working automatic firearm, U.S. Attorney Craig Carpenito announced.
David Lutter, 69, of Verona, New Jersey, previously pleaded guilty before U.S. District Judge Esther Salas to an indictment charging him with one count of possessing three firearms as a previously convicted felon. Judge Salas imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
In January 2017, Lutter met with an undercover agent from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF-E) and negotiated the sale of a functioning Thompson submachine gun. The gun had originally been a replica, but Lutter had modified it with real gun parts to convert it into a functioning automatic firearm, which, according to Lutter, could fire 20 to 25 bullets per second. Lutter had also equipped it with what he called a “rock-and-roll switch,” which could toggle between semi-automatic and automatic mode.
Lutter sold the undercover agent the submachine gun, a .32-caliber revolver, and 100 rounds of ammunition for $525. A few months later, in May 2017, Lutter sold the undercover agent a .45-caliber semi-automatic pistol, bullets, and gun parts for $500. When Lutter was arrested in June 2017, law enforcement searched a storage facility he rented and recovered several hundred additional bullets and firearm parts. All three firearms and the recovered ammunition are in the possession of law enforcement.
At no time was Lutter licensed to sell firearms and was prohibited from possessing them due to his 1993 felony conviction for sexual assault of a minor.
In addition to the prison term, Judge Salas sentenced Lutter to two years of supervised release.U.S. Attorney Carpenito credited special agents of the ATF Newark Field Division, under the direction of Special Agent in Charge John B. DeVito, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Jason S. Gould of the Opioid Abuse Prevention and Enforcement Unit of the U.S. Attorney’s Office in Newark.
Defense counsel: Kevin Carlucci Esq., Assistant Federal Public Defender, Newark
Vallejo Business Owner Sentenced for Multimillion Dollar Mortgage and Foreclosure Rescue Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — Sergio Roman Barrientos, 64, of Poway, was sentenced today by U.S. District Judge Garland E. Burrell Jr. to 14 years in prison for conspiring to commit wire fraud affecting a financial institution and bank fraud, U.S. Attorney McGregor W. Scott announced.
According to court documents, from about September 2004 through February 2008, Barrientos and co-conspirators Zalathiel Aguila and Omar Anabo operated an entity named Capital Access LLC, in Vallejo. They preyed on homeowners nearing foreclosure, convinced them to sign away title in their homes, spent any equity those homeowners had saved, and used straw buyers to defraud federally insured financial institutions out of millions of dollars in home loans obtained under false pretenses. The equity stripped from the distressed homeowners’ properties was then used for operational expenses of the scheme and personal expenses of Barrientos and his coconspirators. Vulnerable homeowners across California lost their homes and savings as a result of the scheme, and lenders lost an estimated $10.47 million from the fraud.
This case is the product of an investigation by the Federal Bureau of Investigation and the U.S. Postal Inspection Service. Assistant U.S. Attorneys Matthew M. Yelovich and Todd A. Pickles are prosecuting the case.
Co-defendant Zalathiel Aguila pleaded guilty and is scheduled for sentencing on November 16, 2018. Aguila faces a maximum statutory penalty of 30 years in prison and a $1 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
United States Attorney Announces Resources for Election Day ProgramRead the Press Release
United States Attorney Announces Resources for Election Day Program
District Election Officer and Law Enforcement Resources Will Be AvailableTo Receive Complaints of Election Fraud and Voting Rights Abuses
NEWS RELEASE SUMMARY – November 2, 2018
Adam L. Braverman, United States Attorney for the Southern District of California, announced today that Assistant United States Attorney Christopher P. Tenorio will lead the efforts on behalf of the United States Attorney’s Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming elections on November 6, 2018. Mr. Tenorio has been appointed to serve as the District Election Officer for the Southern District of California, which includes San Diego and Imperial Counties. He will be responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington, D.C.
United States Attorney Braverman said, “We are committed to ensuring that every citizen will have the right to vote without interference or discrimination. Anyone with information regarding voting fraud or election abuses is encouraged to immediately contact our local FBI Office or our District Election Officer.”
The Department of Justice hopes to deter and prosecute election fraud and discrimination occurring at the polls. The Department also seeks to ensure public confidence in the integrity of the election process by providing local points of contact for the public to report possible election fraud and voting rights violations. United States Attorney Braverman stated that Mr. Tenorio will be on duty while the polls are open during Election Day. He can be reached at (619) 546-8413.
In addition, the FBI will have Special Agents available to receive allegations of election fraud, intimidation, suppression of votes, and other election abuses. The FBI can be reached at 858-320-1800. Information can also be submitted to tips.fbi.gov. Complaints may also be made directly to the Department of Justice’s Civil Rights Division, Voting Section in Washington, D.C. at (800) 253-3931 or (202) 307-2767.
Federal law protects against crimes such as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots against voters’ wishes or without their input. The law also contains special protections for eligible voters to exercise their rights free from intimidation or harassment. Prohibited actions include those designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that such actions are necessary to uncover illegal voting. Further, federal law protects the right of voters to cast their own ballot or receive assistance from a person of their choice.
US Attorney Outlines North Texas Election Day ProgramRead the Press Release
U.S. Attorney Erin Nealy Cox has announced that Assistant United States Attorney (AUSA) Nicole Dana will lead the efforts of her office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general election.
AUSA Dana has been appointed to serve as the District Election Officer (DEO) for the Northern District of Texas, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
“Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud,” said Nealy Cox. “The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, U.S. Attorney Nealy Cox stated that AUSA/DEO Nicole Dana will be on duty in this District while the polls are open. She can be reached by the public at by phone at 214-659-8600.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 972-559-5000.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or 202-307-2767, by fax at 202-307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
According to U.S. Attorney Nealy Cox, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
U.S. Attorney’s Office to Conduct Election Day MonitoringRead the Press Release
CHICAGO — The U.S. Attorney’s Office will monitor the federal, state and local elections in Chicago and surrounding suburbs on Nov. 6, 2018, John R. Lausch, Jr., United States Attorney for the Northern District of Illinois, announced today.
As part of the monitoring effort, the office will operate a telephone hotline for citizens to report complaints related to the voting process. Assistant U.S. Attorneys and other office personnel will monitor the hotline and respond to complaints, as needed.
The hotline number, staffed on Election Day only, is (312) 469-6157.
“A crucial part of our democracy is the integrity of our electoral system,” said U.S. Attorney Lausch. “A citizen who is entitled to vote should not be hindered or prevented from doing so, and we stand ready to ensure the sanctity of the process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations wherever they occur. The Department’s longstanding Election Day Program seeks to ensure public confidence in the voting process.
Federal voting-rights laws protect the rights of voters to mark their own ballot or be assisted by a person of their choice. Actions designed to interrupt or intimidate voters at polling places may constitute a violation. Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. Violations carry penalties ranging from one to ten years in prison, and fines of up to $250,000.
For information as to the location and hours of polling sites, Illinois residents are advised to contact the Illinois State Board of Elections by logging on to www.elections.il.gov or by calling (312) 814-6440.
U.S. Attorney’s Office Honors over 200 Law Enforcement Officials in Annual Awards Ceremony for Outstanding Efforts in Fighting CrimeRead the Press Release
LOS ANGELES – United States Attorney Nick Hanna is presenting awards today to more than 200 members of law enforcement agencies for their outstanding work in dozens of cases prosecuted by the United States Attorney’s Office. During the office’s annual Law Enforcement Awards ceremony, officials from federal and local agencies – as well as six Canadian police officers – are being honored for their work in rooting out criminal wrongdoing in Southern California.
“We honor these brave and committed agents, officers and employees of our partner agencies for their tirelessness commitment to maintain public safety and preserve the freedoms all Americans enjoy,” said U.S. Attorney Hanna.
The award recipients are being honored for their contributions towards protecting U.S. national security, responding to the opioid epidemic, combating fraud, fighting public corruption, preventing cyber-crime attacks, and enforcing the nation’s environmental laws.
Those honored included two FBI Special Agents who worked tirelessly to track down witnesses and evidence from two decades ago that helped secure a guilty plea from a gang member who participated in the slaying of an African-American man in Highland Park in 1999. Merced Cambero, who along with fellow gang members shot and killed Kenny Wilson as part of a series of racially motivated crimes, was brought to justice last year after more than a decade as a fugitive. Earlier this year, Cambero pleaded guilty to federal civil rights charges and was sentenced to 20 years in federal prison.
More than a dozen FBI agents, intelligence analysts and specialists received awards for groundbreaking work that culminated in a criminal complaint charging a North Korean computer programmer with being part of a government-backed conspiracy to conduct a series of destructive cyberattacks around the world, including an attack that decimated Sony Pictures Entertainment and others that targeted financial institutions and U.S. defense contractors. The charges were the first ever brought by the U.S. against a North Korean citizen for malicious cyber activity.
A team from the FBI, the U.S. Department of Veteran Affairs’ Office of Inspector General, and IRS Criminal Investigation were honored for their work leading to the conviction of David Richard Scott, a parking lot operator who cheated the VA out more than $13 million. Scott received a 70-month prison sentence, was ordered to pay $12.6 million in restitution, and was ordered to forfeit $8 million in assets. The Veterans Affairs’ contracting official who took bribes from Scott for 15 years pleaded guilty and was sentenced to prison in September.
The honorees at today’s ceremony came from the following law enforcement agencies:
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Federal Bureau of Investigation
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Bureau of Alcohol, Tobacco, Firearms and Explosives
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Internal Revenue Service – Criminal Investigation
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Simi Valley Police Department
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Los Angeles County Sheriff’s Department
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U.S. Immigration and Customs Enforcement’s Homeland Security Investigations
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Alcohol and Tobacco Tax and Trade Bureau
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U.S. Department of Health & Human Services, Office of Inspector General
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California Department of Insurance – Fraud Division
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U.S. Department of Labor, Office of Inspector General
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U.S. Department of State
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U.S. Postal Service, Office of Inspector General
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U.S. Postal Inspection Service
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U.S. Department of Homeland Security, Office of Inspector General
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Drug Enforcement Administration
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U.S. Department of Veteran Affairs, Office of Inspector General
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Riverside County Probation Department
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Riverside County Sheriff’s Department
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U.S. Environmental Protection Agency
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U.S. Department of Transportation, Office of Inspector General
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Los Angeles County Fire Department, Arson Investigation Unit
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South Gate Police Department
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El Monte Police Department
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Los Angeles County Sheriff’s Department, Special Enforcement Bureau – Arson Explosive Detail
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U.S. Coast Guard Investigative Service
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U.S. Coast Guard
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U.S. Environmental Protection Agency, Criminal Investigation Division
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Royal Canadian Mounted Police
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Sûreté du Québec
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Sûreté du Québec de police de la Ville de Montréal
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U.S. Department of State, Diplomatic Security Service
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Federal Housing Finance Authority, Office of Inspector General
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U.S. Department of State, Bureau of Diplomatic Security
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U.S. Department of State, Foreign Service National Investigator
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Torrance Police Department
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Los Angeles Police Department
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U.S. Immigration and Customs Enforcement, Office of Professional Responsibility
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Los Angeles County Probation Department
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Long Beach Police Department
U.S Attorney Hanna said, “We are eternally grateful the hard work and sacrifice given by these members of law enforcement. Every one of the honorees serves as a prime example of the outstanding commitment shown by every law enforcement officer who serves the public.”
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U.S. Attorney’s Office and Law Enforcement Partners Seize 352 Firearms in Fiscal Year 2018Read the Press Release
NEWARK, N.J. – U.S. Attorney Craig Carpenito announced today that the District of New Jersey seized 352 firearms as part of criminal prosecutions in Fiscal Year 2018.
The District of New Jersey worked jointly with its law enforcement partners, including the Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI, Homeland Security Investigations, the U.S. Marshal’s Service, and numerous agencies of the State of New Jersey.
“As part of our mission to keep the public safe from violent crime, the United States Attorney’s Office has removed more than 300 firearms from the hands of criminals in the last year alone,” U.S. Attorney Carpenito said. “Each one of these firearms represented a clear and present danger to the safety of our citizens, and we are proud to work with our federal, state, and local law enforcement partners to reduce the threat of armed criminals in New Jersey.”
“Taking these guns off the streets is proof that Attorney General Sessions’ initiatives to fight gun violence are successful and are having an impact,” ATF Newark Field Division Special Agent in Charge John B. DeVito said. “The use of Crime Gun Intelligence is instrumental in achieving these objectives, and ATF remains committed to removing the firearms that endanger our communities.”
During the 2018 fiscal year, firearms seizures in the District of New Jersey included:
• Nine AR-15 type assault rifles
• More than a dozen other “long guns,” including shot guns and rifles, and even an M2 machine gun
• More than 300 pistols and revolvers“To keep New Jersey streets safe, the FBI along with our local and state partners will aggressively pursue the seizure and forfeiture of guns from violent criminals and convicted felons,” Newark FBI Special Agent in Charge Gregory W. Ehrie said.
“Transnational criminal organizations operating in New Jersey rely on firearms as a tool to further their criminal activity,” Brian Michael, Special Agent in Charge, HSI Newark, said. “HSI and all our law enforcement partners are determined to keep these weapons out of the hands of dangerous criminals that pose a threat to public safety and the special agents/officers that pursue them each and every day.”
“When we remove crime guns and the criminals who carry them from our communities, we attack the root of gun violence,” N.J. Attorney General Gurbir S. Grewal said. “The 352 guns forfeited by the U.S. Attorney’s Office in collaboration with law enforcement partners across New Jersey represent 352 guns that will never kill or maim a resident or one of our law enforcement officers. We work best when we work together, and our collaborative efforts to prosecute gun crimes and share intelligence about illegal guns trafficked into New Jersey are having a strong impact.”
“We are pleased to have partnered with the U.S. Attorney’s Office the recovery of over 300 firearms this year,” Newark Public Safety Director Anthony F. Ambrose said. “We will remain vigilant in working with U.S. Attorney Carpenito and his law enforcement partners in the confiscation of illegal firearms with an aim towards an ongoing reduction of violent crime.”
“U.S. Attorney Carpenito’s unwavering leadership to reducing gun violence has facilitated a significant statistical decrease in the number of gun homicides and firearm related aggravated assault incidents in Camden,” Camden County Police Chief J. Scott Thomson said. “Removing violent criminals and their guns from the streets with the promise of federal prosecution continues to serve as a major deterrent that makes neighborhoods safer.”
The U.S. Attorneys’ Offices, along with their law enforcement partners, are responsible for seizing and forfeiting firearms that are involved in criminal activities. Many of these forfeitures result when previously-convicted felons continue to carry firearms, and are convicted of being felons in possession of weapons, pursuant to Section 922(g) of Title 18 of the United States Code. The law requires that these firearms be forfeited.
U.S. Attorney for Idaho Names Election Day ContactsRead the Press Release
BOISE – United States Attorney Bart M. Davis announced today that Assistant United States Attorneys (AUSAs) Jack Haycock, Ray Patricco and Traci Whelan will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general election. AUSAs Haycock, Patricco and Whelan have been appointed to serve as District Election Officers for the District of Idaho, and in that capacity are responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
“Every citizen must be able to vote without interference or discrimination and to have their vote properly counted,” said U.S. Attorney Davis. “The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
“The franchise is the cornerstone of our American system of governance,” said Davis. “We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice.”
In order to respond to complaints of election fraud or voting rights abuses on November 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Davis stated that AUSAs Haycock, Patricco and Whelan will be on duty in this District while the polls are open. They can be reached by the public at the following telephone numbers:
- (208) 251-0589 in Pocatello for AUSA Haycock;
- (208) 334-9118 in Boise for AUSA Patricco; and
- (208) 676-7344 in Coeur d’Alene for AUSA Whelan.
Additionally, the Federal Bureau of Investigation (FBI) will have Special Agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. For matters in eastern and southern Idaho, FBI agents in Boise can be reached by the public at (208) 344-7843 and for matters in northern Idaho, FBI agents in Coeur d’Alene can be reached by the public at (208) 664-5128.
After Election Day, complaints about possible violations of the federal voting rights laws can be made directly to the District of Idaho Civil Chief, AUSA Nicholas Woychick at (208) 334-9120 or the Civil Rights Division’s Voting Section in Washington, D.C. by phone at 1 (800) 253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at justice.gov/crt/complaint/votintake.
“Ensuring free and fair elections depends in large part on the cooperation of the American electorate,” said Davis. “It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
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U.S. Attorney and DEA Announce Significant Milestones During 16th National Prescription Take Back DayRead the Press Release
With the robust participation of Americans nationwide, the Drug Enforcement Administration and its law enforcement partners have now surpassed its 10 million pound goal and collected nearly 11 million pounds of unused, unwanted or expired prescription medications over the course of 16 successful DEA National Prescription Drug Take Back events.
“The results of our most recent Take Back Day clearly demonstrate a need for this initiative as a tool in the fight against America’s opioid crisis,” said DEA Acting Administrator Uttam Dhillon. “The success of this event is a direct reflection of DEA’s commitment to prevent drug addiction and overdose deaths in the U.S. Together, we are all helping to make a difference to keep our friends and families safe.”
Clyde E. Shelley, Jr. the Special Agent in Charge of the U.S. Drug Enforcement Administration’s Dallas Division, which overseas DEA operations in Oklahoma and Texas, announced that during the 16th semiannual event on Oct. 27, DEA and federal, state and local partners disposed of more than 900,000 pounds of prescription medications collected at nearly 6,000 sites across the country. Together with almost 5,000 local, state and federal partners, DEA collected and destroyed more than 457 tons of potentially dangerous leftover prescription drugs. This brings the total amount of prescription drugs collected by DEA since the fall of 2010 to 10,878,950 pounds, or 5439.5 tons.
The Dallas Field Division experienced record participation and collected 32,941 pounds of unused, unwanted or expired prescription medications across Texas and Oklahoma.
Oklahomans located in the 11 counties (Tulsa, Pawnee, Osage, Creek, Washington, Nowata, Rogers, Craig, Mayes, Ottawa, and Delaware Counties) which comprise the federal Northern District of Oklahoma did their part in meeting the milestone, turning over 864.492 pounds of expired, unused, and unwanted prescription drugs. United States Attorney Trent Shores and DEA Special Agent in Charge Clyde E. Shelley, Jr., championed the efforts of federal, state, local, and tribal community partners who helped make the event a success.
United States Attorney Trent Shores of the Northern District of Oklahoma stated, “Hundreds of Oklahomans lose their lives every year due to prescription opioid overdoses. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. The DEA’s Drug Take Back Day saves lives. Disposing of these prescription drugs keeps them out of the hands of our children and loved ones and helps stop the spread of addiction. I am thankful to the DEA for their hard work in setting up this event and every Oklahoman who turned in their outdated and unused prescriptions.”
“The DEA Prescription Drug Take-Back program provides all citizens of Texas and Oklahoma the ability to properly and safely dispose of prescription medication that may otherwise be used for nefarious purposes. DEA Dallas is proud to work hand-in-hand with our law enforcement partners and members of the community to stem the massive amount of prescription drugs that serve as a catalyst for the opioid epidemic,” said DEA Special Agent in Charge Clyde E. Shelley, Jr.
National Prescription Drug Take Back Day events continue to remove opioids and other medicines from the nation’s homes, where they could be stolen and abused by family members and visitors, including children and teens.
DEA began putting on Take Back Day events when the public had no other way to appropriately dispose of their leftover painkillers and other potentially dangerous drugs. These events have been extremely successful not only in getting unused drugs out of the house, but also in raising awareness of their link to addiction and overdose deaths. Since DEA launched this program nine years ago, doctors are prescribing fewer painkillers, and law enforcement agencies, pharmacies and others have installed permanent prescription drug drop boxes on-site, making drug disposal even more convenient.
Helping people to dispose of potentially harmful prescription drugs is just one way DEA is working to reduce the addiction and overdose deaths plaguing this country due to opioid medications.
The DEA encourages parents, along with their children, to educate themselves about the dangers of legal and illegal drugs by visiting DEA’s interactive websites at www.justthinktwice.com, www.GetSmartAboutDrugs.com and www.dea.gov. Also follow DEA Dallas via Twitter at @DEADALLASDiv
Complete results for DEA’s fall Take Back Day are available at https://takebackday.dea.gov/#initiative-results. DEA’s next Prescription Drug Take Back Day is April 27, 2019.
U.S. Attorney Announcement on November 2018 ElectionsRead the Press Release
St. Louis, MO – United States Attorney Jeff Jensen announced today that Assistant United States Attorney (AUSA) Hal Goldsmith will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general election. AUSA Goldsmith has been appointed to serve as the District Election Officer (DEO) for the Eastern District of Missouri, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Jeff Jensen said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
In order to respond to complaints of election fraud or voting rights abuses on November 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Jeff Jensen stated that AUSA Hal Goldsmith will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number: (314) 539-7733.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (314) 231-4325 or (314) 589-2563.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to the U.S. Attorney’s Office, the FBI, or the Civil Rights Division.
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Two Members of Old York Money Gang Plead Guilty to Federal Racketeering Charges Related to Their Drug Trafficking and Violence, Including the Killing of Three-Year-Old Mckenzie ElliottRead the Press Release
Baltimore, Maryland – Terrell Plummer, a/k/a Rell, age 29, and Tyrone Jamison, a/k/a Ty, age 25, both of Baltimore, pleaded guilty today to a federal racketeering conspiracy related to their membership in the Old York Money Gang (OYMG), a violent gang that sustained itself largely through the distribution and sale of controlled substances, including crack cocaine, as well as through murder and other violent crimes. The gang operated throughout the Waverly neighborhood of Baltimore. On August 1, 2014, three-year-old McKenzie Elliott was shot to death as she stood on her front porch, when she was struck by an errant bullet during an OYMG dispute. Today, Plummer admitted that he killed McKenzie Elliott, and Jamison admitted that he supplied the gun used in the shooting.
The guilty pleas were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and Interim Commissioner Gary Tuggle of the Baltimore Police Department.
“Disputes between gang rivals lead to many shootings and murders in Baltimore City, including innocent bystanders who are caught in the crossfire—like little McKenzie Elliott,” said U.S. Attorney Robert K. Hur. “I am grateful for the tireless efforts of the investigators and prosecutors to bring McKenzie Elliott’s killer to justice. While this guilty plea will not bring a beautiful little girl back to those who loved her, I hope her community will take some comfort from the fact that we will hold accountable the criminals who turned their neighborhood into a war zone.”
“The pursuit of justice for McKenzie Elliott has taken time, but today the person responsible for taking her life admitted to his crime. We can only hope that this brings some peace and answers to the family and community who loved McKenzie so much,” said ATF Special Agent in Charge Rob Cekada. “Fear of being caught in the crossfire of a gang turf war is a terrible reality that affects too many in Baltimore. ATF is determined to identify, investigate, and incarcerate this city’s most vicious criminals so that neighborhoods can be free of violence and children can safely stand on the front porches of their homes.”
According to their plea agreements and other court documents, from 2013 to April 2017, Plummer and Jamison were members of the OYMG, a violent drug trafficking organization operating in the Waverly neighborhood in the northern district of Baltimore. OYMG is involved in criminal activity including murder, robbery, extortion, burglary, and narcotics trafficking in and around Baltimore. OYMG is a neighborhood gang, limiting its membership to persons that originate from or live in the Waverly neighborhood, and generally excluding “outsiders.” The gang extensively and frequently endorsed and promoted its existence through social media accounts and rap music videos, whereby members would display their association and advertise membership and activities of the gang.
According to court documents, beginning in October 2016, the ATF and the Baltimore City Police Department conducted undercover purchases of crack cocaine and heroin from OYMG members, who generally sold controlled substances at or around drug shops controlled and managed by the OYMG—and in coordination with co-conspirators. According to their plea agreements and other court documents, Jamison, Plummer and other OYMG members sold heroin, powder and crack cocaine, and marijuana in their territory in Waverly and elsewhere. OYMG members regularly carried firearms to defend the gang’s territory and violently expelled OYMG rivals or antagonists. Jamison admitted that he possessed firearms in furtherance of the enterprise, and supplied, maintained, and stored firearms used by OYMG in furtherance of violent crimes. Jamison also admitted that from April 26, 2017 to May 8, 2017, he tampered with evidence by conspiring with a co-conspirator to remove, conceal, and destroy firearms stored in a vehicle. This was corroborated by recorded prison calls in which Jamison instructed a co-conspirator to obtain the key to the vehicle to retrieve unspecified items therein.
As detailed in their plea agreements and court documents, in the summer of 2014, Plummer and other OYMG members became embroiled in a dispute with men from another neighborhood. On July 30, 2014, these men entered OYMG territory to support a female friend engaged in a fight with the sister of an OYMG member. Plummer and other OYMG members assaulted the men, one of whom was stabbed during the fracas (Victim #1). Two days later, the men returned to the area, driven by a female in a white 1999 Mercedes SUV, to confront Plummer and OYMG members in retaliation for the assault on July 30. OYMG members noticed the vehicle from the earlier fight and alerted one another to the presence of the vehicle. As the vehicle circled the block for the third time, Plummer fired multiple shots at the SUV, striking one of the men (Victim #1) in the forehead. Some of the errant bullets fired by Plummer missed their intended target and struck two additional victims. Victim #5 was grazed in the chin and wrist. One bullet struck three-year-old McKenzie Elliott in the head, resulting in her death. Plummer admitted that he was responsible for McKenzie Elliott’s death, although he did not intend to kill her. Jamison admitted that he supplied the gun used that Plummer used to shoot in the confrontation and in the killing of three-year-old McKenzie Elliott.
Plummer and the government have agreed that, if the Court accepts the plea, Plummer will be sentenced to 25 years in federal prison. Jamison and the government have agreed that, if the Court accepts the plea, Jamison will be sentenced to 150 months in federal prison. U.S. District Judge George L. Russell, III has scheduled sentencing for Plummer on February 1, 2019, at 12:30 p.m. and for Jamison on February 9, 2019 at 3:00 p.m. There is no parole in the federal system.
Two other defendants charged in the case are scheduled to go to trial on November 5, 2018.
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.
United States Attorney Robert K. Hur commended the ATF and Baltimore Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys David Metcalf and Michael C. Hanlon, who are prosecuting the case.
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Twenty-One Year Old Sentenced to 33 Months in Prison for Conspiring to Smuggle 12,000 Rounds of Ammunition into MexicoRead the Press Release
TUCSON, Ariz. – On Nov. 1, 2018, Francisco Guerra-Franco, 21, of Los Lunas, NM, was sentenced by U.S. District Judge James A. Soto to 33 months’ prison followed by three years’ supervision. Guerra-Franco had previously pleaded guilty to two charges: facilitation to smuggle goods from the United States and false statements to a federal agent.
On Dec. 26, 2016, Guerra-Franco, who was 19 years old at the time, was pulled over in Nogales, Ariz. for a routine traffic stop. Law enforcement located 12,000 rounds of ammunition in Guerra-Franco’s truck. Further investigation revealed that Guerra-Franco had purchased the ammunition using money wired to his Wells Fargo Bank Account by a co-conspirator living in Mexico. Guerra-Franco intended to meet the co-conspirator in Nogales, Ariz., and the co-conspirator would then smuggle the ammunition into Mexico. Guerra-Franco also made multiple false statements to agents when confronted about three Colt M4 Carbine semi-automatic rifles he had previously acquired.
The investigation in this case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations (HSI), and the Nogales Police Department. The prosecution was handled by Micah Schmit, and Nathaniel Walters, Assistant U.S. Attorneys, District of Arizona, Tucson.
CASE NUMBER: CR-17-01585-JAS-EJM
RELEASE NUMBER: 2018-145_ Guerra-Franco
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Tucson Resident Sentenced to 94 Months in Prison for Role in Bank Fraud SchemeRead the Press Release
TUCSON, Ariz. – On Nov. 1, 2018, Adam Sheafe, 44, of Tucson, Ariz., was sentenced to 94 months’ prison by United States District Court Judge Raner C. Collins. Sheafe was previously found guilty of conspiracy to commit bank fraud, bank fraud, and aggravated identity theft by a federal jury.
The evidence at trial established that Sheafe used stolen credit card numbers obtained from co-conspirators to process hundreds of transactions through separate merchant accounts at Bank of America and Compass Bank. Sheafe conducted these fraudulent transactions in a short time-frame, and without the knowledge or consent of the actual cardholders. Sheafe rapidly moved the proceeds out of the merchant accounts before the banks discovered the scheme. As a result of the scheme, the financial institutions suffered over $500,000 in losses.
The investigation in this case was conducted by the United States Postal Service and the Federal Bureau of Investigation. The prosecution was handled by the U.S. Attorney’s Office, District of Arizona, Tucson.
CASE NUMBER: CR16-00438 -TUC-RCC
RELEASE NUMBER: 2018-143_Sheafe
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Trucking School Owner Sentenced to over Four Years for Conspiring to Commit Bribery and Identity Fraud with Dmv EmployeesRead the Press Release
SACRAMENTO, Calif. — Mangal Gill, 58, of San Ramon, was sentenced today by U.S. District Judge Garland E. Burrell, Jr. to 4 years and 3 months in prison for conspiracy to commit bribery and identity fraud, U.S. Attorney McGregor W. Scott announced.
According to court documents, Gill owned Central Truck Driving School, which had locations in Fremont, Lathrop, Fresno, and Salinas. Between April 2012 and April 2015, Gill conspired with employees of the California Department of Motor Vehicles (DMV) and others to fraudulently obtain commercial driver’s licenses (CDL) for Gill’s truck school students and others who did not take or pass the written or the behind-the-wheel driving examinations. Gill received money from those wishing to obtain a CDL and, in turn, paid bribes to the DMV employees, who would access the DMV’s database to alter records indicating that the individuals had passed tests when, in fact, they had not passed them or, in some instances, taken any examination at all. As a result, individuals were able to obtain driver’s licenses, including commercial licenses to operate tractor-trailer trucks and passenger buses, without having taken and passed the requisite written or behind-the-wheel driving tests.
In sentencing Gill, Judge Burrell referred to the criminal conduct as “egregious” and potentially endangering the safety of the public.
This case is the product of a series of ongoing investigations by the Federal Bureau of Investigation; Homeland Security Investigations (HSI); and the California DMV, Office of Internal Affairs. Assistant U.S. Attorneys Todd A. Pickles and Rosanne Rust are prosecuting the case.
Co-defendant Andrew Kimura, a DMV employee, previously pleaded guilty to conspiracy to commit bribery and identity fraud and was sentenced to three years and 10 months in prison. Co-defendant Robert Turchin, a DMV employee, was convicted after a jury trial and is scheduled to be sentenced on November 9, 2018. Co-defendant Pavittar Dosangh Singh pleaded guilty and is also scheduled for sentencing on November 9, 2018. Emma Klem, another DMV employee, and Kulwinder Dosanjh Singh, a broker, also previously pleaded guilty to conspiracy to commit bribery and identity fraud as part of the same investigation in United States v. Klem, 2:15-cr-00139 GEB, and United States v. Kulwinder Dosanjh, 2:15-cr-00146 GEB, respectively. They are scheduled for sentencing on November 16, 2018.
They face a maximum statutory penalty of 5 to 10 years in prison and a $250,000 fine. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Three Puerto Rican Men Arrested on Federal Charges in Dish Network Services Piracy SchemeRead the Press Release
On Nov. 2, a federal indictment against three Puerto Rican men was unsealed after their arrest for their roles in a conspiracy to provide pirated DISH Network (DISH) services to thousands of Puerto Ricans, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Rosa Emilia Rodriguez-Velez for the District of Puerto Rico. DISH is a Colorado based company that provides satellite television to its customers for a fee and has invested heavily in measures to ensure that its services are not intercepted by copyright infringers, also known as pirates.
The three-count indictment charges Arnaldo Vazquez, 41, aka “Naldo,” aka “naldo.dish;” Awildo Jimenez, 36, aka “Wildo,” “joselo626,” and “wildo20;” and Higinio Lamboy, 46, aka “Ingi,” with one count of conspiracy to circumvent protective systems, infringe copyrights and traffic in satellite decryption devices, one substantive count of trafficking in technology designed to circumvent technology copyright protection systems and one substantive count of circumventing a technological measure that protects a copyrighted work.
The indictment describes Vazquez and Jimenez as owners and operators of a company that provided the pirated services to customers who paid a monthly cash fee to receive copyrighted content delivered from DISH satellites and identifies Lamboy as their salesman and repairman for the hardware that they provided to their customers. The indictment further describes a complex scheme to steal the copyrighted content for financial gain through the interception of encrypted DISH signals that were distributed to paying DISH customers and decrypted through DISH-issued hardware. For example, the indictment alleges that the defendants used DISH’s network control words, or decrypted code, and placed them onto an Internet Key Sharing (IKS) server, which was under their control. Placing the control words on the IKS server aided the decryption and distribution of the pirated content. The defendants also provided their customers with receivers that were programmed with software that allowed them to bypass DISH’s anti-piracy measures, which then allowed their customers to connect to the conspirators’ bootleg IKS server to access the copyrighted content.
The indictment alleges that the defendants used online chat forums to discuss their criminal enterprise, resolve technical problems related to their DISH piracy, and facilitate the payment for their criminal deeds and purchase of equipment needed to further their scheme.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case is the result of the investigative efforts of the FBI. The case is being prosecuted by Senior Trial Attorney Kebharu Smith of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) and Assistant U.S. Attorney Nicholas Cannon of the District of Puerto Rico.
Three Puerto Rican Men Arrested on Federal Charges in Dish Network Services Piracy SchemeRead the Press Release
On Nov. 2, a federal indictment against three Puerto Rican men was unsealed after their arrest for their roles in a conspiracy to provide pirated DISH Network (DISH) services to thousands of Puerto Ricans, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Rosa Emilia Rodriguez-Velez for the District of Puerto Rico. DISH is a Colorado based company that provides satellite television to its customers for a fee and has invested heavily in measures to ensure that its services are not intercepted by copyright infringers, also known as pirates.
The three-count indictment charges Arnaldo Vazquez, 41, aka “Naldo,” aka “naldo.dish;” Awildo Jimenez, 36, aka “Wildo,” “joselo626,” and “wildo20;” and Higinio Lamboy, 46, aka “Ingi,” with one count of conspiracy to circumvent protective systems, infringe copyrights and traffic in satellite decryption devices, one substantive count of trafficking in technology designed to circumvent technology copyright protection systems and one substantive count of circumventing a technological measure that protects a copyrighted work.
The indictment describes Vazquez and Jimenez as owners and operators of a company that provided the pirated services to customers who paid a monthly cash fee to receive copyrighted content delivered from DISH satellites and identifies Lamboy as their salesman and repairman for the hardware that they provided to their customers. The indictment further describes a complex scheme to steal the copyrighted content for financial gain through the interception of encrypted DISH signals that were distributed to paying DISH customers and decrypted through DISH-issued hardware. For example, the indictment alleges that the defendants used DISH’s network control words, or decrypted code, and placed them onto an Internet Key Sharing (IKS) server, which was under their control. Placing the control words on the IKS server aided the decryption and distribution of the pirated content. The defendants also provided their customers with receivers that were programmed with software that allowed them to bypass DISH’s anti-piracy measures, which then allowed their customers to connect to the conspirators’ bootleg IKS server to access the copyrighted content.
The indictment alleges that the defendants used online chat forums to discuss their criminal enterprise, resolve technical problems related to their DISH piracy, and facilitate the payment for their criminal deeds and purchase of equipment needed to further their scheme.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case is the result of the investigative efforts of the FBI. The case is being prosecuted by Senior Trial Attorney Kebharu Smith of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) and Assistant U.S. Attorney Nicholas Cannon of the District of Puerto Rico.
Statement of U.S. Attorney John W. Huber to Leaders, Members of Utah Faith CommunitiesRead the Press Release
SALT LAKE CITY – John W. Huber, United States Attorney in Utah, shared the following statement with leaders of Utah’s faith communities Friday afternoon:
“In the wake of the horrific and senseless act of violence that took place in Pittsburgh, I echo the words of our United States Attorney General that hatred and violence on the basis of religion can have no place in our society. As the chief federal law enforcement official in the State of Utah, I promise you that I will bring the full weight of the federal government to bear against anyone who would attempt to violate the most fundamental civil right in our country, the right of citizens to practice a religion of their choosing.
“In addition to that promise, I would be honored to assist you, along with our law enforcement partners, in any proactive planning or discussions regarding the safety of your faith-related buildings and the congregants who assemble inside of them. We would be happy to help provide safety training for your congregations or to assist you in obtaining safety related assessments of your infrastructure from our partners at the FBI and DHS. If you are interested in taking advantage of any of these cost-free assessments or trainings, please contact my deputy Andy Choate, at [email protected].
“Thank you for all that you do for our communities and for your help in ensuring that Utah remains a place where everyone feels safe to worship as they choose.”
Statement of Maryland U.S. Attorney Robert K. Hur on the Successful Resolution of Three Significant Cases in Baltimore in the Last WeekRead the Press Release
“We are facing significant challenges here in Baltimore with drug dealing and violence in our streets, but as we saw this week, with the convictions of eight members of the Barronette drug crew who were responsible for nine murders, and the guilty pleas of the corrupt police officer who worked with GTTF, and the gang member who killed three-year-old McKenzie Elliott, we can make progress. Working together as a community, with our law enforcement partners and with the many courageous law-abiding citizens of Baltimore, we must continue our efforts to stop those who bring violence and drugs to our communities.”
BACKGROUND
The Maryland U.S. Attorney’s office and our law enforcement partners have obtained positive results this week in our efforts to reduce violent crime in Baltimore through the convictions and guilty pleas of 10 violent gang members and one corrupt police officer.
On November 2, 2018, we brought to justice the killer of three-year-old McKenzie Elliott, who was shot to death as she stood on her front porch, when she was struck by an errant bullet during a gang dispute. Terrell Plummer admitted that he killed McKenzie Elliott, and Tyrone Jamison admitted that he supplied the gun used in the shooting. Both men were members of the Old York Money Gang, a violent gang that operated in the Waverly neighborhood and sustained itself largely through the distribution and sale of drugs, as well as through murder and other violent crimes.
On November 1, 2018, former Philadelphia Police officer Eric Snell, pleaded guilty to a drug distribution conspiracy, after three days of trial. Snell admitted to selling drugs seized by members of the disgraced Gun Trace Task Force (GTTF).
On October 31, 2018, after 24 days of trial, a federal jury convicted eight members of Trained To Go (TTG), a violent criminal organization which operated in the Sandtown neighborhood of West Baltimore, whose members engaged in drug distribution and acts of violence including murder, armed robbery, and witness intimidation. Their leader, Montana Barronette, was found personally responsible for seven murders, and in all, the jury found the defendants responsible for a total of nine murders in Baltimore.
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Statement from Attorney General Sessions on the Drug Enforcement Administration’s 2018 National Drug Threat AssessmentRead the Press Release
Today, the Drug Enforcement Administration (DEA) released its 2018 National Drug Threat Assessment, a comprehensive, strategic assessment of the illicit drug threats facing the United States. Attorney General Sessions made the following statement about the report:
“This new report from the DEA confirms that transnational drug cartels and foreign drug labs, working with street gangs, are flooding our communities with drugs like heroin, fentanyl, cocaine, and methamphetamines,” Attorney General Sessions said. “But under the Trump Administration, we are hammering these groups. I have restored commonsense criminal charging and sentencing policies with our prosecutors, surged resources to jurisdictions facing some of the highest levels of violence and drug abuse, and targeted enforcement against the most violent offenders and organizations. Last year, the average federal sentence for drug trafficking rose, and we are already seeing encouraging results. Preliminary data from the CDC shows that drug overdose deaths actually began to decline in late 2017 and opioid prescriptions fell significantly. We also saw an actual decline in homicides and violent crimes in 2017 after increases in 2015 and 2016. Law enforcement is crime prevention—and that's what we're doing every day across America. The Department of Justice will continue to focus resolutely on drug traffickers and protect the American people.”
Background:
According to the report’s summary: “Illicit drugs, as well as the transnational and domestic criminal organizations who traffic them, continue to represent significant threats to public health, law enforcement, and national security in the United States. Drug poisoning deaths are the leading cause of injury death in the United States; they are currently at their highest ever recorded level and, every year since 2011, have outnumbered deaths by firearms, motor vehicle crashes, suicide, and homicide. In 2016, approximately 174 people died every day from drug poisoning.”
As the report also notes:
“National and neighborhood-based street gangs and prison gangs continue to dominate the market for the street-sales and distribution of illicit drugs in their respective territories throughout the country. Struggle for control of these lucrative drug trafficking territories continues to be the largest factor fueling the street-gang violence facing local communities. . . . Gangs’ desire to secure the largest share of the profits and the most lucrative territories for themselves drives violent turf wars that often result in the murder or attempted murder of rival gang members and drug dealers. Firearm-related violence will likely continue to be associated with the illicit drug trade due to the constant turf wars between gangs vying for control of territory. . . . Street gangs are increasingly distributing fentanyl and fentanyl-laced products as the drugs continue to flow into the United States. The monies involved with its street sale, and the demand for fentanyl by the consumers of illicit drugs, encourages gangs to become more involved with selling fentanyl.”
St. John Boat Captain Arrested and Charged with Seaman’s Manslaughter for Causing a Death at SeaRead the Press Release
St. Thomas, USVI – Richard Smith, 65, of St. John, was arrested today on an indictment charging him with seaman’s manslaughter, United States Attorney Gretchen C.F. Shappert announced. Smith made his initial appearance before Magistrate Judge Ruth Miller.
The indictment alleges that on or about October 25, 2015, Smith was the captain and owner of the S/V Cimarron. Through his inattention, negligence and misconduct, Smith allegedly caused the death of David Pontius. According to the indictment, Mr. Pontius was a crewmember aboard the S/V Cimarron when the 43-foot sailing vessel left North Carolina to return to St. John where Smith operates a sailing charter business. During the course of the return voyage, Mr. Pontius allegedly became disoriented, climbed over the rail of the boat, and jumped overboard. The indictment alleges that Smith failed to stop to render assistance. As a result, Mr. Pontius died.
The Seaman’s Manslaughter Statute, 18 U.S.C. § 1115, holds ship officers, maritime vessel owners, and maritime corporate management criminally responsible for conduct that results in death on a vessel within the special maritime and territorial jurisdiction of the United States and within the general admiralty jurisdiction of the federal courts. Ship officers—"[e]very captain, engineer, pilot or other person employed . . . on any vessel"—are accountable for "misconduct, negligence or inattention to . . . duties" that results in a loss of life. If convicted of Seaman’s Manslaughter, Smith faces a maximum sentence of ten years and a $250,000 fine.
The case is being investigated by Coast Guard Investigative Service (CGIS) Chesapeake Region, United States Coast Guard – Marine Safety Detachment (MSD) St. Thomas and prosecuted by Assistant United States Attorney Sigrid M. Tejo-Sprotte.
United States Attorney Shappert reminds the public that an indictment is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty.
South Bay Resident Charged with Visa Fraud and Mail FraudRead the Press Release
SAN JOSE – A federal grand jury indicted Kishore Kumar Kavuru, charging him with visa fraud and mail fraud, announced United States Attorney Alex G. Tse and Department of Labor Office of the Inspector General Special Agent in Charge Abel Salinas. The indictment, handed down October 18, 2018, and unsealed today, charges the defendant with ten counts of visa fraud and ten counts of mail fraud in connection with a scheme to maintain a pool of foreign workers for the clients of Kavuru’s consulting companies.
According to the indictment, Kavuru, 46, a resident of Sunnyvale, Calif., held himself out as a staffing specialist for technology firms based in Santa Clara County and elsewhere seeking to fill temporary positions with foreign workers. Since at least as early as 2007, Kavuru was the owner and chief executive officer of four consulting companies: Scopus Consulting Group, Inc.; ITECH Analyst Corp; Infinity Methods Corp; and Orian Engineers Incorporated. The indictment describes how Kavuru used the consulting companies to process and submit fraudulent applications for foreign workers to obtain permission to work in the United States under the H-1B visa program. The H-1B Program allows an employer to hire a foreign worker for a specialty occupation in the United States on a temporary basis. Kuvuru allegedly submitted the fraudulent applications through his consulting companies to gain a competitive advantage over other staffing companies that did not have foreign workers immediately available to work.
Under the H-1B visa program, a specialty occupation requires highly specialized knowledge in a certain field and a bachelor’s degree or its equivalent. An employer seeking permission to hire foreign workers under the H-1B program generally must undergo a two-step process. First, the employer must submit to the Department of Labor documentation describing certain aspects of the job to be filled; such documentation generally relates to the existence and duration of the temporary job posting, and the wages, working conditions, and benefits to be provided to the nonimmigrant. Second, the employer must submit additional documentation to the Department of Homeland Security regarding the specific individual hired for the job and details about the specific work project for which they are being petitioned.
In this case, Kavuru allegedly submitted fraudulent documents to both the Department of Labor and the Department of Homeland Security containing details of bogus work projects awaiting the foreign workers. Because many of the applications were ultimately approved, Kavuru had a pool of unemployed H-1B beneficiaries that were immediately available for legitimate work projects, giving him a competitive advantage over other law-abiding staffing companies that followed the sometimes lengthy visa application process for petitioning foreign workers. As part of the scheme, Kavuru required some prospective workers to pay thousands of dollars in cash before he would prepare and submit the visa applications, a violation of Department of Labor regulations. Kavuru also required some workers to wait unpaid, sometimes for months, to be placed at an end-client’s workplace. This process of “benching” workers without pay is also a violation of the Department of Labor’s regulations.
Also described in the indictment is an example of how Kavuru submitted fraudulent documents to the United States to suggest he had a contract to place software engineers to work on a specific project at an employee benefits and health insurance brokerage company. Through his consulting companies, Kavuru submitted and mailed approximately 43 petitions for H-1B software engineers to be placed at the benefits company. In fact, there were no software engineer positions available at the benefits company.
In sum, Kavuru is charged with ten counts of visa fraud, in violation of 18 U.S.C. § 1546(a), and ten counts of mail fraud, in violation of 18 U.S.C. § 1341.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces the following statutory maximum sentence of ten years in prison and a maximum fine of $250,000 (or twice the gross gain or loss, whichever is greater) for each count of visa fraud. The defendant also faces a statutory maximum sentence of 20 years in prison and a fine maximum fine of $250,000 (or twice the gross gain or loss, whichever is greater) for each count of mail fraud. The court also may order as part of a sentence additional fines, terms of supervised release, and restitution, if appropriate. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Kavuru was arrested this morning and made his initial federal court appearance before U.S. Magistrate Judge Susan van Keulen. The defendant was released on bond; Magistrate Judge van Keulen scheduled the defendant’s arraignment and identification of counsel for November 9, 2018.
Assistant United States Attorney Maia Perez is prosecuting the case. The prosecution is the result of an investigation by the U.S. Department of Labor, Office of Inspector General and Homeland Security Investigations.
Sentencings for October 29 - November 1, 2018Read the Press Release
Federal District Court Judge Nancy D. Freudenthal sentenced PASTOR JESUS LOPEZ-MARIANO, 30, of Guanajuato, Mexico on November 1, 2018 for illegal re-entry of a previously deported alien into the United States. Lopez-Mariano was arrested in Cheyenne, Wyoming. He received six months of imprisonment, subject to deportation upon completion of his sentence, and ordered to pay a $100.00 special assessment. The Department of Homeland Security Investigation investigated this case.
Federal District Court Judge Alan B. Johnson sentenced RIGOBERTO DE JESUS LOBO-AVALOS, 48, of El Salvador on October 29, 2018 for illegal re-entry of a previously deported alien into the United States. Lobo-Avalos was arrested in Natrona County, Wyoming. He received twelve months and one day of imprisonment, is subject to deportation upon completion of his sentence, and ordered to pay a $100.00 special assessment. The Department of Homeland Security Investigation investigated this case.
Chief Federal District Court Judge Scott W. Skavdahl sentenced RICARDO ST. VIL (a/k/a Rikado St. Vil, a/k/a Calico Riko), 30, of Opa-Locka, Florida on October 31, 2018 for access device fraud conspiracy. St. Vil was arrested in Miami, Florida. He received thirty-seven months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay restitution in the amount of $222,756.10. The Wyoming Division of Criminal Investigation and the U.S. Secret Service investigated this case.
Schenectady Felon Convicted of Illegally Possessing Handgun and AmmunitionRead the Press Release
ALBANY, NEW YORK – A jury today voted to convict John “Body” Coffin, 49, of Schenectady, New York, for illegally possessing a handgun and ammunition, following a five-day trial. The jury acquitted Coffin on a second charge, of possessing a firearm in furtherance of a drug trafficking offense.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
The evidence at trial established that Coffin provided a Walther P22 .22 caliber firearm, which he described as “the murderer’s gun,” and nine rounds of ammunition to another man in Schenectady, New York.
Coffin could not possess the handgun or ammunition because of prior felony convictions for drug and assault offenses. As a result of this jury conviction, Coffin is an Armed Career Criminal. He faces at least 15 years and up to life in prison when he is sentenced by Senior United States District Judge Thomas J. McAvoy on March 11, 2018. 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 prosecution resulted from an investigation by the Capital District Safe Streets Task Force, which includes members of the FBI, United States Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the New York State Police, the Schenectady Police Department, the Schenectady County District Attorney’s Office, the New York State Department of Corrections and Community Supervision, the Albany County Sheriff’s Office, and the New York Air National Guard.
The case is being prosecuted by Assistant United States Attorney Wayne A. Myers.
Ruskin Man Pleads Guilty to Wire FraudRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that Jeffrey Perry (56, Ruskin) has pleaded guilty to one count of wire fraud. Perry faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, Perry was involved in promoting and seeking investors in Life Link Travel, Inc. Perry indicated to investors that Life Link was going to open an online travel club portal and website. He often appealed to investors’ religious beliefs, telling them that their profits from Life Link would allow them to donate to worthy religious charities.
Between 2009 and 2014, Perry promoted this investment opportunity to various investors. Most of the funds came through wire transfers from investors outside of Florida, into Perry’s bank accounts in Florida. The Life Link website and portal never commenced operation.
Investors were unaware that the large majority of funds that Perry had persuaded them to “invest” in Life Link actually funded Perry’s gambling and other personal expenses.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.
Romanian Indicted in Pittsburgh for Bank Fraud Scheme that Used ATM Skimming DevicesRead the Press Release
PITTSBURGH - A citizen of Romania has been indicted by a federal grand jury in Pittsburgh on charges of conspiracy and bank fraud, United States Attorney Scott W. Brady announced today.
The two-count indictment, returned on Nov. 1, named Elvis E. Roman, age 33, of Romania.
According to the indictment, in September and October 2018, Roman participated in a conspiracy and scheme to defraud banks in Western Pennsylvania. As part of the scheme, participants installed ATM skimming devices designed to fraudulently obtain the account information associated with cards inserted into the targeted ATM machines. Using that account information, participants created cloned ATM cards and fraudulently withdrew funds from ATM machines maintained by banks in Washington County.
The law provides for a maximum total sentence of up to 30 years in prison, a fine of up to $1,000,000, 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.
Assistant United States Attorney Jeffrey R. Bengel is prosecuting this case on behalf of the government.
The United States Secret Service and the Cecil Township, Peters Township, and South Strabane Township Police Departments conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Riverview Man Arrested for Defrauding Local Credit UnionsRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Richard E. Bowe (40, Riverview) with four counts of making false statements to federally insured credit unions. If convicted, Bowe faces a maximum penalty of 20 years in federal prison on each count. The indictment also notifies Bowe that the United States intends to forfeit $96,184.13, which is alleged to be the proceeds of the charged criminal conduct.
According to the indictment, between January and early March 2015, Bowe sought a number of loans from credit unions. In his loan applications, he falsely indicated that he was employed by the United States Army Contracting Command as a Deputy Inspector General, and that he was earning a monthly salary in excess of $14,000. Bowe also falsified information about his military service and VA benefits.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Tampa Police Department, the United States Department of Veteran’s Affairs Office of Inspector General, and the Defense Criminal Investigation Service. It will be prosecuted by Assistant United States Attorney Jay L. Hoffer.
Riverton Woman Pleads Guilty to Bank FraudRead the Press Release
COUNCIL BLUFFS, Iowa – Carol S. Jennings, age 57, of Riverton, pleaded guilty on November 1, 2018, to Bank Fraud, announced United States Attorney Marc Krickbaum. In the plea agreement, Jennings admitted that while employed as the clerk for the City of Riverton, she opened an account with a local bank by providing a falsified document. Jennings also admitted to depositing city funds into the account and converting almost the entire balance for her own personal use.
A sentencing date of February 20, 2019 has been scheduled. Jennings faces a possible maximum sentence of not more than thirty years imprisonment, a fine not to exceed $1,000,000, up to five years of supervised release following release from imprisonment, a $100 special assessment to the Crime Victims’ Fund, and restitution.
This matter was investigated by the Federal Bureau of Investigation and the Fremont County Sheriff’s Office. The case is being prosecuted by the United States Attorney’s Office for the Southern District of Iowa.