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Friday 26 October 2018
Convicted Felon Charged with Illegal Possession of a FirearmRead the Press Release
U.S. Attorney Peter G. Strasser announced yesterday that a federal grand jury returned an indictment against defendant KEVIN CRAWFORD, of New Orleans, for being a felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(1). CRAWFORD faces a maximum term of imprisonment of ten years, a $250,000 fine, three years supervised release following any term of imprisonment, and a $100 special assessment fee.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
This matter was handled by the Bureau of Alcohol, Tobacco, Firearms and Explosives along with the New Orleans Police Department. Assistant United States Attorney Duane A. Evans is prosecuting the case.
Computer Hacker Who Launched Attacks on Rutgers University Ordered to Pay $8.6m Restitution; Sentenced to Six Months Home IncarcerationRead the Press Release
Defendant Also Took Part in Creating Mirai and clickfraud Botnets, Infecting Hundreds of Thousands of Devices with Malicious Software
TRENTON, N.J. – A Union County, New Jersey, man was ordered today to pay $8.6 million in restitution and serve six months of home incarceration for launching a cyber-attack on the Rutgers University computer network, U.S. Attorney Craig Carpenito announced.
Paras Jha, 22, of Fanwood, New Jersey, previously pleaded guilty before U.S. District Judge Michael Shipp to violating the Computer Fraud & Abuse Act. Judge Shipp imposed the sentence today in Trenton federal court.
According to documents filed in this and other cases and statements made in court:
Between November 2014 and September 2016, Jha executed a series of “distributed denial of service” (DDOS) attacks on the networks of Rutgers University; these occur when multiple computers acting in unison flood the Internet connection of a targeted computer or computers. Jha’s attacks effectively shut down Rutgers University’s central authentication server, which maintained, among other things, the gateway portal through which staff, faculty, and students delivered assignments and assessments. At times, Jha succeeded in taking the portal offline for multiple consecutive periods, causing damage to Rutgers University, its faculty, and its students.
On Dec. 8, 2017, Jha, Josiah White, 21, of Washington, Pennsylvania, and Dalton Norman, 22, of Metairie, Louisiana, also pleaded guilty to criminal informations in the District of Alaska charging them each with conspiracy to violate the Computer Fraud & Abuse Act in operating the Mirai Botnet. In the summer and fall of 2016, White, Jha, and Norman created a powerful botnet – a collection of computers infected with malicious software and controlled as a group without the knowledge or permission of the computers’ owners. The Mirai Botnet, targeted “Internet of Things” devices – non-traditional computing devices that have been connected to the Internet, including wireless cameras, routers, and digital video recorders. The defendants attempted to discover both known and previously undisclosed vulnerabilities that allowed them to surreptitiously attain administrative or high-level access to victim devices for the purpose of forcing the devices to participate in the Mirai Botnet. At its peak, Mirai consisted of hundreds of thousands of compromised devices. The defendants used the botnet to conduct a number of other DDOS attacks. The defendants’ involvement with the original Mirai variant ended in the fall of 2016, when Jha posted the source code for Mirai on a criminal forum. Since then, other criminal actors have used Mirai variants in a variety of other attacks.
Jha and Norman also pleaded guilty to criminal informations in the District of Alaska charging each with conspiracy to violate the Computer Fraud & Abuse Act. From December 2016 to February 2017, the defendants successfully infected more than 100,000 primarily U.S.-based Internet-connected computing devices, such as home Internet routers, with malicious software. That malware caused the hijacked home Internet routers and other devices to form a powerful botnet.
The defendants then used the compromised devices as a network of proxies through which they routed Internet traffic. The victim devices were used primarily in advertising fraud, including “clickfraud,” a type of Internet-based scheme that utilizes “clicks,” or the accessing of URLs and similar web content, for the purpose of artificially generating revenue.
Judge Shipp also sentenced Jha to five years of supervised release and ordered him to perform 2,500 hours of community service.
On Sept. 18, 2018, all three defendants were sentenced in federal court in Alaska to serve a five-year period of probation, 2,500 hours of community service, ordered to pay restitution in the amount of $127,000, and have voluntarily abandoned significant amounts of cryptocurrency seized during the course of the investigation.
For additional information on cybersecurity best practices for IoT devices, please visit: /media/906536/dl?inline .
All three cases were investigated by the FBI. The Rutgers University case is being prosecuted by Assistant U.S. Attorney Shana Chen of the District of New Jersey. The Mirai Botnet and Clickfraud Botnet cases are being prosecuted by Assistant U.S. Attorney Adam Alexander of the District of Alaska and Trial Attorney C. Alden Pelker of the Computer Crime and Intellectual Property Section of the Criminal Division.
Additional assistance was provided by the FBI Newark Cyber Task Force, Rutgers University Police Department, N.J. State Police, the Federal Protective Service, FBI’s New Orleans and Pittsburgh Field Offices, the U.S. Attorney’s Office for the Eastern District of Louisiana, the United Kingdom’s National Crime Agency, the French General Directorate for Internal Security, the National Cyber-Forensics & Training Alliance, Palo Alto Networks Unit 42, Google, Cloudflare, Coinbase, Flashpoint, Yahoo and Akamai.
Defense counsel: Robert Stahl Esq., Westfield, New Jersey
Columbia Man Charged in Multi-Defendant Drug Case SentencedRead the Press Release
Columbia, South Carolina---- United States Attorney Sherri A. Lydon announced today that Ernest Gerod Sims, a/k/a “Kojack,” 44, of Columbia, South Carolina, was sentenced to over 15 years in federal prison for his role in a crack cocaine distribution conspiracy.
According to court documents, on August 13, 2014, the Columbia Police Department, in conjunction with the Bureau of Alcohol, Tobacco, Firearms and Explosives, conducted a controlled purchase of crack cocaine from Sims. An undercover source met with Sims at a residence on Pendleton Street and purchased crack cocaine from him. The source then turned over the crack cocaine he had purchased to police. This was part of a larger operation conducted by multiple police agencies targeting street-level drug sellers in the Midlands region.
Sims and eight others were charged in federal court in a 44-count indictment for their roles in a drug conspiracy. Sims pled guilty to possession with intent to distribute and distribution of crack cocaine. United States District Judge Joseph F. Anderson, Jr., sentenced Sims to 188 months (15 years and 8 months) imprisonment followed by 6 years of court-ordered supervision. There is no parole in the federal system.
The case was investigated by agents of the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, South Carolina Law Enforcement Division, Richland County Sheriff's Department, and City of Columbia Police Department. Assistant United States Attorney William K. Witherspoon of the Columbia office prosecuted the case.
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Clinton Man Pleads Guilty to Commercial Driver’s License FraudRead the Press Release
Jackson, Miss –Robert Anthony Davis, 49, of Clinton, pleaded guilty today to commercial driver’s license fraud, announced U.S. Attorney Mike Hurst and Regional Special Agent in Charge Todd Damiani with the U.S. Department of Transportation - Office of Inspector General.
Davis was charged on March 5, 2018, with making false and fraudulent material representations. Davis previously worked for a company that provided training and certification to individuals seeking commercial driver’s licenses ("CDLs"). His employment only authorized certification to those who were students of the company. However, Davis provided paperwork to those who were not students of his employer, representing that the applicant had taken the road skills test, when in fact the applicant had not. The fraudulent paperwork was provided to individuals seeking to obtain a CDL in exchange for payment to Davis. The fraudulent paperwork was presented by these individuals to the Mississippi Department of Public Safety in order to secure a CDL. A review of the commercial drivers’ paperwork in Mississippi showed that some of the applicants could not have achieved the results on the paperwork. Some CDL holders were interviewed and said they had never taken the test and just paid Davis for the paperwork.
"This investigation demonstrates our commitment to protecting the efficacy of DOT’s commercial driver’s license regulations and advancing safety on the roads by ensuring that only qualified individuals obtain CDLs," stated Todd Damiani, Regional Special Agent-In-Charge at U.S. DOT-OIG. "Working with our law enforcement and prosecutorial partners, we will continue our vigorous efforts to prevent, detect and prosecute fraud schemes which endanger the traveling public."
The case was investigated by the United States Department of Transportation - Office of Inspector General, Mississippi Department of Public Safety, Mississippi Bureau of Investigation and the Federal Motor Carrier Safety Administration. It is being prosecuted by Assistant United States Attorney Erin Chalk.
Church Pastor Sentenced to Three Years in Prison for Setting Fire to His Apartment in Insurance ScamRead the Press Release
WASHINGTON – Jamel Carelock, 28, the former pastor of a Baltimore church, was sentenced today to three years in prison for setting fire to an apartment he rented in Southeast Washington in a plan to collect insurance money.
The announcement was made by U.S. Attorney Jessie K. Liu, Thomas L. Chittum III, Special Agent in Charge of the Washington Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Carelock, who was pastor of Lead Church, pled guilty in August 2018, in the Superior Court of the District of Columbia, to charges of arson, felony destruction of property, and second-degree insurance fraud. He was sentenced by the Honorable Jennifer A. Di Toro. Following his prison term, he will be placed on two years of probation.
According to the government’s evidence, on Dec. 17, 2017, at approximately 1 a.m., Carelock intentionally set fire to his apartment unit in a complex in the 2500 block of R Street SE. Carelock soaked his mattress with gasoline and lit the mattress on fire, causing the fire to burn and causing extensive damage to his unit and the surrounding apartments.
The apartment complex includes 94 units, and the residents included small children and elderly individuals, who were home at the time of the fire and forced to evacuate. The fire caused more than $40,000 worth of damage and rendered at least one of the neighboring apartments uninhabitable. A law enforcement investigation revealed that Carelock had applied for an insurance policy eight days prior to the fire. He later filed a claim for more than $11,000 in damage to his property, with the intent to defraud the insurance company.
In making the insurance claim, the evidence showed, Carelock presented materially false information. He misrepresented that he was not responsible for the fire, falsely claimed that he was in Georgia at the time of the blaze, and falsely claimed that he lost personal items, to include suits and a television. In fact, Carelock had removed those items from the unit before the fire and he still had them at the time that he made the insurance claim.
The investigation also determined that Carelock’s cell phone was one mile away from the fire, five minutes after the fire alarm was pulled. Carelock was arrested on Jan. 19, 2018 and has been in custody ever since.
In announcing the sentence, U.S. Attorney Liu, Special Agent in Charge Chittum, and Chief Newsham commended the work of those who investigated the case from the ATF and MPD. They also expressed appreciation for the assistance provided by the District of Columbia Department of Fire and Emergency Medical Services and the FBI’s Cellular Analysis Survey Team. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Elizabeth Trosman, Chief of the Appellate Division; Assistant U.S. Attorneys Chrisellen Kolb, Julianne Johnston, John Hill, and Veronica Sanchez; Librarian Lisa Kosow, and Paralegal Specialist Debra McPherson.
Finally, they commended the work of Assistant U.S. Attorneys Kristina Wolf, Alissa Kempler and Melissa Price, who investigated and prosecuted the case.
Buffalo Man Charged with Bank Robbery and Threatening His Ex-girlfriendRead 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 Vincent Gibson, 37, of Buffalo, NY, was arrested and charged by criminal complaint with bank robbery, entering a bank with intent to commit a larceny, and interstate communication of a threat to injure a person. The charges carry a maximum penalty of 20 years in prison, and a $250,000 fine.
Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that on September 11, 2017, at approximately 1:36 p.m., a middle-aged black male wearing blue jeans, a tan Nautica baseball cap, a cream and gray sweater, and a plaid shirt underneath, entered the M&T Bank located at 1300 Jefferson Avenue in Buffalo. The male approached the teller and passed a note which read, "All $100 $50[,] No die (sic) Packs[,] Quiet Don't Make a Sense (sic)[.]" The teller gave the male United States currency and he departed the bank.On October 27, 2017, an individual was interviewed by the Cheektowaga Police Department, and stated he/she has known Gibson for several years. Prior to observing any surveillance images related to the bank robbery, the individual stated the defendant was wearing blue jeans, a tan Nautica baseball cap, a cream and gray sweater and a plaid shirt underneath the sweater on September 11, 2017. The individual overheard Gibson tell a friend he had just robbed a bank on Jefferson Avenue. A detective then showed the individual a surveillance photograph from the M&T Bank robbery and he/she positively identified the bank robber in the surveillance photograph as the defendant.
On January 26, 2018, a second individual, who has a familial relationship with Gibson, was interviewed by the Buffalo Police Department. He/she was shown a surveillance photograph taken during the robbery and positively identified the bank robber as the defendant.
On October 17, 2018, a special agent with the Federal Bureau of Investigation interviewed a third individual who has maintained a close relationship with Gibson. The third individual stated that he/she was aware that the defendant has robbed banks in the past. He/she also stated that Gibson admitted that he had committed many bank robberies. The third individual was shown a surveillance photograph from the M&T bank robbery and positively identified the defendant.
The complaint further states that on October 14, 2018, Victim 1 was threatened by Gibson via text message. The victim and the defendant have a child in common and the victim recently ended their relationship. These threats included statements such as: ‘I'm (sic) kill you and I mean it,” “I'm about to get your kids,” and “I be at your house you die.”
The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held.
The complaint is the result of an investigation by the Cheektowaga Police Department, under the direction of Chief David Zack; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Federal bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Buffalo Man Arrested, Charged with Possession of Butyryl FentanylRead 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 Myles Scales, 27, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute butyryl fentanyl. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that according to the complaint, on November 14, 2017, at approximately 6:04 p.m., two Buffalo Police Officers observed a blue 2013 Dodge Avenger parked in the vicinity of 1310 Broadway for a few minutes and then observed it leave. Approximately 20 minutes later, the officers observed the same vehicle parked again near 1310 Broadway, where it remained for a few minutes before departing again.
The officers followed the vehicle to the intersection of Broadway and Miller Avenue, at which time the defendant jumped out of the front passenger door of the vehicle and shuffled through traffic to the sidewalk. The officers got out of their vehicle and approached Scales who placed his right hand into the pocket of his hoodie. Concerned that the defendant was reaching for a weapon, one the officers took the defendant’s hand and pulled it from the pocket. Scales was clutching a large plastic bundle. The bundle was actually a plastic bag containing nine bundles which contained 81 white and blue-checkered glassine envelopes of suspected controlled substances. Scales was arrested at the scene. Subsequent testing determined that the substance was butyryl fentanyl.The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained.
The complaint is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Abbott Laboratories and AbbVie Inc. to Pay $25 Million to Resolve False Claims Act Allegations of Kickbacks and Off-Label Marketing of the Drug TriCor®Read the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced today that pharmaceutical companies Abbott Laboratories and AbbVie Inc. (“Abbott”) will pay $25 million to resolve allegations that it employed kickbacks and unlawful methods of marketing and promotion to induce physicians to prescribe the drug TriCor®.
The settlement resolves allegations that, between 2006 and 2008, Abbott knowingly paid kickbacks to physicians in order to induce TriCor® prescriptions. Abbott, through its sales representatives, allegedly provided physicians with improper gift baskets, gift cards, and other items to induce prescriptions of TriCor®. Abbott also engaged health care providers for consulting services and speaking engagements, where one purpose of the remuneration for the programs was to induce or reward physicians for TriCor® prescriptions.
In addition to the kickback allegations, the settlement also resolves allegations that Abbott engaged in unlawful methods of off-label marketing and promotion relating to the sale of TriCor® for unapproved indications. The FDA-approved indications for TriCor® during this time period were for use, in conjunction with diet, to treat patients with hypertriglyceridemia, mixed dyslipidemia, or hypertriglyceridemia. However, Abbott marketed the drug off-label for: (1) use in treating, preventing, or reducing cardiovascular events and other cardiac health risk; (2) use in combination with statin drugs, and (3) use as a first-line treatment of diabetic patients, including treatment to prevent or reduce cardiac health risks in diabetic patients. These uses were not FDA-approved and were not covered by federal healthcare programs.
“Federal law protects patients from medical providers who write prescriptions so they can enrich themselves, and from drug companies who do not play by the rules in their marketing and promotional efforts,” said U.S. Attorney McSwain. “Kickback schemes are a form of illegal pay-to-play business practices that have no place in our health care system; they interfere with physician-patient relationships and drive up the cost of health care. Off-label promotion and marketing practices similarly prioritize drug companies’ profits over patient care. We are proud to partner with HHS-OIG to protect the integrity of our health care programs.”
“Pharmaceutical companies that ignore rules designed to protect patients will be held accountable. Patients must be able to trust that decisions made by their doctors are based on unbiased professional judgment and not personal gain,” said Maureen R. Dixon, Special Agent in Charge of the Office of the Inspector General for the U.S. Department of Health and Human Services in Philadelphia. “We will continue to work with the U.S. Attorney’s Office in this District to root out all forms of waste, fraud and abuse in our federal health care programs.”
As a result of today’s $25 million settlement, the federal government will receive $23.2 million, and state Medicaid programs will receive $1.8 million.
This settlement resolves allegations in a lawsuit filed in the Eastern District of Pennsylvania by Amy Bergman, a former Abbott sales representative, under the qui tam, or whistleblower, provisions of the False Claims Act. The qui tam provisions permit private parties to sue for false claims on behalf of the government and to receive a share of any recovery. Ms. Bergman will receive $6.5 million as her share of the recovery in the case.
“We thank Ms. Bergman for coming forward and providing essential assistance to the government. Preserving government program funds would be far more difficult without relators who are willing to shine a spotlight on alleged illegal practices like the ones involved in this case. Ms. Bergman’s efforts, and those of her attorneys, were critical to our favorable resolution of this case,” said U.S. Attorney McSwain.
This case was a cooperative effort among the U.S. Attorney’s Office for the Eastern District of Pennsylvania, the Civil Division of the Department of Justice, the Office of the Inspector General of the Department of Health and Human Services, and the National Association of Medicaid Fraud Control Units. For the United States Attorney’s Office, Assistant United States Attorney Charlene Keller Fullmer and Auditor Dawn Wiggins handled the investigation and settlement.
The lawsuit is captioned United States ex rel. Amy Bergman, et al. v. Abbott Laboratories, Civil Action No. 2:09-cv-04264999 (E.D. Pa.). The claims resolved by the settlement are allegations only; there has been no determination of liability.
25th Defendant in Wichita Falls Drug Bust Pleads GuiltyRead the Press Release
Thirty four year-old Lonta Hobbs, the final defendant associated with a July 2018 drug bust that netted 25 defendants in Wichita Falls, has pleaded guilty, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
One defendant, Chmira Denise Williams, pleaded guilty to misprision of a felony.
The remaining 24 defendants associated with the bust pleaded guilty to conspiracy to possess with intent to distribute methamphetamine:
• Floyd Raymond Richardson
• Wayland Brent Ballard
• Brad Deshaun White
• Christopher Davis
• Virginia Ann White
• Trevor Clifford Scott *
• Teasie Winnell Scott
• Terry Lamar Murray
• John Dupree Wesley
• Javaris Damon Scott *
• Djuanna Kyvon Newman
• Chadrick Deshawn McBride
• Galvin Lamar Daniels
• Demarcus Madison
• Shelby Breanna Funk
• Christian Joseph Chavez
• Adam Domingo Garcia
• Lonta Hobbs
• Candace Rebecca Williams
• Aaron Floyd Taylor
• Jacinda Renee Burris
• Addis Scales
• Alvin Gerald Travis
• Amber Dawn Hatcher
Denene Griggs, 24, also pleaded guilty yesterday to concealing a person from arrest. She admits to sheltering two fugitives from the drug bust – her child’s father, Javaris Damon Scott, and his brother, Trevor Clifford Scott – inside her apartment. (The Scott brothers had been on the run after authorities uncovered their role in the drug conspiracy. They were arrested on September 6, 2018, when FBI and Wichita Falls Police Department investigators caught them climbing out the window of Griggs' Wichita Falls apartment.)
“As the U.S. Attorney, I lead an office that prosecutes a variety of very important federal cases, but few investigations are more important than those that protect the public from the danger and devastation caused by illegal drug trafficking,” Nealy Cox said at a press conference in Wichita Falls on July 12, following the bust.
The Federal Bureau of Investigation, Wichita Falls Police Department, Texas Department of Public Safety, Wichita County Sherriff’s Office, Vernon Police Department, 46th Judicial District Attorney’s Office, and the U.S. Marshals Service conducted the investigation. Assistant U.S. Attorney Shawn Smith is prosecuting the case.
2018 Strom Thurmond Awards for Excellence in Law Enforcement AnnouncedRead the Press Release
COLUMBIA, SOUTH CAROLINA –The United States Attorney’s Office’s Law Enforcement Coordinating Committee, along with the South Carolina Law Enforcement Officers’ Association (SCLEOA) and the Strom Thurmond Foundation, hosted the annual Strom Thurmond Awards for Excellence in Law Enforcement Luncheon today at the Fort Jackson Officers' Club, Fort Jackson, South Carolina. Approximately 150 state, local, and federal law enforcement officials from across the state attended the awards luncheon.
The following South Carolina law enforcement officers received the 2018 awards:
City – Chief William H. “Skip” Holbrook, City of Columbia Police Department
County – Sheriff Barry S. Faile, Lancaster County Sheriff’s Office
Federal – Special Agent Jacquelyn K. Hamelryck, Federal Bureau of Investigation
State – Lieutenant Sigrid C. Phinney, SLED
The Strom Thurmond Awards for Excellence in Law Enforcement were established by Senator Strom Thurmond in 1983 to recognize law enforcement officers whose performances demonstrate the highest ideals of excellence in professional law enforcement. An annual award is given in each of four categories: (1) City Officer; (2) County Officer; (3) State Officer; and (4) Federal Officer. An awards committee composed of representatives from the U.S. Attorney's Office, the Strom Thurmond Foundation, the Federal Bureau of Investigation, and the South Carolina Law Enforcement Division, along with a police chief and sheriff who have received the award selected the recipients from nominations received from across the state.
United States Attorney Sherri Lydon stated, "We are proud to recognize these officers to exemplify the best in law enforcement and endeavor every day to secure communities across South Carolina.”
City Recipient
William H. “Skip” Holbrook
Chief
City of Columbia Police Department
Chief William H. “Skip” Holbrook has more than 27 years of law enforcement experience, the last 12 of which have been in executive and command positions. He was appointed Chief of the Columbia Police Department on April 14, 2014. Under his leadership, the Columbia Police Department has implemented many organizational and operational reforms which have been recognized by the U.S. Department of Justice for 21st century policing efforts. In addition, the department has received the S.C. Law Enforcement Officers’ Association (SCLEOA) SCANA Award of Excellence and has been awarded national accreditation by the Commission for Accreditation of Law Enforcement Agencies (CALEA).
Chief Holbrook began his law enforcement career in 1987 with Charlotte Police Department in N.C. He went on to have a distinguished career with the N.C. State Bureau of Investigation where he achieved the rank of Assistant Special Agent in Charge for the Southern Piedmont District, Charlotte office. Prior to coming to the Columbia Police Department in 2014, Chief Holbrook who is a native of Huntington, W. VA, served as their Police Chief for seven years.
Chief Holbrook earned his Bachelor’s Degree in Criminal Justice from Marshall University and a Master’s in Business Administration from Pheiffer University. He is a graduate of the FBI National Academy, the Police Executive Research Forum’s (PERF) Senior Management Institute for Police, the FBI’s National Executive Institute, and the University of Virginia’s Weldon Cooper Center for Public Service Senior Executive Institute. Chief Holbrook is also a Furman University Riley Institute Diversity Fellow.
Chief Holbrook is an active member of the S.C. Law Enforcement Officers’ Association, S.C. Police Chiefs’ Association, International Association of Chiefs of Police, FBI National Academy Associates National Executive Institute Association. He serves as a member of the S.C. Governor’s Opioid Emergency Response Team. Chief Holbrook is married and has three children.
County Recipient
Barry S. Faile
Sheriff
Lancaster County Sheriff’s Office
Sheriff Barry Faile began his law enforcement career at the Lancaster County Sheriff’s Office in 1989 as a patrol deputy and worked his way through the ranks as a Patrol Deputy, Criminal Investigator, Narcotics Investigator, Multi-Jurisdictional Task Force Commander, Patrol Captain, and Chief Deputy. He was elected Sheriff in 2009 and under his leadership and guidance, Lancaster County Sheriff’s Office achieved accreditation through the South Carolina Law Enforcement Accreditation Coalition in 2011. In 2013, the Sheriff’s Office received national accreditation through the Commission on Accreditation for Law Enforcement Agencies (CALEA).
Additionally, Sheriff Faile has obtained more than $5 million in grant money to improve and modernize the Sheriff’s Office to better serve citizens of Lancaster County. In 2017, his agency completed their implementation of a body worn camera program that greatly increased accountability, criminal prosecution, and officer safety. Grant funding made it possible to implement video conference bond hearings in the detention center and a countywide 800 mhz radio system. Again, utilizing grant funds for their “CrimeTRAC” program, Lancaster County has seen a significant decrease in crime since its implementation in 2013.
A life-long resident of Lancaster County, Sheriff Faile is committed to the quality of life for its citizens. For example, the Crime Watch program grew from 12 neighborhoods to 37 in just two years. He and his officers are integral parts of the Lancaster County Coalition for Healthy Youth and the Lancaster Promise Neighborhood, aimed at revitalizing high-crime areas and mentoring high-risk youth. In 2018, Sheriff Faile started a Senior Services Unit which focuses on increasing safety and improving the quality of life for senior citizens. Included among firsts for the Sheriff’s Office under his leadership are a Career Ladder designed to recruit and retain experienced and educated officers, the first Professional Standards Unit, the first Crowd Control Unit,
Sheriff Faile was awarded the 2018 Sheriff’s Association Sheriff of the Year. He currently serves as the SCLEOA 1st Vice President and is the Past President of South Carolina Sheriff’s Association. Sheriff Faile and his wife and their three children reside in Lancaster where he is an active member of the community and church. He is a regular volunteer at local high school sporting events where he can be found in the concession stand working for the booster club.
Federal Recipient
Jacquelyn K. Hamelryck
Special Agent
Federal Bureau of Investigation
FBI Special Agent Jacquelyn “Jackie” Hamelryck began her career 25 years ago at the Greenville County Sheriff’s Office. In 1998, she joined the FBI and was initially assigned to the Miami Office Gang Squad working Haitian violent crime. She later supervised the South Carolina Joint Terrorism Task Force through 2016. She was responsible for managing the 24/7 surveillance of an international terrorism subject for over three months and involved over 50 surveillance teams that contributed to his conviction for the material support of terrorism. During this same time, SA Hamelryck stood-up and managed a second FBI command post to support potential domestic terrorism threats emanating from the Mother Emmanuel AME Church shooting in Charleston. She was also responsible for initiating and incorporating terrorism training to all new state and local law enforcement officers at the SC Criminal Justice Academy.
More recently, SA Hamelryck has served as the Violent Crimes Against Children Coordinator and was responsible for the safe recovery of 10 child sex trafficking victims and arrest of their pimps. She was instrumental in the murder investigation of a mother and the 10-day search for her kidnapped and murdered eight-year-old daughter in Bennettsville. She apprehended a predator who used the identities of college athletic coaches to gain access and sexually exploit young female athletes across the country.
As FBI Columbia’s Crisis Negotiation Coordinator, she is responsible for teaching negotiator classes to hundreds of first responders statewide. She has also provided instruction to over 1000 federal, state, and local negotiators nationwide. SA Hamelryck was responsible for managing the communications in multiple drug-related kidnappings and obtained proof-of-life evidence that contributed to the safe recovery of the victims. During the Still kidnapping in Calhoun County, SA Hamelryck spent five days at the Sheriff’s Department with the victim’s father receiving calls from the kidnappers associated with the Sinaloa Drug Cartel in Mexico. SA Hamelryck was a key witness in the two trials and introduced critical evidence from the ransom negotiations against the three kidnappers who received 30 years to life in federal prison. SA Hamelryck’s team successfully negotiated the last four occupiers on the Malheur National Wildlife Refuge in Oregon to end the 41-day armed standoff.
SA Hamelryck has received numerous internal FBI awards in recognition for her role in high-profile national security and criminal investigations. She was named Rookie of the Year in 1994 by the Greenville County Sheriff’s Office. She was recognized by the United States Attorney’s Office, Southern District of Florida, as Agent of the Year in 2000 for the successful prosecution of violent Haitian home invaders. In 2015, she was nominated for the United States Attorney General Award.
SA Hamelryck earned a Bachelor of Science Degree in Criminal Justice from the University of South Carolina and will graduate with a Master’s Degree in Criminal Behavior from Tiffin University in December 2018. She is married and has two children.
State Recipient
Sigrid C. Phinney
Lieutenant
SC Law Enforcement Division
Lieutenant Sigrid C. Phinney began her law enforcement career in 1998 with the Summerville Police Department where she served as a patrol officer, bicycle officer and School Resource Officer. In 2005, she accepted a position with the South Carolina Law Enforcement Division (SLED) and is currently assigned to the SeaHawk Charleston Interagency Operations Center (IOC) as the State IOC Coordinator and Automatic License Plate Recognition program leader.
As State IOC Coordinator, Lieutenant Phinney assists in coordinating with federal, state, local, and private sector partners to support criminal investigations and homeland security needs, such as Cooper River Bridge Runs, multi-agency strike force operations, VIP visits to the Charleston area, the USS Ralph Johnson Ship Commissioning, and the creation of the IBIS/NIBIN database in Alastar. As a result of her coordination efforts, including “Operation SHRIMP and GRITS,” the U.S. Coast Guard Sector Charleston was awarded the Area Maritime Security Committee in 2017. "Operation SHRIMP and Grits," a five- hour operation included SC, GA, and FL, encouraged boating safety and maritime security, and incorporated 89 agencies and 409 personnel, while covering 430 miles of coastline. In 2018, Lieutenant Phinney was awarded a SLED Certificate of Merit for assisting Charleston Police Department and FBI in a kidnapping case involving a four-year old. Her assistance included creating a timeline of the suspect’s movements before, up to, and after the attack on the family.
Lieutenant Phinney received a Bachelor’s Degree in Criminal Justice from Charleston Southern University in 2004 and is currently working on her Master’s Degree in Criminal Justice at Anderson University Command College in Anderson, SC. Lt Phinney is married and has one child. While working full time and attending school, she continues to assist with Special Olympics events along with assisting her child in 4-H community projects, including Operation Shoebox. Lt. Phinney also volunteers at her child’s school when needed for drama club performances, tennis matches, and piano recitals.
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Pictured from left to right: Solicitor Strom Thurmond, Jr., US Attorney Sherri A. Lydon, County Award Winner Sheriff Barry S. Faile, Federal Award Winner Special Agent Jacqueline Hamelryck, State Award Winner Lieutenant Sig Phinney and City Award Winner Chief William "Skip" Holbrook
Thursday 25 October 2018
York Man Indicted for Drug Trafficking and Firearm OffensesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jose David Santiago-Curet, age 22, of York, Pennsylvania, was indicted by a federal grand jury on drug trafficking and firearm offenses.
According to U.S. Attorney David J. Freed, the indictment alleges that Santiago-Curet possessed with the intent to distribute cocaine base, possessed a firearm in furtherance of drug trafficking, and possessed a firearm (9mm Ruger) as a previously convicted felon on June 30, 2018, in York County.
The matter was investigated by the York City Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Scott R. Ford is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for possession of a firearm in furtherance of drug trafficking is up to life in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Wilson County Man Sentenced to 22 Years in Prison for Firearm OffensesRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that today in federal court, United States District Judge James C. Dever III sentenced ROBERT LEE HOLDEN, JR., 50, of Wilson, to 264 months of imprisonment followed by 5 years of supervised release.
HOLDEN was convicted following a two-day trial on July 9, 2018. The jury found HOLDEN guilty of Possession of a Stolen Firearm and Being a Convicted Felon in Possession of a Firearm.
The evidence at trial showed that on July 5, 2016, Officers of the Wilson County Sheriff’s Office responded to a shots fired call. Officers responded to the scene and discovered HOLDEN on the front porch of his residence. After inviting the officers to search his home for firearms, the officers discovered a .357-caliber revolver on a leather ottoman, only a few feet from where HOLDEN was standing. The revolver had one spent shell casing inside its cylander. Addtionally, officers determined that the firearm was a stolen firearm taken from the home of HOLDEN’S uncle who lived nearby.
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.
In support of PSN, the United States Attorney’s Office for the Eastern District of North Carolina has implemented the Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The case was investigated by the Wilson County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). James J. Kurosad prosecuted the case on behalf of the United States.
Westport Man Admits Fraud Scheme, Making False StatementsRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that BARTON STUCK, 72, of Westport, pleaded guilty today in New Haven federal court to multiple offenses stemming from an investment fraud scheme.
According to court documents and statements made in court, Stuck controlled related business entities, including Signal Lake General Partner LLC, Signal Lake Operations LLC, Signal Lake Management LLC, Signal Lake Side Fund LP, Signal Lake Side Fund II LP, Signal Lake Side Fund IIA LP, Signal Lake Top Prospects Fund, and SLT Logic LLC (collectively, the “Signal Lake entities”). The Signal Lake entities were venture capital vehicles investing in various technology companies. Stuck solicited investments for the Signal Lake entities.
In pleading guilty, Stuck admitted that he committed fraud in 2015 and 2016 by, among other things, misrepresenting the financial health and prospects of the Signal Lake entities and their investments in order to enrich himself. In one instance, Stuck made misrepresentations to an undercover FBI agent posing as a prospective investor. Stuck falsely guaranteed a payment of twice the original $500,000 investment, falsely claimed that a Signal Lake entity had $200 million in a particular bank account, and falsely stated that a $50,000 fee would be used for accounting and legal expenses.
Stuck also admitted that he made false statements in forms that he filed with the Securities and Exchange Commission in 2016 and 2017. Specifically, Stuck falsely claimed that a Signal Lake entity managed and had a gross asset value of $145 million, and was subject to annual audits by a Stamford accounting firm.
On February 21, 2018, a grand jury returned an indictment charging Stuck with one count of wire fraud, one count of engaging in illegal monetary transactions, and two counts of making false statements to the SEC. Today, Stuck pleaded guilty to all four counts of the indictment.
Stuck is scheduled to be sentenced by U.S. District Judge Jeffrey A. Meyer on January 22, 2019, at which time he faces a maximum term of imprisonment of 40 years.
Stuck is released on a $100,000 bond pending sentencing.
Signal Lake investors who believe that they may be victims of this investment scheme are encouraged to contact FBI Special Agent Mark Munster at (203) 777-6311.
This investigation is being conducted by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney Jonathan Francis.
Westchester County Registered Sex Offender Sentenced to More Than 32 Years in Prison for Enticing A Minor via InstagramRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York announced today that DAVID OHNMACHT, a registered sex offender, was sentenced to 390 months in prison for enticing a 14-year-old girl via Instagram to engage in sexual conduct and for engaging in this criminal conduct while a registered sex offender. OHNMACT manipulated the girl into taking sexually-explicit images of herself and sending them to him online. OHNMACHT pled guilty on May 31, 2018, before U.S. District Judge Nelson Roman, who imposed today’s sentence.
Manhattan U.S. Attorney Geoffrey S. Berman stated: “This case underlines the urgent need for law enforcement to continue its efforts to protect children from those who prey on them. As today’s sentencing demonstrates, we will use every tool available to law enforcement to prosecute and punish those who sexually exploit children.”
According to documents filed in this case and statements made in related court proceedings:
On August 19, 2003, OHNMACHT was convicted in Westchester County Court of multiple sexual abuse and sexual assault charges including Sexual Abuse in the Third Degree, Possessing an Obscene Sexual Performance by a Child less than 16 years old, Rape in the First Degree, Use of a Child less than 17 years of age in a Sexual Performance, and Sexual Abuse in the First Degree. As a result of these convictions, OHNMACHT was sentenced to a term of 40 months to 10 years in prison. After serving approximately nine years in prison, OHNMACHT was released on November 1, 2011. He then began a five-year term of post-release supervision with New York State Parole that ended on November 1, 2016.
From November 2016 through February 2017, OHNMACHT communicated online with a 14-year-old girl (“Victim-1”) using two different Instagram accounts. OHNMACHT purported to be a 19-year-old male on one of the Instagram accounts and a teenage girl on the other account. OHNMACHT manipulated Victim-1 into taking and transmitting sexually-explicit images of Victim-1 to OHNMACHT. OHNMACHT told Victim-1 that if she did not make and transmit additional images, he would expose Victim-1’s prior images to her friends on Instagram.
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In addition to the prison term, OHNMACHT, 37, of Katonah, New York, was sentenced to 10 years of supervised release.
Mr. Berman praised the efforts of the Federal Bureau of Investigation, the New Hanover County Sheriff’s Office in Wilmington, North Carolina, and the Bedford Police Department in connection with this investigation.
The prosecution is being handled by the Office’s White Plains Division. Assistant United States Attorney Marcia S. Cohen is in charge of the prosecution.
West Virginia Man Charged with Trafficking $2.5M of Meth and CocaineRead the Press Release
PITTSBURGH – A West Virginia man has been arrested and charged in federal court in Pittsburgh with conspiracy to distribute and possession with intent to distribute large quantities of methamphetamine and cocaine, United States Attorney Scott W. Brady announced today.
The criminal complaint, filed on October 22, charges Durell Anthony Jones, 33, of Fairmont, West Virginia, with drug conspiracy, possession with intent to distribute methamphetamine and possession with intent to distribute cocaine.
U.S. Attorney Brady said, "This is the largest seizure of methamphetamine in the history of western Pennsylvania. Through the hard work of our federal, state and local partners, over 122 pounds of methamphetamine and 10 pounds of cocaine, with an estimated street value of $2.5 million, have been taken off the street. We have disrupted a major narcotics trafficking organization."
According to the criminal complaint, at approximately 5:30 a.m. on October 21, 2018, Jones was observed by law enforcement officers parking near a tractor trailer with California tags in the back of a gas station in Portersville, Pennsylvania. After opening his trunk and making movements to the rear of his vehicle, he drove a Kia Sedan onto Interstate 79, southbound. A trooper from the Pennsylvania State Police stopped the Kia for a violation of the Pennsylvania motor vehicle laws as it was traveling South on Interstate 79. Jones provided his name and date of birth, and State Police were able to determine that Jones had an active warrant out of Michigan.
According to the complaint, a search of the Kia revealed approximately 55.5 kilograms of methamphetamine and approximately 4.58 kilograms of cocaine. The meth and cocaine were located in the trunk of the vehicle in four separate duffle-type bags.
Jones appeared this week in federal court in Pittsburgh. He was ordered detained without bail.
The law provides for a mandatory minimum term of imprisonment of at least 10 years and not more than life. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Troy Rivetti and Jeffrey R. Bengel are prosecuting this case.
U.S. Attorney Brady commended the Drug Enforcement Administration and the Pennsylvania State Police for the investigation that led to the complaint against Jones.
A criminal complaint is only a charge and is not evidence of guilt. A defendant may not be prosecuted unless, within 30 days, a grand jury has found probable cause to believe that he is guilty of an offense.
Upshur County man sentenced for his role in a firearms conspiracyRead the Press Release
ELKINS, WEST VIRGINIA – Timothy Glen Woods, of French Creek, West Virginia, was sentenced today to 27 months incarceration for his role in a stolen firearms conspiracy, United States Attorney Bill Powell announced.
Woods, age 28, pled guilty to one count of “Possession of a Firearm – Aiding and Abetting” in April 2018. Woods admitted to having 21 stolen firearms with the intent to conceal, sell, and barter the firearms in October 2016.
Woods was also ordered to pay $52,843.91, to be paid jointly with two other defendants, in restitution.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Bureau of Alcohol, Firearms, Tobacco and Explosives, The Mountain Region Drug & Violent Crime Task Force, the Greater Harrison Drug &Violent Crime Task Force, a HIDTA-funded initiative, the West Virginia State Police, Upshur County Sheriff’s Office, Lewis County Sheriff’s Office, the Buckhannon Police Department, and the Weston Police Department investigated.
U.S. District Judge John Preston Bailey presided.
Two supervisors at an aluminum manufacturing company in Mahoning County indicted for obstructing an investigation following a workplace deathRead the Press Release
Two men employed by an aluminum manufacturing company in Mahoning County were indicted for conspiracy to obstruct justice related to an investigation following the workplace death of an employee.
Named in the four-count indictment are Brian K. Carder, 62, of Stow, and Paul Love, 57, of Lake Milton. Both men are charged with one count each of conspiracy to obstruct justice, obstruction of justice and obstruction of proceedings. Love is also charged with one count of making false statements to law enforcement.
Carder was the general manager at Extrudex, an aluminum extrusion manufacturing company with a facility in North Jackson. Love was the safety coordinator and human resources director at Extrudex.
According to the indictment:
Extrudex processed aluminum. Part of this process included the conveyance of extruded aluminum pieces through a long, walk-in, tunnel-style oven. Employees routinely loaded and unloaded the oven manually by pushing racks of aluminum into and out of the oven on a roller conveyor system. This was known as the racks and rollers system.
Carder on Dec. 3, 2009 sent an email to an Extrudex employee, copying Love and other employees, regarding maintenance and safety issues with the racks and rollers system in the oven. Among other things, Carder wrote that the racks and rollers system was “in need of dire attention” and that issues with the system “must be a priority or someone is going to get seriously hurt.”
Love sent an email to employees and copied Carder on Nov. 30, 2011, regarding oven racks falling off the rollers.
Carder sent an email to Love and other employees on June 12, 2012, about safety issues with the racks and rollers system. Carder stated that he witnessed racks fall off the rollers and maintenance was needed. He added regular monitoring and maintenance was needed and stated that “[w]e are going to wait until someone gets seriously injury or possibly killed when a rack falls on them.”
Love forwarded this email from Carder to others stating that routine inspection of the racks and rollers “must be a top priority issue.”
An employee sent an email to Love on June 26, 2012 stating a rack fell off the rollers and that racks were frequently “freezing up.” The employee also stated: “I’m afraid someone is going to get hurt if we can’t think of a better system to get these racks out of the oven safely.” Love forwarded that email to others, including Carder.
The same employee sent another email to other employees on Oct. 26, 2012 stating the oven racks fell off the rollers twice that night and that “someone is going to (get) hurt if nothing else is done about it”.
On that same date another employee sent an email stating the oven racks fell off twice and “someone is seriously going to get hurt or even killed because of this.”
On Oct. 30, 2012, two metal racks stacked on top of each other with hot aluminum product weighing an estimated 4,000 to 5,000 pounds tipped over onto two employees who were pushing the racks on the roller conveyor system.
Both employees were pinned under the hot racks and hot aluminum. One employee, identified in the indictment as J.T., was pronounced dead the scene. Another employee, identified in the indictment as D.B., was rescued by other works and hospitalized with severe burns.
The next day, the Occupational Safety and Health Administration (OSHA) initiated an investigation.
OSHA requested Extrudex, Carder and Love produce emails from specific employees to management regarding racks and rollers. Carder, Love and Extrudex produced the two emails of Oct. 26, 2012, but not the June 26, 2012 email.
Carder and Love devised a plan to provide false statements to the OSHA investigator. They persuaded employees -- including by suggesting their jobs might be in jeopardy -- to draft statements recanting previous emails about safety issues with the racks and rollers system, according to the indictment.
Love and Carder also provided materially false statements regarding, among other things, the safety issues with the racks and rollers system, according to the indictment.
“These supervisors threatened employees and lied to investigators,” U.S. Attorney Justin Herdman said. “They will be held accountable.”
“An important mission of the Office of Inspector General is to investigate allegations of criminal misconduct related to U.S. Department of Labor (DOL) programs. We will continue to work DOL’s Occupational Safety and Health Administration and our law enforcement partners to hold those accountable who jeopardize workers’ safety,” said James Vanderberg, Special Agent-in-Charge, Chicago Region, U.S. Department of Labor Office of Inspector General.
The investigation is ongoing.
This case was investigated by the U.S. Department of Labor, Office of Inspector General. It is being prosecuted by Assistant U.S. Attorneys Carmen Henderson and Om Kakani.
If convicted, the defendants’ sentences will be determined by the Court after review of factors unique to this case, including the defendants’ prior criminal records, if any, the defendants’ role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only an accusation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Two New York Diamond Merchants Convicted for Defrauding Victims Out of More Than $12 Million in DiamondsRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that SHOLOM MURATOV and MENACHEM ABRAMOV were convicted yesterday, following a seven-day trial in Manhattan federal court, of conspiring to defraud diamond sellers in Mumbai, India out of more than $12 million in loose diamonds. MURATOV will be sentenced on March 26, 2019 and ABRAMOV will be sentenced on March 28, 2019, by Judge Lorna G. Schofield, who presided over the trial.
Ten other defendants have previously pled guilty in connection with their participation in this and related schemes.
Manhattan U.S. Attorney Geoffrey S. Berman said: “These defendants engaged in a brazen, multi-million dollar fraud scheme extending from New York to Mumbai. Thanks to the outstanding work of our law enforcement partners, these fraudsters have been convicted at trial and will be sentenced for their crime.
According to the evidence presented at trial:
From in or about December 2015, up to and including at least in or about December 2016, MURATOV and ABRAMOV participated in a coordinated and wide-ranging conspiracy to defraud a group of diamond wholesalers in Mumbai (the “Victim Merchants”) out of millions of dollars in loose diamonds known as “melee” diamonds. The scheme involved numerous misrepresentations to the Victim Merchants, including but not limited to: (i) the defendants’ corporate affiliations; (ii) the longevity and track records of those corporations; (iii) that the defendants were not affiliated with one another, and, most significantly; (iv) purporting to agree to payment terms proposed by the Victim Merchants in order to induce the Victim Merchants to release diamonds without having received full payment. Together, through these fraudulent misrepresentations, the defendants succeeded in convincing the Victim Merchants to provide them over $12 million worth of loose diamonds, for which MURATOV, ABRAMOV, and their co-conspirators provided no payment. Members of the conspiracy then sold the diamonds in Manhattan’s Diamond District.
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MENCHAM ABRAMOV, 32, and SHOLOM MURATOV, 36, have been convicted of conspiring to commit mail fraud, which carries a maximum sentence of 20 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding work of the FBI, the CBP, and the NYPD.
The prosecution of this case is being overseen by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Noah Falk, Andrew Thomas, and Drew Skinner are in charge of the case.
Two Mexican Nationals Indicted for Growing Marijuana on Public Land in Modoc CountyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a three-count indictment today against Agustin Rodriguez-Sandoval, 44, and Gustavo Barraza-Barboza, 33, both Mexican nationals, charging them with conspiracy to grow marijuana, growing marijuana, and damaging public lands, U.S. Attorney McGregor W. Scott announced.
According to court records, the two men were arrested on October 12, 2018, following a raid on a marijuana-cultivation site on public land near Likely, California, in the Modoc National Forest, in Modoc County. Agents eradicated over 3,300 growing marijuana plants at the site and seized another recently harvested 800 marijuana plants.
This case is the product of an investigation by the U.S. Forest Service, the Modoc County Sheriff’s Office, and the California Department of Fish and Wildlife.
If convicted of either of the marijuana charges, both defendants face a mandatory minimum penalty of 10 years in prison, and a maximum penalty of life in prison and a $10 million fine. If convicted of damaging public lands, the defendants face a maximum penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. These charges are only allegations; the defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Two Danville Men Plead Guilty to Child Pornography ChargeRead the Press Release
Danville, VIRGINIA – A pair of Danville men pleaded guilty today in U.S. District Court in Danville to a charge of production of child pornography, United States Attorney Thomas T. Cullen announced.
Today in District Court, Matthew Ceasar Ferguson, 22, and Joshua Malik Coleman, 22, both of Danville, each pleaded guilty to one count of production of child pornography. At sentencing, each faces a minimum mandatory sentence of 15 years in prison and a statutory maximum sentence of 30 years’ incarceration.
“Protecting children from sexual exploitation is among our top priorities,” said U.S. Attorney Cullen. “I am grateful for the dedication and commitment of our federal, state, and local partners in bringing these two sexual predators to justice.”
According to a statement of facts entered into the record during today’s guilty plea hearing by Assistant United States Attorney Heather L. Carlton, on October 22, 2016, Ferguson contacted Victim A, a juvenile female who was 15-years-old at the time, via Facebook Messenger. Ferguson informed Victim A that he and his cousin, Joshua Coleman, had alcohol, and asked if Victim A wanted to hang out. Victim A agreed. Although they knew each other, Victim A had never socialized with Ferguson or Coleman prior to October 22, 2016.
Coleman picked up Victim A and drove her to his house in Danville, made alcoholic drinks for her from multiple bottles of different alcohols, and all three, Victim A, Coleman, and Ferguson, smoked K-2, a synthetic form of marijuana. At some point, Victim A passed out. When she woke up between 2 a.m. and 3 a.m., she did not feel well and asked Ferguson and Coleman to drive her to the hospital. The two dropped her off outside and drove away. Victim A was treated for alcohol poisoning.
A few weeks later, Victim A saw two videos on Facebook showing herself engaging in sexual intercourse with Ferguson and Coleman. In both videos, Ferguson and Coleman record themselves having sexual intercourse with Victim A while recording the events on a cellphone. Towards the end of the videos, Victim A appears unresponsive.
Victim A did not give permission for the sexual contact or the filming of it. At the time of filming, Victim A was 15-years-old.
The investigation of the case was conducted by the Federal Bureau of Investigation, the Danville Police Department, the Pittsylvania County Sheriff’s Office, and the Danville Commonwealth Attorney. Assistant United States Attorney Heather L. Carlton and Ronald M. Huber are prosecuting the case for the United States.
This case is part of Project Safe Neighborhoods (PSN), a federal program designed to bring 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 each community’s most violent criminals. Attorney General Sessions directed all U.S. Attorney’s Offices to work in partnership with federal, state, and local law enforcement, as well as the local civilian community, to develop effective, targeted strategies to reduce violent crime. This case is a product of that collaborative effort.
Twin Cities Construction Company Owner Sentenced to 49 Months in Prison for Defrauding Investors Out of $880,000Read the Press Release
United States Attorney Erica H. MacDonald announced the sentencing of JESSE WELLS HAUG, 33, to 49 months in prison for defrauding real estate investors out of $880,000. HAUG, who pleaded guilty on June 4, 2018, to one count of wire fraud, was sentenced yesterday before Chief Judge John R. Tunheim in U.S. District Court in Minneapolis, Minnesota.
According to the defendant’s guilty plea and documents filed in court, HAUG is the owner of a Twin Cities-based construction company called 7-10 Services, LLC. Beginning in 2015 and continuing through the end of 2016, HAUG executed a scheme to defraud investors by falsely representing to them that he would use their money to purchase and renovate residential real estate, and, in exchange, he would share the profits when the properties were re-sold, or “flipped.”
According to the defendant’s guilty plea and documents filed in court, during the course of the scheme, HAUG obtained $880,000 from two victim-investors to purchase and renovate residential properties located throughout the Twin Cities. During the course of HAUG’S interactions with the victims, HAUG provided them with false documentation showing how the investment money was purportedly being used, false information about upcoming real estate closings and re-sales of properties HAUG claimed to have flipped, as well as fictional documents showing “returns” from the so-called investment properties. In reality, HAUG spent the investment money on personal expenses, including credit card bills, and never purchased or sold any of the properties.
This case was the result of an investigation conducted by the FBI and the Minnesota Commerce Fraud Bureau.
Assistant United States Attorneys Kimberly A. Svendsen and Charles J. Kovats prosecuted this case.
Defendant Information:
JESSE WELLS HAUG, 33
Rosemount, Minn.
Convicted:
- Wire fraud, 1 count
Sentenced:
- 49 months in prison
- Three years of supervised release
- $880,000 in restitution
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Twenty-Seven Defendants Charged in Takedown of Violent Trenton Drug Trafficking GangRead the Press Release
12 Arrests Made in Coordinated Takedown by Federal and State Law Enforcement; Four Defendants At-Large, Remaining 10 Defendants Already in Custody
TRENTON, N.J. – Federal criminal charges were filed against 27 individuals who used violence as part of a conspiracy to distribute significant quantities of heroin and other narcotics in Trenton and whose members possessed numerous firearms in furtherance of the gang’s activities, U.S. Attorney Craig Carpenito announced today.
The complaint unsealed today charges 26 defendants with conspiracy to distribute one kilogram or more of heroin. Six of the defendants – Jakir Taylor, Timothy Wimbush, Taquan Williams, Jubri West, and Dennis Cheston Jr. – are also were charged with possessing firearms in furtherance of a drug trafficking crime. Wimbush, Williams, and Cheston are additionally charged with unlawfully possessing firearms after having been convicted of a felony. In a separate criminal complaint filed today, Keyanda Phelps was charged with unlawful possession of a firearm by a convicted felon. (See attached chart for information on the defendants.)
“Despite progress in reducing gun violence in Trenton, we cannot rest,” U.S. Attorney Carpenito said. “A recent spate of shootings shows that we must always be vigilant, and ready to respond to gang violence. Our message to the Trenton community should be loud and clear: We are here, we are watching, and we will not stand idly by while illegal drug distribution, firearms possession, and violent crime terrorize this great city.”
“Today’s arrests reflect the commitment of the FBI and our state, local and federal partners,” Gregory W. Ehrie, Special Agent in Charge of the FBI's Newark Division, said. “We will continue to target these violent offenders who prey on the City of Trenton and the surrounding communities.”
“ATF will always stand shoulder to shoulder with our law enforcement partners in furtherance of our combined goal to reduce violent crime and protect the citizens of New Jersey,” ATF Newark Field Division Special Agent in Charge John B. DeVito said. “This investigation is yet another example of how effective utilization of crime gun intelligence affords law enforcement the ability to successfully identify, isolate and stop those individuals and organizations that endanger our communities.”
The 12 defendants arrested today, as well as 10 defendants who were already in custody, are scheduled to have their initial appearances this afternoon before U.S. Magistrate Judge Douglas E. Arpert in Trenton federal court. One defendant is serving a sentence in state prison and will have his initial appearance at a later date. Four defendants remain at-large.
According to documents filed in this case and statements made in court:
From October 2017 to October 2018, the defendants and others engaged in a narcotics conspiracy that operated in the areas of Martin Luther King Boulevard; Sanford, Middle Rose, and Southard streets; and Hoffman and Coolidge avenues. The defendants sought to profit from the sale of heroin and other illegal drugs in Trenton.
Through the interception of telephone calls and text messages pursuant to court-authorized wiretap orders, controlled purchases of heroin, the use of confidential sources of information, and other investigative techniques, law enforcement learned that Jakir Taylor and Jerome Roberts obtained regular supplies of hundreds of “bricks” of heroin (a brick is approximately 50 smaller, individually packaged glassine envelopes or baggies containing heroin) from David Antonio, whom they referred to as “Papi.” Other key members of the drug trafficking conspiracy included Omar Council, Gary Ausmore, Brian Phelps, Davias Taylor, and others.
Members of the conspiracy re-distributed the heroin supplied by Papi and other sources, for profit, to other conspirators, distributors, sub-dealers, and end users in and around Trenton. Law enforcement officers intercepted numerous discussions among the conspirators regarding issues such as heroin quality and availability, pricing, packaging, quantity, and customer satisfaction.
To protect their drug-trafficking activities, multiple conspirators possessed, shared, supplied, and actively sought to obtain firearms. Law enforcement seized at least five semiautomatic firearms possessed by members of the conspiracy, including three semiautomatic handguns and an assault rifle located in a vehicle’s secret compartment specially outfitted to hide contraband. On another occasion, Jakir Taylor sent to another conspirator a photograph of three handguns—one outfitted with an extended magazine capable of loading approximately 50 rounds of ammunition—accompanied by a message that read, “War ready.”
The charges filed today come on the heels of a recent spate of gun violence in the area of Martin Luther King Jr. Boulevard, Sanford and Middle Rose streets, primary locations of the conspiracy’s drug trafficking operations. The investigation is continuing; however, based on the information and evidence obtained to date, law enforcement has reason to believe that a significant amount of this recent gun violence resulted from an ongoing dispute between members of the conspiracy and a rival gang. The charges are the result of a two-year investigation by the Greater Trenton Safe Streets Task Force. Led by the FBI, the Task Force is comprised of various federal, state, and local law enforcement agencies whose mission is to combine resources and intelligence to enhance the identification, apprehension, and prosecution of individuals involved in gang-related activities, violent crime, and drug distribution in and around Trenton.
The drug conspiracy count carries a statutory mandatory minimum term of imprisonment of 10 years, a maximum potential penalty of life in prison, and a maximum fine of $10 million. The count charging Taylor, Wimbush, Williams, West, and Cheston with possessing a firearm in furtherance of a drug-trafficking crime carries a statutory mandatory minimum term of five years, which must run consecutive to any other sentence imposed, and a maximum potential penalty of life in prison. The felon-in-possession charges against Wimbush, Williams, Cheston, and Keyanda Phelps carries a maximum potential penalty of 10 years in prison and a $250,000 fine.
U.S. Attorney Carpenito credited special agents of the FBI, Newark Division, Trenton Resident Agency, under the direction of Special Agent in Charge Gregory W. Ehrie; special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Newark Division, Trenton Satellite Office, under the direction of Special Agent in Charge John B. Devito; officers of the Trenton Police Department, under the direction of Acting Police Director Christopher Doyle; officers of the Princeton Police Department, under the direction of Chief of Police Nicholas Sutter; officers of the Ewing Police Department, under the direction of Chief of Police John P. Stemler III; officers of the Burlington Township Police Department, under the direction of Police Director Bruce Painter; and detectives of the Burlington County Prosecutor’s Office, under the direction of Prosecutor Scott A. Coffina, with the investigation leading to today’s charges. He also thanked officers of the N.J. State Police, under the direction of Superintendent Col. Patrick J. Callahan; detectives of the Mercer County Prosecutor’s Office, under the direction of Prosecutor Angelo Onofri; officers of the Mercer County Sheriff’s Office, under the direction of Sheriff John A. Kemler; and members of the New Jersey State Board of Parole for their assistance in the case, including with today’s charges.
The government is represented by Assistant U.S. Attorneys J. Brendan Day and Alexander Ramey of the U.S. Attorney’s Office’s Criminal Division in Trenton.
The charges and allegations contained in the complaints are merely accusations and the defendants are presumed innocent unless and until proven guilty.
18-369
Defendants
Name
Age
Residence
Jakir Taylor
28
Trenton
Omar Council*
39
Lawrence
David Antonio
30
Trenton
Jerome Roberts
Unknown
Willingboro
Gary Ausmore
28
Ewing
Brian Phelps
40
Incarcerated
Major Anderson
42
Trenton
Alonzo Leary
37
Trenton
Davias Taylor
Unknown
Incarcerated
Taques Hall
26
Trenton
Kahlil Hampton
Unknown
Lumberton
Donte Ellis
Unknown
Trenton
Dennis Cheston Jr.
37
Incarcerated
Timothy Wimbush
28
Incarcerated
Taquan Williams
Unknown
Trenton
Jubri West
19
Trenton
Malik Bingham
34
Trenton
Deavon Warner
27
Trenton
Jaquan Wade
28
Trenton
Quiana Welch
Unknown
Trenton
Keyanda Phelps
33
Incarcerated
Kaleib Cox*
Unknown
Incarcerated
Varlee Koon*
29
Incarcerated
Brandon Council*
24
Trenton
Wayne K. Bush
40
Incarcerated
Shaquel Rock
24
Trenton
Latrice Wharton
30
Trenton
*denotes at-largeTulsa Man Sentenced to 21 Months for Tampering with WitnessRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Stephen Lester Greer, age 58, of Tulsa, Oklahoma, was sentenced to 21 months imprisonment and three years supervised release for Tampering With A Witness, Victim, Or Informant, in violation of Title 18, United States Code, Section 1512(b)(3). The charge arose from an investigation by the Department of Veterans Affairs - Office of Inspector General.
The Indictment alleged that from in or about June 29, 2016, and continuing until in or about July 7, 2016, Stephen Lester Greer, in the Eastern District of Oklahoma, did knowingly intimidate, threaten, or corruptly persuade Patient A, or attempted to do so, and engaged in misleading conduct toward Patient A, with intent to hinder, delay, or prevent the communication to federal law enforcement officers by Patient A of information relating to the commission or possible commission of a Federal offense.
In June 2016, an employee of the Jack C. Montgomery Veterans Affairs Medical Center recognized Stephen Lester Greer and Patient A checking into the La Quinta Inn and Suites in Muskogee, Oklahoma. Stephen Lester Greer was a staff psychiatrist for the Jack C. Montgomery Veterans Affairs Medical Center from March 2013 until July 2016. During the subsequent investigation, Special Agents with the Department of Veterans Affairs - Office of Inspector General interviewed Greer and admonished him to have no further contact with this patient. Instead, Greer met with his patient and instructed her to lie to federal law enforcement officers about their sexual relationship, the financial assistance Greer provided to her, the paternity of the patient’s unborn baby and the hotel rooms they both shared. Greer also advised the patient that they both needed to destroy their cellphones to prevent law enforcement officers from reading their text message communications.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the sentencing hearing and ruled that Stephen Lester Greer’s sentencing range should be adjusted upward because Patient A was a “vulnerable victim.” Patient A was a US Army veteran who had suffered a brain injury that resulted in seizures and other serious mental health problems. Judge White further ruled that Steven Lester Greer abused his position of trust as the psychiatrist that treated Patient A, prescribed her medication, maintained a sexual relationship with Patient A and then attempted to persuade her to lie to federal investigators.
In 2004 and 2005, the Oklahoma Medical Board of Licensure and Supervision investigated Greer for inappropriate conduct with a female patient. In January 2005, Greer was suspended from the practice of medicine for inappropriate contact with a female patient while also prescribing drugs to that patient. In June 2006, the Oklahoma Medical Board of Licensure and Supervision reinstated his medical license.
United States Attorney Brian J. Kuester said, “Veterans defend and protect America every day through their service. In return for this service, America has pledged to care for returning veterans with medical treatment, educational benefits and other assistance. Dr. Greer completely shattered and disregarded the obligations that Americans have to disabled veterans by abusing his position at the VA Hospital in Muskogee, Oklahoma by having an inappropriate relationship with a female patient that he was treating. The Department of Veterans Affairs - Office of Inspector General did an excellent job in working with the U. S. Attorney’s Office in this investigation. Any VA employee that commits federal criminal conduct will be held accountable for their crimes. Judge White’s imprisonment of Dr. Greer reflects the commitment of the Department of Justice in protecting our veterans. Veterans honor America through their service. All Americans owe them only the best.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. First Assistant United States Attorney Douglas Horn and Assistant United States Attorney Kristin Harrington represented the United States. The defendant will remain on bond and must report to the designated federal facility on November 26, 2018 where the non-paroleable sentence will be served.
Three Indicted for Firearm Offenses in Sacramento and Solano CountiesRead the Press Release
SACRAMENTO, Calif. — As part of its strategy to reduce violent crime, the U.S. Attorney’s Office for the Eastern District of California announced the following indictments involving illegal firearms offenses.
Thomas Christopher Hilton, 51, of Vacaville, was charged in a one-count indictment today with being a felon in possession of a firearm. Hilton cannot lawfully possess firearms because he has previously been convicted of a felony offense. This case is the product of an investigation by the Vacaville Police Department with special assistance from the FBI’s Solano County Violent Crimes Task Force and the Solano County District Attorney’s Office.
Asan Durana Hayes, 25, of Antioch, was charged with one count of being a felon in possession of a firearm. According to court documents, on August 16, 2018, during a traffic stop, discovered a Glock 9 mm pistol in Hayes’s possession. Hayes cannot lawfully possess firearms or ammunition because he has previously been convicted of a felony offense. This case is the product of an investigation by the Vallejo Police Department, with special assistance from the FBI’s Solano County Violent Crimes Task Force and the Solano County District Attorney’s Office.
Ricardo Madrigal, 38, of Stockton, was charged with being a felon in possession of a firearm and possessing an unregistered short-barreled rifle. According to court documents, officers executed a search warrant at Madrigal’s home on September 6, 2018, and found 15 firearms, including a short-barreled AR-style rifle with a folding stock, pistol grip, and no serial number. The short-barreled rifle had not been registered as required under federal law. Madrigal has prior felony convictions, making it illegal for him to possess a firearm. This case is the product of an investigation by ATF and the Lodi Police Department. Assistant U.S. Attorney David Spencer is prosecuting the case.
If convicted Hayes and Hilton face a maximum statutory penalty of 10 years in prison and a $250,000 fine. If convicted, Madrigal faces a maximum statutory penalty of 10 years in prison and a $250,000 fine for being a felon in possession, and 10 years in prison and a $10,000 fine for possessing an unregistered short-barreled rifle. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
These cases were brought as 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.
Two Detroit Men Convicted in a Drive-By Shooting and Murder Committed Outside a Popular Detroit Restaurant in the Warehouse DistrictRead the Press Release
Two Detroit men were convicted yesterday by a federal jury in Detroit on charges of murder-for-hire, conspiracy to possess with intent to distribute cocaine and oxycodone, and use of a firearm causing death during and in relation to a drug trafficking crime, announced United States Attorney Matthew Schneider.
Schneider was joined in the announcement by Special Agent in Charge Timothy R. Slater, Federal Bureau of Investigation and Chief James Craig, Detroit Police Department.
Convicted were Deaunta Belcher, 35, and Andre Watson, 32, both of Detroit.
The four-week trial was conducted before United States District Judge Avern Cohn.
According to the evidence presented at trial, on September 11, 2015, a drive-by shooting took place outside of They Say restaurant in the Warehouse District of Detroit in which the victim, Devin Wallace, 30, of Novi, Michigan, was killed. The investigation into the shooting determined Deaunta Belcher was part of an intricate drug and fraud scheme throughout Detroit. Belcher and others, including his co-defendant Darnell Bailey and Devin Wallace, obtained cars, apartments, furniture, and other items fraudulently using the identities of drug customers and other victims, and leased those items to drug dealers throughout the city. Belcher and others decided to kill Wallace out of greed so they could assume his role in their fraud and drug conspiracy.
The evidence showed that Belcher and his co-defendant, Darnell Bailey, offered two men, Andre Watson, and Stephen Brown, money, a car, and other compensation to commit the murder. Watson and Brown spent weeks trying to locate Wallace, and on September 11, 2015, Belcher informed Watson and Brown that Wallace would be at They Say. Watson, Brown, and a third man, Billie J. Chambers, drove to They Say where Brown fired toward Wallace twice and Watson shot Wallace 12 times at close range. Nine bullets struck his body, with six bullets entering his head. Wallace died at the scene. Belcher and Bailey told police that Wallace was killed for cooperating with the DEA in a separate drug investigation in an effort to mislead investigators.
The jury also convicted Belcher for obstruction of justice for statements made to Detroit police on September 24, 2015, in which he tried to mislead investigators regarding his relationship with Stephen Brown.
Co-defendants Darnell Bailey, 29, of Roseville, Billie J. Chambers, 33, and Stephen Brown, 27, both from Detroit, previously pleaded guilty to murder-for-hire for their respective involvement in the shooting. Each are awaiting sentencing.
“These defendants carried out a brazen, cold blooded murder in broad daylight near downtown Detroit, and the shooting shocked our community when it was broadcast on the evening news,” United States Attorney Matthew Schneider said. “Thanks to the tireless efforts of the FBI and the Detroit Police Department, the people of Detroit can rest easier knowing these defendants will remain behind bars for the rest of their lives. Eradicating violent crime remains our top priority, and we will continue to work every day so Michiganders can go about their lives without fear of harm.”
“This case demonstrates the violence that accompanies large-scale narcotics trafficking,” said Special Agent in Charge Timothy R. Slater, Detroit Division of the FBI. “With yesterday’s conviction, Deaunta Belcher and Andre Watson have been held accountable for their part in these crimes and the City of Detroit is safer as a result.”
“We certainly appreciate the partnership with the Federal Bureau Investigation Violent Crime Task Force," said Chief James Craig. "This partnership is yet another example of how we can work together to combat violent crimes in our community and bring offenders to justice."
The federal offense of murder-for-hire carries a mandatory sentence of life. The offense of use of a firearm causing death during and in relation to a drug trafficking crime carries a sentence of any term of years or life; however, since a firearm was discharged, there is at least a mandatory minimum of ten years up to life. The offense of conspiracy to possess with intent to distribute cocaine and oxycodone carries a maximum sentence of twenty years, and the offense of obstruction of justice carries a maximum sentence of twenty years.
The investigation was a collaboration between Detroit Police and members of the FBI Violent Crimes Task Force.
The case was prosecuted by Assistant United States Attorneys Shane Cralle and Terrence Haugabook.
Stockton Man Pleads Guilty to Distributing Child PornographyRead the Press Release
SACRAMENTO, Calif. — Jason Solomon, 43, of Stockton, pleaded guilty today to distribution of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, in July 2016, Solomon used social media to send images of minors engaged in sexually explicit conduct to a then-15-year-old girl. In January 2018, Solomon also possessed additional images of child pornography, some of which depict the sexual molestation of infants.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Brian A. Fogerty is prosecuting the case.
Solomon is scheduled to be sentenced by U.S. District Judge Troy L. Nunley on January 17, 2019. Solomon faces a mandatory minimum sentence of five years in prison, and a maximum statutory penalty of 20 years in prison and a $250,000 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.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
St. Thomas and Tortola Residents Sentenced on Drug Conspiracy ChargesRead the Press Release
St. Thomas, USVI – Khadin Fahie, 23, of the British Virgin Islands, and Jesus Rosario-Rondon, 40, a resident of St. Thomas, were both sentenced today on an information charging both men with conspiracy to possess with intent to distribute cocaine, United States Attorney Gretchen C.F. Shappert announced.
District Court Judge Curtis V. Gomez sentenced Fahie to 86 months imprisonment and five (5) years of supervised release. Rondon received a sentence of 81 months imprisonment and five (5) years supervised release. Judge Gomez ordered both men to perform 400 hours of community service.
According to court documents, a Virgin Islands Police Department officer conducted a routine traffic stop of an unregistered SUV operated by Rondon. Fahie was a passenger in the vehicle. The officer observed two large duffle bags in the back seat of the SUV, and asked if either owned the bags. Fahie and Rondon both responded that the duffle bags belonged to the other person. The officer then requested and received permission to search the duffle bags and discovered 39 bricks of cocaine.
This case was investigated by the Drug Enforcement Administration (DEA) and the Virgin Islands Police Department (VIPD), and was prosecuted by Assistant United States Attorneys Delia L. Smith.
Springfield Man Sentenced to 35 Years for Child Sexual Exploitation, Illegal FirearmRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Mo., man was sentenced in federal court today for the sexual exploitation of a child and for illegally possessing a firearm.
Corey Dean Frasher, 43, of Springfield, was sentenced by U.S. District Judge M. Douglas Harpool to 35 years in federal prison without parole. The court also sentenced Frasher to spend the rest of his life on supervised release following incarceration.
On June 4, 2018, Frasher pleaded guilty to the sexual exploitation of a child and to being a felon in possession of a firearm.
The investigation began on Jan. 30, 2017, when law enforcement officers received two Cyber Tips from the National Center for Missing and Exploited Children. In the CyberTips, Yahoo! Reported that an individual (later identified as Frasher) had uploaded images of child pornography to his Flickr account.
Officers executed a search warrant at Frasher’s residence on Feb. 22, 2017, and seized a computer tower as well as a Winchester 12-gauge shotgun and a loaded Harrington & Richardson 16-gauge shotgun. Investigators examined the computer tower and found a series of child pornography images and videos that were taken at Frasher’s residence. The images and videos depicted Frasher engaged in sexually explicit conduct with a child victim.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Frasher has prior felony convictions for stealing.
This case was prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Southwest Missouri Cyber Crimes Task Force and the Springfield, Mo., Police Department.
Serial Bank Robber Facing Federal ChargesRead the Press Release
NASHVILLE, Tenn. – October 25, 2018 – Timothy Weakley, 52, of Nashville, Tennessee, was charged yesterday in a criminal complaint with three counts of bank robbery, following the morning robbery of the Rivergate Branch of Regions Bank in Goodlettsville, Tennessee, announced U.S. Attorney Don Cochran of the Middle District of Tennessee.
According to the complaint, Weakley entered the Regions Bank on Rivergate Parkway at 11:45 a.m. yesterday and produced a note demanding money. Weakley lifted his shirt as if to show a gun to the teller and was given $2,200.00, after which he fled the bank. A short time thereafter, officers with the Metropolitan Nashville Police Department located a vehicle matching the description of the getaway car. After ordering Weakley out of the car, he was found to be clenching $2,200.00 cash in his hand.
Further investigation by the MNPD and the FBI Violent Crimes Task Force determined that Weakley was also responsible for robbing the Regions Bank on Nolensville Pike on October 23rd and the attempted robbery of the SunTrust Bank on Charlotte Pike, also on October 23rd; and the robbery of the Regions Bank on Murfreesboro Pike on October 4, 2018.
If convicted, Weakley faces up to 20 years in prison on each count.
This case is being investigated by the FBI and the Metropolitan Nashville Police Department. Assistant U.S. Attorney Juliet Aldridge is prosecuting the case.
A criminal complaint is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Sentencings in the District of WyomingRead the Press Release
Chief Federal District Court Judge Scott W. Skavdahl sentenced DAVID ISIAH GIBSON, 46, of Chicago, Illinois on October 19, 2018 for carrying a firearm during and in relation to a drug trafficking crime. Gibson was arrested in Cheyenne, Wyoming. He received one hundred forty four months of imprisonment, to be followed by sixty months of supervised release, and ordered to pay a $100.00 special assessment. The Wyoming Division of Criminal Investigation investigated this case.
Chief Federal District Court Judge Scott W. Skavdahl sentenced five defendants from a lengthy Organized Crime Drug Enforcement Task Force investigation that took place in Natrona County, Wyoming. The sentencings took place on September 27, 28 and October 10, 2018. In 2017, the Wyoming Division of Criminal Investigation began investigating an on-going drug trafficking organization operating in Wyoming and Colorado. Agents identified the numerous individuals involved, operating together to distribute methamphetamine obtained from Colorado in the Natrona County, Wyoming area. As early as September of 2017, large quantities of methamphetamine were being purchased using controlled buys with undercover agents. Through the investigation, several pounds of methamphetamine and other controlled substances were seized, as well as firearms.
WILLIAM FLOYD HOSSACK, 58, of Casper, Wyoming was sentenced for conspiracy to distribute methamphetamine. Hossack was arrested in Casper, Wyoming. He received one hundred twenty months of imprisonment, to be followed by sixty months of supervised release, and ordered to pay community restitution in the amount of $300.00.
MICHAEL ANDREW BRISSON, 33, of Casper, Wyoming was sentenced for conspiracy to distribute methamphetamine. Brisson was arrested in Casper, Wyoming. He received one hundred fifty-one months of imprisonment, to be followed by sixty months of supervised release, and ordered to pay community restitution in the amount of $250.00.
CHRISTOPHER CHARLES D’ARCY, 42, of Bar Nunn, Wyoming was sentenced for distribution of methamphetamine and conspiracy to distribute methamphetamine. D’Arcy was arrested in Casper, Wyoming. He received one hundred twenty months of imprisonment, to be followed by sixty months of supervised release, and ordered to pay community restitution in the amount of $1,000.00.
RODRIGO ALEJANDRO FLORES-MIRA, 35, of Bar Nunn, Wyoming was sentenced for conspiracy to distribute methamphetamine and being an illegal alien in possession of a firearm. Flores-Mira was arrested in Casper, Wyoming. He received seventy months of imprisonment, to be followed by sixty months of supervised release and is to be deported upon release.
CINDY NOELLA WILLIAMS, 46, of Casper, Wyoming was sentenced for possession with intent to distribute methamphetamine. Williams was arrested in Casper, Wyoming. She received one hundred twenty months of imprisonment, to be followed by sixty months of supervised release, and ordered to pay community restitution in the amount of $800.00.
The Wyoming Division of Criminal Investigation, The Drug Enforcement Administration, and the U.S. Department of Homeland Security investigated this case.
Sedalia Man Indicted for Illegal FirearmsRead the Press Release
JEFFERSON CITY, Mo. – A Sedalia, Mo., man has been indicted by a federal grand jury for illegally possessing several firearms.
Timothy Paul Cota, Jr., 26, was charged in a three-count indictment returned by a federal grand jury in Jefferson City, Mo., on Wednesday, Oct. 24, 2018. The federal indictment replaces a criminal complaint that was filed against Cota on Oct. 1, 2018.
The indictment alleges that Cota was in possession of a Ruger 9mm pistol, a Colt .45-caliber pistol and a Tanfoglio 9mm pistol with an obliterated serial number on Sept. 4, 2018. Cota is charged with being a felon in possession of firearms, being an unlawful user of a controlled substance in possession of firearms, and possessing a firearm with an obliterated serial number.
According to an affidavit filed in support of the original criminal complaint, Sedalia police officers and detectives executed a search warrant at Cota’s residence on Sept. 4, 2018. Cota, along with a woman and an infant, were found in a bedroom and escorted out of the residence during the search. Officers searched the bedroom and found the Ruger (which had been reported stolen) and the Colt pistols hidden between the mattress and box springs of the bed. The Tanfoglio pistol was found in a plastic case on a chair in the room. Officers also found methamphetamine, marijuana, ammunition and drug paraphernalia in the room.
Officers also found an iPhone in the bedroom. According to the affidavit, the phone contained numerous images and videos of Cota displaying the firearms, discharging the firearms, displaying firearms with drugs, and weighing methamphetamine and marijuana on a digital scale.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Cota has prior felony convictions for burglary, resisting arrest, malicious assault and possession of a controlled substance.
The charges contained in this indictment is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Lawrence E. Miller. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sedalia, Mo., Police Department.
Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone.
Securities Attorney Sentenced to Prison for Two Market Manipulation SchemesRead the Press Release
BOSTON – A California securities attorney was sentenced today for his role in schemes to manipulate the stock of two publicly traded companies, Greenway Technology and Crown Marketing.
Jehu Hand, 62, was sentenced by U.S. District Court Judge William G. Young to 66 months in prison and three years of supervised release. Restitution will be determined at a later date. In May 2018, Hand was convicted following a 13-day trial of conspiracy, securities fraud and wire fraud. Following the verdict, Hand was remanded to the custody of the U.S. Marshals.
In the scheme involving the stock of Greenway Technology, Hand and his co-conspirators used front companies to conceal their control over the vast majority of Greenway’s stock, which then became available for sale to the public after Hand authored and sent several false opinion letters to the transfer agent and brokerage firms. With millions of shares at their disposal, the conspirators proceeded to hire stock promoters to send blast e-mails to potential investors touting Greenway as a company on the verge of acquiring hotels which would cater to gay and lesbian travelers, when in fact the company lacked the requisite funds to acquire any such properties. As a result of the hype created by the false and misleading promotional campaign, Hand and his co-conspirators were able to sell millions of shares of Greenway stock to ordinary investors at artificially high prices.
The scheme involving Crown Marketing stock followed a similar pattern. Hand and his co-conspirators once again used front companies to hide their control over most of Crown’s stock, which could be sold to the public as a result of a false filing that Hand had made with the U.S. Securities and Exchange Commission. The conspirators then put out misleading press releases about the company and hired stock promoters to send blast e-mails touting Crown’s stock. In this case, Crown was billed as having revolutionary drug-delivery technology, when in actuality there was no real commercial interest in Crown’s product. As with Greenway, once Crown’s stock price and trading volume spiked, Hand and his co-conspirators dumped their stock in the market at inflated prices.
In total, between the Greenway and Crown schemes, Hand and his co-conspirators caused losses of more than $1.5 million.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The United States Attorney’s Office received valuable assistance from the Securities & Exchange Commission and the Financial Industry Regulatory Authority during the investigation of this matter. Assistant U.S. Attorney James Herbert and Special Assistant U.S. Attorney Andrew Palid prosecuted the case.
Sacramento Man Indicted for Possessing Methamphetamine for Distribution and Possessing Stolen FirearmsRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a three-count indictment today against A Vern Saeteurn, 30, of Sacramento, charging him with possessing methamphetamine with the intent to distribute it, doing so in a location where children were present, and possession of stolen firearms, U.S. Attorney McGregor W. Scott announced.
According to court documents, law enforcement agents searched Saeteurn’s home on September 6, 2018. They found about 12 kilograms of methamphetamine, a garage lab for adulterating and packaging methamphetamine, and several guns — two of which had been stolen from law enforcement agencies. Four children were also present in the home.
This case is the product of an investigation by the Federal Bureau of Investigation, Homeland Security Investigations, the Sacramento Sheriff’s Office, the Sacramento Police Department, the California Highway Patrol, and the California Department of Corrections & Rehabilitation. Assistant U.S. Attorney Amanda Beck is prosecuting the case.
If convicted, Saeteurn faces a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
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 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.
Pulaski County Woman Pleads Guilty to Bankruptcy FraudRead the Press Release
Jessica A. Browning, 44, of Ullin, Illinois (Pulaski County), has pleaded guilty to two counts of bankruptcy fraud, Steven D. Weinhoeft, U.S. Attorney for the Southern District of Illinois, announced today. A federal grand jury indicted Browning in August of this year as part of the U.S. Attorney’s Office’s continuing effort to crackdown on those who commit bankruptcy fraud in the Southern District of Illinois.
The case against Browning arose out of a chapter 13 bankruptcy case she filed in the federal bankruptcy court in Benton, Illinois, on March 17, 2014. During her plea hearing, Browning admitted that on a document she filed with the bankruptcy court, she intentionally concealed the fact that just three weeks before filing bankruptcy she had received a $12,675.47 worker’s compensation award. Browning also admitted that, at a meeting of creditors in her bankruptcy case, she provided false testimony regarding what she did with the funds from her worker’s compensation award.
Browning pleaded guilty to making a false statement under penalty of perjury in a bankruptcy case and making a false statement under oath in a bankruptcy case. Both crimes carry a maximum sentence of five years in prison and a fine of up to $250,000.
"Abuse of the bankruptcy process by concealing assets for personal gain threatens the integrity of the bankruptcy system and undermines public confidence in that system," stated Nancy J. Gargula, U.S. Trustee for Southern Illinois, Central Illinois and Indiana (Region 10). "We are grateful for the continued commitment of U.S. Attorney Weinhoeft and our law enforcement partners to combating fraud and abuse in bankruptcy cases." The U.S. Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. Region 10 is headquartered in Indianapolis, with additional offices in South Bend, Indiana, and Peoria, Illinois.
Browning will be sentenced on January 30, 2019, at 10:00 a.m., at the federal district courthouse in Benton, Illinois.
The charges resulted from a referral by the U.S. Trustee for Region 10 to the U.S. Attorney for the Southern District of Illinois. The investigation was conducted by agents from the Fairview Heights, Illinois, Office of the Internal Revenue Service – Criminal Investigations, in collaboration with the Southern Illinois Bankruptcy Fraud Working Group coordinated by the U.S. Trustee. The case is being prosecuted by Assistant United States Attorney Scott A. Verseman.
Pontotoc Woman Sentenced to Prison for Identity Theft and Fraudulent Tax ReturnsRead the Press Release
OXFORD, MS. William C. Lamar, U.S. Attorney for the Northern District of Mississippi, together with Thomas J. Holloman, III, Special Agent in Charge of IRS – Criminal Investigation, announced today that a Pontotoc, Mississippi woman was sentenced on Wednesday before U.S. District Judge Sharion Aycock to 21 months incarceration followed by three years supervised release for identity theft and stealing government funds.
Tracy Smith of Pontotoc, Mississippi, had previously pled guilty to one count of theft of government funds. Evidence submitted at the change of plea hearing showed that Smith obtained the personal identifying information of numerous individuals and used that information to file fraudulent tax returns and generate fraudulent tax refunds for her personal benefit. Smith was ordered to pay $224,578 in restitution to the Internal Revenue Service.
U.S. Attorney William C. Lamar remarked: “When individuals in our society choose to steal the identity of others in order to file fraudulent tax returns, they create long-lasting consequences and hardships for the people who have been victimized that go far beyond delayed tax returns. The United States Attorney’s Office will continue to hold these individuals accountable by vigilantly prosecuting those who choose to victimize our citizens and steal money from the US Treasury.”
Thomas J. Holloman, III, Special Agent in Charge of IRS – Criminal Investigation, stated, “Stolen Identity Refund Fraud is a high priority for the Special Agents of IRS – CI. Tracy Smith’s tax fraud is a direct theft from the U S Treasury and the taxpayers we are sworn to protect. She will now serve time in prison for her victimization of Mississippi taxpayers, and every day of her prison term is a well-deserved reward for her criminal actions.”
This case was investigated by the IRS – Criminal Investigation and prosecuted by AUSA Clay Dabbs.
Pittsburgh Man Sentenced to 5 Years in Prison for Possessing and Distributing Child PornographyRead the Press Release
PITTSBURGH, PA - A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to five years’ imprisonment, followed by 10 years’ supervised release, on his conviction of distribution and possession of material depicting the sexual exploitation of a minor, United States Attorney Scott W. Brady announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Adam D. Cadle, 37. In addition to the imposed terms of imprisonment and supervised release, the court ordered that Cadle pay $1,000 in restitution to each of two minor victims.
According to the information presented to the court at the time of the guilty plea, Cadle had been using a group chat service, known as "Chatstep," to distribute and receive images and videos depicting the sexual exploitation of minors, some of whom were under the age of 12 years. On November 1, 2017, Cadle’s residence was searched by officers of the Pittsburgh Crimes Against Children Task Force, during which numerous images of child pornography were identified on his laptop computer and a SanDisk thumb drive. Forensic analysis undertaken after the search revealed that Cadle was chatting with minors and sharing sexually exploitive material. It was established that on November 17, 2015, Cadle distributed 10 images of child pornography during one such chat session.
Assistant United States Attorney Carolyn J. Bloch prosecuted this case on behalf of the government.
The Federal Bureau of Investigation, the Allegheny County District Attorney’s Office, and the Pennsylvania Office of the Attorney General conducted the investigation that led to the prosecution of Cadle.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Philadelphia Man Sentenced to Federal Prison for Methamphetamine PossessionRead the Press Release
Jackson, Miss. – Kevin Ashley Wells, a/k/a “Big 50,” 37, of Philadelphia, Mississippi, was sentenced yesterday by U.S. Chief District Judge Daniel P. Jordan III to 53 months in federal prison followed by 3 years of supervised release for possession with intent to distribute 5 grams or more of methamphetamine, announced U.S. Attorney Mike Hurst and Jere T. Miles, Special Agent in Charge of U.S. Immigration and Customs Enforcement's Homeland Security Investigations in New Orleans.
On October 13, 2015, Wells sold a quantity of methamphetamine to a confidential informant. He pled guilty on July 20, 2018, to possession with intent to distribute methamphetamine.
The case is the result of an extensive investigation, dubbed AOperation Highlife,@ which began as an operation targeting illegal narcotics distribution in east central Mississippi area that involved the distribution of methamphetamine, cocaine and marijuana. The distribution network encompasses the States of California, Tennessee, Alabama, Georgia and Mississippi.
“Methamphetamine has devastated countless communities due to the dramatic health and public safety consequences that typically accompany its introduction into an area,” said Special Agent in Charge of Homeland Security Investigations New Orleans Jere T. Miles. “Today’s guilty plea stems from an extensive HSI effort with its federal, state and local partners to dismantle a drug trafficking organization that decimated parts of Mississippi and Alabama with methamphetamine smuggled into the U.S. from Mexico. This operation is a testament to the seamless partnership between HSI, the Mississippi Bureau of Narcotics and the Drug Enforcement Administration, and we are thankful for their assistance as well as the U.S. Attorneys’ to improve the lives of law-abiding residents throughout Mississippi and Alabama.”
This case is a result of a joint investigation by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Drug Enforcement Administration and the Mississippi Bureau of Narcotics. Assisting agencies include the Philadelphia Police Department, Neshoba County Sheriff’s Department, Neshoba County District Attorney’s Office, Scott County Sheriff’s Office, Flowood Police Department, Rankin County Sheriff’s Department, Hinds County Sheriff’s Department, Carthage Police Department, Union Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, Louisville Police Department, Mississippi Highway Patrol, and the United States Marshal Service. Assistant U.S. Attorney Erin Chalk is prosecuting the case.
Passavant Memorial Homes to Pay $1.85 Million to Resolve Allegations of Improperly Dispensing Controlled Substances without a PrescriptionRead the Press Release
United States Attorney William M. McSwain announced that Passavant Memorial Homes, and its subsidiaries Passavant Development Corporation, PDC Pharmacy Philadelphia, PDC Pharmacy Pittsburgh, and PDC Pharmacy Colorado, have agreed to pay the United States $1,850,000 to resolve allegations that Passavant dispensed controlled substances to patients without a valid prescription, in violation of the Controlled Substances Act, and, in some cases, submitted claims for the drugs to Medicare and Medicaid, in violation of the False Claims Act. Passavant has implemented a policy change to require that patients have valid prescriptions before Passavant will dispense controlled substances.
Passavant’s pharmacies serve individuals with intellectual disabilities and other mental health needs through community residential programs, residential treatment facilities, intermediate care facilities, and other facilities. In many cases, Passavant billed federal healthcare programs, including Medicare and Medicaid, for dispensing controlled substances to these individuals.
In 2015, the government launched an investigation into these practices after Passavant voluntarily disclosed to the United States that between January 1, 2009 and December 31, 2014, Passavant had dispensed controlled substances on Schedules III, IV, and V of the DEA Controlled Substances List to patients for a legitimate medical purpose, but without a valid prescription and with only a physician order. In many cases, Passavant submitted claims to Medicare and Medicaid for dispensing these drugs without a prescription. Passavant voluntarily disclosed that it had dispensed controlled substances without valid prescriptions and cooperated with the government’s investigation to identify the nature and scope of the problem.
“Providers like Passavant have a special responsibility to ensure that they are complying with the prescribing and billing regulations put in place to protect patients,” said U.S. Attorney McSwain. “Passavant discovered problems internally and took swift, corrective action to bring its pharmacy and billing practices into compliance with the law. Passavant’s proactive approach in this case sets a good example for other providers who might find themselves facing similar challenges.”
“Registrants such as Passavant are entrusted to dispense controlled substances in accordance with federal regulations, which are intended to safeguard the public and insure that these substances are used when medically appropriate,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “Our office commends Passavant for voluntarily disclosing this information and cooperating with DEA’s Diversion Control Division to rectify their prescribing practices.”
“Ensuring patient safety and compliance with the law is a team effort,” said Maureen R. Dixon Special Agent in Charge, for the U.S. Department of Health and Human Services, Office of the Inspector General, Philadelphia Regional Office (HHS-OIG). “HHS-OIG encourages health care providers to self-disclose issues and to work with HHS-OIG, USAO, and our federal partners to comply with laws and regulations.”
The case was handled by Assistant United States Attorneys Mark J. Sherer and Anthony D. Scicchitano of the Eastern District of Pennsylvania, Colin J. Callahan of the Western District of Pennsylvania, and Amanda Rocque of the District of Colorado. It was investigated by the Diversion Control Division of the U.S. Drug Enforcement Administration, and the Office of Inspector General of the U.S. Department of Health and Human Services.
Palm Coast Man Sentenced for Possession and Transfer of Glock Auto SwitchesRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Robert Miguel Castillo (45, Palm Coast) to three years and four months in federal prison for possession and transfer of machine guns. Castillo had pleaded guilty on August 6, 2018.
According to court documents, Castillo sold 10 Glock auto switches to a co-conspirator, Chad Howard Talbot, who then resold the switches to a convicted felon. Glock auto switches are a firearm accessory designed to convert a Glock handgun from semi-automatic to automatic fire.
Talbot previously pleaded guilty for his role in this case. His sentencing hearing is scheduled for November 14, 2018.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by Special Assistant United States Attorney Brandon Bayliss, on assignment from the Office of the Principal Legal Advisor, ICE.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Owner of Connecticut and New York Pizza Restaurants Pleads Guilty to Federal Tax OffenseRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Kristina O’Connell, Special Agent in Charge of IRS Criminal Investigation in New England, announced that BRUNO DiFABIO, 49, of Ridgefield, waived his right to be indicted and pleaded guilty today before U.S. District Judge Victor A. Bolden in Bridgeport to a federal tax offense.
According to court documents and statements made in court, DeFabio has had various ownership interests in several pizza restaurants in Connecticut and New York, including Pinocchio Pizza LLC, doing business as Pinocchio Pizza in New Canaan, Connecticut; Top Oven Restaurant Corp., doing business as Pinocchio Pizza in Wilton, Connecticut; DiFabio Brothers Pizza Corp., doing business as Amore Pizza in Scarsdale, New York; Odell Pizza, Inc., doing business as Amore Cucina and Bar in Stamford, Connecticut; Nepperhan Restaurants Group, Inc., doing business as ReNapoli Pizza, in Old Greenwich, Connecticut, and Homefield Restaurant Corp., doing business as Pinocchio Pizza in Pound Ridge, New York.
DiFabio and others in the businesses engaged in a practice whereby cash was removed from the cash register and not deposited into the restaurant’s operating bank account. The businesses’ outside bookkeeper and accountant used the bank records to determine business gross receipts. When cash was removed from the register and not deposited into the business bank account, the cash would not be reported to the Internal Revenue Service. DiFabio also knew that certain employees had their wages paid in cash, and that a certain number of the employees were paid either a portion or the entirety of their wages “off the books.” By paying various expenses in cash and “off the books,” DiFabio, his business partner and others facilitated the manipulation of net income reported to the IRS and the underpayment of withholding taxes to the IRS.
As a result of the scheme, the loss to the IRS in income taxes and employment taxes for the 2013 through 2015 tax years was $816,954.
DiFabio pleaded guilty to one count of conspiracy to file false income tax returns and payroll tax returns. When he is sentenced, he faces a maximum term of imprisonment of five years, a fine of up to approximately $1.6 million, and full restitution to the IRS.
DiFabio is released on a $100,000 bond pending sentencing, which is not yet scheduled.
On September 24, 2018, DiFabio’s business partner in some of his restaurants, Steven Cioffi, pleaded guilty to one count of aiding and assisting in the filing of a false tax return. He awaits sentencing.
This investigation is being conducted by the Internal Revenue Service, Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney Christopher W. Schmeisser.
Omaha Man Sentenced for Felon in Possession of a Firearm OffenseRead the Press Release
COUNCIL BLUFFS, Iowa - On October 24, 2018, Christopher Coleman, age 34, of Omaha, Neb., appeared before United States District Court Senior Judge James E. Gritzner and was sentenced to 57 months imprisonment for a felon in possession of a firearm charge announced United States Attorney Marc Krickbaum. Coleman was ordered to serve three years of supervised release to follow his prison term.
Coleman pleaded guilty to the charge on May 24, 2018. On December 14, 2017, Harrah’s Casino Security in Council Bluffs responded to an SUV that was stopped on a roadway on casino property. Agents approached the SUV and found it was occupied by two individuals, Coleman and a female juvenile. It was determined the juvenile had been reported as a runaway from Omaha, resulting in her being taken into protective custody. The juvenile advised law enforcement there was a handgun in the SUV and Coleman had hidden it before the officers arrived. A routine criminal history check confirmed Coleman was prohibited from possessing a firearm based on a 2013 felony conviction. Law enforcement re-contacted Coleman and located a HiPoint 9 mm handgun in the SUV.
This case was investigated by the Iowa Division of Criminal Investigations, Iowa State Patrol, Council Bluffs Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Ohio Man Arrested and Charged with Attempting to Travel to Join ISISRead the Press Release
An Ohio man has been arrested and charged by criminal complaint with attempting to provide material support to ISIS-affiliated foreign terrorist organizations. Naser Almadaoji, 19, an Iraqi-born naturalized U.S. citizen, was arrested yesterday at John Glenn International Airport in Columbus, Ohio. It is alleged Almadaoji intended to travel through Kazakhstan on his way to Afghanistan, where he intended to join with, and fight for, ISIS.
Assistant Attorney General for National Security John C. Demers, United States Attorney Benjamin C. Glassman for the Southern District of Ohio and Assistant Director Michael Garrity of the FBI’s Counterterrorism Division made the announcement.
“Naser Almadaoji allegedly attempted to seek terrorist training in weapons and tactics and discussed a willingness to conduct terrorist ‘projects’ in the United States on behalf of foreign terrorist groups,” said Assistant Attorney Demers. “Protecting America from terrorist activity, including conduct like this, remains the highest priority of the Department of Justice.”
“This is the third individual arrested by the FBI on terrorism charges in just over a week. As demonstrated by these arrests -- two in Ohio and one in Illinois -- the threat posed by terrorism remains extremely serious,” said Assistant Director McGarrity. “The FBI is working with our law enforcement partners day and night through our Joint Terrorism Task Forces across the nation to identify terrorists and those who support them. The American public also has an important role to play, and we urge anyone who sees something suspicious to contact law enforcement. Your tips are vitally important to protecting our country.”
“According to the charging document, Almadaoji wanted to make his way to Afghanistan to train with an ISIS organization,” U.S. Attorney Glassman said. “He allegedly pledged allegiance to the leader of ISIS in a video in which he wore a head scarf, and had plans to cause conflict in America between the United States Government and anti-government militias. These are serious allegations, and thwarting terrorist threats remains a top priority for the United States Attorney’s Office.”
According to an affidavit filed in support of the criminal complaint, Almadaoji purchased a plane ticket for travel on October 24. It is alleged that Almadaoji intended to travel to Astana, Kazakhstan, where he planned to be smuggled into Afghanistan so that he could receive military training from ISIS Wilayat Khorasan and then fight for the Islamic State (or one of its affiliates). Almadaoji explained to an individual whom he believed to be in contact with ISIS that he wanted “weapons experts training, planning, executing, hit and run, capturing high value targets, ways to break into homes and avoid security guards. That type of training.”
It is alleged that, between February 16 and 24, 2018, Almadaoji traveled to Egypt and Jordan. Following that travel, in August 2018, Almadaoji allegedly communicated online with an individual he believed was a contact with ISIS organizations. He represented that he tried to join a terrorist organization during his travels to Jordan and Egypt stating, “I don’t wanna say here why I was in Egypt but him [an Egyptian associated] and I planned something and it didn’t work at [sic] well.”
In the same month, it is alleged that Almadaoji told a second individual online – whom he also believed to be associated with ISIS – that he was “always willing” to assist with “projects” in the United States.
According to the affidavit, Almadaoji pledged allegiance to ISIS and discussed with the second contact that he planned to cause the collapse of the United States by starting a conflict between the United States Government and anti-government militias.” Almadaoji allegedly recorded and sent a video of himself wearing a headscarf and pledging allegiance to the leader of the Islamic State.
It is further alleged that Almadaoji translated ISIS propaganda from Arabic to English, and told his contact, “Don’t thank me . . . it’s my duty.”
Attempting to provide material support and resources to a foreign terrorist organization is a federal crime punishable by up to 20 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the assigned judge.
Assistant Attorney General Demers and U.S. Attorney Glassman commended the investigation of this case by the FBI.
The case is being prosecuted by Trial Attorney Justin Sher of the National Security Division’s Counterterrorism Section and Assistant United States Attorney Dominick S. Gerace. A criminal complaint merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
Norwell Man Indicted for Sexual Exploitation of ChildrenRead the Press Release
BOSTON – A federal grand jury indicted a Norwell man today for sexually exploiting children.
Derek Sheehan, 48, was indicted on three counts of sexual exploitation of children. Sheehan was previously charged by criminal complaint with one count of the same offense. He is currently in state custody on related charges pending in the Hingham District Court. According to court documents, Sheehan is also charged - in connection with another victim - in a separate docket in Hingham District Court.
According to the charging documents, on Aug. 17, 2018, law enforcement executed a search warrant at Sheehan’s home and seized several electronic devices that allegedly revealed evidence of child pornography, including video of Sheehan abusing children in his home. Given the number of devices seized, the high storage capacity of many of the devices, and the fact that some devices appear to be encrypted, the investigation and forensic review is ongoing.
Members of the public who have questions, concerns, or information about this case should contact the U.S. Attorney’s Office at 617-748-3274. Anyone with questions about how to talk to their child about sexual abuse should visit the Plymouth County Child Advocacy Center website at https://cac.plymouthda.com/.
The charge of sexual exploitation of children provides for a mandatory minimum sentence of 15 years and up to 30 years in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Plymouth County District Attorney Timothy Cruz; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Norwell Police Chief Theodore Ross made the announcement today. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood coordinator and a member of Lelling’s Major Crimes Unit, is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Nine Facing Federal Charges following Project Safe Neighborhoods Investigation into Drug TraffickingRead the Press Release
PITTSBURGH - After a lengthy investigation into drug trafficking in Ellwood City, Pennsylvania, nine people were indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today. The separate, but related, indictments were returned on October 9, 2018. The defendants will be detained pending trial.
THE INDICTMENTS
The first indictment, containing two counts, named: Derick Davare, 31, of Ellwood City, Pennsylvania, as the sole defendant. According to the indictment, on or about August 22, 2018, Davare, being a convicted felon, illegally possessed ammunition, namely two boxes of .9 millimeter Federal American Eagle ammunition and two boxes of 5.7 x .28 caliber FNH ammunition. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year to possess ammunition. Additionally, on or about March 2, 2018, Davare distributed and possessed with intent to distribute 40 grams or more of fentanyl, a Schedule II controlled substance. The law provides for a maximum total sentence of not less than 5 years and up to 50 years in prison, a fine not to exceed $5,250,000, or both.
The second indictment, containing two counts, named: Drake Davare, 28, of Ellwood City, Pennsylvania, as the sole defendant. According to the indictment, on or about March 12, 2018 and March 18, 2018, Davare distributed and possessed with intent to distribute quantities of cocaine, a Schedule II controlled substance. The law provides for a maximum total sentence of not more than 40 years in prison, a fine not to exceed $2,000,000, or both.
The third indictment, containing two counts, named: David Kimmel, 29, of Ellwood City, Pennsylvania, as the sole defendant. According to the indictment, on or about August 13, 2018 and August 28, 2018, Kimmel distributed and possessed with intent to distribute quantities of fentanyl, a Schedule II controlled substance. The law provides for a maximum total sentence of not more than 40 years in prison, a fine not to exceed $2,000,000, or both.
The fourth indictment, containing five counts, named: Dylan Main, 22, of Ellwood City, Pennsylvania; Taurean Potter, 33, of Ellwood City, Pennsylvania; and Anthony Washington Jr., 26, of Ellwood City, Pennsylvania, as defendants. According to the indictment, from in around 2017, and continuing thereafter to in and around May 2018, Main, Potter and Washington conspired to distribute and possess with intent to distribute a quantity of cocaine, a Schedule II controlled substance. Additionally, on various dates throughout 2017 and 2018, Main, Potter and Washington each distributed and possessed with intent to distribute quantities of cocaine, a Schedule II controlled substance. The law provides for a maximum total sentence of the following for the each of the following defendants: Main - not more than 100 years in prison, a fine not to exceed $5,000,000, or both; Potter – not more than 60 years in prison, a fine not to exceed $3,000,000, or both; and Washington – not more than 40 years in prison, a fine not to exceed $2,000,000, or both.
The fifth indictment, containing two counts, named: Donavan McFrazier, 30, of Beaver Falls, Pennsylvania, as the sole defendant. According to the indictment, on or about July 9, 2018, McFrazier possessed with intent to distribute a quantity of cocaine and cocaine base and forty grams or more of fentanyl, all Schedule II controlled substances. The law provides for a maximum total sentence of not less than 5 years and up to 40 years in prison, a fine not to exceed $6,000,000, or both.
The sixth indictment, containing one count, named: Jeffrey Vitale, 29, Ellwood City, Pennsylvania, as the sole defendant. According to the indictment, on or about February 16, 2018, Vitale distributed and possessed with intent to distribute a quantity of cocaine, a Schedule II controlled substance. The law provides for a maximum total sentence of not more than 20 years in prison, a fine not to exceed $1,000,000, or both.
The seventh indictment, containing one count, named: Kacie Zito, 32, of Ellwood City, Pennsylvania, as the sole defendant. According to the indictment, from in and around October 2017, and continuing thereafter to in and around March 2018, Zito conspired with others to distribute and possess with intent to distribute a quantity of cocaine, a Schedule II controlled substance. The law provides for a maximum total sentence of not more than 20 years in prison, a fine not to exceed $1,000,000, or both.
Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendants.
Assistant United States Attorney Brendan T. Conway is prosecuting these cases on behalf of the government.
A federally administered Organized Crime and Drug Enforcement Task Force (OCDETF) conducted the investigation leading to the indictments in this case. The task force is headed by the Drug Enforcement Administration and is comprised of members drawn from the Internal Revenue Service – Criminal Investigation, the United States Postal Inspection Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Lawrence County Drug Task Force, Pennsylvania Office of Attorney General, Borough of Baldwin Police Department, McKees Rocks Police Department, Munhall Police Department, Allegheny County Sheriff’s Office, Pittsburgh Bureau of Police, and the Pennsylvania State Police. The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
An indictment is an accusation. The defendants are presumed innocent unless and until proven guilty.
New York Woman Pleads Guilty to Drug Conspiracy ChargeRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Diana Davis, a/k/a “Lil C,” 30, of Rochester, New York, pled guilty yesterday in U.S. District Court to conspiracy to distribute heroin, fentanyl and cocaine base, commonly known as “crack.”
According to court records, between June 2015 and March 2017, Davis conspired with others to acquire heroin, fentanyl and crack in Rochester and to distribute it in Central Maine. The defendant and others were sent to Central Maine to distribute the drugs while residing with several Central Maine residents who were paid in heroin and crack for their participation.
The defendant faces up to 20 years in prison, a $1,000,000 fine, and between three years and life on supervised release. She will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated by the U.S. Drug Enforcement Administration, the Maine Drug Enforcement Agency, and the Kennebec County Sheriff’s Department, with assistance provided by the Augusta Police Department and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
New Orleans Man Sentenced, in Methamphetamine-Trafficking ConspiracyRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that STEFEN DAIGLE, age 31, of New Orleans, was sentenced yesterday after pleading guilty to one count of conspiring to traffic 500 grams or more of a mixture containing methamphetamine in the Eastern District of Louisiana. United States District Judge Susie Morgan sentenced DAIGLE to (78) months imprisonment and (5) years supervised release.
DAIGLE is one of the eleven defendants charged in a 23-count federal indictment. Specifically, the indictment alleges that DAIGLE conspired to sell large quantities of methamphetamine with codefendants Peter Giandalone, Julien Polk, Paul Melancon, Jeffrey Clines, James Hatch, Angel Renee Vidaure, Eulalio Torres-Cadenas, Delio Alfredo Lopez-Lopez, Lindsey Lopez, and Jacob Higginbotham. The indictment also alleges a number of individual acts of distributing and possessing with intent to distribute methamphetamine, as well as firearm offenses for codefendants Hatch, Vidaure, and Lopez-Lopez. Law enforcement developed evidence against this group of defendants using controlled purchases of methamphetamine, traffic stops and seizures, consensually recorded text messages and phone calls, search warrants, cooperator information, and self-incriminating statements.
U.S. Attorney Strasser praised the work of the United States Postal Inspection Service, Louisiana State Police, Jefferson Parish Sheriff’s Office, Texas Department of Public Safety, Texas Highway Patrol, Montgomery County (Texas) Sheriff’s Office, Immigration and Customs Enforcement, AMTRAK Police, and the Orleans Parish District Attorney’s Office. Assistant United States Attorney Brandon S. Long is in charge of the prosecution.
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Navajo Man from Fruitland, N.M., Sentenced to Nearly 20 Years in Prison for Conviction on Federal Rape ChargeRead the Press Release
ALBUQUERQUE – U.S. Attorney John C. Anderson, Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division, and Director Jesse Delmar of the Navajo Nation Department of Public Safety (NNDPS) announced that Melvin Russell, a previously convicted sex offender, was sentenced today in federal court in Albuquerque, N.M., to 235 months in prison for his conviction on an aggravated sexual abuse charge. Russell will be on supervised release for ten years after completing his prison sentence. He will also be required to register as a sex offender.
The FBI and NNDPS arrested Russell, 53, an enrolled member of the Navajo Nation who resides in Fruitland, N.M., in July 2014, on a criminal complaint charging him with sexually abusing a Navajo woman on May 20, 2014, on the Navajo Nation in San Juan County, N.M. Russell subsequently was indicted on July 24, 2014, and was charged with aggravated sexual abuse.
Trial on the indictment commenced on May 7, 2018, and concluded on May 11, 2018, when the jury returned a guilty verdict against Russell on the sole count of the indictment.
Testimony at trial established that late in the evening on May 19, 2014, until the early morning of May 20, 2014, Russell forced the victim to engage in sexual intercourse with him by threatening her with a large samurai sword. The victim, a friend, and the friend’s child were at Russell’s residence on the evening of May 19, 2014, where Russell, the victim and the victim’s friend consumed alcohol.
The victim testified that, after the friend and the child went to sleep, Russell became sexually aggressive towards her, while grabbing her around the neck, choking her. The victim testified that Russell then pulled out a large samurai-type sword and threatened to kill her if she did not submit to him. The victim testified that Russell sexually abused her while continuing to strike and choke her. On the morning of May 20, 2014, the victim, the friend, and the child left Russell’s residence, contacted police, and sought medical care for the victim for injuries and trauma caused by the sexual assault.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the NNDPS. Assistant U.S. Attorney’s Joseph M. Spindle and Elisa Dimas prosecuted this case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Nashville to Serve as Hub for Appalachian Regional Prescription Opioid Strike ForceRead the Press Release
NASHVILLE, Tenn. – October 25, 2018 - Unites States Attorney Don Cochran for the Middle District of Tennessee and Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division announced today the formation of the Appalachian Regional Prescription Opioid Strike Force (ARPO Strike Force), a joint law enforcement effort that brings together the resources and expertise of the Health Care Fraud Unit in the Criminal Division’s Fraud Section (HCF Unit), the U.S. Attorney’s Offices for nine federal districts in five states, as well as law enforcement partners at the FBI, U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG) and U.S. Drug Enforcement Administration (DEA). The mission of the ARPO Strike Force is to identify and investigate health care fraud schemes in the Appalachian region and surrounding areas, and to effectively and efficiently prosecute medical professionals and others involved in the illegal prescription and distribution of opioids.
Joining in the announcement were U.S. Attorney D. Michael Dunavant for the Western District of Tennessee; U.S. Attorney J. Douglas Overbey for the Eastern District of Tennessee; U.S. Attorney Robert M. Duncan Jr. for the Eastern District of Kentucky; U.S. Attorney Russell M. Coleman for the Western District of Kentucky; U.S. Attorney Benjamin C. Glassman for the Southern District of Ohio; U.S. Attorney William J. Powell for the Northern District of West Virginia; U.S. Attorney Michael B. Stuart for the Southern District of West Virginia; U.S. Attorney Jay E. Town for the Northern District of Alabama; Assistant Director Robert Johnson of the FBI’s Criminal Investigative Division; Deputy Inspector General for Investigations Gary L. Cantrell of the Department of Health and Human Services Office of Inspector General (HHS-OIG) and Assistant Administrator John J. Martin of the DEA Diversion Control Division.
“This Strike Force designation will provide us with additional resources to expand our investigative and prosecutorial efforts to identify and prosecute those whose greed and indifference overshadow the health and well-being of our citizens,” said U.S. Attorney Don Cochran. “We will target criminal conduct at every level of the opioid distribution chain and those that continue to fuel this addictive and deadly epidemic will be held accountable.”
“While the opioid epidemic continues to inflict untold pain and suffering on people across the country, the devastation in the Appalachian region and adjacent areas has been particularly staggering,” said Assistant Attorney General Benczkowski. “It is all the more reprehensible when unscrupulous physicians and pharmacies contribute to the epidemic by illegally supplying dangerous prescription painkillers. Working with our partners in U.S. Attorney’s Offices and law enforcement, the Appalachian Regional Prescription Opioid Strike Force will combat illegal prescription opioids and health care fraud by holding accountable corrupt medical professionals who seek to profit off the crisis of opioid addiction.”
“The creation of the Appalachian Regional Prescription Opioid Strike Force will bring together critical resources from the FBI and our partners to fight health care fraud in this region and the growing opioid epidemic that faces the United States,” said FBI Assistant Director Johnson. “Healthcare fraud touches every corner of the United States, and through this strike force, the FBI will continue our tireless work to combat illegal opioid prescriptions and bring to justice those medical professionals who put their greed over the health and wellbeing of their patients.”
“The opioid epidemic has had a devastating impact on Americans across the country, including the people of the Appalachian region,” said HHS-OIG Deputy Inspector General for Investigations Cantrell. “The Strike Force model is a proven mechanism to target illicit conduct and hold accountable criminals involved in illegal opioid prescription and distribution schemes. We will continue to work closely with our federal, state, and local law enforcement partners to curb this damaging epidemic.”
“Our nation’s opioid crisis requires us to work with unprecedented urgency in attacking drug diversion at every level,” said DEA Assistant Administrator Martin. “These joint strike force efforts will save lives, while allowing us to better target and bring to justice those who facilitate addiction and profit at the expense of the weakest and most afflicted.”
Prior to this announcement, the HCF Unit operated Medicare Fraud Strike Force’s in 12 locations across the United States including Miami, Florida; Los Angeles, California; Detroit, Michigan; Houston, Texas; Brooklyn, New York; Baton Rouge and New Orleans, Louisiana; Tampa/Orlando, Florida; Chicago, Illinois; and Dallas, Texas, along with a Corporate Strike Force located in Washington, D.C., and the Newark/Philadelphia Regional Medicare Fraud Strike Force. The Strike Forces represent a partnership between the Criminal Division, U.S. Attorney’s Offices, the FBI, HHS-OIG and the DEA.
The ARPO Strike Force will be made up of prosecutors and data analysts with the HCF Unit, prosecutors with the nine U.S. Attorney’s Offices in the region, and special agents with the FBI, HHS-OIG and DEA. The ARPO Strike Force will operate out of two hubs based in the Cincinnati/Northern Kentucky, and Nashville, Tennessee, areas, supporting the nine districts that make up the ARPO Strike Force region. In addition, the APRO Strike Force will work closely with other various federal law enforcement agencies, including the U.S. Postal Inspection Service and IRS Criminal Investigation, and State Medicaid Fraud Control Units.
The ARPO Strike Force will target criminal conduct associated with the improper prescription and distribution of prescription opioids and other dangerous narcotics throughout the Appalachian region and surrounding areas – focusing on criminal conduct by physicians, pharmacists, and other medical professionals. The ARPO Strike Force will also investigate and prosecute violations of health care fraud whenever such fraud is detected throughout the region.
In June, Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Alex M. Azar III noted the success of the Strike Force model while announcing the largest ever health care fraud enforcement action involving 601 charged defendants across 58 federal districts, including 165 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving more than $2 billion in false billings. Of those charged, 162 defendants, including 76 doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. More information can be obtained at https://www.justice.gov/opa/documents-and-resources-june-28-2018.
In August, Assistant Attorney General Benczkowski announced the Newark/Philadelphia Medicare Fraud Strike Force, which focuses on health care fraud and illegal opioid prescriptions in the Newark/Philadelphia region.
The Strike Force operations are part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the prosecutors in the 12 Medicare Fraud Strike Force locations have charged over 4,000 defendants who collectively have falsely billed the Medicare program for over $14 billion. Since January 2017, the HCF Unit has charged over 85 defendants, including 33 doctors with the illegal prescription of opioids (nearly 30 million pills).
NDTX Weekly Roundup -- 10/25/18Read the Press Release
PLEA – Larry Duncan, 72
On Oct. 22, four-term Dallas City Councilman Larry Duncan, a former president of Dallas County Schools’ Board of Trustees, pleaded guilty to one count of tax evasion. The charge stems from the federal investigation into the Dallas County Schools bribery scandal, which claimed its fifth conviction Monday. Press release here.INDICTMENT* – Jeffrey Richie, 53, & Wendy Richie, 58
On Oct. 23, a federal grand jury indicted a Red Oak, Texas couple who allegedly embezzled $14.5 million from retirement plans they managed. Jeffrey Richie, 53, and Wendy Richie, 58, co-owners of Vantage Benefits Administrators, were charged with conspiracy, theft from an employee benefit plan, wire fraud, and aggravated identify theft after they allegedly misappropriated funds from at least 1,000 participants in at least 20 employer’s plans. Press release here.INDICTMENT* – Michelle North, 53
On Oct. 23, a federal grand jury indicted Michelle North, of Balch Springs, for theft of government funds and making false statement to the Social Security Administration (SSA). She allegedly received income-based disability payments from SSA while also receiving a large amount of Indian tribal funds. Ms. North failed to accurately tell SSA how much money she was receiving from the Tribal Counsel. If convicted on this case, Ms. North will have to pay back approximately $32,000 in restitution. SSA Office of the Inspector General investigated the case.PLEA – Chris Faulkner, 41
On Oct. 23, Texas oil-and-gas mogul Christopher A. Faulkner pleaded guilty to securities fraud, engaging in illegal monetary transactions, and tax evasion. A frequent media commentator and self-proclaimed “frack master,” Faulkner admits he bilked investors out of millions of dollars and concealed millions more from the IRS. He now faces 12 years in prison. The IRS-CI, FBI, and U.S. Postal Inspection Service investigated. Press release here.SENTENCING – Bill Day, 39 & Laura Day, 47
On Oct. 23, Bill and Laura Day, of Seymour, Texas were both sentenced in Wichita Falls federal court to 30 years in prison for child sexual exploitation. The husband and wife duo admitted to producing sexually explicit images involving an infant in 2015. The images were discovered while the Department of Public Safety was conducting a child pornography investigation of the Days in May 2017. DPS and HSI conducted the investigation.SENTENCING – Miller Hogan, 44
On Oct. 24, Miller Hogan was sentenced to nearly 4 years in federal prison for his role in a cocaine distribution conspiracy. In March, Hogan pled guilty to one count of conspiracy to possess with the intent to distribute, after Dallas Drug Enforcement Administration agents intercepted him on a wiretap negotiating and purchasing 1.5 kilograms of cocaine from a codefendant.SENTENCING – Mohammed Natour, 33
On Oct. 24, Mohammed Natour was sentenced to more than 12 years in federal prison for his role in a RICO conspiracy. In March, Natour pled guilty for his participation in a transnational criminal enterprise, comprised mostly of Colombian nationals or individuals of Colombian descent, whose members targeted and robbed traveling diamond and jewelry salesmen across the United States. Natour participated in four armed robberies of traveling diamond and jewelry salesmen over a one-year period, between 2014 and 2015, in Oklahoma, Texas, and Florida.SENTENCING – Glenn Eugene Halfin, 64
On Oct. 24, a 64-year-old Grapevine, man was sentenced to 12 months in federal prison for a hate crime after he repeatedly threatened an African American family living in the apartment above him because of their race. Glenn Eugene Halfin admits he hung a baby doll dangling from a noose around a railing in their apartment complex. He pleaded guilty to interfering with housing rights. The FBI and Grapevine Police Department, in conjunction with the Tarrant County District Attorney’s Office, investigated. Press release here.SENTENCING – Horacio Alpizar, 58
On Oct. 24, Horacio Alpizar was sentenced to 5 years in federal prison for his role in a cocaine distribution conspiracy. In April, Alpizar pled guilty to one count of conspiracy to possess with the intent to distribute, after Dallas Drug Enforcement Administration agents found $186,681 of drug proceeds in his home along with drug paraphernalia. In a separate residence, DEA agents found a firearm, drug paraphernalia, cocaine, and a garage set up as a mechanic shop to load and unload vehicles with drugs and drug proceeds. As part of his punishment, Alpizar was ordered to forfeit the cash, firearm, two vehicles, and three properties, all totaling nearly one million dollars.PLEA – Denene Griggs, 24
On Oct. 25, Denene Griggs of Wichita Falls pleaded guilty to concealing a person from arrest. She admits to sheltering two fugitives – her child’s father, Javaris Damon Scott, and his brother, Trevor Scott -- inside her apartment. The Scott brothers, wanted in connection with a July 12 drug bust, were arrested Sept. 6, when officers spotted them climbing out of Grigg’s window. She now faces up to 5 years in prison. The FBI, DEA, DPS – Criminal Investigation Division, Wichita Falls PD, Rhome PD, and Iowa Parks PD investigated.* An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
Monroe Township, New Jersey, Man Sentenced to 10 Years in Prison for Possession of Child PornographyRead the Press Release
NEWARK, N.J. – A Middlesex County, New Jersey, man was sentenced today to 10 years in prison for possessing images of child sexual abuse, U.S. Attorney Craig Carpenito announced.
Sam Cynamon, 68, of Monroe Township, New Jersey, and formerly of Springfield, New Jersey, previously pleaded guilty before U.S. District Judge Madeline Cox Arleo to an indictment charging him with one count of possession of child pornography. Judge Arleo imposed the sentence today in Newark federal court.
According to documents filed in the case and statements made in court:
On July 10, 2017, law enforcement officers lawfully obtained multiple computers and electronic storage media belonging to Cynamon from his residence. The computers and electronic storage media contained multiple images and videos of child pornography, including images of prepubescent children being sexually abused.
In addition to the prison term, Judge Arleo sentenced Cynamon to eight years of supervised release and ordered him to pay restitution of $21,000.
U.S. Attorney Carpenito credited special agents with the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Brian Michael in Newark, with the investigation leading to today’s sentencing.
The government is represented by Danielle Alfonzo Walsman, Chief of the U.S. Attorney’s Office’s Public Protection Unit in Newark.