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6 December 2018
Multi-State International Drug Trafficking Organization Targeted in 18-Month InvestigationRead the Press Release
A law enforcement operation making arrests and serving search warrants over the last two days targeted a multi-state drug trafficking network led by drug cartel members in Mexico, announced U.S. Attorney Annette L. Hayes. The drug trafficking organization distributing heroin, fentanyl, cocaine and methamphetamine was active in Washington State, New York, Arizona, Oregon, California, Tennessee, and Utah. The group allegedly used a Manhattan Beach, California, cryptocurrency business to launder and transfer money to Mexico. The owner of that business, GREGORY DAVID WERBER, 56, was arrested last night and appeared in U.S. District Court in the Central District of California today. Other defendants appeared in U.S. District Court in Tacoma today.
“Overdoses involving fentanyl are growing at an alarming rate in Washington State,” said U.S. Attorney Annette L. Hayes. “We are committed to bringing all needed resources to identifying and prosecuting groups that distribute this deadly poison in our communities. I commend the Drug Enforcement Administration and their federal, state and local law enforcement partners who developed the evidence that led to the arrests that occurred today.”
Over December 5th and 6th, 2018, more than 400 federal, state and local law enforcement officers executed fifty-one federal arrest warrants and search warrants on more than 50 buildings and 35 vehicles. In Western Washington the group distributed heroin, crystal methamphetamine and fentanyl-laced counterfeit oxycodone pills in Pierce, Kitsap, King, Skagit and Snohomish Counties. Over the course of the investigation law enforcement seized thousands of counterfeit oxycodone pills tainted with fentanyl, a powerful and potentially deadly opioid. Following one seizure from a vehicle, Washington State Patrol troopers were treated for their accidental exposure.
“The dangerous pills containing fentanyl flowing through this pipeline operated by this Western Washington distribution network has been shut down,” said DEA Special Agent in Charge Keith Weis. “Those profiting from pushing illicit opioids such as fentanyl and heroin into our most vulnerable communities will be met with a significant law enforcement response.”
The investigation began 18 months ago with drug seizures by the Bremerton Police Department. More recently, on November 28, 2018, law enforcement seized more than 13 pounds of heroin from the engine compartment of a semi-truck driven by a frequent smuggler for the ring. In addition to coded cell phone conversations, many of the members of the ring also communicated via Facebook messenger. Today alone law enforcement seized 39 firearms and more than 4 kilos of heroin.
“An agency the size of Bremerton can impact crime on a larger scale when it is able to partner with agencies like the DEA,” said Bremerton Chief of Police James Burchett. “I am very proud of the hard work and dedication of all the officers and agents that made this operation a reality.”
Those arrested in the last 24 hours include:
CARLOS EDUARDO LOPEZ HERNANDEZ, 22, Kent, WA
JAIME HEREDIA CASTRO, 36, Burlington, WA
JUAN AVILES BERRELLEZA, 23, Kent, WA
JOSE LUIS SIERRA BARRIENTOS, 39, Burlington, WA
HECTOR MANUEL URIAS MORENO, 27, Everett, WA
URIEL ZELAYA, 22, Auburn, WA
JESUS RENE SARMIENTO VALENZUELA, 33, Kent, WA
MONIQUE GREEN, 40, Federal Way, WA
ANDREW CAIN KRISTOVICH, 34, Lynnwood, WA
BRIAN LIVELY, 44, Snohomish, WA
GERALD KEITH RIGGINS, 52, Puyallup, WA
ESTHER LA RENA SCOTT, 41, Snohomish, WA
MICHAEL JOHN SCOTT, 40, Snohomish, WA
KAREN SURYAN, 60, Seattle, WA
ORLANDO BARAJAS, 40, Burlington, WAOSCAR HUMBERTO CARRILLO SALCEDO, 22, Tukwila, WA
ALLEX HUBLY, 27, Tacoma, WA
DAVID HUBLY, 30, Tacoma, WA, CHARLES JOSLYN, 38, Bonney Lake, WACOLIN BECCARIA, 28, Puyallup, WA
JAKE WILSON, 22, Spanaway, WA
JERRY A. RODRIGUEZ, 27, Tacoma, WA
KURTIS NEMYER, 49, Puyallup, WA
LINDSAY NEMYER, 32, Puyallup, WA
JOSH MENDIOLA, 27, Graham, WA
NATASHA DJORDJEVIC, 36, Tacoma, WA
TIMMY CRAWFORD, 60, Auburn, WA
BLAKE HYNEK, 29, Edgewood, WA
MARTIN DEAN GREGORY, 32, Puyallup, WAThis investigation was conducted by the DEA Tacoma Resident Office and the Bremerton Police Department, with significant assistance from the Tahoma Narcotics Enforcement Team (TNET), Special Operations Division, Chantilly, Virginia and Northwest High Intensity Drug Trafficking Area (HIDTA).
The multi-agency takedown operation was supported by DEA Seattle; DEA Los Angeles; DEA San Diego, DEA San Francisco and DEA Phoenix; as well as Homeland Security Investigations; Bureau of Alcohol, Tobacco, Firearms & Explosives; Federal Bureau of Investigation; U.S. Marshals Service; West Sound Narcotics Enforcement Team; Joint Narcotics Enforcement Team; Grays Harbor Drug Task Force; Snohomish County Regional Drug Task Force; Valley Narcotics Enforcement Team; Skagit County Inter-local Drug Enforcement Unit; Thurston County Narcotics Enforcement Team; Lewis County Joint Narcotics Enforcement Team; Pierce County Sheriff’s Department; King County Sheriff’s Department; Kitsap County Sheriff’s Office; Snohomish County Sheriff’s Office; Aberdeen Police Department; Auburn Police Department; Bothell Police Department; Bremerton Police Department; Burlington Police Department; Fife Police Department, Seattle Police Department; Tacoma Police Department; Lakewood Police Department; Bonney Lake Police Department; Kent Police Department; Everett Police Department; Mill Creek Police Department; Quinault Nation Police Department; Hoquiam Police Department; Washington State Department of Corrections; Washington State Patrol; Mount Vernon Police Department; Oregon State Police; Washington and Oregon National Guard.
Tactical operations were conducted by DEA’s Special Response Teams (SRT) from Seattle and San Francisco. Additional support was provided by Bremerton Special Operations Group; Lakewood Special Operations; FBI SWAT; King County SWAT; Kitsap County SWAT; Mount Vernon SWAT; North Sound Metro SWAT, Pierce County Metro SWAT; Pierce County SWAT; Seattle PD SWAT; Snohomish County SWAT; Washington State Patrol SWAT; Skagit County HRT; Valley SWAT; and the U.S. Marshal’s Pacific Northwest Violent Offender Task Force.
The cases are being prosecuted by Assistant United States Attorneys Marci Ellsworth and Karyn Johnson.
Moldovan Sentenced for Distributing Multifunction Malware PackageRead the Press Release
PITTSBURGH, Pa. - A resident of Moldova has been sentenced in federal court to time served on his conviction of conspiracy and damaging a computer, United States Attorney Scott W. Brady announced today.
United States District Judge Bissoon imposed the sentence on Andrey Ghinkul, aka Andrei Ghincul, aka Smilex, 31, of Moldova. Ghinkul had been arrested in Cyprus in August of 2015 and extradited to the United States in February 2016.
According to information presented to the court, the defendant was part of a criminal conspiracy that disseminated the Bugat malware, used malware to steal banking credentials, and then used the stolen credentials to initiate fraudulent electronic funds transfers of millions of dollars from the victims’ bank accounts.
This case involves a sophisticated international conspiracy that infects computers with the malware known as Bugat. Bugat, which is also referred to as Cridex and Dridex, is a multifunction malware package. It is specifically designed to automate the theft of confidential personal and financial information, such as online banking credentials, from infected computers through the use of keystroke logging and web injects.
Assistant United States Attorneys Shardul S. Desai and Mary McKeen Houghton prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Ghinkul.
Mishawaka Man Sentenced to 78 Months in PrisonRead the Press Release
SOUTH BEND – Anthony Francis, 20 years old, of Mishawaka, Indiana, was sentenced by U.S. District Court Judge Jon E. DeGuilio after pleading guilty to distribution of more than 50 grams of methamphetamine, announced U.S. Attorney Kirsch.
Francis was sentenced to 78 months in prison followed by 4 years of supervised release.
According to documents in the case, on August 30, 2017, Francis along with his co-defendant Brian Cardona distributed 198 grams of methamphetamine to another individual. During the transaction, the defendants discussed providing much larger quantities of drugs and firearms. Francis was on community corrections when he and Cardona sold the methamphetamine. On July 5, 2018, Cardona was sentenced to 78 months incarceration for his criminal conduct.
This case was investigated by the FBI with assistance from the DEA, South Bend Police Department and the Elkhart Police and prosecuted by Assistant United States Attorney Joel Gabrielse.
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Millbrook Man Sentenced to 50 Years in Prison for Production of Child PornographyRead the Press Release
MONTGOMERY, AL – Today, Germaine Moore, 45, of Millbrook, Alabama, was sentenced to 50 years in prison for three counts of production of child pornography, announced United States Attorney Louis V. Franklin, Sr., Secretary of the Alabama Law Enforcement Agency Hal Taylor, District Attorney Randall Houston, and FBI Special Agent in Charge James Jewell. Moore had previously pled guilty to the charges in August 2018. There is no parole in the federal prison system. Upon completion of 600 months in prison, Moore will be subject to supervision for the rest of his life.
The case began on or about January 31, 2018, when law enforcement officials received complaints regarding a Facebook video posting depicting a child performing oral sex on an adult male. Law enforcement traced the video to Moore. Three minor victims were interviewed and disclosed that Moore had sexually abused them and produced videos of the sexual abuse. On February 5, 2018, the Alabama State Bureau of Investigation (SBI) executed search warrants on Moore’s Millbrook, Alabama home. SBI located additional child pornography images on various devices found in Moore’s home and later in an apartment that he had access to in Prattville, Alabama. Investigators found that Moore possessed around 190 child pornography videos on an SD card, and 231 child pornography images on an IBM hard drive.
“Moore’s crimes are revolting and despicable,” said U.S. Attorney Franklin. “When predators exploit children, they rob them of their innocence and their wellbeing. No child should have to endure what Moore’s victims went through. We hope this sentence sends a warning to anyone that sexually assaults or exploits a child that we will not sit by and allow it to happen. People in our community want to protect children, and they will help law enforcement find predators and put them away for a long time.”
“Collaboration on all levels of law enforcement is effective as evidenced by the investigation and prosecution of Germaine Moore, but we also depend on the public’s assistance,” stated Secretary of the Alabama Law Enforcement Agency Hal Taylor. “Without a tip, we may never have discovered Moore’s predatory crimes or taken him into custody within a matter of days.”
“The U.S. Attorney’s Office and ALEA are the real heroes in this case,” said Randall Houston, District Attorney for the 19th Judicial Circuit. “Their relentless pursuit of justice is truly inspiring. I am extremely proud of the joint effort by everyone to go above and beyond to make sure this predator won’t ever have access to another child.”
This case was investigated by the Alabama State Bureau of Investigation with assistance from the Federal Bureau of Investigation, National Center for Missing and Exploited Children, United States Marshal’s Service, Michigan State Police, Detroit Police Department, Millbrook Police Department, Prattville Police Department, Tallapoosa County Sheriff’s Office, Alexander City Police Department, and Montgomery Police Department. The case was prosecuted by Assistant U.S. Attorney Hollie Worley Reed of the Middle District of Alabama.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Mexican National Sentenced to 12 Years for Meth TraffickingRead the Press Release
KANSAS CITY, Mo. – A Mexican national was sentenced in federal court today after being arrested at a local bus station carrying a duffel bag that contained more than six pounds of methamphetamine.
Jose Miguel Cabrera-Arteaga, 32, a lawful permanent resident married to a United States citizen residing in Ontario, Oregon, was sentenced by U.S. District Judge Gary A. Fenner to 12 years in federal prison without parole.
On June 7, 2018, Cabrera-Arteaga pleaded guilty to possessing methamphetamine with the intent to distribute.
According to court documents, law enforcement officers with a police service canine were checking the luggage under a bus that had arrived from Los Angeles, Calif., at a Kansas City, Mo., bus station. Cabrera-Arteaga, who was watching the officers, got off the bus carrying a black duffel bag. The canine alerted to the odor of narcotics near the seat where Cabrera-Arteaga had been seated.
Officers interviewed Cabrera-Arteaga and searched his duffel bag, which contained six bundles of methamphetamine that weighed a total of approximately 6.3 pounds.
This case was prosecuted by Assistant U.S. Attorney Trey Alford. It was investigated by the Kansas City Interdiction Task Force and the Drug Enforcement Administration.
Mexican Citizen Sentenced for Smuggling Illegal AlienRead the Press Release
ALBANY, NEW YORK – Feliciano Felipe Diaz-Estrada, also known as Feliciano Villas-Estrada, age 56, and a Mexican citizen residing in Long Island City, New York, was sentenced today to time served (18 days in jail), followed by a one-year period of supervised release, and a fine of $1,000, for transporting an illegal alien within the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.
On May 21, 2018, Diaz-Estrada drove to Montreal, Canada, where he met with David Lopez-Garcia.
Diaz-Estrada then drove to the Champlain Port of Entry, New York, and entered alone. Simultaneously, Lopez-Garcia walked across the border one-half mile east of the Champlain Port of Entry and avoided United States immigration and customs inspection. Lopez-Garcia walked to a spot south of the border where he waited for Diaz-Estrada.
After entering the United States during the early morning of May 22, 2018, Diaz-Estrada drove to a cemetery in Champlain, New York, where he stopped and picked up the waiting Lopez-Garcia. Border Patrol Agents observed the pickup and followed Diaz-Estrada as he entered I-87 southbound. After he entered I-87 southbound, Diaz-Estrada was stopped and arrested by Border Patrol Agents. The passenger, Lopez-Garcia, was arrested and prosecuted for the misdemeanor offense of entry without inspection.
Lopez-Garcia, age 46, and a citizen of Mexico residing in Charlotte, North Carolina, was convicted on June 5, 2018 and sentenced to 15 days in jail.
This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Memphis Man Sentenced to 100 Months in Federal Prison for Selling HeroinRead the Press Release
Memphis, TN – A Memphis man has been sentenced to 100 months in federal prison for selling heroin. U.S. Attorney D. Michael Dunavant announced the sentence today.
According to information presented in court, on September 17, 2017, members of the Memphis Police Department's Organized Crime Unit received a tip that a Melvin Scott, 41, was selling heroin from a vehicle in North Memphis. As law enforcement approached the vehicle, Scott attempted to conceal a plastic bag on his person. He then sped through multiple yards in an attempt to escape, almost striking an officer. Officers apprehended Scott and recovered heroin in the vehicle.
On December 6, 2018, U.S. District Court Judge John T. Fowlkes Jr., sentenced Scott to 100 months imprisonment.
U.S. Attorney D. Michael Dunavant said, "Heroin dealers are directly responsible for the destruction of countless lives through addiction, injury, and overdose deaths. Under our Heroin Initiative, we prioritize these cases in order to remove dangerous drug dealers from the streets and save lives."
This case was investigated by the Memphis Police Department Organized Crime Unit. It was prosecuted as part of the West Tennessee Heroin Initiative, a joint effort between the Shelby County District Attorney's Office and the U.S. Attorney’s Office of the Western District of Tennessee.
Cases prosecuted under this initiative seek to remove career drugs dealers and high-volume sellers of heroin and fentanyl from Shelby County in an effort to make our community safer.
Special Assistant U.S. Attorney Joseph Griffith prosecuted this case on behalf of the government.
Massachusetts Man Sentenced to 17 Years for Sex Trafficking Women by Exploiting Their Opioid AddictionsRead the Press Release
Rashad Sabree, 37, of Boston, Massachusetts, was sentenced today in federal court in the District of Maine to 17 years in prison and ordered to pay restitution after previously pleading guilty to two count of sex trafficking. In sentencing the defendant, U.S. District Court Judge John D. Levy highlighted the degree of cruelty that the defendant’s crimes involved and its impact on the victims. The sentence was announced by Acting Attorney General Matthew Whitaker, Assistant Attorney General Eric Dreiband of the Justice Department’s Civil Rights Division, U.S. Attorney Halsey B. Frank of the District of Maine, Peter C. Fitzhugh, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Boston, and Harold H. Shaw, Special Agent in Charge, FBI Boston Division.
According to court documents, the defendant coerced two young women to engage in commercial sex acts in Maine between December 2015 and Jan. 5, 2016, by exploiting their heroin addictions, verbally abusing them, and threatening them with violence. The defendant controlled the victims by supplying them with just enough heroin to avoid opiate withdrawal, which involves severe pain and physical sickness, and then threatening to cut off their supply and cause them to suffer withdrawal if they refused to engage in commercial sex. On Jan. 5, 2016, a motorist called 911 after observing the defendant striking one of the victims while driving on I-95 towards Massachusetts, resulting in the defendant’s arrest.
"Sex trafficking is a horrific crime against the human dignity of the victims, and a strong sentence like this one is deserved," Acting Attorney General Whitaker said. "This case is particularly cruel because in addition to the defendant’s use of violence and threats, he exploited the victims’ opioid addictions to compel them to perform commercial sex acts for his profit. I want to thank U.S. Attorney Halsey Frank and the District of Maine’s Anti-Trafficking Coordination Team, HSI Boston, FBI Boston, our Maine state and local partner police agencies, and especially AUSA Julia Lipez and Special Litigation Counsel William Nolan of the Department’s Human Trafficking Prosecution Unit for their hard work on this case. I also want to thank the Good Samaritan who reported seeing the defendant strike one of the victims on I-95. Together we have achieved a measure justice for the victims and sent a message to traffickers that this Department of Justice will bring the full force of the law against them."
“This case demonstrates the important role that the public can play in helping to protect those who are vulnerable,” said U.S. Attorney Frank. “We encourage the public to say something if they see something. Here, thankfully, a good citizen did just that.”
“Homeland Security Investigations is proud to have assisted in this investigation, a case which clearly exposes the false claim that commercial sex trafficking is a so-called “victimless crime,” said Peter C. Fitzhugh, Special Agent in Charge, U.S Immigration and Customs Enforcement’s HSI Boston. “Close law enforcement coordination in this case has allowed justice to be done to the perpetrators of these vicious crimes and to, hopefully, provide some measure of compensation for the victims.”
“This defendant preyed on the addictions of his victims and brutally exploited them in a scheme driven by cruelty and greed,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division. “With today's sentencing, Sabree will pay the price for his crimes, while his victims continue to recover from the abuse suffered at his hands. This case demonstrates the FBI's unwavering commitment to work with our law enforcement partners to hold sex traffickers like him accountable.”
The District of Maine is one of six districts designated through a competitive, nationwide selection process as a Phase II Anti-Trafficking Coordination Team (ACTeam). ACTeams focus on developing high-impact human trafficking investigations and prosecutions involving forced labor, international sex trafficking and sex trafficking by force, fraud or coercion through interagency collaboration among federal prosecutors and federal investigative agencies.
The case was investigated by U.S. Immigration and Customs Enforcement’s HSI, the FBI, and the Biddeford Police Department, with assistance from the Maine State Police and the Sanford, Kittery, and Portland Police Departments. It was prosecuted by Assistant U.S. Attorney Julia Lipez and Special Litigation Counsel William E. Nolan of the Civil Rights Division’s Human Trafficking Prosecution Unit.
Man Charged in Criminal Complaint with Interstate KidnappingRead the Press Release
HAMMOND- Randy Smith, 24, recently of Golden Valley, Minnesota, was charged in a criminal complaint with interstate kidnapping, announced U.S. Attorney Kirsch.
U.S. Attorney Kirsch says, “The speedy charges filed in this matter represent the responsiveness of our law enforcement partners to investigate violent crime. Our strong commitment to investigating and prosecuting senseless violent crimes will always remain.”
The criminal complaint alleges that on the morning of December 5, 2018, a victim in Lafayette, Indiana, was kidnapped against her will and under threat of death or serious bodily injury, held for ransom, and transported to Illinois by individuals including Randy Smith. On the evening of December 5, law enforcement stopped a vehicle in Illinois containing the victim and Smith, at which time Smith was taken into custody.
The United States Attorney’s Office emphasizes that a criminal complaint is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.
If convicted, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated by the Federal Bureau of Investigation, the Lafayette Police Department, and investigators with the Tippecanoe County Prosecutor’s Office. This case is being prosecuted by Assistant United States Attorney Thomas Mahoney.
Madera and Fresno Residents Indicted for Methamphetamine Trafficking ConspiracyRead the Press Release
FRESNO, Calif. — A federal grand jury returned a four-count indictment today against Diblaim Alan Valdez-Araux, 31, of Madera, and Fresno residents Erick Lizarraga, 28; Perla Ramos, 29; Brittany Martinez, 26; David Martinez, 66; Rosemarie Martinez, 64; Jesus Bueno, 27; Noyra Gonzalez, 41; and Maricela Castellanos, 54, charging them with conspiracy to distribute and possess with the intent to distribute methamphetamine, U.S. Attorney McGregor W. Scott announced.
According to court documents, the defendants were involved in trafficking large quantities of methamphetamine in the Fresno – Madera area, as well as sending methamphetamine to Denver, Colorado. Lizarraga allegedly arranged two shipments to Denver that were seized by law enforcement. On October 13, 2018, David and Rosemarie Martinez had 30 pounds of methamphetamine with them that they were taking to Denver via Amtrak. On October 15, 2018, after Lizarraga arranged for Diblaim Valdez-Araux to get another 30 pounds, Noyra Gonzalez and Maricela Castellanos were arrested while taking the 30 pounds to Denver after their car was stopped and searched by the California Highway Patrol. Jesus Bueno purchased approximately 20 pounds of methamphetamine from Lizarraga that he sold to customers in the Fresno area. On November 4, 2018, Valdez-Diblaim was stopped in Selma by the Fresno Sheriff’s Department with approximately 54 pounds of methamphetamine while returning from the Los Angeles area. Perla Ramos and Brittany Martinez are believed to have assisted Lizarraga in delivering drugs and collecting profits.
If convicted, the defendants face a maximum statutory penalty of ten years to life in prison and a $1 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 defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is the product of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation by the Drug Enforcement Administration, Federal Bureau of Investigation, Fresno County Sheriff’s Department, California Highway Patrol, and Homeland Security Investigations. Assistant U.S. Attorney Laurel J. Montoya is prosecuting the case.
The OCDETF program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Luchese Crime Family Soldier Sentenced to 12 Years and Colombo Crime Family Associate Sentenced to 40 Months’ Imprisonment for Conspiring to Distribute OxycodoneRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, Anthony Grado, a member of the Luchese organized crime family, and Lawrence Tranese, an associate of the Colombo organized crime family, were sentenced by United States District Judge Carol B. Amon to 12 years’ and 40 months’ imprisonment respectively for conspiring to distribute oxycodone that they obtained through fraudulent prescriptions. The Court also ordered Grado to pay $70,000 in forfeiture and Tranese $12,000 in forfeiture.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the sentence.
“Today’s sentence punishes the defendants for ruthlessly endangering our community through their organized crime-backed distribution of highly-addictive opioid drugs,” stated United States Attorney Donoghue. “This Office, working together with our law enforcement partners, will continue our relentless efforts against those responsible for the opioid epidemic.” Mr. Donoghue thanked the Richmond County District Attorney’s Office for its assistance during this investigation.
“Opioid and prescription drug abuse affects communities and families in New York and across the country. Grado and Tranese’s conspiracy to distribute oxycodone contributed to this nationwide crisis, and even worse, they threatened a doctor with violence in order to coerce him into providing fraudulent prescriptions,” stated FBI Assistant Director-in-Charge Sweeney. “Today’s sentence should stand as a warning to organized crime families, their associates, and anyone else who would commit similar acts in order to further the scourge of opioid addiction for their own benefit: you will be found out and brought to justice.”
“Dismantling criminal enterprises, in all their forms, will always be a priority for the NYPD and our law-enforcement partners at the Eastern District and the FBI,” stated NYPD Commissioner O’Neill. “Collectively, we have a very long reach and we will not tire in our mission of fighting crime and keeping people safe – which includes removing from our streets anyone who adds to our nation’s opioid crisis by dealing illegal narcotics.”
Grado and Tranese, together with their coconspirators, gave a Brooklyn-based doctor the names of people for whom the doctor should write prescriptions, and the doctor complied, usually without conducting any physical examinations. The defendants then filled the prescriptions and sold the pills. Alternatively, the defendants and their coconspirators used violence and threats of violence to force the doctor to write the prescriptions, or seized the doctor’s prescription pad and Grado completed the prescription. In one recorded conversation, Grado told the doctor that he would make the doctor write “a thousand scripts a day and [expletive] feed you to the [expletive] lions” if the doctor wrote prescriptions without Grado’s approval. In the same conversation, Grado told the doctor that if newly ordered prescription pads “go in anybody’s hands” besides Grado’s, “I’ll put a bullet right in your head.” During the course of the conspiracy, one of Grado’s associates stabbed the doctor in a dispute over the doctor’s prescription pads.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Mathew S. Miller and Matthew J. Jacobs are in charge of the prosecution.
The Defendants:
ANTHONY GRADO
Age: 54
Monroe Township, New JerseyLAWRENCE TRANESE (also known as “Fat Larry”)
Age: 55
Brooklyn, New YorkE.D.N.Y. Docket No. 17-559 (CBA)
Lebanese Businessman Tied by Treasury Department to Hezbollah Pleads Guilty to Money Laundering Conspiracy in Furtherance of Violations of U.S. SanctionsRead the Press Release
Kassim Tajideen, the operator of a network of businesses in Lebanon and Africa whom the U.S. Department of the Treasury designated as an important financial supporter to the Hezbollah terror organization, pleaded guilty today to charges associated with evading U.S. sanctions imposed on him.
The announcement was made by Acting Attorney General Matthew G. Whitaker; Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division; Assistant Attorney General for National Security John C. Demers; U.S. Attorney Jessie K. Liu for the District of Columbia; Special Agent in Charge Raymond Donovan of the Special Operations Division of the U.S. Drug Enforcement Administration (DEA); Special Agent in Charge Valerie A. Nickerson of the DEA’s New Jersey Field Division and Commissioner Kevin K. McAleenan of U.S. Customs and Border Protection (CBP).
Tajideen, 63, of Beirut, Lebanon, pleaded guilty before U.S. District Court Judge Reggie B. Walton in the U.S. District Court for the District of Columbia, to conspiracy to launder monetary instruments, in furtherance of violating the International Emergency Economic Powers Act (IEEPA). Tajideen was designated by the U.S. Department of the Treasury as a Specially Designated Global Terrorist in May 2009 as a result of his provision of significant financial support to Hezbollah, which was named a Foreign Terrorist Organization by the U.S. Department of State. This designation prohibited Tajideen from being involved in, or benefiting from transactions, involving U.S. persons or companies without a license from the Department of the Treasury.
“This Department of Justice has put a target on Hezbollah,” Acting Attorney General Whitaker said. “In January, we started the Hezbollah Financing and Narcoterrorism Team, and in October, former Attorney General Sessions named Hezbollah one of the five priority organizations for our Transnational Organized Crime Task Force. The DEA worked for three years to bring this prosecution of a Treasury Department-designated terrorist for sanctions violations to successful completion. I want to thank the prosecutors and agents Trial Attorney Joseph Palazzo and AUSAs Thomas Gillice, Luke Jones, Karen Seifert, Deborah Curtis, and SAUSA Jacqueline Barkett for helping us achieve this victory today. We are going to keep targeting Hezbollah and other terrorist groups and their supporters, and we are going to keep winning.”
“This guilty plea demonstrates our commitment to vigorously investigate and prosecute violations of U.S. economic sanctions,” said U.S. Attorney Liu. “Through the efforts of law enforcement here and abroad, this defendant has been held accountable for violating laws protecting our national security and foreign policy interests.”
“This is the latest example of DEA’s recent successes against Hezbollah’s global criminal support network and reflects DEA’s determination in combatting this transnational criminal organization,” said Special Agent in Charge Donovan.
According to the statement of facts signed by Tajideen in conjunction with his plea, after his designation, Tajideen conspired with at least five other persons to conduct over $50 million in transactions with U.S. businesses that violated these prohibitions. In addition, Tajideen and his co-conspirators knowingly engaged in transactions outside of the United States, which involved transmissions of as much as $1 billion through the United States financial system from places outside the United States.
The plea, which is contingent upon the Court’s approval, calls for an agreed-upon sentence of 60 months in prison. The plea agreement also calls for Tajideen to pay $50 million as a criminal forfeiture in advance of his sentencing. Tajideen has been detained since extradition to the United States in March 2017 after his arrest overseas. Sentencing is scheduled to occur on Jan. 18, 2019.
This guilty plea is the result of a three-year investigation by the DEA’s Special Operations Division (SOD)/Counter Narcoterrorism Operations Center (CNTOC) and the DEA New Jersey Field Division, with the assistance by CBP. Assistance was provided by the Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN).
Tajideen’s case falls under DEA’s Project Cassandra, which targets Hezbollah’s global criminal support network - dubbed by the DEA as the Business Affairs Component (BAC) - that operates as a logistics, procurement and financing arm for Hezbollah. This investigation and others are part of the Department of Justice’s Hezbollah Financing and Narcoterrorism Team (“HFNT”), a component of the Department’s Transnational Organized Crime initiative (TOC). The HFNT was formed in January 2018 to ensure an aggressive and coordinated approach to prosecutions and investigations, including Project Cassandra cases, targeting the individuals and networks supporting Hezbollah. Comprised of experienced international narcotics trafficking, terrorism, organized crime, and money laundering prosecutors and investigators, the HFNT works closely with partners like the DEA, the Department of the Treasury, and the Federal Bureau of Investigation, among others, to advance and facilitate prosecutions of Hezbollah and its support network in appropriate cases.
This case is being prosecuted by the Criminal Division’s Money Laundering and Asset Recovery Section, U.S. Attorney’s Office for the District of Columbia, the DEA and CPB’s National Targeting Center Counter Network Division, with assistance from the Criminal Division’s Office of International Affairs and the Counterintelligence and Export Control Section of the National Security Division.
The case is being prosecuted by Trial Attorney Joseph Palazzo of the Money Laundering and Asset Recovery Section and Assistant U.S. Attorneys Thomas A. Gillice, Luke Jones, Karen Seifert and Deborah Curtis and Special Assistant U.S. Attorney Jacqueline L. Barkett of the U.S. Attorney’s Office for the District of Columbia.
Lebanese Businessman Tied by Treasury Department to Hezballah Pleads Guilty to Money Laundering Conspiracy in Furtherance of Violations of U.S. SanctionsRead the Press Release
WASHINGTON – Kassim Tajideen, the operator of a network of businesses in Lebanon and Africa whom the U.S. Department of the Treasury designated as an important financial supporter to the Hezbollah terror organization, pleaded guilty today to charges associated with evading U.S. sanctions imposed on him.
The announcement was made by Acting Attorney General Matthew G. Whitaker; Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division; Assistant Attorney General for National Security John C. Demers; U.S. Attorney Jessie K. Liu for the District of Columbia; Special Agent in Charge Raymond Donovan of the Special Operations Division of the U.S. Drug Enforcement Administration (DEA); Special Agent in Charge Valerie A. Nickerson of the DEA’s New Jersey Field Division, and Commissioner Kevin K. McAleenan of U.S. Customs and Border Protection (CBP).
Tajideen, 63, of Beirut, Lebanon, pleaded guilty before U.S. District Court Judge Reggie B. Walton in the U.S. District Court for the District of Columbia, to conspiracy to launder monetary instruments, in furtherance of violating the International Emergency Economic Powers Act (IEEPA). Tajideen was designated by the U.S. Department of the Treasury as a Specially Designated Global Terrorist in May 2009 as a result of his provision of significant financial support to Hezbollah, which was named a Foreign Terrorist Organization by the U.S. Department of State. This designation prohibited Tajideen from being involved in, or benefiting from transactions, involving U.S. persons or companies without a license from the Department of the Treasury.
“This Department of Justice has put a target on Hezbollah,” Acting Attorney General Whitaker said. “In January, we started the Hezbollah Financing and Narcoterrorism Team, and in October, former Attorney General Sessions named Hezbollah one of the five priority organizations for our Transnational Organized Crime Task Force. The DEA worked for three years to bring this prosecution of a Treasury Department-designated terrorist for sanctions violations to successful completion. I want to thank the prosecutors and agents Trial Attorney Joseph Palazzo and AUSAs Thomas Gillice, Luke Jones, Karen Seifert, Deborah Curtis, and SAUSA Jacqueline Barkett for helping us achieve this victory today. We are going to keep targeting Hezbollah and other terrorist groups and their supporters, and we are going to keep winning.”
“This guilty plea demonstrates our commitment to vigorously investigate and prosecute violations of U.S. economic sanctions,” said U.S. Attorney Liu. “Through the efforts of law enforcement here and abroad, this defendant has been held accountable for violating laws protecting our national security and foreign policy interests.”
“This is the latest example of DEA’s recent successes against Hezbollah’s global criminal support network and reflects DEA’s determination in combatting this transnational criminal organization,” said Special Agent in Charge Donovan.
According to the statement of facts signed by Tajideen in conjunction with his plea, after his designation, Tajideen conspired with at least five other persons to conduct over $50 million in transactions with U.S. businesses that violated these prohibitions. In addition, Tajideen and his co-conspirators knowingly engaged in transactions outside of the United States, which involved transmissions of as much as $1 billion through the United States financial system from places outside the United States.
The plea, which is contingent upon the Court’s approval, calls for an agreed-upon sentence of 60 months in prison. The plea agreement also calls for Tajideen to pay $50 million as a criminal forfeiture in advance of his sentencing. Tajideen has been detained since extradition to the United States in March 2017 after his arrest overseas. Sentencing is scheduled to occur on Jan. 18, 2019.
This guilty plea is the result of a three-year investigation by the DEA’s Special Operations Division (SOD)/Counter Narcoterrorism Operations Center (CNTOC) and the DEA New Jersey Field Division, with the assistance by CBP. Assistance was provided by the Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN).
Tajideen’s case falls under DEA’s Project Cassandra, which targets Hezbollah’s global criminal support network - dubbed by the DEA as the Business Affairs Component (BAC) - that operates as a logistics, procurement and financing arm for Hezbollah. This investigation and others are part of the Department of Justice’s Hezbollah Financing and Narcoterrorism Team (“HFNT”), a component of the Department’s Transnational Organized Crime initiative (TOC). The HFNT was formed in January 2018 to ensure an aggressive and coordinated approach to prosecutions and investigations, including Project Cassandra cases, targeting the individuals and networks supporting Hezbollah. Comprised of experienced international narcotics trafficking, terrorism, organized crime, and money laundering prosecutors and investigators, the HFNT works closely with partners like the DEA, the Department of the Treasury, and the Federal Bureau of Investigation, among others, to advance and facilitate prosecutions of Hezbollah and its support network in appropriate cases.
This case is being prosecuted by the Criminal Division’s Money Laundering and Asset Recovery Section, U.S. Attorney’s Office for the District of Columbia, the DEA and CPB’s National Targeting Center Counter Network Division, with assistance from the Criminal Division’s Office of International Affairs and the Counterintelligence and Export Control Section of the National Security Division.
The case is being prosecuted by Trial Attorney Joseph Palazzo of the Money Laundering and Asset Recovery Section and Assistant U.S. Attorneys Thomas A. Gillice, Luke Jones, Karen Seifert and Deborah Curtis and Special Assistant U.S. Attorney Jacqueline L. Barkett of the U.S. Attorney’s Office for the District of Columbia.
Laurel man sentenced to two years for having stolen gunRead the Press Release
BILLINGS – Laurel resident David Dorrow Roundy, 42, was sentenced to two years in federal prison and three years supervised release on Thursday, U.S. Attorney Kurt G. Alme said.
Roundy pleaded guilty in August to possession of a stolen firearm, a .22 caliber bolt-action rifle.
U.S. District Judge Susan P. Watters presided at sentencing.
In March 2017, law enforcement responded to a series of burglaries near 64th Street South in Billings and learned that a suspect had been seen fleeing on foot. At about the same time, officers received a call of a pickup truck being stolen in the area.
Officers pursued the truck, which left the road, went through a fence and across a field before becoming disabled. The suspect, identified as Roundy, fled on foot but was tracked to a garage and arrested. A pat-down search of Roundy turned up a rifle magazine and live rounds of ammunition.
Further investigation determined that ammunition found in the truck was the same brand and caliber as ammunition found on Roundy. And during a search of the immediate area of the stolen pickup, officers found a .22 caliber bolt-action rifle in the snow in an irrigation ditch. The rifle used the same magazines that were found in Roundy’s possession and were the same brand of ammunition as found in the stolen pickup. A trace on the rifle determined that its original purchaser had been the victim of a burglary in March 2017 and lived in the same general area as the burglaries and the recovery of the stolen pickup.
Assistant U.S. Attorney Zeno Baucus prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together federal, state, local and tribal law enforcement agencies and the communities they serve to reduce violent crime and make neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals.
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Justice Department Sues St. Bernard Parish, Louisiana, for Discrimination Against Persons with DisabilitiesRead the Press Release
The Justice Department today filed a lawsuit alleging that St. Bernard Parish, Louisiana, has discriminated against persons with disabilities in violation of the Fair Housing Act. The lawsuit, filed in the U.S. District Court for the Eastern District of Louisiana, alleges that St. Bernard Parish failed to provide reasonable accommodations to its zoning ordinance by repeatedly refusing to allow two proposed group homes for children with disabilities to operate. The two group homes had satisfied all of the relevant licensing requirements of the State of Louisiana.
“The Fair Housing Act prohibits municipalities from applying their zoning laws in a manner that discriminates against persons with disabilities,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Civil Rights Division is committed to enforcing the Fair Housing Act zealously to ensure that such discrimination against people with disabilities does not continue to occur.”
“Nondiscriminatory housing is a fundamental right for all Americans, including those with disabilities, according to the Fair Housing Act,” said U.S. Attorney for the Eastern District of Louisiana Peter G. Strasser. “Our office, along with the Department’s Housing and Civil Enforcement section, will continue to protect the rights of all citizens within our district to attain housing.”
“It’s hard enough for individuals with disabilities to find adequate places to live without having the creation of housing that meets their needs intentionally blocked,” said Anna María Farías, HUD’s Assistant Secretary for Fair Housing and Equal Opportunity. “HUD will continue to work with the Justice Department to take appropriate action anytime housing providers and others in a position to control access to housing violate the Fair Housing Act.”
This case arose when St. Bernard Parish denied reasonable accommodations to allow two group homes, which would have been licensed by the State of Louisiana, to operate in single-family neighborhoods of the Parish. The Parish’s zoning code prohibits group homes from operating in these neighborhoods. There are only 13 group homes operating throughout the State of Louisiana that serve children with disabilities in the same manner as the homes proposed in St. Bernard Parish. The two group home operators filed complaints with the U.S. Department of Housing and Urban Development (HUD) after their requests for reasonable accommodations were denied.
The lawsuit seeks a court order prohibiting St. Bernard from applying its zoning code in a manner that discriminates against persons with disabilities. The lawsuit also seeks monetary damages to compensate victims, as well as payment of a civil penalty. A related case challenging St. Bernard’s conduct was filed by the operators of the two proposed group homes. That case, Angelicare et al. v. St. Bernard Parish, is pending before the U.S. District Court for the Eastern District of Louisiana.
The federal Fair Housing Act prohibits discrimination in housing based on disability, race, color, religion, national origin, sex and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, e-mail the Justice Department at [email protected], or contact the Department of Housing and Urban Development at 1-800-66-9777 or through its website at https://www.hud.gov/program_offices/fair_housing_equal_opp.
The complaint is an allegation of unlawful conduct. The allegations must still be proven in federal court.
Justice Department Sues St. Bernard Parish, Louisiana, for Discrimination Against Persons with DisabilitiesRead the Press Release
WASHINGTON – The Justice Department today filed a lawsuit alleging that St. Bernard Parish, Louisiana, has discriminated against persons with disabilities in violation of the Fair Housing Act. The lawsuit, filed in the U.S. District Court for the Eastern District of Louisiana, alleges that St. Bernard Parish failed to provide reasonable accommodations to its zoning ordinance by repeatedly refusing to allow two proposed group homes for children with disabilities to operate. The two group homes had satisfied all of the relevant licensing requirements of the State of Louisiana.
“The Fair Housing Act prohibits municipalities from applying their zoning laws in a manner that discriminates against persons with disabilities,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Civil Rights Division is committed to enforcing the Fair Housing Act zealously to ensure that such discrimination against people with disabilities does not continue to occur.”
“Nondiscriminatory housing is a fundamental right for all Americans, including those with disabilities, according to the Fair Housing Act,” said U.S. Attorney for the Eastern District of Louisiana Peter G. Strasser. “Our office, along with the Department’s Housing and Civil Enforcement section, will continue to protect the rights of all citizens within our district to attain housing.”
“It’s hard enough for individuals with disabilities to find adequate places to live without having the development of housing that meets their needs intentionally blocked,” said Anna María Farías, HUD’s Assistant Secretary for Fair Housing and Equal Opportunity. “HUD will continue to work with the Justice Department to take appropriate action anytime housing providers and others in a position to control access to housing violate the Fair Housing Act.”
This case arose when St. Bernard Parish denied reasonable accommodations to allow two group homes, which would have been licensed by the State of Louisiana, to operate in single-family neighborhoods of the Parish. The Parish’s zoning code prohibits group homes from operating in these neighborhoods. There are only 13 group homes operating throughout the State of Louisiana that serve children with disabilities in the same manner as the homes proposed in St. Bernard Parish. The two group home operators filed complaints with the U.S. Department of Housing and Urban Development (HUD) after their requests for reasonable accommodations were denied.
The lawsuit seeks a court order prohibiting St. Bernard from applying its zoning code in a manner that discriminates against persons with disabilities. The lawsuit also seeks monetary damages to compensate victims, as well as payment of a civil penalty. A related case challenging St. Bernard’s conduct was filed by the operators of the two proposed group homes. That case, Angelicare et al. v. St. Bernard Parish, is pending before the U.S. District Court for the Eastern District of Louisiana.
The federal Fair Housing Act prohibits discrimination in housing based on disability, race, color, religion, national origin, sex and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, e-mail the Justice Department at [email protected], or contact the Department of Housing and Urban Development at 1-800-66-9777 or through its website at https://www.hud.gov/program_offices/fair_housing_equal_opp.
The complaint is an allegation of unlawful conduct. The allegations must still be proven in federal court.
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Justice Department Settles Immigration-Related Discrimination Claim Against Utah Cookie RetailerRead the Press Release
The Justice Department today announced that it has reached a settlement agreement with Mrs. Fields’ Original Cookies Inc. (Mrs. Fields), headquartered in Broomfield, Colorado. Mrs. Fields’ brands produce, distribute, and sell specialty items, including cookies, brownies, and chocolates. The settlement resolves a claim that Mrs. Fields’ production and distribution center located in Salt Lake City, Utah, violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by discriminating against work-authorized non-U.S. citizens when verifying their work authorization.
The Department’s independent investigation concluded that, from at least March 21, 2016, to March 20, 2017, Mrs. Fields required lawful permanent residents to provide specific documentation issued by the Department of Homeland Security to prove their work authorization, while not imposing this requirement on U.S. citizens. All work-authorized individuals, regardless of citizenship status, have the right to choose which document to present, from a range of valid documents, to demonstrate their authority to work in the United States. The anti-discrimination provision of the INA prohibits employers from subjecting employees to unnecessary documentary demands based on employees’ citizenship status or national origin.
“Workers should not have to face discrimination because of citizenship status or national origin in the employment eligibility verification process,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We are pleased that Mrs. Fields has agreed to work with the Division and ensure that its staff is trained on the anti-discrimination provision of the INA, and we look forward to working with the company to reach this shared goal.”
Under the settlement, Mrs. Fields will pay $26,400 in civil penalties to the United States and be subject to departmental monitoring and reporting requirements. In addition, certain employees will be required to attend training on the requirements of the INA’s anti-discrimination provision.
The Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.
For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites.
Applicants or employees who believe they were subjected to retaliation; different documentary requirements based on their citizenship, immigration status or national origin; or discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee, should contact IER’s worker hotline for assistance.
Jury Convicts KC Man of Illegal FirearmRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., man has been convicted by a federal trial jury of illegally possessing a firearm.
Emmanuel Robinson, 35, was found guilty on Wednesday, Dec. 5, 2018, of being a felon in possession of a firearm. Evidence introduced during the trial indicated that Robinson, a convicted felon, was in possession of a Taurus .40-caliber handgun on March 10, 2017.
Kansas City police detectives were contacting another individual on an unrelated matter on that date when an altercation occurred between that individual and Robinson. During the altercation, Robinson pushed the other individual and made motions towards his front waistband. The detectives identified themselves and Robinson started to walk away but kept his hands near his front waistband. Both Robinson and the other individual were detained in order to control the situation. During a search, a detective found the loaded handgun concealed in the waistband of Robinson’s pants.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Robinson has two prior felony convictions for unlawful use of a weapon and prior felony convictions for robbery, domestic assault, endangering the welfare of a child, assault, and armed criminal action.
Following the presentation of evidence, the jury in the U.S. District Court in Kansas City, Mo., deliberated for less than half an hour before returning the guilty verdict to U.S. Chief District Judge Greg Kays, ending a trial that began Tuesday, Dec. 4, 2018.
Under federal statutes, Robinson is subject to a mandatory minimum sentence of 15 years in federal prison without parole, up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Brad K. Kavanaugh and Alison D. Dunning. It was investigated by the Kansas City, 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.Joseph Lee King Sentenced to 48 Months in Federal Prison for Domestic ViolenceRead the Press Release
GRAND RAPIDS, MICHIGAN – Joseph Lee King, 59, from Peshawbestown (Leelanau County), Michigan, was sentenced to 48 months in federal prison for Domestic Assault – Habitual Offender, U.S. Attorney Andrew Byerly Birge announced today. In addition to the prison term, U.S. District Judge Paul L. Maloney imposed a 2-year term of supervised release that will commence once King is released from imprisonment.
King pled guilty on July 26, 2018. He admitted that the assault occurred during an argument on the Grand Traverse Band of Ottawa and Chippewa Indians’ Reservation. King was subject to increased penalties under federal law because he had at least two prior convictions for domestic violence. The United States had jurisdiction over the case because it occurred in Indian Country.
In its sentencing memorandum, the U.S. Attorney’s Office noted "a witness observed the defendant grabbing the victim by the throat, practically lifting her off the ground by the neck, and then throwing her to the ground. Police observed bruising and discoloration on and around the victim’s neck." The United States sought a significant sentence because of King’s conduct, his long criminal history, and his pattern of offending against women. The United States noted that King had previously strangled or attempted to strangle his domestic partners. "Such conduct is extremely dangerous and poses great risk to its victims," the United States argued. In light of the facts that domestic violence often causes severe, ongoing harm to women and is a risk factor for future domestic homicide, the United States emphasized the need to protect the public and promote respect for the law.
The Grand Traverse Band Tribal Police Department and the Federal Bureau of Investigation (FBI) investigated the case. Assistant U.S. Attorney Sean M. Lewis prosecuted the case.
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James Dolan to Pay $609,810 Civil Penalty for Violating Antitrust Premerger Notification RequirementsRead the Press Release
The Justice Department’s Antitrust Division, at the request of the Federal Trade Commission (FTC), filed a civil antitrust lawsuit today in U.S. District Court in Washington, D.C., against James Dolan for violating the premerger notification and waiting period requirements of the Hart-Scott-Rodino (HSR) Act of 1976 when he acquired voting securities of Madison Square Garden Company in 2017. At the same time, the department filed a proposed settlement, subject to approval by the court, under which Dolan has agreed to pay a $609,810 civil penalty to resolve the lawsuit.
The HSR Act imposes notification and waiting period requirements for transactions meeting certain size thresholds so that they can undergo premerger antitrust review. Federal courts can assess civil penalties for premerger notification violations under the HSR Act in lawsuits brought by the department. The maximum civil penalty for an HSR violation, which is adjusted annually, is currently $41,484 per day.
Further details about this matter are described in the FTC’s press release issued today, and in the attached complaint and competitive impact statement.
Consistent with the requirements of the Tunney Act, the proposed settlement, along with the competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Roberta S. Baruch, Special Attorney, United States, c/o Federal Trade Commission, 600 Pennsylvania Avenue, NW, CC-8407, Washington, D.C. 20580. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may approve the proposed settlement upon finding that it is in the public interest.
James Clark of Better Family Life of the Eastern District of MissouriRead the Press Release
St. Louis — Acting Attorney General Matthew Whitaker announced today that 16 awards will be given during the 2018 Project Safe Neighborhoods (PSN) National Conference, including one recipient in the Eastern District of Missouri, will receive a Project Safe Neighborhoods Award. These awards recognize individuals and groups for their dedication and contribution to the success of PSN.
In the Eastern District of Missouri, James Clark of Better Family Life will be honored with an award.
"Project Safe Neighborhoods is making our prosecutions more targeted and more effective—and that makes the American people safer," said Acting Attorney General Whitaker. "Today the Department recognizes 16 examples of those who go above and beyond the call of duty in using PSN to reduce violent crime. We had a lot of impressive nominees, but even with tough competition, these 16 stood out. I want to thank each one of them for their service and congratulate them on a job well done."
In the Eastern District of Missouri, the following individual was recognized for the following award:
The Project Safe Neighborhoods Award for Outstanding Community Involvement to the PSN Program has been awarded to James Clark, Vice President of Community Outreach, for Better Family Life, Inc. (BFL), a community development organization whose mission is to promote positive and innovative changes within the St. Louis Metropolitan area through cultural, economic, and educational programs. With the help of staff at BFL, Clark has developed and implemented a Gun Violence De-escalation Program that has successfully thwarted numerous interpersonal feuds between individuals in and around the St. Louis area that, but for Clark’s intervention, would have devolved into violent encounters. Clark’s and BFL’s efforts have helped to save multiple lives. Through collaboration with the U.S. Attorney’s Office for the Eastern District of Missouri, Clark has and will continue to meet with and train other U.S. Attorneys’ Offices around the country that seek to establish de-escalation programs in their districts.
Husband and Wife Sentenced on Federal Health Care Fraud ChargesRead the Press Release
Charlottesville, VIRGINIA – A husband and wife, who enriched themselves by defrauding the Virginia Medicaid program, were sentenced this week in U.S. District Court on federal health care fraud and related charges, United States Thomas T. Cullen and Virginia Attorney General Mark Herring announced.
Dennis Gowin, 67, of Dillwyn, Va., was sentenced earlier this week to twelve months in prison, followed by two years of supervised release. He was also ordered to pay restitution in the amount of $210,593, and a fine of $5,500. Gowin previously pleaded guilty to one count of health care fraud, one count of wrongful disclosure of individually identifiable healthcare information, and one count of possession of a firearm by a previously convicted felon. Cheryl Gowin, 65, also of Dillwyn, was sentenced earlier this week to three years of probation with the first six-months on house arrest, three years of supervised release, ordered to pay restitution in the amount of $210,593, and a $2,000 fine. She previously pleaded guilty to one count of health care fraud and one count of wrongful disclosure of individually identifiable healthcare information.
“Health-care fraud, in its various forms, costs the U.S. taxpayers billions of dollars every year and substantially reduces the quality of care for those who need it most,” U.S. Attorney Cullen stated today. “We are committed to working with our federal, state, and local partners, including the Virginia Attorney General’s Office, to prosecute those who exploit our health-care system and, in so doing, violate the public’s trust.”
“The Gowins defrauded taxpayers and families who trusted the couple to provide counseling and care to their loved ones,” Attorney General Herring said today. “We will continue to hold people like this to account when they break the law by lying, cheating, stealing from, or defrauding important healthcare programs.”
According to evidence presented at previous hearings by Assistant United States Attorney Ronald M. Huber, from May 2013 through February 2016, Dennis Gowin was a director of Hope for Tomorrow Counseling, an outreach program that provided mental health counseling to children, adolescents, adults, and families throughout the Commonwealth. Cheryl Gowin was likewise employed by Hope for Tomorrow as a Resident-in-Counseling (i.e. counselor in training). In addition, Dennis Gowin was the Executive Director of Discovery Counseling-Virginia, a counseling group established by the Gowins.
The healthcare fraud conviction resulted from Dennis and Cheryl Gowins’ failure to disclose Dennis’ previous felony conviction on multiple applications related to employment, enrollment, and credentialing with several employers and heath care entities. These false statements enabled Dennis Gowin to become a Licensed Professional Counselor in Virginia, obtain employment and for the Gowins to receive payment for health insurance providers, including Virginia Medicaid. The conviction for wrongful disclosure of individually identifiable healthcare information resulted from the Gowins’ removal of over 100 patient files from Hope for Tomorrow without permission from Hope for Tomorrow or the individual patients. These files were returned to Hope for Tomorrow after being discovered during the execution of a federal search warrant at the Gowins’ residence.
The investigation of the case was conducted by the Office of the Virginia Attorney General – Medicaid Fraud Control Unit, United States Department of Health and Human Services – Office of Inspector General, Virginia State Police and the United States Postal Inspection Service. Assistant United States Attorney Ronald M. Huber prosecuted the case for the United States.
Gary Man Sentenced to 96 Months ImprisonmentFollowing Conviction for Possessing Firearm as a FelonRead the Press Release
HAMMOND- Derek Tyrone Edwards, 40 years old, of Gary, Indiana, was sentenced by U.S. District Court Judge Philip P. Simon after pleading guilty to being a felon in possession of a firearm, announced U.S. Attorney Kirsch.
Edwards was sentenced to 96 months in prison followed by 2 years of supervised release when released from prison.
According to documents in the case, on February 15, 2018, law enforcement responded to 8th and Grant Street, Gary, Indiana, concerning a traffic collision and made contact with Edwards, an occupant of a vehicle. While talking to Edwards, law enforcement observed a gun magazine inside the vehicle and had Edwards exit the vehicle. Law enforcement recovered a 7.62x39mm semi-automatic pistol from the vehicle. In pleading guilty, Edwards admitted possessing the firearm and having prior felony convictions: a 2014 conviction in Indiana for Possession of Cocaine or Narcotic Drug and convictions in Wisconsin for Manufacture/Deliver THC in 2006, Possession with Intent THC in 2004, and Forgery in 2002.
This case was part of our Project Safe Neighborhoods (PSN) program. The program brings together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. Learn more about Project Safe Neighborhoods.
This case was investigated by the ATF/HIDTA Task Force and Gary Police Department. This case was prosecuted by Assistant United States Attorney Nicholas J. Padilla.
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Four Men Charged in White Plains Federal Court with Gun Trafficking and Narcotics OffensesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of two Complaints charging four defendants with firearms trafficking and narcotics distribution offenses in and around Port Chester, New York. The defendants, WALTER JONES, FRANK MAXWELL, MARKEL CALHOUN, and JAMAR CALHOUN, were presented in White Plains federal court this afternoon before United States Magistrate Judge Paul E. Davison.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged, these defendants were responsible for selling guns and drugs, two potentially lethal commodities that plague too many communities. Thanks to the FBI and the Port Chester Police, the defendants are in custody and facing federal criminal charges.”
FBI Assistant Director William F. Sweeney Jr. said: “Public safety is at risk when criminals think they can operate outside the law, selling guns and drugs in our communities. The FBI's Westchester County Safe Streets Task Force is committed to working with our law enforcement partners to break the cycle of addiction and violence by removing those responsible for putting weapons and narcotics on the streets.”
As alleged in the Complaints unsealed today in White Plains federal court [1]:
In or about February and March 2017, JONES and MARKEL CALHOUN conspired to traffic in firearms, and sold four firearms in Port Chester, New York, and Riverside, Connecticut. During about the same period, JONES and MARKEL CALHOUN also possessed firearms unlawfully despite their prior felon status. From at least in or about February 2018 up to November 2018, JONES and MAXWELL conspired to distribute 28 grams or more of crack cocaine. Between March and May 2018, JAMAR CALHOUN distributed crack cocaine on at least six occasions in and around Port Chester, New York.
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JONES, 30, and MARKEL CALHOUN, 26, are charged with one count of firearms trafficking conspiracy, which carries a maximum sentence of five years in prison. MARKEL CALHOUN is charged with one count of being a felon in possession of a firearm and JONES is charged with two counts of being a felon in possession of a firearm, each of which carries a maximum sentence of 10 years in prison. JONES and MAXWELL, 36, are charged with one count of conspiracy to distribute 28 grams or more of crack cocaine, which carries a mandatory minimum sentence of five years in prison and a maximum sentence of 40 years in prison. JAMAR CALHOUN, 28, is charged with six counts of distribution of crack cocaine, 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 investigative work of the FBI Westchester County Safe Streets Task Force and the Port Chester Police Department.
These cases are being handled by the Office’s White Plains Division. Assistant United States Attorneys Christopher Brumwell and Vladislav Vainberg are in charge of the prosecution.
The charges contained in the Complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaints and the description of the Complaints set forth below constitute only allegations, and every fact described should be treated as an allegation.
Former Portland Resident Found Guilty of Sexually Exploiting Children While BabysittingRead the Press Release
PORTLAND, Ore. – After deliberating for just 20 minutes, a federal jury returned guilty verdicts against Andrew Franklin Kowalczyk, 44, formerly of Portland, for the repeated sexual abuse and exploitation of three minor female victims.
“Andrew Kowalczyk’s actions have brought unthinkable distress and terror to the lives of his victims and their families. Our two prosecutors, each with many years’ experience handling similar cases, describe Kowalczyk’s conduct as the worst they’ve seen in their careers,” said Billy J. Williams, U.S. Attorney for the District of Oregon. “I applaud the unwavering resolve of our trial team, our partner investigators and the victim survivors who persevered against a defendant who attempted every conceivable tactic to delay justice for more than 10 years.”
“I am proud of the people on the FBI's Child Exploitation Task Force, people who work tirelessly to bring justice to victimized children and help put their abusers behind bars. This defendant will never violate our most vulnerable again, and I hope this sentencing sends a strong message to those who would sexually exploit children,” said Renn Cannon, Special Agent in Charge of the FBI in Oregon.
“Heinous crimes like those committed by the defendant must come to an end,” said Brad Bench, Special Agent in Charge of HSI Seattle. “I’m very proud of the agents and law enforcement partners responsible for removing this dangerous person from our streets. Let this be a warning to others who attempt to harm our children. We will work tirelessly to ensure you are brought to justice.”
According to court documents and information shared during trial, law enforcement first learned of Kowalczyk’s abuse in early 2008. On December 27, 2007, a Des Moines, Washington police officer stopped Kowalczyk for several traffic violations. Kowalcyzk did not own the vehicle he was driving, did not have a driver’s license and gave the officer a false name. After refusing the officer’s request to step out of the vehicle, Kowalczyk fled, leading police on a high-speed chase that was later terminated for public safety reasons.
Kowalczyk was later located at the Northwest Motor Inn in Puyallup, Washington. A records check run on the alias used by Kowalczyk to book his hotel room returned an outstanding arrest warrant for failing to appear in an unlawful use of a weapon case in Washington County, Oregon. Kowalczyk was arrested early the next morning when attempting to leave the hotel in a cab. Officers seized Kowalcyzk’s personal belongings including two pieces of luggage and a backpack.
In January 2008, Des Moines police detectives sought and obtained a state warrant to search computer equipment, a digital camera and digital storage devices found in Kowalczyk’s luggage. The searched returned a tremendous amount of child pornography including a number of images and videos that appeared to be homemade. Numerous videos and images depicted an unidentified male sexually abusing two very young children. Metadata embedded in many of the digital images revealed that they were created using the same camera found in Kowalczyk’s luggage.
Puyallup Police officers later published certain non-pornographic images of the victims and an adult woman found on Kowalczyk’s devices in an attempt to identify the victims. An adult woman, later identified as the victims’ mother, saw the images and contacted Puyallup Police. She confirmed she knew Kowalczyk and that he had regular access to her daughters in Portland. After reviewing some of the images seized, the victims’ mother was able to identify locations where the images were taken.
The victims’ mother told investigators she met Kowalczyk, a friend of her deceased brother, in 2003. In 2005, after the victims’ mother and her children wound up in a domestic violence shelter, Kowalcyzk offered to pay for them to stay in a motel. Between April and the beginning of June 2005, Kowalczyk arranged for the victims’ mother and her children to stay with or adjacent to him in three different Portland motels. Kowalcyzk and the victims’ mother later rented separate apartments.
The victims’ mother frequently left her children alone in Kowalczyk’s care while she searched for work or housing. The victims’ mother believed Kowalczyk treated the victims well, buying them clothing, diapers, shoes, and even a birthday cake for their second birthday and was unaware of the abuse that transpired. The cake—with the victims’ names on it—appeared in some of the non-pornographic images found on Kowalczyk’s devices.
Investigators were later able to track down the Portland motel rooms Kowalczyk rented for the family. Kowalczyk took photos of himself sexually abusing two of the minor victims at each location. He took sexually explicit photos of the third minor victim at his apartment in Southeast Portland. In March 2008, investigators conducted a federal search warrant of a storage locker Kowalczyk rented in Woodlawn, Washington. They found a sofa, a mirror and several shirts depicted in the pornographic images found on Kowalczyk’s devices.
A federal grand jury charged Kowalczyk with a single count of sexual exploitation of children on February 2, 2008. A superseding indictment with eight additional counts of sexual exploitation of children was returned on March 21, 2012. Kowalczyk sought the replacement of counsel more than a dozen times and filed extensive motions to suppress evidence, causing a decade-long delay in bringing the case to trial.
He faces a maximum sentence of 30 years in prison with a 15-year mandatory minimum on each of the nine counts. Kowalczyk will be sentenced in March 2019 before U.S. District Court Judge Michael W. Mosman.
The case was investigated by the FBI, Homeland Security Investigations (HSI), the Portland Police Bureau, and the Puyallup and Des Moines, Washington Police Departments. It was prosecuted by Scott M. Kerin and Gary Y. Sussman, Assistant U.S. Attorneys for the District of Oregon.
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 U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Anyone who has information about the physical or online exploitation of children are encouraged to call the FBI at (503) 224-4181 or submit a tip online at www.fbi.gov/tips.
Former Owner of Mortgage Company Ordered to Pay over $11.5 Million in Restitution and Forfeiture for His Role in Multi-Million Dollar Fraud SchemeRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that David Fili, Jr., 48, of Drexel Hill, PA, was sentenced today by United States District Judge Joel H. Slomsky to one day in jail and five years of supervised release, with the first 18 months of supervised release to be served on home confinement. Significantly, the defendant was ordered to forfeit $1,969,312.02, and is jointly and severally liable to pay $9,567,074.56 in restitution. Fili previously entered a guilty plea to ten counts of wire fraud and two counts of bank fraud.
Along with George Barnard, 47, of Newtown Square, PA, Fili owned Capital Financial Mortgage Corporation (“CFMC”), based in Delaware County, PA. Between 2005 and March 2013, Fili and Barnard issued refinance mortgage loans to customers of CFMC. Instead of using the money to pay off their customers’ outstanding first mortgages, however, they diverted $9,781,977 to themselves from bank accounts belonging to CFMC and several title companies owned by Barnard. Barnard was previously sentenced to five years in prison for his role in the scheme.
As part of his guilty plea, Fili admitted that he used much of the money he diverted to buy a vacation home and to support his gambling habit (while Barnard used the money he diverted to buy multi-million dollar beach homes in Avalon, New Jersey, several yachts, and to pay the salary of a yacht captain). At the time that the scheme fell apart in March 2013, Fili and Barnard left over two dozen CFMC customers stuck with two mortgages on their homes because CFMC had failed to pay off their customers’ existing first mortgages.
“For many years, Fili defrauded honest, hard-working individuals out of their money so that he could gamble it away and relax in his illegally-obtained vacation home, “ said U.S. Attorney McSwain. “The defendant’s vacation ends now. We are thankful that the Court ordered him to pay millions of dollars as a result of his crimes.”
The case was investigated by the Federal Bureau of Investigation and the Department of Housing and Urban Development, Office of Inspector General, and is being prosecuted by Assistant United States Attorney Michael S. Lowe.
Former Local Bank Teller Pleads Guilty to EmbezzlementRead the Press Release
Memphis, TN – A local woman pleaded guilty to conspiracy and embezzlement, while being employed as a teller at Tri-State Bank ("Tri-State") in Memphis. D. Michael Dunavant, U.S. Attorney for the Western District of Tennessee announced the guilty plea today.
According to the charging instrument, from calendar years 2015 to 2016, Tanya Williams, a Tri-State bank teller, participated in a scheme to activate many dormant accounts and withdraw funds from said accounts. Williams and her bank manager used their Tri-State computer and user I.D. to activate and enter the accounts to fraudulently withdraw funds. The manager gave Williams some of the proceeds due to her willingness to participate in the fraud. During the time of the conspiracy and embezzlement, Tri-State suffered a loss of over $214,000.
U.S. Attorney D. Michael Dunavant said, "The long term financial fraud and embezzlement committed by this defendant is disturbing and far-reaching. The abuse of her position of trust and authority as a teller for her own personal gain had a significant negative impact on the employees and customers of Tri-State Bank. The U.S. Attorney’s Office places a high priority on protecting the security, deposits, and assets of financial institutions, and this conviction demonstrates that commitment."
Sentencing is set for April 5, 2018, before U.S. District Court Judge John T. Fowlkes. Williams pleaded guilty to one-count of conspiracy and another count of embezzlement. The maximum penalty for conspiracy is 5 years imprisonment and a $250,000 fine and for embezzlement 30 years imprisonment and a $1,000,000 fine. On August 30, 2018, the co-defendant, Michael B. Gaines, pled guilty to embezzlement. U.S. District Court Judge John T. Fowlkes Jr., sentenced Gaines to 12 months and one-day in federal prison on December 6, 2018.
This case was investigated by the United States Secret Service.
Assistant U.S. Attorney Damon Keith Griffin is prosecuting the case on the government’s behalf.
Former LMPD Officer Pleads Guilty to Enticing Minors, Distribution, and Possession of Child PornRead the Press Release
LOUISVILLE, Ky. – A former Louisville Metro Police Department officer has pleaded guilty before United States District Judge David J. Hale for enticement, attempted enticement, possession of child pornography, transfer of obscene materials to a minor and distribution of child pornography, announced United States Attorney Russell M. Coleman.
“This defendant dishonored the proud badge and uniform of Louisville’s Finest with his perversion and used it to prey on our young people,” stated U.S. Attorney Russell Coleman. “The Federal Bureau of Prisons awaits the outcome of his sentencing.”
Kenneth R. Betts, 34, of Shelbyville, Kentucky, was charged in an Indictment returned by a federal Grand Jury on November 7, 2018, with one count of distribution of child pornography, one count of possession of child pornography, three counts of enticement of individuals under the age of 18 years to engage in sexual activity, one count of transfer of obscene materials to an individual under the age of 16, and one count of attempted enticement of an individual under the age of 18. All of his criminal conduct occurred in Jefferson County, Kentucky.
According to the Plea Agreement, in or about and between February 2006 and February 2008, Betts communicated with an individual (John Doe 1), who had not attained the age of eighteen years. Betts communicated with John Doe 1 via Facebook and other social media. During those communications, Betts knowingly persuaded, induced, and enticed John Doe 1 to engage in sexual activity, including sharing sexually explicit images with Betts. The resending of such images is sexual activity that constitutes a criminal offense.
On or about May 14, 2014, Betts knowingly distributed child pornography. He sent two of the images referenced above to John Doe 1. Betts transmitted the images to John Doe 1 using Facebook.
Law enforcement officials executed a state search warrant on Betts’ residence on October 13, 2016. Among other things, they seized digital devices – including an external hard drive. Forensic examination of the digital devices revealed Betts’ possession of child pornography. Namely, he possessed the four images he originally requested and received from John Doe 1.
John Doe 2 (Counts 4 and 5). In or about and between May 2010 and May 2014, Betts communicated via the Internet with an individual (John Doe 2), who had not attained the age of eighteen years. The two met and became acquainted through the LMPD Explorers Program. Betts communicated with John Doe 2 via Facebook and other social media platforms. During those communications, Betts knowingly persuaded, induced, and enticed John Doe 2 to engage in sexual activity. The sexual activities included a one-time in-person sexual encounter involving oral sex between Betts and John Doe 2 and repeated requests for sexually explicit images to be shared with Betts. The oral sex and requests for photos are activities for which a person may be prosecuted for a criminal offense.
From May 2010 through May 2012, Betts used a facility and means of interstate commerce to send pictures of himself to John Doe 2. During that time period, Betts knew John Doe 2 had not attained the age of 16 years.
Jane Doe 1 (Count 6) In or about and between June 2013 and July 2013, Betts used a facility and means of interstate commerce, that is, a cellular telephone and its text messaging feature, to communicate with Jane Doe 1. At that point in time, Jane Doe 1 was 16. The two met and became acquainted through the LMPD Explorers Program. During the communications, Betts asked Jane Doe 1 to meet for sexual activity. He also asked Jane Doe 1 for sexually explicit photos, which Jane Doe 1 provided to him. The photos Jane Doe 1 provided constituted a violation of Kentucky law. Law enforcement officials with LMPD observed the images as well as the receipt of those images by Betts. However, the images were destroyed during the initial investigation.
John Doe 3 (Count 7) In or about and between September 2014 and November 2014, Betts used a facility and means of interstate commerce, that is, a cellular telephone, Facebook and SnapChat (a social media platform), to communicate with John Doe 3. At that point in time, John Doe 3 was 17. Betts and John Doe 3 had met and become acquainted through the LMPD Explorers Program. During the communications, Betts asked John Doe 3 to meet for sexual activity. He also asked John Doe 3 for sexually explicit photos. He attempted to persuade, induce, entice, or coerce John Doe 3 to engage in unlawful sexual activity. Betts sent John Doe 3 a photograph of himself wearing an LMPD uniform and in the company of a young woman during some of the communications encouraging a three-way. However, John Doe 3 refused to meet Betts for sexual activity or to send the requested sexually explicit images of himself.
Betts faces no less than 10 years in prison due to statutory mandatory minimum sentencing requirements. The maximum potential sentence is life in prison. The charges also carry a maximum potential fine of $1,750,000.00 and a term of Supervised Release of not less than five years and could be up to a term of life. There is no parole in the federal criminal system. Sentencing has been scheduled for March 18, 2019.
Assistant United States Attorney Jo E. Lawless is prosecuting the case, and it is being investigated by the Federal Bureau of Investigation (FBI) and the Louisville Metro Police Department’s Public Integrity Unit.
Former Container Company Employee Found Guilty of Tampering with Consumer Products Sentenced to 60 MonthsRead the Press Release
BOWLING GREEN, Ky. – United States District Judge Greg N. Stivers sentenced Waylon J. Horton, a former employee of a container manufacturing plant located in Hart County, Kentucky, to 60 months imprisonment followed by 2 years of supervised release, for tampering with consumer products, announced United States Attorney Russell M. Coleman.
“Mr. Horton did real harm, placing both families and a major local employer at risk,” stated U.S. Attorney Russell M. Coleman, “And for that, federal prison time is just punishment.”
In 2016, Horton, now age 44, worked on printers on production lines for Styrofoam drinking cups at the container manufacturing plant in Horse Cave, Kentucky. On two separate dates in July 2016 Horton, with reckless disregard for the risk of death or bodily injury it might cause, placed pieces of broken glass into Styrofoam drinking cups that were then shipped to fast food restaurants. Glass pieces were subsequently found in cups at three different restaurants in Ohio, Kentucky, and Indiana. After receiving complaints, the container manufacturing plant put the distribution of Styrofoam cups that were produced in its facility on hold and seven additional boxes containing Styrofoam cups with broken glass were ultimately found.
Horton pleaded guilty to tampering with consumer products on July 13, 2018.
The case was prosecuted by Assistant United States Attorneys Amanda Gregory and Marisa Ford, and was investigated by the Federal Bureau of Investigation and the Hart County Sheriff’s Office.
Former Chief Financial Officer Sentenced in Manhattan Federal Court to 18 Months in Prison for Defrauding Company of over $2 MillionRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that RANDY WANG was sentenced in Manhattan federal court to 18 months in prison for defrauding his former employer, a company based in Manhattan that manages a global airline alliance whose members consist of approximately 13 international airlines and their affiliates (the “Company”), by incurring more than $2.2 million in unauthorized charges on the Company’s credit card account. WANG pled guilty on April 17, 2018, to one count of wire fraud before U.S. District Judge John F. Keenan, who also imposed today’s sentence.
U.S. Attorney Geoffrey S. Berman said: “Randy Wang took advantage of his positions of trust with his employer – and his access to the company’s purse strings. He charged millions of dollars’ worth of electronics on his employer’s credit card for non-businesses purposes, and attempted to cover up his criminal conduct. Today Wang has been sentenced to prison for his crime.”
According to the Information filed against Wang and statements made in related court filings and proceedings:
During the relevant time period, WANG was employed as a business manager for the Company, and for approximately the last two months of the scheme, WANG also served as the Company’s interim chief financial officer. From at least in or about January 2016 through in or about October 2017, WANG incurred more than $2.2 million of unauthorized charges on the Company’s credit card account by making hundreds of purchases at both online and brick-and-mortar retailers. WANG’s purchases, which were entirely unrelated to his official duties and were not for the benefit of the Company, included approximately 443 laptop computers, 241 mobile electronic devices, 24 tablet computers, and numerous other electronics. In order to evade detection of his criminal conduct, WANG made changes to the Company’s accounting records to disguise the nature of the credit card charges.
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In addition to his prison term, WANG, 34, of Oakland Gardens, New York, was sentenced to 3 years of supervised release, a forfeiture money judgment in the amount of $2,294,982.00, and a restitution order in the amount of $2,294,982.00.
Mr. Berman praised the work of the Department of Homeland Security, Homeland Security Investigations, and the El Dorado Task Force.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorney Christine I. Magdo is in charge of the prosecution.
Former Allegheny County Resident Admits Violating Federal Firearms and Drug LawsRead the Press Release
PITTSBURGH, PA – On December 3, 2018, a former resident of Allegheny County, Pennsylvania pleaded guilty in federal court to charges of violating federal firearms and narcotics laws, United States Attorney Scott W. Brady announced today.
Maurice Tinsley, 37, formerly of McKees Rocks, Penn Hills and the Northside neighborhoods of Pittsburgh, Pa., pleaded guilty to four counts before United States District Judge Hornak.
In connection with the guilty plea, the court was advised that in July 2016, Tinsley conspired with others to possess with intent to distribute and distribute heroin. Specifically, on July 15, 2016, Tinsley possessed with intent to distribute between 40 and 60 grams of heroin. Additionally, on the same date, Tinsley, a convicted felon, possessed a firearm and ammunition in furtherance of the drug trafficking crime. Federal law prohibits a felon from possessing a firearm or ammunition.
Judge Hornak scheduled sentencing for April 4, 2019 at 1:30 pm. The law provides for a maximum of life imprisonment, a fine of up to $4,500,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history of the defendant.
Pending sentencing, the court ordered that the defendant remain incarcerated.
Assistant United States Attorney Ross E. Lenhardt of the Major Crimes Section is prosecuting this case on behalf of the government.
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. The Department of Justice has made turning the tide of rising violent crime in America a top priority.
The Drug Enforcement Administration conducted the investigation that led to the prosecution of Tinsley, with the valuable assistance of multiple state, county and local police departments including the Pennsylvania State Police, the Robinson Township Police Department, the Canonsburg Police Department and the Pittsburgh Bureau of Police.
Former 5Linx Owner Sentenced on Wire Fraud and Tax Charges for His Role in Multi-Million Dollar Marketing SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Craig Jerabeck, 57, of Rochester, NY, who was convicted of conspiracy to commit wire fraud and filing a false tax return, was sentenced to serve 14 months in prison by U.S. District Judge David G. Larimer. The defendant was also ordered to pay $2,310,510 in restitution to victims and $118,628.00 to the Internal Revenue Service.
Assistant U.S. Attorney Richard A. Resnick, who is handling the prosecution of the case, stated that in 2001, the defendant, along with co-defendants Jeb Tyler and Jason Guck, started 5LINX Enterprise, Inc. (5LINX), a multi-level marketing company headquartered in Rochester. The company offered utility and telecommunications services, health insurance, nutritional supplements, and business services. 5LINX utilized independent representatives to sell products and services, and to recruit additional representatives. Jerabeck was President and Chief Executive Officer, Guck was Vice President and Secretary, and Tyler was also a Vice President. In June 2006 and July 2006, Jerabeck, Tyler and Guck sold 5LINX stock for $5,500,000 to three investment companies, Trillium Lakefront Partners III, L.P.; Trillium Lakefront Partners III, NY L.P.; and Shalam Investment Co., L.L.C. (collectively known as "the Investors").
Between May 2010 and April 2016, 5LINX sold and distributed products for a Florida vendor. As part of his plea agreement, Jarabeck admitted that he, together with Guck and Tyler, personally, and by companies they owned, received approximately $2,310,510 from a Florida vendor, without the knowledge of the 5LINX’s Investors, Board of Directors, or other stockholders. Jerabeck further admitted that he, Guck, and Tyler were each prohibited from receiving such money by their Stockholders Agreements. 5LINX, its investors, as owners between 2006 and January 2014, and as creditors thereafter, and stockholders, were entitled to and should have received the funds instead of Jerabeck, Guck, and Tyler.
In addition, Jerabeck provided false information on his personal tax returns for the years 2011 through 2013, and 2015. The defendant failed to report income he received from 5LINX, and took deductions to which he was not entitled, that is, commissions that were not paid. The false returns resulted in a tax loss to the Internal Revenue Service of approximately $118,628.
Judge Larimer also ordered the forfeiture of the defendant’s interest in real property at 90 East Lake Road, in Middlesex, NY.
Jeb Tyler and Jason Guck were previously convicted and are scheduled to be sentenced on December 12, 2018, and December 19, 2018, respectively.
Today’s sentencing is the culmination of an investigation by Special Agents of the Federal Bureau of Investigations, under the direction of Special Agent-in-Charge Gary Loeffert, and the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent in Charge, New York Field Office.
Florida Company Pleads Guilty to Structuring Financial TransactionsRead the Press Release
ALBANY, NEW YORK – Latam Games, LLC of Miami, Florida, pled guilty today to structuring financial transactions to evade currency reporting requirements.
The announcement was made by United States Attorney Grant C. Jaquith; Keith Kruskall, Acting Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (DEA); and James D. Robnett, Special Agent in Charge of the New York Field Office of Internal Revenue Service (IRS)-Criminal Investigation.
A bank is required to report a customer’s deposits of more than $10,000 in currency in a single transaction. According to the plea agreement, between March 2013 and June 2013, to avoid these reports, Latam Games’s corporate officers broke cash deposits into amounts of less than $10,000 and deposited these smaller amounts in Florida, California, and New Jersey. For example, the company deposited $4,240 on March 18, 2013, $7,445 on March 19, and $9,560 on March 20. The company deposited $9,045 on April 25, 2013, and $9,000 the following day.
Latam Games admitted that it willfully violated federal law against structuring as part of a pattern of illegal activity involving more than $100,000 in a 12-month period.
Latam Games will be sentenced by Senior United States District Judge Lawrence E. Kahn on April 11, 2019, and faces a fine of up to $1 million. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
Latam Games has also agreed to forfeit $2,076,155.11 to the United States.
This case was investigated by the DEA and IRS-Criminal Investigation, and is being prosecuted by First Assistant U.S. Attorney Elizabeth C. Coombe and was investigated by Assistant U.S. Attorney Jeffrey Coffman. Assistant U.S. Attorney Adam Katz represented the United States in the civil forfeiture action.
Federal Judge Sentences Former Pasco County Schools Transportation Manager to Life in Federal Prison for Child Enticement and Child Pornography OffensesRead the Press Release
Tampa, Florida – U.S. District Judge Virginia Hernandez Covington today sentenced William Matthew Napolitano (35, New Port Richey) to life in federal prison for enticing and coercing a minor to engage in sexual activity, and for possessing child pornography. Napolitano had pleaded guilty on August 29, 2018.
According to court documents, from 2014, through most of 2017, Napolitano—at the time employed by Pasco County Schools as a Transportation Manager—lured a 15-year-old student into a predatory sexual relationship that lasted several years. In addition, Napolitano invited the student to view his collection of child pornography, invited him to watch live productions of child pornography on the internet, and invited him to engage in group sex with other adults and other minors. Napolitano also produced and distributed depictions of the sexual abuse of the student.
A review of Napolitano’s electronic devices revealed his interest in enticing and having sex with children and detailed his pattern of arranging such sexual encounters. Napolitano’s devices also contained thousands of message threads wherein he discussed raping babies and young children, intentionally contracting and spreading the Human Immunodeficiency Virus (HIV), and incest. He also actively participated in and encouraged others to sexually abuse children for his own viewing pleasure. Napolitano had amassed a large collection of child sex-abuse videos and other sexually explicit material, including infant and toddler pornography, pornography involving young children, and pornography involving feces, bestiality, and sadistic and masochistic conduct.
At the time of his arrest, Napolitano was a Manager of Transportation Services for Pasco County Schools. Before ascending to that position, he was a Transportation Route Specialist (2006–2010) and a school bus driver (2004–2006). From 2001 through most of 2004, Napolitano worked at the YMCA in New Port Richey, Florida, as a childcare worker, child supervisor, and senior program director.
“The atrocities committed by this child predator who was in a trusted position at a school district cannot be undone,” said HSI Special Agent in Charge James C. Spero. “But our greatest hope is that with this life sentence, we can bring some closure to the victims as they continue in the recovery process.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Frank Murray.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Federal Grand Jury Indicts Michigan Resident for Fentanyl Possession with Intent to DistributeRead the Press Release
KNOXVILLE, Tenn. – On December 4, 2018, a federal grand jury in Knoxville returned a one-count indictment against D’Marko Vernell King, 30, of Detroit, Michigan. This case has not yet been set for trial.
The indictment, on file with the U.S. District Court, alleges that King possessed, with intent to distribute, four hundred (400) grams or more of a mixture or substance containing a detectable amount of fentanyl, a Schedule II controlled substance, in the Eastern District of Tennessee.
If convicted of the possession with intent to distribute charge, King faces a minimum mandatory term of at least 10 years and up to life in prison, at least five years of supervised release, a fine of up to $10,000,000, any applicable forfeiture, and a $100 special assessment.
The investigation and seizure of evidence was conducted by the Narcotics Unit of the Knox County Sheriff’s Office. Leading up to the indictment, they partnered with the Drug Enforcement Administration, Tennessee Bureau of Investigation, and U.S. Marshals Service. Assistant U.S. Attorney Brent N. Jones will represent the United States.
Today, the United States faces an unprecedented drug epidemic. The Centers for Disease Control (CDC) estimates that more than 70,000 Americans died of drug overdoses in 2017. Many of these deaths are attributed to the increased abuse of potent and dangerous synthetic opioids like fentanyl. These charges are the result of investigations supported by the Organized Crime Drug Enforcement Task Forces (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally. Knox County, Tennessee, has been designated as one of those hot spots.
Members of the public are reminded that an indictment constitutes only charges and that every person is presumed innocent until his or her guilt has been proven beyond a reasonable doubt.
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Farmington Man Pleads Guilty to Federal Bank Robbery ChargeRead the Press Release
ALBUQUERQUE – Justin Jr Watchman, 26, of Farmington, N.M., pled guilty today in federal court in Albuquerque, N.M., to bank robbery. Watchman entered the guilty plea without the benefit of a plea agreement.
The FBI arrested Watchman in Aug. 2018, for robbing the First Convenience Bank located inside the Walmart at 4600 East Main Street in Farmington on Aug. 17, 2018, by handing the bank teller a note demanding money. Farmington Police Department (FPD) officers located Watchman later that same day. At the time of arrest, he possessed a video game system still in the manufacturer’s box and a one-way bus ticket.
Watchman will remain in custody pending his sentencing hearing, which has yet to be scheduled. At sentencing, Watchman faces a statutory maximum penalty of 20 years in federal prison and a $250,000 fine.
This case was investigated by the Albuquerque office of the FBI and the FPD. Assistant U.S. Attorney Howard Thomas is prosecuting the case.
El Departamento de Justicia Resuelve una Denuncia de Discriminación Relacionada con la Inmigración contra un Minorista de Galletas del Estado de UtahRead the Press Release
Washington, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con Mrs. Fields’ Original Cookies Inc. (Mrs. Fields), cuya sede se encuentra en Broomfield, Colorado. Las marcas de Mrs. Fields producen, distribuyen y venden artículos especiales, entre ellos galletas, brownies y chocolates. El acuerdo resuelve una queja de que el centro de producción y distribución de Mrs. Fields en Salt Lake City, Utah vulnerara la disposición antidiscriminatoria de la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) al discriminar a individuos con autorización para trabajar que no eran ciudadanos de los EE. UU. a la hora de verificar su permiso para trabajar.
La investigación independiente del Departamento concluyó que, desde al menos el 21 de marzo del 2016 hasta el 20 de marzo del 2017, Mrs. Fields obligó a residentes permanentes legales a proporcionar documentos específicos emitidos por el Departamento de Seguridad Nacional para comprobar su autorización para trabajar mientras que no impusieron tales requisitos a ciudadanos estadounidenses. Todo individuo con autorización para trabajar, independientemente de su estatus de ciudadanía, tiene derecho a elegir, dentro de una lista de documentos válidos, el que desea presentar para demostrar su autoridad para trabajar en los Estados Unidos. La disposición antidiscriminatoria de la INA prohíbe que los empleadores sometan a sus empleados a requisitos documentales innecesarios con base en el estatus de ciudadanía o la nacionalidad de origen de los mismos.
«Los trabajadores no deben ser discriminados a causa de su estatus de ciudadanía o nacionalidad de origen durante el proceso de verificación de la elegibilidad para trabajar», declaró el Fiscal General Auxiliar de la División de Derechos Civiles, Eric Dreiband. «Nos complace ver que Mrs. Fields ha acordado colaborar con la División y asegurar que su personal esté capacitado en cuanto a la disposición antidiscriminatoria de la INA. Esperamos con interés la continua colaboración de la empresa para lograr esta meta en común».
Conforme el acuerdo, Mrs. Fields pagará $26,400 en sanciones civiles a los Estados Unidos y se someterá a los requisitos de supervisión y declaración del departamento. Además, se requerirá a ciertos empleados acudir a una capacitación acerca de los requisitos de la disposición antidiscriminatoria de la INA.
La Sección de Derechos de Inmigrantes y Empleados (IER, por sus siglas en inglés) de la División es responsable de aplicar la disposición antidiscriminatoria de la INA. Entre otras cosas, esta ley prohíbe la discriminación por motivos de estatus de ciudadanía o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; prácticas documentales injustas; y represalias y la intimidación.
Para más información sobre protecciones contra la discriminación en el empleo en virtud de las leyes migratorias, llame a la línea directa de la IER para trabajadores al 1‑800‑255-7688 (1‑800-237-2515, TTY para personas con discapacidades auditivas); llame a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); inscríbase a un seminario en línea gratuito; envíe un correo electrónico a [email protected] o visite la página web de la IER en inglés o español.
Aquellos postulantes o empleados que creen haber sido sometidos a represalias, otros requisitos documentales por motivos de su nacionalidad de origen o su estatus migratorio o de ciudadanía; o discriminación por motivos de su nacionalidad de origen o su estatus migratorio o de ciudadanía en los procesos de contratación, despido o reclutamiento o recomendación por comisión deben llamar a la línea directa de la IER para trabajadores para pedir ayuda.
Eight Men Sentenced for Their Roles in an International Child Pornography Production RingRead the Press Release
Eight men from around the country were sentenced today and yesterday for participating in an international child pornography production ring, announced United States Attorney Matthew Schneider of the Eastern District of Michigan, and Special Agent in Charge Timothy Slater of the Federal Bureau of Investigation, Detroit Division.
Sentenced were:
- Christian Maire, age 40 Binghamton, New York, was sentenced to 40 years
- Arthur Simpatico, age 47 Mississauga, Ontario, Canada, was sentenced to 38 years
- Jonathan Negroni Rodriguez, age 37 West Hollywood, California, was sentenced to 35 years
- Michal Figura, age 36 Swarthmore, Pennsylvania, was sentenced to 31 ¼ years
- Odell Ortega, age 37 Miami, Florida, was sentenced to 37 ½ years
- Brett Jonathan Sinta, age 36 Hickory, North Carolina, was sentenced to 30 ½ years
- Caleb Young, age 38 Cuyahoga Falls, Ohio, was sentenced to 30 years
- Daniel Walton, age 34 Saginaw, Texas, was sentenced to 30 ½ years
In addition to their prison sentences and terms of supervised release, all of the defendants were ordered to pay $5000 in restitution to each of the identified victims, reaching a total of over one million dollars. United States District Judge Stephen J. Murphy, III of the Eastern District of Michigan imposed the sentences.
According to court records, these eight men worked together from 2012 through 2017, with other men both inside and outside of the United States, to lure juvenile girls to an unmonitored video chat website and then sexually exploit them. The men recruited the victims from common social media platforms by pretending to be teenage boys interested in chatting with the girls in real time. Once the victims arrived in the chatrooms, the group—all pretending to be teenagers—worked together to build trust and convince the children to engage in sexually explicit conduct on web cameras. Group members then recorded that activity. The girls were unaware that the men were making recordings, or what they dubbed “captures,” of the sexual activity.
Through their scheme, the group successfully targeted hundreds of minors, some as young as ten years old. The forensic examination of their devices recovered over 450,000 child exploitive and child pornography videos of these minors, some of whom were present for the sentencing hearing and made statements to the Court. Still other victims have not been identified. The FBI has so-far identified more than two dozen victims in the United States.
“These predators committed truly horrific crimes against innocent girls and they deserve decades in prison. Shockingly, some of these defendants have young children themselves,” said United States Attorney Schneider. “Parents, please speak with your children about the dangers of chatting online so we can keep all of our children safe.”
“Those who abuse children by enticing them to produce pornographic images of themselves cause grave harm to their victims and to our community,” said FBI Special Agent in Charge Slater. “The FBI, our partners in the SEMTEC task force, and our global law enforcement network will continue to work together to identify these criminal networks and aggressively pursue charges against those who victimize and exploit innocent children.”
Assistant United States Attorneys April Russo and Kevin Mulcahy of the Eastern District of Michigan prosecuted the case. The FBI’s Detroit Field Office and Southeast Michigan Trafficking and Exploitation Crimes task force investigated the case.
The case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
EDVA Team Presents at National Project Safe Neighborhoods ConferenceRead the Press Release
ALEXANDRIA, Va. – United States Attorney G. Zachary Terwilliger, along with a team of law enforcement officials from the Eastern District of Virginia, joined law enforcement leaders from around the country this week at the 2018 Project Safe Neighborhoods (PSN) Conference held in Kansas City, Missouri.
This morning, Terwilliger participated in a panel presentation on the ATF’s Crime Gun Intelligence Center (CGIC) model and the National Integrated Ballistic Information Network (NIBIN).
“CGIC and NIBIN are game changers for how we target and investigate trigger pullers,” said Terwilliger. “Director Brandon’s leadership and support of our anti-violent crime efforts and the U.S. Attorney community in general has been astounding. He and his team are truly committed to the ATF mantra of being no better partner. My sincere thanks to the brave women and men of ATF for all they are doing to interdict gun traffickers and violent criminals using both traditional law enforcement techniques as well as cutting edge science.”
Terwilliger was joined at the PSN conference by Assistant U.S. Attorneys Stephen W. Miller and Rebeca H. Bellows, Newport News Police Chief Steve R. Drew, Major Roger Russell of the Richmond Police Department, Detective Ray Betts of the Fairfax County Police Department’s Gang Unit, and Sgt. Claudio Saa of the Town of Herndon Police Department. This team of law enforcement officials presented on best practices of investigating and dismantling MS-13, setting up violent crime task forces, forming law enforcement and community partnerships, and how to effectively use the CGIC model to address violent crime. The Eastern District of Virginia continues to be a leader in PSN and currently has active programs in all four divisions: Alexandria, Newport News, Norfolk, and Richmond.
Terwilliger recently accepted an invitation from ATF Director Thomas E. Brandon to join the National Crime Gun Intelligence Board, and will immediately begin serving a three-year term.
“United States Attorney Terwilliger’s extensive experience in both prosecuting violent firearm offenders and developing Department of Justice policies to combat firearm violence provides essential expertise to the Crime Gun Intelligence Governing Board,” said ATF Deputy Director Thomas E. Brandon. “ATF is fully committed to reducing gun violence in communities across the nation and the Governing Board, which includes police chiefs, forensic lab directors and federal and state prosecutors, is vital to the success of our mission. ATF’s National Integrated Ballistic Information Network helps disrupt the shooting cycle by assisting investigators in identifying firearms involved in more than one crime, often leading to the arrest of active trigger pullers and the firearm traffickers who illegally supply them with guns. NIBIN focuses investigations on our nation’s most violent offenders, enhancing the effectiveness of law enforcement in making our communities safer. We thank United States Attorney Terwilliger for his commitment to public safety the Eastern District of Virginia and our nation, and greatly appreciate his joining the Board.”
Established in 2016, the board uses the collective experience of federal, state, and local experts in the fields of forensics, law enforcement, and criminal law to ensure ATF receives valuable input on national programs related to Crime Gun Intelligence. Members of the 23-member board serve 3-year terms and are eligible for re-appointment. It meets biannually in different cities across the United States.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
Dutchess County Felon Sentenced to 24 Months for Illegal Possession of FirearmsRead the Press Release
ALBANY, NEW YORK – Christopher Mikelinich, age 53, of Wingdale, New York, was sentenced today to 24 months in prison for illegally possessing a stolen 12 gauge, semi-automatic shotgun over an approximately two-and-a-half year period in which he resided in Columbia County, New York.
The announcement was made by United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
Senior United States District Judge Norman A. Mordue also sentenced Mikelinich to 3 years of supervised release, to begin following his term of imprisonment.
As part of his guilty plea, Mikelinich admitted that between November 2014 and February 2017, he possessed the shotgun while residing in Ancram, New York. The shotgun had previously been stolen from its owner’s vehicle in New Windsor, New York, in 2004, and was purchased by the defendant from a co-worker. Two prior felony convictions, including a prior federal conviction for being a felon in possession of firearms, prevented Mikelinich from legally possessing the firearm.
At Mikelinich’s sentencing, Judge Mordue determined that Mikelinich unlawfully possessed two additional firearms.
This case was investigated by ATF, the New York State Police, the Columbia Country District Attorney’s Office, and the Columbia County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Drug Trafficker Sentenced to 30 Years in PrisonRead the Press Release
PHOENIX – On Dec. 3, 2018, Jose Ramon Cebreros-Sanchez, a legal permanent resident from Mexico, was sentenced by U.S. District Judge Diane J. Humetewa to 360 months in prison. On July 17, 2018, Cebreros-Sanchez was found guilty at trial of conspiring to distribute methamphetamine and marijuana.
In 2016, Cebreros-Sanchez obtained methamphetamine and marijuana from Mexican cartel members and, with Taiwan Huckaby, then sold the drugs in South Phoenix. Huckaby grew up in South Phoenix and was familiar with people in the area looking for drugs. On Aug. 25, 2016, Huckaby and another person were murdered during an attempted “drug rip” at a South Phoenix residence. Homicide charges were filed by the Maricopa County Attorney’s Office.
In addition to Cebreros-Sanchez, 12 others were charged with drug and firearm-related crimes as part of this investigation: Dondre Peart, Christopher Gray, Shanique Blair, Markie Manning, Anthony Harrison, John Harris, Jr., Jeffrey Moore, Ray Box, Jr., Jerry Cockhearn, Sr., Daniel Fulton, Benjamin Littles, and Dedrick Woods. With the exception of Blair, all have pleaded guilty or been convicted at trial and sentenced. Blair remains a fugitive at this time.
“The U.S. Attorney’s Office is committed to protecting our communities from violent crimes arising from illegally-owned guns and drugs,” stated First Assistant United States Attorney Elizabeth A. Strange. “We will continue to work closely with our law enforcement partners to combat these dangers to public safety. I would like to thank ATF, DEA, and the Phoenix Police Department for their invaluable work on this case.”
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Drug Enforcement Administration, with assistance from the Phoenix Police Department. This case was prosecuted by Lacy Cooper, Maria Gutierrez, Keith Vercauteren, and Mark Wenker, Assistant United States Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-16-01202-PHX-DJH
RELEASE NUMBER: 2018-166_ Cebreros-Sanchez etal
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Drug Maker Actelion Agrees to Pay $360 Million to Resolve False Claims Act Liability for Paying KickbacksRead the Press Release
Pharmaceutical company Actelion Pharmaceuticals US, Inc. (Actelion), based in South San Francisco, California, has agreed to pay $360 million to resolve claims that it illegally used a foundation as a conduit to pay the copays of thousands of Medicare patients taking Actelion’s pulmonary arterial hypertension drugs, in violation of the False Claims Act, the Justice Department announced today.
When a Medicare beneficiary obtains a prescription drug covered by Medicare, the beneficiary may be required to make a partial payment, which may take the form of a copayment, coinsurance, or a deductible (collectively “copays”). These copay obligations may be substantial for expensive medications. Congress included copay requirements in the Medicare program, in part, to serve as a check on health care costs, including the prices that pharmaceutical manufacturers can demand for their drugs.
Under the Anti-Kickback Statute, a pharmaceutical company is prohibited from offering or paying, directly or indirectly, any remuneration—which includes money or any other thing of value— to induce Medicare patients to purchase the company’s drugs. This prohibition extends to the payment of patients’ copay obligations.
Actelion sells a number of pulmonary arterial hypertension drugs, including Tracleer, Ventavis, Veletri, and Opsumit (the “Subject Dugs”). The government alleged that Actelion used a foundation, which claims 501(c)(3) status for tax purposes, as an illegal conduit to pay the copay obligations of thousands of Medicare patients taking the Subject Drugs and to induce those patients to purchase them, because it knew that the prices Actelion set for the Subject Drugs could otherwise pose a barrier to those purchases. From 2014 to 2015, Actelion made donations to the foundation, which, in turn, used those donations to pay copays of patients prescribed the Subject Drugs. The government alleged that Actelion routinely obtained data from the foundation detailing how much the foundation had spent for patients on each Subject Drug; it then used this information to decide how much to donate to the foundation and to confirm that its contributions were sufficient to cover the copays of only patients taking the Subject Drugs. The Government further alleged that Actelion engaged in this practice even though the foundation had warned the company against receiving such information. The Government also alleged that, meanwhile, Actelion had a policy of not permitting Medicare patients to participate in its free drug program, which was open to other financially needy patients, even if those Medicare patients could not afford their copays for the Subject Drugs. Instead, to generate revenue from Medicare and induce purchases of the Subject Drugs, the government alleged that Actelion referred such Medicare patients to the foundation, which allowed the patients copays to be paid and resulted in claims to Medicare for the remaining cost.
“This settlement, like prior settlements concerning similar misconduct, makes clear that the government will hold accountable companies that pay illegal kickbacks,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “Pharmaceutical companies cannot increase drug prices while engaging in conduct designed to defeat mechanisms put in place to check such prices and then expect Medicare to pay for the ballooning costs."
“Using data from CVC that it knew it should not have, Actelion effectively set up a proprietary fund to cover the co-pays of just its own drugs,” said United States Attorney Andrew E. Lelling for the District of Massachusetts. “Such conduct not only violates the anti-kickback statute, it also undermines the Medicare program’s co-pay structure, which Congress created as a safeguard against inflated drug prices. During the period covered by today’s settlement, Actelion raised the price of its main PAH drug, Tracleer, by nearly 30 times the rate of overall inflation in the United States.”
“Today’s settlement against Actelion is a victory for the public and underscores the FBI's commitment to safeguarding the financial integrity of the Medicare program,” said Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “Simply put, the goal of the FBI's Health Care Fraud program is to ensure that patients receive the appropriate treatments and therapies according to their medical needs, without corrupt or profit-driven influence of drug manufacturers.”
“Kickback schemes can undermine our healthcare system, compromise medical decisions, and waste taxpayer dollars,” said Phillip Coyne, Special Agent in Charge, Office of the Inspector General of the Department of Health and Human Service’s Boston Regional Office. “We will continue to hold pharmaceutical companies accountable for subverting the charitable donation process in order to circumvent safeguards designed to protect the integrity of the Medicare program.”
The government’s resolution of this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The investigation was conducted by the Justice Department’s Civil Division and the U.S. Attorney’s Office for the District of Massachusetts, in conjunction with the Department of Health and Human Services, Office of Inspector General; and the Federal Bureau of Investigation.
On June 16, 2017, after the conduct alleged in today’s settlement agreement, Johnson & Johnson acquired Actelion. The claims resolved by the settlement are allegations only; there has been no determination of liability.
Dominican National Sentenced for Illegal Rentry into the United StatesRead the Press Release
St. Thomas, USVI – Victor Gonzalez Rodriquez, 35, a Dominican Republic National, was sentenced on Wednesday December 5, 2018, in district court for illegally re-entering the United States, United States Attorney Gretchen Shappert announced.
District Court Judge Curtis V. Gomez sentenced Polanco to 21 months imprisonment, three years of supervised release and a $100 special assessment.
According to court documents, on May 9, 2018, Customs and Border Protection intercepted a vessel off of St. John and after a chase discovered Rodriquez along with four other Dominican nationals attempting to enter the United States. Rodriquez was previously removed from the United States on August 17, 2017, relating to a drug trafficking offense.
This case was investigated by Homeland Security Investigations (HSI). It was prosecuted by Assistant United States Attorney Everard E. Potter.
Dominican National Convicted by Federal Jury of False Representation of Social Security NumberRead the Press Release
BOSTON - A Dominican national was convicted today by a federal jury in Boston of false representation of a Social Security number.
Erika Bautista Diaz, 30, was convicted by a federal jury of one count of false representation of a Social Security number. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Feb. 28, 2019. Bautista Diaz was arrested and charged in July 2018 during a federal sweep targeting individuals involved in various types of document, identity, and benefit fraud schemes.
During the execution of a search warrant at Bautista Diaz’s home on July 26, 2018, law enforcement found identity documents in Bautista Diaz’s true name, as well as a Social Security card and birth certificate in the name of a U.S. citizen from Puerto Rico. Bautista Diaz used the name and Social Security number of the U.S. citizen from Puerto Rico for employment in Massachusetts and to receive paychecks.
The charge provides for a sentence of no greater than five years in prison, three years of supervised release, a fine of $250,000. Bautista Diaz will be subject to deportation upon completion of her sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of the Inspector General; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigation, Boston Field Division, made the announcement today. Special Assistant U.S. Attorney Karen Burzycki and Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit are prosecuting the case.
Doctor Convicted for Illegal Distribution of over 100,000 Oxycodone PillsRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that DAVID TAYLOR, a state-licensed doctor, was convicted by a jury for writing medically unnecessary prescriptions for oxycodone over a five-year period. The verdict followed a one-week jury trial before United States District Court Judge Andrew L. Carter, Jr.
U.S. Attorney Geoffrey S. Berman said: “Dr. David Taylor violated his solemn Hippocratic oath to do no harm. For cash and gifts, Taylor prescribed more than 100,000 oxycodone pills that quickly made its way to the streets of New York City, fueling the opioid epidemic. Now, Taylor stands convicted and faces 20 years in prison for his crime.”
According to allegations in the Indictment and evidence introduced at trial:
From January 2012 through at least June 2017, in the Southern District of New York and elsewhere, TAYLOR and others conspired to distribute and possess with the intent to distribute oxycodone. During this time, TAYLOR operated out of three offices in Staten Island, New York, and prescribed more than 2.6 million 30-milligram oxycodone pills. In exchange for cash and gifts, TAYLOR wrote prescriptions for over 100,000 oxycodone pills with a street value of more than $2 million for members of the conspiracy whom TAYLOR knew had no legitimate medical need for the drug. The co-conspirators then illegally sold the oxycodone they obtained from TAYLOR on the streets.
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TAYLOR, 75, was convicted of one count of conspiring to distribute and possess with intent to distribute oxycodone, which carries a maximum sentence of 20 years in prison. TAYLOR will be sentenced by Judge Carter on April 5, 2019.
Other members of the conspiracy, including VITO GALLICCHIO, 51, NICHOLAS AVICOLLI, 54, DANIEL GARCIA, 57, LAWRENCE MONTALBANO, 52, and DON MICHAEL CARIM, 34, previously pleaded guilty to the same offense.
The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the DEA’s Tactical Diversion Squad (Group TDS-NY), which comprises agents and officers from the DEA, the New York Police Department, the New York State Police, New York State Department of Financial Services, the New York National Guard, and New York City Department of Investigation. He also acknowledged the assistance of Health and Human Services-OIG and the National Insurance Crime Bureau.
The case is being prosecuted by the Office’s Narcotics Unit. Assistant U.S. Attorneys Kiersten A. Fletcher, Justin V. Rodriguez, and Nicolas Roos are in charge of the prosecution.
District Man Pleads Guilty to Federal Firearms and Narcotics ChargesRead the Press Release
WASHINGTON – Deangelo Jenkins, 33, of Washington, D.C., has pled guilty to federal firearms and narcotics offenses stemming from an investigation in which law enforcement recovered two loaded handguns and cocaine base, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Jenkins pled guilty on Dec. 4, 2018, in the U.S. District Court for the District of Columbia to two counts of unlawful possession of a firearm and ammunition by a person convicted of a crime punishable by imprisonment for a term exceeding one year and one count of possession of cocaine basis. Under federal sentencing guidelines, Jenkins faces a likely range of 70 to 87 months in prison. The Honorable Timothy J. Kelly scheduled sentencing for Feb. 21, 2019. The Court ordered that Jenkins be held without bond pending her sentencing.
According to the government=s evidence, on Oct. 24, 2017, MPD officers observed Jenkins driving a white Infiniti that had been identified in connection with a homicide investigation. Officers made contact with Jenkins and advised him that the vehicle was being seized in reference to the pending homicide investigation. Jenkins was then asked to exit the vehicle. Jenkins, who was talking on a cellular phone at the time, did not comply. He acted nervous and failed to exit the vehicle despite being ordered to do so by officers on several occasions. An officer then reached through the driver’s side window and attempted to unlock the driver’s side door, but Jenkins re-locked the door before the officer could open it. This happened a number of times before officers could successfully get Jenkins out of the vehicle. Once he was out of the vehicle, MPD officers were able to impound it for investigative purposes.
Jenkins was not arrested at that time. The following day on Oct. 25, 2017, pursuant to a search warrant, MPD officers searched the vehicle. During the search, officers recovered a .45-caliber handgun from the center console of the vehicle. The firearm had one round of ammunition in the chamber and 10 rounds in the magazine.
Following the discovery of the gun and ammunition, an arrest warrant was issued. On Nov. 9, 2017, members of the U.S. Marshals Service observed Jenkins entering an apartment building in the 2900 block of 14th Street NW. Jenkins was arrested inside an apartment. During a search of Jenkins, officers recovered a .357-caliber revolver from his waistband area. The firearm was loaded with six rounds of ammunition in the chamber.
Jenkins was arrested and transported to a hospital after complaints of feeling ill. While at the hospital, an additional search of the defendant was conducted, and officers found a large white rock-like substance located in the right front change pocket of the defendant’s pants. The white substance was tested and determined to be cocaine base.
At the time of his arrest in this case, Jenkins was barred from possessing a firearm due to previous convictions in the District of Columbia and Prince George’s County, Md. for armed robbery, firearms and other offenses.
In announcing the plea, U.S. Attorney Liu and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department. They expressed appreciation for the assistance provided by the U.S. Marshals Service. They also commended the efforts of those who worked in the case from the U.S. Attorney’s Office for the District of Columbia, including Paralegal Specialists Jeannette Litz and Teesha Tobias, and Assistant U.S. Attorney Emory V. Cole, who prosecuted the case.
Dayton Man Convicted of Trying to Join ISISRead the Press Release
DAYTON – A federal judge has convicted a Jordanian national residing in Dayton of attempting and conspiring to join ISIS, a designated foreign terrorist organization.
U.S. District Judge Walter H. Rice returned a guilty verdict today following a bench trial that started November 13, convicting Laith Waleed Alebbini, 28, of Dayton, Ohio, of one count of attempting to provide material support and resources to ISIS, and one count of conspiring to do the same. Alebbini attempted and conspired to provide material support and resources to ISIS in the form of personnel, namely himself.
Assistant Attorney General for National Security John C. Demers, U.S. Attorney Benjamin C. Glassman for the Southern District of Ohio, Special Agent in Charge Todd Wickerham of the FBI’s Cincinnati Division and other members of the FBI’s Joint Terrorism Task Force (JTTF) announced the guilty verdict.
Alebbini was arrested by the FBI on April 26, 2017, at the Cincinnati/Kentucky International Airport, as he approached the TSA security checkpoint. Alebbini waived his right to trial by jury, and the case proceeded to trial before the Court. The evidence at trial showed that at the time of his arrest, Alebbini had a ticket and boarding passes in hand for a flight to Amman, Jordan, with a connection in Istanbul, Turkey. The evidence also showed that Alebbini intended to step off the plane once in Istanbul, forego the flight to Amman, and instead make his way from Turkey into Syria in order to join ISIS there.
According to court documents and testimony, the investigation began in January 2017, when Alebbini trespassed onto the Turkish Embassy in Washington, D.C., in an effort to speak to the Turkish Ambassador about the Syrian conflict. Security personnel apprehended and escorted Alebbini off the embassy, but no charges were brought. Two days later, Alebbini left the United States for Turkey, in a proclaimed effort to join up with forces fighting in Syria. Turkish authorities denied Alebbini entrance because he was traveling on an expired passport, and Alebbini returned to the United States. At this time, he lived in Gordonsville, Va.
Alebbini moved to Dayton, Ohio on March 1, 2017. Two weeks later, Alebbini entered a Dayton-area mosque, grabbed anti-ISIS brochures from a table, threw them in the trash and challenged mosque leaders for distributing anti-ISIS brochures.
Alebbini told relatives and others that he regularly watched ISIS-related videos on YouTube, and that Facebook had disabled his account due to his posting of ISIS material.
On April 20, 2017, during a six-hour conversation with a friend who tried to talk Alebbini out of traveling and joining ISIS, Alebbini told his friend: “I did not say the Islamic State does not cut off heads. The Islamic State is the beheader and throat cutter…I agree with you on that…, but they still treat captives well. The captive, before he is beheaded, is treated well, but when it’s time to behead him, he will be beheaded….But the Islamic State is fighting a survival war. They ask people to migrate to the State. When migrants get there…they will assign them accordingly to a…district where they will recruit them as inghimasi. I, cousin, want to go to be an inghimasi soldier.” As explained at trial, an “inghimasi soldier” is a particularly lethal type of suicide bomber – one who seeks to cause as much death and destruction as possible prior to detonation. Alebbini told a relative days later: “I am now ready to migrate.”
Alebbini also told his friend during the six-hour call that he had heard and was following the “calling” of ISIS’ self-proclaimed leader, Abu Bakr al-Baghdadi. Alebbini also stated to his friend: “I will not enter the United States of America except, God willing, as a conqueror.” When Alebbini’s friend asked how Alebbini would know “who the group you’re firing at belongs to or is affiliated with,” Alebbini responded: “This group…belongs to the Crusaders, belongs to America.” Alebbini expressed to others similar sentiments about America and Americans.
After learning of Alebbini’s arrest, Alebbini’s friend visited his nearest FBI field office to report his conversation with Alebbini and Alebbini’s intentions.
In a WhatsApp conversation on April 26, 2017, about an hour before Alebbini arrived at the Cincinnati-Northern Kentucky airport, another relative pleaded with Alebbini not to travel. Alebbini responded in three separate back-to-back messages: “Do you think I am a criminal” “I am a terrorist” “I am mujahid”.
After his arrest at the CVG airport, Alebbini told agents that ISIS is an “unbreakable” “justice state, a state of justice,” and that he and his “brethren” in the Islamic State wanted an “Islamic State of Arabia, you know, just like the United States of America…What if the founding fathers were Muslims? What about that?”
Further, Alebbini told agents the “time is already here” for “picking up the gun” and “fighting with” ISIS, stating that “his people” are being attacked by a “Crusader Coalition” of “66 nations.” Alebbini told agents and others that he would rather spend years in jail than remain in America.
Attempting to provide material support to a foreign terrorist organization, and conspiracy to do so, are each federal crimes punishable by up to 20 years in prison. Alebbini arrived in the United States in 2011 and has been a “green card” holder (lawful permanent resident) ever since. After serving his sentence, Alebbini will face deportation.
“Today the district court found Laith Alebbini guilty of attempting to join ISIS,” U.S. Attorney Glassman said, “The verdict followed a trial in open court, where the defendant had the assistance of able lawyers, and the United States proved the charges with evidence beyond a reasonable doubt. This is the American criminal justice system as envisioned by the Founding Fathers – and it is the exact opposite of the murderous regime Alebbini sought to support.”
“Terrorism continues to be a significant threat to our country,” stated Special Agent in Charge Wickerham. “The FBI and our partners on the Joint Terrorism Task Force are committed to preventing individuals from supporting terrorism.”
The JTTF includes officers and agents from the FBI, U.S. Secret Service, U.S. Immigrations and Customs Enforcement, Greene County Sheriff’s Office, Oakwood Police Department, Dayton Police Department, Cincinnati Police Department, Colerain Police Department, Ohio State Highway Patrol, University of Cincinnati Police Department, U.S. Air Force Office of Special Investigations, U.S. Internal Revenue Service, U.S. Postal Inspection Service, West Chester Police Department, and Cincinnati State Police Department.
Assistant Attorney General Demers and U.S. Attorney Glassman commended the investigation of this case by the JTTF, as well as First Assistant Vipal J. Patel, Assistant U.S. Attorney Dominick S. Gerace, and Trial Attorney Justin Sher of the Counterterrorism Section of the National Security Division of the U.S. Department of Justice, all of whom prosecuted the case through trial.
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Dallas Project Safe Neighborhood Taskforce Honored by Justice DepartmentRead the Press Release
Dallas’ Project Safe Neighborhoods Taskforce earned one of just two “Outstanding Overall Partnership” awards from the U.S. Department of Justice, U.S. Attorney for the Northern District of Texas Erin Nealy Cox announced today.
Dubbed “Operation Badge #10934” in honor of fallen Dallas Police Officer Rogelio Santander, Dallas PSN was launched in February 2018 to tackle increasing violent crime. Led by U.S. Attorney Nealy Cox and Dallas Police Chief Renee Hall, the PSN Taskforce – a coalition of federal and local law enforcement that includes FBI, ATF, DEA, and the U.S. Marshals Service – has already made more than 120 arrests inside the PSN “hotspot,” a historically crime-riddled community nestled at the intersection of Route 75 and LBJ.
Over the past eight months, the hotspot has seen a 19.9% reduction in violent crime.
“Our PSN Taskforce in Dallas is Texas-sized,” Acting Attorney General Matt Whitaker said at an awards ceremony in Kansas City, MO Thursday. “It brings together 60 people, including law enforcement officers, local government officials, local school personnel, and 15 community organizations.”
“I’m incredibly proud of the way we’ve been able to marshal resources from federal and local law enforcement to foster lasting change in a neighborhood that sorely needs our help,” said Nealy Cox. “None of this would have been possible without our law enforcement team, which includes DPD Chief Hall, FBI SAC Eric Jackson, DEA SAC Clyde Shelley, ATF SAC Jeffrey Boshek, U.S. Marshal Rick Taylor, and many others.”
“I am extremely proud of the partnership between the Dallas Police Department and U.S. Attorney’s Office with Project Safe Neighborhood,” Chief Hall said in a statement. “The work of the Dallas Project Safe Neighborhood team is making a difference and being recognized by the Department of Justice. This enforcement effort is beneficial and allows us to focus on concentrated crime areas, while engaging with the community.”
Dallas’ PSN initiative relies on a three-pronged approach combining traditional enforcement, community outreach, and recidivism reduction. Federal prosecutors have charged dozens of individuals with felony crimes, from carjacking to straw purchasing. They’ve also held nearly 50 community events to explain how residents can help keep communities safe, and hosted nearly 2,500 ex-convicts and parolees at monthly “reentry nights” outlining ramifications of re-offending and presenting a buffet of resources, from job placement programs to counseling opportunities.
The Dallas PSN Taskforce is joined in the overall partnership category by Jackson, Mississippi’s PSN team. Ten other districts were honored for individual and organizational contributions to Project Safe Neighborhoods. The Northern District of Texas’ PSN operation is managed by Coordinator P.J. Meitl. More information on Dallas PSN here.
Court of Appeals Affirms Conviction and Sentence of Rochester Man Who Was Planning Deadly Attack to Pledge His Support to ISILRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. —U. S. Attorney James P. Kennedy, Jr. announced today that the United States Court of Appeals for the Second Circuit has affirmed the conviction and sentence of Emanuel L. Lutchman.
On April 11, 2016, the defendant pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to provide material support to the Islamic State of Iraq and the Levant (ISIL). On January 26, 2017, Judge Geraci sentenced Lutchman to 20 years in prison and 50 years supervised released.
According to court documents, Lutchman posted on social media expressions of support for ISIL, including images, videos and documents relating to ISIL and violent jihad. Lutchman also downloaded and watched terrorism-related videos, including videos relating to ISIL and the now-deceased terrorist Anwar al-Awlaki. The defendant also maintained a digital collection of documents relating to terrorism and terrorist groups.
On December 25, 2015, Lutchman initiated online contact with Abu Issa Al-Amriki, an ISIL member and external attack planner in Syria, who told the defendant to plan an attack on New Year’s Eve and kill a number of kuffar (non-believers and infidels), in order to pledge his allegiance to ISIL. Al-Amriki was subsequently killed in an airstrike in Syra in 2016.
Lutchman also communicated with other individuals who, unbeknownst to the defendant, were cooperating with the FBI. In these communications, Lutchman discussed details of the New Year’s Eve attack, including potential targets. One identified target was the Merchant’s Grill, a bar/restaurant in Rochester. On December 29, 2015, Lutchman went to a store in Rochester to purchase weapons and supplies for the attack, including two black ski masks, two knives, a machete, zip-ties, duct tape, ammonia and latex gloves. The defendant told that individual that “the operation is a go,” and noted that many victims would have to be killed. On December 30, 2015, Lutchman made a video pledging allegiance to ISIL. In reference to the planned New Year’s Eve attack, the defendant stated, “the blood that you spill of the Muslim overseas we gonna spill the blood of the kuffar,” and asked Allah to “make this a victory.” Immediately thereafter, law enforcement agents arrested Lutchman.
In their decision, the Circuit Judges noted: “Lutchman’s behavior at the end of the sentencing proceeding validated the district court’s conclusion. Lutchman had maintained a pretense of remorse that was dropped after the sentence was announced. Lutchman then laughed, reaffirmed his allegiance to ISIL’s leader, and stated that more individuals like him would “rise up.” We see no error in the imposition of the statutory maximum sentence.”
The investigation was conducted by the FBI’s Rochester Joint Terrorism Task Force. On appeal, the government was represented by Assistant U.S. Attorneys Tiffany H. Lee and Brett A. Harvey.
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Convicted rapist among those indicted for firearms crimesRead the Press Release
A convicted rapist from Cleveland was indicted in federal court for having a firearm.
Kevin L. Lott, 52, was indicted on one count of being a felon in possession of a firearm.
Lott possessed a L.W. Seecamp 380 pistol on Oct. 2, despite previous convictions for aggravated burglary and rape, sexual battery and attempted robbery, according to the indictment.
In an unrelated case, Delonte Hudson, 32, of Cleveland, was indicted for being a felon in possession of a firearm. Hudson possessed a Glock 40-caliber handgun and 12 rounds of ammunition on Oct. 26 despite a previous conviction for attmpted drug trafficking, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The Lott case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Cleveland Division of Police. It is being prosecuted by Assistant U.S. Attorney James Lewis.
The Hudson case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Cleveland Division of Police and Cleveland Heights Police Department. It is being prosecuted by Assistant U.S. Attorney Brian Deckert.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.