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21 November 2018
Nashville, N.C. Man Sentenced for Drug ConspiracyRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, United States District Judge James C. Dever III sentenced MICHAEL LEE DRAKE, 52, of Nashville, North Carolina to 120 months imprisonment, followed by 8 years of supervised release.
DRAKE was named in an Indictment filed on April 19, 2018 charging him with conspiracy to distribute and possess with the intent to distribute five hundred (500) grams or more of cocaine and a quantity of cocaine base (crack). On June 18, 2018, DRAKE pled guilty to the conspiracy.
According to the investigation, beginning in 2009 through October 29, 2015, DRAKE distributed powder cocaine and cocaine base (crack) throughout Nash and Edgecombe Counties. In 2015, law enforcement made a controlled purchase of multiple ounces of cocaine from DRAKE. After observing a drug transaction at DRAKE’s home, law enforcement executed a search warrant at that home. As a result, officers found powder cocaine, cocaine base (crack), $43,000 in United States currency, and firearms and ammunition.
Investigation of this case was conducted by the Drug Enforcement Administration and Nash County Sheriff’s Office. Assistant United States Attorney Dena King represented the government.
Multiple Defendants Indicted in Transnational Drug Trafficking ConspiracyRead the Press Release
Memphis, TN – Multiple defendants have been indicted for conspiracy to distribute methamphetamine and heroin and possession with intent to distribute methamphetamine and heroin. U.S. Attorney D. Michael Dunavant announced the indictment today.
According to information presented in court, in August of 2018, during a routine traffic stop, officers in Decatur County recovered 11 pounds of methamphetamine from a driver who identified the supplier as a local Memphis man. On October 1, 2018, investigators intercepted 31 pounds of methamphetamine in possession of Jesus Vega, 33. Vega, along with the driver, Pedro Rosas-Gonzalez, 31, who transported the meth from the Chicago area were arrested.
Law enforcement identified more members of the drug trafficking organization and, on October 22, 2018, two individuals were arrested for narcotics trafficking in the Western District of Tennessee. On that morning, agents determined the location of a high-volume narcotics transaction and set up surveillance. Law enforcement observed Fatimadeniz Diaz, 36, and Steven Diaz, 26, arrive at the scene, take multiple large bags from their car, and place into another vehicle. Upon transferring the bags, the agents arrested both individuals. While searching the vehicle, DEA agents recovered 28.3 kilograms (63 pounds) of methamphetamine and 743 grams of heroin.
On October 17, 2018, Vega and Rosas-Gonzalez were indicted for conspiracy and possession with intent to distribute methamphetamine. Both Fatimadeniz Diaz and Steven Diaz were indicted on November 8, 2018, for conspiracy and possession with intent to distribute heroin and methamphetamine.
U.S. Attorney D. Michael Dunavant said, "West Tennessee is a major logistics hub for the country, and drug trafficking organizations transport large quantities into and through our communities. We must use every available resource to disrupt and dismantle these conspiracies, and hold them accountable for distributing poisonous illegal drugs that cause addiction, injury, and death. We commend the outstanding investigative work of our federal law enforcement partners in this important case involving significant seizures of dangerous narcotics."
Over the course of this ongoing investigation, the DEA has recovered over 400 pounds of methamphetamine and 5 kilograms of heroin, all either in Memphis or destined for the Memphis area.
If convicted, each defendant faces a mandatory minimum sentence of 10 years, and up to life imprisonment.
This case is being investigated by the DEA; U.S. Department of Homeland Security; ATF, and the U.S. Marshals Service.
Special Assistant U.S. Attorney Joseph Griffith is prosecuting this case on behalf of the government. This case is part of the Heroin Initiative in collaboration with the Shelby County District Attorney General’s Office.
The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
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Mountaintop Woman Charged with Firearm OffenseRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Sierra Benninger, age 24, of Mountaintop, Pennsylvania, was indicted on November 13, 2018, by a federal grand jury for making false statements when purchasing a firearm.
According to United States Attorney David J. Freed, the indictment alleges that on January 30, 2018, Benninger provided false statements to purchase a Taurus 9mm handgun, which she was prohibited from possessing as a person who used and was addicted to a controlled substance.
The case was investigated by the Federal Bureau of Investigation and the Wilkes-Barre Police Department. Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Monroeville Man Sentenced for Distributing Heroin that Caused Woman’s Overdose DeathRead the Press Release
PITTSBURGH - A resident of Monroeville, Pennsylvania, has been sentenced in federal court to 30 months’ imprisonment, followed by 3 years’ supervised release, on his conviction of distribution and possession with intent to distribute a quantity of heroin, United States Attorney Scott W. Brady announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Warren Worthy, age 21.
According to information presented to the court, on March 3, 2016, Worthy sold a bundle of heroin (10 stamp bags) to a female who used the heroin that day and overdosed. The female was taken to the hospital, where she died a few days later. An autopsy confirmed that the cause of death was heroin toxicity. The Allegheny County Police Department thereafter conducted a lengthy investigation, which confirmed that Worthy had distributed the lethal heroin to the female victim.
Assistant United States Attorney Troy Rivetti prosecuted this case on behalf of the government.
United States Attorney Brady commended the Allegheny County Police Department for the investigation leading to the successful prosecution of Worthy.
Mexico resident sentenced for illegal reentryRead the Press Release
GREAT FALLS – U.S. Attorney Kurt G. Alme announced that on Monday, Cirilo Marcial-Ramirez, a Mexico citizen from Oaxaca, was sentenced to 174 days of time served and to one year of supervised release for conviction of illegal re-entry.
District Judge Brian M. Morris presided at the hearing.
Ramirez, 34, pleaded guilty to the charge on Oct. 29.
An investigation began in September 2017 when Great Falls Police Department officers contacted Ramirez regarding a traffic accident and arrested him for traffic offenses. Ramirez gave a false name and birth date, but investigators identified Ramirez through fingerprints. Ramirez had been deported from the United States in February 2010 after being convicted of felony and misdemeanor offenses in Kansas. He did not have permission as required by statute to re-enter the United States.
Assistant U.S. Attorney Paulette Stewart prosecuted the case, which was investigated by the Great Falls Police Department and Department of Homeland Security’s Immigration and Customs Enforcement.
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Mexican Citizen Sentenced for Passport FraudRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that MARIA DEL CARMEN URIETA-LAGUNAS, age 50, of Mexico, illegally present in the United States and residing in Wake County, North Carolina, was sentenced today to 6 months imprisonment. On August 23, 2018 URIETA-LAGUNAS pled guilty to passport fraud.
According to court records, URIETA-LAGUNAS applied for a United States passport using the means of identification of a United States citizen born in Texas. Further, the investigation revealed URIETA-LAGUNAS had previously applied for a United States visa in Mexico under her real identity and was denied. Thereafter, URIETA-LAGUNAS assumed the identity of a United States citizen in order to remain undetected in the United States and travel internationally.
URIETA-LAGUNAS was sentenced in Raleigh by United States District Judge James C. Dever III, who in addition to the term of incarceration, also imposed a one-year term of supervised release with a condition to remain outside of the United States if ordered deported by immigration officials.
The case was investigated by the Department of State’s Diplomatic Security Service under the newly created framework of the Document and Benefit Fraud Task Force (DBFTF) in the Eastern District of North Carolina.
Manchester Man Pleads Guilty to Drug and Gun Charges Stemming from Hartford Car Wash ShootingRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that HECTOR ALFONSO, 37, of Manchester, pleaded guilty yesterday in New Haven federal court to drug and firearm offenses related to a shooting that occurred in Hartford’s South End in December 2016.
According to court documents and statements made in court, at approximately 10:00 p.m. on December 21, 2016, Hartford Police officers responded to a report of a person shot at a car wash located at 156 Franklin Avenue in Hartford. At the car wash, officers encountered an employee of the car wash who was suffering from two gunshot wounds. The victim was transported to the hospital where he was treated for his injuries and released.
The investigation, which has included analysis of a surveillance video, revealed that, shortly before the shooting, Alfonso and Michael Rivera arrived at the car wash to acquire a distribution quantity of heroin from Ruben Rodriguez and another individual. A dispute and subsequent struggle occurred during the transaction, and Alfonso brandished a firearm. He then shot the employee.
Alfonso was arrested on a federal criminal complaint on April 26, 2017. A search of his Manchester residence on that date revealed cocaine residue on a toilet seat, cocaine and crack cocaine residue in another part of home, and items used to process and package narcotics for street sale. He has been detained since his arrest.
Alfonso pleaded guilty to one count of conspiracy to possess with intent to distribute heroin, an offense that carries a maximum term of imprisonment of 20 years, and one count of brandishing a firearm during and in relation to a drug trafficking crime, an offense that carries a mandatory consecutive term of imprisonment of at least seven years. Alfonso is scheduled to be sentenced by U.S. District Judge Janet Bond Arterton on February 12, 2019.
Alfonso’s criminal history includes a federal conviction for possession with intent to distribute, and distribution of, cocaine base (“crack”). In June 2014, he was sentenced to 18 months of imprisonment and three years of supervised release for that offense.
Alfonso faces additional penalties for violating the conditions of his supervised release from his prior federal conviction.
Michael Rivera, 35, of Hartford, and Ruben Rodriguez, 38, of Meriden, have pleaded guilty to related charges and are detained while awaiting sentencing.
When Rodriguez was arrested on September 29, 2017, a search of his residence and vehicle revealed a loaded .40 caliber pistol, numerous rounds of ammunition, approximately 133 grams of heroin, approximately 170 grams of cocaine, and $61,909 in cash.
This matter is being investigated by the Federal Bureau of Investigation and the Hartford Police Department. The case is being prosecuted by Assistant U.S. Attorney Brian P. Leaming.
This prosecution has been brought through Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Man Who Lied About Combat Service for Second Time Sentenced to Federal PrisonRead the Press Release
Charleston, South Carolina ---- United States Attorney Sherri A. Lydon announced today that Keith R. Hudson, 71, of Charleston, South Carolina, was sentenced to six months in federal prison and six months of home confinement for receiving $197,237 in benefits from the Department of Veterans Affairs (VA) after falsely claiming to be a veteran.
Evidence presented to the court showed that Hudson falsely claimed that he was entitled to VA benefits because he was a veteran who had been in combat in Vietnam. He even went so far as to claim that he had received two Purple Hearts and a Bronze Star.
Hudson has committed the same crime in the past. In 2005, he was prosecuted in Connecticut for the falsely claiming to be a veteran in order to claim VA benefits. He was placed in pretrial diversion. He moved to Charleston, South Carolina, and in 2012 he applied to the VA in Charleston for benefits. He used the same falsified form from the Department of Defense, (a DD-214, “Report of Separation from Active Duty”) and claimed that he was in the Navy and saw combat as a medic, suffering wounds and other trauma. He claimed that he served from August 1, 1967, through October 31, 1971.
This was all a fraud. Hudson was never in the military. He never served in the United States Navy, nor did he ever see combat in Vietnam.
Hudson asked for a probationary sentence, claiming poor health and noting his age, previous bypass surgeries, and cancer. United States District Judge Richard M. Gergel denied Hudson’s motion for probation and instead sentenced him to 1 year of confinement, in a split sentence. Six months of the confinement is to be served in federal prison, and six months is to be served as home confinement. Hudson was also ordered to pay $297,237 in restitution.
U.S. Attorney Lydon emphasized the importance of this case for our country and for our community. “This is an egregious crime,” she said. “This Defendant trampled on the memory of those who have bravely served our country and suffered harm protecting us. Hudson not only stole from the taxpayers by taking benefits he did not earn, he also stole directly from veterans who served our nation and protected our freedom. Every minute of time he spent with a VA doctor or a staff member is a minute he stole from a real veteran. He took resources that the VA just cannot afford to spare. We are grateful to the Veterans Affairs Office of Inspector General for their investigative work on this case.”
Kim Lampkins, the Special Agent in Charge for the Veterans Administration Office of Investigations Criminal Investigations Division, said, "Those who defraud the VA harm all veterans. VA benefits are intended solely for those who have protected this nation’s freedoms. We investigate individuals who commit fraud against the VA and are dedicated to defending veterans who genuinely earned our support."
The case against Hudson was investigated by the VA Office of Inspector General and prosecuted by Assistant United States Attorney Sean Kittrell of the Charleston office.
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Man Pleads Guilty to Laundering Proceeds from Romance and Cyber ScamsRead the Press Release
On November 16, 2018, Peter Vincent Cruz, a resident of Washington State and Alaska, pleaded guilty to money laundering charges, stemming from his decision to launder hundreds of thousands of dollars in fraud proceeds from online romance and business email compromise (“BEC”) scams, announced U.S. Attorney Ariana Fajardo Orshan for the Southern District of Florida, Special Agent George L. Piro of the Federal Bureau of Investigation (FBI), Miami Field Office and Brian Swain, Special Agent in Charge, U.S. Secret Service (USSS), Miami Field Office.
According to documents filed with the court, from approximately June 2016 through June 2018, in Broward County, Florida, and elsewhere, Cruz knowingly and willfully agreed to participate in, and did participate in, a conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956(h). The purpose of the conspiracy was for Cruz and his co-conspirators to unlawfully enrich themselves, to hide illegal proceeds, and to further wire fraud schemes by, among other things, withdrawing, depositing, and transferring fraudulently obtained funds between federally insured credit unions, federally insured banks, and individuals, and converting the fraudulently obtained funds to cash and cryptocurrency. Cruz laundered proceeds from BEC and romance scams.
According to court documents, Cruz’s co-conspirators in Nigeria and elsewhere contacted businesses (the “business victims”) located throughout the United States, using email, social media, and other Internet-based methods of communication, and falsely and fraudulently posed as vendors seeking payment for services rendered, in order to facilitate the BEC scam. The co-conspirators, posing as vendors, used spoofed emails and email account takeover techniques to send emails falsely and fraudulently directing the business victims to make payments to various bank accounts, through wire transfers, in purported satisfaction of invoices due to the actual vendors.
The court docket further indicates that Cruz’s co-conspirators also used stolen and false identification information to create online personas, utilizing online dating applications, email, social media, and other forms of communication, in order to facilitate romance scams. The co-conspirators then pursued false and fraudulent relationships online with individual victims (the “romance scam victims” or “individual victims”), and tricked these victims into falling in love with them. Eventually, the co-conspirators would persuade these individuals to open bank accounts and shell companies; to conduct financial transactions (cash withdrawals or transfers) under false pretenses, such as to purportedly aid with medical bills or business expenses; and to send money from the victims’ personal savings, or in the form of iTunes gift cards.
At times, Cruz’s co-conspirators directed fraudulently obtained funds from the business victims into accounts established by the romance scam victims. They then directed the romance scam victims to wire the fraud proceeds on to accounts controlled by other co-conspirators, such as the defendant, Cruz. One of these victims resided in Broward County, Florida.
According to the court record, Cruz’s role in the laundering conspiracy was to convert fraud proceeds from the cyber and romance scams via wire, in United States dollars, into cryptocurrency. Cruz then provided the cryptocurrency to his co-conspirators via email, and in doing so, Cruz assisted them in further concealing their true identities, and their role in the underlying fraud schemes. Cruz met, and routinely communicated with, his co-conspirators via e-mail, over the dark web, and through online cryptocurrency exchange forums. Indeed, Cruz regularly received funds from multiple anonymous sources, and regularly sent cryptocurrency payments to anonymous counterparties.
Cruz is scheduled to be sentenced on January 25, 2018 before U.S. District Judge William P. Dimitrouleas. He faces a statutory maximum sentence of twenty years in prison. He also faces a period of supervised release of up to three years, restitution and monetary penalties.
U.S. Attorney Fajardo Orshan commended the investigatory efforts of the FBI, FBI Miami’s Cyber Task Force and USSS in this matter. This case is being prosecuted by Assistant U.S. Attorney Lisa H. Miller.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Luzerne County Man Indicted for Unlawfully Importing Controlled SubstancesRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Joseph Waschko, age 37, of Sugarloaf, Pennsylvania, was indicted by a federal grand jury on November 20, 2018, for unlawfully importing controlled substances.
According to United States Attorney David J. Freed, Waschko is charged with three counts of unlawfully importing Tramadol, which is a Schedule IV controlled substance, from India, Germany, Singapore, and Switzerland to Luzerne County, Pennsylvania. The indictment alleges that the offenses occurred on or about June 15, 2015, June 14, 2016, and June 30, 2016.
The charges against Waschko resulted from an investigation by the Drug Enforcement Administration (DEA) and the United States Postal Inspection Service. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for each charge is five years’ imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Loudon Man Pleads Guilty to Conspiracy to Distribute MethamphetamineRead the Press Release
CONCORD - Michael Bean, 33, of Loudon, New Hampshire, pleaded guilty in federal court to conspiracy to distribute methamphetamine, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, Bean and his girlfriend, Katie-Jo Waters, were members of a conspiracy in which supplier Edward Espejo, of Las Vegas, Nevada, shipped packages of nearly pure methamphetamine to New Hampshire. Bean and Waters received packages containing methamphetamine in Pembroke, New Hampshire, and distributed the drugs to New Hampshire buyers. Bean and Waters would then wire the proceeds of drugs sales to Espejo in Las Vegas to purchase additional drugs. Between January and May 2018, Bean and Waters wired a total of more than $28,000 to Espejo in Las Vegas to buy methamphetamine. On May 2, 2018, postal inspectors intercepted a package from Espejo to be delivered to Waters that contained one pound of pure methamphetamine.
Bean is scheduled to be sentenced on March 5, 2019.
Waters and Espejo previously pleaded guilty and are awaiting sentencing.
“Methamphetamine is a dangerous drug that is appearing in New Hampshire with increasing frequency” said U.S. Attorney Murray. “Because of this drug’s great potential for causing harm to our community, we will aggressively prosecute dealers. Thanks to the hard work of the law enforcement officers in this case, this substantial methamphetamine trafficking conspiracy has been dismantled.”
“The U.S. Postal Inspection Service has no interest in being the unwitting accomplice to anyone using the U.S. Mail to distribute illegal narcotics such as methamphetamine,” said U.S. Postal Inspection Service’s Inspector in Charge, Joseph W. Cronin of the Boston Division. “We will work diligently to identify and remove illegal drug shipments and their proceeds from the mail.”
This matter was investigated by the DEA and the U.S. Postal Inspection Service. The case is being prosecuted by Assistant U.S. Attorney John Davis.
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
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Local Law Enforcement Officers Honored for Commitment to Drug Abuse PreventionRead the Press Release
Three law enforcement officers from Iowa are being honored by the United States Attorney’s Offices for the Northern and Southern Districts of Iowa and the Drug Enforcement Administration (DEA) for their commitment to reducing drug abuse. The recipients of the 2018 Enrique S. Camarena Award are Special Agent Carlos Lavastida of the DEA, Lieutenant Brad Bollinger of the Sioux City Police Department, and Officer Justin Brandt of the Waterloo Police Department.
The award is named after Enrique “Kiki” Camarena, who was an 11-year veteran agent of the DEA before being kidnapped, brutally tortured and then murdered in Mexico in 1985 while working undercover gathering information and evidence about drug lords. This award is presented each year to local law enforcement officers who best exemplify the qualities and principles for which Agent Camarena gave his life—specifically, making their communities a safer place to live through outstanding drug prevention and enforcement efforts.
This year’s award recipients have gone above and beyond the call of duty in pursuit of a drug-free community:
- Special Agent Carlos Lavastida saved the lives of two young girls who were the victims of sex trafficking within a crack cocaine distribution organization. Through Special Agent Lavastida’s hard work, passion, and dedication, these young girls were provided the services they needed to help them deal with the traumatic experiences they endured at the hands of the crack cocaine traffickers. The case resulted in two consecutive life sentences and an order requiring the payment of over $700,000 in restitution.
- Lieutenant Brad Bollinger has demonstrated a lifelong dedication to fighting drug abuse and working with young people. Through his work for many years with the GREAT and DARE programs, Lieutenant Bollinger provided valuable anti-drug and anti-gang curriculum to young students in multiple schools. In his capacity leading the Department’s Youth Bureau and as the Community Policing Coordinator, Lieutenant Bollinger developed and coordinated a numerous programming activities aimed at keeping young people involved in lawful activities and away from criminal activity and drug abuse. From creating programs such as the “Books for Kids” program, to securing grants to combat opioid abuse, to serving on various boards and advisory committees focused on combatting drug, alcohol, and tobacco abuse among minors, Lieutenant Bollinger has demonstrated a robust passion for securing bright futures for young people in the community.
- Officer Justin Brandt’s leadership, passion, and vision resulted in the development of the Hail Mary Project, a program focused on providing positive social, emotional, and academic support to at‑risk students in the Waterloo community. The young men served by this program all had prior juvenile court involvement and were at high risk to continue to commit crimes and use illegal drugs. Twenty young men have already been helped by this program, and Officer Brandt has demonstrated a determination to expand the reach of the program to many more students.
Peter E. Deegan, Jr., United States Attorney for the Northern District of Iowa, stated, “Lieutenant Bollinger and Officer Brandt are both worthy recipients of the Enrique S. Camarena award. These officers are true public servants who recognize that there are certain problems that cannot be solved through criminal prosecution alone. Sioux City and Waterloo are safer due to their hard work and dedication to the young people in our state.”Southern District United States Attorney Marc Krickbaum added, “Special Agent Lavastida is most deserving of this prestigious honor. Through his tireless efforts, he positively impacted the lives of two young girls and helped ensure that a dangerous criminal would never terrorize the community again. The Southern District of Iowa appreciates Special Agent Lavastida’s commitment to assisting crime victims.”
“The Enrique S. Camarena award is given each year to law enforcement professionals who personify the strong character and values of our fallen colleague,” Darin Thimmesch, Acting Special Agent in Charge of the DEA Omaha Division said. “These three individuals truly represent the best of Special Agent Camarena with their passion, commitment and generosity continuously on display in their work and home life. It is an honor to recognize these men for their outstanding investigative efforts that have aided in disrupting the illegal activities of drug trafficking organizations from in and around Iowa.”
The Enrique S. Camarena Award is awarded each year during Red Ribbon Week. Red Ribbon Week, observed this year from October 23-31, is an alcohol, tobacco, and drug prevention awareness campaign observed annually in the United States and was established in Agent Camarena’s memory.
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- Special Agent Carlos Lavastida saved the lives of two young girls who were the victims of sex trafficking within a crack cocaine distribution organization. Through Special Agent Lavastida’s hard work, passion, and dedication, these young girls were provided the services they needed to help them deal with the traumatic experiences they endured at the hands of the crack cocaine traffickers. The case resulted in two consecutive life sentences and an order requiring the payment of over $700,000 in restitution.
Lafayette man sentenced to more than 7 years in prison for distributing heroin in AcadianaRead the Press Release
ALEXANDRIA, La. – United States Attorney David C. Joseph announced that a Lafayette man was sentenced Tuesday to seven years in prison for conspiring with three others to sell heroin.
Terrence T. Woods, 33, of Lafayette, Louisiana, was sentenced by U.S. District Judge Dee D. Drell on one count of conspiracy to distribute and possess with intent to distribute controlled substances. He was also sentenced to four years of supervised release. According to the September 20, 2017 guilty plea, Woods conspired to distribute heroin in the Acadiana area in 2016 and 2017, along with his co-conspirators, Joshua Edwards, 32, of Breaux Bridge, Louisiana; Jacobe Arceneaux, 34, and Robert Jenkins, 36, both of Lafayette, Louisiana.
Edwards was found guilty after a three-day trial that ended August 1, 2018 on the conspiracy charge and was sentenced October 31, 2018 to 10 years in prison and eight years of supervised release. Arceneaux pleaded guilty on July 13, 2017 to distributing heroin and was sentenced October 9, 2018 to 80 months in prison and four years of supervised release. Jenkins pleaded guilty on January 11, 2018 to distributing heroin, and he was sentenced on May 8, 2018 to 90 months in prison and four years of supervised release.
The defendants were arrested as part of the Organized Crime Drug Enforcement Task Force (OCDETF) “Operation Toxic Mix.” The FBI, DEA, Lafayette Metro Narcotics and other law enforcement agencies conducted the investigation. The OCDETF program is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for targeting national and regional level drug trafficking organizations, coordinating the necessary law enforcement entities and resources, and disrupting and dismantling of major drug trafficking organizations.
Assistant U.S. Attorneys Robert C. Abendroth and Daniel J. McCoy prosecuted the case.
Kyle Man Sentenced for Making a False StatementRead the Press Release
United States Attorney Ron Parsons announced that a Kyle, South Dakota, man convicted of False Statement was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Robert Wayne Old Horse, age 50, was sentenced on November 16, 2018, to 16 months in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund and restitution in an amount to be determined.
Old Horse was charged on April 17, 2018. The conviction stems from Old Horse reporting a false allegation of sexual contact against him by a physician working at Indian Health Services in Kyle. Old Horse later admitted the allegation was entirely false.
The investigation was conducted by the Office of Inspector General, Health and Human Services. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Old Horse was immediately remanded to the custody of the U.S. Marshals Service.
Justice Department Obtains $11.3 Million Settlement of Disability-Based Housing Discrimination Lawsuit in District of ColumbiaRead the Press Release
The Justice Department today announced that it has settled a Fair Housing Act and Americans with Disabilities Act lawsuit against Defendants Mid-America Apartment Communities, Inc. and Mid-America Apartments, L.P. for $11.3 million to resolve allegations that these property owners failed to build 50 apartment complexes in six states and the District of Columbia with accessible features for persons with disabilities.
Under the agreement, the defendants must spend $8.7 million to retrofit 36 properties that they currently own. This amount is in addition to $2.4 million in retrofits that had been made to many of the properties after the United States brought suit. The defendants must also pay $175,000 to compensate victims and up to $25,000 for accessibility retrofits at 14 properties they no longer own. The defendants also agreed to undergo training, to construct any new multifamily housing in accordance with the Fair Housing Act and Americans with Disabilities Act, and to provide periodic reports to the Justice Department.
“The Justice Department is committed to ensuring that new multifamily housing is built with the accessible features that are required by law,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “This comprehensive settlement will ensure that equal housing opportunities are afforded to persons with disabilities.”
“The Fair Housing Act and Americans with Disabilities Act ensure that persons with disabilities have access to housing, leasing offices, and related amenities,” said U.S. Attorney Jessie K. Liu for the District of Columbia. “The U.S. Attorney’s Office is committed to vigorously pursuing enforcement of the rights guaranteed by these laws. This settlement is an example of that commitment in the District of Columbia and elsewhere and serves to promote equal access to multi-family housing for persons with disabilities.”
The Fair Housing Act requires that multifamily housing constructed for first occupancy after Mar. 13, 1991, have basic accessible features; the Americans with Disabilities Act requires that places of public accommodations, such as rental offices, at multifamily housing built for first occupancy after Jan. 26, 1993, have accessible features.
As alleged in the government’s complaint, the defendants built the properties at issue with significant barriers that inhibited access to the units and the associated public and common-use areas. These barriers include routes to building entrances with steps and excessive slopes, units with electrical outlets and thermostats that are beyond the reach of persons who use wheelchairs, and kitchens and bathrooms with insufficient space for persons who use wheelchairs to maneuver. The government filed the lawsuit in 2010 against Post Properties, Inc., Post Apartment Homes, L.P., and Post GP Holdings, Inc., which merged with the defendants in 2016.
The FHA prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they may have been victims of housing discrimination may call the Justice Department’s Housing Discrimination Tip Line at 1-800-896-7743, e-mail the Justice Department at [email protected], or contact the Department of Housing and Urban Development at 1-800-669-9777.
Justice Department Obtains $11.3 Million Settlement of Disability-Based Housing Discrimination Lawsuit in District of ColumbiaRead the Press Release
WASHINGTON – The Justice Department today announced that it has settled a Fair Housing Act and Americans with Disabilities Act lawsuit against Defendants Mid-America Apartment Communities, Inc. and Mid-America Apartments, L.P. for $11.3 million to resolve allegations that these property owners failed to build 50 apartment complexes in six states and the District of Columbia with accessible features for persons with disabilities.
Under the agreement, the defendants must spend $8.7 million to retrofit 36 properties that they currently own. This amount is in addition to $2.4 million in retrofits that had been made to many of the properties after the United States brought suit. The defendants must also pay $175,000 to compensate victims and up to $25,000 for accessibility retrofits at 14 properties they no longer own. The defendants also agreed to undergo training, to construct any new multifamily housing in accordance with the Fair Housing Act and Americans with Disabilities Act, and to provide periodic reports to the Justice Department.
“The Justice Department is committed to ensuring that new multifamily housing is built with the accessible features that are required by law,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “This comprehensive settlement will ensure that equal housing opportunities are afforded to persons with disabilities.”
“The Fair Housing Act and Americans with Disabilities Act ensure that persons with disabilities have access to housing, leasing offices, and related amenities,” said U.S. Attorney Jessie K. Liu for the District of Columbia. “The U.S. Attorney’s Office is committed to vigorously pursuing enforcement of the rights guaranteed by these laws. This settlement is an example of that commitment in the District of Columbia and elsewhere and serves to promote equal access to multi-family housing for persons with disabilities.”
The Fair Housing Act requires that multifamily housing constructed for first occupancy after Mar. 13, 1991, have basic accessible features; the Americans with Disabilities Act requires that places of public accommodations, such as rental offices, at multifamily housing built for first occupancy after Jan. 26, 1993, have accessible features.
As alleged in the government’s complaint, the defendants built the properties at issue with significant barriers that inhibited access to the units and the associated public and common-use areas. These barriers include routes to building entrances with steps and excessive slopes, units with electrical outlets and thermostats that are beyond the reach of persons who use wheelchairs, and kitchens and bathrooms with insufficient space for persons who use wheelchairs to maneuver. The government filed the lawsuit in 2010 against Post Properties, Inc., Post Apartment Homes, L.P., and Post GP Holdings, Inc., which merged with the defendants in 2016.
The FHA prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt.
Individuals who believe that they may have been victims of housing discrimination may call the Justice Department’s Housing Discrimination Tip Line at 1-800-896-7743, e-mail the Justice Department at [email protected], or contact the Department of Housing and Urban Development at 1-800-669-9777.
Justice Department Files Statement of Interest in First Amendment CaseRead the Press Release
WASHINGTON – The Justice Department today filed a Statement of Interest in U.S. District Court in South Carolina supporting a church’s claim that the Town of Edisto Beach violated its rights under the First Amendment when the town barred it from renting space at the Town’s Civic Center.
“The Constitution protects the right of individuals and groups to exercise their religion without discrimination because of their religion,” said Acting Attorney General Matthew Whitaker. “The First Amendment requires that religious individuals and groups have the same opportunity to rent public facilities as other members of the community. The Department of Justice is committed to protecting the First Amendment rights of Americans, including fostering the religious expression of members of all faiths.”
The case, Redeemer Fellowship of Edisto Island v. Town of Edisto Beach, involves a small Christian congregation that sought to rent space for Sunday worship in the Civic Center, which is available for rental by community groups to hold events and activities. The town responded by enacting a policy barring worship services at the Civic Center, citing separation of church and state concerns. The town claimed that it wanted to avoid appearing as though they endorsed a religious group. As a result, the church filed a First Amendment lawsuit to allow it to rent space at the facility.
The Constitution requires that churches be allowed to rent facilities on an equal basis with other community groups. The Supreme Court held in the landmark case of Widmar v. Vincent (1981), that a university could not “discriminate against student groups and speakers based on their desire to use a generally open forum to engage in religious worship and discussion.” The United States’ Statement of Interest argues that allowing equal access to all groups, including the church, is required by the First Amendment. Allowing equal access, the United States argues, ensures the government neutrality toward religious expression that the Constitution requires.
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Justice Department Awards $56 Million to Support Law Enforcement Health and SafetyRead the Press Release
Acting Attorney General Matthew Whitaker today announced awards of over $56 million in grant funding awarded last month through the Department of Justice’s Office of Justice Programs (OJP) to enhance state, local, and tribal law enforcement safety and wellness. OJP’s Bureau of Justice Assistance and National Institute of Justice awarded grants to law enforcement departments, local jurisdictions, and training, technical assistance and research organizations throughout the United States. The funds will be used to provide services designed to protect officers and improve overall public safety. Acting Attorney General Whitaker announced the grants today during remarks to the Joint Terrorism Task Force in New York City.
"In the Trump administration, we back the blue," Acting Attorney General Whitaker said. "One of President Trump's first Executive Orders was to tell this Department to enhance the safety of America's law enforcement officers--and that is exactly what these grants will do. We are providing them with bulletproof vests, body-worn cameras, training, and health and safety research. These grants awarded last month are helping us to take care of the men and women in blue--because they take care of us every day."
“America’s law enforcement officers often risk life and limb to safeguard our communities, and the stressors of their jobs can cause a heavy emotional toll,” said OJP’s Principal Deputy Assistant Attorney General Matt M. Dummermuth. “In fact, law enforcement officers have high rates of on-the-job injury, psychological illness, and suicide. These awards will provide crucial resources and training to help protect the physical and mental health of those who are dedicated to protecting the safety of our communities.”
The FBI’s official crime data for 2017 reflects that, after two consecutive, historic increases in violent crime, in the first year of the Trump Administration the nationwide violent crime rate began to decline. Despite this decline, violent attacks on police officers are on the rise. More than 60,000 line-of-duty assaults were committed against officers in 2017, a five percent increase from 2016, according to the FBI.
The Department of Justice is committed to ensuring officer safety. Over the past year, the Department has partnered with all levels of law enforcement, local organizations, and members of the community to reduce violent crime and make American neighborhoods safer, including the invigoration of Project Safe Neighborhoods and announcement of $30 million to help combat violent crime. Recently, the Department hosted a law enforcement roundtable and announced funds and technical assistance resources to help law enforcement investigate and prosecute hate crimes, and announced a new active shooter training grant to provide multi-disciplinary, scenario-based active shooter training to help better protect and equip first responders across the country.
More than $29.8 million will reimburse jurisdictions for up to 50 percent of the cost of body armor vests purchased for law enforcement officers; $12 million will support law enforcement safety and wellness programs, research and services; and $12.2 million will support the implementation of law enforcement agencies’ body-worn camera programs.
In addition, over $2 million is addressing safety, health and wellness priorities through research and evaluation. These investments include the development of ballistic vests, studies of in-vehicle safety, and the evaluation of less-lethal technologies to increase police and public safety.
For a complete list of individual grant programs, amounts awarded, and the jurisdictions that will receive funding, visit https://go.usa.gov/xPUfH. Additional information about Fiscal Year 2018 OJP grant awards can be found online at https://go.usa.gov/xnqk5.
The Office of Justice Programs, led by Principal Deputy Assistant Attorney General Matt M. Dummermuth, provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice and assist victims. OJP has six bureaus and offices: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking. More information about OJP and its components can be found at: www.ojp.gov.
Information: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned today before U.S. Magistrate Judge Timothy J. Cavan in Billings. Indictments handed down by the Grand Jury were unsealed. Indictments are merely accusations and defendants are presumed innocent until proven guilty.
CHARLES EUGENE VENDITTI, 41, of Billings, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute meth and distribution of meth. If convicted of the most serious charge, the defendant faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years supervised release. The case was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force. Pacer case reference. 18-147
DAVID CHARLES SPENCER, 45, of Billings, appeared on charges of possession with intent to distribute meth, distribution of meth, use of a firearm during and in relation to a drug trafficking offense, prohibited person in possession of a firearm and possession of a firearm in a school zone. If convicted of the most serious drug charge, the defendant faces a maximum 20 years in prison, a $1 million fine and three years supervised release. If convicted of the most serious firearms charge, the defendant faces a minimum mandatory 10 years in prison, consecutive to any other sentence, a $250,000 fine and three years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 18-144
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Information: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned before U.S. magistrate judges this week. Indictments handed down by the Grand Jury were unsealed. Indictments are merely accusations and defendants are presumed innocent until proven guilty:
Appearing before U.S. Magistrate Judge Timothy J. Cavan in Billings on Nov. 20 and entering Not Guilty pleas were:
ARLYN JUAN CASTRO, 35, of the Northern Cheyenne Reservation, appeared on charges of failing to register as a sex offender. If convicted of the most serious charge, the defendant faces a maximum 10 years in prison and a $250,000 fine. The case was investigated by the U.S. Marshal’s Service. Pacer case reference. 18-133
EUGENE MAJOR BIGBACK, JR., 59, of the Northern Cheyenne Reservation, appeared on charges of failing to register as a sex offender. If convicted of the most serious charge, the defendant faces a maximum 10 years in prison and a $250,000 fine. The case was investigated by the U.S. Marshal’s Service. Pacer case reference. 18-132
RENIE RAYMOND JOSEPH FILLION, 34, of Livingston, appeared on charges of distribution of methamphetamine, receipt of a firearm while under indictment and possession of an unregistered firearm. If convicted of the most serious charge, the defendant faces a minimum mandatory five years to 40 years in prison and a $5 million fine. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 18-134
FRANCISCO MORALES, 44, of Lubbock, Texas, appeared on charges of conspiracy to possess methamphetamine for distribution and possession of meth for distribution. If convicted of the most serious charge, the defendant faces a minimum mandatory 10 years to life in prison and a $10 million fine. The case was investigated by the Drug Enforcement Administration. Pacer case reference. 18-139
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Illegal Alien Who Used Another Person’s Social Security Number Sentenced to PrisonRead the Press Release
A man who used another person’s Social Security number to get a job was sentenced November 20, 2018, to more than six months in federal prison.
Jeremias Sanchez-Velasco, age 26, a citizen of Guatemala illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after an August 23, 2018, guilty plea to one count of misuse of a social security number.
In a plea agreement, Sanchez-Velasco admitted that on October 30, 2014, he used someone else’s social security number on employment and tax documents when applying for work in Hiawatha, Iowa. He also used a fraudulent permanent resident card, also known as a “green card,” when he completed the employment forms. The Alien Registration number on the “green card” had been issued to another person.
Sanchez-Velasco came to the attention of immigration officials when he used the social security number in attempt to title a vehicle in Linn County, Iowa. Sanchez-Velasco was arrested at the Linn County Treasurer’s Office in April 2018 after a clerk discovered that the social security number did not belong to Sanchez-Velasco.
Sanchez-Velasco was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Sanchez-Velasco was sentenced to 195 days’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Sanchez-Velasco is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations, and the Iowa Department of Transportation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-54-LRR.
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Illegal Alien Pleads Guilty to Unlawfully Entering the U.S. for Third TimeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon announced today that Elder Jose Cruz-Arteaga, 45, a citizen of Honduras, pled guilty in federal court to illegally re-entering the United States after having been deported.
Evidence presented to the court showed that Cruz was encountered by Immigration and Customs Enforcement (ICE)- Enforcement Removal Operations (ERO) agents on July 22, 2018, while he was incarcerated at the Alvin S. Glenn Detention Center in Columbia on unrelated charges. In 2002, Cruz was convicted of Felony Possession of a Controlled Substance (heroin) in Colorado, then deported. He reentered the United States, and in 2004 he was convicted of Felony Possession/Purchase for Sale Narcotics (cocaine) in California and deported again.
Cruz faces a maximum penalty of 20 years in federal prison. Chief United States District Judge Terry L. Wooten accepted the guilty plea and will sentence Cruz after receiving and reviewing a presentence report prepared by the United States Probation Office.
The case was investigated by agents of ICE-ERO, which is a part of the Department of Homeland Security. Assistant United States Attorney William E. Day, II, of the Columbia office is prosecuting the case.
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INTERPOL Washington Leads U.S. Delegation to the 87th INTERPOL General AssemblyRead the Press Release
The Director of INTERPOL Washington—the U.S. National Central Bureau—served as the U.S. Head of Delegation to the 87th INTERPOL General Assembly held November 18-21, 2018, in Dubai, United Arab Emirates. Deputy Attorney General Rod Rosenstein also attended a portion of the gathering. Director Wayne H. Salzgaber led the U.S. team composed of representatives from the Departments of Justice, Homeland Security, State, and Defense, as well as leaders in U.S. State and local law enforcement.
The theme of this year’s gathering is policing in the information age, with sessions addressing how technology will change future threats and how technology can be used by law enforcement to meet these challenges. On the first day of the assembly, Rosenstein amplified the cyber theme of the meeting during prepared remarks presented to the group of international law enforcement officials. He challenged international law enforcement to balance fighting the rise of cybercrime with maintaining the rule of law. “When our successors speak of our time here, give them reason to say that we understood the challenges; we found the solutions; we defended our principles, and we stayed the course to support liberty and justice for all,” he said.
Over the four days, delegates will be updated on counterterrorism, cybercrime, and organized and emerging crime. The General Assembly is composed of delegates appointed by the governments of member countries. As INTERPOL’s supreme governing body, it meets once a year and takes all the major decisions affecting general policy, the resources needed for international cooperation, working methods, finances and programs of activities. The General Assembly also approves new members and elects its Executive Committee, among other matters.
During this assembly, the countries of Kiribati and Vanuatu were approved for membership; while a bid by Kosovo to join was rejected. On the last day, the Assembly elected Kim Yong Yang of the Republic of Korea to serve as INTERPOL president until 2020. Each member country represented has one vote. More than 170 of INTERPOL’s 194 member countries attended the meeting.
A component of the U.S. Department of Justice, INTERPOL Washington is co-managed by the U.S. Department of Homeland Security. As the designated representative to INTERPOL on behalf of the Attorney General, INTERPOL Washington serves as the national point of contact for all INTERPOL matters, coordinating international investigative efforts among member countries and the more than 18,000 local, state, federal, and tribal law enforcement agencies in the United States.
INTERPOL Washington Director Wayne Salzgaber (left) and Deputy Director Michael Hughes attended the 87th INTERPOL General Assembly.Hutchinson Man Sentenced to 7+ Years for Downloading Child PornRead the Press Release
WICHITA, KAN. – A Hutchinson man was sentenced Tuesday to 90 months in federal prison for downloading child pornography from the internet, U.S. Attorney Stephen McAllister said.
Shane Ragsdale, 31, Hutchinson, Kan., pleaded guilty to one count of receiving child pornography. In his plea, he admitted he used a peer-to-peer file-sharing network to download child pornography.
McAllister commended the FBI and Assistant U.S. Attorney Jason Hart for their work on the case.
Husband and Wife Sentenced to Federal Prison for Selling HeroinRead the Press Release
A married couple who worked together to sell heroin on a daily basis were each sentenced on November 19, 2018, to federal prison terms.
Dino Harrington, age 32, received a sentence of over fifteen years in prison following his May 14, 2018, guilty plea to distribution of heroin within 1,000 feet of a protected location. His wife, Tiffany Youngblood, age 40, received a sentence of over three years in prison following her June 19, 2018, guilty plea to possession with intent to distribute heroin and fentanyl.
In plea agreements, Harrington and Youngblood admitted that, in early March 2018, they sold heroin to an individual at a gas station in Cedar Rapids. Harrington met the individual in the gas station’s restroom, while Youngblood waited outside. Law enforcement stopped Harrington and Youngblood after the sale and Youngblood had a heroin and fentanyl mixture. Harrington and Youngblood both admitted that they intended to sell the heroin and fentanyl mixture. Officers found a loaded handgun in Youngblood’s purse.
According to sentencing documents and information disclosed at the sentencing hearings, Harrington and Youngblood started selling heroin in the Cedar Rapids area in approximately February 2017, and continued to do so until their arrests in March 2018. Harrington had multiple prior drug felony convictions. Youngblood had no prior criminal record.
Harrington and Youngblood were each sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Harrington was sentenced to 188 months’ imprisonment and Youngblood was sentenced to 41 months’ imprisonment. Harrington must also serve a six-year term of supervised release after his prison term, while Youngblood is required to serve a three-year term of supervised release. There is no parole in the federal system.
Harrington and Youngblood are both being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice by the Drug Enforcement Administration (DEA) Task Force, consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-28.
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Hattiesburg Man Gets 96 Months for Conspiracy to Possess with Intent to Distribute Heroin and Possession of a Firearm in Furtherance of Drug TraffickingRead the Press Release
Gulfport, Miss – William Russell Oswalt, 29, of Hattiesburg, was sentenced yesterday by U.S. District Judge Keith Starrett to a total of 96 months in prison, followed by 3 years of supervised release, on firearm and drug trafficking charges, announced U.S. Attorney Mike Hurst, Special Agent in Charge Dana Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Assistant Special Agent in Charge Derryle Smith with the Drug Enforcement Administration (DEA).
Oswalt was sentenced to 60 months for possession of a firearm in furtherance of drug trafficking, and 36 months for conspiracy to possess with intent to distribute heroin. He was also ordered to pay $5,000 fine on each charge, for a total of $10,000.
On January 4, 2016, officers with the 12th Circuit Court Narcotics Enforcement Team made an undercover purchase of heroin from Oswalt. On January 17, 2017, officers executed an arrest warrant on Oswalt at a Hattiesburg hotel finding him in possession of marijuana, methamphetamine, digital scales, numerous pills and a loaded firearm. Working with the officers from the Narcotics Enforcement Team, DEA and ATF agents learned that Oswalt had been distributing heroin in the Hattiesburg area since 2013.
The 12th Circuit Court Narcotics Enforcement Team, the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. It was prosecuted by Assistant United States Attorney Annette Williams.
Guatemalan Man Sentenced to Prison for Illegally Reentering the United StatesRead the Press Release
A Guatemalan man who illegally returned to the United States after being deported was sentenced November 20, 2018, to four months in federal prison.
Jorvic Mendez-Mendez, age 26, a citizen of Guatemala illegally present in the United States and residing in Webster City, Iowa, received the prison term after an August 23, 2018, guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Mendez-Mendez admitted he had previously been deported from the United States in April 2012 and illegally reentered the United States without the permission of the United States government. Mendez-Mendez was found by immigration agents in July 2018 after Mendez-Mendez was charged in Franklin County, Iowa with driving while barred. Mendez-Mendez admitted he illegally returned to the United States in 2014.
Mendez-Mendez was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Mendez-Mendez was sentenced to 121 days’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Mendez-Mendez is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-3031-LTS. Follow us on Twitter @USAO_NDIA.
Grape Street Crips Member Arrested for Attempted Murder in Aid of Racketeering and RICO ConspiracyRead the Press Release
NEWARK, N.J. – A member of the New Jersey Grape Street Crips who was arrested earlier this week in Durham, North Carolina, on charges that include RICO conspiracy, attempted murder, and conspiracy to commit murder had his initial appearance in federal court today, U.S. Attorney Craig Carpenito announced.
Ramon Morales, a/k/a “Ray Rizzo,” a/k/a “Rizzo,” a/k/a “Rizzolini,” 33, of Newark, was charged in a six-count indictment with RICO conspiracy, attempted murder in aid of racketeering, conspiracy to commit murder in aid of racketeering, using a firearm during a crime of violence, and conspiracy to distribute one kilogram or more of heroin. Morales had his initial appearance today before U.S. Magistrate Judge Joe L. Webster in Durham federal court and was detained without bail.
According to documents filed in this and other cases and statements made in court:
Morales, allegedly a longtime member of the New Jersey Grape Street Crips, attempted to murder Almalik Anderson, a rival of the Grape Street Crips’ leader Corey Hamlet. In 2013, on Hamlet’s orders, Grape Street Crips gang members repeatedly shot and nearly killed Anderson and a woman who was in Anderson’s car. After learning that Anderson had survived the attempted murder and had been responsible for murdering one of their fellow gang members in retaliation for his shooting, Morales and another conspirator met with Hamlet at the Pennington Court public housing complex in Newark. Hamlet told Morales and other gang members that they had the green light to “even the scoreboard,” as told in a contemporaneous letter. Morales and another conspirator then armed themselves and drove around Newark to find Anderson, but were unsuccessful.
Morales also participated in a meeting during which Hamlet ordered another gang member to murder Anwar West, a fellow Grape Street Crips member whom Hamlet perceived had been disloyal by attempting to end the feud between Hamlet and Anderson.
Morales was also involved in the distribution of one kilogram or more of heroin, as well as in transporting firearms from the Durham, North Carolina, area to Newark. On Oct. 30, 2013, law enforcement officers in Maryland stopped a vehicle – driven by a Grape Street Crips member and rented in Morales’ name – that contained three assault rifles and dozens of rounds of ammunition.
More than 70 members and associates of the Grape Street Crips have been charged and convicted since the start of a coordinated federal investigation in the gang’s violent and drug-trafficking activities in 2013.
Morales faces a sentence of up to life for the RICO conspiracy, a sentence of up to life with a 10-year mandatory minimum for conspiracy to distribute heroin, and a sentence of up to life plus a five-year mandatory minimum for using a firearm in furtherance of a crime of violence. Morales also faces a sentence of up to 10 years for the conspiracy and attempt to commit murder in aid of racketeering.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, and special agents of the DEA, under the direction of Special Agent in Charge Valerie A. Nickerson with the investigation leading to Morales’ arrest. He also thanked the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Theodore N. Stephens II, police officers and detectives of the Newark Police Department, under the direction of Public Safety Director Anthony F. Ambrose, and the Essex County Sheriff’s Office, under the direction of Armando B. Fontoura, for their assistance.
The government is represented by Assistant U.S. Attorney Osmar J. Benvenuto, Chief of the Organized Crime and Gangs Unit, and Assistant U.S. Attorney Richard J. Ramsay of the Appeals Division in Newark.
This case was conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF) and the FBI’s Safe Streets Task Force, a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations and those primarily responsible for the nation’s illegal drug supply.
Government Contractors Found Guilty in $11 Million Veteran Set-Aside Fraud SchemeRead the Press Release
NEWS RELEASE SUMMARY – November 21, 2018
SAN DIEGO, CA – A federal jury today convicted Andrew Otero and his company, A&D General Contracting, Inc. (“A&D”), on charges that they fraudulently obtained $11 million in federal contracts specifically set aside for service-disabled veteran-owned businesses.
The evidence demonstrated that Otero had no military experience. Yet Otero (on behalf of A&D) and veteran Roger Ramsey (on behalf of Action) participated in a conspiracy to defraud the government by forming a joint venture (“the JV”) – and falsely representing that Action and the JV qualified as service-disabled veteran-owned small businesses (“SDVOSB”). Based on the false claim to SDVOSB eligibility, the conspirators fraudulently obtained approximately $11 million in federal government construction contracts or task orders with the Department of Veterans Affairs (“VA”) and the Army Corps of Engineers (“ACE”).
As proven at trial, the fraudulent conspiracy involved set-aside contracts that could only be bid upon by legitimate service-disabled veteran-owned small businesses – a designation that did not apply to Otero or A&D. To appear qualified, Otero and Ramsey initially executed an agreement to create the JV (“the JV Agreement”), which stated that Ramsey’s company (Action) would be the managing venturer, employ a project manager for each of the set-aside contracts, and receive the majority of the JV’s profits.
However, as proved at trial, six months later, Otero and Ramsey signed a secret side agreement that made clear the JV was ineligible under the SDVOSB program. For example, the side agreement said the parties created the JV so that A&D could simply “use the Disabled Veteran Status of Action Telecom” to bid on contracts. The side agreement also stated that A&D – not Action – would run the construction jobs. They also agreed that “A&D will keep 98% of every payment; Action Telecom will receive 2% of every payment.”
In addition to the secret side agreement, the evidence demonstrated several ways in which the JV did not operate as a legitimate SDVOSB, but was essentially controlled by Otero and A&D. For example, although Ramsey (a service-disabled veteran) nominally served as president of Action and the JV, he actually worked full-time for another telecommunications company. Otero and A&D, not Ramsey, controlled the day-to-day management, daily operation and long-term decision making of the JV. Among other things, Otero and A&D appointed an A&D employee as the project manager for every contract and task order.
“Our nation strives to repay the debt of gratitude we owe to our veterans by setting aside some government contracts for veterans with service-related disabilities,” said United States Attorney Adam Braverman. “These unscrupulous contractors abused this program through a cynical and illegal ‘rent-a-vet’ scheme. They are now being held fully accountable for robbing truly deserving vets of important economic opportunities.”
All four defendants are also facing civil charges in United States v. Otero, et al., Case No. 15CV0441-JAH, a case alleging violations of the false claims act based on the similar misconduct.
The defendants were ordered to appear before U.S. District Judge John Houston for sentencing on February 19, 2019 at 10:30 a.m.
This case is being prosecuted by Assistant United States Attorneys Rebecca Kanter and Aaron Arnzen.
CORPORATE DEFENDANTS
A&D General Contracting, Inc., Santee, California
INDIVIDUAL DEFENDANTS
Andrew Otero El Cajon, CA
Criminal Case No. 17CR0879-BEN
SUMMARY OF CHARGES
Count 1: Conspiracy to defraud and commit offenses (18 U.S.C. § 371)
Maximum penalties: 5 years’ imprisonment; 3 years’ supervised release; a fine of $250,000 or twice the gross gain or gross loss resulting from the offense, whichever is greatest; and a mandatory special assessment of $10
Count 2-4: Major fraud against the United States (18 U.S.C. § 1031)
Maximum penalties: 10years’ imprisonment; supervised release; a fine of $1,000,000 per count ($5,000,000 total); and a mandatory special assessment of $100
Counts 5-7: Wire fraud (18 U.S.C. § 1343)
Maximum penalties: 20 years’ imprisonment; a fine of $250,000 or twice the gross gain or gross loss resulting from the offense, whichever is greatest; and a mandatory special assessment of $100
10, 14: False statements (18 U.S.C. § 1001)
Maximum penalties: 5 years’ imprisonment; a fine; and a mandatory special assessment of $100
AGENCIES
Department of Veterans Affairs, Office of Inspector General
Georgetown Man Gets Seven Years for Federal Gun CrimeRead the Press Release
Charleston, South Carolina---- United States Attorney Sherri A. Lydon announced today that Dewayne Hasan Davis, 29, of Georgetown, South Carolina, was sentenced to seven years in federal prison for being a felon in possession of a firearm and ammunition.
Evidence presented to the court showed that on January 9, 2018, Georgetown City Police arrested Davis on outstanding state warrants. A search of Davis—who was on probation at the time of his arrest—revealed a bag of heroin and a loaded .44 Magnum revolver that had recently been reported stolen. Federal law prohibits Davis from possessing firearms and ammunitions because of his numerous prior felony convictions, including for pointing and presenting a firearm at a person and distribution of cocaine.
United States District Judge Richard M. Gergel accepted Davis’ guilty plea and sentenced him to 84 months in federal prison, to be followed by 3 years of court-ordered supervision. There is no parole in the federal system.
The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Georgetown City Police. It was prosecuted as part of the joint federal, state, and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, the Attorney General announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. Assistant United States Attorney Chris Schoen of the Charleston office prosecuted the case.
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Former U.S. Postal Service Letter Carrier Sentenced to Four Years in Federal Prison for A Drug ConspiracyRead the Press Release
Greenbelt, Maryland – U.S. District Judge George J. Hazel sentenced former U.S. Postal Service (USPS) letter carrier James Thomas Woodland, age 49, of Temple Hills, Maryland, to four years in prison, followed by three years of supervised release, for conspiracy to distribute and possess with intent to distribute more than five kilograms of cocaine. The sentence was imposed on November 19, 2018.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Postal Inspector in Charge Peter R. Rendina of the U.S. Postal Inspection Service (USPIS) - Washington Division; Special Agent in Charge Paul L. Bowman of the U.S. Postal Service, Office of Inspector General; and Chief J. Thomas Manger of the Montgomery County Police Department.
According to his plea agreement, from at least September 2016 through April 25, 2017, Woodland delivered drug-laden parcels coming from Nevada and California through the U.S. Mail, to his co-conspirators. On April 21, 2017, the U.S. Postal Inspection Service identified several USPS Priority Mail parcels which were suspected to contain illegal narcotics. On April 24, 2017, after a drug-detection canine positively alerted to the parcels, Inspectors obtained a warrant to search them.
Five of the parcels were addressed to five separate locations in Bethesda, Maryland, that were on the postal route assigned to Woodland. None of the names listed on the parcels were associated with the addresses on the parcels. Upon execution of the search warrant, Inspectors discovered that each of the parcels contained approximately one kilogram of cocaine. Each parcel was packaged the same, including a light-blue wax covering with a candle wick and the word “King’s” or the shape of a shamrock stamped into the vacuum-sealed cocaine brick. The estimated street value of the cocaine was $187,600.
As detailed in Woodland’s plea agreement, postal records confirm that the drug parcels Woodland intercepted often had the same or similar characteristics as the parcels that were interdicted on April 21, 2017. To alert Woodland that parcels were being sent, Woodland’s co-conspirators typically sent Woodland a text message containing (in whole or part) the address on Woodland’s route and/or a fictional name (i.e., a name not associated with the address on Woodland’s route). Woodland admitted that when the parcel(s) arrived at the Bethesda Post Office for delivery, he retrieved the parcel(s), notified his co-conspirators by call or text message that he had the parcel(s), marked the parcel(s) as “delivered” using his USPS scanner, and then redirected the parcel(s) to his co-conspirators.
United States Attorney Robert K. Hur praised the U.S. Postal Inspection Service, the U.S. Postal Service, Office of Inspector General, and the Montgomery County Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Ray D. McKenzie and Timothy F. Hagan, who prosecuted the case.
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Former Fifth Circuit Solicitor Indicted for Additional Federal ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon announced today that Daniel Edward Johnson, 47, Former Fifth Circuit Solicitor and resident of Blythewood, South Carolina, was charged in a 36-count Superseding Indictment by a federal Grand Jury in Columbia for Wire Fraud, Mail Fraud, Theft of Federal Funds, False Statements, Conversion of Federal Funds, and Obstruction of Justice.
Johnson faces a maximum penalty of 20 years in federal prison on the Wire Fraud, Mail Fraud, and Obstruction of Justice charges; a maximum penalty of 10 years in federal prison on the Theft of Federal Funds and Conversion of Federal Funds charges; and a maximum penalty of five years in federal prison for the False Statements charge.
The Federal Bureau of Investigation (FBI) and South Carolina Law Enforcement Division (SLED) investigated the case. Assistant United States Attorneys Winston D. Holliday, Jr., Alyssa Leigh Richardson, and William C. Lewis of the Columbia office are prosecuting the case.
The United States Attorney stated that all charges in the indictment are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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Federal Grand Jury Returns Indictments Charging 23 IndividualsRead the Press Release
MACON— A federal grand jury has returned indictments during the month of November. Charles E. Peeler, the United States Attorney for the Middle District of Georgia, announced Wednesday, November 21, 2018 that the grand jury true billed indictments charging 23 new individuals. An indictment is only an allegation of criminal conduct. All of the defendants are presumed innocent until and unless proven guilty in a court of law beyond a reasonable doubt.
“The successful collaboration between law enforcement at every level helped bring these cases before a federal grand jury,” said U.S. Attorney Peeler. “I want to thank our local, state and federal law enforcement for their dedication and hard work.”
Indictment #1
MILTON WRENN, age 58 of Hartsfield, Georgia is charged with the following:
1) Possession of Child Pornography
If convicted on Count 1, Mr. Wrenn faces a maximum sentence of 20 years in prison, a $250,000 fine, or both.
The case was investigated by the Colquitt County Sheriff’s Office, the Georgia Bureau of Investigation, and the United States Postal Office of the Inspector General. The case is being prosecuted by Assistant U.S. Attorney Julia C. Bowen.
Indictment #2
DERINIQUE MORROW, age 20 of Albany, Georgia is charged with the following:
1) Interstate Communications with Intent to Extort
2) Interstate Stalking
If convicted on Count 1, Mr. Morrow faces a maximum sentence of two (2) years in prison and a $250,000 fine, or both. If convicted on Count 2, Mr. Morrow faces a maximum sentence of five (5) years in prison and a $250,000 fine, or both.
The case was investigated by the Federal Bureau of Investigation and the Warminster, Pennsylvania Police Department. The case is being prosecuted by Assistant U.S. Attorney Alan Dasher.
Indictment #3
GEORGE RANDOLPH JEFFERY, age 58 of Monroe, Georgia is charged with the following:
1) Attempted Online Enticement of a Minor
2) Possession of Child Pornography
If convicted on Count 1, Mr. Jeffery faces a maximum sentence of life in prison, with a 10 year mandatory minimum term, a $250,000 fine and a maximum Supervised Release of life. If convicted on Count 2, Mr. Jeffery faces a maximum sentence of 20 years in prison, a $250,000 fine and a maximum Supervised Release of Life.
The case was jointly investigated by the Federal Bureau of Investigation and the Georgia Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Lyndie Freeman.
Indictment #4
ORIEST STANLEY, JR., age 50 of Macon, Georgia, is charged with the following:
1) Failure to Register as a Sex Offender
If convicted on Count 1, Mr. Stanley faces a maximum sentence of 10 years in prison, a $250,000 fine and a maximum Supervised Release of three (3) years.
The case was investigated by the United States Marshall Service and the Bibb County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Beth Howard.
Indictment #5
MAURICE HANCOCK, a/k/a “FREAKY”, a/k/a “NBA PHIL”, age 44 of Statham, Georgia, is charged with the following:
1-19) Distribution of a Controlled Substance
If convicted on Counts 1, 4, 5 and 6, Mr. Hancock faces a maximum sentence of 20 years in prison and a $1 million fine per count. If convicted on Counts 2, 3, 7 and 8, Mr. Hancock faces a maximum sentence of 40 years in prison, a $5 million fine, or both per count. If convicted on Counts 9 – 19, Mr. Hancock faces a maximum sentence of life in prison, a $10 million fine, or both, per count.
The case was investigated by the Federal Bureau of Investigation, the United States Drug Enforcement Administration, the Georgia Bureau of Investigation and the Athens-Clarke County Police Department. The case is being prosecuted by Assistant U.S. Attorney Tamara Jarrett.
Indictment #6
HEATHER NICOLE GRAY, age 31 of Norman Park, Georgia, is charged with the following:
1-15) Bank Fraud
16-82) Counts of Wire Fraud
83) Count of Aggravated Identity Theft
If convicted on Counts 1-15, Ms. Gray faces a maximum sentence of 30 years in prison, a $250,000 fine or both, per count. If convicted on Counts 16-82, Ms. Gray faces a maximum of 20 years in prison, a $250,000 fine or both, per count. If convicted on Count 83, Ms. Gray faces a mandatory two (2) years in prison, a $250,000 fine or both.
The case was investigated by the United States Secret Service and the Lowndes County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Robert D. McCullers.
Indictment #7
FRANK DOUGLAS, age 59 of North Augusta, Georgia, is charged with the following:
1-2) Assault on a Federal Employee
If convicted on Counts 1-2, Mr. Douglas faces a maximum sentence of eight (8) years, a $250,000 fine or both, per count.
The case is being prosecuted by Assistant U.S. Attorney Leah McEwen.
Indictment #8
MIGUEL AYALA, age 26 of Marietta, Georgia, is charged with the following:
1) Possession with Intent to Distribute Methamphetamine
If convicted on Count 1, Mr. Ayala faces a maximum sentence of life in prison, a $10 million fine or both.
The case was investigated by the United States Drug Enforcement Administration, the Peach County Sheriff’s Office and the Byron Police Department. The case is being prosecuted by Assistant U.S. Attorney Steven Ouzts.
EDUARDO ONOFRE, age 24 of Powder Springs, Georgia, is charged with the following:
1) Possession with Intent to Distribute Methamphetamine
If convicted Count 1, Mr. Onofre faces a maximum sentence of life in prison, a $10 million fine or both.
The case was investigated by the United States Drug Enforcement Administration, the Peach County Sheriff’s Office, and Byron Police Department. The case is being prosecuted by Assistant U.S. Attorney Steven Ouzts.
Indictment #9
JUSTIN HUNT a/k/a “BIG BOY”, age 33 of Macon, Georgia, is charged with the following:
1-2) Distribution of Methamphetamine
If convicted on Counts 1-2, Mr. Hunt faces a maximum sentence of life in prison, a $10 million fine or both, per count.
The case was investigated by the United States Drug Enforcement Administration and the Bibb County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Steven Ouzts.
VICTOR HENDERSON a/k/a “BLACK BOY”, age 39, of Macon, Georgia, is charged with the following:
3) Distribution of Methamphetamine
If convicted on Count 3, Mr. Henderson faces a maximum sentence of 40 years in prison, a $5 million fine or both.
The case was investigated by the United States Drug Enforcement Administration and the Bibb County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Steven Ouzts.
Indictment #10
YESIKA DEL CARMEN VIVENES LINARES a/k/a ANA CARARINA GONCALVES ALVES, age 36 of Venezuela, is charged with the following:
1) Forgery and False Use of a Passport
If convicted on Count 1, Ms. Vivenes Linares faces a maximum sentence of ten (10) years in prison, a $250,000.00 fine or both.
The case was investigated by the Department of State, Diplomatic Security Service and the Valdosta Police Department. The case is being prosecuted by Assistant U.S. Attorney Robert D. McCullers.
Indictment #11
MARTIN SOSA-TORRES, age 24 of Mexico is charged with the following:
1) Illegal Reentry into the United States
If convicted on Count 1, Mr. Torres faces a maximum sentence of two (2) years in prison, a $250,000.00 fine, or both, on each count.
The case was investigated by the Immigration and Customs Enforcement, Enforcement and Removal Operations. The case is being prosecuted by Assistant U.S. Attorney Amelia G. Helmick.
In addition to the above indictments, the following individuals were indicted for firearms offenses. All of these cases were 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. PSN was launched in 2001 by the Office of the Attorney General.
Indictment #12
CECIL WAMPLER, age 33, of Bristol, Tennessee, is charged with the following:
1) Conspiracy to Possess with Intent to Distribute a Controlled Substance
2) Possession with Intent to Distribute Methamphetamine
3) Possession of a Firearm During a Drug Trafficking Crime
4) Possession of a Firearm by a Convicted Felon
If convicted on Count 1, Mr. Wampler faces a maximum sentence of life in prison, a $10 million fine or both. If convicted on Count 2, Mr. Wampler faces a maximum sentence of 20 years in prison, a $1 million fine or both. If convicted on Count 3, Mr. Wampler faces a maximum sentence of life in prison, a $250,000 fine or both. If convicted on Count 4, Mr. Wampler faces a maximum sentence of 10 years in prison, a $250,000 fine or both.
The case was investigated by the Oconee County Sheriff’s Office, Athens-Clarke County Police Department, and the collaboration of District Attorney for the Western Judicial Circuit Ken Mauldin. The case is being prosecuted by Assistant U.S. Attorney Tamara Jarrett.
AMY LAURA LEONARD, age 49 of Johnson City, Tennessee, is charged with the following:
1) Conspiracy to Possess with Intent to Distribute a Controlled Substance
2) Possession with Intent to Distribute Methamphetamine
3) Possession of a Firearm During a Drug Trafficking Crime
If convicted on Count 1, Ms. Leonard faces a maximum sentence of life in prison, a $10 million fine or both. If convicted on Count 2, Ms. Leonard faces a maximum sentence of 20 years in prison and a $1 million fine. If convicted on Count 3, Ms. Leonard faces a maximum sentence of life in prison, a $250,000.00 fine or both.
The case was investigated by the Oconee County Sheriff’s Office, Athens-Clarke County Police Department, and the collaboration of Ken Mauldin, District Attorney for the Western Judicial Circuit. The case is being prosecuted by Assistant U.S. Attorney Tamara Jarrett.
WILLIAM MATHEW HOWARD, aged 44, of Crawford, Georgia, is charged with the following:
1) Conspiracy to Possess with Intent to Distribute a Controlled Substance
2) Possession with Intent to Distribute Methamphetamine
3) Possession of a Firearm During a Drug Trafficking Crime
If convicted on Count 1, Mr. Howard faces a maximum sentence of life in prison, a $10 million fine or both. If convicted on Count 2, Mr. Howard faces a maximum sentence of 20 years in prison, a $1 million fine or both. If convicted on Count 3, Mr. Howard faces a maximum sentence of life in prison, a $250,000.00 or both.
The case was investigated by the Oconee County Sheriff’s Office, Athens-Clarke County Police Department, and the collaboration of District Attorney for the Western Judicial Circuit Ken Mauldin. The case is being prosecuted by Assistant U.S. Attorney Tamara Jarrett.
Indictment #13
JAMES EARL BRIDGES, age 41, of Albany, Georgia is charged with the following:
1) Possession of a Firearm by a Convicted Felon
2) Possession of a Firearm by a Controlled Substance User
3) Possession of Methamphetamine
If convicted on Counts 1-2, Mr. Bridges faces a maximum sentence of 10 years in prison, a fine of up to $250,000 or both, and a maximum Supervised Release of three (3) years, per count. If convicted on Count 3, Mr. Bridges faces one (1) year in prison and a $1,000 fine.
The case was investigated by the Albany-Dougherty Drug Unit. The case is being prosecuted by Assistant U.S. Attorney Alan Dasher.
Indictment #14
JOSEPH FREDRICK KEGLER, age 45 of Columbus, Georgia is charged with the following:
1) Felon in Possession of a Firearm
2) Simple Possession of a Controlled Substance
If convicted on Count 1, Mr. Kegler faces a maximum sentence of 10 years in prison, a $250,000 fine, or both and a maximum three (3) years of Supervised Release. If convicted on Count 2, Mr. Kegler faces a maximum sentence of three (3) years in prison, a $250,000 fine, or both and a maximum one (1) year of Supervised Release.
The case was investigated by the Columbus Police Department and ATF. The case is being prosecuted by Assistant U.S. Attorney Amelia G. Helmick.
Indictment #15
PAUL A. BRADFORD, age 47 of Lakeland, Georgia, is charged with the following:
1) Possession of a Firearm by a Convicted Felon
If convicted on Count 1, Bradford faces a maximum sentence of 10 years in prison, a $250,000 fine or both.
The case was investigated by the Federal Bureau of Investigation and the Lanier and Berrien County Sheriff’s Offices. The case is being prosecuted by Assistant U.S. Attorney Robert D. McCullers.
Indictment #16
BRANDON RASHAD DOWDELL, age 24, of Valdosta, Georgia, is charged with the following:
1) Possession of a Firearm by a Convicted Felon
If convicted on Count 1, Mr. Dowdell faces a maximum sentence of 10 years in prison, a $250,000 fine or both.
The case was investigated by the Federal Bureau of Investigations and the Valdosta Police Department. The case is being prosecuted by Assistant U.S. Attorney Sonja Profit.
Indictment #17
ANTHONY LEVETTE GRUBBS, age 31 of Jacksonville, Florida, is charged with the following:
1) Possession of a Firearm by a Convicted Felon
If convicted on Count 1, Mr. Grubbs faces a maximum sentence of 10 years in prison, a $250,000 fine or both.
The case was investigated by the United States Drug Enforcement Administration, the Federal Bureau of Investigation and the Lowndes County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Sonja Profit.
Indictment #18
WILLIAM HENRY PHILLIPS, JR., age 43, of Valdosta, Georgia, is charged with the following:
1) Possession of a Firearm by a Convicted Felon
If convicted on Count 1, Mr. Phillips faces a maximum sentence of 10 years in prison, a $250,000 fine or both.
The case was investigated by the Federal Bureau of Investigations and the Valdosta Police Department. The case is being prosecuted by Assistant U.S. Attorney Sonja Profit.
Indictment #19
JAYLON WESLEY, age 21 of Columbus, Georgia, is charged with the following:
1) Possession of Firearm by a Convicted Felon
If convicted on Count 1, Mr. Wesley faces a maximum sentence of 10 years in prison, a $250,000 fine or both.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Columbus Police Department. The case is being prosecuted by Assistant U.S. Attorney Christopher Williams.
Questions concerning this release should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Federal Grand Jury Indicts Twenty-Two in Methamphetamine Distribution ConspiracyRead the Press Release
GREENEVILLE, Tenn. – On October 10, 2018 a federal grand jury in Greeneville returned a 76-count indictment against the following individuals for their roles in the distribution of methamphetamine (meth):
- Juan Moreno Pantiga, 29, of Greene County, Tennessee;
- Oscar Orozco-Blaco, 44, of Jefferson City, Tennessee;
- Luis Rey Maldonado-Patino, 32, of Hamblen County, Tennessee;
- Rainey Nichole Fields, 27, of Greene County, Tennessee;
- Brycen Foster Nye, 32, of Greene County, Tennessee;
- Cody Allen Arnold, 33, of Greene County, Tennessee;
- Jeffery Allen Isley, 39, of Greene County, Tennessee;
- Kenneth Dewayne McIntosh, 24, of Greeneville, Tennessee;
- David Brock Church, 27, of Greeneville, Tennessee;
- James Clayton Alan Broyles, 43, of Greeneville, Tennessee;
- JD Edward Ealey, 48, of Greeneville, Tennessee;
- Brian David Gray, 35, of Greeneville, Tennessee
- Donya Lea Earley, 27, of Greene County, Tennessee;
- Austin Edward Isley, 20, of Greene County, Tennessee;
- Chelsea Brook Gray, 27, of Greeneville, Tennessee;
- Randy Allen Brown, 52, of Greeneville, Tennessee
- Makayla Nicole Isley, 21, of Greene County, Tennessee;
- Harold Arthur Johnson, Jr., 48, of Greene County, Tennessee;
- Kimberly Gaye Maples, 32, of Greeneville, Tennessee;
- Caleb Blaine Davis, 27, of Hawkins County, Tennessee;
- Jessee Dewayne Lowery, 32, of Greene County, Tennessee;
- Dana Renee Nelson, 32, of Greene County, Tennessee.
The indictment was recently unsealed by the U.S. District Court and has not yet been set for trial. The case will be heard by the Honorable J. Ronnie Greer, Senior U.S. District Judge.
The indictment, on file with U.S. District Court, alleges that each of these individuals was involved in a conspiracy to distribute 50 grams or more of meth in the Eastern District of Tennessee and elsewhere. Moreno-Pantiga, Maldanado-Patino, Fields, Arnold, Jeffrey Isley, McIntosh, Church, Broyles, Earley, Brian Gray, Austin Isley, Chelsea Gray, Makayla Isley, Johnson, Maples, and Davis were also each charged with at least one count of possession of a firearm in furtherance of a drug trafficking crime. The indictment also alleges other charges related to the distribution and possession with the intent to distribute controlled substances as well as money laundering.
If convicted of the meth conspiracy charge, each 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. Moreno-Pantiga, Maldanado-Patino, Fields, Arnold, Jeffrey Isley, McIntosh, Church, Broyles, Earley, Brian Gray, Austin Isley, Chelsea Gray, Makayla Isley, Johnson, Maples, and Davis face a minimum mandatory term of at least five years and up to life in prison for the firearms charges against them, which must be served consecutively to any other prison term imposed, up to five years supervised release, a fine of up to $250,000, and a $100 special assessment.
The ongoing investigation leading to the indictment was the product of a partnership between Greene County Sheriff’s Department, Greeneville Police Department, Hawkins County Sheriff’s Department, Hamblen County Sheriff’s Department, Jefferson County Sheriff’s Department, Washington County Sheriff’s Department, Tusculum Police Department, Baileyton Police Department, Elizabethton Police Department, Third Judicial Drug Task Force, Fourth Judicial Drug Task Force, Tennessee Bureau of Investigation, Tennessee National Guard Counterdrug Task Force, Tennessee Highway Patrol, United States Marshal Service, Homeland Security Investigations, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, and FBI. Assistant U.S. Attorney J. Christian Lampe will represent the United States.
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.
The investigation is a result of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. 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.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offics to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Dominican National Sentenced to over 10 Years’ Imprisonment for Drug Trafficking and Firearm OffenseRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Luis Beato-Hererra, age 29, of the Dominican Republic, was sentenced to 130 months’ imprisonment and five years of supervised release on November 20, 2018, by Chief United States District Court Judge Christopher C. Conner for conspiracy to possess with intent to distribute heroin and cocaine hydrochloride, and for possessing a firearm in furtherance of drug trafficking.
According to United States Attorney David J. Freed, Beato-Hererra pleaded guilty to conspiracy to possess with intent to distribute one kilogram or more of heroin (which is the equivalent to approximately 40,000 to 50,000 individuals doses of heroin) and five kilograms or more of cocaine hydrochloride, and for possessing a firearm in furtherance of drug trafficking.
The charges stem from an investigation in which the Department of Homeland Security Investigations (HSI) agents intercepted packages sent from Santo Domingo, Dominican Republic to the United States between June and October 2014. The packages contained kilogram quantities of heroin and cocaine hydrochloride concealed inside xbox consoles, air filters, and projectors. The conspiracy spanned from Pennsylvania, New Jersey, and New York.
Beato-Hererra was charged in July 2015 with ten other individuals. All of his co-defendants have been sentenced:
- Christian Rivera-Rios was sentenced to 181 months’ imprisonment;
- Glauco Kelvin Celedonio-Smith was sentenced to 180 months’ imprisonment;
- Yefries Guillen-Herrera was sentenced to 57 months’ imprisonment;
- Felix Rodriguez-Pabon was sentenced to 87 months’ imprisonment;
- Nelson Martinez was sentenced to 63 months’ imprisonment;
- Wilson Herrera was sentenced to 120 months’ imprisonment;
- Wilfreddy Perez was sentenced to 35 months’ imprisonment;
- Jose Pena-Herrera was sentenced to 12 months and 1 day imprisonment;
- Lional Martinez-Osoria was sentenced to 68 months’ imprisonment; and
- Joshua De La Cruz was sentenced to 60 months’ imprisonment.
The investigation was conducted by HSI, the Pennsylvania State Police, the Berks County District Attorney’s Office Detective Unit and the U.S. Customs & Border Protection. Assistant U.S. Attorney Daryl F. Bloom prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case also was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Department of Justice Releases Annual Report to Congress on Indian Country Investigations and ProsecutionsRead the Press Release
The Department of Justice released today its annual report to Congress, Indian Country Investigations and Prosecutions, which provides a range of enforcement statistics required under the Tribal Law and Order Act, as well as information about the progress of the Department’s initiatives to reduce violent crime and strengthen tribal justice systems.
The report reveals that in 2017, U.S. Attorney Offices prosecuted a majority of Indian country cases presented to them. U.S. Attorney Offices declined prosecution of a minority of cases presented to them primarily due to insufficient evidence or referral to another prosecuting authority, such as a tribal prosecutor. The report also shows that the FBI closed 12.5 percent more investigations in 2017 than in 2016 (see detailed findings below).
“The Department of Justice is committed to public safety in Indian country,” said Deputy Attorney General Rod J. Rosenstein. “We have demonstrated this commitment over the past two years by investing substantial resources and supporting innovative programs that empower federal and tribal prosecutors and build the capacity of tribal justice systems. Today’s report demonstrates that our work makes a difference. Lasting public safety improvements in Indian country are best achieved when federal, state, and tribal law enforcement agencies work together.”
“The Justice Department’s Indian Country Investigations and Prosecutions Report reflects that the many coordinated efforts among United States Attorneys and tribal justice officials are making a difference,” said Trent Shores, U.S. Attorney for the Northern District of Oklahoma, and Chairman of the Attorney General’s Advisory Subcommittee on Native American Issues. “Our work continues, and we must be resolute, in order to meet the challenges prevalent in American Indian and Alaska Native communities. In August, the Attorney General's Native American Issues Subcommittee met and renewed our commitment to finding meaningful and practical tools to help put an end to the disproportionate rates of violence afflicting Native Americans. Among these, the department is expanding the use of cross-deputization agreements, access to criminal databases, funding for juvenile programs serving at-risk native youth, and services to victims and their families. We must continue to work together and find solutions to violent crime and drug trafficking in Indian Country. United States Attorneys are committed to upholding the federal trust responsibility and the rule of law in Indian Country.”
The Trump Administration has strengthened the Department’s commitment to Indian Country by prioritizing the reduction of violent crime throughout the United States—including in Indian Country. This reflects a recognition that Native Americans suffer from persistently high rates of violent crime, particularly domestic and sexual abuse of women and children, and like many communities in the United States, have been hit hard by both opioid and methamphetamine abuse.
In April 2017, as part of the Department’s efforts under the Task Force on Crime Reduction and Public Safety, Attorney General Jeff Sessions announced a series of actions the Department would take to support law enforcement and maintain public safety in Indian Country.
The Justice Department recognizes that investigating crime and prosecuting those responsible is critical to public safety in Indian Country. To that end, the Justice Department’s partnerships with tribes, as well as all federal, state and local law enforcement, are crucial to success. The Department deploys innovative programs such as the Tribal Access Program, Tribal Special Assistant U.S. Attorneys, and numerous grant programs that enhance partnerships, increase information sharing, build capacity for local criminal justice systems, and provide services to victims of crime.
According to the report, in 2017 implementation of the Violence Against Women Reauthorization Act of 2013 (VAWA 2013) remained an important priority for the Department. Federal prosecutors continued to utilize the federal assault charges created by VAWA 2013. In Calendar Year (CY) 2017, federal prosecutors filed cases against 139 defendants under VAWA 2013’s enhanced federal assault statutes, which include enhanced sentences for certain crimes of domestic violence such as strangulation and stalking. They obtained 134 convictions (an increase of 30% from CY 2016 (103)). Also in CY 2017, prosecutors filed cases against 43 defendants in Indian country cases using the domestic assault by a habitual offender statute, 18 U.S.C. § 117, and obtained 29 convictions.
Cooperation among federal and tribal law enforcement and victim advocates is key to successfully prosecuting sexual assault crimes in Indian country. As of 2017, every U.S. Attorney Office with Indian country responsibilities has developed federal sexual violence guidelines designed to improve the federal response to sexual abuse in tribal communities.
The report also notes that the Tribal Liaison Program remains one of the most important components of the Department’s efforts in Indian country. TLOA requires that the U.S. Attorney for each district with Indian country appoint at least one Assistant United States Attorney to serve as a Tribal Liaison for that district. They foster and facilitate relationships between federal and tribal partners that are vital to reducing violent crime. As part of their duties, Tribal Liaisons assist in developing multi-disciplinary teams to combat child abuse, work with SART teams on sexual abuse response, conduct community outreach, and coordinate the prosecution of federal crimes.
The information contained in the report shows the following:
- FBI’s CY 2017 statistics show a 12.5 percent increase in total closed investigations (2,210 total) compared to FBI’s CY 2016 statistics (1,960 total). The FBI has investigative responsibility for federal crimes committed on approximately 200 Indian Reservations. This responsibility is shared concurrently with BIA-OJS and other federal agencies with a law enforcement mission in Indian country
- Approximately 79.5 percent (1,511 out of 1,900) of Indian country criminal investigations opened by the FBI were referred for prosecution.
- Of the 699 Indian country investigations that the FBI closed administratively without referral for prosecution, the primary reason for closing (approximately 21 percent) was that the case did not meet statutory definitions of a crime or U.S. Attorney’s Office (USAO) prosecution guidelines. In addition, analysis of CY 2017 data indicates that 15 percent of investigations closed administratively were closed due to unsupported allegations, meaning no evidence of criminal activity was uncovered during the investigations. Another reason for non-referral (20 percent) was that the deaths under investigations were determined to be the result of accident, suicide, or natural causes.
- 84 percent (141 out of 167) of the death investigations that were closed administratively by the FBI in CY 2017 were closed because the death was due to causes other than homicide (i.e., accidents, suicide, or natural causes).
- In CY 2017, the USAOs resolved 2,390 Indian country matters.
- The majority of Indian country criminal matters resolved by the USAOs in CY 2017 (1,499 out of 2,390) were prosecuted (charges filed in either District or Magistrate Court).
- The USAO declination rate remained relatively steady. USAO data shows that in CY 2017, 37% (891) of all (2,390) Indian country matters resolved were declined. USAOs declined cases at a similar rate in prior years: 34% (903) of all Indian country matters resolved (2,666) in CY 2016; 39% (1,043) of all Indian country matters resolved (2,655) in CY 2015; 34% (989) of all Indian country matters resolved (2,886) in CY 2014; 34% (853) of all Indian country matters resolved (2,514) in CY 2013; 31% (965) of all Indian country matters resolved (3,097) in CY 2012; and 38% (1,042) of all Indian country matters resolved (2,767) in CY 2011.
- The most common reason for declination by USAOs was insufficient evidence (70.9% in CY 2017, 68.0% in CY 2016, 71.7% in CY 2015, 59.6% in CY 2014, 55.6% in CY 2013, and 52% in CY 2012). The next most common reason for declination by USAOs was referral to another prosecuting authority (13.2% in CY 2017, 16.4% in CY 2016, 13.8% in CY 2015, 16.3% in CY 2014, 20.8% in CY 2013, and 24% in CY 2012).
The data presented in this report covers only those offenses reported to the FBI and federal prosecutors. The majority of criminal offenses committed, investigated, and prosecuted in Indian Country are adjudicated in tribal justice systems. In much of Indian Country, tribal law enforcement and tribal justice systems hold criminals accountable, protect victims, provide youth prevention and intervention programs, and confront precursors to crime such as alcohol and substance abuse. These efforts are often in partnership with federal agencies or accomplished with support from federal programs and federal funding opportunities.
Read the entire report at www.justice.gov/tribal/tloa.html
Read about the Justice Department’s efforts to increase public safety in Indian County at www.justice.gov/tribal/accomplishments.html
Department of Justice Releases Annual Report to Congress on Indian Country Investigations and ProsecutionsRead the Press Release
The Department of Justice along with U.S. Attorney Trent Shores, Chairman of the Attorney General’s Advisory Subcommittee on Native American Issues, released today the annual report to Congress, Indian Country Investigations and Prosecutions, which provides a range of enforcement statistics required under the Tribal Law and Order Act, as well as information about the progress of the Department’s initiatives to reduce violent crime and strengthen tribal justice systems.
The report reveals that in 2017, U.S. Attorney Offices prosecuted a majority of Indian country cases presented to them. U.S. Attorney Offices declined prosecution of a minority of cases presented to them primarily due to insufficient evidence or referral to another prosecuting authority, such as a tribal prosecutor. The report also shows that the FBI closed 12.5 percent more investigations in 2017 than in 2016 (see detailed findings below).
“The Department of Justice is committed to public safety in Indian country,” said Deputy Attorney General Rod J. Rosenstein. “We have demonstrated this commitment over the past two years by investing substantial resources and supporting innovative programs that empower federal and tribal prosecutors and build the capacity of tribal justice systems. Today’s report demonstrates that our work makes a difference. Lasting public safety improvements in Indian country are best achieved when federal, state, and tribal law enforcement agencies work together.”
“The Justice Department’s Indian Country Investigations and Prosecutions Report reflects that the many coordinated efforts among United States Attorneys and tribal justice officials are making a difference,” said Trent Shores, U.S. Attorney for the Northern District of Oklahoma, and Chairman of the Attorney General’s Advisory Subcommittee on Native American Issues. “Our work continues, and we must be resolute, in order to meet the challenges prevalent in American Indian and Alaska Native communities. In August, the Attorney General's Native American Issues Subcommittee met and renewed our commitment to finding meaningful and practical tools to help put an end to the disproportionate rates of violence afflicting Native Americans. Among these, the department is expanding the use of cross-deputization agreements, access to criminal databases, funding for juvenile programs serving at-risk native youth, and services to victims and their families. We must continue to work together and find solutions to violent crime and drug trafficking in Indian Country. United States Attorneys are committed to upholding the federal trust responsibility and the rule of law in Indian Country.”
The Trump Administration has strengthened the Department’s commitment to Indian Country by prioritizing the reduction of violent crime throughout the United States—including in Indian Country. This reflects a recognition that Native Americans suffer from persistently high rates of violent crime, particularly domestic and sexual abuse of women and children, and like many communities in the United States, have been hit hard by both opioid and methamphetamine abuse.
In April 2017, as part of the Department’s efforts under the Task Force on Crime Reduction and Public Safety, Attorney General Jeff Sessions announced a series of actions the Department would take to support law enforcement and maintain public safety in Indian Country.
The Justice Department recognizes that investigating crime and prosecuting those responsible is critical to public safety in Indian Country. To that end, the Justice Department’s partnerships with tribes, as well as all federal, state and local law enforcement, are crucial to success. The Department deploys innovative programs such as the Tribal Access Program, Tribal Special Assistant U.S. Attorneys, and numerous grant programs that enhance partnerships, increase information sharing, build capacity for local criminal justice systems, and provide services to victims of crime.
According to the report, in 2017 implementation of the Violence Against Women Reauthorization Act of 2013 (VAWA 2013) remained an important priority for the Department. Federal prosecutors continued to utilize the federal assault charges created by VAWA 2013. In Calendar Year (CY) 2017, federal prosecutors filed cases against 139 defendants under VAWA 2013’s enhanced federal assault statutes, which include enhanced sentences for certain crimes of domestic violence such as strangulation and stalking. They obtained 134 convictions (an increase of 30% from CY 2016 (103)). Also in CY 2017, prosecutors filed cases against 43 defendants in Indian country cases using the domestic assault by a habitual offender statute, 18 U.S.C. § 117, and obtained 29 convictions.
Cooperation among federal and tribal law enforcement and victim advocates is key to successfully prosecuting sexual assault crimes in Indian country. As of 2017, every U.S. Attorney Office with Indian country responsibilities has developed federal sexual violence guidelines designed to improve the federal response to sexual abuse in tribal communities.
The report also notes that the Tribal Liaison Program remains one of the most important components of the Department’s efforts in Indian country. TLOA requires that the U.S. Attorney for each district with Indian country appoint at least one Assistant United States Attorney to serve as a Tribal Liaison for that district. They foster and facilitate relationships between federal and tribal partners that are vital to reducing violent crime. As part of their duties, Tribal Liaisons assist in developing multi-disciplinary teams to combat child abuse, work with SART teams on sexual abuse response, conduct community outreach, and coordinate the prosecution of federal crimes.
The information contained in the report shows the following:
• FBI’s CY 2017 statistics show a 12.5 percent increase in total closed investigations (2,210 total) compared to FBI’s CY 2016 statistics (1,960 total). The FBI has investigative responsibility for federal crimes committed on approximately 200 Indian Reservations. This responsibility is shared concurrently with BIA-OJS and other federal agencies with a law enforcement mission in Indian country
• Approximately 79.5 percent (1,511 out of 1,900) of Indian country criminal investigations opened by the FBI were referred for prosecution.
• Of the 699 Indian country investigations that the FBI closed administratively without referral for prosecution, the primary reason for closing (approximately 21 percent) was that the case did not meet statutory definitions of a crime or U.S. Attorney’s Office (USAO) prosecution guidelines. In addition, analysis of CY 2017 data indicates that 15 percent of investigations closed administratively were closed due to unsupported allegations, meaning no evidence of criminal activity was uncovered during the investigations. Another reason for non-referral (20 percent) was that the deaths under investigations were determined to be the result of accident, suicide, or natural causes.
• 84 percent (141 out of 167) of the death investigations that were closed administratively by the FBI in CY 2017 were closed because the death was due to causes other than homicide (i.e., accidents, suicide, or natural causes).
• In CY 2017, the USAOs resolved 2,390 Indian country matters.
• The majority of Indian country criminal matters resolved by the USAOs in CY 2017 (1,499 out of 2,390) were prosecuted (charges filed in either District or Magistrate Court).
• The USAO declination rate remained relatively steady. USAO data shows that in CY 2017, 37% (891) of all (2,390) Indian country matters resolved were declined. USAOs declined cases at a similar rate in prior years: 34% (903) of all Indian country matters resolved (2,666) in CY 2016; 39% (1,043) of all Indian country matters resolved (2,655) in CY 2015; 34% (989) of all Indian country matters resolved (2,886) in CY 2014; 34% (853) of all Indian country matters resolved (2,514) in CY 2013; 31% (965) of all Indian country matters resolved (3,097) in CY 2012; and 38% (1,042) of all Indian country matters resolved (2,767) in CY 2011.
• The most common reason for declination by USAOs was insufficient evidence (70.9% in CY 2017, 68.0% in CY 2016, 71.7% in CY 2015, 59.6% in CY 2014, 55.6% in CY 2013, and 52% in CY 2012). The next most common reason for declination by USAOs was referral to another prosecuting authority (13.2% in CY 2017, 16.4% in CY 2016, 13.8% in CY 2015, 16.3% in CY 2014, 20.8% in CY 2013, and 24% in CY 2012).
The data presented in this report covers only those offenses reported to the FBI and federal prosecutors. The majority of criminal offenses committed, investigated, and prosecuted in Indian Country are adjudicated in tribal justice systems. In much of Indian Country, tribal law enforcement and tribal justice systems hold criminals accountable, protect victims, provide youth prevention and intervention programs, and confront precursors to crime such as alcohol and substance abuse. These efforts are often in partnership with federal agencies or accomplished with support from federal programs and federal funding opportunities.
Read the entire report at www.justice.gov/tribal/tloa.html
Read about the Justice Department’s efforts to increase public safety in Indian County at www.justice.gov/tribal/accomplishments.html
Denver Gang Member Charged with Gun Crime After Tuesday’s LoDo Shooting Where Four Were Hurt and One DeadRead the Press Release
DENVER – Dashae Eugene Armstrong, age 23, of Denver, appeared in U.S. District Court this morning to be advised of firearm charges pending against him and his rights following a deadly shooting between rival gangs on November 19, 2018, in downtown Denver, U.S. Attorney Jason R. Dunn, ATF Denver Special Agent in Charge Debbie Livingston and FBI Denver Division Special Agent in Charge Dean Phillips announced. Armstrong was remanded into custody pending a detention hearing scheduled for November 27, 2018.
Armstrong faces one count of being a felon in possession of ammunition. If convicted of that charge he would face not more than 10 years in federal prison and up to a $250,000 fine. According to the facts contained in the affidavit, on November 19, 2018, at approximately 4:04 p.m., Denver Police officers responded to 1200 21st St, Denver, in response to a shooting. Multiple people called 911 saying that several people had been shot. When Denver Police arrived on scene they discovered five victims suffering from gunshot wounds, including one who was deceased.
Witnesses on scene stated two men were shooting at each other. They then provided descriptions of the shooters. One of the shooters was described as being a heavy set black male, wearing a grey sweatshirt and black pants. A short time later Denver Fire Department first responders were with a male in front of the Marquis Theater who matched that description. The male, identified as Dashae Eugene Armstrong, had a gunshot wound to his leg.
Armstrong was transported to the hospital where he was treated and detained. During the investigation detectives at the shooting scene observed two distinct groups of spent shell casings. One group was 9mm, which matches the gun Armstrong was alleged to be shooting. He is a Tre Deuce Crip gang member. The other shooter was reportedly a Tre Tre Crip gang member.
Armstrong has a criminal record going back to 2007. His first conviction was a felony in Denver District Court on November 11, 2013, for Distribution of a Schedule I/II Controlled Substance. His next felony was also in Denver District Court on May 20, 2014, also for Distribution of a Schedule I/II Controlled Substance.
“Today my office filed charges as a part of the law enforcement and prosecutorial response to this violent crime,” said U.S. Attorney Jason R. Dunn. “We work together with our state and local partners and will step in when state prosecution is not feasible or possible.”
This investigation was conducted by the Denver Police Department, with assistance from the Denver of the ATF and the Safe Streets Task Force led by the Denver Division of the FBI. The defendant is being prosecuted by Assistant U.S. Attorney Celeste Rangel.
These enforcement actions and partnerships are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. Learn more about Project Safe Neighborhoods.
Convicted Sex Offender Found Guilty on Drug Conspiracy and Related ChargesRead the Press Release
CHARLOTTE, N.C. B Late yesterday, a Charlotte federal jury convicted Keith Antonio Barnett, 46, of Gastonia, N.C., of drug conspiracy and related drug charges, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina.
U.S. Attorney Murray is joined in making today’s announcement by John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division; Nick S. Annan, Special Agent in Charge of ICE/Homeland Security Investigations (HSI) in Georgia and the Carolinas; Chief Robert C. Helton of the Gastonia Police Department; and Chief Joseph D. Ramey of the Gaston County Police Department.
According to filed court documents and evidence presented at trial, beginning from at least 2016, Barnett was part of a drug conspiracy operating in Gaston County. Trial evidence established that, during the relevant time period, Barnett was responsible for trafficking more than 280 grams of crack cocaine. The evidence at trial also established that, in October 2017, while executing a search warrant at a Gaston County residence that was being used as a drug house, law enforcement arrested Barnett, and recovered more than 120 grams of crack cocaine, over 40 grams of cocaine, more than six grams of heroin, and approximately $3,000 in cash.
The jury convicted Barnett of conspiracy to distribute and to possess with intent to distribute crack cocaine; distribution and possession with intent to distribute crack cocaine; and possession with intent to distribute cocaine, crack cocaine, and heroin.
Barnett has a prior criminal history that includes two convictions for Possession of Crack Cocaine in 1991; Indecent Liberties with a Child in 1997; Criminal Domestic Violence of a High and Aggravated Nature in 2006; Failure to Register as a Sex Offender in 2010; and Failure to Register as a Sex Offender in 2013.
Barnett is currently in federal custody. At sentencing, Barnett faces a statutory mandatory minimum sentence of life in prison and a fine of up to $20 million. A sentencing date has not been set.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), which is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
In making today’s announcement U.S. Attorney Murray credited the FBI and HSI in Charlotte for their investigation of this case, and thanked the Gastonia Police Department and Gaston County Police Department for their invaluable assistance.
Assistant U.S. Attorneys Steven R. Kaufman and Sanjeev Bhasker, of the U.S. Attorney’s Office in Charlotte, are in charge of the prosecution.
Connecticut Man Sentenced to 60 Months’ Imprisonment for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Adonis Smith, age 39, of New London, Connecticut, was sentenced to 60 months’ imprisonment and three years of supervised release on November 20, 2018, by United States District Court Judge Malachy E. Mannion for conspiring to distribute heroin, crack cocaine, and fentanyl.
According to United States Attorney David J. Freed, Smith pleaded guilty to conspiring to distribute controlled substances in Pennsylvania between approximately February 2016 through June 2016. Smith admitted to working as a drug dealer and in the conspiracy, and to trafficking in excess of 15 grams of crack cocaine and in excess of 40 grams of heroin (which is the equivalent of 1,600 potentially fatal doses of heroin).
Smith was charged in June 2017 with 14 other individuals. All of his co-defendants have pleaded guilty, with eight others having already been sentenced:
- Kassandra Martin of Wilkes-Barre, Pennsylvania, was sentenced to 60 months’ imprisonment;
- Joshua Lenchick of Luzerne, Pennsylvania, was sentenced to 60 months’ imprisonment;
- Kristyna Shotwell of Plymouth, Pennsylvania, was sentenced to 12 months and one day of imprisonment;
- Tanay Jones of Bronx, New York, was sentenced to a time served sentence of 19 days’ imprisonment;
- William Waring of Bronx, New York, was sentenced to 60 months’ imprisonment;
- John Maybank of Bronx, New York, was sentenced to 53 months’ imprisonment;
- Siobhan Daniels, of Wilkes-Barre, Pennsylvania, was sentenced to 30 months’ imprisonment; and
- Luis Nevarez, of Bronx, New York, was sentenced to 60 months’ imprisonment.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Luzerne County Drug Task Force, and by the Wilkes-Barre Township Police Department. Assistant U.S. Attorney Phillip J. Caraballo prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case also was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Columbus man admits to cocaine distribution chargeRead the Press Release
WHEELING, WEST VIRGINIA – Jason R. Smoot, of Columbus, Ohio, has admitted to selling cocaine near a playground, United States Attorney Bill Powell announced.
Smoot, age 31, pled guilty to one count of “Distribution of Cocaine Base within 1,000 Feet of a Protected Location.” Smoot admitted to selling cocaine near the Jensen Playground in Wheeling in June 2017.
Smoot faces up to 40 years incarceration and a fine of up to $2,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Steven L. Vogrin is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Ohio Valley Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge James P. Mazzone presided.Cherry Creek Man Charged with Aggravated Sexual Abuse of a ChildRead the Press Release
United States Attorney Ron Parsons announced that a Cherry Creek, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.
Angelo Ashley, age 20, was indicted on September 11, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 21, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on March 26, 2016, Ashley did knowingly engage in, and attempt to engage in, a sexual act with a minor who had not yet attained the age of 12 years.
The charge is merely an accusation and Ashley is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Ashley was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Cedar Rapids Man Convicted of Conspiring to Manufacture One-Pot Meth Near a Marion SchoolRead the Press Release
A Cedar Rapids man who conspired to make meth was convicted by a jury on November 20, 2018, after a two-day trial in federal court in Cedar Rapids.
Justin Michael Cinkan, age 27, from Cedar Rapids, Iowa, was convicted of conspiring to manufacture five grams or more of methamphetamine near a school and possessing pseudoephedrine for the purpose of manufacturing methamphetamine. He was found not guilty of a third charge, manufacturing methamphetamine near a school. The verdict was returned following about two hours of jury deliberations.
The evidence at trial showed that between September 2015 and May 2016, Cinkan purchased over 25 grams of pseudoephedrine for the purpose of cooking into meth. On four other occasions during that time, Cinkan was blocked from purchasing pseudoephedrine as a result of the State of Iowa’s electronic pseudoephedrine tracking system. Trial evidence also showed that Cinkan had other people buy pseudoephedrine and other materials for manufacturing methamphetamine. In the few days prior to May 1, 2016, Cinkan and a woman gathered materials to cook meth at a home in Marion. Cinkan and the woman got into an argument, during which Cinkan threatened to blow up the woman by lighting an active one-pot meth lab on fire. After the woman’s brother found an apparent one-pot meth lab in the house and called authorities, the Marion Police Department discovered the one-pot lab and other meth-making materials in the house.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Cinkan remains in custody of the United States Marshal pending sentencing. Cinkan faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $16,250,000 fine, and a lifetime of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorneys Dan Chatham and Kyndra Lundquist and was investigated by the Marion Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-00053-LTS.
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Canyon County Resident Pleads Guilty to Check Forgery SchemeRead the Press Release
BOISE – Elena C. Lupuleasa, 33, of Nampa, Idaho, pleaded guilty today to bank fraud and aggravated identity theft, U.S. Attorney Bart M. Davis announced. Lupuleasa pleaded guilty pursuant to a written plea agreement filed with the Court.
According to the plea agreement, from April 2016 through November 2016, Lupuleasa devised and executed a scheme to defraud banks. The scheme involved obtaining stolen checks, driver’s licenses, and other personal information from residents in Boise and Nampa. Lupuleasa would then forge a check of one victim and make it payable to another theft victim. Lupuleasa would then impersonate the payee and attempt to cash the check at a bank by presenting the stolen driver’s license or other form of identification of the payee.
Sentencing for Lupuleasa is set for February 6, 2019, before Senior U.S. District Court Judge Edward J. Lodge at the federal courthouse in Boise.
Bank fraud is punishable by up to 30 years in prison, a fine of up to $1,000,000, and a term of supervised release of up to 5 years.
Aggravated identity theft is punishable by a mandatory sentence of two years to run consecutive to any other term of imprisonment, a fine of up to $250,000, and a term of supervised release of one year.
This case was investigated by the Nampa Police Department, Boise Police Department, and Ada County Sheriff’s Office.
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California Man Indicted for Threatening CommunicationsRead the Press Release
United States Attorney Ron Parsons announced that a Sacramento, California, man has been indicted by a federal grand jury for Interstate Communications of Threats to Injure.
Zackary Anthony Mitchell, age 22, was indicted on October 16, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 21, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between December 23, 2017, and January 14, 2018, Mitchell repeatedly texted the victim with threats to injure her and kill the victim’s family.
The charge is merely an accusation and Mitchell is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Mitchell was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Buffalo, NY Man Sentenced to 6+ Years in Prison for Conspiring to Distribute Crack CocaineRead the Press Release
PITTSBURGH, PA -A New York state resident has been sentenced in federal court to six years and five months in prison on his conviction of conspiracy to distribute 28 grams or more of crack cocaine, United States Attorney Scott W. Brady announced today.
United States District Judge Nora Barry Fischer imposed the sentence yesterday on Waverly Primm, 31, of Buffalo, NY.
According to information presented to the Court, in 2015, the Bureau of Alcohol, Tobacco Firearms and Explosives, the Drug Enforcement Administration, and other agencies joined forces in a long-term wiretap investigation of drug trafficking in New Castle, Pa. The investigation revealed that Waverly Primm conspired with others to possess with intent to distribute and distribute crack cocaine, which was transported from Buffalo, NY, to the New Castle area for further distribution.
Prior to imposing sentence, Judge Fischer stated that the sentence was sufficient but not greater than necessary to fulfill the purposes of sentencing.
Assistant United States Attorney Tonya Sulia Goodman prosecuted this case on behalf of the government.
U.S. Attorney Brady commended the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the New Castle Police Department, and the Lawrence County Drug Task Force for the investigation leading to the successful prosecution of Primm.
Bozeman man sentenced in firearms caseRead the Press Release
MISSOULA—Bozeman resident Sean O’Neal Carr was sentenced to 21 months in prison and three years of supervised release on Nov. 16 for illegal firearms possession, U.S. Attorney Kurt G. Alme announced.
Carr, 42, pleaded guilty to being a felon in possession of a firearm on Aug. 7.
Chief U.S. District Judge Dana L. Christensen presided at the hearing.
An investigation found that Carr, having been convicted of felony drug possession in Montana, possessed a 9mm semi-automatic pistol on Aug. 29, 2017 in Bozeman. Law enforcement arrested Carr after a Bozeman Police officer offered to help Carr and a woman who had been locked out of a vehicle.
As the officer approached, he noticed that Carr was openly carrying a pistol on his hip. Carr used a homemade tool to open the vehicle door and the woman left. When the officer spoke to Carr, he noticed Carr was fidgeting and seemed uncomfortable and that his behavior was similar to those he had seen on methamphetamine. The officer detained Carr after he identified himself and told the officer he was on probation. The officer took possession of the gun, which was loaded with a full magazine and had a round in the chamber.
Carr told law enforcement later that the firearm was a birthday present and that he’d had it for about a month.
Assistant U.S. Attorney Cyndee L. Peterson prosecuted the case, which was investigated by the Bozeman Police Department and 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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Billings man sentenced for distributing methRead the Press Release
BILLINGS—U.S. Attorney Kurt Alme announced today that Billings resident Robert John Bigback was sentenced on Tuesday to five years in prison and five years of supervised release for distributing methamphetamine.
Bigback, 23, pleaded guilty on July 16, 2018 to two counts of distribution of meth.
U.S. District Judge Susan P. Watters presided at sentencing.
After receiving information about meth for sale in April 2017, the FBI drug task force used a confidential informant to buy meth from a co-defendant at a hardware store in the Billings Heights. After the co-defendant counted the money, Bigback gave the informant the meth. Another meth sale was arranged a few days later and occurred at Rimrock Mall, where Bigback conducted the sale in the bathroom of a department store. The two sales involved about 20 grams of pure meth, which is the equivalent of about 160 individual doses and has a street value of about $2,000.
Assistant U.S. Attorney Lori Suek prosecuted the case, which was investigated by the FBI Task Force.
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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Baton Rouge Doctor Pleads Guilty to Conspiring to Receive Health Care Kickback PaymentsRead the Press Release
BATON ROUGE, LA – United States Attorney Brandon J. Fremin announced today that GRAY WESLEY BARROW, age 58, of Baton Rouge, Louisiana, pled guilty for his role in a scheme to receive approximately $336,000 in illegal health care kickback payments. As a result of his conviction, BARROW faces a significant term of imprisonment, restitution and fines, and a period of supervised release.
BARROW was a co-owner of Louisiana Spine & Sports LLC, a pain management clinic located in Baton Rouge. According to plea documents, the charge stems from BARROW’s role in agreeing to send urine specimens collected from his patients to a drug testing laboratory in return for a percentage of the reimbursements paid to the laboratory by health care benefit programs, including Medicare. In a hearing before U.S. District Judge Brian A. Jackson, BARROW admitted that from approximately April 2014 through July 2016, he sent specimens collected from his patients to the drug testing laboratory and received approximately $336,000 in disbursements from the laboratory associated with testing for Medicare beneficiaries.
U.S. Attorney Fremin stated, “This plea is a product of the hard work our office, in coordination with the Department of Justice Fraud Division, Health and Human Services-Office of Inspector General, and the Federal Bureau of Investigation have put in to bring Medicare Fraud participants to Justice. It is especially egregious when medical doctors violate their position of trust in the community and the Medicare system to enrich themselves. I want to thank the Department of Justice Fraud Division, the FBI, and Health and Human Services - Office of Inspector General for their efforts in this case.”
“Any time greed replaces medical judgment as the motivating factor behind medical procedures, our country’s citizens and health insurance programs suffer,” said Special Agent in Charge C.J. Porter of the United States Department of Health and Human Services - Office of Inspector General’s Dallas Regional Office. “This office will continue the important mission of protecting the financial integrity of our nation’s health care systems and ensuring that medical providers are rendering legitimate medical services, and will identify and bring to justice those who deliberately manipulate federally funded health insurance programs to obtain Medicare or Medicaid dollars to which they are not entitled.”
Eric J. Rommal, Special Agent in Charge of the New Orleans Division of the Federal Bureau of Investigation, stated, “The Federal Bureau of Investigation continues to be dedicated to eliminating health care fraud in Louisiana and nationwide. This case serves as a testament to the tenacity and perseverance of Agents of not only the FBI, but also our partners in the Department of Health and Human Services - Office of the Inspector General, when investigating a complex and long-term fraud scheme. It is our hope that this case will serve as a lesson to medical professionals everywhere that those committing health care fraud in any capacity will be thoroughly investigated and recommended for prosecution.”
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in 14 cities across the country, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.
This matter is being handled by the Justice Department’s Criminal Division, U.S. Attorney’s Office for the Middle District of Louisiana, the U.S. Department of Health and Human Services - Office of Inspector General’s (HHS-OIG) Dallas Field Office, and the Federal Bureau of Investigation. The case is being prosecuted by Assistant Chief Dustin M. Davis and Trial Attorney Justin M. Woodard of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Elizabeth E. White.
Amesbury Man and Salisbury Woman Arrested for Child Pornography Offenses, Including ProductionRead the Press Release
BOSTON – An Amesbury man and a Salisbury woman were arrested and charged separately in federal court in Boston in connection with various child pornography offenses, including the sexual exploitation of an infant.
Thomas Cross, 28, of Amesbury, and Desiree Daigle, 23, of Salisbury, were arrested on Nov. 15, 2018, in the course of two separate search warrant executions. Cross was charged with possession, receipt, and distribution of child pornography and Daigle was charged with sexually exploiting a child. On Nov. 19, 2018, Daigle appeared in federal court and was ordered detained pending trial. Cross appeared in federal court on Nov. 20, 2018, and after a hearing, U.S. District Court Magistrate Judge Marianne Bowler took the matter of detention under advisement.
According to the charging documents, on Nov. 15, 2018, law enforcement executed a search warrant at Cross’s home and seized several electronic devices. Upon reviewing the devices on scene, law enforcement observed files containing child pornography, as well as chats between Cross and a person he identified as Daigle, in which they exchange various child pornography files. Some of the images depict an infant known to Daigle, apparently taken in Daigle’s home. In the course of the chat, the two discuss plans for Cross to meet the child in person so that they can sexually abuse the child together. Both Cross and Daigle admitted to exchanging child pornography with each other. Forensic analysis of devices seized from both defendants is ongoing.
The charge of sexual exploitation of children provides for a mandatory minimum sentence of 15 years and up to 30 years in prison. The charges of distribution and receipt of child pornography each provide for a mandatory minimum sentence of five years and up to 20 years in prison. The charge of possession of child pornography provides for a sentence of no greater than 20 years in prison. All of the charges provide for a minimum of five years and up to a lifetime of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Valuable assistance was provided by the Amesbury, North Andover, Salisbury, Arlington, Billerica, Methuen, and Haverhill Police Departments. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.