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Friday 12 October 2018
Buffalo Man Convicted Following Jury Trial of Selling Cocaine and Crack CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has found Collins Pettway, 32, of Buffalo, NY, guilty of conspiracy to distribute 500 grams or more of cocaine, and 28 grams or more of crack cocaine, possession and distribution of cocaine and crack cocaine, and maintaining a drug involved premises. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40, and a $5,000,000 fine.
Assistant U.S. Attorneys Charles J Volkert, Jr. and Maura K. O’Donnell, who handled the prosecution of the case at trial, stated that between February 2015 and March 7, 2015, the defendant conspired with others to distribute cocaine and crack cocaine in the City of Buffalo. Pettway used a residence on Eggert Road in Buffalo to store the cocaine and crack cocaine. During the course of the investigation, law enforcement officers conducted five controlled purchases from the defendant. The jury acquitted defendant’s brother, Michael Pettway, who had also been charged.
Today’s verdict is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Sentencing will be scheduled at a later date.
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Brockton Man Charged with Computer IntrusionRead the Press Release
BOSTON – A Brockton man was charged yesterday in connection with the August 2018 computer intrusion of a Massachusetts company.
Colby Anderson, 25, of Brockton, was charged in a criminal complaint with one count of intentionally causing damage to a protected computer without authorization. Anderson was arrested yesterday and released on conditions following an initial appearance in federal court in Boston.
According to court documents, in July 2018, Anderson was terminated from his position as a Network Operations Center Technician at Blueport Wireless, a high speed internet access provider. Following his termination, Anderson subsequently used his former colleagues’ account login information to delete approximately 100-120 customer configuration profiles, causing widespread internet service issues at customer facilities.
The charging statute provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, and a fine of $250,000 or twice the gross gain or loss. 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. Assistant U.S. Attorneys Mackenzie Queenin and David D’Addio of Lelling’s Cybercrime Unit are prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Bergen County, New Jersey, Man Charged with Embezzlement and Failure to File Annual Report Related to Employee Benefit PlanRead the Press Release
NEWARK, N.J. – A Bergen County, New Jersey, man who served as a trustee of a pension fund was charged with embezzling more than $180,000 from an employee benefit fund, U.S. Attorney Craig Carpenito announced today.
Howard Preschel, 62, of Teaneck, New Jersey, is charged by complaint with one count of embezzlement from an employee benefit plan and one count of failure to file an annual report. He made his initial appearance today before U.S. Magistrate Judge Michael A. Hammer in Newark federal court and was released on $100,000 unsecured bond.
According to documents filed in this case and statements made in court:
Preschel served as a trustee for the CMG Vending Inc. Pension Trust Fund. CMG Vending operated, leased, and rented vending machines throughout New Jersey and New York. Preschel, by law, was a fiduciary and therefore required to act solely in the interest of the participants and beneficiaries of the fund. From at least October 2013, Preschel embezzled $186,123 from the pension trust fund.
Preschel was also required to publish and file annual reports with the Secretary of Labor. To conceal the ongoing embezzlement, Preschel failed to inform the participants and beneficiaries that insufficient funds were being forwarded to the pension trust and failed to file a required annual report for the plan.
The embezzlement charge carries a maximum penalty of five years in prison. The failure to file an annual report charge carries a maximum penalty of 10 years in prison.
U.S. Attorney Carpenito credited special agents of the U.S. Department of Labor, Office of Inspector General, under the direction of Special Agent in Charge Michael Mikulka, and the U.S. Department of Labor, Employee Benefits Security Administration, under the direction of Thomas Licetti, Acting Regional Director of the New York Regional Office, with the investigation.The government is represented by Assistant U.S. Attorney Thomas S. Kearney of the Criminal Division in Newark.
The charges and allegations in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defense counsel: Howard Miller Esq., Hackensack, New Jersey
BMO Harris Bank Pays $10 Million to Resolve Fraud AllegationsRead the Press Release
SACRAMENTO, Calif. — BMO Harris Bank, N.A. (“BMO Harris”) will pay $10 million to resolve allegations that M&I Marshall & Ilsley Bank (“M&I Bank”), which BMO Harris acquired in 2011, violated the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA) by engaging in fraud related to the multi-billion-dollar Ponzi scheme perpetrated by Minnesota businessman Thomas J. Petters, United States Attorney McGregor W. Scott announced.
Petters was convicted by a federal jury in December 2009 of orchestrating a massive Ponzi scheme. Aided and abetted by multiple co-conspirators, he obtained billions of dollars and property by inducing investors to lend money to his company, Petters Company, Inc. (“PCI”), purportedly to purchase electronics to be sold to big-box retailers, such as Costco and Sam’s Club. Instead, Petters and his co-conspirators diverted the funds to other purposes, such as making lulling payments to investors, paying off those who assisted in the fraud scheme, and financing Petters’s extravagant lifestyle. For his conduct, Petters was sentenced to 50 years in prison.
The United States alleges that M&I Bank participated in a related fraudulent scheme by entering, at Petters’s request, “deposit account control agreements” that promised certain of Petters’s investors that M&I Bank would monitor PCI’s depository account held at M&I Bank on their behalf and protect the proceeds of their investments with Petters. The bank representatives who signed the agreements, however, knew that the agreements in fact provided the investors with no protection and would not be performed. The United States alleges that M&I Bank’s fraudulent conduct facilitated the continuation of Petters’s scheme and resulted in millions of dollars in losses to the Petters investors who signed the fraudulent agreements.
“People who commit white collar crimes often use the banking system to facilitate those crimes,” U.S. Attorney Scott said. “This significant civil penalty underscores the Department of Justice’s continued commitment to use all of the tools at our disposal to hold accountable financial institutions that participate in wrongful activity.”
This investigation was initiated by a whistleblower declaration submitted to the Eastern District of California and the whistleblower will receive a share of this settlement, as provided for in the Financial Institutions Anti-Fraud Enforcement Act. Assistant U.S. Attorneys Colleen M. Kennedy and Kelli L. Taylor represented the United States in this matter.
The claims settled by this agreement are allegations only, and there has been no determination of liability. The settled claims relate exclusively to conduct by M&I Bank prior to its acquisition by BMO Harris in 2011.
Attorney General Sessions Announces New Chicago Gun Crimes Prosecution Team, Files Brief to Stop Dangerous Consent DecreeRead the Press Release
Following an order from President Trump, Attorney General Jeff Sessions today announced that he is providing more resources for law enforcement in Chicago and filing a brief opposing a proposed consent decree on Chicago police.
“Public safety, security and order are the fundamental responsibility of the executive branches of our state, local and federal governments,” Attorney General Sessions said. “This constitutional duty rests primarily, for large cities, on their police departments. These departments are composed of some of our finest citizens who daily display courage, respect for law, judgment, and integrity. It is these officers who stand between crime and security. There is one government institution, and one alone, that has the ability to make Chicago safer—that is the Chicago Police Department. Our goal should be to empower it to fulfill its duties, not to restrict its proper functioning or excessively demean the entire Department for the errors of a few. Make no mistake: unjustified restrictions on proper policing and disrespect for our officers directly led to this tragic murder surge in Chicago.
“At a fundamental level, there is a misperception that police are the problem and that their failures, their lack of training, and their abuses create crime. But the truth is the police are the solution to crime, and criminals are the problem. The results of the ACLU settlement in November 2015, as revealed by Judge Cassel’s study, established this fact dramatically, conclusively, and most painfully for the City of Chicago. When police are restrained from using lawfully established policies of community engagement, when arrests went down, and when their work and character were disrespected, crime surged. There must never be another consent decree that continues the folly of the ACLU settlement.”
On October 8, 2018, President Trump directed Attorney General Sessions to work with local law enforcement to help Chicago police officers do their jobs and reduce violent crime.
Pursuant to the President’s order, Attorney General Sessions is sending five additional violent crime prosecutors to Chicago. With these additional resources, United States Attorney for the Northern District of Illinois John Lausch is creating a Gun Crimes Prosecution Team that will focus on investigating and prosecuting gun cases from the most violent neighborhoods in Chicago. Working with state and local law enforcement, this new unit will help ensure that Chicago’s most dangerous criminals are charged quickly after arrest and prosecuted, disrupting the cycle of violence in the neighborhoods most in need.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) will assign five Violent Crime Coordinators (VCCs) to U.S Attorney Lausch’s Project Safe Neighborhoods team. These experienced VCCs will join the existing ATF VCC in Chicago in the daily review of firearm arrests and seizures in the city to ensure the most violent firearm offenders are promptly and effectively prosecuted in federal court.
In June 2017, Attorney General Sessions created the Chicago Crime Gun Strike Force, a permanent team of 21 additional permanent ATF special agents, six intelligence research specialists, 12 task force officers from the Chicago Police Department, two task force officers from the Illinois State Police, and four ballistics specialists who are focused on the most violent offenders in the most violent areas. Working with the Chicago Police Department, the Strike Force has enhanced substantially firearms enforcement in the City of Chicago.
Since the Strike Force began operation, ATF firearm arrests in Chicago have increased by 24.6 percent; ATF firearm seizures/recoveries have increased by 45.8 percent, and CPD has increased firearm seizures by 11.3 percent. As of September 2018, violent crime has been reduced in all four police districts where the Strike Force has been assigned, including a 49 percent decrease in homicides in the Seventh District and a 37 percent decrease in shootings in the Ninth District.
On October 9, Attorney General Sessions announced that the Department of Justice will file a statement of interest in the state of Illinois’ lawsuit against Chicago over its policing policies. The statement of interest seeks to prevent the imposition of a consent decree on Chicago’s police officers.
After Chicago reached a settlement with the ACLU in 2015 and the settlement went into effect in January of 2016, the use of Terry stops in Chicago declined by 75 percent. Chicago police made 24 percent fewer arrests in 2016 than they made in 2015, and about half as many arrests as they made in 2011.
In 2016, Chicago saw the biggest single-year increase in the murder rate in at least 60 years, with murders 68.5 percent above the previous 10-year average. More people were killed in Chicago in 2016 than in any of the previous 20 years. More people were murdered in Chicago in 2016 than in New York and Los Angeles combined—even though Chicago has one-fifth of the population of those two cities. An estimated 22 percent of the nationwide increase in homicide in 2016 happened in Chicago alone.
Chicago’s agreement with the ACLU remains in effect.
In August 2017, the state of Illinois sued Chicago, alleging the use of excessive force and racially biased policing. In September 2018, Illinois and Chicago submitted a proposed consent decree to the United States District Court for the Northern District of Illinois for approval. The court has provided a public comment period on the proposed consent decree, which is set to close on October 12.
Today the Department has filed a statement of interest in this lawsuit, commenting that there is no need for a consent decree on the Chicago Police Department, let alone the consent decree the parties have proposed.
The Department’s Statement of Interest argues that the proposed consent decree would deprive local, democratically accountable officials of the flexibility they need to ensure the safety of the people of Chicago. Specifically, the Statement of Interest explains that the proposed consent decree (1) is not narrowly tailored to remedy specific violations of federal law; (2) unfairly inhibits the Chicago Superintendent of Police—who is accountable to the elected Mayor—from exercising his duty to administer the Chicago Police Department; (3) turns over long-term budgetary control of the Chicago Police Department to the federal court and the proposed Monitor, and (4) uses vague or subjective terms to define key metrics for compliance.
The Statement of Interest “asks the court not to enter the Proposed Consent Decree but, rather, to allow state and local officials—and Chicago’s brave front-line police officers—to engage in flexible and localized efforts to advance the goal of safe, effective, and constitutional policing in Chicago.”
On March 31, 2017, Attorney General Sessions ordered a review of the Department’s existing or proposed consent decrees to ensure that they fully and effectively promote public and officer safety, uphold civil rights, and respect the honorable work of law enforcement officers.
Arizona Man Sentenced on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Todd Sinclair, 50, of Cape Creek, AZ, who was convicted of being an unlawful user of a controlled substance in possession of a firearm, was sentenced to serve 12 months and a day in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that between November 1, 2015, and January 8, 2016, the defendant was unlawfully using heroin. During that time, Sinclair, an employee of the Federal Bureau of Investigation, possessed a Glock handgun. The defendant was subsequently terminated by the FBI.
Today’s sentencing is the result of an investigation by the Department of Justice Office of the Inspector General, under the direction of Special Agent-in-Charge Guido Modano, New York Field Office.
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Akron man indicted for having firearms, fentanyl, heroin and methamphetamineRead the Press Release
An Akron man was indicted for having firearms and dealing fentanyl, heroin and methamphetamine.
Carl Hundley, Jr., 45, was charged in a five-count indictment with being a felon in possession of firearms and ammunition, distribution of fentanyl, heroin and methamphetamine.
Hundley on April 10 possessed fentanyl and heroin. He also had a Ruger pistol, a Taurus revolver and ammunition, despite previous convictions for trafficking heroin and other crimes, according to the indictment.
Hundley on Aug. 9 possessed fentanyl and methamphetamine, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique
to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offenses and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation preceding the indictment was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Jason Katz.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
10 Defendants Indicted for Gun TraffickingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a superseding indictment charging Titus Thompson, Jr., 33, of Buffalo, NY, Deonte “Terry” Cooper, 23, Ricky Turner, 48, Argentis Albino Herrera, 24, Diones Bowens, 22, Shane Shumaker, 31, Victoria Orlando, 36, Vicky Hoffstetter, 37, Koree Runyan, 24, and Jenna Ann Redding, 31, all of Ashtabula, Ohio, with conspiracy to commit firearms offenses. The charge carries a maximum penalty of five years in prison. In addition, defendant Thompson was charged with unlawfully dealing in firearms, being a felon in possession of firearms and ammunition, using and maintaining a drug-involved premises, and possession of firearms in furtherance of drug trafficking, which carry a mandatory minimum penalty of five years in prison and a maximum of 20 years.
Assistant U.S. Attorney Emmanuel O. Ulubiyo, who is handling the case, stated that according to the superseding indictment and a previously filed complaint, on May 18, 2018, the Bureau of Alcohol, Tobacco and Firearms and Explosives and the Buffalo Police Department executed a search warrant at 89 Parkridge Avenue in Buffalo in the upper and lower apartments which are utilized by Titus Thompson. During the search, agents recovered a .40 caliber pistol and a 9mm pistol in the upper apartment as well as several firearms in the lower apartment. Thompson has two previous felony convictions. As a result, the defendant is legally prohibited from possessing firearms.
Titus’s arrest was the result of an ongoing investigation into the trafficking of firearms from the State of Ohio to Buffalo. Between November 2017 and May 2018, the defendants were involved in the purchase in Ohio and transport to Buffalo of 100 firearms. 10 of those firearms have been recovered in Buffalo, and another firearm was recovered in Youngstown, Ohio.
In connection with the purchase of these firearms, defendants Cooper, Turner, Herrera, Bowens, Shumaker, Orlando, Hofstetter, Runyan, and Redding falsely represented on an ATF Form 4473 that they were the actual purchaser of the firearm, when, in fact, the defendants purchased the firearms for Ricky Turner and Robert L. Williams, Jr., who has also been indicted in connection with this case.
Defendant Thompson is also accused of selling the illegally purchased firearms.
The superseding indictment is the result of an investigation by Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Thursday 11 October 2018
William McFarland Sentenced to 6 Years in Prison in Manhattan Federal Court for Engaging in Multiple Fraudulent Schemes and Making False Statements to A Federal Law Enforcement AgentRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that WILLIAM McFARLAND was sentenced today in Manhattan federal court to 6 years in prison for the following criminal conduct to which he had pled guilty: one count of wire fraud in connection with a scheme to defraud investors in a company controlled by McFARLAND, Fyre Media Inc. (“Fyre Media”), as well as its subsidiary (“Fyre Festival LLC”), which was formed to organize a music festival over two weekends in the Bahamas; one count of wire fraud in connection with a scheme to defraud a ticket vendor for the Fyre Festival; one count of wire fraud, in connection with his operation of a sham ticket scheme in which he purported to sell tickets to exclusive fashion, music, and sporting events though NYC VIP Access, a company controlled by McFARLAND; one count of bank fraud for writing a check with the name and account number of one of his employees without authorization; and one count of making false statements to a federal law enforcement agent in which McFARLAND, among other things, falsely denied the wire fraud and bank fraud conduct to which he pled guilty. McFARLAND pled guilty on March 6, 2018 and July 26, 2018 before U.S. District Judge Naomi Reice Buchwald, who imposed today’s sentence.
Manhattan U.S. Attorney Geoffrey Berman said: “Billy McFarland has shown a disturbing pattern of deception, which resulted in investors and customers losing over $26 million in two separate fraud schemes. As he had previously admitted, Billy McFarland did not deliver on his promises to his investors and customers. Today, McFarland found out the hard way that empty promises don’t lead to jet-setting, champagne, and extravagant parties – they lead to federal prison.”
According to the allegations in the Complaints and the First and Second Superseding Informations to which McFARLAND pled guilty, as well as statements made in court proceedings:
McFARLAND was the founder and chief executive officer of Fyre Media. In 2016, McFARLAND started Fyre Media to build a digital application that would allow individuals organizing commercial events, such as concerts, to bid for artist and celebrity bookings at such events. From at least in or about 2016, up to and including in or about May 2017, McFARLAND conducted a scheme to defraud individuals by inducing them to invest millions of dollars in Fyre Media. Through this scheme, McFARLAND caused losses to at least 80 victim-investors, totaling more than $24 million dollars.
In furtherance of the scheme, McFARLAND repeatedly made materially false statements to investors about Fyre Media’s revenue and income, and manipulated Fyre Media’s financial statements and supporting documentation to hide Fyre Media’s true financial condition. For example, McFARLAND represented to investors that Fyre Media had earned millions of dollars of revenue solely from talent bookings; a review of Fyre Media’s records showed that those numbers were significantly overstated. McFARLAND also provided falsified income statements to investors that purported to show that from approximately April 2016 to February 2017, Fyre Media had earned millions of dollars in income from talent bookings. In reality, Fyre Media’s income from talent bookings from approximately May 2016 to April 2017 was only $57,443. In addition, McFARLAND provided falsified documents to investors showing over 2,500 confirmed talent bookings in a single month when, in fact, there were only 60 confirmed talent bookings in the entire year.
McFARLAND repeatedly made misrepresentations to investors designed to overstate Fyre Media’s financial condition and stability. For example, McFARLAND told investors that a reputable venture capital firm (the “VC Firm”) had completed its due diligence process and had decided to invest in Fyre Media. To the contrary, a VC Firm employee communicated to McFARLAND that the VC Firm would not invest in Fyre Media without first completing its due diligence, which the VC Firm had not done due to McFARLAND’s failure to provide many of the requested Fyre Media documents.
In late 2016, McFARLAND established a subsidiary, Fyre Festival LLC, to hold a music festival called the “Fyre Festival” over two weekends in the Bahamas. McFARLAND made repeated misrepresentations to investors with respect to their investments in Fyre Festival LLC. McFARLAND overstated the Festival’s receivables that he used as collateral for numerous investments to cover Festival expenses. McFARLAND also secured numerous investments in Fyre Festival LLC by claiming that investors would have the rights to payouts from Festival event cancellation insurance policies when, in reality, no event cancellation insurance policies had been executed for the Festival. Ultimately, the Festival was canceled and widely deemed to have been a failure.
McFARLAND also repeatedly made materially false statements to investors about his own financial condition. For example, in order to induce several investors to make an investment in Fyre Media, McFARLAND provided an altered stock ownership statement to inflate the number of shares he purportedly owned in a publicly traded company to make it appear that McFARLAND could personally guarantee the investment. In addition, despite the fact that McFARLAND’s applications to two banks (“Bank-1” and “Bank-2”) for millions in personal loans had not been approved, McFARLAND misrepresented to investors that the monies from those bank loans could serve as collateral for their investments. On one occasion, McFARLAND sent an investor a snapshot of an email purporting to be from a Bank-1 banker (“Banker-1”) to McFARLAND approving a $3 million dollar loan. Not only had Banker-1 not sent that email, Bank-1 had not approved McFARLAND’s loan application.
McFarland also made materially false statements to certain of Fyre Media’s investors about Magnises, a credit card and private club for millennials that was founded and run by McFARLAND. McFARLAND told certain of Fyre Media’s investors that he had sold Magnises for approximately $40 million and made a profit of several million dollars personally from the sale, when in reality, McFARLAND had not sold Magnises. McFARLAND also falsely stated to certain of Fyre Media’s investors that specific individuals were the acquirers of Magnises, when in fact, they were not. McFarland also falsely stated to certain of Fyre Media’s investors that a group of acquiring partners were forming a new company to purchase Magnises, when in fact, no such group existed.
In or about April 2017, McFARLAND defrauded a ticket vendor (“Vendor-1”) by inducing Vendor-1 to pay $2 million for a block of advance tickets for future Festivals over the next three years. McFARLAND also provided Vendor-1 with a fraudulent income statement for Fyre Media that grossly inflated the Company’s revenue and income.
On March 6, 2018, McFARLAND pled guilty before Judge Buchwald to one count of wire fraud in connection with a scheme to defraud over 80 investors in Fyre Media and Fyre Festival LLC of over $24 million, and one count of wire fraud in connection with a scheme to defraud a ticket vendor for the Fyre Festival of $2 million, in the case captioned United States v. William McFarland, 17 Cr. 600 (NRB). In connection with that case, McFARLAND was on pretrial release from July 1, 2017, to June 12, 2018.
Subsequently, from late 2017 through March 2018, McFARLAND owned and operated NYC VIP Access, a company based in New York, New York. NYC VIP Access purported to be in the business of obtaining and selling for profit tickets to various exclusive events such as fashion galas, music festivals, and sporting events, including the following events, among others: the 2018 Met Gala, Burning Man 2018, Coachella 2018, the 2018 Grammy Awards, Super Bowl LII, and a Cleveland Cavaliers game and team dinner with Lebron James. McFARLAND, while on pretrial release, perpetrated a scheme to defraud attendees of the Fyre Festival, former customers of Magnises (another company operated by McFARLAND), and other customers by soliciting them to purchase tickets from NYC VIP Access to these exclusive events when, in fact, no such tickets existed.
In furtherance of the fraudulent ticket scheme and to conceal his involvement in NYC VIP Access, McFARLAND took steps to make NYC VIP Access appear as it if were controlled and operated by other individuals. For example, in soliciting ticket sales, McFARLAND used an email account in the name of a then-employee (“Employee-1”) and a fake employee (the “Fake Employee”) to communicate with customers. In addition, McFARLAND did not personally meet or speak with customers. Instead, at the direction of McFARLAND, Employee-1 met and spoke with customers to solicit ticket sales. McFARLAND also directed Employee-1 to sign the contracts between NYC VIP Access and the customers for the sham ticket sales.
McFARLAND also took steps to conceal his receipt of the proceeds from the scheme. For example, McFARLAND arranged for customer payments to be made by wire transfer, or through a payment processor, to bank accounts to which McFARLAND or his associates had access, including bank accounts belonging to Employee-1 and McFARLAND’s driver (the “Driver”). Alternatively, McFARLAND used mobile payment service accounts belonging to other NYC VIP Access employees to receive customers’ payments for tickets. Employee-1, the Driver, and other NYC VIP Access employees then provided the ticket sale proceeds to McFARLAND in cash. After McFARLAND induced customers to pay for the tickets, McFARLAND either did not provide tickets at all, or did not provide tickets as advertised. Altogether, McFARLAND obtained approximately $150,000 in fraudulent ticket sales from at least 30 customer-victims of NYC VIP Access.
In or about March 2018, McFARLAND provided a forged check in the name of Employee-1 to the Driver, which the Driver attempted to deposit into the Driver’s bank account and would have resulted in the unauthorized withdrawal of funds from Employee-1’s bank account.
On or about June 20, 2018, in an in-person interview with a federal law enforcement agent about his involvement in NYC VIP Access, McFARLAND falsely stated, among other things, that (i) McFARLAND did not think that he would defraud customers from his prior businesses, Magnises and Fyre Festival, when he solicited them to buy tickets for NYC VIP Access; and (ii) Employee-1 authorized McFARLAND to write a check from Employee-1’s bank account for $25,000 in the name of Employee-1 to the Driver for the Driver to deposit into the Driver’s bank account.
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McFARLAND, 26, of New York, New York, was sentenced to 6 years in prison, to be followed by 3 years of supervised release, and a $500 special assessment. Judge Buchwald also ordered McFARLAND to forfeit $26,191,306.28.
Mr. Berman praised the outstanding investigative work of the FBI’s New York Field Office, and thanked the U.S. Securities and Exchange Commission for its assistance.
The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant United State Attorney Kristy J. Greenberg is in charge of the prosecution.
Wapato Man Sentenced to 25 Years in Federal Prison for Voluntary Manslaughter and Assault with Intent to Commit MurderRead the Press Release
Yakima – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Deryk Alexander Donato, age 25, of Wapato, Washington, and an enrolled member of the Yakama Nation, was sentenced today after having pleaded guilty on February 21, 2018, to Voluntary Manslaughter, Assault with Intent to Commit Murder, and Discharge of a Firearm During a Crime of Violence. United States District Judge Stanley A. Bastian sentenced Donato to an aggregate 25-year term of imprisonment, to be followed by a 5-year term of court supervision after he is released from federal prison.
According to information disclosed during court proceedings, in the early morning hours of July 7, 2017, a young man was shot and killed outside his residence in Wapato, Washington. According to a witness, the victim was shot after speaking with individuals who pulled up to the house in a sport utility vehicle. As the victim walked away, an occupant in the vehicle exited and began shooting at the victim. Investigators arrived on scene and interviewed a witness who heard someone yell “Bomber” or “No, Bomber.” Although unable to see the assailant’s face, the witness was able to give law enforcement officers a description of the shooter’s clothing. The victim, also an enrolled member of the Yakama Nation, died on scene.
Not long after this incident, the driver of a vehicle was shot in the shoulder by an assailant during an attempted carjacking near White Swan, Washington. The assailant fled on foot. The victim of this shooting was also an enrolled member of the Yakama Nation. While being interviewed by law enforcement, witnesses identified Donato as the shooter and said he used the nickname “Bomber.” Witnesses also provided a description of the clothing Donato was wearing during the attempted carjacking. Their descriptions matched the description of the clothing worn by the Wapato shooter.
As part of the investigation, officers interviewed one or more of Donato’s acquaintances who stated they saw Donato with a rifle near the time of the shooting incidents and asked him why he had a rifle. Donato told his acquaintances they would find out tomorrow and gave them a round of ammunition. Law enforcement obtained this round of ammunition to compare it with spent rounds of ammunition recovered from both shooting scenes. As a result of forensic examination, investigators were able to link the spent rounds of ammunition recovered at the shootings to Donato.
During sentencing proceedings, Judge Bastian commented that Donato “remained in a violent state of mind and continued to assault people with no apparent reason.” In imposing a 25-year term of imprisonment, Judge Bastian observed that Donato showed “no indication” he was “ever prepared to follow the law.”
United States Attorney Harrington said, “This case is another example of the excellent work that can be accomplished when federal, state, tribal and local law enforcement officers work together. The officers should be immensely proud of their investigative efforts. The United States Attorney’s Office for the Eastern District of Washington, the Federal Bureau of Investigation, and the Yakama Nation Tribal Police Department, Yakima County Sheriff’s Office, and Wapato Police Department are committed to investigating and prosecuting violent crimes occurring in the exterior boundaries of the Yakama Nation. We will continue our efforts to hold violent offenders accountable for their crimes.”
This case was prosecuted under the Project Safe Neighborhoods (PSN) program. PSN is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. The U.S. Attorney’s Office is partnering with federal, state, local, and tribal law enforcement to specifically identify the criminals responsible for violent crime in the Eastern District of Washington and pursue criminal prosecution.
This case was investigated by the Yakima Resident Office of the Federal Bureau of Investigation, the Yakama Nation Tribal Police Department, and the Wapato Police Department. This case was prosecuted by Ian L. Garriques, an Assistant United States Attorney for the Eastern District of Washington.
Virginia Man Sentenced to 35 Years in Prison for Producing and Distributing Child PornographyRead the Press Release
A Manassas Park, Virginia man was sentenced today to 35 years in prison and a lifetime of supervised release for producing and distributing child pornography, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia, and Assistant Director in Charge Nancy McNamara of the FBI’s Washington Field Office announced.
Michael Gerald Moody, 44, a delivery driver for a frozen foods company, was sentenced by U.S. District Judge Liam O’Grady of the Eastern District of Virginia.
“Michael Moody sexually abused a child and used mobile devices and encrypted messaging applications to create and distribute images of that abuse over the internet,” said Assistant Attorney General Benczkowski. “Thanks to the tremendous efforts of the prosecutors, agents, and local law enforcement who worked on this case, Moody will spend many years in prison and his victim has received some measure of justice for the trauma Moody so callously inflicted.”
“The facts underlying this case show that Moody is a predator who poses a singular danger to children,” said U.S. Attorney Terwilliger. “I applaud the swift and dedicated work of the FBI and the Manassas Park Police Department, which was essential to ensuring that Moody will stay far away from any minors for a long time. With the assistance of our state and local partners, our office will continue to zealously prosecute anyone who commits these horrible crimes against children in the Eastern District of Virginia.”
“Sexual predators are turning to different social media platforms and the internet to exploit innocent children,” said Assistant Director in Charge McNamara. “Today's sentencing should serve as a warning to those who try to hide their illegal activities behind technology. Criminals who think they are acting anonymously to advertise, distribute, possess and trade child pornography will be found and held accountable. Our children must be protected from these predators.”
According to court documents, between 2017 and February 2018, Moody used a child to engage in sexually explicit conduct and he captured numerous images of that conduct with his cellular phone. In addition, Moody engaged in text chats with other individuals through the online messaging application Kik Messenger. These chats principally focused on the exchange of child pornography and discussions of the sexual abuse of children. In the course of these chats, Moody distributed child pornography—including images that he himself produced, as well as other images—to at least eight other individuals.
The case was investigated by the FBI with the assistance of the Manassas Park Police Department. Trial Attorney Kyle P. Reynolds of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Jay V. Prabhu of the Eastern District of Virginia prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
U.S. Attorney Shappert Announces a Project Safe Neighborhoods Upcoming Community Involvement Meeting at the Bovoni Community Center on October 19th at 5:30PMRead the Press Release
U.S. Attorney Gretchen C.F. Shappert announced that the U.S. Attorney’s Office, federal and local law enforcement partners, and members of the USVI’s Project Safe Neighborhoods Task Force will participate in a community involvement meeting at the Bovoni Community Center on St. Thomas at 5:30 p.m., Friday, October 19th. The purpose of the meeting is to provide community members with an opportunity to share their ideas and concerns about public safety. Shappert and representatives from the law enforcement community will also discuss the U.S. Justice Department’s Project Safe Neighborhoods initiative, as well as human trafficking, public safety and other community concerns. According to U.S. Attorney Shappert, "Project Safe Neighborhoods is a critical component of our crime reduction strategy, and this year, we are focusing our efforts on the Bovoni Community. We believe that hearing feedback from the people who live in Bovoni is the first step to identifying issues and formulating effective strategies. PSN is a tested and proven way to invest in our communities and foster vital partnerships." Shappert noted that the Department of Justice has allocated resources to the U.S Virgin Islands to expand the PSN program. "PSN enables the United States Attorney’s Office, together with our law enforcement partners, to target and prioritize criminal prosecutions of the most violent offenders in the most violent locations." Shappert emphasized that the October 19th meeting is only one of several outreach activities planned in the next few months as part of the PSN initiative.
For more information about Project Safe Neighborhoods, go to the U.S. Attorney’s Office website at www.justice.gov/usao-vi.
U.S. Attorney Reminds Residents to Report Fraud After DisastersRead the Press Release
After any natural disaster, scam artists come out of the woodwork to exploit people at a vulnerable time – stealing their money and their identity and often preventing them from getting the real help they need.
In the wake of Hurricane Katrina in 2005, the U.S. Department of Justice established the National Center for Disaster Fraud (NCDF), a national coordinating agency that improves detection, prevention, investigation and prosecution of fraud related to natural and man-made disasters, to serve as an advocate for victims of fraud, and to dissuade potential fraudsters. The NCDF serves as a centralized clearinghouse for disaster fraud complaints and provides a nationwide call center that takes calls from members of the public and encourages them to report all types of disaster fraud.
“The aftermath of any disaster is a difficult enough time for families without being faced with the stress of dealing with rip-off artists looking for ways to steal their money,” said U.S. Attorney Bobby L. Christine. “Residents should report any potential fraud not only so we can put a stop to the fraudsters, but also so we can protect other citizens from them.”
Members of the public are reminded to be extremely cautious before providing personal identifying or financial information to anyone, especially those who may contact you after a natural disaster. They are also reminded to report suspected waste, fraud, abuse, or allegations of criminal conduct. If members of the public believe they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, they are strongly encouraged to contact the National Center for Disaster Fraud Hotline toll free at 866-720-5721.
The telephone line is staffed by live operators 24 hours a day, seven days a week. To learn more about the NCDF please visit the website at www.justice.gov/disaster-fraud and watch a public service announcement here.
U.S. Attorney Mike Hurst Announces Significant Progress in Making our Communities Safer through Project Safe Neighborhoods and Project EJECTRead the Press Release
Jackson, Miss. - In October 2017, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods ("PSN"), which Attorney General Jeff Sessions has made the centerpiece of the Department’s violent crime reduction strategy. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders, and partners with locally-based prevention and reentry programs for lasting reductions in crime.
Throughout the past year, the U.S. Attorney’s Office has partnered with all levels of law enforcement, faith-based organizations, non-profits, neighborhood associations, and members of the community to reduce violent crime and make our neighborhoods safer for everyone.
"Project Safe Neighborhoods is a proven program with demonstrated results," Attorney General Jeff Sessions said. "We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs. I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face. Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities."
"Project EJECT has positively impacted the City of Jackson. By working together, we have taken almost 100 criminals and numerous illegal guns off our streets in less than a year, empowered our citizens through education and feedback, and reduced violent crime in our Capitol City by over 16% since this time last year. I want to commend the Jackson Police Department, FBI, ATF, Hinds County District Attorney’s Office, other federal and state law enforcement partners, and our non-law enforcement allies, as this unprecedented partnership has had a significant, positive effect on the lives of our citizens. In the months ahead, the U.S. Attorney’s Office will expand our fight against violent crime throughout the rest of the Southern District of Mississippi and tirelessly work to keep our communities safe," said U.S. Attorney Hurst.
"If we expect Jackson and the surrounding metropolitan area to be a viable option for our children and their future, then we need to work diligently to reduce not only violence in general but violence committed with a firearm," said Christopher Freeze, Special Agent in Charge of the FBI’s Jackson Division. "We will leverage the full resources of the FBI to provide a long term solution to dramatically reduce violent crime in the city of Jackson, and create a safer place today and for our children in the future."
"ATF is committed to reducing violent crime in our neighborhoods, and we accomplish this through strong partnerships with our federal, state, local partners and the community all working together to ensure the safety of our streets, our families and our children," said ATF New Orleans Special Agent in Charge Dana Nichols. "The message and mission today is very clear. We will no longer tolerate the senseless violence and criminal activity in our communities. Everyone wants and deserves to live in a safe neighborhood."
"Project EJECT inflicted a debilitating blow to the network of drug traffickers and violent criminals in the city of Jackson and beyond. This year-long project continues a deliberate and strategic effort to cut off and shut down the supply of drugs and guns entering our city and is a milestone in our tireless assault on these violent drug traffickers. The results of Project EJECT clearly demonstrate the combined strength that federal, state, and local agencies, both in law enforcement and civilian, bring to bear in the battle to keep our neighborhoods safe," said DEA Assistant Special Agent in Charge J. Derryle Smith.
"Our office has received more support under the administration of President Donald J. Trump than any other administration. The Hinds County District Attorney looks forward to a continued, healthy partnership to enhance the quality of life, welfare and safety of the citizens of Hinds County, Mississippi," announced Hinds County District Attorney Robert Shuler Smith.
As we celebrate the one-year anniversary of the revitalized PSN program, here are some of the highlights of the U.S. Attorney’s Office’s PSN actions over the past year:
I. Enforcement Actions
On December 7, 2017, the U.S. Attorney’s Office formally launched Project EJECT with approximately 70 leaders from law enforcement, faith-based groups, nonprofits, neighborhood associations, and businesses, as well as concerned citizens. Project EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime in Jackson through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Jackson Expel Crime Together."
• In less than one year, the U.S. Attorney’s Office has made significant strides in fighting and reducing violent crime throughout the City of Jackson:
o Almost 100 individuals have been indicted and arrested for various federal crimes in and around Jackson, ranging from carjacking to illegally possessing firearms to robbing local businesses
o Almost half (48) of those indicted have already pled guilty or been found guilty
o Approximately 98% percent of those arrested have been detained while awaiting trial
o Sentencings for these criminals have ranged from 13 to 320 months, with the average sentence being 75 months (over 6 years in federal prison).
• In June 2018, the U.S. Marshals Service’s Gulf Coast Regional Fugitive Task Force and its law enforcement partners completed a six-week-long violence reduction initiative in the Southern District of Mississippi known as "Operation Triple Beam," resulting in the arrests of 270 individuals for various crimes, including approximately 90 gang members, as well as the seizure of 50 firearms, including military style assault rifles, illegal narcotics valued at approximately $7,500, and approximately $26,000 in cash. This was the first time the U.S. Marshals had ever conducted an Operation Triple Beam throughout an entire U.S. Attorney’s district and, at the time, was believed to be one of the most successful Operation Triple Beams of this scale that the Marshals had ever executed since the program began in 2010.
II. Community Partnerships and Engagement
The U.S. Attorney’s Office has made it a priority to empower and engage various communities in Jackson by bringing prevention presentations to high school kids, hosting town hall meetings around the City, and partnering with schools to read and tutor to elementary kids.
• Assistant U.S. Attorneys and special agents have been presenting the L.E.A.D. ("Legal Enrichment and Decision Making") Program in various Jackson public high schools and after-school clubs. The L.E.A.D. Program is an initiative to teach children that the choices they make today can affect their lives and the lives of others forever. At the end, youth signed a "Students Against Gun Violence" pledge, whereby students promised never to bring a gun to school, never to use a gun to settle a personal problem or dispute, and to use their influence to keep friends from settling disputes with guns.
• The United States Attorney’s Office, along with its law enforcement partners, held several town hall meetings throughout the City of Jackson to discuss Project EJECT and solicit input from the community.
• Employees of the U.S. Attorney’s Office are partnering with a local church through its "Book Buddy" Program to tutor third graders at a local Jackson elementary school.
III. Improvements to Community Safety
• Despite two consecutive, historic increases in violent crime from 2014-2016, the FBI’s official crime data for 2017 reflects that, in the first year of the Trump Administration, the nationwide violent crime rate began to decline. The nationwide violent crime rate decreased by approximately one percent in 2017, while the nationwide homicide rate decreased by nearly one and a half percent.
• The preliminary information we have for 2018 gives us reason for optimism that our efforts are continuing to pay off. Public data from 60 major cities show that violent crime was down by nearly five percent in those cities in the first six months of 2018 compared to the same period a year ago.
• According to recent COMSTAT reports from the Jackson Police Department, dated September 16, 2018, the violent crime rate in the City of Jackson has fallen 16.6% since this time last year. Based on these COMSTAT numbers, since this time last year, there were:
o 131 fewer aggravated assaults (down 7.2%)
o 87 fewer armed robberies (down 23.2%)
o 41 fewer carjackings (down 58.6%)
o 26 fewer rapes (down 28.3%)
• Attorney General Sessions awarded the U.S. Attorney’s Office for the Southern District of Mississippi 5 new federal prosecutors, 4 of whom will specifically tackle violent crime throughout the district and one whom will focus on affirmative civil enforcement. These new prosecutors, who are just now coming on board, will allow the U.S. Attorney’s Office to greatly expand its crime fighting efforts throughout the entire district.
• The Department of Justice recently awarded the U.S. Attorney’s Office for the Southern District of Mississippi $177,361 in grant funding to continue combatting violent crime under PSN.
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.
Two indicted for illegally re-entering the U.S. after numerous deportationsRead the Press Release
Two people from Honduras were indicted for illegally reentering the United States.
Yoselin Gomez-Valle, 30, was found in Ohio on Sept. 7 after having been deported three previous times, according to the indictment.
Yeris Gomez-Arguijo, 32, was found in Ohio on Sept. 7 after having been deported four previous times, according to the indictment.
If convicted, the defendant's sentence will be determined by the Court after reviewing factors unique to this case, including the defendant's prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigating agency in this case is the United States Border Patrol out of Sandusky. The case is being handled by Assistant U.S. Attorney Ashley A. Futrell.
An indictment is only a charge and is not evidence of guilt. The defendant is entitled to a fair trial in which it will the government’s burden to prove guilt beyond a reasonable doubt.
Two Sacramento Men Indicted for Distributing Cocaine and Marijuana on Dark Web MarketplacesRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned an eleven-count indictment today against Eddy Steven Sandoval Lopez, 22, and Deshari Saivohn Frederick, 21, both of Sacramento, charging them with distributing controlled substances, conspiracy, and use of a firearm in furtherance of drug trafficking, United States Attorney McGregor W. Scott announced.
According to court documents, Sandoval Lopez and Frederick sold cocaine and marijuana to customers throughout the country under the vendor names "CokeWave," "SafeDealsDirect," and "HerbanFarmer" on Dream Market, a dark-web marketplace. Agents conducted numerous undercover purchases of cocaine and marijuana from these vendor accounts. Physical surveillance and postal records revealed that Sandoval Lopez and Frederick were responsible for packaging and mailing these parcels. Agents searched the defendants' residences on October 2, 2018, and found bulk marijuana, packaged cocaine, and a stolen Ruger handgun.
This case was the product of an investigation by the Northern California Illicit Digital Economy ("NCIDE") Task Force, consisting of agents from Homeland Security Investigations, the Federal Bureau of Investigation, the United States Postal Inspection Service, and the Drug Enforcement Administration. The NCIDE Task Force is a joint, federal task force focused on targeting all forms of dark-web and cryptocurrency criminal activity in the Eastern District of California. The Sacramento County Sheriff’s Department also assisted in this investigation. Assistant United States Attorneys Grant B. Rabenn and Paul A. Hemesath are prosecuting the case.
This case was brought in conjunction with the Joint Criminal Opioid Darknet Enforcement (J-CODE) Team. Established within the FBI’s Hi-Tech Organized Crime Unit, J-CODE is a U.S. Government initiative announced in January 2018, aimed at targeting drug trafficking, especially fentanyl and other opioids, on the Darknet. Building on the work initiated with the takedowns of Silk Road and AlphaBay, the FBI’s J-CODE team brings together agents, analysts, and professional staff with expertise in drugs, gangs, health care fraud, and more, and our federal, state, and local law enforcement partners from across the U.S. Government, to focus on disrupting the sale of drugs via the Darknet and dismantling criminal enterprises that facilitate this trafficking.
This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation's drug supply.
If convicted, the defendants face a maximum statutory penalty of 20 years in prison and a $1,000,000 fine for drug distribution. Frederick also faces a five-year consecutive sentence and a $250,000 fine for possessing a firearm in furtherance of drug trafficking. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Two Companies Ordered to Pay More Than $7 Million for Adulterated and Misbranded Pet Food IngredientsRead the Press Release
ST. LOUIS, MO – Two companies were sentenced in federal court today relating to their introduction of adulterated and misbranded pet food ingredients into interstate commerce.
Wilbur-Ellis Company is a California limited liability company with headquarters in San Francisco, California. The Feed Division of Wilbur-Ellis marketed and distributed products and ingredients for use in the pet food industry, including animal proteins used in the manufacture of dog food and cat food. Diversified Ingredients, Inc., a Missouri corporation with headquarters in Ballwin, Missouri, is a commodities broker, merchandiser, and distributor whose customers included a number of pet food companies and manufacturers.
“The FDA recognizes the importance of preserving the integrity of the food supply for animals,” said Charles Grinstead, Special Agent in Charge, FDA Office of Criminal Investigations’ Kansas City Field Office. “Substituting inferior ingredients in pet food is against the law, and the FDA, working with its federal and state partners, will take action as necessary to hold ingredient suppliers accountable for distributing such products.”
Wilbur-Ellis Company was sentenced by U.S. Magistrate Judge Nannette A. Baker to three years of probation and ordered to pay $4,549,682 in restitution, criminal forfeiture in the form of a money judgment in the amount of $964,442, and a fine of $1,000. Diversified Ingredients was sentenced to three years of probation and ordered to pay $1.5 million in restitution, criminal forfeiture in the form of a money judgment in an amount of $75,000, and a fine of $2,000.
On April 25, 2018, Wilbur-Ellis Company pleaded guilty to one misdemeanor count of introducing adulterated food into interstate commerce. On July 10, 2018, Diversified Ingredients pleaded guilty to one misdemeanor count of introducing adulterated food into interstate commerce and one misdemeanor count of introducing misbranded food into interstate commerce. In connection with the guilty pleas, the court was advised that pet food ingredients shipped from a Wilbur-Ellis facility in Rosser, Texas – specifically, chicken meal and turkey meal – were adulterated and misbranded through the use of cheaper substitute ingredients, such as feather meal and feed grade chicken bone by-product meal, and adulterated and misbranded by omitting premium ingredients, such as turkey meal, from products identified as turkey meal. The adulterated pet food ingredients did not pose a threat to the health or safety of any animal.
Because the defendants are organizations, they were subject to a fine and a period of probation for their offense. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
This case is being investigated by the U.S. Food and Drug Administration’s Office of Criminal Investigations, the FBI and the U.S. Postal Inspection Service. Assistant U.S. Attorneys Charles Birmingham, Gil Sison, and Kyle Bateman, Special Attorneys to the United States Attorney General, are prosecuting the case on behalf of the government.
Toledo man indicted for attempting to coerce minor into sexRead the Press Release
A Toledo man was indicted for attempting to coerce what he believed to be a 17-year-old to travel interstate to engage in sex.
Douglas Wayne Kemp, 28, was charged with one count of attempted sex trafficking of a minor and one count of attempted enticement of a minor.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the Federal Bureau of Investigation out of Toledo, Ohio. The case is being handled by Assistant U.S. Attorney Tracey Ballard Tangeman.
An indictment is only a charge and is not evidence of guilt. Defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Three-Time Convicted Felon Pleads Guilty under Project EJECT to Illegally Possessing a GunRead the Press Release
Jackson, Miss. – Randy Williams, 47, of Jackson, pled guilty yesterday before U.S. District Judge Henry T. Wingate to being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On November 6, 2016, officers with the Jackson Police Department conducted a traffic stop of a black Nissan Sentra at the intersection of Ellis Avenue and Highway 80 for a traffic violation. During the stop, the driver, Randy Williams, was found to be in possession of a .38 caliber revolver. Williams has three prior felony convictions in the Circuit Court of Hinds County, which include sexual battery, possession of cocaine, and delivery of cocaine.
Williams will be sentenced on January 8, 2019, before Judge Wingate, and faces a maximum penalty of ten years in prison and a $250,000 fine.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jackson Police Department. It was prosecuted by Assistant United States Attorney Kimberly T. Purdie.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime in Jackson through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Jackson Expel Crime Together." PSN is 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.
Sylacauga Man Sentenced to 10 Years in Federal Prison on Drug and Gun ChargesRead the Press Release
BIRMINGHAM – A federal judge today sentenced a Sylacauga man to 10 years in prison on drug and gun charges, announced U.S. Attorney Jay E. Town and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
U.S. District Judge R. David Proctor sentenced DAMON EUGENE ODEN, 40, for being a convicted felon in possession of a firearm and for possessing with intent to distribute about 12 grams of methamphetamine. A federal jury convicted Oden in June. When Sylacauga Police arrested Oden in May 2017, he was riding a bicycle and had a Hi-Point .380-caliber pistol in his pants pocket, digital scales in a backpack, and about 12 grams of methamphetamine in small plastic bags, according to court records.
“A convicted felon carrying drugs and a gun can only mean harm to the community,” Town said. “A federal jury convicted this defendant of federal crimes, so the sentence he received today is the sentence he will serve in full in federal prison.”
“This case is a good example of our law enforcement partners working with ATF’s crime gun intelligence, focused on areas where firearms are fueling violence and endangering the safety of those communities,” Watson said.
Court records relate the arrest that led to Oden’s conviction as follows:
On May 8, 2017, Sylacauga Police were patrolling an area of the city that had been experiencing vehicle break-ins when they saw Oden enter some woods on a bicycle. The officers, including Sylacauga Police Chief Kelley Johnson, stopped Oden as he came out on the other side of the woods.
As the officers approached Oden, they saw a gun in his pants pocket, which they prevented him from grabbing and then recovered. Oden was holding a plastic bag containing methamphetamine and had other bags containing methamphetamine in a pouch on his belt. He wore the backpack that held the scales.
Oden previously was convicted of felony unlawful possession of a controlled substance in January 2011 in Coosa County Circuit Court.
ATF investigated the case in conjunction with Sylacauga Police. Assistant U.S. Attorneys John B. Felton and John Geer prosecuted the case.
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Swink Man Sentenced to 180 Months, over $1M Restitution for Fraud, Federal Programs EmbezzlementRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Buck Leon Hammers, age 55, of Swink, Oklahoma, was sentenced to 108 months’ imprisonment and 3 years’ supervised release for Conspiracy to Commit Bank Fraud, in violation of Title 18, United States Code, Section 1349 and Conspiracy To Embezzle Federal Program Funds, in violation of Title 18, United States Code, Section 371. Hammers was ordered to pay restitution in the amount of $1,003,312.61.
Hammers’ jury trial began with testimony on Tuesday, February 6, 2018 and concluded on Friday, February 9, 2018 with a guilty verdict. Evidence at trial proved that from in or about June, 2010, and continuing until January 28, 2016, the exact dates unknown to the Grand Jury, the defendant, and others known and unknown to the Grand Jury, knowingly conspired, agreed, and confederated to execute and attempt to execute, a scheme and artifice to defraud First United, a federally insured national bank.
Evidence at trial further proved that from in or about June, 2010, and continuing until January 28, 2016, the exact dates unknown to the Grand Jury, the defendant, and others known and unknown to the Grand Jury, knowingly conspired, agreed, and confederated to execute and attempt to execute, a scheme and artifice to defraud Grant Schools, a public dependent school district which in each calendar year received in excess of $10,000 in federal program benefits.
The charges arose from an investigation by the Department of Education Office of Inspector General (OIG), the Internal Revenue Service (IRS), and the Federal Bureau of Investigation (FBI).
United States Attorney Brian J. Kuester said, “The successful prosecution of Buck Hammers for the fraudulent scheme that he planned and carried out is the result of thousands of hours of work by investigators and prosecutors. The Department of Education OIG, IRS, FBI, and members of this office were tireless in their efforts and their work has paid off. The defendant is being held accountable for the harm that he caused to so many. I hope this sentence gives the added benefit of being a deterrent to others in positions of trust that might consider abusing their position for personal gain as the defendant did.”
“Mr. Hammers knowingly and willfully abused his position of trust to steal education funds that were supposed to be used provide services for the most innocent of victims – school children. He is now headed to prison where he’ll have plenty of time to think about the anguish his actions had on those students, their families, and this community,” said Neil Sanchez, Special Agent in Charge of the U.S. Department of Education Office of Inspector General’s Southern Regional Office. “I’m proud of the work of Education OIG, IRS, and FBI Special Agents for holding Mr. Hammers accountable for his fraudulent actions.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Rob Wallace represented the United States. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served.
Stockton Man Indicted for Possessing Methamphetamine for Distribution and Carrying a Firearm During a Drug-Trafficking CrimeRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a three-count indictment today against Atanasio Jose Marcos Avila, 30, of Stockton, charging him with possessing methamphetamine for distribution, possessing a firearm as a felon, and possessing a firearm in furtherance of a drug-trafficking crime, United States Attorney McGregor W. Scott announced.
According to court documents, on September 22, 2018, Stockton Police responded to a call about a disturbance. When they arrived on the scene, they encountered Avila and found that his backpack contained two firearms, a box with 42 rounds of ammunition, methamphetamine, marijuana, and a digital scale. Avila cannot lawfully possess firearms or ammunition because he has a prior felony conviction.
This case is the product of an investigation by the Stockton Police Department, with special assistance from the FBI’s Stockton Safe Streets Task Force.
If convicted of possessing methamphetamine for distribution, Avila faces a maximum statutory penalty of 20 years in prison and a $1,000,000 fine. If convicted of possessing a firearm as a felon, Avila faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. If convicted of possessing a firearm in furtherance of a drug-trafficking crime, Avila faces a mandatory minimum penalty of 5 years in prison, and a maximum statutory penalty of life imprisonment and a $250,000 fine. Any sentence would be determined at the discretion of the district court after considering any applicable statutory factors and the Federal Sentencing Guidelines. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN 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.
Staten Island Man Pleads Guilty to Million-Dollar Real Estate Investment Scam Targeting Elderly VictimsRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, Yevgeniy Braziler pleaded guilty to one count of securities fraud for orchestrating a scheme to target investors, including numerous elderly victims, by selling them partnerships in fraudulent real estate companies. The guilty plea took place before United States District Judge Anne M. Donnelly.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Philip R. Bartlett, Inspector-in-Charge, United States Postal Inspection Service, New York Division (USPIS), announced the guilty plea.
Braziler and his associates promised potential investors that the real estate companies in Brooklyn that he managed would purchase, renovate, rent and re-sell residential real estate in the Buffalo and Niagara Falls, New York areas. In response to Braziler’s solicitations, investors sent him over $1.8 million. Instead of using the money for the promised purposes, Braziler stole most of the funds. For example, investors sent one of Braziler’s investment vehicles at least $978,000, but Braziler purchased only one property for at most $12,000, and took most of the remaining funds for himself and his associates. The investors lost nearly all of their money.
When Braziler is sentenced, he faces a maximum of 20 years’ imprisonment.
The government’s case is being handled by the Office’s Business and Securities Fraud Section. Assistant United States Attorney Matthew S. Amatruda is in charge of the prosecution.
The Defendant:
YEVGENIY BRAZILER
Age: 40
Residence: Staten Island, New YorkE.D.N.Y. Docket No. 17-CR-385 (AMD)
St. Louis Chiropractor Sentenced and Fined for Health Care Fraud and Bribery SchemeRead the Press Release
Mitchell Davis, DC, 50, a St. Louis chiropractor, was sentenced to 30 months imprisonment and fined $350,000 for his role in a scheme to illegally obtain confidential information from St. Louis Police Department reports with which he would solicit clients to his practice. David appeared in federal court before Chief Judge Rodney Sippel on Wednesday.
David admitted to a scheme whereby he and his wife solicited unreduced police reports in exchange for cash payments from St. Louis Police Officers who had access to the unredacted reports. The reports contained the names and personal information of individuals involved in automobile accidents in St. Louis. Davis also admitted to, once contacting and signing up patients, making false and exaggerated claims for reimbursement from health care benefit plans. As part of his sentence, Davis was ordered to pay more than $696,000 in restitution which included overpayments from insurance plans for unnecessary and unauthorized services.
Davis was the first person to be sentenced in relation to this scheme. His wife, Galina Davis and two former St. Louis Police officers, Cauncenet Brown and Terri Owens have pleaded guilty and await sentencing. Two other former St. Louis Police Officers have pleaded not guilty and await trial.
The case was investigated by the Department of Health and Human Services – Office of the Inspector General and the Federal Bureau of Investigation. The U.S. Attorney’s Office recognizes the cooperation and assistance of the St. Louis Metropolitan Police Department.
Spokane Felon Sentenced to 20 Years in Federal Prison for Drug Trafficking and Firearm PossessionRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Jason Leslie Juliano, age 46, of Spokane, Washington, was sentenced after having pleaded guilty to being a previously convicted felon in possession of a firearm and ammunition and for possessing with the intent to distribute 50 grams or more of actual methamphetamine. United States District Judge Salvador Mendoza, Jr. sentenced Juliano to an aggregate 240-month term of imprisonment, to be followed by a 10-year term of court supervision following release from Federal prison.
According to information disclosed during court proceedings, Spokane Police Department officers initiated a traffic stop after observing Juliano driving illegally. During a pat down, officers found a loaded Smith & Wesson, model M&P 40, .40-caliber semi-automatic pistol in Juliano’s waistband behind his back. Officers determined Juliano was a previously convicted felon and arrested him. After obtaining a warrant to search Juliano’s vehicle, officers found two ballistic vests, two loaded firearm magazines containing 24 rounds of .40-caliber ammunition, and a locked safe in the trunk. A search of the safe revealed 145 grams of actual methamphetamine.
Joseph H. Harrington said, “The sentences imposed send a strong message to individuals who commit drug and firearm-related crimes in the Eastern District of Washington. I commend the law enforcement officers with ATF, DEA and the Spokane Police Department for their excellent investigative work in this case.”
This case was prosecuted under the Project Safe Neighborhoods (PSN) program. PSN is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. The U.S. Attorney’s Office is partnering with federal, state, local, and tribal law enforcement to specifically identify the criminals responsible for violent crime in the Eastern District of Washington and pursue criminal prosecution.
This case was investigated by the Spokane Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the United States Drug Enforcement Administration. This case was prosecuted by Earl A. Hicks, an Assistant United States Attorney for the Eastern District of Washington.
South Bend Man Sentenced to 63 Months in PrisonRead the Press Release
SOUTH BEND – Andre Pittman, 31 years old, of South Bend, Indiana was sentenced by U.S. District Court Judge Jon E. DeGuilio, after pleading guilty to two counts of robbery affecting interstate commerce, announced U.S. Attorney Kirsch.
The Court imposed a sentence of63 months, followed by 1 year of supervised release.
According to documents in the case, Pittman robbed a cellular store on Lincoln Way West in South Bend on March 9, 2018. He also robbed a video store on Portage Avenue in South Bend on March 13, 2018. The combined cash stolen from these businesses
was $1,045.00 dollars.
This case was investigated by the FBI with assistance from the South Bend Police Department and prosecuted by Assistant United States Attorney Joel Gabrielse.
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Silver City Felon Pleads Guilty to Unlawfully Possessing FirearmsRead the Press Release
ALBUQUERQUE – Michael Scott Freeman, 42, of Silver City, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating the federal firearms laws by unlawfully possessing a firearm. The firearms at issue allegedly were stolen during a home burglary in Grant County, N.M., in Aug. 2017.
The FBI arrested Freeman on May 31, 2018, on a criminal complaint charging him with being a felon in possession of firearms in Grant County. According to the criminal complaint, the Grant County Sheriff’s Office (GCSO) responded to a home burglary in Aug. 2017, during which a number of firearms were stolen from a large gun safe. In Oct. 2017, an individual reported purchasing two firearms and additional cylinders from Freeman. The individual subsequently surrendered the firearms and cylinders to the GCSO, suspecting that the firearms and cylinders were stolen. The serial numbers and descriptions of the firearms matched the serial numbers and descriptions of two of the firearms allegedly stolen during the Aug. 2017 home burglary.
Freeman subsequently was indicted on Aug. 22, 2018, and was charged with being a felon in possession of a firearm in Grant County. According to the indictment. Freeman was prohibited from possessing firearms or ammunition between Aug. 2017 and Oct. 2017, because of his prior convictions for unlawful taking of a motor vehicle, escape, and use of a phone to terrify, intimidate or threaten.
During today’s proceedings, Freeman pled guilty to the indictment and admitted that between Aug. 19, 2017, and Oct. 31, 2017, he possessed and sold two handguns and multiple extra cylinders to another individual in Grant County. Freeman acknowledged that he was prohibited from possessing any firearms or ammunition because of his status as a convicted felon.
At sentencing, Freeman faces a maximum penalty of ten years in federal prison. Freeman remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the Grant County Sheriff’s Office with assistance from the Silver City Police Department, New Mexico State Police and the 6th Judicial District Attorney’s Office. Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office is prosecuting this case as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution offenders with the goal of making communities in New Mexico safer places for people to live and work.
Sex Offender Sentenced to Two Years in Prison for Failing to Register in IowaRead the Press Release
A convicted sex offender who lived in Iowa for approximately ten months without registering was sentenced today to two years in federal prison.
Ricky Lynn Thomas, age 62, most recently from Cedar Rapids, Iowa, received the prison term after an April 6, 2018, guilty plea to failing to register as a sex offender.
In a plea agreement, Thomas admitted he was required to register as a sex offender because he was previously convicted of second degree criminal sexual conduct involving a minor victim when living in Minnesota in 1992. Thomas moved to Iowa in March 2017, but did not register as a sex offender prior to January 18, 2018, even though he knew he was required to register. Thomas has also been convicted twice before of violating sex offender registry requirements in state court.
Thomas was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Thomas was sentenced to 24 months’ imprisonment. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system. Thomas is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the United States Marshal’s Service, the Linn County Sheriff’s Office, and the Iowa Division of Criminal Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 18-cr-10.
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Seventeen Defendants Charged in Takedown of Newark’s ‘Famous Boyz’ Street GangRead the Press Release
NEWARK, N.J. – Criminal charges against 17 members, associates, and drug suppliers of a Newark street gang that distributed heroin and crack cocaine and possessed and used firearms in furtherance of the gang’s drug trafficking activities were announced today by U.S. Attorney Craig Carpenito.
The charges are the result of a long-running wiretap investigation led by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the U.S. Attorney’s Office, in conjunction with the Drug Enforcement Administration, the Newark Police Department and numerous state and local partners. The charges include conspiracies to distribute one kilogram of heroin and/or 280 grams of crack cocaine, possession of multiple firearms in connection with drug trafficking crimes, and unlawful possession of firearms by convicted felons. (See attached chart for detailed information on defendants.)
The 14 defendants arrested today are scheduled to appear before U.S. Magistrate Judge Michael A. Hammer this afternoon in Newark federal court. Three defendants were already in custody on state charges.
“The criminal complaint unsealed today describes an active marketplace where heroin and crack cocaine are sold openly on the streets of Newark and surrounding areas and illegal firearms and threats of violence are used to protect that trade,” U.S. Attorney Carpenito said. “The wiretaps and surveillance provide a glimpse into the dangerous world these defendants have created in one neighborhood. Our office, working together with our federal and local law enforcement partners, is focusing on ridding neighborhoods of this type of activity, one gang at a time. Today’s arrests signal an important step in our continuing fight to retake our streets from violent gangs and drug dealers.”
“In conjunction with Attorney General Session’s Project Safe Neighborhoods initiative and ATF’s Violent Crime Reduction and Prevention strategy, today’s events mark the culmination of over a year of collaborative effort between ATF and our federal, state and local law enforcement partners,” ATF Special Agent in Charge John B. Devito, Newark Field Division, said. “Through the comprehensive use of Crime Gun Intelligence, law enforcement has removed a component of the criminal element that was driving violent crime in the community.”
“This joint investigation was vital in removing guns from the streets of Newark,” Valerie A. Nickerson, Special Agent in Charge of the DEA’s New Jersey Division, said. “Every gun seized has the potential to save a life. The DEA will continue to work with our other federal, state, and local law enforcement partners to have the biggest impact throughout the region.”
“A significant portion of the work of the Essex County Prosecutor’s Office is fueled by easy access to illegal guns,” Acting Essex County Prosecutor Theodore N. Stephens II said. “Whether we are dealing with homicides or street level drug deals, the availability of guns often turn relatively minor disputes into deadly clashes. Anything that we can do to trace these weapons once they have been used in a crime or stem the flow of illicit guns into the hands of criminals makes our job easier and the streets safer.”
“I applaud the outstanding work of U.S. Attorney Carpenito, Special Agent in Charge Devito of ATF, Special Agent in Charge Nickerson of the DEA, Essex County Prosecutor Stephens, Essex County Sheriff Fontoura and N.J. State Police Superintendent Callahan and their invaluable partnership in bringing these suspects into custody,” Newark Public Safety Director Anthony F. Ambrose said. “We are pleased that today’s advanced gun-tracing technology affords us the ability to link shootings occurring in the City of Newark back to those individuals suspected of using the weapons involved in committing crimes on our streets.”
According to the documents filed in this case and statements made in court:
The defendants are members and associates of the Famous Boyz – a subset of the Brick City Brims set of the Bloods street gang – which dealt significant quantities of heroin and crack cocaine, primarily in and around the area of South 18th Street and 15th Avenue in Newark, which often was referred to by the gang as the “8 Block,” “18th,” or simply by reference to the number “8.”
John Mosley was a primary source of narcotics for the Famous Boyz and often directed the gang’s drug operations. Mosley and others shared narcotics, customers, and firearms with one another in furtherance of their narcotics trafficking activities, and used juveniles to distribute narcotics and stash firearms. Patricio Hernandez and Jonathan Hernandez were among the main suppliers of crack cocaine to Mosley. Jahid Vauters supplied Mosley with heroin. During the investigation, law enforcement recovered a Smith & Wesson 9mm and a Ruger .357 firearm from Vauters’ residence, along with bricks of heroin and more than 100 grams of crack cocaine. Law enforcement continues to investigate more than a dozen shootings that are linked to a rivalry between the Famous Boyz and another Newark gang.
Heroin sold by Famous Boyz members contained a fentanyl analogue, an extremely dangerous and highly addictive substance. One of Mosley’s heroin customers actually complained about the fentanyl, telling Mosley: “I’ll be honest – cause it’s fentanyl bro, I don’t want to kill myself, you know what I’m trying to say like ….” After Mosley acknowledged, the customer then added, “I’m just trying to fucking like have a good time not kill myself.”
Members of the Famous Boyz used social media to promote the gang’s criminal activities, advertising their narcotics trafficking activities and proceeds and threatening both rival gang members and any individuals who consider cooperating with law enforcement. For example, gang members have used the mantra, “No Face No Case,” and spread the word that if individuals are “ratting,” there’s “gone be a murder.”
Members of the Famous Boyz who sold narcotics also enriched themselves by committing other crimes, including robberies. Law enforcement officers, acting on information obtained from a wiretap, arrested Angelo West while he was attempting to commit a robbery. After they seized a .40 caliber firearm from the scene, Mosley was overheard complaining to Javon Holmes “so all the rachets gone” and “damn we just lost all the straps,” referring to the Famous Boyz losing their firearms.
U.S. Attorney Carpenito credited special agents of ATF, under the direction of Special Agent in Charge Devito in Newark, and members of the Newark Department of Public Safety, under the direction of Director Ambrose, with the investigation leading to the charges.
He also thanked the DEA, under the direction of SAC Nickerson, the Essex County Prosecutor’s Office, under the direction of Prosecutor Stephens, the Essex County Sheriff’s Office, under the direction of Armando B. Fontoura, the N.J. State Police, under the direction of Col. Patrick J. Callahan, the Belleville Police Department, under the direction of Chief Mark Minichini, and the Livingston Police Department, under the direction of Chief Gary Marshuetz.
This investigation is part of the Violent Crime Initiative (VCI) in Newark. The VCI was formed in August 2017 by the U.S. Attorney’s Office for the District of New Jersey, the Essex County Prosecutor’s Office, and the City of Newark’s Department of Public Safety to combat violent crime in and around Newark. As part of this partnership, federal, state, county, and city agencies collaborate and pool resources to prosecute violent offenders who endanger the safety of the community. The VCI is composed of the U.S. Attorney’s Office, the FBI, the ATF, the DEA New Jersey Division, the U.S. Marshals, the Newark Department of Public Safety, the Essex County Prosecutor’s Office, the Essex County Sheriff’s Office, N.J. State Board of Parole, Union County Jail, N.J. State Police Regional Operations and Intelligence Center/Real Time Crime Center, N.J. Department of Corrections, the East Orange Police Department, and the Irvington Police Department.
The government is represented by Assistant U.S. Attorney Kelly Graves of the U.S. Attorney’s Office’s Criminal Division in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Sentencings for October 5 & 11, 2018Read the Press Release
Federal District Court Judge Alan B. Johnson sentenced ANTHONY JAMAL WALTERS, 37, of Loveland, Colorado on October 5, 2018 for conspiracy to distribute methamphetamine. Walters was arrested in Larimer County, Colorado. He received one hundred thirty five months of imprisonment, to be followed by sixty months of supervised release, and ordered to pay restitution in the amount of $500.00. The Wyoming Division of Criminal Investigation, Northern Colorado Drug Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the D.E.A. investigated this case.
Federal District Court Judge Alan B. Johnson sentenced ANGELA LYNN PEREZ, 38, of Greely, Colorado on October 5, 2018 for conspiracy to distribute methamphetamine. Perez was arrested in Larimer County, Colorado. She received time served, to be followed by sixty months of supervised release, and ordered to pay restitution in the amount of $500.00. The Wyoming Division of Criminal Investigation, Northern Colorado Drug Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the D.E.A. investigated this case.
Federal District Court Judge Nancy D. Freudenthal sentenced KENNETH ROY GIBSON, 47, of Fort Collins, Colorado on October 11, 2018 for failure to register as a sex offender. Gibson was arrested in Fort Collins, Colorado. He received twenty-one months of imprisonment, to be followed by sixty months of supervised release, and ordered to pay a $500.00 fine and a $500.00 special assessment. The United States Marshals Service investigated this case.
Seneca Falls Man Arrested, Charged with Receipt and Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Matthew A. Urquhart, 32, of Seneca Falls, NY, was arrested and charged by criminal complaint with receipt and possession of child pornography. The charges carry a minimum penalty of five years in prison, a maximum of 20 years, lifetime supervised release, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, FBI Special Agents identified the defendant actively trading child pornography from a trailer residence in Seneca Falls. Subsequently, agents, with assistance from the Seneca Falls Police Department and Seneca County Sheriff’s Office, searched two residences that Urquhart occupied during the period in question. Digital items belonging to Urquhart were seized. A forensic analysis determined that the defendant possessed multiple images and videos of child pornography, including images that depicted the sexual abuse of prepubescent minors.
The defendant made an initial appearance before U.S. Magistrate Marian W. Payson and was released on conditions.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, the Seneca Falls Police Department, under the direction of Stuart W. Peenstra, and the Seneca County Sheriff’s Office, under the direction of Sheriff W. Timothy Luce.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Seaford Man Sentenced to 80 Months in Federal Prison for Gun, Heroin ChargesRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced that on October 4, 2018, Tromar Mapp, age 30, of Seaford, Delaware, was sentenced to 80 months in prison for dealing heroin and possessing a handgun in furtherance of drug trafficking.
According to documents and arguments discussed in open court, Mapp sold heroin out of the Seaford home he shared with his fiancée and four-year-old son. The evidence further demonstrated that Mapp was willing to use guns to further his drug trade. He kept a handgun with an extended magazine in his home and he sent text messages to a drug customer threatening to shoot that customer for failure to pay a drug debt.
U.S. Attorney Weiss said, “The defendant presented a danger to his community, both by selling potentially deadly heroin and by possessing a gun in furtherance of his drug dealing. We will aggressively pursue such defendants and do our best to insure that they are held accountable for their conduct.”
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the Delaware State Police and the Seaford Police Department. This case was prosecuted by Assistant U.S. Attorneys Jennifer K. Welsh and Alexander Mackler.
Scott man sentenced to 67 months in prison for uploading child pornography to Dropbox accountRead the Press Release
ALEXANDRIA, La. – United States Attorney David C. Joseph announced that a Scott man was sentenced Tuesday to five years and seven months in prison for possessing child pornography on a Dropbox account.
Larry Guidry, 25, of Scott, Louisiana, was sentenced by U.S. District Judge Dee D. Drell on one count of possession of child pornography. He was also sentenced to 10 years of supervised release and must register as a sex offender. According to the July 10, 2018 guilty plea, law enforcement agents received information that an online Dropbox account was being used to store child pornography. Dropbox is internet service used to store digital information such as documents, images and other data. Agents searched the account and found 100 images and 23 videos of child pornography. Agents searched Guidry’s residence on February 21, 2018 and arrested him. He admitted to uploading the images to Dropbox.
This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood combines federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The U.S. Department of Homeland Security and U.S. Immigration & Customs Enforcement (ICE) also encourage the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) 347-2423. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online by visiting their website at www.ice.gov/exec/forms/hsi-tips/tips.asp or through the Operation Predator smartphone application www.ice.gov/predator/smartphone-app. Tips may be submitted anonymously.
The U.S. Department of Homeland Security and the National Center for Missing and Exploited Children conducted the investigation. Assistant U.S. Attorney John Luke Walker prosecuted the case.
Roswell Man Pleads Guilty to Being a Felon and Drug Addict Unlawfully in Possession of ExplosivesRead the Press Release
ALBUQUERQUE – Jeffrey Blake Vanover, 53, of Roswell, N.M., pled guilty yesterday afternoon in federal court in Las Cruces, N.M., to unlawfully possessing explosives. Vanover entered his guilty plea without the benefit of a plea agreement.
Vanover was arrested on April 7, 2018, on an indictment charging him with being a prohibited person in possession of explosives on Feb. 12, 2017, in Chaves County, N.M. According to the indictment, Vanover was prohibited from possessing explosives because he was an unlawful drug user and addict and because he was a convicted felon. The indictment stated that Vanover had prior felony convictions for distribution of methamphetamine, conspiracy to distribute methamphetamine, and commercial burglary.
At sentencing, Vanover faces a maximum penalty of ten years. A sentencing hearing has yet to be scheduled.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the HIDTA Chaves County Metro Narcotics Task Force and is being prosecuted by Assistant U.S. Attorney Alfred J. Perez of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Rossford was indicted for failing to register as a sex offenderRead the Press Release
Lonnie Alton Butler, 34, of Rossford, was indicted for failure to register as a sex offender.
Butler was required to register as a sex offender but did not do so when he traveled between Michigan and Ohio between Aug. 19 and Sept. 26, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the United States Marshals Service. The case is being handled by Assistant U.S. Attorneys Ashley A. Futrell and Tracey Ballard Tangeman.
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Rochester Felon Sentenced on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Williams, 49, of Rochester, NY, who was convicted of possession with intent to distribute cocaine, and being a felon in possession of a firearm and ammunition, was sentenced to serve 65 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Katelyn Hartford, who handled the case, stated that on March 2, 2017, in the area of Sullivan Street in Rochester, the defendant possessed over 300 “dime” bags of cocaine with the intent to distribute them to others. Williams also possessed a .357 Magnum caliber revolver. The defendant was previously convicted of three felony charges and is legally prohibited from possessing firearms and ammunition.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Mark Simmons, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
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Revere Man Charged with Distributing FentanylRead the Press Release
BOSTON – A Revere man was arrested today and charged in federal court in Boston with distributing fentanyl.
Jassiel Ramirez, 23, was charged with one count of distribution of 40 grams or more of fentanyl. Ramirez will appear in federal court today at 4:00 p.m.
According to court documents, Ramirez distributed fentanyl in and around the Princeton Crossing apartment complex in Salem on Sept. 18 and 21, 2018.
The charge of distribution of 40 grams or more of fentanyl carries a minimum mandatory sentence of five years and up to 40 years in prison, at least four years of supervised release, and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division, made the announcement. Assistance was provided by the Salem Police Department. Assistant U.S. Attorney Alathea E. Porter of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Philadelphia Man Convicted at Trial of Assault with a Dangerous WeaponRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that Antonio Shaw, 31, of Philadelphia, PA, was found guilty today by a jury of one count of assault with a dangerous weapon.
On October 27, 2017, the defendant was an inmate at the Federal Detention Center in Philadelphia. The government introduced evidence at trial that the defendant was involved in a previous incident concerning a second inmate. Based on the previous incident, a third inmate attempted to grab the defendant and pull him into a cell to fight, but the defendant broke free and ran away. A short time later, after lying in wait a short distance from the cell, the defendant rushed the third inmate from his blind side and repeatedly stabbed and slashed him with a sharp object. The third inmate suffered 11 separate stab and slash wounds.
“The same laws apply inside and outside of prison,” said U.S. Attorney McSwain. “The defendant clearly has no respect for the law or the safety of others. If you assault another individual, whether out on the street or at the Federal Detention Center, we can and will hold you accountable for your crime.”
“Incarcerated prisoners cannot be allowed to engage in violent behavior with impunity,” said Michael T. Harpster, Special Agent in Charge of the FBI’s Philadelphia Division. “Maintaining a safe environment for federal inmates and the Bureau of Prisons personnel responsible for them is essential to the operation of FDC Philadelphia, and the integrity of the justice system.”
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Mark Miller.
Palm Beach County Resident Sentenced to Federal Prison for Falsely Impersonating a Deputy U.S. MarshalRead the Press Release
John Joseph O’Grady, 61, of Boynton Beach, was sentenced today to 4 months in prison and one year of supervised release, by U.S. District Judge Robin L. Rosenberg, after previously pleading guilty to falsely impersonating a Deputy U.S. Marshal.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, Gadyaces S. Serralta, U.S. Marshal, United States Marshals Service (USMS), Miami Field Office, and Michael Gregory, Chief, Boynton Beach Police Department (BBPD), made the announcement.
On March 21, 2018, BBPD officers responded to a call from an employee of Best Buy in Boynton Beach, requesting that a man in a dark business suit, later identified as Defendant O’Grady, be issued a trespass warning because he had returned to the store after previously shoplifting an iPhone. As captured on police body camera footage, when BBPD officers responded and made contact with O’Grady, they observed him dressed in a suit jacket that displayed a USMS lapel pin (that is, a miniature replica of the USMS star within a circle badge). For officer safety, O’Grady was asked if he had any weapons on his person and responded in the affirmative. Officers discovered O’Grady to be in possession of a highly realistic replica of a semi-automatic pistol in a holster. O’Grady was also wearing an unauthorized U.S. Marshal badge on his belt. O’Grady falsely identified himself to law enforcement as “a Federal Marshal,” when in fact he was a limo driver.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the USMS and BBPD in this matter. This case was prosecuted by Assistant U.S. Attorney John C. McMillan.
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.
Palm Beach County Resident Pleads Guilty to Falsely Impersonating a Federal AgentRead the Press Release
Gopaul Parmanand, 41, of Palm Beach Gardens, pled guilty today to falsely impersonating a Special Agent of U.S. Immigration and Customs Enforcement.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, Michael T. Moreland, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Office of Professional Responsibility (ICE-OPR), Miami Field Office and Diane J. Sabatino, Director, Field Operations, Customs and Border Protection (CBP), Miami Field Office, made the announcement.
Parmanand is scheduled to be sentenced by U.S. District Judge Robin R. Rosenberg on December 20, 2018, in West Palm Beach. The defendant faces a maximum statutory sentence of up to three years in prison.
On July 31, 2018, Special Agents assigned to ICE-OPR responded to the Port of Palm Beach after receiving a call from CBP regarding a cruise ship passenger, Gopaul Parmanand, who was returning from a two-day voyage that originated at the Port of Palm Beach, with a stop in Freeport, Bahamas. Information had been received by CBP from cruise ship staff that Parmanand had been impersonating a federal agent during the voyage and to Bahamian Border Officials.
On July 29, 2018, while on the cruise ship Grand Celebration, Parmanand cut in front of other passengers to approach the shore excursion desk and asked how he could connect to the internet because he had to check his work emails. He then displayed a silver in color badge and stated that he was “Police ICE.” During the course of an examination of Parmanand’s luggage, pursuant to an inbound Custom’s inspection at the U.S. Point of Entry, law enforcement discovered a silver in color money clip in the shape of a badge that bore the exact likeness of an ICE Special Agent’s badge with the seal of the Department of Homeland Security at its center.
Parmanand has never been employed by the Department of Homeland Security in general, or ICE in particular, in any capacity.
U.S. Attorney Fajardo Orshan commended the investigative efforts of ICE-OPR and CBP in this matter. This case is being prosecuted by Assistant U.S. Attorney John C. McMillan.
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.
Over A Dozen Alleged Gang Members Charged with Federal Racketeering Conspiracy, Attempted Murder and Assault in Aid of Racketeering, and Other CrimesRead the Press Release
SAN JOSE- A federal grand jury indicted multiple Salinas-based gang members for a broad range of racketeering crimes, including racketeering conspiracy, conspiracy to commit murder and assault in aid of racketeering, attempted murder in aid of racketeering, and assault with a dangerous weapon in aid of racketeering, announced United States Attorney Alex G. Tse and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The indictment handed down on October 3, 2013, and unsealed today alleges that the defendants are all gang members who committed crimes in and out of Monterey County Jail for the benefit of enhancing the wealth and reputation of the gang and themselves.
“As alleged, the Nuestra Familia prison gang and the Norteño street gangs have terrorized Monterey County residents for much too long,” said U.S. Attorney Tse. “The gangs have targeted anyone, even in jail, who does not obey their violent rules. We are thankful for the efforts of our federal and local partners to bring to justice individuals responsible for these alleged horrific criminal acts within our prison system.”
“In collaboration with our partners at the Monterey County Sheriff’s Office and the Monterey County Jail, we will continue to take action against groups who use violence, fear, and criminal behavior for their own power and gain,” said FBI Special Agent in Charge, John F. Bennett. “It is important for Monterey County and Salinas area residents to know that the FBI will not tolerate the presence of organized criminal enterprises in our neighborhoods. We will not allow fear or intimidation have a place in our communities.”
“This was an exhaustive and thorough 6-year effort by the FBI,” said Monterey Sheriff Steve Bernal, “We are proud to have partnered with our federal partners on this important investigation that will improve the safety of our entire community.”
According to the indictment, the defendants engaged in racketeering for the purpose of preserving the power, territory, reputation, and profits of the Nuestra Familia/Salinas Norteños Enterprise. The indictment describes how members, when not incarcerated, compete for control of lucrative illegal activities, such as drug dealing and robbery. Such competition leads to violence both on the streets and within custodial facilities. The indictment also describes how the gang developed a structure, philosophy, rules, rituals, and obligations for its members within custodial facilities in Monterey County. One rule includes the general principle that once an individual reaches a certain status within the gang, death, under most circumstances, is the only way to withdraw.
Nuestra Familia sees Monterey County as a stronghold for the gang. The indictment describes how the gang has targeted Monterey County for crimes, most specifically in and near Salinas. For example, Norteño cliques in the county fight with rival street gangs, and to a lesser extent other Norteño cliques, for control of territory in which to conduct narcotics trafficking and other crimes, as well as to recruit and influence non-gang members.
Inside the Monterey County Jail, Norteños work together to maintain the structure and follow the rules of Nuestra Familia without regard to what specific clique they are from. Nuestra Familia has come to regard inmates at Monterey County Jail as potential new members for the criminal organization. Norteños in Monterey County Jail are separated from other inmates—in part due to the Norteños predatory nature, and in part because Nuestra Familia rules prohibit them from preying upon each other—and Nuestra Familia now regards the jail as one of the better “training” facilities for new members. The gang considers inmates in the jail well-regimented, disciplined, and aligned with Nuestra Familia values.
In this case, the defendants have been charged with either directing or participating in assaults, attempted murders, and drug trafficking within Monterey County Jail as follows:
Johnny Magdaleno, a/k/a “Soldier Boy,”
Vincent Gerald Garcia, a/k/a “Chente,”
Rodney Luis Romero, a/k/a “Speedy,”
Michael James Rice, a/k/a “Redwood,”
Alberto Cervantes, a/k/a “Littles”
Alejo Alex Alegre, IV, a/k/a “Chino,”
Carlos Cervantes, a/k/a “Lil Huero,” a/k/a “Doug,”
Alberto Moreno, a/k/a “Doughboy,”
Steven Anthony Dorado, a/k/a “Castro,” a/k/a “Chinaman,”
Michael Abraham Cazares, a/k/a “Lil Rhino,”
Jeffrey Lopez, a/k/a “T-Bone,”
Juan Alvarez, a/k/a “Chucky,”
Erik Lopez, a/k/a “Bimbo,” and
Jorge Jasso
The indictment describes the crimes in which each defendant has participated, leadership positions within the gang, and a description of the defendants’ gang-related tattoos. The indictment centers largely on seven “removals,” by which inmates inflict violence on other inmates, often for violations of gang rules. The purpose of a removal is often to literally remove an inmate from a prison housing unit by killing that inmate or inflicting as much bodily harm as possible. Removals typically require authorization from gang leadership and members are instructed how to perpetrate the violent crime—members are instructed how and where a “hitter” should stab a victim in order to inflict as much injury as possible, and how “bombers” should follow up by assaulting the victim with hands and feet to inflict additional injuries and to distract prison guards long enough to allow a bomber to discard weapons and change out of blood-stained clothes.
In this case, the following removals are alleged:
(1) Removal of Victim 1 on December 2, 2012 (Victim 1 was stabbed at least 21 times in the chest and back with a jail-made shank for violating gang rules):
- Johnny “Soldier Boy” Magdaleno
- Erik “Bimbo” Lopez
- Jorge Jasso
- Alberto “Littles” Cervantes
(2) Removal of Victim 2 on February 25, 2013 (Victim 2 was stabbed in the head and face):
- Rodney “Speedy” Romero
- Alberto “Littles” Cervantes
- Johnny “Soldier Boy” Magdaleno
- Erik “Bimbo” Lopez
- Jorge Jasso
- Michael “Redwood” Rice
(3) Removal of Victim 3 on April 29, 2013 (Victim 3 was stabbed in the head, hands, arms, and wrists):
- Johnny “Soldier Boy” Magdaleno
- Vincent “Chente” Garcia
- Rodney “Speedy” Romero
- Michael “Redwood” Rice
- Carlos “Doug/Huero” Cervantes
- Alberto “Doughboy” Moreno
- Steven “Castro/Chinaman” Dorado
- Jorge Jasso
(4) Removal of Victim 4 on July 10, 2013 (Victim 4 was stabbed in the face, head, and neck):
- Michael “Little Rhino” Cazares
- Jeffrey “T-Bone” Lopez
(5) Removal of Victim 5 on October 23, 2013 (Victim 5 was stabbed in the neck):
- Vincent “Chente” Garcia
- Rodney “Speedy” Romero
- Juan “Chucky” Alvarez
(6) Removal of Victim 6 on November 13, 2013 (Victim 6 was stabbed in the head, torso, and arms approximately 10 times):
- Alejo “Chino” Alegre
(7) Removal of Victim 7 on April 14, 2014:
- Vincent “Chente” Garcia
In sum, the charges pending against each defendant are as follows:
Defendant
Age
Charges
Maximum Statutory Penalty
All Defendants
Racketeering Conspiracy
18 U.S.C. § 1962(d)
Life in prison
5 years of supervised release
$250,000 fine
JOHNNY MAGDALENO
31
Conspiracy to Commit Murder in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
10 years in prison
3 years supervised release
$250,000 fine
Conspiracy to Commit Assault With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(6)
3 years in prison
1 year supervised release
$250,000 fine
VINCENT GERALD GARCIA
51
Conspiracy to Commit Murder in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
10 years in prison
3 years supervised release
$250,000 fine
Conspiracy to Commit Assault With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(6)
3 years in prison
1 year supervised release
$250,000 fine
Attempted Murder (of Victim 5) in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
10 years in prison
3 years supervised release
$250,000 fine
Assault (of Victim 5) With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(6)
20 years in prison
3 years supervised release
$250,000 fine
Attempted Murder (of Victim 7) in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
10 years in prison
3 years supervised release
$250,000 fine
Assault (of Victim 7) With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(3)
20 years in prison
3 years supervised release
$250,000 fine
RODNEY LUIS ROMERO
33
Conspiracy to Commit Murder in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
10 years in prison
3 years supervised release
$250,000 fine
Conspiracy to Commit Assault With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(6)
3 years in prison
1 year supervised release
$250,000 fine
Attempted Murder (of Victim 5) in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
10 years in prison
3 years supervised release
$250,000 fine
Assault (of Victim 5) With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(6)
20 years in prison
3 years supervised release
$250,000 fine
MICHAEL JAMES RICE
34
Conspiracy to Commit Murder in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
10 years in prison
3 years supervised release
$250,000 fine
Conspiracy to Commit Assault With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(6)
3 years in prison
1 year supervised release
$250,000 fine
ALBERTO CERVANTES
34
Conspiracy to Commit Murder in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
10 years in prison
3 years supervised release
$250,000 fine
Conspiracy to Commit Assault With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(6)
3 years in prison
1 year supervised release
$250,000 fine
ALEJO ALEX ALEGRE, IV
26
Conspiracy to Commit Murder in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
10 years in prison
3 years supervised release
$250,000 fine
Conspiracy to Commit Assault With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(6)
3 years in prison
1 year supervised release
$250,000 fine
Attempted Murder (of Victim 6) in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
10 years in prison
3 years supervised release
$250,000 fine
Assault (of Victim 6) With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(3)
20 years in prison
3 years supervised release
$250,000 fine
CARLOS CERVANTES
30
Conspiracy to Commit Murder in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
10 years in prison
3 years supervised release
$250,000 fine
Conspiracy to Commit Assault With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(6)
3 years in prison
1 year supervised release
$250,000 fine
ALBERTO MORENO
25
Conspiracy to Commit Murder in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
10 years in prison
3 years supervised release
$250,000 fine
Conspiracy to Commit Assault With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(6)
3 years in prison
1 year supervised release
$250,000 fine
STEVEN ANTHONY DORADO
27
Conspiracy to Commit Murder in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
10 years in prison
3 years supervised release
$250,000 fine
Conspiracy to Commit Assault With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(6)
3 years in prison
1 year supervised release
$250,000 fine
MICHAEL ABRAHAM CAZARES
26
Conspiracy to Commit Murder in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
10 years in prison
3 years supervised release
$250,000 fine
Conspiracy to Commit Assault With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(6)
3 years in prison
1 year supervised release
$250,000 fine
JEFFREY LOPEZ
26
Conspiracy to Commit Murder in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
10 years in prison
3 years supervised release
$250,000 fine
Conspiracy to Commit Assault With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(6)
3 years in prison
1 year supervised release
$250,000 fine
JUAN ALVAREZ
37
Conspiracy to Commit Murder in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
10 years in prison
3 years supervised release
$250,000 fine
Conspiracy to Commit Assault With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(6)
3 years in prison
1 year supervised release
$250,000 fine
Attempted Murder (of Victim 5) in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
10 years in prison
3 years supervised release
$250,000 fine
Assault (of Victim 5) With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(3)
20 years in prison
3 years supervised release
$250,000 fine
ERIK LOPEZ
24
Conspiracy to Commit Murder in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
10 years in prison
3 years supervised release
$250,000 fine
Conspiracy to Commit Assault With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(6)
3 years in prison
1 year supervised release
$250,000 fine
Felon in Possession of a Firearm and Ammunition
18 U.S.C. § 922(g)
10 years in prison
3 years supervised release
$250,000 fine
JORGE JASSO
26
Conspiracy to Commit Murder in Aid of Racketeering
18 U.S.C. § 1959(a)(5)
10 years in prison
3 years supervised release
$250,000 fine
Conspiracy to Commit Assault With a Dangerous Weapon in Aid of Racketeering
18 U.S.C. § 1959(a)(6)
3 years in prison
1 year supervised release
$250,000 fine
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
In addition, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The prosecution is the result of an investigation by the FBI with assistance from the Monterey County Sheriff’s Office, the California Highway Patrol, the California Department of Corrections and Rehabilitation, and the Salinas Police Department.
Over $350,000 Awarded to Assist Yellowstone Connect Develop Drug Reduction PlanRead the Press Release
BILLINGS—Yellowstone Substance Abuse Connect, a coalition organized to create a comprehensive community plan to reduce substance abuse in Yellowstone County, will be the beneficiary of a major federal grant awarded this week as part of a broader effort to fight violent crime in the community.
Montana U.S. Attorney Kurt Alme on Thursday announced that the Office of National Drug Control Policy awarded $358,741 to the Eastern Montana High Intensity Drug Trafficking Area Drug Task Force (HIDTA Task Force). The grant will be administered by the Billings Police Department on behalf of the HIDTA Task Force to fund the efforts of Yellowstone Connect.
Yellowstone Connect was organized through the leadership of United Way of Yellowstone County and Project Safe Neighborhoods (PSN), an enforcement initiative reinvigorated a year ago by the Department of Justice to reduce violent crime. Violent crime in Billings has increased 75 percent from 2010 through 2017, according to the Billings Police Department.
As part of PSN Yellowstone County, federal, state and local law enforcement identified meth trafficking and use as the leading cause of the increase in violent crime. Since April, PSN’s law enforcement partners have already made arrests leading to 90 individuals being charged with meth trafficking, armed robbery and illegal possession of firearms by felons and other prohibited persons.
Enforcement partners have recognized that more efforts in meth prevention, treatment and diversion also will be critical to turning the tide.
Yellowstone Connect will bring additional prevention, treatment and diversion to the initiative. Yellowstone Connect formed in May and already has more than 60 enforcement, judicial, corrections, medical, mental health, treatment and prevention organizations.
“We are pleased that the community received this money which will fund a key part of PSN’s goal to reduce violent crime by fighting meth trafficking and use. Vigorous enforcement is only part of the solution; we need the community’s help to reduce use through additional prevention, treatment and drug court diversion,” said U.S. Attorney Kurt Alme.
“I want to thank all our PSN federal, state and local law enforcement partners for their outstanding work to make this community safer, and especially the Billings Police Department for administering the HIDTA Task Force grants. I also want to thank United Way of Yellowstone County for its work to launch this coalition, and all of our Yellowstone Connect partners for recognizing the important need in this community to reduce the demand for meth and committing to be part of the solution,” Alme said.
Billings Police Chief Rich St. John said, “Supported by this grant, we now will be able to improve the coordination and effectiveness of drug enforcement, treatment and prevention efforts in Yellowstone County. Yellowstone Connect will bring stakeholders together to combat the serious meth crisis in our community.”
Kristin Lundgren, United Way’s Director of Impact, said, “We are lucky to have the right leadership at the Yellowstone Connect table to make the most of this opportunity. We have the enforcement leadership from the U.S. Attorney’s Office, the Montana Attorney General’s Office and the Yellowstone County Attorney’s Office and all federal, state and local law enforcement agencies. We have leadership from the Montana Department of Public Health and Human Services and our local leaders in treatment, prevention and diversion.”
“In our community, who hasn’t been touched by addiction in some way—crime, family chaos, inability to find workers who can pass a drug test, kids in foster care, elder abuse and domestic violence?” Lundgren said.
The Yellowstone Connect funding will be used to hire a full-time coordinator to oversee the initiative. The initiative has four main strategies: to conduct a needs assessment to determine prevention, diversion and treatment needs and community resources; to develop a plan to get more people into treatment and diversion programs and to prevent addiction; to put the plan into action; and to share the plan and methods with other coalitions in HIDTA areas.
Lundgren said she expects Yellowstone Connect to have a coordinator hired by the early 2019.
For more information about Yellowstone Connect, contact Lundgren at 406-272-8505.
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Operator of North Jersey Tax Preparation Business Sentenced to 30 Months in Prison for Tax FraudRead the Press Release
NEWARK, N.J. – A Kissimmee, Florida, man was sentenced today to 30 months in prison for tax fraud, U.S. Attorney Craig Carpenito announced.
Sixto Rodriguez was previously found guilty of all 17 counts of an indictment charging him with three counts of filing false tax returns on behalf of himself and fourteen counts of aiding and assisting in the preparation and presentation of false tax returns on behalf of his tax preparation clients. He was convicted following a one-week trial before U.S. District Judge Kevin McNulty.
According to documents filed in this case and statements made in court:
From 2004 through 2012, Rodriguez operated a tax preparation business in Teaneck, New Jersey, by the name of 1-2-3 Taxes. Rodriguez personally met with clients, prepared their individual income tax returns and filed the returns with the IRS.
Rodriguez inflated education credits, charitable donations, unreimbursed business expenses and rental losses that he knew his clients had not actually incurred. On average, for the clients charged in the indictment, this resulted in his clients receiving more than $4,000 in refunds per return, to which they were not entitled. Rodriguez also failed to report more than $230,000 in net profits he made from his business from 2007 through 2009 and personally avoided paying more than $89,000 in taxes as a result.
In addition to the prison term, Judge McNulty sentenced Rodriguez to one year of supervised release.
U.S. Attorney Carpenito credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in John R. Tafur, with the investigation leading to today’s sentencing.
The government is represented by Senior Trial Counsel Daniel V. Shapiro of the Economic Crimes Unit in Newark and Assistant U.S. Attorney David M. Eskew, Chief of the U.S. Attorney’s Office Health Care and Government Fraud Unit.
Ohio County man admits to child pornography chargeRead the Press Release
WHEELING, WEST VIRGINIA – Justin Giesey, of Wheeling, West Virginia, has admitted to possessing child pornography, United States Attorney Bill Powell announced.
Giesey, age 31, pled guilty to one count of “Possession of Child Pornography.” Giesey admitted to having child pornography depicting a minor under the age of 12 in June 2017 in Ohio County.
Giesey faces up to 20 years incarceration and a fine of up to $250,000. 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.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Assistant U.S. Attorney David J., Perri is prosecuting the case on behalf of the government. The Federal Bureau of Investigation, the West Virginia State Police, and the Wheeling Police Department investigated.
U.S. Magistrate Judge James P. Mazzone presided.
New York Man Pleads Guilty to Failing to Register as a Sex OffenderRead the Press Release
BOSTON – A New York man pleaded guilty today in federal court in Springfield to failure to register as a sex offender.
Jose Dones, 43, of Schenectady, N.Y., pleaded guilty to one count of failure to register as a sex offender. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Jan. 22, 2019. Dones was charged in February 2018 in federal court, and has been in custody since Jan. 10, 2018, when he was arrested for violating his conditions of supervised release stemming from a 2016 conviction for failing to register as a sex offender.
In 1994, Dones was convicted of second degree rape, and in 2008, he was convicted of forcible touching. As a result, Dones is required to register as a sex offender and has received many notices informing him of his obligation. He has been convicted four times in New York state court of failure to register as a sex offender, and in 2016, he was convicted in federal court in Massachusetts of failing to register as a sex offender.
In November 2017, Dones was released from a halfway house in Boston, and, while on supervised release in connection with his 2016 federal conviction, he lived in Boston without registering as a sex offender. In December 2017, he moved to Schenectady, N.Y., where he again failed to register.
Dones faces a sentence of no greater than 10 years in prison, 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 Andrew E. Lelling and John Gibbons, United States Marshal for the District of Massachusetts, made the announcement today. Assistant U.S. Attorney Alex J. Grant of Lelling’s Springfield Branch Office is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and CEOS, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
New Orleans Man Pleads Guilty to Firearms Charges and Heroin ConspiracyRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that KENDALL CELESTINE, age 21, of New Orleans, has pleaded guilty to federal firearms and narcotics violations.
According to court documents, CELESTINE, conspired with others to distribute and possess with intent to distribute one hundred grams or more of heroin, in violation of Title 21, United States Code, Sections 841(b)(1)(B) and 846. On January 24, 2018, CELESTINE possessed a firearm in furtherance of a drug-trafficking crime, in violation of Title 18, United States Code, Sections 924(c)(1)(A), 924(c)(1)(A)(ii)
The Court set sentencing in this matter for January 10, 2019. CELESTINE faces, as to count one of the indictment, a minimum of 5 years imprisonment and a maximum of 40 years imprisonment, a fine of $5,000,000, at least four years of supervised release after imprisonment, and a $100 special assessment. As to count sixteen, CELESTINE faces a minimum of 5 years and a maximum of life imprisonment to be served consecutive to any other sentence imposed, a fine of $250,000, up to five years of supervised release after imprisonment, and a $100 special assessment.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
U. S. Attorney Strasser praised the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the New Orleans Police Department Multi-Agency Gang Unit, and the Drug Enforcement Administration in investigating this matter. The case is being prosecuted by Assistant United States Attorneys Maria M. Carboni and Matthew R. Payne.
* * *
New Haven Man Sentenced to 13 Years in Federal Prison for Gun and Robbery OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that THOMAS JOHNSON, 27, of New Haven, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 156 months of imprisonment, followed by four years of supervised release, for robbery and firearm offenses.
According to court documents and statements made in court, on June 30, 2016, at approximately 1:41 a.m., New Haven Police officers were dispatched to Ferry Street after a report that a person had been shot. At the scene, officers found two victims. One victim had been shot in the left elbow and was bleeding heavily, and the other victim was bleeding from the nose.
The investigation, which has included witness interviews, DNA evidence, ballistics evidence and footage from a surveillance video, revealed that JOHNSON and Shaquille Richardson attacked the two victims after they exited a convenience store in an attempt to steal marijuana and money from the victims. JOHNSON shot one of the victims in his elbow, and Richardson struck the other victim in the face with a gun.
Officers apprehended Richardson near the scene of the robbery. When Richardson was found, he was bleeding from a gash to his hand where one of the victims had slashed him with a knife in self-defense. JOHNSON was arrested on July 28, 2016, during a motor vehicle stop. At the time of his arrest, JOHNSON possessed the firearm he used during the robbery.
On April 4, 2018, JOHNSON pleaded guilty to one count of Hobbs Act Robbery, one count of possession of a firearm by a previously convicted felon, and one count of discharging a firearm in furtherance of a crime of violence.
Richardson pleaded guilty to related charges on January 31, 2018, and awaits sentencing.
JOHNSON and Richardson have been detained since their arrests.
This matter was investigated by the New Haven Police Department and the Bureau of Alcohol, Firearms, Tobacco and Explosives. The case is being prosecuted by Assistant U.S. Attorneys Peter D. Markle and Jocelyn Courtney Kaoutzanis.
New Brunswick CPA Arrested for Filing False Tax ReturnsRead the Press Release
NEWARK, N.J. – A New Brunswick certified public accountant (CPA) was arrested today for allegedly underreporting more than $650,000 of income on his personal tax returns, U.S. Attorney Craig Carpenito announced.
Amit Govil, 58, of New Brunswick, New Jersey, is charged by indictment with two counts of making and subscribing false tax returns. Govil was arrested earlier today at his home and is scheduled to appear this afternoon before U.S. Magistrate Judge Michael A. Hammer in Newark federal court.According to documents filed in the case and statements made in court:
Govil is licensed in New York and New Jersey as a CPA. He operated a sole proprietorship referred to in the indictment as “Company A,” a business providing risk management and audit services to community banks, headquartered in East Brunswick, New Jersey.
For the tax years 2010 and 2011, Govil underreported and failed to report the gross receipts or sales of Company A on Schedule C of his personal tax returns, as he was obligated to do. Govil, through Company A, earned more than $3.9 million in gross receipts or sales for tax year 2010, and more than $4.3 million in gross receipts or sales for tax year 2011. Notwithstanding the actual gross receipts or sales that Govil earned through Company A, he reported gross receipts or sales of only $3,352,848 for tax year 2010, and $4,205,175 for tax year 2011.
Each count of making and subscribing false tax returns carries a maximum potential penalty of three years in prison and $250,000 fine, or twice the gross gain or loss from the offense.
U.S. Attorney Carpenito credited Special Agents of the IRS, under the direction of Special Agent in Charge John R. Tafur, with the investigation leading to today’s arrest.
The government is represented by Assistant U.S. Attorney Courtney A. Howard of the U.S. Attorney’s Office Economic Crimes Unit.
The charges and allegations in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defense counsel: Jeffrey Alberts Esq., New York
Multi-State Major Drug Trafficking Network DismantledRead the Press Release
“PROJECT PARKERSBURG” ROLLED OUT THROUGH TAKEDOWN
Over 150 Pounds of Methamphetamine and 4 Pounds of Heroin
More than Two Dozen Arrested on Federal and State Charges
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced the formation of “PROJECT PARKERSBURG” and a major takedown today of drug traffickers resulting in the dismantling of a multi-state Drug Trafficking Organization (DTO) responsible for distributing methamphetamine and heroin in Parkersburg, West Virginia. As of the commencement of operations this morning, the investigation included the seizure of more than 150 pounds of methamphetamine and 4 pounds heroin. Joining United States Attorney Stuart in the announcement were Federal Bureau of Investigation Assistant Special Agent in Charge Nicholas Boshears of the Pittsburgh Field Office, Parkersburg Police Chief Joe Martin, Wood County Prosecuting Attorney Pat Lefebure, West Virginia State Police Captain Jason Davis, Bureau of Criminal Investigations, Wood County Sheriff Steve Stephens, Vienna Police Chief Mike Pifer, representatives of the Parkersburg Narcotics and Violent Crimes Task Force (PNTF) and Major Allen Tackett of the West Virginia National Guard. The West Virginia State Police, the Arizona State Police, and the FBI Field Offices in Tampa, Cincinnati, Detroit and Phoenix provided valuable assistance in this investigation. The FBI Safe Streets Task Force in the Dayton RA, Cincinnati Field Office is deserving of special recognition for their involvement in the seizure of the methamphetamine and arrests of the primary targets of the investigation.
"The vast majority of the methamphetamine and heroin in this country came across our Southern Border," Attorney General Sessions said. "Thanks to collaboration between law enforcement in Arizona, Florida, Ohio, and West Virginia, our prosecutors and law officers were able to dismantle a drug trafficking organization that brought methamphetamine 2,000 miles from the border to the small towns of Appalachia. As part of this operation, law enforcement has arrested some 30 defendants and seized 150 pounds of methamphetamine and heroin and tens of thousands of dollars in alleged ill-gotten gains. And so I want to thank U.S. Attorney Mike Stuart, the FBI's Tampa, Pittsburgh and Dayton offices, the West Virginia and Arizona state police, and all of the members of the Parkersburg Police and the Parkersburg Narcotics and Violent Crimes Task Force. By taking drug traffickers off of our streets, they are helping to keep the American people safe."
Today’s operation is the first public announcement of “PROJECT PARKERSBURG”, a project that has been ongoing but unannounced as a result of today’s dismantling of a drug trafficking organization. The takedown today was the result of a long-term investigation led by FBI and PNTF and involved the cooperation of law enforcement authorities in several states. A total of at least 29 individuals have been charged in federal and state court and final determinations of jurisdiction for charging will be made as a result of a review of today’s arrests.
In December 2017 members of the PNTF executed a search warrant at a residence in Parkersburg during which they learned that large amounts of methamphetamine were being shipped to West Virginia from Mexico. Witness interviews, financial records, and informant information led to the identification of Parkersburg residents Terrance McGuirk, Antoine Terry, and Aurelius Edmonds as individuals with access to the methamphetamine being shipped from the southern border to locations in West Virginia and Ohio. Over the course of nine months, agents and task force officers conducted an exhaustive investigation linking the Parkersburg DTO to sources in Arizona. On September 19, 2018, surveillance led investigators to Dayton, Ohio where Terry and Edmonds met with Arizona residents Todd Land and Troy Pastorino to pick up a large shipment of controlled substances to include more than 150 pounds of methamphetamine that had been offloaded from a truck into a rented storage unit. Investigators observed Pastorino load the drugs into the trunk of a Dodge Charger. Police seized the drugs after conducting a traffic stop of Pastorino. Terry, Edmonds, and Land were arrested at a nearby business, and McGuirk was arrested at his hotel near the Dayton airport.
While this investigation is ongoing, investigators have been able to dismantle a DTO operating across multiple states and responsible for distributing large quantities of methamphetamine, heroin, and cocaine. It is believed that the dismantling of this DTO removed all of the Parkersburg area individuals with access to the Arizona source and will significantly curtail the amount of methamphetamine available for distribution in Wood County and the surrounding area.
The arrests and seizures relating to this investigation break down, as of the issuance of this press release, as follows:
- 17 individuals have been charged in a federal indictment in the Southern District of West Virginia with conspiracy to distribute methamphetamine;
- 1 defendant has been charged with possession with intent to distribute methamphetamine and being a felon in possession of a firearm;
- 12 individuals are facing state charges filed by the Wood County Prosecuting Attorney;
- Over 150 pounds of methamphetamine were seized;
- Over 4 pounds of Heroin were seized;
- Over $84,000 in United States Currency was seized; and
- Several vehicles were seized that were used to transport controlled substances.
“Largest seizure of methamphetamine in our state’s history and a massive amount of heroin - Today is a significant day for West Virginia, the City of Parkersburg, Wood County and the surrounding multi-state area,” said United States Attorney Mike Stuart. “A significant drug trafficking organization with connections to sources of supply in Mexico has been dismantled. Today is a day in which every participating law enforcement officer should be very proud. The level of cooperation between our federal, state and local law enforcement agencies is unprecedented and reaches beyond West Virginia’s borders and beyond America’s borders. As a result, the largest seizure of methamphetamine in our state’s history and a massive amount of heroin was seized before it reached our streets. No doubt lives have been saved because of the exemplary work of law enforcement at every level, the Wood County Prosecutor’s Office and my team. Today’s actions as part of “PROJECT PARKERSBURG” are merely the first step in a long-term, sustained, aggressive effort to rid our streets of the drug dealers and drug thugs that cause chaos, havoc and despair in our communities and in our families.”
"Through collaboration with our federal, state and local law enforcement partners, we were able to target and dismantle this criminal organization," said FBI Pittsburgh Special Agent in Charge Robert Jones. "Drug-related crimes strangle communities. The FBI will always work to stop the violence, get drugs and weapons off the streets and justice for the people living in the communities we serve."
“The arrests made today are the culmination of many months of hard work by the PNTF and federal authorities and will have a significant impact in not only Wood County but our surrounding areas as well,” said Wood County Prosecuting Attorney Pat Lefebure.
“This investigation is an example of outstanding teamwork and collaboration of all law enforcement in this region of West Virginia that resulted in the largest seizure of methamphetamine and heroin,” said Parkersburg Police Chief Joe Martin. “I am very proud of the outcome of this investigation, as it is the largest seizure of both methamphetamine and heroin in the same criminal investigation in the Parkersburg area. Our mission is to identify and target these drug trafficking organizations that are polluting our city with poison. Once identified, we will do whatever is necessary to dismantle these organizations and partner with the U.S. Attorney to prosecute the members of these organizations. The long hours worked by the investigators involved proved to be successful and worthwhile. I am very pleased with the relationship between our federal law enforcement partners and the assistance from the U.S. Attorney for the Southern District of West Virginia, Mike Stuart. These investigators from the FBI and the Parkersburg Narcotics Task Force prevented hundreds of pounds of methamphetamine and heroin from getting to the streets of our community, and for this, I am very grateful.”
Please Note: An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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- SDWVNews and USAttyStuart
Monongalia County man sentenced for sex offender registry violationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Robert W. Tucker, Jr., of Star City, West Virginia, was sentenced today to 34 months incarceration for a sex offender registration violation, United States Attorney Bill Powell announced.
Tucker, age 43, pled guilty to one count of “Failure to Update Sex Offender Registration” in June 2018. Tucker admitted to traveling from Monongalia County, West Virginia to South Carolina and North Carolina, without updating his registry, as required by law, in August 2016 and September 2017.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Assistant U.S. Attorney Sarah E. Wagner prosecuted the case on behalf of the government. The United States Marshals Service investigated.
Senior U.S. District Judge Irene M. Keeley presided.