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16 November 2018
Woman Behind Dixon, Vallejo Movie Studio Scams Sentenced to 6.5 Years in PrisonRead the Press Release
SACRAMENTO, Calif. — Carissa Carpenter, 55, formerly of Malibu, was sentenced today by U.S. District Judge Garland E. Burrell Jr. to six years and six months in prison and ordered to pay $3,642,755 in restitution in connection with her conviction for mail fraud and lying to a federal agent, U.S. Attorney McGregor W. Scott announced.
According to court documents, from 1997 until October 24, 2014, Carpenter represented to investors and others that she had a project to build a movie studio in Northern California. As a result of the scheme, investors, firms who did work for Carpenter, and municipalities collectively lost millions on the project.
According to her plea agreement, Carpenter claimed that her projected movie studio complex was supported by well-connected people in the entertainment industry and that she had invested hundreds of millions of dollars of her own money in the project. She also claimed that she had arranged financing for the project but needed investment or bridge loans until the alleged financing was complete. The purported locations of the project varied: El Dorado Hills, north of the Sacramento International Airport in Sutter County, Lathrop, the former naval base on Mare Island in Vallejo, and Dixon, among other places. Additionally, Carpenter represented that reputable architecture, construction, design, and public relations firms were involved in the project, and that she had or was in the process of finalizing the purchase of the land where the studio would be built. As a result, investors gave Carpenter millions of dollars to invest in her studio project.
In fact, Carpenter used investor money to fund her personal expenses and extravagant lifestyle. Contrary to her claims, the Hollywood people were not involved in the project at all or had little involvement. Similarly, the architecture, construction, design, and public relations firms were not involved or had done only preliminary work on the project. Carpenter also did not own or purchase property for the studio.
Further, during the investigation in July 2013, Carpenter told an FBI agent that she told investors that she was going to use their money for personal expenses and that she had used 50 to 75 percent of investor money for the project. These statements were false.
This case was the product of an investigation by the Federal Bureau of Investigation and IRS Criminal Investigation. Assistant U.S. Attorneys Todd A. Pickles and Rosanne L. Rust prosecuted the case.
Wilmington Man Sentenced to 252 Months in Prison for Drug Trafficking and Firearm OffensesRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that United States District Judge James C. Dever III sentenced JOAQUIN R. ORTEGA, 36, of Graham, North Carolina, to 252 months imprisonment followed by 60 months of supervised release.
ORTEGA was charged in a five-count Indictment that was issued by the grand jury for the Eastern District of North Carolina on January 12, 2017. The indictment charged him with multiple drug trafficking counts relating to the distribution of crystal methamphetamine and with firearms charges relating to drug trafficking.
In 2015 and 2016, United States Drug Enforcement Administration (DEA) investigated a drug trafficking organization (DTO) that primarily operated in Virginia and North Carolina. The DTO was known to distribute large quantities of crystal methamphetamine through multiple distribution points in both Virginia and North Carolina. On September 22, 2016, the DEA and local law enforcement ordered five (5) pounds of crystal methamphetamine from a member of the DTO who lived in Alamance County, North Carolina. When the ordered methamphetamine was being delivered, law enforcement observed ORTEGA and four (4) other individuals in separate vehicles meet the undercover informant in a parking lot before completing the deal. Law enforcement arrested ORTEGA and the other four individuals with whom ORTEGA was working with to make the delivery.
At sentencing, the Court found that ORTEGA was the leader of the DTO who was responsible for supplying and distributing large quantities of crystal methamphetamine throughout the Southeastern United States.
This case was brought by the United States Attorney’s Office through partnership with the Clayton Police Department, Alamance County Sheriff’s Office and the United States Drug Enforcement Administration. The case was prosecuted by Assistant United States Attorney Brad Knott.
Wilmington Man Sentenced to 190 Months in Prison for Drug Trafficking OffensesRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that Chief United States District Judge Terrence W. Boyle sentenced TALIH RIK ANTHONY REEVES, 36, of Wilmington, North Carolina, to 190 months imprisonment, followed by 48 months of supervised release.
REEVES was charged in a ten-count Indictment that was issued by the grand jury for the Eastern District of North Carolina on February 22, 2018. The indictment charged him with multiple drug trafficking counts relating to the distribution of heroin, powder cocaine, and cocaine base crack. All of the charged crimes took place in Wilmington, North Carolina.
In early 2017, the Drug Enforcement Administration (DEA) and Wilmington Police Department conducted multiple controlled purchases of cocaine and cocaine base crack from REEVES and individuals who worked with REEVES. After these controlled purchases and many hours of surveillance, law enforcement took down the REEVES organization on May 25, 2017. In the take down, law enforcement made multiple arrests at two residences, and recovered significant quantities of heroin, cocaine, firearms and cash. REEVES was arrested at a Wilmington Motel where agents recovered over 14,000 bindles of heroin, nearly 700 grams of cocaine, and $19,500.00 in U.S. currency.
This case was brought by the United States Attorney’s Office through partnership with the Wilmington Police Department and the United States Drug Enforcement Administration. The case was prosecuted by Assistant United States Attorney Brad Knott.
Whitinsville Woman Charged with Conspiring to Distribute AdderallRead the Press Release
BOSTON – A Whitinsville woman was charged in federal court in Boston with multiple drug offenses relating to a conspiracy to distribute the amphetamine Adderall.
Meghan Giacomuzzi, 36, was charged by Information with one count of conspiracy to distribute and to possess with intent to distribute Adderall and six counts of distributing and dispensing Adderall.
According to court documents, Giacomuzzi conspired with others between approximately October 2016 and February 2018 to distribute Adderall, an amphetamine, for uses other than a legitimate medical purpose and not in the usual course of medical practice.
The charge of conspiracy to distribute, dispense, and possess with intent to distribute Adderall carries a sentence of up to 20 years in prison, at least three years of supervised release, and a fine of up to $1 million. The charge of distributing, dispensing, and possessing with the intent of distributing Adderall also carries a sentence of up to 20 years in prison, at least three years of supervised release, and a fine of up to $1 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 E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division, made the announcement today. Assistant U.S. Attorney Craig Estes of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Washington County Businessman Admits Defrauding the IRS and Making a False Declaration in a Bankruptcy ProceedingRead the Press Release
PITTSBURGH –A resident of Washington County, Pennsylvania pleaded guilty in federal court to charges of conspiracy to defraud the Internal Revenue Service and of false bankruptcy declaration, United States Attorney Scott W. Brady announced today.
George Retos, Jr. 70, of Washington, Pa., pleaded guilty before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that Retos agreed with another individual to defraud the Internal Revenue Service (IRS) by failing to pay over to the IRS payroll and employer taxes of Prime Plastics, Inc. and Plastic Power, Inc., two companies controlled by Retos. Specifically, to avoid ongoing collection efforts by the IRS related to unpaid taxes of Prime Plastics, Inc., Retos and his co-conspirator arranged for employees of Prime Plastics, Inc. to be transferred to Plastic Power, Inc., which, in turn, also failed to pay employer and payroll taxes to the IRS. The unpaid employer and payroll taxes totaled more than $250,000.
At Retos’ direction, Prime Plastics, Inc. filed for bankruptcy and, in its court filings, stated that there had been no withdrawals from the entity outside the normal course of business during the preceding two years. In fact, Retos was responsible for numerous such expenditures, including thousands of dollars belonging to Prime Plastics, Inc. spent by Retos at casinos in Las Vegas, Nevada and elsewhere.
In addition, Retos accepted responsibility for a charge of wire fraud in connection with a scheme to fraudulently obtain unemployment compensation from the Commonwealth of Pennsylvania for employees of Prime Plastics, Inc. and, later, employees of Plastic Power, Inc. Retos reduced the salaries of numerous employees and instructed them to seek unemployment from the Commonwealth of Pennsylvania to make up the difference, knowing full well that the employees were ineligible for such unemployment compensation. During the execution of the scheme, Retos siphoned company funds for his personal benefit.
Judge Schwab scheduled sentencing for March 20, 2019 at 9:30 a.m. The law provides for a total sentence of 10 years in prison, a fine of $500,000, or both. 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.
Pending sentence, the court released Retos on bond.
Assistant United States Attorneys Mary McKeen Houghton and Eric G. Olshan are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation; the Department of Labor, Office of Inspector General; and the Internal Revenue Service, Criminal Investigation, conducted the investigation that led to the successful prosecution of Retos.
Virginia Pharmacy Owner Sentenced to Prison for $5 Million Employment Tax FraudRead the Press Release
A Collinsville, Virginia, pharmacist was sentenced to 41 months in prison today for failing to account for and pay over employment taxes, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Thomas T. Cullen for the Western District of Virginia.
According to court documents, Jerry R. Harper, Jr., 61, owned and operated Family Discount Pharmacy Inc. (FDP) in Stanleytown, Virginia, with multiple pharmacy locations in Stuart, Rocky Mount, Chatham, and Brosville, Virginia. As owner of FDP, Harper was responsible for collecting and paying over FDP’s employment taxes. From 1998 through 2014, FDP accrued employment tax liabilities of more than $5 million. Harper withheld these taxes from FDP employees’ wages, but did not pay the taxes to the Internal Revenue Service (IRS). In over 15 years, Harper only filed one quarterly employment tax return with the IRS.
Harper admitted that instead of paying the employment taxes to the IRS, he caused FDP to pay his personal expenses, including the purchase of a Jeep Grand Cherokee and a jet ski. For example, Harper wired over $1 million to his personal bank account, made over $500,000 in stock market investments, spent over $100,000 on his son’s pharmacy school tuition, and purchased over $370,000 of real property in Virginia and North Carolina.
In addition to the term of imprisonment, U.S. District Court Judge Elizabeth K. Dillon ordered Harper to serve 2 years of supervised release and to pay restitution in the amount of $5,069,555.73 and a fine of $25,000.00. Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Cullen commended special agents of IRS Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorney Allison Garnett, former Tax Division Trial Attorney Daniel McGraw, and Assistant U.S. Attorney Charlene Day, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
United States Files Suit Against Franklin, Tennessee-Based Pain, MD, LLC and Related Pain Clinics and OwnersRead the Press Release
NASHVILLE, Tenn. – November 16, 2018 –U.S. Attorney Don Cochran for the Middle District of Tennessee announced today that the United States has filed a False Claims Act lawsuit against Franklin, Tennessee-based Pain, MD, LLC and related companies, and their owners Michael Kestner and Lisabeth Smolenski Williams. The lawsuit alleges that the defendants knowingly and routinely submitted, or caused to be submitted, false claims to Medicare and TRICARE for single tendon origin or insertion injections (“TOI”) that they knew or should have known were not provided to patients. TOI injections are pain-relieving injections commonly used to treat such tendon related conditions as tendonitis and are not limited by Medicare or TRICARE as to the allowable number billed. In contrast, other treatments, such as trigger point injections are limited to four per year.
According to the complaint, Michael Kestner is a non-practicing attorney with no medical training, who owns, operates and controls MedManagement, Inc. (“MMI”), a management company located in Franklin, Tennessee. Lisabeth Williams is a physician and the Chief Medical Officer and minority owner of Pain, MD. She also served as a supervising physician or medical director for the pain clinics at certain times, with oversight for provision of all of the medical care and services provided by the pain clinics to their patients. MMI manages and has managed Pain, MD, Mid-South Pain Management, P.C.; Cumberland Back Pain Clinic, P.C.; Lebanon Back Pain Clinic, P.C.; Blue Mountain Medical Group, P.C.; Natural Bridge Medical Group, P.C.; and Rock Island Medical Group, P.C.
The United States alleges that from at least 2010 through October 2018, Kestner and Williams devised a scheme to operate interventional pain management clinics in Tennessee, North Carolina and Virginia, and fraudulently bill Medicare and TRICARE for TOI injections that were not actually injections into tendons at all. Through this scheme, Kestner and Williams recruited providers, including mid-level medical providers such as nurse practitioners and physician’s assistants, to the pain clinics and trained, pressured, and coerced them into performing high numbers of injections into patients’ back muscles, and then bill for these injections as if they were TOIs. The corporate pressure to meet the targeted goal of being within 15% of the top-biller of TOIs resulted in the pain clinic providers routinely giving patients six to eight injections per visit and sometimes as many as 12 injections into the back muscles, which were then billed as TOIs. During parts of the time period alleged in the lawsuit, patients were required to submit to the injections as a condition of treatment and remaining a patient of the practice. As a direct result of these practices, the defendants, either directly or indirectly, submitted false claims to Medicare and TRICARE and received millions of dollars in reimbursement from federal health care programs to which they were not entitled.
For the period from June 1, 2010 through December 31, 2015, the Medicare program paid the defendant pain clinics approximately $3 million for fraudulent services billed for Medicare beneficiaries treated at the clinics. For the period from March 6, 2014 through October 18, 2018, the TRICARE program paid Pain, MD approximately $288,000 for fraudulent services billed for TRICARE beneficiaries treated at clinics under their control.
Congress established the Medicare Program in 1965 to provide health insurance coverage for people age 65 or older and for people with certain disabilities or afflictions. Medicare Part B covers services like doctors’ and nurse practitioners’ visits and medical supplies. TRICARE (formerly known as CHAMPUS) is a federal health care program that provides health care insurance for active duty military personnel, military retirees, and military dependents.
The case is docketed as United States v. Michael Kestner, et al. (M.D. Tenn.). Assistant U.S. Attorney Ellen Bowden McIntyre represents the United States. Investigative support is provided by the Office of Inspector General of the U.S. Department of Health and Human Services and the Tennessee Bureau of Investigation. The claims in the complaint are allegations only, and there has been no determination of liability.
United States Attorney Announces Settlement with Anderson County Board of Voter Registration and Elections to Ensure Compliance with Americans with Disabilities ActRead the Press Release
Columbia, South Carolina ----- United States Attorney Sherri A. Lydon announced today a settlement with the Board of Voter Registration and Elections for Anderson County to ensure accessibility of polling locations to persons with disabilities.
The agreement requires the Board to ensure that every polling site is accessible to persons with disabilities by elections starting in 2019. The Board will provide training to all precinct coordinators on how to install and maintain any temporary measures needed to increase accessibility, such as wheelchair ramps, cones to designate accessible parking, or the placement of mats over thresholds. On Election Day and during early-voting periods, the Board must maintain in working order all facilities and equipment—including lifts, elevators, and ramps—necessary to make polling locations accessible.
Pursuant to the Americans with Disabilities Act (ADA), the County’s voting program, including its polling places, must be accessible to voters with disabilities. During the June 2018 primary elections, the U.S. Attorney’s Office and Department of Justice reviewed 15 polling places in Anderson County and concluded that many were inaccessible to voters who have mobility impairments.
The Board cooperated fully with the investigation and the U.S. Attorney’s Office in reaching a voluntary settlement agreement, which became effective on November 9, 2018. In response to the U.S. Attorney’s Office’s initial findings, the Board expressed its commitment to making all polling locations accessible. It made improvements and continued to do so prior to the Settlement Agreement becoming finalized.
“The right of individuals to participate in our democratic system of government includes full and equal access to polling places for all voters,” said U.S. Attorney Lydon. “This agreement represents an important step toward guaranteeing voting access to all of our citizens. I commend the Board for its commitment to providing equal access to polling places and for recognizing its obligations and moving promptly to take these steps.”
This case was handled by Assistant United States Attorney Robert Sneed of the Greenville office.
Title II of the ADA prohibits public entities, such as the Anderson County Board of Elections and Voter Registration, from discriminating against people with disabilities in their programs, services, and activities. With respect to voting programs, public entities are required to select and use polling places that are accessible. To learn more about the ADA and other laws protecting the rights of voters with disabilities, log on to www.ada.gov/ta-pubs-pg2.htm or call the Justice Department's toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD).
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USAO NDTX Weekly Roundup -- 11/16/18Read the Press Release
SENTENCING – Eddie Galindo-Mendez, 44
On Nov. 9, Eddie Estuardo Galindo-Mendez was sentenced to just under 5 years in federal prison after pleading guilty to bank robbery. He admits that he robbed Lubbock’s Happy State Bank in November 2017. Dressed in a large coat, gloves, hat, and sunglasses, Mr. Galindo approached a teller and handed him a note threatening an active bomb. He then placed what appeared to be a pipe bomb next to the teller’s computer. After the teller surrendered the money, Mr. Galindo took the note and fled on a bicycle, leaving the purported bomb at the bank. (The bomb squad later determined the device – galvanized pipe and wires wrapped in duct tape and connected to a cell phone – was inert.) The Bureau of Alcohol, Tobacco & Firearms conducted the investigation..PLEA – Michael Asagba, 20
On Nov. 13, Michael Asagba of Mesquite, TX pleaded guilty to three counts of aggravated robbery and one count of using a firearm, during a crime of violence on November 13. Mr. Asagba admits to a string of food store robberies in Mesquite in late February. He now faces a minimum of 7 years and a maximum of 67 years in prison. The Bureau of Alcohol, Tobacco & Firearms investigated.INDICTMENT* -- Adrian Martinez, 44
On Nov. 14, a federal grand jury indicted Adrian Martinez, a CPS worker, on one count of enticement of a child. In September, Martinez contacted an undercover officer, who was posing as a 14-year-old girl, through the Skout social networking application and stated that he was looking for a friends-with-benefits situation. He engaged in sexually explicit communications with the undercover officer and asked if the girl would skip school to meet him. They agreed to meet at a Quik Trip in Haltom City on September 25. When Martinez arrived, he was arrested. During his interview later that day, Martinez stated that he had been chatting with five to six underage girls at the time of his arrest. The Texas Department of Public Safety and FBI investigated the case.* An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
Two felons plead guilty, one sentenced for possessing firearmsRead the Press Release
LAKE CHARLES/SHREVEPORT/LAFAYETTE, La. – United States Attorney David C. Joseph announced that two felons pleaded guilty and one was sentenced for possession of firearms.
Starks man pleads guilty to possessing three firearms
Ronald Joseph Guillory, 44, of Starks, Louisiana, pleaded guilty Thursday before U.S. Magistrate Judge Kathleen Kay to one count of possession of firearms and ammunition by a convicted felon. The plea will become final when accepted by U.S. District Judge Donald E. Walter. According to the guilty plea, when Calcasieu Parish Sheriff’s officers responded to a disturbance on April 6, 2018 at a home near Vinton, Louisiana, they found Guillory sitting inside of his truck in the driveway. After the officers approached the vehicle, they noticed drug paraphernalia and arrested Guillory. They found a Stevens .16-gauge single-shot shotgun, a Marlin .22-caliber semi-automatic rifle, a Cobra .380-caliber semi-automatic pistol and ammunition on the back seat. Guillory admitted to the officers he was in possession of the weapons. Guillory was convicted in February of 2007 of simple burglary, which is a felony.
Guillory faces up to 10 years in prison, three years of supervised release and a $250,000 fine. The court set sentencing for March 25, 2019. The ATF and the Calcasieu Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Kelly P. Uebinger is prosecuting the case.
Felon from Plain Dealing pleads guilty to possessing shotgun
Johann Gary Barnes, 47, of Plain Dealing, Louisiana, pleaded guilty Thursday before U.S. District Judge S. Maurice Hicks Jr. to one count of felon in possession of a firearm. According to the guilty plea, Benton police pulled over Barnes’ pickup truck on January 29, 2018. During a search of the truck, officers noticed a small amount of marijuana in the center console and found a loaded sawed-off shotgun at the foot of the driver’s seat. Barnes was convicted on March 1, 2004 in Caddo Parish for possession with intent to distribute a Schedule I drug, and was also convicted on September 27, 2005 for possession of a firearm by a felon.
Barnes faces up to 10 years in prison, three years of supervised release and a $250,000 fine. The court set the sentencing date for February 28, 2019. The ATF and the Benton Police Department conducted the investigation. Assistant U.S. Attorney J. Aaron Crawford is prosecuting the case.
New Iberia felon sentenced for possessing firearm purchased at Lafayette store, later used in video
Jaymie Williams, 22, of New Iberia, Louisiana, was sentenced today to 15 months in prison and three years of supervised release by U.S. District Judge Elizabeth Foote on one count of possession of a firearm by a convicted felon. He was also sentenced to three years of supervised release. According to the August 22, 2018 guilty plea, Williams was present when a Century Arms, Model RAS47 firearm was purchased on March 11, 2018 at a sporting goods store in Lafayette. After the firearm was purchased, Williams possessed it on numerous occasions and featured it in one of his music videos entitled “BG Flow.” In the video, Williams handled the firearm in many scenes, and confirmed that the firearm in the video was the actual RAS47 and not a prop. He also possessed the firearm on April 18, 2018 when he entered a Lafayette gun shop with the firearm in his hands. Williams was convicted of a felony in 2017 that prohibited him from possessing a firearm.
The ATF and Lafayette Police Department conducted the investigation. Assistant U.S. Attorney Dominic Rossetti prosecuted the case.
Thes cases were brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Justice Department 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, PSN was reinvigorated and all U.S. Attorney’s Offices were directed to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Two Men Plead Guilty to Defrauding the United States Regarding the Immigration, Visa, and Employment LawsRead the Press Release
Baltimore, Maryland – Asher Sharvit, age 29, formerly of New York, New York, and Oren Sharvit, age 28, formerly of Dover, Delaware, pleaded guilty yesterday to recruiting and hiring aliens for their Maryland business for purposes of profit. U.S. District Judge Deborah K. Chasanow sentenced Asher Sharvit to 36 months and Oren Sharvit to 18 months in prison, followed by three years of supervised release, for the offense.
Rona Zhfani, who was indicted with them, has pleaded not guilty.
The guilty pleas were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Edwin Guard of U.S. Department of State’s (DOS) Diplomatic Security Service (DSS), Washington Field Office; Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Baltimore; and Special Agent in Charge Robin Blake of Department of Labor’s Office of Inspector General (DOL-OIG), Washington, D.C. Regional Office.
According to the defendants’ plea agreements, Asher Sharvit, Oren Sharvit, and Rona Zhfani operated multiple businesses in Maryland and elsewhere, including Unlimited Treasures. Inc. Unlimited 13 Corp., Deja Vu Cosmetics, and BH Distribution Group LLC (collectively ''Unlimited''). Deja Vu sold wholesale cosmetics with an emphasis on products originating from the Dead Sea region of Israel. Unlimited purchased product for resale from Deja Vu. The Defendants' Companies often used the trade names Deja Vu and BioXage when opening stores and selling products.
They knowingly agreed to recruit, hire, employ, house, and transport aliens who did not have lawful authority to work in the United States.
The defendants understood that the United States required foreign citizens desiring to work in the United States to obtain specific authorization and provide truthful information in support of their requests. Nevertheless, they intentionally hired aliens lacking lawful authority and assisted some of them in obtaining visitor visas and visitor visa extensions.
Pursuant to their plea agreements, the defendants admitted that the conspiracy lasted from approximately 2008 to 2017, and was motivated by commercial gain, i.e. maximizing the revenue and profit of Unlimited. The co-conspirators recruited aliens overseas to travel to the United States on visitor visas to work, caused the employees to work in the United States without lawful authority, and encouraged and assisted some of the aliens in making materially false statements in visa applications, visa extensions and other documents required by the immigration laws. The co-conspirators paid the aliens on a commission basis, with no deductions for taxes, social security and other required employee deductions.
The defendants admitted that the conspiracy involved the unlawful employment of more than 100 aliens who lacked the authority to work in the United States and involved the transportation or harboring of a minor. Asher Sharvit further admitted that he obstructed justice in February 2017 by participating in the destruction of Unlimited documents. In an effort to destroy evidence of the conspiracy, Asher Sharvit sent messages with another Unlimited employee and co-conspirator, resulting in the destruction of more than 25 boxes of materials at a commercial shredding location.
The court has set a trial date for Rona Zhfani in March 2019.
United States Attorney Robert K. Hur commended the DSS, HSI, and DOL-OIG for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Harry Gruber, and Michael Cunningham, who are prosecuting the federal case.
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Two Keshena Men Sentenced for Firearms Offenses on the Menominee Indian ReservationRead the Press Release
Matthew D. Krueger, United States Attorney for the Eastern District of Wisconsin, announced that Bobby Joe Sanapaw (age: 33) and Jeremy Fish (age: 34), both of Keshena, recently received sentences after convictions for firearms offenses on the Menominee Indian Reservation. The sentences were the result of July 12, 2018, guilty pleas entered by both men before Chief United States District Judge William C. Griesbach. Sanapaw was placed on probation for a period on one year on October 31, 2018 after a conviction for Possession of a Short-Barreled Shotgun. Fish was sentenced on November 9, 2018 to 18 months in prison and 36 months of supervised release after a conviction for Felon in Possession of a Firearm.
The investigation revealed that on July 12, 2017, Fish armed himself with a rifle and provided Sanapaw with a short-barreled shogun in order to confront residents at a nearby home about the neighbors’ dog. After entering the neighbors’ home and indicating a desire to kill the dog, Fish fatally shot the dog. The two fled the area after one of the residents retrieved a handgun. The resident shot and seriously wounded Sanapaw.
In sentencing Fish and Sanapaw, Chief Judge Griesbach noted the serious nature of the offense. Chief Judge Griesbach also noted that the combination of alcohol and firearms led to a “catastrophe,” and observed the need to deter others who might consider similar actions in dealing with neighbors.
The case was investigated by the Menominee Tribal Police Department and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Andrew J. Maier.
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For additional information contact:
Public Information Officer Dean Puschnig at 414 297-1700
Two Jamestown Residents Charged with Witness RetaliationRead 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 indicted Bobby Hunt, Jr., 26, and Amy Dean, 29, both of Jamestown, NY, on charges of conspiracy to retaliate against witnesses, witness retaliation, and taking action harmful to a witness. The charges carry a maximum penalty of 20 years in prison, and a $250,000 fine.
Assistant U.S. Attorneys Patricia Astorga and Emmanuel Ulubiyo, who are handling the case, stated that according to the indictment, on or about October 25, 2018, the defendants threatened to and caused bodily injury to an individual in retaliation for information relating to the commission of a federal offense given to a law enforcement officer.
The defendants were arraigned today before U.S. Magistrate Judge H. Kenneth Schroeder and are being held pending a detention hearing on November 20, 2018, 10:45 a.m.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, the Jamestown Police Department, under the direction of Chief Harry Snellings, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt.
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.
Two District Men Sentenced to Prison Terms for Crime Spree in the District of Columbia and MarylandRead the Press Release
WASHINGTON - David Sutton, 22, and Dacquan Gregory, 20, both of Washington, D.C., were sentenced today to prison terms on charges stemming from a broad daylight, 100-minute crime spree that included the theft of a car and three armed robberies and that finally ended with a car crash that seriously injured a woman.
The announcement was made by U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Both men were found guilty on Aug. 14, 2018, of one count each of conspiracy to commit robbery, theft, and unauthorized use of a vehicle to commit a crime of violence, two counts each of armed robbery and assault with a dangerous weapon, and related firearms offenses. Sutton also was found guilty of charges of aggravated assault while armed and unlawful possession of a firearm. The verdict followed a trial in the Superior Court of the District of Columbia.
The Honorable Ronna L. Beck sentenced Sutton to a prison term of 18 years and Gregory to 11 years of incarceration. Following their prison terms, each defendant will be placed on five years of supervised release.
According to the government’s evidence, the chain of events began at about 3:55 p.m. on Aug. 30, 2016. At that time, Sutton and Gregory stole a running Nissan Rouge SUV in the 3400 block of Holmead Place NW. They then used that vehicle to approach three victims with a firearm, robbing them at gunpoint. The robberies took place within just 25 minutes in the 1400 block of Rock Creek Church Road NW, the 1400 block of Tuckerman Street NW, and the 700 block of Sheridan Street NW.
Following these crimes, Sutton and Gregory drove into Maryland, where they tried to rob a former police officer in Mount Rainier at gunpoint. He was able to disarm them and take the magazine out of the gun. They then fled back into the District of Columbia, where they ran red lights and stop signs, and sped through a residential area. They finally crashed into another vehicle at about 5:35 p.m. in the 2600 block of 18th Street NE. The driver of the car they struck was a woman on her way home from work; she was transported to the hospital and had her spleen, gallbladder and part of her liver removed. She was in the hospital for two weeks.
Gregory was found by police within minutes of the crash, crawling on the ground, with a gun on him. Sutton was arrested three days later. Both have been in custody ever since.
Video surveillance captured the vehicle traveling throughout the city, and surveillance video showed defendant Sutton following one victim into his apartment building. DNA evidence tied the defendants to the robberies and the Nissan Rogue.
In announcing the sentences, U.S. Attorney Liu and Chief Newsham commended those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences and the Prince George’s County, Md. Police Department.
They commended the work of Assistant U.S. Attorneys Brittany Keil and Melissa Jackson, who investigated and prosecuted the case. Finally, they acknowledged the efforts of those who provided assistance from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Gregory Rosen and Ahmed Baset; Paralegal Specialist Antoinette Sakamsa; Litigation Technology Specialists Kimberly Smith and Anisha Bhatia, and Victim/Witness Services Coordinator La June Thames.
Two Defendants Sentenced for Narcotics Conspiracy and Firearms ViolationsRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced today that ANDRE STAGGERS, a/k/a “Dre,” age 44, and GREGORY LONDON, JR., a/k/a “Lil Gregg,” age 43, were sentenced Wednesday, November 14, 2018 after having been convicted after a five-day trial that was held in August 2018 before U.S. District Judge Mary Ann Vial Lemmon. STAGGERS and LONDON were two of four defendants who were convicted.
STAGGERS, a resident of LaPlace, was convicted of conspiracy to distribute one kilogram or more of heroin and five hundred grams or more of cocaine, along with firearms charges. Judge Lemmon sentenced STAGGERS to a term of life imprisonment plus five years. The additional five-year sentence was mandatory for having been convicted of possession of a firearm in furtherance of drug trafficking.
LONDON, also of LaPlace, was convicted of conspiracy to distribute 500 grams or more of cocaine and use of a communications facility in furtherance of drug trafficking. Judge Lemmon sentenced him to 120 months in prison and eight years of supervised release.
According to evidence presented at trial, agents with the Drug Enforcement Administration conducted an investigation from January 2015 through February 2016, concerning distribution of cocaine and heroin in St. Charles and St. John the Baptist Parishes. The federal investigation, which was conducted in coordination with state and local law enforcement, resulted in the seizure of nearly one kilogram of heroin along with scales, money counters, firearms, and over $480,000.00 in cash.
The sentencing of two other defendants who were convicted at trial, COREY SESSION, age 44, of St. Rose, and LEONARD MORRISON, a/k/a “Leonard London,” age 36, also of St. Rose, is scheduled for November 29, 2018, before Judge Lemmon.
U.S. Attorney Strasser praised the conviction as the result of a coordinated effort of federal and state law enforcement authorities within the Drug Enforcement Administration’s Gulf Coast High Intensity Drug Trafficking Area (HIDTA) Program. The DEA’s HIDTA Group #11, operating out of the New Orleans Field Division, includes members from DEA, U.S. Border Patrol, Louisiana State Police, St. Charles Parish Sheriff’s Office, St. John the Baptist Parish Sheriff’s Office, Jefferson Parish Sheriff’s Office, Gretna Police Department, Kenner Police Department, and St. Bernard Parish Sheriff’s Office. U.S. Attorney Strasser extended his thanks to the Oklahoma Highway Patrol for their assistance in this investigation. Assistant United States Attorneys Matthew R. Payne, Brittany L. Reed, and David Howard Sinkman handled the prosecution and trial. Also assisting in the prosecution was Special Assistant United States Attorney Andre Gaudin, who is assigned from the Orleans Parish District Attorney’s Office to the DEA HIDTA Group.
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Two Bozeman men sentenced for discharging lead contaminated wastewater into public sewer systemRead the Press Release
MISSOULA—Two operators of USA Brass, Inc., a former Bozeman company that cleaned and recycled spent ammunition casings, were sentenced this week in U.S. District Court after they admitted to illegal discharges of lead contaminated water into a public sewer system, U.S. Attorney Kurt G. Alme announced.
Chief U.S. District Judge Dana Christensen on Thursday sentenced Zachary Daniel Flanagan, 27, of Bozeman, to five years of probation and imposed a $50,000 fine.
On Friday, the judge sentenced co-defendant Nolan Michael Schimpf, 27, of Bozeman, to five years of probation and imposed a $50,000 fine.
Flanagan, the chief executive officer, pleaded guilty on Aug. 9, 2018 to making a false statement, a felony, while Schimpf, the company’s chief production officer, pleaded guilty the same day to negligent discharge of pollutants, a misdemeanor.
“The defendants violated the city’s wastewater pretreatment program when they discharged lead contaminated wastewater into the public sewer system,” said Jeffrey Martinez, special agent in charge of the Environmental Protection Agency’s Criminal Investigative Division in Montana.
“Defendant Flanagan falsified information to obtain permission for the discharges, and in doing so jeopardized the public’s health and safety. Today’s sentencing demonstrates that violators can expect to face prosecution,” Martinez said.
An investigation found illegal discharges into the City of Bozeman’s public wastewater treatment system occurred in the fall of 2013. USA Brass brought in spent ammunition casings from military bases, shooting ranges and recycling centers, cleaned and polished the brass casings and then sold them for reuse. The casings were placed in cement mixers where they were cleaned in a water and vinegar solution. After cleaning, the wastewater was drained from the cement mixers and collected in blue totes, which held about 300 gallons each. During the cleaning process, the wastewater became contaminated with lead, which is a toxic metal. The lead in the wastewater was high enough to be considered a pollutant under the Clean Water Act.
In November 2013, Flanagan contacted by email Dustin Johnson, the pretreatment coordinator of the Bozeman wastewater facility, to try to get permission for USA Brass to discharge lead wastewater into the city sewer system. Johnson told Flanagan he would have to get the wastewater analyzed and submit test results. Flanagan submitted lab test results and a signed wastewater survey in which he maintained the information about the cleaning process was true and accurate. Flanagan asked to dispose of the wastewater through the sewer saying it met all city standards.
Flanagan followed up the request in December with another email to Johnson seeking approval to dispose the wastewater through the sewer and told him that an environmental analyst who reviewed the lab results said it would be fine to send the wastewater down the sewer.
However, Flanagan’s statements to Johnson were false because he knew that an environmental consultant had not reviewed the lab results and concluded the wastewater would be fine for discharge to the public system.
On the same day in December, Johnson responded to Flanagan’s email and, based on Flanagan’s false statements, authorized the discharge of the lead wastewater into the sewer system.
When Johnson learned that Flanagan had provided him false information, he told investigators he would never have granted the company permission to discharge the wastewater.
The investigation also found that in September 2013, USA Brass installed a sink in the facility to dispose of the lead wastewater into the city sewer system. Employees reported that the blue totes containing the wastewater were moved to the sink on a forklift and the contents were pumped into the sink until the totes were empty. A filtration system was abandoned after a few days because it got clogged.
Flanagan and Schimpf were present on more than one occasion as the wastewater was being pumped down the sink but neither stopped the discharge or sought permission for the discharge.
By being present and doing nothing to stop the unauthorized discharges, Schimpf negligently causing the wastewater to be discharged.
The case was prosecuted by Assistant U.S. Attorney Bryan Whittaker and Special Assistant U.S. Attorney Eric E. Nelson and investigated by the EPA. Assistant U.S. Attorney Timothy Racicot represented the U.S. Attorney’s Office at sentencing.
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Two Alleged Associates of Gambino Organized Crime Family Indicted for Arson and ExtortionRead the Press Release
An indictment was unsealed today in federal court in Brooklyn charging Peter Tuccio and Jonathan Gurino with arson and arson conspiracy, extortion and extortion conspiracy and using fire to commit a felony. The defendants were arrested today and are scheduled to be arraigned this afternoon before United States Magistrate Judge Steven L. Tiscione.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the charges.
“As alleged in the indictment, the defendants delivered a frightening message in the form of fire to force a businessman to pay protection money to a high-ranking gangster,” stated United States Attorney Donoghue. “Today’s charges against two alleged crime family associates demonstrate that whether you are a made member or a young associate looking to advance in a crime family, the end result is the same – prosecution and prison.” Mr. Donoghue thanked the New York City Police Department and the New York City Fire Department’s Bureau of Fire Investigation for their assistance in the investigation.
“Organized crime families have long relied on extortion and threats of violence in exchange for so-called ‘protection,’” stated FBI Assistant Director-in-Charge Sweeney. “As alleged, the defendants set a man's car on fire to send a message, but now they are the ones feeling the heat as they face justice for their crimes. As long as organized crime families and their associates continue to act outside the law, the FBI and our partners will investigate and bring charges against them.”
As alleged in court filings, a captain in the Gambino Organized Crime Family (referred to herein as Co-Conspirator-1), had been extorting a local businessman $400 per year. During 2015, the businessman began dodging Co-Conspirator-1 to avoid making payments. On December 3, 2015, Tuccio, Gurino and Gino Gabrielli observed the businessman leave a smoke shop in Howard Beach and drive away. The three men followed at a high rate of speed and confronted him outside a pizzeria. Tuccio asked, “how’s Co-Conspirator-1?” and commented on the business owner’s car, a 2014 Mercedes Benz. The businessman fled into the pizzeria. Later that night, the businessman heard a loud noise and saw that his car was on fire. Shortly thereafter, the businessman paid Co-Conspirator-1. As detailed in court filings, the businessman’s home security video system had recorded Gabrielli pouring a substance on the Mercedes, the car erupting in flames, and Gabrielli running away with his pant leg on fire. Shortly thereafter, Gabrielli and Tuccio were caught on surveillance video entering Jamaica Hospital.
Gabrielli pleaded guilty to arson in August 2016.
The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted, the defendants each face a 15-year mandatory minimum sentence.
The government’s case is being handled by the Office’s Organized Crime & Gangs Section. Assistant United States Attorney Nadia E. Moore is in charge of the prosecution.
The Defendants: PETER TUCCIO
Age: 25
Queens, New YorkJONATHAN GURINO
Age: 25
Queens, New YorkE.D.N.Y. Docket No. 18-CR-610 (LDH)
Tohono O’Odham Nation Man Charged with Multiple Counts of AssaultRead the Press Release
United States Attorney Erica H. MacDonald today announced a federal indictment charging ADRIAN JOSEPH VALDEZ, 33, with two counts of assault with a dangerous weapon and two counts of assault resulting in serious bodily injury.[1] VALDEZ was previously charged via federal compliant on October 18, 2018. He made his initial appearance before Magistrate Judge Jon T. Huseby in U.S. District Court on October 24, 2018.
According to documents filed with the court, including a law enforcement affidavit, on August 10, 2018, law enforcement responded to a call from a female who reported an ongoing incident at a residence on the Red Lake Indian Reservation. Responding officers found a man, who later identified himself as ADRIAN JOSEPH VALDEZ, walking down the driveway. VALDEZ, who had blood on his arm, stated, “I stabbed them, handcuff me and take me to jail! I’m a bad guy, take me to jail.” VALDEZ was taken into custody at the Red Lake Detention Center.
According to documents filed with the court, including a law enforcement affidavit, responding officers found two stabbing victims at the residence who were taken to the hospital. Witnesses reported that after drinking alcohol together, a disagreement turned into a physical fight, and VALDEZ began stabbing one of the victims. A second man who attempted to break up the fight also was stabbed by VALDEZ.
During a post-Miranda interview, VALDEZ admitted to getting into a fight and subsequently stabbing the two identified victims. VALDEZ is a member of the Tohono O’Odham Nation tribe located in Southwestern Arizona.
This case is the result of an investigation conducted by the Red Lake Department of Public Safety and the FBI Headwaters Safe Trails Task Force.
This case is being prosecuted by Assistant U.S. Attorney Deidre Y. Aanstad.
Defendant Information:
ADRIAN JOSEPH VALDEZ, 33
Tohono O’Odham Nation, Ariz.
Charges:
- Assault with a dangerous weapon, 2 counts
- Assault resulting in serious bodily injury, 2 counts
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
[1] The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Third Liberty Tax Preparer Pleads Guilty to Conspiracy and Preparing Fraudulent Tax ReturnsRead the Press Release
Matthew D. Krueger, the United States Attorney for the Eastern District of Wisconsin announced that Karen Tompkins (Age: 58) of Milwaukee, Wisconsin, appeared in federal court in Milwaukee and pleaded guilty to two felony counts. Specifically, Tompkins admitted to knowingly taking part in a conspiracy to defraud the United States by preparing and filing with the IRS false tax returns that fraudulently claimed tax refunds to which the individuals were not entitled. Tompkins also admitted to willfully aiding in the preparation and filing of false income tax returns while employed as a tax return preparer.
Co-conspirators Shalonda Burns (Age: 41) and Latoya Bush (Age: 38), both of Milwaukee previously plead guilty to the same charges on September 13, 2018 and November 5, 2018. A fourth defendant, Lori Ann Stringfellow was indicted on February 13, 2018.
Tompkins was employed as a manager at a branch of Liberty Tax Services that was located at 3929 N. Humboldt Boulevard in Milwaukee, Wisconsin. Tompkins admitted to conspiring to inflate filers’ tax refunds by including false information in the filers’ tax returns. This included inventing false Schedule C business income for non-existent businesses and claiming false W-2 income and Additional Child Tax Credits to which the filers were not entitled. Additionally, Tompkins admitted to receiving kickbacks from the inflated tax refunds and creating fake documentation that was meant to support the filers’ business income.
Tompkins faces up to eight years in prison and fines of up to $350,000 and is scheduled to be sentenced on March 19, 2019.
This matter was investigated by the Internal Revenue Service Criminal Investigation. This case is being prosecuted by Assistant United States Attorney Benjamin Taibleson.
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For Additional Information Contact:
Public Information Officer Dean Puschnig 414-297-1700
Texas Return Preparers Indicted in False Tax Return SchemeRead the Press Release
A federal grand jury sitting in Waco, Texas, has returned an indictment, which was unsealed today, charging two Texas tax return preparers with conspiracy to defraud the United States, aiding and assisting in the preparation of false tax returns and filing false personal income tax returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to the indictment, Stacey Anderson, with the assistance of Janell Lightner, operated a tax preparation business, Anderson Professional Tax Services, in Texas. The business did not have a storefront and typically prepared and filed tax returns from Anderson’s personal residence. The indictment alleges that Anderson and Lightner conspired to defraud the United States and prepared clients’ tax returns, for years 2013 through 2017, that falsely claimed business losses, deductions and/or education tax credits, in order to fraudulently increase their tax refunds. Anderson’s and Lightner’s clients were from Texas, Maryland and the District of Columbia. The indictment further charges Anderson alone with filing false 2013 and 2014 tax returns for herself, on which she sought the same education credit that she falsely claimed on her clients’ returns, and that omitted income earned from her return preparation business.
If convicted, Anderson and Lightner face a statutory maximum sentence of five years in prison for the conspiracy charge and three years in prison for each count of preparing false tax returns. Anderson also faces a sentence of up to three years in prison for the counts related to her own tax returns. In addition, Anderson and Lightner are subject to a period of supervised release, restitution and monetary penalties. An indictment is an accusation. A defendant is presumed innocent until proven guilty.
Principal Deputy Assistant Attorney General Zuckerman commended special agents of Internal Revenue Service - Criminal Investigation, and the Inspector General of the Social Security Administration, who conducted the investigation, and Tax Division Trial Attorneys Robert Kemins and David Zisserson, who are prosecuting the case. Principal Deputy Assistant Attorney General Zuckerman also thanked the U.S. Attorney’s Office for the Western District of Texas (Waco Division) for their substantial assistance.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Texas Man Sentenced for Heroin and Firearms Offenses and Firearms ViolationsRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced Wednesday, November 14, 2018 that United States District Judge Martin L.C. Feldman sentenced KALIQUE HARDIN, age 21, of Dallas, Texas, to a sixty-month and one-day term of imprisonment.
HARDIN pleaded guilty to three counts of an indictment charging him with, respectively, conspiracy to distribute heroin; possession of heroin with intent to distribute; and possession of a firearm in furtherance of drug trafficking. HARDIN was arrested by Louisiana State Police troopers on February 8, 2016, Lundi Gras, in a vehicle parked in a lot in the 1000 block of Bienville Street, along with Lilbear George, Sidney LeBanks, and Basin Wells. HARDIN was sitting on a Ruger 9mm pistol with an extended magazine containing 24 live rounds. Troopers also discovered other guns, heroin, and about $11,000 in cash in the car. George and LeBanks are awaiting trial in this case, presently scheduled for February 2019.
U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation and the Louisiana State Police in investigating this matter. Assistant United States Attorney Michael E. McMahon was in charge of the prosecution.
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Texas Man Pleads Guilty to Stealing 654 Firearms from UPS Trailers in SpringfieldRead the Press Release
SPRINGFIELD, Mo. – A Ponder, Texas, man pleaded guilty in federal court today to his stealing 654 firearms from United Parcel Service trailers in Springfield, Mo., en route to Bass Pro Shops.
Frank McChriston, 34, pleaded guilty before U.S. Magistrate Judge David P. Rush to the charges contained in a Feb. 21, 2018, federal indictment. McChriston has remained in federal custody since his arrest in January 2018.
Co-defendant Quinton Haywood, 27, of Glenn Heights, Texas, has pleaded guilty to the same charges.
By pleading guilty today, McChriston admitted that he aided and abetted Haywood and others to steal cargo that was being shipped across state lines, from Beretta USA in Maryland to the state of Missouri. McChriston also pleaded guilty to aiding and abetting Haywood and others to possess stolen firearms.
According to court documents, McChriston, Haywood, and others stole 600 Beretta .380-caliber handguns and 54 Beretta 12-gauge shotguns from United Parcel Service (UPS) trailers in Springfield in October 2017.
The firearms were in the process of being shipped from Beretta Firearms in Maryland to Bass Pro Shops in Springfield. The trailers in which the firearms were shipped had been parked in the UPS freight lot in a configuration to prevent access to the trailer doors, by being parked back-to-back, with the roll-up doors facing each other. The trailers were then blocked by longer trailers, which should have acted as a preventative measure from someone backing a truck-tractor to the trailer and pulling it forward.
Sometime between noon on Oct. 28, 2017, and 8:30 a.m. on Oct. 29, 2017, thieves hot-wired two truck-tractors and used them to push and pull various trailers around the lot, allowing the thieves access to the trailer doors. UPS employees discovered the theft on Oct. 29, 2017, and notified law enforcement.
Under federal statutes, McChriston is subject to a sentence of up to 20 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the Springfield, Mo., Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Dallas, Texas, Police Department and the Texas Department of Public Safety.
Suburban Chicago Man Sentenced to 15 Years in Federal Prison for Sexually Assaulting a Child in the PhilippinesRead the Press Release
CHICAGO — A suburban Chicago man has been sentenced to 15 years in federal prison for sexually assaulting a child in the Philippines.
DONALD SCOTT COLEMAN, 64, of Elgin, repeatedly sexually assaulted the child while visiting the child’s mother in the Philippines in the fall of 2012. Coleman met the mother online and had visited and stayed with her and the child in the Philippines on several occasions.
A federal grand jury in Chicago indicted Coleman on a charge of traveling in foreign commerce and engaging in illicit sexual conduct with a minor, and he pleaded guilty to the offense last year. U.S. District Judge Harry D. Leinenweber imposed the sentence Thursday in federal court in Chicago.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation. Substantial assistance was provided by the Elgin Police Department and the Philippine National Police.
“Other U.S. citizens considering traveling to foreign countries to engage in sexual activity with minors need to understand that if they engage in such conduct, it will not go unnoticed,” Assistant U.S. Attorney Erika L. Csicsila argued in the government’s sentencing memorandum. “It will not be tolerated. Rather, it will be met with swift and significant punishment by our criminal justice system.”
The investigation revealed that Coleman knew and, at times, cared for the child during visits to the Philippines from 2009 to 2012 to see the child’s mother. Coleman repeatedly assaulted the victim during a multiple-month visit in the fall of 2012. The victim suffered severe emotional and physical harm as a result of Coleman’s conduct.
If you believe you are a victim of sexual exploitation, you are encouraged to call the National Center for Missing and Exploited Children at 1-800-843-5678. The hotline is available 24 hours a day, seven days a week.
St. Louis County Doctor Sentenced for Obstructing FBI InvestigationRead the Press Release
St. Louis, MO – Dr. Vidal Sheen, 58, St. Louis County, Missouri, was sentenced today to two years’ probation, after previously pleading guilty to obstructing an investigation by the Federal Bureau of Investigation (“FBI”) regarding whether he billed the Medicare program and private insurers for “face to face” office visits performed on dates when he was actually traveling outside of Missouri, and sometimes traveling outside of the United States. The Court further imposed a fine of $45,000 and restitution in favor of Medicare and several private insurance companies in the total amount of $142,053, which he has paid in full.
According to his plea agreement, Dr. Sheen operated a medical office in St. Louis County, Missouri. At the medical office, Dr. Sheen created medical records using a template which falsely recited patients’ symptoms and histories, and sometimes recorded vital signs (e.g. pulse rates) that did not change between patients’ visits.
Moreover, from time to time, defendant traveled to various destinations, including Punta Cana in the Dominican Republic and Florida. For these timeframes when Dr. Sheen was out of town, he created office notes with false entries reflecting that he had seen patients in his office, using his electronic signature. Dr. Sheen's medical records did not discuss the role of the other employees in his office during the out-of-town visits, or his absence from the office on the dates of service.
The United States served Dr. Sheen’s office with a subpoena requesting medical records regarding his office visits in late 2016. In response to the subpoena, on December 1, 2016, Dr. Sheen produced medical records to the FBI in which he had made false entries about face-to-face office visits, in an effort to impede, obstruct, and influence the FBI’s billing investigation.
Dr. Sheen pled guilty to one felony count of obstructing an investigation before United States District Judge Audrey G. Fleissig on July 13, 2018.
This case was investigated by the Federal Bureau of Investigation and the Office of Inspector General for the U.S. Department of Health and Human Services.
St. Croix Man Pleads Guilty to Attempted Coercion and Enticement for Illegal Sexual Activity with a MinorRead the Press Release
St. Croix, USVI – United States Attorney Gretchen C. F. Shappert announced today that Carlyle Ham, 63, of St. Croix, pleaded guilty this morning before U.S. Magistrate Judge George Cannon, Jr. to attempted coercion and enticement for illegal sexual activity involving a minor.
According to the plea agreement filed with the court, in June of 2017, law enforcement officers, posing as a 14-year-old male named "Joey," posted ads online captioned as "Hmu in stx." Following the posting of the ad, the defendant and law enforcement officers posing as "Joey" began exchanging text messages. The defendant proceeded to send a photo of himself to "Joey," followed by an invitation to meet. The defendant texted suggestions for illicit sexual activity to "Joey", who he believed was a 14-year-old male. The defendant arranged to meet "Joey" at the movie theater in St. Croix and provided a description of his vehicle. The defendant was subsequently taken into custody by law enforcement officers.
Ham faces a maximum sentence of 20 years in prison and a $250,000 fine. A sentencing date has been set for March 20, 2019.
The case was investigated by U.S. Immigration and Customs Enforcement, Homeland Security Investigations. The case is being prosecuted by Assistant U.S. Attorney Rhonda Williams-Henry.
St Louis Man Indicted for Child PornographyRead the Press Release
Jace Faugno, 23, of St. Louis, Missouri, has been charged with knowingly distributing videos depicting child pornography, Steven D. Weinhoeft, U.S. Attorney for the Southern District of Illinois, announced today. The two-count indictment alleges that the offenses occurred in St. Clair County, Illinois, on or about September 30, and October 5, 2018.
Earlier today, Faugno made his initial appearance in federal court and pleaded not guilty to the charges. He was released on bond with house arrest, electronic location monitoring and other special conditions. Trial is currently set for January 15, 2018.
The distribution of child pornography offense carries a prison sentence of 5-20 years, a fine not to exceed $250,000, and a possible lifetime term of supervised release.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proven guilty beyond a reasonable doubt to the satisfaction of a jury.
The case was investigated by the Air Force Office of Special Investigations and the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Christopher Hoell.
Springfield Man Sentenced to 20 Years for Heroin Conspiracy, FirearmRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Mo., man was sentenced in federal court today for leading a conspiracy that distributed at least a kilogram of heroin in the Springfield area.
Roosevelt Simpson, 61, was sentenced by U.S. District Judge Stephen R. Bough to 20 years in federal prison without parole. Co-defendant Romele E. Freeman, 53, of Springfield, was sentenced today to five years in federal prison without parole.
On June 19, 2018, Simpson pleaded guilty to one count of conspiracy to distribute at least a kilogram of heroin and to one count of possessing a firearm in furtherance of a drug-trafficking crime.
Simpson admitted that he was a leader in the drug-trafficking conspiracy from Sept. 1, 2012, to April 3, 2017. Simpson purchased heroin from Chicago, Ill., and St. Louis, Mo., which was transported to Springfield by vehicle. Simpson supplied heroin to other mid-level dealers, including co-defendants Romele E. Freeman, 53, and Kenneth M. Smith, 60, both of Springfield. Freeman and Smith, in turn, supplied other heroin dealers. Co-defendant Najee Boston, 38, of Springfield, personally transported heroin from St. Louis and also supplied Smith. Freeman, Smith and Boston also have pleaded guilty.
Simpson admitted that, beginning in April 2014, he purchased two to three ounces of heroin every two to three weeks. Simpson was “fronted” the heroin for $3,000 per ounce and profited approximately $4,000 per ounce. Simpson also admitted that he utilized a Rossi .38-caliber revolver for protection and aggression in furtherance of the drug-trafficking conspiracy.
During the course of the investigation, agents were able to infiltrate the drug-trafficking organization and buy heroin directly from Simpson and others. Undercover officers purchased heroin from Simpson on several occasions.
On April 12, 2016, law enforcement officers executed a search warrant at Simpson’s residence. They seized a total of 4.1 grams of heroin, $6,062 (some of which was hidden in a pair of shoes in a bedroom closet and above the cabinets in the kitchen), and the loaded Rossi revolver in a metal pot under the kitchen counter.
On April 3, 2017, law enforcement officers observed Simpson selling heroin to another person at a nearby convenience store. Officers searched his residence again and seized 4.5 grams of heroin.
This case is being prosecuted by Assistant U.S. Attorney Nhan D. Nguyen. It was investigated by the Drug Enforcement Administration, Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the Missouri State Highway Patrol and the Springfield, Mo., Police Department.
South Florida Pharmacy Owner Sentenced to 135 Months in Prison for Conspiracy to Illegally Distribute Hydromorphone and Oxycodone in North FloridaRead the Press Release
PENSACOLA, FLORIDA – Joseph Owusu, 63, of Tampa, was sentenced November 14 to 135 months in prison after pleading guilty on August 17. The sentence was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
Co-conspirators Abbisina Hepburn, 39, and Damian Hepburn, 41, both of Miami Gardens, pleaded guilty on August 10. Co-conspirator Angela Denise Clark, 48, of Sebring, Florida, was charged in the Hepburn superseding indictment and pleaded guilty on October 22, 2018. All four defendants pleaded guilty to conspiracy to distribute and possess with intent to distribute hydromorphone (Dilaudid) and oxycodone. Additionally, the Hepburns pleaded guilty to substantive counts of illegal distribution of hydromorphone. As a part of his guilty plea, Owusu agreed to voluntarily surrender his Drug Enforcement Administration (“DEA”) registration (license) to the DEA, and his pharmacist license and the Jares Pharmacy license to the State of Florida.
The Hepburns are scheduled to be sentenced on November 28, 2018, beginning at 10:30 a.m., and Clark is scheduled to be sentenced on January 3, 2019, at 10:30 a.m. All sentencing hearings will take place at the U.S. Courthouse in Pensacola.
Beginning in or about October 2015, Abbisina Hepburn and Damian Hepburn began presenting fraudulent prescriptions for hydromorphone and oxycodone to Owusu at Jares Pharmacy, which was located in Sebring, Florida. Later, in December 2016, Clark, a licensed pharmacy technician at Jares Pharmacy, became involved in the drug conspiracy.
The prescriptions presented were allegedly issued by a Hialeah doctor of osteopathy, to individuals other than Abbisina and Damian Hepburn. Owusu owned Jares Pharmacy, and was also the licensed pharmacist at Jares Pharmacy. Owusu and Clark charged the Hepburns $9.00 per tablet. After receiving the hydromorphone and oxycodone pills, the Hepburns traveled to the Northern District of Florida and elsewhere to sell the pills to third parties for a profit. During the course of his guilty plea, Owusu acknowledged that he dispensed the drugs in violation of federal law.
U.S. Attorney Canova said: “Misused prescriptions are dangerous and can contribute to the heroin and opioid epidemic our nation is currently experiencing. One of the ways we are fighting this health crisis is by prosecuting medical professionals who illegally divert controlled substances from the intended use. Corrupt pharmacists and their co-conspirators must be removed from positions allowing illegal distribution of prescription pills.”
“In 2017, over 4,000 opioid-caused deaths were reported, which is a nine percent increase over the previous year. The climbing number underscores the gravity of this problem,” said Rick Swearingen, Commissioner of the Florida Department of Law Enforcement. “Local, state, and federal law enforcement agencies across Florida are already working to combat the increase in opioid drug use, and FDLE will continue to work with our partners focusing on multi-jurisdictional drug trafficking organizations.”
“The opioid epidemic that we are facing today is one of the worst crises in American history, and our pharmacists play a vital role in preventing the illegal diversion of prescription opioid medications,” said Adolphus P. Wright, Special Agent in Charge of the DEA Miami Field Division. “As demonstrated by this case, DEA remains committed to investigating unscrupulous licensed medical professionals, to include pharmacists and pharmacy owners who willingly turn a blind eye and contribute to this devastating public health emergency.”
The case was investigated by the Florida Department of Law Enforcement and the Walton County Sheriff’s Office with assistance of the DEA Diversion Division, and the DEA. Assistant U.S. Attorney Edwin F. Knight represented the government at the Owusu sentencing hearing.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access available public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Somerville Man Pleads Guilty to Assaulting Two Federal OfficersRead the Press Release
BOSTON - A Somerville man pleaded guilty yesterday in federal court in Boston to assaulting two federal officers.
Jessi Tombari, 34, pleaded guilty to an Information charging him with assaulting two federal officers. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for March 7, 2019. Tombari has been in custody since his arrest in April 2018.
On the afternoon of April 23, 2018, an individual, later identified as Tombari, approached a uniformed member of the Federal Protective Service, who was on routine patrol outside of the Moakley Federal Courthouse in Boston. Tombari asked the officer if he had a weapon, and then attempted to take the weapon from the officer. An altercation ensued, and a Deputy United States Marshal, who was also on routine patrol, interceded and eventually the two officers were able to place Tombari into custody.
Tombari faces a sentence of up to eight years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Timothy Bane, Regional Director, Department of Homeland Security, Federal Protective Service; and John Gibbons, U.S. Marshal for the District of Massachusetts, made the announcement. Assistant U.S. Attorney Kenneth G. Shine is prosecuting the case.
Sioux Falls Man Sentenced for Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on November 13, 2018, by U.S. District Judge Karen E. Schreier.
Miles Dean Feather Earring, age 34, was sentenced to 8 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Feather Earring was indicted by a federal grand jury on April 4, 2018. He pled guilty on August 2, 2018.
The conviction stems from Feather Earring failing to register as a sex offender as required by federal law between November 30, 2017, and March 5, 2018. Feather Earring had previously been convicted of a sex offense in federal court, which requires him to register for the rest of his life.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Feather Earring was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Conspiracy to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on November 13, 2018, by U.S. District Judge Karen E. Schreier.
Brandon Gustav McGuire, age 31, was sentenced to 147 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
McGuire was indicted by a federal grand jury on April 4, 2018. He pled guilty on August 23, 2018.
Beginning on an unknown date, and continuing until on or about March 20, 2018, McGuire, along with at least one other person, distributed 500 grams or more of methamphetamine in the District of South Dakota.
During his involvement, McGuire dealt over 500 grams of methamphetamine to co-conspirators in South Dakota. He was aware that the methamphetamine he distributed would be sold to drug customers in the District of South Dakota, and elsewhere. On March 20, 2018, law enforcement executed a search warrant at his residence in Sioux Falls, and located approximately 16 grams of methamphetamine, approximately five grams of heroin, and a Sturm, Ruger & Company Incorporated, model Security-Six, .357 Magnum caliber, double-action revolver bearing serial number 154-81297, and approximately 99 rounds of various ammunition.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case was investigated by the Drug Enforcement Administration and the Sioux Falls Area Drug Task Force. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
McGuire was immediately turned over to the custody of the U.S. Marshals Service.
Siloam Springs Man Sentenced to 10 Years in Federal Prison for Firearms ViolationRead the Press Release
Fayetteville, Arkansas – Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that Adam Flores, age 28, of Siloam Springs, was sentenced today to 120 months (the statutory maximum) in federal prison followed by three years of supervised release on one count of Felon in Possession of a Firearm. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, On February 17, 2018, during the early morning hours, a deputy with the Benton County Sheriff’s Office initiated a traffic stop on Flores, due to the tags on the vehicle not matching the vehicle. Once the deputy made contact with Flores, he requested insurance and registration for the vehicle, at which time Flores advised that he had recently purchased the vehicle from his uncle. The deputy then asked for a bill of sale, which Flores could not provide. While attempting to locate the VIN number for the vehicle the deputy observed a shotgun wedged between the driver's seat and driver's door. When the deputy inquired as to why Flores had not mentioned that he had a firearm in his possession, Flores displayed a pistol and then fled the scene. After a pursuit, Flores was taken into custody.
This case was investigated by Benton County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant United States Attorney David Harris prosecuted the case for the United States.
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.
Rosebud Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Tyrone Steven Andrews, age 26, was indicted on August 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 15, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Andrews was convicted of Abusive Sexual Contact in July 2016. As a result of this conviction, he is required to register as a sex offender. It is alleged that between July 8, 2018, and August 14, 2018, Andrews, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender.
The charge is merely an accusation and Andrews is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Andrews was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Resident of Brooklyn, New York Convicted at Trial of Enticing a Minor Produce Child Pornography While a Registered Sex OffenderRead the Press Release
A Brooklyn, New York resident was convicted at trial yesterday in South Florida of enticing a minor to produce child pornography while he was a registered sex offender.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, and Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Miami Field Office, made the announcement.
Dondell Cyrus Davidson, 51, of Brooklyn, New York, was convicted at trial of producing material containing visual depictions of sexual exploitation of minors, in violation of Title 18, United States Code, Sections2251(a) and (e), and while being required to register as a sex offender, he committed a felony offense involving a minor, in violation of Title 18, United States Code, Section 2260A. Davidson is scheduled to be sentenced on February 8, 2019, by U.S. District Judge Kenneth A. Mara. Davidson faces a total statutory minimum sentence of 35 years in prison.
According to court records, between on or about July 24, 2016, and August 1, 2016, Davidson, while living in Brooklyn, engaged in an online sexual relationship with an 11 year-old minor victim who resided in the Southern District of Florida. Davidson exchanged sexually explicit photographs, videos, and chat communications with the minor victim through the use of online social media applications. During his communications with the minor victim, the defendant used a fake online identity in which he represented himself to be someone much younger.
At the time of the criminal acts Davidson was required by federal or other law to register as a sex offender.
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 the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
U.S. Attorney Fajardo Orshan commended the investigation efforts of ICE-HSI in Miami and New York in this matter. She also thanked the Port St. Lucie Police Department, New York City Police Department, and St. Lucie County Sheriff’s Office for their assistance. This case is being prosecuted by Assistant United States Attorneys Daniel Funk and Marton Gyires.
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.
Remarks by U.S. Attorney William M. McSwain at University of Pennsylvania Law SchoolRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain was honored to speak at Penn Law’s 2018 Veterans Week keynote event on November 14, 2018, hosted by the Penn Law Veterans Club.
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Remarks as prepared for delivery
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United We Stand: Honoring the Core Values of Our Veterans in Our Everyday Civic Discourse
First, I want to thank the organizers of Penn Law’s Veterans Week and those members of the Penn Law Veterans Club who invited me here today. In particular, I’d like to thank Aaron McKenney, who interned at our Office this summer. Thank you, Aaron, for inviting me here today and for your service to my Office and to our nation.
I’d also like to acknowledge and thank the Dean of Penn Law, Ted Ruger, for hosting me today and for supporting this club and all of the great work that it does. I know a critical part of the club’s mission is to recruit students with military backgrounds to come to Penn Law and to encourage discourse in the Penn Law community about veterans’ issues. And as I look out into this audience, I can see firsthand that the club is succeeding in its mission.
In addition to the Veterans Week activities here, just in this week alone, we’ve celebrated notable markers in our nations’ military history. On Saturday, November 10, we celebrated the 243rd birthday of my beloved United States Marine Corps. And on Sunday, November 11, we celebrated the 100th anniversary of Armistice Day—the official end of World War I—the war known as the “War to End All Wars.” On the 11th day, at the 11th hour, of the 11th month, a bugle call signified the truce among all nations and a recommitment to world peace.
But the world did not remain a peaceful place for very long. After World War II and the Korean War, Armistice Day was renamed Veterans Day – a day to honor veterans from all wars. And, unlike Memorial Day – the day set aside to remember America’s fallen heroes – Veterans Day is a day to honor all Americans who have served our country. That includes those living and dead, those who served in war and peace, those who served yesterday and today. On November 11th, we recognize all those who have worn the uniform.
Which brings me to the main point I want to address today. As Aaron mentioned in his opening remarks, the theme of Penn Law’s Veterans Week programming is “United We Stand.” It is a theme that has multiple layers of meaning. For one thing, it references the widely held sentiment that America’s military, as an institution, is one of the greatest unifying forces in our country today.
This theme also speaks to the remarkable reality that our military successfully brings together a mix of people from every corner of the country – a mix of different races, ethnicities, religions, and socio-economic backgrounds. And it works. It is that mix of perspectives that contributes to the military’s continued vitality.
This observation undoubtedly raises questions about what lessons we can learn from the military ethos – that is, from the core values of those serving in our American armed forces. How is it that the military manages to bring out the best in people from different backgrounds and with different points of view, and how can we honor and apply those core values in our daily lives?
But first, on the broader point – let’s consider the fact that, in an era marked by political divisiveness, the public’s confidence in the military as an institution is stronger than ever. So is our respect for those who have bravely worn the uniform to protect our country.
In a survey recently published by the Pew Research Center, 80% of Americans respondents from both political parties said they have confidence that the military will act in the best interests of the public.[1] Not surprisingly, other institutions received far lower marks. For example, only 40% of Americans surveyed said they have confidence in the news media to act in the public’s best interest. And our elected officials fared even worse: only 25% of those surveyed said the same about our representatives in government.
America’s outpouring of support for veterans and our military over this past weekend tracks these survey results. We honored and celebrated the achievements in many ways – we attended parades and watched pre-game celebrations; we listened to speeches and read news stories about sacrifice, strength, and resilience. And what struck me on this last point was that the news stories I’m referencing came from sources across the political spectrum.
This level of support is a remarkable thing, and it is one we should not take for granted. Many here today might not remember a time when our American culture viewed the military and military service rather differently. I was born in 1969 – when America was in midst of the Vietnam War. Anti-war sentiment caused many in our country to doubt the wisdom of our government, which in turn led some to demonize the military and those who wore the uniform. Fortunately, that dark patch of our history is a thing of the past.
This brings me back to our question – what lessons can we draw from the military about how people with different viewpoints can work together towards a common goal? How can we honor veterans and the sacrifices they have made for our country as we go about our daily lives?
Memorial events are important, but my vision for honoring veterans requires us to strive to improve our civic discourse. It requires an understanding that there’s more that unites us than divides us. It requires us all to put country and civility first and, where possible, to work towards compromise for the common good. It requires us to embrace several core values – those of honor, courage, and commitment – to do the right thing, even when our passions might pull us in a different direction. It also requires us to ask ourselves some hard questions as we work together to seek solutions to our nation’s most vexing issues.
For one, are we willing to enter into a real discussion about the problems that we face – especially the major national and international ones? Or are we just satisfied to be “entertained” by shouting talk shows and other vilifications featured in much of the mainstream media? Are we willing to really listen to views different from our own and try to give the holders of such views a real chance to speak? Do we consult news sources that do not necessarily share our political views, or do we choose not to test our understanding or conception of an issue?
Second, are we willing to share our views, even when others might disagree? Or do we sit back, remain silent, and allow others to speak for us?
Third, when we do speak, do we engage respectfully and with civility? Or do we choose words and phrases that only serve to increase division?
And, when we do go too far, are we willing to apologize, and to do so sincerely?
These are the lessons of decency and bravery, of honor, courage, and commitment that we can take and apply in our daily discourse on current events. Think of it as a baseline of respect that should be part of everyone’s core values.
Coincidentally, we saw a version of respectful, civic discourse play out this past weekend on – of all places – Saturday Night Live. Recently on SNL, Pete Davidson made the regrettable decision to belittle Dan Crenshaw, a Republican congressional candidate (now Congressman-elect) who lost his eye to a roadside bomb while serving in Afghanistan as a Navy SEAL. According to Davidson, Crenshaw’s eyepatch made him look like “a hitman in a porno movie.” Davidson was widely criticized for going too far, and in a rare move on SNL, Davidson issued what appeared to be an earnest apology. It was a recognition that there are some lines that we should not cross and that we are all connected together as Americans who will never forget the sacrifices veterans have made for our freedom. For those of you who didn’t see the segment, here it is: [U.S. Attorney McSwain plays the clip.][2]
There are several teachable moments in this segment about civility in political discourse. For one thing, there’s more that unites us than divides us. We are united by a commitment to recognizing right from wrong, and Davidson had the good sense to realize that he had crossed a line. Second, this demonstrates bravery – another core military value. It took guts for Davidson to admit he had gone too far, it took guts for Crenshaw to accept SNL’s invitation, and it took guts for SNL to run the segment.
These questions I posed earlier, namely: are we willing to listen; are we willing to engage; are we willing to be respectful? These are the questions we must ask ourselves, not just today and not just this week, but every day. This is how we honor the sacrifice of our veterans – by living their core values every day.
Like other Americans, when Veterans Day arrives, I’m filled with a full spectrum of emotions – pride, nostalgia, sadness, but most of all – inspiration. I’m inspired to be a better person by every man and woman who served our country in uniform. I’m inspired because veterans are ordinary people who were called to serve our country in extraordinary ways.
Let us all learn from the over 20 million military veterans currently living in the United States.[3] Let us honor their sacrifices not just today, not just this week, but every day. Let us carry forward these lessons into our civic discourse. Let us listen to one another, let us choose our words carefully and let us rise above the temptation to do otherwise.
It has been said that how a nation remembers its defenders reflects its true character and conscience. Calvin Coolidge put it more directly when he said, “The nation which forgets its defenders will be itself forgotten.”
To echo the words of Dan Crenshaw, “We will never forget.”
Again, it is an honor to be with you today – during a week that has such profound meaning for all of us and our country. God bless you, and God Bless the United States of America.
[1] http://www.pewresearch.org/fact-tank/2018/09/04/trust-in-the-military-exceeds-trust-in-other-institutions-in-western-europe-and-u-s/ (last visited November 12, 2018).
[2] https://www.youtube.com/watch?v=GKaakjMVtyE.
[3] http://www.pewresearch.org/fact-tank/2017/11/10/the-changing-face-of-americas-veteran-population/ (citing most recent Veterans Administration study).
Red Lake Man Charged with Domestic ViolenceRead the Press Release
United States Attorney Erica H. MacDonald today announced a federal indictment charging DARWIN LEE LUSSIER, SR., 52, with assault with a dangerous weapon and assault resulting in serious bodily injury. LUSSIER was previously charged on October 30, 2018, via federal complaint.[1] LUSSIER made his initial appearance before Magistrate Judge Jon T. Huseby in U.S. District Court on October 31, 2018.
According to documents filed with the court, including a law enforcement affidavit, on October 8, 2018, law enforcement responded to calls from a female who reported being the victim of multiple ongoing violent attacks, including being clubbed in the head. The female reported that she was at the LUSSIER’s home and that he had fled.
According to documents filed with the court, including a law enforcement affidavit, responding officers brought the female to the hospital. Upon execution of a search warrant at LUSSIER’s residence, officers found LUSSIER hiding in the basement. Officers also found the spiked club, previously described by the victim.
This case is the result of an investigation conducted by the Red Lake Department of Public Safety and the FBI Headwaters Safe Trails Task Force.
This case is being prosecuted by Assistant U.S. Attorney Deidre Y. Aanstad.
Defendant Information:
DARWIN LEE LUSSIER, SR., 52,
Red Lake, Minn.
Charges:
- Assault with a dangerous weapon, 1 count
- Assault resulting in serious bodily injury, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
[1] The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Rapid City Man Sentenced for Illegal Possession of FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
William James Jackson, age 27, was sentenced on November 9, 2018, to 27 months in federal prison, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Jackson was charged on February 22, 2017. The charge related to Jackson knowingly being in possession of an RG Industries, model RG14S, .22 caliber revolver. Jackson is prohibited from possessing firearms due to a previous conviction for domestic violence.
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. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted and tried the case.
Jackson was remanded to the custody of the U.S. Marshals Service.
Physician Sentenced to Federal Prison in Scheme to Falsify Medical Exams for Commercial DriversRead the Press Release
DUBLIN, GA: A doctor convicted of falsifying medical safety examinations for commercial drivers has been sentenced to nearly three years in federal prison.
U.S. District Judge Dudley H. Bowen on Wednesday sentenced Dr. Mark Griffis, 61, of Eastman, Ga., to 30 months in prison for conspiring to falsify Department of Transportation-mandated medical exams for drivers who hold commercial licenses, announced Bobby L. Christine, U.S. Attorney for the Southern District of Georgia.
Griffis was convicted after a three-day jury trial in June. Judge Bowen also fined Griffis $6,000, and ordered him to serve three years of federally supervised release after he completes his prison sentence. There is no parole in the federal system.
According to the evidence presented at trial, Jo Carol White, a DOT-approved drug and alcohol screener, paid Griffis to falsely certify medical exam forms at $50 each without actually examining the driver. This scheme allowed 271 drivers to renew their commercial driver licenses without undergoing the appropriate medical exams to assure their fitness to drive. Earlier this year, White was sentenced to 15 months imprisonment for her role in the conspiracy.
“Motorists expect and deserve the highest standards of safety from commercial drivers who make a living transporting goods on our taxpayer-funded roadways,” said U.S. Attorney Bobby L. Christine. “Griffis violated the duties of his profession and made our highways more dangerous for no reason other than pure greed.”
“The sentencing of Dr. Mark Griffis demonstrates the commitment of the Department of Transportation Office of Inspector General (DOT-OIG) to pursuing fraudulent activities by medical professionals in the motor carrier industry who are willing to compromise the safety of the traveling public for personal gain,” stated Todd Damiani, Regional Special Agent-In-Charge, DOT-OIG. “Working with our departmental, law enforcement and prosecutorial partners, we will continue our vigorous efforts to prevent, detect and prosecute fraud schemes that compromise the integrity of DOT’s safety programs.”
DOT-OIG Special Agent Sara Oliver led the investigation of Griffis. She was assisted by investigators of the Drug Enforcement Administration. The Federal Motor Carrier Safety Administration and the Georgia Department of Driver Services also provided assistance.
Assistant United States Attorney Karl Knoche prosecuted the case on behalf of the United States.
For any questions, please contact Barry Paschal at the United States Attorney’s Office at (912) 652-4422.
Owners of Northwest’s Largest Electronics Recycling Firm Plead Guilty to Wire Fraud ConspiracyRead the Press Release
The owners and Chief Executive Officers of Total Reclaim, the Northwest’s largest recycler of electronic waste, pleaded guilty today in U.S. District Court in Seattle to conspiracy to commit wire fraud, announced U.S. Attorney Annette L. Hayes.
CRAIG LORCH, 61, of Seattle, and JEFF ZIRKLE, 55, of Bonney Lake, Washington, admitted that they collected millions of dollars from public agencies and other organizations by falsely telling them that Total Reclaim would recycle used electronics products domestically in an environmentally-safe manner. In fact, the defendants secretly shipped millions of pounds of mercury-containing flat screen monitors to Hong Kong, where the monitors were dismantled in a manner that risked serious health consequences to workers, and damage to the environment. The two men face up to five years in prison when sentenced by U.S. District Judge Richard A. Jones on February 1, 2019. LORCH and ZIRKLE have also agreed to pay restitution of up to $1.1 million.
“These defendants held their company out as one of the good guys, signing agreements promising they would keep hazardous materials out of the environment. But even as they made that pledge, they secretly shipped millions of flat screen monitors to Hong Kong where disposal practices endangered workers and the environment,” said U.S. Attorney Annette L. Hayes. “Their actions were driven by greed and a total disregard for the promises they had made. As a result customers unknowingly ended up harming the environment rather than protecting it as they intended.”
“Total Reclaim is the largest e-waste recycler in the northwestern United States,” said Special Agent in Charge Jeanne M. Proctor of EPA’s Criminal Investigation Division. “During an eight-year period, the company exported to Hong Kong millions of pounds of electronic products containing mercury, while fraudulently reporting to customers and state agencies that they were being appropriately recycled.”
According to records filed in the case, Total Reclaim promoted itself as a responsible electronics recycler. Total Reclaim’s website stated that “our commitment to environmental responsibility is at the core of everything Total Reclaim does.” Total Reclaim signed a public pledge in which it promised not to “allow the export of hazardous E-waste we handle to be exported” to developing countries, where workers are known to disassemble electronics, which contain dangerous materials such as mercury, without safety precautions. Total Reclaim signed agreements with customers, such as the City of Seattle, in which the customers agreed to pay Total Reclaim to recycle electronics in accordance with these standards. Total Reclaim was also the biggest participant in the “E-Cycle Washington” program. E-Cycle Washington allows consumers to drop off used electronics at stations such as Goodwill Industries, and pays companies like Total Reclaim to recycle to those electronics according to Washington Department of Ecology standards.
In 2008, contrary to its promises to the public, Total Reclaim began secretly exporting flat screen monitors to Hong Kong to avoid the cost of safely recycling the monitors in the United States. Flat screen monitors are known to contain mercury, which can cause organ damage, mental impairment, and other serious health consequences to people exposed to the material. LORCH and ZIRKLE caused at least 8.3 million pounds of monitors to be shipped to Hong Kong between 2008 and 2015. To prevent customers and auditors from learning of the practice, LORCH and ZIRKLE falsified documents, made false statements to customers, and stored the monitors at an undisclosed facility while they awaited shipping.
Defendants’ fraud was discovered in 2014 by a non-governmental organization known as the Basel Action Network (“BAN”). BAN, which studies the export of electronic waste, placed electronic trackers on flat screen monitors and deposited them for recycling. The trackers showed that the monitors were collected by Total Reclaim and then exported to Hong Kong. When BAN representatives followed the tracking devices to Hong Kong, they discovered that the monitors were being dismantled by laborers who smashed the monitors apart without any precautions to protect the workers or the environment. After BAN notified LORCH and ZIRKLE of its findings, LORCH and ZIRKLE tried to cover up their fraud by altering hundreds of shipping records.
Conspiracy to commit wire fraud is punishable by up to 5 years in prison and a $250,000 fine.
The case was investigated by the Environmental Protection Agency Criminal Investigation Division (EPA-CID). The case is being prosecuted by Assistant United States Attorney Seth Wilkinson.
Omaha Man Sentenced for Making a False Statement to Federal InvestigatorsRead the Press Release
United States Attorney Joe Kelly announced today that on November 15, 2018, United States District Court Judge John M. Gerrard sentenced Lafi Jafari, age 74, of Omaha, Nebraska, to a term of one year probation and a fine of $20,000 following his felony conviction for making a false statement to federal investigators.
During an investigation conducted by Special Agents with the Housing and Urban Development Office of Inspector General, it was determined that Jafari was a landlord who owned rental properties in Omaha, Nebraska. A number of these properties participated in an Omaha Housing Authority program, in conjunction with the United States Department of Housing and Urban Development, to provide low and moderate income individuals with safe and sanitary housing through rent subsidies.
Starting in 2012, Jafari provided cash in amounts ranging from $200 to $700 to a program integrity specialist employed by the Omaha Housing Authority. The program integrity specialist’s duties included investigating for the presence of non-compliance or fraud perpetrated by tenants, vendors, and landlords participating in the Omaha Housing Authority program. Over a three-year time span the program integrity specialist received at least $2,100 from Jafari and others associated with him.
When questioned by special agents whether Jafari knew the Omaha Housing Authority program integrity specialist who had received the payments, Jafari falsely stated that he had never provided anything of value to an employee of the Omaha Housing Authority and that he did not know the program integrity specialist.
This case was investigated by the Federal Bureau of Investigation and Housing and Urban Development Office of Inspector General.
North Carolina woman pleads guilty to stealing more than $140,000 in benefits from army health insurance planRead the Press Release
LAFAYETTE, La. – United States Attorney David C. Joseph announced that a North Carolina woman pleaded guilty Tuesday to conspiring with her ex-husband to illegally obtain health care benefits from the Department of Defense Health Program, Tricare.
Amanda Elise Morphis, 26, of Sanford, North Carolina, pleaded guilty before U.S. District Judge Jay C. Zainey to one count of conspiracy to commit health care fraud. According to the guilty plea, Morphis divorced U.S. Army Sergeant Nathan Chance Louvier, 30, of Deridder, Louisiana, on December 6, 2011. For more than two years after their divorce, Morphis and Louvier falsely represented to the Defense Department, the Army and Tricare that they were married so that Morphis could receive health care benefits from Tricare after her entitlement to benefits had ended. Between December 7, 2011 and February 2014, Tricare paid $143,387.56, in fraudulent claims for Morphis’ health care benefits.
United States Army regulations and federal statutes require military service members to update the Defense Enrollment Eligibility System within 30 days of events such as a death or divorce that change the status a service member’s dependents.
Louvier pleaded guilty to conspiracy on October 3, 2018. The defendants face a maximum of five years in prison, three years of supervised release, a $250,000 fine and mandatory restitution to repay Tricare $143,387.56 for paid fraudulent claims. The court set Louvier’s sentencing for January 9, 2019 and Morphis’ sentencing for February 13, 2019.
The Fort Polk - Criminal Investigation Division conducted the investigation. Assistant U.S. Attorney Joseph T. Mickel is prosecuting the case.
New Orleans Man Sentenced in Heroin-Trafficking ConspiracyRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced yesterday that ANTWINE SMITH, age 42, of New Orleans, was sentenced today after pleading guilty to one count of conspiring to traffic one kilogram or more of heroin in the Eastern District of Louisiana. United States District Judge Carl J. Barbier sentenced SMITH to 78 months imprisonment and 5 years supervised release.
On July 25, 2014, SMITH was one of 12 defendants charged in a 23-count indictment. According to court documents, this investigation targeted a heroin trafficking organization operating in New Orleans East. This organization was responsible for distributing at least 15 kilograms of heroin in New Orleans. Agents seized approximately $1,200,000 in assets (a combination of vehicles, currency, jewelry and real property) from members of this drug trafficking organization that were acquired with proceeds derived from the sale of heroin.
SMITH was the last of the twelve defendants to plead guilty and receive his sentence. Co-defendants include:
LARRY HARDY pled guilty to conspiracy to possess with intent to distribute one kilogram or more of heroin and was sentenced to 90 months incarceration.
AMBROSE WILLIAMS pled guilty to conspiracy to possess with intent to distribute one kilogram or more of heroin and was sentenced to 120 months incarceration.
ANTOINETTE KELLY pled guilty to distribution of heroin and was sentenced to 15 months incarceration.
CHRISTOPHER FRANCIS pled guilty to conspiracy to possess with intent to distribute one kilogram or more of heroin and was sentenced to 240 months incarceration.
RODNEY MACK pled guilty to conspiracy to possess with intent to distribute one kilogram or more of heroin and was sentenced to 120 months incarceration.
THOMAS HARRISON pled guilty to conspiracy to possess with intent to distribute one kilogram or more of heroin and was sentenced to 144 months incarceration.
VINCENT P. JONES pled guilty to conspiracy to possess with intent to distribute one kilogram or more of heroin and was sentenced to 180 months incarceration.
BETH MARIE NGUYEN pled guilty to conspiracy to possess with intent to distribute one kilogram or more of heroin and was sentenced to 36 months incarceration.
RICKY MARQUETTE BOZEMAN pled guilty to conspiracy to possess with intent to distribute 100 grams or more of heroin and was sentenced to 144 months incarceration.
MICHAEL SORINA pled guilty to conspiracy to possess with intent to distribute one kilogram or more of heroin and was sentenced to 120 months incarceration.
TERRELL CARNEY pled guilty to conspiracy to possess with intent to distribute one kilogram or more of heroin and was sentenced to 180 months.
U.S. Attorney Strasser praised the work of the Drug Enforcement Administration, Kenner Police Department, and Border Patrol in investigating this matter. Assistant United States Attorney Brandon Long is in charge of the prosecution.
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New Orleans Man Charged in Federal Court for Bank RobberyRead the Press Release
NEW ORLEANS - U.S. Attorney Peter G. Strasser announced yesterday that a federal grand jury returned an indictment against defendant TROYNELL COOKS, age 39, of New Orleans, for bank robbery, in violation of Title 18, United States Code, Section 2113(a).
The federal indictment alleges that TROYNELL COOKS entered the Hancock Bank at 2421 St. Claude Avenue, New Orleans, Louisiana, and demanded money.
If convicted of the violation, TROYNELL COOKS faces a maximum term of imprisonment of twenty (20) years, a $250,000 fine, up to three (3) years supervised release following any term of imprisonment, and a $100 special assessment fee.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This matter was handled by the Federal Bureau of Investigation and the New Orleans Police Department. Assistant United States Attorney Duane A. Evans is prosecuting the case.
New Castle Man Charged with Violating Federal Firearms and Drug LawsRead the Press Release
PITTSBURGH, Pa. A resident of New Castle, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal firearm and narcotics laws, United States Attorney Scott W. Brady announced today.
The three-count indictment, returned on Nov. 13 and unsealed today, named Samuel A. Cheeks, 31, as the sole defendant.
According to the indictment, on or about July 23, 2017, and September 27, 2017, Cheeks unlawfully possessed a firearm and ammunition after having previously been convicted of crimes punishable by imprisonment for a term exceeding one year. The indictment also alleges that, on September 27, 2017, Cheeks unlawfully possessed a mixture and substance containing a detectable amount of cocaine.
The law provides for a maximum sentence of 10 years in prison, a fine of not more than $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Jeffrey R. Bengel is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Ellwood City Police Department, and the New Castle Police Department conducted the investigation leading to the Indictment in this case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice has made turning the tide of rising violent crime in America a top priority.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Motel Room Search Results in Federal Felony Drug Conviction and 81-Month Prison SentenceRead the Press Release
United States Attorney Joe Kelly announced today that on November 13, 2018, United States District Judge Robert F. Rossiter, Jr., sentenced Deshawn Trent to a term of imprisonment of 81 months, to be served in the U.S. Bureau of Prisons. Trent pleaded guilty to Possession with Intent to Distribute Methamphetamine, a felony offense.
On August 9, 2017, Omaha Police Department narcotics investigators executed a search warrant at a motel room where Trent was staying in Omaha, Nebraska. Trent was present and was arrested after officers recovered more than 300 grams of methamphetamine from the room.
This case was initially investigated by the Omaha Police Department, with assistance from the Omaha Division of the Drug Enforcement Administration.
Minnesota couple admits possessing nearly 1,000 pounds marijuanaRead the Press Release
BILLINGS—A Minnesota couple admitted on Thursday in U.S. District Court to possessing for distribution nearly 1,000 pounds of marijuana in their recreational vehicle after getting arrested in Miles City, U.S. Attorney Kurt Alme said.
Steven Thomas Robinson, 59, and his wife, Vicki Lynn Robinson, 59, of Milaca, Minn., each pleaded guilty to possession with intent to distribute marijuana. The maximum penalty is a minimum mandatory five years to 40 years in prison, a $5 million fine and four years supervised release.
U.S. District Judge Susan Watters presided at the hearing.
On Aug. 30, 2017, the Montana Highway Patrol’s Eastern Montana Interdiction Task Force received information from a Minnesota drug task force that an RV was transporting a large quantity of marijuana from California to Minnesota. The Montana Highway Patrol located the RV in a Walmart parking lot in Miles City and began surveilling the vehicle. The RV left the parking lot and stopped at the Gold Dust Casino parking lot. Officers saw two occupants of the RV leave the casino and head to the RV. The officers approached and began talking to the couple, identified as the Robinsons.
When the officers asked for license and registration documents, Vicki Robinson said the registration was in the RV. When she opened the door, officers smelled a strong order of raw marijuana. A police K-9 then alerted to the vehicle.
Steven Robinson agreed to speak with officers and admitted there was about 800 pounds of marijuana in the RV and that he was transporting it. He told officers he had delivered before and was paid $20,000. He also consented to a search of the RV and his cell phone. Officers found about 960 pounds of marijuana.
Judge Watters set sentencing for March 14 in Billings. The couple was released.
Assistant U.S. Attorney Tom Godfrey prosecuted the case, which was investigated by the Eastern Montana Interdiction Task Force.
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Mexican National Pleads Guilty to Illegal ReentryRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced today that JOSE LUIS MEZA-LOPEZ, age 52, a native of Mexico, pleaded guilty on November 14, 2018 to a one-count bill of information charging him with illegal entry of a removed alien.
According to the court documents, MEZA-LOPEZ was found in the United States on or about May 30, 2018, after having been previously removed on July 20, 2012.
MESA-LOPEZ faces a maximum term of imprisonment of 2 years, a fine of $250,000, one year of supervised release, and a $100 special assessment fee. U.S. District Judge Sarah S. Vance set sentencing for March 13, 2019.
U.S. Attorney Strasser praised the work of Immigration and Customs Enforcement agents in investigating this matter. Assistant United States Attorney G. Dall Kammer is in charge of the prosecution.
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Mexican Man Charged with Illegal Use of a Social Security Number and Submitting False Information in an Attempt to Secure a U.S. PassportRead the Press Release
NEW ORLEANS – FRANCISCO JAVIER NUNEZ-ALEMAN, age 32, a citizen of Mexico was charged in a two-count indictment for illegal use of a Social Security number in violation of Title 42, United States Code, Section 408(a)(7)(B). He was further charged with using a false social security number in attempting to secure a U.S. Passport, a violation of Title 18, United States Code, Section 1542.
NUNEZ-ALEMAN faces a maximum term of imprisonment of not more than five (5) years, a fine of $250,000.00, and a mandatory special assessment of $100.00 on both counts. Additionally, NUNEZ-ALEMAN is subject to a period of supervised release after imprisonment of up to three years.
The indictment further alleged that NUNEZ-ALEMAN applied for a U.S. Passport at the Bourg, La. Post Office. The State Department determined that the Social Security number he used belonged to another individual. NUNEZ-ALEMAN further used the fraudulently obtained social security number in applying for a job at a Houma, La employer.
U.S. Attorney Peter G. Strasser pointed out that an indictment is merely allegation. Each element of the offense must be proven beyond a reasonable doubt.
U.S. Attorney Peter G. Strasser praised the work of the United States Department of Homeland Security and the U.S. State Department Diplomatic Security Service in investigating this matter. Assistant U.S. Attorney Carter K.D. Guice, Jr. is in charge of the prosecution.
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Mexican Citizen Charged in Federal Court with Illegal Reentry into the United States, Drug Distribution and Firearms ChargesRead the Press Release
Matthew Krueger, United States Attorney for the Eastern District of Wisconsin, announced today that a federal grand jury has returned a nine-count indictment charging Jose Facio-Santos (age 39), a Mexican citizen, with illegal reentry by a previously deported alien, in violation of Title 8, United States Code, § 1326(a); three counts of the unlawful possession of firearms, in violation of Title 18, United States Code, § 922(g)(5); three counts of drug distribution in violation of Title 21, United States Code, §§ 841(a)(1), (b)(1)(C), and Title 18, United States Code, § 2; and two counts of aiding women traveling across state lines for the purposes of prostitution, in violation of Title 18, United States Code, §§ 2421 and 2.
If convicted on the illegal reentry charge, Facio-Santos faces a maximum of 2 years imprisonment and a $250,000.00 fine. If convicted of the firearms charges, he faces 10 years imprisonment and a $250,000 fine on each count. He faces 20 years imprisonment and a $1,000,000 fine on each of the distribution counts. And if convicted of the prostitution charges, he faces 10 years imprisonment and a $250,000 fine on each count.
The case was investigated by Milwaukee Police Department, the United States Immigration and Customs Enforcement - Homeland Security Investigations, the Drug Enforcement Administration, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case is being prosecuted by Assistant U.S. Attorney Karine Moreno-Taxman.
An indictment is only a charge and not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove his guilt beyond a reasonable doubt.
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For further information contact:
Public Information Officer Dean Puschnig at (414) 297-1700
Mexican Citizen Arraigned on Drug Trafficking ConspiracyRead the Press Release
Earlier today, Armando Medina, 32, a citizen of Mexico, made his initial appearance and arraignment on a superseding indictment charging him with conspiracy to distribute and possess with intent to distribute controlled substances, the U.S. Attorney for the Southern District of Illinois, Steven D. Weinhoeft, announced. According to the indictment, the criminal conspiracy operated from approximately May to September 2014 and involved at least 19 named defendants, including Medina. The controlled substances alleged are cocaine and methamphetamine.
If convicted,Medina faces 10 years to life in prison, a fine of up to $10 million, and at least five years of supervised release. Medina was extradited from Mexico earlier this month to face prosecution in the Southern District of Illinois. He has entered a plea of not guilty and is being held without bond pending a detention hearing on November 27. Trial is currently set for January 15, 2019, at the federal courthouse in East St. Louis, Illinois.
Evidence in support of this prosecution was obtained in an investigation conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF initiative is designed to bring federal, state, and local law enforcement agencies and resources together to identify, target and dismantle large national and international drug trafficking organizations. The investigation is being conducted by agents from the Drug Enforcement Administration. The prosecution is being handled by Assistant U.S. Attorney Monica A. Stump.
Members of the public are reminded that an indictment is simply a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
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Earlier today, Armando Medina, 32, a citizen of Mexico, made his initial appearance and arraignment on a superseding indictment charging him with conspiracy to distribute and possess with intent to distribute controlled substances, the U.S. Attorney for the Southern District of Illinois, Steven D. Weinhoeft, announced. According to the indictment, the criminal conspiracy operated from approximately May to September 2014 and involved at least 19 named defendants, including Medina. The controlled substances alleged are cocaine and methamphetamine.
If convicted,Medina faces 10 years to life in prison, a fine of up to $10 million, and at least five years of supervised release. Medina was extradited from Mexico earlier this month to face prosecution in the Southern District of Illinois. He has entered a plea of not guilty and is being held without bond pending a detention hearing on November 27. Trial is currently set for January 15, 2019, at the federal courthouse in East St. Louis, Illinois.
Evidence in support of this prosecution was obtained in an investigation conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF initiative is designed to bring federal, state, and local law enforcement agencies and resources together to identify, target and dismantle large national and international drug trafficking organizations. The investigation is being conducted by agents from the Drug Enforcement Administration. The prosecution is being handled by Assistant U.S. Attorney Monica A. Stump.
Members of the public are reminded that an indictment is simply a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.