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9 November 2018
MS-13 Member Sentenced to 68 Months in Federal Prison for Conspiring to Rob Two Taxi Cab DriversRead the Press Release
Greenbelt, Maryland – U.S. District Judge George J. Hazel sentenced El Salvadoran national Kevin Fernandez-Serrano, age 23, of Langley Park, Maryland, to 68 months in prison, followed by three years of supervised release, for leading a conspiracy to rob taxi cab drivers. At his sentencing hearing on November 8, 2018, Fernandez-Serrano admitted that he is a member of the MS-13 gang.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Chief J. Thomas Manger of the Montgomery County Police Department; and Chief Henry P. Stawinski III of the Prince George’s County Police Department.
According to his plea agreement, Fernandez-Serrano and his co-conspirators planned to, and did rob, drivers for taxi dispatch services operating in Montgomery and Prince George’s Counties. Fernandez-Serrano directed the co-conspirators to commit the robberies; he provided weapons, including knives and a gun, for use during the robberies; he acted as the getaway driver after the robberies; and he collected and distributed proceeds from the robberies, including using the proceeds to benefit MS-13.
Specifically, on February 10, 2017, Fernandez-Serrano drove three co-conspirators to a donut shop in Wheaton, Maryland, for the purpose of robbing a taxi cab driver. Fernandez-Serrano provided the co-conspirators with knives to use during the robbery. One of the co-conspirators called a company to request a taxi. The taxi arrived a short time later and the three co-conspirators got into the vehicle and directed the driver to a dead-end street near a park, where they robbed the driver, pressing the knives to the victim’s stomach and neck. The conspirators stole $350 in cash, the victim’s cellular phone, gold chain, watch, and credit card. The conspirators fled through the park, then entered the getaway car driven by Fernandez-Serrano. Fernandez-Serrano collected the cash and stolen items, kept some for himself, and distributed items, including the victim’s phone and watch, to his co-conspirators. Fernandez-Serrano and the co-conspirators used the victim’s credit card to make a purchase at a convenience store in Silver Spring, Maryland.
On February 17, 2017, Fernandez-Serrano drove two co-conspirators in a stolen vehicle to a dead-end street in Hyattsville, where he called a different company to request a cab. When the cab driver arrived, Fernandez-Serrano pulled his car into the road, blocking the taxi driver from leaving, and the co-conspirators approached and entered the taxi. One held a gun to the victim’s head and the other held a knife to the victim’s ribs, demanding that the victim give them everything he had. The co-conspirators stole $75 in cash, the victim’s cellular phone, and other personal items. The co-conspirators demanded the passcode for the phone and threatened to shoot the victim if the driver lied about the passcode. The co-conspirators got out of the car, threw the car keys to the side of the road, entered the stolen vehicle being driven by Fernandez-Serrano, and they all drove away.
Fernandez-Serrano was later arrested. He fled when officers attempted to apprehend him, dropping two cellular phones, including the one he used to call the taxi company on February 17th.
Co-defendants Frank Anthony Diaz-Navarro, age 22, and Carlos Alfredo Garay-Ramirez, age 19, both of Silver Spring, Maryland, and Jose Ernesto Saravia-Cubias, age 24, of Greenbelt, Maryland, previously pleaded guilty to their roles in the robbery conspiracy. Diaz-Navarro was sentenced to 46 months in federal prison. Saravia-Cubias and Garay-Ramirez are scheduled to be sentencing on November 15 and November 16, 2018, respectively. The defendants are all El Salvadoran nationals and are expected to be deported after serving their federal sentences.
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. PSN was reinvigorated 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.
United States Attorney Robert K. Hur commended HSI, and the Montgomery and Prince George’s County Police Departments for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Timothy F. Hagan, Jr., who is prosecuting the case.
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MS-13 Member Pleads Guilty to Conspiring to Participate in A Violent Racketeering EnterpriseRead the Press Release
A Maryland gang member pleaded guilty today to his participation in a racketeering enterprise in furtherance of the activities of the gang known as La Mara Salvatrucha, or MS-13.
Assistant Attorney General Brian A. Benczkowski for the Justice Department’s Criminal Division, U.S. Attorney Robert K. Hur for the District of Maryland, Acting Special Agent in Charge Scott Hoernke of the U.S. Drug Enforcement Administration (DEA) Washington Field Division, Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Baltimore Field Office, Chief J. Thomas Manger of the Montgomery County Police Department, Chief Henry P. Stawinski III of the Prince George’s County Police Department, Prince George’s County State’s Attorney Angela D. Alsobrooks, Chief Amal Awad of the Hyattsville Police Department and Montgomery County State’s Attorney John McCarthy made the announcement.
Kevin Alexis Hernandez-Guevara, aka “Stop,” 22, a citizen of El Salvador illegally residing in Elizabethtown, New Jersey, pleaded guilty before the Honorable Judge Paula Xinis in the District of Maryland to conspiracy to participate in a racketeering enterprise. Hernandez-Guevara is scheduled to be sentenced on Feb. 15, 2019.
According to the plea agreement, MS-13 is a gang composed primarily of immigrants or descendants of immigrants from El Salvador, with members operating in the State of Maryland, including Montgomery County, Prince George’s County, and Frederick County, and throughout the United States. Branches or “cliques” of MS-13 often work together cooperatively to engage in criminal activity and to assist one another in avoiding detection by law enforcement. MS-13 members and associates are required to commit acts of violence within the gang and against rival gangs. One of the principal rules of MS-13 is that its members must attack and kill rivals, known as “chavalas,” whenever possible.
Pursuant to his plea agreement, Hernandez-Guevara admitted that from at least July 2016, he was a member and associate of the Sailors Clique. Hernandez-Guevara admitted to participating in numerous acts in furtherance of the racketeering conspiracy.
For example, according to the plea agreement, on or about July 29, 2016, Hernandez-Guevara and three other members and associates of MS-13 planned and conspired to murder Victim-2, who was believed to be a member of a rival gang. On July 29, 2016, pursuant to that plan, Hernandez-Guevara and other MS-13 members and associates lured Victim-2 to a secluded area in Hyattsville, Prince George’s County, Maryland. One of the MS-13 members and associates shot at Victim-2, and missed. Hernandez-Guevara collected the fired shell casings from the gunshots fired by Hernandez-Guevara’s co-conspirator. Multiple MS-13 members and associates then assaulted and stabbed Victim-2 with the intention of killing him. Victim-2 died as a result of injuries sustained during this attack, which included 61 sharp force injuries.
Additionally, according to the plea agreement, on or about Aug. 9, 2016, in Hyattsville, Hernandez-Guevara and other MS-13 members and associates planned and attempted to rob Victim-3 and Victim-4 of a pound of marijuana that Victim-3 and Victim-4 were going to sell to Hernandez-Guevara and his co-conspirators. During the attempt, Victim-3 and Victim-4 resisted. In the course of the struggle, Victim-3 and Victim-4 were shot, stabbed, and sustained serious, permanent, and life threatening bodily injuries. Hernandez-Guevara and another co-conspirator were also shot.
Hernandez-Guevara also admitted to distributing less than one kilogram of marijuana for and on behalf of the Sailors Clique. His activities included receiving and distributing marijuana and proceeds from the sale of marijuana.
Eight of Hernandez-Guevara’s co-defendants remain charged in the sixth superseding indictment with various racketeering violations, drug trafficking conspiracy, and extortion conspiracy. The trial of the eight remaining defendants is scheduled to commence on March 12, 2019.
An indictment is merely an allegation. Those defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
HSI Baltimore, FBI Washington Field Office, DEA Washington Field Office, the Prince George’s County Police Department, the Montgomery County Police Department, the Prince George’s State’s Attorney’s Office, the Hyattsville Police Department, and the Montgomery County State’s Attorney’s Office investigated this case. Trial Attorney Francesca Liquori of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys William D. Moomau, Catherine K. Dick, and Daniel C. Gardner are prosecuting this case.
MS-13 Member Pleads Guilty to Federal Charge of Conspiring to Participate in A Violent Racketeering EnterpriseRead the Press Release
Greenbelt, Maryland – Kevin Alexis Hernandez-Guevara, aka “Stop,” age 22, a citizen of El Salvador illegally residing in Elizabethtown, New Jersey, pleaded guilty today to a federal charge relating to his participation in a racketeering enterprise in furtherance of the activities of the gang known as La Mara Salvatrucha, or MS-13.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Assistant Attorney General Brian A. Benczkowski for the Justice Department’s Criminal Division; Acting Special Agent in Charge Scott Hoernke of the U.S. Drug Enforcement Administration (DEA) Washington Field Division; Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Baltimore Field Office; Chief J. Thomas Manger of the Montgomery County Police Department; Chief Henry P. Stawinski III of the Prince George’s County Police Department; Interim Chief Amal Awad of the Hyattsville Police Department; Prince George’s County State’s Attorney Angela D. Alsobrooks; and Montgomery County State’s Attorney John McCarthy.
According to the plea agreement, MS-13 is a gang composed primarily of immigrants or descendants of immigrants from El Salvador, with members operating in the State of Maryland, including Montgomery County, Prince George’s County, and Frederick County, and throughout the United States. Branches or “cliques” of MS-13 often work together cooperatively to engage in criminal activity and to assist one another in avoiding detection by law enforcement. MS-13 members and associates are required to commit acts of violence within the gang and against rival gangs. One of the principal rules of MS-13 is that its members must attack and kill rivals, known as “chavalas,” whenever possible.
Pursuant to his plea agreement, Hernandez-Guevara admitted that from at least July 2016, he was a member and associate of the Sailors Clique of MS-13. Hernandez-Guevara admitted to participating in numerous acts in furtherance of the racketeering conspiracy.
For example, according to the plea agreement, on or about July 29, 2016, Hernandez-Guevara and three other members and associates of MS-13 planned and conspired to murder Victim 2, who was believed to be a member of a rival gang. On July 29, 2016, pursuant to that plan, Hernandez-Guevara and other MS-13 members and associates lured Victim 2 to a secluded area in Hyattsville, Prince George’s County, Maryland. One of the MS-13 members and associates shot at Victim 2, and missed. Hernandez-Guevara collected the fired shell casings from the gunshots fired by Hernandez-Guevara’s co-conspirator. Multiple MS-13 members and associates then assaulted and stabbed Victim 2 with the intention of killing him. Victim 2 died as a result of injuries sustained during this attack, which included 61 sharp force injuries.
Also, according to the plea agreement, on or about Aug. 9, 2016, in Hyattsville, Hernandez-Guevara and other MS-13 members and associates planned and attempted to rob Victim 3 and Victim 4 of a pound of marijuana that Victim 3 and Victim 4 were going to sell to Hernandez-Guevara and his co-conspirators. During the attempt, Victim 3 and Victim 4 resisted. In the course of the struggle, Victim 3 and Victim 4 were shot, stabbed, and sustained serious, permanent, and life-threatening bodily injuries. Hernandez-Guevara and another co-conspirator were also shot.
Hernandez-Guevara also admitted to distributing less than one kilogram of marijuana for and on behalf of the Sailors Clique. His activities included receiving and distributing marijuana and proceeds from the sale of marijuana.
Hernandez-Guevara faces a maximum sentence of life in prison. U.S. District Judge Paula Xinis has scheduled sentencing for Hernandez-Guevara on February 15, 2019.
United States Attorney Robert K. Hur and Assistant Attorney General Brian Benczkowski commended HSI, the FBI, the DEA, the Prince George’s County Police Department, the Montgomery County Police Department, the Prince George’s State’s Attorney’s Office, the Hyattsville Police Department, and the Montgomery County State’s Attorney’s Office for their investigation. Mr. Hur and Mr. Benczkowski thanked Assistant U.S. Attorneys William D. Moomau, Catherine K. Dick, and Daniel C. Gardner, and Trial Attorney Francesca Liquori of the Criminal Division’s Organized Crime and Gang Section, who are prosecuting this case.
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Louisville Man Sentenced to Federal Prison for Denver Bank RobberyRead the Press Release
DENVER – A Louisville, Colorado man was sentenced this week by U.S. District Court Judge William J. Martinez to serve 64 months in federal prison for bank robbery, U.S. Attorney Jason R. Dunn and FBI Denver Division Special Agent in Charge Dean Phillips announced. The defendant, Tristan Monroe Eerebout, age 41, was remanded to the custody of the U.S. Marshals Service at the conclusion of the sentencing hearing.
According to the stipulated facts contained in the plea agreement, on March 8, 2017, the defendant robbed the First Bank in downtown Denver. The defendant entered the bank and presented a demand note to the victim teller, saying, “This is a robbery, give me all your money.” The defendant handed the teller a brown paper bag. The teller gave him cash and a GPS tracking device. The defendant fled the bank, heading towards Union Station. He discarded the GPS tracker and then took a bus to Louisville, Colorado. Video surveillance helped law enforcement get a description of the defendant and the direction from the bus stop from which he fled.
A law enforcement officer went into a local movie theater near the Louisville bus stop, looking for the defendant. The officer spoke to theater staff, who recalled that a man matching that description was present at the theater. The defendant had told a movie theater employee that he had been in prison for 10 years for attempting to kill a man. The defendant then purchased a movie ticket with two $20.00 bills, and tipped an employee $25.00, stating that his name was Tristan. Law enforcement entered the theater, found the defendant, and took him into custody.
This case was investigated by the FBI, Denver Police Department and the Louisville Police Department. The defendant was prosecuted by Assistant U.S. Attorney Kurt Bohn.
Local Man Convicted of Felon in Possession of a FirearmRead the Press Release
DES MOINES, Iowa – On November 6, 2018, following a two-day trial, a jury found Ryan Nicholas Haynes, age 28, of West Des Moines, Iowa, guilty of one count of felon in possession of a firearm. Sentencing before United States District Court Judge Stephanie Rose will be set at a later date.
Haynes was charged with being a felon in possession of a firearm on July 29, 2017. During trial, the government presented evidence that Haynes was present on a party bus that was stopped for a traffic violation in downtown Des Moines, Iowa. Officers smelled marijuana coming from the bus, so they removed the passengers to investigate further. When Haynes was stepping off the bus, he removed marijuana from his pocket and handed it to one of the officers. A pat-down search of Haynes revealed a firearm in his pants. Before officers could recover the firearm, Haynes ran from them. After a short foot chase, officers apprehended Haynes near 16th Street and Grand Avenue. The firearm was recovered in a flowerbed outside a townhome in the 1600 block of Grand Avenue. This was right next to where Haynes had jumped a fence while running from officers. The firearm was loaded with 14 live rounds of ammunition. It was identified as a Glock, Model 22, .40 caliber handgun.
Haynes is in federal custody pending imposition of sentence. Felon in possession of a firearm is punishable by up to ten years’ imprisonment.
The case was investigated by the Des Moines Police Department’s Special Enforcement Team and the Federal Bureau of Investigation. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Las Vegas Man Sentenced to 17 Years in Prison for Armed Robbery of A Jewelry StoreRead the Press Release
LAS VEGAS, Nev. – A Las Vegas man who was convicted of stealing more than $470,000 in cash and jewelry during an armed robbery was sentenced Thursday to 204 months in federal prison, announced U.S. Attorney Dayle Elieson for the District of Nevada.
After a four-day jury trial in March, Joshua Sadat Washington, 38, was convicted of one count of interference with commerce by robbery, one count of brandishing a firearm in furtherance of a crime of violence, and one count of transportation of stolen goods. In addition to the prison term, U.S. District Judge Jennifer A. Dorsey ordered him to pay $334,791.51 in restitution.
The conviction was the result of an elaborate, but failed, robbery plot. The plot began on August 13, 2016, co-defendant Fedel Sakers, posing as a FedEx delivery driver with a package, entered Alfredo’s Jewelry in Las Vegas. Sakers pointed a gun at one employee, jumped over the display cases, and forced that employee and another employee to the floor. Washington entered the store and bound their hands with zip ties. During the robbery, Washington kept telling Sakers to “shoot those bitches,” referring to the victims. Washington dragged one of the victims by the hair and kicked her in the face when he became frustrated at the lack of money where he thought it should be. Washington placed the stolen jewelry and cash in garbage bags, then he and Sakers left the store.
Later on August 13, 2016, following the robbery, Washington mailed two packages containing the stolen jewelry to Miami, Florida. He addressed the packages to himself. A mail-carrier employee in Miami opened one package mistakenly believing it contained marijuana. When the employee noticed the package was filled with jewelry still containing price tags, he contacted law enforcement. Two days after the robbery additional packages were recovered in Miami in a storage locker rented by Washington. Washington mailed a third package two days after the robbery. Law enforcement arrested him when he attempted to collect the third package. A search of the vehicle Washington was driving at the time of his arrest revealed flight information showing he and Sakers flew from Las Vegas to Miami. A total of approximately $471,000 in cash and jewelry were stolen in the robbery.
Sakers was charged and pleaded guilty to interference with commerce by robbery and brandishing a firearm in furtherance of a crime of violence. He was sentenced to 16 years in prison and three years of supervised release.
The case was investigated by the FBI and Las Vegas Metropolitan Police Department.
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L.A. Sheriff’s Deputy, Two Other Men Arrested on Federal Charges for Stealing 600 Pounds of Marijuana and $100,000 during Bogus SearchRead the Press Release
LOS ANGELES – A Los Angeles County Sheriff’s Deputy and two alleged cohorts are scheduled to make their first court appearances this afternoon after they were arrested Thursday on federal drug distribution charges that allege they stole 600 pounds of marijuana and $100,000 in cash during an armed robbery at a downtown Los Angeles warehouse by falsely portraying themselves as law enforcement officers executing a search warrant.
LASD Deputy Marc Antrim, 41, of South El Monte, who is assigned to the LASD station in Temple City; Eric Rodriguez, a.k.a. “Rooster,” 32, of Adelanto; and Kevin McBride, 43, of Glendora, were all arrested Thursday morning without incident.
“Deputy Antrim allegedly was able to use his law enforcement expertise and his access to Sheriff’s Department gear to stage a robbery that netted over a million dollars in marijuana and cash,” said United States Attorney Nick Hanna. “We cannot tolerate this type of behavior from sworn officers, and this case demonstrates our commitment to quickly address corrupt behavior by law enforcement. The rapid response by the Sheriff’s Department, and the collaborative work with their federal colleagues in the DEA, FBI and ATF, is a perfect example of law enforcement joining together to ensure the integrity of the criminal justice system.”
“Today’s arrests send a clear message that law enforcement will not tolerate criminal activity committed by those entrusted to uphold the law and protect the public,” said DEA Special Agent in Charge David J. Downing. “Drug traffickers will be held accountable, regardless of their standing in the community.”
“The alleged actions by the defendants detail an egregious level of corruption that posed a safety risk to victims and fellow police officers,” said Paul Delacourt, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “The FBI and our partners will continue to root out corruption which undermines the law enforcement mission and stains the reputation of those committed to serve and protect.”
“This is an example of local and federal law enforcement partners collaborating to make our community a safer place for all,” said Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge of Los Angeles Field Division Bill McMullan. “Law-enforcement personnel are held to a higher standard as they are chosen to protect our communities. It is always disheartening when an individual thinks he is above the law because he wears a badge. It won’t be tolerated in any form.”
“Our Department has a great working relationship with our federal partners in protecting the public and maintaining trust,” said Sheriff Jim McDonnell. “This case serves as an example of the thorough processes in place and our commitment to holding anyone who violates the law accountable.”
According to two criminal complaints filed in this case, security camera footage shows Antrim, McBride and another unnamed co-conspirator approaching the warehouse during the early morning hours of October 29, driving an unmarked Ford Explorer. The Ford Explorer’s license plate shows it was an LASD-registered vehicle assigned to the Temple Station, where Antrim worked.
Antrim and his co-conspirators allegedly gained access to the warehouse by purporting to be deputies executing a lawful search. All three men allegedly were dressed as deputies, Antrim in a green vest that said “Sheriff” and McBride and the other cohort in green jackets with LASD patches on the sleeve. All were wearing duty belts often worn by law enforcement officials, each had a holstered handgun, and one man appeared to be holding a long gun, according to court documents. Antrim allegedly showed a security guard a piece of paper inside a folder, which investigators believe was a document purporting to be a search warrant for the warehouse.
At the beginning of the two-hour robbery, Antrim, McBride and the third man allegedly detained three warehouse employees, including two security guards, in the backseat of the LASD Ford Explorer. Soon after the guards and the employee were detained, a fourth man arrived at the warehouse in a large rental truck, and all four men began loading what appeared to be marijuana into the truck.
When Los Angeles Police Department officers legitimately responded to a call for service at the warehouse during the robbery, Antrim’s three co-conspirators allegedly fled the warehouse through a back door and two of them discarded their LASD jackets. Antrim then falsely told the LAPD officers that he was an LASD narcotics deputy conducting a legitimate search, court documents said. To facilitate the sham, Antrim allegedly handed his phone to one of the LAPD officers so that the officer could speak to someone on the phone claiming to be Antrim’s LASD sergeant. According to court documents, the individual on the phone was not Antrim’s sergeant, and Antrim did not have a legitimate search warrant for the warehouse.
After LAPD officers left the warehouse about 20 minutes later, McBride and another co-conspirator allegedly returned to the scene and continued the robbery with Antrim. Rodriguez allegedly showed up at the warehouse in his pickup truck, and all four men loaded more marijuana and two safes into the rental truck.
Several days later, an attorney representing the marijuana distribution warehouse contacted the Sheriff’s Department about the robbery.
At the time of the robbery, Antrim was a patrol deputy assigned to the Temple City station, but he was not on duty, was not assigned to the department’s narcotics unit, was not a detective and would not have had a legitimate reason to search a marijuana distribution warehouse in the City of Los Angeles, according to the complaint.
As set forth in the complaint naming McBride, which was filed this morning, the rental truck went to McBride’s house after the robbery. During searches conducted Thursday in conjunction with the arrests, federal investigators recovered a total of approximately $300,000 to $400,000 from Antrim’s and McBride’s residences. Federal agents also seized about two pounds of marijuana packaged for commercial sale from McBride’s residence, as well as firearms from both men.
A review of Sheriff’s Department records and interviews with LASD personnel indicated no evidence of any legitimate search warrant of the warehouse being executed on October 29.
A complaint contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Antrim, McBride and Rodriguez are charged with conspiracy to distribute controlled substances. If convicted of this offense, each would face a statutory maximum sentence of 40 years in federal prison.
This case is being investigated by the Drug Enforcement Administration; the Federal Bureau of Investigation; and the Bureau of Alcohol, Tobacco, Firearms and Explosives. LASD’s Internal Criminal Investigations Bureau provided substantial assistance to the federal investigation.
This matter is being prosecuted by Assistant United States Attorney Lindsey Greer Dotson of the Public Corruption and Civil Rights Section, and Assistant United States Attorney Joseph Axelrad of the Violent and Organized Crime Section.
Kewa Pueblo Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Waylon Evan Pacheco, 29, an enrolled member and resident of Kewa Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to assaulting his intimate partner by strangling or suffocating.
Pacheco was arrested in Dec. 2017, on an indictment charging him with assault of an intimate partner by strangling and assault with a dangerous weapon, a brick, with intent to do bodily harm. According to the indictment, Pacheco committed the crime on July 4, 2016, on the Kewa Pueblo Indian Reservation in Sandoval County, N.M.
During today’s proceedings, Pacheco pled guilty to assault of an intimate partner by strangling or suffocating. In entering the guilty plea, Pacheco admitted that on July 4, 2016, he assaulted his former girlfriend by hitting her face and body, hitting her with a brick and strangling her by putting his knee on the victim’s neck while she was on the ground. Pacheco further admitted that the victim briefly lost consciousness as a result of the assault.
At sentencing, Pacheco faces a statutory maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by Southern Pueblos Agency of the BIA, Office of Justice Services. Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's ongoing efforts to increase engagement, coordination and action on public safety in tribal communities.
Keshena Man Sentenced to 36 Months in Prison for Sexual Abuse of a Child on Menominee Indian ReservationRead the Press Release
Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin, announced that Mario Escalante, Sr. (age: 42), of Keshena, was sentenced on November 2, 2018 to 36 months in prison and 5 years of supervised release after convictions for two counts of Attempted Abusive Sexual Contact on the Menominee Indian Reservation. The sentence was the result of a April 11, 2018, guilty plea before Chief United States District Judge William C. Griesbach.
The investigation revealed that Escalante attempted to engage in sexual contact with a female who was under the age of 16. After the female disclosed past incidents of abuse, tribal and federal law enforcement contacted Escalante in an undercover capacity, at which time he agreed to meet the female for purposes of providing her with $60 in exchange for sex acts.
In sentencing Escalante, Chief Judge Griesbach noted the serious nature of the offense, which he described as a series of “reprehensible acts.” Chief Judge Griesbach also observed the impact the offense had on the victim, and the victims’ family. The court noted Escalante’s betrayal of the victim’s trust, and the neglect of the responsibilities Escalante had as a person who was entrusted with supervision of the victim.
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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Joint U.S.-EU statement following the U.S.-EU Justice and Home Affairs Ministerial MeetingRead the Press Release
On Nov. 9, the U.S.-EU Ministerial Meeting on Justice and Home Affairs took place in Washington. D.C. The United States hosted the meeting and was represented by the U.S. Acting Attorney General Matthew G. Whitaker and Secretary for Homeland Security Kirstjen Nielsen.
The European Union was represented by the Commissioner for Migration, Home Affairs and Citizenship Dimitris Avramopoulos, as well as by the Austrian Federal Minister for the Interior Herbert Kickl, the Austrian Federal Minister for Constitutional Affairs, Reforms, Deregulation and Justice Josef Moser, the Romanian Minister of the Interior Carmen Daniela Dan and the Romanian Secretary of State for Justice Sebastian Costea on behalf of the current and incoming Presidencies of the Council of the European Union.
The United States and the European Union reaffirmed their commitment to jointly address common challenges in the areas of justice and home affairs and praised the excellent level of exchanges and operational cooperation, for the benefit of the security of citizens on both sides of the Atlantic.
The United States and the European Union underlined the importance of effective information sharing for their shared efforts to combat terrorism, focusing on battlefield information, Passenger Name Records (PNR) and aviation security. Participants emphasized the importance of PNR information sharing as a tool for the prevention of terrorist travel and agreed to prepare for a joint evaluation in 2019, in compliance with the provisions of the US-EU PNR Agreement. The United States and the European Union recognized the need to enhance their efforts to address the challenge of terrorists’ use of the internet to direct and inspire attacks, while respecting individual rights, including freedom of speech. Both sides shared information on their respective initiatives, including efforts to better engage and partner with service providers.
The United States and the European Union recognized that electoral systems in democratic states face unprecedented challenges that require innovative and comprehensive solutions, as well as cooperation and best practice exchanges between like-minded countries. On that topic, participants briefed each other on current actions to build more resilient electoral systems. In order to promote exchanges between relevant experts from both sides on current challenges to elections, including such challenges as disinformation campaigns and other forms of online and offline interference, the United States and the European Union agreed to set up a regular dialogue on these matters, the details of which should be developed at the next senior officials meeting in 2019.
The United States and the European Union reiterated the priority they attach to fighting cybercrime and enhancing cybersecurity. They recognized the need to maintain a global, open, stable and secure cyberspace for the promotion of economic and social development and, in this context, stressed the valuable contribution of joint work conducted by U.S. and EU law enforcement agencies to combat, deter and prevent cybercrime and called for the expansion of such cooperation, as appropriate. Participants also acknowledged the challenge in obtaining timely and lawful access to encrypted data, in accordance with individual rights and civil liberties, by those investigating and solving criminal offenses and exchanged views on their respective practices to counter such challenges. Participants took note of the dialogue that took place in Brussels between the cybersecurity experts at DHS and the EU and agreed to continue to collaborate to strengthen the cybersecurity posture on both sides of the Atlantic.
The United States and the European Union agreed on the importance for both law enforcement and judicial authorities of swift cross-border direct access to electronic evidence, as demonstrated by recent legislation approved or under examination in the United States and the EU. Participants further recognized the benefit of exploring, and agreed to discuss, the possibility of an U.S.-EU agreement to facilitate access to electronic evidence.
The United States and the European Union exchanged information on developments in the area of migration and border management, with a particular focus on efforts to prevent and combat migrant smuggling and trafficking of human beings. The United States and the European Union agreed on the importance of advancing towards reciprocal visa free travel under their respective legal frameworks and, following the most recent tripartite meeting on visa reciprocity, welcomed the progress of the five concerned Member States towards meeting the statutory requirements of the Visa Waiver Program, in order to be considered for designation in the program.
The United States and the European Union underscored their shared concerns about the major international drug-control threats posed by illicit synthetic opioids, including fentanyl and its derivatives. Both sides took note of the U.S.-EU Political Dialogue on Drugs held on Oct. 18, 2018.
Reiterating the progress made and the need to face global challenges together, the United States and the European Union remain committed to reinforce their partnership and meet again in the first half of 2019 in Bucharest, Romania.
Joint Federal-State-Local Drug Enforcement Operation Targets Syracuse DealersRead the Press Release
SYRACUSE, NEW YORK – Seven Syracuse residents face drug charges and other offenses following a joint federal, state, and local law enforcement operation aimed at area drug dealers, announced United States Attorney Grant C. Jaquith, Syracuse Police Chief Frank Fowler, Ashan M. Benedict, Special Agent in Charge of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)-New York Field Division, New York State Police Superintendent George P. Beach, II, and United States Marshal David McNulty.
Deandre Peterson, 23, and Damion Anderson, 47, both of Syracuse, are charged in United States District Court for the Northern District of New York (Syracuse) with conspiracy to possess with intent to distribute a controlled substance and distribution of a controlled substance (cocaine base/“crack”). If convicted, they face a maximum term of imprisonment of 20 years in prison, a fine of up to $1 million dollars, and a term of supervised release following incarceration of at least 3 years.
Tyree J. Baker, 33, of Syracuse, is charged in United States District Court for the Northern District of New York (Syracuse) with distribution of a controlled substance (fentanyl). If convicted, he faces a maximum term of imprisonment of 20 years in prison, a fine of up to $1 million dollars, and a term of supervised release following incarceration of at least 3 years.
Tyreece Reeves, 19, of Syracuse, is charged in Syracuse City Court with Criminal Possession of a Controlled Substance (heroin) in the Third Degree, Criminal Possession of a Controlled Substance in the Seventh Degree (cocaine) (two counts), Loitering in the First Degree, and Unlawful Possession of Marijuana, in violation of the New York State Penal Law.
In Federal Court a defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Kireese Russell, 20, of Syracuse, is charged in Syracuse City Court with Unlawful Possession of Marijuana in violation of the New York State Penal Law.
Ronnie L. Daniels, 22, of Syracuse, is charged in Syracuse City Court with Unlawful Possession of Marijuana under the New York State Penal Law. He was also arrested on outstanding warrants for Harassment, Criminal Contempt in the First Degree, Reckless Endangerment, and Intimidating a Witness, in violation of the New York State Penal Law.
James Dunn, 25, of Syracuse, was arrested on outstanding warrants for Obstructing Governmental Administration in the Second Degree, and Unlawfully Fleeing, in violation of the New York State Penal Law, and Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree, in violation of the New York State Vehicle and Traffic Law.
The charges in the complaints are merely accusations. The defendants are presumed innocent unless and until proven guilty.
United States Attorney Grant C. Jaquith said, “These arrests should inform those dealing drugs that law enforcement agencies from every level of government have joined forces to address narcotics distribution and the violence it spawns in Syracuse. We will continue to work together to make our neighborhoods and communities safer.”
Syracuse Police Chief Frank Fowler said, “In response to the recent incidents of violence and the rise in fentanyl and synthetic cannabinoid overdoses within the City of Syracuse the United States Attorney’s Office and the Onondaga County District Attorney’s Office in partnership with the City of Syracuse Police Department’s Special Investigations Division conducted a successful city-wide narcotics enforcement operation that resulted in multiple arrests that will have a significant impact on the streets of Syracuse. We could not have completed this operation without the assistance of the Gang Violence Task Force, the Crime Reduction Team, the Criminal Investigation Division, the New York State Police-CNET Central, the Onondaga County Sheriff’s Office Special Investigations Unit, the New York State Division of Parole, the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI) and the United States Marshall Service. We value these partnerships and the excellent relationships we have forged within the Central New York Narcotics Enforcement Community. Operations of this magnitude are inherently dangerous and complex and could not be completed without the tremendous efforts of our individual law enforcement officers working together in an effective, coordinated fashion made possible through years of mutual support. The City of Syracuse Police Department will continue to execute similar investigations moving forward and in response to any emergent threats to the community.”
Special Agent in Charge of ATF’s New York Field Division Ashan M. Benedict, said, “ATF stands committed to working with all of its state, local and federal partners to curb the spread of illegal narcotics and the death and violence it brings to our communities. I would like to thank all of our law enforcement partners for their collaboration and communication that made this case possible. I would also like to thank the United States Attorney’s Office and the Onondaga County District Attorney’s Office for their work in prosecuting these cases.”
New York State Police Superintendent George P. Beach, II said, “We have zero tolerance for those who bring illegal and dangerous drugs into our neighborhoods with absolutely no regard for the negative impacts that result. I applaud our partners for the hard work that went into this operation, and we will continue our collaborative efforts to stem the flow of illegal drugs into our communities.”
United States Marshal David McNulty said, “The U.S. Marshals Service enjoys a great relationship with our law enforcement partners and whenever they require our assistance to track down criminal suspects, we will be there to help bring them to justice.”
These cases are being investigated by United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Syracuse Police Department-Special Investigations Division (SID), the New York State Police-Community Narcotics Enforcement Team (CNET), the United States Marshals Service, The Federal Bureau of Investigation (FBI), the United States Drug Enforcement Administration (DEA) and the Onondaga County Sheriff’s Department. These cases are being prosecuted by Assistant U.S. Attorney Michael Perry and the Onondaga County District Attorney’s Office.
Irvington Man Sentenced to Five Years Probation in Gun CaseRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces the guilty plea and sentence of defendant Gregory Carl Kent for unlawfully possessing a firearm in violation of 18 United States Code 922(g)(1). Kent pled guilty to being a prohibited person in possession of a firearm in the United States District Court on June 18, 2018, before Senior Judge Callie V.S. Granade. On October 31, 2018, Senior Judge Granade sentenced the defendant to five (5) years probation and ordered him to undergo a mental health evaluation.
As part of his guilty plea, Kent admitted that he made threatening statements while his brother was visiting Kent and their mother at their residence in Irvington, Alabama. When his brother asked if Kent intended to harm him, Kent answered in the affirmative. Kent’s brother then left the residence and returned to his home in Grand Bay, Alabama. Later that same day, Kent drove to his brother’s home to further taunt him by creating a disturbance in the front yard. At that time, Kent’s brother observed Kent holding a rifle. The police were subsequently called to the residence.
Deputies from the Mobile County Sheriff’s Office arrived in time to catch Kent attempting to flee the scene. Deputies were able to recover a loaded .22 caliber pistol on the front driver’s seat of Kent’s vehicle. When deputies discovered Kent was a convicted felon, they contacted the Mobile Field Division of the Federal Bureau of Investigation.
Kent had previously been convicted of Possessing Controlled Substances in September 2011 in Mobile County Circuit Court and could not lawfully be in possession of any firearms since that date.
The Mobile County Sherriff’s Office and the Federal Bureau of Investigation, Mobile Field Division investigated this case. Assistant United States Attorney Christopher Baugh prosecuted the case for the Southern District of Alabama.
Indianapolis man sentenced for downtown shooting incidentRead the Press Release
PRESS RELEASE
Indianapolis-United States Attorney Josh J. Minkler announced today that an Indianapolis man was sentenced in federal court to 126 months (over 10 years) for his role in a 2015 shooting near the federal courthouse. Marcus Fennell, 26, was sentenced before U.S. District Judge Tanya Walton Pratt after pleading guilty to possession with intent to distribute marijuana and discharging a firearm during and in relation to a drug trafficking offense.
“Those who violate the safety and sanctity of our city and citizens by using gun violence, will be held strictly accountable,” said Minkler. “Helping to maintain safety and reducing violent crime remains the top priority of my office.”
During the morning rush hour on October 8, 2015, Fennell was dealing marijuana near the federal courthouse in the first block of East Ohio Street. He fired two shots from a 9mm handgun and ran north to Indiana War Memorial Park where IMPD officers apprehended him. Once apprehended, officers found a handgun in Fennell’s pants pocket along with 110 bindles of marijuana. During the arrest, Fennell told officers he “wasn’t trying to kill anybody…guys were messing with me.” The entire incident was captured on video from court security cameras.
According to Assistant United States Attorney Jeffrey Preston, who prosecuted this case for the government, Fennell must also serve five years of supervised release following his sentence.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the Office’s firm commitment to prosecuting those who commit violent crimes involving firearms. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 2.3.
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Illegal aliens from Mexico plead guilty to re-entering the United States after being removed twiceRead the Press Release
United States Attorney David C. Joseph announced that two illegal aliens from Mexico pleaded guilty this week to re-entering the United States after having been previously removed twice.
SHREVEPORT, La. – On August 24, 2018, Alfredo Holguin-Mendez, 34, of Mexico, was arrested in Shreveport for solicitation of prostitution. After law enforcement determined he was in the United States illegally, Homeland Security Investigations agents took custody of Holguin-Mendez and learned that he had previously been deported twice. In 2005, Holguin-Mendez pleaded guilty to driving while intoxicated with a child passenger in Midland, Texas, and was removed to Mexico in 2006 after serving his sentence. In 2008, Holguin-Mendez was arrested after a traffic stop for illegal re-entry into the United States and was subsequently removed. In 2011, Shreveport police arrested Holguin-Mendez for possession of cocaine to which he pleaded guilty. Holguin-Mendez was sentenced to time served and released before Immigrations and Customs Enforcement (ICE) could take custody of him. He remained a fugitive until his August 2018 arrest.
Holguin-Mendez faces 10 years to life in prison, one year of supervised release and a $250,000 fine. The court set the sentencing date for February 26, 2019.
Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Mike O’Mara is prosecuting the case.
LAKE CHARLES, La. – After being arrested in Calcasieu Parish, Salvador Julian Vasquez-Esquivel, 35, of Mexico, pleaded guilty before U.S. Magistrate Judge Kathleen Kay to one count of illegal re-entry of a previously deported alien. According to the complaint and the guilty plea, a Calcasieu Parish Sheriff’s Deputy stopped a vehicle Vasquez-Esquivel was in on August, 16, 2018. Pursuant to a request by the deputy, a U.S. Border Patrol agent conducted a records check on the defendant and discovered that he had been removed from the United Stated twice before with the most recent occurring on December 18, 2015.
Vasquez-Esquivel faces up to two years in prison, one year of supervised release and a $250,000 fine. The court set sentencing for March 26, 2019.
United States Border Patrol and the Calcasieu Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney T. Forrest Phillips is prosecuting the case.
INTERPOL Washington Receives Recognition from DHSRead the Press Release
On November 7th, the Department of Homeland Security (DHS) Office of Intelligence and Analysis (OIA) recognized the partnership of INTERPOL Washington—the U.S. National Central Bureau—in homeland security intelligence sharing. OIA nominated INTERPOL Washington for the “HSIN-Intel Partner of the Year” that honors National Fusion Center Association (NFCA) partners for significant contributions to the sharing of unclassified intelligence information and products, analytic collaboration, and real-time information exchange via the HSIN-Intel platform. The nomination was announced during the 2018 National Fusion Center Association (NFCA) Annual Training Event in Alexandria, VA.
INTERPOL Washington was nominated for its sharing of Orange and Purple Notices with U.S. and international law enforcement. Orange notices warn of an event, a person, an object or a process representing a serious and imminent threat to public safety. Purple notices provide information on modus operandi, objects, devices and concealment methods used by criminals. Additional criteria for the award nominations include providing exceptional resources/services, serving as an example of best practices to the Nation; enhancing analytic collaboration and real-time information exchange Nationwide; and directly contributing to improving the awareness of threats and efforts to enhance security postures through information sharing.
Fusion centers operate as state and major urban area focal points for receiving, analyzing, gathering, and sharing threat-related information between federal; state, local, tribal, territorial (SLTT); and private sector partners. The NFCA represents the interests of those partners in order to promote the development and sustainment of fusion centers to enhance public safety; encourage effective, efficient, ethical, lawful, and professional intelligence and information sharing; and prevent and reduce the harmful effects of crime and terrorism on victims, individuals, and communities.
A component of the U.S. Department of Justice, INTERPOL Washington is co-managed by the U.S. Department of Homeland Security. As the designated representative to INTERPOL on behalf of the Attorney General, INTERPOL Washington serves as the national point of contact for all INTERPOL matters, coordinating international investigative efforts among member countries and the more than 18,000 local, state, federal, and tribal law enforcement agencies in the United States.
Great Falls man charged in child pornography caseRead the Press Release
GREAT FALLS—The U.S. Attorney’s Office announced that Lothar Konrad Krauth, 80, of Great Falls, appeared on a criminal complaint before U.S. Magistrate Judge John T. Johnston on charges of receipt of child pornography.
The complaint alleges the crime occurred from about Oct. 26, 2017 to Oct. 26, 2018 in Cascade County.
The complaint is merely an accusation and Krauth is presumed innocent until proven guilty.
If indicted and convicted of the charge in the complaint, Krauth faces a minimum mandatory five years to 20 years in prison, a $250,000 fine and three years supervised release.
Johnston ordered Krauth detained pending a detention hearing set for Nov. 14.
The case was investigated by Homeland Security Investigations. PACER Case Reference. MJ 18-76-GF-JTJ
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Gray Court Felon Pleads Guilty to Gun Charge in Federal CourtRead the Press Release
Florence, South Carolina ---- United States Attorney Sherri A. Lydon announced today that Derrick Bernard Cunningham, 48, of Gray Court, South Carolina, pled guilty in federal court to being a felon in possession of a firearm.
Evidence presented to the court showed that on May 26, 2018, a lieutenant with the South Carolina Law Enforcement Division (SLED) located Cunningham, who was wanted for outstanding warrants, at a hotel in North Myrtle Beach, South Carolina. Cunningham was detained and placed in handcuffs, and the lieutenant noted that Cunningham continually tried to roll onto his left side. The lieutenant observed a heavy object in a pocket of the vest Cunningham was wearing. Cunningham claimed he did not know whether the object was a firearm and that he had borrowed the vest from a friend. A search revealed the object was a Jiminez .380 caliber handgun, loaded with six rounds of ammunition. Federal law prohibits Cunningham from possessing firearms because he has prior state convictions for grand larceny, burglary, and armed robbery.
Cunningham faces a maximum penalty of ten years in federal prison. United States District Judge R. Bryan Harwell accepted the guilty plea and will sentence Cunningham after receiving and reviewing a presentence report prepared by the United States Probation Office.
The charges against Cunningham were the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), SLED, and the North Myrtle Beach Police Department. This case was prosecuted as part of the joint federal, state, and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001 that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Turning the tide of rising violent crime in America is a top priority for the Department of Justice, which has reinstituted PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy. Assistant United States Attorney Lauren Hummel of the Florence office is prosecuting the case.
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Former Owner of Local Nursing Homes Pleads Guilty to Bank Theft and Tax ChargesRead 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 Marc I. Korn, 62, of East Amherst, NY, pleaded guilty to bank theft and willful failure to pay tax before Senior U.S. District Judge William S. Skretny. Together, the charges each carry a maximum penalty of two years in prison and a $200,000 fine. Pursuant to his agreement with the government, defendant also agreed to pay over $2.5 million in restitution to three different private entities along with approximately $850,000 to the Internal Revenue Service.
Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that Korn, who during today’s plea proceeding himself claimed to be in ill-health, was the former owner of the Batavia Nursing Home in Batavia, NY, and the Fairchild Manor Nursing Home in Lewiston, NY. By his plea, Korn admitted to committing bank theft in connection with his actions concerning a credit card and loan from Fifth Third Bank. He also admitted willfully to failing to pay over employment taxes related to his nursing homes over three quarters in 2009.
In 2008, the defendant sought a loan to refinance the Batavia Nursing Home from Fifth Third Bank. In June 2008, Fifth Third Bank provided $3,900,000 to refinance the nursing home and provided Korn with a credit card. As part of the application for the loan, the defendant submitted a personal financial statement and guaranty on which the bank relied when underwriting the loan. The statement contained numerous falsehoods, including the overvaluation of his primary residence. Korn stated that the property was valued at $1,465,000 when, at the same time, he was contesting its value with the Town of Amherst for purposes of property taxes, alleging it was worth between $500,000 and $550,000. Additionally, the defendant provided the bank with statements of bank accounts that he claimed to own. However these statements also contained falsehoods – including one statement for which Korn claimed ownership of an account containing $50,000 in February 2008, when the account actually contained $1.00 and belonged to someone else. The loan and payments on the credit card went into default and Fifth Third Bank lost more than $2,400,000.
Prior to March 2009, for both Batavia Nursing Home and Fairchild Manor Nursing Home, Korn used a service to collect and pay over employment taxes owed. However, beginning in March 2009, the defendant ceased using the service and subsequently intentionally failed to pay to the IRS employment taxes owed for the second, third and fourth quarters of 2009. Instead of paying the taxes owed to the IRS, Korn spent the funds on personal expenses including restaurants, hockey tickets, jewelry, and to pay his children’s college tuition.
Today’s plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge.
Sentencing is scheduled for March 13, 2019, at 10:00 a.m. before Judge Skretny.
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Former Major at Angola Prison Convicted of Beating a Handcuffed and Shackled InmateRead the Press Release
Daniel Davis, 41, a former Major at Louisiana State Penitentiary (LSP) in Angola, Louisiana, was found guilty by a jury today in federal court for beating an inmate who was handcuffed, shackled, and not resisting. In a previous trial in January, Major Davis was convicted of conspiring with other officers to cover up the beating by devising a false cover story, submitting false reports documenting that cover story, tampering with witnesses, and lying under oath. Four other officers—former Captains James Savoy, John Sanders, and Scotty Kennedy, and former Sergeant Willie Thomas—have all previously pleaded guilty for their roles in the beating and cover up. At Davis’s trial, Captains Sanders and Kennedy testified for the government and described the abuse and the extensive cover up.
After hearing testimony over the course of three days, the jury convicted Davis of willfully depriving the inmate of his right to be free from cruel and unusual punishment. The evidence showed that Davis initiated the beating by yanking the inmate’s leg chains, causing the inmate to fall face-first onto the concrete breezeway. At that point, Davis and the other officers punched, kicked, and stomped on the inmate, leaving the inmate with a bloody gash under his eye, a dislocated shoulder, broken ribs, and a collapsed lung.
“Mr. Davis abused the justice system by beating an inmate, writing false reports, and using his influence and power as a corrections officer to encourage others to lie,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Justice Department will continue to prosecute correctional officers who violate federal criminal law.”
“Our office is committed to protecting the civil rights of all citizens and ensuring that government employees in positions of authority don’t abuse that authority,” said U.S. Attorney Brandon J. Fremin. “I want to thank the Civil Rights Division of the Department of Justice, the FBI, and the Louisiana Office of Inspector General for their work on this matter. “
"Charged with protecting the civil rights of others, to include those in custody, is a responsibility the FBI takes very seriously,” said Eric J. Rommal, FBI New Orleans Special Agent in Charge. “Law enforcement officers and correctional officers acting under the color of law must ensure a person's civil rights are not violated. The jury's decision today reinforces the FBI's commitment that civil rights and color of law violations will not be tolerated.”
“Corrections officers are given great authority and power in our system because public safety depends on them doing their jobs well,” said Louisiana Inspector General Stephen Street. “When those corrections officers commit crimes by choosing to abuse their power, as defendant Davis did in this case, they must be held accountable, or public trust in the system suffers. The jury’s guilty verdict should send a clear message that we have zero tolerance for it and will continue to aggressively pursue these cases whenever and wherever they may arise. I wish to thank the FBI, United States Attorney Brandon Fremin and the prosecutors from the DOJ Civil Rights Division for their outstanding work on this case.”
No date has been set for Davis’s sentencing. He faces a maximum penalty of five years of imprisonment on the conspiracy and perjury counts, 10 years of imprisonment on the excessive force count, and 20 years of imprisonment on each of the remaining obstruction counts.
This case was investigated by the FBI’s Baton Rouge Resident Agency Office and the Louisiana Office of the State Inspector General. The case was tried by Trial Attorneys Christopher J. Perras and Zachary Dembo of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Frederick A. Menner, Jr., of the Middle District of Louisiana.
Former Hospital Employee Pleads Guilty to Embezzling Hospital FundsRead the Press Release
He stole over $46,000 in a little more than a month from Pleasant Valley Hospital
in Point Pleasant, West Virginia
HUNTINGTON, W.Va. – A Point Pleasant man pled guilty yesterday to embezzling more than $45,000 from the Pleasant Valley Hospital, announced United States Attorney Mike Stuart. Kevin L. Durst, 62, faces up to 10 years in prison when he is sentenced on February 19, 2019. He has agreed to pay restitution to the Hospital in the amount of $46,021.57 before he is sentenced. Stuart commended the investigative efforts of the Department of Homeland Security.
“Prosecutions like this are extremely important,” said United States Attorney Mike Stuart. “Local hospitals are so critical to West Virginia communities and any amount of financial loss can be devastating to healthcare providers and patients through higher costs.”
Durst admitted as a financial analyst at Pleasant Valley Hospital, he had access to the Hospital’s online bank accounts and could initiate wire transfers on certain of those accounts. He further admitted that he secretly wrote checks to benefit himself and to his family’s private cemetery from a Hospital account that he knew was dormant and was not scrutinized by other Hospital officials. He also admitted that he transferred funds from the Hospital’s active accounts to the dormant account to ensure that there were abundant funds for his personal use. He further admitted that he initiated wire transfers to the Internal Revenue Service out of Hospital accounts to make federal tax payments for his family’s cemetery. He embezzled the funds between July 20, 2016, and August 22, 2016.
Assistant United States Attorney Meredith George Thomas was in charge of the prosecution. United States District Judge Robert C. Chambers presided over the plea hearing.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Former El Paso C.B.P. Inspector Pleads Guilty to Federal Wire Fraud ChargeRead the Press Release
In El Paso, a 44-year-old former U.S. Customs and Border Protection Inspector faces up to 20 years in federal prison after pleading guilty to a wire fraud charge in relation to schemes to defraud numerous legal and illegal aliens, announced U.S. Attorney John F. Bash and Homeland Security Investigations (HSI) Special Agent in Charge Jack P. Staton.
Appearing before United States District Judge Kathleen Cardone yesterday afternoon, El Paso resident Federico Garcia, Jr., admitted that from November 2015 to May 2018, he fraudulently presented himself as an immigration attorney and charged various fees to unwitting victims for assistance with applying for immigration benefits. Garcia, who is not a licensed attorney, carried out his scheme under the business names “Justice International” and “High End Immigrant Resource Center.” Garcia’s scheme also included fraudulently soliciting victims to invest their money in business ventures that would provide large returns to those individuals.
Garcia, who remains in federal custody, is scheduled to be sentenced at 10:00am on January 17, 2019, before Judge Cardone in El Paso.
HSI El Paso’s Document and Benefit Fraud Task Force (DBFTF) investigated this case. Assistant U.S. Attorneys Patricia Aguayo, Debra Kanof and Stephen Garcia are prosecuting this case on behalf of the Government.
Former DMV Employee and Trucking School Owner Sentenced for Bribery and Identity FraudRead the Press Release
SACRAMENTO, Calif. — U.S. District Judge Garland E. Burrell Jr. sentenced DMV employee Robert Turchin, 68, of Salinas, California, to six years and six months in prison and sentenced Pavittar Dosangh Singh, 57, of Flowood, Mississippi, to 10 months in prison for conspiracy to commit bribery and identity fraud, U.S. Attorney McGregor W. Scott announced.
According to court documents and evidence presented at trial, Turchin was an employee at the Salinas field office for the Department of Motor Vehicles between 2012 and 2015. Turchin was responsible for conducting tests for applicants for commercial licenses to operate 18-wheel tractor-trailers and commercial buses. Truck school owner Mangal Gill offered to obtain commercial licenses for people without having to pass the written tests or even take the required behind-the-wheel tests. Gill worked with Turchin and another DMV employee, Emma Klem, to have them access the DMV database to fraudulently enter test results at Gill’s request.
During the investigation, confidential operatives were able to obtain three official commercial licenses in 2013 and 2014. Collectively, they paid Gill over $12,000 after Turchin and Klem accessed the DMV database to fraudulently enter passing scores for the operatives despite the fact that the operatives did not pass or otherwise take the required tests. The trial evidence also demonstrated that Gill and Turchin continued to be involved in this fraudulent conduct until March 28, 2015, days before agents executed search warrants and found in Turchin’s vehicle slips of paper containing the numbers of fraudulently updated driver license records as well as several envelopes full of cash totaling over $10,000. The trial evidence showed that Turchin and his co-conspirators falsified DMV database records for at least 40 individuals for the purpose of obtaining commercial licenses.
According to court documents, Pavittar Singh owned a trucking school in Sacramento. Between April 2013 and March 2015, Singh paid money, through intermediaries, to employees of the DMV in order to obtain California Commercial Driver’s Licenses (CDLs) for individuals without those individuals taking or passing the requisite tests.
This case was the product of a series of ongoing investigations by the Federal Bureau of Investigation; Homeland Security Investigations (HSI); and the California DMV, Office of Internal Affairs. Assistant U.S. Attorneys Todd A. Pickles and Rosanne Rust are prosecuting the case.
Mangal Gill was sentenced on November 2, 2018, to four years and three months in prison. Andrew Kimura, a DMV employee, previously pleaded guilty to conspiracy to commit bribery and identity fraud and was sentenced to three years and 10 months in prison. DMV employee Emma Klem and Kulwinder Dosanjh Singh, a broker, also previously pleaded guilty to conspiracy to commit bribery and identity fraud as part of the same investigation in United States v. Klem, 2:15-cr-139, and United States v. Kulwinder Dosanjh, 2:15-cr-146, respectively. They are scheduled for sentencing on November 16, 2018. They face up to 10 years in prison and a $250,000 fine. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Former Company Executive Sentenced to Federal Prison in $9 Million Tax Evasion SchemeRead the Press Release
Columbia, South Carolina - United States Attorney Sherri A. Lydon announced today that Bryan S. Bower, 51, formerly of Lake Wylie, South Carolina, was sentenced to over three years in federal prison for tax evasion.
Evidence presented to the court showed that Bower is a former executive of Buckeye Fire Equipment in Kings Mountain, North Carolina. From 2010 to 2013, Bower diverted over $25 million in customer payments directly into his personal bank accounts. He then failed to claim the income on his yearly tax returns, resulting in a failure to pay over $9 million in income taxes.
Bower pled guilty to tax evasion, and United States District Judge Mary Geiger Lewis sentenced him to 41 months in federal prison. There is no parole in the federal system.
“Mr. Bower’s embezzlement scheme to steal from his employer while also deliberately underreporting his embezzlement income on his federal tax returns was motivated by greed,” said Matthew D. Line, Special Agent in Charge, IRS Criminal Investigation, Charlotte Field Office. “Today’s sentencing is a reminder that there are detrimental consequences for this type of criminal behavior. IRS Criminal Investigation will continue our work to bring justice to those that abuse their positions of trust and steal from innocent victims.”
The Internal Revenue Service investigated the case. It was prosecuted by Assistant United States Attorney T. DeWayne Pearson of the Columbia office.
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Former Central Kentucky Businessman Sentenced to 36 Months for the Illegal Transportation and Storage of Hazardous WasteRead the Press Release
LEXINGTON, Ky. – A former Central Kentucky businessman, who currently resides in Austin, Texas, was sentenced in U.S. District Court today. Kenneth Gravitt, 63, was sentenced, to 36 months, by Chief U.S. District Judge Karen Caldwell, on convictions relating to the illegal storage, transportation and disposal of hazardous waste.
In May of this year, Gravitt pleaded guilty to one count of conspiracy to commit crimes related to the handling of hazardous waste and one count of illegal storage of hazardous waste. The hazardous waste in this case consisted of old television and computer monitors that contained Cathode Ray Tubes (CRTs), which have large amounts of toxic lead. For a number of years, Gravitt operated Global Environmental Services (GES), in Georgetown, Kentucky, which was in the business of recycling electronic waste. The facts established that beginning around 2013, GES contracted with various businesses and entities to collect and recycle large numbers of devices containing CRTs. Over time, as GES took in far more of these electronic devices than it could process, it began to send crushed CRTs for disposal, to a Central Kentucky landfill that did not have a license to handle such materials. On a separate occasion in October 2015, GES illegally buried large quantities of CRT bearing devices behind its Georgetown facility. Investigators also found large numbers of CRTs in GES managed warehouses in Cynthiana and Winchester. The estimated costs to clean all the sites was several million dollars.
“The illegal disposal of hazardous waste endangers us all,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “We have these prohibitions for a reason: they protect the environment, public health, public funds, and the safety of people in our community. When people endanger the community merely to serve their own interests, that conduct simply has to be prosecuted.”
"The defendant in this case put human health and the environment at risk by improperly storing and disposing of hazardous wastes," said Special Agent in Charge Andy Castro of EPA's criminal enforcement program in Kentucky. "This case shows that companies and their top executives who knowingly violate hazardous waste laws will be prosecuted."
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Andy Castro, Special Agent in Charge, Environmental Protection Agency’s Criminal Enforcement Program for Kentucky; and Jon Maybriar, Director, Kentucky Department of Environmental Protection, Division of Waste Management, jointly made the announcement. The investigation was conducted by the Office of Inspector General of the United States Environmental Protection Agency and the Kentucky Department of Environmental Protection, Division of Waste Management. The case was prosecuted by Assistant United States Attorneys Ken Taylor and Erin Roth.
Former Airline Gate Agent Arrested for Cheating Airline Ticketing SystemRead the Press Release
BOSTON – A Chelsea woman was arrested yesterday and charged in connection with using her position as an airline gate agent to convert low cost flights to more expensive flights and destinations for friends, family and acquaintances.
Tiffany Jenkins, 30, was charged in a criminal complaint unsealed yesterday with wire fraud. She was released on conditions following an initial appearance in federal court in Boston.
The complaint alleges that as a gate agent, Jenkins had access to the airline company’s computer reservation database and had the ability to use a special code, referred to as an involuntary exchange or “INVOL,” to change flights for customers at no additional cost. This code enables agents to change flights for customers who miss their flights or experience a death in the family.
During a 15-month period, from approximately July 1, 2016, through Sept. 27, 2017, Jenkins allegedly conducted approximately 505 involuntary ticket exchanges for more than 100 different passengers. Many of those exchanges occurred after the passenger was first booked on domestic flights at one of the airline company’s lowest available fares—often, roundtrip flights between Las Vegas, Nev., and Long Beach, Calif. A short time later, Jenkins exchanged those tickets for a completely different city pair, generally involving much more expensive international locations, for friends, family and acquaintances.
The charge of wire fraud provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000 or twice the gross loss or gain, whichever is greater. 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; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. Assistant U.S. Attorney Sara Miron Bloom of Lelling’s Securities and Financial Fraud Unit is prosecuting the case.
Felon Sentenced to Prison for Possession of AmmunitionRead the Press Release
NORFOLK, Va. – A Norfolk man was sentenced today to the statutory maximum penalty of 10 years in prison for being a felon in possession of ammunition.
According to court documents, Wesley Paul Hadsell, 40, pleaded guilty on Nov. 6, 2015. According to the statement of facts filed with the plea agreement, Hadsell admitted that on Dec. 23, 2013, he purchased ammunition at Bob’s Gun Shop in Norfolk and that on Dec. 31, 2013, he took that ammunition to a gun range in Chesapeake, where he and other individuals used some of the ammunition. Hadsell retained possession of approximately 80 rounds of ammunition after the trip to the range. Hadsell has at least 10 prior convictions for crimes ranging from burglary and bank robbery to felonious restraint.
Hadsell was initially sentenced to 20 years in prison in November 2016, pursuant to the Armed Career Criminal Act, which increased the statutory maximum for the crime. The Fourth Circuit Court of Appeals returned the case for resentencing after holding that one of Hadsell’s prior burglary convictions did not count as an Armed Career Criminal predicate offense, which reset the statutory maximum penalty to 10 years.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Thomas L. Chittum, III, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, and Larry D. Boone, Chief of Norfolk Police, made the announcement after sentencing by U.S. District Judge Arenda Wright Allen. Assistant U.S. Attorney Andrew C. Bosse prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:15-cr-116.
Federal Grand Jury Criminal Indictments AnnouncedRead the Press Release
United States Attorney Trent Shores announced today the results of the November 2018 Federal Grand Jury.
The following individuals have been charged with violations of United States law in an indictment returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Shaun Cruz Conine. Possession of Methamphetamine With Intent to Distribute; Possession of Heroin With Intent to Distribute; Carrying, Using, and Brandishing a Firearm During and in Relation to a Drug Trafficking Crime; Felon in Possession of Firearms and Ammunition; Counterfeiting and Forging Obligations and Securities of the United States; Possession of Counterfeit Obligations and Securities. Conine, 36, of Tulsa is charged with possession with intent to distribute more than 50 grams of a mixture and substance containing methamphetamine; possession with intent to distribute heroin; possessing a firearm during and in relation to a drug trafficking crime; being a felon in possession of firearms and ammunition, including an E.R. Armantino, Model Condor Supreme, 20-gauge over/under shotgun, a Taurus International Manufacturing, Inc., Model 689, .357 Magnum caliber revolver, a Browning Arms Company, Model BL-22, .22 caliber rifle, a Remington Arms Company, Model 7600, .308 WIN caliber rifle, and ammunition. Conine was further charged with forging, as well as, possessing counterfeit $20 Federal Reserve Notes. The Muscogee (Creek) Nation Lighthorse Tribal Police Department, Secret Service, FBI, and Drug Enforcement Administration are the investigative agencies.
Edwin Yupanqui Garcia Castro and Juan Pedro Gonzalez Cedano. Drug Conspiracy; Possession of Heroin With Intent to Distribute. Castro, 26, and Cedano, 35, both of Tulsa, are charged with conspiracy to distribute and possession with intent to distribute more than one kilogram of a mixture and substance containing heroin. Immigration and Customs Enforcement’s Homeland Security Investigations and the Drug Enforcement Administration are the investigative agencies.
Humberto Cruz-Valasco. Reentry of Removed Alien. Cruz-Velasco, 31, of Tulsa, is charged with having returned to the United States unlawfully after being deported on March 31, 2015, from Laredo, Texas. If convicted, he faces a maximum penalty of 20 years in prison and a fine of $250,000. Immigration and Customs Enforcement’s Homeland Security Investigations is the investigative agency.
FNU LNU and Adrian Torres-Moran. Drug Conspiracy. First Name Unknown, Last Name Unknown (FNU LNU)—aka “Cholo Loco”—residence and age unknown, and Torres-Moran, 20, of Tucson, Arizona, are charged with conspiring to possess with intent to distribute 500 grams or more of a mixture or substance containing cocaine. The Drug Enforcement Administration and the Texas Highway Patrol are the investigative agencies.
FNU LNU, Gumaro Ibarra, and Jesus Adelio Angulo-Lopez. Drug Conspiracy; Reentry of Removed Alien. FNU LNU—aka “Cholo Loco”—age and residence unknown, Ibarra, 24, residence unknown, and Angulo-Lopez, 24, of Broken Arrow, are charged with drug conspiracy with intent to distribute 500 grams or more of a mixture or substance containing cocaine. Angulo-Lopez is also charged with reentry of removed alien, having returned to the United States unlawfully after being deported on July 2, 2017, at Calexico, Calif. The Texas Highway Patrol, the Drug Enforcement Administration, and Immigration and Customs Enforcement’s Homeland Security Investigations are the investigative agencies.
Jason Marcus Franklin. Drug Conspiracy; Possession of Heroin With Intent to Distribute; Unlawful Use of a Communication Device. Franklin, 33, of Tulsa, is charged with drug conspiracy, possession with intent to distribute heroin, and unlawful use of a cell phone to coordinate illegal drug activity. Franklin, along with his co-conspirators, allegedly obtained and distributed heroin throughout the Northern District of Oklahoma, utilizing Tulsa as their base of operations. The conspiracy consisted of a dispatcher, facilitator, drivers, and redistributors. To avoid detection, dispatchers and drivers rotated in and out of Oklahoma from Mexico every six months. As part of the operation, the dispatcher, facilitator and drivers received heroin in bulk from Mexico and delivered drugs to redistributors to sell in communities across northeastern Oklahoma and elsewhere. The facilitator supplied heroin to drivers who delivered the drug to redistributors. Franklin allegedly acted as a redistributor and would text or call the dispatcher to order heroin. Then, using cell phones, the dispatcher coordinated locations where drivers and Franklin would meet and eventually exchange cash for heroin. Franklin, and other redistributors, would then allegedly sell the heroin. The Tulsa Police Department, the FBI, and the Drug Enforcement Administration are the investigative agencies.
Jose Juan Gomez-Martinez. Reentry of Removed Alien. Gomez-Martinez, 48, of Tulsa, is charged with having returned to the United States unlawfully after being deported on March 31, 2007, from Laredo, Texas. Immigration and Customs Enforcement’s Homeland Security Investigations is the investigative agency.
Scott Andrew Howie. Possession of Methamphetamine With Intent to Distribute; Possession of Firearms in Furtherance of a Drug Trafficking Crime; Felon in Possession of Firearms and Ammunition. Howie, 37, of Bartlesville, is charged with possession with intent to distribute 50 grams or more of a mixture and substance containing methamphetamine; possession a firearm in furtherance of a drug trafficking crime; and being a felon in possession of firearms and ammunition, which included a Mossberg (Wards Western Field), Model 46B (04M 491A), .22 caliber bolt-action rifle, the Marlin Firearms Co., Model Glenfield 75, .22 caliber semi-automatic rifle, a Mossberg, Model 510, 20 gauge caliber shotgun, a Ruger, Model EC9s, 9mm Luger semi-automatic pistol, and associated ammunition. The Bartlesville Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies.
Brian Kirk Marshall. Assaulting Federal Officers; Carrying, Using, and Discharging a Firearm During and in Relation to a Crime of Violence; Possession of a Firearm and Ammunition After a Conviction for a Misdemeanor Crime of Domestic Violence. Marshall, 49, of Pattonsburg, Missouri, is charged with forcibly assaulting FBI agents while agents were executing a search warrant of his Kansas, Oklahoma, residence; carrying, using, and discharging a firearm during a crime of violence; and possessing a firearm and ammunition after being convicted of third degree domestic assault in Missouri in 2008. The FBI is the investigative agency.
Kaylnn Dee Meyer. Failure of a Sex Offender to Notify of International Travel. Meyer, 36, of Vinita, is charged with failure to report information required by the Sex Offender Registration and Notification Act that she intended to and, in fact, traveled outside the United States. Meyer was previously convicted of enabling child sexual abuse and is required to register as a sex offender and meet specified requirements. The U.S. Marshals Service, Immigration and Customs Enforcement’s Homeland Security Investigations, and the Oklahoma Department of Corrections are the investigative agencies.
Brett Alan Mull. Corruptly Altering a Record, Document, and Evidence; Acquiring Methamphetamine Through Deception. Brett Alan Mull, 47, of Pryor, is charged with destroying, mutilating, and concealing evidence with intent to impair its integrity or availability for use in an official proceeding, and with using deception and his position as a Mayes County Deputy Sheriff and Lieutenant in charge of the narcotics unit to steal methamphetamine that had officially been seized as evidence. The FBI is the investigative agency.
Zaphion Lynn Nofire. Possession of Methamphetamine With Intent to Distribute. Zaphion Lynn Nofire, 24, of Eucha, is charged with possession with intent to distribute methamphetamine. Nofire faces a maximum penalty of 20 years in prison and a $1 million fine. The Bureau of Indian Affairs is the investigative agency.
Kevin Alonso Rios Casas and Aurelio Gonzalez Romero. Drug Conspiracy; Possession of Heroin With Intent to Distribute. Casas, 22, and Romero, 20, both of Tulsa, are charged with drug conspiracy and with possession with intent to distribute one kilogram or more of a mixture and substance containing heroin. The Tulsa County Sheriff’s Office, the Drug Enforcement Administration, and Immigration and Customs Enforcement’s Homeland Security Investigations are the investigative agencies.
Simon Dias Varelas. Felon in Possession of a Firearm and Ammunition; Possession of Methamphetamine With Intent to Distribute; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; Possession of a Firearm in Furtherance of a Drug Trafficking Crime. Varelas, 41, of Sallisaw, is charged with being a felon in possession of a Taurus, PT 111 Pro, 9mm semi-automatic pistol and more than 120 rounds of 9 mm caliber ammunition as well as a Tanfoglio, Model GT380, .380 caliber semi-automatic pistol and associated ammunition. He is also charged with possession of methamphetamine with intent to distribute; and possession of a firearm in furtherance of a drug trafficking crime. The West Siloam Springs Police Department, Cherokee County Investigators, and the Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies.
Johnny Josiah Ward, III. Aggravated Identity Theft; Misuse of Social Security Number; False Statement in Application for Passport. Ward, 55, of St. Augustine, Florida, is charged with unlawfully using another person’s identification in relation to felony violations; misusing another person’s social security number and representing it as his own on a passport application submitted to the Department of State; and making a false statement on a passport application in order to be issued a U.S. passport. The Social Security Administration- Office of the Inspector General and U.S. Department of State are the investigative agencies.
John Andrew Williams. Possession of Fifteen or More Counterfeit Access Devices; Possession of Device-Making Equipment; Wire Fraud. John Andrew Williams, 47, of Pembroke Pines, Florida, was charged with possessing 15 or more counterfeit gift cards and with using credit card encoder equipment to re-encode the depleted gift cards fraudulently with bank account and identification information belonging to other persons, which he had obtained illegally from the “dark web.” Williams was also charged with purchasing U.S. postage stamps from kiosks throughout the United States and selling the stamps on Craigslist by means of wire communications. The Rogers County Sheriff’s Office and U.S. Postal Inspection Service are the investigative agencies.
Alicia Wright. Possession of Methamphetamine With Intent to Distribute. Wright, 43, of Hemet, California, is charged with possession with intent to distribute 500 grams or more of a mixture and substance containing methamphetamine. The Tulsa Police Department and Drug Enforcement Administration are the investigative agencies.
Drug-Trafficking Ringleader Sentenced to 22 Years in Prison for Coast-To-Coast ConspiracyRead the Press Release
WAYCROSS, GA --- The leader of a coast-to-coast drug trafficking ring will spend more than two decades in federal prison after sentencing this week.
Cedric King, 38, of Waycross, was sentenced by United States District Judge Lisa Godbey Wood to 22 years in federal prison for his role as the leader of a drug trafficking organization that operated in and around South Georgia, Northern Florida, and California, announced Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. King pled guilty to conspiracy to possess with intent to distribute controlled substances, and will be subject to 10 years of supervised release after completion of his sentence as well as required to forfeit over $87,000 and two firearms. There is no parole in the federal prison system.
During a lengthy undercover investigation, FBI agents and Glynn County Police Department investigators conducted multiple wiretaps to gather evidence and to dismantle King’s drug organization. The investigation revealed that King conspired with others to import large quantities of drugs from Mexico via California and distributed cocaine, heroin, methamphetamine, crack cocaine, and marijuana throughout Waycross and surrounding areas.
King, one of 36 conspirators, was arrested in May of 2017 when a wiretap confirmed that he was about to receive another large shipment of drugs from California. Authorities intercepted the drugs in Jacksonville and took King into custody. The operation netted more than six kilograms of cocaine, large quantities of the deadly synthetic opioid fentanyl, and several pounds of marijuana and methamphetamine, as well as several illegal firearms.
“Step by step, drug dealer by drug dealer, we will be relentless as we continue to identify and remove these violent drug traffickers from our communities,” said U.S. Attorney Christine. “With the outstanding cooperation from other federal, state and local law enforcement agencies and prosecutors, we are united in our determination to disrupt and dismantle these poison-pushers and lock their members up.”
“Residents of Waycross can rest easy that a major distributor of drugs on their streets will no longer be able to burden their community with the crime he inflicted on them,” said Chris Hacker, Special Agent in Charge of the FBI Atlanta Division. “It would not have been possible without the collaborative efforts of our partners in law enforcement. This sentencing should serve as notice to anyone thinking about following in King’s footsteps.”
Agencies that participated in the FBI-led investigation included the Coastal Georgia Violent Gang Task Force, the U.S. Marshals Service, the U.S. Probation Office, the Georgia Department of Community Supervision, the Glynn County Police Department, the Brunswick Police Department, the Ware County Sheriff’s Office, the Waycross Police Department and the Blackshear Police Department. The operation was investigated through the Organized Crime Drug Enforcement Task Force (OCDETF), which is comprised of local, state and federal law enforcement agents.
Assistant United States Attorneys Jennifer Kirkland and Marcela Mateo prosecuted the cases on behalf of the United States.
For any questions, please contact Barry Paschal at the United States Attorney’s Office at (912) 652-4422.
Dominican National Charged with Aggravated Identity Theft and Stealing Government BenefitsRead the Press Release
BOSTON – A Dominican national was charged yesterday in federal court in Boston in connection with making false statements, stealing public money, and aggravated identity theft.
Daniel Polonia Morillo, 57, a Dominican national residing in Lawrence, was indicted on one count of false statement on an application for Social Security benefits, one count of false statement in an application and use of a passport, two counts of theft of public money, and one count of aggravated identity theft. Polonia Morillo was arrested and charged by criminal complaint during an October 2018 federal law enforcement sweep in and around the City of Lawrence.
According to the charging documents, Polonia Morillo used the name, Social Security number, and date of birth of another individual to apply for Social Security benefits in December 2016. At the time he applied, Polonia Morillo produced a United States passport in the other person’s name as proof of his identity. In addition, Polonia Morillo is charged with stealing over $40,000 in Medicaid benefits from March 2012 through October 2018, and over $4,000 in Food Stamps from April 2015 through October 2018.
Aggravated identity theft carries a mandatory sentence of two-years in prison that must run consecutively to any other sentence imposed, one year of supervised release, and a fine of $250,000. The charge of theft of public money provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of false statement for Social Security benefits provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000. The charge of false statement in an application of a passport provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $25,000. Polonia Morillo will be subject to deportation proceedings. 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; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Boston Field Office; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; and Massachusetts State Auditor Suzanne M. Bump made the announcement. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
District Man Sentenced to 14 Years in Prison for Sexually Abusing Teenage SonsRead the Press Release
WASHINGTON – A 37-year-old man, of Washington, D.C., was sentenced today to 14 years in prison for sexually abusing his children, U.S. Attorney Jessie K. Liu announced.
The man, who is not identified here to protect the privacy of the victims, pled guilty in August 2018, in the Superior Court of the District of Columbia, to charges of first-degree child sexual abuse, first-degree sexual abuse of a minor, and second-degree cruelty to children. The plea, which was contingent upon the Court’s approval, called for an agreed-upon 14-year prison term. The Honorable Danya A. Dayson accepted the plea and sentenced the defendant accordingly. Following his prison term, the man will be required to register for the rest of his life as a sex offender and must also complete a term of 15 years of supervised release.
According to the government’s evidence, on April 14, 2018, the defendant, who had subjected his three biological sons and one stepson to repeated physical abuse over many years, forced his two oldest sons, who were then 14 and 16 years old, to smoke a marijuana cigarette laced with an unknown powdered substance. After the victims consumed the drugs, the defendant performed sexual acts on each of them. The defendant then forced the victims into a bedroom, instructed them to move a dresser to block the door, and performed additional sexual acts on the victims simultaneously. The victims reported the sexual abuse to their two younger brothers the next day, and one of the younger brothers reported the abuse to a social worker a few days later.
The defendant, who was on pretrial release in an unrelated case alleging misdemeanor sexual abuse against an adult victim occurring just one week earlier, was arrested on April 20, 2018, and has been in custody ever since.
The day before the sexual abuse, the defendant had strangled his 11-year-old stepson by putting his hands around the victim’s throat until the victim could not breathe and his face turned red.
In announcing the sentence, U.S. Attorney Liu praised the work of officers from the Metropolitan Police Department’s Youth Investigation Division. She also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Lezlie Richardson and Criminal Investigator John Marsh. Finally, U.S. Attorney Liu commended Assistant U.S. Attorneys Katie Kern and Jennifer Loeb, who investigated and prosecuted the case.
District Man Pleads Guilty to Federal Firearms Charge in Robbery of Convenience StoreRead the Press Release
WASHINGTON – Cordell Brockington, 25, of Washington, D.C., pled guilty today to a federal firearms charge stemming from an armed robbery that he committed earlier this year at a convenience store in Northwest Washington, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Brockington pled guilty in the U.S. District Court for the District of Columbia to one count of using, carrying, possessing, and brandishing a firearm during and in relation to a crime of violence. He is to be sentenced on Jan. 22, 2019, by the Honorable Senior Judge Rosemary M. Collyer. Brockington faces a maximum penalty of life in prison.
According to the government’s evidence, on Jan. 9, 2018, at approximately 1:10 a.m., Brockington, while masked, entered a 7-Eleven store in the 1600 block of Connecticut Avenue NW. After entering the store, he approached two store clerks who were working at the time. Brockington stated to the clerks “Give me the money” several times, during which he lifted his jacket area to expose, show, and display a firearm that was located in his waistband.
Brockington then directed one of the clerks to the area of the store where two cash registers were located and instructed the clerk to open both registers. Brockington removed a total of approximately $210 from the registers. He then left the 7-Eleven store.
Brockington was arrested on Jan. 12, 2018, and has been in custody ever since. At the time of his arrest, Brockington was on supervised release following his release from prison eight months earlier for a different armed robbery. He now faces formal revocation of his supervised release and additional incarceration separate and apart from the sentence that he faces for brandishing the loaded firearm on Jan. 9, 2018.
In announcing the plea, U.S. Attorney Liu and Chief Newsham commended the work of the MPD officers who investigated the case. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including Assistant U.S. Attorneys David Misler, Ethan Carroll, and Gregory Rosen, as well as Paralegal Jeannette Litz.
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Disbarred Attorney Sentenced to Prison for Defrauding Former Clients and InvestorsRead the Press Release
NEWS RELEASE SUMMARY – November 9, 2018
SAN DIEGO – Clayton Marlow Anderson, Jr., a former attorney based in La Mesa, California before his disbarment in 2015, was sentenced to serve 18 months in federal prison today for defrauding clients and investors. On July 3, 2018, Anderson pleaded guilty to wire fraud and money laundering in connection with his fraudulent investment scheme, known alternatively as the “Clayton M. Anderson Monthly Income Plan,” “Anderson Plan,” or “A-Plan.”
During a hearing this morning before U.S. District Judge Cathy Ann Bencivengo, Anderson was found to have breached his duty as an attorney and a fiduciary by involving his clients in “A-Plan,” a scheme to solicit loans to finance the costs and fees related to construction defect lawsuits brought by his law firm. As a part of his sentence, Anderson was also ordered to pay over $1.5 million in restitution to his victims.
From 2005 until 2014, Anderson solicited unsecured loans from six individuals and paid them high rates of interest between 8% and 13% each year. However, Anderson eventually refashioned these unsecured loans as an “investment” with guaranteed interest, and pitched the investment to his legal clients. In 2012, Anderson won a $1.8 million legal settlement for Jefferson Pointe Professional Corporation (“JPPC”), who had hired Anderson to represent them in a construction defect lawsuit against the builders of their office park in Murrieta, California. Instead of paying his clients their rightful share of the legal settlement as required, Anderson repeatedly solicited them on behalf of “A-Plan Investment Services, Inc.” promising JPPC a 13% annual return on their “investment.” As a part of his guilty plea, Anderson admitted that his pitch to his clients violated his duties as an attorney and that he made multiple false claims, including that A-Plan had over $1 million under management and that A-Plan was the beneficiary of a $4.4 million insurance policy on his life. Anderson admitted his clients invested $800,000 of their legal settlement into “A-Plan” in reliance on his false claims, and that he engaged in other fraudulent conduct toward his clients.
In fact, Anderson was in dire financial straits when he solicited the investment. Anderson admitted making a $182,549.69 bank transfer in order to conceal from his clients the fact that he had already withdrawn their settlement money from his client trust account without their permission. Anderson also admitted that he engaged in a money laundering transaction on January 2, 2013, when he transferred over $30,000 in money derived from his fraud scheme into a retirement account under his control.
In his plea agreement, Anderson admitted that his fraud caused his clients to lose over $600,000, and that the six other A-Plan participants lost over $700,000 in money loaned to him. Anderson also admitted misrepresenting and concealing a variety of information from the six other A-Plan participants, including his law firm’s bankruptcy, his decision to forfeit all outstanding legal settlement money to the bankruptcy trustee, and his suspension and eventual disbarment by the California State Bar in January 2015. Anderson admitted that if A-Plan’s participants had been aware of those facts, they would not have continued to participate in A-Plan, and that his misrepresentations and omissions prevented them from recouping their investments or at the very least mitigating their losses – totaling $1,362,257.50.
“Clayton Anderson put his own financial interests above those of his clients, and he betrayed the trust that they placed in him as their attorney,” said U.S. Attorney Adam L. Braverman. “This prison sentence serves as a warning and demonstrates the commitment of the United States Attorney’s Office to protecting the rights of investors – especially those investing with their own attorney – to candid, truthful information.”
“The FBI vigorously investigates those who breach the attorney-client trust relationship by committing fraud and deceit,” commented FBI Special Agent in Charge John Brown. “Today, Defendant Clayton Anderson, Jr., received an appropriate penalty that will hopefully bring closure for the victims of this egregious fraud.”
“The blatant fraud and deceit carried out by this former attorney is unconscionable,” stated Special Agent in Charge R. Damon Rowe with IRS Criminal Investigation. “The honesty and integrity Americans expect from their attorney must never be compromised, which is why we will continue to work with all levels of law enforcement to root out unscrupulous attorneys and hold them accountable.”
This case was prosecuted by Special Assistant U.S. Attorney Jeffrey D. Hill, and Assistant U.S. Attorney Joseph J. M. Orabona.
DEFENDANT Case Number 18-cr-3075-CAB
Clayton Marlow Anderson, Jr. Mira Loma, CA.
SUMMARY OF CHARGES
Wire Fraud – Title 18, U.S.C., Section 1343
Maximum penalty: 20 years’ imprisonment, $2,724,515 fine, restitution
Money Laundering – Title 18, U.S.C., Section 1957
Maximum penalty: 10 years’ imprisonment, $250,000 fine, restitution
AGENCIES
Federal Bureau of Investigation
Internal Revenue Service, Criminal Investigation
Department of Justice’s Judicial Studies Institute Celebrates Impact on Mexico’s JudiciaryRead the Press Release
The Department of Justice’s Office of Prosecutorial Development and Training (OPDAT), with the support of the Department of State’s International Narcotics and Law Enforcement Division (INL), celebrated the release of “Reflections on the Accusatory System: Shared Experiences” in the Salón Marqués-Conde of the Hotel Marquis Reforma in Mexico City on the evening of Nov. 7.
This volume, authored by a cohort of judges from the Puerto Rican Judiciary, the Federal Judiciary of the United States, and the Judiciary of Colombia, gathers the insights of OPDAT’s closest judicial partners on the role of judges within Mexico’s new accusatory criminal justice system. These judges have generously volunteered their time and expertise to work with OPDAT’s Judicial Studies Institute (JSI) in Mexico and Puerto Rico since 2016. The Honorable Edgardo Rivera García, Associate Justice of the Supreme Court of Puerto Rico, and the Honorable Gustavo Gelpí, Chief Judge of U.S. District Court for the District of Puerto Rico, have been especially instrumental in supporting OPDAT’s programming. The JSI program, funded by the Merida Initiative, strengthens the effectiveness of hundreds of Mexican federal appellate and amparo judges.
“The exchange among our dear friends at the Puerto Rican Supreme Court and the Puerto Rican federal courts, gave us a completely distinct outlook from the judicial trainings in countries like Chile and Colombia,” said Justice of the First Chamber of the Mexican Supreme Court Justice, the Honorable Jorge Mario Pardo Rebolledo. “The shared experience [of the Mexico-Puerto Rico Judicial Studies Institute] has been and continues to generate the most useful knowledge for Mexico’s new accusatory criminal justice system.”
This event commemorated the commitment of OPDAT and its partners to supporting Mexico’s judicial sector in the face of the challenges presented by transnational organized crime.
Deli Owner and Co-Conspirator Found Guilty of Conspiring to Set Fire to Rival DeliRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Ashan M. Benedict, Special Agent-in-Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), and Daniel A. Nigro, Commissioner of the New York City Fire Department (“FDNY”), announced today that REDHWAN SALEH and ANTOINE BOSTICK were convicted by a jury in connection with their participation in an arson in the Bronx, New York. The verdict followed a four-day trial before the Honorable William H. Pauley III.
Manhattan U.S. Attorney Geoffrey S. Berman said: “A unanimous Manhattan jury has found Redhwan Saleh guilty of planning and paying three men to execute the arson of a competing deli in his Riverdale neighborhood. Saleh and his co-defendant, Antoine Bostick, have found out the hard way that playing with fire usually leads to getting burned, and possibly prison.”
ATF Special Agent-in-Charge Ashan M. Benedict said: “The callous actions of Redhwan Saleh and Antoine Bostick caused extensive damage to property and could have resulted in serious injury or harm to first responders and the general public. Thanks to the efforts of the ATF/ NYPD/ FDNY Arson and Explosive Task Force, the individuals responsible were brought to justice. I would like to thank the United States Attorney’s office for their work in prosecuting this case.”
According to allegations in the Superseding Indictment, other filings in Manhattan federal court, and the evidence presented at trial:
SALEH owns a deli near the intersection of 242nd Street and Broadway in the Riverdale section of the Bronx. After SALEH learned that a competing deli was about to open a few stores down from his, SALEH paid three men, including BOSTICK, to set the new deli on fire. On September 11, 2016, a few weeks before the new deli opened, BOSTICK climbed onto the new deli’s roof, poured gasoline down the vent pipe, and lit the gas on fire. The new deli and a neighboring store both suffered extensive fire damage and the new deli’s opening was substantially delayed.
In addition to SALEH and BOSTICK, two other individuals have been convicted in connection with this case. ARTHUR CHERRY pled guilty to conspiracy to commit arson and arson, among other crimes. RICHARD SANCHEZ pled guilty to conspiracy to commit arson.
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SALEH, 37, of Brooklyn, New York, was convicted of conspiracy to commit arson, which carries a maximum sentence of five years in prison, and arson, which carries a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years in prison. SALEH will be sentenced by Judge Pauley on March 15, 2019.
BOSTICK, 32, of New Rochelle, New York, was convicted of conspiracy to commit arson, which carries a maximum sentence of five years in prison. BOSTICK was found not guilty of arson. BOSTICK will be sentenced by Judge Pauley on March 15, 2019.
The statutory maximum and minimum sentences are prescribed by Congress and are provided here for information purposes only, as any sentencing of the defendants would be determined by the judge.
Mr. Berman praised the investigative efforts of the Strategic Explosive and Arson Response Task Force of the ATF, the NYPD, and the FDNY.
The case is being prosecuted by the Office’s General Crimes Unit. Assistant United States Attorneys Adam S. Hobson and Thomas McKay are in charge of the prosecution.
Delaware Woman Charged with Attempting to Smuggle Marijuana into the United States from CanadaRead 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 Dasiah Danae Cooper, 23, of New Castle, Delaware, was arrested and charged by criminal complaint with possession and importation of a controlled substance, and smuggling goods into the United States. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that according to the complaint, on November 5, 2018, at approximately 12:21 p.m., the defendant attempted to enter the United States from Canada at the Peace Bridge Port of Entry. Cooper was a passenger in a vehicle and stated during primary inspection that she did not have any drugs, weapons, or prohibited items.During a secondary inspection of the vehicle, a narcotics canine detected an odor on the passenger floor area. A search of the floor area resulted in the discovery of a blue plastic container with nine cigarettes containing suspected marijuana.
The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and was released.
The criminal complaint is the culmination of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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.
# # # #
Dallas felon sentenced to 7 years in prison for possessing firearm in northeast LouisianaRead the Press Release
MONROE, La. – United States Attorney David C. Joseph announced that a Dallas felon was sentenced Wednesday to 84 months in prison for possessing a pistol found during a traffic stop in northeast Louisiana.
Steve Scott, 40, of Dallas, Texas, was sentenced by U.S. District Judge Terry A. Doughty on one count of felon in possession of a firearm. He was also sentenced to three years of supervised release. According to the July 26, 2018 guilty plea, Louisiana State Police troopers conducted a stop on Scott’s vehicle for a traffic violation while he was traveling in northeast Louisiana. After searching the vehicle, troopers found a Stallard pistol, Model JS-9, 9 mm caliber, bearing serial number 067896, loaded with nine rounds of 9 mm ammunition. Scott has a prior felony conviction for unlawful possession of a firearm by a convicted felon in Dallas County, Texas.
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 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.
The ATF and the Louisiana State Police conducted the investigation. Assistant U.S. Attorney Allison D. Bushnell prosecuted the case.
Cowlitz County Man Convicted of Illegal Weapons PossessionRead the Press Release
A Longview, Washington man who was convicted last year of a triple homicide in Vancouver, was convicted today in U.S. District Court in Tacoma of federal felonies for illegal weapons possession, announced U.S. Attorney Annette L. Hayes. BRENT LUYSTER, 37, was convicted following a three day trial of being a felon in possession of a firearm and being a felon in possession of ammunition. When sentenced by U.S. District Judge Benjamin H. Settle on February 25, 2019, LUYSTER faces up to twenty years in federal prison. LUYSTER is currently serving a state sentence of life in prison with no chance of parole.
According to the evidence at trial in the case, Cowlitz County Sheriff’s deputies were called to a Longview home in May 2016, after a woman fled to a neighbor’s home saying she had been assaulted and her child was missing. The woman told responding officers that LUYSTER had hit her in the head with a gun. Another neighbor reported hearing gunshots. Ultimately, officers located LUYSTER on a hillside behind the house and convinced him to surrender. He had ammunition in his pockets and at the location where he had been concealed on the hillside, officers recovered three firearms: a Bushmaster rifle, a Glock .40 caliber handgun and a Keltec .12 gauge shotgun. Additional ammunition was also discovered on the hillside. Inside the house where LUYSTER lived, law enforcement found five additional rifles and a handgun. The investigation revealed that LUYSTER’s live-in girlfriend had purchased the weapons for LUYSTER. LUYSTER was prohibited from possessing firearms due to multiple felony convictions including convictions for assault, burglary, theft, malicious harassment and riot with a deadly weapon.
Following the May 16 assault, while charges were pending, LUYSTER shot and killed three people and critically injured a fourth on July 15, 2016 at a home near Woodland, Washington. He was convicted of three counts of aggravated first degree murder in November 2017.
The case was investigated by the Cowlitz County Sheriff’s Office, Longview Police Department, the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), and the Federal Bureau of Investigation (FBI). The case is being prosecuted by Assistant United States Attorneys Bruce Miyake and Ye-Ting Woo.
Conewango Man Pleads Guilty in Debt Restructuring SchemeRead 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 Mark Farnham, 25, of Conewango Valley, NY, pleaded guilty to conspiracy to commit bank fraud before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 30 years in prison and a $1,000,000 fine.
Assistant U.S. Attorneys Stephanie Lamarque and Wei Xiang, who are handling the case, stated that between February 2016 and October 2016, the defendant worked with co-defendants Sergiy Bezrukov and Dustin Walker at companies with various names such as “Corporate Restructure,” and “Salamanca Payroll Services.” Farnham was a manager for Corporate Restructure, Inc., which operated out of office space in Salamanca, NY, and Buffalo NY.
Farnham, Bezrukov and Walker, along with others, used a number of fraudulent companies to mail solicitations to small business owners (victims) which fraudulently informed the victims that one or more of the fraudulent companies could assist the Victims with restructuring debts they had with other lenders.
From the summer of 2016 until October 27, 2016, the defendant: opened multiple bank accounts at a number of banks, including Citizens Bank, Bank of America, Northwest Savings Bank and First Niagara Bank; made daily deposits into the bank accounts opened at the aforementioned banks; made daily withdrawals from the bank accounts at the aforementioned banks; opened post office boxes which were used to receive Victims mail and to use as the return addresses on solicitation letters; and took calls from victims who were upset and had questions about their “loan restructure.”
When talking with victims over the telephone, Farnham used aliases and provided the victims with information that was not true or accurate about the status of the purported loan restructure. Farnham continued to deposit victims’ monies into the account of shell companies that never provided any services, and withdrew the deposited money from those accounts.
Charges are pending against Sergiy Bezrukov with trial set to begin on December 17, 2018, before Judge Vilardo. 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. Dustin Walker was previously convicted and is awaiting sentencing.
The plea is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office; and Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for March 19, 2019, before Judge Vilardo.
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Colombian National Charged with Illegal Reentry and Immigration FraudRead the Press Release
BOSTON – A Colombian national has been charged in federal court in Boston with illegally reentering the United States after deportation and immigration document fraud.
Guillermo Pineda Suarez, 56, was indicted on one count of illegal reentry of a deported alien, one count of possession and use of a false immigration document, and one count of false statements in an immigration document. Pineda Suarez is currently in state custody on unrelated charges.
According to the indictment, on May 22, 2014, Pineda Suarez made a false statement under oath in a United States Citizenship and Immigration Services Form I-9 Employment Eligibility Verification Form and used a counterfeit U.S. Permanent Resident Card. It is further alleged that on March 15, 2018, Pineda Suarez was encountered by law enforcement in Boston and determined to be unlawfully present in the United States. Pineda Suarez was previously deported on Nov. 9, 2001.
Each charge provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. Pineda Suarez will be subject to deportation upon completion of any sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; and Todd M. Lyons, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Elianna J. Nuzum of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Collinsville Man Admits to Possessing Child Pornography Depicting Very Young ChildrenRead the Press Release
A 34-year old man has entered a guilty plea to possession of child pornography, announced U.S. Attorney Trent Shores.
From May 22, 2017, through July 13, 2017, Igor Kolosha, knowingly possessed and accessed graphic images and videos of children under the age of 12 engaged in sexually explicit conduct. Some of those images were of children as young as toddlers.
“Child pornography victims are repeatedly exploited by pedophiles lurking on the internet in search of sexually graphic photos and videos,” said U.S. Attorney Trent Shores. “Federal investigators and prosecutors act with the utmost vigilance when it comes to protecting child victims. We will identify, locate and prosecute child predators and anyone who seeks out or produces child pornography.”
U.S. District Judge Claire V. Eagan accepted the guilty plea and set sentencing for Feb. 12, 2019. At that time, Kolosha faces a maximum of 20 years in prison and a $250,000 possible fine.
Kolosha was permitted to remain on bond pending the sentencing.
The FBI conducted the investigation. Assistant U.S. Attorney Shannon Cozzoni prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s 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.
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 United States Attorney’s 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.
Champaign County Man to Serve 45 Years in Prison for Sexual Exploitation of ChildrenRead the Press Release
URBANA, Ill. – Chief U.S. District Judge James E. Shadid today ordered Joshua E. Lange, 40, of Tolono, Ill., to serve 45 years in federal prison for his sexual exploitation of children from September 2015 through January 2017.
On April 27, 2018, Lange entered pleas of guilty to the three counts of sexual exploitation of children as charged in the indictment returned by the grand jury in November 2017. Lange admitted that he used the minors to engage in sexually explicit conduct, while the minors were asleep, and produced videos and photographs in his basement of such conduct.
U.S. Attorney John C. Milhiser stated, “We will continue to work with our state and federal partners to identify these predators and bring them to justice.”
In a separate case, in Champaign County Circuit Court, Lange is scheduled to be sentenced on Nov. 13, 2018, for aggravated criminal sexual abuse. It was during the investigation of a criminal sexual abuse allegation that investigators discovered that Lange possessed images of sexually explicit conduct depicting at least three additional minors.
Lange has remained in the custody of the U.S. Marshals Service since his arrest on Nov. 3, 2017.
Assistant U.S. Attorney Elly M. Peirson represented the government in the prosecution. The charges were investigated by the Federal Bureau of Investigation; the Champaign Police Department, and the Champaign County Sheriff’s Office, with the cooperation of the Champaign County States Attorney.
The case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and 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.
Cesar Altieri Sayoc Charged in 30-Count Indictment with Mailing Improvised Explosive Devices in Connection with Domestic Terrorist AttackRead the Press Release
Cesar Altieri Sayoc, aka Cesar Randazzo, aka Cesar Altieri, and aka Cesar Altieri Randazzo, 56, was charged today in a 30-count Indictment for offenses relating to his alleged execution of a domestic terrorist attack in October 2018, which involved the mailing of 16 improvised explosive devices (IEDs) to 13 victims throughout the country.
Assistant Attorney General for National Security John C. Demers, U.S. Attorney Geoffrey S. Berman for the Southern District of New York, Assistant Director in Charge William F. Sweeney Jr. of the FBI’s New York Office, and Police Commissioner James P. O’Neill of the NYPD made the announcement. The case is assigned to U.S. District Judge Jed S. Rakoff.
“According to court filings, Cesar Sayoc mailed 16 IEDs to more than a dozen victims throughout the country, including current and former elected leaders. Less than five days after the first IED was discovered, he was tracked down and arrested, thanks to the outstanding work of the FBI, the U.S. Postal Inspection Service and other law enforcement partners,” said Assistant Attorney General Demers.
“Cesar Sayoc allegedly targeted former high-ranking officials such as President Barack Obama, President Bill Clinton, Vice President Joe Biden, Secretary of State Hillary Clinton, and others, as well as CNN, by sending explosive packages to them through the U.S. Postal Service,” said U.S. Attorney Berman. “Sayoc’s alleged conduct put numerous lives at risk. It was also an assault on a nation that values the rule of law, a free press, and tolerance of differences without rancor or resort to violence. Thanks to the diligent and determined work of our law enforcement partners here and across the country, it took just five days to identify and apprehend Sayoc and end his reign of terror. He now faces justice from a nation of laws.”
“As alleged, Cesar Sayoc deliberately targeted 13 individuals with 16 improvised explosive devices, attempting to create an atmosphere of fear and intimidation from California to the eastern seaboard,” said Assistant Director in Charge Sweeney. “Thanks to the seamless integration of FBI JTTFs across the country, working side-by-side with many other law enforcement agencies and first responders, his campaign of terror was brought to a rapid conclusion just five days after the discovery of the first device. The FBI remains steadfast in our mission to protect the American public, and we will move with speed to bring justice to anyone seeking to harm our communities.”
“I commend everyone involved in investigating and prosecuting this case, particularly the agents and detectives on the FBI’s Joint Terrorism Task Force in New York, which includes 56 agencies and 300 individuals – 113 of them NYPD cops,” said Commissioner O’Neill. “Standing shoulder to shoulder with the FBI, the ATF, the U.S. Marshals, the U.S. Postal Inspection Service, the New York State Police, and others, we said from the outset that we would identify and bring to justice the person allegedly responsible for these acts. We could make that promise because of our proven history of effective partnership. The public’s vigilance also greatly assisted this investigation and helped lead to today’s 30-count indictment. What is clear is that New Yorkers are always resilient in the face of threats – we refuse to back down, and we will never be deterred.”
According to the Indictment, Complaint, other court filings, and statements made during court proceedings[1]:
Between Oct. 22 and Nov. 2, the FBI and the U.S. Postal Service recovered 16 padded manila envelopes containing IEDs allegedly mailed by Sayoc from Florida to addresses in New York, New Jersey, Washington, D.C., Delaware, Atlanta and California. Sayoc’s alleged victims, listed alphabetically, were former Vice President Joseph Biden, Senator Cory Booker, former CIA Director John Brennan, former Director of National Intelligence James Clapper, former Secretary of State Hillary Clinton, CNN, Robert De Niro, Senator Kamala Harris, former Attorney General Eric Holder, former President Barack Obama, George Soros, Thomas Steyer, and Representative Maxine Walters.
Each of the 16 envelopes allegedly mailed by Sayoc had similar features, including the return addressee “Debbie Wasserman Shultz” at an address in “Florids,” six self-adhesive postage stamps bearing the American flag, and address labels printed on white paper with blank ink in similar typeface and font size. Each of the 16 envelopes also contained an IED. The 16 IEDs also had similar features, including approximately six inches of PVC pipe packed with explosive material, a small clock, and wiring. Some of the IEDs also contained shards of glass.
Preliminary analysis by the FBI has revealed forensic evidence linking 11 of the 16 mailings to Sayoc. Specifically, latent fingerprints on two of the envelopes have been identified to Sayoc, and there are possible DNA associations between a DNA sample collected from Sayoc prior to his arrest in this case and DNA found on components from 10 of the IEDs (including one of the IEDs that was mailed in an envelope from which a latent fingerprint identified to Sayoc was recovered).
The FBI arrested Sayoc in Plantation, Florida, on Oct. 26 – less than five days after the Oct. 22 recovery of the first IED, which Sayoc allegedly mailed to Soros in New York. The FBI seized a laptop from Sayoc’s van in connection with the arrest that contained lists of physical addresses that match many of the labels on the envelopes that Sayoc allegedly mailed. The lists were saved at a file path on the laptop that includes a variant of Sayoc’s first name: “Users/Ceasar/Documents.” A document from that path, titled “Debbie W.docx” and bearing a creation date of July 26, contained repeated copies of an address for “Debbie W. Schultz” in Sunrise, Florida, that is nearly identical, except for typographical errors, to the return address that Sayoc allegedly used on the packages. Similar documents bearing file titles that include the name “Debbie,” and creation dates of Sept. 22, contain exact matches of the return address allegedly used by Sayoc on the 16 envelopes.
Sayoc possessed a cellphone at the time of his arrest, and the FBI’s ongoing forensic analysis of the device has revealed additional evidence. For example, Sayoc allegedly used the phone to conduct the following Internet searches, among others, on the dates indicated:
- July 15: “hilary Clinton hime address”
- July 26: “address Debbie wauserman Shultz”
- Sept. 19: “address kamila harrias”
- Sept. 26: “address for barack Obama”
- Sept. 26: “michelle obama mailing address”
- Sept. 26: “joseph biden jr”
- Oct. 1: “address cory booker new jersey”
- Oct. 20: “tom steyers mailing address”
- Oct. 23: “address kamala harris”
Sayoc’s phone also contained photographs of some of the victims.
* * *
Sayoc, a U.S. citizen, is charged in the Indictment with 30 counts: one count of six different offenses for each of the five IEDs that he allegedly mailed to Clinton, Brennan, Clapper, Soros and De Niro in the Southern District of New York. In aggregate, the 30 counts in the Indictment carry a potential maximum penalty of life imprisonment, and a mandatory minimum penalty of life imprisonment. A chart providing more information regarding the charges and potential penalties is set forth below. The statutory penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Counts
Charge
Penalties Per Count
1 – 5
Using a weapon of mass destruction
Maximum per count: life
6 – 10
Interstate transportation of an explosive
Maximum per count: 20 years
11 – 15
Conveying a threat in interstate commerce
Maximum per count: 5 years
16 – 20
Unlawful use of mails
Maximum per count: 10 years
21 – 25
Carrying an explosive during the commission of a felony
Minimum for first conviction: 10 years
Minimum for additional convictions: 20 years
26 – 30
Using and carrying a destructive device in furtherance of a crime of violence
Maximum per count: life
Minimum for first conviction: 30 years
Minimum for additional convictions: life
Mr. Demers and Mr. Berman praised the outstanding efforts of the FBI’s New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the NYPD, and the U.S. Postal Inspection Service. Mr. Demers and Mr. Berman also thanked the U.S. Attorney’s Office for the Southern District of Florida for its assistance.
Assistant U.S. Attorneys Sam Adelsberg, Emil J. Bove III, Jane Kim, and Jason A. Richman of the Southern District of New York are in charge of the prosecution, with assistance from Trial Attorneys David Cora and Kiersten Korczynski of the National Security Division’s Counterterrorism Section.
Cesar Altieri Sayoc Charged in 30-Count Indictment with Mailing Improvised Explosive DevicesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, John C. Demers, the Assistant Attorney General for National Security, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, Police Commissioner of the City of New York (“NYPD”), announced today that Cesar Altieri Sayoc, a/k/a “Cesar Randazzo,” “Cesar Altieri,” and “Cesar Altieri Randazzo,” was charged today in Manhattan federal court in a 30-count Indictment for offenses relating to his alleged execution of a domestic terrorist attack in October 2018, which involved the mailing of 16 improvised explosive devices (“IEDs”) to 13 victims throughout the country. The case is assigned to U.S. District Judge Jed S. Rakoff.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Cesar Sayoc allegedly targeted former high-ranking officials such as President Barack Obama, President Bill Clinton, Vice President Joe Biden, Secretary of State Hillary Clinton, and others, as well as CNN, by sending explosive packages to them through the U.S. Postal Service. Sayoc’s alleged conduct put numerous lives at risk. It was also an assault on a nation that values the rule of law, a free press, and tolerance of differences without rancor or resort to violence. Thanks to the diligent and determined work of our law enforcement partners here and across the country, it took just five days to identify and apprehend Sayoc and end his reign of terror. He now faces justice from a nation of laws.”
Assistant Attorney General John C. Demers said: “According to court filings, Cesar Sayoc mailed 16 IEDs to more than a dozen victims throughout the country, including current and former elected leaders. Less than five days after the first IED was discovered, he was tracked down and arrested, thanks to the outstanding work of the FBI, the U.S. Postal Inspection Service and other law enforcement partners.”
FBI Assistant Director William F. Sweeney Jr. said: “As alleged, Cesar Sayoc deliberately targeted 13 individuals with 16 improvised explosive devices, attempting to create an atmosphere of fear and intimidation from California to the eastern seaboard. Thanks to the seamless integration of FBI JTTFs across the country, working side-by-side with many other law enforcement agencies and first responders, his campaign of terror was brought to a rapid conclusion just five days after the discovery of the first device. The FBI remains steadfast in our mission to protect the American public, and we will move with speed to bring justice to anyone seeking to harm our communities.”
NYPD Commissioner James P. O’Neill said: “I commend everyone involved in investigating and prosecuting this case, particularly the agents and detectives on the FBI’s Joint Terrorism Task Force in New York, which includes 56 agencies and 300 individuals – 113 of them NYPD cops. Standing shoulder to shoulder with the FBI, the ATF, the U.S. Marshals, the U.S. Postal Inspection Service, the New York State Police, and others, we said from the outset that we would identify and bring to justice the person allegedly responsible for these acts. We could make that promise because of our proven history of effective partnership. The public’s vigilance also greatly assisted this investigation and helped lead to today’s 30-count indictment. What is clear is that New Yorkers are always resilient in the face of threats – we refuse to back down, and we will never be deterred.”
According to the Indictment, Complaint, other court filings, and statements made during court proceedings[1]:
Between October 22 and November 2, 2018, the FBI and the U.S. Postal Service recovered 16 padded manila envelopes containing IEDs allegedly mailed by Sayoc from Florida to addresses in New York, New Jersey, Washington, D.C., Delaware, Atlanta, and California. Sayoc’s alleged victims, listed alphabetically, were former Vice President Joseph Biden, Senator Cory Booker, former CIA Director John Brennan, former Director of National Intelligence James Clapper, former Secretary of State Hillary Clinton, CNN, Robert De Niro, Senator Kamala Harris, former Attorney General Eric Holder, former President Barack Obama, George Soros, Thomas Steyer, and Representative Maxine Waters.
Each of the 16 envelopes allegedly mailed by Sayoc had similar features, including the return addressee “Debbie Wasserman Shultz” at an address in “Florids,” six self-adhesive postage stamps bearing the American flag, and address labels printed on white paper with black ink in similar typeface and font size. Each of the 16 envelopes also contained an IED. The 16 IEDs also had similar features, including approximately six inches of PVC pipe packed with explosive material, a small clock, and wiring. Some of the IEDs also contained shards of glass.
Preliminary analysis by the FBI has revealed forensic evidence linking 11 of the 16 mailings to Sayoc. Specifically, latent fingerprints on two of the envelopes have been identified to Sayoc, and there are possible DNA associations between a DNA sample collected from Sayoc prior to his arrest in this case and DNA found on components from 10 of the IEDs (including one of the IEDs that was mailed in an envelope from which a latent fingerprint identified to Sayoc was recovered).
The FBI arrested Sayoc in Plantation, Florida, on October 26, 2018 – less than five days after the October 22 recovery of the first IED, which Sayoc allegedly mailed to Soros in New York. The FBI seized a laptop from Sayoc’s van in connection with the arrest that contained lists of physical addresses that match many of the labels on the envelopes that Sayoc allegedly mailed. The lists were saved at a file path on the laptop that includes a variant of Sayoc’s first name: “Users/Ceasar/Documents.” A document from that path, titled “Debbie W.docx” and bearing a creation date of July 26, 2018, contained repeated copies of an address for “Debbie W. Schultz” in Sunrise, Florida, that is nearly identical, except for typographical errors, to the return address that Sayoc allegedly used on the packages. Similar documents bearing file titles that include the name “Debbie,” and creation dates of September 22, 2018, contain exact matches of the return address allegedly used by Sayoc on the 16 envelopes.
Sayoc possessed a cellphone at the time of his arrest, and the FBI’s ongoing forensic analysis of the device has revealed additional evidence. For example, Sayoc allegedly used the phone to conduct the following Internet searches, among others, on the dates indicated:
-
- July 15, 2018: “hilary Clinton hime address”
- July 26, 2018: “address Debbie wauserman Shultz”
- September 19, 2018: “address kamila harrias”
- September 26, 2018: “address for barack Obama”
- September 26, 2018: “michelle obama mailing address”
- September 26, 2018: “joseph biden jr”
- October 1, 2018: “address cory booker new jersey”
- October 20, 2018: “tom steyers mailing address”
- October 23, 2018: “address kamala harris”
Sayoc’s phone also contained photographs of some of the victims.
* * *
SAYOC, 56, of South Florida, is charged in the Indictment with 30 counts: one count of six different offenses for each of the five IEDs that he allegedly mailed to Clinton, Brennan, Clapper, Soros, and De Niro in the Southern District of New York. In aggregate, the 30 counts in the Indictment carry a potential maximum penalty of life imprisonment, and a mandatory minimum penalty of life imprisonment. A chart providing more information regarding the charges and potential penalties is set forth below. The statutory penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Mr. Berman and Mr. Demers praised the outstanding efforts of the Federal Bureau of Investigation’s New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the New York City Police Department, New York State Police, Westchester County Police Department, the U.S. Postal Inspection Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Mr. Berman and Mr. Demers also thanked the U.S. Attorney’s Office for the Southern District of Florida for its assistance.
This prosecution is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Sam Adelsberg, Emil J. Bove III, Jane Kim, and Jason A. Richman are in charge of the prosecution, with assistance from Trial Attorneys David Cora and Kiersten Korczynski of the National Security Division’s Counterterrorism Section.
Counts
Charge
Penalties Per Count
1 – 5
Using a weapon of mass destruction
Maximum per count: life
6 – 10
Interstate transportation of an explosive
Maximum per count: 20 years
11 – 15
Conveying a threat in interstate commerce
Maximum per count: 5 years
16 – 20
Unlawful use of mails
Maximum per count: 10 years
21 – 25
Carrying an explosive during the commission of a felony
Minimum for first conviction: 10 years
Minimum for additional convictions: 20 years
26 – 30
Using and carrying a destructive device in furtherance of a crime of violence
Maximum per count: life
Minimum for first conviction: 30 years
Minimum for additional convictions: life
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the Indictment, and the description of the Complaint and Indictment set forth herein, constitute only allegations and every fact described should be treated as an allegation.
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Camden Felon Sentenced to Federal Prison for Unlawfully Possessing a FirearmRead the Press Release
Columbia, South Carolina---- United States Attorney Sherri A. Lydon announced today that Tarkim Shavell Melendez, 30, of Camden, South Carolina, was sentenced to nearly four years in federal prison for being a felon in possession of a firearm.
Evidence presented to the court showed that when a Bishopville City Police officer conducted a traffic stop in Bishopville on February 8, 2018, he recognized the passenger, Melendez, because Melendez had outstanding arrest warrants. When Melendez was arrested he was carrying a stolen, loaded 9mm pistol. Federal law prohibits him from owning or possessing a firearm or ammunition due to previous felony convictions.
Senior United States District Judge Joseph F. Anderson, Jr., sentenced Melendez to 46 months in federal prison, to be followed by three years of court-ordered supervision. There is no parole in the federal system.
The case was investigated by the Bishopville City Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and prosecuted as part of the joint federal, state, and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001 that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Turning the tide of rising violent crime in America is a top priority for the Department of Justice, which has reinstituted PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy. Assistant United States Attorney William E. Day, II, of the Columbia office prosecuted the case.
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Camden County Police Officer Charged with Civil Rights Violation and Obstruction of JusticeRead the Press Release
CAMDEN, N.J. - A federal grand jury indicted a Camden County police officer for multiple offenses arising from an assault on the streets of Camden, New Jersey, United States Attorney Craig Carpenito announced.
Nicholas Romantino, 25, of Egg Harbor Township, New Jersey was charged in a two-count Indictment that was unsealed today. The Indictment alleges that Romantino violated a victim’s civil rights by repeatedly punching the victim in the head and then falsified a police report to cover up the assault. A federal grand jury returned the sealed Indictment on November 7, 2018.
According to documents filed in this case and statements made in court:
On or about February 22, 2018, Romantino was working in his official capacity as a Camden County Police Officer when he responded to a radio dispatcher’s report of a “man with a gun” in the area of Collings and New Hampshire Roads. Romantino was one of several police officers who responded.
When officers arrived at the location, another officer stopped the victim and told him to put his hands up. The victim complied. Romantino approached the victim from behind and tried to pull his arm behind his back, which startled the victim. The victim reacted by pulling his arm away from Romantino. Romantino then threw the victim to the ground.
Once on the ground, Romantino rolled the victim over onto his stomach at which point another officer grabbed the victim’s legs and a second officer grabbed the victim’s right arm. Romantino grabbed the victim’s left hand.
Romantino, without provocation, punched the victim multiple times in the back of his head. Ultimately, the victim was transported in police custody to Virtua Hospital in Camden, New Jersey, where he received treatment for head injuries, as a result of the punches that he received from Romantino.
After the victim was transported to the hospital, Romantino checked himself into Virtua Hospital where he received treatment for injuries to his right hand, as a result of the punches that he delivered to the victim’s head.
Romantino then returned to the police station to prepare his reports in connection with the victim’s arrest. To justify his actions against the victim, Romantino prepared and submitted a false and fraudulent police report in which Romantino falsely stated that the victim “placed his left hand under his chest and began to try [to] lift himself off the ground. Due to the fact that the male was trying to lift himself up and I was unable to see his right hand I began to strike the male in the head with a closed fist . . . .” Contrary to Romantino’s representations in his report, Romantino held the victim’s left hand while he punched the victim in the back of his head and another officer held the victim’s right arm.
The violation of civil rights count carries a maximum penalty of 10 years in prison. The false records count carries a maximum penalty of 20 years in prison. The maximum fine for each of the charges is $250,000.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Michael T. Harpster of the Philadelphia Division, with the investigation leading to today’s indictment. U.S. Attorney Carpenito also recognized the contributions of the Internal Affairs Unit of the Camden County Police Department, under the direction of Chief J. Scott Thomson, and investigators assigned to the Special Prosecution Unit of the Camden County Prosecutor’s Office.
The government is represented by Assistant U.S. Attorney Jason M. Richardson of the U.S. Attorney’s Office Criminal Division in Camden.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Buffalo Man Charged with Possession of A MachinegunRead 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 Jeffrey Parker, 33, of Buffalo, NY, was arrested and charged by complaint with unlawful possession of a machinegun, and unlawful possession of a firearm which is not registered in the National Firearms Registration and Transfer Record. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the complaint, on September 6, 2018, the Bureau of Alcohol, Tobacco, Firearms, and Explosives received information from the New York State Police that Parker may have purchased a noncompliant AR-15 style rifle in North Carolina. That same day, an ATF special agent spoke with the defendant who voluntarily turned over eight firearms to the ATF. Six of them were recovered at a cousin’s house in Buffalo and the other two were recovered from Parker’s friend’s house.
While examining the rifles, the special agent noticed that one of the rifles might be a fully automatic machinegun. ATF records show that the defendant purchased this firearm on May 26, 2011, from Federal Firearms Licensee (FFL) Craiglow’s Gun Shop, in West Seneca, NY. The special agent went to Craiglow’s Gun Shop and spoke to the owner who stated he did not believe that the gun was a fully automatic machinegun when he transferred it to Parker.
Law enforcement officers subsequently tested the rifle at a firearms and determined that the rifle functioned as a fully automatic machinegun. A records check also determined that the machinegun was not registered to the defendant.The defendant made an initial appearance today before U.S. Magistrate Judge H. Kenneth Schroeder and was released.
The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, and the New York State Police, under the direction of Major Edward Kennedy.The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Bakersfield Man Indicted for Multiple Firearm ChargesRead the Press Release
FRESNO, Calif. — A federal grand jury returned a six-count indictment Thursday against Julian Burmado, 29, of Bakersfield, charging him with one count of unlawfully manufacturing and dealing firearms and five counts of possession of a firearm not registered in the National Firearms Registry, U.S. Attorney McGregor W. Scott announced.
According to court documents, between March 19 and November 6, 2018, Burmado manufactured and sold homemade rifles to a confidential informant. Many of the rifles had barrel lengths of less than 16 inches. Burmado did not have a license to engage in the business of manufacturing and dealing in firearms, nor were any of the short-barrel rifles registered as required by federal law.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bakersfield Police Department. Assistant U.S. Attorney Melanie L. Alsworth is prosecuting the case.
If convicted, Burmado faces a maximum statutory penalty of 10 years in prison and a $250,000 fine for each count involving possession of unregistered firearms, and a maximum statutory penalty of five years in prison and a $250,000 fine for unlawfully manufacturing and dealing firearm. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Baker man and trucking company ordered to pay $1.29 million, face prison for fraud and violating laws regulating transporting hazardous materialsRead the Press Release
BILLINGS – The U.S. Attorney’s Office announced today that Donald E. Wood, Jr., of Baker, and his trucking company, Woody’s Trucking LLC, were sentenced in U.S. District Court for convictions on multiple charges stemming from a 2012 explosion at an oil and gas processing facility in Wibaux, Montana.
U.S. District Judge Susan Watters sentenced Wood, 57, to 12 months and one day in prison and three years of supervised release. Watters sentenced Woody’s Trucking to four years of probation.
Watters also ordered forfeiture of a personal money judgment of $644,689.70 and ordered restitution of $644,689.70. The monetary penalties total $1,289,370.40 to be paid by Wood and Woody’s Trucking.
A federal jury convicted Wood and his company on 13 of 14 counts after an eight day trial in May. Both defendants were convicted of conspiracy, wire fraud, mail fraud, obstruction of justice and hazardous materials shipping paper and placarding violations. The one count of acquittal related to a placarding violation.
In a sentencing memo, Assistant U.S. Attorney Bryan Dake said the case was about Wood “engaging in deceitful, fraudulent and dangerous conduct, manipulating his otherwise legitimate business practices, in order to line his own pockets.”
The case arose after a December 29, 2012 explosion at Custom Carbon Processing, Inc.’s facility in Wibaux, in which three employees were seriously injured. A driver for Woody’s Trucking had loaded natural gas condensate, or “drip gas,” from a pipeline station in Watford City, N.D., and hauled it to Custom Carbon Processing, a facility that processes and recycles slop oil.
Previous bills of lading that accompanied Woody’s shipments falsely identified the product as “slop oil and water,” which is a non-hazardous substance. On the date of the explosion, the driver was pumping from the truck’s front tank into the CCP facility, when flammable vapors from the drip gas ignited and caused an explosion, injuring three employees. The tanks on the truck burned for eight days. It was determined later that the truck contained drip gas and not slop oil and water. Drip gas is a hazardous material and the truck was not placarded to indicate it held a flammable liquid.
Witnesses at trial testified that Wood, the CEO of the trucking company, directed the driver to place a falsified bill of lading in the burned out truck several days after the explosion. The reason was to cover up the fact that the company was hauling drip gas without placards. The false bill of lading also was submitted to the company’s insurance company and to the Occupational Safety and Health Administration. In addition, the company had no insurance coverage for hauling drip gas.
Later, employees of the burned facility sued Woody’s Trucking, the owners of the CCP facility and others for negligence in a civil action. Woody’s submitted the lawsuit to its insurance company for payment of costs, attorney fees and payment of the eventual settlements to the injured workers. The insurance company agreed to settle the claims, but always maintained that Woody’s Trucking failed to disclose that it was transporting hazardous materials.
The insurance company made coverage related payments after the explosion on behalf of Woody’s Trucking. The company paid $644,689.70 for costs and fees associated with the explosion.
U.S. Attorney Kurt Alme said, “The defendants in this case cut corners to get ahead, and in doing so, endangered lives. For the safety of our citizens, this conduct cannot be permitted. I want to thank the prosecution team and the representatives from the Department of Transportation, Environmental Protection Agency and Department of Labor that coordinated on this important investigation.”
“We believe today’s sentencing sends a strong message to those responsible for properly handling and transporting hazardous material,” said Jeffrey Dubsick, Regional Special Agent in Charge for the U.S. Department of Transportation Office of Inspector General. “Working with our law enforcement and prosecutorial partners, we will continue our vigorous efforts to protect against those who would risk the safety of the public and the environment for personal gain.”
Susan Bodine, assistant administrator of EPA’s Office of Enforcement and Compliance Assurance, said, “The defendants in this case not only violated federal transportation regulations, but also tried to cover up their actions by providing first responders with falsified documents. Companies managing hazardous chemicals should take notice that EPA and our law enforcement partners will enforce laws designed to protect our communities and the environment from chemical accidents.”
Rita Lucero, regional administrator for OSHA’s Region VIII, said, “OSHA is very appreciative of the prosecution brought by the U.S. Attorney’s office in this case. OSHA, the Department of Justice and the Environmental Protection Agency will continue working together to bring employers to justice when they jeopardize the health and safety of their employees.”
Assistant U.S. Attorney Bryan Dake represented the U.S. Attorney’s Office at sentencing. Assistant U. S. Attorney Adam Duerk and Special Assistant U.S. Attorney Eric Nelson of the EPA tried the case.
The case was investigated by the U.S. Attorney’s Office, EPA’s Criminal Investigation Division, Department of Transportation’s Office of Inspector General and the Department of Labor’s Occupational Safety and Health Administration.
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Atlanta-Area Brother and Sister Plead Guilty to Offenses Arising from Narcotics TraffickingRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that TAGGET WILLIAMS, age 44, of Atlanta, Georgia, and SONYA WILLIAMS, age 44, of Norcross, Georgia, pled guilty today to offenses arising from narcotics trafficking.
According to court documents, TAGGET traveled to New Orleans seeking to purchase five kilograms of cocaine from a confidential informant. His sister SONYA was to drive the shipment from New Orleans to Atlanta, from where TAGGET would resell it.
TAGGET pled guilty to conspiring to distribute and to possess with the intent to distribute five kilograms or more of cocaine, for which he faces a term of imprisonment of at least ten years and up to life, a fine of up to $10,000,000, and at least five years of supervised release following any term of imprisonment. SONYA pled guilty to concealing the felony, for which she faces up to three years in prison, a fine of $250,000, and up to one year of supervised release following any term of imprisonment.
Judge Barbier set sentencing for February 7, 2019.
United States Attorney Strasser praised the work of U.S. Immigration and Customs Enforcement, Homeland Security Investigations. Assistant U.S. Attorney Jeffrey Sandman is in charge of the prosecution
Anne Arundel County Man Pleads Guilty to Federal Charges for Sexually Abusing A Minor to Produce Child PornographyRead the Press Release
Baltimore, Maryland – Glenn Ranger, age 56, of Glen Burnie, Maryland, pleaded guilty today to two counts of production of child pornography in connection with his sexual abuse of a young boy.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Colonel William M. Pallozzi, Superintendent of the Maryland State Police; Chief David A. Spencer of the Easton Police Department; Chief Terrence B. Sheridan of the Baltimore County Police Department; and Anne Arundel County State’s Attorney Wes Adams.
According to his guilty plea, from no later than 2004, Ranger knowingly persuaded, enticed, and coerced a prepubescent male to engage in sexually explicit conduct in order to produce videos and images of that conduct. Specifically, Ranger sexually abused John Doe, an approximately 10-year-old boy, in order to record the abuse. The boy was unaware that Ranger was recording the abuse.
In July 2014, Ranger leased a storage unit in Pasadena, Maryland, but failed to pay the rent for the unit. The contents of the unit were purchased at auction by a resident of Easton, Maryland, in March 2018. After observing the nature of the contents, the individual turned them over to law enforcement. The contents of Ranger’s storage unit included computers and other digital devices, VHS tapes, framed photographs, and binders containing printed and organized images of child pornography erotica. The framed photographs included five images of child pornography, including images of John Doe produced by Ranger. The digital devices were forensically examined and were found to contain over 200 images of child pornography and more than 10,000 child exploitive/age difficult images. Two of the VHS tapes contained videos of Ranger sexually abusing John Doe on three separate occasions, and also show Ranger taking sexually explicit photographs of John Doe. The digital camera used to take the photographs and the storage card were also located among the items from Ranger’s storage unit. The files indicate the photos were produced on April 1, 2005, when John Doe was 10 years old.
Ranger was arrested on April 4, 2018. Ranger’s mobile phone was forensically examined after his arrest and revealed that Ranger had visited the social media profile of John Doe, and had made over 46,000 searches using terms such as “nude teen boys,” “nude teenager girl,” “nude teenager boy,” “pure nudist,” and “familys nude.”
Ranger faces a mandatory minimum sentence of 15 years in prison and a maximum of 30 years in prison, followed by up to lifetime of supervised release, for each of the two counts of production of child pornography. The government is recommending a 50 year sentence. U.S. District Judge Richard D. Bennett has scheduled sentencing for January 24, 2019 at 11:00 a.m. Ranger remains detained.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Robert K. Hur commended HSI-Baltimore, the Maryland State Police, the Easton Police Department, the Baltimore County Police Department, and the Anne Arundel County State’s Attorney’s Office for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Paul E. Budlow, who is prosecuting the federal case.
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