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Thursday 27 September 2018
Arizona Man Charged for Sexually Assaulting A Woman on the Fort Mohave Indian Reservation in LaughlinRead the Press Release
LAS VEGAS, Nev. – An Arizona man had his initial appearance in federal court today on charges related to the sexual assault of a woman at a Laughlin resort and casino on the Fort Mohave Indian Reservation, announced U.S. Attorney Dayle Elieson.
Richard Anthony Hernandez, 23, a non-Indian from Fort Mohave, Arizona, is charged by a complaint with one count of assault resulting in serious bodily injury and one count of aggravated sexual abuse. He was arrested Wednesday and appeared today before U.S. Magistrate Judge Carl W. Hoffman, who ordered him detained pending trial.
According to allegations contained in the complaint, on September 24, 2018, Hernandez and a woman, who is a member of the Colorado River Indian Tribes, entered a room at Avi Resort & Casino, which is located on the Fort Mohave Indian Reservation, in Laughlin, Nevada. As alleged, he repeatedly struck her in the face and body, and sexually assaulted her in the room.
Upon arrival, officers from the Fort Mohave Tribal Police Department noticed the room was in disarray, there was blood spatter on the walls and near the door, and there was blood on the beds. After speaking with the victim, who had numerous injuries consistent with having been assaulted, and reviewing the hotel’s surveillance footage, Hernandez was interviewed by the FBI and arrested.
A preliminary hearing is scheduled for October 11, 2018. The maximum statutory penalty for Aggravated Sexual Abuse is up to life imprisonment and a $250,000 fine and the maximum statutory penalty for Assault Resulting in Serious Bodily Injury is up to ten years’ imprisonment and a $250,000 fine.
The charges contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty in a court of law.
The case is being investigated by the FBI and the Fort Mohave Tribal Police Department. Assistant U.S. Attorney Phillip N. Smith Jr. is prosecuting the case.
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Albuquerque Felon Pleads Guilty to Unlawfully Possessing Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Fabian I. Sanchez, 38, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws by unlawfully possessing a firearm and ammunition.
Sanchez, whose criminal history includes convictions for aggravated assault with a deadly weapon, possession of a controlled substance and burglary of a dwelling, is being prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of making communities in New Mexico safer places for people to live and work.
Sanchez was charged on May 9, 2017, with violating the federal firearms laws by being a felon in possession of a firearm and ammunition. The indictment was superseded on Aug. 14, 2018, to charge Sanchez with being a felon in possession of a firearm and ammunition and included forfeiture allegations requiring Sanchez to forfeit two firearms and ammunition to the United States. According to the superseding indictment, the offense took place on Nov. 30, 2016, in Sandoval County, N.M.
During today’s proceedings, Sanchez pled guilty to the superseding indictment and admitted that on Nov. 30, 2016, he was in possession of a firearm and approximately five rounds of ammunition. Sanchez acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
At sentencing, Sanchez faces a maximum statutory penalty of ten years of imprisonment. However, if the court determines that Sanchez is an armed career criminal, he faces an enhanced sentence of a mandatory minimum 15 years to a maximum of life imprisonment. Sanchez remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the Rio Rancho Police Department. Assistant U.S. Attorney Eva Fontanez and Niki Tapia-Brito are prosecuting the case.
Albion Man Sentenced to 170 Months in PrisonRead the Press Release
FORT WAYNE – Keith Miller, age 35, of Albion, Indiana, was sentenced by U.S. District Court Chief Judge Theresa Springmann after pleading guilty to conspiracy to distribute and possess methamphetamine, knowingly and intentionally distributing methamphetamine and possessing a firearm in furtherance of a drug trafficking crime, announced U.S. Attorney Kirsch.
Miller was sentenced to 170 months in prison.
According to documents in the case, from February 2016 through April 2016, Miller and co-defendants conspired and distributed methamphetamine. In November 2016 Miller was in possession of a firearm in furtherance of a drug trafficking crime.
This case was the result of an investigation by the ATF, DEA, and IRS-Criminal Investigation Division with the assistance of the Fort Wayne Police Department. This case was prosecuted by Assistant United States Attorney Lesley Miller-Lowery.
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64 Individuals Charged with Drug Trafficking in Puerto RicoRead the Press Release
SAN JUAN, Puerto Rico – On September 18, a federal grand jury in the District of Puerto Rico returned 16 indictments against 64 defendants charging them with conspiracy to distribute controlled substances, announced Rosa Emilia Rodríguez-Vélez, United States Attorney for the District of Puerto Rico. Immigration and Customs Enforcement (ICE) - Homeland Security Investigations (HSI); United States Postal Inspection Service; United States Postal Service - Office of Inspector General, North East Area, San Juan Field Office; FBI, and the Puerto Rico Police Department jointly investigated this case as part of the Organized Crime Drug Enforcement Task Force (OCDETF).
The indictments allege that since 2010, the organization purchased and sold wholesale quantities of heroin, cocaine, and marihuana. They used the United States Postal Service to purchase and mail these drugs to and from various distributors in the Continental United States.
United States Postal Employees were aware of the shipments of controlled substances and would hold the packages for pick-up by co-conspirators or divert them to other members of the conspiracy.
Members of the conspiracy included police officers who would provide information regarding investigations of the conspirators, interfere in police investigations for the benefit of the conspirators, provide information to the conspirators on how to avoid police detection, and use and leverage their official positions as law enforcement officers in furtherance of the conspiracy.
Additionally, the conspirators sold street quantity amounts of cocaine, crack, and marihuana at drug points in Río Grande, Puerto Rico.
The conspirators facilitated the acquisition of firearms and ammunition, including machine guns, and would use force, violence, and threats in order to intimidate rival drug trafficking organizations. Several of the members of the conspiracy have been charged with possessing firearms in furtherance of drug trafficking crimes and money laundering.
The defendants are: Ignacio Rivera-Hernández, a.k.a. “Nacho/Gordo/Willy/El Patrón”; José M. Santiago-Robles, a.k.a. “Mosco”; Luis Aponte-Hernández, a.k.a. “Luis Loiza”; Juan Ruiz-Velázquez, a.k.a. “Drexler”; Erick Fuentes-Correa, a.k.a. “El Barbu”; Eric Raúl Piñero-Robles, a.k.a. “Pulga”; Lamont Marquese Wright; Mack Devon Boone, a.k.a. “Money Mack”; Luz María Maldonado; Julio César González-Andino, a.k.a. “Fredito”; Raymond Rodríguez-Pabón, a.k.a. “Raymond Cassiano”; Sergio Quiñonez-Ocasio, a.k.a. “Sergito”; Ronnie Medina-García, a.k.a. “Rony”; Rolando José Sierra-Velázquez, a.k.a. “Rolo”; Ángel Omar Rivera-Ferrer, a.k.a. “Omy”; John Leonardo-Jiménez, a.k.a. “Ole”; Alberto Hiraldo, a.k.a. “Quenepa”; Abner Santana-Rosa; Juana Rosa-Pimentel, a.k.a. “Jenny”; Josué Castro-Rivera, a.k.a. “Tito El Loco/Macolin”; Juan Luis Santana-Rosa, a.k.a. “Topin”; Andrés Santana-Rosa, a.k.a. “Andresito/Kiko”; Luis Ángel Cruz-Rosa; Miguel A. Montijo-Hernaiz, a.k.a. “Pollo”; Sergio De León-Dávila; Elvin Serrano-Vega, a.k.a. “Ñaña”; Kidany Cardona-Benitez, a.k.a. “Pucho”; Luis Omar Díaz-Vázquez, a.k.a. “Wiso”; Noel García-Marín, a.k.a. “Noelito”; Noel García-Rivera, a.k.a. “Tito Valentin”; Julio C. Rivera-Hernández; Carlos M. Pabón-López; Nicolás Loaces-Idelfonso, a.k.a. “Goldo Nicky”; José R. López-Rosario, a.k.a. “Cheo/Montana López”; Félix O. Pantojas-Arizmendi, a.k.a. “Fili”; Samuel Medina-Rosa, a.k.a. “Samy Melón”; Christopher Ceballo-Cepeda; Eduardo Barajas-Durán, a.k.a. “Leo/Neo”; FNU-LNU “Jessy”; FNU-LNU “Fredy”; Michael Ramírez-Torréns, a.k.a. “M”; Ismael Mailo-Silva; Samuel Encarnación-Nieves, a.k.a. “Chino”; Johnnell Rosario-Feliciano, a.k.a. “Lionel”; Joel Rodríguez-Meléndez; Gerald Hernández-Heredia; Victor Loperena-Méndez; María E. Medina-Rosa, a.k.a. “Enid”; José Manuel Rodríguez-Rodríguez, a.k.a. “Duait”; Carlos J. González-La Santa, a.k.a. “Jova”; Modesto Matos-Vizcarrondo, a.k.a. “Mode”; Edgardo Román-Rodríguez, a.k.a. “Galdo”; Nichirien Llanos-Figueroa, a.k.a. “Nichi”; Héctor Jesús Rondón, a.k.a. “Abayalde”; José De león-Lozada, a.k.a. “Pepón”; Deyanira Pérez-Rodríguez; Luis Felipe García-Ocasio, a.k.a. “Felo”; Joseph González, a.k.a. “Yopi”; Christabel M. Hernández-Núñez, a.k.a. “Gordita”; Abigail Quiñonez-Fuentes; Jacob Quiñones-Fuentes, a.k.a. “Acosta”; Geovanny Diarza-Flores, a.k.a. “El Veterano”; Lester Raffuci-Ojeda, a.k.a. “Lesty”; and Oswaldo Galindo-Zapien.
“These indictments and the arrests this morning are a significant victory in our efforts to combat drug trafficking, money laundering and violent crime,” said Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico. “We will continue to conduct investigations with our counterparts to dismantle these criminal organizations and to send a clear message that drugs, firearms, and violence will not be tolerated in our neighborhoods.”
Assistant U.S. Attorney Marc Chattah is in charge of the prosecution of the cases. If convicted the defendants face a minimum sentence of 10 years, and up to life in prison. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
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3 Men Charged in Cocaine Trafficking SchemeRead the Press Release
PITTSBURGH, Pa. – Two Miami, FL residents and a resident of Philadelphia, PA have been indicted by a federal grand jury in Pittsburgh on charges of conspiracy and possession with intent to distribute five kilograms or more of cocaine, United States Attorney Scott W. Brady announced today.
The two-count superseding indictment named Danny Jackson, age 32, of Philadelphia, PA; Sebastian Velasquez, age 28, of Miami, FL; and Moussa Jabateh, aka Shamarly Sackey, age 32, with addresses in Miami, FL and Philadelphia, PA.
According to the superseding indictment, Jackson, Velasquez, Jabateh, and others conspired to distribute five kilograms or more of cocaine from October 2017 through July 2018. The indictment also alleges that, on July 17, 2018, Jackson possessed five kilograms or more of cocaine with the intent to distribute it.
The law provides for a maximum total sentence of not less than 10 years and up to life imprisonment, a fine of up to $10,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Tonya Sulia Goodman is prosecuting this case on behalf of the government.
The investigation leading to the indictment in this case was jointly conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the Federal Bureau of Investigation Greater Pittsburgh Safe Streets Task Force, which includes the Pittsburgh Bureau of Police, the Allegheny County Sheriff’s Office, the Pennsylvania Attorney General’s Office, the Wilkinsburg Police Department, and the Allegheny County Adult Probation Office.
A superseding indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Wednesday 26 September 2018
Zuni Pueblo Man Pleads Guilty to Federal Assault and Voluntary Manslaughter ChargesRead the Press Release
ALBUQUERQUE – Vernon Poleahla, 34, an enrolled member and resident of Zuni Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to assault and voluntary manslaughter charges.
The FBI arrested Poleahla on May 3, 2018, charging him with killing one man and assaulting another man on Zuni Pueblo in McKinley County, N.M., on April 27, 2018. According to the complaint, Poleahla killed the first victim by stabbing him in the abdomen and assaulted the second victim by strangling him and stabbing him in the neck.
The Zuni Pueblo Tribal Police Department arrested Poleahla on tribal charges on April 27, 2018. Poheahla remained in tribal custody until he was arrested by FBI on May 3, 2018.
During today’s proceedings, Poleahla pled guilty to a felony information charging him with voluntary manslaughter and assault resulting in serious bodily injury. In entering the guilty plea, Poleahla admitted that on April 27, 2018, during an argument with one of the victims, he killed the first victim by stabbing him in the stomach. Poleahla also admitted assaulting the second victim by strangling and stabbing him in the neck. Poleahla acknowledged that the second victim became unconscious and suffered hypoxia and a four-centimeter laceration on his neck as the result of the assault.
At sentencing, Poleahla faces a statutory maximum penalty of 15 years in federal prison for the voluntary manslaughter charge and a maximum penalty of ten years in federal prison for the assault charge. He remains in federal custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the FBI and the Zuni Pueblo Tribal Police Department. Assistant U.S. Attorney Allison Jaros is prosecuting the case.
Zuni Pueblo Man Pleads Guilty to Child Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – Ernest Bewanika, 62, an enrolled member and resident of Zuni Pueblo, N.M., pled guilty yesterday afternoon in federal court in Albuquerque, N.M., to abusive sexual contact of a minor charges. Bewanika’s plea agreement recommends a prison sentence within the range of 180 to 240 months followed by a term of supervised release to be determined by the court. Bewanika also will be required to register as a sex offender.
Bewanika was arrested on April 3, 2018, on a two-count indictment charging him with sexually abusing a child under the age of 12 years on two occasions; the first time between Nov. 2014 and Nov. 2015, and the second time between Nov. 2015 and Jan. 2016. According to the indictment, Bewanika committed the offenses on the Zuni Pueblo in McKinley County, N.M.
During yesterday’s proceedings, Bewanika pled guilty to a felony information charging him with two counts of abusive sexual contact. In entering the guilty plea, Bewanika admitted that he engaged in sexual contact with the victim between Nov. 6, 2014 and Nov. 5, 2015, when the victim was seven-years-old. Bewanika further admitted that he engaged in sexual contact with the same victim between Nov. 6, 2015 and Jan. 31, 2016, when the victim was eight-years-old. Bewanika remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Zuni Pueblo Tribal Police Department. Assistant U.S. Attorney Elisa Dimas is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Woman Charged with Possession of Cocaine and MethamphetamineRead the Press Release
St. Louis – A woman traveling on Interstate 44 in Phelps County, Missouri, was charged in federal court for possessing with the intent to distribute methamphetamine and cocaine today in United States District Court in St. Louis.
Michel F. Garcia-Adame, 23, of Kentucky, was taken into custody yesterday after being pulled over for a traffic violation. After an officer of the Phelps County Sheriff’s Department approached the Toyota sedan, he was able to smell the odor of marijuana emanating from the vehicle. The officer asked Garcia-Adame for consent to search the trunk of her vehicle, which she provided. Upon gaining access to the trunk of the vehicle, the officer observed two black trash bags, one on either side of the trunk. Garcia-Adame also admitted to the officer that there was a small bundle in a black bag located in the foot well of the front passenger seat.
After the officer conducted a field test of the small bundle in a black bag which tested positive for cocaine and weighed in at approximately 568 gross grams of cocaine. The officers also removed 14 bundles from the black trash bags in the trunk which were wrapped entirely in clear plastic tape. The bundles contained slightly more than 45.75 pounds of crystal methamphetamine.
Garcia-Adame is charged with possession with the intent to distribute methamphetamine which carries a mandatory 10 years minimum and possession with intent to distribute cocaine carries up to 20 years. They are presumed to be innocent unless and until found guilty.
These charges are a result of a joint investigation between the St. Louis Division of the Drug Enforcement Administration and the Phelps County Sheriff’s Office.
Wilson Man Sentenced to 10 Years for Hobbs Act RobberyRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court, Senior United States District Judge W. Earl Britt sentenced MURDOCK RAEFORD SHERROD, 53, of Wilson, North Carolina to 120 months of imprisonment followed by 3 years of supervised release.
SHERROD was charged in an Indictment on March 7, 2018 with a Hobbs Act Robbery. On May 1, 2018, SHERROD pled guilty to the charge.
On January 25, 2018, the Wilson Police Department (WPD) received an alert of a robbery in progress at the Family Dollar Store in Wilson. Their investigation revealed that on January 25, 2018, SHERROD entered the Family Dollar store wearing a hospital-type mask over his face. He walked to the sales register, picked up a bag of chips, and placed it on the counter. The store clerk then rang the item up for sale. When the register opened, SHERROD demanded $300. The clerk pulled out all the money in the drawer and placed it on the counter. SHERROD then demanded the money that was underneath the drawer; however, the clerk informed SHERROD there was no money under the drawer. While this was transpiring, the clerk was screaming and attempting to dial 911 on her cell phone. SHERROD demanded the cell phone, which the clerk handed to him. SHERROD kept one of his hands concealed, leading the clerk to believe SHERROD was armed. Video surveillance further showed SHERROD making motions with his right hand inside his jacket pocket, which appeared as if SHERROD was concealing a weapon. After realizing there was no money under the drawer, SHERROD took the $89 that the clerk placed on the counter and quickly walked toward the exit door, dropping the cell phone, and knocking the door off its rail. A second store clerk present in the store, heard the other clerk yell for help and sounded the security alarm. Following his arrest, SHERROD was interviewed by a WPD detective where he admitted to committing the Family Dollar robbery.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
In support of PSN, the United States Attorney’s Office for the Eastern District of North Carolina has implemented the Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Wilson Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the criminal investigation of this case. Assistant United States Attorney James J. Kurosad handled the prosecution of this case for the government.
White River Man Sentenced for Passing Counterfeit $20 BillsRead the Press Release
United States Attorney Ron Parsons announced that a White River, South Dakota, man convicted of Passing Counterfeit Obligations of the United States was sentenced on September 24, 2018, by U.S. District Judge Roberto A. Lange.
Gabriel Angelo May, age 38, was sentenced to time served equal to approximately six months in federal prison, 2 years of supervised release, restitution in the amount of $40, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
May was indicted by a federal grand jury on April 17, 2018. He pled guilty on July 10, 2018.
The conviction stemmed from an incident that occurred on March 15, 2018, wherein May knowingly passed two counterfeit $20 bills at the Blue Goose Sports Pub in Onida, South Dakota. An employee subsequently recognized the bills as counterfeit and called law enforcement.
This case was investigated by the U.S. Secret Service, the South Dakota Division of Criminal Investigation, the Sully County Sheriff’s Office, and the Hughes County Sheriff’s Office. Supervisory Assistant U.S. Attorney Tim Maher prosecuted the case.
White House Drug Policy Office names Mineral County as one of seven areas to receive federal support for combating drug traffickingRead the Press Release
MARTINSBURG, WEST VIRGINIA — United States Attorney Bill Powell is proud to announce that Mineral County is now designated as a High Intensity Drug Trafficking Area, providing much-needed funding and support to the county for the fight against drug trafficking.
“Mineral County is just one of the counties in our district that is seeing increased drug trafficking and its effects on its residents. This HIDTA designation will provide law enforcement more funding and resources so we can more effectively and efficiently address drug trafficking in Mineral County through our task force operations,” said Powell.
Mineral County is the ninth county in the Northern District of West Virginia to receive the HIDTA designation. Brooke, Hancock, Harrison, Marshall, Monongalia, and Ohio Counties are HIDTA-designated counties within Appalachia HIDTA. Berkeley and Jefferson Counties are HIDTA-designated counties within the Washington/Baltimore HIDTA.
James Carroll, Deputy Director of the Office of National Drug Control Policy, announced the designation of 10 new areas across Kentucky, New Jersey, North Carolina, Ohio, Pennsylvania, South Carolina, and West Virginia as High Intensity Drug Trafficking Areas (HIDTAs) this week.
This designation enables the 10 areas to receive Federal resources to further the coordination and development of drug control efforts among Federal, State, local, and tribal law enforcement officers, and allows local agencies to benefit from ongoing HIDTA initiatives that are working to reduce drug trafficking across the United States.
The newly-designated areas are:
• Allegheny, Beaver, and Washington Counties in Pennsylvania as part of the Ohio HIDTA
• Atlantic County in New Jersey as part of the Liberty Mid-Atlantic HIDTA
• Butler County in Ohio as part of the Ohio HIDTA
• Charleston County in South Carolina and the Eastern Band of Cherokee Indian Reservation in North Carolina as part of the Atlanta/Carolinas HIDTA
• Mineral County in West Virginia as part of the Washington/Baltimore HIDTA
• Montgomery and Powell Counties in Kentucky as part of the Appalachia HIDTA
“Drug traffickers are fueling the opioid crisis and poisoning our communities, so we have to be relentless in bringing them to justice,” Carroll said. “This new funding will allow law enforcement to disrupt trafficking operations in key areas so we can save lives, strengthen our communities, and safeguard our country.”
The HIDTA program was created in 1988 and serves as a catalyst for coordination among Federal, State, local, and tribal law enforcement agencies operating in areas determined to be critical drug trafficking regions. Law enforcement organizations working within HIDTAs assess drug-trafficking problems and design specific initiatives to decrease the production, transportation, and distribution of drugs. There are 29 HIDTAs located in 50 states, as well as in Puerto Rico, the U.S. Virgin Islands, and the District of Columbia.
For more information on the White House Office of National Drug Control Policy, go to WhiteHouse.gov/ONDCP.
U.S. Trustee Program Files Objection to the Appointment of the Debtor’s Proposed Future Claimants’ Representative for Future Asbestos Claimants in Duro Dyne National Corp., No. 18-27963 (Bankr. D.N.J.)Read the Press Release
Today—for the first time—the Justice Department’s U.S. Trustee Program (USTP) filed an objection to a debtor company’s proposed candidate for appointment as the Future Claimants’ Representative (FCR) in a case involving an asbestos bankruptcy trust. An FCR is appointed to represent the possible future interests of individuals who are not yet, but may become, sick from exposure to asbestos from a company’s operations. The interests of future claimants can be adverse to the interests of current claimants who are paid first and may deplete trust funds available to pay to future claimants.
In the objection filed in the Duro Dyne case, the USTP asserts that the candidate’s apparent conflicts of interest and close connections with lawyers representing current claimants may compromise his independence in serving as the FCR. The proposed FCR was selected by the plaintiffs’ and debtors’ lawyers under a pre-negotiated trust plan that lacks protections against fraudulent claims (allowing depletion of the trust funds), but that provides the FCR with a long-term position that will continue long after confirmation of a bankruptcy plan. The USTP seeks further discovery to determine if the apparent conflicts and connections are disqualifying.
According to Principal Deputy Associate Attorney General Jesse Panuccio, “In recent years, evidence has emerged that asbestos trusts lack the transparency and rigorous auditing necessary to prevent fraud, waste, and abuse. To best protect all victims, those appointed in asbestos cases should be held to the same conflicts prohibitions and standards of independence that are required of other fiduciaries appointed under the Bankruptcy Code.”
The U.S. Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. The Program has 21 regions and 92 field office locations. Learn more on the Program at: https://www.justice.gov/ust.
U.S. Attorney’s Office Hosts Roundtable on Sexual Harassment in HousingRead the Press Release
PHILADELPHIA, PA – United States Attorney William M. McSwain announced that his Office, along with the United States Justice Department’s Civil Rights Division, hosted a roundtable today for community organizations to discuss the problem of sexual harassment in housing. The event hosted organizations who routinely work with vulnerable populations most likely to become victims of sexual harassment in housing: local law enforcement agencies, legal aid offices, fair housing organizations, shelters, and transitional housing providers.
The Department of Justice enforces the federal Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Sexual harassment is a form of sex discrimination prohibited by the Act.
While most people are familiar with the problem of sexual harassment in the workplace, harassment also occurs in housing, and the Fair Housing Act prohibits it. The Justice Department brings cases each year involving various illegal conduct, including allegations that defendants have exposed themselves sexually to current or prospective tenants, requested sexual favors in exchange for reduced rents or making necessary repairs, made unrelenting and unwanted sexual advances to tenants, and evicted tenants who resisted their sexual overtures. Many instances of sexual harassment in housing continue to go unreported. The Justice Department’s investigations frequently uncover sexual harassment that has been ongoing for years or decades and identify numerous victims who never reported the conduct to federal authorities.
“Sexual harassment in housing is often underreported, but it is an egregious violation of a person’s right to fair housing under federal law,” U.S. Attorney McSwain said. “Landlords, superintendents, and others exploiting the power they have over tenants is intolerable. Our Office is dedicated to uncovering such violations where they exist and vigorously enforcing the law. We are working closely with the Civil Rights Division to spread the word about options to help victims who currently are experiencing sexual harassment in housing or who have experienced it in the past,” continued U.S. Attorney McSwain. “Roundtable discussions like the one we hosted today are an important way to increase awareness, share information, and build strong partnerships in the community to combat this problem together.”
Community organizations, such as local law enforcement, legal aid offices, fair housing organizations, shelters, and transitional housing providers can identify the misconduct and encourage victims to report sexual harassment to the Civil Rights Division and the U.S. Attorney’s Office. Local police departments or legal aid offices may also be able to help victims if the behavior is a crime or if there is an imminent eviction.
The Department encourages anyone who has experienced sexual harassment in housing, or knows someone who has, to contact the Division by calling (844) 380-6178 or emailing [email protected]. Individuals who believe they may have been victims of discrimination may also file a complaint with the U.S. Attorney’s Office at 615 Chestnut Street, Suite 1250, Philadelphia, PA 19106, ATTN: Jacqueline C. Romero, Civil Rights Coordinator.
Tyler County residents sentenced for roles in a drug distribution operation in Wetzel and Tyler CountiesRead the Press Release
WHEELING, WEST VIRGINIA – Miranda Stewart and Michael Shawn Hartline, both of Sistersville, West Virginia, were sentenced today for their roles in a methamphetamine, cocaine, and heroin distribution operation that spanned multiple states, United States Attorney Bill Powell announced.
Stewart, age 23, was sentenced today to 70 months incarceration. She pled guilty to one count of “Conspiracy to Distribute and Possess with the Intent to Distribute Controlled Substances” in July 2018. Stewart admitted to conspiring with others to distribute methamphetamine, heroin, cocaine, and cocaine base from 2016 to April 2018 in Wetzel County, parts of the southern district of West Virginia, Ohio, and Georgia.
Hartline, age 34, was sentenced today to 30 months incarceration. He pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Methamphetamine” in July 2018. Hartline admitted to distributing crystal methamphetamine in Tyler County in November 2017.
Assistant U.S. Attorneys Robert H. McWilliams, Jr., and Shawn M. Adkins prosecuted the cases on behalf of the government. The Drug Enforcement Administration; the Bureau of Alcohol; Tobacco, Firearms, and Explosives; the Marshall County Drug and Violent Crimes Task Force, a HIDTA-funded initiative; the West Virginia State Police; the Tyler County Sheriff’s Office; the Wetzel County Sheriff’s Office; the Sistersville Police Department; the Paden City Police Department; and the New Martinsville Police Department investigated. The Columbus, Ohio, Police Department Gang Crimes Unit assisted in the case.
The investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Senior U.S. District Judge Frederick P. Stamp, Jr., presided.
Two from Cleveland indicted on firearms chargesRead the Press Release
Two men from Cleveland were indicted on federal firearms charges.
Rondel P. Wylie, 37, was indicted on one count of being a felon in possession of a firearm and ammunition. Wylie on Aug. 16 possessed a Kimber .45-caliber pistol and ammunition, despite previous convictions for aggravated assault, domestic violence and drug trafficking, according to the indictment.
Raven Mullins, 29, was indicted on one count of being a felon in possession of a firearm and ammunition. Mullins on July 27 possessed a Lorcin .380-caliber pistol and ammunition, despite previous convictions for attempted felonious assault and robbery, according to the indictment.
Assistant U.S. Attorneys Brian S. Deckert and Kelly Galvin are prosecuting the cases following investigations by the Bureau of Alcohol, Tobacco and Firearms and the Cleveland Division of Police.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Two Valparaiso Residents Charged with Tax OffensesRead the Press Release
Hammond – Robert Timothy Wilson, 55, and Shelly Wilson, 53, of Valparaiso, Indiana have been charged with conspiracy to commit tax evasion, tax evasion, and failure to file tax returns, announced U.S. Attorney Kirsch.
According to court documents, between on or about January 2008 and continuing through on or about April 2015, the Wilsons, owners and officers of Anchor Health Systems, Inc., conspired to evade paying taxes. They also failed to file some required tax returns.
The United States Attorney’s Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
The case was the result of an investigation by the Internal Revenue Service-Criminal Investigation Division and is being prosecuted by Assistant United States Attorney Toi Denise Houston.
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Two Austin Men Among Eight Individuals Indicted by a Federal Grand Jury for Their Roles in Fraudulent “Sweepstakes” and Tax Refund SchemesRead the Press Release
A federal grand jury indictment unsealed in Austin charges Austin residents Joel Calvin and Clarence Barefield along with seven other individuals for their roles in an estimated $250 million intended-loss fraudulent “sweepstakes” scheme and an estimated $25 million intended-loss income tax refund scheme.
That announcement was made today by U.S. Attorney John F. Bash; Special Agent in Charge Richard D. Goss, Internal Revenue Service-Criminal Investigation (IRS-CI), Houston Field Office; Special Agent in Charge Shane Folden, Homeland Security Investigations (HSI), San Antonio; and, Inspector in Charge Adrian Gonzalez, U.S. Postal Inspection Service (USPIS), Houston Division.
In addition to Calvin, age 31, and Barefield (aka CJ), age 40, the indictment charges Mesquite, TX, resident Donna Lundy, age 54; Nigerian citizens and Canadian residents Harry Cole (aka Akintomide Ayoola Bolu, aka John King, aka Big Bro, aka Egbon), age 48; Emmanuel Olawle Ajayi (aka Wale, aka Walata), age 41; Tony Dada Akinbobola (aka Lawrence D Awoniyi, aka Boss Tony, aka Toyin), age 47; Bolaji Akinwunmi Oyewole (aka BJ, aka Beejay), age 31; and, Nigerian citizen and Indianapolis, IN, resident Akintola Akinmadeyemi, age 54. All eight are charged with one count of conspiracy to commit wire fraud (Sweepstakes) and one count of conspiracy to commit money laundering. Emmanuel Ajayi also faces a second conspiracy-to-commit-wire-fraud charge (Stolen Identity Refund Fraud) and an aggravated identity theft charge. Lundy also faces one substantive count of wire fraud.
According to the indictment, the defendants carried out their sweepstakes scheme from 2012 to 2016. Charging $1 per name, Lundy collected over $700,000 by selling lists of elderly potential victims and their addresses to Cole in Canada. Cole and others conspirators based in the Toronto, Ontario Canada metropolitan area sent packages containing fraudulent sweepstakes information to conspirators residing in the U.S. The packages contained thousands of mailers, which U.S.-based conspirators sent to victims notifying them that they had won a sweepstakes. Each mailer included a fraudulent check issued in the name of the victim, typically in the amount of $8,000, and a pre-addressed envelope. Victims were instructed to deposit the check into his/her bank account, immediately withdraw between $5,000 and $7,000 dollars in cash or money orders and send the money to a “sweepstakes representative” to facilitate the victim collecting her or her prize. By the time the victim was notified by the bank that the deposited check was fraudulent, the cash or money order had been sent by the victim and received by the defendants or conspirators. The intended loss from this scheme was $250 million, with an actual loss of more than $900,000.
The indictment also alleges that from June 2015 through June 2016, Emmanuel Ajayi led a SIRF scheme in which over 1,200 fraudulent Income Tax Returns were filed using stolen Personal Identifying Information (PII) requesting $25 million in tax refunds. Ajayi used bank accounts involved in the sweepstakes scheme to receive refunds and funnel the money to conspirators in the U.S. An IRS analysis determined that this scheme resulted in the actual loss of approximately $3.4 million paid from the U.S. Treasury.
In order to acquire the money generated by the Sweepstakes and SIRF schemes, the conspirators operated a money laundering conspiracy in the U.S. That conspiracy employed knowing and unknowing participants to conduct financial transactions with the goals of moving the proceeds from both fraudulent schemes outside of the U.S. without detection by law enforcement.
Federal authorities arrested Calvin in Austin yesterday. Barefield is currently in state custody on an unrelated matter. Federal authorities arrested Akinmadeyemi in Indianapolis, IN, yesterday. He remains in federal custody awaiting transfer to the Austin Division of the Western District of Texas. Canadian authorities arrested Cole and Akinbobola in Canada yesterday pursuant to a provisional arrest warrant issued by a Canadian court. Both remain in Canada pending an extradition request by the U.S. Lundy has agreed to turn herself in to authorities. The whereabouts of Ajayi and Oyewole are unknown. Ajayi and Oyewole are considered fugitives.
Aggravated identity theft calls for a mandatory two years imprisonment upon conviction. Each of the remaining charges call for up to 20 years in federal prison upon conviction.
This indictment resulted from a continuing investigation by IRS-CI, HSI, and USPIS. The U.S. Marshals Service, the Office of International Affairs at the Department of Justice and the Toronto Police Service provided valuable assistance with yesterday’s arrests. Assistant United States Attorney Michael Galdo is prosecuting this case on behalf of the Government.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
Three illegal aliens sentenced for re-entering the United States after previous deportationsRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced that three illegal aliens from Guatemala were sentenced Tuesday for re-entering the United States after having been previously removed.
Denis Izara-Rivera, 25; Margarito Hernandez-Izara, 27; and Marvin Lopez-Lopez, 25; all of Guatemala, were sentenced to time served by U.S. District Judge Elizabeth E. Foote on one count of illegal re-entry of a removed alien. They are also to be deported after they are turned over to immigration agents. According to the guilty pleas, Sabine Parish Sheriff’s deputies arrested the defendants who were all riding together on August 19, 2018 near Many, Louisiana.
After further investigation, law enforcement agents discovered that:
Izara-Rivera had been previously removed twice. He was first arrested on September 26, 2013 in McAllen, Texas, and removed to Guatemala. After that, he was arrested once more on October 26, 2013 and removed again to Guatemala;
Hernande-Izara had been previously removed once. He was found on May 26, 2011 in Phoenix, Arizona, and later removed to Guatemala; and
Marvin Lopez-Lopez had been previously removed once. He was found on December 11, 2014 in Phoenix, Arizona, and later removed to Guatemala.
United States Border Patrol and the Sabine Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Seth D. Reeg prosecuted the case.
Three admit guilt in cocaine distribution operationRead the Press Release
MARTINSBURG, WEST VIRGINIA – A confirmed MS-13 gang member and two Martinsburg men have admitted to their involvement with a multi-state drug trafficking operation, United States Attorney Bill Powell announced.
Miguel Angel Cruz-Polanco, a confirmed MS-13 gang member and a citizen of El Salvador, pled guilty to one count of “Aiding and Abetting the Distribution of Cocaine” and one count of “Reentry of a Removed Alien.” Cruz-Polanco, age 34, admitted to selling cocaine in Berkeley County in October 2016, as well as reentering the county illegally.
Kenneth Biermann-Ruz, of Martinsburg, West Virginia, age 29, pled guilty to one count of “Aiding and Abetting the Distribution of Cocaine.” Biermann-Ruz admitted to selling cocaine in Berkeley County in October 2016.
Adam Bensaid, of Martinsburg, West Virginia, age 20, pled guilty to one count of “Aiding and Abetting the Distribution of Cocaine.” Bensaid admitted to selling cocaine in Berkeley County in January 2017.
Cruz-Polanco, Biermann-Ruz, and Bensaid each face up to 20 years incarceration and a fine of up to $1,000,000 for the drug charge. Cruz-Polanco faces up to 20 years incarceration and a fine of up to $250,000 for the reentry charge. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Shawn M. Adkins and Lara K. Omps-Botteicher are prosecuting the cases on behalf of the government. The U.S. Attorney’s Office of the Western District of Virginia assisted. The investigation is led by the Drug Enforcement Administration, the Federal Bureau of Investigation, Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Marshals Service, the Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative, the Potomac Highlands Drug & Violent Crimes Task Force, the Northwest Virginia Regional Drug & Gang Task Force , the West Virginia State Police, the Virginia State Police, the Berkeley County Sheriff’s Office, the Jefferson County Sheriff’s Office, the Martinsburg Police Department, the Charles Town Police Department, and the Ranson Police Department. Other agencies assisting in the investigation are the Winchester City Police Department; and Frederick County, Virginia Sheriff’s Office; Pittsylvania County; Virginia Sheriff’s Office; and the Henry County, Virginia, Sheriff’s Office.
The investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Magistrate Judge Robert W. Trumble presided.
Three St. Croix Men Indicted after Home Invasion and CarjackingRead the Press Release
St. Croix, USVI –One man was detained and two are scheduled to appear in District Court on September 27, 2018 for detention hearings after they were arrested and charged in connection with a home invasion and carjacking on St. Croix, United States Attorney Gretchen C.F. Shappert announced. Luis Davis, 30, Chriss Cepeda, 22, and Joel Rivera, 33, all of St. Croix, were arraigned in the District Court on St. Croix on September 24, 2018.
According to court documents, in the early morning hours of September 10, 2017, the three men allegedly broke into the residence of Stephen O’Dea and Kathryn Duncan, pistol whipped Stephen O’Dea, kidnapped the two residents, and stole cash, cell phones, and vehicles.
The indictment against the three men charges the following:
Count I: Using a Firearm during Violent Crime (not less than 7 years);
Count II: Burglary in the First Degree (not less than 30 years);
Count III: Home Invasion (not less than 15 nor more than 20 years);
Count IV: Assault in the First Degree (not more than 15 years);
Count V: Carjacking (not more than 15 years);
Count VI: Kidnapping (not less than 1 nor more than 20 years);
Count VII: Kidnapping (not less than 1 nor more than 20 years);
Count VIII: Robbery in the First Degree (not more than 20 years);
Count IX: Unauthorized Possession of a Firearm (not less than 15 nor more than 20 years);
Count X: Unauthorized Possession of a Firearm (not less than 15 nor more than 20 years);
Davis also faces an additional count:
Count XI: Felon in Possession of Firearm (not more than 10 years).
United States Attorney Shappert reminds the public that an indictment is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
The case was investigated by the Virgin Islands Police Department and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Daniel H. Huston.
Three Rockford-Area Men Charged in Child Pornography IndictmentsRead the Press Release
ROCKFORD — Three Rockford-area men were indicted Tuesday in separate cases by a federal grand jury in Rockford on child pornography charges.
DAVID WITTWER, 48, of South Beloit, was charged with one count of transporting child pornography via the internet in February 2016, and one count of possessing a computer and cell phone in April 2017 containing an image of child pornography involving a prepubescent minor and a minor who had not attained 12 years of age.
DONOVAN HEIDENREICH, 23, of Rockford, was charged with two counts of transporting child pornography via the internet in May and September of 2017, and one count of possessing a computer in November 2017 containing an image of child pornography involving a prepubescent minor and a minor who had not attained 12 years of age.
OSCAR FLORES-VAZQUEZ, 47, of Byron, was charged with one count of transporting child pornography via the internet in June 2018, and one count of possessing a computer in August 2018 containing an image of child pornography involving a prepubescent minor and a minor who had not attained 12 years of age.
John R. Lausch, Jr., United States Attorney for the Northern District of Illinois, announced the Wittwer case with James M. Gibbons, Special Agent-in-Charge of the Chicago office of the U.S. Department of Homeland Security – Homeland Security Investigations; and the Heidenreich and Flores-Vazquez cases with Jeffrey S. Sallet, Special Agent-in-Charge of the Federal Bureau of Investigation in Chicago. The government is represented by Assistant U.S. Attorney Michael D. Love.
The Wittwer investigation was conducted by the U.S. Department of Homeland Security – Homeland Security Investigations, with the assistance of the South Beloit Police Department and the Winnebago County Sheriff’s Office. The Heidenreich and Flores-Vazquez cases were investigated by the FBI.
Each count of transporting child pornography carries a mandatory minimum sentence of five years and a maximum of 20 years in prison, while possessing child pornography carries a maximum of ten years in prison. Each count carries a $250,000 maximum fine. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory United States Sentencing Guidelines.
The public is reminded that an indictment contains only charges and is not evidence of guilt. Each defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Three Eagle Butte Men Sentenced for Larceny and Aiding and AbettingRead the Press Release
United States Attorney Ron Parsons announced that two Eagle Butte, South Dakota, men convicted of Larceny and Aiding and Abetting, and one man convicted of Misprision of a Felony have been sentenced by U.S. District Judge Roberto A. Lange.
Kolby Longbrake, age 25, was sentenced on September 18, 2018, to 4 months in federal prison, 2 years of supervised release, and $6,268.35 in restitution. Kelen Gesinger, age 29, was sentenced on February 20, 2018, to time served, 2 years supervised release, and restitution in the amount of $5,000.85. Matthew Houston, age 22, was sentenced on April 2, 2018, to 5 months in federal prison, 1 year supervised release, and restitution in the amount of $5,000.85. All three men were also required to pay a special assessment to the Federal Crime Victims Fund in the amount of $100 each.
All three men were indicted by a federal grand jury on June 14, 2017. Longbrake pled guilty on June 27, 2018, Houston plead guilty on January 27, 2018, and Gesinger plead guilty on November 27, 2017.
The conviction stemmed from an incident on March 11, 2016, when an individual dropped their trailer off at Dakota Weld and Machine in Black Hawk, South Dakota. Over that weekend the trailer, which valued at $8,000, was stolen by an individual. A few weeks later on April 23, 2016, the individual who stole the trailer asked for the help of Longbrake to get rid of it. Longbrake, knowing that the trailer had been stolen, agreed to help. Gesinger and Houston, who also knew the trailer was stolen, then took the trailer and brought it to Longbrake’s residence.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
All three were immediately turned over to the custody of the U.S. Marshals Service.
Tahlequah Man Sentenced to Six Years for Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Trent Shores announced that Jason Allen Lay, 43, of Tahlequah, Oklahoma, was sentenced on Monday to six years in prison for possessing with intent to distribute one pound of methamphetamine.
Lay was arrested on September 18, 2017, in Mayes County after an officer with the Grand River Dam Authority observed a vehicle pulling a trailer with a flat tire creating a traffic hazard on Highway 412. During the stop, the officer determined that Lay had outstanding arrest warrants and subsequently discovered the methamphetamine in the vehicle during a search.
“Methamphetamine continues to be a destructive force in northeastern Oklahoma. It tears families apart and destroys lives. Drug dealers like Jason Allen Lay must be stopped,” said U.S. Attorney Trent Shores.
Lay was sentenced in United States District Court by Chief United States District Judge Greggory K. Frizzell. He faced a maximum sentence of 40 years in prison and a $5 million dollar fine.
Multiple agencies were involved in the investigation, including the Drug Enforcement Administration, the Grand River Dam Authority, the Oklahoma Highway Patrol, and the Mayes County District Attorney’s Office. Assistant U.S. Attorney Joe Wilson prosecuted the case.
St. Augustine Man Sentenced to Eight Years for Selling Crack CocaineRead the Press Release
Jacksonville, Florida – U.S. District Judge Henry L. Adams has sentenced James Ray Crooms (49, St. Augustine) to eight years in federal prison for selling cocaine base, also known as “crack” cocaine. Crooms was also sentenced to two years’ imprisonment, to run concurrent with his eight-year sentence, for violating his federal supervision by selling the crack. He had pleaded guilty on March 22, 2018.
According to court documents, on August 31, 2017, a confidential informant made a controlled purchase of .4 grams of crack cocaine from Crooms in St. Augustine. On November 29, 2017, an undercover detective with the St. Johns County Sheriff’s Office made a second controlled purchase of .5 grams of crack from Crooms. At the time of the sales, Crooms was on federal supervised release for a previous federal conviction for selling crack cocaine.
This case was investigated by the St. Johns County Sheriff’s Office and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Laura Cofer Taylor.
Springfield Man Sentenced to Prison for Role in ATM "Jackpotting" SchemeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ARGENYS RODRIGUEZ, 22, of Springfield, Massachusetts, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 12 months and one day of imprisonment, followed by two years of supervised release, for his role in an ATM “jackpotting” scheme.
According to court documents and statements made in court, the matters stems from investigation into malware attacks on ATM machines in Connecticut and elsewhere. In a scheme commonly referred to as “jackpotting,” individuals use malware that is designed to cause an ATM to eject all of the U.S. currency contained in the machine. As part of the scheme, individuals dressed as legitimate repair technicians install malware on an ATM. Other individuals then proceed to extract all of the cash from the ATM.
On January 27, 2018, Citizens Bank investigators contacted police after they observed what appeared to be a jackpotting attack on an ATM in Cromwell. On that date, Cromwell Police encountered RODRIGUEZ and Alex Alberto Fajin-Diaz near an ATM that had been compromised with malware and was in the process of dispensing $20 bills. A search of RODRIGUEZ and Fajin-Diaz’s vehicle revealed tools and electronic devices consistent with items needed to compromise an ATM machine to dispense its cash contents. RODRIGUEZ and Fajin-Diaz were found in possession of approximately $5,600 in cash, but the investigation revealed that a total of $63,200 was taken from the ATM on that date.
The investigation further revealed that, on January 22, 2018, RODRIGUEZ, Fajin-Diaz and others illegally obtained $63,820 from a Citizens Bank ATM in Rhode Island.
Judge Bryant ordered RODRIGUEZ to pay restitution in the amount of $121,355.38.
On June 18, 2018, RODRIGUEZ pleaded guilty to one count of conspiracy to commit bank fraud.
RODRIGUEZ, who is released on a $250,000 bond, was ordered to report to prison on November 26, 2018.
Fajin-Diaz, a citizen of Spain, pleaded guilty to the same charge on June 12, 2018, and awaits sentencing. He has been detained since his arrest on January 27.
This investigation is being conducted by the Connecticut Financial Crimes Task Force, U.S. Secret Service, Connecticut State Police, Chief State’s Attorney’s Office, Middlesex State’s Attorney’s Office, Cromwell Police Department, Middletown Police Department and Greenwich Police Department. The case is being prosecuted by Assistant U.S. Attorney Ray Miller.
Southeastern Connecticut Doctor Pays $99,912 to Settle Allegations under the False Claims ActRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that HELAR CAMPOS, MD, a physician with a practice in New London and Norwich, has entered into a civil settlement with the government in which he will pay $99,912 to resolve allegations that he violated the False Claims Act.
The allegations against CAMPOS involve fraudulent billing to Medicare and Medicaid for evaluation and management (“E&M”) services, commonly referred to as physician office visits. The government alleges that CAMPOS submitted claims to Medicare and Medicaid for E&M services that were not performed in accordance with program requirements. The government alleges that CAMPOS “upcoded” certain office visit services, submitting claims to Medicare and Medicaid by using a higher-paying billing code when services with lower-paying billing codes were actually provided. Specifically, the government alleges that CAMPOS submitted claims for E&M services under CPT code 99214 when he should have submitted the claims under CPT code 99213 or 99212, which are less complex services, reimbursed at a lower rate.
To resolve his liability under the False Claims Act, CAMPOS will pay $99,912 to reimburse the Medicare and Medicaid programs for conduct occurring from January 1, 2009, through December 31, 2012.
Under the False Claims Act, the government can recover up to three times its actual damages, plus penalties of $11,181 to $22,363 for each false claim.
This case was investigated by the Office of Inspector General for the Department of Health and Human Services. The case was prosecuted by Assistant U.S. Attorney Anne F. Thidemann with the assistance of Auditor Kevin A. Saunders.
U.S. Attorney Durham encouraged individuals who suspect health care fraud to report it by calling the Health Care Fraud Task Force (203) 785-9270 or 1-800-HHS-TIPS.
Shreveport man pleads guilty to using counterfeit $100 bills to buy carRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced that a Shreveport man pleaded guilty Tuesday to using counterfeit cash to buy a car.
Tyler B. Jilg, 33, of Shreveport, Louisiana, pleaded guilty before U.S. Magistrate Judge Mark L. Hornsby to one count of passing or uttering counterfeit obligations or securities. The plea will become final when accepted by U.S. District Judge Elizabeth E. Foote. According to the guilty plea, Shreveport Police saw a reportedly stolen black Lexus parked in front of a house on March 24, 2018. Two days before, Sarah McClain, 22, also of Shreveport, reported her ex-boyfriend, Tyler Jilg, had stolen her black Lexus. After investigating, Shreveport Police determined that Jilg and McClain bought the car from another person using 58 counterfeit $100 bills. The owner realized sometime after the transaction the money was counterfeit and tried to make contact with the defendants, but they ignored him. After his arrest, Jilg admitted to passing the counterfeit money to the car owner.
Jilg faces up to 20 years in prison, three years of supervised release and a $250,000 fine. The court set sentencing for January 9, 2019. McClain also pleaded guilty to the same count as Jilg on September 5, 2018. The court set McClain’s sentencing date for December 12, 2018.
The U.S. Secret Service and the Shreveport Police Department conducted the investigation. Assistant U.S. Attorney Mike O’Mara is prosecuting the case.
Seafood Processor Pleads Guilty to Selling Foreign Crab Meat Falsely Labeled as Blue Crab from USARead the Press Release
James R. Casey of Poquoson, Virginia, pleaded guilty today in federal court in Newport News, Virginia, on charges that he led a lucrative conspiracy to falsely label millions of dollars worth of foreign crab meat as “Product of USA,” announced Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division and G. Zachary Terwilliger, the United States Attorney for the Eastern District of Virginia.
“Blue crabs are a classic American seafood product and a vital resource for coastal communities in Virginia, Maryland, North Carolina, and other parts of the United States,” said Acting Assistant Attorney General Jeffrey H. Wood. “As a nation, we invest tremendously in the management of Atlantic blue crab populations and other marine resources, and those efforts – along with the jobs of American seafood workers – are placed at risk by frauds like the one exposed in this case. The Department of Justice, under the leadership of Attorney General Jeff Sessions, will continue to take action to enforce the law and to protect the economic competiveness of American products and the safety of American consumers.”
“Mr. Casey conspired to replace Atlantic Blue Crab with crab meat from Indonesia, China, Thailand, Vietnam, and Central and South America,” said U.S Attorney G. Zachary Terwilliger for the Eastern District of Virginia. “Casey falsely labeled nearly 400,000 pounds of crab meat with a retail value in the millions of dollars. This fraud causes real financial harm to economies here in the region, and threatens to tarnish the good name of the waterman who have worked these waters for generations. We are committed to working with our federal and state partners to ensure compliance with the Lacey Act, and to enforce our nation’s environmental laws that are in place to protect consumers from similar fraud schemes.”
"Seafood fraud undermines the economic viability of U.S. and global fisheries, deceives consumers, and threatens the health of those who consume tainted or misidentified seafood products," said James Landon, Director of NOAA's Office of Law Enforcement. "This case underscores the efforts taken by federal law enforcement to strengthen seafood fraud detection throughout the supply chain, and our continued commitment to diligently work to safeguard the industry and consumers."
Casey was the owner and President of Casey’s Seafood Inc., a wholesale processor of crab meat and other seafood. He pleaded guilty to conspiring with others to substitute foreign crab meat for Atlantic blue crab and, as part of the plea, admitted to falsely labeling more than 183 tons of crab meat, which was then sold to grocery stores and independent retailers.
A significant decline in Atlantic blue crab (Callinectes sapidus) harvests that began in 2010 made it increasingly expensive to purchase live Atlantic blue crab and increasingly difficult to profit from the labor-intensive process of picking meat from live-harvested blue crab. As part of his guilty plea, Casey admitted that, because of this decline, he and his company could not and did not process sufficient quantities of Atlantic blue crab to meet customer demands. To make up the shortfall, the co-conspirators used foreign crab meat to fulfill customer orders. During the periods when the company did not process blue crab—which sometimes lasted three months—the co-conspirators purchased crab meat (not live crabs) from Indonesia, China, Thailand, Vietnam, and other foreign locales.
The crab meat from Indonesia, China, Thailand, and Vietnam included meat from Portunus pelagicus, Portunus haanii, and Ovalipes punctatus, which are all Indo-West Pacific species of crab that do not live in the continental waters of the United States. The company also purchased crab meat (not live crabs) from Central American sources, which did include Atlantic blue crab, Callinectes sapidus, but also included other species such as Callinectes bocourti, Callinectes bellicosis, Callinectes toxotes, and Callinectes arcuatus.
As part of the guilty plea, Casey further admitted that beginning at least as early as 2010, and continuing through June 17, 2015, he directed company employees to unpack foreign crab meat from his suppliers’ containers, comingle it with domestic blue crab and/or other types of crab, and re-pack that crab meat into Casey’s Seafood containers, all of which were labeled “Product of USA.”
As part of the plea, Casey admitted that part of the conspiracy was to purchase discounted foreign crab meat, some of which was referred to as “distressed” because it was approaching or beyond its posted “best used by” dates. Casey admitted to directing company employees to “re-condition” the “distressed” crab meat by re-pasteurizing it, and then packaging the “re-conditioned” meat into the company’s containers, which were labeled and sold as blue crab and “Product of USA.” Casey also directed employees to place labels with “Product of USA” on containers that concealed labels marked as “Product of China” and “Product of Brazil.”
This case was part of an ongoing effort by the Department of Commerce’s National Oceanic and Atmospheric Administration Office of Law Enforcement, in coordination with the Food and Drug Administration, Department of Homeland Security, The Virginia Marine Police, and the Department of Justice to detect, deter, and prosecute those engaged in the false labeling of crab meat.
The guilty plea took place before U.S. District Court Judge Raymond A. Jackson in Newport News. Sentencing will take place on January 9, 2019. The maximum sentence for conspiracy to falsely label crab meat is five years in prison and a fine of up to half the gross gain of the offense.
The investigation is continuing. This prosecution is being handled by the Justice Department’s Environmental Crimes Section and the U.S. Attorney’s Office for the Eastern District of Virginia. The government is represented by Assistant United States Attorney Eric Hurt and Trial Attorney Gary N. Donner.
Santa Ana Man Indicted on Federal Drug Trafficking Charges that Allege Possession of Methamphetamine, Heroin and FentanylRead the Press Release
SANTA ANA, California – A federal grand jury today returned an indictment that charges a Santa Ana man with possessing significant quantities of narcotics – including the extremely potent synthetic opioid fentanyl – that he intended to distribute.
Guillermo Ernesto Sanchez Hermosillo, 41, of Santa Ana, who is currently in custody in an Orange County jail on state charges, was named in a five-count indictment.
After receiving information that Hermosillo was engaging in drug-trafficking activities, officers with the Huntington Beach Police Department and an ATF special agent went to Hermosillo’s apartment on July 31 to conduct a probation compliance check. Hermosillo was on probation after sustaining a conviction in a domestic violence case in March.
Inside a closet in a bedroom, the law enforcement officers discovered 2,722 grams of methamphetamine, 1,992 grams of heroin, and 891 grams of fentanyl. At the time of the search, there were three minors in the apartment, including a 3-week-old baby.
In addition to the narcotics that were wrapped in plastic, authorities seized a .45-caliber Glock handgun and eight rounds of ammunition.
Hermosillo was taken into local custody following the discovery of the narcotics and the firearm.
Today’s indictment charges Hermosillo with possession with intent to distribute methamphetamine, possession with intent to distribute heroin, possession with intent to distribute fentanyl, possession of a firearm in furtherance of a drug trafficking crime, and being a prohibited person in possession of a firearm and ammunition.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Because of the quantities of narcotics involved, each of the three drug-trafficking charges carries a mandatory minimum sentence of 10 years in federal prison, and a potential life sentence. The charge of possessing a firearm in furtherance of a drug-trafficking crime carries a mandatory, five-year consecutive sentence to any sentence imposed for the narcotics offenses. The charge of being a prohibited person in possession of a firearm carries a maximum possible penalty of 10 years in prison.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Huntington Beach Police Department.
This matter is being prosecuted by Assistant United States Attorney Anne C. Gannon of the Santa Ana Branch Office.
Rock Island Felon to Serve Nine Years in Prison for Illegal Gun PossessionRead the Press Release
ROCK ISLAND, Ill. - Chief U.S. District Judge James E. Shadid today sentenced Gregory Michael Terronez, 31, of Rock Island, Ill., to 110 months (9 years, 2 months) in federal prison for illegal possession of a firearm by a felon. Terronez was ordered to remain on supervised release for two years following his release from prison. Terronez has remained in the custody of the U.S. Marshals Service since he was arrested on Jan. 29, 2018.
On May 16, 2018, Terronez plead guilty to illegally possessing a Ruger LCR .38 Special revolver in November 2017. According to court documents, the gun’s serial number was obliterated. Terronez has four prior felony convictions, including convictions, one in 2010 and another in 2015, for distribution of cocaine. In support of its sentence recommendation, the government cited the defendant’s own admission that he has little employment history, other than as a drug dealer, and Terronez’s admission that after he was released from prison in May 2017, he supported himself by selling crack cocaine.
The case was investigated by the Rock Island Police Department and ATF. Assistant U.S. Attorney John K. Mehochko prosecuted the case in cooperation with the Rock Island County State’s Attorney’s Office.
Robert Pizarro and Juan Rivera Convicted of Kidnapping and Murdering Federal Cooperating WitnessRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that earlier today, ROBERT PIZARRO and JUAN RIVERA were convicted of murdering a witness to prevent reporting to law enforcement, kidnapping conspiracy, kidnapping resulting in death, robbery conspiracy, robbery, and firearms offenses, arising out of the murder of federal cooperating witness Robert Bishun on September 20, 2016.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Just over two years ago, Robert Bishun was violently kidnapped and brutally murdered by the defendants because he was a federal cooperating witness. Today, the jury in this case returned a unanimous verdict holding the defendants accountable for their heinous crimes. We hope that today’s result brings some small measure of peace to Robert Bishun’s family.”
According to the proof introduced at trial:
On September 20, 2016, PIZARRO and RIVERA attempted to rob Robert Bishun at gunpoint inside his auto body shop in the Bronx; during the attempted robbery, two customers were bound with zip ties and locked in the trunks of separate vehicles inside the shop. Upon learning that Bishun was a federal cooperating witness, PIZARRO and RIVERA kidnapped Bishun from his shop and strangled him to death with a plastic zip tie, before abandoning Bishun’s body in the back of his own vehicle on the side of the road.
On a prior occasion, in January 2015, PIZARRO and another accomplice stormed into Bishun’s auto body shop and robbed Robert Bishun at gunpoint, taking approximately $10,000 in cash from Bishun. During the course of the robbery, two customers were bound with zip ties.
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PIZARRO, 38, of the Bronx, faces a mandatory minimum sentence of life in prison plus 32 years. RIVERA, 41, also of the Bronx, faces a mandatory minimum sentence of life in prison plus 7 years.
Mr. Berman praised the investigative efforts of the DEA and the NYPD, and the Special Agents of the United States Attorney’s Office for the Southern District of New York.
The case is being prosecuted by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Jason Swergold, Jessica Fender, Jared Lenow, and Margaret Graham are in charge of the prosecution.
Riverton Woman Charged with Bank FraudRead the Press Release
COUNCIL BLUFFS, Iowa – On August 28, 2018, a federal grand jury charged Carol S. Jennings, age 57, of Riverton, with Bank Fraud, announced United States Attorney Marc Krickbaum. The Indictment alleges that Jennings, while employed as the clerk for the City of Riverton, opened two accounts with a local bank by providing falsified documents in April 2014. From April 2014 until February 2015, Jennings allegedly deposited city funds into these accounts and then converted almost the entire balance for her own personal use.
The defendant appeared in United States District Court on September 20, 2018, where she pleaded not guilty to the charge. Jennings has a trial date scheduled for November 5, 2018, before United States District Court Judge Stephanie M. Rose at the Council Bluffs Federal Courthouse.
The public is reminded that an Indictment is merely an accusation, and the defendant is presumed innocent unless and until she is proven guilty.
This matter was investigated by the Federal Bureau of Investigation and the Fremont County Sheriff’s Office. The case is being prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Remarks by U.S. Attorney William M. McSwain at the NASA OIG ConferenceRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain was honored to speak yesterday at the conference of the NASA Office of Inspector General in Philadelphia, Pennsylvania. U.S. Attorney McSwain’s remarks are below.
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Thank you very much to Inspector General Paul Martin and the entire NASA OIG for inviting me to speak here today. It is truly an honor to join you.
I am blessed that the U.S. Attorney’s Office is filled with skilled, experienced prosecutors who want nothing more than to serve the public and do justice. But no Assistant U.S. Attorney can win a case without the help of an outstanding law enforcement partner. We are very thankful for our relationship with NASA OIG, and I am here today for two reasons: first, to express my appreciation for the work you do and, second, to talk about how we can build on our existing partnership and continue to do great things together.
Many federal, state, and local agencies work with our Office in the Criminal Division or the Civil Division, depending on the subject of their work and investigations. One attractive aspect of working with NASA is that you all are able to work equally well with both divisions of our Office, depending on the case, and you are able to achieve stellar results in both spheres.
Over the years, we have had a number of successful criminal prosecutions together. In one recent high-profile matter, United States v. Chaka Fattah, former Congressman Fattah misused NASA grant funds to help retire some of his campaign debt. NASA OIG assisted in this investigation, and Special Agent Michele Batignani testified at trial. With her great work, along with the work of AUSAs Paul Gray, Eric Gibson, and many other law enforcement partners, Fattah was convicted and is currently serving a sentence of 10 years in prison.
In another significant matter, United States v. Ding and Zotova, a Lehigh University professor (Mr. Ding) and his wife submitted proposals to NASA, seeking funding for scientific research. The defendants’ proposals claimed they would conduct the research at their business, ArkLight, and would subcontract some of the work to Lehigh, where Ding was employed as a professor. Instead, the defendants used ArkLight as a front to funnel federal grant money to themselves for research performed by students and others working under Ding’s supervision at his university lab. Defendants held Zotova (Ding’s wife) out to NASA as the “principal investigator,” but she never did any work on the contracts at issue. Special Agent Erik Saracino brought this case to our Office. It was initially a case that our Civil and Criminal Divisions worked together, but that our Criminal Division ultimately pursued. AUSA Greg David, now our Civil Division Chief – and a former NASA intern I might add – was cross-designated as a criminal AUSA to bring this case to trial with AUSA Liz Abrams. Thanks to the dedicated work of Special Agent Saracino and AUSAs David and Abrams, after a two-week jury trial, the jury convicted the defendants of six counts of wire fraud. Both were sentenced to time in prison.
Our Office has also had success working with NASA on the civil side. For example, in 2014, Thermacore, Inc. agreed to pay $965,000 to resolve False Claims Act allegations. Thermacore submitted essentially identical proposals to perform the same work to NASA and the Air Force under the Small Business Innovation Research (SBIR) program. It was awarded both and received payment under both contracts. Essentially equivalent research may not be funded by more than one agency and submissions under the SBIR Program must be certified as being non-duplicative. Under the SBIR Program, therefore, it is unlawful to receive funding for essentially equivalent work already funded under any government program or to falsely certify that work is non-duplicative. AUSA Veronica Finkelstein and Special Agent Erik Saracino worked to bring a fair and just result in this case.
I want to continue our strong partnership and continue to bring cases together in both the criminal and civil arenas. In my first few months as U.S. Attorney, we reorganized some parts of the Office. One of the most important things we did was to form the Affirmative Civil Enforcement Strike Force in our Civil Division. The ACE Strike Force, as it is more commonly known, will investigate and, when necessary, file lawsuits to prosecute fraud and abuse against government programs. It will work closely with criminal prosecutors to coordinate civil and criminal investigations where appropriate. The ACE Strike Force will investigate cases arising from a number of sources, including those brought under the qui tam, or whistleblower, provisions of the False Claims Act, which allow private citizens to bring civil actions on behalf of the United States and share in any recovery. We have always had a deep bench of talented civil attorneys who all contribute to the successful prosecution of affirmative civil enforcement and will continue to do so. But with the ACE Strike Force, we will now have additional firepower to focus on these critical matters, including those brought to us by NASA OIG.
So how can we continue to bring strong cases together? Much of it comes down to maintaining open lines of communication. But it also helps to keep in mind some general considerations about how we evaluate agency referrals at the intake stage.
The first thing to keep in mind when you present cases to our Office is that we are open to exploring both criminal and civil proceedings in any given case, and we consider a range of cases—from the smaller, simpler cases to the most complex of fraud schemes. We have many tools at our disposal to stamp out fraud; the case may be appropriate for criminal investigation, civil investigation under the False Claims Act, or investigation by both divisions “in parallel” proceedings.
Along those lines, we have no minimum or threshold loss amount. We will consider any case that fits within the federal statute in play, and we understand that the deterrent impact of bringing a smaller case can be very important to an agency partner. We will take that into consideration in making a charging decision. At the same time, our Office is capable of handling the most complex white collar cases, and what we often find is that when agencies identify smaller-types of violations of agency protocol or low-level criminal conduct, it can lead to discovering other, more significant criminal conduct by the same people at the same time.
So the first takeaway here is that no case is too small to bring to our attention, and we will determine, in each case, whether the civil enforcement or criminal charging route is appropriate.
The second thing to keep in mind as you evaluate matters is related to the first point – you should consider the wide variety of different types of behavior that could potentially fall within the purview of fraud. Remember that fraud comes in many forms, limited only by the creativity (or lack thereof) of the fraudsters involved. So the fraud at issue could involve grant fraud or procurement fraud, but it just as easily could involve employee embezzlement of funds or employee theft of government property, including intellectual property.
And in any type of case, the key for us, at the intake stage, is to distinguish innocent behavior or mistakes from actions undertaken with a criminal intent to defraud. In general, investigations should center around uncovering false statements or misappropriations that demonstrate intent. For example, in cases involving procurement fraud, we might look for whether the same vendor continually wins bids. We also might look for a series of revisions to contracts’ technical specifications so only one vendor is in a position to provide those particular items. These are just a couple of examples of the types of evidence of fraud that we look for in distinguishing innocent behavior from intentionally fraudulent conduct.
So the second takeaway here is to keep an open mind in assessing matters and to look for evidence that can be viewed as establishing fraud either directly or circumstantially.
Third, though we want you to bring us all types of cases, it is equally true that cases involving a “plus factor” are of particular interest to my Office. And by “plus factor,” I mean that there is some substantial harm to a third party, or conduct that is particularly egregious and ongoing. So, for example, if you discover fraudulent conduct that, in turn, could raise safety concerns that impact third parties, as can happen when there is fraud that affects the validity of data or scientific research that others are relying upon, that sort of conduct is particularly concerning. Also, a long-standing pattern of fraud or abuse is often worthy of scrutiny.
And finally, in terms of what you, as agents, can do, it is important to know that there is a tremendous benefit to proactive agency intervention. We saw that in the Thermacore investigation. That investigation was prompted by NASA’s initiative to identify potential fraud in its SBIR contracts. But even beyond audit activities, it is important to be alert to the various additional sources of useful information to build a case, including tips from outside resources and employee exit interviews – to name just two potential sources of information.
In sum, my Office is proud of our past work with you, and we are excited about our future collaboration. Thank you for your partnership, and again, thank you for having me here today.
Remarks by U.S. Attorney William M. McSwain at the Allentown Police Academy GraduationRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain was honored to speak last week at the Allentown Police Academy Graduation of the 102nd Police Training Class in Allentown, Pennsylvania. U.S. Attorney McSwain’s remarks are below.
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Thank you very much to Mayor Ray O’Connell, Chief of Police Tony Alsleben, Assistant Chief Stephen Vangelo, and the entire Allentown Police Academy for inviting me to speak here today. It is truly an honor to be here with you today on this very special occasion.
First and foremost, to the 102nd Police Training Class – congratulations on a job well done! You have spent the past six months working incredibly hard, day in and day out, to achieve your dreams, all with the goal of getting to this moment. There are not many days in your life that you know for certain you will remember for decades to come. But this is one of those days. Do not let the moment pass you by. Look around, at your classmates, at your future colleagues, and most importantly, at your families, and acknowledge to yourself what you have achieved to be sitting where you are today. Everyone here is incredibly proud of you, and you deserve another round of applause.
Throughout my life, I have always been interested in how others define their core values. In the program for today’s ceremony, the Law Enforcement Code of Ethics is printed. The first line reads, “As a law enforcement officer, my fundamental duty is to serve the community.” In my mind, a life of service is the most honorable and noble pursuit one can follow. As the Code details, you will safeguard the lives of others on a daily basis. You will protect the innocent and the vulnerable. You will follow and uphold the United States Constitution at all times, not only when it is convenient, but also when it might be most inconvenient.
It is by living the core values of law enforcement that has allowed the U.S. Attorney’s Office and police departments throughout the Eastern District of Pennsylvania, including Allentown, Bethlehem, and Easton, to achieve great success in the pursuit of justice and keeping our community safe. On the 17th anniversary of the terrorist attacks last week, I was humbled to stand in the Great Hall in the Justice Department headquarters in Washington D.C. to hear Attorney General Sessions give his remarks about the day that this country was changed forever. He recalled that first responders performed one of the most heroic rescue missions in our country’s history. The Attorney General noted that since September 11, 2001, the Department of Justice has secured the convictions of over 580 defendants for terrorism or terrorism-related charges, and he reiterated that the FBI has on-going terrorism investigations in all 50 states.
But the FBI is not pursuing these investigations in a silo. One of the most important lessons from that horrific day 17 years ago is that federal, state, and local authorities must have cross-jurisdictional partnerships to ensure that there is a continuous flow of intelligence and information to assist national security and public safety field operations. There are no separations or boundaries between federal, state and local law enforcement. We all work together to ensure the continued safety of this great nation. We can only succeed with the collaboration and partnership of each of you.
These partnerships cannot be built in a day. We all need to work together when times are good so that we know exactly what to do and who to call in times of crisis. To this end, one of my first initiatives when I began serving as U.S. Attorney was to visit all nine counties that make up the Eastern District of Pennsylvania and meet with the district attorneys and local law enforcement leaders in each of them. It is a priority of my Office to continue to foster these relationships and always keep our lines of communication open. These connections are crucial to keeping the community safe.
And this collaboration has already produced results. For example, together, we continue to fight the war against the opioid epidemic. Earlier this year, the U.S. Attorney’s Office announced the creation of the Opioid Law Enforcement Task Force, comprised of federal, state and local law enforcement partners. The Task Force is responsible for developing, implementing, and coordinating a robust prosecution response to this national health emergency, and the Task Force could not be successful without your partnership.
Together, we also continue to fight violent crime and drug trafficking on a daily basis. The Department of Justice has recently reinvigorated the Project Safe Neighborhoods program, which has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. To that end, my Office has brought many cases this year combatting violent crime and drug organizations, with the help of area police departments like yours. For example, Assistant U.S. Attorneys Kelly Fallenstein and Sherri Stephan are currently prosecuting a drug organization led by Defendant Jose Sanchez-Delgado. This organization used the U.S. Mail to bring heroin and cocaine from Puerto Rico to Allentown for distribution here. The Drug Enforcement Administration and the Allentown Police Department are working this case together, with
Officer Evan Weaver and Detective Randy Fey playing a leading role as FBI Task Force Officers. A total of ten defendants were indicted and charged with distributing up to 25 kilograms of cocaine. Six of these defendants have pled guilty and the rest are working their way through the criminal justice system.
Another great example of working together is Allentown Police Detective Damian Murray, who also serves as a DEA Task Force Officer, and was named the DEA Task Force Officer of the Year for the entire Eastern District of Pennsylvania. But that is nothing new for this Department. Two years ago, in 2016, Allentown Police Sergeant Christopher Diehl was also named the DEA Task Force Officer of the Year.
I could go on and on about our successful pursuits together. It is by living by our cores values and the code of ethics that we will pursue challenging investigations, succeed in stopping crimes, and hold the responsible parties accountable. And I know that each of you will have many successes. But that does not mean that this will always be an easy road.
Indeed, it is harder today than perhaps in any time in American history to be serving in law enforcement. It has become somewhat popular in certain segments of the population to come out against the police and law enforcement. And even when a police department has an honest and open dialogue with the community about this criticism, each and every one of you will live your life under a microscope. Moreover, not only are the police under scrutiny like never before, the tools of that heightened scrutiny are ever-present. Everything that you do and everything that you say can be posted on Facebook, tweeted, and made into a national news story in a matter of seconds.
You need to be aware of this constant drumbeat of attention. But I encourage you not to shy away from it. Instead, embrace it. Because when the media and the citizens of our community actually get the opportunity to look more closely, they get to see dedicated, hard-working police officers who are keeping our communities safe every single day.
The Law Enforcement Code of Ethics notes the challenges ahead. It states that you will keep your private life unsullied “as an example to all,” and that you will “maintain courageous calm in the face of danger, scorn or ridicule.” Make no mistake – this is placing a higher standard on you than the average citizen, even when you are off-duty. The Code of Ethics notes that you “alone” are responsible for your own standard of professional performance. That being said, I want you to look around this room at your fellow graduates. You will have greater success if you help one another in being the best officers that this community expects and deserves. You are responsible for your own conduct, but you have each other to lean on and help guide one another to become the best law enforcement officers possible.
Graduates, if you remember one thing that I say today, I want you to remember this: I want you to remember the words thank you. Thank you for your future partnership with the U.S. Attorney’s Office in pursuing justice. Thank you for your future leadership in the community and for keeping all of us safe. Thank you for the sacrifices that you will make on a daily basis because of the work that you do. I know that the hours are long, the danger is real, and the salary will never match what you deserve and what you could earn in the private sector. But we do not serve for the pay or the glory. We serve because there is no greater purpose in this life than to serve others.
But our graduates today are not the only ones in this room who serve. To all of the family members here today supporting a police graduate – can you please stand up? I want all of the husbands and wives, children, mothers and fathers, sisters and brothers, aunts and uncles, grandparents – and also the close friends – to please stand up. I want to thank you for your service. These graduating men and women would never have gotten here today without you. Their long hours will be your long hours. The nights and weekends, the holidays, the sacrifices that they make will be your sacrifices, as well. And I know that you will think about the dangers that they face on a daily basis, perhaps sometimes even more than they do. You serve on a daily basis. Please know that I and every other member of this community are humbled by and grateful for your sacrifice and your service to this community and this country. Thank you for everything that you do.
In conclusion, I say to everyone here – on your longest, hardest, most challenging days, do not give up. You are on a righteous path. Remember that the U.S. Attorney’s Office stands beside you; we could not do our work without you. We see your service and we know your sacrifice. Remain determined in your pursuit of justice and hold your head high.
Thank you, congratulations, and God Bless you all.
Rapid City Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Ehoni Johns, age 21, was indicted on August 13, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 24, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or between November 6, 2017, and January 6, 2018, Johns, a person required to register under the Sex Offender Registration and Notification Act, did fail to register and update his registration.
The charge is merely an accusation and Johns is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Johns was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Poughkeepsie Man Convicted of Robbing a Credit Union in Hinsdale, New HampshireRead the Press Release
CONCORD – United States Attorney Scott W. Murray announced that on Tuesday, September 25, 2018, a federal jury found Joseph M. Crocco, 42, of Poughkeepsie, New York, guilty of robbing a credit union after a two-day trial.
Evidence presented at trial showed that on December 21, 2017, the defendant entered the Service Credit Union branch located in the Walmart on Brattleboro Road in Hinsdale, New Hampshire. He approached a teller and gave her two notes. He then told her that he had a bomb strapped to his body and she had sixty seconds to comply with his demands. The teller gave him approximately $2,700 and he fled the store. Investigation by the New Hampshire State Police and the Hinsdale Police Department ultimately traced the defendant to Poughkeepsie where detectives from the City of Poughkeepsie Police Department identified the defendant in images taken from the credit union’s security cameras.
Crocco will be sentenced on January 3, 2019.
“Robberies of banks and credit unions are violent and dangerous crimes,” said U.S. Attorney Murray. “In order to protect public safety, we work closely with our law enforcement partners to prosecute these crimes and ensure that our community is safe. I want to thank the law enforcement agencies who participated in this investigation. Their excellent cooperation resulted in the successful prosecution of this defendant.”
“By threatening to blow himself up and instilling unnecessary fear in the tellers, Mr. Crocco jeopardized the safety of bank employees, customers, and other members of the community,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division. “The FBI is grateful for the strong partnerships we share with our law enforcement partners who worked collaboratively to bring this man to justice. We’d also like to thank the jurors for their service, and for returning a guilty verdict in this case.”
This matter was investigated by the Federal Bureau of Investigation, the Hinsdale Police Department, the New Hampshire State Police, the Brattleboro, Vermont Police Department, and the City of Poughkeepsie, New York Police Department. The case is being prosecuted by Assistant U.S. Attorneys Anna Dronzek and Charles Rombeau.
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Polk County Man Sentenced to More Than Five Years in Federal Prison for Firearms OffenseRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Kenton Buddy Campbell (34, Lakeland) to 5 years and 10 months in federal prison for possessing firearms and ammunition as a convicted felon. The court also ordered Campbell to forfeit two firearms and ammunition. He had pleaded guilty on June 20, 2018.
According to court documents, law enforcement officers identified Campbell’s residence as a location that was being used to facilitate the sale of narcotics. The Lakeland Police Department executed a search warrant at Campbell’s residence and found that he had been sleeping on the living room floor next to two loaded firearms. During the search, officers seized more than 220 grams of marijuana, along with codeine, oxycodone, cocaine, digital scales, and cash bundled in small denominations. Campbell was arrested on state charges and released from state custody pending trial.
Shortly after his release, Campbell returned to his home and continued selling narcotics. The Lakeland Police Department obtained a second search warrant for the residence, seized more narcotics and cash, and arrested Campbell on additional charges.
At the time, Campbell had multiple prior felony drug convictions and therefore was prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Lakeland Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Lisa M. Thelwell.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Pinellas County Man Pleads Guilty to Stealing Millions by Using Stolen Identities—And Attempted Bank RobberyRead the Press Release
Tampa, Florida – Jason Peter Kendall (36, Seminole) has pleaded guilty to one count each of bank fraud, securities counterfeiting, aggravated identity theft, and attempted bank robbery. Kendall faces a maximum penalty of 30 years in federal prison for the bank fraud, up to 20 years for the attempted bank robbery, up to 10 years for the counterfeiting, and a mandatory consecutive term of two years for the aggravated identity theft. A sentencing date has not yet been set.
According to the
plea agreement , Kendall stole the personal identifying information of various individuals and opened securities-trading accounts in his name and the names of his identity theft victims. He then funded those accounts by stealing account information and impersonating accountholders to gain access to bank accounts held by individuals and businesses in Florida and across the country, directing those banks to wire funds into the trading accounts that he controlled. Over several months in 2016, Kendall transferred more than $3 million of victims’ money into accounts that he controlled before his frauds were discovered.Then, on September 20, 2017, Kendall entered a BB&T Bank in Seminole and attempted to rob it. After a teller activated a silent alarm to alert other employees to the robbery, Kendall fled without obtaining any money.
This case was investigated by the United States Secret Service, the Federal Bureau of Investigation, and the Pinellas County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Eric K. Gerard.
Philadelphia Woman Pleads Guilty to Two Counts of Sex Trafficking of MinorsRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that Shyniquah Lightner, 26, of Philadelphia, pleaded guilty today to two counts of sex trafficking of a minor.
Between July 2017 and September 2017, the defendant operated a prostitution ring in Philadelphia, and co-defendant Malik Hudson assisted Lightner in the operation. Lightner recruited females to work as prostitutes in this illegal business, and then created Internet advertisements in which she marketed various females as available for purchase for purposes of prostitution. These advertisements featured pictures of the females, either scantily clad or partially nude, a description of each female, and a phone number to call to arrange a meeting. Two of the females Lightner recruited and advertised were minors under 18 years of age.
“The defendant chose to recruit and sell women for money,” said U.S. Attorney McSwain. “The U.S. Attorney’s Office remains committed to aggressively investigating and pursuing cases involving the sex trafficking of minors.”
“HSI Philadelphia is pleased that the newly formed multiagency Anti-Trafficking Coalition worked jointly on this investigation, and we look forward to expanding our partnerships with private and public entities to combat human trafficking,” said Marlon V. Miller, special agent in charge of HSI Philadelphia.
“We are privileged to have collaborated with our Human Trafficking Task Force partners in the investigation, arrest, and successful prosecution of Shyniquah Lightner,” said Philadelphia Police Commissioner Richard Ross. “As a result of this collective effort, a child predator has been brought to justice. We look forward to replicating this outcome, as we continue to focus our collective investigative efforts on those who target our most vulnerable communities.”
Lightner faces a mandatory minimum sentence of 10 years in prison with a maximum possible sentence of life in prison, a minimum of 5 years up to lifetime-supervised release, a $500,000 fine, and a $200 special assessment.
The case was investigated by the Homeland Security Investigations (HSI), the Philadelphia Police Department Special Victim’s Unit (SVU) and the Philadelphia District Attorney’s Office, and is being prosecuted by Assistant United States Attorney Jessica Natali. This case is part of the Philadelphia Anti-Human Trafficking Task Force. Members of the joint task force include the HSI Philadelphia, the Philadelphia Police Department’s SVU, the Philadelphia District Attorney’s Office Family Violence & Sexual Assault Unit, the Federal Bureau of Investigation, the Salvation Army and the United States Attorney’s Office for the Eastern District of Pennsylvania. The task force brings together the expertise, training, experience, and law enforcement authorities of the partnered agencies to help identify human traffickers, and prosecute them while also protecting and aiding survivors.
Park City Man Pleads Guilty to Brandishing Gun During RobberyRead the Press Release
WICHITA, KAN. – A Wichita man pleaded guilty Wednesday to brandishing a gun during a robbery at a local credit union, U.S. Attorney Stephen McAllister said.
Mack W. Colvin, Jr., 32, Park City, Kan., pleaded guilty to one count of brandishing a firearm during a crime of violence. In his plea, he admitted that on Dec. 19, 2017, he robbed the Wheat State Credit Union at 1400 S. Oliver. He pointed a firearm at tellers and demanded money. According to court records, an employee got the tag number of the car he was driving and police used the information to locate Colvin and arrest him.
Sentencing is set for Dec. 17. Both parties have agreed to recommend a sentence of seven years in federal prison.
McAllister commended the Wichita Police Department, the FBI and Assistant U.S. Attorney Lanny Welch for their work on the case.
Pair from Warren indicted for straw purchases of firearmsRead the Press Release
Two people from Warren were named in a nine-count federal indictment for their roles in the straw purchase of firearms.
Constance Derubba, 76, and Allen Reynolds, Jr., 35, were each indicted on four counts of making false statements during the purchase of a firearm. Reynolds also faces five additional counts of being a felon in possession of a firearm.
On four different occasions, Derubba knowingly made false and fictitious statements in relation to the purchase of firearms. She was counseled, aided and abetted by Reynolds in these purchases. She falsely stated she was the purchaser of the firearm when, in fact, she was purchasing the firearms for Reynolds, according to the indictment.
Reynolds at various points possessed a Smith & Wesson 5.56-caliber rifle, a Glock .40-caliber pistol, another Glock .40-caliber pistol, a North American Arms .22-caliber revolver, and another Smith & Wesson 5.56-caliber rifle, despite a previous conviction for possession of cocaine, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than maximum.
This cases is being prosecuted by Assistant U.S. Attorney Jason Katz following an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
An indictment is only a charge. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Psychologist and His Wife Plead Guilty to Defrauding Wyoming MedicaidRead the Press Release
Dr. John R. Sink, Jr., who is a Ph.D. psychologist, and his wife Diane M. Sink pled guilty on September 25, 2018 before Federal District Court Judge Alan B. Johnson in federal court in Cheyenne to making false statements to Wyoming Medicaid as part of a scheme to fraudulently bill Medicaid for alleged mental health services. U.S. Attorney for the District of Wyoming Mark A. Klaassen, whose office prosecuted the case, announced the guilty pleas.
According to court documents, the Sinks operated a psychological practice in Cheyenne, Wyoming. Between February 2012 and December 2016, the Sinks submitted to Wyoming Medicaid over $6.2 million in bills for alleged group therapy, which consisted of activities that did not qualify as group therapy under Medicaid rules. The Sinks knew their bills contained material false statements because the services provided by the Sinks did not qualify as group therapy, the hours billed did not accurately report the time each Medicaid beneficiary was actively participating in any activities, and the Sinks were not using up-to-date treatment plans to guide each Medicaid beneficiaries treatment as required by Wyoming Medicaid. The Sinks also submitted falsely backdated treatment plans to Wyoming Medicaid when the program audited the Sinks’ business in May 2016. The Sinks made these false statements knowing that Wyoming Medicaid would not pay for the alleged group therapy if the program knew the true nature of the services being provided by the Sinks, and to conceal their fraudulent billing scheme.
"Health care fraud is a serious crime that harms all of us through higher taxes and insurance premiums. The Sinks’ guilty pleas show that the United States government will investigate, prosecute, and punish the criminals who attempt to defraud our health care system," said U.S. Attorney Mark A. Klaassen.
"Today’s guilty pleas send a strong message to anyone considering engaging in health care fraud," said Federal Bureau of Investigation, Denver Regional Office, Special Agent in Charge Calvin Shivers. "The FBI will continue to work with the U.S. Attorney's Office in Wyoming to hold individuals who commit health care fraud, at the expense of the U.S. government and hardworking taxpayers, accountable for their actions."
The Federal Bureau of Investigation and the Wyoming Medicaid Fraud Control Unit investigated this case. Assistant U.S. Attorney Eric Heimann of the U.S. Attorney’s Office for the District of Wyoming and Special Assistant United States Attorney Travis Kirchhefer of the Wyoming Medicaid Fraud Control Unit prosecuted the case.
Dr. John R. Sink, Jr., and Diane M. Sink are scheduled for sentencing on December 4th, 2018 in Cheyenne, Wyoming.
Suspected fraud against Medicaid or Medicare can be reported to the U.S. Department of Health and Human Services’ Office of Inspector General at 1-800-HHS-TIPS (1-800-447-8477) and the agency’s website https://oig.hhs.gov/fraud/report-fraud/. Wyoming residents can call the Wyoming Medicaid Fraud Control Unit toll free at 1-800-378-0345, or visit their website at http://ag.wyo.gov/medicaid-fraud-control-unit.
North Haverhill Woman Pleads Guilty to Participating in Fentanyl Trafficking ConspiracyRead the Press Release
CONCORD - Amy Reardon, 33, of North Haverhill, pleaded guilty in federal court to participating in a fentanyl drug trafficking conspiracy, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, as a result of an ongoing drug trafficking investigation, agents and task force officers with the Drug Enforcement Administration learned that on March 14, 2018, the defendant intended to travel from New Hampshire to a location in Lawrence, Massachusetts to purchase 140 grams of a controlled substance. Agents conducted surveillance in the area of the transaction and observed the defendant’s vehicle arrive and depart the area.
The agents informed a New Hampshire State Trooper patrolling Interstate Route 93 about their surveillance observations. The trooper stopped the vehicle for a traffic violation and identified the driver and Reardon as the sole passenger in the vehicle. During questioning by the trooper, Reardon admitted that she had fentanyl in her possession and later was found to have approximately 143 grams of fentanyl.
Reardon is scheduled to be sentenced on January 4, 2019.
“Fentanyl is a deadly drug that is causing untold damage throughout the Granite State,” said U.S. Attorney Murray. “As this investigation shows, the law enforcement community is working together to identify and prosecute those who are bringing fentanyl into our state.”
The case was a collaborative investigation that involved the DEA; the New Hampshire State Police; the Hillsborough County Sheriff’s Office; the Nashua Police Department; the Massachusetts State Police; the Massachusetts Attorney General’s Office; the New Hampshire Attorney General’s Office; the Essex County District Attorney’s Office; the Internal Revenue Service; Immigration and
Customs Enforcement’s Homeland Security Investigations; United States Customs and Border Protection Boston Field Office; the United States Marshals Service; the United States Department of State’s Diplomatic Security Service; the Manchester Police Department; the Lisbon Police Department; the Littleton Police Department; the Seabrook Police Department; the Haverhill (MA) Police Department; the Methuen (MA) Police Department; the Lowell (MA) Police Department; and the Maine State Police.
The case is being prosecuted by Assistant United States Attorneys Georgiana L. Konesky, Seth R. Aframe and Debra M. Walsh.
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
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Newark Man Charged with Armed RobberyRead the Press Release
NEWARK, N.J. – A Newark man appeared in federal court today on charges that he allegedly attempted to rob a city barbershop in May 2018, U.S. Attorney Craig Carpenito announced.
Philip K. Hedgespeth, 43, is charged by complaint with one count of Hobbs Act robbery, one count of brandishing a firearm during a crime of violence, and one count of possession of a firearm by a convicted felon. Hedgespeth made his initial appearance today before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court and was detained without bail.
According to the complaint:
On the evening of May 1, 2018, Hedgespeth entered a barbershop in Newark and attempted to rob it, brandishing a firearm at an employee. He tried to shoot the gun in the employee’s direction, but the weapon malfunctioned. The employee and an off-duty Newark police officer then attempted disarm Hedgespeth, but Hedgespeth was able to exit the barbershop. While standing in front of the barbershop, Hedgespeth pointed his weapon at the officer, who shot Hedgespeth in the face. Hedgespeth fled the scene in a Dodge Challenger. He was apprehended by Newark police officers after exiting the vehicle and leading them on a brief chase on foot. At the time of his arrest, Hedgespeth was in possession of a handgun. Video surveillance recorded Hedgespeth entering the barbershop and attempting to conduct the robbery.
The count of Hobbs Act robbery carries a maximum potential sentence of 20 years in prison and a $250,000 fine, or twice the gain or loss from the offense. The count of brandishing a firearm during a crime of violence carries a mandatory minimum sentence of seven years in prison, which must be imposed consecutive to any other sentence imposed.
The charges and allegations in the complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.
U.S. Attorney Carpenito credited special agents of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge John B. Devito, Newark Field Division; the Newark Police Department, under the direction of Public Safety Director Anthony Ambrose; and the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Theodore N. Stephens II, with the investigation leading to today’s charges.
The government is represented by Assistant U.S. Attorney Jamel Semper of the U.S. Attorney’s Office Violent Crimes Unit in Newark.
New Orleans Man Sentenced to Federal Prison for Conspiracy to Engage in the Sex Trafficking of a MinorRead the Press Release
United States Attorney Brandon J. Fremin announced that Chief U.S. District Judge Shelly D. Dick sentenced UDRAKA ROBERTS-BEY, age 28, of New Orleans, Louisiana, to 105 months in federal prison following his conviction of conspiracy to engage in sex trafficking of a minor. The Court further sentenced ROBERTS-BEY to five years of supervised release following his term of imprisonment.
ROBERTS-BEY and another conspired to recruit and induce a 15-year-old female to engage in prostitution and benefit financially from their pay-for-sex enterprise at locations in Baton Rouge and New Orleans. ROBERTS-BEY promoted their prostitution business by using the website “backpage.com” to post classified advertisements in the Baton Rouge Female Escorts section for commercial sex acts.
U.S. Attorney Fremin stated, “This conviction and sentence reflects how seriously we in the federal system treat these types of despicable acts. The message is simple: Those who prey upon minors in an effort to lure them into prostitution and human trafficking will be dealt with harshly by my office. I commend the outstanding efforts of the prosecutors and our federal, state and local partners who collaborated on this very important matter.”
This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana, the FBI New Orleans Division, East Baton Rouge Sheriff’s Office, and Louisiana State Police, with assistance from the East Baton Rouge District Attorney’s Office and U.S. Department of Homeland Security – Homeland Security Investigations. The criminal case is being prosecuted by Assistant United States Attorney Paul L. Pugliese and Assistant District Attorney Steve Danielson.
Mobile County Man Sentenced to 60 Months in Prison for Possession with the Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that United States District Court Judge William H. Steele sentenced Russell Curtis Odom on September 18, 2018 to serve a term of imprisonment of 60 months followed by 4 years of supervised release for possession with the intent to distribute methamphetamine in violation of Title 21 USC § 841(a)(1). The defendant previously plead guilty to the offense on June 21, 2018.
On January 31, 2017, officers from the Mobile County Street Enforcement Narcotics Team (MCSENT) executed a search warrant at the defendant’s residence in Mobile County. Prior to the search warrant being executed, the officers made several controlled buys from the defendant at this location. During the search, officers recovered approximately 11. 2 grams of pure methamphetamine from the nightstand of the defendant’s bedroom. The officers also located two loaded firearms in the home.
The case was investigated by Mobile County Street Enforcement Narcotics Team and referred for federal prosecution through the Department of Homeland Security, Homeland Security Investigations. The case was prosecuted by Organized Crime Drug Enforcement Task Force (OCDETF) Lead Attorney, George F. May for the United States Attorney’s Office for the Southern District of Alabama.
Mobile County Man Sentenced to 41 Months in Prison for Possession of a Firearm After Felony ConvictionRead the Press Release
The United States Attorney, Richard W. Moore, announces that Johnny Wilson Weaver, a 37 year old resident of Semmes, Alabama was sentenced to 41 months of incarceration for illegal possession of a Hi-Point 9mm rifle after being convicted of felony Possession of a Controlled Substance.
According to a factual statement Weaver signed in connection with his guilty plea, on June 18, 2018, on or about June 14, 2017, deputies of the Mobile County Sheriff’s Office travelled to Weaver’s residence to investigate a complaint of possession illegal drugs and child endangerment. When they arrived, Weaver greeted them at his front door. The deputies told Weaver of the complaint and Weaver responded that he had just been released from prison and he lived there with his wife and child. Deputies asked Weaver to tell them of the location of his wife and daughter. Weaver responded that they were at their grandmother’s house. Weaver then told the deputies that he was rolling a marijuana cigarette when they arrived and when he saw them, he threw the marijuana out the window. Weaver agreed to show the deputies where he threw the marijuana. While they looked for the marijuana, one deputy noticed a Hi Point, model 995, .9mm rifle with an obliterated serial number. Deputies then read Weaver his Miranda Rights. Weaver waived his rights and told the deputies that he was “holding” the rifle for a friend but refused to give the friend’s name. Weaver then admitted that he had been firing the rifle occasionally over the last week on his property. Weaver then signed a consent to search his residence. The search was not productive because the residence was in disarray.
At that time, Weaver had been convicted of at least one felony, namely, Possession of Controlled Substance, on June 20, 2016, in the Circuit Court of Mobile County, Alabama, case number CC-2015-004904.
Special agents of the Immigration and Customs Enforcement Agency (ICE) along with Mobile, Alabama County deputies investigated the case and presented it to the United States Attorney’s Office for prosecution. The prosecutor assigned to the case was Assistant United States Attorney Gina S. Vann.
Milford Man Pleads Guilty to Robbery ChargesRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Richard F. Moloney, 42, of Milford, Maine pleaded guilty yesterday in U.S. District Court to interfering with commerce by robbery and bank robbery. The charges arose from the robbery of the County Road Market in Milford and a Bangor Savings Bank branch located in Orono in June 2018.
Court records reveal that on June 10, 2018, at about 1:50 p.m., the defendant entered the County Road Market, pointed what appeared to be a dark-colored handgun at a cashier and told her to give him money. The defendant was wearing a grey hooded sweatshirt and sunglasses, and had socks on his hands and a cloth over his face. A second cashier opened the register and put the cash tray on the counter. The defendant absconded with the money.
Two days later, the defendant robbed the Bangor Savings Bank branch. He was wearing a black mask, a grey hooded sweatshirt with the hood pulled up, sunglasses with reflective lenses, jeans, and white socks on his hands. The defendant walked to the teller counter where a customer was conducting a transaction and displayed a note to the bank teller that read: “Give me all the money fast in a bag. No tracer or dye packs got a gun.” The teller gave the defendant cash from the drawer and he absconded with it.
The defendant faces up to 20 years in prison and a $250,000 fine for each robbery. The defendant will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Penobscot County Sheriff’s Office, the Old Town, Bangor and Orono Police Departments, the Maine State Police Crime Laboratory, the Maine State Police, and the FBI.
Mexican Man Sentenced to 10 Years’ Prison for Weapons SmugglingRead the Press Release
TUCSON, Ariz. – Yesterday, Luis Enrique Beltran-Beltran, 41, of Culiacan, Sinaloa, Mexico, was sentenced by U.S. Senior District Judge Cindy K. Jorgenson to 120 months’ imprisonment. Beltran had previously pleaded guilty to an indictment charging him with conspiracy to unlawfully export and aiding and abetting the unlawful possession of machine guns, grenades, and grenade launchers. Beltran had been extradited from Mexico to the United States in 2017.
Agents received information in 2011 that Beltran was trafficking military-grade weapons from the U.S. into Mexico. The investigation revealed that Beltran sought to buy and smuggle up to 10 machine guns with attached grenade launchers and 50 grenades each week. Beltran, who orchestrated his criminal activity from Mexico, also directed several other co-conspirators to smuggle over 50,000 rounds of ammunition and hundreds of high-capacity ammunition magazines. In sentencing him to the maximum sentence allowed by law, Judge Jorgenson cited the severity of Beltran’s crimes and his role as a leader of an extensive weapons-trafficking conspiracy.
The investigation in this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the Department of Homeland Security, Homeland Security Investigations. The prosecution was handled by Angela W. Woolridge, Assistant U.S. Attorney, District of Arizona, Tucson.
CASE NUMBER: CR-11-01470-TUC-CKJ
RELEASE NUMBER: 2018-122_Beltran
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
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Methamphetamine Trafficker Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that United States District Court Judge William H. Steele sentenced Paciano Rodriguez on September 18, 2018 to serve a term of imprisonment of 37 months followed by 5 years of supervised release for possession with the intent to distribute methamphetamine in violation of Title 21 USC § 841(a)(1). The defendant previously plead guilty to the offense on June 21, 2018.
During the course of the investigation, the defendant offered to sell a confidential informant methamphetamine. The defendant travelled to Birmingham to obtain the methamphetamine and then rode to Bay Minette, Alabama with the confidential informant to deliver the methamphetamine to the putative buyer. On March 1, 2018, the defendant was arrested at the location in Bay Minette where he was to deliver the methamphetamine. The defendant had approximately 232.1 grams of methamphetamine, mixture and substance, in his possession that he intended to deliver to the buyer.
The case was investigated by the U.S. Department of Homeland Security, Homeland Security Investigations (HSI). The case was prosecuted by Organized Crime Drug Enforcement Task Force (OCDEFT) Lead Attorney, George F. May for the United States Attorney’s Office for the Southern District of Alabama.