Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
2 November 2018
U.S. Attorney Announcement on November 2018 ElectionsRead the Press Release
St. Louis, MO – United States Attorney Jeff Jensen announced today that Assistant United States Attorney (AUSA) Hal Goldsmith will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general election. AUSA Goldsmith has been appointed to serve as the District Election Officer (DEO) for the Eastern District of Missouri, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Jeff Jensen said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
In order to respond to complaints of election fraud or voting rights abuses on November 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Jeff Jensen stated that AUSA Hal Goldsmith will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number: (314) 539-7733.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (314) 231-4325 or (314) 589-2563.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to the U.S. Attorney’s Office, the FBI, or the Civil Rights Division.
###
Two Members of Old York Money Gang Plead Guilty to Federal Racketeering Charges Related to Their Drug Trafficking and Violence, Including the Killing of Three-Year-Old Mckenzie ElliottRead the Press Release
Baltimore, Maryland – Terrell Plummer, a/k/a Rell, age 29, and Tyrone Jamison, a/k/a Ty, age 25, both of Baltimore, pleaded guilty today to a federal racketeering conspiracy related to their membership in the Old York Money Gang (OYMG), a violent gang that sustained itself largely through the distribution and sale of controlled substances, including crack cocaine, as well as through murder and other violent crimes. The gang operated throughout the Waverly neighborhood of Baltimore. On August 1, 2014, three-year-old McKenzie Elliott was shot to death as she stood on her front porch, when she was struck by an errant bullet during an OYMG dispute. Today, Plummer admitted that he killed McKenzie Elliott, and Jamison admitted that he supplied the gun used in the shooting.
The guilty pleas were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and Interim Commissioner Gary Tuggle of the Baltimore Police Department.
“Disputes between gang rivals lead to many shootings and murders in Baltimore City, including innocent bystanders who are caught in the crossfire—like little McKenzie Elliott,” said U.S. Attorney Robert K. Hur. “I am grateful for the tireless efforts of the investigators and prosecutors to bring McKenzie Elliott’s killer to justice. While this guilty plea will not bring a beautiful little girl back to those who loved her, I hope her community will take some comfort from the fact that we will hold accountable the criminals who turned their neighborhood into a war zone.”
“The pursuit of justice for McKenzie Elliott has taken time, but today the person responsible for taking her life admitted to his crime. We can only hope that this brings some peace and answers to the family and community who loved McKenzie so much,” said ATF Special Agent in Charge Rob Cekada. “Fear of being caught in the crossfire of a gang turf war is a terrible reality that affects too many in Baltimore. ATF is determined to identify, investigate, and incarcerate this city’s most vicious criminals so that neighborhoods can be free of violence and children can safely stand on the front porches of their homes.”
According to their plea agreements and other court documents, from 2013 to April 2017, Plummer and Jamison were members of the OYMG, a violent drug trafficking organization operating in the Waverly neighborhood in the northern district of Baltimore. OYMG is involved in criminal activity including murder, robbery, extortion, burglary, and narcotics trafficking in and around Baltimore. OYMG is a neighborhood gang, limiting its membership to persons that originate from or live in the Waverly neighborhood, and generally excluding “outsiders.” The gang extensively and frequently endorsed and promoted its existence through social media accounts and rap music videos, whereby members would display their association and advertise membership and activities of the gang.
According to court documents, beginning in October 2016, the ATF and the Baltimore City Police Department conducted undercover purchases of crack cocaine and heroin from OYMG members, who generally sold controlled substances at or around drug shops controlled and managed by the OYMG—and in coordination with co-conspirators. According to their plea agreements and other court documents, Jamison, Plummer and other OYMG members sold heroin, powder and crack cocaine, and marijuana in their territory in Waverly and elsewhere. OYMG members regularly carried firearms to defend the gang’s territory and violently expelled OYMG rivals or antagonists. Jamison admitted that he possessed firearms in furtherance of the enterprise, and supplied, maintained, and stored firearms used by OYMG in furtherance of violent crimes. Jamison also admitted that from April 26, 2017 to May 8, 2017, he tampered with evidence by conspiring with a co-conspirator to remove, conceal, and destroy firearms stored in a vehicle. This was corroborated by recorded prison calls in which Jamison instructed a co-conspirator to obtain the key to the vehicle to retrieve unspecified items therein.
As detailed in their plea agreements and court documents, in the summer of 2014, Plummer and other OYMG members became embroiled in a dispute with men from another neighborhood. On July 30, 2014, these men entered OYMG territory to support a female friend engaged in a fight with the sister of an OYMG member. Plummer and other OYMG members assaulted the men, one of whom was stabbed during the fracas (Victim #1). Two days later, the men returned to the area, driven by a female in a white 1999 Mercedes SUV, to confront Plummer and OYMG members in retaliation for the assault on July 30. OYMG members noticed the vehicle from the earlier fight and alerted one another to the presence of the vehicle. As the vehicle circled the block for the third time, Plummer fired multiple shots at the SUV, striking one of the men (Victim #1) in the forehead. Some of the errant bullets fired by Plummer missed their intended target and struck two additional victims. Victim #5 was grazed in the chin and wrist. One bullet struck three-year-old McKenzie Elliott in the head, resulting in her death. Plummer admitted that he was responsible for McKenzie Elliott’s death, although he did not intend to kill her. Jamison admitted that he supplied the gun used that Plummer used to shoot in the confrontation and in the killing of three-year-old McKenzie Elliott.
Plummer and the government have agreed that, if the Court accepts the plea, Plummer will be sentenced to 25 years in federal prison. Jamison and the government have agreed that, if the Court accepts the plea, Jamison will be sentenced to 150 months in federal prison. U.S. District Judge George L. Russell, III has scheduled sentencing for Plummer on February 1, 2019, at 12:30 p.m. and for Jamison on February 9, 2019 at 3:00 p.m. There is no parole in the federal system.
Two other defendants charged in the case are scheduled to go to trial on November 5, 2018.
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.
United States Attorney Robert K. Hur commended the ATF and Baltimore Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys David Metcalf and Michael C. Hanlon, who are prosecuting the case.
# # #
Twenty-One Year Old Sentenced to 33 Months in Prison for Conspiring to Smuggle 12,000 Rounds of Ammunition into MexicoRead the Press Release
TUCSON, Ariz. – On Nov. 1, 2018, Francisco Guerra-Franco, 21, of Los Lunas, NM, was sentenced by U.S. District Judge James A. Soto to 33 months’ prison followed by three years’ supervision. Guerra-Franco had previously pleaded guilty to two charges: facilitation to smuggle goods from the United States and false statements to a federal agent.
On Dec. 26, 2016, Guerra-Franco, who was 19 years old at the time, was pulled over in Nogales, Ariz. for a routine traffic stop. Law enforcement located 12,000 rounds of ammunition in Guerra-Franco’s truck. Further investigation revealed that Guerra-Franco had purchased the ammunition using money wired to his Wells Fargo Bank Account by a co-conspirator living in Mexico. Guerra-Franco intended to meet the co-conspirator in Nogales, Ariz., and the co-conspirator would then smuggle the ammunition into Mexico. Guerra-Franco also made multiple false statements to agents when confronted about three Colt M4 Carbine semi-automatic rifles he had previously acquired.
The investigation in this case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations (HSI), and the Nogales Police Department. The prosecution was handled by Micah Schmit, and Nathaniel Walters, Assistant U.S. Attorneys, District of Arizona, Tucson.
CASE NUMBER: CR-17-01585-JAS-EJM
RELEASE NUMBER: 2018-145_ Guerra-Franco
# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Tucson Resident Sentenced to 94 Months in Prison for Role in Bank Fraud SchemeRead the Press Release
TUCSON, Ariz. – On Nov. 1, 2018, Adam Sheafe, 44, of Tucson, Ariz., was sentenced to 94 months’ prison by United States District Court Judge Raner C. Collins. Sheafe was previously found guilty of conspiracy to commit bank fraud, bank fraud, and aggravated identity theft by a federal jury.
The evidence at trial established that Sheafe used stolen credit card numbers obtained from co-conspirators to process hundreds of transactions through separate merchant accounts at Bank of America and Compass Bank. Sheafe conducted these fraudulent transactions in a short time-frame, and without the knowledge or consent of the actual cardholders. Sheafe rapidly moved the proceeds out of the merchant accounts before the banks discovered the scheme. As a result of the scheme, the financial institutions suffered over $500,000 in losses.
The investigation in this case was conducted by the United States Postal Service and the Federal Bureau of Investigation. The prosecution was handled by the U.S. Attorney’s Office, District of Arizona, Tucson.
CASE NUMBER: CR16-00438 -TUC-RCC
RELEASE NUMBER: 2018-143_Sheafe
# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Trucking School Owner Sentenced to over Four Years for Conspiring to Commit Bribery and Identity Fraud with Dmv EmployeesRead the Press Release
SACRAMENTO, Calif. — Mangal Gill, 58, of San Ramon, was sentenced today by U.S. District Judge Garland E. Burrell, Jr. to 4 years and 3 months in prison for conspiracy to commit bribery and identity fraud, U.S. Attorney McGregor W. Scott announced.
According to court documents, Gill owned Central Truck Driving School, which had locations in Fremont, Lathrop, Fresno, and Salinas. Between April 2012 and April 2015, Gill conspired with employees of the California Department of Motor Vehicles (DMV) and others to fraudulently obtain commercial driver’s licenses (CDL) for Gill’s truck school students and others who did not take or pass the written or the behind-the-wheel driving examinations. Gill received money from those wishing to obtain a CDL and, in turn, paid bribes to the DMV employees, who would access the DMV’s database to alter records indicating that the individuals had passed tests when, in fact, they had not passed them or, in some instances, taken any examination at all. As a result, individuals were able to obtain driver’s licenses, including commercial licenses to operate tractor-trailer trucks and passenger buses, without having taken and passed the requisite written or behind-the-wheel driving tests.
In sentencing Gill, Judge Burrell referred to the criminal conduct as “egregious” and potentially endangering the safety of the public.
This case is the product of a series of ongoing investigations by the Federal Bureau of Investigation; Homeland Security Investigations (HSI); and the California DMV, Office of Internal Affairs. Assistant U.S. Attorneys Todd A. Pickles and Rosanne Rust are prosecuting the case.
Co-defendant Andrew Kimura, a DMV employee, previously pleaded guilty to conspiracy to commit bribery and identity fraud and was sentenced to three years and 10 months in prison. Co-defendant Robert Turchin, a DMV employee, was convicted after a jury trial and is scheduled to be sentenced on November 9, 2018. Co-defendant Pavittar Dosangh Singh pleaded guilty and is also scheduled for sentencing on November 9, 2018. Emma Klem, another DMV employee, and Kulwinder Dosanjh Singh, a broker, also previously pleaded guilty to conspiracy to commit bribery and identity fraud as part of the same investigation in United States v. Klem, 2:15-cr-00139 GEB, and United States v. Kulwinder Dosanjh, 2:15-cr-00146 GEB, respectively. They are scheduled for sentencing on November 16, 2018.
They face a maximum statutory penalty of 5 to 10 years in prison and a $250,000 fine. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Three Puerto Rican Men Arrested on Federal Charges in Dish Network Services Piracy SchemeRead the Press Release
On Nov. 2, a federal indictment against three Puerto Rican men was unsealed after their arrest for their roles in a conspiracy to provide pirated DISH Network (DISH) services to thousands of Puerto Ricans, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Rosa Emilia Rodriguez-Velez for the District of Puerto Rico. DISH is a Colorado based company that provides satellite television to its customers for a fee and has invested heavily in measures to ensure that its services are not intercepted by copyright infringers, also known as pirates.
The three-count indictment charges Arnaldo Vazquez, 41, aka “Naldo,” aka “naldo.dish;” Awildo Jimenez, 36, aka “Wildo,” “joselo626,” and “wildo20;” and Higinio Lamboy, 46, aka “Ingi,” with one count of conspiracy to circumvent protective systems, infringe copyrights and traffic in satellite decryption devices, one substantive count of trafficking in technology designed to circumvent technology copyright protection systems and one substantive count of circumventing a technological measure that protects a copyrighted work.
The indictment describes Vazquez and Jimenez as owners and operators of a company that provided the pirated services to customers who paid a monthly cash fee to receive copyrighted content delivered from DISH satellites and identifies Lamboy as their salesman and repairman for the hardware that they provided to their customers. The indictment further describes a complex scheme to steal the copyrighted content for financial gain through the interception of encrypted DISH signals that were distributed to paying DISH customers and decrypted through DISH-issued hardware. For example, the indictment alleges that the defendants used DISH’s network control words, or decrypted code, and placed them onto an Internet Key Sharing (IKS) server, which was under their control. Placing the control words on the IKS server aided the decryption and distribution of the pirated content. The defendants also provided their customers with receivers that were programmed with software that allowed them to bypass DISH’s anti-piracy measures, which then allowed their customers to connect to the conspirators’ bootleg IKS server to access the copyrighted content.
The indictment alleges that the defendants used online chat forums to discuss their criminal enterprise, resolve technical problems related to their DISH piracy, and facilitate the payment for their criminal deeds and purchase of equipment needed to further their scheme.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case is the result of the investigative efforts of the FBI. The case is being prosecuted by Senior Trial Attorney Kebharu Smith of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) and Assistant U.S. Attorney Nicholas Cannon of the District of Puerto Rico.
Three Puerto Rican Men Arrested on Federal Charges in Dish Network Services Piracy SchemeRead the Press Release
On Nov. 2, a federal indictment against three Puerto Rican men was unsealed after their arrest for their roles in a conspiracy to provide pirated DISH Network (DISH) services to thousands of Puerto Ricans, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Rosa Emilia Rodriguez-Velez for the District of Puerto Rico. DISH is a Colorado based company that provides satellite television to its customers for a fee and has invested heavily in measures to ensure that its services are not intercepted by copyright infringers, also known as pirates.
The three-count indictment charges Arnaldo Vazquez, 41, aka “Naldo,” aka “naldo.dish;” Awildo Jimenez, 36, aka “Wildo,” “joselo626,” and “wildo20;” and Higinio Lamboy, 46, aka “Ingi,” with one count of conspiracy to circumvent protective systems, infringe copyrights and traffic in satellite decryption devices, one substantive count of trafficking in technology designed to circumvent technology copyright protection systems and one substantive count of circumventing a technological measure that protects a copyrighted work.
The indictment describes Vazquez and Jimenez as owners and operators of a company that provided the pirated services to customers who paid a monthly cash fee to receive copyrighted content delivered from DISH satellites and identifies Lamboy as their salesman and repairman for the hardware that they provided to their customers. The indictment further describes a complex scheme to steal the copyrighted content for financial gain through the interception of encrypted DISH signals that were distributed to paying DISH customers and decrypted through DISH-issued hardware. For example, the indictment alleges that the defendants used DISH’s network control words, or decrypted code, and placed them onto an Internet Key Sharing (IKS) server, which was under their control. Placing the control words on the IKS server aided the decryption and distribution of the pirated content. The defendants also provided their customers with receivers that were programmed with software that allowed them to bypass DISH’s anti-piracy measures, which then allowed their customers to connect to the conspirators’ bootleg IKS server to access the copyrighted content.
The indictment alleges that the defendants used online chat forums to discuss their criminal enterprise, resolve technical problems related to their DISH piracy, and facilitate the payment for their criminal deeds and purchase of equipment needed to further their scheme.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case is the result of the investigative efforts of the FBI. The case is being prosecuted by Senior Trial Attorney Kebharu Smith of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) and Assistant U.S. Attorney Nicholas Cannon of the District of Puerto Rico.
Statement of U.S. Attorney John W. Huber to Leaders, Members of Utah Faith CommunitiesRead the Press Release
SALT LAKE CITY – John W. Huber, United States Attorney in Utah, shared the following statement with leaders of Utah’s faith communities Friday afternoon:
“In the wake of the horrific and senseless act of violence that took place in Pittsburgh, I echo the words of our United States Attorney General that hatred and violence on the basis of religion can have no place in our society. As the chief federal law enforcement official in the State of Utah, I promise you that I will bring the full weight of the federal government to bear against anyone who would attempt to violate the most fundamental civil right in our country, the right of citizens to practice a religion of their choosing.
“In addition to that promise, I would be honored to assist you, along with our law enforcement partners, in any proactive planning or discussions regarding the safety of your faith-related buildings and the congregants who assemble inside of them. We would be happy to help provide safety training for your congregations or to assist you in obtaining safety related assessments of your infrastructure from our partners at the FBI and DHS. If you are interested in taking advantage of any of these cost-free assessments or trainings, please contact my deputy Andy Choate, at [email protected].
“Thank you for all that you do for our communities and for your help in ensuring that Utah remains a place where everyone feels safe to worship as they choose.”
Statement of Maryland U.S. Attorney Robert K. Hur on the Successful Resolution of Three Significant Cases in Baltimore in the Last WeekRead the Press Release
“We are facing significant challenges here in Baltimore with drug dealing and violence in our streets, but as we saw this week, with the convictions of eight members of the Barronette drug crew who were responsible for nine murders, and the guilty pleas of the corrupt police officer who worked with GTTF, and the gang member who killed three-year-old McKenzie Elliott, we can make progress. Working together as a community, with our law enforcement partners and with the many courageous law-abiding citizens of Baltimore, we must continue our efforts to stop those who bring violence and drugs to our communities.”
BACKGROUND
The Maryland U.S. Attorney’s office and our law enforcement partners have obtained positive results this week in our efforts to reduce violent crime in Baltimore through the convictions and guilty pleas of 10 violent gang members and one corrupt police officer.
On November 2, 2018, we brought to justice the killer of three-year-old McKenzie Elliott, who was shot to death as she stood on her front porch, when she was struck by an errant bullet during a gang dispute. Terrell Plummer admitted that he killed McKenzie Elliott, and Tyrone Jamison admitted that he supplied the gun used in the shooting. Both men were members of the Old York Money Gang, a violent gang that operated in the Waverly neighborhood and sustained itself largely through the distribution and sale of drugs, as well as through murder and other violent crimes.
On November 1, 2018, former Philadelphia Police officer Eric Snell, pleaded guilty to a drug distribution conspiracy, after three days of trial. Snell admitted to selling drugs seized by members of the disgraced Gun Trace Task Force (GTTF).
On October 31, 2018, after 24 days of trial, a federal jury convicted eight members of Trained To Go (TTG), a violent criminal organization which operated in the Sandtown neighborhood of West Baltimore, whose members engaged in drug distribution and acts of violence including murder, armed robbery, and witness intimidation. Their leader, Montana Barronette, was found personally responsible for seven murders, and in all, the jury found the defendants responsible for a total of nine murders in Baltimore.
# # #
Statement from Attorney General Sessions on the Drug Enforcement Administration’s 2018 National Drug Threat AssessmentRead the Press Release
Today, the Drug Enforcement Administration (DEA) released its 2018 National Drug Threat Assessment, a comprehensive, strategic assessment of the illicit drug threats facing the United States. Attorney General Sessions made the following statement about the report:
“This new report from the DEA confirms that transnational drug cartels and foreign drug labs, working with street gangs, are flooding our communities with drugs like heroin, fentanyl, cocaine, and methamphetamines,” Attorney General Sessions said. “But under the Trump Administration, we are hammering these groups. I have restored commonsense criminal charging and sentencing policies with our prosecutors, surged resources to jurisdictions facing some of the highest levels of violence and drug abuse, and targeted enforcement against the most violent offenders and organizations. Last year, the average federal sentence for drug trafficking rose, and we are already seeing encouraging results. Preliminary data from the CDC shows that drug overdose deaths actually began to decline in late 2017 and opioid prescriptions fell significantly. We also saw an actual decline in homicides and violent crimes in 2017 after increases in 2015 and 2016. Law enforcement is crime prevention—and that's what we're doing every day across America. The Department of Justice will continue to focus resolutely on drug traffickers and protect the American people.”
Background:
According to the report’s summary: “Illicit drugs, as well as the transnational and domestic criminal organizations who traffic them, continue to represent significant threats to public health, law enforcement, and national security in the United States. Drug poisoning deaths are the leading cause of injury death in the United States; they are currently at their highest ever recorded level and, every year since 2011, have outnumbered deaths by firearms, motor vehicle crashes, suicide, and homicide. In 2016, approximately 174 people died every day from drug poisoning.”
As the report also notes:
“National and neighborhood-based street gangs and prison gangs continue to dominate the market for the street-sales and distribution of illicit drugs in their respective territories throughout the country. Struggle for control of these lucrative drug trafficking territories continues to be the largest factor fueling the street-gang violence facing local communities. . . . Gangs’ desire to secure the largest share of the profits and the most lucrative territories for themselves drives violent turf wars that often result in the murder or attempted murder of rival gang members and drug dealers. Firearm-related violence will likely continue to be associated with the illicit drug trade due to the constant turf wars between gangs vying for control of territory. . . . Street gangs are increasingly distributing fentanyl and fentanyl-laced products as the drugs continue to flow into the United States. The monies involved with its street sale, and the demand for fentanyl by the consumers of illicit drugs, encourages gangs to become more involved with selling fentanyl.”
St. John Boat Captain Arrested and Charged with Seaman’s Manslaughter for Causing a Death at SeaRead the Press Release
St. Thomas, USVI – Richard Smith, 65, of St. John, was arrested today on an indictment charging him with seaman’s manslaughter, United States Attorney Gretchen C.F. Shappert announced. Smith made his initial appearance before Magistrate Judge Ruth Miller.
The indictment alleges that on or about October 25, 2015, Smith was the captain and owner of the S/V Cimarron. Through his inattention, negligence and misconduct, Smith allegedly caused the death of David Pontius. According to the indictment, Mr. Pontius was a crewmember aboard the S/V Cimarron when the 43-foot sailing vessel left North Carolina to return to St. John where Smith operates a sailing charter business. During the course of the return voyage, Mr. Pontius allegedly became disoriented, climbed over the rail of the boat, and jumped overboard. The indictment alleges that Smith failed to stop to render assistance. As a result, Mr. Pontius died.
The Seaman’s Manslaughter Statute, 18 U.S.C. § 1115, holds ship officers, maritime vessel owners, and maritime corporate management criminally responsible for conduct that results in death on a vessel within the special maritime and territorial jurisdiction of the United States and within the general admiralty jurisdiction of the federal courts. Ship officers—"[e]very captain, engineer, pilot or other person employed . . . on any vessel"—are accountable for "misconduct, negligence or inattention to . . . duties" that results in a loss of life. If convicted of Seaman’s Manslaughter, Smith faces a maximum sentence of ten years and a $250,000 fine.
The case is being investigated by Coast Guard Investigative Service (CGIS) Chesapeake Region, United States Coast Guard – Marine Safety Detachment (MSD) St. Thomas and prosecuted by Assistant United States Attorney Sigrid M. Tejo-Sprotte.
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 found guilty.
South Bay Resident Charged with Visa Fraud and Mail FraudRead the Press Release
SAN JOSE – A federal grand jury indicted Kishore Kumar Kavuru, charging him with visa fraud and mail fraud, announced United States Attorney Alex G. Tse and Department of Labor Office of the Inspector General Special Agent in Charge Abel Salinas. The indictment, handed down October 18, 2018, and unsealed today, charges the defendant with ten counts of visa fraud and ten counts of mail fraud in connection with a scheme to maintain a pool of foreign workers for the clients of Kavuru’s consulting companies.
According to the indictment, Kavuru, 46, a resident of Sunnyvale, Calif., held himself out as a staffing specialist for technology firms based in Santa Clara County and elsewhere seeking to fill temporary positions with foreign workers. Since at least as early as 2007, Kavuru was the owner and chief executive officer of four consulting companies: Scopus Consulting Group, Inc.; ITECH Analyst Corp; Infinity Methods Corp; and Orian Engineers Incorporated. The indictment describes how Kavuru used the consulting companies to process and submit fraudulent applications for foreign workers to obtain permission to work in the United States under the H-1B visa program. The H-1B Program allows an employer to hire a foreign worker for a specialty occupation in the United States on a temporary basis. Kuvuru allegedly submitted the fraudulent applications through his consulting companies to gain a competitive advantage over other staffing companies that did not have foreign workers immediately available to work.
Under the H-1B visa program, a specialty occupation requires highly specialized knowledge in a certain field and a bachelor’s degree or its equivalent. An employer seeking permission to hire foreign workers under the H-1B program generally must undergo a two-step process. First, the employer must submit to the Department of Labor documentation describing certain aspects of the job to be filled; such documentation generally relates to the existence and duration of the temporary job posting, and the wages, working conditions, and benefits to be provided to the nonimmigrant. Second, the employer must submit additional documentation to the Department of Homeland Security regarding the specific individual hired for the job and details about the specific work project for which they are being petitioned.
In this case, Kavuru allegedly submitted fraudulent documents to both the Department of Labor and the Department of Homeland Security containing details of bogus work projects awaiting the foreign workers. Because many of the applications were ultimately approved, Kavuru had a pool of unemployed H-1B beneficiaries that were immediately available for legitimate work projects, giving him a competitive advantage over other law-abiding staffing companies that followed the sometimes lengthy visa application process for petitioning foreign workers. As part of the scheme, Kavuru required some prospective workers to pay thousands of dollars in cash before he would prepare and submit the visa applications, a violation of Department of Labor regulations. Kavuru also required some workers to wait unpaid, sometimes for months, to be placed at an end-client’s workplace. This process of “benching” workers without pay is also a violation of the Department of Labor’s regulations.
Also described in the indictment is an example of how Kavuru submitted fraudulent documents to the United States to suggest he had a contract to place software engineers to work on a specific project at an employee benefits and health insurance brokerage company. Through his consulting companies, Kavuru submitted and mailed approximately 43 petitions for H-1B software engineers to be placed at the benefits company. In fact, there were no software engineer positions available at the benefits company.
In sum, Kavuru is charged with ten counts of visa fraud, in violation of 18 U.S.C. § 1546(a), and ten counts of mail fraud, in violation of 18 U.S.C. § 1341.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces the following statutory maximum sentence of ten years in prison and a maximum fine of $250,000 (or twice the gross gain or loss, whichever is greater) for each count of visa fraud. The defendant also faces a statutory maximum sentence of 20 years in prison and a fine maximum fine of $250,000 (or twice the gross gain or loss, whichever is greater) for each count of mail fraud. The court also may order as part of a sentence additional fines, terms of supervised release, and restitution, if appropriate. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Kavuru was arrested this morning and made his initial federal court appearance before U.S. Magistrate Judge Susan van Keulen. The defendant was released on bond; Magistrate Judge van Keulen scheduled the defendant’s arraignment and identification of counsel for November 9, 2018.
Assistant United States Attorney Maia Perez is prosecuting the case. The prosecution is the result of an investigation by the U.S. Department of Labor, Office of Inspector General and Homeland Security Investigations.
Sentencings for October 29 - November 1, 2018Read the Press Release
Federal District Court Judge Nancy D. Freudenthal sentenced PASTOR JESUS LOPEZ-MARIANO, 30, of Guanajuato, Mexico on November 1, 2018 for illegal re-entry of a previously deported alien into the United States. Lopez-Mariano was arrested in Cheyenne, Wyoming. He received six months of imprisonment, subject to deportation upon completion of his sentence, and ordered to pay a $100.00 special assessment. The Department of Homeland Security Investigation investigated this case.
Federal District Court Judge Alan B. Johnson sentenced RIGOBERTO DE JESUS LOBO-AVALOS, 48, of El Salvador on October 29, 2018 for illegal re-entry of a previously deported alien into the United States. Lobo-Avalos was arrested in Natrona County, Wyoming. He received twelve months and one day of imprisonment, is subject to deportation upon completion of his sentence, and ordered to pay a $100.00 special assessment. The Department of Homeland Security Investigation investigated this case.
Chief Federal District Court Judge Scott W. Skavdahl sentenced RICARDO ST. VIL (a/k/a Rikado St. Vil, a/k/a Calico Riko), 30, of Opa-Locka, Florida on October 31, 2018 for access device fraud conspiracy. St. Vil was arrested in Miami, Florida. He received thirty-seven months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay restitution in the amount of $222,756.10. The Wyoming Division of Criminal Investigation and the U.S. Secret Service investigated this case.
Schenectady Felon Convicted of Illegally Possessing Handgun and AmmunitionRead the Press Release
ALBANY, NEW YORK – A jury today voted to convict John “Body” Coffin, 49, of Schenectady, New York, for illegally possessing a handgun and ammunition, following a five-day trial. The jury acquitted Coffin on a second charge, of possessing a firearm in furtherance of a drug trafficking offense.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
The evidence at trial established that Coffin provided a Walther P22 .22 caliber firearm, which he described as “the murderer’s gun,” and nine rounds of ammunition to another man in Schenectady, New York.
Coffin could not possess the handgun or ammunition because of prior felony convictions for drug and assault offenses. As a result of this jury conviction, Coffin is an Armed Career Criminal. He faces at least 15 years and up to life in prison when he is sentenced by Senior United States District Judge Thomas J. McAvoy on March 11, 2018. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This prosecution resulted from an investigation by the Capital District Safe Streets Task Force, which includes members of the FBI, United States Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the New York State Police, the Schenectady Police Department, the Schenectady County District Attorney’s Office, the New York State Department of Corrections and Community Supervision, the Albany County Sheriff’s Office, and the New York Air National Guard.
The case is being prosecuted by Assistant United States Attorney Wayne A. Myers.
Ruskin Man Pleads Guilty to Wire FraudRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that Jeffrey Perry (56, Ruskin) has pleaded guilty to one count of wire fraud. Perry faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, Perry was involved in promoting and seeking investors in Life Link Travel, Inc. Perry indicated to investors that Life Link was going to open an online travel club portal and website. He often appealed to investors’ religious beliefs, telling them that their profits from Life Link would allow them to donate to worthy religious charities.
Between 2009 and 2014, Perry promoted this investment opportunity to various investors. Most of the funds came through wire transfers from investors outside of Florida, into Perry’s bank accounts in Florida. The Life Link website and portal never commenced operation.
Investors were unaware that the large majority of funds that Perry had persuaded them to “invest” in Life Link actually funded Perry’s gambling and other personal expenses.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.
Romanian Indicted in Pittsburgh for Bank Fraud Scheme that Used ATM Skimming DevicesRead the Press Release
PITTSBURGH - A citizen of Romania has been indicted by a federal grand jury in Pittsburgh on charges of conspiracy and bank fraud, United States Attorney Scott W. Brady announced today.
The two-count indictment, returned on Nov. 1, named Elvis E. Roman, age 33, of Romania.
According to the indictment, in September and October 2018, Roman participated in a conspiracy and scheme to defraud banks in Western Pennsylvania. As part of the scheme, participants installed ATM skimming devices designed to fraudulently obtain the account information associated with cards inserted into the targeted ATM machines. Using that account information, participants created cloned ATM cards and fraudulently withdrew funds from ATM machines maintained by banks in Washington County.
The law provides for a maximum total sentence of up to 30 years in prison, a fine of up to $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Jeffrey R. Bengel is prosecuting this case on behalf of the government.
The United States Secret Service and the Cecil Township, Peters Township, and South Strabane Township Police Departments conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Riverview Man Arrested for Defrauding Local Credit UnionsRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Richard E. Bowe (40, Riverview) with four counts of making false statements to federally insured credit unions. If convicted, Bowe faces a maximum penalty of 20 years in federal prison on each count. The indictment also notifies Bowe that the United States intends to forfeit $96,184.13, which is alleged to be the proceeds of the charged criminal conduct.
According to the indictment, between January and early March 2015, Bowe sought a number of loans from credit unions. In his loan applications, he falsely indicated that he was employed by the United States Army Contracting Command as a Deputy Inspector General, and that he was earning a monthly salary in excess of $14,000. Bowe also falsified information about his military service and VA benefits.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Tampa Police Department, the United States Department of Veteran’s Affairs Office of Inspector General, and the Defense Criminal Investigation Service. It will be prosecuted by Assistant United States Attorney Jay L. Hoffer.
Riverton Woman Pleads Guilty to Bank FraudRead the Press Release
COUNCIL BLUFFS, Iowa – Carol S. Jennings, age 57, of Riverton, pleaded guilty on November 1, 2018, to Bank Fraud, announced United States Attorney Marc Krickbaum. In the plea agreement, Jennings admitted that while employed as the clerk for the City of Riverton, she opened an account with a local bank by providing a falsified document. Jennings also admitted to depositing city funds into the account and converting almost the entire balance for her own personal use.
A sentencing date of February 20, 2019 has been scheduled. Jennings faces a possible maximum sentence of not more than thirty years imprisonment, a fine not to exceed $1,000,000, up to five years of supervised release following release from imprisonment, a $100 special assessment to the Crime Victims’ Fund, and restitution.
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.
Reserve Man Sentenced to 4 Years in Prison for Cocaine ConspiracyRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Peter G. Strasser announced that GARRICK JONES, age 39, of Reserve, was sentenced yesterday for charges relating to narcotics trafficking, retaliation against a witness, and firearm possession.
JONES pled guilty on October 12, 2017, to conspiring with others to distribute at least 28 grams of cocaine base (“crack”), and to retaliating against a witness for information provided to law enforcement relating to the commission of a federal offense. JONES, who was previously convicted of a felony, also pled guilty to illegal possession of a firearm by a felon. JONES possessed a Smith and Wesson .38 caliber pistol.
Judge Jane Triche Milazzo sentenced JONES to 48 months in the Bureau of Prisons, as well as 4 years of supervised release following the term of imprisonment.
U.S. Attorney Strasser praised the work of the Drug Enforcement Administration and the St. John the Baptist Parish Sheriff’s Office. Assistant U.S. Attorneys Nicholas D. Moses and Edward Rivera are in charge of the prosecution.
* * *
Repeat Felony Offender Sentenced to 7 Years for Gun PossessionRead the Press Release
LOUISVILLE, Ky. – United States District Judge Rebecca Grady Jennings sentenced Rodney W. Davis, a criminal with nine prior felony convictions, to 84 months imprisonment, followed by 3 years of supervised release for possession of a firearm and ammunition, announced United States Attorney Russell M. Coleman. There is no parole in the federal system.
“This sentence is what results from real collaboration between the feds, state, and local law enforcement; we’re aggressively targeting the most dangerous career offenders and getting them off of the streets of our city,” said United States Attorney Russell M. Coleman.
Davis, 51, from Louisville, Kentucky admitted in plea agreement on June 26, 2018 to being a prohibited person in possession of a firearm.
The prosecution came as part of a traffic violation occurring on November 12, 2016 at approximately 12:55 a.m. when two Louisville Metro Police Department Detectives observed a white 2003 Chrysler minivan make a right turn onto South Preston Street from West Camp Street without using a turn signal. The minivan, driven by Davis, subsequently turned left onto eastbound Camp Street without using a signal (again) and then made an illegal U-turn blocking both lanes of Camp Street. The detectives made a traffic stop and could plainly observe Davis making movements with his hands toward the center console of the car. Davis ignored demands by the officers to “show your hands.” One of the officers opened the driver door and assisted Davis out of the vehicle. While doing so, he noticed a plastic baggie in Davis’ left hand which contained a white powdery substance. The baggie turned out to contain 4.2 grams of crack cocaine.
Based upon the probable cause established by the apparent presence of controlled substances in the car, a search of the van revealed a “handle up” Kel-Tec semi-automatic .32 caliber handgun between the driver’s seat and the center console of the vehicle. When officers ran the serial number of the gun through NCIC, the results confirmed that the gun was stolen.
Davis was previously convicted in state court of complicity to trafficking cocaine in 2013, possession of a controlled substance (cocaine) in 2007, possession of a controlled substance (cocaine) in 2006, possession of a controlled substance (cocaine) 2002, possession of a controlled substance (cocaine) in May of 1997 and again in November of 1997, sexual abuse in 1990, and possession of a controlled substance in 1988.
The case was prosecuted by Assistant United States Attorney Randy Ream and investigated by the Louisville Metro Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
#####
The U.S. Attorney’s Office is partnering with federal, state, local law enforcement to specifically identify the criminals responsible for significant violent crime in the Western District of Kentucky. A centerpiece of this effort is Project Safe Neighborhoods, a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone.
Repeat Drug Offender Pleads Guilty to Trafficking 5 Different DrugsRead the Press Release
PITTSBURGH, Pa – A former resident of West Mifflin, Pa., pleaded guilty in federal court to a federal narcotics charge, United States Attorney Scott W. Brady announced today.
Stanley Church, 47, pleaded guilty on Wednesday to one count of possession with intent to distribute quantities of heroin, fentanyl, cocaine, MDMA, and Psilocyn mushrooms before United States District Judge Cathy Bissoon.
In connection with the guilty plea, the court was advised that on March 17, 2017, Allegheny County Police detectives went to execute a search warrant on the person of Stanley Church and his vehicle. This search warrant was approved after investigators observed Church trafficking drugs out of this same vehicle. Investigators conducted a traffic stop on Church and then began to search his car. Inside Church’s car investigators found quantities of heroin, fentanyl, cocaine, MDMA, and Psilocyn mushrooms, drug packaging material, scales, and other paraphernalia. Church has previously been convicted of state and federal narcotics offenses.
Judge Bissoon scheduled sentencing for March 13, 2019. The law provides for a maximum sentence of up to 30 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior record of the defendant.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Assistant United States Attorney Timothy Lanni is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation – Western District of Pennsylvania Opioid Task Force conducted the investigation leading to the guilty plea in this case. This Task Force is comprised of FBI Special Agents and state and local Task Force Officers, including officers from the Pittsburgh Bureau of Police, Allegheny County Sherriff’s Department, Allegheny County Police, Port Authority Police, Munhall Police Department, McKees Rocks Police Department, West Mifflin Police Department, and Pennsylvania Attorney General’s Office.
Repeat Drug Felon Sentenced to 151 Months on Meth ChargeRead the Press Release
MACON -- United States Attorney for the Middle District, Charles E. Peeler, announced today that Nathaniel Gordy, 31 of Macon, was sentenced to 151 months in prison for possession of methamphetamine with intent to distribute on October 30, 2018. U.S. District Court Judge Tilman E. Self, III handed down the sentence in Macon federal court.
Bibb County authorities conducted a traffic stop after Mr. Gordy ran a red light on July 14, 2017. Law enforcement smelled an odor of marijuana coming from the vehicle, and during a search, observed a loaded Taurus, 9mm semi-automatic pistol underneath the front passenger seat. They also discovered loose marijuana. In the trunk, officers located a sentry safe holding what was later tested and identified as 403.39 grams of methamphetamine. Marijuana found was tested and confirmed to be 6,133.4 grams or approximately thirteen pounds of marijuana. Mr. Gordy has two prior felony convictions for possession of marijuana with intent to distribute.
“This is a significant sentence handed down by a federal judge this week,” said Charles Peeler, United States Attorney for the Middle District. “Significant because it shows that repeat drug distributors will not be tolerated in Georgia. Methamphetamine is a drug that is ruining lives in our communities, every day, and its manufacture and distribution must be stopped. I want to thank the Bibb County Sheriff’s Office and the ATF for their work.”
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
The case was investigated by the Bibb County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives and was prosecuted by Assistant U.S. Attorney Kimberly Easterling.
Questions regarding this case should be addressed to Pamela Lightsey, Public Information Officer, at 478-731-1824 or [email protected] or Melissa Hodges, Public Affairs Director (Contract), at (478) 765-2362 or [email protected].
Recidivist Sex Offender Sentenced to 15 Years in Prison for Downloading Child PornographyRead the Press Release
A Fairfax, Virginia man was sentenced today to 15 years in prison for downloading child pornography, followed by a lifetime term of supervised release, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia and Assistant Director in Charge Nancy McNamara of the FBI’s Washington Field Office announced.
Christopher James Tator, 31, a newspaper carrier, was sentenced by Senior U.S. District Judge T.S. Ellis III of the Eastern District of Virginia. In August, Tator pleaded guilty to one count of receipt of child pornography by a person with a prior conviction relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor.
According to court documents, Tator was discovered by the FBI making child pornography files available over an Internet file-sharing network. A computer forensic examination of devices seized from Tator’s residence during a search warrant revealed that he had used a computer to download child pornography videos from a Dropbox cloud storage account. Tator’s devices also contained hundreds of thumbnail images of children being sexually abused, many of which depicted the sexual abuse of infants. Tator is a registered sex offender as a result of a 2010 Prince William County conviction of attempting to take indecent liberties with children.
The case was investigated by the FBI Washington Field Office’s Child Exploitation and Human Trafficking Task Force, with assistance from the High Technology Investigative Unit (HTIU) of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). CEOS Trial Attorney Kyle P. Reynolds prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Queens Resident Sentenced to 30 Months’ Imprisonment for Smuggling Counterfeit Apparel into the United States from ChinaRead the Press Release
Earlier today, in federal court in Brooklyn, Su Ming Ling, a resident of Queens, New York, was sentenced by United States District Judge Carol Bagley Amon to 30 months’ imprisonment and ordered to pay $12,905.67 in restitution for one count of fraudulent importation and transportation of goods and one count of conspiracy to traffic in counterfeit goods. The charges arose out of Ling’s participation in a scheme to import more than 200 shipping containers of counterfeit brand-name apparel from the People’s Republic of China. In aggregate, the counterfeit apparel imported by the defendant and his co-conspirators between May 2013 and January 2017, if sold in the United States as genuine, would have retailed for an estimated $297 million. Ling pleaded guilty to the charge on January 5, 2018.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Brian Michael, Special-Agent-in-Charge, U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) Newark Division, and Troy Miller, Director, U.S. Customs and Border Protection (CBP), New York Field Office, announced the sentence.
“With today’s sentence, Ling has been held responsible for illegally importing millions of dollars’ worth of knockoff goods that displace consumer demand for companies’ genuine products,” stated United States Attorney Donoghue. “This Office is committed to prosecuting counterfeit traffickers like the defendant whose criminal conduct causes harm to the American economy.”
“Homeland Security Investigations (HSI) is committed to ensuring the integrity of the legitimate trade, travel and financial systems of the United States,” stated HSI Special Agent-in-Charge Michael. “This defendant smuggled massive amounts of counterfeit goods into the country, harming legitimate businesses and shortchanging consumers who thought they were getting authentic products. HSI aggressively targets transnational criminal organizations that profit from smuggling counterfeit merchandise, seizing their illicit goods and arresting those responsible.”
“These seizures by U.S. Customs and Border Protection provided the critical link to an ongoing investigation that resulted in the takedown of an elaborate criminal enterprise,” stated CBP Director Miller. “It is through our interagency partnerships, and collaborative approaches like the one leading to today’s sentence, that law enforcement successfully combats modern criminal organizations.”
The 211 shipping containers Ling smuggled into the United States included counterfeit goods, such as Nike shoes, UGG boots and NFL jerseys. As part of the scheme, Ling used aliases to register and create numerous Internet domain names and email addresses that resembled the Internet domain names of real U.S. businesses. Ling also hired CBP-licensed customs brokers to file customs entry forms on behalf of the businesses whose identities he had stolen and provided those customs brokers with falsified shipping documents. The counterfeit goods were distributed to locations in Brooklyn, Queens and New Jersey, among other areas.
The government’s case is being handled by the Office’s National Security and Cybercrime Section. Assistant United States Attorneys Ian C. Richardson and Alexander Mindlin are in charge of the prosecution.
The Defendant:
SU MING LING
Age: 50
Middle Village, New YorkE.D.N.Y. Docket No. 17-CR-541
Press Release by United States Attorney Relating to November 2018 ElectionsRead the Press Release
United States Attorney SHAWN N. ANDERSON announced today that Assistant United States Attorney (AUSA) Marivic P. David will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general election. AUSA David has been appointed to serve as the District Election Officer (DEO) for the District of Guam and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Anderson said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Anderson stated that AUSA/DEO David will be on duty in this District while the polls are open. Ms. David can be reached by the public by calling 479-4120.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public by calling Special Agent Joshua Kipp at 472-7465 or 645-1806.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney Anderson said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
Pittsburgh Man Charged with September 2018 Robbery of West Mifflin PNC BankRead the Press Release
PITTSBURGH, PA – A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of bank robbery, United States Attorney Scott W. Brady announced today.
The one-count indictment, returned on Oct. 31, named Barry Daniels, 29, as the sole defendant.
According to the indictment, on or about September 12, 2018, Richards robbed the PNC Bank at 4917 Homeville Road, West Mifflin, PA 15122.
The law provides for a maximum total sentence of 20 years in prison, a fine of $250,000, 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 Rebecca L. Silinski is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the West Mifflin Police Department, and the Turtle Creek Police Department conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pinon Brothers Sentenced to 108 Months for Distributing MethamphetamineRead the Press Release
PHOENIX– On Oct. 29, 2018, brothers Corwin Haskan, 21 and Corey Irving Haskan, 22 of Pinon, Ariz., were sentenced by U.S. District Judge Diane J. Humetewa to108 months’ imprisonment. Both had previously pleaded guilty to possession with the intent to distribute 500 grams or more of methamphetamine.
In July 2017, the Navajo Nation Police searched the home of Corwin and Corey Haskan and seized approximately 4 pounds of methamphetamine, numerous firearms and over $50,000. The Haskan brothers each admitted their intent to distribute methamphetamine to another person. Corwin and Corey Haskan are members of the Navajo Nation.
Navajo Nation Criminal Investigations and the Federal Bureau of Investigation conducted the investigation. The prosecution was handled by Kiyoko Patterson, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-18-8026-PCT-DJH
RELEASE NUMBER: 2018-144_Haskan
# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Owner of Charter Bus Company Arrested and Charged for Bribing Federal Safety InspectorRead the Press Release
BOSTON – The owner of a charter bus company operating in Massachusetts was arrested yesterday on charges of bribing a federal safety investigator in order to influence the safety review of the passenger buses. The safety manager of the company was previously arrested on the same charges.
Le Wen Wu, 49, and Yat Kuen Chan, aka “Andy,” 41, both of Quincy, were charged in an indictment unsealed yesterday with one count conspiracy to pay an unlawful gratuity and to bribe a public official, one count of unlawful gratuities to a public official, and three counts of bribery of a public official. Wu, the owner of the company, was released on conditions following an initial appearance yesterday before U.S. Magistrate Judge M. Page Kelly. Chan, the safety manager of the company, was arrested on a criminal complaint on Sept. 19, 2018, and has been released on conditions since that time. He is scheduled to be arraigned on Nov. 7, 2018.
As alleged in charging documents, L&W Travel Inc. was a passenger bus charter company purportedly located on Cambridge Street in Boston. Wu was the owner, president, treasurer, secretary, vice president and director of L&W, and Chan acted as the safety manager. In January 2018, L&W applied to register as a charter bus company with the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA, which is part of the U.S. Department of Transportation, establishes and enforces safe operating requirements for motor carriers, including mandatory safety audits within the first year of operation. Between January and July 2018, the FMCSA made several unsuccessful attempts to contact L&W to complete its registration process, including scheduling a safety inspection. In July 2018, having received no response from L&W, FMCSA sent them an Order revoking their registration and requiring L&W to cease all interstate transportation. Thereafter, a representative of L&W contacted FMCSA and scheduled a safety audit and compliance review on July 26, 2018.
The charging documents allege that on multiple occasions in July and August 2018, Wu and Chan gave a total of $2,800 in cash to an FMCSA safety investigator to influence the investigator’s compliance review and safety audit of L&W. For example, on Aug. 1, 2018 Chan allegedly gave the investigator $600 so that the investigator would not place an L&W bus immediately out of service based on two significant safety violations – inadequate brakes and a defective emergency exit door – but rather, would allow L&W to fix the brakes in Massachusetts and drive the bus to New Jersey for repair of the door.
The charge of conspiracy to pay unlawful gratuity and to bribe a public official provides for a sentence of no greater than five years in prison, one year of supervised release and a fine of $250,000. The charge of unlawful gratuities to a public official provides for a sentence of no greater than two years in prison, one year of supervised release and a fine of $250,000. The charge of bribery of public officials provides for a sentence of no greater than 15 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Douglas Shoemaker, Special Agent in Charge of the U.S. Department of Transportation’s Office of Inspector General; and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney Kristina Barclay of Lelling’s Public Corruption and Special Prosecutions Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Opa-Locka Resident Sentenced to 63 Months in Prison for Possession of an Unregistered FirearmRead the Press Release
An Opa-Locka resident was sentenced yesterday to 63 months in federal prison, after having been convicted at trial of possession of an unregistered firearm.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, Ari C. Shapira, Special Agent in Charge, United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, and Daniel Giustino, Chief, Pembroke Pines Police Department, made the announcement.
On February 9, 2017, Adrian Tremayne Wilson, 39, of Opa-Locka, was convicted at trial by a federal jury of possession of an unregistered firearm, commonly referred to as a sawed-off shotgun, in violation of Title 26, United States Code, Sections 5861(d) and 5871. Yesterday, United States District Judge William J. Zloch sentenced Wilson to 63 months in prison followed by 3 years of supervised release.
According to court records, including evidence presented during the defendant’s trial, on June 12, 2016, an officer of the Pembroke Pines Police Department approached Wilson inside a Speedway gas station and convenience store intending to issue traffic citations to him. Before Wilson pulled into the gas station, he had been observed speeding and committing other traffic infractions. When the officer asked Wilson for his driver’s license, Wilson began cursing at the officer, calling him a racist, claiming he was being harassed, and he refused to provide his driver’s license, which at the time he had in his pocket.
The officer told Wilson that if he refused to produce his driver’s license, he would be arrested. Wilson replied, “Then arrest me.” After Wilson was arrested, the officer impounded his vehicle. During a routine inventory of the contents of Wilson’s vehicle, the officer discovered a firearm located next to the driver’s seat. The firearm was loaded with four 12 gauge shotgun shells, one of which was in the firing chamber. The firearm was not registered to Wilson in the National Firearms Registration and Transfer Record as required by law.
This case stems from Project Safe Neighborhoods (PSN), a program that brings 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.
U.S. Attorney Fajardo Orshan commended the investigative efforts of ATF and the Pembroke Pines Police Department. This case was prosecuted by Assistant U.S. Attorney William T. Shockley.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov
Northrop Grumman Systems Corporation to Pay $27.45 Million to Settle False Claims Act AllegationsRead the Press Release
The Justice Department announced today that Northrop Grumman Systems Corporation (NGSC) has agreed to settle civil allegations that it violated the False Claims Act (FCA), 31 U.S.C. §3729, by overstating the number of hours its employees worked on two battlefield communications contracts with the United States Air Force. Under the settlement, NGSC, headquartered in Falls Church, Virginia, will make a payment of $25.8 million, which, combined with earlier repayments, will result in a civil recovery of approximately $27.45 million.
“Contractors that knowingly inflate their bills to the government will face serious consequences,” said Assistant Attorney General Joseph H. Hunt for the Department of Justice’s Civil Division. “This settlement demonstrates, once again, that we will not tolerate those who falsely charge the armed forces or any agency of the United States to illegally profit at the expense of the American taxpayer.”
“Federal contracts are not a license to steal from the U.S. Treasury,” said U.S Attorney Adam Braverman. “DOJ is firmly committed to vigilantly weeding out abuse and will swiftly pursue all available remedies when egregious fraud occurs.”
“Air Force OSI’s Office of Procurement Fraud is dedicated to protecting the taxpayer’s interests worldwide while safeguarding the needs of the warfighter. This investigation is a testament to AFOSI’s global reach, and to our partnerships with DCIS and the FBI which allowed us to meticulously unravel this international conspiracy to defraud the U.S. Air Force,” said Jason T. Hein, Special Agent in Charge of the Air Force OSI Office of Procurement Fraud, Detachment 6.
“We are committed to ensuring the funds of the American people are used for their intended purpose,” stated John Brown, Special Agent in Charge of the San Diego Field Office - Federal Bureau of Investigation. “This is another example of the incredible partnerships between the FBI and our Department of Defense counterparts. Together, uncovering this immense fraud against the government and returning the funds to the American taxpayer is vitally important to ensuring our military receives the honest services they are due.”
The Air Force entered into two contracts with NGSC for battlefield communications services: the Battlefield Airborne Communications Node contract and the Dynamic Re-tasking Capability contract. Today’s settlement resolves allegations that NGSC billed the Air Force for labor hours purportedly incurred between July 1, 2010, and December 31, 2013, by individuals stationed in the Middle East who had not actually worked the hours claimed. NGSC also entered into a separate agreement with the Criminal Division of the U.S. Attorney’s Office for the Southern District of California related to these contracts under which it has agreed to forfeit an additional $4.2 million.
The civil settlement was the result of a coordinated effort by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Southern District of California, the Defense Contract Audit Agency, the Air Force Office of Special Investigations, the Defense Criminal Investigative Service, and the Air Force Materiel Command Law Office Fraud Division.
Except for the conduct admitted in connection with the criminal agreement, the claims resolved by the civil agreement are allegations only, and there has been no determination of civil liability
Northrop Grumman Subsidiary Agrees to Pay $31.65 Million for Overbilling U.S. Air Force in Civil and Criminal SettlementsRead the Press Release
NEWS RELEASE SUMMARY – November 2, 2018
SAN DIEGO – Northrop Grumman Systems Corporation (“NGSC”), a subsidiary of the Northrop Grumman Corporation, with offices in San Diego, California, agreed today to pay a total of $31.65 million to settle civil and criminal investigations into fraud arising out of its Battlefield Airborne Communications Node (“BACN”) and Dynamic Re-tasking Capability (“DRC”) contracts with the United States Air Force. NGSC agreed to pay $27.45 million to settle civil allegations that it violated the False Claims Act by overstating the number of hours its employees worked on the BACN and DRC contracts with the United States Air Force. Additionally, NGSC agreed to forfeit $4.2 million in a separate agreement to resolve a criminal investigation into fraudulent billing on the BACN contract. In exchange for admitting its employees’ misconduct, making full restitution, and agreeing to cooperate in the ongoing criminal investigation, no criminal charges will be filed against NGSC.
(see the agreement HERE )
In the agreement resolving the criminal investigation of NGSC, the company admitted that its employees deployed to an air base in the Middle East defrauded the Air Force by overbilling time charged to the BACN contract. Specifically, from January 2011 to October 2013, NGSC employees charged exactly 12 or 13.5 hours per day, seven days a week, despite the fact that the employees were not working those hours. NGSC admitted that its employees billed time to the BACN contract when its employees were not working and engaged in leisure activities, such as golfing, skiing, visiting local amusement parks, going out to eat or drink, shopping, and enjoying various amenities at the five-star hotels where the employees were housed.
By inflating their time, the employees working on the BACN contract personally profited and were paid thousands of dollars that they did not earn. In an email, one NGSC employee summed up the billing practices by saying that they “work[ed] about 6-8 hours and charge[d] 13.” NGSC admitted that its employees working on the BACN contract overbilled the United States by more than $5 million at one site alone.
“Federal contracts are not a license to steal from the U.S. Treasury,” said U.S. Attorney Adam Braverman. “DOJ is firmly committed to vigilantly weeding out abuse and will swiftly pursue all available remedies when egregious fraud occurs.”
“Air Force OSI’s Office of Procurement Fraud is dedicated to protecting the taxpayer’s interests worldwide while safeguarding the needs of the warfighter. This investigation is a testament to AFOSI’s global reach, and to our partnerships with DCIS and the FBI which allowed us to meticulously unravel this international conspiracy to defraud the U.S. Air Force,” stated Jason T. Hein, Special Agent in Charge of the Air Force OSI Office of Procurement Fraud, Detachment 6.
“We are committed to ensuring the funds of the American people are used for their intended purpose,” stated John Brown, Special Agent in Charge of the San Diego Field Office - Federal Bureau of Investigation. “This is another example of the incredible partnerships between the FBI and our Department of Defense counterparts. Together, uncovering this immense fraud against the government and returning the funds to the American taxpayer is vitally important to ensuring our military receives the honest services they are due.”
Chris Hendrickson, Special Agent in Charge of the Western Field Office, Defense Criminal Investigative Service, said: “This settlement demonstrates how defense contractors will be held accountable for making false claims to the United States. DCIS is committed to working with its law enforcement partners and the Department of Justice to aggressively investigate such matters, and the recovered funds can now be properly used to support the men and women of our Armed Forces.”
Except for the conduct admitted in connection with the criminal agreement, the claims resolved by the civil agreement are allegations only, and there has been no determination of civil liability.
The civil investigation was handled by Assistant U.S. Attorneys Joseph Price and Douglas Keehn and Benjamin C. Wei, Senior Trial Counsel, Fraud Section, Civil Division, Department of Justice.
The criminal investigation was handled by Assistant U.S. Attorneys Michelle L. Wasserman, Billy Joe McLain, Mark W. Pletcher, and Phillip L.B. Halpern.
AGENCIES
Air Force Office of Special Investigations
Defense Criminal Investigative Service
Federal Bureau of Investigation
Defense Contract Audit Agency
Air Force Materiel Command Law Office Fraud Division
Northern Floridians May Report 2018 Election Violations to U.S. Attorney's OfficeRead the Press Release
TALLAHASSEE, FLORIDA – United States Attorney Christopher P. Canova will lead the efforts of the United States Attorney's Office, Northern District of Florida, in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general election. As District Election Officer, United States Attorney Canova is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses, in consultation with Justice Department Headquarters in Washington.
To respond to complaints of election fraud or voting rights abuses on November 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Canova will be on duty as District Election Officer in the Northern District of Florida while the polls are open. He can be reached at 850-942-8430.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached at 904-248-7000.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or 202-307-2767, by fax at 202-307-3961, by e-mail at [email protected], or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney Christopher P. Canova said, “The freedom to exercise the right to vote is the cornerstone of American democracy. Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division. The Department of Justice will act aggressively to ensure that those who are entitled to vote may do so and that those who seek to corrupt the integrity of the process are brought to justice.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
New Zealand Man Sentenced to Five Years for Transporting Child PornographyRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Bobby Mataara Owens, 41, of Turangi, New Zealand, was sentenced on Wednesday in U.S. District Court by Chief Judge Nancy Torresen to five years in prison and by ten years of supervised release for transporting child pornography. Owens pleaded guilty on September 1, 2017.
According to court records, in December 2016, a federal agent in Maine was investigating the sharing of child pornography over the internet. The agent chatted online with Owens, who sent the agent several images of minors engaged in sexually explicit conduct. Further investigation revealed that Owens was using an IP address assigned to a residence in Valley Village, California. A federal search warrant was obtained for the residence and executed later the same day. Owens was present at the residence, and admitted to investigators that he had sent the images to the agent earlier in the day.
The case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the FBI and the Los Angeles, California Police Department. The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Mississippi Man Sentenced to 46 Months in Federal Prison for Possession with Intent to Distribute Synthetic CannabinoidsRead 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 Clarence Benard Willis on September 18, 2018 to serve a term of imprisonment of 46 months followed by 3 years of supervised release for the possession with the intent to distribute FUB-AMB in violation of 21 USC § 841(a)(1) 813, 802(32)(A). The defendant previously plead guilty on July 25, 2018.
On September 13, 2016, Homeland Security Investigations along with the United States Postal Service began an investigation of Willis for the illegal importation of Synthetic Cannabinoids, a Schedule I controlled substance, into the United States from China. On the date of the incident, a package destined for Gulfport, MS came through the United States Postal Services in Mobile, Alabama. The package was an international parcel coming from China. The package was suspicious and was opened by a Special Agent with Homeland Security Investigations (HSI) under his extended border search authority.
The package was found to contain approximately one kilogram of a substance called FUB-AMB, a controlled substance analogue of AB-FUBINACA, a Schedule I controlled substance. Controlled substance analogues are not scheduled controlled substances. However, Title 21 of the United States Code states that if a substance that is not a listed controlled substance has a chemical structure of which is substantially similar to the chemical structure of a controlled substance and has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance, and it intended for human consumption, it can be charged as a controlled substance analogue. The statute essentially prevents rogue chemists from slightly tweaking the chemical structure of a controlled substance and then claiming the substance is not a controlled substance and thus not illegal to sell.
United States Attorney Moore stated that synthetic cannabinoids, often shipped into the United States from China, are typically sprayed with a variety of chemicals. The chemicals can cause a severe physical reaction, and even death, when ingested by the user. Often times the users have no idea what dangerous chemicals they are ingesting. Moore further stated that his office would continue to aggressively prosecute individuals and organizations that import into the United States and distribute these dangerous analogues. Moore added that foreign shippers of these dangerous drugs are also not necessarily beyond the reach of his office if sufficient evidence is developed and the extradition process is successful.
The case was investigated by the Department of Homeland Security, Homeland Security Investigations, the United States Postal Service, and the Mobile County Sheriff’s Office Narcotics Unit. The Drug Enforcement Administration Laboratory was also extremely helpful in providing experts that were prepared to testify that FUB-AMB is a controlled substance analogue of AB-FUBINACA, a Schedule I controlled substance. The case was prosecuted by Organized Crime Drug Enforcement Task Force (OCDEFT) Lead Attorney, Assistant United States Attorney George F. May and Assistant United States Attorney Lawrence J. Bullard for the United States Attorney’s Office for the Southern District of Alabama. AUSA May commended all the investigators and specifically Dr. Terrence Boos the Section Chief of the Drug Chemical Evaluation Section of the Drug Enforcement Administration laboratory for his support in providing expert advice and expert witnesses for the case.
Mission Man Indicted on Assault ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assault With a Dangerous Weapon and Assault Resulting In Serious Bodily Injury.
Francis Dog Soldier, age 36, was indicted on September 11, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 25, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on May 4, 2018, Dog Soldier assaulted an individual with shod feet with the intent to do bodily harm, and the assault resulted in serious bodily injury.
The charges are merely accusations and Dog Soldier is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Dog Soldier was released pending trial. A trial date has not been set.
Mission Man Charged with Burglary and LarcenyRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Third Degree Burglary and Larceny.
Preston White Feather, age 22, was indicted on June 12, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 26, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 9, 2018, in Mission, White Feather unlawfully entered Todd County High School and stole property valued at over $1,000.
The charges are merely accusations and White Feather is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
White Feather was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Minkler announces arrests in Project Safe Neighborhoods InitiativeRead the Press Release
Indianapolis - United States Attorney Josh Minkler and Trevor Velinor, ATF Special Agent in Charge of the ATF Columbus Field Division today announced the results of an anti-violence initiative called Project Safe Neighborhoods (PSN). The goal of PSN, working together with federal, state and local law enforcement is to reduce the number of criminal homicides and non-fatal shootings in the Evansville area.
Focusing our law enforcement resources on the most violent in our society will reduce crime, save lives and help make our neighborhoods safer,” said Minkler. “Those who choose to terrorize Southwestern Indiana with gun violence should know ahead of time, federal law enforcement is watching and will respond with federal resources.”
The United States Attorney Evansville Division team led by Deputy Chief Todd Shellenbarger has demonstrated steeled determination to target the area’s most violent and habitual gun-toting felons for federal prosecution. This renewed focus has yielded over 33 federal firearms cases in 2018, 22 of which were based in the Evansville PSN district. These cases were investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Evansville Police Department, the Vanderburgh County Sheriff’s Department, the Indiana State Police, and the Vanderburgh County Prosecutor’s Office.
In support of the PSN program, and to assist and strengthen the efforts of local enforcement to reduce violent crime in Evansville, the ATF sent a surge of resources to Evansville between July 24 and September 24, 2018. During this time period, five additional ATF agents and Task Force Officers were assigned to the Evansville ATF office. These additional agents and officers teamed up with Evansville police officers to aggressively pursue firearms cases in Evansville. The surge resulted in the arrest and prosecution of numerous suspects for federal and state charges.
Federal defendants facing firearm and drug-related charges as a result of the surge include:
Charles C. Baughn, 35, Vincennes, Indiana
Gary Bentley Jr., 51, Evansville, Indiana
Joseph Byers Jr., 35, Boonville, Indiana
Jamal Christopher, 34, Norcross, GA
Kurtis A. Evans, 42, Vincennes, Indiana
Austin G. Greene, 19, Bedford, Indiana
Justin Helsley, 27, Newburgh, Indiana
Samuel King, 35, Evansville, Indiana
Terry W. Morris II, 19, Cloverdale, Indiana
Barry Scott, a/k/a Barron Scott, 58, Vincennes, Indiana
Marvin Robinson, 46, Jeffersonville, Indiana
William K. Thompson 31, Evansville, Indiana
“These arrests represent the culmination of countless hours of investigative work with our partners at the Evansville Police Department, the Vanderburgh County Sheriff’s Office, the Indiana State Police, the United States Attorney’s Office, and the Vanderburgh County Prosecutor’s Office,” stated Trevor Velinor, Special Agent in Charge for ATF’s Columbus Field Division. “We have forged and strengthened our cooperative efforts with the goal of removing violent individuals from the streets and returning our community to its rightful owners, those living, working, and raising families there. These arrests represent just the first step in that continuing work.”
“We take pride in having great relationships with other law enforcement agencies, including our Federal Partners. When we all work together, it makes our communities much safer. This latest effort only reinforces what can be accomplished when we all work together.”
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the Office’s firm commitment to prosecuting those who engage in violent crime using firearms. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 2.3.
Mexican National Convicted of Being A Previously Removed Alien Found in the United StatesRead the Press Release
FRESNO, Calif. — After a three–day trial, a federal jury found Rolando Felix-Carrazco, 45, of Tulare County, guilty of one count of being a Deported Alien Found in the United States, United States Attorney McGregor W. Scott announced.
According to evidence presented at trial, Felix-Carrazco was born in Mexico and entered the United States illegally. He was removed in February 2015 and again in July 2015. Felix-Carrazco returned to the United States without permission to reenter and was encountered by Tulare County Sheriff’s deputies in March 2018.
This case was the product of an investigation by Homeland Security Investigations. Assistant United States Attorneys Laura D. Withers and Kathleen A. Servatius are prosecuting the case.
Felix-Carrazco is scheduled to be sentenced by U.S. District Judge Drozd on February 4, 2019. Felix-Carrazco faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Memphis Man Sentenced to 360 Months in Federal Prison for Sex Trafficking ConvictionsRead the Press Release
Memphis, TN – After a three-day jury trial in federal court in July 2018, Antonio Hawkins, 41, was convicted of multiple counts of sex trafficking. Today, he was sentenced to 360 months in federal prison on five counts related to sex trafficking, including sex trafficking of a minor victim and sex trafficking by force, fraud, and coercion. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence.
According to information presented in court, in April 2016, Antonio Hawkins took three women from New Orleans to Houston to put the women out on the prostitution track. While in Houston, Hawkins picked up a fifteen-year-old runaway, and put her on the track as well. Hawkins subsequently brought them to Memphis to work. All of the women, including the minor (who is now seventeen), testified at trial that Hawkins threatened to, and did, use violence to keep them from leaving him. The women testified that Hawkins struck them, pointed a gun at them and fired warning shots, and once even used a hot hair iron to intimidate the women into doing as he instructed.
U.S. Attorney D. Michael Dunavant said: “Human trafficking of minors and adults for commercial sex purposes is an unconscionable crime that must be met with severe consequences. We commend the FBI for their outstanding investigation of these heinous crimes, and we are pleased to achieve justice for the victims in this disturbing case.”
On Friday, November 2, 2018, U.S. District Judge Sheryl H. Lipman sentenced Hawkins to 360 months imprisonment.
This case was investigated by the Federal Bureau of Investigation as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, PSC marshals, federal, state and local resources to locate, apprehend, and prosecute individuals who sexually exploit children and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc.
Assistant U.S. Attorneys Kasey Weiland and Deb Ireland prosecuted this case on the government’s behalf.
McKeesport Man Sentenced to 5+ Years in Prison for Violating Federal Drug and Gun LawsRead the Press Release
PITTSBURGH, PA – A resident of McKeesport, Pennsylvania, has been sentenced in federal court to five years and three months in prison, followed by five years’ supervised release, on his conviction of violating federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Isaiah Pridgen, 21.
According to information presented to the court, Pridgen possessed with the intent to distribute a quantity of heroin, a Schedule I controlled substance, and possessed a firearm in furtherance of said drug trafficking crime. On November 19, 2016, McKeesport police officers stopped a car in which Pridgen was a passenger. Officers ordered Pridgen out of the vehicle, and as he exited, Pridgen forcefully shoved an officer and fled. In pursuit, officers saw Pridgen throw an object later identified to be a loaded .45 caliber Taurus pistol. Pridgen was eventually apprehended, and officers located 100 stamp bags of heroin in his pocket.
Prior to imposing sentence, Judge Fischer stated that the defendant’s actions in dealing opiates is "deadly as any pistol" and that those actions created a "substantial risk of harm to the community." Judge Fischer noted that the defendant had a significant juvenile criminal history for Assault, Theft, Guns and Drugs, making the current indictment at the age of 19 even more serious. Judge Fischer praised the support of the defendant’s family and friends, noted that violating her federal sentence could have "big consequences," and told the defendant to "make good on this last chance."
At sentencing, Assistant United States Attorney Ross E. Lenhardt argued that the dollar sign tattoo on the defendant’s face and his lack of prior employment showed that the defendant’s clear motive for dealing drugs was greed. Assistant United States Attorney Heidi M. Grogan was the lead prosecutor on this matter for the government. This case was prosecuted under Project Safe Neighborhoods, a collaborative effort by federal, state and local law enforcement agencies, prosecutors and communities to prevent, deter and prosecute gun crime.
United States Attorney Brady commended the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pennsylvania Office of Attorney General, and the McKeesport Police Department for the investigation leading to the successful prosecution of Pridgen.
Manhattan U.S. Attorney Announces Settlement with Hudson Valley Credit Union for Illegally Repossessing Service Members’ CarsRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and John Gore, Acting Assistant Attorney General, announced today that Hudson Valley Federal Credit Union (“Hudson Valley”) has agreed to pay $95,000 to resolve allegations that it violated the Servicemembers Civil Relief Act (“SCRA”) by repossessing vehicles owned by SCRA-protected service members without first obtaining the required court orders. Under the agreement, Hudson Valley has agreed to pay $65,000 to compensate seven service members whose cars it unlawfully repossessed and will pay a civil penalty of $30,000 to the United States.
This Office launched an investigation into Hudson Valley’s repossession practices after learning of two private lawsuits filed in the Southern District of New York. In both lawsuits, the plaintiffs alleged that Hudson Valley violated the SCRA by repossessing the plaintiffs’ vehicles after plaintiffs had entered military service. This Office’s subsequent investigation identified seven additional violations and revealed that, prior to August 2014, Hudson Valley did not have any written policies or procedures that addressed the SCRA’s protections against non-judicial auto repossessions.
Hudson Valley, headquartered in Poughkeepsie, New York, is one of the largest credit unions in the country, and has committed to protecting service members’ rights in the future.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Protecting service members is a high priority for this Office and the country. We are pleased that Hudson Valley has taken these remedial steps, and this Office will continue to protect the rights of men and women in uniform.”
Acting Assistant Attorney General John Gore said: “Financial institutions must recognize and honor their responsibilities to our men and women in uniform. Our nation depends upon the selfless devotion and sacrifice of our service members and we must ensure that they receive all rights and protections afforded to them by law.”
The agreement requires Hudson Valley to provide $10,000 in compensation to each of the six affected service members, plus any lost equity in the vehicle with interest. An additional service member, whose vehicle was repossessed but returned within 24 hours, will receive $5,000. Hudson Valley has also taken steps to repair the credit of the affected service members.
The agreement resolves the claims and causes of action asserted in the United States’ Complaint against Hudson Valley filed in the U.S. District Court for the Southern District of New York.
For more information about the United States’s SCRA enforcement efforts, please visit www.servicemembers.gov. Service members and their dependents who believe that their rights under SCRA have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at www.legalassistance.law.af.mil/content/locator.php.
This case is being handled by the Office’s Civil Rights Unit. Assistant U.S. Attorney Ellen Blain is in charge of the case.
Manhattan U.S. Attorney Announces $2 Million Settlement of Health Care Fraud Claims Against Metropolitan Retina Associates, Inc., and Dr. Kenneth FelderRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Scott J. Lampert, Special Agent in Charge for the New York Office of Inspector General of the U.S. Department of Health and Human Services (“HHS-OIG”), announced today a settlement of a civil fraud lawsuit against DR. KENNETH S. FELDER (“FELDER”) and METROPOLITAN RETINA ASSOCIATES, INC. (“METROPOLITAN RETINA”). The settlement resolves claims under the False Claims Act alleging that FELDER and METROPOLITAN RETINA billed Medicare and Medicaid for (1) substandard fluorescein angiography tests that were of such poor quality that they lacked all diagnostic value and were effectively worthless; and (2) ophthalmic ultrasounds that were either not performed or lacked any supporting documentation. Under the terms of the settlement approved by U.S. District Judge Alison J. Nathan, FELDER and METROPOLITAN RETINA admitted and accepted responsibility for their conduct and agreed to pay $2,064,559 to the United States.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Dr. Kenneth Felder and Metropolitan Retina defrauded taxpayers when they billed Medicare and Medicaid for diagnostic tests that were shoddy, undocumented, and sometimes not performed at all. This settlement sends a strong message that such conduct will not be tolerated.”
HHS-OIG Special Agent in Charge Scott J. Lampert said: “The irresponsible behavior by Metropolitan Retina Associates and Dr. Kenneth Felder compromised the integrity of the Medicare and Medicaid programs, and wasted millions of taxpayer dollars. HHS-OIG will continue to ensure that providers who do business with federally funded health care programs do so in an honest fashion.”
METROPOLITAN RETINA is an ophthalmology practice that is wholly owned by FELDER, with offices in Brooklyn and Manhattan. As part of the settlement, FELDER and METROPOLITAN RETINA admit, acknowledge, and accept responsibility for the following conduct:
- FELDER and METROPOLITAN RETINA frequently submitted claims to Medicare and Medicaid for fluorescein angiograms that lacked any diagnostic or medical value because the images were distorted and/or were taken from angles that made it impossible to evaluate the patients’ conditions.
- Medicare or Medicaid would not have paid for these procedures had they known that the fluorescein angiograms lacked any diagnostic or medical value.
- FELDER and METROPOLITAN RETINA frequently submitted claims to Medicare and Medicaid for ultrasounds of the eye that either were not performed or were not supported by any medical record documentation.
- Medicare and Medicaid would not have paid for these ultrasounds had they known that the ultrasounds either were not performed or were not supported by documentation in the medical records.
- As a result of billing for the medical procedures described above, FELDER and METROPOLITAN RETINA received substantial reimbursement from Medicare and Medicaid to which they were not entitled.
* * *
Mr. Berman thanked the Office of the Inspector General for HHS for its assistance.
The case is being handled by the Office’s Civil Division. Assistant U.S. Attorneys Brandon Cowart and Jacob M. Bergman are in charge of the case.
Man Pleads Guilty to Robbery of Metairie BankRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced yesterday that STEPHEN J. SCOTT, age 31, of New Orleans, Louisiana, pleaded guilty as charged to committing the robbery of the First American Bank & Trust at 1800 Veterans Memorial Boulevard in Metairie, Louisiana, on April 9, 2018, in violation of Title 18, United States Code, Section 2113(a).
Bank robbery carries a maximum sentence of 20 years in the Bureau of Prisons, a $250,000 fine, up to three years of supervised release, and a mandatory special assessment fee of $100. The Court will sentence SCOTT on January 31, 2019.
On that date, SCOTT entered the bank, passed a demand note to the teller, and implied that he was in a possession of a weapon. The teller handed over $3,400 to SCOTT, who fled the location. Members of the Jefferson Parish Sheriff’s Office were able to match a fingerprint taken from the bank to SCOTT. Sheriff’s Office members then compared the surveillance footage from the robbery to other known photos of SCOTT to confirm his identity.
U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation’s Violent Crime Task Force and officers with the Jefferson Parish Sheriff’s Office. Assistant U.S. Attorney Myles Ranier is handling the prosecution.
* * *
Man Indicted in Connection with Missing Warhol PaintingsRead the Press Release
BOSTON – A federal grand jury indicted a Lynn man on Wednesday, Oct. 31, 2018, in connection with taking and attempting to sell two Warhol paintings on eBay.
Brian R. Walshe, 43, was indicted on one count each of wire fraud, interstate transportation for a scheme to defraud, possession of converted goods, and unlawful monetary transaction. In May 2018, Walshe was arrested and charged in a criminal complaint.
According to court documents, in early November 2016, a buyer found two Andy Warhol paintings for sale on eBay. The paintings were two of Warhol’s “Shadows,” a series of untitled, abstract canvas paintings from 1978. The original listing price for the paintings was $100,000. In the advertisement, the eBay seller included a picture of an invoice for the two Warhol Shadow paintings with Warhol Foundation numbers and a purchase price of $240,000.
It is alleged that the buyer believed the paintings were authentic and between Nov. 3 and 5, 2016, arranged with Walshe – the seller – to purchase the artwork outside of eBay for $80,000. Walshe and the buyer signed a contract which specified that the buyer had three days to terminate the contract and get a full refund if the buyer did not accept the artwork. On Nov. 7, 2016, the buyer’s assistant flew to Boston and met Walshe to retrieve the paintings, providing him with a cashier’s check for $80,000. According to bank records, the cashier’s check was deposited that day into an account that Walshe controlled, and $33,400 was subsequently withdrawn in the following 14 days. On Nov. 8, 2016, the buyer removed the paintings’ frames and found no Warhol Foundation authentication stamps and also noticed that the canvasses and staples looked new. When he compared the paintings to the photographs from the eBay listing, they did not look identical. The buyer concluded that the paintings he purchased from Walshe were not authentic. The buyer then repeatedly attempted to contact Walshe, who initially did not respond, and then made excuses for the delay in refunding the buyer’s money.
According to court documents, Walshe initially gained access to the paintings through a friend (the victim). Walshe was present when the victim first purchased a Warhol painting. Sometime after this purchase, the victim purchased the two Shadow paintings. Thereafter, while visiting the victim in South Korea, Walshe told the victim that he could sell some of the art for a good price. The victim agreed and let Walshe take the two Shadow paintings and other fine art pieces.
After Walshe took the items, the victim did not hear from Walshe and was unable to contact him. Eventually, the victim contacted a mutual friend, who met with Walshe and retrieved some of the art. On May 3, 2011, Walshe allegedly attempted to consign the Warhol paintings to a gallery in New York City, at which time he also had other art belonging to the victim. The gallery declined to accept the paintings because Walshe did not have a bill of sale.
The indictment alleges that Walshe converted the art from the victim and falsely offered the authentic Warhol paintings for sale on eBay, but delivered fake paintings to the buyer.
The charge of wire fraud provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000. The charge of interstate transportation for a scheme to defraud provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. The charge of possession of converted goods provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. The charge of unlawful monetary transaction provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office, made the announcement today. The Lynn Police Department provided assistance with the investigation. Assistant U.S. Attorney Timothy E. Moran of Lelling’s Organized Crime and Gang Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.
Madison Woman Pleads Guilty to Making False StatementRead the Press Release
BIRMINGHAM – Today a Madison, Alabama woman pled guilty in federal court to making a false statement, announced U.S. Attorney Jay E. Town and FBI Special Agent in Charge Johnnie Sharp, Jr.
XI QING YUN a/k/a Carolyn Xi, 52, entered her plea before U.S. District Judge Abdul K. Kallon. Xi was employed by the Army’s Aviation and Missile Research Development and Engineering Center at Redstone Arsenal, when she failed to disclose foreign contacts on a questionnaire for a national security position. She is scheduled for sentencing before Judge Kallon on February 21, 2019 in Huntsville.
“It is critical that people with a security clearance, or people applying for a security clearance, are upfront and honest regarding questions about foreign contacts and their background,” Town said. “A failure to be honest compromises the integrity of checks put in place to protect our national security.”
“Ms. Xi’s lack of candor not only called into question her reliability, trustworthiness, and ability to protect sensitive information, it also resulted in her prosecution,” Sharp said. Let this be a lesson to those seeking a position of trust with the United States—show you can be trusted by being truthful in your responses for a security clearance.”
The maximum penalty for making a false statement is 5 years in prison and a $250,000 fine.
FBI and Army Counterintelligence investigated the case, which Assistant U.S. Attorney Davis Barlow and Trial Attorney Scott Claffee, National Security Division are prosecuting.
###
MS-13 Gang Member Sentenced for Illegally Possessing AmmunitionRead the Press Release
ALEXANDRIA, Va. – An admitted MS-13 gang member was sentenced today to 15 months in prison, followed by three years of supervised release, for possessing ammunition as a convicted felon.
According to court documents, Oscar Melendez, aka Creeper, 29, of Alexandria, possessed ammunition after having been convicted of multiple felonies involving possession of a controlled dangerous substance and credit card fraud. Law enforcement recovered the bullets from his residence while investigating crimes committed by the criminal gang MS-13. During a Mirandized interview, Melendez admitted to possessing the ammunition and to being a member of MS-13.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Matthew J. DeSarno, Special Agent in Charge of the FBI Washington Field Office’s Criminal Division, Colonel Edwin C. Roessler Jr., Fairfax County Chief of Police, and J. Thomas Manger, Montgomery County Chief of Police, made the announcement after sentencing by U.S. District Judge Liam O’Grady. Assistant U.S. Attorney Maureen C. Cain prosecuted the case.
Mitigating MS-13’s presence in the National Capital Region is a joint effort between federal, state, and local law enforcement agencies. Several Department of Justice law enforcement components, to include the FBI’s Safe Streets Task Forces and Child Exploitation and Human Trafficking Task Forces, DEA, USMS, and ATF, along with the Department of Homeland Security, have dedicated significant resources to this effort.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-245.
Lyric Shooter Pleads GuiltyRead the Press Release
OXFORD – A Memphis, Tennessee man has pled guilty to federal firearms charges relating to his role in a shooting that occurred inside the Lyric Theater in Oxford, Mississippi on April 27, 2018. Desmond Bowen pleaded guilty yesterday to being a felon in possession of ammunition during the incident. The announcement regarding Bowen’s guilty plea was made by Oxford Police Chief Joey East, Joseph Frank, Supervisory Special Agent for the Bureau of Alcohol, Tobacco, Firearms and Explosives in Oxford, and U.S. Attorney William C. Lamar.
Information presented at the change of plea hearing showed that Bowen attended a party at the Lyric Theater in April on Double Decker Weekend when a fight broke out inside the theater. Bowen fired a shot upward, which hit underneath the balcony, ricocheted and hit a patron. Officers collected a .25 auto caliber shell casing from the scene along with an attendee’s video, which depicted Bowen shooting a firearm.
U.S. District Judge Michael P. Mills in the Northern Judicial District of Mississippi accepted Bowen’s guilty plea to being a felon in possession of ammunition. Bowen faces a maximum sentence of ten years in prison. The sentencing is set for February 14, 2019.
Following the plea, U.S. Attorney William C. Lamar remarked, “We are committed to doing everything possible to keep our neighborhoods, towns and cities safe. We will always seek to hold accountable those individuals who threaten the safety and security of our communities and citizens through illegal and reckless conduct. The discharge of a weapon inside a crowded public place demonstrates a reckless disregard for the safety of others. In the instant case, the individual discharging the gun was prohibited by law from even possessing a firearm or ammunition. We will continue to work diligently with our local, state and federal partners to enforce the federal firearms laws and to see that individuals who violate those laws are held accountable.”
Oxford Police Chief Joey East also praised the cooperative efforts of those agencies involved in the investigation. “This is a perfect example of the collaborative efforts of state, federal and local law enforcement agencies working together for the common goal of public safety. Without the dedicated work of all of the agencies involved, Desmond Bowen would not have been brought to justice. It is always a good day when hard work pays off. The safety of citizens is our top priority, because it is not about who does what but about what was accomplished working together as a team,” stated East.
The investigation was the culmination of a joint Federal and State investigation into the shooting with the Oxford Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by AUSA Clyde McGee.
***
Lower Brule Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man convicted of Abusive Sexual Contact of a Person incapable of Consent was sentenced on October 29, 2018, by U.S. District Judge Roberto A. Lange.
Bates Hood, Jr., age 41, was sentenced to 36 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Hood was indicted by a federal grand jury on September 12, 2017. He pled guilty on August 2, 2018.
The conviction stemmed from an incident on January 31, 2016, when Hood knowingly engaged in, and attempted to engage in, sexual contact with an individual who he knew at the time was incapable of appraising the nature of conduct and physically incapable of declining participation.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Hood was immediately turned over to the custody of the U.S. Marshals Service.
Long Island Member of Outlaws Street Gang Sentenced to 20 Years’ Imprisonment for MurderRead the Press Release
Earlier today, at the federal courthouse in Central Islip, Pedro Merchant, a member of the Outlaws street gang, was sentenced by United States District Judge Joseph F. Bianco to 20 years’ imprisonment for shooting and killing 17-year-old Dante Quinones during a dispute over gang allegiance. Merchant pled guilty in April 2018.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD), announced the sentence.
“With today’s sentence Merchant is being held accountable for the senseless act he committed—taking a human life in the name of his gang, which also put an entire community on Long Island in danger,” stated United States Attorney Donoghue. “This Office, together with our law enforcement partners, remains committed to dismantling all gangs on the streets of Long Island.”
“In the midst of the Outlaws’ declared war on a rival gang, Merchant shot and killed his victim and, at the same time, put the lives of innocent people in danger,” stated FBI Assistant Director-in-Charge Sweeney. “With today’s sentence, Merchant is held accountable for his crime, and the people of Hempstead and surrounding Long Island communities can rest assured he will no longer be a threat to their collective safety.”
“Nassau County is no place for the illegal and dangerous actions of gang members, in particular, Pedro Merchant,” stated NCPD Commissioner Ryder. “This defendant has placed innocent residents in harm’s way during the murder of a rival gang member. Today’s sentence should send a stern message that the collaborative efforts of law enforcement will prevail to keep our communities safe.”
On September 11, 2013, Merchant and fellow Outlaws gang members confronted Quinones on Dartmouth Street in Hempstead, to determine where Quinones’ allegiance lay between the Outlaws gang and their rivals, the Bloods. During the confrontation, Merchant pulled out a handgun and shot Quinones several times at close range, killing him.
In the wake of Quinones’ murder, a yearlong violent gang war with numerous shootings ensued between the Outlaws and the Bloods in Hempstead. Merchant was tried and acquitted of murdering Quinones in 2015 in a Nassau County trial marked by witness intimidation by Merchant’s associates. Following the acquittal, Merchant and six additional members and associates of the Outlaws and six members of the Bloods were charged federally in this district for their participation in the violent gang war. To date, the following individuals have been sentenced or pleaded guilty:
- Everett Brown, an associate of the Outlaws, was sentenced to 10 years’ imprisonment following his guilty plea to discharging a firearm during a crime of violence for his role in one of three shootings of rivals’ homes committed by the gang on August 19, 2014.
- Philip Saunders, a member of the Bloods, was sentenced to 12 years’ imprisonment following his guilty plea to discharging a firearm during a crime of violence for his role in a May 9, 2014 assault of a rival gang member.
- Khalil Brown and Naree Barnes, members of the Bloods, were each sentenced to 10 years’ imprisonment following their guilty pleas to discharging firearms during a crime of violence for shooting at a rival gang member on October 21, 2014.
- Billy McLen, a member of the Bloods, pled guilty to attempted murder in-aid-of racketeering and discharging a firearm during a crime of violence and is awaiting sentence. When sentenced, McLen faces a minimum of 10 years in prison and a maximum term of life.
- Alton Gore, also known as “A-Murder,” a leader of the Outlaws in Hempstead, pled guilty to assault in-aid-of racketeering and discharging a firearm during a crime of violence and is awaiting sentence. When sentenced, Gore faces a minimum of 10 years in prison and a maximum term of life.
- Jonathan Mayzick, a member of the Bloods charged with racketeering, conspiracy to murder and assault rival gang members with dangerous weapons and attempted murder and attempted assault with dangerous weapons, is awaiting trial.
The government’s case against Merchant is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Nicole Boeckmann, Christopher Caffarone and Michael Maffei are in charge of the prosecution.
The Defendant:
PEDRO MERCHANT (also known as “Dro”)
Age: 25
Valley Stream, New YorkE.D.N.Y. Docket No. 16-CR-322 (S-1) (JFB)
Long Island Man Sentenced to 46 Months in Prison for Conspiracy to Distribute OxycodoneRead the Press Release
Earlier today, at the federal courthouse in Central Islip, Terrance Belford was sentenced by United States District Judge Joanna Seybert to 46 months in prison following his guilty plea in May 2018 to conspiracy to distribute oxycodone, a Schedule II controlled substance. Belford was arrested in June 2017 for his participation in an oxycodone distribution ring active on Long Island.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Keith Kruskall, Acting Special Agent-in-Charge, Drug Enforcement Administration (DEA), New York Division, announced the sentence.
“Today’s sentence reflects the seriousness of Belford’s crime, using stolen prescription forms to feed the opioid epidemic and enrich himself, then blatantly discussing the price and availability of his illegal drugs on Facebook,” stated United States Attorney Donoghue. “This Office will continue to vigorously prosecute opioid dealers like the defendant.” Mr. Donoghue expressed his gratitude to all the alert and responsible pharmacists nationwide, including those in Enterprise, Alabama, whose reports of a suspicious prescription form presented by Belford were integral to the success of this prosecution.
“Today, my office will use social media and tweet about today’s sentencing, much like the defendant’s use of Facebook to broadcast his drug deals,” stated Acting Special Agent-in-Charge Kruskall. “DEA’s message is very clear- if you deal drugs, you go to jail. I commend the men and women on the LIDO—TDS and Eastern District of New York for their diligent work on this case and many others targeting opioid traffickers.”
According to court filings and facts presented during the plea proceeding, beginning in late 2016 and continuing into early 2017, Belford and his co-conspirators filled out stolen prescription forms and used them to obtain controlled substances, typically 30 milligram oxycodone tablets, which they then sold at a substantial profit. In December 2016, Belford attempted to fill one of the stolen prescriptions in Enterprise, Alabama, under a false name. An employee of the pharmacy refused to fill the prescription and called the local police, resulting in Belford’s arrest.
Belford boasted on Facebook of his ability to obtain multiple controlled substances unlawfully, including oxycodone, powder cocaine and crack cocaine. He also stated on Facebook that had he not been intercepted in Alabama, he would have profited $10,000 by reselling oxycodone acquired with fraudulent prescriptions.
This case was investigated by the DEA’s Long Island Tactical Diversion Squad comprising agents and officers of the DEA, Nassau County Police Department, Rockville Centre Police Department, Suffolk County Police Department, Port Washington Police Department and Internal Revenue Service.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorney J. Matthew Haggans is in charge of the prosecution.
The Defendant:
TERRANCE BELFORD
Age: 36
Bellport, New YorkE.D.N.Y. Docket No. 17-CR-399 (JS)