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24 October 2018
Three Ohio Men Charged in Case Involving Sexual Abuse of ToddlersRead the Press Release
COLUMBUS, Ohio – Documents were unsealed that charge three Ohio men with crimes related to child pornography.
In May, a federal grand jury charged David E. Fairchild, 45, of Kirkersville, Ohio, Jesse G. Szuba, 31, of Newark, Ohio, and Mike Allen, 36, of Heath, Ohio, in a second superseding indictment unsealed yesterday evening. Fairchild and Szuba are each charged with conspiring to produce child pornography, among other related crimes.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Ohio Attorney General Mike DeWine, Franklin County Sheriff Dallas Baldwin, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, and other members of the Franklin County Internet Crimes Against Children (ICAC) Task Force announced the charges.
According to court documents, in January 2018, the Franklin County ICAC Task Force received a CyberTip from the National Center for Missing and Exploited Children (NCMEC) regarding a video depicting child sexual abuse. The video was uploaded to Google from the username “David TwistedBottomFreak Fairchild” and depicted an adult male anally penetrating a toddler-aged child.
The 11-count second superseding indictment alleges Fairchild sexually abused a female victim, born in 2016, and created child pornography involving the victim.
Likewise, it is alleged that Szuba attempted to produce child pornography involving a boy born in 2014.
Szuba and Fairchild allegedly met on Craigslist and communicated with each other about sexually abusing the toddlers. During their communications, they exchanged child pornography files and discussed plans to engage in various sex acts with each other and the victims.
It is further alleged that Szuba suggested other sex acts that Fairchild perpetrate against the female victim and asked Fairchild to send Szuba pictures or videos of that abuse.
In response to watching a video of Fairchild sexually abusing the toddler girl, Szuba messaged Fairchild that he “liked” the video “espically [sic] when she started whimpering.” Between January 26 and January 31, 2018, Szuba repeatedly requested, and Fairchild repeatedly sent, images and videos depicting sexual abuse of the female toddler.
Fairchild sent child pornography files to Allen, as well.
Szuba pleaded guilty in late August to advertising for child pornography, which is punishable by a range of 15 to 30 years in prison.
Conspiring to produce child pornography is also a federal crime punishable by a range of 15 to 30 years in prison. Receiving child pornography carries a potential sentence of five to 20 years in prison.
U.S. Attorney Glassman commended the investigation of this case by the Ohio Attorney General’s Bureau of Criminal Investigation (BCI) and the Franklin County ICAC Task Force, as well as Assistant United States Attorneys Heather A. Hill and Jonathan J.C. Grey, who are prosecuting the case.
An indictment merely contains allegations, and the defendants are presumed innocent unless proven guilty in a court of law.
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Ten Eastern District of New York Employees and One Former Assistant United States Attorney Receive Attorney General AwardsRead the Press Release
WASHINGTON – Nine Assistant United States Attorneys (AUSA), one paralegal specialist and a former AUSA from the Eastern District of New York (EDNY) were among the 244 department employees recognized by Attorney General Jeff Sessions for their distinguished public service today at the 66th Annual Attorney General’s Awards Ceremony. Thirty-six other individuals outside of the department were also honored for their work. This annual ceremony recognizes employees and other individuals who have demonstrated exceptional achievements, leadership and service to the Department of Justice and the American people. This year’s awards ceremony included an award for exceptional heroism to U.S. Marshal Senior Inspector Basilio S. Perez, Jr., for his courageous actions to protect and aid victims of the October 1, 2017, mass shooting in Las Vegas, Nevada.
“Service in the Department of Justice is more than a normal job; it is a calling to the highest standards of professionalism,” Attorney General Jeff Sessions said. “That is true for all of the 115,000 Department of Justice employees. But it is especially true for these award winners. And so I want to thank them and their families for their exemplary service to this Department and to the American people. They have made this Department proud.”
“The outstanding work of EDNY prosecutors, working in conjunction with our law enforcement partners, exposed an international culture of corruption within organized soccer, dismantled a fraud scheme that victimized the elderly and held responsible the brutal killers of a heroic federal agent,” stated United States Attorney Donoghue. “The wide scope of the achievements recognized today demonstrates that this Office will pursue justice for the people of the Eastern District of New York wherever the evidence takes us.”
This year’s program honors individuals across the department and our federal, state, local and tribal partners for their selfless efforts, protecting our national security and our civil rights, addressing rising violent crime in our communities, and going after gangs and those trafficking in dangerous narcotics and human beings. The awards also honor the work of civil and environmental litigation, which enforces the rule of law and upholds our Constitution. They also recognize employees whose ideas and efforts save taxpayer dollars and help our government operate more effectively and efficiently, among other contributions to public safety and good governance.
FIFA
Assistant U.S. Attorneys Keith D. Edelman, Kaitlin T. Farrell, M. Kristin Mace, Brian D. Morris and Samuel P. Nitze, Paralegal Specialist Sherene Watson and former Assistant U.S. Attorney Paul A. Tuchmann, together with their team of FBI and IRS Special Agents, were recognized for their path-breaking investigative and prosecutorial work in combating an entrenched culture of corruption at the highest levels of organized soccer in the United States and around the world and the accompanying abuse of the U.S. financial system. The case was the first to use the RICO and wire fraud statutes to attack corruption in international sports organizations and involved an extraordinary array of investigative techniques, complex tracing and analysis of foreign and domestic money flows, and unprecedented coordination and collaboration with foreign law enforcement authorities. In addition to more than 20 convictions secured through guilty pleas, the team secured convictions of José Maria Marin, a former president of the Brazilian soccer federation, perhaps the most powerful soccer federation in the world, and Juan Angel Napout, the president of CONMEBOL, the regional confederation that oversees soccer in South America, after a six-week trial conducted in November and December 2017.
Elder Fraud Sweep
Assistant U.S. Attorneys Michael J. Castiglione, Evan P. Lestelle and John Vagelatos were recognized for their outstanding contributions to the 2018 national Elder Fraud Sweep. The sweep was the largest operation in U.S. history targeting fraud on the elderly. The team both independently and in coordination with the Consumer Protection Branch of DOJ and the United States Postal Inspection Service, investigated and filed some of the sweep’s biggest cases. The EDNY team filed four civil actions and obtained temporary restraining orders against 24 individual and corporate defendants for operating multi-million dollar international mail fraud schemes that targeted elderly and vulnerable victims. The team obtained permanent consent judgments against defendants in three of the actions and, in the final action, has obtained a permanent consent judgment against several of the defendants and preliminary injunctions against the remaining defendants while the case is being actively litigated.
Los Zetas – “Operation Fallen Hero”
Senior Litigation Counsel Andrea Goldbarg and a team of Trial Attorneys and AUSAs from the DOJ Organized Crime and Gangs Section, DOJ Narcotic and Dangerous Drug Section and the United States Attorney’s Office for the District of Columbia were recognized for their extraordinary efforts and commitment in the prosecution of Los Zetas Mexican Cartel Members. Members of the cartel brutally murdered Homeland Security Investigations (HSI) Special Agent Jaime Zapata and wounded HSI Special Agent Victor Avila on February 15, 2011, during an attempted car-jacking on a highway south of San Luis Potosi, Mexico. The HSI Special Agents were on an official mission in an armored SUV when a Zetas “hit” squad attacked the vehicle. Deploying immediately after the attack, the team pursued every evidentiary lead and soon began filing charges against the perpetrators. After the attack and over the following six years, seven defendants were extradited to the United States, five of whom pleaded guilty and agreed to cooperate. Two defendants proceeded to trial. On July 27, 2017, after a three-week trial, a jury convicted two defendants of, among other crimes, murder and attempted murder of an officer or employee of the United States. Both trial defendants were sentenced to life imprisonment.
Tarboro Man Sentenced on Charge of Felon in Possession of a FirearmRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that in federal court today, United States District Judge James C. Dever III sentenced TYRONE SAVAGE, 21, of Tarboro, to 30 months imprisonment followed by 3 years of supervised release.
On May 31, 2018, SAVAGE pled guilty to a single-count indictment that charged him with possession of a firearm by a felon.
The evidence established that, during the evening of August 25, 2017, the Tarboro Police Department conducted a traffic stop of a vehicle playing music loudly. The car contained five occupants and smelled of alcohol and marijuana. Officers performed safety pat downs of the vehicle occupants. During the pat down, SAVAGE was found to have a Hi-Point, Model C9, 9mm pistol in his right, front pocket. SAVAGE was subsequently arrested on state charges.
According to law enforcement, and as presented in open court, SAVAGE is a validated gang member. In addition, SAVAGE has previously been convicted of assault with a deadly weapon and felony possession of heroin. SAVAGE was found in possession of the firearm while still serving a term of probation on the felony possession of heroin offense.
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.
The investigation of this case was conducted by the Tarboro Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorney Melissa Belle Kessler represented the United States in this case.
Tahlequah Man Sentenced to 96 Months for Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Bruce Aaron Bardesis, age 53, of Tahlequah, Oklahoma, was sentenced to 96 months imprisonment and 3 years supervised release for Possession with Intent to Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C). The charges arose from an investigation by the Oklahoma Bureau of Narcotics and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Indictment alleged that on or about October 26, 2017, within the Eastern District of Oklahoma, Bruce Aaron Bardesis knowingly and intentionally possessed with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
“Rural and metropolitan areas alike continue to feel the negative effects that methamphetamine has not only on the user, but also children, families, schools and even the work force. Dealers profit while society picks up the pieces. We must continue to be diligent, stop the drug dealers, and send the message that the unlawful distribution of drugs will not be tolerated,” United States Attorney Brian J. Kuester said.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Linda Epperley represented the United States. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served.
Syracuse Man Pleads Guilty to Child Pornography ChargesRead the Press Release
SYRACUSE, NEW YORK – Christopher Martinelli, age 40, of Syracuse, pled guilty today to distributing, receiving and transporting child pornography, announced United States Attorney Grant C. Jaquith; James N. Hendricks, Special Agent in Charge of the of the Albany Field Office of the Federal Bureau of Investigation (FBI); and New York State Police Superintendent George P. Beach II.
As part of his guilty plea, Martinelli admitted to knowingly exchanging sexually explicit photographs with a 14-year-old girl over the Internet, as well as trading child pornography online while on supervised release from a prior felony conviction under the Uniform Code of Military Justice relative to child pornography crimes.
Chief Judge Glenn T. Suddaby will sentence Martinelli on February 28, 2019. If the Chief Judge accepts the recommendation of the parties, Martinelli, who is detained pending sentencing, will receive a sentence of 20 years in prison for his conviction on the child pornography offenses, a consecutive 5-year term of imprisonment for his violation of supervised release, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. Martinelli will also be required to register as a sex offender. A defendant’s sentence is based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the United States Office of Probation, New York State Police Major Crimes, and the FBI Syracuse Mid-State Child Exploitation Task Force, a federal task force that investigates cases involving the sexual exploitation of children. The task force consists of FBI Agents and New York State Police Investigators from Troop D, Bureau of Criminal Investigation. The case is being prosecuted by Assistant U.S. Attorney Carina H. Schoenberger.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Stilwell Woman Pleads Guilty to Child Neglect in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jessica Jean Clark, age 38, of Stilwell, Oklahoma, entered a guilty plea to Child Neglect In Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153 and Title 21, Oklahoma Statutes, Section 843.5(C), punishable by up to life imprisonment, up to a $250,000.00 fine, or both.
The Indictment alleged that from in or about June 2017, to September 13, 2017, within the Eastern District of Oklahoma, within Indian Country, the defendant, Jessica Jean Clark, a/k/a Jessica Jean Kidd, did willfully and maliciously commit the crime of Child Neglect In Indian County by failing to provide adequate nurturance, hygiene, sanitation, shelter and medical care to J.H. and P.H., and provide special care made necessary by the physical condition of P.H., all while the defendant was responsible for the health, safety and welfare of J.H. and P.H., children under the age of eighteen.
The charges arose from an investigation by the Federal Bureau of Investigation.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Sarah McAmis represented the United States.
St. John Man Arrested for Smuggling Illegal Aliens from the Dominican Republic, Argentina and Venezuela into the U.S.Read the Press Release
St. Thomas, USVI – Brice Todman, 36, of St. John, was arrested onMonday, October 22, 2018 on a criminal complaint charging him with bringing aliens into the United States. Jose Alfredo Rondon Castro, 40 and Juan Lorenzo Matias Peralta, 38, both of the Dominican Republic, Dionis Alexander Luis Gomez, 31, of Venezuela and Roman Perez Hernandez, 34, a national of both Argentina and the Dominican Republic, were also arrested on Monday, October 22, 2018 on criminal complaints charging each of them with illegal entry into the United States, United States Attorney Gretchen C.F. Shappert announced.
Todman, Castro, Peralta, Gomez and Hernandez all made their initial appearances before Magistrate Judge Ruth Miller and were detained pending further proceedings.
According to the complaint, Todman was stopped by U.S. Customs and Border Protection (CBP) Air and Marine Operations (AMO) in the North Haulover Bay, area of St. John when agents observed him operating a vessel with no lights. After the boat was stopped, AMO agents observed four male individuals besides Todman onboard and determined that they were not U.S. citizens.
The four individuals were identified as Castro and Peralta from the Dominican Republic, Gomez from Venezuela, and Hernandez from Argentina and the Dominican Republic and they did not have permission to enter the United States.
If convicted of bringing aliens into the United States, Todman faces a sentence up to ten years and a $250,000 fine. If convicted of illegal entry, Castro, Peralta, Gomez and Hernandez each face a maximum sentence of six months and a $5,000 fine.
The case is being investigated by Homeland Security Investigations (HSI) and U.S. Customs and Border Protect i o n Ai r and Marine Unit 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 proven guilty.
Roswell Felon Pleads Guilty to Federal Carjacking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Nathan Cole Owens, 36, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to carjacking and firearms charges. Under the terms of his plea agreement, Owens will be sentenced to 100 months in federal prison followed by a period of supervised release to be determined by the court.
Owens, whose prior criminal history includes felony convictions for false imprisonment, aggravated battery against a household member resulting in great bodily harm, aggravated battery against a household member with a deadly weapon, tampering with evidence, and possession of a controlled substance with intent to distribute, is being prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of making communities in New Mexico safer places for people to live and work.
Owens was arrested on April 5, 2018, on a criminal complaint charging him with being a felon in possession of a firearm on March 14, 2018. According to the complaint, Roswell Police Department (RPD) officers responded to a domestic disturbance call at a cellular phone store in Roswell on March 14, 2018, reporting that an armed felon was in the store. When RPD officers arrived, they found Owens and another individual (victim) who reported that Owens threatened her with a firearm, took the keys to her vehicle, and drove her around Roswell while he engaged in an argument with another person on her cellular telephone. RPD officers subsequently found a firearm loaded with ammunition in the victim’s vehicle when they executed a state search warrant. According to the complaint, Owens had been released from prison on Sept. 24, 2017, after serving a sentence for a prior felony conviction.
Owens was indicted on June 20, 2018, and was charged with carjacking, carrying and brandishing a firearm during and in relation to a crime of violence, and with being a felon in possession of a firearm and ammunition. The indictment charged Owens with committing the offenses on March 14, 2018, in Chaves County, N.M. Owens was prohibited from possessing firearms or ammunition on March 14, 2018, because of his previous felony convictions.
During today’s proceedings, Owens pled guilty to the three-count indictment and admitted that on March 14, 2018, he intentionally took a vehicle from another person while brandishing a firearm, and acknowledged that if the victim had not given him the vehicle, he would have caused the victim to suffer serious bodily injury. Owens further admitted that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
Owens remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and explosives and the Roswell Police Department. Assistant U.S. Attorneys Mark A. Saltman and Marisa Ong are prosecuting the case.
Remarks by U.S. Attorney William M. McSwain at the Delaware County Safe Schools SummitRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain was honored to speak yesterday at the 2018 Safe Schools Summit, hosted by Delaware County District Attorney Katayoun M. Copeland in Drexel Hill, Pennsylvania. U.S. Attorney McSwain’s remarks are below.
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Thank you all for welcoming me here today. In particular, thank you to District Attorney Kat Copeland for inviting me to be the keynote speaker, and to her entire team for organizing such a collaborative and important event.
Ensuring the safety of everyone in the Eastern District of Pennsylvania and pursuing justice is the core mission of the U.S. Attorney’s Office. Nine counties constitute the Eastern District: Delaware, Berks, Bucks, Chester, Lancaster, Lehigh, Montgomery, Northampton, and Philadelphia. Our Office is steadfast in pursuing justice fairly and equally, no matter where a crime occurs within the District. We recognize, however, that certain crimes may affect specific communities more than others. For example, violent crime may be more prevalent in one neighborhood while drug trafficking or government fraud may more steadily plague another.
One of my first initiatives after I was sworn in as the U.S. Attorney in April was to visit all nine counties that make up the Eastern District of Pennsylvania and meet with the respective district attorneys and local law enforcement leaders. It is a priority of my Office to continue to foster these relationships and always keep our lines of communication open. In these meetings, I could see firsthand what every community faces and hear their concerns. And more than any other concern, I am sure it will come as no surprise that the well-being of our children is on the forefront of everyone’s mind, regardless of whether one resides in a city, a suburb, or in a rural area of this great district. The safety of our children and their schools is paramount, no matter where you live. And from my meetings with federal, state, and local officials, it is clear that we all have to be in this together to prevent tragedy in our community and to help troubled individuals find the resources that they need.
School safety certainly has been at the forefront of my mind. As the U.S. Attorney, I wanted to learn more to determine how my Office and the Department of Justice could help address the issue. For example, I wanted to know the trends involving mass shootings, and how school shootings in particular fit into the bigger picture. And in researching the issue further, I discovered that it is surprisingly difficult to say how many mass shootings have occurred in the history of the United States, given that there is no universal definition or database constituting what qualifies as a “mass shooting.” One study contradicts the next, all depending on which data those particular researchers decided to include and exclude and the metrics they decided to use. It is also impossible to prove how many would-be shootings were prevented, either because of measures that schools and local governments had put in place, mental health services that were provided to students, or actions taken by attentive and proactive parents and friends.
I was able to learn some information, however. In 2016, which is the most recent year for which the Centers for Disease Control and Prevention has published complete data, over 37,000 individuals were killed by firearms in this country. Of that number, approximately 61% - almost 23,000 – were deaths by suicide. Of the remaining 14,000 deaths by firearms, hardly any were due to school shootings. We can and should take some comfort in that. The fact is that deadly school shootings are rare. That being said, one school shooting is one too many.
And too often in this country, we as a nation have grieved the senseless murders of innocent people as a result of domestic terrorism and mass shootings. Americans should be safe from such terror, no matter who or where they are. Studying in school or going to work, worshiping at church or cheering for friends at a marathon, relaxing at a movie theater or enjoying an evening at a night club – all of these activities should be safe-havens for every American. But as we know, places like these have sometimes turned into crime scenes where innocent lives have been lost. It cannot be stressed enough: one more mass shooting is one too many.
I want to make clear to everyone in this room, and everyone in our extended community, that the U.S. Attorney’s Office in the Eastern District of Pennsylvania and the Department of Justice take seriously every threat of gun violence in our community and will do everything in our power to prevent tragedy from occurring. Earlier this month, the Department of Justice announced more than $70 million in grant funding under the STOP School Violence Act. These grants are provided to bolster school security, develop anonymous school threat reporting systems, educate and train students and faculty, and support law enforcement officers and first responders who arrive on the scene of a school violence incident. These grants are in addition to the funding provided to the National Association of School Resource Officers, which the Attorney General announced at the end of September, intended to expand and update the curriculum to better support training programs such as this one. The Department of Justice has also awarded more than $64 million to state agencies to improve the completeness, quality, and accessibility of the nation’s criminal record systems, which will help law enforcement and increase the effectiveness of background checks. This year, at the direction of the Attorney General, the Department also prioritized funding for projects that improve accessibility of criminal history records, domestic violence convictions, and information on individuals who are prohibited from possessing firearms for mental-health related reasons.
Unfortunately, background checks alone will not stop a typical school shooter. After all, under Pennsylvania law, a person must be 18 years or older to possess or transport a handgun. And under federal law, a person must be 18 to purchase a long gun and related ammunition from a federal firearms licensee, and must be 21 to purchase a handgun and related ammunition from a federal firearms licensee, unless they meet a certain exception, such as an employment or hunting need. Since 1994, it has been a federal offense for any unlicensed person to transfer a handgun or handgun ammunition to anyone under the age of 18.
My Office will continue to prosecute straw purchasers and those who illegally buy and sell firearms. But as we know all too well, many of those involved in planning or following through with a school shooting steal or borrow a legally purchased firearm from a family member or friend. According to the FBI, 68% of school shooters acquired the weapon used from their own home or that of a relative.
We strive to hold individuals accountable under federal law who threaten school shootings. In my first few months in office, as District Attorney Copeland mentioned, the U.S. Attorney’s Office federally charged a case that came out of this very County. In June of this year, An-Tso Sun was federally charged with possessing ammunition while being in the United States on a nonimmigrant visa, which is a felony under federal law. On March 26, 2018, Sun told another student from Monsignor Bonner and Archbishop Prendergast High School, “Hey, don’t come to school on May 1st . . . I’m going to come here armed and shoot up the school. Just kidding.” The student reported this conversation to a school official. Subsequently, multiple items were recovered from Sun’s bedroom, including approximately 1,600 rounds of ammunition, a cross bow and arrows, and various firearm accessories and shooting equipment. Sun pleaded guilty to this federal charge at the end of August, and the sentencing hearing is scheduled for December.
Sun was initially charged in Delaware County by District Attorney Copeland’s Office, with making terroristic threats; he pleaded guilty to that charge in early June and was sentenced to 4-23 months incarceration. The federal charge related to his illegal possession of ammunition – a charge, I would like to point out, that is an aggravated felony that will operate as a permanent bar to his reentry into this country.
So what can we learn from the Sun case? First, I am proud to say that this was another example of numerous investigative and operational bodies working together. From the school officials to the Upper Darby Police Department and the Delaware County District Attorney’s Office, to the Department of Homeland Security, Homeland Security Investigations and my Office, these community and law enforcement officials worked together to successfully prevent a potential school tragedy and ensure that justice prevailed in the court system.
To me, the true hero in this story is the student who heard the alleged threat and reported the incident to school officials. Thank you to that student for being a good citizen and reporting it. I know everyone in this room knows this, but it cannot be said too often: if you see something or hear something, you need to say something. Countless incidents have been averted because of vigilant people speaking up – students, teachers, and school administrators alike.
That is why today’s summit is so important. Every class today is hands-on: workshops concerning conflict management, personal self-defense, and securing and defending the classroom. Schools are already putting significant systems in place: for example, each school in Delaware County has DelPass, an alarm system in the Administrative Office that immediately notifies 911 of any incident and allows police and law enforcement officials to respond to the school immediately.
Delaware County also has put systems in place to help not just during or after an incident, but also to prevent an incident. There is a county-wide teen help line that is available for any kids to call and talk about issues. There is also the Mobile Crisis Team that provides help and services on a 24-hour basis, seven days a week. These mental health services are provided to the individual, and if necessary, to the family as a whole.
These types of mental health services can help before something happens. But that is easy to say. As a parent myself, I know that it can be incredibly difficult to know when a teenager – dealing with hormones and peer pressure and sometimes speaking recklessly – is a threat, versus simply having a bad day or struggling with a challenging but manageable issue. In speaking with the FBI’s Campus Liaison and head of its Active Shooter Program here in Philadelphia, one thing that I thought was helpful was that he encourages teachers and parents to determine a baseline for normal behavior for each student in the first few weeks of school. It is then easier to assess if any one student drops below that baseline. The FBI has estimated that 93% of attackers planned out the attack in advance, and 93% of attackers engaged in some behavior prior to the attack that caused others to be concerned. Knowing a child’s baseline can help each of us determine if something has become amiss.
And in this day and age, there is no establishing a baseline without familiarizing yourself with a child’s technology habits. I’m curious, by a show of hands, how many of you check your child’s cell phone on a regular (at least weekly) basis? For those of you who do, that is the right instinct to have. But your inquiry cannot end there. I know many of the adults here are familiar with Facebook and Twitter; if only our children would use the websites that we use. But how many of you check your child’s Snapchat account? How about Instagram? Or Kik? Or WhatsApp? Or WeChat? Or Whisper? Or Yik Yak? And the list goes on. We cannot confront these issues without knowing what is happening in our children’s lives, and in the 21st century, their lives often play out on the Internet more than on the playground or the school bus.
After Sun was federally charged, I held a press conference at the U.S. Attorney’s Office about the case. I addressed parents, guardians, and all other adults who are responsible for children in their lives. At the end of the day, my Office can prosecute as many cases as we can; our law enforcement officials can train to respond as quickly as they can; and we can continue to have as many forums, workshops, and seminars so that all of our tireless and brave school administrators and teachers are prepared to spot warning signs and to defend their classrooms, if necessary.
But I firmly believe that the true first responders are the parents and friends of our children. It is parents’ responsibility to know what their children are doing. No child should have access to firearms or other dangerous weapons without their parents’ or guardians’ knowledge. No child should be amassing an arsenal under the nose of the adults in their lives without the adults knowing about it. And when the adults know about it, they should do something about it. Ask questions. Go into your children’s bedrooms and look around. Pay attention to kids’ online behavior and social media accounts. Being a responsible parent means that your children’s business is your business.
In short, law enforcement cannot do it alone. We need to keep in mind that law enforcement is not the first line of defense. That honor – that duty – belongs to our citizens. They are the ones who will see the first clues that something is amiss in their everyday lives. They are the ones who will get a bad feeling about something at their schools, in their offices, during their social activities, who will need to make the call. There are too many stories of parents, of friends, of neighbors, who belatedly say they “always knew something was off” about someone in their lives, but they did not take action. They need to know that silence is not an option and that the community is there to help.
And a large part of the “we” answering the call is sitting in this very room. Police would not know where to go, mental health counselors would not know who to help, and my office would not know where to concentrate our efforts without your dedication and attention to the students you help each and every day. Again, if the student from the Sun case had told a school official who was not in-tune with the student body, something much more tragic could have occurred. Thank you to that school official. And thank you all for taking care of our children, keeping them intellectually curious, emotionally supported, and physically safe. The work you do is not easy; it does not always come with great fanfare or the praise and rewards that you deserve. But please know that in my opinion, and in the opinion of law enforcement officials everywhere, you are the vital lynchpin in every community. And I know I speak for many when I say that we are – and will be – forever grateful.
Thank you, and God bless you all.
Randolph County man indicted on drug distribution chargesRead the Press Release
ELKINS, WEST VIRGINIA – An Elkins, West Virginia man was arraigned today on multiple drug charges after being indicted by a federal grand jury sitting in Elkins on August 22, 2018, United States Attorney Bill Powell announced.
Thomas Roger Atohi, also known as “Smoke,” age 28, was indicted on one count of “Distribution of Methamphetamine” and two counts of “Distribution of Methamphetamine in Proximity of a Protected Location.” Atohi is accused of selling methamphetamine, sometimes near Beverly Elementary School and Elkins Christian Academy, in Randolph County in August, September, and October 2016.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Mountain Regional Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Magistrate Judge Michael John Aloi presided.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Queensbury Man Arrested for Attempting to Entice a MinorRead the Press Release
ALBANY, NEW YORK – James Seeley, age 54, of Queensbury, New York, appeared today on a criminal complaint charging him with attempting to entice and coerce a minor into a sexual act.
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 charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
The complaint charges Seeley, already a registered sex offender, with attempting to entice and coerce a person whom he believed to be an 11-year-old girl to engage in sexual contact with him. The charge filed against Seeley carries a maximum sentence of life in prison, a mandatory minimum sentence of 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to life. 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.
Seeley, who was arrested yesterday, appeared today before United States Magistrate Judge Christian F. Hummel, and was ordered detained pending a further hearing on Friday, October 26.
This case is being investigated by the FBI and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Katherine Kopita.
Quebec Man Sentenced to 151 Months for Trafficking OxycodoneRead the Press Release
ALBANY, NEW YORK – Robert Jon Lazore, age 42, of Snye, Quebec, was sentenced on Monday to 151 months in prison for conspiring to distribute oxycodone on the Akwesasne Mohawk Indian Reservation in Franklin County.
The announcement was made by United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of Homeland Security Investigations (HSI), Buffalo Field Office.
As part of his plea on June 22, 2018, Lazore admitted that between 2008 and November 2012, he operated a drug trafficking organization that distributed oxycodone on the Akwesasne Mohawk Indian Reservation, which straddles the United States and Canadian border along the Saint Lawrence River. Lazore obtained 5,000 oxycodone tablets at a time from Canadian suppliers for distribution on the reservation. Lazore used at least 8 couriers and runners to coordinate the distribution of oxycodone to his customers. These couriers and runners included Carrie Lazore, Teri Jo Lazore, Travis Adams, Todd Edwards, and James Labarr. Lazore regularly provided each courier with 100 to 200 tablets of oxycodone to sell to customers in both Canada and the United States.
In December 2017, Lazore was extradited from Canada to the United States following a term of imprisonment in Canada.
As part of the same case, the following people have pled guilty to conspiracy to distribute oxycodone, and been sentenced by United States District Judge Mae A. D’Agostino, as follows:
Name
Age
Residence
Sentence
Carrie Lazore
31
Snye, Quebec
33 months
Terri Jo Lazore
25
Akwesasne, Ontario
87 months
Travis Adams
33
Hogansburg, NY
78 months
Todd Edwards
28
Akwesasne, Ontario
46 months
James Labarr
25
Bombay, NY
46 months
This case was the result of close cooperative efforts of HSI, led by the Massena Residence Office, in conjunction with CBP, DEA, and the Saint Regis Mohawk Tribal Police. These agencies worked closely with the Royal Canadian Mounted Police, Akwesasne Mohawk Tribal Police, Ontario Provincial Police, Sûreté du Québec, and the Canada Border Services Agency, as well as U.S. Border Patrol, the New York State Police, St. Lawrence County Sheriff’s Office, Canton Police Department, Potsdam Police Department, and Plattsburgh Police Department.
This case was prosecuted by Assistant U.S. Attorneys Elizabeth R. Rabe and Troy Anderson. Lazore was extradited to face charges in the Northern District of New York with the assistance of the U.S. Department of Justice’s Office of International Affairs.
Prescription Drug “Take Back Day” in the Eastern District of WashingtonRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Saturday, October 27, 2018, from 10:00 a.m. to 2:00 p.m., is National Prescription Drug “Take Back Day.” This event will give the public its 16th opportunity in eight years to prevent pill abuse, diversion, and theft by ridding their homes of potentially dangerous, expired, unused, and unwanted prescription drugs.
Last Spring, Americans nation-wide turned in nearly 475 tons (949,046 pounds) of prescription drugs at more than 5,800 sites operated by the DEA and almost 4,700 of its state and local law enforcement partners. Of those numbers, Washington State collected 17,018 pounds of prescription drugs at approximately 70 collection sites operated by the DEA and 63 of its state and local law enforcement partners. In its 15 previous “take back” events, Washington State alone has collected 208,433 pounds of prescription drugs. Overall, in its 15 previous “Take Back” events, the DEA and its partners have taken in almost 10 million pounds – nearly 5,000 tons – of pills.
The disposal service is free and anonymous, no questions asked. Liquids, needles, or sharps cannot be accepted at the sites, only pills or patches.
This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. The Substance Abuse and Mental Health Services Administration’s National Survey on Drug Use and Health shows year after year that the majority of misused and abused prescription drugs are obtained from family and friends, including someone else’s medication being stolen from the home medicine cabinet. In addition, Americans are now advised that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—pose potential safety and health hazards.
Law enforcement agencies scheduled to participate as collection sites include: Asotin County Sheriff’s Office (Asotin County Fire Department); Colfax Police Department (City Hall); Connell Police Department (Connell City Hall); Kennewick Police Department; Odessa Police Department; Oroville Police Department; Othello Police Department; Pasco Police Department; Garfield County Sheriff’s Office; Pullman Police Department; Ferry County Corrections; Spokane Valley Police Precinct (Chas Health); Walla Walla Police Department; West Richland Police Department; Yakima Police Department (Cornerstone Medical Clinic/Virginia Mason Memorial); and Yakima County Crime Stoppers (Solarity Credit Union)
In the City of Spokane, year-round disposal sites are located at Spokane Police Department’s North Precinct, 5124 N. Market, Monday through Friday, 9:00 – 4:00; the Public Safety Building, 1100 W. Mallon Avenue, Monday through Friday 8:00 – 5:00; and Spokane Police Department’s Downtown Precinct in the Intermodal, 221 W. First, 24 hr/7 days a week. In Spokane County a year-round disposal site is located in the Spokane Valley Police Department lobby, 12710 E. Sprague Avenue, Monday through Friday, 8:00 – 5:00.
For more information about the disposal of prescription drugs and the October 27, 2018 Take Back Day event, go to www.DEATakeBack.com
Physician Charged in a $32 Million Illegal Opioid Distribution ConspiracyRead the Press Release
An indictment was unsealed today charging the owner and sole practitioner of a medical clinic with conspiracy to illegally distribute prescription drugs, U.S. Attorney Matthew Schneider announced today.
Schneider was joined in the announcement by Special Agent in Charge Timothy R. Slater, Federal Bureau of Investigation, Detroit Division, and Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Chicago Regional Office.
Charged in the indictment is Dr. Afzal Beemath, 42, of Waterford
The indictment alleges that from January 2013 through October 2018, Dr. Afzal Beemath conspired with others to issue a large number of prescription opioids to recruited “patients” who did not have a legitimate medical need for the drugs. Dr. Beemath operated Afzal Beemath, M.D., P.C., in Lathrup Village. Beemath only accepted cash at his clinic, and utilized the clinic to prescribe oxycodone and oxymorphone, two of the most addictive and diverted opioids that have a significant street value. Dr. Beemath, often-prescribed benzodiazepines in conjunction with the opioids, which when used together can be a lethal combination.
Patient recruiters brought supposed “patients” to the clinic to obtain medically unnecessary opioid prescriptions. The recruiters would then fill the prescriptions and sell the opioid pills on the street at a significant profit. According to the indictment, Dr. Beemath, issued more than1 million dosage units of Schedule II opioids during the course of the conspiracy. These controlled substances had a conservative street value in excess of $32,000,000.
“The damage that opioid distribution has done to our community and to the United States as a whole has been devastating,” said U.S. Attorney Schneider. “Our aggressive prosecutions of opioid crimes continues to focus not just on street dealers, but also on medical professionals who choose to violate federal law and their Hippocratic Oath to “first, do no harm’.”
“Dr. Beemath illegally prescribed painkillers for no legitimate medical purpose. Putting corrupt medical professionals like him out of business is one of several steps we are taking to turn the tide on the opioid crisis that has caused so much death and heartbreak in our communities,” said Special Agent in Charge Timothy R. Slater, Detroit Division of the FBI. “The FBI remains committed to working alongside our partners to ensure that those who ignore the law, put people at risk and contribute to this crisis are held accountable.”
“Writing prescriptions without medical necessity and outside the scope of professional medical practice is illegal and further fuels the opioid epidemic” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region. “The OIG will continue to focus our efforts on identifying and holding accountable those medical professionals who put their patient’s health and tax payer dollars at risk.”
This case is being prosecuted by Assistant United States Attorneys Regina R. McCullough, Brandy R. McMillion, and Andrew J. Lievense. The Eastern District of Michigan is one of the twelve districts included in the Opioid Fraud Abuse and Detection Unit, a Department of Justice initiative created by Attorney General Sessions, that uses data to target and prosecute individuals that are contributing to the nation’s opioid crisis.
The case was investigated by special agents and task force officers of the Federal Bureau of Investigation and the Department of Health and Human Services-Office of the Inspector General.
An indictment is only a charge and is not evidence of guilt. Each defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Pennsylvania Man Sentenced to 3 Years in Prison for Conspiring to Distribute Heroin and a Fentanyl AnalogueRead the Press Release
PITTSBURGH - A former resident of Allentown, Pennsylvania, has been sentenced in federal court to a term of imprisonment of three years, to be followed by three years of supervised release, on his conviction of conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin and a fentanyl analogue, United States Attorney Scott W. Brady announced today.
United States District Judge Nora Barry Fischer imposed the sentence yesterday on Donte Spence, age 21, formerly of Allentown, Pennsylvania.
According to information presented to the court, on November 3, 2016, agents from the Homeland Security Investigations, the Pennsylvania State Police, and the Monroeville Police Department, became aware of potential heroin trafficking occurring in Rooms 238 and 305 of the Days Inn, located in Monroeville, Pennsylvania. Surveillance was established and federal search warrants for Rooms 238 and 305 were obtained.
Officers apprehended Donte Spence and another individual in Room 238. When investigators arrived, Spence swiped a large amount of drugs off a desk causing the substances to become airborne. As a result, several members of law enforcement sought medical attention. Fortunately, they did not sustain any injuries. Investigators could plainly see powder heroin on at least two tables, a Magic Bullet blender and blenders full of heroin, and packaged heroin. Also found in the room was United States currency, packaging paraphernalia, and personal items. Another individual was apprehended in Room 305 with bagged and packaged heroin. Between the two rooms, over 200 grams of heroin containing furanyl fentanyl (a fentanyl analogue) were seized.
Assistant United States Attorney Shanicka L. Kennedy prosecuted this case on behalf of the government.
The Department of Homeland Security, the Pennsylvania State Police and the Monroeville Police Department conducted the investigation that led to the prosecution of Spence.
Passavant Memorial Homes and Subsidiaries Settle False Claims Act AllegationsRead the Press Release
PITTSBURGH – Passavant Memorial Homes, together with its subsidiaries Passavant Development Corporation, PDC Pharmacy Pittsburgh, PDC Pharmacy Philadelphia, and PDC Pharmacy Colorado, have agreed to pay the United States $1,850,000 to settle False Claims Act and Controlled Substances Act allegations, United States Attorney Scott W. Brady announced today.
Passavant’s pharmacies serve individuals with intellectual disabilities and other mental health needs through community residential programs, residential treatment facilities, intermediate care facilities, and other facilities. In many cases, Passavant bills federal healthcare programs, including Medicare and Medicaid, for dispensing controlled substances to these individuals.
The settlement resolves allegations that Passavant dispensed controlled substances on Schedules III, IV, and V of the DEA Controlled Substances List to patients for a legitimate medical purpose, but without a valid prescription and with only a physician order. Because Passavant submitted claims to Medicare and Medicaid for dispensing certain of these drugs without a prescription, the settlement also resolves alleged violations of the False Claims Act. Passavant voluntarily disclosed this information to the United States in 2015, cooperated with the investigation to identify the nature and scope of legal violations, and has implemented a policy change to stop the practice of prescribing with only a physician order.
This matter was investigated by the Diversion Control Division of the U.S. Drug Enforcement Administration and the Office of Inspector General of the Department of Health and Human Services. Assistant United States Attorneys Colin J. Callahan of the U.S. Attorney’s Office of the Western District of Pennsylvania, Mark J. Sherer and Anthony D. Scicchitano of the Eastern District of Pennsylvania, and Amanda Rocque of the District of Colorado handled this matter on behalf of the United States.
Owner and Operator of New Jersey-Based Real Benefits Association LLC Sentenced to 18 Months in Prison for Selling Bogus Health InsuranceRead the Press Release
TRENTON, N.J. – An insurance broker who stole nearly $1 million while continuing to sell health care coverage he knew was fake was sentenced today to 18 months in prison, U.S. Attorney Craig Carpenito announced.
David Clark, 75, of Morristown, New Jersey, previously pleaded guilty before U.S. District Judge Michael Shipp to an information charging him with conspiracy to commit wire fraud. Judge Shipp imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court:
Clark owned and operated Real Benefits Association LLC (RBA), a New Jersey limited liability company he incorporated on Dec. 17, 2003, under a similar name. Clark established RBA as a purported labor organization and as a way to market and sell health insurance to the general public through the RBA Welfare Plan. Initially, the Welfare Plan was fully insured through Perfect Health, a licensed New York insurance company. Participants paid insurance premiums to bank accounts of RBA or the Welfare Plan, which Clark then remitted to Perfect Health.
Perfect Health was purchased by Health Insurance Programs (HIP) in 2008, and HIP discontinued its insurance policy with the RBA Welfare Plan. The federal government notified Clark that RBA did not qualify as a labor organization and was required to cease operating.
Clark continued, however, to market and sell the health insurance plans to unsuspecting participants. Participants began to complain to their respective state insurance departments when their medical claims were not being paid, which prompted various departments throughout the United States to issue cease and desist orders.
Clark and conspirators continued to market and sell bogus health insurance, and from December 2008 to July 2011, they collected approximately $1.8 million in premiums for RBA health insurance coverage. Clark diverted $962,027 from the premiums paid by RBA participants for his personal use, including by using victims’ premiums to fund personal debit and credit card purchases, college tuition payments and deposits to a relative’s bank account.
In addition to the prison term, Judge Shipp sentenced Clark to two years of supervised release.
U.S. Attorney Carpenito credited special agents of the U. S. Department of Labor Office of Inspector General, under the direction of Special Agent in Charge for the New York Region Michael C. Mikulka; the U.S. Department of Labor Employee Benefits Security Administration (EBSA), under the direction of Darren Cohen, Regional Director; and postal inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge James Buthorn, with the investigation leading to today’s sentencing.
The government is represented by Senior Trial Counsel Jacob T. Elberg of the U.S. Attorney’s Office’s Health Care and Government Fraud Unit in Newark.
If you have information or think you might be a victim of this scheme, please contact (866) 444-3272 to speak to an EBSA benefits advisor.
Defense counsel: John P. McDonald Esq., Somerville, New Jersey
Okmulgee Man Sentenced to 42 Months for Possession of Firearm, AmmunitionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Kenneth Delano Fultz, Jr., age 46, of Okmulgee, Oklahoma, was sentenced to 42 months imprisonment and 3 years supervised release for Felon in Possession of Firearm and Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) and 924(e)(1). The charges arose from an investigation by the Okmulgee Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Indictment alleged that on or about January 16, 2018, within the Eastern District of Oklahoma, the defendant, Kenneth Delano Fultz, Jr., having been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed a Sig Sauer, Model SP, 9mm semi-automatic pistol, a firearm in and affecting commerce, and Eleven (11) rounds Tulammo, 7.62 x 39 caliber ammunition, which had been shipped and transported in interstate commerce.
United States Attorney Brian J. Kuester said, “This investigation and prosecution is one of many such cases in Okmulgee County and throughout the Eastern District of Oklahoma since Project Safe Neighborhoods (“PSN”) was reemphasized by the Department of Justice a year ago. One of the defining characteristics of PSN is that state, local, tribal, and federal agencies work together to take violent criminals off the street, thereby reducing violent crime. This is one of many successes that has occurred as a result of close working relationships between the Okmulgee Police Department and the ATF.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Linda Epperley represented the United States. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served.
North Branford Man Sentenced to Prison for Downloading Child Pornography from the Dark WebRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that MICHAEL BAUER, 37, of North Branford, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 35 months of imprisonment, followed by five years of supervised release, for downloading child pornography from the dark web.
According to court documents and statements made in court, this matter stems from “Operation Pacifier,” an FBI investigation into Playpen, a global online forum through which registered users advertised, distributed and accessed child pornography. On February 20, 2015, the FBI seized a computer server hosting Playpen from a webhosting facility in North Carolina. Pursuant to a federal court order in the Eastern District of Virginia, the website operated under FBI supervision February 20 to March 4, 2015. During that time, the FBI collected information to identify members of Playpen.
Playpen had more than 150,000 members who created and viewed tens of thousands of postings related to child pornography. Images and videos shared through the site were highly categorized according to victim age and gender, as well as the type of sexual activity. The site also included discussion forums that included tips for grooming victims and avoiding detection.
The FBI determined that a user name connected to an IP address operating at BAUER’s North Branford residence had accessed Playpen for more than 53 hours between September 2014 and March 2015.
On December 10, 2015, the FBI conducted a court-authorized search of BAUER’s North Branford residence and seized approximately 19 electronic devices, including external hard drives. A forensic examination of the seized devices revealed more than 100,000 images and more than 1,300 videos of child pornography, including images and videos depicting children younger than 12 engaged in sexually explicit conduct. Some of the images and videos depict sadistic and masochistic conduct.
On May 7, 2018, Bauer pleaded guilty to one count of possession of child pornography.
BAUER, who is released on a $100,000 bond, was ordered to report to prison on January 11, 2019.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Norteño Gang Associate Sentenced to 12 Years in Prison for Participating in RICO Conspiracy and Being an Accessory After the Fact to an Attempted MurderRead the Press Release
SAN JOSE – Robert Loera was sentenced today to 144 months in prison for his role in a racketeering conspiracy and for being an accessory after the fact to an attempted murder, announced United States Attorney Alex G. Tse and Federal Bureau of Investigation (FBI) Special Agent in Charge John F. Bennett. The sentence was handed down earlier today by the Honorable Lucy H. Koh, U.S. District Judge.
On October 24, 2018, Loera, 38, of Salinas, pleaded guilty to the charges. According to his plea agreement, Loera admitted that from 2009 to 2011, he associated with gang members from Norteño street gang cliques, including “East Las Casitas” or “ELC,” “Salinas East Market” or “SEM,” and “Santa Rita.” Loera also admitted that from at least 2009 and continuing through at least 2011, he was a member of an Enterprise made up of Norteño street gang members and associates.
“The senseless violence of the Norteño gangs in Salinas demands that we respond with a constant and vigilant law enforcement approach,” said United States Attorney Tse. “We applaud the Court’s strong sentence for this gang associate, and hope that it will provide much needed solace to the defendant’s victims and send a clear message to the Salinas community that this office is dedicated to prosecuting those individuals engaged in gang violence, and even those who assist others to commit gang violence, to the fullest extent of the law.”
Loera acknowledged in his plea agreement that Enterprise members committed acts of violence to benefit the Norteño gang, specific Norteño street cliques, or the Enterprise, itself. Such acts of violence included murder, attempted murder, and robbery. For example, members of ELC sought to attack and kill members of rival Sureño gangs and members of other rival gangs. In addition, sometimes Norteño gang members from different cliques combined to engage in illegal activities, including narcotics trafficking and robberies. Further, Norteño cliques engaged in violence simply to assert their gang identities, to claim or protect their territory, to challenge or respond to a challenge, to retaliate against a rival gang or member, to gain notoriety and show their superiority over others, and to send others a message that they are strong, powerful, and not to be provoked.
Loera admitted that while an Enterprise member, members of the gang would kill, and try to kill, actual and suspected Sureños, persons who defied the will of the gang, and persons suspected of cooperating with law enforcement. Loera also admitted that on November 5, 2010, he picked up two gang members after one of them shot at suspected Sureños. While driving, Loera learned of the shooting and drove the gang members out of the area to help them evade police. Loera later was informed that one of the shooter’s victims was grazed in the head by a bullet and one was struck in the hand, causing serious bodily injury.
Loera’s plea agreement also contains a list of crimes in which he participated directly, including the following:
- On September 13, 2010, Loera assisted three gang members in the robbery of a CVS pharmacy in Salinas. Loera remained outside in a vehicle, while gang members went inside and conducted the robbery using at least one firearm, which was brandished during the robbery. Approximately $8,000 was stolen during the robbery.
- On November 18, 2010, Loera assisted in the robbery of the Jewelry Outlet jewelry store in Salinas. Loera waited in a getaway car while gang members entered the jewelry store armed with two handguns which they brandished while robbing the store. After the robbery, Loera drove the robbers away in the car. The jewelry store lost approximately $45,000 from the robbery.
- On February 1, 2010, Loera assisted in the robbery of another jewelry store in Watsonville, Calif. Loera remained outside in a car monitoring a scanner for police activity in the area while gang members entered the jewelry store and brandished firearms during the robbery. The jewelry store lost approximately $80,000 from the robbery.
On October 28, 2015, a grand jury charged Loera with one count each of racketeering conspiracy, in violation of 18 U.S.C. § 1962(d); conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(5); conspiracy to commit assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(6); conspiracy to commit robbery affecting interstate commerce, in violation of 18 U.S.C. § 1951(a); conspiracy to rob banks and credit unions, in violation of 18 U.S.C. §§ 2113(a) and (d), and 371; and accessory after the fact, in violation of 18 U.S.C. §§ 1959(a)(5) and 3. Loera also was charged with two counts of using a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A) and 2. Pursuant to his plea agreement, Loera pleaded guilty to the racketeering conspiracy charge and the accessory charge.
In addition to the prison term, Judge Koh also sentenced Loera to a five-year period of supervised release, to commence after Loera completes his prison sentence. Loera has been in federal custody since his arrest on this case in November 2015, and will begin serving his sentence immediately.
Assistant U.S. Attorneys Kimberly Hopkins, Christiaan Highsmith, and Stephen Meyer are prosecuting the case with the assistance of Nina Williams, Adria Trgovich, and Lance Libatique. The investigation leading to the indictment was initially led by the Salinas Police Department and later adopted as part of the FBI’s crackdown on Norteño gangs in Monterey County. The prosecution is the result of an investigation by the FBI and the Salinas Police Department, which has played, and continues to play, a critical role in support of the case.
New York Men Arrested During $1 Million Cocaine DealRead the Press Release
ALEXANDRIA, Va. – Three New York area men made their initial appearances in federal court this afternoon after they were arrested yesterday in Fairfax County for conspiring to purchase 100 kilograms of cocaine. Law enforcement seized over $1 million in cash at the time of the arrest.
According to court documents, Luis Rafael Tavarez, aka “El Primo,” 36, Manny Lizardo, 24, and Luis M. Liriano-Toribio, 31, all of whom reside in the New York area, are charged with conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine. The men allegedly traveled from New York to Fairfax County to obtain 100 kilograms of cocaine (50 kilograms up front, and another 50 kilograms on consignment) in exchange for over $1 million in cash. Lizardo and Liriano-Toribio traveled to assist Tavarez in trafficking and/or transporting the large shipment of cocaine back to New York. Tavarez served as the main point of contact for the operation, and was arrested at a hotel in Vienna in possession of the cash. Lizardo, who inspected and attempted to test the cocaine, and Liriano-Toribio, who voluntarily joined the conspiracy and participated in the trip in exchange for thousands of dollars, were arrested in a parking garage in Fairfax attempting to take possession of the cocaine.
Each defendant faces a mandatory minimum penalty of 10 years and a maximum penalty of life in prison if convicted. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Scott W. Hoernke, Acting Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, Colonel Gary T. Settle, Superintendent of Virginia State Police, Patrick J. Lechleitner, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C., and Colonel Edwin C. Roessler Jr., Fairfax County Chief of Police, made the announcement. Assistant U.S. Attorney Raj Parekh is prosecuting the case.
Significant assistance with this investigation was provided by the Vienna Police Department, Prince George’s County Police Department, Charles County Sheriff’s Office and D.C. Metropolitan Police Department.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-mj-510.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
New Haven Woman Who Distributed Crack is SentencedRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that DEQUEISHA SLEDGE, also known as “Queish” and “Shontay,” 36, of New Haven, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 18 months of home confinement and five years of supervised release for her role in a New Haven drug distribution ring.
According to court documents and statements made in court, in June 2017, the FBI’s New Haven Safe Streets/Gang Task Force initiated an investigation into a New Haven drug trafficking organization. The investigation, which included physical surveillance, 13 controlled purchases of narcotics, and court-authorized wiretaps on multiple phones, revealed that members of the organization were distributing crack cocaine and oxycodone in the New Haven area.
Sledge distributed crack cocaine on behalf of the organization numerous times between September 2017 and January 2018. She also collected drug proceeds from other members of the organization.
Sledge and several other members of the organization were arrested on federal criminal complaints on February 6, 2018. On February 8, a grand jury in New Haven returned a 30-count indictment charging Sledge and 18 other individuals with various offenses.
On July 2, 2018, Sledge pleaded guilty to one count of conspiracy to distribute, and to possess with intent to distribute, cocaine base (“crack”).
This matter is being investigated by the FBI’s New Haven Safe Streets/Gang Task Force, which includes members from the New Haven Police Department, Milford Police Department, West Haven Police Department and Connecticut Department of Correction. The case is being prosecuted by Assistant U.S. Attorneys Patrick F. Caruso and David C. Nelson.
New Haven Man Pleads Guilty to Heroin Distribution ChargeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that CURTIS DRAUGHN, also known as “Kirk,” 63, of New Haven, pleaded guilty yesterday in New Haven federal court to one count of possession with intent to distribute, and distribution of, heroin.
This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents and statements made in court, following the December 2016 overdose death of a 33-year-old New Haven man, investigators determined that the victim had called “Kirk” prior to his overdose. In May 2017, investigators contacted “Kirk,” who was identified to be Draughn, asking about purchasing heroin. In May, June and August 2017, investigators made three controlled purchases of heroin from Draughn.
Draughn was arrested on October 25, 2017, and a federal grand jury later returned an indictment charging him with the three heroin sales.
The charge of distribution of heroin carries a maximum term of imprisonment of 20 years. Draughn is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant in Hartford on February 14, 2019.
Draughn is released on a $100,000 bond pending sentencing.
This matter has been investigated by the Drug Enforcement Administration’s New Haven Task Force and the New Haven Police Department. The case is being prosecuted by Assistant U.S. Attorney Peter S. Jongbloed and Law Student Intern John Super.
New Haven Man Pleads Guilty to Drug Charge Stemming from Investigation into Distribution of "K2"Read the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Patrick Griffin, State’s Attorney for the Judicial District of New Haven, announced that QUENTIN STAGGERS, 47, of New Haven, pleaded guilty today before U.S. District Judge Janet C. Hall in New Haven to possessing with intent to distribute a synthetic cannabinoid commonly known as “K2.”
This matter stems from a joint investigation by multiple law enforcement agencies into the distribution of K2 on the New Haven Green in July 2018.
According to court documents and statements made in court, on July 20, 2018, investigators conducted a trash pull at Staggers’ Farren Avenue residence and discovered suspected K2 packaging. The packaging and residue were submitted to the DEA’s forensic laboratory for testing. The tests confirmed the presence of AMB-FUBINACA, a synthetic cannabinoid, which is a Schedule I, federally controlled substance.
Staggers was arrested on August 16, 2018.
Judge Hall scheduled sentencing for January 16, 2019, at which time Staggers faces a maximum term of imprisonment of 20 years.
Staggers is released on a $100,000 bond pending sentencing.
This matter is being investigated by the DEA’s New Haven Task Force and the New Haven and Branford Police Departments. The case is being prosecuted by Assistant U.S. Attorneys Patrick F. Caruso and William J. Nardini, and Assistant State’s Attorney Karen Roberg.
Montana law enforcement team honored by Department of Justice for work in Fort Peck kidnapping caseRead the Press Release
WASHINGTON—Attorney General Jeff Sessions on Wednesday recognized a team of Montana law enforcement officers from multiple agencies for their work in the arrest and prosecution of a man convicted in the 2016 kidnapping and assault of a young girl on the Fort Peck Indian Reservation.
Sessions honored 15 individuals from federal, state, tribal and local law enforcement agencies, who were among 244 Department of Justice employees and 36 other individuals outside of the department, for their distinguished public service at the 66th Annual Attorney General’s Award Ceremony.
Montana U.S. Attorney Kurt Alme praised the work of multiple law enforcement agencies in the case. “This child is alive today because of the outstanding teamwork of many federal, state, tribal and local law enforcement officers,” Alme said. “They, together with the victim specialists and assistant U.S. attorney who prosecuted the case, ensured this child received the care she needed and brought the offender to justice through their personal dedication to the people we serve,” he said.
The case began in February 2016 when a girl was abducted from a park in Wolf Point. A massive, coordinated search and investigation involving more than 120 personnel from federal, state, tribal and local agencies ultimately led to the victim being found alive two days later in a remote area near Wolf Point. The victim had been assaulted and left for dead in freezing winter conditions.
The investigation led to the suspect, John William Lieba II, who was 20 at the time, being charged in the case. A federal jury convicted Lieba of kidnapping, abuse and assault charges after deliberating 27 minutes.
In a sentencing memo filed in federal court, Assistant U.S. Attorney Ryan Weldon said, “Lieba, through his actions, forced every parent in Montana to confront their worst nightmare.”
U.S. District Judge Brian Morris sentenced Lieba in July 2017 to 500 months (41.6 years) in prison and five years of supervised release.
Those honored for their work in the case include Ryan Weldon, U.S. Attorney’s Office; David Burns, Harry Murphy III, Craig Overby, Michelle Stewart, Kelli Burns, Julia Meredith, FBI; Matthew Kroeger, U.S. Customs & Border Protection; Chad Greenwood, Bureau of Indian Affairs; Ken Trottier, Lewis Matthews, Sean Red Boy, Angela Matthews, Fort Peck Tribes Criminal Investigations; Corey Reum, Patrick O’Connor, Roosevelt County Sheriff’s Office.
The Lieba case was investigated by the FBI, the Fort Peck Tribes’ Department of Law and Justice, Roosevelt County Sheriff’s Office and multiple other federal, state and local agencies.
In honoring the recipients of the Attorney General’s Award, Sessions said, “Service in the Department of Justice is more than a normal job; it is a calling to the highest standards of professionalism. That is true for all of the 115,000 Department of Justice employees. But it is especially true for these award winners.”
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Mingo County Man Pleads Guilty to Federal Gun and Drug CrimesRead the Press Release
CHARLESTON, W.Va. – A Mingo County man pled guilty today to federal gun and drug crimes, announced United States Attorney Mike Stuart. Anthony Fleming, 33, of Dingess, West Virginia, entered his guilty plea to possession with intent to distribute methamphetamine, and carrying a firearm during and in relation to that crime. Stuart commended the investigative efforts of the Mingo County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“Gun-toting drug dealers can be found in every county in the Southern District,” said United States Attorney Mike Stuart. “And we are committed to prosecuting each and every one of them.”
Fleming admitted that on November 7, 2017, he possessed and intended to distribute 18 grams of methamphetamine while traveling in Dingess, Mingo County, West Virginia. He also admitted to carrying a pistol when he committed that crime, adding that he carried the gun to protect himself when he sold methamphetamine.
Fleming now faces a sentence of five years up to forty years on the drug charge, to be followed by consecutive sentence of five years up to life on the gun charge. Fleming’s sentencing will be held on January 24, 2019.
Assistant United States Attorney Matt Davis is responsible for the prosecution. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.
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.
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Mexican National Sentenced to Years in Federal Prison for Methamphetamine Trafficking and Money LaunderingRead the Press Release
BILLINGS - The U.S. Attorney’s Office announced today that Marco Antonio Alvarez-Acevedo, a 28 year-old citizen of Mexico and resident of Sunnyside, Washington, was sentenced to 70 months in prison for conviction on methamphetamine trafficking and money laundering charges.
U.S. District Judge Susan Watters presided at the sentencing.
Alvarez was convicted of possession with intent to distribute meth and conspiracy to commit money laundering.
In the summer of 2016, Drug Enforcement Administration agents learned from sources that Alvarez was a member of a drug trafficking organization in Washington that transported meth to Billings-area meth distributor Pedro Carrasco. Sources indicated that Alvarez helped distribute methamphetamine to Carrasco and collect money from the sale of the meth.
During the investigation, agents obtained a contact number for a phone used by Alvarez. An undercover agent communicated with Alvarez via phone and arranged for Alvarez to ship approximately one pound of methamphetamine to Billings. The package of meth was then seized in Billings. A DEA lab analysis of the meth determined the package contained 442.7 grams of pure meth.
The undercover agent continued communicating with Alvarez, who decided to travel to Montana in April 2016 to deliver more meth and collect money. While traveling to Billings, Alvarez’s vehicle was stopped near Bozeman and agents confirmed that Alvarez was in the vehicle. Agents searched the vehicle but did not seize any additional meth.
Alvarez was held responsible for distributing 442.7 grams of pure meth. That converts to 3,541 individual doses of pure meth that would have potentially reached drug users in Montana.
In addition, Carrasco was sentenced in February 2018 to 14 years in federal prison for conspiracy to possess with intent to distribute meth and conspiracy to commit money laundering.
This case was investigated by the DEA; Internal Revenue Service; Bureau of Alcohol, Tobacco, Firearms and Explosives; Eastern Montana High Intensity Drug Trafficking Area Task Force; Montana Highway Patrol; and multiple other federal, state, and local agencies.
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.
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Mexican Man Who Used Another Person’s Name and Social Security Number Sentenced to PrisonRead the Press Release
A Mexican man who used a false identification document to obtain a job was sentenced today to more than three months in federal prison.
Jose Moctezuma-Hernandez, age 33, a citizen of Mexico illegally present in the United States and living in Fort Dodge, Iowa, received the prison term after an August 23, 2018, guilty plea to one count of unlawful use of an identification document.
At the guilty plea, Moctezuma-Hernandez admitted he used a fraudulent Social Security card when he completed an employment form at a business in Clarion, Iowa, on December 1, 2015. Moctezuma-Hernandez, claiming to be a United States citizen, used the name, date of birth, and social security number of a United States citizen on the employment paperwork. Moctezuma-Hernandez came to the attention of immigration authorities in July 2018 following his third conviction for driving while barred in Wright County, Iowa. Moctezuma-Hernandez was previously removed to Mexico in June 2004 after illegally entering the United States.
Moctezuma-Hernandez was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Moctezuma-Hernandez was sentenced to 94 days’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Moctezuma-Hernandez is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-3030-LTS.
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Mesa Man Sentenced to 7 Years for Distribution of HeroinRead the Press Release
PHOENIX – This week, Daniel George Luntraru, 33, of Mesa, Ariz., was sentenced by U.S. District Judge Steven P. Logan to 84 months’ imprisonment, to be followed by three years of supervised release. Luntraru had previously pleaded guilty to four counts of distribution of heroin and one count of possession with intent to distribute heroin. Luntraru was sentenced to 84 months imprisonment on each of the five counts, with the sentences to be served concurrently.
On March 8, 2015, Luntraru sold heroin to a heroin user who resided at a men’s sober living home in Mesa, Ariz. That user had purchased the heroin for himself and another resident of the home. The other resident was found dead in his room the next morning, and an autopsy by the Maricopa County Medical Examiner’s office found the cause of death to be acute heroin intoxication. The Drug Enforcement Administration (DEA) began an investigation after being made aware of the circumstances of the death in early 2017, and observed Luntraru conduct hand-to-hand sales of heroin near his apartment. In June 2017, agents executed a federal search warrant at Luntraru’s apartment and found additional sale quantities of heroin.
The investigation in this case was conducted by the DEA, Mesa Police Department, and the Maricopa County Medical Examiner’s Office. The prosecution was handled by Assistant U.S. Attorneys Glenn McCormick and Don Pashayan, District of Arizona, Phoenix.
CASE NUMBER: 17-0807-PHX-SPL
RELEASE NUMBER: 2018-137_ Luntraru
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Member of the Violent “Murdaland Mafia Piru” Bloods Gang Sentenced to 12 Years in Federal Prison for Racketeering and Drug ConspiraciesRead the Press Release
Baltimore, Maryland - U.S. District Judge Catherine C. Blake sentenced Jacob Bowling, a/k/a “Jakey,” age 32, of Baltimore, Maryland today to 12 years in prison, followed by five years of supervised release for racketeering and drug conspiracies related to his participation in the gang activities of the Murdaland Mafia Piru (MMP), a subset of the Bloods gang.
The sentence was 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; Interim Commissioner Gary Tuggle of the Baltimore Police Department; Chief Terrence B. Sheridan of the Baltimore County Police Department; Baltimore City State’s Attorney Marilyn J. Mosby; and Baltimore County State’s Attorney Scott Shellenberger.
“Federal, state, and local law enforcement worked together to identify and dismantle this criminal organization that dealt drugs and despair in Northwest Baltimore and Baltimore County,” said U.S. Attorney Robert K. Hur. “We are committed to removing armed, violent criminals from our neighborhoods and bringing them to justice in the federal system, which has no parole—ever.”
“Investigating, arresting, and incarcerating criminals who use guns and violence to intimidate communities and commit violent crime is ATF’s focus here in Baltimore, a mission that our state and local law enforcement partners feel equally as strongly about,” said ATF Special Agent in Charge Rob Cekada. “Anyone carrying guns on the streets of Baltimore to expand and defend drug territory should look to Jacob Bowling’s sentence as a lesson.”
According to Bowling’s plea agreement and court documents, MMP, also known as the “Mob” or “Mobsters,” is a violent subset of the Bloods gang that operates in Maryland and elsewhere. MMP was modeled after the Italian Mafia, and was organized hierarchically, with “the Don,” at the top and various “Bosses,” “Underbosses,” “Capos,” “Lieutenants,” and “Mobsters” underneath. For many years, MMP has controlled the drug trade in large swaths of Northwest Baltimore City and neighboring Baltimore County, including Forest Park, Windsor Mill, Gwynn Oak, Howard Park, Woodlawn, and Walbrook Junction. The gang’s drug shop in the 5200 block of Windsor Mill Road was particularly lucrative due to its close proximity to Interstate 70, and it frequently attracted drug customers driving from Western Maryland and neighboring states. MMP’s members enriched themselves through drug trafficking and other criminal activities, and by using violence and threats of violence to intimidate or retaliate against witnesses, protect the gang’s territories, enforce debts, and eliminate rivals.
Bowling was a member of MMP and participated in the gang’s affairs through a pattern of racketeering activities, including drug distribution.
Specifically, on May 9, 2016, Bowling and other MMP members attended the funeral of a murdered MMP member and draped a red banner emblazoned with the letters “MMP” over his casket. Between June and August 2016, Bowling distributed a total of 106 grams of crack cocaine to confidential informants who were wearing audio-visual recording devices. In August 2016, law enforcement obtained a wiretap for Bowling’s cell phone and overheard him discussing drug and gang business with other MMP members. During another call, an individual told Bowling that he had found Bowling’s gun in the couch and removed it to a cabinet. Bowling told the person to be careful because the firearm was loaded “with one in the nose.” In another call, Bowling received a call from a MMP member who was in prison, telling him that another incarcerated MMP member wanted an individual to “get sanctioned” because he had not put money on the incarcerated MMP member’s account, as promised. Bowling replied, “Alright, say no more. I’m gonna take care of that.”
On September 27, 2016, law enforcement executed a search warrant at Bowling’s residence and recovered a 9mm caliber magazine, small ziplock baggies, a digital scale and razor blade, and photographs of Bowling with other MMP members.
Finally, Bowling conspired with other MMP members to distribute at least one kilogram of heroin and 280 grams of crack cocaine.
In addition to Bowling, eighteen of twenty-six defendants have pleaded guilty in the case. Trial for the remaining defendants is scheduled for March 18, 2019.
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 praised the ATF, the Baltimore City and Baltimore County Police Departments, and the Baltimore City and Baltimore County State’s Attorney’s Offices for their work in the investigation and prosecution. Mr. Hur thanked Assistant United States Attorneys Christina Hoffman and Lauren E. Perry, who are prosecuting the case.
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Man Charged with Drug Distribution Resulting in Death of Newark ManRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced that on October 23, 2018, Robin Cintron-Pratts a/k/a Emanuel Jimenez was charged by Second Superseding Indictment with participating in a conspiracy to distribute drugs that resulted in the death of Joel Davis. The conspiracy is alleged to have lasted from at least January 2017 through March 2017, and to involve 100 grams or more of heroin and an amount of fentanyl.
The Second Superseding Indictment alleges that Cintron-Pratts was a drug supplier who, through a chain of sub-distributors, provided Joel Davis, a 28 year old Newark man, with baggies of fentanyl that caused his death. He is further alleged to have provided large quantities of heroin to at least one customer over the course of several months. More details regarding the allegations are included in the attached Second Superseding Indictment. The mandatory minimum penalty for conspiracy to possess with intent to distribute heroin/fentanyl that results in the death of another person is twenty years with a maximum penalty of life.
This case illustrates the dangers presented by fentanyl, a synthetic opioid, that is often mixed with heroin without the knowledge of the drug user. Joel Davis was one of 72,000 overdose deaths nationwide in 2017 and one of 345 people to die of a drug overdose in the State of Delaware that year.
Fentanyl-laced heroin overdoses have created a public health emergency in Delaware, and that emergency demands a multi-faceted response. Law enforcement needs to be a critical part of this response. Working with its law enforcement partners statewide, the United States Attorney’s Office has established the First State Overdose Task Force to address this crisis. The Task Force Officers (TFOs) will consist of state and local law enforcement representatives across Delaware who will be federally deputized and supervised by the Drug Enforcement Administration. These TFOs will interface with patrol officers working in their home agencies to ensure that overdose deaths are investigated thoroughly, starting with the crime scene. A goal of the Task Force is to work “up the chain” to identify major drug suppliers like Cintron-Pratts, whose distribution of drugs cause deaths.
The charges in the Cintron-Pratts Second Superseding Indictment are only allegations. The defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt. The Cintron-Pratts case was investigated by the Drug Enforcement Administration with assistance from the Newark Police Department and the New Castle County Police Department. This case is being prosecuted by Assistant U.S. Attorney Jennifer K. Welsh.
Local Man Sentenced for Role in New York City to Pittsburgh Heroin ConspiracyRead the Press Release
PITTSBURGH - A resident of Upper St. Clair, Pennsylvania, has been sentenced in federal court to a term of imprisonment of three years and 10 months, to be followed by three years of supervised release on his conviction of conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin, United States Attorney Scott W. Brady announced today.
Senior United States District Judge David S. Cercone imposed the sentence on Antonio Reynoso, age 39.
According to information presented to the court, starting in early 2014, the DEA began an investigation into drug trafficking in the New Kensington area. The investigation led to Title III wiretap interceptions over the phones of several individuals involved in a heroin trafficking conspiracy which spanned the greater Pittsburgh area. The defendant’s phone was tapped as a result of the investigation. Agents determined that the defendant worked with others to obtain heroin in New York City to distribute in the Pittsburgh area. The defendant admitted that he was responsible for conspiring to distribute over one kilogram of heroin from January to May 2015.
Assistant United States Attorney Shanicka L. Kennedy prosecuted this case on behalf of the government.
A federally administered Organized Crime and Drug Enforcement Task Force (OCDETF) comprised of members drawn from the Drug Enforcement Administration, the Allegheny County Sheriff’s Department, the Baldwin Borough Police Department, the Duquesne Police Department, Homeland Security Investigations, the Munhall Police Department, the Pennsylvania State Police, the City of Pittsburgh Bureau of Police, the Scott Township Police Department, and the West Homestead Police Department, along with assistance from the City of New Kensington Police Department and the Pennsylvania Attorney General’s Office, conducted the investigation leading to the indictment in this case.
Lifelong Pedophile and Violent Offender Committed to Federal Custody as a Sexually Dangerous PersonRead the Press Release
NEW BERN – United States Attorney Robert J. Higdon, Jr., announced that United States District Judge Louise W. Flanagan committed RONALD BAKER, 55, to the custody of the Attorney General as a sexually dangerous person under the Adam Walsh Child Protection and Safety Act of 2006.
BAKER has a history of sexually molesting children and engaging in violent assault. In 1982, at age 19, BAKER was convicted in the State of Missouri for First Degree Burglary and First Degree Assault after he burglarized the residence of an adult female and stabbed her numerous times with an ice pick. He was released on parole in January, 1993. In 1994, at age 30, BAKER was convicted in the State of Missouri of Attempted Rape of a Child under 14 years old, two counts of Sodomy of a Child under 14 years old, and six counts of First Degree Sexual Abuse of a Child under 12 years old. These charges related to sexual offenses BAKER committed against a child under the age of 12.
In 2007, at age 44, BAKER was prosecuted federally in the Eastern District of Missouri for Possession of Child Pornography after possessing images of child pornography at an airport chapel. He was sentenced to 10 years’ imprisonment and lifetime supervised release. BAKER was released from prison in October 2014, but violated the terms of his supervised release on multiple occasions, resulting in his return to federal prison. In August 2015, BAKER was arrested for violating the terms of his supervised release, including conditions prohibiting him from possessing obscene material and possessing or using a device with online access. He was sentenced to additional imprisonment for one year and one day. BAKER was released in August 2016 but was arrested just seven months later in March 2017 for again violating the terms of his supervised release, including conditions prohibiting him from committing another crime, frequenting, loitering, or residing near places frequented by children, possessing obscene material, and possessing or using a device with online access. For these violations, BAKER was sentenced to twenty four months’ imprisonment.
BAKER was scheduled for release from federal prison on December 22, 2018, but the United States certified him as a sexually dangerous person under the Adam Walsh Child Protection and Safety Act of 2006. Congress passed that Act in 2006 to provide another powerful legal mechanism for protecting the public from some of the most dangerous sexual offenders. The Act allows the United States to seek civil commitment of sexually dangerous persons who, because of a serious mental illness, abnormality, or disorder, would have serious difficulty refraining from sexually violent conduct or child molestation.
Reviewing those facts and other aspects of this case, three independent psychologists – including BAKER’s own selected examiner – agreed that he met the criteria for civil commitment as a sexually dangerous person. BAKER told one of the psychologists that he can’t control himself and “If I’m out there again, and opportunity showed up I would molest or rape another child.” BAKER told another psychologist that the prior burglary and assault offense “reminds [him] of what [he is] capable of . . . [he] can’t really rule anything out.” He also told that same psychologist that if a child was available to him in the community, he would “get a hold of a little girl and no holds barred – just rape her full throttle.” BAKER also admitted that as a teenager he molested several children for which he was never criminally prosecuted. BAKER’s stipulation to these facts and the experts’ reports were provided to Judge Flanagan who, on October 23, 2018, committed BAKER to the custody of the Attorney General.
“Ronald Baker is an extraordinarily dangerous sexual predator who repeatedly demonstrated he cannot control his deviant sexual urges. He even admitted as much to the psychologists who evaluated him,” said U.S. Attorney Higdon. “His civil commitment is unquestionably necessary to protect our children and communities from the obvious danger he presents.”
The United States Attorney’s Office for the Eastern District of North Carolina litigates all Adam Walsh Act cases for the entire country. All sexually dangerous persons who are committed to federal custody are housed in a federal facility in that district, where intensive, residential treatment is offered to them. BAKER is the eighty-second sexually dangerous person committed under the Adam Walsh Act.
Assistant United States Attorney Roberto F. Ramirez and Special Assistant United States Attorney Michael Lockridge represented the government in this case.
Leader of International Cocaine Trafficking Conspiracy SentencedRead the Press Release
RICHMOND, Va. – A Mexican man was sentenced today to 25 years in prison for his leadership role in transporting over 3,300 kilograms of cocaine for a large-scale Guatemalan drug trafficking organization (DTO) operating in Central America, as part of a coordinated international law enforcement investigation codenamed Operation Go Explorers.
According to court documents, Edgar A. Quinonez-Salazar, 40, was extradited to the United States in September 2017, served as a high-level leader within the DTO. In this leadership role, Quinonez organized cocaine transportation networks, negotiated cocaine purchases and sales of cocaine on behalf of the DTO, oversaw the construction of a semi-submersible vessel to transport cocaine, directed the movement of cocaine loads, and served as trusted advisor to the leader of the DTO. Operating throughout Central America, Quinonez knowingly orchestrated the movement of 3,339 kilograms of cocaine from Costa Rica to the Guatemalan-Mexican border on behalf of the DTO. In May 2016, Quinonez directed the use of violence against co-conspirators in an effort to locate approximately 500 kilograms of cocaine suspected to be stolen from the DTO off the Pacific coast of Guatemala. In September 2016, Guatemalan law enforcement authorities seized the semi-submersible vessel under construction by Quinonez and the DTO in Guatemala.
Operation Go Explorers was investigated as part of the Organized Crime and Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, weapons trafficking, and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Scott W. Hoernke, Acting Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, made the announcement after sentencing by Senior U.S. District Judge Henry E. Hudson. Assistant U.S. Attorneys Erik S. Siebert, Peter S. Duffey, and Heather H. Mansfield prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:16-cr-67.
Leader of Brooklyn Street Gang, Eight Trey Crips, Convicted of Murder In-Aid-Of RacketeeringRead the Press Release
Following eight days of trial, a federal jury in Brooklyn today convicted Larry Pagett, a leader of the Eight Trey Crips street gang, of murder in-aid-of racketeering. Pagett faces a mandatory sentence of life in prison when he is sentenced by United States District Judge William F. Kuntz, II.
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 James P. O’Neill, Commissioner, New York City Police Department, announced the verdict.
“Motivated by his twisted allegiance to the Eight Trey Crips street gang, Pagett opened fire with a handgun in a crowded nightclub, murdering a rival in cold blood and wounding an innocent bystander,” stated United States Attorney Donoghue. “Today’s verdict sends the message loud and clear that wanton violence will not be tolerated in our community. This Office and our law enforcement partners will continue working tirelessly to eradicate violent street gangs and bring to justice those criminals who value murder and mayhem over human life.”
“Gang members have shown they will do whatever necessary to maintain control over their turf and retaliate against those who they see as a threat,” stated FBI Assistant Director-in-Charge Sweeney. “As proven in court, Larry Pagett demonstrated this when he shot and killed someone in a crowded nightclub without regard for the lives of his victim or the myriad others who could have been hurt or killed by Pagett’s violent actions. With today’s verdict, justice has been served, and Pagett faces the prospect of spending the rest of his life in prison.”
As proven at trial, the Eight Trey Crips were based in and around the Flatbush Gardens housing complex. The Crips and the Folk Nation, a rival street gang, had been engaged in a deadly feud over territory in Brooklyn for years. On August 28, 2015, Pagett encountered Chrispine Philip, also known as “Droppa,” inside a crowded nightclub called the Buda Hookah Lounge located at 589 Flatbush Avenue. Pagett believed Philip was a member of the rival Folk Nation and blamed him for the murder of an Eight Trey Crips gang member in Trinidad in the Spring of 2015. Pagett pulled out a gun and shot Philip multiple times including with a final bullet to the back of his head. An innocent bystander in the nightclub was also shot in the stomach and arm, but survived. The murder was recorded on video surveillance cameras inside the club.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Patrick T. Hein and Mathew S. Miller are in charge of the prosecution.
The Defendant:
LARRY PAGETT (also known as “Biz,” Biz Loc” and “Molotovbizzz”)
Age: 39
Brooklyn, New YorkE.D.N.Y. Docket No. 17-CR-306 (WFK)
Kewa Pueblo Man Sentenced to Prison for Federal Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Jose Tenorio, 50, an enrolled member and resident of Kewa Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 63 months in prison followed by five years of supervised release for his conviction on child sexual abuse charges. Tenorio will also be required to register as a sex offender.
Tenorio was arrested on March 21, 2017, on a seven-count indictment charging him with kidnapping and abusive sexual contact offenses. The indictment charged Tenorio with kidnapping a child under the age of 18 (first victim) on May 18, 2016; engaging in abusive sexual contact with the first victim, who was then under the age of 12, two separate times between Jan. 1, 2015 and Jan 31, 2015, and three separate times on May 18, 2016. It also charged Tenorio with engaging in abusive sexual contact with a child between the age of 12 and 16 (second victim), two separate times between Aug. 23, 2006 and Aug. 22, 2007. According to the indictment, Tenorio committed the crimes on Kewa Pueblo in Sandoval County, N.M.
On May 11, 2018, Tenorio pled guilty to two counts of abusive sexual contact. In entering the guilty plea, Tenorio admitted that on May 18, 2016, he engaged in sexual contact with the first victim, who was then under the age of 12. Tenorio also admitted engaging in sexual contact with the second victim, who was then 13 years old, between Aug. 23, 2006 and Aug. 22, 2007. Tenorio previously pled guilty to the same charges in tribal court.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services. Assistant U.S. Attorney Nicholas J. Marshall prosecuted the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Kansas Man Pleads Guilty to Bank Fraud, Identity TheftRead the Press Release
KANSAS CITY, KAN. – A Kansas man pleaded guilty today to assuming his brother’s identity to get a loan and buy a car, U.S. Attorney Stephen McAllister said.
John Nolan, Jr., 64, pleaded guilty to one count of bank fraud and one count of aggravated identity theft. In his plea, Nolan admitted he fraudulently used his brother’s Social Security number to purchase a Chevrolet Suburban from a car dealership in Merriam, Kan. Nolan filled out a Wells Fargo credit application using his brother’s name, date of birth and Social Security number. He also provided a driver’s license with Nolan’s picture and his brother’s identifying information. Nolan’s brother was living in Saudi Arabia and had not communicated with the defendant for years.
Sentencing is set for Jan. 24. Both parties have agreed to recommend a sentence of 30 months in federal prison. McAllister commended Virgil Reichle, U.S. Secret Service, and Assistant U.S. Attorney Jabari Wamble for their work on the case.
KC Fire Captain Faces Additional Charges Related to Illegally Selling Firearms to FelonsRead the Press Release
KANSAS CITY, Mo. – A captain in the Kansas City, Mo., Fire Department was indicted by a federal grand jury today on additional charges related to the sale of firearms to convicted felons.
James Samuels, 53, of Kansas City, Mo., was charged in a 14-count indictment returned by a federal grand jury in Kansas City, Mo. Today’s indictment replaces a criminal complaint filed against Samuels on Oct. 1, 2018. Samuels has been in federal custody since his arrest on Oct. 4, 2018, and remains detained without bond.
The original charges of selling a firearm and ammunition to a prohibited person and knowingly transferring a firearm for use in a violent crime are included in today’s indictment. The indictment contains five additional counts of selling a firearm and ammunition to a prohibited person and two additional counts of knowingly transferring a firearm for use in a violent crime. Samuels is also charged with participating in a conspiracy to make false statements during the purchase of firearms, engaging in the business of dealing firearms without a license, possessing a stolen firearm, and two counts of possessing an unregistered firearm.
Today’s indictment alleges that, from July 7, 2014, to Oct. 4, 2018, Samuels conspired with others to make false statements to federally licensed firearms dealers by misrepresenting the identity of the actual buyer of firearms. The indictment cites numerous instances in which Samuels purchased firearms and transferred ownership to another person, who later reported the firearms had been stolen.
Law enforcement officers executed a search warrant at Samuels’s residence on Oct. 4, 2018, and seized 28 firearms (including 22 handguns, five rifles and one shotgun). Among the firearms seized was a Glock .40-caliber pistol with a TAC Isran GLR 440 stock installed, which was not registered to Samuels, and a Colt .45-caliber pistol, which had been reported stolen.
Samuels was arrested on Thursday, Oct. 4, 2018, following an undercover operation in which he sold an Armscor of the Philippines .38-caliber revolver to a confidential informant whom he knew to be a felon.
The indictment cites several controlled purchases by confidential informants, whom Samuels knew to be felons who could not legally possess firearms or ammunition, who told him they planned to use the firearms to commit homicides.
Samuels allegedly sold a Winchester 12-gauge shotgun and a box of shotgun shells to a confidential informant whom Samuels knew to be a felon on June 29, 2018. According to court documents, the confidential informant told Samuels he/she was going to use the shotgun to shoot people.
Samuels allegedly sold a Jimenez Arms 9mm handgun and ammunition to a confidential informant whom he knew to be a felon on July 19, 2018. On the same day, the indictment alleges, Samuels sold a box of shotgun shells and a box of .22-caliber long rifle ammunition to another confidential informant whom he knew to be a felon.
Samuels allegedly sold an American Tactical Imports Omni-Hybrid AR-15 rifle, an American Tactical Imports Omni-Hybrid AR-15 pistol and six boxes of ammunition to a confidential informant whom he knew was a convicted felon on Sept. 5, 2018. The AR-15 pistol with a vertical fore grip installed was not registered to Samuels. According to court documents, the confidential informant told Samuels he was going to use the firearms to shoot four people later that day.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Brad K. Kavanaugh. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Kansas City, Mo., Police Department.
Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone.
Justice Department, EPA, State of Mississippi Reach Nationwide Settlement with Chevron U.S.A. Inc. to Address Chemical Accident Prevention ViolationsRead the Press Release
The U.S. Department of Justice, the U.S. Environmental Protection Agency (EPA), and the Mississippi Department of Environmental Quality (MDEQ) announced a national settlement with Chevron U.S.A. Inc. (Chevron) that requires safety improvements at all of its petroleum refineries across the United States, resolving claims that the company violated provisions of the Clean Air Act aimed at preventing accidental releases of hazardous chemicals that can have serious consequences for public health and the environment.
As part of the proposed settlement, Chevron will spend approximately $150 million to replace vulnerable pipes, institute operating parameters and alarms for safer operation, improve corrosion inspections and training, centralize safety authority within the corporation, conduct a pilot study of safety controls for fired heaters, and make other safety improvements at all its domestic refineries. Chevron also will pay a $2.95 million civil penalty and will implement supplemental environmental projects worth at least $10 million in the communities surrounding the refineries in California, Mississippi, Utah, and Hawaii. The overall value of this settlement exceeds $160 million, which makes it the largest settlement in the history of the EPA’s enforcement of the Risk Management Plan Rule under Clean Air Act Section 112(r).
EPA’s initial investigation was spurred by an August 6, 2012 fire involving high-temperature hydrocarbons released in the Crude Unit at Chevron’s Richmond, California refinery. That fire prompted a shelter-in-place order by Contra Costa County officials, endangered 19 employees, and caused 15,000 local residents to seek medical attention. During EPA’s investigation, Chevron experienced accidental releases of regulated chemicals at two of its other refineries, including a 2013 explosion and fire in Pascagoula, Mississippi that caused the death of employee Tonya Graddy, and a 2013 rupture in El Segundo, California that caused a loss of power and flaring at the refinery.
“The Clean Air Act’s hazardous chemical risk management program is intended to protect local communities and American workers ,” said Acting Assistant Attorney General Jeffrey H. Wood for the Justice Department’s Environment and Natural Resources Division. “Today’s action, taken jointly with our enforcement partners at EPA and the State of Mississippi, strengthens emergency prevention and response systems at Chevron’s U.S. refineries, which will help to protect their workers and the communities in which they live from dangerous chemical accidents.”
“The 2012 fire at Chevron’s refinery in Richmond, California, heavily affected the surrounding area,” said United States Attorney Alex G. Tse of the Northern District of California. “Thousands of residents were ordered to shelter in place and over 15,000 nearby residents sought medical assistance. Under the agreement announced today, among other relief, Chevron will make safety improvements at its refineries, and will also implement supplemental environmental projects in the affected communities, including Richmond. This office will continue to ensure compliance by corporate citizens with laws that are intended to protect the environment and the residents’ right to know.”
“This case demonstrates the importance of performing equipment inspections and maintenance in accordance with environmental regulations,” said EPA Office of Enforcement and Compliance Assurance Assistant Administrator Susan Bodine. “Under this settlement Chevron, U.S.A Inc. will improve their safety systems and monitoring equipment, protecting their employees and the surrounding communities.”
The United States’ and Mississippi’s Complaint, filed concurrently with the proposed settlement today in the United States District Court for the Northern District of California, alleges violations of Section 112(r) of the Clean Air Act. Section 112(r) requires covered facilities to implement a systematic Risk Management Program to prevent accidental releases of dangerous substances, and to meet a general duty of care in designing and maintaining safe facilities. The Mississippi Department of Environmental Quality participated as co-plaintiff, exercising its concurrent authority to enforce the Risk Management Program regulations over Chevron’s Pascagoula refinery. This is the first case in which the United States and a state have jointly brought suit to enforce these provisions.
The proposed settlement also resolves claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act (EPCRA) regarding delayed reporting of an August 2, 2012, hydrogen sulfide release from Chevron’s Richmond facility.
The Supplemental Environmental Projects that Chevron has agreed to perform, valued at $10 million, will supply emergency response equipment to local jurisdictions surrounding the five subject refineries.
Chevron U.S.A. Inc. is the subsidiary of Chevron Corporation that owns and operates the corporation’s U.S. petroleum refineries. Chevron Corporation is the second-largest integrated energy company in the United States, and Chevron U.S.A. Inc. is the sixth-largest U.S. refiner as measured by crude oil distillation capacity. The proposed settlement covers all four Chevron U.S.A. Inc. refineries, which are located in Richmond and El Segundo, California; Pascagoula, Mississippi; and Salt Lake City, Utah; as well as a fifth refinery formerly owned and operated by Chevron, located in Kapolei, Hawaii. The Richmond component of the settlement builds on the relief achieved by previous state enforcement actions, including a 2013 criminal settlement with the California Attorney General’s Office and the District Attorney for Contra Costa County, and a 2017 settlement with the California Department of Industrial Relations, Occupational Safety and Health Division.
The proposed consent decree was lodged today in the U.S. District Court for the Northern District of California and is subject to a 30-day public comment period and final court approval. Information about submitting a public comment is available at: https://www.justice.gov/enrd/consent-decrees. More information about the settlement may be found at: https://www.epa.gov/enforcement/chevron-settlement-information-sheet.
Members of the public can help protect our environment by identifying and reporting environmental violations. Learn more here: https://www.epa.gov/enforcement/report-environmental-violation-general-information
Jury Finds Lafayette Man Guilty of Producing and Distributing Child PornographyRead the Press Release
SOUTH BEND – Shawn M. Dewitt, 34 years old, of Lafayette, Indiana, was found guilty of production, possession and distribution of child pornography after a three-day jury trial before U.S. District Court Judge Jon E. DeGuilio, announced U. S. Attorney Thomas L. Kirsch II.
According to documents in this case, on November 26, 2017, Dewitt responded to an advertisement posted on an online social networking forum which was posted by an undercover FBI task force agent in Washington DC, who was familiar with child exploitation investigations. In chatting with the undercover agent, Dewitt expressed a sexual interest in children and also informed the agent that he had access to two children for sexual purposes. Dewitt sent the undercover agent videos and images of child pornography and also asked the undercover officer to send him videos of sexual acts with the undercover agent’s fictional 9 year old daughter. The undercover agent sent an emergency referral to the Lafayette FBI office on November 27, 2017. Officers from the Lafayette police department and FBI agents conducted a search the next day and arrested Dewitt.
U.S. Attorney Thomas Kirsch II says, “This case demonstrates how rapidly the FBI and local law enforcement will respond in investigations where a child is at risk. Children are the most vulnerable victims and our office and law enforcement partners will do everything we can to protect them from exploitation.”
Dewitt will be sentenced on February 7, 2019. Because Dewitt was convicted of producing child pornography, by statute he must be sentenced to at least fifteen years’ incarceration. The judge will determine the sentence after considering the United States Sentencing Guidelines and sentencing statutes.
The case was investigated by the FBI and the Lafayette Police Department and was prosecuted by Assistant United States Attorney John M. Maciejczyk.
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Jacksonville Man Charged with FEMA Fraud Involving Tropical Storm Debby, Hurricanes Matthew and IrmaRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Lepoleon Spikes (46, Jacksonville) with five counts of wire fraud involving fraudulent disaster assistance applications made to the Federal Emergency Management Agency (FEMA). Spikes faces a maximum penalty of 20 years in federal prison on each count. The indictment also notifies Spikes that the United States is seeking a money judgment in the amount of $57,689.19, the proceeds of the alleged wire fraud.
Spikes was arrested earlier today and made his initial appearance in federal court. His trial is set for December 3, 2018.
According to the
indictment , in 2012, after Tropical Storm Debby, Spikes applied to FEMA for disaster assistance. In his application, he falsely claimed that he needed rental assistance because of damage to his home caused by Tropical Storm Debby. This false application resulted in Spikes receiving $24,870.38 in disaster assistance from FEMA. After Hurricane Matthew in 2016, Spikes again applied to FEMA for disaster assistance. He falsely claimed damage to his residence and requested rental assistance. This false application resulted in Spikes receiving $12,016.11 in disaster assistance from FEMA. In 2017, Spikes applied for disaster assistance from FEMA, stating that Hurricane Irma damaged his home. He falsely claimed that he needed rental assistance. This false application resulted in him receiving $20,802.70 in disaster assistance.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 U.S. Department of Homeland Security - Office of Inspector General. It will be prosecuted by Assistant United States Attorney Kevin C. Frein.
Individuals Charged with Defrauding Non-Profit Health-Care SystemRead the Press Release
DENVER – A federal grand jury for the District of Colorado returned an indictment on October 11, 2018 charging David Paul Rietz, age 59, of Arvada, Colorado and Richard Scott Cartwright, age 46, of Goodyear, Arizona with mail fraud, wire fraud, conspiracy to commit mail and wire fraud, aiding and abetting, money laundering, and conspiracy to commit money laundering U.S. Attorney Bob Troyer and IRS – Criminal Investigation Special Agent in Charge Steven Osborne announced. Rietz and Cartwright, who appeared at their initial appearances on October 15 and 18, respectively, were released on a personal recognizance bond. They have both entered not guilty pleas. A third defendant, Lyle William Perry, age 59, of Lakewood, Colorado, who was charged by information with conspiracy to commit money laundering on October 12, 2018, also entered a not guilty plea at his arraignment.
According to information contained in the indictment and information, Rietz was an employee of Catholic Health Initiatives (CHI), a nonprofit health-care system with headquarters in Englewood, Colorado, and Cartwright was a principal of Cross IT Group Corporation (Cross IT). Between approximately September 2013 and at least January 2014, Rietz and Cartwright conspired to defraud CHI and split the money obtained from CHI under materially false and fraudulent pretenses. Rietz was responsible for a software integration project at CHI involving use of proprietary software sold by a third-party company. Rietz used his authority to require that software company to use Cross IT as a third-party reseller and to hire Cross IT to implement the software..
In his role as software reseller and IT contractor for CHI, Cartwright submitted twenty-five “quotes” to CHI for software and services, totaling over $72 million. The quotes were based on specifications Rietz provided. Rietz then signed the Cross IT quotes to have them processed through the CHI system. Purchase orders were issued based on the submitted quotes and CHI eventually paid Cross IT $19,884,904.28 in four payments.
After receiving the CHI payments, Cartwright caused funds from the CHI payments to be transferred to bank accounts controlled by Perry, representing the payment was an investment in Perry’s company, Gradum, Inc. Perry then transferred funds to Reitz, falsely representing the payment from Gradum to Rietz were for legitimate purpose, including a “finder’s fee” of $1,760,000 for a real estate development project, the purchase of computer hardware for $590,000, and the purchase of gold coins for approximately $745,000 on behalf of Reitz.
Each count of mail fraud, wire fraud, conspiracy to commit mail and wire fraud, money laundering, and conspiracy to commit money laundering carries a penalty of not more than 20 years in prison, a fine of not more than $250,000 or not more than the greater of twice the gross pecuniary gain or loss from each offense, and restitution.
This case was investigated by Denver Division of the FBI and the Internal Revenue Service – Criminal Investigation.
This case is being prosecuted by Assistant United States Attorney Anna K. Edgar.
The charges contained in the indictment and information are allegations, and the defendants are presumed innocent unless and until proven guilty.
Hillsborough Community College Professor Arrested and Charged with Possession and Distribution of Child PornographyRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces today that Howard Joseph Vorder Bruegge, III (35, Tampa) has been arrested and charged by federal criminal complaint with possession and distribution of child pornography. Vorder Bruegge faces a mandatory minimum penalty of five years, and up to 20 years, in federal prison for the distribution charge, and a maximum penalty of 20 years’ imprisonment for the possession charge. A federal judge has denied Vorder Bruegge’s request for bail and ordered him detained pending trial. Vorder Bruegge is a mathematics professor at Hillsborough Community College.
According to the
complaint , an individual using the screen names “JoeBlow73” and “JoeBlowFL” had distributed child pornography on Kik Messenger, an internet-based communications app. Further investigation revealed that the IP address and subscriber information associated with those Kik accounts were linked to Vorder Bruegge and his Tampa residence.On October 23, 2018, agents from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations executed a search warrant at Vorder Bruegge’s home and seized several electronic devices. According to the complaint, during an interview with agents, Vorder Bruegge admitted to having distributed child pornography and that his cellphone contained images of child pornography. An examination of Vorder Bruegge’s cellphone revealed a collection of child-pornographic images and videos, including multiple videos involving infants. Federal agents arrested Vorder Bruegge at his home without incident.
A criminal complaint is only an allegation and every defendant is presumed innocent until proven guilty.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Frank Murray.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Haverhill Man Pleads Guilty to Participating in Fentanyl Trafficking ConspiracyRead the Press Release
Concord – United States Attorney Scott W. Murray announced that Trevor Ahearn, 28, of Haverhill, Massachusetts, pleaded guilty to participating in a conspiracy to distribute over 400 grams of fentanyl.
According to court documents and statements made in court, a drug trafficking organization employed the defendant to sell fentanyl to customers from various New England States, including New Hampshire. On each day that the defendant worked, the organization provided him with at least one 200-gram bag of fentanyl and expected him to sell it and return approximately $6,000 in proceeds. On more than five days, Ahearn sold at least one 200-gram bag of fentanyl. In addition to Ahearn, 33 defendants have been charged with participating in this conspiracy.
Ahearn is scheduled to be sentenced on January 31, 2018.
“Fentanyl trafficking has caused tremendous damage in New Hampshire,” said U.S. Attorney Murray. “In order to protect the citizens of the Granite State, we will continue to work closely with the entire law enforcement community to stop the flow of this deadly drug. It is imperative that we dismantle the criminal organizations that profit from the sale of illegal substances.”
This investigation was conducted by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
The case was a collaborative investigation that involved the DEA; the New Hampshire State Police; the Hillsborough County Sheriff’s Office; the Nashua Police Department; the Massachusetts State Police; the Massachusetts Attorney General’s Office; the New Hampshire Attorney General’s Office; the Essex County District Attorney’s Office; the Internal Revenue Service; Immigration and Customs Enforcement’s Homeland Security Investigations; United States Customs and Border Protection Boston Field Office; the United States Marshals Service; the United States Department of State’s Diplomatic Security Service; the Manchester Police Department; the Lisbon Police Department; the Littleton Police Department; the Seabrook Police Department; the Haverhill (MA) Police Department; the Methuen (MA) Police Department; the Lowell (MA) Police Department; and the Maine State Police.
The case is being prosecuted by Assistant United States Attorneys Georgiana L. Konesky and Seth R. Aframe.
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Hartford Man Convicted of Role in 2009 Kidnapping and Murder of West Hartford ManRead the Press Release
United States Attorney John H. Durham, Chief State’s Attorney Kevin T. Kane, Special Agent in Charge Brian C. Turner of the New Haven Division of the Federal Bureau of Investigation, and Hartford Police Chief David Rosado today announced that a federal jury in Bridgeport has found DOUGLAS LEE, also known as “Fly,” 43, of Hartford, guilty of a federal kidnapping charge related to his role in the kidnapping, robbery and execution-style murder of Charles Teasley, 35, of West Hartford, in January 2009.
The trial before U.S. District Judge Stefan R. Underhill began on October 15 and the jury returned the guilty verdict this afternoon.
This matter stems from an investigation conducted by the FBI’s Northern Connecticut Violent Crimes Task Force, Hartford Police Department and the Cold Case Homicide Unit of the Office of the Chief State’s Attorney.
According to evidence presented during the trial, on January 12, 2009, Hartford Police responded to Colebrook Street in response to a 911 call concerning a dead body being found in the back seat of a vehicle parked on the street. Upon arrival, Charles Teasley was found dead in the back seat of his own vehicle, a 1999 Acura TL. He had suffered multiple gunshot wounds to his head and face, and his hands were zip-tied behind his back.
The investigation revealed that Harold Cook, Gerund Cook, Terrell Hunter and Jesus Ashanti were involved in committing armed robberies of persons they believed to be drug dealers operating in the greater Hartford area. On January 9, 2009, Lee advised Cook that he had arranged to conduct a cocaine transaction with Charles Teasley, also known as “Man.” Lee provided the particulars of the planned transaction to Cook so that Teasley could be kidnapped and robbed of drugs and money. After Lee met with Teasley at the approximate time and location he had provided to Cook, Cook, Mickens, Hunter and Ashanti went to the location and kidnapped Teasley by using zip-ties to bind his hands and forcing him back into the rear seat of his own vehicle. In the vehicle, they threatened Teasley at gunpoint, assaulted him and forced him to make a telephone call directing his girlfriend to bring to Cook, Mickens, Hunter and Ashanti a safe that Teasley had kept at his and his girlfriend’s West Hartford residence. They drove to the residence and acquired the safe. Cook, Mickens and Hunter then drove Teasley to the Colebrook Street area of Hartford, and Ashanti followed them in a separate car. On the way, Hunter and Cook shot Teasley in the head causing his death. After arriving on Colebrook Street, Cook, Mickens and Hunter left the Acura and Teasley’s body, and then fled the area in the car driven by Ashanti.
Cook, Mickens and Hunter were arrested on April 4, 2017, and Lee was arrested on April 6, 2017. They have been detained since their arrests.
The jury found Lee guilty of one count of kidnapping resulting in death. The jury found him not guilty of one count of using a firearm during a kidnapping and causing a death, and one count of using a firearm during a Hobbs Act robbery and causing a death.
On August 21, 2018, in a separate trial in Bridgeport, a jury found Cook, Mickens and Hunter guilty of these three offenses.
At sentencing, each defendant faces a mandatory term of life imprisonment without parole.
On July 16, 2018, Ashanti, of Hartford, pleaded guilty to one count of kidnapping resulting in death, one count of using a firearm during a kidnapping and causing a death, and one count of using a firearm during a robbery and causing a death. Ashanti is currently incarcerated in Massachusetts state custody after committing a series of bank robberies since 2010.
The FBI’s Northern Connecticut Violent Crimes Task Force includes members of the Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction.
The case is being prosecuted by U.S. Attorney Durham, Assistant U.S. Attorneys Jocelyn C. Kaoutzanis and Peter D. Markle, and Assistant State’s Attorney Andrew Reed Durham, who has been cross-designated as a Special Assistant U.S. Attorney in this matter.
Grapevine, Texas, Man Sentenced for Hate CrimeRead the Press Release
A 64-year-old Grapevine, Texas, man was sentenced today to 12 months in federal prison for a hate crime, announced Acting Assistant Attorney General John Gore for the Civil Rights Division and U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
In July, Glenn Eugene Halfin pleaded guilty to interfering with housing rights after he repeatedly threatened and intimidated an African American family living in the apartment above his own because of their race.
In court documents, Mr. Halfin admits that in December 2017, he purchased a baby doll at Walmart, fashioned a rope into a noose, and slipped the noose around the baby doll’s neck. He then hung the noose from the railing directly in front of the staircase the victims used to access their apartment.
The defendant “recognized that this display would be particularly intimidating for the African-American victims who had a young daughter,” documents say.
“The Justice Department will not tolerate unlawful acts of racial intimidation,” said Acting Assistant Attorney General John Gore. “We will continue to prosecute hate crime offenders like Halfin to ensure that all families can feel safe in their own homes, regardless of their race, religion, or national origin.”
“No family should be afraid for children in their own home,” said U.S. Attorney Nealy Cox. “The Northern District of Texas will not tolerate crimes born of bigotry. Prosecuting those that persecute others based on race is a priority for my office.”
The FBI and the Grapevine Police Department, in conjunction with the Tarrant County District Attorney’s Office, conducted the investigation. Trial Attorney Rebekah Bailey of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Nicole Dana prosecuted the case.
Grapevine Man Sentenced for Hate CrimeRead the Press Release
A 64-year-old Grapevine, Texas, man was sentenced today to 12 months in federal prison for a hate crime, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox and Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division.
In July, Glenn Eugene Halfin pleaded guilty to interfering with housing rights after he repeatedly threatened and intimidated an African American family living in the apartment above him because of their race.
In court documents, Mr. Halfin admits that in December 2017, he purchased a baby doll at Walmart, fashioned a rope into a noose, and slipped the noose around the baby doll’s neck. He then hung the noose from the railing directly in front of the staircase the victims used to access their apartment.
The defendant “recognized that this display would be particularly intimidating for the African-American victims who had a young daughter,” documents say.
“No family should be afraid for children in their own home,” said U.S. Attorney Nealy Cox. “The Northern District of Texas will not tolerate crimes born of bigotry. Prosecuting those that persecute others based on race is a priority for my office.”
“The Justice Department will not tolerate unlawful acts of racial intimidation,” said Acting Assistant Attorney General Gore. “We will continue to prosecute hate crime offenders like Halfin to ensure that all families can feel safe in their own homes, regardless of their race, religion, or national origin.”
The Federal Bureau of Investigation and the Grapevine Police Department, in conjunction with the Tarrant County District Attorney’s Office, conducted the investigation. Trial Attorney Rebekah Bailey of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Nicole Dana prosecuted the case.
Grand Island Man Pleads Guilty to Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Anthony Weber, 36, of Grand Island, NY, pleaded guilty to attempted receipt of child pornography, before U.S. District Judge Elizabeth A. Wolford. The charge carries a minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that on April 9, 2017, the defendant engaged in a online conversation with Victim 1, a 15 year old female. On April 12, 2017, Weber invited Victim 1 to a bonfire, stating they would drink alcohol and smoke marijuana. Victim 1 responded, “Im 15.”
On August 10, 2017, the defendant again engaged in an online conversation with Victim 1, offering to provide cocaine to Victim 1 in exchange for sexual intercourse. Victim 1 agreed to consider having sex with Weber in exchange for cocaine. The defendant then requested that Victim 1 send him sexually explicit pictures.
Victim 1 subsequently reported this incident to the City of Tonawanda Police Department. After the incident was reported, the Federal Bureau of Investigation assumed Victim 1’s online identity and continued to engage in online conversations with the defendant. On October 11, 2017, Weber agreed to meet the person he believed was a minor female to engage in sexual activity. The defendant arrived at a retail store parking lot believing he was going to meet and have sexual intercourse with the minor.
The plea is the result of an investigation by the City of Tonawanda Police Deparment, under the direction of Chief William Strassburg, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert. And the Cheektowaga Police Department, under the direction of Chief David Zack.
Sentencing is scheduled for February 14, 2019, at 11:00 a.m. before Judge Wolford
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Gowanda Man Sentenced on Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shane Aurand, 20, of Gowanda, NY, who was convicted of distribution of child pornography, was sentenced to 180 months in prison by U.S. District Judge Lawrence J. Vilardo. The charge carries a minimum sentence of five years in prison, a maximum sentence of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that in March 2017, the defendant started communicating with an undercover law enforcement agent on the messaging application Kik. Aurand shared sexually explicit pictures of a seven year old child that he produced while babysitting the child at his residence. The defendant also offered to send the undercover agent pictures of other children if he received child pornography in return.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
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Gang member sentenced to federal prison for killing rival gang memberRead the Press Release
ATLANTA - Julio Ramos, a/k/a “Sleepy,” was sentenced to federal prison for his involvement in an October 2002 drive-by shooting, resulting in the death of Aldo Vallejo, a rival gang member.
“The Brownside Locos were a street gang whose members engaged in drug trafficking and numerous acts of violence, including at least five murders of rival gang members between 1998 and 2002,” said U.S. Attorney Byung J. “BJay” Pak. “After many years as a fugitive, Ramos will now serve a lengthy federal prison sentence for his involvement in Vallejo’s death.”
“This case is an example of the lengths the FBI will go to, to bring violent offenders like Ramos to justice,” said J.C. “Chris” Hacker, Special Agent in Charge of the FBI Atlanta Division. “The violence and indiscriminate exchange of gunfire that took place on our public streets 16-years ago cannot go unpunished and hopefully his sentence will send a message that we will go to any lengths to make sure it doesn’t.”
According to U.S. Attorney Pak, the charges and other information presented in court: The Brownside Locos formed in the mid-1990s and members were required to represent the gang by confronting rival gang members. Brownside Locos members obtained status and influence within the gang by committing acts of violence against other gang members. From 1998 to 2003, Brownside Locos members committed numerous acts of violence, including at least five murders, of rival gang members. Members also engaged in drug trafficking to support the activities of the gang.
Ramos became a member of Brownside Locos in 2001. On October 27, 2002, Ramos, Alex Romero, Israel Stalabera, and three other gang members were in a van driven by Romero when they spotted a car being driven by Aldo Vallejo in the parking lot at Plaza Fiesta on Buford Highway in Atlanta. Vallejo and the passengers in his car were members of the rival 18th Street gang. Romero followed Vallejo’s car out of the parking lot at Plaza Fiesta. When Vallejo realized that his car was being followed, he engaged in evasive driving maneuvers in an attempt to get away from the van.
The two vehicles ended up on an access road leading off Interstate 85 North at Sugarloaf Parkway in Gwinnett County, Georgia, when an exchange of gunfire erupted between the rival gangs. Romero pulled the van alongside Vallejo’s car and the defendants fired multiple shots directly into the passenger compartment of the car. Vallejo, mortally wounded from the shooting, wrecked his car on the access road. Two days later, Vallejo died of the injuries he sustained from the shooting. He was 20 years old.
Julio Ramos, a/k/a “Sleepy,” 41, of Atlanta, Georgia was sentenced by U.S. District Judge Amy Totenberg to six years, six months in federal prison, to be followed by three years of supervised release on October 23, 2018. Ramos, a citizen of Mexico, will be deported upon completion of his prison sentence.
This case was investigated by the FBI and the Gwinnett County Police Department’s Gang Task Force.
Assistant U.S. Attorneys Kim S. Dammers, Chief of the Organized Crime and Gangs Section; and William L. McKinnon, Jr., Division Court Coordinator for Gainesville, Georgia prosecuted the case.
For further information, please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.