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Wednesday 12 September 2018
Norwood Man Sentenced to 22 Years in Federal Prison for Heroin TraffickingRead the Press Release
BOSTON – A Norwood man was sentenced today in federal court in Boston for distributing heroin in the Taunton area.
Oristel Soto-Peguero, 25, was sentenced by U.S. District Court Judge Rya W. Zobel to 22 years in prison and five years of supervised release. In April 2018, Soto-Peguero was convicted by a federal jury of possession with intent to distribute more than one kilogram of heroin, conspiring to distribute more than one kilogram of heroin, and discharging a firearm during and in relation to a drug offense.
In early 2015, federal agents conducted a wiretap investigation of Eddyberto Mejia-Ramos, a regional heroin trafficker operating in Taunton. In May and June, agents identified Soto-Peguero as Mejia-Ramos’ primary source of supply. On July 6, 2015, law enforcement intercepted calls in which Mejia-Ramos asked Soto-Peguero to send him something “heavy,” to which Soto-Peguero responded that his girlfriend was on her way. At that time, agents were conducting surveillance outside Soto-Peguero’s Norwood apartment and observed co-conspirator Mercedes Cabral exit the apartment and drive towards Taunton. During a subsequent traffic stop, officers found 10 blocks of heroin (918 grams) protruding from Cabral’s purse.
After seizing the heroin, law enforcement officers attempted to secure Soto-Peguero’s apartment in anticipation of obtaining a federal search warrant. They knocked on the door and announced the presence of police, but no one answered. As officers began a forced entry through the front door, someone inside fired a gunshot through the front door. Fortunately, no one was shot. Officers eventually gained entry and arrested two men, identified as Soto-Peguero and Luis Guzman-Ortiz. The next day, officers executed a search warrant at the home and seized two kilograms of heroin, a loaded semiautomatic pistol, two hydraulic drug presses, and other evidence that showed the apartment was being used to prepare and package heroin. Gunshot residue testing and other evidence established that Soto-Peguero fired the shot through the door.
In September 2016, Mejia-Ramos was sentenced to 90 months in prison. In May 2017, Cabral was sentenced to time served (22 months) and three years of supervised release. Guzman-Ortiz was convicted by a federal jury in June 2018. He has not yet been sentenced.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. Investigative assistance was provided by the Massachusetts State Police and the Massachusetts State Police Criminal Laboratory; the Bristol County Sheriff’s Office; and the Norwood, Taunton, Bridgewater, Fall River, New Bedford, Fairhaven, Westport, and Attleboro Police Departments. Assistant U.S. Attorneys Theodore Heinrich and Brian Pérez-Daple of Lelling’s Criminal Division prosecuted the case.
North Dakota Woman Charged with Making False Statements to Federal AgencyRead the Press Release
United States Attorney Ron Parsons announced that a Fort Totten, North Dakota, woman has been indicted by a federal grand jury in North Dakota for Making False Statements to Federal Agency.
LaRon Greywater, age 44, was indicted on September 5, 2018. She appeared before U.S. Magistrate Judge Alice Senechal on September 10, 2018, in Grand Forks, North Dakota, and pled not guilty to the Indictment.
Greywater faces up to 15 years in federal prison and/or a $250,000 fine, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that Greywater, a former Bureau of Indian Affairs police officer, was on duty and driving in a BIA vehicle on September 20, 2017. She failed to stop at a stop sign and yield the right of way to other traffic at an intersection on the Spirit Lake Indian Reservation. A collision occurred and she allegedly made false representations about the brakes on her vehicle malfunctioning which caused the wreck.
The charges are merely accusations and Greywater is presumed innocent until and unless proven guilty.
The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, Internal Affairs Division. Assistant U.S. Attorney Tim Maher is prosecuting the case on behalf of the United States Attorney General and United States Attorney Ron Parsons. Greywater was released on pretrial conditions pending trial. A jury trial date has not been set yet.
Nicholas Rivecca, Sr., and Sonag Ready Mix, LLC to Pay $629,732 to Resolve False Claims Act Allegations Regarding Disadvantaged Business EnterprisesRead the Press Release
United States Attorney Matthew D. Krueger announced today that Nicholas Rivecca, Sr., of Hartland, Wisconsin, and his company, Sonag Ready Mix, LLC, located in Milwaukee, Wisconsin, have agreed to pay $629,732 to resolve allegations that they violated the False Claims Act by defrauding the United States Department of Transportation’s Disadvantaged Business Enterprise (“DBE”) program.
The DBE program provides small businesses owned and controlled by socially and economically disadvantaged individuals a fair opportunity to compete for federally funded transportation contracts. At the time of the alleged fraud, Rivecca was an owner of Sonag Ready Mix, and Sonag Remedy Mix was not eligible to participate in the DBE program. The government alleges that Rivecca and others conspired to obtain fraudulently DBE certification for another entity, Nuvo Construction Company, Inc. Rivecca and others then used Nuvo’s improper DBE certification to obtain ready-mix concrete contracts based on the false representation that Nuvo provided ready-mix concrete independently when, in truth, Sonag Ready Mix and its employees performed almost all of the work. All of the profits from Nuvo’s ready-mix concrete contracts, moreover, passed through to Sonag Ready Mix (and, ultimately, to Rivecca and his co-owner).
In a related criminal case, Case No. 18-CR-64, Rivecca pleaded guilty to a criminal information charging him with conspiracy to use Nuvo’s DBE status to win government-funded contracts. This settlement resolves related civil allegations that Rivecca and Sonag Ready Mix caused the submission of false claims to the government and thus improperly obtained government funds. As a result of the settlement, the federal government will receive $629,732.
United States Attorney Krueger stated: “This settlement reflects our commitment to protecting federally funded programs from fraud. Firms that seek public funds must understand that cheating and lying to win government-funded contracts will not be tolerated.”
“Disadvantaged Business Enterprise (DBE) fraud harms the integrity of the DBE program and law-abiding contractors, including many small businesses, by defeating efforts to ensure a level playing field in which all firms can compete fairly for contracts,” said Thomas J. Ullom, Regional Special Agent-in-Charge of the U.S. Department of Transportation (DOT) Office of Inspector General. “Our agents will continue to work with Federal, State, and local law enforcement and prosecutorial partners to expose and shut down DBE fraud schemes that adversely affect public trust and DOT-assisted highway programs throughout Wisconsin and elsewhere.”
FBI Special-Agent-in-Charge R. Justin Tolomeo added: “The FBI is proud to be part of the continued interagency collaboration on this matter, and appreciates the efforts of the U.S. Attorney’s Office that led to this settlement.”
“The Defense Criminal Investigative Service will investigate all allegations of abuse related to Government set aside programs designed to encourage and support veteran, woman and minority owned small businesses. DCIS will pursue all appropriate criminal, civil and administrative actions against individuals who abuse these programs for illicit financial gain, stated John F. Khin, Special Agent in Charge, Southeast Field Office.”
The civil matter is being handled by Assistant United States Attorney Michael Carter. The following agencies are participating in the investigation: U.S. Department of Transportation, Office of Inspector General; the Federal Bureau of Investigation; U.S. General Services Administration, Office of Inspector General; Department of Veterans Affairs, Office of Inspector General; Department of Defense, Office of the Inspector General, Defense Criminal Investigative Service; U.S. Small Business Administration, Office of Inspector General, Investigations Division; Defense Contract Audit Agency; and U.S. Army Criminal Investigations Command Major Procurement Fraud Unit.
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For additional information contact:
Public Information Officer Dean Puschnig (414) 297-1700
New Jersey Man Pleads Guilty to Tax Evasion in Connection with Sale of Purportedly Original Caravaggio PaintingRead the Press Release
A New Jersey man pleaded guilty today to tax evasion in connection with over $1.2 million in income related to the proceeds of a sale of a purportedly original Caravaggio painting.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Matthew D. Line, Acting Special Agent in Charge of IRS Criminal Investigation’s (IRS-CI) Nashville Field Office and Special Agent in Charge Troy Sowers of the FBI’s Knoxville Field Office made the announcement.
Brian Gimelson, 48 of Lawrenceville, New Jersey, pleaded guilty to two counts of attempting to evade or defeat a tax before U.S. District Judge Tanya Walton Pratt of the Southern District of Indiana. He is scheduled to be sentenced on Feb. 1, 2019 by Judge Pratt.
According to admissions made in connection with his guilty plea, Gimelson earned a substantial income for his role in a transaction involving the sale of a purportedly original painting by the Italian painter Michelangelo Merisi, commonly known as Caravaggio titled David With the Head of Goliath (the Caravaggio Painting). Despite earning over $1.2 million in income on this transaction, Gimelson did not timely file income tax returns and he did not timely pay tax due and owing to the United States.
In order to conceal his income and evade the payment of his tax liabilities, Gimelson created a company, had his wife serve as managing member of the company, and used this company to facilitate the Caravaggio Painting transaction. Despite creating this company in his wife’s name, Gimelson admitted that he controlled the company and its bank accounts, including the fees Gimelson received for his role in the Caravaggio Painting transaction. Gimelson further admitted that he directed his wife to make frequent and substantial cash withdrawals on his behalf from company accounts, and Gimelson used company funds to purchase collectibles and precious metals, among other things.
The case is being investigated by IRS-CI’s Nashville Field Office and the FBI’s Knoxville Field Office. The case is being prosecuted by Trial Attorneys Danny Nguyen and Caitlin Cottingham of the Criminal Division’s Fraud Section.
New Jersey Broker Charged in “Cherry-Picking” SchemeRead the Press Release
BOSTON – A former New Jersey broker was arrested and charged today with defrauding his clients by engaging in a multi-year “cherry-picking” scheme.
Michael Bressman, 61, of Montville, N.J., was arrested and charged in an indictment unsealed today with securities fraud and investment advisor fraud. Bressman will appear this afternoon in federal court in New Jersey.
The indictment alleges that Bressman misused his access to an omnibus or “allocation” account to obtain at least $700,000 in illicit trading profits over a six-year period ending in February 2018. Bressman allegedly used the allocation account to place trades and cherry-picked profitable trades, which he then transferred to his own account and the account of two family members, while placing unprofitable trades in other customers’ accounts.
In a parallel action, the Securities and Exchange Commission (SEC) in New York today announced civil charges against Bressman.
The charge of securities fraud provides for a sentence of no greater than 25 years in prison, five years of supervised release and a fine of $5 million. The charge of investment advisor fraud provides for a sentence of no greater than five years in prison, two years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The SEC’s Market Abuse Unit in New York provided assistance with the investigation. Assistant U.S. Attorney Eric Rosen of Lelling’s Economic Crimes Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Mississippi Officer Sentenced for Assault of Restrained Juvenile DetaineeRead the Press Release
Edward Gibson, a former officer at a Mississippi juvenile detention facility, was sentenced today in federal court to 24 months incarceration followed by three years supervised release for beating a shackled juvenile, announced Acting Assistant Attorney General John Gore for the Justice Department’s Civil Rights Division, U.S. Attorney William C. Lamar of the Northern District of Mississippi, and Christopher Freeze, Special Agent in Charge of the FBI, Jackson Field Division.
Gibson, 28, was working as an officer at the Leflore County Juvenile Detention Center on June 16, 2016, when he assaulted a teenage victim who was in handcuffs and leg shackles. Gibson threw an electric fan at the victim, hitting him in the upper chest. Gibson then punched the victim multiple times before being pulled off by two other officers. The other officers had to step in two more times to prevent Gibson from further assaulting the victim, who was in restraints throughout the entire incident.
According to admissions made by Gibson during the plea hearing, the victim was never physically aggressive toward Gibson, and Gibson assaulted him only because the victim made statements that angered him. Gibson weighed approximately 315 pounds; the victim weighed approximately 130 pounds.
Gibson’s supervisor, Dianne Williams, was sentenced on Aug. 23 to time served for helping cover up the assault. She had pleaded guilty to misprision of a felony, admitting that she knew the assault had occurred, did not inform a responsible authority, and helped cover it up by writing a false report.
“Detention officers have an important duty to protect juveniles in their care from abuse or bodily harm,” said Acting Assistant Attorney General John Gore. “This Department will continue to prosecute detention officers who engage in illegal acts of violence or attempts to obstruct justice, in order to better protect the civil rights of detained individuals.”
“We are morally, constitutionally, and legally obligated to treat people humanely and we will continue to enforce the laws protecting the civil rights of all individuals,” said U.S. Attorney William C. Lamar for the Northern District of Mississippi.
“Deprivation of civil rights by a public official compromises the public’s trust,” said Special Agent in Charge Freeze. “The FBI will continue to rigorously investigate violations of civil rights.”
This case was investigated by the Jackson Division of the FBI, with the cooperation of the Leflore County Detention Center and the Leflore County Detention Center. It was prosecuted by Assistant United States Attorney Robert Mims of the Northern District of Mississippi and Trial Attorney Dana Mulhauser of the Civil Rights Division of the Department of Justice.
Miami-Dade County Resident Sentenced to 22 Years in Prison for Multiple Robberies of Commercial EstablishmentsRead the Press Release
On August 28, 2018, Alfredo Garcia, 35, of Miami-Dade County, was sentenced to a total of 264 months in prison by U.S. District Court Judge Federico A. Moreno, after previously pleading guilty to three counts of Hobbs Act robbery and one count of brandishing a firearm in furtherance of a crime of violence.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, Ari C. Shapira, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, and Jorge R. Colina, Chief, City of Miami Police Department (MPD), made the announcement.
According to court records, between February 11, 2016, and February 14, 2016, Garcia robbed a Stop & Shop convenience store, a Valero Gas Station, and a Westar Gas Station, all in Miami-Dade County. In each robbery, Garcia approached the cashier, stated that he had a firearm, and demanded money from the cash register. During the robbery of the Stop & Shop convenience store, Garcia displayed the butt of a firearm that was in his jacket pocket.
This case stems from Project Safe Neighborhoods (PSN), a program that brings together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Mr. Greenberg commended the investigatory efforts of the ATF and MPD in this matter. This case was prosecuted by Assistant United States Attorney David Turken.
Related court documents and information can be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Miami Woman Sentenced for her Role in a Methamphetamine Distribution Conspiracy Orchestrated from PrisonRead the Press Release
TULSA, Okla.— United States Attorney Trent Shores announced that Robin Tracy Zumwalt, 36, of Miami, Oklahoma, was sentenced today in United States District Court to three years of probation with eight months of home detention for her role in a methamphetamine drug distribution conspiracy.
At a plea hearing on June 7, 2018, Zumwalt admitted to discussing the distribution of more than 500 grams of methamphetamine facilitated by cell phone calls with an inmate, Slint Tate, who used contraband cell phones. When the calls were made, Zumwalt was living in Miami, Oklahoma, while Tate was serving a life sentence in Oklahoma state prison. On Tuesday, United States District Judge Claire V. Eagan sentenced Tate to 20 years in prison for orchestrating the drug conspiracy.
“This drug trafficking organization wreaked havoc in the lives of many in northeastern Oklahoma. Zumwalt and her co-conspirators earned the punishments received,” said U.S. Attorney Shores. “This prosecution was successful because of strong partnerships among federal, state, and local law enforcement officials. Working together, we achieved a result that makes our communities safer.”
This prosecution resulted from a joint investigation, known as “Operation Mama Tried,” conducted by Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, State of Oklahoma District 13 Task Force, Oklahoma Bureau of Narcotics, Miami Police Department, and Grove Police Department. Assistant U.S. Attorneys Shannon Cozzoni and Catherine Depew prosecuted the case.
Men from Cleveland and Euclid indicted for federal firearms violationsRead the Press Release
Two men from Northeast Ohio were indicted on federal firearms charges.
Steven Kennedy, 29, of Euclid, and Eric T. Gibson, Jr., 23, of Cleveland, were both indicted for being felons in possession of firearms.
Gibson possessed a Smith & Wesson 9 mm pistol and 16 rounds of ammunition on July 13 despite a previous conviction for robbery with a firearm specification, according to the indictment.
Kennedy possessed a Smith & Wesson .40-caliber pistol and 14 rounds of ammunition on Aug. 21, despite a previous conviction for domestic violence, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than maximum.
These cases are being prosecuted by Assistant U.S. Attorney Brian Deckert following an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Cleveland Division of Police (Gibson) and the Euclid Police Department (Kennedy).
An indictment is only a charge. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Manhattan U.S. Attorney Announces Extended Deadline for NYCHA Monitor ApplicationsRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that the United States Attorney’s Office for the Southern District of New York has extended the deadline for receiving applications from qualified individuals to serve as Court-appointed monitor in connection with a proposed consent decree submitted to the Court for approval in the case of United States v. New York City Housing Authority, 18 Civ. 5213 (WHP). Specifically, applications will be accepted until the date that the Court enters the proposed consent decree.
Applications will continue to be considered on a rolling basis as they are submitted, and applicants are encouraged to submit applications as soon as possible. In addition, individuals who have already submitted applications are invited to supplement those applications as appropriate.
Pursuant to the terms of the consent decree, the Government will propose a monitor for approval by the Court. As set forth at greater length in the proposed consent decree, the monitor will be responsible for the remediation of extensive health and safety deficiencies in NYCHA housing, as well as oversight and reform of NYCHA management, controls, and operations.
The application and related materials, and instructions for submission, are available at https://www.justice.gov/usao-sdny/monitors-receivers-claims-administrators.
The consent decree remains subject to review and approval by the Court.
Manhattan U.S. Attorney and FBI Announce Return of Nazi Looted Renoir to Its Rightful OwnerRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeny Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the return to its rightful owner of a painting looted by the Nazis during World War II. The painting, Deux Femmes Dans Un Jardin, painted in 1919 by Pierre Auguste Renoir (the “Renoir”), was stolen by the Nazis from a bank vault in Paris in 1941. Mme. Sylvie Sulitzer, the last remaining heir of her grandfather Alfred Weinberger, a prominent art collector in pre-war Paris from whom the Renoir was stolen, received the work today during a ceremony at the Museum of Jewish Heritage in New York City.
Manhattan U.S. Attorney Geoffrey Berman said: “Today, as we celebrate the just return of this painting to its rightful owner, we also remember the uniqueness of the Holocaust and reaffirm our commitment to ensure that the words ‘never forget, never again’ never ring hollow. Hopefully this event brings some measure of justice to Madame Sylvie Sulitzer and her family.”
FBI Assistant Director-in-Charge William F. Sweeny Jr. said: “The atrocities that took place during World War II at the hands of the Nazis cannot be summed up in a few words. They murdered, tortured, and plundered during their attempt to take over Europe and the world. In the process, they also carried out smaller acts of evil behavior, stealing hundreds of thousands of these pieces of priceless artwork. Some of those pieces are lost to our culture forever. However, we take a bit of pride in returning a painting looted during the war, and helping repair some of the destruction decades ago.”
During World War II, the Nazis created a division known as the Einsatzstab Reichleiter Rosenberg (the “ERR”) in order to “study” Jewish life and culture as part of the Nazis’ propagandist mission against the Jews. Principally, the ERR confiscated artworks and other cultural holdings of “the enemies of the Reich” on a massive scale, and meticulously registered and identified those artworks – even photographing them – thereby leaving behind a detailed record of the works that they stole.
In December 1941, during the Nazi occupation of Paris, the ERR seized the Renoir, along with numerous other works, from a bank vault where Alfred Weinberger had stored his collection when he fled Paris at the outset of the war. In the decades that followed, Mr. Weinberger sought to recover his property, registering his claim to the Renoir with the French restitution authorities in 1947 and the German restitution authorities in 1958.
The Renoir resurfaced after the war at an art sale in Johannesburg, South Africa, in 1975. It subsequently found its way to London, where it was sold again in 1977, and then appeared at a sale in Zurich, Switzerland, in 1999. Ultimately, the Renoir found its way to Christie’s Gallery in New York, where it was put up for auction by a private collector in 2013. It was then that Mme. Sulitzer learned of the pending sale and made a claim to the work as part of her grandfather’s collection. Christie’s alerted the FBI, and ultimately the purported owner of the work voluntarily agreed to relinquish its claim. The U.S. Attorney’s Office and the FBI are now returning the painting to Mme. Sulitzer.
Mr. Berman thanked the FBI’s Art Crime Team for their assistance.
The case is being handled by the Office’s Money Laundering and Asset Forfeiture Unit. Assistant U.S. Attorney Noah Falk is in charge of the case.
Manchester Man Sentenced to 14 Years in Prison for Illegal Possession of FirearmsRead the Press Release
CONCORD - United States Attorney Scott W. Murray announced today that Daniel Sullivan, 35, of Manchester, was sentenced to 168 months (14 years) in federal prison for the illegal possession of firearms.
According to court documents and statements made in court, in 2015 and 2016, Sullivan purchased and traded several firearms in New Hampshire with the help of his partner, Sara Johnson. At the time of these transactions, Sullivan was a convicted felon who could not legally possess firearms. In several instances, Sullivan contacted private individuals who had posted firearms for sale online, then utilized Johnson – who was not a convicted felon – to assist in the purchase of the firearms. Once these firearms transactions came to the attention of law enforcement, federal agents obtained a search warrant for Sullivan and Johnson’s residence in Manchester, which resulted in the seizure of a .40 caliber pistol with an obliterated serial number.
Sullivan previously pleaded guilty to four counts of possession of a firearm by a prohibited person on May 31, 2018.
Johnson pleaded guilty to firearms charges on February 15, 2018. She is scheduled to be sentenced on September 20, 2018.
“Keeping guns out of the hands of criminals helps to make our community safer,” said U.S. Attorney Murray. “When felons unlawfully obtain guns, those weapons all too frequently can be used to commit violent crimes. This substantial sentence demonstrates our commitment to work closely with our law enforcement partners to improve public safety.”
“This sentence illustrates the seriousness of prohibited individuals illegally possessing firearms,” said Mickey D. Leadingham, Special Agent in Charge of the Boston Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives. “ATF will continue its tireless pursuit of both firearm traffickers and illegal possessors, by coordinating our efforts with our federal, state and local partners.”
This matter was investigated by the ATF and was prosecuted by Assistant U.S. Attorney Shane B. Kelbley.
The case is part of ATF’s Project Safe Neighborhoods initiative, a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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MS-13 Member Sentenced for RICO Conspiracy Involving MurderRead the Press Release
BOSTON – An MS-13 member was sentenced today in federal court in Boston for racketeering conspiracy involving the murder of a 16-year-old boy in East Boston.
Rigoberto Mejia, a/k/a “Ninja,” 32, a Salvadoran national, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 330 months in prison and five years of supervised release. Mejia will be subject to deportation upon completion of his sentence. In April 2018, Mejia pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.
During the multi-year investigation of MS-13, Mejia was identified as a “homeboy,” or full member, of MS-13’s Trece Locos Salvatrucha (TLS) clique. Evidence further showed that on Jan. 10, 2016, Mejia and three other MS-13 members murdered a 16-year-old boy whom they believed to be a member of the rival 18th Street gang. Mejia’s alleged co-conspirators stabbed the victim multiple times while Mejia shot the victim.
Mejia is one of 49 defendants who have been convicted as part of this ongoing prosecution. Sixteen of those defendants, including Mejia, have been held responsible for racketeering conspiracy involving murder. Forty of the 49 convictions, including Mejia, were the result of guilty pleas prior to trial. Nine other defendants were convicted after trial.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Gross; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement today. The U.S. Marshals Service has provided crucial assistance with the case.
Lockport Men Sentenced for Their Roles in Drug Trafficking OrganizationRead 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 Darius Dix, 27, and Kurtis Washington, 27, both of Lockport, NY, who were convicted of conspiracy to distribute 500 grams or more of cocaine and 28 grams or more of crack cocaine, were sentenced to serve 72 months and 96 months respectively in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that between May 2016 and June 2017, Ramone Westbrook operated a high traffic and extremely profitable cocaine and crack cocaine distribution network. Westbrook obtained cocaine and crack cocaine from several sources of supply in Atlanta, Georgia, North Carolina and New York City and from a local source of supply in Niagara Falls. Westbrook then supplied co-defendant Rico Freeman for further distribution in the Lockport area during the course of the conspiracy. Dix and Washington were also part of the drug trafficking organization, distributing cocaine and crack cocaine in the Lockport area.
On February 14, 2017, Dix sold a quantity of cocaine to a confidential informant working with law enforcement officers. He was arrested on December 27, 2016 by Lockport Police officers who recovered 10 grams of cocaine from Dix.
On four occasions between March 3, 2017, and May 11, 2017, Washington sold cocaine to a Niagara County Drug Task Force confidential source. Washington was arrested by Buffalo Police officers on June 19, 2017. He was in possession of 26 grams of cocaine Washington tried to flee during a pat-down search and attempted to discard the cocaine.
Ramone Westbrook and Rico Freeman were previously convicted.
Today’s sentencings are the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, Special Agent Shane Nastoff, and Task Force Officer Eric Herrington; the Lockport Police Department, under the direction of Acting Chief Steven Preisch; the Niagara County Drug Task Force, under the direction of Sheriff James Voutour; the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood. Additional assistance was provided by the Niagara County District Attorney’s Office, under the direction of District Attorney Caroline A. Wojtaszek.
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Lockport Man Sentenced in Conspiracy to Traffic MethamphetamineRead the Press Release
NEW ORLEANS - U.S. Attorney Peter G. Strasser announced that JAMES SIGLAR, age 41, of Lockport, LA, was sentenced today after having pleaded guilty to conspiracy to distribute and to possess with intent to distribute methamphetamine.
United States District Judge Martin L.C. Feldman sentenced SIGLAR to 37 months’ imprisonment and a supervised release period of 3 years.
According to court documents, on July 6, 2016, SIGLAR agreed to meet his codefendant, Damien Jackson, on Grand Calliou Road in Houma, Louisiana, in order to purchase two ounces of methamphetamine, which SIGLAR intended to resell. SIGLAR was arrested by law enforcement as he arrived at the meeting. For his part, Jackson also pleaded guilty to conspiring to distribute and possess with intent to distribute methamphetamine. Jackson is scheduled for sentencing on November 7, 2018.
U.S. Attorney Strasser praised the work of the United States Postal Inspection Service, the Houma Police Department, and the Terrebonne Parish Sheriff’s Office. Assistant U.S. Attorneys James S.C. Baehr and Brandon S. Long are in charge of the prosecution.
Latvian National Sentenced to Prison for “Scareware” Hacking Scheme That Targeted Minneapolis Star Tribune WebsiteRead the Press Release
A Latvian man was sentenced today in Minneapolis for participating in a lucrative “scareware” hacking scheme that targeted visitors to the Minneapolis Star Tribune’s website. Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Erica H. MacDonald of the District of Minnesota and Special Agent in Charge Jill Sanborn of the FBI’s Minneapolis Field Office made the announcement.
Peteris Sahurovs aka “Piotrek” and “Sagade,” 29, was sentenced to 33 months in prison for conspiracy to commit wire fraud. District Judge Ann D. Montgomery of the District of Minnesota imposed the sentence. Sahurovs will be removed from the United States to Latvia following his prison sentence. Sahurovs was arrested on a District of Minnesota indictment in Latvia in June 2011, but was released by a Latvian court and later fled. In November 2016, Sahurovs was located in Poland and apprehended by Polish law enforcement and extradited to the United States in June 2017. Sahurovs was at one time the FBI’s fifth most wanted cybercriminal and a reward of up to $50,000 had been offered for information leading to his arrest and conviction. He pleaded guilty before Judge Montgomery on Feb. 7.
According to admissions made in connection with his plea, from at least May 2009 to June 2011, Sahurovs operated a “bullet-proof” web hosting service in Latvia, through which he leased server space to customers seeking to carry out criminal schemes without being identified or taken offline. The defendant admitted that he knew his customers were using his servers to perpetrate criminal schemes, including the transmission of malware, fake anti-virus software, spam, and botnets to unwitting victims, and he received notices from Internet governance entities (such as Spamhaus) that his servers were hosting malicious activity. Nonetheless, Sahurovs admitted he took steps to protect the criminal schemes from being discovered or disrupted, and hosted them on his servers for financial gain.
Sahurovs admitted that from in or about February 2010 to in or about September 2010, he registered domain names, provided bullet-proof hosting services, and gave technical support to a “scareware” scheme targeting visitors to the Minneapolis Star Tribune’s website. On Feb. 19, 2010, the Minneapolis Star Tribune began hosting an online advertisement, purporting to be for Best Western hotels, on its website, startribune.com. Two days later, however, the advertisement began causing the computers of visitors to the website to be infected with malware. This malware, also known as “scareware,” caused visitors to experience slow system performance, unwanted pop-ups and total system failure. Website visitors also received a fake “Windows Security Alert” pop-up informing them that their computer had been infected with a virus and another pop-up that falsely represented that they needed to purchase the “Antivirus Soft” computer program to fix their security issues, at a price of $49.95.
Website visitors who clicked the “Antivirus Soft” window were presented with an online order form to purchase a purported security program called “Antivirus Soft.” Users who purchased “Antivirus Soft” would receive a file download that “unfroze” their computers and stopped the pop-ups and security notifications. However, the defendant admitted, the file was not a real anti-virus product and did not perform legitimate computer security functions, and merely caused malware that members of the conspiracy had previously installed to cease operating. Meanwhile, the defendant admitted, victim users who did not choose to purchase “Antivirus Soft” became immediately inundated with so many pop-ups containing fraudulent “security alerts” that all information, data, and files on their computers were rendered inaccessible. Members of the conspiracy defrauded victims out of substantial amounts of money as a result of the scheme. The defendant admitted that as a result of his participation, he made between $150,000 and $250,000 U.S. dollars.
This case was investigated by the FBI’s Minneapolis Field Office. The Criminal Division’s Office of International Affairs secured the extradition from Poland and the Polish National Police, the National Prosecutor’s Office, and the Ministry of Justice provided substantial assistance in this matter. Assistant U.S. Attorney Timothy C. Rank of the District of Minnesota and Trial Attorney Aaron R. Cooper of the Criminal Division’s Computer Crime and Intellectual Property Section prosecuted the case.
Latvian National Sentenced to Prison for “Scareware” Hacking Scheme That Targeted Minneapolis Star Tribune WebsiteRead the Press Release
A Latvian man was sentenced today in Minneapolis for participating in a lucrative “scareware” hacking scheme that targeted visitors to the Minneapolis Star Tribune’s website. Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Erica H. MacDonald of the District of Minnesota and Special Agent in Charge Jill Sanborn of the FBI’s Minneapolis Field Office made the announcement.
PETERIS SAHUROVS aka “Piotrek” and “Sagade,” 29, was sentenced to 33 months in prison for conspiracy to commit wire fraud. District Judge Ann D. Montgomery of the District of Minnesota imposed the sentence. SAHUROVS will be removed from the United States to Latvia following his prison sentence. SAHUROVS was arrested in Latvia on a District of Minnesota indictment in June 2011, but was released by a Latvian court and later fled. In November 2016, SAHUROVS was located in Poland, apprehended by Polish law enforcement, and extradited to the United States in June 2017. SAHUROVS was once the FBI’s fifth most wanted cybercriminal and a reward of up to $50,000 had been offered for information leading to his arrest and conviction. He pleaded guilty before Judge Montgomery on February 7, 2018.
According to admissions made in connection with his plea, from at least May 2009 to June 2011, SAHUROVS operated a “bullet-proof” web hosting service in Latvia, through which he leased server space to customers seeking to carry out criminal schemes without being identified or taken offline. The defendant admitted that he knew his customers were using his servers to perpetrate criminal schemes, including the transmission of malware, fake anti-virus software, spam, and botnets to unwitting victims, and he received notices from Internet governance entities (such as Spamhaus) that his servers were hosting malicious activity. Nonetheless, SAHUROVS took steps to protect the criminal schemes from being discovered or disrupted, and hosted them on his servers for financial gain.
SAHUROVS admitted that from in or about February 2010 to in or about September 2010, he registered domain names, provided bullet-proof hosting services, and gave technical support to a “scareware” scheme targeting visitors to the Minneapolis Star Tribune’s website. On February 19, 2010, the Minneapolis Star Tribune began hosting an online advertisement, purporting to be for Best Western hotels, on its website, startribune.com. Two days later, however, the advertisement began causing the computers of visitors to the website to be infected with malware. This malware, also known as “scareware,” caused visitors to experience slow system performance, unwanted pop-ups and total system failure. Website visitors also received a fake “Windows Security Alert” pop-up informing them that their computer had been infected with a virus and another pop-up that falsely represented that they needed to purchase the “Antivirus Soft” computer program to fix their security issues, at a price of $49.95.
Website visitors who clicked the “Antivirus Soft” window were presented with an online order form to purchase a purported security program called “Antivirus Soft.” Users who purchased “Antivirus Soft” received a file download that “unfroze” their computers and stopped the pop-ups and security notifications. However, the defendant admitted, the file was not a real anti-virus product, did not perform legitimate computer security functions, and merely caused the malware that members of the conspiracy had previously installed to cease operating. Meanwhile, the defendant admitted, victim users who did not choose to purchase “Antivirus Soft” became immediately inundated with so many pop-ups containing fraudulent “security alerts” that all information, data, and files on their computers were rendered inaccessible. Members of the conspiracy defrauded victims out of substantial amounts of money as a result of the scheme. The defendant admitted that as a result of his participation, he made between $150,000 and $250,000 U.S. dollars.
This case was investigated by the FBI’s Minneapolis Field Office. The Criminal Division’s Office of International Affairs secured the extradition from Poland and the Polish National Police, the National Prosecutor’s Office, and the Ministry of Justice provided substantial assistance in this matter.
Assistant U.S. Attorney Timothy C. Rank of the District of Minnesota and Trial Attorney Aaron R. Cooper of the Criminal Division’s Computer Crime and Intellectual Property Section prosecuted the case.
Defendant Information:
PETERIS SAHUROVS, 29
Rezekne, Latvia
Convicted:
- Conspiracy to commit wire fraud, 1 count
Sentenced:
- 33 months in prison
- Removal from the United States to Latvia following the defendant’s prison sentence
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Kingwood Resident Gets 35 Years for Sexual Exploitation of a ChildRead the Press Release
HOUSTON - A 43-year-old Kingwood resident has been ordered to federal prison for the sexual exploitation of a minor and possession of child pornography, announced U.S. Attorney Ryan K. Patrick. Stephen P. Lynch pleaded guilty June 6, 2018.
Today, District Judge Nancy F. Atlas sentenced Lynch to 360 months for sexual exploitation and five years for the possession charges, respectively. The sentences will run consecutive for a total of 35 years in federal prison. The sentence will be immediately followed by five years of supervised release during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. He will also be ordered to register as a sex offender.
At the sentencing today, Judge Atlas heard from the victim’s mother and sibling. They informed the court how Lynch’s actions have scarred their family for life, changed how they viewed the world and stole their sense of security.
The court considered the length of time the production occurred. The court also heard that the images are known to be in at least 222 collections of other individuals.
The investigation into Lynch began when Homeland Security Investigations (HSI) agents received information via the HSI Cyber Crimes Center regarding a referral from the National Center for Missing and Exploited Children (NCMEC). The referral advised that an unidentified female minor victim of a child pornography related offense was possibly located in the area of Houston. The child had appeared in a series of child sexual abuse images that were known to domestic and international law enforcement and had been traded over a period of two years. With the identity and whereabouts of the victim unknown, NCMEC analysts enlisted help from a horticulture expert from the Smithsonian Museum of Natural History. He was able to narrow the geographical possibilities for the victim based on plant life in the background of images. With the search narrowed to 10 states, HSI analysts then focused on visible background items in the images. After extraordinary analytical efforts, the investigation let to Kingwood. Investigators searched local parks, dance studios, gyms and other venues for leads. After an exhaustive effort, authorities the suspect was located and the victim was rescued.
Approximately 173 images were included in the referral sent to HSI Houston. At least half of the images constitute child pornography under federal law. Some of the images depict the minor victim fully nude with the child’s genitalia lasciviously displayed.
On the evening of June 14, 2017, HSI agents identified the victim at a residence in Kingwood. At that time, they interviewed the homeowner, Lynch and he identified two non-pornographic images of the minor victim. He further stated that he personally took one of those images several years ago when she was three-years-old. He identified himself as the photographer of several non-pornographic images of the minor victim, including one that displays the minor relative wearing a black long-sleeve shirt with a pink glitter heart on the front. Several child pornographic images of the victim also include what appears to be that same shirt.
In the early morning hours of June 15, 2017, agents obtained a federal search warrant for Lynch’s residence. While authorities were obtaining the search warrant, Lynch went back into the house and destroyed thumb drives by putting them in the microwave. He also attempted to delete items off of a laptop.
He was arrested June 19, 2017, in Georgetown.
A forensic examination was performed on all of the items seized. During that review, agents found approximately 38 videos and five images of child pornography. The images and videos include children under the age of 12 and acts of violence such as the penetration of the victims. Some of the images are of known victims as identified through the NCMEC.
Further, agents found 71 images of the minor victim which constitute child pornography that Lynch produced by the defendant. To date, the images of this minor has been found in 222 other investigations and on the dark web.
Homeland Security Investigations conducted the investigation with the assistance of Montgomery County Constable Precincts 2 and 4, Harris County Sheriff’s Office, Conroe Police Department and the Smithsonian Gardens in Washington, DC.
Assistant U.S. Attorney Kimberly Leo prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictment Charges Waterbury Man with Crack Cocaine OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that a federal grand jury in New Haven returned an indictment today charging MIGUEL TORRES, 38, of Waterbury, with various offenses related to his alleged trafficking of crack cocaine.
As alleged in court documents, law enforcement conducted a series of controlled purchases of crack cocaine from TORRES between February and May 2018.
TORRES was arrested on a federal criminal complaint on May 8, 2018. On that date, a court-authorized search of his residence revealed approximately 51 grams of crack cocaine and other controlled substances.
The indictment charges TORRES with one count of possession with the intent to distribute 28 grams or more of crack cocaine, an offense that carries a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 40 years. TORRES also is charged with five counts of possession with intent to distribute, and distribution, of crack cocaine, an offense that carries a maximum term of imprisonment of 20 years on each count.
TORRES has been detained since his arrest.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Drug Enforcement Administration New Haven Task Force, with the assistance of the Naugatuck Police Department. The Task Force includes participants from the New Haven, Hamden, West Haven, North Haven, Branford, Ansonia, Meriden, Derby and Middletown Police Departments, the U.S. Marshals Service and the Internal Revenue Service – Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney Avi M. Perry.
IPhone Robber Sentenced to 27 Years in PrisonRead the Press Release
A Fort Lauderdale resident was sentenced, on September 7, 2018, to 27 years in prison by United States Chief District Judge Michael K. Moore for committing two armed robberies.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, Ari C. Shapira, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, Scott Israel, Sheriff, Broward Sheriff’s Office (BSO), and Rick Maglione, Chief, Fort Lauderdale Police Department (FLPD), made the announcement.
Jermar Jerome Roberson, 25, of Fort Lauderdale, Florida, previously pled guilty to two counts of Hobbs Act Robbery and discharging a firearm in furtherance of a crime of violence, in violation of, Title 18, United States Code, Sections 1951(a) and 924(c)(A)(1)(iii). Roberson was sentenced to a total of 324 months in prison, to be followed by 5 years of supervised release.
According to the court record, in October of 2017, Roberson negotiated the sale of two cellular phones (iPhones) over the internet and robbed both victims at gunpoint when they arrived at the meeting place. During the second robbery, Roberson discharged the firearm and struck the victim.
Roberson’s co-defendant Shyann Lee Williams previously pled guilty to a single Hobbs Act Robbery and was sentenced by Judge Moore on September 7, 2018 to 63 months in prison, to be followed by 3 years of supervised release.
A restitution hearing has been scheduled for both defendants on November 29, 2018 at 11 a.m. before Judge Moore.
This case stems from Project Safe Neighborhoods (PSN), a program that brings together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Mr. Greenberg commended the investigative efforts of the ATF, BSO and FLPD in this matter. The case was prosecuted by Assistant U.S. Attorney Jodi L. Anton.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Huntsville Man Sentenced to 15 Years in Prison for Child Sex-Trafficking in Madison CountyRead the Press Release
BIRMINGHAM – A federal judge today sentenced a Huntsville man to 15 years in prison for paying the father of a 15-year-old so he could have sexual contact with the child, announced U.S. Attorney Jay E. Town and ICE Homeland Security Investigations Special Agent in Charge Jere T. Miles.
U.S. District Judge R. David Proctor sentenced BILLY R. EDWARDS, 64, on charges of commercial sex trafficking, coercion and enticement of a minor to engage in prostitution, and being a convicted felon in possession of firearms. Edwards pleaded guilty to the charges in June.
The child’s father, DARWIN MOISES AMADOR-ZEPEDA, 38, a Honduran national, pleaded guilty today to coercion and enticement of a minor to engage in prostitution. His sentencing in that case has not been set. In 2017, Amador-Zepeda pleaded guilty to a separate charge of illegally re-entering the United States after previous deportation. He served about five months in prison in the illegal re-entry case.
“Billy Edwards and this child’s father entered an unholy alliance to take advantage of a vulnerable teenage boy,” Town said. “Edwards gave no sanctuary to this young victim and he will have the next 15 years in a federal prison without the sanctuary of parole. Our Human Trafficking Task Force continues its work to bring to justice to anyone who engages in these disgusting, unconscionable crimes.”
Edwards acknowledged in his guilty plea that he began paying Amador-Zepeda in 2014 so that he would persuade or coerce his 15-year-old son to have sexual encounters with Edwards.
During the ongoing sexual trafficking of the child, Edwards often paid Amador-Zepeda by check, and the two men used cell phones to induce or coerce the child to engage in sexually explicit conduct, according to court records.
The sexual encounters with the child continued for several months until Edwards stopped paying to have them. At that point, Amador-Zepeda began blackmailing Edwards, threatening to show law enforcement the cell phone communications between him and the child unless Edwards paid him. Amador-Zepeda told the child what to say in English to deliver the blackmail threat, according to court records. The two men later executed a contract for Edwards to make a series of payments totaling $20,000 to Amador-Zepeda in exchange for the cell phone containing the incriminating evidence.
In May 2017, the child told law enforcement about the sex trafficking. In September 2017, the Madison County Sheriff’s Office obtained a warrant and searched Edwards’ residence, finding an Industrial National de Armes .38-caliber revolver, a Jimenez Arms .25-caliber pistol, a Bryco Jennings .380-caliber pistol and a Winchester model 1400 MKII shotgun. Edwards previously was convicted of a felony, conspiracy to commit fraud, in the Northern District of Alabama in 2005.
Immigration and Customs Enforcement’s HSI, in conjunction with the Madison County Sheriff’s Office and the Madison County District Attorney’s Office, investigated the case, which Assistant U.S. Attorneys Xavier Carter and Carla Ward are prosecuting.
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Homestead Man Charged with Possessing Fentanyl, Heroin and CocaineRead the Press Release
PITTSBURGH, PA – A former resident of Homestead, PA, has been indicted by a federal grand jury in Pittsburgh and charged with a violation of the federal narcotics laws, United States Attorney Scott W. Brady announced today.
The one-count indictment, returned on September 11, named Arrmon Davon Hagans, age 38, as the sole defendant.
According to the indictment, on or about March 23, 2018, Hagans possessed with the intent to distribute quantities of para-fluoroisobutyryl fentanyl, heroin, fentanyl and cocaine.
The law provides for a maximum total sentence of up to 30 years in prison, a fine of not more than $2,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Adam N. Hallowell is prosecuting this case on behalf of the government.
The Allegheny County Police Department conducted the investigation leading to the indictment in this case. This case was brought as part of the Federal Bureau of Investigation – Western District of Pennsylvania Opioid Task Force., which is comprised of FBI Special Agents and state and local Task Force Officers, including officers from the Pittsburgh Bureau of Police, Allegheny County Sheriff’s Department, Allegheny County Police, Port Authority Police, Munhall Police Department, West Mifflin Police Department, Stowe Township Police Department, McKees Rocks Police Department, and Pennsylvania Attorney General’s Office.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Hattiesburg Woman Sentenced to 5 Years in Prison for Drug ConspiracyRead the Press Release
Hattiesburg, Miss. – Shareka Holmes, 28, of Hattiesburg, was sentenced yesterday by U.S. District Judge Keith Starrett to serve 60 months in federal prison, followed by 7 years of supervised release, for conspiracy to possess with intent to distribute methamphetamine, announced U.S. Attorney Mike Hurst and Assistant Special Agent in Charge Derryle Smith with the Drug Enforcement Administration (DEA). Holmes was also ordered to pay a $40,000 fine.
On August 8, 2017, Mississippi Bureau of Narcotics agents intercepted a package at the Federal Express in Hattiesburg, Mississippi. Based on training and experience, agents believed the package contained illegal narcotics and obtained a search warrant based on probable cause. Once the search warrant was obtained, agents opened the package and discovered approximately 1,993.6 grams of methamphetamine.
The package was addressed to a residence in Hattiesburg. Agents conducted a controlled delivery and placed the package on the front porch of the recipient address and set up surveillance on the residence and package. A female later identified as Holmes, arrived at the residence, retrieved the package and placed it on the driver’s seat of a Cadillac Escalade. The Escalade belonged to Darrion Jones. Holmes locked the door to the Escalade and left the residence in her vehicle.
Agents followed Holmes and subsequently made contact with her at her residence. Agents asked for consent to search the residence to which Holmes gave written consent. During the search of the residence, agents recovered approximately 860 grams of methamphetamine. Holmes was subsequently arrested and charged. She pled guilty on April 30, 2018. Darrion Jones was sentenced by Judge Starrett on September 6, 2018, to 25 years in federal prison for his role in a related drug trafficking conspiracy.
The case was investigated by the Lamar County Sheriff’s Department, Jones County Sheriff’s Department, Forrest County Sheriff’s Department, Hattiesburg Police Department, Mississippi Bureau of Narcotics, and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Shundral H. Cole.
Guatemalan Charged with Illegally Re-Entering U.S. after DeportationRead the Press Release
PITTSBURGH, PA – An illegal alien from Guatemala has been indicted by a federal grand jury in Pittsburgh on a charge of illegally re-entering the United States after deportation, United States Attorney Scott W. Brady announced today.
The one-count indictment, returned on September 11, named Juan Moreno-Ortiz, formerly of Guatemala, as the sole defendant.
According to the indictment, Moreno-Ortiz, an alien who was previously deported and removed from the United States on October 7, 2010, was found in the United States on June 6, 2018.
The law provides for a maximum total sentence of two years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
The United States Department of Homeland Security/Immigration and Customs Enforcement conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Fugitive Methamphetamine Distributor Sentenced to Eight Years in PrisonRead the Press Release
SAN FRANCISCO – Hermilo Virelas Maciel was sentenced to 96 months in prison for conspiracy and possessing with the intent to distribute methamphetamine announced United States Attorney Alex G. Tse, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Rayfield Roundtree, and United States Marshal Donald M. O’Keefe. The sentence was handed down yesterday afternoon by the Honorable William H. Alsup, U.S. District Judge.
Maciel, 64, of Santa Rosa, Calif., pleaded guilty to the charges on May 22, 2018. Twenty three years earlier, on May 22, 1995, Maciel was arrested as he attempted to sell approximately 2.5 pounds of methamphetamine to a confidential informant.
On June 15, 1995, a federal grand jury indicted Maciel, charging him with one count of conspiracy to possess with the intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846, and one count of possession with the intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1). The next day, June 16, 1995, Maciel was arraigned on the charges and then was released on an unsecured personal recognizance bond. Weeks later, the defendant absconded from pre-trial supervision and on August 28, 1995, a bench warrant was issued for his arrest. On March 28, 2018, Michigan State Police located the defendant in Michigan and arrested him on the then-almost 23-year outstanding bench warrant. Upon his return in custody to San Francisco, Maciel pleaded guilty to the original charges in the indictment.
Maciel has been in custody since his arrest in March of 2018; he will begin serving his sentence immediately.
In addition to the prison term, Judge Alsup ordered Maciel to serve a three-year period of supervised release.
Assistant U.S. Attorney Shailika Kotiya is prosecuting the case with the assistance of Rawaty Yim. The prosecution is the result of an investigation by the Mendocino County-Wide Narcotics Task Force, the ATF, and the United States Marshals Service.
Four inmates from the Terre Haute Federal Correctional Complex face chargesRead the Press Release
All face up to five years imprisonment consecutive to the current sentence
PRESS RELEASE
Terre Haute -United States Attorney Josh Minkler announced today that four inmates at the Federal Correctional Complex in Terre Haute have been indicted on charges of being a prisoner in possession of a weapon.
“Correctional Officers at the BOP have an extremely dangerous job working with some of society’s most dangerous individuals,” said Minkler. “They do it professionally and without weapons to protect themselves. We owe it to them to hold federal inmates responsible for their illegal activity.”
Those indicted today include:
Robert B. Smith, 32, convicted of second-degree murder in the Western District of North Carolina.
Orlando Garcia, Jr. 39, convicted of felon in possession of a firearm in the Southern District of Texas.
Tony C. Hopkins, 53, convicted of possession of contraband in prison in the District of Colorado.
Timothy Gonzalez, 26, convicted of felon in possession of a firearm in the Northern District of Illinois.
Smith is alleged to have possessed a padlock attached to the end of a lanyard; Hopkins is alleged to have possessed a plastic knife; Garcia is alleged to have possessed a metal object and Gonzalez is alleged to have possessed a lock attached to a sock.
Minkler further noted that the United States Attorney’s Office has a zero tolerance policy for inmates who possess weapons in the Bureau of Prisons in an effort to protect the correctional officers as well as other inmates.
According to Assistant United States Attorney James M. Warden who is prosecuting these cases for the government, all defendants face up to five years imprisonment consecutive to their current sentence.
An indictment is only a charge and not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the Office’s firm commitment to prosecuting prisoner actions arising out of the Federal Correctional Complex in Terre Haute, Indiana. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 6.1
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Four Defendants Sentenced for Roles in Federal Methamphetamine ConspiracyRead the Press Release
CHARLESTON, W.Va. – Four defendants implicated in a federal methamphetamine conspiracy have been sentenced, announced United States Attorney Mike Stuart. Leonard Roberts, II, and Brittany Cross were sentenced to 216 and 120 months, respectively, and Anthony Cruz and Steve Jones were sentenced to 168 and 132 months, respectively, for guilty pleas each previously entered to their involvement in a conspiracy to distribute 500 grams or more of methamphetamine. A fifth defendant, Richard Rach III is scheduled to be sentenced on November 8, 2018. Stuart commended the collaborative investigative efforts of the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the West Virginia State Police, the Kanawha County Sheriff’s Department, and the Metropolitan Drug Enforcement Network Team.
“Law enforcement did a great job in shutting down this meth trafficking conspiracy,” said United States Attorney Mike Stuart. “We are working together like never before to protect our citizens from poison peddlers and curb the supply of illegal drugs coming into our communities.”
All four defendants previously admitted to their involvement with several other individuals in distributing methamphetamine shipped from California to various locations throughout the Charleston, West Virginia, area.. The group was responsible for distributing between 500 grams and one and one-half kilograms of high purity methamphetamine.
Assistant United States Attorney John Frail handled the prosecutions. United States District Judge Joseph R. Goodwin imposed the sentences.
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Four Charged in Ohio-to-Canada Gun Smuggling RingRead the Press Release
COLUMBUS, Ohio – A federal grand jury has charged four individuals with conspiring to illegally purchase firearms in an indictment returned here August 30 and unsealed today.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Trevor Velinor, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), announced the charges.
Those charged include, Jeremy Hearn, 40, and Marcedes Green, 28, both of Columbus, Jerome Watkins, Jr., 33, of Niagara Falls, N.Y. and Kristina DeLorenzo, 31, of Lewiston, N.Y.
According to the indictment, from at least January 2018 until April 2018, co-conspirators served as either straw purchasers, couriers or resellers of firearms purchased in Columbus and eventually resold in Canada.
Hearn would allegedly purchase the firearms from various federally-licensed firearms dealers in Central Ohio by providing false information on ATF Form 4473. It is further alleged that Green, with money provided by Hearn, assisted in the purchase of at least six of the firearms.
Hearn, Watkins and DeLorenzo then allegedly acted as couriers or assisted in courier duties, regularly traveling between Columbus and Niagara Falls and/or across the Canadian border for resale.
“The group allegedly moved at least 38 firearms from Central Ohio to eventually be resold in Canada,” said U.S. Attorney Glassman.
Conspiracy to illegally transfer firearms is a federal crime punishable by up to five years in prison.
U.S. Attorney Glassman commended the investigation of this case by ATF, and the assistance of the ATF field office in Buffalo, New York, the U.S. Attorney’s Offices for the Northern District of Ohio and the Western District of New York, as well as Assistant United States Attorneys S. Courter Shimeall and Kevin W. Kelley, 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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Fort Myers Pimp Pleads Guilty to Federal Drug and Firearms ChargesRead the Press Release
Fort Myers, Florida – Oliver Rocher (33, Alva, FL) has pleaded guilty to five counts of a federal indictment alleging drug and firearms offenses. Rocher entered his plea on the morning that his jury trial was set to begin. He faces a maximum penalty of life in federal prison. A sentencing hearing has been set for December 10, 2018.
According to court records, Rocher worked as a pimp and drug dealer out of hotels and motels in Fort Myers during 2017. In May 2017, on two occasions, Rocher sold heroin to a confidential informant working with law enforcement. During the course of the transactions, Rocher tried to ensure that the informant was not secretly recording him, and he conducted the actual hand-offs of heroin in locations that could not be easily watched by law enforcement.
Further investigation led to a search warrant on Rocher’s motel room in the early morning hours of August 3, 2017. Two days prior to execution of the warrant, law enforcement observed Rocher walk in and out the motel room, conducting suspected drug deals, and collecting money from women walking the nearby streets.
Upon execution of the warrant, inside Rocher’s motel room, law enforcement encountered Rocher, as well as two women who were trying to flush items down the toilet. Law enforcement also found, in an open safe, heroin, cocaine, cocaine base, a loaded firearm, Rocher’s state-issued identification card and thousands of dollars in cash.
This case was investigated by the Lee County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Michael V. Leeman.
Former Tuskegee Police Lieutenant Sentenced to Prison for Assaulting ArresteeRead the Press Release
Former Tuskegee Police Department Lieutenant Alex Huntley, 54, was sentenced to 36 months in prison and three years’ supervised release for beating a handcuffed and compliant arrestee, announced Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division, U.S. Attorney Louis V. Franklin, Sr., of the Middle District of Alabama, and FBI Special Agent in Charge James Jewell.
On June 8, a federal jury convicted Huntley of one count of violating an individual’s civil rights resulting in bodily injury. Huntley was sentenced today by Chief United States District Court Judge W. Keith Watkins of the Middle District of Alabama.
According to evidence presented at trial, on Dec. 24, 2014, Huntley arrested a man who scuffled with police near the Tuskegee town square and directed a fellow police officer to transport the arrestee back to the Tuskegee Police Department for booking. Once there, Huntley sprayed pepper spray in the arrestee’s face, even though the arrestee was handcuffed and following police instructions. Huntley then took the arrestee inside the police station, where Huntley knocked the still-handcuffed arrestee to the ground, stomped on him, and repeatedly kicked and punched him. In between blows, Huntley stood over the arrestee and yelled threats at him as the arrestee screamed in pain. A police officer recruit who witnessed the beating was so horrified that he surreptitiously audio-recorded the assault on his cell phone and subsequently provided the recording to federal authorities.
“This defendant abused his police powers by beating a restrained man in his custody,” said Acting Assistant Attorney General John Gore. “The Department will not tolerate such abuses, and will continue to vigorously enforce our nation’s laws and hold officers who break the law accountable.”
“The vast majority of our police officers are dedicated to protecting and serving the public with strength, courage, and valor. Unfortunately, Mr. Huntley was not so dedicated,” said U.S. Attorney Franklin. “Police officers have an increasingly difficult job. This office will strive to support our law enforcement brothers and sisters, but will also prosecute those law enforcement officers who abandon their oath to protect and serve and chose to engage in criminal conduct that they are sworn to oppose.”
“Lady Justice wears a blindfold for a reason, and a violation of someone’s civil rights by a sworn law enforcement officer cannot be tolerated. The FBI will continue to pursue these types of cases with all available resources,” said FBI Special Agent in Charge James Jewell.
This case was investigated by the FBI. The Alabama State Bureau of Investigation also assisted in the investigation. Trial Attorney Samantha Trepel of the Justice Department’s Civil Rights Division and Assistant United States Attorney Denise O. Simpson of the United States Attorney’s Office for the Middle District of Alabama prosecuted the case.
Former Tuskegee Police Lieutenant Sentenced to Prison for Assaulting ArresteeRead the Press Release
Montgomery, Alabama – Former Tuskegee Police Department Lieutenant Alex Huntley, 54, was sentenced to 36 months in prison and three years’ supervised release for beating a handcuffed and compliant arrestee, announced U.S. Attorney Louis V. Franklin, Sr., of the Middle District of Alabama, FBI Special Agent in Charge James Jewell, and Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division.
On June 8, a federal jury convicted Huntley of one count of violating an individual’s civil rights resulting in bodily injury. Huntley was sentenced today by Chief United States District Court Judge W. Keith Watkins of the Middle District of Alabama.
According to evidence presented at trial, on Dec. 24, 2014, Huntley arrested a man who scuffled with police near the Tuskegee town square and directed a fellow police officer to transport the arrestee back to the Tuskegee Police Department for booking. Once there, Huntley sprayed pepper spray in the arrestee’s face, even though the arrestee was handcuffed and following police instructions. Huntley then took the arrestee inside the police station, where Huntley knocked the still-handcuffed arrestee to the ground, stomped on him, and repeatedly kicked and punched him. In between blows, Huntley stood over the arrestee and yelled threats at him as the arrestee screamed in pain. A police officer recruit who witnessed the beating was so horrified that he secretly audio-recorded the assault on his cell phone and subsequently provided the recording to federal authorities.
“The vast majority of our police officers are dedicated to protecting and serving the public with strength, courage, and valor. Unfortunately, Mr. Huntley was not so dedicated,” said U.S. Attorney Franklin. “Police officers have an increasingly difficult job. This office will strive to support our law enforcement brothers and sisters, but will also prosecute those law enforcement officers who abandon their oath to protect and serve and chose to engage in criminal conduct that they are sworn to oppose.”
“Lady Justice wears a blindfold for a reason, and a violation of someone’s civil rights by a sworn law enforcement officer cannot be tolerated. The FBI will continue to pursue these types of cases with all available resources,” said FBI Special Agent in Charge James Jewell.
“This defendant abused his police powers by beating a restrained man in his custody,” said Acting Assistant Attorney General John Gore. “The Department will not tolerate such abuses, and will continue to vigorously enforce our nation’s laws and hold officers who break the law accountable.”
The Federal Bureau of Investigation (FBI) investigated this case with assistance from the Alabama State Bureau of Investigation. Trial Attorney Samantha Trepel of the Justice Department’s Civil Rights Division and Assistant United States Attorney Denise O. Simpson of the United States Attorney’s Office for the Middle District of Alabama prosecuted the case.
Former Rochester Residents Plead Guilty to Defrauding Manufacturing CompanyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kana Chanel Hill and Aaron James Dempsey, formerly of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to wire fraud. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that Hill and Dempsey defrauded Nordon, Inc., a plastic manufacturing company located in Rochester. The defendants worked at the company between approximately 2014 and 2017. As a payroll specialist, Hill manually triggered Nordon to issue inflated and fraudulent paychecks to herself, co-defendant Dempsey and others. Hill also used the personal identifying information of former Nordon employees to cause Nordon to issue paychecks in the names of those employees without their knowledge or consent. The paychecks were deposited into bank accounts owned by Hill and Dempsey. The fraud was discovered when a former employee received a Form W-2 from the IRS containing a discrepancy in the employee’s pay, which triggered an internal audit by Nordon and subsequent investigation by the Federal Bureau of Investigation.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
Sentencing is scheduled for January 9, 2019, before Judge Siragusa.
# # # #Former Raleigh Resident Sentenced to Eight Years for Conspiracy and Aggravated Identity Theft in Connection with Credit Card and Auto Loan Fraud SchemesRead the Press Release
RALEIGH – The United States Attorney’s Office for the Eastern District of North Carolina announces that in Federal court in Greenville, Senior United States District Judge Malcolm J. Howard sentenced DEBORAH ROSE MCFADDEN, formerly of Raleigh, North Carolina, to 96 months imprisonment for her role in a complex fraud scheme to steal, exploit, and profit from the personal and financial information of victims in North Carolina and other states. The Court ordered the term of imprisonment to be followed by 5 years of supervised release. Among other terms of the judgment, MCFADDEN was also ordered to pay restitution to over a dozen financial institutions that suffered losses as a result of the scheme.
MCFADDEN was named in a 13-count Indictment filed in the United States District Court for the Eastern District of North Carolina on June 17, 2017. On February 5, 2018, MCFADDEN pled guilty to the charged offenses of conspiracy to commit wire fraud and bank fraud, conspiracy to commit money laundering, and aggravated identity theft.
Laila Merchant and Malayna McFadden (MCFADDEN’s daughter), were two of MCFADDEN’s principal co-conspirators. Malayna McFadden pleaded guilty to a Criminal Information on July 14, 2017. On March 7, 2018, United States District Judge Malcolm J. Howard sentenced Malayna McFadden to 6 months imprisonment, among other terms of the judgment. Laila Merchant pleaded guilty to a Criminal Information on April 17, 2018. On May 3, 2018, United States District Judge Malcolm J. Howard sentenced Merchant to 42 months imprisonment, among other terms of the judgment.
According to the charging instruments, statements made in court, and other public information, between at least May 2013 and September 2014, MCFADDEN, Malayna McFadden, and Laila Merchant engaged in a complex, multistate scheme to commit credit card fraud and loan fraud through the use of stolen victim identifiers, including dates of birth and Social Security numbers.
As part of the credit card fraud scheme, the stolen identifiers were used to form sham companies and apply for merchant accounts with various credit card processors. Upon establishment of the merchant accounts, MCFADDEN and her co-conspirators unlawfully obtained credit card numbers of other victims and ran the stolen numbers through the electronic point-of-sale systems issued to the sham companies. The fraud proceeds were then laundered through dozens of bank accounts maintained and/or controlled by MCFADDEN.
As part of the bank fraud scheme, MCFADDEN and her co-conspirators submitted fraudulent auto loan applications to multiple financial institutions using stolen victim identifiers. False and fraudulent documentation was used to deceive the targeted financial institutions and trigger the release of funds, including stolen VIN numbers, phony title documents and sales contracts from sham car dealerships, and counterfeit identification with victim identifiers.
Investigation of this case was conducted by the Department of Homeland Security – Homeland Security Investigations and the Internal Revenue Service – Criminal Investigation. Assistant United States Attorney Adam F. Hulbig prosecuted the case for the government.
Former North Carolina resident indicted for international parental kidnappingRead the Press Release
A former North Carolina resident was indicted on three counts of international parental kidnapping.
Saed Hamed, 42, formerly of Fayetteville. N.C., has retained three children in the State of Palestine with the intent of obstructing the parental rights of his wife, the mother of the children, according to the indictment.
Saed and Sabah Hamed, of Uniontown, separated in 2012. The Hameds agreed Saed Hamed would have the children in the State of Palestine during the summer of 2016 but the children would be returned to the U.S. in September 2016; however, Saed Hamed refused to return the children to their mother and the children remain in the State of Palestine, according to court documents.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than maximum.
This cases is being prosecuted by Assistant U.S. Attorney Henry F. DeBaggis following an investigation by the FBI.
An indictment is only a charge. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Former Church Treasurer Pleads Guilty to Defrauding Church of Nearly a Half-Million DollarsRead the Press Release
A man who used church funds for his own personal expenses over a thirteen year period pled guilty today in federal court in Sioux City.
Andrew Matheason, age 65, from Graettinger, Iowa, was convicted of one count of wire fraud.
In a plea agreement, Matheason admitted that he served as the treasurer at Bethel Lutheran Church in Graettinger from 2003 through 2017, and that he stole at least $479,297.68 from the church during that time period. In the plea agreement, Matheason admitted that he wrote checks to himself and established a fictitious company and wrote checks from the church’s bank account made payable to that fake company. He also set up electronic transfers of funds from the church’s accounts to pay his personal credit card balances. To avoid detection, Matheason created false financial reports and presented those false reports to church leaders.
Sentencing before Chief United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared. Matheason remains free on conditions of release pending sentencing. Matheason faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, and 3 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated by Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-3036.
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Former Charity Executive Pleads Guilty to Misprision of a Felony in Connection with Concealment of a Multi-Million-Dollar Embezzlement SchemeRead the Press Release
SPRINGFIELD, Mo. – A former executive of a Springfield, Mo., charity pleaded guilty in federal court yesterday to misprision of a felony in connection with the concealment of a multi-million-dollar scheme by which other charity executives embezzled and diverted millions of dollars from the Springfield nonprofit corporation.
Keith Fraser Noble, 68, of Rogersville, Mo., pleaded guilty before U.S. Magistrate Judge David P. Rush to one count of concealment of a known felony. Noble was an executive at Preferred Family Healthcare Inc. (formerly known as Alternative Opportunities Inc.), a nonprofit corporation headquartered in Springfield, and oversaw the charity’s clinical operations, quality control matters, and clinical and medical grant proposals. Noble also was a licensed psychologist and certified substance abuse counselor.
By pleading guilty yesterday, Noble admitted he knew three other Preferred Family Healthcare executives conspired and agreed with one another to embezzle, steal, and misapply millions of dollars in charity funds. Noble admitted he knew about the others’ thefts and willfully blinded himself to the details of their schemes while reaping the benefits. Further, Noble admitted that despite his duty to do so, he did not inform the charity’s board of directors of the embezzlement, nor did he report the crimes to law enforcement. Finally, Noble acknowledged he aided the conspirators in concealing their crimes by preparing and causing to be submitted to the U.S. Department of Health and Human Services grant applications that falsely certified the charity’s compliance with federal restrictions on lobbying.
The information alleges the conspirators embezzled, stole, and misapplied funds totaling more than $30 million. Noble acknowledged his share of that came to $4,323,107.30, which he agreed to pay in restitution, less the amount of taxes paid on the income.
Under federal statutes, Noble is subject to a sentence of up to three years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
The case was investigated by IRS-Criminal Investigation, the FBI and the Offices of the Inspectors General from the Departments of Labor, Health and Human Services, Justice, and Veterans Affairs. This case is being prosecuted by Assistant U.S. Attorney Steven M. Mohlhenrich of the Western District of Missouri.
Florida Man Admits to Trafficking Kilos of Cocaine Shipped to Rhode Island from Puerto RicoRead the Press Release
PROVIDENCE – One of two Florida men charged in U.S. District Court in Providence in August 2017 with trafficking more than 5 kilograms of cocaine into Rhode Island through the U.S. Postal Service pleaded guilty today.
Appearing before U.S. District Court Judge John J. McConnell, Jr., Rinaxo Rufino, 34, of Miramar, FL, admitted that he conspired with Gabriel Concepcion, 28, of Kissimmee, FL, to receive at least three multi-kilogram shipments of cocaine shipped through the U.S. Postal Service from Puerto Rico to residences in Central Falls and Cumberland. Each shipment contained approximately three kilograms of cocaine. The packages were intercepted and seized by U.S. Postal Inspectors prior to their delivery to the intended recipients.
Rufino admitted that he and Concepcion intended to provide the kilograms of cocaine to others.
Rufino pleaded guilty to conspiracy to possess 5 kilograms of cocaine, announced United States Attorney Stephen G. Dambruch, Raymond D. Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service, Boston Division, and Ann C. Assumpico, Superintendent of the Rhode Island State Police. He is scheduled to be sentenced on December 12, 2018.
Concepcion is awaiting trial on an indictment charging him with conspiracy to possess more than five kilograms of cocaine and possession of a firearm in furtherance of a drug trafficking crime.
According to information presented to the court, U.S. Postal Inspectors and Rhode Island State Police High Intensity Drug Trafficking Area Task Force agents arrested Rufino on August 26, 2017, when he attempted to retrieve a package containing 3,029 grams of cocaine addressed to a Central Falls residence. US Postal Inspectors identified cocaine in the package prior to delivery and removed the controlled substance. In its place inspectors placed similarly weighted non-contraband material.
It is alleged that the parcel was one of three U.S. Mail parcels Rufino and Concepcion intended to acquire. The others, one addressed for delivery to a residence in Cumberland that contained approximately 3007.2 grams of cocaine was seized by Postal Inspectors on August 25, 2017, and a second addressed for delivery to a Central Falls residence contained approximately 3006.9 grams of cocaine which was seized by Postal Inspectors on August 28, 2017.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The case is being prosecuted by Assistant U.S. Attorney Paul F. Daly, Jr.
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Federal Jury Finds Apopka Man Guilty of Attempted Possession of Furanyl FentanylRead the Press Release
Orlando, FL – A federal jury today found Devin Lashawn Jefferson, II (22, Apopka) guilty of attempted possession with intent to distribute of furanyl fentanyl. Jefferson faces a maximum penalty of 20 years in federal prison. His sentencing hearing is scheduled for December 2018.
Jefferson was indicted on March 21, 2018.
According to testimony and evidence presented at trial, between February and December 2017, Jefferson sent tens of thousands of dollars to recipients in China. In April 2017, U.S. Customs and Border Protection agents in New York intercepted a package from China that was addressed to an Apopka residence that had been associated with Jefferson. The package contained approximately 1 kilogram of furanyl fentanyl. On February 27, 2018, agents conducted a controlled delivery of the package, and Jefferson retrieved it from the residence. When agents attempted to stop Jefferson, he fled in his car at a high rate of speed thru a school zone and escaped. He was apprehended approximately two weeks later.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, U.S. Customs and Border Protection, the U.S. Postal Inspection Service, the Drug Enforcement Administration, and the Orlando Police Department. It is being prosecuted by Assistant United States Attorneys Embry J. Kidd and Dana E. Hill.
Federal Court Shuts Down Illinois Tax Return PreparerRead the Press Release
A federal court has permanently barred Kathleen Sims-Crawford and KSC Business Support Services Inc. from preparing federal tax returns for others, the Justice Department announced today. The civil injunction order, entered by Judge John J. Tharp Jr., of the U.S. District Court for the Northern District of Illinois, also prohibits Sims-Crawford from owning and managing a tax return preparation business. Sims-Crawford consented to the order.
According to the government complaint, Sims-Crawford, a Chicago resident who owns and operates KSC Business Support Services, Inc., prepared returns that reported false or inflated claims for the Earned Income Credit, fabricated or inflated business losses, and false rental income and/or expenses. The complaint alleged that these returns fraudulently reduced customers’ reported tax liabilities and helped taxpayers to obtain refunds to which they were not entitled. This conduct allegedly caused the United States hundreds of thousands of dollars in harm.
The IRS has a list of steps on its website that you can take and ten tips for choosing a tax preparer. Each year, the IRS releases the top 12 scams, known as the Dirty Dozen. Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams for 2018, and taxpayers seeking a return preparer should remain vigilant. The IRS has some information on its website for choosing a return preparer and has launched a free directory of federal tax preparers.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division at [email protected] with details.
Fayetteville Woman Sentenced After Conviction of Human Trafficking OffensesRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announces that, DAQUANJRA TASHA WHITE, 29, of Fayetteville, was sentenced by United States Senior District Judge Malcolm J. Howard for sex trafficking of children. Judge Howard sentenced WHITE to 144 months of imprisonment followed by 5 years of supervised release.
WHITE was charged in a four-count indictment on February 8, 2017, and pled guilty to one count on February 5, 2018.
Between November 2015 and January 2016, WHITE prostituted three minor females in Fayetteville and Raleigh, North Carolina. WHITE recruited the children on social media and arranged to meet them. She then took provocative photos of them and advertised them for prostitution online. WHITE received proceeds from the girls’ prostitution.
The investigation of this case was conducted by the Fayetteville Police Department and the Federal Bureau of Investigation. The case was handled by Assistant United States Attorney Erin Blondel for the Government.
Fayetteville Man Sentenced for Drug & Felon in Possession ChargesRead the Press Release
GREENVILLE – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announces that JOHNNY DEWAYNE MCARTHUR, 33, of Fayetteville, North Carolina, was sentenced to 62 months imprisonment followed by 3 years of supervised release.
MCARTHUR was named in a three-count Indictment on November 29, 2017. On May 7, 2018, MCARTHUR pled guilty to Possession with Intent to Distribute a Quantity of Marijuana and to Possession of a Firearm in Furtherance of a Drug Trafficking Offense.
On October 29, 2017, officers with the Fayetteville Police Department (FPD), were on foot patrol due to gun violence and narcotics activity at a local establishment. The officers detected the smell of burnt marijuana coming from a vehicle with four occupants. As the officer approached the vehicle, one of the occupants partially opened a door, and it became apparent that the smell was coming from inside the vehicle. One of the officers made contact with the driver, who was later identified as MCARTHUR. MCARTHUR handed the officer a rolled cigar, stating they only had “one blunt.” MCARTHUR and the three occupants exited the vehicle in order for the officer to conduct a search of the vehicle. The officer found a glass jar containing three plastic bags totaling approximately 13 grams of marijuana in the center console. As the officer attempted to detain MCARTHUR, he pulled away and fled on foot. A foot chase ensued where the officer witnessed MCARTHUR remove something from his right front pocket and throw it onto the roof of a building. A search of the building roof found a .380 caliber handgun loaded with one round in the chamber and four rounds in the magazine. The firearm was also determined to be stolen.
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 Fayetteville Police Department and Assistant United States Attorney S. Katherine Burnette handled the prosecution of this case for the government.
Elizabethtown Man Sentenced After Conviction of Murder-For-Hire and Firearms OffensesRead the Press Release
GREENVILLE – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announces that today, FRANCISCO DAMIAN TORRES-VICTORIA, 25, of Elizabethtown, was sentenced by United States Senior District Judge Malcolm J. Howard for murder-for-hire and possession of a firearm by an alien. Judge Howard sentenced TORRES-VICTORIA to 120 months of imprisonment followed by 3 years of supervised release.
TORRES-VICTORIA was charged in a three-count indictment on October 5, 2016, and pled guilty to two counts on May 7, 2018.
Between September 7 and September 15, 2016, TORRES-VICTORIA recruited a confidential informant (CI) to murder a fifteen-year-old boy and his family because the boy was dating TORRES-VICTORIA’s ex-girlfriend. TORRES-VICTORIA instructed the CI to “kill them all” and burn down the residence. He provided the CI with a firearm, a can of gasoline, and a photograph of the intended victim.
The investigation of this case was conducted by the Federal Bureau of Investigation and the Bladen County Sheriff’s Office. The case was handled by Assistant United States Attorney Erin Blondel for the Government
Eccelsia College President Sentenced to 3 Years in Federal Prison for Wire FraudRead the Press Release
Fayetteville, Arkansas – Duane (DAK) Kees, United States Attorney for the Western District of Arkansas announced today that Oren Paris III., age 50, of Springdale, Arkansas, was sentenced today to 36 months in federal prison followed by three years of supervised release. Paris was also ordered to pay $621,500.00 in restitution, on one count of honest services wire fraud. Paris was ordered to surrender to the U.S. Marshals Service to begin serving his sentence on October 10, 2018. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to the evidence presented at trial, Jonathan Woods, 41, of Springdale, served as an Arkansas State Senator from 2013 to 2017. Between approximately 2013 and approximately 2015, Woods used his official position as a senator to appropriate and direct government money, known as General Improvement Funds (GIF), to two non-profit entities by, among other things, directly authorizing GIF disbursements and advising other Arkansas legislators – including former State Representative Micah Neal, 43, of Springdale, Arkansas, to contribute GIF to the non-profits. Specifically, Woods and Neal authorized and directed the Northwest Arkansas Economic Development District, which was responsible for disbursing the GIF, to award a total of approximately $600,000 in GIF money to the two non-profit entities. The evidence further showed that Woods and Neal received bribes from officials at both non-profits, including Paris, who was the president of a college. Woods initially facilitated $200,000 of GIF money to the college and later, together with Neal, directed another $200,000 to the college, all in exchange for kickbacks. To pay and conceal the kickbacks to Woods and Neal, Paris paid a portion of the GIF to Shelton’s consulting company. Shelton then kept a portion of the money and paid the other portion to Woods and Neal. Paris also bribed Woods by hiring Woods’s friend to an administrative position at the college.
For his part in the scheme, Neal pleaded guilty on Jan. 4, 2017, before U.S. District Judge Timothy L. Brooks of the Western District of Arkansas to one count of conspiracy to commit honest services fraud. Paris pleaded guilty on April 5, 2018, before Judge Brooks to one count of honest services wire fraud. Sentencings for Neal will be later this month. Woods was sentenced September 5, 2018 to 220 months in federal prison and Shelton was sentenced September 6, 2018 to 72 months in federal prison.
The FBI and IRS investigated the case. First Assistant U.S. Attorney Kenneth Elser, Assistant U.S. Attorneys Kyra Jenner and Aaron Jennen of the Western District of Arkansas and Trial Attorney Sean F. Mulryne of the Criminal Division’s Public Integrity Section prosecuted the case.
Dubuque Man Sentenced to More than a Decade in Federal Prison for Meth TraffickingRead the Press Release
A man who trafficked methamphetamine throughout Dubuque, Iowa, and unlawfully possessed a firearm while using methamphetamine was sentenced on September 11, 2018, to more than 11 years in federal prison.
Richard Thomas Hense, age 34, from Dubuque, Iowa, received the prison term after a May 10, 2018, guilty plea to conspiracy to distribute methamphetamine and possession of a firearm by a drug user.
Evidence presented at court hearings showed that from about September 2016 until October 2017, Hense sold approximately ten pounds of ice methamphetamine throughout Dubuque that he had received from Derek Richard Rath. Rath was getting the methamphetamine in the mail from a source in Phoenix, Arizona.
On the night of October 13, 2017, officers stopped Hense for a traffic violation. The officers searched Hense’s vehicle and found a half-ounce of ice methamphetamine, prescription pills, a digital scale, a loaded .32 caliber revolver, and fifty-three rounds of ammunition. Hense admitted to possessing the methamphetamine and firearm. He also told officers that he had been smoking methamphetamine for the past year.
Hense was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. He was sentenced to 141 months’ imprisonment. Hense must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Hense is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
The case was prosecuted by Special Assistant United States Attorney Drew O. Inman and investigated by the Dubuque Drug Task Force, Dubuque County Sheriff’s Office, Dubuque Police Department, Iowa Division of Narcotics Enforcement, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-1009-LRR.
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Defendant pleads guilty to illegally possessing firearmRead the Press Release
ROME, Ga. – Jermaine Courtney Brown, a suspected member of the Gangster Disciples gang, has pleaded guilty to possessing a firearm while a convicted felon.
“Brown’s continued criminal behavior jeopardizes the safety of our citizens and shows an utter disregard for the law,” said U.S. Attorney Byung J. “BJay” Pak. “Through the committed and collaborative work of our law enforcement partners, we will continue to vigorously prosecute those who illegally possess firearms within our community.”
“The FBI is committed to pursuing anyone who violates federal law and is a threat to our community,” said J.C. “Chris” Hacker, Special Agent in Charge of FBI Atlanta. “Brown’s persistent criminal behavior in support of a major gang will not be tolerated and the FBI will use all its resources to remove the threat and protect our citizens.”
“The Cedartown Police Department is committed to working together as a team with local, state, and federal agencies to make our neighborhoods safer by holding those accountable who commit violent crimes in our communities,” said Cedartown Police Chief Jamie Newsome.
According to U.S. Attorney Pak, the charges and other information presented in court: Around January 30, 2018, Cedartown Police Department officers observed Brown walking along an intersection in Cedartown, Georgia. The officers were familiar with Brown based on his prior contacts with law enforcement and his suspected membership in the Gangster Disciples gang. The officers were also aware of an outstanding arrest warrant for Brown, stemming from an arrest in February 2017 for possessing a firearm as a felon.
Brown ran when he saw the officers and the officers pursued him on foot and by a patrol car. After a short chase, Brown was apprehended and arrested. Following his arrest, Brown stated that he was carrying a gun in his pants. He also asked one of the officers, “can’t you just throw [the firearm] in the bushes? I already have too many charges on me.”
In addition to recovering a loaded Taurus Millennium PT145PRO .45 caliber semi-automatic handgun, the officers also recovered approximately 26.9 grams of marijuana and a digital scale. Brown was convicted in 2008 of possession of cocaine in the Superior Court of Floyd County, Georgia.
Jermaine Courtney Brown, 28, of Cedartown, Georgia is scheduled to be sentenced at 2:00 p.m. on November 30, 2018, before U.S. District Judge Harold L. Murphy.
This case is being investigated by the Federal Bureau of Investigation and the Cedartown Police Department.
Assistant U.S. Attorney Suzette A. Smikle is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.
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.
Dalton Man Sentenced to Prison for Fentanyl TraffickingRead the Press Release
CONCORD – Jared Peterson, 28, of Dalton was sentenced on Tuesday to serve five years in prison for possessing fentanyl with intent to distribute, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on March 18, 2017, after a drug investigation, law enforcement officers from the Franconia, Sugar Hill, and Littleton, New Hampshire police departments executed a search warrant at an apartment in Franconia. In that apartment, officers found approximately 48 grams of fentanyl. Peterson later admitted to law enforcement officers that for about a year he had been traveling regularly to Lawrence, Massachusetts to purchase fentanyl to sell in the area of Franconia, New Hampshire.
Peterson pleaded guilty on May 29, 2018.
“Fentanyl is a deadly drug that has damaged communities throughout the Granite State,” said U.S. Attorney Murray. “The U.S. Attorney’s Office works closely with all of our law enforcement partners to pursue federal drug trafficking charges against fentanyl dealers who are endangering our state by selling this dangerous substance.”
This matter was investigated by the Franconia Police Department, with assistance by the Sugar Hill and Littleton Police Departments. The case is being prosecuted by Assistant U.S. Attorney Anna Dronzek.
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Cumberland County, New Jersey, Man Sentenced to 100 Months in Prison for Bank RobberyRead the Press Release
CAMDEN, N.J. – A Cumberland, County, New Jersey, man was sentenced today to 100 months in prison for robbing two banks with an accomplice, U.S. Attorney Craig Carpenito announced.
Quintin L. Jones, 36, of Vineland, New Jersey, previously pleaded guilty before U.S. District Court Judge Renée Marie Bumb to an information charging him with two counts of bank robbery. Judge Bumb imposed the sentence today in Camden federal court.
According to documents filed in this case and statements made in court:
On Oct. 11, 2016, Jones and an accomplice robbed a Cape Bank in Upper Deerfield Township, New Jersey. According to bank employees and video surveillance, two men wearing black hooded sweatshirts entered the bank. While one man crouched near the entrance and pointed what appeared to be a black revolver at employees, the other man approached bank tellers and directed them to place cash into a bag.
Both robbers fled the bank. Employees observed a tan or gold vehicle with a black soft-top rapidly exit the parking lot and turn in the direction of Vineland. Security cameras at the bank and an employee also captured pictures of the car. Investigators determined that the car matched the description of a Chrysler Sebring that was stolen on Sept. 22, 2016, during a carjacking in the parking lot of a Walmart in Mays Landing, New Jersey.
On Oct. 15, 2016, troopers with the N.J. State Police responded to a vehicle fire at a parking lot in Parvin State Park in Pittsgrove Township, New Jersey. After fire personnel extinguished the flames, troopers determined that the vehicle was the same car that had been stolen in the carjacking on Sept. 22, 2016.
Subsequent investigation revealed that Jones and the accomplice had purchased a gas can at a Walmart in Vineland and then took a cab to a Wawa gas station near Parvin State Park, where they purchased gas shortly before police responded to the vehicle fire. Investigators also learned that Jones, who had been staying at a local hotel on Oct. 15, 2016, had been observed by an employee placing a large amount of cash in a bag. Acting on this and other information, the State Police later obtained state arrest warrants for Jones and the accomplice along with search warrants for their residences. Law enforcement personnel who searched the accomplice’s residence also found clothing consistent with the outfits worn by the two men during the Cape Bank robbery as well as a toy revolver, cash, gloves, and a car key that appeared to be for the Chrysler Sebring.
Jones also admitted robbing Newfield National Bank in Newfield, New Jersey, on Oct. 7, 2016, with the accomplice. During that robbery, Jones and the accomplice stole cash before fleeing in the same stolen Chrysler Sebring.
In addition to the prison term, Judge Bumb sentenced Jones to three years of supervised release and ordered him to pay restitution of $30,856.
Jones’ accomplice, Nathan L. Wallace of Vineland, pleaded guilty on Jan. 24, 2018, and is scheduled to be sentenced Oct. 9, 2018.
U.S. Attorney Carpenito credited special agents of the FBI’s Newark Division, Atlantic City Resident Agency, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark; the FBI’s Philadelphia Division, South Jersey Resident Agency, under the direction of Special Agent in Charge Michael Harpster; the N.J. State Police, under the direction of Col. Patrick J. Callahan, with the investigation leading to today’s sentencing. He also thanked the Vineland Police Department; the Hamilton Township Police Department; the Newfield Police Department; the Cumberland County Prosecutor’s Office; and the Salem County Prosecutor’s Office for their roles in the investigation.
The government is represented by Assistant U.S. Attorney Gabriel J. Vidoni of the U.S. Attorney’s Office Criminal Division in Camden.
Company in California Agrees to Pay Clean Water Act Fines, Mitigate Impacts to Sensitive Streams and WetlandsRead the Press Release
Goose Pond Ag, Inc., a Florida corporation, and its manager of operations Farmland Management Services, Inc., an affiliate of the John Hancock Life Insurance Company, have agreed to pay a civil penalty, preserve streams and wetlands, and perform mitigation to resolve violations of the Clean Water Act (CWA) on property near the Sacramento River located in Tehama County, California, the Justice Department announced today. The property in this case was acquired from Duarte Nursery Inc. and adjoins a Duarte site that was the subject of a settlement agreement announced by the Justice Department in August 2017 and approved by a federal judge on December 7, 2017.
Goose Pond Ag and Farmland Management Services have agreed to pay $5.3 million in civil penalties and mitigation for substantial acres of disturbed streams and wetlands on the property that are connected to the Sacramento River. In addition, the settlement requires the companies to permanently preserve hundreds of acres of streams, wetlands, and buffer areas. The agreement allows the companies to continue using the site for cattle grazing, to apply for a CWA permit to conduct other activities in jurisdictional waters on the site, and to seek future determinations concerning jurisdictional waters at the site.
“Today’s agreement constitutes one of the largest settlements ever reached in a case involving the unpermitted filling of streams and wetlands. Importantly, this result also finally draws to a close another chapter in long-running Clean Water Act litigation involving these properties near the Sacramento River in Tehama County,” said Jeffrey H. Wood, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Like the Duarte settlement last year, today’s agreement serves the public interest in enforcement of the Clean Water Act and deterrence of future violations.”
“The Corps is satisfied that this enforcement action has been resolved against these companies,” said Michael Jewell, the Chief of the Regulatory Division for the U.S. Army Corps of Engineers’ Sacramento District. “We encourage members of the public to contact the Corps prior to engaging in activities that are regulated under the Clean Water Act. The Corps is always willing to talk to the public about the Regulatory Program and to provide information on jurisdiction, permit requirements, and any other aspects of the Program.”
This case stems from activities these companies conducted after they purchased property that had laid fallow and unfarmed for more than 20 years. Goose Pond bought the 1,500-acre property in 2012 from Duarte Nursery, Inc. for $8.7 million, and shortly thereafter, Farmland Management Services began operating heavy machinery through streams and wetlands as part of the companies’ efforts to convert the property to a walnut orchard. That machinery included “deep rippers” that drag long metal shanks through the ground to break up or pierce highly compacted, impermeable or slowly permeable surface layers, or other similar kinds of restrictive soil layers. The deep ripping in this case destroyed or significantly degraded the streams and wetlands at the site.
Even before Goose Pond’s purchase of the site, the companies received aerial photographs, advice from environmental consultants, and other information that alerted them to federally-protected streams and wetlands on the property. Despite that information, the companies conducted extensive ripping and other activities in streams and wetlands without a CWA dredge-or-fill permit. The settlement agreement reached today secures a significant penalty and mitigation for these violations, while providing fairness for farmers and other landowners who comply with the applicable laws.
Last year, in resolving a related case against John Duarte and Duarte Nursery, Inc., who had conducted unpermitted ripping activities immediately south of the property at issue here, the United States gave assurances that these cases are not (and will not be used as) a pretext for federal prosecution of farmers who engage in normal plowing on their farms. No federal dredge-or-fill permit is required for plowing as defined in the regulations, and no such permit is required for discharges from "normal farming ... activities," such as plowing, if they are part of an established ongoing farming operation and not for the purpose of converting federally protected waters to new uses. Those protections for farmers remain in the law today and will continue to be recognized.
The proposed consent decree, lodged in the U.S. District Court in Sacramento, is subject to a 30-day comment period and final court approval. A copy of the proposed consent decree is available on the Justice Department Web site at www.usdoj.gov/enrd/Consent_Decrees.html.
Columbia Man Sentenced to 15 Years on Federal Firearms ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Marcus Terrelle Marsh, age 34, of Columbia, was sentenced in federal court to 180 months imprisonment (15 years) with 3 years of supervised release to follow. Marsh plead guilty earlier this year to felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2), and 924(e). Chief United States District Judge Terry L. Wooten, of Columbia, imposed the sentence after determining that Marsh was an armed career criminal based upon his extensive prior record.
Evidence presented in court established that on July 25, 2017, at approximately 5:50 pm, an officer with the Benedict College Police Department was on patrol when he observed a black male, later identified as Marsh, walking on the sidewalk of the 2600 block of Elmwood Avenue in front of the Benedict College Business Development Center, approaching Two Notch Road. The officer observed Marsh, who was clad in jean shorts and a white t-shirt, wearing a GPS ankle monitor on his lower leg and noticed what appeared to be a handgun on Marsh’s right hip area underneath the t-shirt. After the officer pulled his car around, Marsh turned and walked in the opposite direction, stopping on the porch of a nearby home[1]. When approached by the officer, Marsh refused a patdown and ran. As Marsh began to flee, the officer’s body cam footage showed the firearm on Marsh’s right hip area. The officer gave chase and observed Marsh discard the firearm. Marsh was apprehended and the firearm was recovered. Marsh provided the officer with his brother’s name, but his identity was later discovered.
Marsh is prohibited under federal law from possessing firearms and ammunition based upon his prior state convictions. Marsh has prior state convictions for unlawful carrying of a weapon, possession of crack cocaine, resisting arrest/assault on an officer while resisting arrest, failure to stop for blue light and siren (3 separate convictions), possession with intent to distribute crack cocaine (2 separate convictions), possession with intent to distribute marijuana within the proximity of a park, possession with intent to distribute marijuana 2nd offense (2 separate convictions), trafficking crack cocaine, possession with intent to distribute crack cocaine within proximity of a park, and possession with intent to distribute ecstacy 2nd offense.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Benedict College Police Department and was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.
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[1] The resident later advised officers that they did not know Marsh.
Collin County Man Sentenced for Treasury Check TheftRead the Press Release
SHERMAN, Texas – A 46-year-old Richardson, Texas, man has been sentenced to federal prison for violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Christopher Anekwe pleaded guilty on Dec. 11, 2017 to the sale of stolen treasury checks, theft of government property, and aggravated identity theft and was sentenced to 60 months in federal prison on Sep. 11, 2018 by U.S. District Judge Amos Mazzant. Anekwe was also ordered to pay restitution in the amount of $141,469.
According to information presented in court, Anekwe participated in a scheme using stolen personal identifying information to file false and fraudulent IRS tax returns, causing the government to issue refund checks based on the fraudulent information. On July 30, 2013, an associate of Anekwe sold three checks, which had been obtained from Anekwe. A federal grand jury returned an indictment on July 13, 2016, charging Anekwe with federal violations.
"The U.S. Attorney's Office and Internal Revenue Service-Criminal Investigation take seriously the crimes of theft of government funds, tax return fraud, and identity theft,” said U.S. Attorney Joseph D. Brown. “Each year millions of individuals are affected by this crime, and many millions of dollars are stolen from the federal treasury by criminals using the identifying information of innocent citizens, who are then affected by this crime as well. This office will continue to coordinate with law enforcement agencies including the IRS, in spearheading the investigation and prosecution of these crimes."
“The defendant who perpetrated this scheme defrauded the government and the taxpaying public,” said Kevin Caramucci, IRS Assistant Special Agent in Charge of the Dallas Field Office. “Stealing identities is a serious crime that hurts innocent taxpayers. Today’s sentence should serve as a strong warning to those individuals who seek to willfully defraud the United States Treasury and blatantly disregard the victims of their schemes.”
This case was investigated by the Internal Revenue Service-Criminal Investigation and was prosecuted by Assistant U.S. Attorney Tom Gibson.
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