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Monday 10 September 2018
Tybee Island Shrimper Sentenced to More Than Six Years in Prison, Ordered to Pay Nearly $1 Million in Fraud RestitutionRead the Press Release
SAVANNAH, GA: A Tybee Island shrimper and fisherman will spend more than six years in federal prison after United States District Court Judge William T. Moore Jr. sentenced him Aug. 30 for a case involving fraudulent claims for losses from foreign competition.
Michael Brian Anderson, who was convicted by a federal jury March 22, 2018, was sentenced for three counts of false statements, four counts of mail fraud and two counts of money laundering. In addition to the 77-month prison sentence, Judge Moore also ordered Anderson to pay $818,234 in restitution. The court imposed a longer sentence than standard guidelines for the case because of aggravating factors that included Anderson’s perjury during the trial and the number of victims in the case, including the use of a deceased person to further the scheme.
During the trial, prosecutors from the Southern District of Georgia U.S. Attorney’s Office presented evidence that Anderson submitted multiple false claims to Customs & Border Protection (CBP) seeking millions of dollars in subsidies under the Continued Dumping and Subsidy Offset Act of 2000 (CDSOA). The CDSOA allowed American shrimp producers to apply for federal funding to reimburse income they lost due to foreign competition.
Anderson, an eligible domestic shrimper, applied to CBP for subsidies based on the claim that his shrimping business expenses from 2005 to 2007 were more than $24 million – a claim refuted during his trial, and further debunked by Anderson’s own bank records and tax returns. Based on Anderson’s fraud, the U.S. government paid Anderson more than $800,000 to which he was not entitled. Anderson used those illegally obtained proceeds to purchase boats, stock and real estate.
“Brian Anderson submitted millions of dollars in inflated invoices for one simple reason: greed,” said United States Attorney Bobby L. Christine. “By overinflating the amount he was entitled to receive under the CDSOA, Brian Anderson diverted money from hard-working shrimpers into his own pocket. Our office is devoted to aggressively prosecuting anyone who seeks to steal public money.”
“Fraud schemes like the one uncovered in this case directly steal from hard-working U.S. taxpayers by making false claims to exploit a federal subsidy program,” said Special Agent in Charge of ICE Homeland Security Investigations Atlanta Nick S. Annan. “HSI is committed to working with its law enforcement partners to pursue transnational fraud cases aggressively and hold accountable those who seek to illegally enrich themselves.”
U.S. Attorney Christine commended the hard work and dedication of the United States Coast Guard Investigative Service, Homeland Security Investigations, and Customs and Border Protection, who jointly investigated the case.
Assistant United States Attorneys Jennifer Kirkland and Tania Groover prosecuted the case on behalf of the United States. For any questions, please contact Barry Paschal at (912) 652-4422.
Two Young Men Admit Role in Deadly Transporting CaseRead the Press Release
LAREDO, Texas – Two Mexican nationals have pleaded guilty for their roles in an alien transporting event which resulted in death, announced U.S. Attorney Ryan K. Patrick.
Mario Emiliano-Herrera and Julio Cesar Lopez-Nino, both 19, admitted they hoped to be paid $100 in exchange for each person successfully smuggled across the Rio Grande River and into the United States.
Emiliano-Herrera and Lopez-Nino were originally arrested Feb. 27, 2018, after Border Patrol (BP) agents encountered them leading a group of undocumented aliens through the brush in Laredo. Nine were ultimately apprehended, two of whom included Emiliano-Herrera and Lopez-Nino.
Law enforcement learned one of the aliens had passed out and had been left behind and attempted to retrace the group’s steps to no avail.
On March 7, 2018, a ranch foreman notified authorities that a body was found on the property just 1.5 miles north of the Rio Grande River. The deceased male was identified as part of the group Emiliano-Herrera and Lopez-Nino lead. According to witnesses, the victim could no longer keep up with the group, at which time Lopez-Nino kicked him repeatedly and left him behind.
Sentencing will be set at a later date before U.S. District Judge Marina Garcia Marmolejo. Emiliano-Herrera and Lopez-Nino each face up to life in federal prison and a possible $250,000 fine. They remain in custody pending that hearing.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation along with BP. Assistant U.S. Attorney Giselle S. Guerra is prosecuting the case.
Two More Key Players in Ring that Conducted Series of Jewelry Store Armed Robberies Receive Lengthy Federal Prison SentencesRead the Press Release
SANTA ANA, California – Two key figures in a ring that conducted a string of violent smash-and-grab robberies at Southland jewelry stores that resulted in the theft of approximately $6 million worth of high-end watches each have been sentenced to over two decades in federal prison.
Jameson Laforest, 26, of Inglewood, who participated in the scheme for nearly two years, was sentenced on Friday to 22 years and 8 months in prison. The evidence at trial proved that Laforest was involved in three of the jewelry store robberies – at Prestige Jewelers in Manhattan Beach, Westime in West Hollywood, and Ben Bridge Jewelers in the Del Amo Fashion Center. Among participants in the robberies, Laforest’s “role was the most wide-ranging,” prosecutors argued in court, pointing out that he was on the two-member robbery team that carried out a smash-and-grab robbery at Prestige Jewelers and then took on a more senior role in the robberies that followed, including recruiting other participants, scouting locations, distributing supplies for the robbers to carry into the stores, and receiving the stolen merchandise after the robbery.
Robert Wesley Johnson, 29, of Inglewood, who prosecutors said in court papers “played a critical leadership and organizational role in the robbery conspiracy,” was sentenced on Friday to 22 years in prison. Johnson recruited robbers and scouted the jewelry stores, and he supplied the firearms, hammers, backpacks and other tools used in the robberies.
Laforest and Johnson, both members of the Inglewood Family Gangster Bloods, were sentenced by United States District Judge Cormac J. Carney, who presided over a five-week trial last year that led to the conviction of four men.
The sentencings of Johnson and Laforest follow last month’s sentencing of the robbery crew’s leader, Keith Marvel Walton, who was ordered to serve 55 years in federal prison. Johnson and Laforest were two of Walton’s top lieutenants.
The fourth defendant found guilty at last year’s trial, Evan Scott, who was a gunman in two of the robberies and pepper sprayed an employee in a third robbery, is expected to be sentenced by Judge Carney later this year.
During last year’s trial, a federal jury convicted the four defendants of planning and, in some cases, actively participating in the robberies, as well as brandishing a firearm during the heists.
Another 15 defendants, each of whom was involved in at least one of the smash-and-grab robberies, have pleaded guilty. One of those men who pleaded guilty, Stanley Ford, 49, of Lancaster, was sentenced in July to 25 years in prison for participating in five of the robberies.
The conspiracy was responsible for 14 robberies or attempted robberies between early August 2014 and April 2016. One heist at a store in the busy Westfield Century City mall netted more than $1.6 million in watches and involved one of the robbers firing a warning shot from a rifle after a security guard tried to secure the store doors. Members of the conspiracy stole watches and other jewelry that were cumulatively worth approximately $6 million.
“These robberies were dangerous and violent – the precise reason they were successful,” prosecutors wrote in court papers. “The stunning show of force and intimidation prevented employees and customers from resisting, as they feared for their lives if they attempted to do so.”
Members of the conspiracy selected jewelry stores based on their inventory of expensive watches, including those manufactured by Rolex, Audemar Piguet and TAG Heuer. Walton and other organizers, including Laforest and Johnson, recruited financially desperate young men to perform the robberies, often by promising large sums of money if they were successful. The organizers planned the details of the robberies, including selecting the display cases to be smashed and providing the firearms, tools, disguises and stolen cars that were used in the robberies.
The investigation into the robbery ring was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Los Angeles County Sheriff's Department.
The prosecutors handing this matter are Assistant United States Attorneys Scott D. Tenley of the Santa Ana Branch Office, Jeffrey M. Chemerinsky of the Violent and Organized Crime Section, and Julia L. Reese of the Criminal Appeals Section.
Two Miami Residents Sentenced to Prison for $7 Million Identity Theft Tax Refund ScamRead the Press Release
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, Gabriel Grchan, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), St. Paul Field Office, Michael J. De Palma, Acting Special Agent in Charge, IRS-CI, Miami Field Office, and Dexter M. Williams, Chief, Miramar Police Department, announced that Frantz Silvene, 34, of Miami, was sentenced to 87 months after pleading guilty to one count of conspiracy to defraud the government with respect to claims in violation of Title 18, United States Code, Section 286, and one count of aggravated identity theft in violation of Title 18, United States Code, Section 1028A, for a tax refund scheme that resulted in the filing of approximately $7 million in fraudulent tax refund claims. Also connected to this scheme, Myriam Gisme, 38 of Miami, was sentenced to 53 months after pleading guilty to one count of conspiracy to defraud the government with respect to claims. At sentencing, on August 28, 2018, the defendants were also ordered to pay approximately $1.5 million in restitution.
According to the plea documents, from January 2010 to October 2013, the defendants agreed on a scheme to file fraudulent tax returns seeking refunds with the IRS using stolen personal identity information. Silvene knowingly provided stolen personal identity information for the preparation of fraudulent tax returns and assisted in opening bank accounts in Minnesota to receive fraudulently obtained tax refunds. Gisme, and others, knowingly caused the filing of false tax returns from South Florida using stolen identity information for the payment of refunds to accounts in Minnesota and elsewhere.
During the course of the conspiracy, the defendants caused the filing of approximately 1,000 tax returns seeking approximately $7 million in fraudulent tax refunds claims. The IRS paid out approximately $1.5 million in refunds to accounts controlled by Silvene, Gisme, and other co-conspirators.
Mr. Greenberg commended the investigative efforts of IRS-CI in Minnesota and Miami and the Miramar Police Department. The case was prosecuted by Assistant U.S. Attorney Michael N. Berger.
A 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.
Two Department of Defense employees admit to embezzlement chargesRead the Press Release
ELKINS, WEST VIRGINIA – Sergeant First Class Shane Morgan with the West Virginia Army National Guard and Master Sergeant (retired) Russell Morgan have admitted to charges related to the embezzlement and unlawful sale of government property, United States Attorney Bill Powell announced.
Shane Morgan, age 35, of Buckhannon, West Virginia, and Russell Morgan, age 61, of Helvetia, West Virginia, each pled guilty today to one count of “Conspiracy to Embezzle Government Property.” The two men admitted to stealing at least 80 items of United States government property worth an estimated total of more than $80,000. The men obtained access to this property through their official positions at the United States Property and Fiscal Office warehouse in Buckhannon. The crimes took place from August 2010 to October 2017 in Upshur County.
Both men each face up to five years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Andrew R. Cogar is prosecuting the case on behalf of the government. The West Virginia Army National Guard and the West Virginia State Police investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Sturbridge Woman Charged with Government Theft and False StatementRead the Press Release
BOSTON – A Sturbridge woman was charged in federal court in Worcester today in connection with receiving government funds for a disabled child who was no longer in her custody.
Tanya Chobot, 31, was charged with one count of government theft and one count of making a false statement to the Social Security Administration. She will appear in federal court in Worcester later today.
According to the charging documents, Chobot accepted more than $23,000 in Social Security disability payments on behalf of her biological child, but did not have custody or provide care to the child. On multiple occasions between 2011 and 2017, Chobot made materially false and fraudulent statements to Social Security to facilitate her continued receipt of the funds. For example, in October 2013, Chobot submitted a report to Social Security that falsely indicated that the child lived with her and that she had used money from Social Security for the support of the child. Chobot did not in fact use the Social Security payments made on behalf of the child for that child’s benefit.
The charge of theft of government funds provides for a sentence of no greater than 10 years in prison and the charge of making a false statement provides for a sentence of no greater than five years in prison. Each charge provides for up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement today. Assistant U.S. Attorney Bill Abely of Lelling’s Worcester Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Stanislaus County Man Sentenced to 20 Years in Prison for Sexual Exploitation of a ChildRead the Press Release
FRESNO, Calif. — U.S. District Judge Dale A. Drozd sentenced Adam Alan Henry, 39, of Turlock, today to 20 years in prison to be followed by 15 years of supervised release, for child exploitation offenses, U.S. Attorney McGregor W. Scott announced.
During the supervised release, Henry will be required to register as a sex offender, and his access to minors, the internet, and computers will be restricted. He was also ordered to pay $2,500 and $500 in restitution to two victims whose images Henry obtained.
On November 17, 2017, a federal jury in Fresno found Henry guilty of conspiring to sexually exploit a minor and receiving child pornography. According to court documents and evidence produced at trial, from May 2012 until September 19, 2013, Henry conspired with another person to create video and still images of a minor engaged in sexually explicit conduct. From 2007 through September 2013, Henry used a file-sharing program to receive child pornography.
This case was the product of an investigation by the Ceres Police Department with assistance from Federal Bureau of Investigation. Assistant U.S. Attorneys David L. Gappa and Ross Pearson 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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
St. Mary's, Pa. Man Admits Possessing Child PornographyRead the Press Release
ERIE, PA - A resident of St. Marys, Pennsylvania pleaded guilty in federal court to a charge of violating federal laws relating to the sexual exploitation of children, United States Attorney Scott W. Brady announced today.
Jeffrey Scott Beimel, 30, pleaded guilty to one count before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that Beimel possessed computer images depicting minors engaging in sexually explicit conduct.
Judge Cercone scheduled sentencing for January 2, 2019. The law provides for a total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court continued Beimel on bond.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pennsylvania State Police conducted the investigation that led to the prosecution of Beimel.
Sioux Falls Man Charged with Meth DistributionRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Michael Bernard Goldberg, age 35, was indicted on September 5, 2018. He appeared before U.S. Magistrate Judge Veronica L. Duffy on September 7, 2018, and pled not guilty to the Indictment.
Goldberg faces a minimum of 10 years in federal prison. The maximum penalty upon conviction is up to life in federal prison and/or a $1,000,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that beginning at a time uncertain and continuing until September of 2018, Goldberg knowingly and intentionally combined, conspired, confederated, and agreed together and with others, to distribute 500 grams or more of methamphetamine, which is a Schedule II controlled substance.
The charge is merely an accusation and Goldberg is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Drug Enforcement Administration. Assistant U.S. Attorney Jennifer D. Mammenga is prosecuting the case.
Goldberg was released on bond pending trial which has not been set yet.
Sharon Williams-Combs Sentenced for Tax Preparation FraudRead the Press Release
United States Attorney Joe Kelly announced that Sharon Williams-Combs, 47, of Omaha, Nebraska was sentenced Friday, September 7, 2018, in Omaha, Nebraska, by United States District Judge Robert F. Rossiter, Jr., for preparing and filing false tax returns. In April Ms. Williams-Combs was found guilty of fourteen counts of preparing false tax returns following a jury trial. Ms. Williams-Combs ultimately was convicted of five counts of preparing false tax returns. Ms. Williams-Combs was sentenced to five years of probation and ordered to pay restitution in the amount of $12,188.00.
Ms. Williams-Combs worked for Jackson Hewitt, inside a Walmart, for several years as a tax preparer. During her time with Jackson Hewitt, she assisted clients in preparing and filing false tax returns, claiming that clients had personal business income, from a business such hairdressing or babysitting, when in fact the client did not have such a business, or did not have the income in the amounts included on the fraudulent tax returns.
“Tax return preparers have a duty to their clients to prepare tax returns that comply with the law and are accurate,” said Karl Stiften, Special Agent in Charge of IRS Criminal Investigation. “We want to make sure taxpayers don't pay good money for bad advice.”
Sex Offender Sentenced to 18 More Months in Prison for Fleeing Pennsylvania to Avoid Serving a 10-Year Prison SentenceRead the Press Release
PITTSBURGH, PA - A former resident of Allegheny County, Pennsylvania, has been sentenced in federal court to 18 months of imprisonment, to run consecutive to his prior 10-year sentence, and three years of supervised release, to run concurrently to his prior term of supervised release on his conviction of Failure of to Register as a Sex Offender and Failure to Surrender for Service of Sentence, United States Attorney Scott W. Brady announced today.
United States District Judge Arthur J. Schwab imposed the sentence on Daniel Teed, age 57, formerly of Wexford, PA.
According to information presented to the court, from October 23, 2017, and continuing through the indictment on February 13, 2018, Teed, who was required to register under the Sex Offender Registration and Notification Act after having been convicted of Conspiracy to Commit Sex Trafficking of Children on June 14, 2017, knowingly failed to register, as required by the Sex Offender Registration and Notification Act. In addition, on January 2, 2018, Teed, after having been released, while awaiting surrender for service of sentence after conviction for Sex Trafficking of Children, a felony, and having been directed by the Court to surrender for service of sentence to the Federal Correctional Institution (FCI) Loretto in the Western District of Pennsylvania, did knowingly and willfully fail to surrender for service of sentence as ordered by the Court.
Teed was arrested on February 12 in Flagstaff, Ariz., following a nationwide manhunt led by the U.S. Marshals Service. Teed, a convicted sex offender, was wanted for failing to surrender to serve a 10-year prison term. Deputy Marshals were dispatched to multiple states and eventually developed information that Teed had traveled to Flagstaff. Investigation revealed that Teed was employing an alias and had disguised his appearance to avoid capture.
Assistant United States Attorney Jessica Lieber Smolar prosecuted this case on behalf of the government.
United States Attorney Brady commended the United States Marshal’s Service for the investigation leading to the successful apprehension and prosecution of Teed.
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.justice.gov/psc.
Seattle Man Pleads Guilty to Cyberstalking CampaignRead the Press Release
A Seattle, Washington man pleaded guilty in U.S. District Court in the Western District of Washington for conducting cyberstalking and threat campaigns against multiple Washington residents. The victims’ names are being withheld to protect their privacy.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Annette L. Hayes of the Western District of Washington made the announcement.
“Joel Kurzynski’s guilty plea demonstrates that conduct occurring online can cause victims serious harm and anguish offline,” said Assistant Attorney General Benczkowski. “While this prosecution cannot undo the damage this defendant inflicted, it sends a clear message that the Criminal Division and our law enforcement partners are firmly committed to protecting the public and aggressively pursuing malicious actors who hide behind the anonymity of the Internet.”
“This defendant thought he could use a computer keyboard to stalk and harass others with remarkable cruelty -- all while hiding in the shadows. He could not have been more wrong,” said U.S. Attorney Hayes. “Conduct that we all know is wrong in the real world, is just as wrong in cyberspace and will be punished accordingly.”
Joel Kurzynski, 38, of Seattle, Washington, a former Information Technology professional, was charged in a felony information with two counts of cyberstalking. Kurzynski had his initial appearance and pleaded guilty today before Chief U.S. Magistrate Judge Brian A. Tsuchida of the Western District of Washington. The Court scheduled the sentencing hearing for Dec. 7 before Senior U.S. District Judge Robert S. Lasnik.
According to admissions made in connection with his plea, Kurzynski engaged in an extensive and rapidly escalating cyberstalking campaign that targeted two individuals known to him. The online campaign involved -- among other things -- death threats, body shaming, and hate speech. Beginning in March 2017, Kurzynski orchestrated numerous spam phone calls to Victim 1. The conduct soon escalated to fake dating profiles wherein Kurzynski portrayed Victim 1 as seeking sadomasochistic or underage relationships. These profiles contained photographs of Victim 1 and his contact information, resulting in solicitations and harassing messages directed toward Victim 1 from multiple strangers. Kurzynski then sent several anonymous death threats to Victim 1, including the threat, “faggot. Time to die.” At one point, Kurzynski impersonated a journalist and contacted Victim 1, claiming that an upcoming article would levy sexual misconduct allegations against Victim 1 related to Victim 1’s work with a non-profit youth organization.
Kurzysnki also admitted that in November 2017, he began registering Victim 2 for numerous weight loss and suicide prevention programs, resulting in a wave of calls and emails from entities such as Overeaters Anonymous, Weight Watchers, Yellow Ribbon Suicide Prevention, and others. Within weeks, Kurzynski started sending anonymous death threats to Victim 2, many of which referenced Victim 2’s work address. One threat claimed that he was waiting for her in the lobby, and another that said, “Looking forward to seeing you today and how much you bleed. Don’t go to the bathroom alone.”
The U.S. Secret Service’s Seattle Field Office investigated the case with substantial assistance from the Seattle Police Department and King County Prosecutor’s Office. Trial Attorney Frank Lin of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Francis Franze-Nakamura of the Western District of Washington are prosecuting the case.
Victims of cyberstalking campaigns such as this often may be hesitant to come forward. The Justice Department encourages individuals who may be the victims of similar schemes to contact their local law enforcement agencies to report this conduct.
Seattle Man Pleads Guilty to Cyberstalking CampaignRead the Press Release
WASHINGTON - A Seattle, Washington man pleaded guilty in U.S. District Court in the Western District of Washington for conducting cyberstalking and threat campaigns against multiple Washington residents. The victims’ names are being withheld to protect their privacy.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Annette L. Hayes of the Western District of Washington made the announcement.
“Joel Kurzynski’s guilty plea demonstrates that conduct occurring online can cause victims serious harm and anguish offline,” said Assistant Attorney General Benczkowski. “While this prosecution cannot undo the damage this defendant inflicted, it sends a clear message that the Criminal Division and our law enforcement partners are firmly committed to protecting the public and aggressively pursuing malicious actors who hide behind the anonymity of the Internet.”
“This defendant thought he could use a computer keyboard to stalk and harass others with remarkable cruelty -- all while hiding in the shadows. He could not have been more wrong,” said U.S. Attorney Hayes. “Conduct that we all know is wrong in the real world, is just as wrong in cyberspace and will be punished accordingly.”
Joel Kurzynski, 38, of Seattle, Washington, a former Information Technology professional, was charged in a felony information with two counts of cyberstalking. Kurzynski had his initial appearance and pleaded guilty today before Chief U.S. Magistrate Judge Brian A. Tsuchida of the Western District of Washington. The Court scheduled the sentencing hearing for Dec. 7 before Senior U.S. District Judge Robert S. Lasnik.
According to admissions made in connection with his plea, Kurzynski engaged in an extensive and rapidly escalating cyberstalking campaign that targeted two individuals known to him. The online campaign involved -- among other things -- death threats, body shaming, and hate speech. Beginning in March 2017, Kurzynski orchestrated numerous spam phone calls to Victim 1. The conduct soon escalated to fake dating profiles wherein Kurzynski portrayed Victim 1 as seeking sadomasochistic or underage relationships. These profiles contained photographs of Victim 1 and his contact information, resulting in solicitations and harassing messages directed toward Victim 1 from multiple strangers. Kurzynski then sent several anonymous death threats to Victim 1, including the threat, “faggot. Time to die.” At one point, Kurzynski impersonated a journalist and contacted Victim 1, claiming that an upcoming article would levy sexual misconduct allegations against Victim 1 related to Victim 1’s work with a non-profit youth organization.
Kurzysnki also admitted that in November 2017, he began registering Victim 2 for numerous weight loss and suicide prevention programs, resulting in a wave of calls and emails from entities such as Overeaters Anonymous, Weight Watchers, Yellow Ribbon Suicide Prevention, and others. Within weeks, Kurzynski started sending anonymous death threats to Victim 2, many of which referenced Victim 2’s work address. One threat claimed that he was waiting for her in the lobby, and another that said, “Looking forward to seeing you today and how much you bleed. Don’t go to the bathroom alone.”
The U.S. Secret Service’s Seattle Field Office investigated the case with substantial assistance from the Seattle Police Department and King County Prosecutor’s Office. Trial Attorney Frank Lin of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Francis Franze-Nakamura of the Western District of Washington are prosecuting the case.
Victims of cyberstalking campaigns such as this often may be hesitant to come forward. The Justice Department encourages individuals who may be the victims of similar schemes to contact their local law enforcement agencies to report this conduct.
Sale City Woman Sentenced on Methamphetamine ChargeRead the Press Release
ALBANY: Charles E. Peeler, United States Attorney for the Middle District of Georgia, announces that Jeroen Tiller, age 32, of Sale City, Georgia, was sentenced to serve 37 months in prison for Possession with the Intent to Distribute Methamphetamine. The sentence was handed down by Senior U.S. District Court Judge W. Louis Sands in Albany on September 6, 2018.
In her plea agreement, Ms. Tiller admitted that in October 2015, Mitchell County Sheriff’s Deputies were contacted by a confidential informant (CI), who told them that large amounts of methamphetamine were being mailed to Ms. Tiller’s home in Mitchell County. On October 29, 2015, the CI told law enforcement that a package had been delivered to Ms. Tiller’s home. Agents initiated surveillance, and saw Ms. Tiller return home and bring a package inside. Thereafter, Ms. Tiller left her home, put the package in her SUV, and drove off.
Agents conducted a traffic stop of Ms. Tiller’s SUV and told her they believed she was transporting a package of methamphetamine. Ms. Tiller stated: “I know what’s in the box, and I am in big trouble.” Ms. Tiller consented to allow officers to remove the box from her car and open it. Inside, officers found suspected methamphetamine. Ms. Tiller waived her Miranda rights and admitted someone nicknamed “Bug” would have packages delivered to her home. Ms. Tiller then delivered the packages to “Bug.” In lieu of cash payment, “Bug” paid her with methamphetamine.
The contents of the package were submitted to a DEA laboratory for testing. It was found to contain 3.965 kilograms of methamphetamine which was 98.5% pure.
“Methamphetamine is a terribly destructive drug and a scourge in our communities,” said United States Attorney Charles E. Peeler. “I commend the Mitchell County Sheriff’s Office and the Drug Enforcement Administration for their work in this case.”
The case was investigated by the Mitchell County Sheriff’s Office and the DEA. Assistant United States Leah E. McEwen prosecuted the case for the United States.
Questions concerning this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
Sacramento Woman Pleads Guilty to Stealing Social Security BenefitsRead the Press Release
SACRAMENTO, Calif. — Shonda Mayshack, 42, of Sacramento, pleaded guilty today to theft of government property, U.S. Attorney McGregor W. Scott announced.
According to court documents, in April 2000, the Social Security Administration (SSA) began paying disability benefits to Mayshack’s grandmother. When the grandmother died in May 2001, Mayshack did not report it to SSA, and SSA continued to mail benefit checks to the grandmother’s address where Mayshack lived. Between May 2001 and February 2017, Mayshack stole approximately $247,933 of her grandmother’s Social Security benefits for her own use, knowing that she was not entitled to the benefits. For example, she fraudulently endorsed her grandmother’s signature on the back of benefit checks and cashed or deposited them into her own bank account. She also called SSA and posed as her grandmother to update her address so that SSA would continue sending the benefits.
This case is the product of an investigation by the Office of the Inspector General Social Security Administration. Special Assistant U.S. Attorney Robert J. Artuz is prosecuting the case.
Mayshack is scheduled to be sentenced by U.S. District Judge Kimberly J. Mueller on November 26, 2018. Mayshack faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Rochester Man Sentenced to 26 Months in Federal Prison for Fentanyl and Carfentanil TraffickingRead the Press Release
CONCORD - United States Attorney Scott W. Murray announced today that John Furber, 46, formerly of Rochester, was sentenced to 26 months in federal prison for possessing quantities of fentanyl and carfentanil with intent to distribute.
Court documents and statements made in court showed that during a vehicle stop in Rochester on March 29, 2017, Furber was found in possession of nearly 10 grams of fentanyl. On April 26, 2017, officers encountered Furber at a hotel in Rochester where he was found with over nine grams of fentanyl and over 28 grams of carfentanil, as well as over $2,000 in cash. On May 24, 2017, Furber was arrested by the United States Marshals-led New Hampshire Joint Fugitive Task Force at an apartment in North Conway, New Hampshire. An additional quantity of fentanyl was recovered from the defendant at that time.
Furber pleaded guilty to the charges on February 13, 2018. Under the terms of the plea agreement, Furber will forfeit $2,105 in drug proceeds to the United States.
“Those who distribute deadly opioids are jeopardizing the safety of our communities and threatening lives,” said U.S. Attorney Murray. “Carfentanil and fentanyl have already caused tremendous damage to the Granite State. In order to protect public safety, we will continue to work closely with our law enforcement partners to identify, arrest, and prosecute those who sell these dangerous substances.”
“The state of New Hampshire is faced with an opioid crisis unlike ever before,” said DEA Special Agent in Charge Brian D. Boyle. “Those responsible for distributing lethal drugs like fentanyl and carfentanil to the citizens of New Hampshire need to be held accountable for their actions. DEA will aggressively pursue Drug Trafficking Organizations and individuals like Mr. Furber who distribute this poison in order to profit and destroy people’s lives. This investigation demonstrates the strength and continued commitment of our local, state and federal law enforcement partners.”
This investigation was conducted by the Drug Enforcement Administration, the United States Marshals-led New Hampshire Joint Fugitive Task Force, and the Rochester and Conway Police Departments. Assistant United States Attorney Jennifer Cole Davis is prosecuting the case.
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Repeat Offender Sentenced to 27 Years for Producing Child PornographyRead the Press Release
CHARLOTTE, N.C. – Today, U.S. District Judge Robert J. Conrad, Jr. sentenced a repeat offender to 27 years in prison for production of child pornography, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina. Estefano Gerardo Lopez, 26, of Charlotte, was also ordered to spend the rest of his life under court supervision and to register as a sex offender after he is released from prison.
According to court documents and information introduced at the sentencing hearing, Lopez pleaded guilty in April 2015 in Cumberland County Superior Court to soliciting a minor by computer. According to court records, Lopez met a 12-year-old victim online and traveled to Fayetteville, N.C. to meet the minor, where he was arrested by law enforcement. Lopez was sentenced to probation. A condition of Lopez’s probationary sentence involved warrantless searches.
On August 6, 2015, Lopez’s probation officer, accompanied by officers with the Charlotte-Mecklenburg Police Department, conducted a warrantless search at Lopez’s residence. Court records show that law enforcement located on Lopez’s cell phone images of child pornography, which were hidden in a password-protected phone application. Law enforcement recovered additional child pornography on Lopez’s computer, including videos of Lopez sexually abusing a young child. According to court records, in addition to the child pornography, law enforcement also located numerous chats that Lopez had engaged in using the phone application “KIK messenger.” In these chats, Lopez identified himself as a teenage boy, and chatted with others who identified themselves as 12 or 13 years old. Over the course of the chats, the defendant solicited pornography images of the minor victims, and sent them pornographic pictures of a minor, which Lopez pretended was him.
Lopez pleaded guilty to production of child pornography in February 2018. He is currently in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
In making today’s announcement, U.S. Attorney Murray thanked the Charlotte-Mecklenburg Police Department for their investigation of this case.
Assistant U.S. Attorney Cortney Randall, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat t4he growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Omaha Men Sentenced for Bank RobberyRead the Press Release
United States Attorney Joe Kelly announced that Robert E. Sanford, age 37, of Omaha, Nebraska, was sentenced September 7, 2018, by the Honorable Robert F. Rossiter, Jr., for bank robbery. Sanford received a sentence of 12 ½ years’ imprisonment, three years of supervised release and was ordered to pay $4,315.00 in restitution.
On December 26, 2017, Sanford went to the Bank of West at 4724 South 24th Street in Omaha. He was wearing sunglasses and had his hands in his pockets when he demanded $10,000. The teller feared he had a weapon and gave him $4,315.00 that was in her drawer.
Although Sanford did not have a gun, he had two prior robbery convictions and was sentenced as a career offender.
The case was investigated by the Federal Bureau of Investigation Great Plains Violent Crimes Task Force and Omaha Police robbery unit.
Old Town Man Pleads Guilty to Sexual Exploitation of Children, and Distribution and Possession of Child PornographyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Patrick Monahan, 52, of Old Town, Maine, pleaded guilty today in U.S. District Court to sexual exploitation of children, and distribution and possession of child pornography.
According to court records, the defendant, posing online as a teenager, separately persuaded two minors to send him over the internet videos of themselves engaging in sexual activity. The defendant subsequently uploaded some of these videos to a pornographic website that could be accessed by the general public. In addition, the defendant possessed child pornography on his computer.
The defendant faces between 25 and 50 years in prison and a $250,000 fine for the sexual exploitation of children, between 15 and 40 years in prison and a $250,000 fine on the distribution charge, and between 10 and 20 years in prison and a $250,000 fine on the possession charge. He faces an enhanced sentence because he has a prior federal conviction for possession of child pornography. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated by the FBI, the Old Town, Orono and Bangor Police Departments, the Penobscot County Sheriff’s Office, and the Maine State Police Computer Crimes Unit. 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. Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Old Town Man Pleads Guilty to Distribution and Possession of Child PornographyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Kenneth McLay, 46, of Old Town, Maine, pleaded guilty today in U.S. District Court to distribution and possession of child pornography.
According to court records, the defendant obtained sexually explicit videos of a minor from the internet and uploaded some of these videos to a pornographic website that could be accessed by the general public. In addition, he possessed child pornography on his computer.
The defendant faces between 15 and 40 years in prison and a $250,000 fine on the distribution charge and between 10 and 20 years in prison and a $250,000 fine on the possession charge. He faces enhanced sentences because of a prior federal conviction for possession of child pornography. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated by the FBI, the Old Town, Orono, and Bangor Police Departments, the Penobscot County Sheriff’s Office, and the Maine State Police Computer Crimes Unit. 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. Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
New York Man Sentenced for Child Exploitation OffenseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Brett Ferrell, 33, of New York, was sentenced today in United States District Court in Rutland for traveling in interstate commerce for the purpose of engaging in illicit sexual conduct with a minor. Chief United States District Judge Geoffrey W. Crawford sentenced Ferrell to a term of 78 months of imprisonment followed by five years of supervised release. Ferrell has been in custody since his arrest on August 30, 2016.
According to court records, in mid-August 2016, Ferrell posted ads on Craigslist seeking to meet girls under the age of 18 for the purpose of sex. Ferrell then had a multi-day electronic message conversation with a law enforcement officer posing as a 13-year-old girl from Vermont. During the conversation, Ferrell repeatedly stated that he wanted to have sex with the supposed 13-year-old. Ferrell, who lived in New York, made arrangements to meet with the supposed 13-year-old at a hotel in South Burlington, Vermont. Ferrell then made reservations at the hotel and traveled from New York to Vermont for this illicit encounter. At the designated meeting time on the morning of August 30, 2016, Ferrell was arrested by law enforcement officers outside of the hotel.
United States Attorney Christina Nolan commended the efforts of Homeland Security Investigations, U.S. Customs and Border Protection, and the Vermont Internet Crimes Against Children Task Force (ICAC). She noted that this prosecution is part of the U.S. Department of Justice’s Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Ferrell was represented by Assistant Federal Defender Elizabeth Quinn. The government was represented by Assistant United States Attorney Nicole Cate.
New York Felon Sentenced to 10 Years in Federal Prison for Possession of a FirearmRead the Press Release
Gulfport, Miss. – Horace M. Rutledge, Jr., 44, of New York City, was sentenced Thursday by U.S. District Judge Sul Ozerden to the maximum 120 months in federal prison, followed by three years of supervised release, for being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives. He was also ordered to pay a $5,000 fine.
Beginning in August 2017, the Drug Enforcement Administration, utilizing a confidential informant, scheduled a reverse sting drug sale with Rutledge. Rutledge traveled to Gulfport in order to provide partial payment money while co-defendant Damien Pinckney wired funds to Gulfport at the same time. On September 23, 2017, Rutledge and Pinckney traveled along with two others in two cars from South Carolina to Gulfport to complete the purchase with more cash and three firearms – a 50 caliber gun along with two rifles. Rutledge was arrested and the cash and firearms seized. The ATF continued the investigation into Pinckney. Through phone records, witness statements in South Carolina, money transfer records and the car rented by Pinckney, ATF obtained charges against Pinckney, who was sentenced to 120 months in federal prison. Rutledge has prior felony assault, resisting arrest, criminal possession of a weapon and criminal sale of a firearm, all in New York and is therefore prohibited from possessing firearms.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives along with the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Annette Williams.
New Richmond, Indiana man faces sexual exploitation of a child charges.Read the Press Release
Public encouraged to notify law enforcement if they have any further information
PRESS RELEASE
Indianapolis-United States Attorney Josh Minkler announced today that a New Richmond, Indiana, man faces several counts of sexual exploitation of a child and possession of child pornography. Harry D. Dawson, 53, was arrested by local, state and federal law enforcement officials for his role in allegedly filming minors performing various sexually explicit acts.
“Protecting minor victims from sexual predators will always remain a top priority of this office,” said Minkler. “Those who are not able to protect themselves are the victims for which we will advocate the hardest.”
Law enforcement received a tip through the National Center for Missing and Exploited Children that Dawson allegedly uploaded images to SKYPE/Microsoft depicting two young males engaged in sexually explicit conduct. Search warrants were served on his cell phone and home where officers found sexually explicit images and videos of numerous minor victims. Further, it is alleged that Dawson directed three minor victims to perform sexually explicit activity while he videoed them. Law enforcement has also recovered a large collection of child pornography from a number of electronic devices at his home.
The public is encouraged to call law enforcement officials if they have any reason to believe Dawson may have had inappropriate contact with their children or other youth in the community. The toll-free number is 800-CALLFBI (225-5324) or www.fbi.gov/tips.
This case is being investigated by the Indiana State Police, the FBI and the Montgomery County Sheriff’s Department.
According to Assistant United States Attorney Tiffany J. Preston who is prosecuting this case for the government, Dawson faces decades in prison if convicted.
A criminal complaint is only a charge and not evidence of guilt. All defendants are presumed innocent until proved otherwise in federal court.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the Office’s firm commitment to prosecuting those who exploit or harm children and to work closely with Project Safe Childhood. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 4.1 and 4.2
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New London Man Sentenced to Prison for Illegally Possessing and Selling Loaded HandgunRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that MANUEL ARTEAGA, also known as “Manny,” 42, of New London, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford 16 months of imprisonment, followed by three years of supervised release, for illegally possessing a firearm and ammunition.
According to court documents and statements made in court, in December 2016, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) learned that ARTEAGA was attempting to sell firearms. On January 26, 2017, an individual working with law enforcement purchased a 9mm Kahr handgun, which was loaded with five rounds of ammunition, from ARTEAGA for $650. In a related state narcotics investigation, members of the Connecticut Statewide Narcotics Task Force – East conducted three controlled purchases of cocaine from ARTEAGA between April and June 2017.
ARTEAGA’s criminal history includes state felony convictions in 2003, in both Connecticut and New York, for firearm and drug offenses.
It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
On May 15, 2018, ARTEAGA pleaded guilty to one count of possession of a firearm by a previously convicted felon.
State narcotics charges against ARTEAGA are pending in New London Superior Court.
This matter was investigated by ATF and the Connecticut Statewide Narcotics Task Force – East. The case was prosecuted by U.S. Attorney Durham.
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 neighborhoods safer for everyone.
Morgan County woman sentenced for firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Megan Renee Bohrer, of Berkeley Springs, West Virginia, was sentenced today to 24 months incarceration for a stolen firearms charge, United States Attorney Bill Powell announced.
Bohrer, age 25, pled guilty one count of “Aiding and Abetting Possession of a Stolen Firearm” in May 2018. Bohrer admitted to possessing a stolen .38 caliber revolver in September 2017 in Berkeley County.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative, and the Berkeley County Sheriff’s Office investigated.
Chief U.S. District Judge Gina M. Groh presided.
Montgomery Doctor Charged with Drug Distribution OffensesRead the Press Release
Montgomery, Alabama – On Monday, September 10, 2018, Dr. Richard Stehl, 54, of Montgomery, Alabama, appeared in court after being indicted on drug distribution charges, announced United States Attorney Louis V. Franklin, Sr.
The indictment charges Dr. Stehl, who owned and operated a medical practice on Winton Blount Loop in eastern Montgomery, with drug distribution offenses. Those charges stem from Dr. Stehl’s prescribing controlled substances inappropriately, unlawfully, and for non-medical reasons
If convicted, Dr. Stehl faces a maximum sentence of 20 years’ imprisonment on each count. He also faces substantial monetary penalties and restitution.
An indictment merely alleges that crimes have been committed. The defendant is presumed innocent until proven guilty beyond a reasonable doubt.
This case was investigated by the Drug Enforcement Administration’s Tactical Diversion Squad, the United States Department of Health and Human Services Office of Inspector General, and the Internal Revenue Service’s Criminal Investigations Division. The Montgomery Police Department, the Alabama Board of Medical Examiners, the Alabama Law Enforcement Agency, and the Opelika Police Department all assisted in the investigation. Assistant United States Attorney Jonathan S. Ross is prosecuting the case.
Monroe felon pleads guilty to possessing shotgunRead the Press Release
MONROE, La. – United States Attorney David C. Joseph announced today that a Monroe felon pleaded guilty to possessing a 12-gauge shotgun.
Adrian Terrell Riser, 32, of Monroe, Louisiana, pleaded guilty before U.S. District Judge Terry A. Doughty to one count of felon in possession of a firearm. According to the guilty plea, a Monroe Police Officer observed Riser on February 28, 2018 outside of an apartment on Richwood Road with a firearm in the left leg of his pants. He was arrested, and the weapon was found to be a Maverick Arms 12-gauge shotgun loaded with six rounds of ammunition. The defendant was previously convicted of possession with intent to distribute marijuana in 2012, possession with intent to distribute methamphetamine in 2014 and possession of cocaine in 2016. These felonies barred him from possessing a firearm under federal law.
Riser faces up to 10 years in prison, three years of supervised release and a $250,000 fine. The court set the sentencing date for January 2, 2019.
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 ATF and the Monroe Police Department conducted the investigation. Assistant U.S. Attorney Brian C. Flanagan is prosecuting the case.
Mexican Man Sentenced to Prison Following Deportation and Document FraudRead the Press Release
A Mexican man who had been deported, illegally returned to the United States, and then used false identification documents to obtain a job was sentenced September 5, 2018, to more than 2 months in federal prison.
Emmanuel Santos-Diaz, age 34, a citizen of Mexico illegally present in the United States and residing in Hampton, Iowa, received the prison term after a July 17, 2018, guilty plea to one count of unlawful use of identification documents and one count of illegal reentry into the United States.
At the guilty plea, Santos-Diaz admitted he had previously been deported from the United States in February 2003, and that he illegally reentered the United States without the permission of the United States government. Santos-Diaz also admitted he used a fraudulent Social Security card and a fraudulent permanent resident card, also known as a “green card,” when he completed an employment form on March 30, 2015, at a business in Clear Lake, Iowa. The Social Security account number on the card used by Santos-Diaz belonged to a United States citizen. The Alien Registration number on the “green card” had been issued to another person.
In May 2018, the Clear Lake Police Department received a complaint from a woman in Arkansas that she was being denied benefits because someone was using her Social Security number in Iowa to work and that income was being counted against her. On June 6, 2018, Santos-Diaz was arrested by immigration agents at a job site in Hampton.
Santos-Diaz also has prior convictions in Franklin County, Iowa, for forgery in 2003 and operating while intoxicated (OWI) in 2005.
Santos-Diaz was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Santos-Diaz was sentenced to 73 days’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Santos-Diaz is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Homeland Security Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-3024-LRR.
Follow us on Twitter @USAO_NDIA.
Mexican Man Sentenced for Alien SmugglingRead the Press Release
The United States Attorney for the District of Vermont and the Swanton Sector Office of the United States Border Patrol announce that Salmen Hernandez-Ayala, 48, a citizen of Mexico, was sentenced today in United States District Court in Burlington for transporting three illegal aliens within the United States. United States District Judge Christina Reiss sentenced Hernandez-Ayala to time served. Hernandez-Ayala has been in custody since his arrest on May 17, 2018.
According to court records, Hernandez-Ayala hired a taxi in New York City and traveled in the taxi to a location near the United States / Canada border, where he picked up the three aliens and traveled south away from the border. Shortly after 3:00 a.m. on May 17, 2018, United States Border Patrol agents stopped the taxi on U.S. Route 5 in Derby, Vermont and determined that Hernandez-Ayala, who was in the front passenger seat, and the three aliens in the rear seat were illegally present in the United States.
The three aliens were charged, convicted, and sentenced as follows:
Eliezer Esteban Gamez-Saban, 21, a citizen of Guatemala, was charged with illegal reentry into the United States after having previously been removed from the United States, a felony offense. On June 7, 2018, he pleaded guilty and was sentenced by United States District Judge Christina Reiss to time served.
Jorge Campos-Navarro, 21, a citizen of Mexico, was charged with illegal entry into the United States, a misdemeanor offense. On June 28, 2018, he pleaded guilty and was sentenced by United States Magistrate Judge John M. Conroy to time served.
Bryan Antonio Cruz-Salvador, 20, a citizen of Mexico, was charged with illegal entry into the United States, a misdemeanor offense. On June 28, 2018, he pleaded guilty and was sentenced by United States Magistrate Judge John M. Conroy to time served.
The Swanton Sector Border Patrol is responsible for securing the land border between ports of entry in Vermont as well as New Hampshire and northeastern New York. The assistance of citizens is invaluable in helping the U.S. Border Patrol accomplish their border security mission and they welcome community members to help them keep our nation’s borders safe by reporting suspicious activity at 1-800-689-3362.
For more on CBP’s mission at our nation’s ports of entry with CBP officers and along U.S. borders with Border Patrol agents, please visit the Border Security section of the CBP website.
Hernandez-Ayala was represented by Assistant Federal Defender Elizabeth Quinn. Gamez-Saban was represented by Thomas Sherrer. Campos-Navarro and Cruz-Salvador were represented by Stephanie Greenlees. Assistant U.S. Attorney Nicole Cate represented the government.
Memphis Man Sentenced to 65 Months Imprisonment for Aggravated Identity TheftRead the Press Release
Memphis, TN – A Memphis man has been sentenced to 65 months in federal prison for possession of access devices with intent to defraud and aggravated identity theft. U.S. Attorney D. Michael Dunavant of the Western Division of Tennessee announced the sentence today.
According to information presented in court, between June 2011 and July 2016, Melvin Gene Griggs Jr., 32, used the identifying information of multiple victims to access victims’ credit card and bank accounts.
U.S. Attorney D. Michael Dunavant said, "Aggravated identity theft and schemes to defraud or compromise the personal and financial security of countless vulnerable victims will not be tolerated. This case demonstrates our commitment to protect the personal and financial information of citizens and institutions, and to hold offenders accountable for these disturbing crimes of dishonesty. We are pleased to work with our federal and local law enforcement partners to achieve justice for the victims in this case."
During the course of the investigation, the Government found that the personal identifying information of over 400 victims had been compromised. The information included credit card numbers, CVV2 numbers, ATM pin numbers, bank names, routing and bank account numbers, phone numbers, social security numbers, birth dates, mothers’ maiden names, AOL IDs, email address and physical addresses.
The scheme to defraud included opening new accounts in the victim’s name and/or adding himself as an authorized user to a victim’s account. Griggs would then have credit cards and financial statements from the accounts mailed to him. The credit cards were used to make purchases at local retailers and online. He also obtained money from victims’ bank accounts by wire transfers and cashing checks.
"The U.S. Postal Inspection Service is pleased with Mr. Griggs’ sentence. A large part of the Postal Inspection Service mission is to ensure the public’s trust in the U.S. Mail. These types of crimes against postal customers compromise that trust. This sentence reflects the serious nature of the offense and will hopefully be a deterrent to others," said David M. McGinnis, Postal Inspector in Charge, Charlotte Division.
On September 6, 2018, U.S. District Court Judge Thomas L. Parker sentenced Griggs to 65 months imprisonment; 3 years supervised release and ordered to pay restitution in the amount of $237,801.97. Additional reimbursements are possible pending a restitution hearing on November 30, 2018.
The case was investigated by the United States Postal Inspection Service, United States Secret Service and the Memphis Police Department.
Assistant U.S. Attorney Lorraine Craig prosecuted this case on the government’s behalf.
Maryland Man Charged with Clean Air Act ViolationsRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brian Mellott, age 45, of Cumberland, Maryland, was indicted by a federal grand jury with conspiring to impede the lawful functions of the Environmental Protection Agency (EPA) and Department of Transportation (DOT), and to violate the Clean Air Act. Mellott also was charged with three counts of violating the Clean Air Act. The indictment was returned on August 14, 2018, but remained under seal until Mellott was apprehended.
According to United States Attorney David J. Freed, the indictment alleges that Mellott was an analyst at Rockwater Northeast LLC, a company that serviced the fracking industry in Pennsylvania. In the course of his employment, it is alleged that Mellott conspired to modify the emissions systems on approximately 30 Rockwater heavy-duty diesel trucks by using “defeat devices.” It is further alleged that the defeat device purchases were concealed in Rockwater’s books and records by mislabeling them as exhaust systems, including invoices approved by Mellott. Mellott and his co-conspirators also are accused of allegedly taking the modified commercial motor vehicles to state-approved inspection stations to pass federally regulated commercial motor vehicle inspections falsely.
Five other individuals—Gavin Rexer, Dennis Paulhamus, Joseph Powell, John Joseph, and Timothy Sweitzer—were previously charged with and pleaded guilty to conspiring to defraud the government and violate the Clean Air Act, as part of this investigation.
The matter was investigated by the EPA’s Criminal Investigations Division and the DOT’s Office of the Inspector General, with the assistance of the Pennsylvania State Police and other law enforcement agencies. The case is being prosecuted by Assistant United States Attorneys Phillip J. Caraballo and Sean Camoni, and by Special Assistant United States Attorney Patricia C. Miller.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the most serious offense is five years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Martinsburg man sentenced for illegal ammunition chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Gary Owen Jones, of Martinsburg, West Virginia, was sentenced today to 30 months incarceration for illegal possession of ammunition, United States Attorney Bill Powell announced.
Jones, age 47, pled guilty to one count of “Unlawful Possession of Ammunition” in May 2018. Jones, who was previously convicted of a felony in the Circuit Court of Berkeley County, possessed more than 1,100 rounds of ammunition in February of 2018 in Berkeley County.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated.
Chief U.S. District Judge Gina M. Groh presided.
Man Arrested with 4.5 Pounds of Heroin Sentenced to Federal PrisonRead the Press Release
TOPEKA, KAN. – A Mexican man who was arrested in Kansas with 4.5 pounds of heroin was sentenced Monday to 41 months in federal prison, U.S. Attorney Stephen McAllister said.
Elesvan Garcia-Matinez, 26, pleaded guilty to one count of possession with intent to distribute heroin. In his plea, he admitted the Geary County Sheriff’s Office stopped his car on I-70 in Geary County. In the trunk, they found a modified fire extinguisher containing about 4.5 pounds of heroin.
McAllister commended the Geary County Sheriff’s Office, the Drug Enforcement Administration and Special Assistant U.S. Attorney Skip Jacobs for their work on the case.
Lebanon Man Pleads Guilty for Failing to Register as a Sex OffenderRead the Press Release
CONCORD - United States Attorney Scott W. Murray announced today that Paul Dwayne Allen, 31, of Lebanon pleaded guilty to failing to register as a sex offender.
According to court documents and statements made in court, Allen was convicted of felonious sexual assault in Grafton County in 2008 and was required to register under the federal Sex Offender and Registration Notification Act (SORNA). After being released from prison, Allen registered as a sex offender for several years before moving to Florida in 2015 and continued to register while living in Florida. However, in approximately July of 2017, Allen left Florida without notifying authorities and moved back to New Hampshire. On October 7, 2017, Allen was arrested in Enfield and was instructed to register as a sex offender on the following day, but failed to do so. On October 27, 2017, the United States Marshals Service located Allen in Lebanon took him into custody.
Allen is scheduled to be sentenced on December 19, 2018.
“Sex offender registration protects public safety by helping to monitor and track sex offenders who are living in the community,” said U.S. Attorney Murray. “In order to protect the public, we will be aggressive in prosecuting sex offenders who fail to comply with their registration obligations.”
The case was investigated by the United States Marshals Service with assistance from the Enfield and the Lebanon Police Departments and is being prosecuted by Assistant U.S. Attorney Arnold H. Huftalen.
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Indian National Pleads Guilty to Immigration Fraud SchemeRead the Press Release
ALEXANDRIA, Va. – A citizen of India pleaded guilty today to operating a fraud scheme in which he used Facebook and WhatsApp to scam people seeking to purchase United States visas.
According to court documents, Kanwar Sarabjit Singh (aka Sandy Singh), 51, a lawful permanent resident, used Facebook and WhatsApp to falsely represent himself as an employee of the U.S. Department of Homeland Security (DHS) who worked in the U.S. Immigration and Naturalization Service and who could obtain genuine United States visas in exchange for a fee of $3,000 to $4,000. As part of his scheme, Singh created a fake photo identification document purporting to be from DHS, which he emailed to others in an effort to show that he was, in fact, able to obtain United States immigration documents. Singh instructed individuals seeking immigration documents to email him passport photographs, copies of their passports and other personally identifying information and to send him money via overnight delivery service or by wire transfer. After receiving these documents and the requested fee up front, Singh created and emailed fake letters purporting to be from the U.S. Embassy in New Delhi, India, which falsely represented that there was an appointment to pick up the requested visa documents. Many of Singh’s victims resided overseas and were impoverished.
In addition to this visa fraud scheme, Singh also admitted to engaging in an investment fraud scheme in Pigeon Forge, Tennessee, in 2012, in which he defrauded approximately 22 investors of approximately $340,000. Singh gained the trust of a local pastor and his church, including elderly members, and falsely represented to them that he owned a small company in India that provided labor for services, including data entry, to two large, international companies and that for a small, up-front investment, they would see a large return on their money.
If you or someone you know may be a victim of this fraud scheme, please contact the FBI’s Washington Field Office at 202-278-2000.
Singh pleaded guilty to wire fraud and impersonation of a federal officer and faces a maximum penalty of 20 years in prison when sentenced on December 14. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after U.S. District Judge Liam O’Grady accepted the plea. Assistant U.S. Attorney Kimberly R. Pedersen is prosecuting the case.
The Department of Homeland Security provided assistance with this investigation.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-228.
Illegal Alien Sent to Federal Prison for Trying to Drown Federal AgentRead the Press Release
A 31-year-old Illegal alien residing in Ciudad Hidalgo, Michoacan, Mexico, has been ordered to prison following his conviction of assaulting a Border Patrol (BP) agent during his attempt to illegally enter the country, announced U.S. Attorney Ryan K. Patrick. Edgar Garrido-Miranda pleaded guilty Dec. 5, 2017.
Today, U.S. District Judge Marina Garcia Marmolejo ordered him to prison for 60 months and ordered restitution in the amount of $4,788.79. At the hearing, the court heard that this was not an accidental act on Garrido-Miranda's part. She sternly him warned him that things could have gone very wrong, including being shot. Not a U.S. citizen, he is expected to face deportation proceedings fooling his sentence.On Aug. 16, 2017, BP agents encountered a group of undocumented aliens near the Zacate Creek area in south Laredo. Garrido-Miranda was a member of that group. Law Enforcement attempted to arrest him, at which time Garrido-Miranda became combative.
During the struggle, Garrido-Miranda held one of the BP agents under water until a second agent came to his rescue.
At the hearing today, the court noted the BP agent's restraint in not resorting to deadly force under the circumstances.
The victim suffered bruises and contusions as well as a throat infection as a result of the encounter.
Garrido-Miranda has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI conducted the investigation with the assistance of BP. Assistant U.S. Attorney José Angel Moreno prosecuted the case.High Desert Man Sentenced to 5 Years in Federal Prison for Lighting Fire in Oasis of Mara in Joshua Tree National ParkRead the Press Release
LOS ANGELES – A Twentynine Palms man today received a statutory maximum sentence of 60 months in federal prison for illegally starting a fire in the Oasis of Mara in Joshua Tree National Park, which damaged historic trees and other resources earlier this year.
George William Graham, 26, was sentenced by United States District Judge Manuel L. Real. In addition to the five-year prison sentence, Judge Real ordered Graham to pay $21,019 in restitution to the National Park Service.
Graham pleaded guilty in June to a felony charge of unlawfully setting a fire (technically known as timber set afire). Graham specifically admitted in the plea agreement that he started the March 26 fire by igniting a palm frond with a handheld lighter, and “[t]he fire eventually grew to approximately 9,989 square feet, and destroyed numerous grasses, bushes, palm trees, vegetation, and other items of significance within the Oasis of Mara.” Seven California fan palms and scores of other plants were essentially destroyed in the blaze.
National Park Service Law Enforcement Rangers arrested Graham at the scene of the fire after he was observed watching the blaze.
When he started the fire in Joshua Tree National Park, Graham already had two prior arson convictions for which he received sentences of four years in state prison. Graham was still on parole for one of those convictions at the time.
The investigation in this case was conducted by the National Park Service, with assistance from the United States Bureau of Land Management, the San Bernardino Sheriff’s Department, and the San Bernardino County Fire Department.
The sentencing in this case was handled by Assistant United States Attorneys Carolyn Small of the General Crimes Section and Julia L. Reese of the Criminal Appeals Section.
Hialeah Man Pleads Guilty in $8 Million Laundering Scheme Involving Proceeds of Mortgage Fraud and Tax Refund FraudRead the Press Release
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, Robert Lasky, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office and Michael J. De Palma, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI) announced that on September 5, 2018, Yant Garcia, 38 of Hialeah, pled guilty to one count of conspiracy to commit an offense against the United States.
According to the plea document, beginning around 2012, and continuing through around 2015, Garcia agreed with others to launder the proceeds of an identity theft tax refund scheme and mortgage fraud scheme by cashing checks in names of persons who were not present at check-cashing stores in Miami.
In or around 2013, Garcia’s co-conspirators submitted fraudulent tax returns to the Internal Revenue Service (IRS) using stolen personal identity information seeking refunds ranging in value from $130,000 to $170,000. In total, the Department of Treasury paid out approximately $4.3 million in fraudulent refund claims by mailing out tax refund checks. The defendant and a co-conspirator met with the owner of a check-cashing store in Hialeah and the true owner of the store agreed to cash these checks for a thirty percent fee.
In or around 2015, Garcia and his co-conspirators engaged in a mortgage fraud scheme on a property in Miami Beach. Garcia and his coconspirators submitted fraudulent loan applications and received approximately $3.7 million in proceeds from this mortgage fraud via interstate wire to the account of the fake title company in Miami. Garcia then provided checks to co-conspirators who cashed these checks at check-cashing stores in South Florida in the names of payees who were not present.
Garcia is scheduled to be sentenced on November 14, 2018 at 10:30 a.m. before U.S. District Judge Marcia G. Cooke.
Mr. Greenberg commended the investigative efforts of the FBI and IRS-CI. The case is being prosecuted by Assistant U.S. Attorney Michael N. Berger.
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.
Harrison County man sentenced for methamphetamine chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA –Jacob Renard White, of Clarksburg, West Virginia, was sentenced today to 60 months incarceration for methamphetamine distribution, United States Attorney Bill Powell announced.
White, age 30, pled guilty to one count of “Conspiracy to Possess with Intent to Distribute and Distribute Methamphetamine” in July 2018. White admitted to distributing methamphetamine in February of 2017 in Harrison County.
Assistant U.S. Attorney Andrew R. Cogar prosecuted the case on behalf of the government. The Greater Harrison Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Hampshire County man sentenced for sex offender registry violationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Anthony Dale Helton, of High View, West Virginia, was sentenced today to 24 months incarceration for a sex offender registration violation, United States Attorney Bill Powell announced.
Helton, age 50, pled guilty to one count of “Failure to Register” in May 2018. Helton, who had previously been convicted of a sex offense in South Carolina, admitted to traveling across state lines without updating his sex offender registration, as required by law, in November and December 2017 in Hampshire County.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The United States Marshals Service investigated.
Chief U.S. District Judge Gina M. Groh presided.
Grant County Man Sentenced to 14 Years for Distributing and Possessing Child PornographyRead the Press Release
COVINGTON, Ky. — Charles Moran, Jr., 44, of Grant County, Kentucky, was sentenced, last Thursday, to 14 years in federal prison, by United States District Judge David Bunning, for distributing and possessing child pornography.
Moran previously admitted that, in June 2017, he used his computer to download hundreds of images of child pornography and then made them available for sharing with other users of a peer-to-peer software. Unbeknownst to Moran, detectives with the Electronic Crimes Unit of the Campbell County Police Department were conducting online undercover investigations of child pornography. When Moran was arrested, in October 2017, investigators found over 1,000 images of child pornography on his computer, which depicted sex acts against children ranging in ages from 6 months old to teenagers. Moran pleaded guilty to the charges in May 2018.
Under federal law, Moran must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the United States Probation Office for a term of 25 years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Amy Hess, Special Agent in Charge, Federal Bureau of Investigation; and Craig Sorrell, Chief of the Campbell County Police, jointly made the announcement.
The investigation was conducted by the FBI and Campbell County Police Department. The United States was represented by Assistant United States Attorney Wade T. Napier.
Grand Jury Indicts Monkey Island Bomb SuspectRead the Press Release
TULSA, Okla.— United States Attorney Trent Shores announced that a federal grand jury returned an indictment against Richard C. Cole, 35, formerly of Afton, charging him with possession of an unregistered destructive device discovered at a residence in Afton, Oklahoma.
According to court documents, on August 25, 2018, Delaware County Sheriff’s deputies were called to Cole’s apartment unit, when a suspected improvised explosive device was discovered by the landlord. The Oklahoma Highway Patrol Bomb Squad was contacted, and upon arrival, they observed two, one pound canisters containing “mixed Tannerite” which is a binary explosive. The bomb squad also found two boxes of ammunition, along with an explosive device commonly referred to as a “pipe bomb” in an ammunition container. The explosive experts then rendered the device safe.
U.S. Attorney Trent Shores stated, “Residents of Afton were unknowingly placed in harm’s way when this pipe bomb was created. Thankfully, it did not detonate. The immediate reporting and swift action taken by law enforcement potentially saved lives.”
Agencies involved in the investigation and arrest included the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Oklahoma Highway Patrol, and the Delaware County Sheriff’s Office. Assistant United States Attorney Robert T. Raley is prosecuting the case. AUSA Raley is the National Security Anti-Terrorism (ATAC) Prosecutor for the U.S. Attorney’s Office in the Northern District of Oklahoma
A return of an indictment is a method of informing a defendant of alleged federal crimes, which the government would need to prove beyond a reasonable doubt. Defendants are presumed innocent until proven guilty in a court of law.
Grand Junction Man Sentenced to Federal Prison for Being Felon in Possession of A FirearmRead the Press Release
DENVER – Michael Batt, age 46, of Grand Junction, Colorado, was sentenced today by U.S. District Court Chief Judge Marcia S. Krieger to serve 29 months in federal prison, followed by 3 years on supervised release for being a felon in possession of a firearm, U.S. Attorney Bob Troyer and Drug Enforcement Administration Denver Division Special Agent in Charge William T. McDermott announced. Batt appeared at the sentencing hearing in custody and was remanded at the hearing’s conclusion.
Batt and four others were indicted by a federal grand jury on December 12, 2016. Batt pled guilty on April 20, 2018. He was sentenced today, September 10, 2018, in Grand Junction, Colorado. Two other defendants were sentenced to 113 months, and 57 months, respectively, for conspiracy to distribute methamphetamine. Two additional defendants will be sentenced later this year.
According to the stipulated facts contained in Batt’s plea agreement, Batt was involved with a number of other individuals involved in the trafficking of methamphetamine along the Western Slope of Colorado. Beginning in November 2015, the Grand Junction DEA and the Grand Valley Joint Drug Task Force began an investigation into a methamphetamine trafficking organization based in Mesa County, Colorado. Agents identified Manuel Arias and Maria Serna as a husband and wife team who were methamphetamine distributors in the Grand Junction, Colorado area. Serna and Arias were also known to deal in firearms. The investigation utilized confidential sources, undercover agents, surveillance and wiretaps.
On September 14, 2016, an undercover agent purchased two firearms from Serna and Arias. One firearm was a .223 Tavor rifle and the other was a Highpoint 9mm handgun. The .223 Tavor rifle was a semiautomatic firearm capable of accepting a large capacity magazine.
The investigation showed that Serna and Arias had obtained both firearms and an accompanying magazine from Michael Batt. Michael Batt is prohibited from possessing firearms due to multiple prior felony convictions. Before Batt provided the firearms to Serena and Arias, the .223 Tavor had been involved in an accidental shooting; the juvenile who fired the accidental shot lived near to Batt and delivered the rifle and magazine to him the day of the accidental shooting, on August 31, 2016. The next day, September 1, 2016, Batt delivered both firearms and the magazine to Arias. Batt was supposed to receive $2,500 from Serna and Arias for the firearms, but he never received the money.
William McDermott, Special Agent In Charge of the DEA Denver Field Division said, “The very powerful addiction of methamphetamine is a major drug problem on the Western Slope. Methamphetamine is actively destroying lives and ravaging our rural communities throughout the Rocky Mountain Region. As seen in this case, guns go hand-in-hand with those who are involved with the distribution of methamphetamine.”
This case was investigated by the DEA Denver Division, including agents in Grand Junction as well as agents and officers of the Grand Valley Joint Drug Task Force. The defendants were prosecuted by Assistant U.S. Attorney Peter Hautzinger.
Government Contractor Sentenced to 24 Months Imprisonment forMajor Fraud against the United StatesRead the Press Release
Memphis, TN – A local man has been sentenced to 24 months in federal prison for major fraud against the United States. D. Michael Dunavant, U.S. Attorney for the Western District of Tennessee announced the sentence today.
According to information presented in court, M. Cleve Collins, aka Milton Cleve Collins aka Cleve Collins, 54, executed a scheme to defraud the United States on a construction contract valued at approximately one and one-half million dollars administered by the General Services Administration for the replacement of the roof and the air conditioning system at the Ed Jones Federal Courthouse and Post Office in Jackson, TN.
As part of the scheme to defraud, Collins caused the roofing subcontractor, a small Memphis-area business, to perform work for which it was never fully paid. Additionally, Collins filed false and fraudulent certifications with the US Government indicating he had, in fact, paid the subcontractor. The value of the funds obtained because of this scheme was over $580,000.
"As the legal representative of the United States of America, it is the priority and duty of the U.S. Attorney’s Office to safeguard taxpayer funds, and to promote the responsible use and stewardship of such government resources for the benefit of our nation and our citizens. The major fraud committed by the defendant in this case is a serious crime of dishonesty and deceit that strikes at the very heart of those national interests and will not be tolerated. The GSA and the FBI are to be commended for their diligent investigative work in uncovering and exposing this fraud, and I am pleased that we have achieved justice by holding the defendant accountable under the law," said D. Michael Dunavant, U.S. Attorney for the Western District of Tennessee.
On September 4, 2018, U.S. District Court Judge John T. Fowlkes Jr. sentenced Collins to 24 months imprisonment; 3 years supervised release and ordered to pay $517,750 in restitution.
"Federal contractors are obligated to follow through on their promises to make payments to their subcontractors," said GSA Inspector General Carol Fortine Ochoa. "When contractors fail to meet their obligations, we will hold them accountable."
"The FBI takes particular interest in cases where individuals, for their own personal benefit, use deceit and fraud to line their pockets," said Michael T. Gavin, Special Agent in Charge of the Memphis Division of the Federal Bureau of Investigation. "Fraud has a negative and long lasting impact on the community, and the honest and law abiding citizens who are fed up with the likes of those who, motivated merely by greed, violate the law, should be assured by this conviction that the FBI is committed to work closely with its law enforcement partners to vigorously pursue anyone who commits such crimes."
This case was investigated by the General Services Administration, Office of the Inspector General and the FBI.
Assistant U.S. Attorney Tony Arvin prosecuted this case on the government’s behalf.
Georgia Sex Offender Sentenced to 18 Months in Prison for Filing to Register after Moving to PARead the Press Release
ERIE, Pa. - A former resident of Marietta, Georgia, has been sentenced in federal court to 18 months in jail on his conviction of failure to register under SORNA, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on Yecart Treson Brundidge, 25.
According to information presented to the court, Brundidge knowingly failed to update his registration when he traveled from Georgia to Pennsylvania as required by the Sex Offender Registration and Notification Act.
Assistant United States Attorney Christian A. Trabold prosecuted this case on behalf of the government.
United States Attorney Brady commended the United States Marshal’s Service, the Erie Police Department and the Millcreek Township Police Department for the investigation leading to the successful prosecution of Brundidge.
Fort Lauderdale Broker Pleads Guilty for Involvement in $16 Million Precious Metals and SecuritiesRead the Press Release
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, Robert Lasky, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office and Michael J. De Palma, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI) announced that on August 31, 2018, Salvatore Colonna, 69, of Fort Lauderdale, pled guilty to one count of conspiracy to commit wire fraud.
According to the plea documents, from January 2010, through October 2013, Colonna worked as a broker for Liberty International Financial Services and related entities (together, “Liberty”) in Fort Lauderdale, Florida. During that period, Colonna agreed on a scheme with other co-conspirators to obtain money from investors by means of materially false and fraudulent pretenses, including (a) that investors’ money would be used to buy precious metals; (b) that investors would receive substantial dividends on Liberty investments; and (c) that the defendant would only take a five to fifteen percent commission on investments. In truth and in fact, as Colonna knew, Liberty was not using investor money to buy precious metals, Liberty investments would not pay substantial dividends, and the defendant knowingly took commissions on investors’ monies as high as forty percent.
According to the plea documents, from January 2010, through October 2013, investors sent over $16 million in funds to Liberty. Liberty returned only around $3 million to investors. A substantial percentage of the money was used to pay the founders of Liberty and the defendant, who received over $2 million in commissions.
Colonna is scheduled to be sentenced on November 16, 2018 at 1:30 p.m. before U.S. District Judge Beth F. Bloom.
Mr. Greenberg commended the investigative efforts of the FBI and IRS-CI. The case is being prosecuted by Assistant U.S. Attorney Michael N. Berger.
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.
Former Washington University Official Indicted for Embezzling from Medical SchoolRead the Press Release
St. Louis, MO – Barbara “Basia” Skudrzyk, a/k/a Barbara “Basia” Najarro, of St. Louis, was indicted last Thursday on six counts of mail fraud.
The indictment alleges that beginning in May 2010 and continuing through July 31, 2018, Skudrzyk defrauded Washington University in St. Louis, Missouri of in excess of approximately $300,000 through various means. Skudrzyk was employed as the Business Director for the Division of Medical Education at Washington University. On many occasions, Skudrzyk hired contractors and other service providers to perform personal services for her benefit, and at her personal residence. She would then create, submit and approve false invoices and false W-9 tax forms for these contractors and other service providers to make it appear as if they had performed work for the Division of Medical Education when they had not. Skudrzyk approved and processed payment to these contractors and other service providers from Washington University’s funds. Further, Skudrzyk purchased VISA gift cards at the Washington University bookstore, forging another Washington University employee’s signature on the receipts and charging the purchases to the Division of Medical Education. Skudrzyk then used the VISA gift cards for her own personal use, including for purchases at restaurants, a jewelry store, and other retailers. Additionally, Skudrzyk falsified and changed invoices from two different travel companies for airline flights for herself and her family to such places as Krakow, Poland, Munich, Germany, Bangkok, Thailand, Guatemala City, Guatemala, and Toronto, Canada. Skudrzyk submitted, processed and approved these falsified invoices in order to get Washington University to pay for the personal trips.
If Skudrzk is convicted, each charge carries a maximum penalty of 20 years in prison and a $250,000 fine. Restitution to the victim is also mandatory. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
This case is being investigated by the Postal Inspection Service and the Federal Bureau of Investigation with the assistance and cooperation of Washington University. Assistant U.S. Attorney Hal Goldsmith is handling the case for the U.S. Attorney’s Office.
Former Philadelphia Police Officer Sentenced to 24 Months for Sending Hundreds of Threatening Text MessagesRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that Bryan McGraw, 49, of Philadelphia, Pennsylvania, was sentenced today to 24 months’ imprisonment for sending hundreds of harassing text messages over a four-year period.
McGraw, a former member of the Philadelphia Police Department, sent more than 500 harassing text messages to the victim from February 2014 through March 20, 2018. During the four-year time period, the victim was dating a woman that McGraw had been romantically involved with in the past. The anonymous harassing messages included some that were threatening to the victim and to the victim’s minor daughter. McGraw pleaded guilty on May 9, 2018.
“This multi-year campaign of harassment affected innocent victims, including a minor child,” said U.S. Attorney McSwain. “McGraw’s words and actions show a complete lack of respect for the law he once swore to uphold and a lack of concern about the safety of the victims he terrorized. This Office will continue to investigate and prosecute those who weaponize electronic forms of communication to further an illegal purpose.”
“As law enforcement officers we are sworn to protect those we serve,” said Michael T. Harpster, Special Agent in Charge of the FBI's Philadelphia Division. “Officer McGraw did more than fail to live up that commitment. He repeatedly threatened the victim in this case. Today’s sentencing affirms the FBI’s commitment to rooting out corruption at all levels of public service, especially law enforcement.”
In addition to the 24-month prison term, Chief Judge Juan Sánchez ordered McGraw to serve one year of supervised release upon release from prison and to pay a fine of $1,200 and a special assessment of $100.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Albert S. Glenn.
Former Elementary School Music Teacher Is Sentenced to More Than 10 Years for Child PornographyRead the Press Release
CHARLOTTE, N.C. – Today, U.S. District Judge Robert J. Conrad, Jr. sentenced a former elementary school music teacher to 121 months in prison for possession and transportation of child pornography, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina. In addition to the prison term imposed, Judge Conrad ordered Benjamin McMiller, 33, of Charlotte, to serve a lifetime of supervised release and to register as a sex offender after he is released from prison.
Chief Kerr Putney of the Charlotte-Mecklenburg Police Department joins U.S. Attorney Murray in making today’s announcement.
Filed court documents show that on September 20, 2016, McMiller streamed child pornography to another person using Omegle.com (Omegle), a free website where users can video or text chat. According to court records, the child pornography McMiller streamed via Omegle depicted a minor female engaging in sexually explicit conduct with an adult male. Law enforcement identified McMiller’s IP address as the one used to access the website. On November 8, 2016, law enforcement conducted a search of McMiller’s residence and recovered multiple electronic devices, including McMiller’s computer, a USB drive, and an external hard drive, which the defendant initially denied possessing. A forensic examination of McMiller’s devices revealed that the defendant possessed 88 images and 54 videos of child pornography, some of which depicted prepubescent children being sexually abused.
McMiller pleaded guilty to possession and transpiration of child pornography in February 2018. He is currently in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The Charlotte-Mecklenburg Police Department investigated the case. Assistant U.S. Attorney Cortney Randall, of the U.S. Attorney’s Office in Charlotte, was in charge of the prosecution.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat t4he growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Former Director of Rosebud Tribal Ranch Sentenced for EmbezzlementRead the Press Release
Defendant Prosecuted as Part of The Guardians Project
United States Attorney Ron Parsons announced today that a Rosebud woman was sentenced in federal court as a result of her conviction for Embezzlement and Theft from an Indian Tribal Organization. Patricia Elaine Jones, 66, of Rosebud, SD, was sentenced on September 4, 2018, by U.S. Magistrate Judge Mark A. Moreno. Jones was sentenced to 24 months of federal probation. She was ordered to pay approximately $23,000 in restitution.
According to court documents filed in Jones’s case, between April 1, 2015, and March 31, 2016, she willfully and knowingly embezzled, misapplied, and converted to her own use monies, funds, credits, goods, assets, and other property belonging to the Rosebud Sioux Tribe Tribal Ranch, an Indian Tribal Organization.
The investigation was conducted by the Federal Bureau of Investigation and the United States Attorney’s Office. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the United States Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.
For additional information about The Guardians Project, please contact the United States Attorney’s Office at (605)330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.