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Thursday 6 September 2018
Nicaraguan National Pleads Guilty to Illegal Reentry of a Removed AlienRead the Press Release
U.S. Attorney Duane A. Evans announced that PAULO EMILIO OSABAS-MUNGUIA, age 32, a citizen of Nicaragua, was sentenced today after previously pleading guilty to a one-count Bill of Information for illegal reentry of a removed alien, in violation of Title 8, United States Code, Section 1326(a).
According to the court documents, OSABAS-MUNGUIA was found in the United States on or about April 18, 2018, after having been previously removed on August 12, 2009.
United States District Judge Jane Triche Milazzo sentenced OSABAS-MUNGUIA to a term of imprisonment of credit for time served and a mandatory $100 special assessment.
U.S. Attorney Evans praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Michael M. Simpson is in charge of the prosecution.
New York Man Pleads Guilty to CyberstalkingRead the Press Release
ALEXANDRIA, Va. – A New York man pleaded guilty today to cyberstalking victims in the Eastern District of Virginia and Washington, D.C. and to frame them for crimes or workplace violations they had not committed.
According to court documents, over a period of one year, Anthony Caccamo, 27, of Flushing, used identity-masking internet applications to send harassing messages to one of his victims, posing as men with whom the victim had had a consensual sexual relationship. In those messages, Caccamo threatened to hack the victim’s online accounts, leak sensitive personal information, and frame her for crimes she had not committed. On at least one occasion, Caccamo made good on his threat to frame the victim for crimes she had not committed. For example, in June 2017, Caccamo sent a false tip to the Homeland Security Investigations Tipline, alleging that she was involved in narcotics smuggling. Caccamo also created false evidence to convince federal investigators that he, too, was a victim of harassment, and provided false information to federal investigators to make it appear as though a certain DHS employee with a cybersecurity background was responsible for the harassment. Federal investigators ultimately traced the harassing messages to Caccamo’s online accounts and personal devices.
Caccamo pleaded guilty to cyberstalking and faces a maximum penalty of five 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, and John V. Kelly, Acting Inspector General for the Department of Homeland Security (DHS), made the announcement after U.S. District Judge Leonie M. Brinkema accepted the plea. Assistant U.S. Attorneys Laura Fong and Jay V. Prabhu prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-327.
New York Attorney Pleads Guilty to Tax Fraud Related to Multimillion-Dollar Embezzlement from Deceased Client’s EstateRead the Press Release
A New York-licensed attorney and former partner at a New York law firm pleaded guilty today to conspiracy to defraud the United States and tax evasion arising from a scheme to embezzle millions of dollars from a deceased client’s estate, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Geoffrey S. Berman for the Southern District of New York.
“The fiduciary duty that a lawyer owes to a client is paramount to the practice of law,” said Principal Deputy Assistant Attorney General Zuckerman. “The Justice Department will prosecute and seek just punishment against any attorney who victimizes their clients for their own personal gain.”
“As he admitted in court today, Steven Etkind violated the law, the canons of his profession, and the trust of his client by stealing more than $3.5 million from the client’s estate,” said U.S. Attorney Berman. “Etkind now awaits sentencing for his crimes.”
According to court documents and statements made in court, Steven M. Etkind was a partner at a New York law firm’s tax, trusts and estates group and a Certified Public Accountant. Etkind performed legal work for a successful entrepreneur client, who passed away in 2008, naming Etkind as the co-executor of his $35 million estate.
The client’s will directed the creation of two charitable trust private foundations, funded with assets from the client’s estate, for the sole purpose of donating to 501(c)(3) charitable organizations, including those aimed at assisting Jewish-sponsored organizations. Etkind was named co-trustee of these trusts.
Beginning in 2009, Etkind and his co-conspirator set up a phony charitable organization, the United Jewish Education Foundation (UJEF), and used it to steal more than $3.5 million from these charitable trusts. As part of the conspiracy, Etkind directed that donations from the trusts be first made to legitimate Jewish charitable organizations in order to give the disbursements the appearance of legitimate donations. Etkind and his co-conspirator then redirected the funds to accounts of UJEF, the phony charity that his co-conspirator controlled.
Etkind subsequently directed his co-conspirator to write checks, totaling $327,500, to a bank account in the name of JE Capital Holding Corp., a nominee corporate entity that Etkind controlled exclusively. Etkind further directed more than $3 million to be used in 2010 to purchase a 6,300 square-foot home with a swimming pool in Southampton, New York. The Southampton property was purchased for the use and enjoyment of Etkind and his family. Etkind later transferred title of the property to JE Trust, a nominee trust he controlled.
To conceal his embezzlement, Etkind filed, and caused to be filed, fraudulent personal, corporate, and charitable trust returns with the Internal Revenue Service (IRS). During the course of a subsequent audit of UJEF by the IRS Tax Exempt & Government Entities Division, Etkind and his co-conspirator made several false and misleading statements, including about the true ownership of the Southampton Property.
United States District Judge John G. Koelt scheduled Etkind's sentencing for January 18, 2019. Etkind faces a statutory maximum sentence of five years in prison on the conspiracy charge and five years in prison for tax evasion. He also faces a period of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Berman praised the outstanding efforts by special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorneys Jorge Almonte and Jack A. Morgan of the Tax Division, who are prosecuting the case, as well as the IRS’s Tax Exempt & Government Entities Division for their assistance in the investigation.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
New York Attorney Pleads Guilty to Tax Fraud Related to Multimillion-Dollar Embezzlement from Deceased Client’s EstateRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Richard E. Zuckerman, the Principal Deputy Assistant Attorney General for the Tax Division of the Department of Justice, announced that STEVEN M. ETKIND, a New York-licensed attorney and a Certified Public Accountant, pled guilty today to conspiracy to defraud the United States and tax evasion arising from a scheme to embezzle millions of dollars from a deceased client’s estate. ETKIND pled guilty before United States District Judge John G. Koeltl.
Manhattan U.S. Attorney Berman said: “As he admitted in court today, Steven Etkind violated the law, the canons of his profession, and the trust of his client by stealing more than $3.5 million from the client’s estate. Etkind now awaits sentencing for his crimes.”
Principal DAAG Zuckerman said: “The fiduciary duty that a lawyer owes to a client is paramount to the practice of law. The Justice Department will prosecute and seek just punishment against any attorney who victimizes their clients for their own personal gain.”
According to the allegations contained in the Indictment to which ETKIND pled guilty and statements made in court:
ETKIND was a partner at a New York law firm and served as head of the law firm’s Tax, Trusts, and Estates practice group. ETKIND performed legal work for a successful entrepreneur client who, prior to his death in 2008, named ETKIND as co-executor of his $35 million estate.
The client’s will directed the creation of two charitable trust private foundations, funded with assets from the client’s estate, for the sole purpose of donating to 501(c)(3) charitable organizations, including those aimed at assisting Jewish-sponsored organizations. ETKIND was named co-trustee of these trusts.
Beginning in 2009, ETKIND and his co-conspirator set up a phony charitable organization, the United Jewish Education Foundation (“UJEF”), and used it to steal more than $3.5 million from these charitable trusts. As part of the conspiracy, ETKIND directed that donations from the trusts be first made to legitimate Jewish charitable organizations in order to give the disbursements the appearance of legitimate donations. ETKIND and his co-conspirator then redirected the funds to accounts of UJEF, the phony charity that his co-conspirator controlled.
ETKIND subsequently directed his co-conspirator to write checks, totaling $327,500, to a bank account in the name of JE Capital Holding Corp., a nominee corporate entity that ETKIND controlled exclusively. ETKIND further directed more than $3 million to be used in 2010 to purchase a 6,300 square-foot home with a swimming pool in Southampton, New York. The Southampton property was purchased for the use and enjoyment of ETKIND and his family. ETKIND later transferred title of the property to JE Trust, a nominee trust he controlled.
To conceal his embezzlement, ETKIND filed, and caused to be filed, fraudulent personal, corporate, and charitable trust returns with the Internal Revenue Service (“IRS”). During the course of a subsequent audit of UJEF by the IRS Tax Exempt & Government Entities Division, ETKIND and his co-conspirator made several false and misleading statements, including about the true ownership of the Southampton Property.
* * *
ETKIND, 56, of New York, New York, pled guilty to one count of conspiracy to defraud the United States and one count of tax evasion, each of which carries a maximum sentence of five years in prison. As part of the plea agreement, ETKIND agreed to pay restitution in the amount of $1,208,245 to the IRS, which represents the additional tax due and owing as a result of ETKIND’s filing of false individual income tax returns for the 2009 and 2010 calendar years. Sentencing is scheduled for January 18, 2019, before Judge Koeltl.
The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by Judge Koeltl.
Mr. Berman and Mr. Zuckerman praised the outstanding efforts by special agents of IRS Criminal Investigation. Mr. Berman also thanked the U.S. Department of Justice’s Tax Division and the IRS’s Tax Exempt & Government Entities Division for their assistance in the investigation.
This case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Special Assistant United States Attorneys Jorge Almonte and Jack A. Morgan (of the Tax Division) are in charge of the prosecution.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website, https://www.justice.gov/tax.
New London Drug Dealer Sentenced to 5 Years in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that BASHON WHITLEY, 28, of New London, was sentenced yesterday by U.S. District Judge Jeffrey A. Meyer in New Haven to 60 months of imprisonment, followed by four years of supervised release, for trafficking narcotics.
According to court documents and statements made in court, on March 3, 2017, a court-authorized search of a New London apartment connected to Whitely and his uncle, Anthony Whitley, revealed approximately 14 grams of heroin, approximately 27 grams of cocaine, approximately 150 grams of crack cocaine, items used to process and package narcotics for street sale, a .380 caliber semiautomatic handgun, ammunition and $9,180 in cash. Bashon and Anthony Whitley were arrested on state charges at that time.
Bashon Whitley has been detained since his federal arrest on January 24, 2018. On May 30, 2018, he pleaded guilty to one count of conspiracy to possess with intent to distribute heroin, cocaine and 28 grams or more of cocaine base (“crack”).
Anthony Whitley has been detained since his arrest on March 3, 2017. He pleaded guilty to the same charge on July 31, 2018, and awaits sentencing.
This matter has been investigated by the Drug Enforcement Administration, Connecticut State Police Statewide Narcotics Task Force East, and New London Police Department. The case is being prosecuted by Assistant U.S. Attorney Natasha M. Freismuth.
Nashville Woman Sentenced to 42 Months for Drug ConspiracyRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, Chief United States District Judge James C. Dever III sentenced sade shana holland, also known as “SHARDE RICHARDSON,” 27, of Nashville, North Carolina to 42 months imprisonment, followed by 5 years of supervised release.
HOLLAND was named in a six-count Indictment filed on April 3, 2018 charging her with conspiracy to distribute and possess with the intent to distribute twenty-eight (28) grams or more of cocaine base (crack); possession with the intent to distribute and distribution of a quantity of cocaine base (crack); and possession with the intent to distribute and distribution of twenty-eight (28) grams or more of cocaine base (crack). On June 4, 2018, HOLLAND pled guilty to the conspiracy charge.
According to the investigation, between June 20, 2017 and August 14, 2017, officers utilized a cooperating witness to make six purchases of crack cocaine from HOLLAND. HOLLAND arranged each of the drug purchases and contacted her drug supplier, Equan Dunston, who provided the crack cocaine to HOLLAND for the drug purchases. HOLLAND sold approximately 280 grams of cocaine base (crack) in Spring Hope, NC and Rocky Mount, NC.
Dunston was named in a Criminal Information filed on January 10, 2018 charging him with conspiracy to distribute twenty-eight grams or more of cocaine base (crack) between June 20, 2017 and August 17, 2017 for his role in the conspiracy with HOLLAND. On March 5, 2018, Dunston pled guilty to the single count Criminal Information. On June 4, 2018, Dunston was sentenced to 114 months imprisonment followed by 5 years supervised release.
This case is part of the United States Attorney’s Office’s Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the vioent crime rate, drug trafficking, and crimes against law enforcement.
Investigation of this case was conducted by the Nash County Sheriff’s Office. Assistant United States Attorney Dena King represented the government.
Minnesota Man Pleads Guilty to Stalking and Interstate CommunicationsRead the Press Release
DENVER – Eric Ronald Bolduan, age 43, of Rochester, Minnesota, pled guilty today before U.S. District Court Judge Christine M. Arguello to stalking and interstate communications, U.S. Attorney Bob Troyer and FBI Denver Division Special Agent in Charge Calvin Shivers announced. Bolduan, who appeared at the hearing in custody, was remanded at its conclusion. He is scheduled to be sentenced by Judge Arguello on November 29, 2018.
Bolduan was first charged by Criminal Complaint on October 2, 2017. He was indicted by a federal grand jury in Denver on October 24, 2017. He pled guilty today, September 6, 2018.
According to court documents, Bolduan would download images of the victims, mainly current or former university women athletes from various public internet and social networking sites. He would then find online pornographic images of women who resembled the victim. He would upload the victim’s actual, non-pornographic images alongside the pornographic images of the similar looking female to various pornographic websites. He would include the victim’s name, school and contact information. The purpose was to portray the victim as involved in pornography and promiscuous behavior.
The defendant would then email links of those pornographic postings to the victim herself, and to people the victim was associated with, including professors, teammates and family members. Bolduan would then send threatening emails to the victim, discussing how he was stalking her with the ultimate plan to rape, torture and kill her.
This case was investigated by the FBI. The defendant was prosecuted by Assistant U.S. Attorney Valeria Spencer.
Mexican National Indicted in Southeast Texas KidnappingRead the Press Release
BEAUMONT, Texas – A 21-year-old Mexican national living in Liberty, Texas, has been indicted and charged with federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Juan Carlos Saucedo-Meza was indicted by a federal grand jury today and charged with kidnapping.
According to information presented in court, beginning on Aug. 24, to Aug. 25, 2018, Saucedo-Meza is alleged to have kidnapped a woman from Liberty, Texas and transported her to Lake Charles, LA, against her will. In connection with this incident, Saucedo-Meza is facing charges of aggravated sexual assault and aggravated kidnapping in Jefferson County, Texas; aggravated kidnapping in Liberty County, Texas; and 2nd degree kidnapping in Calcasieu Parish, Louisiana.
If convicted, Saucedo-Meza faces up to life in federal prison.
This case is being investigated by the Jefferson County Sheriff’s Office, the Liberty County Sheriff’s Office, the Lake Charles Police Department, and the Jefferson County District Attorney’s Office. This case is being prosecuted by Assistant U.S. Attorney Christopher T. Tortorice.
It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.
McKees Rocks Man Sentenced to 8 Years in Prison for Supplying Fentanyl that Caused a Woman’s DeathRead the Press Release
PITTSBURGH, PA – A former Allegheny County resident has been sentenced in federal court to a term of imprisonment of 96 months to be followed by six years of supervised release on his conviction of possession with intent to distribute controlled substances, United States Attorney Scott W. Brady announced today.
United States District Court Judge Cathy Bissoon imposed the sentence on Michael Smith, age 30, formerly McKees Rocks, Pennsylvania.
According to the information presented to the court, in November of 2016, the Pittsburgh Bureau of Police was investigating the fatal overdose death of a 31-year-old woman that had been caused by fentanyl. Smith was identified as the individual who supplied the fentanyl that caused the young woman’s death. A search warrant was later executed on Smith’s residence and he was found to be in possession of fentanyl, crack cocaine and heroin. Smith admitted to selling the drugs that caused the victim’s death.
Assistant United States Attorney Shanicka L. Kennedy prosecuted this case on behalf of the government.
The Pittsburgh Bureau of Police and the Federal Bureau of Investigation conducted the investigation leading to the Indictment in this case.
Massachusetts State Trooper Indicted in Overtime Abuse InvestigationRead the Press Release
BOSTON – A retired Massachusetts State Police Trooper was indicted today by a federal grand jury in connection with the ongoing investigation of overtime abuse at the Massachusetts State Police (MSP).
Daren DeJong, 56, of Uxbridge, was indicted on one count of with embezzlement from an agency receiving federal funds. DeJong was previously charged by a criminal complaint and arrested on July 25, 2018.
According to court documents, DeJong, who is currently retired, was a Trooper assigned to Troop E, which is responsible for enforcing criminal law and traffic regulations along the Massachusetts Turnpike, Interstate I-90. DeJong allegedly received overtime pay for hours that he either did not actually work at all, or shifts in which he departed one to seven hours early.
The alleged conduct involves overtime pay for selective enforcement initiatives, including the Accident and Injury Reduction Effort program (AIRE) and the “X-Team” initiative. Both initiatives are intended to reduce accidents, crashes, and injuries on I-90 through an enhanced presence of MSP Troopers and targeting vehicles traveling at excessive speeds. DeJong was required to work the entire duration of the shifts – either four or eight hours – and truthfully report the date, time and sector of deployment on the citations issued during the shift. As alleged, DeJong concealed the fraud by submitting citations that were issued prior to the overtime shift, altered the citations to create the appearance that citations were issued during the overtime shift, and/or submitted citations that were never issued and never took place.
Trooper DeJong earned $200,416 in 2016, which included approximately $68,394 in overtime, of which more than $14,000 was attributable to AIRE and X-Team shifts that DeJong either left early or did not show up for.
In 2015 and 2016, MSP received annual benefits from the U.S. Department of Transportation in excess of $10,000, which were funded pursuant to numerous federal grants.
On June 27, 2018, former Lieutenant David Wilson, 57, of Charlton; suspended Trooper Gary Herman, 45, of Chester; and former Trooper Paul Cesan, 50, of Southwick, were arrested and charged with the same crime. On July 2, 2018, former Trooper Gregory Raftery, 47, of Westwood pleaded guilty and on Aug. 17, 2018, suspended Trooper Kevin Sweeney, 40, of Braintree, was charged and agreed to plead guilty.
The charge of theft of government funds provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Douglas Shoemaker, Special Agent in Charge of the U.S. Department of Transportation’s Office of Inspector General made the announcement today. Assistant U.S. Attorneys Dustin Chao and Mark Grady of Lelling’s Public Corruption Unit and Neil Gallagher of Lelling’s Economic Crimes Unit are prosecuting the case.
Maryland Man Sentenced to Prison Term on Manslaughter Charge in 2015 KillingRead the Press Release
WASHINGTON – Milkiyas Bayisa, 27, of Silver Spring, Md., was sentenced today to a 66-month prison term on an involuntary manslaughter charge stemming from the killing of a man in Northwest Washington, U.S. Attorney Jessie K. Liu announced.
Bayisa was found guilty of the charge in May 2018, following a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Judith Bartnoff. Following his prison term, he will be placed on five years of supervised release.
According to the government’s evidence, in the early morning hours of Aug. 22, 2015, both Bayisa and the victim, Kassahun Edo, were with their respective friends at the Peace Lounge, in the 2600 block of Georgia Avenue NW. Bayisa frequented the lounge; Mr. Edo, 35, was visiting the Washington, D.C. area from Texas to attend a wedding. At approximately 3 a.m., as Peace Lounge was closing, patrons were spilling out of the club onto Georgia Avenue. As Mr. Edo and two of his friends walked down nearby Fairmont Street, Bayisa was acting aggressively towards a group of young women. Mr. Edo approached him. Suddenly, without warning or provocation, Bayisa aggressively cocked his right arm back, made a fist and viciously punched Mr. Edo once in the left jaw/head area. Mr. Edo’s body immediately crumpled, and he fell backwards onto the pavement. He never regained consciousness and died the next day. Bayisa was arrested on Aug. 27, 2015.
In announcing the sentence, U.S. Attorney Liu commended the work of those who investigated the case from the Metropolitan Police Department. She also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Kelly Blakeney, Deborah Joyner, Lashone Samuels, and Ethel Noble; Victim/Witness Advocate Jennifer Clark; Victim/Witness Service Coordinators La June Thames and Katina Adams-Washington; Investigative Analyst Zachary McMenamin and Litigation Technology Specialists Anisha Bhatia, Leif Hickling, and Kimberly Smith. Finally, she expressed appreciation for the work of Assistant U.S. Attorney Silvia Gonzalez Roman who investigated and indicted the case, and Assistant U.S. Attorneys Nebiyu Feleke and Charles Willoughby, Jr., who prosecuted the case at trial.
Managing Director of A Broker-Dealer Pleads Guilty to Participating in a $86 Million Market Manipulation SchemeRead the Press Release
Earlier today, in federal court in Brooklyn, Michael Morris, a registered broker and managing director of Halcyon Cabot Partners, Ltd. (“Halcyon”), pleaded guilty to one count of conspiracy to commit securities fraud for his participation in an $86 million market manipulation scheme involving the publicly traded company CodeSmart Holdings, Inc. (“CodeSmart”), which traded under the ticker symbol ITEN. The proceeding was before United States District Judge Eric N. Vitaliano.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the guilty plea.
In early May 2013, Morris’s co-conspirators engineered a reverse merger of CodeSmart, a private company, with a public shell company. After gaining control of CodeSmart’s three million purportedly unrestricted shares, Morris and his co-conspirators fraudulently inflated CodeSmart’s share price and trading volume, and then sold their shares at a profit when the price reached desirable levels—a scheme commonly referred to as a “pump and dump.” The first pump and dump occurred between approximately May 13, 2013 and August 21, 2013. During this period, Morris’s co-conspirators manipulated CodeSmart’s stock price by raising it from $1.77 to a high of $6.94, before causing it to drop to $2.19. The second pump and dump occurred between approximately August 21, 2013 and September 20, 2013. During this period, Morris and his co-conspirators manipulated CodeSmart’s stock price by raising it from $2.19 to a high of $4.60, before causing it to drop to $2.13.
On July 12, 2013, when CodeSmart’s inflated share price was at its highest, CodeSmart’s market capitalization was $86,347,800. However, that same day, CodeSmart filed with the U.S. Securities and Exchange Commission an amended Form 10-K, in which it listed only $6,000 in total assets, $7,600 in revenue, and a net loss of $103,141. By December 30, 2013, CodeSmart’s stock was trading at merely $0.66 per share and, on July 9, 2014, its stock closed at $0.01 per share.
When sentenced, Morris faces a maximum of five years in prison.
The government’s case is being handled by the Office’s Business and Securities Fraud Section. Assistant United States Attorneys Shannon C. Jones, Patrick T. Hein and Mark Bini are in charge of the prosecution with assistance provided by Assistant United States Attorney Claire Kedeshian of the Office’s Civil Division, which is responsible for the forfeiture of assets.
The Defendant:
MICHAEL MORRIS
Age: 65
Residence: Merrick, New YorkE.D.N.Y. Docket No. 14-CR-399 (S-2) (ENV)
MS-13 Member Sentenced to 23 Years in Prison for Role in 2015 MurderRead the Press Release
BOSTON – An MS-13 member was sentenced today in federal court in Boston on charges of racketeering conspiracy involving murder.
Oscar Noe Recinos Garcia, a/k/a “Psycho,” 24, a Salvadoran national, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 23 years in prison and five years of supervised release. Recinos Garcia will be subject to deportation upon the completion of his sentence. In March 2018, Recinos Garcia pleaded guilty to RICO conspiracy and being an alien in possession of a firearm and ammunition.
Recinos Garcia was a member of the Everett Locos Salvatrucha, or ELS clique, of MS-13. On behalf of MS-13, Recinos Garcia engaged in racketeering activity, which included involvement in the murder of a teenager who was associated with MS-13 and wrongly suspected by the gang of cooperating with law enforcement. On July 5, 2015, the victim was murdered in Lawrence by Josue Alexis De Paz, a/k/a “Gato,” and Manuel Diaz Granados, a/k/a “Perverso.” Evidence showed that Recinos Garcia and others were involved in planning the murder and shared the intent to have the victim killed.
Recinos Garcia, De Paz, and Diaz Granados were arrested on July 8, 2015, in Somerville in a raid that resulted in the recovery of a firearm, several large knives, photographs of MS-13 members flashing gang signs, and a large volume of MS-13 paraphernalia, including blue and white hats, bandanas and rosary beads. Recinos Garcia was also charged with possession of the firearm seized on that day.
Recinos Garcia is one of 49 defendants who have been convicted as part of this ongoing prosecution. Sixteen of those defendants have been held responsible for murder. 40 of the 49 convictions, including Vasquez, were the result of guilty pleas prior to trial. Nine other defendants were convicted after trial.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Gross; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement today.
Lawrence Man Charged with Identity TheftRead the Press Release
BOSTON – A Lawrence man was arrested yesterday and charged in federal court in Boston with one count of passport fraud and one count of aggravated identity theft.
According to court documents, “John Doe,” whose true identity and age are presently unknown, applied for a passport at a Lawrence Post Office in November 2014, purporting to be a U.S. citizen. On the application, he represented that the name, Social Security number, and date of birth of a Puerto Rican man were his. The defendant supported the application with a Puerto Rican birth certificate and Massachusetts driver’s license in the name of the U.S. citizen. It is further alleged that the defendant committed aggravated identity theft in connection with the passport application.
The charge of aggravated identity theft provides for a mandatory sentence of two years in prison, to be served consecutive to any other sentence imposed, up to one year of supervised release and a fine of up to $250,000. The charge of passport fraud provides for no greater than 10 years in prison, three years of supervised released, and a fine of up to $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 William B. Gannon, Special Agent in Charge of the U.S. Department of State’s Diplomatic Security Service, Boston Field Office, made the announcement today. Assistant U.S. Attorney Elianna Nuzum of Lelling’s Major Crimes Unit 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.
Las Vegas Man Charged with Interfering with Flight Crew and AttendantsRead the Press Release
United States Attorney Joe Kelly announced an initial appearance before Magistrate Judge Cheryl R. Zwart was held today for Maurice J. Paola, age 23, of Las Vegas, Nevada. Paola was recently charged by criminal complaint with one count of interfering with flight crew members and attendants which occurred on or about September 3, 2018. The penalty for the charged offense is a maximum of 20 years’ imprisonment, a $250,000 fine, and three years of supervised release. Paola will next appear before Magistrate Judge Zwart at 2:00 p.m. on Monday, September 10, 2018, for a detention hearing.
The case was investigated by the Federal Bureau of Investigation.
Kansas Man Arrested and Charged with Murdering Girlfriend on Board Cruise ShipRead the Press Release
A Topeka, Kansas man made his initial appearance earlier today on an indictment charging him with murdering a woman on board a cruise ship in January 2018. Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Stephen R. McAllister of the District of Kansas and Special Agent in Charge Charles P. Spencer of the FBI Jacksonville, Florida Field Office made the announcement.
Eric Newman, 53, was charged with murder in the second degree. The initial appearance was held before U.S. Magistrate Judge Ross A. Walters.
The indictment alleges that on or about Jan. 19, Newman was travelling on board the Carnival Elation, a foreign vessel registered in Panama, on a voyage with both a scheduled departure from and arrival in Jacksonville, Florida. During the voyage, Newman is alleged to have killed Tamara Tucker, 50, of Lawson, Missouri.
A detention hearing is scheduled for Sept. 12.
An indictment is merely an allegation. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The investigation was conducted by the FBI Jacksonville Field Office with the assistance of the FBI Topeka Field Office. The case is being prosecuted by Trial Attorney Rami S. Badawy of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Christine E. Kenney of the District of Kansas.
Jury Returns Carjacking ConvictionRead the Press Release
OKLAHOMA CITY – Today a jury convicted RUFUS LOU NELSON, JR., 34, of four felonies: being a felon in possession of ammunition, carjacking, kidnapping, and using and discharging a firearm during a crime of violence.
On August 7, 2018, a federal grand jury returned a four-count superseding indictment against Nelson, also known as Rufus H. Nelson and Ruffies Harold Nelson, Jr. The indictment concerns events on July 5, 2016, when Nelson was alleged to have used force, violence, and intimidation to take a 2012 Ford Taurus from a woman who suffered serious bodily injury.
Nelson’s jury trial began on Tuesday, September 4. The evidence showed that Nelson forced a woman at gunpoint to drive from Edmond to the south side of Oklahoma City. While she was driving on Interstate 240 between May Avenue and Pennsylvania Avenue, Nelson shot her in the head. She survived but is now permanently blind. After she got out of the car and onto the median, two Good Samaritans stopped to provide medical assistance and called 911. Oklahoma Highway Patrol officers found Nelson approximately one hour later under the overpass at I-240 and Pennsylvania Avenue.
At sentencing, Nelson could be sentenced to life in prison for kidnapping. The carjacking conviction could result in up to twenty-five years in prison. The conviction for being a felon in possession of ammunition could lead to a ten-year sentence. And the conviction for using and discharging a firearm during a crime of violence triggers a sentence of at least ten years and up to life, in addition to five years of supervised release. The last sentence would be in addition to any sentence imposed on the other three counts. Each count also carries a maximum fine of $250,000.
Nelson remains in custody and will be sentenced in approximately 90 days.
This case is the result of an investigation by the Oklahoma City Police Department, the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Oklahoma Highway Patrol, with assistance from the Oklahoma County District Attorney’s Office and the Oklahoma State Bureau of Investigation. Prosecuted by Assistant U.S. Attorneys Mark R. Stoneman and Brandon T. Hale, the case is part of Project Safe Neighborhoods, a Department of Justice program to reduce violent crime. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of Project Safe Neighborhoods and directed U.S. Attorney’s Offices to develop crime-reduction strategies that incorporate lessons federal law enforcement has learned since the program’s launch in 2001.
Reference is made to court filings for further information.
Jackson Man Sentenced to over Four Years in Federal Prison under Project EJECTRead the Press Release
Jackson, Mississippi – Jeremy Jerome Fletcher, 28, of Jackson, was sentenced today by United States District Judge Tom S. Lee, to 51 months in federal prison, followed by three years of supervised release, for possession of a firearm by a convicted felon, announced U.S. Attorney Mike Hurst and Special Agent in Charge Christopher Freeze with the Federal Bureau of Investigation (FBI).
On or about December 13, 2017, officers of the Jackson Police Department conducted a traffic stop on Highway 80 near Valley Street in Jackson, Mississippi, of a vehicle occupied by three (3) individuals. The front seat passenger was Jeremy Jerome Fletcher. Upon running a check, it was determined that the driver had active warrants out of Carroll County and both Fletcher and the rear passenger had warrants for traffic violations. All were arrested and an inventory of the vehicle revealed a loaded .22 caliber revolver inside a yellow towel underneath the front passenger seat. Fletcher gave a confession that the .22 caliber revolver was his. He further stated he purchased it approximately one month prior for $65.00.
Fletcher was previously convicted of robbery in 2017 in the Circuit Court of Rankin County, Mississippi. He was on probation at the time of this offense.
This case was investigated by the Federal Bureau of Investigation with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant U.S. Attorney Keesha D. Middleton.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime in Jackson through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Jackson Expel Crime Together." PSN is a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Heroin and Crack Cocaine Trafficker Pleads Guilty to ConspiracyRead the Press Release
NORFOLK, Va. – A Chesapeake man pleaded guilty today to conspiring to manufacture and deal heroin and crack cocaine throughout Hampton Roads.
“Armed drug traffickers pose serious threats to the safety of our communities,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “This investigation and prosecution would not have been possible absent the critical partnerships we have formed with our local and federal law enforcement partners. My thanks to the Norfolk Police Department and the ATF for their outstanding work on this case.”
According to court documents, Anthony Covil, 33, was a member of a drug-trafficking organization based in Chesapeake and in the past few years was responsible for distributing at least 700 grams of heroin, at least two kilograms of crack cocaine, and at least four kilograms of powder cocaine. According to witnesses, Covil carried guns during some of those drug deals. Norfolk police officers arrested him during a March 2018 and recovered two bags of heroin, two bags of cocaine, 10 bags of MDMA, one bag of marijuana, and $300. During a recorded post-arrest interview, Covil confessed to dealing drugs and to serving as a heroin source of supply.
“This individual had little to no regard for the safety and welfare of others,” said Thomas L. Chittum, III, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division. “ATF and its partners work tirelessly to protect our citizens and remove these violent offenders from our streets. We are committed to this task and will continue to pursue those who would disrupt our communities and harm our citizens.”
Covil pleaded guilty to conspiracy to manufacture, distribute, and possess with intent to distribute 100 grams or more of heroin and 28 grams or more of crack cocaine. He faces a mandatory minimum of five years and a maximum of 40 years in prison when sentenced on December 10. 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, and Thomas L. Chittum, III, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after U.S. District Judge Raymond A. Jackson accepted the plea. Assistant U.S. Attorneys William B. Jackson and Kevin M. Comstock are prosecuting the case.
The Norfolk Police Department provided significant assistance in 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. 2:18-cr-133.
Henderson Man Sentenced for Felon in Possession of Firearm ChargeRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, HYKEEM HENDERSON, 27, of Henderson, North Carolina, was sentenced by Chief United States District Judge James C. Dever III to 42 months imprisonment followed by 3 years of supervised release.
HENDERSON was named in a one-count Indictment on December 20, 2017. On May 29, 2018, HENDERSON pled guilty to felon in possession of a firearm.
On June 1, 2017, officers with the Henderson Police Department conducted a traffic stop on a vehicle due to expired registration. Officers were told by one occupant that he had smoked marijuana prior to the stop. During the search of the vehicle, officers located a firearm along with a holster under the passenger seat. HENDERSON claimed ownership of the firearm. During further investigation, HENDERSON was found to be a convicted felon.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case is part of the Take Back North Carolina Initiative of the United States Attorney’s Office. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Henderson Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney S. Katherine Burnette handled the prosecution of this case for the government.
Guatemalan National Sentenced with Illegal ReentryRead the Press Release
U.S. Attorney Duane A. Evans announced that PEDRO BRITO-MARCOS age 22, a citizen of Guatemala, was sentenced by United States District Court Judge Susie Morgan after previously pleading guilty to a one-count Bill of Information for illegally re-entering the United States in violation of Title 8, United States Code, Section 1326(a).
According to the Bill of Information, PEDRO BRITO-MARCOS was found in the United States on or about March 8, 2018, after having been previously removed therefrom on or about January 19, 2018.
PEDRO BRITO-MARCOS was sentenced to time served and a $100.00 special assessment.
U.S. Attorney Evans praised the work of the United States Department of Homeland Security, Immigration and Customs Enforcement in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
Guatemalan National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON - A Guatemalan national was sentenced yesterday in federal court in Boston for illegally reentering the United States after being deported.
Ariel Humberto Diaz, 27, a Guatemalan national formerly residing in Framingham, was sentenced by U.S. District Court Judge William G. Young to eight months in prison and three years of supervised release. Humberto Diaz will be subject to deportation upon completion of his sentence. In May 2018, Humberto Diaz pleaded guilty to one count of illegal reentry of a deported alien.
On Feb. 4, 2018, law enforcement officers encountered Humberto Diaz and determined him to be illegally present in the United States. Humberto Diaz was previously deported on April 13, 2016.
United States Attorney Andrew E. Lelling and Todd Lyons, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Major Crimes Unit prosecuted the case.
Guard at Federal Transfer Center Charged with Taking Bribes to Smuggle DrugsRead the Press Release
OKLAHOMA CITY – GABRIEL ORTIZ, 36, of Oklahoma City, has been charged with taking bribes while serving as a Correctional Officer at the Federal Transfer Center.
According to an affidavit in support of a criminal complaint filed in federal court on September 5, 2018, the Department of Justice Office of the Inspector General (DOJ-OIG) learned on August 23, 2018, that Ortiz may have been smuggling marijuana and tobacco into the Federal Transfer Center, a Bureau of Prisons facility in Oklahoma City. The affidavit alleges that emails between inmates and their associates referenced sending Western Union wire transfers to an individual associated with Ortiz.
The affidavit further explains that undercover investigators with DOJ-OIG and the Fort Worth Police Department contacted Ortiz and confirmed his willingness to deliver contraband to a Federal Transfer Center inmate. On September 3, 2018, according to the criminal complaint, Ortiz delivered to that inmate 20 strips that later tested positive for amphetamines in exchange for $1,000 via Walmart-to-Walmart transfer. According to the complaint, the next day, when Ortiz had not received payment for delivering contraband to the inmate, he texted an undercover officer that "if things don’t get squared away by this evening I’m gonna have to put the word out that he has a debt and it won’t be good for him."
Federal law enforcement arrested Ortiz on September 4, 2018. He made his initial appearance on September 5 before U.S. Magistrate Judge Gary M. Purcell.
If Ortiz were to be convicted of bribery, he could be imprisoned for up to fifteen years, followed by up to three years of supervised release, and fined up to $250,000.
These charges are the result of an investigation by the Department of Justice Office of the Inspector General, the FBI, and the Fort Worth Police Department. Assistant U.S. Attorney Jessica L. Perry is prosecuting the case.
The public is reminded that this charge is merely an allegation and that Ortiz is presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to public filings for further information.
Greenville Man Sentenced for Felon in Possession of Firearm OffenseRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, PRESTON BULLOCK, 40, of Greenville, North Carolina, was sentenced by Chief United States District Judge James C. Dever III to a total of 84 months imprisonment followed by 3 years of supervised release.
BULLOCK was named in a one-count Indictment on January 10, 2018. On May 29, 2018, BULLOCK pled guilty to felon in possession of a firearm.
On June 11, 2017, officers with the Pinetops Police Department in Pinetops, North Carolina received a call regarding a domestic dispute with a female and BULLOCK. The female said BULLOCK had threatened her with a firearm. When officers arrived at the home, BULLOCK was observed running down the street and hiding next to an occupied car. Officers approached the vehicle, spoke with the occupants in the vehicle, instructed them to exit. BULLOCK placed a handgun inside his waistband. BULLOCK was then arrested.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case is part of the United States Attorney’s Office’s Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Pinetops Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney S. Katherine Burnette handled the prosecution of this case for the government.
Glastonbury Man Sentenced to Prison for Conspiracy and Tax Offenses Related to Kickback SchemeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JAVED CHOUDHRY, 60, of Glastonbury, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to eight months of imprisonment, followed by four months of home confinement and three years of supervised release, for conspiracy and tax offenses related to a kickback scheme.
According to court documents and statements made in court, CHOUDHRY was employed by a construction company based in Stamford. Between 2011 and 2014, CHOUDHRY received between $250,000 and $500,000 in cash kickbacks from construction contractors in exchange for steering them millions of dollars in contracts on construction projects in Stamford.
In addition, CHOUDHRY failed to report to the Internal Revenue Service most of the income he received through the kickback scheme.
As part of his sentence, CHOUDHRY is required to pay back taxes of approximately $47,500, plus interest and penalties.
On May 16, 2017, CHOUDHRY pleaded guilty to one count of conspiracy to commit wire fraud and one count of filing a false tax return.
This investigation is being conducted by the Federal Bureau of Investigation and Internal Revenue Service – Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Four-Time Baltimore Felon Sentenced to 19 Years in Federal Prison for Series of Armed RobberiesRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced William McFadden, age 33, of Baltimore, to 19 years in prison, followed by three years of supervised release, for robbing a gas station in Greenbelt, Maryland, and for using, carrying, and brandishing a firearm during the robbery. McFadden pleaded guilty to those charges on July 9, 2018, just before his trial was scheduled to begin.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation.
According to the indictment and information presented to the Court, during October and November 2015, McFadden and two other men, either together or in pairs, robbed seven businesses in Maryland and Virginia, including five gas stations, a food store, and a check cashing store. In each of the robberies either McFadden or one of the other men brandished a handgun and took cash from the business. In the robbery of the food store, McFadden dropped a mask that contained both his and a co-conspirator’s DNA profile. Furthermore, McFadden is seen on video holding a handgun that was similar to a handgun recovered from McFadden’s car after the robbery on November 22nd.
Specifically, McFadden admitted that on November 22, 2015 he drove a co-conspirator to a gas station in Greenbelt in order to rob the gas station. The co-conspirator entered the store wearing a black jacket and a ski mask, pointed a gun at the clerk and demanded money. The cashier placed approximately $400 in the bag provided by the co-conspirator. McFadden and the co-conspirator drove away from the gas station and were stopped by law enforcement in Baltimore City. Officers recovered the cash, ski mask and other identifying clothing, as well as a loaded.45-caliber automatic pistol.
McFadden is prohibited from possessing a firearm or ammunition as a result of convictions for three previous armed robberies and another robbery. He was also convicted of assaulting a correctional officer while in prison.
Co-defendants Marcus Cureton, age 34, and Taeqwon Prater, age 25, both of Baltimore, previously pleaded guilty to their roles in the robbery conspiracy and were each sentenced to 15 years in prison.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
United States Attorney Robert K. Hur commended the FBI for its work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Patricia C. McLane and Lauren E. Perry, who prosecuted the case.
Former YWCA Childcare Director Sentenced to 15 Months in Prison for Stealing from Non-profit EmployerRead the Press Release
BIRMINGHAM – A federal judge today sentenced a former YWCA childcare director to 15 months in prison for stealing nearly $200,000 from the non-profit over several years, announced U.S. Attorney Jay E. Town and U.S. Secret Service Special Agent in Charge Michael Williams.
U.S. District Judge Abdul K. Kallon sentenced RIKKI ROSS, 38, of Hoover, on one count of federal program fraud for stealing from an agency that received more than $10,000 in federal benefits annually between 2012 and 2017 through grants or other assistance. Ross pleaded guilty to the charge in April. She must report to prison Nov. 6.
The judge also ordered Ross to forfeit $198,597 to the government as proceeds of illegal activity, and to pay that same amount in restitution to the Young Women’s Christian Association of Central Alabama. Ross will remain on supervised release for three years following completion of her prison term.
“For 115 years, the YWCA has provided services to our community, including much needed childcare services for families in need. The parents trusted this defendant to provide a safe environment for their children,” Town said. “Ms. Ross betrayed the trust of the parents and the YWCA. Her deliberate theft from low-income working families and from a non-profit agency dedicated to helping young women and families in need is reprehensible. A federal prison cell awaits her.”
“The defendant in this case was self-centered and egotistical to take advantage of the most vulnerable in our society,” Williams said. “It’s gratifying for law enforcement when we are able to investigate white-collar criminals and bring individuals like Ms. Ross to justice.”
The YWCA of Central Alabama is a non-profit organization headquartered in Birmingham. The YWCA focuses on providing quality child development programs for children of homeless and working poor families, affordable housing, domestic violence services and social justice programming.
Ross worked as director of the YWCA Child Development Center from August 2010 until she resigned in 2017, according her plea agreement with the government.
As part of Ross’ job as the YWCA’s childcare director, she was responsible for processing credit and debit card payments from parents for childcare services. The YWCA CDC uses Square to process debit and credit card payments. Square is a point-of-sale provider that works in conjunction with the user’s smartphone or tablet device. The Square reader is a small removable magnetic stripe reader that plugs into the headset jack or Lightning port of a smartphone or tablet.
The YWCA CDC utilized a Square account named “YWCA Child Development Center.” The YWCA authorized Ross to use that account to process payments for childcare services provided at the YWCA. In April 2012, Ross created a Square account of her own and named it “YWCA CDC,” according to her plea. She linked the YWCA CDC account to her personal Regions Bank account.
Ross used the fraudulent Square account to charge parents and guardians for childcare services at the YWCA center, according to her plea. Between April 2012 and August 2017, Ross stole more than $190,000 intended as payment for childcare services at the YWCA.
The Secret Service investigated the case in conjunction with the Birmingham Police Department. Assistant U.S. Attorney Robin Beardsley Mark prosecuted the case.
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Former State Senator Sentenced on Conspiracy and Theft ChargesRead the Press Release
Former state senator Bertram C. Johnson, 44, of Highland Park, was sentenced today to 90 days in prison, followed by two years of supervised release with 90 days of home confinement and 480 hours of community service, and over $23,000 in restitution, after having pleaded guilty to conspiracy to commit theft from a federally funded program, announced United States Attorney Matthew Schneider.
Joining Schneider in the announcement were Timothy R. Slater, Special Agent in Charge, Detroit Division of the FBI and Manny Muriel, Special Agent in Charge of the Internal Revenue Service-Criminal Investigation.
Johnson had previously pled guilty in March 2018 before United States District Judge Matthew F. Leitman. During his guilty plea, Johnson admitted that from March 2014 through January 2, 2015, he employed an unnamed co-conspirator as a community liaison, certifying her bi-weekly timesheets thereby causing the State of Michigan to pay the individual for work she did not actually complete. The indictment alleges that Johnson borrowed thousands of dollars in cash from the unnamed co-conspirator, and placed this “ghost employee” on the public payroll solely to pay off Johnson’s personal loan debt, and that the ghost employee was paid over $23,000 in taxpayer money.
“Public officials, especially those elected by the people, cannot treat the people’s money as their own,” stated United States Attorney Schneider. “The defendant in this case treated taxpayer money as his own, to repay his personal debt. Such an egregious abuse of power will not be tolerated.”
“The FBI, along with our law enforcement partners, will continue to aggressively pursue public officials who engage in criminal conduct at taxpayer expense,” stated Timothy R. Slater, Special Agent in Charge of the FBI Detroit Field Office. “As demonstrated by the criminal actions in this case, the defendant put his own selfish interests above those he served. We ask that anyone with information regarding similar actions by any public official contact the FBI or FBI Detroit.”
“Senator Johnson made a conscious decision to violate the trust and confidence of the constituents that he was elected to represent,” stated Special Agent in Charge Manny J. Muriel, IRS Criminal Investigation. “As today’s sentencing shows, IRS-CI, along with our law enforcement partners will continue to hold those who use fraud and deceit to line their pockets by stealing from our nation’s taxpayers accountable.”
This case was investigated by agents of the FBI and IRS-CI. This case is being prosecuted by Assistant United States Attorneys J. Michael Buckley and Frances Lee Carlson.
Former Senior Living Facility Resident Sentenced to 5 Years of Probation and a $10,000 Fine for Possession of RicinRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Betty Miller, 71, formerly of Shelburne, Vermont, was sentenced today by the Honorable Christina Reiss to a term of five years of probation, including extensive mental health treatment, following her plea to knowingly possessing ricin in violation of 18 U.S.C. §175b(c). The Court also imposed a $10,000.00 fine. Miller pled guilty in May 2018 pursuant to an agreement between the parties. Under that agreement, Miller acknowledged producing, storing and attempting to use ricin at her former senior living facility in the fall of 2017.
U.S. Attorney Christina Nolan offered thanks to the F.B.I., Shelburne Police Department, Shelburne Fire Department, Vermont State Police, Vermont Hazardous Material Response Team, and Vermont National Guard 15 Civil Support Team for their swift and tireless efforts to ensure the safety of the community following the discovery of the ricin at issue in this case.
AUSA Eugenia A. P. Cowles appeared for the government. Ms. Miller was represented by Paul S. Volk, Esq.
Former High-Ranking Louisiana Army National Guardsman Sentenced to Probation After Previously Pleading Guilty to Making False StatementsRead the Press Release
U.S. Attorney Duane A. Evans announced today that RANDY M. KILEY, SR., 64, of Baton Rouge, Louisiana, a former Sergeant Major in the Louisiana Army National Guard, was sentenced today to one year probation and restitution in the amount of $23,703.00 by United States District Court Judge Jane Triche Milazzo, after previously pleading guilty to Count 3 of the Indictment charging him with making a false statement to federal government.
According to court documents, KILEY misrepresented his marital status to the Louisiana Army National Guard to receive increased Basic Allowance for Housing and Family Separation Allowance pay. Specifically, KILEY knowingly submitted false documents to receive pay to which he was not entitled.
In or about July 2005, KILEY and his former spouse divorced, and KILEY failed to immediately notify officials at the Louisiana Army National Guard of the change in his marital status as required. In or about November 2012, KILEY submitted forms requesting Basic Allowance for Housing and Family Separation Allowance pay and falsely claimed that he was either married or not divorced. Based on these misrepresentations, which KILEY knew to be false at the time, he received more Basic Allowance for Housing and Family Separation Allowance pay than he was entitled.
U.S. Attorney Duane A. Evans praised the work of the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service in investigating this matter. Assistant U.S. Attorney Julia K. Evans is in charge of the prosecution.
Former CFO of Long Island Real Estate Company Arrested for Multi-Million Dollar Embezzlement SchemeRead the Press Release
A criminal complaint was unsealed today in federal court in Central Islip charging Kwesi T. Bovell with wire fraud during his tenure as chief financial officer of The Mulholland Group, a real estate company located in Manhasset, Long Island (hereinafter Mulholland). The complaint alleges that Bovell stole over $3.5 million from Mulholland during his three years there. Bovell was arrested today, and his initial appearance is scheduled for this afternoon before United States Magistrate Judge A. Kathleen Tomlinson.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the charges.
As alleged in court filings, Bovell had signature authority over multiple bank accounts of Mullholland, and since December 2015, fraudulently transferred more than $3.5 million from those accounts to his own corporate entity, Southgate Holding L.L.C. Bovell used the stolen funds to purchase two homes, including an apartment in Manhattan, and luxury goods. The government’s investigation was prompted, in part, by complaints from Mulholland that between January 2018 and August 2018, Bovell spent approximately $145,000 on unauthorized personal expenditures using Mulholland’s Platinum American Express Card.
“As alleged in the complaint, Bovell abused his authority as a CFO, using the company like an ATM machine to fund a lavish lifestyle,” stated United States Attorney Donoghue. “Today’s arrest should put fraudsters like the defendant on notice that this Office will hold them accountable for such criminal conduct.”
“We all want to win the lottery and live lavish lifestyles. However, Mr. Bovell allegedly decided he would rather just take millions of dollars that wasn’t his, and buy the lifestyle he wanted,” stated FBI Assistant Director-in-Charge Sweeney. “The FBI works tirelessly to track down criminals regardless of how high up the thief sits in a company, and to serve justice on those who believe no one is watching.”
The charges in the complaint are allegations, and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorney Charles P. Kelly is in charge of the prosecution.
The Defendant:
KWESI T. BOVELL
Age: 35
Valley Stream, New York,E.D.N.Y. Docket No. MJ-18-813
Former Arkansas State Senator Sentenced to 220 Months in Federal Prison for Wire Fraud, Mail Fraud and MoneyRead the Press Release
Fayetteville, Arkansas – Former Arkansas State Senator Johnathan Woods was sentenced today to 220 months in prison for organizing and leading a bribery scheme in which state funds were directed to non-profit entities in exchange for kickbacks, many of which were funneled through a consultant’s business, announced U.S. Attorney Duane “DAK” Kees for the Western District of Arkansas, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, FBI Special Agent in Charge Diane Upchurch and IRS Special Agent in Charge Tamera Cantu.
On May 3 2018, a jury found Jonathan E. Woods, 41, of Springdale, Arkansas, guilty of 15 counts, including conspiracy, honest services wire and mail fraud, and money laundering. In addition to his prison sentence, U.S. District Judge Timothy L. Brooks of the Western District of Arkansas sentenced Woods to serve three years of supervised release and ordered Woods to pay $1,621,500.00 in restitution.
“Today’s sentence is the result of very hard work by the assigned Assistant United States Attorneys and the special agents from the IRS and the FBI”, said United States Attorney DAK Kees. “We both respect and appreciate the judgment of the Court and the sentence that Judge Brooks ordered today. This sentence should send a message to the people who would abuse the trust of Arkansas voters and citizens. It should serve as a serious warning to those who would intentionally steal money from taxpayers and use their elected office to both commit and conceal their crimes. As I stated after the jury trial concluded, my office, along with the Criminal Division from the Department of Justice, will continue to investigate, pursue and prosecute public corruption cases in Arkansas in order to ensure the fairness and justice that the people of Arkansas deserve.”
“Jonathan Woods abused his position as an Arkansas State Senator and betrayed the public trust by taking bribes and kickbacks,” said Assistant Attorney General Benczkowski. “This conviction demonstrates the commitment of the Department of Justice and our federal partners to investigate and prosecute public officials who misuse their authority to benefit themselves at the expense of the citizens they pledged to serve.”
"Jonathan Woods violated the public's trust and misused his authority for the purpose of lining his own pockets," said Special Agent in Charge Diane Upchurch with the Little Rock FBI Field Office, "We are proud of the commitment of our partners at the United States Attorney's Office of the Western Division, the IRS, and the Criminal Division's Public Integrity Section."
According to the evidence presented at trial, Woods served as an Arkansas State Senator from 2013 to 2017. Between approximately 2013 and approximately 2015, Woods used his official position as a senator to appropriate and direct government money, known as General Improvement Funds (GIF), to two non-profit entities by, among other things, directly authorizing GIF disbursements and advising other Arkansas legislators – including former State Representative Micah Neal, 43, of Springdale, Arkansas – to contribute GIF to the non-profits. Specifically, Woods and Neal authorized and directed the Northwest Arkansas Economic Development District, which was responsible for disbursing the GIF, to award a total of approximately $600,000 in GIF money to the two non-profit entities. The evidence further showed that Woods and Neal received bribes from officials at both non-profits, including Oren Paris III, 50, of Springdale, Arkansas, who was the president of a college. Woods initially facilitated $200,000 of GIF money to the college and later, together with Neal, directed another $200,000 to the college, all in exchange for kickbacks. To pay and conceal the kickbacks to Woods and Neal, Paris paid a portion of the GIF to a consulting company controlled by Randell G. Shelton Jr., 39, of Alma, Arkansas. Shelton then kept a portion of the money and paid the other portion to Woods and Neal. Paris also bribed Woods by hiring Woods’s friend to an administrative position at the college.
Shelton also was found guilty by a jury on May 3. He was convicted of 12 counts, including conspiracy and honest services wire and mail fraud, and is scheduled to be sentenced on Sept. 6. Paris pleaded guilty on April 5, before Judge Brooks to one count of honest services wire fraud, and he is scheduled to be sentenced on Sept. 12. Neal pleaded guilty on Jan. 4, 2017, before Judge Brooks to one count of conspiracy to commit honest services fraud, and he is scheduled to be sentenced on Sept. 13.
The FBI and IRS Criminal Investigation investigated the case. Trial Attorney Sean F. Mulryne of the Criminal Division’s Public Integrity Section and First Assistant U.S. Attorney Kenneth Elser and Assistant U.S. Attorneys Kyra Jenner and Aaron Jennen of the Western District of Arkansas prosecuted the case.
Florida-Based Broadcasting Company Ordered to Pay $910,700 to Federal Communications CommissionRead the Press Release
WASHINGTON – A federal judge has issued a judgment against Newman Broadcasting, Inc., in the amount of $910,700, for the company’s breach of its contract with the Federal Communications Commission (FCC), U.S. Attorney Jessie K. Liu announced today.
The judgment was issued on Sept. 4, 2018, by the Honorable Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia. It resolves a lawsuit filed in June 2016 by the U.S. Attorney’s Office for the District of Columbia that alleged that Newman Broadcasting and its principal owner had violated the False Claims Act in dealings with the FCC.
Newman Broadcasting, a Lake City, Florida corporation, entered into an agreement with the FCC in which the company agreed to pay the FCC for certain rights to certain radio frequencies, less any bidding credit for which it was eligible. During the bidding and application processes from 2005 through 2007, the company certified it was eligible for a 35% new entrant bidding credit and satisfied all of the requirements. Because Newman Broadcasting was in part controlled by an experienced radio station owner with other stations in the same market, Newman Broadcasting was not eligible for the new entrant bidding credit it received at the time and, therefore, breached its agreement with the FCC.
The defendants’ attempt to have the case dismissed was denied by the court in August 2017 and after discovery, the parties entered into a settlement agreement that included an entry of judgment against Newman Broadcasting, Inc., for its breach of contract with the FCC.
The case was investigated by the FCC Office of the Inspector General, as well as the Enforcement Bureau and the Office of General Counsel for the Federal Communications Commission, and the Department of Justice, and was prosecuted by Deputy Chief Brian P. Hudak, former Assistant U.S. Attorney Beverly Russell, and Assistant U.S. Attorney Wynne P. Kelly of the U.S. Attorney’s Office for the District of Columbia. Investigator Karen Caudill assisted in both the investigation and prosecution of the case.
The case is captioned United States v. Newman Broadcasting, Inc. Case No. 1:16-CV-01169-CKK (D.D.C.).
Fleming County Farmer Indicted for Crop Insurance FraudRead the Press Release
LEXINGTON, Ky. – A Flemingsburg man was indicted today for engaging in crop insurance fraud.
A federal grand jury in Lexington returned a ten-count indictment charging 45-year-old Christopher G. Hickerson with multiple counts of making false statements to influence the Federal Crop Insurance Corporation (“FCIC”) and companies the FCIC reinsures, and two counts of committing a conspiracy to commit an offense against the United States.
The indictment alleges that as early as 2009, Hickerson, an agricultural producer of tobacco, winter wheat, and soybeans in Fleming County, hid his tobacco production from insurance companies, in order to claim damage to his crop sufficient to trigger crop insurance indemnity payments or generate larger indemnity payments, which are funded by the federal government through the FCIC. The indictment also charges Hickerson with two counts of conspiracy to commit crop insurance fraud with the help of others. The first conspiracy count alleges that Hickerson worked with others to obtain false quality adjustments on tobacco presented to graders as belonging to Hickerson, when in fact the tobacco belonged to others, in order to inflate his claim of loss. The second count alleges that Hickerson obtained crop insurance policies in others’ names, in order to take advantage of their new producer status. A new producer may receive a higher guarantee for their crop insurance than an individual who has a history of claiming losses.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Karen Citizen-Wilcox, Special Agent in Charge, United States Department of Agriculture Office of Inspector General; Amy Hess, Special Agent in Charge, Federal Bureau of Investigation; Christopher Altemus, Special Agent in Charge, Internal Revenue Service-Criminal Investigation; and Dwayne Depp, Director, Kentucky Department of Insurance Fraud Investigation Division, jointly announced the indictment.
The investigation preceding the indictment was conducted by the United States Department of Agriculture Office of Inspector General, United States Department of Agriculture Risk Management Agency, Federal Bureau of Investigation, Internal Revenue Service-Criminal Investigation, and Kentucky Department of Insurance. The indictment was presented to the grand jury by Assistant U.S. Attorneys Kathryn M. Anderson and Erin M. Roth.
A date for Hickerson to appear in court has not yet been scheduled. For each charge of making false statements to the FCIC, Hickerson faces up to 30 years in prison and a fine of $1,000,000. For the conspiracy to violate federal law charges, Hickerson faces up to 5 years in prison and a fine of $250,000. However, any sentence following a conviction would be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal statutes.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Five Defendants Admit Their Roles in Overseas Investment ScamsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Gene Foland, 58, Jeffrey G. Klein, 63, Joel Marcus, 79, all of Florida, Saad Shuaib, 49, a citizen of Kuwait, and Walter Tatum, 60, of California, each pleaded guilty before U.S. District Judge Elizabeth A. Wolford to conspiracy to commit wire fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorneys Russell T. Ippolito, Jr. and Paul E. Bonanno, who are handling the case, stated that the defendants participated in a “boiler room” scam that operated in Barcelona, Spain. Members of the conspiracy, working in the Spain boiler room, conned investors in the United Kingdom and Canada into buying nearly worthless shares of restricted stock at severely inflated prices by telling buyers that they were buying more valuable freely traded shares of stock.
Approximately 250 investors lost more than $2,900,000 to the defendants, and a number of other conspirators. A portion of the criminal proceeds were funneled through a bank account in Western New York before being sent to numerous overseas accounts controlled by members of the conspiracy. Foland’s role in the conspiracy was to offer assistance and advice to the managers of the Barcelona boiler room and to procure worthless restricted stock for the boiler room to sell. Klein, an attorney, served as the escrow agent for the fraudulent stock transactions. Marcus, Tatum and Shuaib sold worthless restricted stock to the boiler room conspirators, who then sold the restricted stock to unsuspecting investors as though the stock was the more valuable freely trading stock.
A total of 10 defendants involved in the boiler room scam have been convicted. Charges are pending against two other defendants, including one defendant who is fighting extradition in England. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The pleas are the result of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Kevin Kelly, Special Agent-in-Charge of the Buffalo Office, and the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge.
Sentencings are scheduled for January 15, 2019, before Judge Wolford.
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Farmville Man Sentenced to 60 Months for Drug ConspiracyRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, Chief United States District Judge James C. Dever III sentenced NIKI HOSEA JOYNER, 45, of Farmville, North Carolina to 60 months imprisonment, followed by 5 years of supervised release.
JOYNER was named in an eight-count Indictment filed on January 19, 2018 charging him with conspiracy to distribute and possess with the intent to distribute five hundred (500) grams or more of cocaine. On April 2, 2018, JOYNER pled guilty to the conspiracy charge.
According to the investigation, between December 2015 and February 29, 2016, JOYNER conspired with others and distributed 374.23 grams of cocaine. On February 29, 2016, shortly after selling 123.64 grams of cocaine, officers arrested JOYNER. Subsequent searches of JOYNER, his vehicle, and two residences revealed 1,023.11 grams of cocaine, 126.9 grams of marijuana, and over $6,000 in US currency.
Investigation of this case was conducted by the Greenville Regional Drug Task Force. Assistant United States Attorney Dena King represented the government.
FTC Takes Action against Alabama Operators of Copycat Military WebsitesRead the Press Release
HUNTSVILLE – The Alabama operators of copycat websites army.com and navyenlist.com have agreed to settle Federal Trade Commission charges that they targeted people seeking to join the armed forces and tricked them by falsely claiming to be affiliated with the military in order to generate sales leads for post-secondary schools.
The defendants, including the Huntsville-based companies Sunkey Publishing Inc. and Fanmail.com, LLC, have agreed to relinquish army.com, armyenlist.com and other domain names, and to stop the practices that they allegedly used to deceive consumers.
“We are proud to work with the Federal Trade Commission to ensure that those brave few who served in this nation’s armed forces are not the targets of false and misleading marketing,” said U.S. Attorney Jay E. Town. “Legitimate veterans charities and private veterans programs fill necessary functions for our nation’s heroes. It is our sacred obligation to ensure that those philanthropic efforts are endowed by the virtues of service, not divested of moral and legal standards. My civil and criminal divisions will continue to aggressively engage in uncovering these illegal and deceptive practices.”
FTC Chairman Joe Simons said, “Those who are considering a military career deserve to have confidence that the recruitment site is legitimate and their personal information will not be misused. The FTC will take action against any party in the lead generation ecosystem – from sellers to purchasers – that fails to comply with the law.”
The defendants in the case have used copycat military recruitment websites since at least 2010, according to the FTC’s complaint, which the Department of Justice filed today in U.S. District Court for the Northern District of Alabama on behalf of the commission. Some of the websites, such as army.com and armyenlist.com, appeared to be official recruiting websites affiliated with the U.S. military.
The websites prompted consumers to submit their information in order to learn more about joining the armed forces, according to the FTC. The complaint claims that the defendants promised to use the information consumers submitted to the site only for military recruitment purposes and not to share with anyone else.
Instead, the FTC charged that the defendants sold the information as marketing leads to post-secondary schools for $15 to $40 per lead.
In addition, people who submitted their information allegedly received follow-up phone calls from telemarketers who continued the misrepresentations by posing as members of the military, touting specific schools, and giving consumers the false impression that the U.S. military actually endorsed those schools.
This action is part of the FTC’s effort to combat government imposter schemes, the most frequent type of fraud complaint from military consumers in the FTC's Consumer Sentinel database. It also builds on the agency’s work in the area of lead generation, including its examination of various players involved.
The FTC charged the defendants with violating the FTC Act and the FTC’s Telemarketing Sales Rule (TSR). The agency also alleged that they violated the Do Not Call provisions of the TSR by placing hundreds of thousands of illegal telemarketing calls to phone numbers on the National Do Not Call Registry and by failing to pay required fees.
The two proposed orders settling the FTC’s charges require the defendants to turn over to the FTC websites used to deceive consumers, including army.com and armyenlist.com. Turnover of these websites partially satisfies the civil penalty judgments of $11.1 million against Sunkey and $1 million against Fanmail. The judgments are otherwise suspended due to defendants’ inability to pay; however, if the defendants are later found to have misrepresented their financial condition to the FTC, the full amount of the penalty would become due.
The proposed orders also ban the defendants from misrepresenting a military affiliation, the endorsement of particular schools by the military, or the extent to which they share consumers’ personal information. They require the defendants to disclose that their sites are not official recruiting websites of the U.S. military, to solicit consumers’ acknowledgement of that fact, and to get permission to disclose consumer information collected in connection with lead generation for any purpose. The defendants also must notify the companies that bought consumer data from the defendants of the FTC’s allegations and instruct the companies to stop using the information.
The first proposed order settles the FTC’s charges against Sunkey Publishing Inc.; Sun Key Publishing, LLC; Wheredata, LLC; and Christopher Upp, individually and as an officer of the corporate defendants; and Mark Van Dyke, individually and as an officer of the corporate defendants. The second proposed order settles the FTC’s charges against Fanmail.com, LLC; and Lon Brolliar and Andrew Dorman, individually and as officers of Fanmail.com, LLC.
The FTC has education material to help consumers avoid trouble from imposters and to safeguard their personal information:
- Before you fill out forms or applications on a site, find out more about who is actually requesting your information and for what purpose by doing an online search for the site operator with words like “complaint” or “review.”
- If you think you have gotten a call from a government imposter, report it to the FTC at FTC.gov/complaint.
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Essex Sex Offender Sentenced to over 12 Years in Federal Prison for Transportation of Child PornographyRead the Press Release
Baltimore, Maryland –U.S. District Judge Richard D. Bennett today sentenced Raymond Kilchenstein, age 53, formerly of Essex, Maryland, to 150 months in prison, followed by 20 years of supervised release, for transportation of child pornography. Judge Bennett ordered that, upon his release from prison, Kilchenstein must continue to register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; and Interim Commissioner Gary Tuggle of the Baltimore Police Department.
According to the his plea agreement, in 1997, while Kilchenstein was serving in the U.S. Air Force, he pleaded guilty to repeatedly sexually abusing a minor female for four years, beginning when the child was four years old. He also acknowledged fondling a second minor female, who was 10 years old at the time of the abuse. Kilchenstein was sentenced to 10 years of confinement and dishonorably discharged from the Air Force. He was released on May 2, 2003 and has been a registered sex offender since that time.
Kilchenstein admitted that beginning in 2015, he traded child pornography in three ways: by using a foreign website that facilitates sharing images and videos; through several e-mail addresses; and by utilizing an instant-messaging application for mobile devices that allows users to share photos, videos, and other content. A search warrant executed at Kilchenstein’s home on February 10, 2017, recovered digital storage media, including three thumb drives, a laptop, and a hard drive. Subsequent forensic analysis of the media recovered over 20,000 images and 665 videos of child pornography, including over 275 identified child pornography series. Kilchenstein has been ordered to pay $13,000 in restitution to the identified victims in those series. The images and videos also included prepubescent minors engaged in sexually explicit conduct, as well as sadistic, masochistic, and other depictions of violence.
Kilchenstein was arrested on December 15, 2017, and an Apple iPhone 7 was seized, but was locked, preventing forensic analysis. As part of his plea agreement, Kilchenstein provided the password to allow access to his iPhone in order to allow a full forensic analysis of the phone to determine whether there was any evidence of production of child pornography. None was found.
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 Attorney’s 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. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Robert K. Hur commended the FBI and Baltimore Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Judson T. Mihok, who is prosecuting the federal case.
East Mountain Family Practice Doctor Pays $300,000 to Resolve Alleged False Claims to Federal Healthcare Programs for Services Rendered While Out of CountryRead the Press Release
ALBUQUERQUE – Orrin K. McLeod, D.O., a family practitioner licensed to practice medicine in the state of New Mexico, has paid $300,000 to resolve allegations under the civil False Claims Act that he submitted, or caused to be submitted, claims for payment for services and prescriptions under federal healthcare programs while he was out of the country. The $300,000 payment also resolves allegations under the Controlled Substances Act that Dr. McLeod left signed, but otherwise blank, prescriptions for use by other healthcare providers while McLeod was out of the country.
Dr. McLeod made the payment pursuant to a settlement with the U.S. Department of Justice and the Office of the New Mexico Attorney General based on an investigation by the DEA’s Tactical Diversion Squad.
In announcing the settlement, U.S. Attorney John C. Anderson said, “Healthcare professionals hold positions of trust in our community, and the privilege of writing prescriptions for controlled substances comes with great responsibility. The integrity of our healthcare system and the well-being of our citizens depend upon the proper exercise of this privilege. My office will vigorously pursue allegations that this privilege has been abused for private gain.”
“Healthcare professionals cannot be allowed to fraudulently take funds that are meant to be used for New Mexicans’ healthcare needs,” said New Mexico Attorney General Hector Balderas. “New Mexican families can rest assured that our office is continually working with all federal and state entities, to achieve a safer, more prosperous State, and a reliable healthcare system that will last citizens years into the future.”
“The penalties levied against Dr. McLeod sends the message, to medical professionals who endanger the safe and legal dispensation of pharmaceutical drugs, that they will be investigated and sanctioned to the fullest extent of the law,” stated Kyle Williamson, DEA El Paso Division Special Agent in Charge.
Dr. McLeod is a New Mexico healthcare service provider with offices in Moriarty, Edgewood and Cedar Crest, N.M. The United States and the State of New Mexico contend that he submitted, or caused to be submitted, claims for payment to the Medicare, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program.
With respect to the False Claims Act allegations, the United States and State of New Mexico contend that, Dr. McLeod submitted claims for services to these programs while he was out of the country on various dates between May 21, 2012 and May 6, 2015. They further contend that Dr. McLeod submitted or caused to be submitted claims for prescription medications when he was out of the country on various dates between May 19, 2012 and Jan. 6, 2018.
With respect to the Controlled Substances Act allegations, the United States contends that in July 2013, while he was out of the country, Dr. McLeod left signed, but otherwise blank, prescriptions in his office for use by healthcare workers to write prescriptions for controlled substances.
The settlement amount, $300,000, which was paid by Dr. McLeod earlier today, includes $53,724.04 in restitution, the amount the United States and the State of New Mexico contend was improperly claimed by Dr. McLeod. The balance, $246,275.96, represents penalties paid by Dr. McLeod under the False Claims Act and Controlled Substances Act.
The settlement is the result of a coordinated effort by Assistant U.S. Attorneys Michael H. Hoses and Ruth F. Keegan of the Civil Division of the U.S. Attorney’s Office, Assistant Attorneys General John Grubesic and Emily Luke of the Office of the New Mexico Attorney General, and the Tactical Diversion Squad of the DEA office in Albuquerque.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
Claims settled by this agreement are allegations only. There have been no admissions of liability by Dr. McLeod.
Demotte Man Charged for Possession with Intent to Distribute MethamphetamineRead the Press Release
HAMMOND- Ricky Shultz, 47, of Demotte, Indiana, was charged on September 5, 2018 by criminal complaint with one count of possession with intent to distribute fifty grams or more of methamphetamine.
U.S. Attorney Kirsch said, “This case is the result of cooperation between local, state and federal authorities. My office is, and remains committed, to fighting the scourge of drug trafficking and the illegal possession of firearms in all of the counties in our district, rural or urban.”
According to documents in this case, a search warrant was executed at the residence of Ricky Shultz, a convicted felon, in Demotte, Indiana. The search resulted in the seizure of almost a quarter kilogram of methamphetamine and 48 firearms. The documents identify Shultz as a convicted felon who holds a leadership position in the Saxon Knights, a prison-based gang that espouses a white supremacist ideology.
The United States Attorney's Office emphasized that a Complaint is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case was investigated by the DEA, the Jasper County Sheriff’s Office, the Jasper County Office of the Prosecuting Attorney, the Indiana State Police, the Porter County Multi-Enforcement Group and the Newton County Drug Task Force. It is being prosecuted by Assistant United States Attorney David J. Nozick.
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Dayton Man Sentenced for Traveling Interstate for Intercourse with 14-Year-Old VictimRead the Press Release
DAYTON – William Sparks, 66, of Dayton, was sentenced in U.S. District Court to 108 months in prison and 10 years of supervised release for traveling interstate with the intent of engaging in illicit sexual conduct with a minor.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division and Montgomery County Sheriff Phil Plummer announced the sentence imposed yesterday evening by U.S. District Judge Walter H. Rice.
According to the Statement of Facts in this case, Sparks traveled from Ohio to Kentucky in May 2017 to engage in sexual acts with a 14-year-old girl. Sparks met the victim when she was a young girl, as an acquaintance of the girl’s mother, and began a sexual relationship with the child.
Sparks cultivated a relationship with the minor and took her on trips to Indiana and Kentucky. Once in these states, he committed various sexual acts against her. He molested the girl repeatedly at various places and also provided her alcohol or promised her small amounts of cash if she was a “good girl.”
“The defendant’s role as a father figure to his victim makes this crime particularly egregious,” U.S. Attorney Glassman said.
Sparks pleaded guilty in November 2017.
U.S. Attorney Glassman commended the investigation of this case by the FBI and Montgomery County Sheriff’s Office, and Assistant United States Attorney Brent Tabacchi, who is representing the United States in this case.
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Council Bluffs Woman Sentenced to 140 Months in Prison for Drug and Firearm OffensesRead the Press Release
COUNCIL BLUFFS, Iowa – On September 5, 2018, Paige Elizabeth Thurman, age 29, of Council Bluffs, was sentenced by United States District Court Chief Judge John A. Jarvey to 140 months in prison for possession with intent to distribute a controlled substance and possession of a firearm in furtherance of a drug trafficking crime, announced United States Attorney Marc Krickbaum. Thurman was ordered to serve five years of supervised release to follow her prison term.
Thurman pleaded guilty to the charges on April 5, 2018. She admitted she possessed $6,100, a Colt .380 Mustang semi-automatic handgun, digital scale, ammunition, plastic baggies, knife, stun gun, and 140.5 grams of methamphetamine on her person and in the vehicle she was driving on September 8, 2017, after leading law enforcement on a high speed chase in Council Bluffs. Thurman admitted she possessed the methamphetamine with the intent to distribute it and she possessed the handgun to assist in the distribution of methamphetamine.
This case was investigated by the Pottawattamie County Sheriff’s Department and Council Bluffs Police Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Colombian alien sentenced to 3 years in prison for using stolen id to obtain driver’s license in MonroeRead the Press Release
MONROE, La. – United States Attorney David C. Joseph announced that an illegal alien from Colombia was sentenced Wednesday to 36 months in prison for using a stolen birth certificate and Social Security card to obtain identification cards in Monroe.
Jimmy Hurtado, 36, of Colombia, was sentenced by U.S. District Judge Terry A. Doughty on one count of falsely representing to be a citizen of the United States, one count of false representation and use of a Social Security number, and one count of aggravated identity theft. According to the guilty plea, Hurtado used the identity of a United States citizen from Puerto Rico in 2010 to obtain a state-issued identification card from the Monroe Department of Public Safety Office. He supplied a birth certificate and a Social Security number. He renewed the identification card in 2011 and 2012 and obtained a driver’s license using the same documents he used to obtain the state-issued identification card.
The U.S. Postal Inspection Service, ATF and Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Mary J. Mudrick prosecuted the case.
Cattle Company and Veterinarian Indicted for False Health Certificates on LivestockRead the Press Release
LEXINGTON, Ky. – A veterinarian and a cattle company were indicted today for using false interstate certificates of veterinary inspection, to ship tens of thousands of cattle interstate, in violation of federal law.
Robert M. Duncan Jr., United States Attorney for the Eastern District of Kentucky; Karen Citizen-Wilcox, Special Agent in Charge, United States Department of Agriculture Office of Inspector General; William Swartz, Area Director, United States Department of Agriculture Animal Plant Health Inspection Service; and Mark McCormack, Special Agent in Charge, FDA Office of Criminal Investigations, made the announcement.
A federal grand jury in Lexington returned an indictment charging Eugene Barber & Sons, Inc. (“Barber & Sons”), a cattle company based in Lexington with one count of conspiracy, one count of moving cattle in violation of federal law, and one count of aiding and abetting a false statement. The indictment also charges veterinarian John M. Moran, 64, of Flemingsburg, Kentucky, with one count of conspiracy, one count of aiding and abetting moving cattle in violation of federal law, and one count of making a false statement.
The indictment alleges that Barber & Sons and Moran conspired to violate the Animal Health Protection Act, which protects the health and welfare of the public by preventing, detecting, and eradicating the spread of diseases in animals that are shipped within the United States. Federal law requires that an accredited veterinarian inspect cattle prior to their shipment, and then file certificates attesting to that inspection with appropriate state authorities. The indictment alleges that Moran falsely certified he had inspected the cattle Barber & Sons had shipped, when in fact he had merely pre-signed the interstate certificate of veterinary inspection without inspecting the cattle. According to the indictment, between January 28, 2013 and September 25, 2015, Moran certified at least 600 false interstate certificates of veterinary inspection for shipment of more than 60,000 cattle. In exchange, he was paid over $19,000 by Barber & Sons.
The charges and allegations contained in the indictment are merely accusations. The defendants are presumed innocent until proven guilty beyond reasonable doubt in a court of law.
The USDA and FDA are investigating the case. Assistant U.S. Attorney Kate K. Smith is prosecuting the case. The Defendants’ initial appearance on the indictment is currently scheduled for September 21, 2018, at 10:30 a.m., in Lexington.
Burlington Man Arrested for Possessing Child PornographyRead the Press Release
BOSTON – A former civilian employee of the Hanscom Air Force Base was arrested today for possessing thousands of files depicting child pornography, including a manual titled “How to Practice Child Love.”
William Gates, 41, of Burlington, was charged with one count of possession of child pornography. Gates appeared in federal court today and was ordered detained pending a detention hearing scheduled for tomorrow.
According to the charging document, in November 2017, law enforcement in Boston received information from authorities in Australia about an investigation involving an online personal photo site, known for hosting child pornography. Australian investigators observed a user of the site posting photographs of, and comments regarding, an approximately six-year-old boy on a school bus, who the user identified as a child on a field trip that the user was chaperoning. Australian and U.S. authorities were able to trace the account activity to IP addresses assigned to Gates’s home in Burlington and to Hanscom Air Force Base, where Gates was a civilian employee at the time.
It is alleged that during an interview with law enforcement in early December 2017, Gates admitted that he used his iPhone to take some of the photographs while chaperoning a field trip to the zoo with his son’s elementary school. After Gates provided written consent for the search of certain electronic devices, law enforcement conducted a preliminary exam of two of the defendant’s digital devices and allegedly located approximately 51 images of child pornography. A month later, on Jan. 8, 2018, agents executed a search warrant at Gates’s home, where they found more than 900 child pornography files. Gates was subsequently indicted by a Middlesex grand jury for possession of child pornography.
During the week of Aug. 27, 2018, it is alleged that further forensic analysis of one of Gates’ laptops revealed an encrypted volume, where approximately 2,900 images and 70 videos of child pornography were hidden, as well as a document titled, “How to Practice Child Love,” which purports to serve as a guide to teach adults how to practice sex with children.
The charging statute provides for a sentence of no greater than 20 years in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Valuable assistance was provided by the Burlington Police Department. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.
Members of the public who have questions, concerns, or information regarding this case should call 617-748-3274.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
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.
Brentwood Man Sentenced to 51 Months in Prison for Bank RobberyRead the Press Release
CONCORD - Michael Holt, 49, of Brentwood, was sentenced in federal court to 51 months in prison for bank robbery, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on January 13, 2018, Michael Holt walked into a TD Bank branch in Stratham, New Hampshire, and gave a teller a note claiming to have a gun and demanding money. The teller gave Holt a quantity of United States currency. On January 19, 2018, Holt entered a People’s United Bank branch in Exeter, New Hampshire, and again gave a teller a note stating that he had a gun and demanding money. He again received a quantity of United States currency. Comparing bank surveillance video of each offense and witness descriptions allowed Stratham and Exeter police to determine that the same person had committed both crimes. Images from the bank surveillance videos were broadcast on local news outlets and distributed via social media, leading to the identification of Holt, who was apprehended soon after.
Holt previously pleaded guilty to two counts of bank robbery on May 10, 2018.
“Bank robberies are violent crimes that often can jeopardize the safety of bank employees, customers, and other members of the community,” said U.S. Attorney Murray. “By working with our law enforcement partners to combat violent crime, our goal is to ensure that the citizens of the Granite State feel safe in their local communities.”
“On multiple occasions, Mr. Holt threatened bank tellers with a firearm if they did not comply with his demands for cash,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division. “Today’s sentencing reflects the FBI’s on-going commitment in working with our law enforcement partners to protect the streets of the Granite State, from any individuals who threaten innocent citizens or commit violent crimes.”
This matter was investigated by the Federal Bureau of Investigation, Stratham Police Department, and Exeter Police Department. The case was prosecuted by Assistant U.S. Attorney Anna Dronzek.
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Baltimore Man Charged with Running Tax Refund Scam in Central New YorkRead the Press Release
SYRACUSE, NEW YORK – Arkmallah Hilliard, 38, of Baltimore, Maryland, was arraigned today in federal court in Syracuse on one count of conspiring to defraud the United States, announced United States Attorney Grant C. Jaquith, Special Agent in Charge James D. Robnett, Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office, and Special Agent in Charge Leigh-Alistair Barzey, Defense Criminal Investigative Service (DCIS), Northeast Field Office.
Hilliard is charged by indictment for conspiring with former Utica resident Anas Wilson and others to defraud the IRS by filing false and fraudulent income tax returns in the names of various individuals and obtaining tax refunds to which they knew they were not entitled. The indictment alleges that Hilliard used his own bank accounts and other bank accounts he controlled that had been opened by co-conspirators to receive the tax refunds, after which Hilliard and others withdrew, spent, and transferred the money for their own purposes. Anas Wilson previously pled guilty to similar charges in federal court in Syracuse and is serving a 12-year prison sentence.
The charge filed against Hilliard carries a maximum sentence of 5 years in prison, a fine of up to the greater of $250,000 or twice the pecuniary gain to the defendant or the loss to any victim, and a term of supervised release of up to 3 years. The indictment also includes a forfeiture allegation/ money judgment of up to $462,107.00. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
United States Magistrate Judge David E. Peebles ordered Hilliard detained pending a trial to be scheduled later this year before Senior United States District Judge Frederick J. Scullin, Jr.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
This case is being investigated by the Internal Revenue Service-Criminal Investigation (IRS-CI) and the Defense Criminal Investigative Service (DCIS) and is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
Atlanta Man Charged with International Money Laundering, Fraud, Identity Theft and Immigration CrimeRead the Press Release
ATLANTA - Onosemeraja Idodo-Umeh, a native of Nigeria who was residing in Atlanta, was arraigned on federal charges in an 18-count indictment that was unsealed yesterday. Idodo-Umhel is charged with conspiracy to commit wire fraud and bank fraud, 10 counts of wire fraud, five counts of aggravated identity theft, one count of conspiracy to commit money laundering, and one count of unlawful procurement of naturalization. Idodo-Umeh was indicted by a federal grand jury on August 7, 2018.
“Idodo-Umeh allegedly moved a substantial amount of stolen money out of the United States to Nigeria, doing so with the help of gang members already indicted by this office,” said U.S. Attorney Byung J. “BJay” Pak. “By prosecuting not only the gang members, but also those who allegedly reaped the financial benefit of their crimes, we will work to dismantle the entire criminal network.”
“Onosemeraja Idodo-Umeh allegedly perpetrated multiple fraudulent schemes over many years, including by conspiring with violent gang members, and then laundered the illicit proceeds,” said Assistant Attorney General Benczkowski. “He also allegedly obtained U.S. citizenship only after lying to immigration authorities. These extremely troubling charges once again demonstrate the Department of Justice’s resolve to protect the American people and our financial system from transnational fraud.”
“This arrest was the result of an investigation led by the FBI’s Safe Streets Gang Task Force,” said J. C. “Chris” Hacker, Special Agent in Charge of FBI Atlanta. “It is another example of the expanding criminal enterprises conducted by gangs, and why we continue to dedicate significant resources to dismantling them.”
“This case illustrates the complexity of investigating financial crimes being exploited by transnational criminal networks,” said Special Agent in Charge Nick Annan of the U.S. Immigration and Customs Enforcement, Homeland Security Investigations (HSI) – Atlanta Division. “With this indictment, HSI special agents and our law enforcement partners, have increased the security of our nation, while also making our own communities safer.”
According to U.S. Attorney Pak, the charges, and other information presented in court: The indictment alleges a conspiracy spanning approximately seven years, in which Idodo-Umeh and his co-conspirators perpetrated fraud schemes using stolen identities, compromised credit card numbers, and stolen and counterfeit checks. The alleged conspiracy involved, among other tactics, the creation of fake businesses to which Idodo-Umeh and his co-conspirators, including members of the Gangster Disciples gang, would make credit card payments using stolen credit card numbers.
The indictment also alleges the use of forged checks written for tens of thousands of dollars each. Idodo-Umeh would allegedly funnel the fraud proceeds through bank accounts belonging to a network of subordinates who he recruited and paid on commission, to transfer dirty money back and forth between the United States and Nigeria.
The indictment also alleges that Idodo-Umeh unlawfully obtained his naturalized U.S. citizenship by falsely telling immigration authorities he had not committed any crimes when in fact he was engaged in the charged fraud.
Onosemeraja Idodo-Umeh, 41, of Atlanta, Georgia was arraigned before U.S. Magistrate Judge King on federal charges of conspiracy to commit wire fraud, bank fraud and money laundering. Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation, the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Division, the Internal Revenue Service, and the Cobb County Police Department.
Assistant U.S. Attorney Kim S. Dammers, Chief of the Organized Crime and Gang Section, and Conor Mulroe, Trial Attorney for the Department of Justice’s Organized Crime and Gang Section, are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Asbury Park, New Jersey, Man Arraigned on Charges of Cocaine Base DistributionRead the Press Release
TRENTON, N.J. – An Asbury Park, New Jersey, man was arraigned today before U.S. District Judge Michael A. Shipp in Trenton federal court, on an indictment charging him with distributing cocaine base, more commonly known as crack, U.S. Attorney Craig Carpenito announced.
Sean Lambert, a/k/a “Pretty Tone,” 47, is charged by indictment with one count of distribution of 28 grams or more of cocaine base and one count of distribution of a quantity of cocaine base. At the time of the alleged crimes, Lambert was on federal supervised release following a 120-month prison sentence for illegally possessing a firearm. Trial is scheduled for April 8, 2019.
According to documents filed in this case:
On Feb. 28, 2018, and March 9, 2018, Lambert sold cocaine base out of an apartment in a multi-family building in Asbury Park. During the March 9, 2018, sale, Lambert sold more than 28 grams of cocaine base.
Because of his prior felony drug distribution conviction, the drug distribution conspiracy charge carries a mandatory minimum penalty of 10 years in prison, a maximum potential penalty of life in prison, and a maximum $8 million fine.
U.S. Attorney Carpenito credited special agents of the Drug Enforcement Administration’s New Jersey Division, under the direction of Special Agent in Charge Valerie A. Nickerson in Newark, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Sara F. Merin of the OCDETF/Narcotics Unit of the U.S. Attorney’s Office in Newark.
The charges and allegations in the indictment are merely accusations, and the defendant is considered innocent unless and until proven guilty.
Albuquerque Felon Sentenced to Eight Years for Unlawfully Possessing Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Morris Mora, 30, of Albuquerque, N.M., was sentenced this morning in federal court to 96 months in prison followed by three years of supervised release for violating the federal firearms laws by being a felon in possession of a firearm and ammunition. Mora was ordered to serve his federal sentence consecutive to a seven-year sentence previously imposed on a related state conviction in the 2nd Judicial District Court for the State of New Mexico.
Mora, whose criminal history includes convictions for aggravated assault with a deadly weapon, aggravated assault on a peace officer with a deadly weapon, and aggravated fleeing from a law enforcement officer, was prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of making communities in New Mexico safer places for people to live and work.
Mora was charged by criminal complaint on Aug. 7, 2017, with being a felon in possession of a firearm and ammunition. According to the complaint, officers of the Albuquerque Police Department (APD) arrested Mora on state charges, including a related firearms charge, in the North Valley of Albuquerque on March 8, 2017, after the APD officers located a firearm and ammunition in Mora’s backpack incident to his arrest for allegedly driving a stolen vehicle. Mora was transferred to federal custody from state custody in Sept. 2017. The related state firearms charges were dismissed in favor of federal prosecution.
Mora subsequently was indicted on Sept. 6, 2017, and was charged with being a felon in possession of a firearm and ammunition on March 8, 2017, in Bernalillo County, N.M. At the time, Mora was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
On May 4, 2018, Mora pled guilty to the indictment and admitted that on March 8, 2017, he was in possession of a firearm and ammunition which were located inside a backpack when Mora was stopped by law enforcement officers while driving a vehicle. Mora acknowledged that he was prohibited from possessing firearms or ammunition in March 2017, because of his status as a convicted felon.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and APD, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Howard R. Thomas prosecuted the case.