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17 October 2018
Inmate Charged with Possession of A WeaponRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Peter Mastin, age 26, an inmate at the Federal Correctional Institute at Schuylkill, Pennsylvania, was indicted by a federal grand jury for possession of a weapon.
According to United States Attorney David J. Freed, the indictment alleges that on June 24, 2018, Mastin possessed a seven-inch metal weapon sharpened to a point, commonly known as a “shank.”
The case was investigated by the Federal Bureau of Prisons and the Federal Bureau of Investigations (FBI). Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 5 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Illegal Alien Who Used Another Person’s Social Security Number Sentenced to PrisonRead the Press Release
A woman who used another person’s Social Security number to get a job was sentenced today to almost two months in federal prison.
Glenda Alvarado, age 30, a citizen of El Salvador illegally present in the United States and living in Waterloo, Iowa, received the prison term after a September 4, 2018, guilty plea to one count of misuse of a social security number.
In a plea agreement, Alvarado admitted she illegally entered the United States in July 2016, and on October 13, 2016, she used another person’s Social Security number when she completed a W-4 tax form and other employment documents at a business in Waterloo, Iowa. She also used a fraudulent permanent resident card, also known as a “green card,” when she completed the employment forms. The Alien Registration number on the “green card” had been issued to another person.
Alvarado was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Alvarado was sentenced to 55 days’ imprisonment. She must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Alvarado is being held in the United States Marshal’s custody until she can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-2044-CJW. Follow us on Twitter @USAO_NDIA.
ICE most wanted illegal alien living in Church Point arrested for re-entering country after deportationRead the Press Release
LAFAYETTE, La. – United States Attorney David C. Joseph announced that Jose Melchor Martinez, 48, a resident of Church Point and a citizen of Mexico, has been arrested after being charged by a federal criminal complaint in U.S. District Court with re-entry of a removed alien.
According to the criminal complaint filed on October 12, 2018, Martinez illegally re-entered the United States after being deported on September 6, 2003, and had not received permission from the U.S. Attorney General or the Secretary of the Department of Homeland Security to re-enter. According to U.S. Immigrations and Customs Enforcement, Martinez is considered to be one of their most wanted fugitives. For more information, see www.ice.gov/most-wanted/martinez-jose-melchor.
The defendant faces up to 20 years in prison, a $250,000 fine, and up to three years of supervised release if convicted.
The case was investigated by ICE’s Enforcement and Removal Operations. It is being prosecuted by Assistant United States Attorney David J. Ayo.
This matter will proceed in United States District Court in Lafayette, where the complaint is currently pending. A complaint is a temporary charge alleging a violation of law. For the case to proceed to trial, the United States must present the charge to a federal grand jury within 30 days. Once a grand jury returns an indictment, a defendant has a right to a jury trial at which the United States would have the burden of proving the defendant’s guilt beyond a reasonable doubt. All defendants are presumed innocent until proven guilty in a court of law.
Hogansburg Man Sentenced for Possession of Contraband CigarettesRead 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 Ian Tarbell, 46, of Hogansburg, NY, who was convicted of possession of contraband cigarettes, was sentenced to 15 months in prison by U.S. District Court Judge Richard J. Arcara.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that the defendant was arrested on February 18, 2016, in Pembroke, NY, following a traffic stop by the Genesee County Sheriff’s Office. Tarbell was driving a truck that was pulling a trailer loaded with untaxed and unstamped cigarettes. In total, the defendant was transporting more than 900,000 unstamped and untaxed cigarettes. The New York State and Federal taxes imposed on such cigarettes would have totaled more than $300,000.
Today’s sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict; the Genesee County Sheriff’s Office, under the direction of William A. Sheron, Jr.; and the New York State Department of Taxation and Finance, under the direction of Commissioner Thomas Mattox.
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Hedge Fund Manager Pleads Guilty to Operating Multi-Million Dollar Ponzi SchemeRead the Press Release
BOSTON – A Boston-area hedge fund manager pleaded guilty today in federal court in Boston to running a multi-million dollar Ponzi scheme.
Raymond K. Montoya, 70, of Allston, pleaded guilty to three counts of wire fraud, five counts of mail fraud, and two counts of conducting an unlawful monetary transaction. U.S. Senior District Court Judge George A. O’Toole Jr. scheduled sentencing for Jan. 22, 2019. Montoya was charged by a criminal complaint and arrested in August 2017.
Between 2009 and June 2017, Montoya ran a pooled investment hedge fund in Boston called RMA Strategic Opportunity Fund, LLC. Montoya falsely told his investors—including his family, friends, and acquaintances who resided in Massachusetts, Ohio, and California—that the fund was earning substantial returns, when in fact, by 2014, the RMA Fund was sustaining substantial losses. The investors transferred millions of dollars of their personal savings and 401(k) retirement plans to Montoya and the RMA Fund. Montoya told the investors that he would invest their money in stocks and bonds, but he actually invested only a portion of their money, while diverting the rest—totaling millions of dollars—to business and personal bank accounts. Montoya used the diverted money for personal expenses such as luxury vehicles and the mortgage on his son’s residence.
Montoya was previously charged with securities fraud in a civil complaint by the Massachusetts Securities Division.
The charges of mail fraud and wire fraud provide for a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000 or twice the gross gain or gross loss from the offense, restitution and forfeiture. The charge of conducting unlawful monetary transactions 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 value of the criminally derived property. 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; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. The Massachusetts Securities Division provided valuable assistance. Assistant U.S. Attorney Neil J. Gallagher Jr. of Lelling’s Securities and Financial Fraud Unit is prosecuting the case.
Hartford Man Sentenced to 37 Months in Prison for Trafficking HeroinRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that RAFAEL GARCIA, 28, of Hartford, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 37 months of imprisonment, followed by three years of supervised release, for trafficking heroin.
According to court documents and statements made in court, this matters stems from a DEA Hartford Task Force investigation of a heroin trafficking organization that was operating in Connecticut, Massachusetts, New York and the Dominican Republic. The investigation, which included court-authorized wiretaps, revealed that members of the organization distributed heroin and fentanyl from the Katty Grocery store located at 584 Franklin Avenue in Hartford. The investigation also revealed that certain members of the organization stored a significant amount of narcotics in a house on Whitmore Street in Hartford’s South End. Investigators identified GARCIA as a narcotics distributor who obtained large quantities of heroin/fentanyl from members of the organization.
On January 20, 2017, investigators stopped GARCIA’s car as he drove away from the Whitmore Street stash house. During the stop, investigators seized a bag containing approximately 20 grams of fentanyl. GARCIA was arrested on state charges at that time.
On April 27, 2017, a grand jury returned an indictment charging GARCIA and nine other individuals with various heroin trafficking offenses. GARCIA was arrested federally on May 10, 2017. On May 30, 2018, he pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute heroin.
The DEA’s Hartford Task Force includes personnel from the DEA Hartford Resident Office and the Bristol, Hartford, East Hartford, Manchester, New Britain, Rocky Hill, Wethersfield, Windsor Locks and Willimantic Police Departments.
This case is being prosecuted by Assistant U.S. Attorney Geoffrey M. Stone.
Hartford Man Pleads Guilty to Federal Gun ChargeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that RASCELL LEGGETT, 31, Hartford, pleaded guilty today before U.S. District Judge Janet C. Hall in New Haven to one count of possession of firearm in furtherance of a drug trafficking crime.
According to court documents and statements made in court, on June 22, 2011, Leggett was sentenced in New Haven federal court to 60 months of imprisonment, followed by three years of supervised release, for distributing marijuana and crack cocaine in Hartford. He was released from federal prison in February 2015. Leggett subsequently violated the conditions of his supervised release and, in June 2016, was sentenced to an additional four months of imprisonment, followed by two years and eight months of imprisonment. He was released from federal prison in November 2016.
In August 2017, Leggett was arrested by Hartford Police and charged with illegal operation of a motor vehicle while under the influence of alcohol and illegal operation of a motor vehicle under suspension. Leggett subsequently failed to appear for a federal supervised release violation hearing on November 6, 2017.
On December 18, 2017, investigators arrested Leggett after they stopped a vehicle he was operating on Albany Avenue in Hartford. A search of the car revealed 148 bags of heroin, a Ruger 9mm pistol loaded with 14 rounds of ammunition, and $655 in cash. A search of Leggett’s person revealed approximately four grams of crack cocaine. At the time of his arrest, Leggett also had an active Hartford Police arrest warrant for attempted first degree assault with a firearm, criminal possession of a weapon, and risk if injury to a minor.
Leggett has been detained since his arrest.
Judge Hall scheduled sentencing for January 10, 2019, at which time Leggett faces a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of life. Leggett also faces supervised release violation proceedings.
This matter was investigated by the Federal Bureau of Investigation’s Northern Connecticut Violent Crimes Task Force, which includes members of the Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction. The Hartford Police Department’s Vice and Narcotics Division provided valuable assistance to the investigation. The case is being prosecuted by Assistant U.S. Attorney Brian P. Leaming.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Habitual Domestic Violence Offender Sentenced to Federal Prison for AssaultRead the Press Release
DURANGO – Bryan Ace Ponzo, age 36, from the Ute Mountain Ute Indian Reservation surrounding Towaoc, was recently sentenced to serve 129 months in federal prison by Senior U.S. District Court Judge Robert E. Blackburn for assault with a dangerous weapon, U.S. Attorney Bob Troyer, FBI Denver Division Special Agent in Charge Calvin Shivers and the U.S. Bureau of Indian Affairs announced. In addition to pleading guilty to witness tampering, Judge West found Ponzo guilty beyond a reasonable of six contempt charges, ordering an additional 24 months imprisonment. In total, Ponzo will serve 153 months imprisonment. Ponzo and his victim are enrolled members of the Ute Mountain Ute Indian Tribe. According to the public record, Ponzo has an extensive state and tribal criminal history, including numerous assault and domestic violence related offenses.
Ponzo was indicted by a federal grand jury on October 6, 2017. The indictment was superseded by an Information on March 15, 2018. He pled guilty before Judge Blackburn on that same date. He was sentenced on October 9, 2018.
According to the stipulated facts contained in the plea agreement, Ponzo and his wife resided on the Ute Mountain Ute Reservation. On the morning of November 2, 2016, Ponzo and his wife had an argument. He had looked through her Facebook account and questioned her about male friends. During this time, Ponzo grabbed his wife from the couch and forced her to shower. Ponzo then sexually assaulted her on the bed. After Ponzo sexually assaulted his wife, he pulled her off the bed and she hit her head on the floor. Ponzo then went to the closet, grabbed brass knuckles, and threatened his wife with the brass knuckles. Law enforcement accompanied the wife to a hospital in Utah that afternoon, where her injuries were diagnosed and documented.
During the case, Magistrate Judge West issued a No Contact Order holding that Ponzo could not contact his victim directly or indirectly. While in pre-trial custody at La Plata County Detention Facility, Ponzo dialed his wife’s number at least 1,749 times in an attempt to influence her trial testimony. In these recorded calls, Ponzo repeatedly blamed his wife and instructed her to “fix it.”
This case was investigated by the Bureau of Indian Affairs and the Federal Bureau of Investigation. The defendant was prosecuted by Assistant U.S. Attorneys Jason St. Julien and Jeffrey Graves.
Gun Crime Draws Hard Time for Convicted FelonRead the Press Release
SAVANNAH, GA: A career criminal with a violent history will spend nearly nine years in federal prison after sentencing this week for carrying a stolen pistol.
U.S. District Court Judge Lisa Godbey Wood sentenced Joseph Price, 33, to 105 months in federal prison after being convicted of Possession of a Stolen Firearm, said Southern District U.S. Attorney Bobby L. Christine. After completion of his sentence, Price will serve three additional years of supervised release. There is no parole in the federal system.
Price was a passenger in a vehicle stopped for speeding in January 2017. While a Savannah police officer spoke to the driver outside the vehicle, Price attempted to drive away. When Price refused to stop, the officer used a Taser to subdue him. A firearm discovered during a search of the vehicle was determined to have been stolen, and Price, a convicted felon, admitted he had purchased the weapon.
Price has a criminal history dating back more than 15 years, including a previous traffic stop involving a stolen firearm, participating in a prison riot, and drug convictions.
“Working with law enforcement and other prosecutors through the U.S. Justice Department’s Project Safe Neighborhood’s program, our office will continue to remove violent felons from our community,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. “Career criminals who carry guns are a threat to the safety of our neighborhoods, and they will get hard time in federal prison.”
The Savannah Police Department conducted the traffic stop and subsequent investigation. Assistant United States Attorneys Greg Gilluly, Tania D. Groover, and Matt Josephson represented the United States in the prosecution.
For any questions, please contact Barry Paschal at the United States Attorney’s Office at (912) 652-4422.
Guatemalan Man Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Mario Navarijo Orantes, age 52, and a citizen of Guatemala, was sentenced today to time served (133 days in jail) for illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.
Navarijo Orantes was removed from the United States to Guatemala on November 27, 1991 and again on October 5, 1999. On June 6, 2018, he was arrested by a Border Patrol Agent near Champlain, New York, after he illegally entered the United States from Canada by walking across the border approximately one mile east of the Overton Corners Port of Entry. Navarijo Orantes admitted that he returned to the United States without permission following the prior removals. Navarijo Orantes claimed to have been residing in Bethlehem, Pennsylvania, since 2000.
Following the sentencing, Navarijo Orantes was remanded to the custody of the Department of Homeland Security, for removal proceedings.
In a related case, on October 5, 2018, Carlos Figueroa Rivas, of Allentown, Pennsylvania, pled guilty to the felony offense of encouraging and inducing the illegal entry of an alien (Mario Navarijo Orantes). He is scheduled to be sentenced on February 6, 2019.
This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Gang Leader Convicted of Racketeering and Related Offenses, Including Attempted Murder in Subway StationRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that MICHAEL WHITE, a leader of two violent street gangs, “MBG,” and the “Young Gunnaz,” was convicted of racketeering conspiracy, attempted murder and assault with a deadly weapon in aid of racketeering, and a firearms offense. WHITE was convicted following a two-week trial before U.S. District Judge Robert W. Sweet.
U.S. Attorney Geoffrey S. Berman said: “Michael White, a leader of two gangs, committed a spree of shootings in and around New York City Housing Authority’s Mill Brook Houses. He shot rival gang members in front of a public school, in a community center, and in a subway station. Now he stands convicted for his crimes. We thank the New York City Police Department and the Drug Enforcement Administration for their tireless efforts to secure this important conviction.”
According to the evidence presented in court during the trial:
From 2007 through October 2017, WHITE was a member of MBG, also known as “Money Bitches Guns,” a local gang based in the Mill Brook Houses. From 2010 through October 2017, WHITE was a member of the Young Gunnaz set of the YGz gang also based in the Mill Brook Houses. As part of his membership in both gangs, WHITE shot seven people. Specifically, on January 25, 2010, WHITE shot and injured a 16-year-old rival on a street corner in the Mill Brook Houses. On January 31, 2010, WHITE shot and injured an 18-year-old rival at a baby shower. Later on January 31, 2010, WHITE shot a rival gang member near a building in the Mill Brook Houses, causing the individual to suffer life threatening injuries. On February 12, 2010, WHITE shot and injured an 18-year-old rival outside a public school. On October 28, 2012, WHITE shot and injured three individuals in the Cypress Avenue Subway Station.
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WHITE, 30, of the Bronx, New York, was convicted of two counts of racketeering conspiracy, each of which carries a maximum sentence of 20 years in prison; one count of violent crime in aid of racketeering, which carries a maximum sentence of 20 years in prison; and one count of use of a firearm during a violent crime, which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentence for the defendant will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the New York City Police Department and the Drug Enforcement Administration.
The case is being prosecuted by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Jordan Estes, Gina Castellano, and Alexandra Rothman are in charge of the prosecution.
Fourteen indicted on drug distribution and firearms chargesRead the Press Release
MARTINSBURG, WEST VIRGINIA – Fourteen West Virginia, Maryland, and Virginia residents are facing multiple drug and firearms charges after being indicted by a federal grand jury sitting in Wheeling on October 3, 2018, United States Attorney Bill Powell announced.
The 28-count indictment alleges a conspiracy to distribute methamphetamine in Mineral, Hardy, Hampshire Counties, and elsewhere from August 2017 to June 2018, as well as multiple firearms offenses. Those named in the indictment are:
• Nathan E. Carpenter, age 28, of Elk Garden, West Virginia
• Michael Corey Alt, age 34, of Elk Garden, West Virginia
• Corey Bircher, age 25, of Elk Garden, West Virginia
• Tyler Allen Whitacre, age 25, of Elk Garden, West Virginia
• Michael Lee Gray, II, age 287, of Marshall, Virginia
• Brittany Baker, age 22, of Elk Garden, West Virginia
• Phillip Ryan Williams, age 24, of McCool, Maryland
• Levi Doman, age 31, of Keyser, West Virginia
• Joseph Nathaniel Hagan, 35, of Petersburg, West Virginia
• Gypsy Rene Winkler, 19, of Keyser, West Virginia
• Michael Dwayne Cosner, 39, of Elk Garden, West Virginia
• Bryan Keith Presgraves, II, 20, of Luray, Virginia
• Steve William Gray, age 38, of Luray, Virginia
• Chance Allen Good, age 25, of Stanley, VirginiaDuring the investigation, more than $14,000 was seized, along with four firearms, a set of brass knuckles, a money counter, a security system, a street bike, and a piece of property on Elk Garden Highway in Elk Garden, West Virginia.
“Every day, we see individuals who apparently still believe that they are above the law. They are not, and my office will relentlessly pursue and prosecute them. Firearms are often involved with these criminal activities, and our law enforcement partners and citizens are consequently at even greater risk. We will use all of our resources to prosecute those who continue to pose a danger to law enforcement and our communities,” said Powell.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the cases on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, The West Virginia State Police, and the Potomac Highlands Drug & Violent Crimes Task Force investigated.The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Four Defendants Convicted in Multi-State Dog Fighting Case After Three-Week Jury TrialRead the Press Release
New Jersey, New Mexico, and Indiana Defendants Convicted As Part of Operation Grand Champion
TRENTON, N.J. – Four men were convicted at trial in connection with their respective roles in a multi-state dog fighting operation, U.S. Attorney Craig Carpenito and Assistant Attorney General Jeffrey Clark of the Justice Department’s Environment and Natural Resources Division announced today.
Justin Love, 38, of Sewell, New Jersey; Robert A. Elliott Sr., 49, of Millville, New Jersey; Dajwan Ware, 45, of Fort Wayne, Indiana; and Robert Arellano, 64, of Albuquerque, New Mexico, were convicted Oct. 16, 2018, of engaging in a conspiracy to sponsor and exhibit dogs in animal fighting ventures and to buy, sell, possess, train, transport, deliver and receive dogs for purposes of having the dogs participate in animal fighting ventures. The jury also found Love and Arellano guilty of unlawfully trafficking in fighting dogs and defendants Love and Elliott of unlawfully possessing fighting dogs. The jury deliberated six hours following a three-week trial before U.S. District Judge Peter G. Sheridan in Trenton federal court. The four defendants convicted today are the last to be adjudicated in this case, which is part of Operation Grand Champion, an ongoing multi-state dog fighting investigation.
“Dog fighting is vicious and cruel. And beyond the needless suffering it inflicts on animals, it exacts a toll on local animal shelters, humane organizations, and the taxpayers of New Jersey,” U.S. Attorney Carpenito said. “The message from these convictions is simple: if you fight dogs in New Jersey, you will face prosecution and imprisonment.”
“Under the leadership of Attorney General Sessions, our Division is aggressively pursuing those who engage in the cruel and brutal practice of dog fighting, which is often linked with many forms of violent and organized criminal activity,” Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division said. “Yesterday’s four convictions demonstrate our firm commitment to fight back against those who would abuse these animals, in clear violation of federal law, to satiate bloodthirsty spectators and gamblers. I applaud the law enforcement officers and prosecutors who worked tirelessly to deliver justice in these cases.”
“The provisions of the Animal Welfare Act were designed to protect animals from being used in illegal fighting ventures,” Special Agent in Charge Bethanne M. Dinkins for U.S. Department of Agriculture’s Office of Inspector General said. “Together with the Department of Justice, animal fighting is an investigative priority for USDA OIG, and we will work with our law enforcement partners to investigate and assist in the criminal prosecution of those who participate in animal fighting ventures.”
“This is a great example of interagency cooperation—in this case USDA and Cherry Hill HSI—stopping a barbaric practice that permanently damages and often kills dogs,” said Brian Michael, Special Agent in Charge, HSI Newark. “Those who engage in this heinous activity should know that they face serious legal consequences.”
According to documents filed in this case and the evidence at trial:Arellano sold and shipped two fighting dogs to Love and conspirator Anthony “Monte” Gaines by air cargo in December 2014. One of those dogs was subsequently fought in a “roll” or test fight the following day, and sustained a serious injury. Gaines also transported a fighting dog named “Bubbles” to Dajwan Ware in order to hide her from law enforcement after local authorities in New Jersey located Gaines’s dog fighting yard. Elliott Sr. housed a fighting dog named “Fancy” on behalf of Gaines and conspirator Frank Nichols, and possessed 12 fighting dogs of his own.
The phrase “Grand Champion” is used by dog fighters to refer to a dog with more than five dog fighting “victories.” To date, 123 dogs have been rescued as part of Operation Grand Champion, and either surrendered or forfeited to the government.
Each conviction carries a maximum of five years in prison and a criminal fine of up to $250,000. Five other defendants in the case previously pleaded guilty to dog fighting and firearms charges and have been sentenced. Sentencing is scheduled for Feb. 20, 2019.
U.S. Attorney Carpenito and Assistant Attorney General Clark credited special agents of the U.S. Department of Agriculture – Office of Inspector General; the U.S. Department of Homeland Security – Homeland Security Investigations, and the FBI with the investigation leading to today’s convictions.
The government is represented by Assistant U.S. Attorney Kathleen O’Leary of the U.S. Attorney’s Office in Newark and Trial Attorney Ethan Eddy of the Justice Department’s Environmental Crimes Section.
Defense counsel:
Arellano: Samuel Bregman Esq., Albuquerque, New Mexico
Elliott: Ronald Thompson Esq., Sicklerville, New Jersey
Love: Wayne Powell Esq., Cherry Hill, New Jersey
Ware: Thomas Ambrosio Esq., Lyndhurst, New JerseyFormer Southaven Alderman Sentenced for Transportation of Child PornographyRead the Press Release
Oxford, Miss. – Ronald W. Hale, a former Alderman for the City of Southaven was sentenced Wednesday morning to 85 months imprisonment for transportation of child pornography, announced U.S. Attorney for the Northern District of Mississippi William C. Lamar, Special Agent in Charge of the FBI in Mississippi Christopher Freeze, and DeSoto County Sheriff Bill Rasco.
Hale pled guilty on April 2, 2018, to knowingly using a means of interstate or foreign commerce to transport or ship a visual depiction involving a minor engaged in sexually explicit conduct in violation of Title 18, United States Code, Sections 2252(1)(a). In sentencing Hale on Wednesday, Chief U.S. District Judge Sharion Aycock also ordered Hale to serve 5 years of supervised release following the term of imprisonment, and to pay $3,500 in restitution to a victim of the crime.
Following the sentencing hearing, U.S. Attorney Lamar noted, “There is sometimes a misconception that child pornography is a victimless crime and that no one is injured by those who merely view or exchange it. This could not be further from the truth. Every day, there are children in our country who are victimized and tortured by those individuals who use them to produce, record and distribute graphic sexual images as a means of pleasure or entertainment. Individuals who choose to view and transport those images provide a market for these unconscionable and illegal acts, and re-victimize those children each time it is shared or viewed. We must continue to protect these vulnerable child victims by holding accountable those who produce, distribute or view child pornography.”
The case was investigated by the FBI Jackson Division’s Southaven Resident Agency and DeSoto County Sheriff’s Department, with assistance from the Southaven Police Department. The case was prosecuted by AUSA Paul Roberts in the U.S. Attorney’s Office for the Northern District of Mississippi.
Former Porterville Tax Preparer Pleads Guilty to Preparing False Tax ReturnsRead the Press Release
FRESNO, Calif. —Leticia Bedolla, 39, of Porterville, pleaded guilty today to aiding and assisting in the preparation and presentation of a false and fraudulent tax return, United States Attorney McGregor W. Scott announced.
According to court documents, Bedolla operated a tax preparation service called Leticia Tax Service, located in Porterville, California. Bedolla prepared and electronically filed tax returns with the Internal Revenue Service (IRS) on behalf of her customers. In finalizing the customers' federal income tax returns for electronic filing, Bedolla would sometimes fabricate amounts of deductions and deductible expenses without informing her customers she was doing so. In other instances, Bedolla would ask a general question about a customer's personal expenses and then mischaracterize the information on the customer's federal income tax return to improperly claim a deduction or tax credit. As a result of Bedolla's preparation and submission to the IRS of false and fraudulent federal income tax returns, Bedolla caused her customers to claim tax deductions and credits to which the customers were not entitled. This resulted in the IRS paying out excessive refunds to Bedolla's customers or not collecting additional tax that would have been due and owing from Bedolla's customers. Bedolla's conduct resulted in a tax loss to the IRS of approximately $105,747.
This case was the product of an investigation by the Internal Revenue Service, Criminal Investigations Division. Assistant United States Attorney Henry Z. Carbajal III is prosecuting the case.
Bedolla is scheduled to be sentenced by Judge Dale A. Drozd on February 4, 2019. Bedolla faces a maximum statutory penalty of three years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Former Owner of Plastics Recycling Company Sentenced to Four Years in Prison for Tax Evasion SchemeRead the Press Release
WASHINGTON – Michael Sang Han, 47, formerly of Palm Beach, Fla., was sentenced today to four years in prison following his conviction in a multi-million dollar tax evasion scheme.
The announcement was made by U.S. Attorney Jessie K. Liu, Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, Matthew J. DeSarno Special Agent in Charge of the FBI Washington Field Office’s Criminal Division, and Acting Special Agent in Charge Kelly R Jackson of the Internal Revenue Service Criminal Investigation (IRS-CI) Washington D.C. Field Office.
Han was found guilty by a jury on May 9, 2018, of two counts of tax evasion for evading paying millions of dollars in taxes in 2010 and 2011. The verdict followed a trial in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable James E. Boasberg. In addition to the prison term, Han was ordered to pay $4,954,027 to the IRS. Following his prison term, he will be placed on three years of supervised release.
According to the evidence introduced at trial and statements made in court, Han owned and operated Envion, a company that he claimed held the patents on technology used to convert plastics into fuel oil. Beginning as early as 2004, Han convinced two individuals to invest nearly $40 million in his company, then used more than $17 million of that money to fund a lavish personal lifestyle. Between 2004 and 2011, Han used millions of dollars of investors’ money for personal expenditures, including flying in private jets, enjoying lavish meals and adult entertainment, and purchasing luxury cars. Specifically, in 2010 and 2011, Han used $3 million to purchase a West Palm Beach home, paid $2 million for extravagant renovations and internal decorations, and spent over $440,000 on multiple luxury cars, including BMWs, a Range Rover, and a Ferrari. Han also used millions of dollars of the investors’ money to replace money he took from Envion in previous years.
According to the government’s evidence at trial, Han also took steps to conceal his personal use of the investors’ money from his bookkeepers and tax preparers. As a result, he did not report any of the money he converted for his personal use on his 2010 and 2011 income tax returns, thereby evading more than $4 million in tax liability.
U.S. Attorney Liu, Principal Deputy Assistant Attorney General Zuckerman, Special Agent in Charge DeSarno, and Acting Special Agent in Charge Jackson commended the work of those who investigated the case from IRS Criminal Investigation and the FBI’s Washington Field Office. They also expressed appreciation for the work of Assistant U.S. Attorneys Derrick Williams and Denise Simmonds, of the U.S. Attorney’s Office for the District of Columbia, and Tax Division Trial Attorney Sarah Ranney, who prosecuted the case, as well as Paralegal Specialist Brittany Phillips, who provided assistance during the trial.
Former Omaha Tribal Chairman and Council Members SentencedRead the Press Release
United States Attorney Joseph P. Kelly announced today that former Omaha Tribal Council Chairman Amen Sheridan (age 57), and former Omaha Tribal Council members Mitchell Parker (age 70) and Jeff Miller (age 54) were sentenced on October 16, 2018, by United States District Court Judge Robert F. Rossiter, Jr. for their convictions of one count of conversion and misapplication of funds of a health care benefit program in violation of Title 18, United States Code, Section 669. Each of these defendants was sentenced to five years of probation and ordered to perform 200 hours of community service. In addition, these defendants were to pay restitution in the amount they each received. Amen Sheridan and Mitchell Parker were ordered to pay $13,404.44 apiece. Jeff Miller was ordered to pay $40,213.32.
According to the Indictment and Plea Agreements, the Omaha Tribe of Nebraska had filed Contract Disputes Act claims against the Indian Health Service, an agency of the United States Department of Health and Human Services. These claims were filed in 2005 and 2012, and concerned unpaid contract support costs covering the period of 1995-2011. The total amount of the claims was approximately $8.9 million. The Indictment alleges that the defendants converted and misapplied funds of a health care benefit program by paying and causing to be paid bonuses or incentives to themselves and several other tribal employees on account of the claim filings. These bonuses or incentives were paid in October of 2012 even though the claims against the Indian Health Service were not resolved and paid until late 2015. Funds used to pay the bonuses came from carryover funds from the fiscal year 2012 contract with IHS. These funds were supposed to be used for providing health care to members of the Omaha Tribe of Nebraska through the Carl T. Curtis Health Education Center.
Previously, five other former tribal council members and tribal employees were sentenced for their roles in this offense. Additionally, Doran Morris, Jr. has pleaded guilty and will be sentenced later in October.
This case was investigated by the Federal Bureau of Investigation and the Office of Inspector General for the Department of Health and Human Services.
Former Microsoft Director of Sports Marketing Indicted for Five Counts of Wire FraudRead the Press Release
The former Director of Sports Marketing and Alliances at Microsoft was indicted today by a federal grand jury for five counts of wire fraud for his scheme to profit by stealing from Microsoft, announced U.S. Attorney Annette L. Hayes. JEFF TRAN, a/k/a TRUNG TRAN, 45 of Seattle, is alleged to have used his position at Microsoft to attempt to steal more than $1.5 million through the creation and submission of fraudulent invoices and the unauthorized use of other Microsoft assets. TRAN will be arraigned on the charges in U.S. District Court in Seattle in the next ten days.
According to the allegations in the indictment, TRAN oversaw Microsoft’s promotional relationship with the National Football League (NFL). The indictment alleges that in March 2017, TRAN caused a fraudulent $775,000 invoice to be issued to Microsoft, supposedly for services related to the 2017 Super Bowl. Tran caused the $775,000 payment from Microsoft to be routed through two Microsoft vendors and then to Tran’s personal bank account. Tran then attempted to cause Microsoft to make a second payment for $670,000, based on another fraudulent invoice. Tran intended to route that payment to a company Tran controlled. When Microsoft vendors became suspicious of Tran’s activity and reported the conduct to Microsoft, Tran destroyed electronic communications and told the vendors to lie to Microsoft about the $775,000 payment. After Microsoft confronted Tran, Tran returned the $775,000.
The indictment also alleges that Tran stole blocks of Super Bowl tickets belonging to Microsoft. Because of his position, Tran was responsible for determining which Microsoft employees would receive Microsoft Super Bowl tickets. However, instead of distributing all of the tickets to Microsoft employees, TRAN sold over 60 of the tickets through a ticket broker and pocketed more than $200,000.
Wire Fraud is punishable by up to 20 years in prison.
The charges contained in the indictment are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case was investigated by the FBI. The case is being prosecuted by Assistant United States Attorney Seth Wilkinson.
Former Financial Advisor Convicted of All Federal Charges Related to $20 Million Ponzi SchemeRead the Press Release
Greenbelt, Maryland – After deliberating for fewer than five hours, a federal jury today convicted Dawn J. Bennett, age 56, of Chevy Chase, Maryland, on all 17 federal charges including conspiracy, securities fraud, wire fraud, bank fraud, and making false statements on a loan application. Bennett remains detained pending sentencing. U.S. District Judge Paula Xinis has not yet scheduled a date for sentencing.
The conviction 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, Baltimore Field Office.
“Dawn Bennett’s greed knew no bounds as she knowingly defrauded elderly retirees of their life’s savings,” said U.S. Attorney Robert K. Hur. “This conviction—and the years in federal prison that she is facing—holds her accountable for her actions.”
According to the information presented at her nine-day trial, Bennett is the owner and operator of DJB Holdings, LLC, d/b/a DJBennett.com, an Internet retail website for luxury sportswear.
According to the evidence presented at trial, between December 2014 and April 2017, Bennett solicited individuals to invest money in her Internet clothing business, offering an annual interest rate of 15% via convertible or promissory notes. In order to entice individuals to invest, Bennett made false and misleading statements, including: the risks of investing in DJB Holdings; how investors’ funds would be used; and that the loans were liquid and guaranteed by DJB Holdings’ inventory and assets, and by Bennett herself. Witnesses testified that Bennett concealed the true financial condition of her companies from investors. Bennett convinced several investors to withdraw a significant portion of their retirement accounts to invest in, and loan money to, her companies. The evidence showed that Bennett misappropriated investor funds, using them to fund a lavish lifestyle, pay her personal legal expenses, and repay previous investors with funds she received from new investors. This is consistent with a Ponzi scheme--a fraudulent investment scheme where the operator of the scheme solicits investors by promising high rates of return with little risk. The scheme operator then funds payments to the earlier investors through funds obtained through new investors. Typically, the operator of the scheme will use investment funds for purposes other than what was conveyed to the investors.
According to testimony at trial, over the course of the scheme, Bennett obtained more than $20 million from 46 investors, many of them elderly clients who knew of Bennett from a radio show she hosted. Some of those funds were used to pay earlier investors and the rest was used for her personal benefit, including: a luxury suite at a football stadium; to pay a website operator to arrange for priests in India to perform religious ceremonies to ward off federal investigators; to purchase astrological gems; and for cosmetic medical procedures.
Evidence at trial showed that in May 2015, DJB Holdings, LLC also obtained a $750,000 line of credit, with Bennett as guarantor. According to witness testimony, in support of this line of credit, Bennett made false statements to the bank, including that she had a brokerage account with a net portfolio value of over $4 million. In reality, Bennett’s net portfolio value for that same account was only $35. The loan proceeds were to be used solely for business operations, but Bennett used the funds to pay off investors and to pay her personal expenses. In February 2016, the lender declared the loan in default. Bennett told the lender that she was unaware of the default because she had been in China for the preceding eight months. According to trial evidence, there was not any international travel for Bennett during the time in which she claimed to be in China, and her personal American Express card showed numerous transactions during that time in the Chevy Chase, Maryland and Washington, D.C. area.
On August 25, 2017, the SEC filed a related action against Dawn J. Bennett and DJB Holdings, LLC d/b/a/ DJBennett and DJBennett.com alleging violations of the Securities Act of 1933 and the Securities Exchange Act of 1934.
Bennett faces a maximum of 20 years in prison for wire fraud conspiracy and for each of nine counts of wire fraud; a maximum of five years in prison for securities fraud conspiracy; a maximum of 20 years in prison for each of four counts of securities fraud; and a maximum of 30 years in prison each for bank fraud and for false statements on a loan application.
On June 18, 2018, Bennett’s co-defendant, Bradley Mascho, age 52, of Frederick, Maryland, pleaded guilty to conspiracy to commit securities fraud and to making a false statement. Mascho faces a maximum of 10 years in prison. As part of his plea agreement, Mascho is required to pay restitution in the full amount of the victim’s losses, which is at least $5,720,457, minus amounts repaid with money not derived from his criminal conduct, but in no event less than $3,650,238. No date has been set for Mascho’s sentencing.
United States Attorney Robert K. Hur commended the FBI for its work on this investigation and thanked the SEC. Mr. Hur praised Assistant U.S. Attorneys Erin B. Pulice, Thomas P. Windom, and Gregory D. Bernstein, who are prosecuting the case.
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Former Employee of Alaska Dept. of Juvenile Justice Charged with Possession of Child PornographyRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that a federal grand jury returned an indictment against Dennis Weston, 54, of Anchorage, charging him with one count of sexual exploitation of a child – possession of child pornography.
The indictment alleges that in June 2018, Weston knowingly possessed, by means and facility of interstate and foreign commerce, visual depictions of minors engaging in sexually explicit conduct, located on a computer or digital device. Weston is a former employee of the State of Alaska Department of Juvenile Justice, who had previously worked at the McLaughlin Youth Center.
If the public has any further information or concerns about the activities of Weston, please contact the FBI at (907) 276-4441.
If convicted, Weston faces a maximum penalty of up to 20 years in prison, and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
The Federal Bureau of Investigation (FBI) conducted the investigation leading to the indictment in this case. This case is being prosecuted by Assistant U.S. Attorney Adam Alexander.
This case is being brought as part of Project Safe Childhood. In May 2006, DOJ launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood combines federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Former CFO at Two Irvine Companies Sentenced to 3 Years in Federal Prison for Embezzling over $2 Million from his EmployersRead the Press Release
SANTA ANA, California – A former executive at two Irvine-based engineering firms was sentenced today to 36 months in federal prison for embezzling more than $2 million by making over 800 unauthorized withdrawals from company accounts over a five-year period.
Deepak Kharbanda, 44, a Mission Viejo resident who formerly lived in Irvine, was sentenced by United States District Judge James V. Selna. In addition to the prison term, Judge Selna ordered Kharbanda to pay $1,363,496 in restitution.
Kharbanda, who was the chief financial officer at Applied GeoKinetics and Advanced Construction Technologies, stole $2,074,496 from his employers from 2010 to 2015. Kharbanda admitted in court that he made 841 unauthorized withdrawals from the companies’ bank accounts and that he used the money to pay personal expenses, including costs associated with a girlfriend, trips to Las Vegas, upgrades to his home and the lease on a Lamborghini.
Kharbanda “stole more than $2 million dollars from companies where he was a trusted C-suite executive,” prosecutors wrote in a sentencing memorandum. “He stole from them repeatedly, and did so time and time again over a five-year period.”
Prosecutors noted that the companies suffered during this time because they were forced to cut salaries and they lost some employees as a result of Kharbanda’s conduct, which included attempts to cover up the crimes by preparing phony payroll accounts and summaries.
Kharbanda pleaded guilty in September 2017 to two counts of wire fraud. Soon after entering his guilty pleas and while free on bond, Kharbanda forged a letter and sent it to a potential employer, claiming it was a communication from the court’s Pretrial Services Agency, which supervises defendants who have been freed on bond. The bogus letter claimed that Kharbanda was only a witness – not the defendant – in this case. After Pretrial Services obtained a copy of the letter, Kharbanda admitted he authored the letter and was remanded into custody by Judge Selna in December 2017.
“The illegal and fraudulent conduct of forging the seal and signature of Pretrial Services, creating a counterfeit Pretrial Service letterhead, writing a false statement on that counterfeit document, and hiding his actions from Pretrial Services is the epitome of being untruthful with Pretrial Services,” prosecutors wrote in court documents earlier this year. “In fact, Pretrial Services was able to discover defendant’s illegal conduct only because the employment background investigator contacted Pretrial Services.”
This case was investigated by the United States Secret Service.
This matter was prosecuted by Assistant United States Attorneys Daniel H. Ahn and Gina J. Kong of the Santa Ana Branch Office.
Foreign Service Officer Pleads Guilty to Submitting False Claims to the Department of StateRead the Press Release
Charleston, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Tiffany Thomas, age 34, of Bowie, Maryland, has entered a guilty plea in federal court in Charleston to Submission of False, Fictitious, and Fraudulent Claims, a violation of 18 U.S.C. § 287. United States District Judge Margaret Seymour, of Charleston, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that Thomas submitted false claims while she was employed in the Department of State’s Regional Security Office in Lome, Togo. The funds were managed by the Department of State's Global Financial Services Center in Charleston. As part of the scheme, Thomas submitted forged receipts for expenses related to official travel in the United States and abroad. The Government alleges the claims exceeded $100,000.
Ms. Lydon stated the maximum penalty for Submission of False, Fictitious, and Fraudulent Claims is imprisonment for 5 years, a fine of $250,000, and up to 3 years of supervised release.
The case was investigated by special agents of the Department of State, Office of Inspector General, led by Inspector General Steve A. Linick. Assistant United States Attorney Matt Austin of the Charleston Office is prosecuting the case.
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Felon in Possession of a Firearm SentencedRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Alan Lee Baky, 41, of Bayou La Batre, was sentenced in federal court for his illegal possession of a firearm as a convicted felon. Baky pled guilty to the charge in July of 2018.
United States District Court Judge Callie V. S. Granade imposed a sentence of 46 months imprisonment, and ordered that Baky undergo substance abuse treatment. When Baky is released from custody, he will be required to serve a three-year term of supervised release. No fine was imposed in his case, but he was ordered to pay a $100 special assessment. The judge also ordered that the weapon which Baky illegally possessed would be forfeited to the United States.
The Bayou La Batre Police Department and the Federal Bureau of Investigations conducted the investigation in the case. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria A. Bedwell.
Felon Sentenced for Role in Two Armed Coffee Stand Robberies, Shooting at Pursuing Police OfficerRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that an Anchorage man has been sentenced in federal court for his role in the Sept. 25, 2017, armed robbery of Caffé D’Arte and the attempted armed robbery of Heavenly Cup, which led to a vehicle chase during which defendant shot at one of the pursuing APD vehicles.
Myles Gonangnan, 28, of Anchorage, was sentenced yesterday by U.S. District Judge Sharon Gleason to serve 20 years in prison, followed by five years of supervised release. This sentence resulted from Gonangnan’s February 2018 guilty plea to four charges: (1) conspiracy to commit robbery affecting interstate commerce; (2) robbery affecting interstate commerce; (3) attempted robbery affecting interstate commerce; and (4) using or discharging a firearm during and in relation to a crime of violence.
Gonangnan’s co-defendant, Shane Twigg, 36, of Eagle River, is scheduled to be sentenced on Dec. 5, 2018, at 1:30 p.m. for his role in the offense.
According to court documents, Gonangnan admitted that prior to Sept. 25, 2017, he and Twigg planned to rob Anchorage businesses, planned to use a gun to achieve compliance with their demands for money, and planned to use a combination of a bicycle and vehicle to flee from their crimes. On the morning of Sept. 25, 2017, Twigg called Gonangnan to set the plan in motion. The two met at an apartment Twigg frequented, where Twigg loaded a bicycle into the back of his girlfriend’s Buick SUV. The two then left, armed with a Roger Redhawk .44 caliber pistol.
Gonangnan and Twigg subsequently drove by Caffé D’Arte and decided to rob the coffee stand. Twigg stopped the vehicle a short distance away so that Gonangnan could depart on bike. Twigg then parked his vehicle in a nearby gas station and gave Gonangnan a “thumbs up” signal when he deemed it safe to proceed with the robbery. After receiving the signal, at about 8:22 a.m., Gonangnan biked up to one of the drive-through windows and demanded money from the barista while brandishing a firearm. The barista fearfully gave Gonangnan approximately $1,200.
Just over an hour later, Twigg and Gonangnan attempted to rob another Anchorage coffee stand, the Heavenly Cup, in the same way they robbed Caffé D’Arte. Gonangnan biked up to the drive-through window, and again demanded money and tried to brandish his firearm. Gonanagnan had some difficulty unholstering the firearm, but his attempts to do so frightened the barista, who immediately fled to the back of the stand and called 911. After finally getting the gun unholstered, Gonangnan fled on the bike with no proceeds.
Shortly after the attempted robbery of Heavenly Cup, Anchorage police saw the Buick SUV traveling on Dimond Blvd. The vehicle refused to stop and a chase ensued. After one police vehicle hit the Buick’s back end in an attempt to disable it, Gonangnan shot out of the back of the Buick at the police officer whose vehicle impacted them, hitting the police vehicle multiple times. That police vehicle became disabled, but several others continued to pursue the fleeing Buick. After Twigg drove the Buick the wrong way on a one-way road, police rammed the vehicle again, causing it to crash and disable in a parking lot.
Gonanagnan has a previous felony conviction with the State of Alaska for Burglary in the Second Degree, and was therefore prohibited from possessing a firearm. Gonangnan also has a long history of misdemeanor offenses that were sometimes assaultive or threatening.
At the sentencing hearing, Judge Gleason took into account the seriousness of the offense, including the danger posed to the baristas and their customers, the APD officers, and Anchorage citizens, as well as Gonangnan’s personal and criminal history. Judge Gleason also recommended that BOP place Gonangnan in a facility with strong mental health treatment services, and that Gonangnan avail himself of substance abuse treatment during incarceration. Gonangnan was also ordered to pay $1,200 in restitution to Caffé D’Arte for the money he stole, and $23,929 to the Anchorage Police Department for the repair work that was necessary to restore two police vehicles to service.
The Anchorage Police Department (APD) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation leading to the successful prosecution of this case. This case was prosecuted by Assistant U.S. Attorney Kimberly Sayers-Fay.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Drug Traffickers in Major Cross-Country Conspiracy Sentenced to PrisonRead the Press Release
SAVANNAH, GA: Two Savannah men are facing years in federal prison after being sentenced this week in a cross-country drug-trafficking conspiracy that funneled major amounts of cocaine and marijuana to coastal Georgia.
United States District Court Judge William T. Moore Jr. sentenced Edward “Skip” Tyler, 42, to 168 months in federal prison, and Ron Allen, a/k/a “Ron Low,” 41, to 84 months in prison, to be served consecutive to other criminal convictions in state court, said Southern District U.S. Attorney Bobby L. Christine. There is no parole in the federal system, and after their release from prison Tyler and Allen will be on supervised federal release for three years.
Tyler and Allen were part of an illegal drug trafficking organization distributing cocaine and marijuana in Savannah and beyond. As outlined in court records and in various hearings, marijuana sales were used to finance cocaine purchases, with cash proceeds hidden in candy machines and shipped to hubs in Atlanta and California. Co-conspirators in those areas shipped to Savannah via U.S. Mail and in vehicles with hidden compartments.
Tyler, who has an extensive record of violence, including drug and gun crimes, served as one of the main cocaine traffickers for the organization. During the investigation, officers observed Tyler conducting a cocaine deal in the parking lot of a Savannah business while carrying a female child. He was on state probation at the time; he pled guilty to Possession with Intent to Distribute, and is awaiting sentencing.
Allen, who was on federal court supervision after release from prison on a previous drug trafficking conviction, served as a major marijuana dealer for the organization. He also supervised the transport of money to conspirators in other states and was in frequent contact with his inmate relative and co-conspirator, Eugene Allen, a/k/a “Poncho,” who is alleged to be a ringleader of this organization. Eugene Allen is serving a life sentence for murder in a Georgia Department of Corrections facility and is alleged to have run his organization using phones smuggled into prison.
In addition to Ron Allen’s 84-month sentence for his guilty plea on the charge of Conspiracy to Possess with Intent to Distribute, he is facing revocation of his federal supervised release and additional time in prison.
This investigation culminated in the August 2017 indictments by a federal grand jury that charged 20 defendants with drug trafficking offenses. Most of them have pled guilty. In this investigation, agents seized eight firearms, more than 200 pounds of marijuana, multiple kilograms of cocaine, and hundreds of thousands of dollars.
“This operation exemplifies the united front of state and federal investigators and prosecutors in combatting major drug trafficking organizations,” said United States Attorney Bobby L. Christine. “The lead prosecutor on this case is Special Assistant United States Attorney Noah Abrams, who also serves as a state prosecutor from the Savannah District Attorney’s Office. Abrams worked in a federal capacity along with another federal prosecutor to dismantle this organization, throwing a wide net that not only took down drug traffickers in Savannah but led to the arrests of suppliers in California and Atlanta.”
“Our office appreciates the opportunity to work closely with the U.S. Attorney’s Office in getting these violent offenders off the streets of Savannah,” said District Attorney Meg Heap. “This case is just one example of how agency partnerships can be successful in using the full weight of the law to reduce crime in our community.”
“These sentences are the result of the hard work and cooperation of multiple federal state and local law enforcement agencies, as part of the FBI’s Violent Crimes Task Force,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “As a result, two drug dealers, who were part of a larger organization that spread illicit drugs on our streets, will spend significant time in prison.”
Chatham-Savannah Counter Narcotics Team Director Everett Ragan said, “CNT takes great pride in dismantling drug organizations operating in Chatham County. We equally appreciate our close working partnerships with state and federal counterparts. This operation should serve as a reminder to all drug dealers, large or small, that law enforcement and prosecutors will stand united to ensure our communities are safe.”
This investigation was led by the FBI Southeast Violent Crimes Task Force and the Chatham County Narcotics Team (CNT), with the Savannah Police Department, the Chatham County Sheriff’s Office, the Effingham County Sheriff’s Office, the United States Postal Inspector’s Office, and the United States Marshal’s Service. This case is being prosecuted as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, which is the premier law enforcement unit whose task is to dismantle multi-jurisdictional drug trafficking organizations. This case is being prosecuted by Special Assistant United States Attorney/Assistant District Attorney Noah Abrams, and Assistant United States Attorneys Greg Gilluly and Frank Pennington.
For any questions, please contact Barry Paschal at the United States Attorney’s Office at (912) 652-4422.
Dorchester Man Pleads Guilty to Kidnapping, Loansharking and Illegal GamblingRead the Press Release
BOSTON – A Dorchester man pleaded guilty today in federal court in Boston to kidnapping, loansharking and illegal gambling.
Kim Nguyen, 25, pleaded guilty to kidnapping, conspiracy to collect extensions of credit by extortionate means, and operating an illegal gambling business. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Jan. 10, 2019. In August 2017, Nguyen was indicted along with co-defendants Vinh Huynh, 35; Quang PT Le, 27; and Ban Tran, a/k/a “Bo,” 26, all of Dorchester.
On Nov. 14, 2016, Nguyen, Le, who was armed with a knife, and their co-conspirators kidnapped a victim from the front of the victim’s residence, drove the victim to Dorchester, and beat the victim in an attempt to collect a gambling debt of $40,000. Nguyen, Le, and their co-conspirators released the victim and demanded a payment of $10,000 the next day. That day, the victim went to law enforcement and, under the direction of law enforcement officers, made a series of controlled, recorded payments to Le. Over the course of eight months, the victim made payments totaling $22,350. In August 2017, Nguyen, Le, and others were arrested before the last payment was due.
In May 2018, Le was sentenced to six years in prison and three years of supervised release. Huynh pleaded guilty in December 2017 and is awaiting sentencing. The remaining defendant, Tran, was charged only with operating an illegal gambling business, and is scheduled to plead guilty on Oct. 31, 2018.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Boston Police Commissioner William Gross; and Quincy Police Chief Paul Keenan made the announcement today. The Internal Revenue Service’s Criminal Investigations in Boston and the Massachusetts Department of Correction assisted with the investigation. Assistant U.S. Attorney Timothy E. Moran of Lelling’s Organized Crime and Gang Unit is prosecuting the case.
The remaining defendant charged in this case is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Domestic violence offender sentenced for possessing a sawed-off shotgunRead the Press Release
NEWNAN, Ga. - Robert Bentley Davis was sentenced to federal prison after pleading guilty to possessing a sawed-off shotgun. The Troup County Sheriff’s deputies discovered the weapon in Davis’s residence after responding to a domestic violence call.
“Davis has a history of committing acts of violence, so his possession of an illegal sawed-off shotgun greatly increased the potential for a fatal incident to occur in the home,” said U.S. Attorney Byung J. “BJay” Pak. “Thankfully, through the coordinated work of our federal and local law enforcement partners, this dangerous and violent offender will now serve time in federal prison.”
“Anyone who uses a firearm to intimidate, threaten or terrorize another person poses a significant danger to everyone in our community,” said Special Agent in Charge Arthur Peralta. “ATF is committed to combating violent crime in all its forms. Domestic violence destroys lives, separates families and often times results in significant physical and mental injury to its victims. As a community, we must send a strong message that we will not tolerate this kind of behavior from anyone. Mr. Davis displayed a clear disregard for our laws and his conviction and sentencing is a clear message that this conduct will not be tolerated.”
“The District Attorney’s office expresses our continued appreciation of the Project Safe Neighborhoods (PSN) initiative and values working with the United States Attorney and other participants to keep our communities safe from violent crime,” said Herb Cranford, District Attorney for the Coweta Judicial Circuit. “We sincerely believe this initiative provides our local communities a crucial layer of protection against gun violence. As a result, Robert Bentley Davis, who brutally assaulted his wife while in possession of a sawed-off shotgun, has been brought to justice.”
The Troup County Sheriff’s Office is grateful for the hard work of our investigators and the U.S. Attorney’s Office for their prosecution in this case, said Troup County Sheriff James Woodruff. “Crimes of this nature are very serious and we are dedicated to working with our local, state and federal partners to bring justice.
According to U.S. Attorney Pak, the charges and other information presented in court: On September 12, 2017, Troup County Sheriff’s deputies responded to a residence in LaGrange, Georgia concerning a domestic dispute between Davis and his wife. Upon arrival, the deputies encountered Davis’s wife crying hysterically, and observed heavy bleeding from several areas of her head and severe bruises around her eyes. Davis continued to verbally assault of his wife after the deputies arrived on the scene.
Davis’s wife informed the deputies that her husband was concealing a firearm inside the residence. Officers subsequently recovered a half-cocked, Stevens Model 94C, .410 gauge sawed-off shotgun under a pillow in a couch in the living room. Officers then arrested Davis for the assault of his wife and for his unlawful possession of an unregistered sawed-off shotgun.
Robert Bentley Davis, 60, of LaGrange, Georgia was sentenced to one year in prison, to be followed by three years of supervised release. Davis entered a guilty plea on June 29, 2018, to the offenses of unlawful possession of an unregistered firearm in violation of the National Firearms Act, and unlawful possession of a sawed-off shotgun.
This case was investigated as a part of the Project Safe Neighborhoods (PSN) initiative and exemplifies the collaborative work done by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Troup County Sheriff’s Office, and the Coweta County Judicial Circuit District Attorney’s Office to assist the U.S. Attorney’s Office in the successful prosecution of this case. In keeping with the U.S. Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.
Assistant U.S. Attorney Phyllis Clerk prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Convicted Sex Offender Sentenced to 40 Years in Prison for Plot to Bomb Target StoresRead the Press Release
Ocala, Florida – U.S. District Judge Roy B. Dalton today sentenced Mark Charles Barnett (50, Ocala) to 40 years in federal prison for attempted arson, possession of an unregistered National Firearms Act (NFA) destructive device, and making an unregistered NFA destructive device. A federal jury found Barnett guilty on July 27, 2018.
According to testimony and evidence presented at trial, Barnett offered a confidential source (CS) $10,000 to place improvised explosive bombs inside Target stores along the east coast of the United States. Barnett purchased the bomb components and assembled at least 10 of the destructive devices, which he disguised inside the packaging of common grocery items. Barnett had theorized that the company’s stock would plunge after the explosions, allowing him to cheaply acquire shares of Target stock before an eventual rebound in prices. Barnett told the CS, “If someone has to die so that I can make some money, so be it.”
Barnett delivered the devices to the CS with instructions to put them on the shelves of Target stores from New York to Florida. The CS, however, promptly surrendered the destructive devices to authorities, and Barnett was arrested on February 14, 2017.
Federal explosives experts subsequently determined that the resulting fire and explosion from each of the devices would have been capable of causing property damage, serious injury, and death. Searches of Barnett’s house, cellphone, and computer revealed pictures of the grocery items that he had turned into bombs, as well as leftover bomb components and articles describing stock options.
Barnett, a registered sex offender, had been conditionally released from state prison in 2013, following multiple felony convictions for sexual assault, kidnapping, and grand theft. He was also previously convicted of kidnapping in Mississippi.
“As subject matter experts in explosives, this case represents ATF’s urgency in responding to information that someone would be planning a crime that had the potential to harm numerous people in a retail setting. ATF’s proactive response negated this immediate threat,” said ATF Special Agent in Charge, Daryl McCrary. “This collaborative effort between the Florida Department of Law Enforcement, Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives highlights the importance of immediate communication sharing between law enforcement agencies to ensure public safety.”
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Florida Department of Law Enforcement, the Marion County Sheriff’s Office, the Florida Department of Corrections - Probation and Parole, and the Ocala Police Department. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Columbia Man Sentenced to 30 Years in Connection with 2008 Torture, Robbery, and Murder in AikenRead the Press Release
Columbia, South Carolina---- United States Attorney Sherri A. Lydon stated that Antonio Miller, age 40, of Columbia, South Carolina, was sentenced in federal court to 360 months (30 years) imprisonment, to be followed by 5 years of supervised release. Miller plead guilty last year in connection with the torture, robbery, and murder of Fred Tucker in Aiken. Specifically, Miller plead guilty to using a firearm to commit murder in furtherance of a crime of violence and drug trafficking, kidnapping resulting in death; and conspiring to distribute crack cocaine resulting in death. United States District Judge Mary Geiger Lewis imposed the sentence.
Court hearings revealed that on September 15, 2008, Miller and three co-confederates targeted Fred Tucker to rob him of drugs and drug proceeds to further their ongoing efforts to distribute crack cocaine. Miller and the others drove in a rental car to Tucker’s house in Aiken. Carrying multiple firearms, these four men entered Tucker’s home, subdued and restrained Tucker, binding his hands and feet with duct tape, before repeatedly burning him with a scalding flathead screwdriver. After torturing Tucker in order to learn the location of hidden drugs and drug proceeds, Tucker was fatally shot in the chest. Through the work of local law enforcement, searches of the rental car and Miller’s own residence revealed crack cocaine taken from Tucker and firearms that ballistically matched those used to murder Tucker.
After his co-defendants pleaded guilty, a state-court jury convicted Miller of kidnapping, murder, and related charges before South Carolina Circuit Judge Doyet A. (Jack) Early, III. On appeal in 2016, the South Carolina Supreme Court reversed the conviction. As part of a longstanding history of cooperation with Second Circuit Solicitor Strom Thurmond Jr., federal authorities indicted Miller in 2017. After United States District Judge Lewis denied Miller’s attempts to suppress evidence of the murder, Miller agreed to plead guilty and be sentenced to 30 years in federal prison.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Federal Bureau of Investigation (FBI), the Aiken County Sheriff’s Office, the Richland County Sheriff’s Department, the Aiken Department of Public Safety, the North Augusta Department of Public Safety and the United States Marshal’s Office. Assistant U.S. Attorney J.D. Rowell prosecuted the case, along with assistance from Special Assistant United States Attorney Beth Ann Young of the Second Circuit Solicitor’s Office.
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Collin County Man Sentenced for Mortgage Fraud SchemeRead the Press Release
PLANO, Texas – A 50-year-old Plano, Texas man has been sentenced to federal prison for violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
James Gerard Temme pleaded guilty on Oct. 11, 2017, to wire fraud and was sentenced to 78 months in federal prison on Oct. 16, 2018 by U.S. District Judge Marcia A. Crone. Temme was also ordered to pay restitution in the amount of $2,933,667.48.
According to information presented in court, in 2011, Temme engaged in wire fraud by inducing individuals to invest in a package of mortgages, misrepresenting that he had the ability to sell the package to the investors. Temme provided a forged signature to induce the investment, eventually receiving over $3 million from the investors, when in fact he never actually sold the package of mortgages to the investors. Temme was indicted by a federal grand jury on Sep. 21, 2016 and charged with federal violations.
“White collar theft often hurts victims just as much as thefts that happen with a gun,” said U.S. Attorney Joseph D. Brown. “This was a lot of money. I am proud of the FBI investigators for pursuing it aggressively, and a prison sentence was wholly justified in this case.”
“Mr. Temme, knowingly acted in an unscrupulous and reckless manner to entice many innocent people into making investments that were unsound,” said Eric K. Jackson, FBI Special Agent in Charge of the Dallas Division. “Economic fraud is becoming common place, but we will continue to target the offenders and bring the appropriate charges, while protecting the citizens’ rights to fair and trustworthy services.”
This case was investigated by the Federal Bureau of Investigation and prosecuted by the U.S. Attorney’s Office for the Eastern District of Texas.
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Clinton Man Pleads Guilty to Armed CarjackingRead the Press Release
Jackson, Miss. – Omar Bankhead, of Clinton, pled guilty yesterday before U.S. District Judge Henry T. Wingate to armed carjacking, announced U.S. Attorney Mike Hurst and Special Agent in Charge Christopher Freeze with the Federal Bureau of Investigations.
On April 2, 2017, officers with the Clinton Police Department responded to a carjacking at Mississippi College. The victim reported sitting in the parking deck at Mississippi College when Bankhead entered her 2015 Kia Optima and ordered her out of the vehicle. Officers later recovered the vehicle in Illinois and Bankhead in Iowa.
Bankhead, a previously convicted felon, will be sentenced by Judge Wingate on January 14, 2019, and faces a maximum penalty of fifteen years in prison and a $250,000 fine.
This case was investigated by the Federal Bureau of Investigation and the Clinton Police Department. It is being prosecuted by Assistant United States Attorney Candace Mayberry.
Cleveland man indicted for robbing five banks in August and SeptemberRead the Press Release
A Cleveland man was indicted for robbing five banks in August and September.
Anthony Jones, 59, was indicted on five counts of bank robbery.
He is accused of robbing the following banks: U.S. Bank at 1350 Euclid Ave. in Cleveland on Aug. 27; Huntington Bank at 905 Euclid Ave. in Cleveland on Aug. 30; Fifth Third Bank at 600 Superior Ave. in Cleveland on Sept. 4; Citizen’s Bank at 2175 Warrensville Center Road in University Heights on Sept. 6; and Woodforest National Bank at 3400 Steelyard Drive in Cleveland on Sept. 8.
This case is being prosecuted by Assistant U.S. Attorney Ranya Elzein following an investigation by the Federal Bureau of Investigation, Cleveland Division of Police and University Heights Police Department.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Boise Man Sentenced to 25 Years in Prison on Federal Gun and Drug ChargesRead the Press Release
BOISE – Danny Ray VanZandt, 40, of Boise, was sentenced today to 300 months in prison followed by ten years of supervised release for possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime, U.S. Attorney Bart M. Davis announced. A federal grand jury indicted VanZandt on May 15, 2018.
According to court records, law enforcement used a confidential informant to purchase methamphetamine from VanZandt on two separate occasions. Upon VanZandt’s arrest, officers located seventy grams of methamphetamine and a loaded handgun in his truck. VanZandt has a lengthy criminal history that dates back twenty years and includes two prior controlled substance offenses and numerous parole violations.
This case was investigated by the Treasure Valley Metro Violent Crimes Task Force. The Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; Canyon County Sheriff’s Office; and Idaho Department of Probation and Parole.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Beckley Firefighter Sentenced to PrisonRead the Press Release
BECKLEY, W.Va. – A Beckley firefighter was sentenced today to 8 months in prison for committing mail fraud, announced United States Attorney Mike Stuart. Michael Cowger, 50, fraudulently received over $20,000 from the City of Beckley, West Virginia University, and Beaver Volunteer Fire Department. The sentence was imposed by United States District Judge Irene C. Berger. Stuart commended the investigative efforts of the West Virginia Commission on Special Investigations and the Beckley Police Department.
"As a first responder, Cowger held a position of trust. He abused that trust when he engaged in his fraudulent scheme,” said United States Attorney Mike Stuart. “Although the resulting losses were not overwhelming in value, Cowger’s scheme to defraud was not a one-time occurrence, but rather an extended series of deceptions. Any amount of fraud or deceit committed by those in positions of public trust is always significant.”
Cowger served as a firefighter at the Beckley Fire Department, worked as a part-time instructor for West Virginia University’s College of Engineering and Mineral Resources, and volunteered at the Beaver Fire Department, where he held the position of Fire Chief. Cowger admitted that he submitted reimbursement requests for supplies, travel, and training expenses to those entities, when he knew he had already sought reimbursements for the same expenses or another entity had already paid the expenses. For example, Cowger used his West Virginia University Purchasing Card (“P-Card”), a credit card that WVU paid directly, to purchase gas and rent a vehicle for certain trainings, yet also requested mileage from the City of Beckley for those same trainings, falsely indicating that he used his personal vehicle for the same travel, when in fact he had used a vehicle rented via the P-Card. Cowger also admitted that to complete his scheme, at times he created fictitious and duplicate receipts on his computer. He also admitted that he manipulated his hotel and training reservations and payments at times to ensure that he received two receipts with two different credit card numbers for the same events to conceal from the City of Beckley that he had used a WVU P-Card to pay for the events.
Cowger was ordered to pay restitution in the following amounts: $15,618.47 to the City of Beckley; $5,107.88 to West Virginia University; and $204.85 to the Beaver Volunteer Fire Department.
Assistant United States Attorney Meredith George Thomas handled the prosecution.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Beaumont Residents Guilty in Violent Crime SpreeRead the Press Release
BEAUMONT, Texas – The final defendant in a Jefferson County violent crime spree has pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Darrion Tyrell Kimble, 19, pleaded guilty to Hobbs Act robbery, attempted Hobbs Act robbery and brandishing a firearm in relation to a crime of violence. Kimble appeared before U.S. Magistrate Judge Keith Giblin today for his plea hearing.
Tavori Terrell Jackson, 19, pleaded guilty on Oct. 16, 2018, to two counts of Hobbs Act robbery, attempted Hobbs Act robbery, and discharging a firearm during a crime of violence.
Damien Earl Kimble, 35, pleaded guilty on Aug. 21, 2018, to Hobbs Act conspiracy.
Kamren Terezz Lewis, 19, pleaded guilty on Oct. 10, 2018, to attempted Hobbs Act robbery and Hobbs Act robbery.
According to information presented in court, on July 29, 2017, Jackson, and Darrion Kimble robbed Fertitta's Finer Foods, in Beaumont. Both Jackson and Kimble brandished firearms, with Jackson jumping over the clerk’s counter and demanding money. Later that day, Jackson and Kimble attempted to rob a game room located in Beaumont, but were deterred and fled when a security guard fired three rounds at them. Both Kimble and Jackson brandished firearms during the course of those robberies. In early March 2018, Jackson and Kimble resurfaced, and with the assistance of Lewis and Damien Kimble, attempted to rob a game room in Port Arthur, Texas. During the robbery, Jackson and Lewis, entered the game room and demanded money. In an effort to intimidate patrons and employees of the game room, Jackson fired two rounds into the floor of the game room as Lewis stood as a lookout. Darrion Kimble served as the group’s get-away driver. Later that same day Jackson, Darrion Kimble, Damien Kimble, and Lewis robbed a Dollar General store in Beaumont, Texas. During this robbery, Jackson and Lewis entered the store, with Lewis standing near the door as lookout. Jackson jumped over the counter, brandished a firearm, and demanded money. After his demands were met, Jackson and Lewis fled in different vehicles driven by Damien Kimble and Darrion Kimble. During the investigation it was discovered that on July 26, 2017, Jackson robbed the Sunshine Grocery located in Port Arthur. Jackson brandished a firearm during that robbery.
The Hobbs Act prohibits actual or attempted robbery that has a substantial effect on interstate and foreign commerce by reason of their repetition and aggregate effect on the economy. Under federal statutes, the defendants each face up to 20 years for each robbery violation and a minimum of seven additional years for each firearms violation. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. Sentencing hearings will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the Federal Bureau of Investigation, the Beaumont Police Department, and the Port Arthur Police Department. This case is being prosecuted by Assistant U.S. Attorneys Russell E. James and John B. Ross.
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Ashburn Woman Pleads Guilty to $5 Million FraudRead the Press Release
ALEXANDRIA, Va. – After two days of jury trial, an Ashburn woman pleaded guilty today to wire fraud, money laundering, conspiracy to impersonate a federal agent to demand money, and obtaining confidential phone records.
According to court documents and the evidence at trial, Keisha L. Williams, 43, solicited over $5.4 million from more than 50 victims by telling them that she had paid a lot of money for a certain healthcare-related software overseas in Austria; that the software was being held in “escrow” because she still owed taxes, attorney’s fees, and other debt associated with the purchase; and that if they would just give her a short-term loan to get this software out of escrow and bring it to the United States, the software would be a huge success and everyone would be quickly repaid, with interest.
In truth, Williams spent over 95 percent of the victims’ money on creating a lifestyle of luxury for herself, including millions on international travel, retail purchases at stores like Chanel and Gucci, and close to half a million on maintaining her girlfriend. Williams also recruited others to pose as federal law enforcement agents in order to demand money from several individuals to whom she sent proceeds of the software fraud. Williams recruited still other individuals to purchase private telephone records of one of the extortion victims from T-Mobile retail stores.
Four other individuals entered guilty pleas in connection with this case before trial. See table below for details.
Name, Age
Hometown
Charge(s)
Sentencing
Christian D’Andrade, 69
California
Wire Fraud
December 14
Carla McPhun, 50
Maryland
Wire Fraud
December 10
Arthur Robinson, 53
Manassas
Conspiracy to Impersonate a Federal Agent
December 10
Ruben Gresham, 53
Maryland
Conspiracy to Impersonate a Federal Agent
December 10
Williams faces a maximum penalty of 20 years in prison when sentenced on Jan. 18, 2019. 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 Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after U.S. District Judge Leonie M. Brinkema accepted the plea. Assistant U.S. Attorneys Grace L. Hill and Jack Hanly are prosecuting 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-160.
Appleton Man Indicted on Firearm and Methamphetamine ChargesRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin, announced that on October 10, 2018, a two-count federal indictment was issued against Craig R. Webb (age: 42) of Appleton, Wisconsin.
The indictment alleges that Craig R. Webb possessed in excess of 50 grams of methamphetamine with the intent to distribute the controlled substance and did so while in the possession of a firearm, contrary to Title 18 United States Code, Section 924(c). If convicted of the charges alleged, Webb faces a mandatory 15 year prison sentence and up to a life sentence. Webb will be arraigned on October 19, 2018, in Green Bay federal court.
Project Safe Neighborhoods is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods’ strategy brings together all levels of law enforcement and community resources to reduce violent crime and improve the quality of life in all our neighborhoods.
This case was investigated by the Lake Winnebago Area MEG Unit and the Winnebago County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Daniel R. Humble.
An indictment is only a charge and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove him guilty beyond a reasonable doubt.
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For further information contact:
Public Information Officer Dean Puschnig, (414) 297-1700
Algoma Sex Offender Indicted on Child Pornography ChargesRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin, announced that on October 10, 2018, a federal grand jury returned an indictment against Sean R. Evansen (age: 35) of Algoma, Wisconsin.
According to the indictment, between June 6, 2018, and September 13, 2018, Evansen received and possessed images of child pornography including images of children under 12 years of age. The indictment further reflects that Evansen was convicted on June 19, 2000, in Calumet County Circuit Court, for the crime of First Degree Sexual Assault of a Child.
Evansen faces one charge of receipt of child pornography, contrary to Title 18, United States Code, Section 2252A(a)(2), and possession of child pornography, contrary to Title 18, United States Code, Section 2252A(5)(b). He faces a mandatory minimum sentence of 15 years and up to 40 years of incarceration in federal prison. He is scheduled for arraignment in Green Bay federal court on October 17, 2018.
This case was investigated by the Wisconsin Department of Justice’s ICAC Task Force. It will be prosecuted by Assistant United States Attorney Daniel R. Humble.
An indictment is only a charge and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove him guilty beyond a reasonable doubt.
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For further information contact:
Public Information Officer Dean Puschnig, 414-297-1700
14 Defendants Indicted in Jamestown Methamphetamine RingRead 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 a federal grand jury has returned a 42-count indictment charging 14 defendants with methamphetamine conspiracy. Named in the indictment are:
• Zackiel Fields, Jr.; • Ernest Cauley, Jr., a/k/a L.A., a/k/a Ernie; • Jamell Trapp, a/k/a K.S.; • Ramael Fields; • Stephanie L. Harrison; • Marcus Martin Bowman; • Danny W. Michael, Ill; • Alexis V. Hall; • Destiny J. Hare; • Andrew C. Bennett; • Searcy E. Fields; • Jacob A. Motherwell; • Michael A. Davis; and
• Stacie N. YancerThe charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine. Some defendants are also facing other charges including: possession with intent to distribute, and distribution of, methamphetamine; using and maintaining a drug-involved premises; possession of firearms in furtherance of drug trafficking; and being a felon in possession of a firearm and ammunition.
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that according to the indictment and a previously filed complaint, the defendants are accused of operating a drug trafficking organization, primarily involving methamphetamine, in the Jamestown area, since March 2017.
During the execution of search warrants throughout the investigation, law enforcement officers recovered 10 firearms and multiple rounds of ammunition, over 20 cellular telephones, drug paraphernalia, and U.S. currency.
The defendants were arraigned before U.S. Magistrate Judge Michael J. Roemer. Defendants Danny W. Michael III, Destiny J. Hare, Andrew C. Bennett, Searcy E. Fields, Michael A. Davis, Stacie N. Yancer, Ramael O. Fields, Jamell Trapp, and Zackiel Fields, Jr. are being detained. Defendants Marcus Martin Bowman, Ernest Cauley, Jr., Jacob A. Motherwell, Alexis V. Hall, and Stephanie Harrison were released on conditions.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the Jamestown Police Department, under the direction of Chief Harry Snellings.
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.
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16 October 2018
Woodall Man Pleads Guilty to Firearm, Ammunition Possession by Illegal AlienRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Baudel Lopez-Rodriguez, age 41, of Woodall, Oklahoma, entered a guilty plea to Illegal Alien In Possession of Firearm and Ammunition, in violation of Title 18, United States Code, Sections 922(g)(5)(A) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.
The Indictment alleged that on or about December 2, 2016, within the Eastern District of Oklahoma, the defendant, then being an alien illegally and unlawfully in the United States, did knowingly possess in and affecting commerce, firearms and ammunition which had been shipped and transported in interstate commerce.
The charges arose from an investigation by the Cherokee County Sheriff’s Office, Immigration and Customs Enforcement of the Department of Homeland Security, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Christopher Wilson represented the United States.
Wilkinsburg Man Pleads Guilty in Scheme to Distribute Heroin and Fentanyl AnalogueRead the Press Release
PITTSBURGH - A resident of Wilkinsburg, Pennsylvania, pleaded guilty in federal court to a charge of conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin and a fentanyl analogue, United States Attorney Scott W. Brady announced today.
Termane Thomass Eleam, age 32, pleaded guilty to one count before United States District Judge Nora Barry Fischer.
In connection with the guilty plea, the court was advised that Eleam conspired with other individuals to possess with intent to distribute over 100 grams of heroin and furanyl fentanyl, an analogue of fentanyl.
The Court was further advised that on November 3, 2016, Department of Homeland Security, the Pennsylvania State Police, and the Monroeville Police executed a search warrant on Rooms 238 and 305 of the Days Inn, located in Monroeville, Pennsylvania. During the search of Room 238, investigators seized suspected heroin, gloves, and distribution paraphernalia, including packaging materials, blenders, and multiple cell phones. Wilfredo Torres and Donte Spence were in Room 238. A cousin of Eleam was in Room 305 bagging the suspected heroin in exchange for payment. The drugs recovered from both rooms tested positive for a total of approximately 200 grams of furanyl fentanyl and heroin.
Eleam had departed the Days Inn just prior to the execution of the search warrant, and returned to the hotel as the search warrant was being executed. When officers searched both his person and vehicle following the execution of the search warrant, a small amount of marijuana and related paraphernalia were recovered.
Judge Fischer scheduled sentencing for March 7, 2019. The law provides for a maximum total sentence of not less than 20 years in prison, a fine of $20,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court continued Eleam’s bond.
Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.
The Department of Homeland Security, the Pennsylvania State Police and the Monroeville Police Department conducted the investigation that led to the prosecution of Eleam.
Universal American Mortgage Company, LLC, Agrees to Pay $13.2 Million to Resolve False Claims Act Allegations Related to FHA Mortgage InsuranceRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Universal American Mortgage Company, LLC (UAMC) has agreed to pay the United States $13.2 million to resolve allegations that it violated the False Claims Act by falsely certifying that it complied with Federal Housing Administration (FHA) mortgage insurance requirements in connection with certain mortgages. UAMC is a mortgage lender headquartered in Miami, Florida, doing business across the country, including in the Eastern District of Washington.
The United States alleged that between January 1, 2006, and December 31, 2011, UAMC knowingly submitted loans for FHA insurance that did not qualify. The United States further alleged that UAMC improperly incentivized underwriters and knowingly failed to perform quality control reviews, which violated HUD requirements and contributed to UAMC’s submission of defective loans.
During the period covered by the settlement, UAMC participated as a direct endorsement lender (DEL) in the U.S Department of Housing and Urban Development’s (HUD’s) FHA insurance program. A DEL has the authority to originate, underwrite and endorse mortgages for FHA insurance. If a DEL approves a mortgage loan for FHA insurance and the loan later defaults, the holder of the loan may submit an insurance claim to HUD, FHA’s parent agency, for the losses resulting from the defaulted loan. Under the DEL program, the FHA does not review a loan for compliance with FHA requirements before it is endorsed for FHA insurance. DELs are therefore required to follow program rules designed to ensure that they are properly underwriting and certifying mortgages for FHA insurance and to maintain a quality control program that can prevent and correct deficiencies in their underwriting practices.
“Mortgage lenders may not ignore material FHA requirements designed to reduce the risk that borrowers will be unable to afford their homes and federal funds will be wasted,” said Assistant Attorney General Joseph H. Hunt for the Justice Department’s Civil Division. “We will hold accountable entities that knowingly fail to follow important federal program requirements.”
United States Attorney Harrington said, “FHA mortgages are vital to first-time homebuyers and to families whose credit and assets were damaged by the 2008 economic crisis. FHA underwriting and other requirements are critical to safeguarding the integrity of the public money used to operate this important program. We will continue to work with our law enforcement partners to ensure that mortgage lenders and others who profit from this program, while ignoring its rules, will be held accountable.”
“In a quest for profits, mortgage companies have ignored important lending standards” said U.S. Attorney for the Western District of Washington, Annette L. Hayes. “Not only does this harm the borrowers leaving them over their heads in debt and underwater on their mortgages, it harms taxpayers because the mortgages are backed by government insurance. This settlement should serve as a warning to other lenders to diligently follow the rules.”
“One of our principal responsibilities is to protect and ensure the integrity of federal housing programs for the benefit of all Americans,” said Jeremy M. Kirkland, Acting Deputy Inspector General, U.S. Department of Housing and Urban Development, Office of Inspector General. “This settlement demonstrates our resolve and should signal to irresponsible lenders that this conduct will not be tolerated.”
“FHA depends upon the lenders we do business with to apply our standards and to truthfully certify that they’ve done so,” said David Woll, HUD’s Deputy General Counsel for Enforcement. “Working with our federal partners, HUD will enforce these lending standards so we can protect families from preventable foreclosure and to protect FHA from unnecessary losses.”
The settlement resolves allegations originally brought by Kat Nguyen-Seligman, a former employee of a related UAMC entity, in a lawsuit filed under the whistleblower provisions of the False Claims Act, which allows private parties to bring suit on behalf of the federal government and to share in any recovery. The whistleblower will receive $1,980,000 as her share of the federal government’s recovery in this case.
This matter was handled on behalf of the government by the Justice Department’s Civil Division, the U.S. Attorney’s Offices for the Eastern District of Washington and Western District of Washington, the Department of Housing and Urban Development, and the Department of Housing and Urban Development’s Office of the Inspector General. Assistant United States Attorneys Dan Fruchter and Tyler H.L. Tornabene investigated UAMC’s conduct on behalf of the U.S. Attorney’s Office for the Eastern District of Washington. The case is captioned United States ex rel. Kat Nguyen-Selgiman v. Lennar Corporation, Universal American Mortgage
Company, LLC, and Eagle Home Mortgage of California, Inc., 14-cv-1435 (W.D. Wash.). The claims resolved by this settlement are allegations only, and there has been no admission of liability.
Tyler County woman admits to drug distributionRead the Press Release
WHEELING, WEST VIRGINIA – Desiree Morgan, of Paden City, West Virginia, has admitted to distributing methamphetamine, United States Attorney Bill Powell announced.
Morgan, age 23, pled guilty to one count of “Distribution of Methamphetamine.” Morgan admitted selling methamphetamine in February 2017 in Tyler County.
Morgan faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Robert H. McWilliams, Jr., and Shawn M. Adkins are prosecuting the case on behalf of the government. The Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Marshall County Drug and Violent Crimes Task Force, a HIDTA-funded initiative; the West Virginia State Police; the Tyler County Sheriff’s Office; the Wetzel County Sheriff’s Office; the Sistersville Police Department; the Paden City Police Department; and the New Martinsville Police Department investigated. The Columbus, Ohio, Police Department Gang Crimes Unit assisted in the case.
The investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Senior U.S. District Judge Frederick P. Stamp, Jr., presided.
Two Men Indicted for Theft of 366 Firearms from UPS FacilityRead the Press Release
Memphis, TN – On October 11, 2018, a federal grand jury indicted two men for firearms theft from a UPS facility. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the indictment today.
According to the charging instrument, on September 30, 2018, Roland Jackson, 18, of Chicago, Illinois and Taveyan Turnbo did knowingly transport and ship stolen firearms from Tennessee to Illinois, in violation of Title 18, United States Code, Section 922 (i).
On September 26, Roland Jackson and a person unknown in Illinois purchased a U-Haul van with stolen identification. On September 29, 2018, Roland Jackson and Taveyan Turnbo traveled to Tennessee from Illinois. The next day, September 30, 2018, the defendants stole 366 firearms from a shipping facility in Tennessee and transported the stolen firearms in the rented U-Haul van to Illinois.
U.S. Attorney D. Michael Dunavant said, "Cargo theft from shipping facilities that interrupts and threatens interstate commerce must be dealt with swiftly and certainly. Cargo theft of hundreds of firearms is especially dangerous, and threatens the lives of countless citizens. We are thankful that all of the stolen firearms were recovered due to the quick action and outstanding investigation by local and federal law enforcement, and we appreciate the coordination and partnership with the U.S. Attorney’s Office for the Northern District of Illinois in this disturbing case. Interstate trafficking of stolen firearms will be met with aggressive prosecution in order to protect public safety."
Count 1 charges Roland Jackson and Taveyan Turnbo knowingly conspired and agreed with each other and with other unknown individuals to transport and ship stolen firearms from Tennessee to Illinois, in violation of Title 18, United States Code, Section 371.
Count 2 charges Roland Jackson and Taveyan Turnbo knowingly transported and shipped interstate commerce from Tennessee to Illinois, specifically, 322 different Ruger .380
caliber pistols and 44 different Ruger .22 LR caliber pistols, in violation of Title 18, United States Code, Sections 922 (i) and 2.
Count 3 charges Roland Jackson and Taveyan Turnbo knowingly possessed stolen firearms, specifically, 322 different Ruger .380 caliber pistols and 44 different Ruger .22 LR caliber pistols, which had been shipped and transported in interstate commerce.
Count 4 charges Roland Jackson as a convicted felon knowingly possessed stolen firearms affecting interstate commerce, specifically, 322 different Ruger .380 caliber pistols and 44 different Ruger .22 LR caliber pistols, violation of Title 18, United States Code, Section 922 (g)(1).
If convicted, the defendants face a mandatory minimum sentence of up to 10 years imprisonment, $250,000 fine and 3 years supervised release. Both defendants have been taken into custody, and are being detained pending trial.
This case was investigated by the ATF; FBI Cargo Theft Task Force; Midlothian, Illinois Police Department and the Memphis Police Department, during which all of the stolen firearms were safely and successfully recovered.
Assistant U.S. Attorney Marques Young is prosecuting this case on the government’s behalf.
The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Tucker County man admits to methamphetamine distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – Michael Brooks Ketterman, of Hambleton, West Virginia, has admitted to distributing methamphetamine, United States Attorney Bill Powell announced.
Ketterman, age 31, pled guilty today to one count of “Possession with Intent to Distribute Methamphetamine.” Ketterman admitted to possessing more than five grams of methamphetamine, also known as “Ice,” in Randolph County in September 2017.
Ketterman faces up to 40 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the cases on behalf of the government. The Mountain Region Drug & Violent Crimes Task Force, a HIDTA-funded initiative, and the Elkins Police Department investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Trafford Man Gets Jail Time for Defrauding the U.S. Railroad Retirement BoardRead the Press Release
PITTSBURGH, PA – A resident of Trafford, Pennsylvania, has been sentenced in federal court to six months in prison, followed by three years of supervised release, on his conviction of theft of government funds, United States Attorney Scott W. Brady announced today.
United States District Judge Mark R. Hornak imposed the sentence on Warren Robb, 58.
According to information presented to the court, Robb applied in 2010 for "total and permanent" disability benefits from the U.S. Railroad Retirement Board. Robb never notified the Board that his medical condition had improved or that he had performed work for any employer, and certified again in December 2016 that his disability prevented him from working. Robb in fact worked as a short-order cook at a restaurant in Level Green, Pennsylvania from October 2015 to February 2017. Starting in November 2015, Robb intentionally received and converted RRB disability benefits totaling approximately $57,821.68 to which he knew he was not entitled. Robb has a prior federal conviction from 2010 for making false statements to obtain unemployment benefits from the RRB.
Prior to imposing sentence, Judge Hornak stated that the sentence imposed was justified due to the seriousness of the offense conduct and the defendant’s prior criminal convictions.
Assistant United States Attorney Adam N. Hallowell prosecuted this case on behalf of the government.
United States Attorney Brady commended the Railroad Retirement Board, Office of Inspector General for the investigation leading to the successful prosecution of Warren Robb.
Tonawanda Man Pleads Guilty to Selling FentanylRead 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 Patrick Washington, Jr., 34, of Buffalo, NY, pleaded guilty before Judge U.S. Magistrate Judge H. Kenneth Schroeder to possession with intent to distribute butyryl fentanyl. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that beginning in March 2018, the Town of Tonawanda Police Department began investigating the narcotics distribution activities of the defendant. Investigators conducted three controlled purchases of suspected heroin from defendant between March and April of 2018. Laboratory testing confirmed the presence of butyryl fentanyl, buprenorphine, and butyryl fentanyl.
Subsequently, on May 2, 2018, the Drug Enforcement Administration executed a federal search warrant at Washington’s residence at 76 Bellah Place in Tonawanda, and recovered a quantity of a suspected controlled substance. Testing determined that the controlled substance was butyryl fentanyl.
The plea is the result of an investigation by the Town of Tonawanda Police Department, under the direction of Chief Jerome C. Uschold III, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt.
Sentencing will be scheduled at a later date.
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The U.S. Attorney's Office Welcomes More Federal ProsecutorsRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon announced and welcomed Assistant United States Attorneys Kathleen Stoughton and Elliott Daniels to her staff this week.
Katie Stoughton graduated from the South Carolina Honors College at the University of South Carolina and The George Washington University Law School. She previously served as a law clerk to the Honorable Dennis W. Shedd on the United States Court of Appeals for the Fourth Circuit and the Honorable Terry L. Wooten, Chief Judge of the United States District Court for the District of South Carolina. Prior to joining the U.S. Attorney’s Office, she served as Counsel to United States Senator Lindsey O. Graham on the Senate Committee on the Judiciary. Katie will join the Appellate Division.
Elliott Daniels obtained his undergraduate and law degrees from The George Washington University and studied law at Oxford University, where he received a diploma in international and human rights law. Prior to law school, he worked abroad and in Washington, D.C., in the international human rights field. Elliott most recently worked as a civil defense attorney at Murphy & Grantland, P.A. in Columbia, where he led the firm’s practice group representing survivors of trafficking. He will join the Criminal Division with a focus on Violent Crime.
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Texas Man Pleads Guilty to Federal Drug Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Robert Isaac Banda, 29, of El Paso, Texas, pled guilty today in federal court in Las Cruces, N.M., to a methamphetamine trafficking offense arising out of the seizure of more than two pounds of methamphetamine at a U.S. Border Patrol checkpoint in southern New Mexico in Aug. 2018.
U.S. Border Patrol agents arrested Banda on Aug. 9, 2018, after seizing approximately 1.16 kilograms (2.56 pounds) of methamphetamine concealed on Banda’s body. According to the complaint, the agents found the methamphetamine after conducting a search on Banda’s person and his vehicle at the U.S. Border Patrol checkpoint on Highway 70 in Alamogordo, N.M.
During today’s proceedings, Banda pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Banda admitted that on Aug. 9, 2018, he entered a U.S. Border Patrol checkpoint in Otero County, N.M., where he consented to a canine search of his vehicle and pulled into the secondary inspection area. Banda admitted that as he got out of his vehicle, the agents noticed a bulge in his pants and subsequently found approximately 1.16 kilograms of methamphetamine concealed on his body. Banda further admitted that he intended to transport the methamphetamine from Mexico to Roswell, N.M., where he intended to distribute the drugs to others.
At sentencing, Banda faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison. Banda remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol station in Alamogordo. Assistant U.S. Attorney Mark A. Saltman is prosecuting the case.
Stop & Shop Supermarkets to Address ADA Compliance in All SupermarketsRead the Press Release
PROVIDENCE - Stop & Shop Supermarket Company LLC has entered into a settlement agreement with the United States, requiring it to undertake steps to address accessibility issues at check-out aisles at all of its 400 stores and bring them into compliance with the American with Disabilities Act (ADA), announced United States Attorney for the District of Rhode Island Stephen G. Dambruch.
This agreement to address accessibility compliance issues follows an investigation and findings by the United States Attorney’s Office for the District of Rhode Island under Title III of the ADA, which prohibits discrimination on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation. Although it is a private entity, Stop & Shop’s grocery stores are places of “public accommodation” within the meaning of Title III of the ADA.
The Government’s investigation resulted from a complaint by a Rhode Island resident that, in three local supermarkets, Stop & Shop failed to (a) provide an adequate number of accessible check-out aisles; (b) keep open at least one accessible staffed check-out aisle during store hours; and (c) have credit card readers in accessible check-out aisles that are located at an accessible height for customers who use wheelchairs.
The United States’ investigation determined that Stop & Shop failed to keep at least one staffed accessible check-out aisle open during store hours at multiple Rhode Island locations. The investigation also determined that many Stop & Shop locations in Rhode Island did not fully comply with technical requirements of the ADA. During the course of the investigation, Stop & Shop made voluntary modifications to the accessible check-out aisles and credit card readers at all 26 of its Rhode Island stores.
Under the Settlement Agreement between the United States Attorney’s Office and Stop & Shop, Stop & Shop is obligated to take steps at all of its stores, in Rhode Island and across the country, to improve access to its check-out aisles for individuals with disabilities. Stop & Shop has also agreed to revise its policies, procedures, and training, and to perform audits of all of its grocery stores nationwide. Stop & Shop currently operates more than 400 stores throughout Rhode Island, Massachusetts, Connecticut, New Jersey, and New York.
As part of the settlement, Stop & Shop has also agreed to pay $6,500 to the Complainant and a $25,000 civil penalty to resolve this matter.
The investigation and resolution were handled by Assistant U.S. Attorney Amy R. Romero and United States Attorney’s Office investigator David Neill.
The U.S. Attorney’s Office for the District of Rhode Island is committed to investigating alleged violations of the Americans with Disabilities Act. Those interested in learning more about architectural barriers to access under the Americans with Disabilities Act may access www.ada.gov, visit the web site of the United States Attorney’s Office for the District of Rhode Island at www.justice.gov/usao-ri/civil-rights-enforcement, or call the Department of Justice’s toll-free information line at (800) 514-0301 or (800) 514-0383 (TTY). Information about filing a complaint, including instructions for filing a complaint online, can be found at www.ada.gov/filing_complaint.htm..
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