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Thursday 6 September 2018
ADX Inmate Sentenced for Hiding Contraband on His PersonRead the Press Release
DENVER – Shawn Shields, age 45, and a resident of United States Penitentiary -- Administrative Maximum (ADX) in Florence, Colorado, was sentenced yesterday by U.S. District Court Judge Robert E. Blackburn to serve 37 months in federal prison, to run consecutive to his existing sentence for Second Degree Murder. After completing his prison sentence, Judge Blackburn ordered Shields to serve 3 years on supervised release. The defendant, who appeared at the sentencing hearing in custody, was remanded at its conclusion. The announcement was made by U.S. Attorney Bob Troyer in conjunction with the U.S. Bureau of Prisons Special Investigative Services.
Shields was first indicted on May 5, 2015. After lengthy litigation the defendant participated in a jury trial that started on February 20, 2018. The trial lasted three days, when the jury found the defendant guilty of possessing contraband in prison, namely two homemade weapons known as shanks. He was sentenced yesterday, September 5, 2018.
According to court records as well as statements and testimony given during trial, on March 18, 2015, Shields was incarcerated at ADX in Florence, Colorado. Specifically, he was housed in the J-Unit, a step-down unit at ADX. That morning, Shields and another inmate were working out on the lower tier of the J-Unit. Another inmate was standing near them, but speaking to another inmate through his closed cell door. A correctional officer heard a confrontation between the inmate speaking at the closed cell yelling “come here and I’ll break your jaw” to someone. Inmates started to flee, when Shields quickly walked to his cell where he knelt down and appeared to retrieve an item from a rolled up towel. He then discretely tucked the item into his waistband, and continued to pace the upper tier of the housing unit. After a few minutes the defendant and the inmate involved in the confrontation engaged in a prolonged and casual conversation on the upper level of the housing unit. The unit was shortly thereafter locked down.
Later that morning, investigators from the Special Investigative Services Department, began to conduct an investigation. Inmates involved in the incident were sent through a SecurPASS machine, which is a whole body scanner. When it was Shield’s turn to be scanned, the first few scans showed an object within the lower abdominal area of the defendant’s body. A correctional officer ordered another scan of Shields, this time with his arms raised higher. The object was still visible on the scan. Shields told the officer “if you show it to me on the screen, I will give it up to you.” Upon viewing the image, the defendant was taken into a separate location. There he reached his hand down his pants, and retrieved an unknown object from his rectum. The object, which was covered in blood and feces, was deposited in a plastic bag. After documenting the new found object, it was unwrapped and photographed. It became clear that the unknown object was actually a homemade weapon, commonly referred to as a shank. There was a larger weapon that measured 4.5 inches. There was also a smaller weapon, resembling a razor blade, measuring 1.5 inches.
This case was investigated by the U.S. Bureau of Prisons Special Investigative Services Department. The defendant was prosecuted by Assistant U.S. Attorney Valeria Spencer and Special Assistant U.S. Attorney Clay Cook.
Wednesday 5 September 2018
Virginia Resident Sentenced to 9 Years in Prison for Robbery of a Gas Station in Nashville, IllinoisRead the Press Release
Jordan T. Macbeth, 19, a resident of Culpepper, Virginia, was sentenced today in federal court for robbing the BP gas station in Nashville, Illinois. During the January 31 robbery, Macbeth brandished a loaded firearm and pointed it at the clerk. He was later caught, charged, and convicted after pleading guilty to a two-count federal indictment.
Macbeth received a nine-year sentence – two years for committing a robbery affecting interstate commerce (known as a Hobbs Act robbery) and an additional seven years for brandishing a firearm during a crime of violence. Macbeth was also ordered to serve a three-year term of supervised release and to pay the gas station $461.79 in restitution.
The case was investigated by the Nashville, Illinois, Police Department, the Washington County, Illinois, Sheriff’s Office, the United States Army Criminal Investigations Command, and the Federal Bureau of Investigation. The case was prosecuted byAssistant United States Attorney Angela Scott.
Virginia Man Indicted for Producing Child PornographyRead the Press Release
A federal grand jury in Alexandria, Virginia returned an indictment today charging a Hamilton, Virginia man with production of child pornography.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia, and Assistant Director in Charge Nancy McNamara of the FBI’s Washington Field Office, made the announcement.
According to court documents, in November 2017, Logan Roy McCauley, 25, drove to West Virginia, picked up a minor female he had met online, and drove her to his residence in Hamilton. The minor female’s family reported her missing, and law enforcement was able to locate her at McCauley’s residence by tracing Internet activity associated with one of the minor female’s social media accounts. McCauley admitted to law enforcement that he had engaged in sexual intercourse with the minor and had used his Apple iPhone to record one of the sexual encounters.
The case is being investigated by the FBI Washington Field Office’s Child Exploitation and Human Trafficking Task Force, which is comprised of agents of the FBI, U.S. Marshals, and detectives from the Prince William County Police, Fairfax County Police, Loudoun County Sheriff’s Office, Metropolitan Police, Alexandria City Police, Arlington County Police, Leesburg Police, Virginia State Police and the Offices of Inspector General of several federal agencies. The Loudoun County Sheriff’s Office also assisted in the investigation. Trial Attorney Gwendelynn Bills of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Alexander Berrang of the Eastern District of Virginia are prosecuting the case.
The charges in the indictment are merely allegations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Verdigre Man Sentenced for Tax EvasionRead the Press Release
United States Attorney Joe Kelly announced today that on August 31, 2018, United States District Court Judge Robert F. Rossiter, Jr., sentenced Daniel Kinnison, age 63, of Verdigre, Nebraska, for his conviction for tax evasion. Kinnison was sentenced to eighteen months’ imprisonment, a three-year term of supervised release, and ordered to pay restitution in the amount of $607,210 to the IRS. During the years 2002 through 2005 the Defendant, a participant in multi-level marketing companies, evaded the payment of Federal Income Taxes totaling more than $607,000 by concealing and placing his assets including real estate and salaried income in other individuals’ names in order to defeat the IRS’s ability to collect on said taxes. Additionally, he falsely stated to the IRS that he had no income generating employment during the period 2009 to the Present.
Karl Stiften, Special Agent in Charge of IRS Criminal Investigations, said, “Today’s sentence is a reminder that there are substantial consequences for this type of criminal behavior.”
This case was investigated by the Criminal Investigation Division of the IRS.
U.S. Attorney Recognizes Fresno County District Attorney’s Office and Bakersfield Police Detective’s Contributions to the Mission of the U.S. Attorney’s Office and Department of JusticeRead the Press Release
FRESNO, Calif. — U.S. Attorney McGregor W. Scott is pleased to announce two winners of the Eastern District of California Law Enforcement Awards, recognizing the outstanding professionalism and dedicated public service of our local and state law enforcement partners. These awards, presented annually to a law enforcement agency and an officer in each of the Sacramento and Fresno divisions of the Eastern District of California, recognize outstanding collaboration between federal, state, and local law enforcement in addressing public safety issues in this region.
The winner of the Fresno division’s Outstanding Investigator Award is Detective Robert Pair of the Bakersfield Police Department for his outstanding work as case agent for Operation Blind Mice, a multi-agency investigation into Bakersfield’s West Side Crips gang. Detective Pair was instrumental in obtaining federal indictments against 11 West Side Crips members or associates as well as state charges against approximately 30 individuals for crimes ranging from burglary to murder. He helped draft wire applications, monitored wires, and conducted associated investigations. As a member of the Bakersfield Police Department’s gang squad, Detective Pair brought an extensive knowledge of the West Side Crips gang to the investigation that the other investigators relied upon repeatedly.
The winner of the Fresno division’s Outstanding Law Enforcement Agency Award is the Fresno County District Attorney’s Office for its contributions to law enforcement in the Central Valley. In recent years, that office and the U.S. Attorney’s Office have worked together closely as partners to tackle the violent gang problem in Fresno County, including MS-13, as well as on other major cases and outreach efforts. Not only is the Fresno County District Attorney’s Office a reliable partner in Project Safe Neighborhood, a national program to reduce violent crime, it has been an effective partner in investigating and prosecuting child pornography and sexual exploitation cases.
U.S. Attorney Scott stated, “Both winners of this year’s award have demonstrated a deep commitment to collaborating with our office and other federal, state and local partners to work toward the mutual goal of public safety. Detective Pair’s tireless work has made Bakersfield a safer place for its residents. The open lines of communication between our office and the District Attorney’s Office have ensured that our violent-crime fighting efforts are maximized. We are grateful to their continued partnership in our joint effort to make Fresno County a safer place to live.”
Two Mexican Nationals Charged in $10 Million Marijuana Grow OperationRead the Press Release
KANSAS CITY, Mo. – Two Mexican nationals were charged in federal court today for their roles in a Daviess County, Mo., marijuana-growing operation where law enforcement officers seized nearly $10 million worth of plants.
Sergio Medina-Perez, also known as “Chapo,” 44, and Miguel Pulido-Maldonado, also known as “Mona,” 27, were charged in a criminal complaint filed in the U.S. District Court in Kansas City, Mo. Both men are citizens of Mexico who were living in California prior to coming to Missouri.
Today’s federal criminal complaint charges Medina-Perez and Pulido-Maldonado with manufacturing and distributing 1,000 or more marijuana plants.
The owners of the three real estate tracts that comprise the property in Daviess County live in California. Law enforcement officers, who had been keeping the marijuana grow site under surveillance, executed a search warrant at the property on Aug. 27, 2018. The plants were in a clearing inside a large area of timber. A distinct path led from a building in the wooded area to the area containing the marijuana plants. One person who was present at the marijuana grow site fled into the wooded area and escaped.
Officers located approximately 2,464 cultivated marijuana plants. With an approximate street value of $1,800 per pound of marijuana, this results in approximately $9,757,440 in marijuana plants seized.
Medina-Perez was arrested near the grow site on Aug. 29, 2018. Pulido-Maldonado was arrested on Aug. 30, 2018; he was covered in mud, his arms had numerous bites from either mosquitos or other insects and it appeared he had been outside for several days. Medina-Perez and Pulido-Maldonado have been held on immigration detainers since their arrests.
The charge contained in this complaint is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Brad K. Kavanaugh. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Northwest Missouri Drug Task Force, the Missouri State Highway Patrol, the Daviess County, Mo., Sheriff’s Department, the Grundy County, Mo., Sheriff’s Department, the Buchanan County, Mo., Sheriff’s Department, the Livingston County, Mo., Sheriff’s Department, the Drug Enforcement Administration and the Department of Homeland Security.
Two Individuals Associated with a Mental Health Company Plead Guilty to Health Care Fraud and Tax EvasionRead the Press Release
Two individuals associated with a mental health company pleaded guilty to health care fraud related to the submission of false claims to Medicaid and tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman and U.S. Attorney Matthew G.T. Martin for the Middle District of North Carolina.
Haydn Thomas, 44, formerly of Durham, North Carolina, pleaded guilty today to one count of making a false statement relating to health care matters and one count of tax evasion. Catinia Farrington, 44, also formerly of Durham, pleaded guilty yesterday to one count of health care fraud conspiracy and one count of tax evasion.
According to documents and information provided to the court, Farrington owned Durham County Mental Health and Behavioral Health Services, LLC (“DCMBHS”) in Durham. Farrington submitted false claims to Medicaid for mental health services that were not performed. From 2011 through 2015, Farrington submitted thousands of false claims to Medicaid that resulted in Medicaid paying approximately $4 million to DCMBHS. Also during the relevant period, Thomas worked as the practice manager for an oral surgeon and provided Farrington with name and Medicaid number of a dental patient, causing the filing of a false medical claim.
Farrington and Thomas diverted millions of dollars from DCMBHS for their own personal use and evaded income taxes by, among other things, transferring money to various business bank accounts and paying personal expenses from the business bank accounts.
The sentencing hearing for Farrington has been set for February 15, 2019. The sentencing hearing for Thomas has been set for February 21, 2019. Farrington faces a statutory maximum sentence of 10 years in prison for conspiracy to commit health care fraud and five years in prison for tax evasion. Thomas faces five years in prison for making a false statement relating to health care matters and five years in prison for tax evasion. Farrington and Thomas also face a period of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Martin commended special agents of the Internal Revenue Service, the U.S. Department of Health and Human Service, Office of Inspector General, and the Medicaid Investigations Division of the North Carolina Attorney General’s Office (MID), who conducted the investigation, and Assistant U.S. Attorney Robert Hamilton, Trial Attorney Mara Strier of the Tax Division, and Special Assistant U.S. Attorney Michael Heavner of MID, who are prosecuting the case.
Two Individuals Associated with A Mental Health Company Plead Guilty to Health Care Fraud and Tax EvasionRead the Press Release
WASHINGTON - Two individuals associated with a mental health company pleaded guilty to health care fraud related to the submission of false claims to Medicaid and tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman and U.S. Attorney Matthew G.T. Martin for the Middle District of North Carolina.
Haydn Thomas, 44, formerly of Durham, North Carolina, pleaded guilty today to one count of making a false statement relating to health care matters and one count of tax evasion. Catinia Farrington, 44, also formerly of Durham, pleaded guilty yesterday to one count of health care fraud conspiracy and one count of tax evasion.
According to documents and information provided to the court, Farrington owned Durham County Mental Health and Behavioral Health Services, LLC (“DCMBHS”) in Durham. Farrington submitted false claims to Medicaid for mental health services that were not performed. From 2011 through 2015, Farrington submitted thousands of false claims to Medicaid that resulted in Medicaid paying approximately $4 million to DCMBHS. Also during the relevant period, Thomas worked as the practice manager for an oral surgeon and provided Farrington with name and Medicaid number of a dental patient, causing the filing of a false medical claim.
Farrington and Thomas diverted millions of dollars from DCMBHS for their own personal use and evaded income taxes by, among other things, transferring money to various business bank accounts and paying personal expenses from the business bank accounts.
The sentencing hearing for Farrington has been set for February 15, 2019. The sentencing hearing for Thomas has been set for February 21, 2019. Farrington faces a statutory maximum sentence of 10 years in prison for conspiracy to commit health care fraud and five years in prison for tax evasion. Thomas faces five years in prison for making a false statement relating to health care matters and five years in prison for tax evasion. Farrington and Thomas also face a period of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Martin commended special agents of the Internal Revenue Service, the U.S. Department of Health and Human Service, Office of Inspector General, and the Medicaid Investigations Division of the North Carolina Attorney General’s Office (MID), who conducted the investigation, and Assistant U.S. Attorney Robert Hamilton, Trial Attorney Mara Strier of the Tax Division, and Special Assistant U.S. Attorney Michael Heavner of MID, who are prosecuting the case.
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Two Defendants Arrested for Trafficking Firearms from Virginia to Queens and Long IslandRead the Press Release
An indictment was unsealed today in federal court in Central Islip charging Derrick Hughes and Ronald Robinson with a gun trafficking conspiracy involving the sale of at least 19 firearms, including an AR-15 multi-caliber rifle. The defendants were arrested today. Hughes was arraigned this afternoon in federal court in Central Islip before United States Magistrate Judge A. Kathleen Tomlinson. Robinson was arraigned this afternoon at the federal courthouse in Norfolk, Virginia. Both defendants were ordered detained pending bail hearings.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Ashan M. Benedict, Special Agent-in-Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives, New York Field Division (ATF), William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD), announced the indictment.
“As alleged in the indictment, the defendants’ illegal trafficking of firearms brought deadly weapons to the streets of Long Island,” stated United States Attorney Donoghue. “These arrests demonstrate the commitment by this Office and our law enforcement partners to save lives by stopping the flow of illegal firearms into New York.” Mr. Donoghue thanked the Nassau County Sheriff’s Department, Suffolk County Sheriff’s Department, New York State Police and the Hempstead Police Department for their assistance during this investigation.
“Many gangs rely on illegal weapons to carry out criminal acts because they’re harder to trace,” stated FBI Assistant Director-in-Charge Sweeney. “The two subjects in this investigation were allegedly trafficking illegal weapons along the 95 interstate corridor that leads directly onto Long Island. We are doing more and more every day with our law enforcement partner agencies to stop this pipeline, and keep deadly weapons out of the hands of people who shouldn’t have them.”
“The defendants as alleged were part of a scheme that put illegal firearms onto the streets of their community,” stated ATF Special Agent-in-Charge Benedict. “ATF works with our federal, state and local counterparts to disrupt the flow of guns to our streets and prevent violent crime. I would like to thank all of our partners that made this case possible. I would also like to thank the United States Attorney’s Office for prosecuting the case.”
“The indictments of both defendants Hughes and Robinson for illegal firearms trafficking conspiracy is a clear example of the high level of interagency cooperation during this investigation,” stated NCPD Commissioner Ryder. “Not only are we taking criminals off the streets, we are also decreasing the amount of illegal firearms that enter our state and county. Every illegal firearm that we confiscate is another positive step on how we protect our residents and Police Officers. I would like to congratulate all of the investigative agencies and their dedicated members who played a role in this case.”
According to the indictment, the gun-trafficking operation involved at least seven illegal firearms transactions on Long Island between January 2018 and April 2018, with transactions taking place in Rosedale and Valley Stream. Robinson allegedly purchased two to three firearms at a time in Virginia, and within days, transported them for distribution in New York. Hughes arranged meetings with customers for the illegal sale of the firearms.
If convicted, Hughes and Robinson face a maximum sentence of five years’ imprisonment. The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorney Monica K. Castro is in charge of the prosecution.
The Defendants:
RONALD ROBINSON
Age: 43
Hampton, VirginiaDerrick Hughes
Age: 47
Queens, New YorkE.D.N.Y. Docket No. 18-CR-385 (JMA)
Two Charged for Drug Lab ExplosionRead the Press Release
Assistant U.S. Attorneys Kyle B. Martin and Matthew J. Sutton (619) 546-7726 and (619) 546-8941
NEWS RELEASE SUMMARY – September 5, 2018
SAN DIEGO – Two defendants, Gregory Amos and Christopher Hernandez, were charged this week in connection with a March 2018 explosion and fire resulting from their operation of a butane hash oil lab in a residential Vista neighborhood. Amos and Hernandez are scheduled to be arraigned before U.S. Magistrate Judge Jan M. Adler on Friday, September 7 at 2:00 p.m.
According to the complaint, in the morning hours of March 27, 2018, an explosion and fire on the balcony of a residence located on Barbara Drive in Vista shattered the glass door of the balcony and blasted dozens of cans of butane into the surrounding area. In the wake of the explosion, investigators discovered an active Butane Hash Oil (BHO) lab in the residence where the fire originated. After extinguishing the fire and securing the scene, investigators located a number of items related to a BHO manufacturing laboratory, including kilograms of marijuana, hundreds of cans of butane, glass tubes and other manufacturing items. Agents also seized approximately one pound of cocaine and three firearms including a Del-Ton DT-15 5.56 mm rifle and a Smith and Wesson 9 mm semi-auto pistol.
BHO labs are highly dangerous facilities used to extract tetrahydrocannabinol (THC), a Schedule I controlled substance found in marijuana plants, through the use of butane. The manufacture of BHO is a violation of federal law, Title 21, U.S. Code, Section 841. The manufacture of BHO is also a violation of California state law, Health and Safety Code, Section 11379.6. Since January 2018, law enforcement has responded to at least 17 illicit BHO labs in San Diego County (three of which had fires and or explosions).
BHO is similar in appearance to honey or butter. It contains extremely high levels of THC and can be up to four times more potent than high-grade marijuana. BHO is commonly manufactured by packing marijuana into a glass, plastic, or metal tube. Butane is then sprayed into the top of the tube. The butane strips the marijuana of its cannabinoid-containing oils, which drip from the bottom of the tube, often through a filter and into a holding container. The end product is highly-profitable and can be ingested as an oil, consumed in edibles, or solidified to make concentrated forms of cannabis known as “wax.”
During the manufacture of BHO, butane, a flammable gas that is odorless, colorless, and heavier than air, can evaporate out of the substance and collect on the floor, accumulating to explosive levels without proper ventilation. This process creates an invisible, but very real, risk of fires, explosions, and chemical burns.
“BHO manufacturing poses an enormous threat to human life,” said U.S. Attorney Adam L. Braverman. “No one is safe: not those involved in the illegal BHO manufacturing themselves; not those who happen to be living or visiting nearby; not first responders. Together with our law enforcement partners, we will aggressively prosecute all who threaten public safety by manufacturing these deadly substances.”
“Drugs are dangerous. End of story. Nothing would have exploded if someone did not want to dab high potency THC,” said Special Agent in Charge Karen Flowers. “You have a choice. Your choice has a consequence. Those consequences apply to those around you. Just ask their neighbors.”
This case is the result of ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high-level members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.
The government’s case is being prosecuted by Assistant U.S. Attorneys Kyle B. Martin and Matthew J. Sutton.
DEFENDANTS Case Number: 18MJ4780-JMA
Gregory Allen Amos, Age: 23 Vista, California
Christopher Paul Hernandez Age: 34 San Diego, California
SUMMARY OF CHARGES
Conspiracy to Distribute Hashish Oil - 21 U.S.C. §§ 841(a)(1) and 846
Maximum penalty: 5 years’ imprisonment and $250,000 fine
Endangering Human Life While Illegally Manufacturing Hashish Oil - 21 U.S.C. § 858
Maximum penalty: 10 years’ imprisonment and $250,000 fine
Possession of Cocaine with Intent to Distribute - 21, U.S.C., § 841(a)(1);
Maximum penalty: 20 years’ imprisonment and $1,000,000 fine
Possession of Firearm in Furtherance of Drug Trafficking Crime -18 U.S.C. § 924(c)
Mandatory 5 years’ imprisonment consecutive to drug trafficking sentence
AGENCIES
Drug Enforcement Administration
San Diego Sheriff’s Department
San Diego Police Department
Vista Fire Department
Department of Justice, Organized Crime Drug Enforcement Task Forces
*An indictment or complaint is not evidence that the defendants committed the crimes charged. The defendants are presumed innocent until the Government meets its burden in court of proving guilt beyond a reasonable doubt.
Three Wilson Men Indicted on Drug Conspiracy ChargesRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that a federal grand jury in Wilmington has returned indictments charging KENNETH RAY BARNES, a/k/a “Kenny,” age 49 of Wilson, NC, and JEFFREY BERNARD MOORE, a/k/a “Cookieman,” age 48 of Wilson, NC, with conspiracy to distribute and possession with the intent to distribute five hundred grams or more of cocaine. Additionally, TONY LYNN WINSTEAD, age 60 of Wilson, NC, was indicted with conspiracy to distribute and possession with intent to distribute a quantity of cocaine. BARNES, MOORE, and WINSTEAD were each arrested yesterday in Wilson, NC by the Wilson Police Department and United States Marshal’s Service.
If convicted, BARNES and MOORE would face a minimum term of imprisonment of 5 years and maximum penalties of 40 years’ imprisonment, a $5,000,000 fine, and a term of supervised release following any term of imprisonment. If convicted, WINSTEAD would face maximum penalties of 20 years’ imprisonment, a $1,000,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The case is a part of the U.S. Attorney’s Office for the Eastern District of North Carolina’s “Take Back North Carolina Initiative” and is being investigated by the Wilson Police Department and the Drug Enforcement Administration.
Three Defendants Charged in Gun Store BurglaryRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dakota J. Sarfaty, 21, Marcos D. Guzman, 34, and Luis D. Marcano-Agosto, 33, all of Rochester, NY, were arrested and charged by criminal complaint with various federal firearms offenses in relation to the theft of firearms from Chinappi’s Firearms & Supplies in Spencerport, NY, on two separate occasions in August 2018.
Specifically, Sarfaty is charged with theft of firearms from a Federal Firearms Licensee, possession of stolen firearms, and use of a firearm during and in relation to a drug trafficking crime; Guzman is charged with possession of stolen firearms and possession of firearms by a convicted felon; and Marcano-Agosto is charged with possession of stolen firearms. The charges against Sarfaty carry a minimum penalty of five years in prison, and a maximum penalty of life, and a $250,000 fine, while the charges against Guzman and Marcano-Agosto carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that according to the complaint, the charges stem from two burglaries that occurred at Chinappi’s Firearms & Supplies in Spencerport on August 12, 2018, and August 16, 2018. During the burglaries, numerous firearms were stolen from the basement of the store. An interior surveillance camera captured images of defendant Sarfaty breaking into the store and removing numerous boxes containing firearms. Law enforcement officers arrested Sarfaty on August 17, 2018, at which time he was found to have a loaded .40 caliber handgun, which had been stolen from Chinappi’s Firearms & Supplies, in his waistband.
According to the complaint, 15 of the stolen firearms were sold and one was traded for a quantity of cocaine. Through further investigation, law enforcement officers recovered 10 additional firearms that had been stolen from Chinappi’s. Eight of those firearms were found in the backyard at 152 Avenue B in Rochester, which is the location at which Guzman was arrested. Marcano-Agosto was arrested after fleeing 152 Avenue B as law enforcement officers approached the location.
The defendants are scheduled to make an initial appearance before U.S. Magistrate Judge Jonathan W. Feldman on September 6, 2018 at 9:30 a.m.
The criminal complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
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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The U.S. Attorney’s Office among numerous community partners hosting a daylong conference Sept. 6 focused on solutions to the opioid and narcotics epidemicRead the Press Release
The United States Attorney’s Office and Cleveland Clinic, together with numerous community partners, will be hosting a daylong conference on Sept. 6 focused on solutions to the opioid and narcotics epidemic.
The conference will take place at the Intercontinental Hotel, 9801 Carnegie Ave. It will mark five years since many of the partners first joined together to raise awareness about the growing heroin and opioid problem that had surfaced in Northeast Ohio and throughout the country. That conference resulted in a Community Action Plan which focused on solutions in four different areas: education and prevention, treatment, healthcare policy and law enforcement.
The 2013 conference and Community Action Plan led to the formation of the U.S. Attorney’s Office Heroin and Opioid Task Force, which was hailed as a national model and replicated across the country. Members of the group contributed to numerous achievements in the intervening years, including increasing access to Narcan, developing new protocols to how police handle drug overdose scenes, increased training for physicians about the potential side effects of prescription opioids, public awareness campaigns, and the formation of a consortium to coordinate the response from the various medical systems in Greater Cleveland, among others.
The conference on Sept. 6 will focus on how the crisis has changed in the past five years, and fashioning responses that incorporate best practices and lessons learned. The emphasis will be on refining the Community Action Plan and coordinating comprehensive responses to what is both a public health and law enforcement crisis.
“The scope and nature of the problem has changed, in part because of the introduction of fentanyl and carfentanil, so our responses need to evolve as well,” U.S. Attorney Justin Herdman said. “The hope is this conference will help coordinate the efforts to turn the tide on an epidemic that has caused a staggering amount of pain and loss in our community.”
“Conferences like this are so critical to our community. We need so many parts of our society to take action to have an impact on this terrible problem,” said David Streem, M.D., Section Head of the Alcohol and Drug Recovery Center at Cleveland Clinic. “First responders, treatment programs, the courts, hospitals, schools, the recovery community—these and so many more have important roles to play.”
The agenda for the Sept. 6 conference is still being finalized, but topics expected to be covered include the need to develop a common set of data that can be shared, expanding programs that have been shown to work, such as quick response teams, recovery coaches and medically assisted treatment, efforts to reduce the number of pain pills prescribed, and others.
Among the groups and organizations that have participated in the planning and/or are expected to present at the conference include: the U.S. Attorney’s Office, Cleveland Clinic, MetroHealth System, University Hospitals, St. Vincent Charity Hospital, Cuyahoga County, City of Cleveland, Cuyahoga County Medical Examiner’s Office, the ADAMHS Board of Cuyahoga County, Cuyahoga County Department of Health, Circle Health, Cleveland Division of Police, Drug Enforcement Administration, Federal Bureau of Investigation and others.
A complete agenda is below:
OPIOIDS: A CRISIS STILL FACING
OUR ENTIRE COMMUNITY
Thursday, Sept. 6, 2018
InterContinental Hotel, Cleveland
8:00 - 8:30 a.m. Registration
8:30 - 850 a.m. Welcome
- Cleveland Clinic Chief Legal Officer; Chief Governance Officer and Secretary David W. Rowan
- United States Attorney Justin Herdman
- Cuyahoga County Executive Armond Budish
8:50 - 9:35 a.m. Community Accomplishments
Moderator: Bridget Brennan, U.S. Attorney’s Office
- Law Enforcement: Timothy Plancon (Drug Enforcement Administration)
- The Office of Opioid Safety: Dr. Joan Papp (MetroHealth)
- Treatment and Recovery: Scott Osiecki (Alcohol, Drug Addiction and Mental Health Services Board of Cuyahoga County)
- Hospitals and Medical Community: Dr. Randy Jernejcic (University Hospitals)
- Medically Assisted Treatment: Dr. Robert Bales (Cleveland Clinic)
- The Judicial System: Judge Joan Synenberg (Cuyahoga County Common Pleas Court)
9:35 - 10:00 a.m. The Evolving Nature of the Problem
- Dr. Thomas Gilson (Cuyahoga County Medical Examiner)
10:00 - 10:15 a.m. Perspectives from the Cleveland Clinic
- Dr. Tom Mihaljevic (Cleveland Clinic)
10:15 - 10:30 a.m. Break
10:30 - 11:15 a.m. The Need for Common and Shareable Data
Moderator: U.S. Attorney Justin Herdman
- Daniel Flannery (Case Western Reserve University)
- Hugh Shannon (Cuyahoga County Medical Examiner’s Office)
- Nick Zingale (Cleveland State University)
- Mark Richey (BioEnterprise)
- John Garrity (Alcohol, Drug Addiction and Mental Health Services Board of Cuyahoga County)
- Frank Perhacs (Ohio HIDTA)
11:15 - noon The Northeast Ohio Hospital Consortium
Moderator: Dr. Randy Jernejcic, Physician Chair, Northeast Ohio Hospital Opioid Consortium
- Dr. Tom Collins (The Academy of Medicine of Cleveland & Northern Ohio)
- Dr. David Streem (Cleveland Clinic)
- Dr. Joan Papp (MetroHealth)
- Dr. Ted Parran (St. Vincent Charity)
- Dr. Jeanne Lackamp (University Hospitals)
- Dr. Kevin Smith (VA)
Noon - 1:00 p.m. Lunch and Keynote Speaker: Aaron D. Marks
1:00 – 2:00 p.m. What’s Working Here
Moderator: Elizabeth Newman, The Centers for Families and Children
- Needle Exchange: Lisa M. Fair (Circle Health)
- Project SOAR: Erin Helms (The Woodrow Project)
- Drug Courts: Judge David Matia (Cuyahoga County Common Pleas Court)
- Recovery Coaches: Brian Bailys (Ascent)
- Transportation Program: Thom Olmstead (St. Vincent Charity)
- Recovery: Pam Gill (Recovery Resources)
2:00 - 3:30 p.m. Community Action Plan Breakouts
- Law Enforcement -- Room 201
- Treatment and Healthcare Policy -- Six Continents Room
- Education and Prevention -- Room 204
- Data and Analytics -- Room 207
3:30 - 4:00 p.m. Report Out from Breakouts and Adjourn
Written questions for our speakers can be submitted to facilitators around the room, or via Twitter using the hashtag #OpioidSummitCLE
Tahlequah Woman Sentenced to 24 Months for Failure to Register as Sex OffenderRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Denise Sue Watie, aka Denise Sue Karrant, age 44, of Tahlequah, Oklahoma, was sentenced to 24 months imprisonment and 6 years supervised release for Failure To Register As Sex Offender. The charge arose from an investigation by the United States Marshals Service.
The Indictment alleged that from about June 2017 until December 19, 2017, in the Eastern District of Oklahoma, and elsewhere, the defendant, who was required to register as a sex offender under the Sex Offender Registration and Notification Act, traveled in interstate commerce and knowingly failed to register and update her registration as required by the Sex Offender Registration and Notification Act. She was required to register due to her felony conviction from Tulsa County, Oklahoma on January 24, 2005, for Sexually Abusing a Minor Child.
United States Attorney Brian J. Kuester said, “One of the public safety functions of the United States Marshals Service is to investigate violations of the Sex Offender Registration Notification Act. Because of that agency’s work, the United States Attorney’s office was able to prosecute the defendant and hold her accountable for violating federal law.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Edward Snow represented the United States. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served.
Swanzey Man Sentenced to 63 Months for Possessing Child PornographyRead the Press Release
CONCORD – David Maclean, 71, of Swanzey was sentenced to serve 63 months in federal prison for possessing child pornography, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, the investigation began in July of 2017 with the Maricopa County Sheriff’s Department Cyber Crimes Unit in Phoenix, Arizona.
Maclean previously resided in Arizona. In September of 2017, law enforcement officers executed a search warrant at the defendant's residence in Swanzey. A review of various electronic devices found in the residence showed that they contained images and videos of child pornography.
Maclean, who previously pleaded guilty, also was ordered to pay restitution to victims depicted in the images.
“Protecting children is a high priority of the U.S. Attorney’s Office and our law enforcement partners,” said U.S. Attorney Murray. “Child pornography crimes cause untold amounts of damage to their young victims. We will continue to work closely with our law enforcement partners to identify and prosecute those who possess, manufacture or distribute child pornography.”
“This is a fitting sentence that can be taken as a warning to all who engage in this type of predatory behavior upon children, that they will be held accountable by law enforcement,” said Peter C. Fitzhugh Special Agent in Charge, Homeland Security Investigations (HSI), Boston. “Homeland Security Investigations greatly appreciates the tireless work of our law enforcement partners and of the prosecution team that brought about justice in this disturbing case.”
This matter was investigated in New Hampshire by the Internet Crimes Against Children Task Force and Homeland Security Investigations. The case was prosecuted by Assistant U.S. Attorney Helen White Fitzgibbon.
In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
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St. Croix Man Sentenced for Resisting a Park Ranger at Fort ChristiansvaernRead the Press Release
St. Croix, USVI – Uriah Gaston, 36, of St. Croix, was sentenced on September 5, 2018, in District Court on one count of Resisting a Federal Officer, United States Attorney Gretchen C.F. Shappert announced.
Magistrate Judge George W. Cannon, Jr., sentenced Gaston to 90 days of jail time with credit for time served and ordered Gaston to complete a mental and drug treatment program at The Village - Sion Hill Therapeutic Community Program.
Gaston had previously pled guilty to the charge on June 29, 2018.
According to court documents, on January 2, 2018, Gaston created a disturbance at Fort Christiansvaern, at the Christiansted National Historic Site in St. Croix. When Park Ranger Gabriel Laurencin intervened and attempted to identify Gaston, he produced false identification. After being informed that he was going to be frisked for officer safety, Gaston then fled into the Gallows Bay Harbor, ignoring several commands to stop. He again ignored multiple commands to return to shore. Gaston was subsequently returned to shore on the side of a bystander’s dingy and was placed under arrest at that time.
The case was investigated by the United States National Park Service. The case was prosecuted by Assistant United States Attorney Daniel H. Huston.
Southbury Attorney Admits Defrauding Elderly ClientsRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, Raymond D. Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service, and Erin Joe, Acting Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, announced that ROBERT J. BARRY, 77, of Woodbury, waived his right to be indicted and pleaded guilty today in Hartford federal court to one count of wire fraud relating to his theft from elderly client trust accounts.
According to court documents and statements made in court, BARRY was a partner in the law firm of Sturges and Mathes, located in Southbury. The firm specialized in trust and estates work, and BARRY headed that practice. As part of his practice, BARRY drafted trust agreements for clients designating himself as successor trustee in the event of the client’s death or incapacity. He also prepared wills for clients that named BARRY as executor of the client’s estate upon death.
Beginning as least as early as 2008 and continuing until approximately December 2015, BARRY engaged in a scheme to defraud an elderly victim by stealing money from the victim’s client trust accounts while the victim was alive, and then stealing money from the victim’s estate after the victim died. BARRY, in his role as executor and successor trustee for the victim, directed Sturges and Mathes staff members to prepare checks drawn on the victim’s accounts payable to the Sturges and Mathes operating account. Once the money was deposited into the firm’s operating account, BARRY directed staff to cut a check against the firm operating account payable to a special account in the firm’s name over which BARRY had exclusive control. BARRY then wrote himself checks from the special account to his personal bank account.
In furtherance of the scheme, BARRY caused numerous false and misleading statements to be sent to the victim and the victim’s residual beneficiary about the disposition of assets.
Through this scheme, BARRY stole more than $2.4 million from the victim and the victim’s estate.
In order to hide the excess fees that he had taken, BARRY also caused a false federal estate tax return to be filed with the IRS. The tax return underreported the amount of the victim’s estate by approximately $937,000.
BARRY is scheduled to be sentenced by U.S. District Judge Robert N. Chatigny on December 4, 2018, at which time he faces a maximum term of imprisonment of 20 years.
In addition to agreeing to a restitution order of more than $2.4 million for losses to the victim’s estate, BARRY has agreed to pay restitution to residual beneficiaries of other estate clients.
BARRY is released on a $100,000 bond pending sentencing.
This matter is being investigated by the U.S. Postal Inspection Service and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorneys Susan Wines and Jennifer Laraia.
South San Francisco Resident Sentenced to Prison for Money Transmission and Tax SchemeRead the Press Release
SAN FRANCISCO – Subhash Jay was sentenced today to 30 months in prison and ordered to pay restitution of $409,871 for operating an unlicensed money transmitting business and filing a false tax return announced United States Attorney Alex G. Tse, Internal Revenue Service, Criminal Investigation, Acting Special Agent in Charge Tara Sullivan, Bureau of Industry and Security, Special Agent in Charge Joseph Whitehead, and Homeland Security Investigations Special Agent in Charge Ryan L. Spradlin. The sentence was handed down by the Honorable Charles R. Breyer, Senior United States District Judge.
Jay, 59, of South San Francisco, pleaded guilty to the charges on March 23, 2018. According to the plea agreement, Jay admitted to operating a money transmitting business known as Force Services, Inc., without obtaining required state or federal licenses. Jay admitted that, during 2010 through 2014, he caused two domestic bank accounts held in the name of Force Services to receive international wire transfers on behalf of a client with an aggregate value of at least $4,515,236. Jay then forwarded most of those funds to the client, but retained $817,734 as a commission. In addition, Jay willfully filed corporate tax returns for Force Services for the years 2010 through 2014, which failed to report the commissions as gross receipts, and also willfully filed individual income tax returns for the years 2010 through 2014, which failed to report the commissions as income.
A federal grand jury indicted Jay on April 6, 2017, changing him with one count of operating an unlicensed money transmitting business in violation of 18 U.S.C. § 1960, ten counts of filing false tax returns in violation of 26 U.S.C. § 7206(1), one count of making false statements to a government agency in violation of 18 U.S.C. § 1001(a)(2), and one count of structuring financial transactions to evade reporting requirements in violation of 31 U.S.C. § 5324(a)(3). Pursuant to his plea agreement, Jay pleaded guilty to one count of operating an unlicensed money transmitting business, and one count of filing false tax returns on March 23, 2018. The remaining counts were dismissed.
In addition to the prison term and restitution, Judge Breyer also ordered Jay to serve a three-year period of supervised release. Further, on July 11, 2018, Judge Breyer issue a forfeiture order in the amount of $4,515,236. Judge Breyer ordered the defendant to begin serving the sentence on December 12, 2018.
Assistant United States Attorney Michael G. Pitman is prosecuting the case. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation, Homeland Security Investigations and the Bureau of Industry and Security.
Shreveport doctor pleads guilty to forging prescriptions and using false identification to obtain controlled substancesRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced today that a former resident physician at the Louisiana State University Health Sciences Center – Shreveport (LSUHSC) pleaded guilty to forging prescriptions for a controlled substance and then using false identification to fill those prescriptions.
Kevin V. Patel, 32, originally of Naperville, Illinois, pleaded guilty before U.S. District Judge S. Maurice Hicks Jr. to one count of obtaining a controlled substance by fraud. According to the guilty plea, Patel was a resident physician at LSUHSC in Shreveport from 2014 to 2017. In May and June of 2017, Patel issued five forged prescriptions for controlled substances in his roommate’s name. Four were issued using the prescription pads of other physicians, without their knowledge or authorization. Patel then used his roommate’s identification at local pharmacies, without the roommate’s knowledge or approval, to successfully fill four of the forged prescriptions. Through this and other means, from April 2017 to June 2017, Patel fraudulently obtained approximately 150 tablets of Adderall and approximately 150 tablets of Vyvanse, both Schedule II controlled substances.
Patel faces up to four years in prison, one year of supervised release and a $250,000 fine. The court set sentencing for January 3, 2019.
The DEA conducted the investigation. Assistant U.S. Attorney Brian C. Flanagan is prosecuting the case.
Registered Sex Offender Sentenced to 25 Years in Prison for Enticement of a Minor and Possession of Prepubescent Child PornographyRead the Press Release
Shawn Lyberger, 35, of Kell, Illinois, was sentenced today in federal court to 25 years in prison for inducing a 10-year-old boy to engage in sex acts over webcam and possession of child pornography depicting prepubescent minors. Lyberger previously pled guilty to a three-count superseding indictment charging the same conduct, which included a charge for committing the offenses while being a registered sex offender. Lyberger has a prior federal conviction for possession of child pornography in the Eastern District of Missouri dating back to 2003.
During the proceedings, Lyberger admitted that in December 2015, while he was a registered sex offender, he went on the website Omegle and began chatting with the victim – identified in court documents only as T.W., a resident of England. During their initial chat, the defendant engaged in a sex act on webcam. At Lyberger’s suggestion, they later switched over to Skype, whereupon the defendant induced T.W. to perform sex acts on webcam as well. Lyberger admitted knowing at the time that the boy was only 10 years of age.
At some point, T.W. tried to end the sexual aspect of their chats and, specifically, to no longer transmit sexually explicit pictures to Lyberger. However, Lyberger told T.W. that this was not acceptable, and that T.W. had to continue sending him images of his genitals or Lyberger would make him a "cyber boy" – a threat to post T.W.’s explicit videos online for others to see. T.W. became afraid and told his mother, who notified the police.
On July 6, 2016, a federal search warrant was executed at the residence the defendant shared with his mother. A laptop computer and a USB storage device belonging to Lyberger were seized and found to contain approximately 77 child pornography images and 200 child pornography videos respectively. All of the contraband files were found in unallocated space, signifying that they had been deleted. At that time, the defendant provided a voluntary audiotaped statement in which he admitted to chatting online about child pornography and to chatting with minors over Skype and Omegle. He also admitted that he had solicited underage males to perform sex acts online, but confessed only to viewing the webcam transmissions, not recording them. None of the images or videos recovered during the search depicted T.W.
Because he was a registered sex offender at the time of the offenses, federal law mandated a 10-year term of imprisonment to run consecutive to any sentence Lyberger received for his enticement conviction. His prior conviction from 2003 also meant that Lyberger faced a 10-year mandatory minimum prison sentence for possessing child pornography. In addition to his 300- month prison term, Lyberger was also sentenced to a lifetime term of supervised release.
Today’s sentencing hearing was the culmination of an investigation conducted by Interpol, officials from the United Kingdom, the Marion County Sheriff’s Department, the Woodland, California, Police Department, the Federal Bureau of Investigation, and the Department of Homeland Security - Homeland Security Investigations. The case was prosecuted by Assistant United States Attorney Angela Scott.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Raleigh Gang Member Sentenced for Drug and Firearm OffensesRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, JAMES EDWARD WHITAKER, 33, of Raleigh, North Carolina, was sentenced by Chief United States District Judge James C. Dever III to 84 months imprisonment followed by 5 years of supervised release.
WHITAKER was named in a two-count Criminal Information filed on May 29, 2018 and on that same date pled guilty to possession with intent to distribute a quantity of cocaine base (crack) and marijuana and to possession of a firearm in furtherance of a drug trafficking crime.
On July 19, 2017, officers with the Raleigh Police Department observed WHITAKER exit a vehicle then trespass on property he’d been told to stay away from previously. Officers in that area noticed a strong odor of marijuana coming from the car that WHITAKER had just left. They approached WHITAKER and he began to walk away. Officers were able to place one handcuff on WHITAKER, but he ultimately resisted arrest, removed the handcuff and fled on foot. Subsequent investigation of the scene revealed a handgun in the car that WHITAKER exited, along with cocaine base (crack), US currency, and marijuana. WHITAKER was later located and arrested.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case is part of the United States Attorney’s Office’s Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Raleigh Police Department, CCBI, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney S. Katherine Burnette handled the prosecution of this case for the government.
Previously Convicted Felon Sentenced for Possessing a FirearmRead the Press Release
NORFOLK, Va. – A Chesapeake man was sentenced today to eight years in prison for possessing a firearm as a convicted felon.
According to court documents, Steven Akeem Nichols, 34, was found by a Chesapeake police office sitting in the driver’s seat of his car asleep with a 9mm handgun resting between his legs in October 2017. Nichols, who was prohibited from possessing firearms, had been previously convicted of felony drug offense in Pennsylvania. Nichols later admitted to conspiring with others to distribute quantities of heroin, methamphetamine and cocaine in Virginia Beach in September and October 2017.
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.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Scott W. Hoernke, Acting Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, and James A. Cervera, Chief of Virginia Beach Police, made the announcement after sentencing by U.S. District Judge Raymond A. Jackson. Assistant U.S. Attorneys William B. Jackson and Kevin M. Comstock prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-63.
Oceanside Man Admits to Stealing Benefits Intended for Widow of Military VeteranRead the Press Release
Special Assistant U.S. Attorney Jeffrey D. Hill (619) 546-7924 and Assistant U.S. Attorney Matthew C. Brehm (619) 546-7951
NEWS RELEASE SUMMARY – September 5, 2018
SAN DIEGO – Michael Vanden Brink pleaded guilty today to stealing thousands of dollars in benefits intended for the widow of a military veteran. During his plea before U.S. Magistrate Judge Jan M. Adler this morning, Brink admitted that after the widow’s death in 2004, he converted her benefits paid out by the Department of Veteran’s Affairs to his own use.
Brink, 57, acknowledged that H.C.C., the spouse of a deceased veteran, began to receive Dependency and Indemnity Compensation benefits in 1972. Sometime prior to March 2004, H.C.C. began to receive those benefits via direct deposit into a bank account in both her name and Brink’s.
Brink acknowledged that H.C.C. died on June 30, 2004, at her home in Oceanside, California, and that he was aware of her death and that her benefits should have ceased immediately upon her death. Brink further acknowledged that he knew that he was not entitled to H.C.C.’s benefits, and that he knew that the money rightfully belonged to the United States.
As a part of his plea, Brink admitted that he received a monthly bank statement for the account, and that he never informed the bank that H.C.C.’s monthly benefits should cease. Instead, Brink admitted that from July 1, 2004 until February 26, 2014, only he had access to and control of all funds in the bank account, and that during that time he converted a total of $145,035 in United States’ money to his own use.
“For almost a decade, this defendant stole thousands of dollars intended to help the families of our brave men and women in uniform,” said United States Attorney Adam L. Braverman. “This prosecution demonstrates the commitment of the United States Attorney’s Office to protecting the integrity of programs for our veterans and their families.”
“This investigation demonstrates the OIG’s commitment to aggressively pursue individuals who defraud VA programs. The VA OIG will continue to identify criminal activity in order to protect the integrity of VA programs.” said Special Agent in Charge A.E. Pleasant, U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, Western Field Office.
As a part of his plea agreement, Brink agreed to pay $145,035 in restitution to the Department of Veteran’s Affairs. Brink faces up to 10 years in federal prison and a fine of up to $390,060 at his sentencing hearing before U.S. District Judge John A. Houston on December 10, 2018.
DEFENDANT Case Number 18-cr-3894
Michael Vanden Brink Oceanside, CA.
SUMMARY OF CHARGES
Theft of Public Property – Title 18, U.S.C., Section 641
Maximum penalty: 10 years’ imprisonment, $390,060 fine, restitution
AGENCIES
U.S. Department of Veteran’s Affairs, Office of Inspector General – Criminal Investigations Division
North Haverhill Man Sentenced to Prison for Being a Felon in Possession of FirearmsRead the Press Release
CONCORD - Thomas S. Harris, 27, of North Haverhill, was sentenced in federal court to 18 months in prison for being a felon in possession of a firearm, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, Harris is a convicted felon and prohibited from possessing firearms. On August 25, 2016, Harris sold a Savage Arms, model 18-F, .410 caliber shotgun to a pawn shop in Lisbon, NH. On September 27, 2016, Harris sold a second firearm, a Keystone Sporting Arms, model Cricket, .22 caliber rifle, to the same pawn shop.
Harris previously pleaded guilty to two counts of being a felon in possession of a firearm on May 9, 2018.
“In order to protect public safety, we must keep firearms out of the hands of criminals,” said U.S. Attorney Murray. “Through Project Safe Neighborhoods, we aggressively enforce federal gun laws and work to improve the safety and security of our communities.”
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Vermont State Police, the Lisbon Police Department and the Haverhill Police Department investigated this case. Assistant U.S. Attorney Debra M. Walsh prosecuted this case.
The case is part of ATF’s Project Safe Neighborhoods initiative, a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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New York Man Sentenced to 44 Months in Prison for 2017 Bank Robbery in Fort Lee, New JerseyRead the Press Release
NEWARK, N.J. – A Bronx, New York, man was sentenced today to 44 months in prison for robbing a bank in Fort Lee, New Jersey, at knifepoint in January 2017, U.S. Attorney Craig Carpenito announced.
Andres Dominguez, 39, previously pleaded guilty before U.S. District Judge William H. Walls to an information charging him with one count of bank robbery. Judge Walls imposed sentence today in Newark federal court. Dominguez was originally arrested on Jan. 13, 2017.
According to documents filed in this case and statements made in court:
On Jan. 12, 2017, Dominguez robbed the Bank of New Jersey in Fort Lee. According to bank employees and video surveillance, a man wearing a gray Nike hooded sweatshirt, a blue rubber glove, sunglasses, a wool hat, black Adidas pants, and white sneakers entered the bank.
The robber approached one of the bank tellers with a large kitchen knife in his right hand and jumped onto the counter separating the tellers from customers. He then demanded money from the teller and instructed the teller to give him all the money in the teller drawers or he would kill her. The teller complied, and the robber jumped back over the counter and fled the bank on foot. The robber was later identified as Dominguez.
When law enforcement later searched the area around the bank for evidence of the bank robbery, they recovered a large kitchen knife from a dumpster behind the bank. They also found two blue rubber gloves, a gray Nike hooded sweatshirt, and a dark wool hat on the street at various locations within a few blocks of the bank. Law enforcement later located Dominguez in Bronx and arrested him.
In addition to the prison term, Judge Walls sentenced Dominguez to three years of supervised release.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation leading to today’s sentencing. He also thanked the Fort Lee Police Department for its contribution to the case.
The government is represented by Assistant U.S. Attorney Jason S. Gould of the U.S. Attorney’s Office Criminal Division in Newark.
New York Man Sentenced to 60 Months of Imprisonment for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Luis Nevarez, age 20, of the Bronx, New York, was sentenced to 60 months of imprisonment and four years of supervised release on September 4, 2018 by United States District Judge Malachy E. Mannion for conspiring to distribute heroin, crack cocaine, and fentanyl.
According to United States Attorney David J. Freed, Nevarez pleaded guilty to conspiring to distribute controlled substances in Pennsylvania between approximately December 2016 through January 2017. Nevarez admitted to working as a drug dealer and runner in the conspiracy, and to transporting narcotics from New York to Pennsylvania. Nevarez also admitted to trading narcotics in exchange for a firearm, and to having been affiliated with the Crips, a nationwide criminal organization. Nevarez admitted to trafficking in excess of 112 grams of crack cocaine and in excess of 200 grams of heroin, the latter of which is the equivalent of 8,000 potentially fatal doses of heroin.
Nevarez was charged in June 2017 with 14 other individuals. All of his co-defendants have pleaded guilty, with seven others having already been sentenced:
- Kassandra Martin of Wilkes-Barre, Pennsylvania, was sentenced to 60 months of imprisonment;
- Joshua Lenchick of Luzerne, Pennsylvania, was sentenced to 60 months of imprisonment;
- Kristyna Shotwell of Plymouth, Pennsylvania, was sentenced to 12 months and one day of imprisonment;
- Tanay Jones of Bronx, New York, was sentenced to a time served sentence of 19 days of imprisonment;
- William Waring of Bronx, New York, was sentenced to 60 months of imprisonment;
- John Maybank of Bronx, New York, was sentenced to 53 months of imprisonment; and
- Siobhan Daniels, of Wilkes-Barre, Pennsylvania, was sentenced to 30 months of imprisonment.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Kingston Police Department, and by the Luzerne County Drug Task Force. Assistant U.S. Attorney Phillip J. Caraballo prosecuted the case.
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.
This case also was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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New Haven Man Arrested for Violating Supervised ReleaseRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Brian J. Taylor, Acting United States Marshal, announced that GARY JOSEPH GRAVELLE, 51, of New Haven, was arrested today in New Britain by members of the U.S. Marshals Service Violent Fugitive Task Force and the New Britain Police Department on federal supervised released violation.
Gravelle appeared this afternoon before U.S. Magistrate Judge Robert M. Spector and was ordered detained.
According to statements made in court, Gravelle is under investigation for sending multiple threatening communications and for mailing multiple letters containing white powder to several federal and state offices, and community organizations, in September 2018.
On July 19, 2013, Gravelle was sentenced in Bridgeport federal court to 70 months of imprisonment, followed by three years of supervised release, for mailing numerous threatening letters. He was released from federal prison in November 2015. It is alleged that Gravelle failed to comply with certain conditions of his supervised release, including failing to notify the U.S. Probation Office of a change of residence, and failing to comply with a mental health treatment requirement.
U.S. Attorney Durham stressed that charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
The investigation concerning the sending of threatening communications is continuing. Anyone with pertinent information is asked to call the FBI at 203-777-6311.
Muskogee Man Sentenced to 36 Months Probation for CounterfeitingRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Ricky Lee Banks Jr., age 40, of Muskogee, Oklahoma, was sentenced to 3 years’ probation for Counterfeiting An Obligation Of The United States, in violation of Title 18, United States Code, Sections 471 and 2. The charge arose from an investigation by the Muskogee Police Department and the United States Secret Service.
The Indictment alleged that in or about November, 2017, to on or about January 16, 2018, in the Eastern District of Oklahoma, the Defendant, Ricky Lee Banks Jr., with intent to defraud, counterfeited and falsely made an obligation of the United States, by making and counterfeiting one-hundred-dollar Federal Reserve Note.
United States Attorney Brian J. Kuester said, “The Muskogee Police Department executed a search warrant and as a result found evidence that the defendant had made and possessed equipment to make counterfeit one-hundred dollar bills. This investigation undoubtedly stopped an untold number of counterfeit bills from being passed to unsuspecting merchants. This case should serve as a reminder to individuals and businesses alike to carefully inspect money received in exchange for goods or services before accepting payment. Contact your local law enforcement agency if you suspect you have received counterfeit currency.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney John David Luton represented the United States. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served.
Mountain View Man Pleads Guilty to Production and Distribution of Child PornographyRead the Press Release
SAN JOSE – Grant Ridder pleaded guilty today to production, distribution, and possession of child pornography, announced United States Attorney Alex G. Tse and United States Secret Service Acting Special Agent in Charge John Roberts. The guilty plea was accepted by the Honorable Lucy H. Koh, U.S. District Judge.
According to his plea agreement, on July 27, 2013, Ridder, 27, of Mountain View, engaged in sexually explicit conduct with a minor and produced photographs and video of the sexual encounter. In October 2013, he accessed the minor’s Facebook account without her permission and uploaded sexually explicit images of her to her Facebook page. Ridder acknowledged that he uploaded the images with the intent to cause substantial emotional distress to the minor. Ridder also possessed additional photographs of the minor engaged in sexually explicit conduct.
Further, according to the plea agreement, on July 14, 2013, Ridder persuaded a second minor, aged between 12 and 15 years, to engage in sexually explicit conduct for the purpose of producing photographs which the minor sent to Ridder on his phone. On July 26, 2013, Ridder coerced this minor to produce additional sexually explicit images of herself by threatening to post her prior sexually explicit photographs on a Russian website. In January 2014, Ridder uploaded the sexually explicit photographs of the minor to a Russian-based website.
Further according to the plea agreement, on December 7, 2013, Ridder coerced a third minor into producing sexually explicit images of herself by threatening to send her prior sexually explicit photographs to others. In January 2014, Ridder uploaded the sexually explicit photographs of the minor to a Russian-based website.
Lastly, according to the plea agreement, from approximately November 19, 2013, through June 18, 2014, Ridder used phone text messaging to entice a fourth minor to engage in sexual activity with him, knowing that she was a minor.
A federal grand jury indicted Ridder on May 18, 2017, charging him with two counts of production of child pornography, in violation of 18 U.S.C. § 2251(a); three counts of distribution of child pornography, in violation of 18 U.S.C. § 2252(a)(2); one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B); three counts of cyberstalking, in violation of 18 U.S.C. § 2261A; and one count of coercion and enticement of a minor, in violation of 18 U.S.C. § 2422(b). Ridder pleaded guilty to one count of production, one count of distribution, and one count of possession of child pornography.
Judge Koh scheduled a sentencing hearing for December 5, 2018, at 9:15 a.m., in San Jose. The minimum statutory sentence for violating 18 U.S.C. § 2251(a) (production) is a 15-year prison term; the maximum statutory sentence is a 30-year prison term. The minimum statutory sentence for a violation of 18 U.S.C. § 2252(a)(2) (distribution) is five years in prison and the maximum prison term is 20 years. The maximum statutory sentence for violating 18 U.S.C. § 2252(a)(4)(B) (possession) is 10 years in prison. Additional fines, victim restitution, and a term of supervised release also may be imposed; however, any sentence following conviction will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorneys Maia Perez and Marissa Harris are prosecuting the case with the assistance of Nina Williams. The prosecution is the result of an investigation by the United States Secret Service, the Contra Costa District Attorney’s Office, the Stockton Police Department, and the Martinez Police Department.
If members of the public have any information relevant to this investigation or to suspected child predators or suspicious activity, they should contact Homeland Security Investigations through the toll-free Tip Line at 1-866-DHS-2-ICE or complete the online tip form at: https://www.ice.gov/webform/hsi-tip-form. Both are staffed around the clock by investigators. Suspected child sexual exploitation or missing children may also be reported to the National Center for Missing & Exploited Children, an Operation Predator partner, via its toll-free 24-hour hotline, 1-800-THE-LOST.
Michigan Man Admits Role in Worldwide Trading Account Simulator Scheme; Another Conspirator IndictedRead the Press Release
NEWARK, N.J. – A Michigan man today admitted participating in a scheme to defraud hundreds of investors worldwide of $1.4 million through a purported online day-trading firm, and a co-defendant from Michigan was arrested this morning in connection with the conspiracy, U.S. Attorney Craig Carpenito announced.
Christopher D. Eikenberry, 49, of Birmingham, Michigan, pleaded guilty before U.S. District Judge Jose L. Linares in Newark federal court to an information charging him with one count of conspiracy to commit securities fraud.
Jeffrey E. Goldman, 52, of West Bloomfield, Michigan, who was arrested today in Michigan, is charged by indictment with one count of conspiracy to commit securities fraud and one count of wire fraud. He is scheduled to appear today before U.S. Magistrate Judge David Grande in Detroit federal court.
According to documents filed in the case and statements made in court:
From December 2013 to June 2015, Eikenberry, Goldman, Naris Chamroonrat, Yaniv Avnon, and Ran Armon orchestrated a scheme to defraud hundreds of investors worldwide through their operation of Nonko Trading, a purported day-trading firm. They solicited investors to open accounts with Nonko and to wire thousands of dollars to the firm to fund those accounts. Instead of using the money to fund securities brokerage accounts, the conspirators simply stole it. The conspirators tried to hide the theft by providing the victims with online trading simulator, or “demo,” accounts, and telling the investors they were real accounts to be used for trading securities.
The conspirators selected as victims only those customers who they believed would not be profitable day-traders and would be less likely to seek to withdraw funds from their accounts. They limited the scheme to inexperienced, unsophisticated “losing” traders because those customers would simply believe they lost their money trading in the open markets. If traders on the demo accounts started to appear profitable, Nonko would switch them to real accounts.
The scheme attracted more 260 customers worldwide, including several in New Jersey. Although Nonko paid back a small percentage of these customers, the conspirators stole at least $1.4 million. The majority of the funds were transferred to foreign bank accounts controlled by Chamroonrat and used for personal expenses or other unauthorized transactions, including transferring proceeds of the scheme to the other conspirators.
The conspiracy count carries a maximum potential penalty of five years in prison and a $250,000 fine, or twice the gain or loss from the offense. The wire fraud count carries a maximum potential penalty of 20 years in prison and a $250,000 fine, or twice the gain or loss from the offense. Sentencing for Eikenberry is scheduled for Dec. 12, 2018.
On May 11, 2017, Chamroonrat pleaded guilty to conspiracy to commit securities fraud in connection with the scheme, one day after a federal grand jury indicted Avnon and Armon, charging them each with one count of conspiracy to commit securities fraud and one count of wire fraud. Those cases currently are pending.
In a separate civil action, the Securities and Exchange Commission today filed an amended complaint in Newark federal court charging Eikenberry and Goldman with, among other things, violating and aiding and abetting violations of the antifraud provisions of the securities laws. The amended complaint seeks a permanent injunction as well as the return of ill-gotten gains plus interest and penalties.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Gregory W. Ehrie, with the investigation. He also thanked the U.S. Securities and Exchange Commission’s New York Regional Office under the direction of Regional Director Marc P. Berger for its assistance in the investigation.
The government is represented by Assistant U.S. Attorney Nicholas P. Grippo of the Economic Crimes Unit.
The charges and allegations against Goldman, Avnon and Armon are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Miami, FL Resident Found Guilty of Health Care Fraud, Identity Theft and Money Laundering in KentuckyRead the Press Release
LOUISVILLE, Ky. – A Miami, Florida, man, was found guilty last week in United States District Court of Health Care Fraud, Conspiracy to Commit Health Care Fraud, Aggravated Identity Theft, and Conspiracy to Commit Money Laundering, announced United States Attorney Russell M. Coleman.
Following a three-week trial, a federal jury deliberated approximately 4 hours before finding Ledinson Chavez, 39, guilty on all counts against him for his part in a scheme to attempt to defraud health insurance providers out of more than $5 million for services that were never provided.
According to the evidence presented at trial, beginning no later than on or about June 12, 2012, and continuing through on or about November 1, 2014, Chavez along with Claudia Lopez, Oskel Lezcano, Ariel Borrego-Hernandez, Sergio Betancourt and Yuriesky Diaz Rodriguez recruited unsuspecting chiropractors for employment in Louisville area chiropractic clinics in order to obtain and use the chiropractors’ names and National Provider Identifiers (NPI) to fraudulently bill insurance companies.
Thereafter, the group of defendants recruited employees from Jeffboat and others to seek chiropractic services from the clinics. However, unbeknownst to the chiropractors, the clinics billed over $5,000,000 for methocarbamol injections (a muscle relaxant), using the patients’ names, dates of birth, insurance/policy numbers, addresses, and patient IDs/Social Security Numbers for injections. Most of the patients from Jeffboat were paid to go to the clinics by the defendants and were told the injections were being billed, according to testimony during trial.
Lopez, Lezcano, Borrego-Hernandez, Betancourt, and Chavez operated and controlled multiple chiropractic clinics in the Louisville area including: Xpress Diagnostics Center, Inc.; Prudential Chiropractic Medical Center, PLLC; Klondike Chiropractic Medical Center, LLC; Be Well Chiropractic Center, Corp.; Chiropractic and Medical Center, LLC, even though the clinics were placed in various chiropractors’ names.
Sentencing is scheduled for November 29, 2018, Chavez faces a guideline sentence of 102-121 months in federal prison; 24-months is the mandatory minimum sentence, and restitution of $1,108,757.50.
Assistant United States Attorneys Joseph Ansari, Lettricea Jefferson-Webb and Christopher Tieke prosecuted the case. Mary Kennedy, paralegal, and Robert Masterson, health care fraud investigator, assisted the prosecution team. The case was investigated by the Federal Bureau of Investigation, the United States Postal Inspection Service, the Internal Revenue Service Criminal Investigation, the Louisville Metro Police Department, and the National Insurance Crime Bureau.
McAlester Man Sentenced to 72 Months for Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Henry Bastardo, age 60, of McAlester, Oklahoma, was sentenced to 72 months imprisonment and 4 years supervised release for Possession With Intent To Distribute Methamphetamine. The charge arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration.
The Indictment alleged that on or about March 17, 2018, within the Eastern District of Oklahoma, the defendant, knowingly and intentionally distributed five grams or more of methamphetamine, a Schedule II controlled substance.
United States Attorney Brian J. Kuester said, “This investigation by agents from the OHP and DEA prevented methamphetamine from being purchased and consumed by the defendant’s intended consumers, and allowed members of this office to successfully prosecute the defendant. I commend all that were involved in the investigation and prosecution.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Kristin Harrington represented the United States. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served.
Mayport Navy Lieutenant Charged with Using the Internet to Entice and Meet A Child to Engage in Sexual ActivityRead the Press Release
Jacksonville, Florida – Michael Douglas McNeil (30, Jacksonville) has been arrested and charged by federal criminal complaint with using the internet to attempt to entice a child to engage in sexual activity. He faces a minimum mandatory penalty of 10 years, and up to life, in federal prison. McNeil is currently detained pending a detention hearing.
According to the
complaint , on August 27, 2018, a detective with the Clay County Sheriff’s Office, who was posing online as a family member of a 12-year-old deaf child, received a message on a social media application from McNeil, who identified himself as “Mark.” McNeil expressed interest in having sex with the “child” and was advised that the “child” was 12 years old. Between August 27 and August 30, 2018, McNeil and the undercover detective discussed plans for McNeil to meet the “child” for sex. McNeil asked for several photos of the “child,” sent the undercover detective an explicit photo of himself, and asked specific questions about the “child’s” sexual experience and abilities. On August 30, 2018, McNeil drove to a coffee shop in Orange Park to meet the “child” for sex and was arrested.This case was investigated by the Clay County Sheriff’s Office, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Naval Criminal Investigative Service, and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Mauk Man Pleads Guilty to Child Pornography ChargeRead the Press Release
COLUMBUS: Charles E. Peeler, United States Attorney for the Middle District of Georgia, announces that Steven Derek Dukes, age 35, of Mauk, Georgia, entered a guilty plea to Receipt of Child Pornography on September 5, 2018. The plea was entered before Chief U.S. District Court Judge Clay D. Land in Columbus, Georgia. This plea subjects Mr. Dukes to a mandatory minimum sentence of five (5) years, up to a maximum of twenty (20) years’ imprisonment, a $250,000 fine, or both. Furthermore, as a condition of his supervised release after he is released from federal prison, Mr. Dukes shall register with the state sex offender registration agency in any state where Mr. Dukes resides, is employed, works, or is a student.
In his plea agreement, Mr. Dukes admitted that he had exchanged emails with an individual under investigation by the Federal Bureau of Investigation (FBI), in which the two discussed their past sexual experiences and fantasies involving young boys. Mr. Dukes also admitted to exchanging files of child pornography with the individual under FBI investigation. On May 5, 2018, FBI agents executed a search warrant and seized Mr. Dukes’ computer. Subsequent forensic analysis revealed numerous depictions of child pornography on electronic devices seized from Mr. Dukes’ residence. Thereafter, Mr. Dukes waived his Miranda rights and confessed to sending, receiving, and possessing child pornography.
This case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Crawford Seals is prosecuting the case for the United States.
Questions concerning this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
Massachusetts Man Sentenced to 20 Years in Prison for Planning ISIS Inspired AttackRead the Press Release
BOSTON – An Adams, Mass. man was sentenced today in federal court in Springfield in connection with a plot to engage in terrorist activity inspired by and in the name of ISIS.
Alexander Ciccolo, a/k/a Ali Al Amriki, 26, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 20 years in prison and a lifetime of supervised release. In May 2018, Ciccolo pleaded guilty to one count of attempting to provide material support to a foreign terrorist organization, one count of attempting to use weapons of mass destruction, one count of being a convicted person in possession of firearms, and one count of assaulting a nurse during a jail intake process by use of a deadly weapon causing bodily injury.
“Alexander Ciccolo planned to kill innocent civilians in the United States on ISIS’s behalf,” said United States Attorney for the District of Massachusetts Andrew E. Lelling. “Even though he was born and spent most of his life in Massachusetts, Ciccolo decided to turn against his country and plotted to attack his fellow Americans. Thanks to the tireless investigation and swift response of our law enforcement partners, Ciccolo was unable to carry out his violent plan. The sentence handed down today reflects our commitment to bringing all those whose allegiance lies with terrorists to justice.”
“The National Security Division will not tolerate threats to our country and its people,” said Assistant Attorney General John C. Demers. “Not only did Ciccolo admit to supporting ISIS — a well-known terrorist group — but he also collected weapons and explosives in order to further their goal of murdering innocent Americans. This sentence holds him accountable for breaking our laws and putting American lives at risk.”
“Make no mistake, Alexander Ciccolo was a committed soldier of ISIS who wanted to kill innocent people at a United States university with assault rifles and pressure cooker bombs, not an unwitting dupe who didn’t understand the gravity of what he was doing,” said Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation. “He repeatedly expressed his desire to engage in acts of violent jihad against our country, and with this sentencing, he will now pay the price for conspiring with a foreign terrorist organization. I commend the hard work and collaboration of all involved, specifically the Western Massachusetts Joint Terrorism Task Force who successfully thwarted Ciccolo’s terroristic plot before any lives were lost. We all play a role in safeguarding our country, and this case not only highlights the importance of continued vigilance, but the significance that family, friends, or by-standers can play in reporting threats or suspicious activities.”
Alexander Ciccolo was a soldier of the Islamic State of Iraq and Syria (ISIS), a designated foreign terrorist organization. Ciccolo heeded the call of ISIS to commit terrorist attacks in the United States. He intended to inflict maximum damage upon the United States and create mass casualties on behalf of ISIS. At the time of his arrest in July 2015, Ciccolo was planning to attack a university using firearms and improvised explosives, and attempted to recruit others to assist him in his attack plan. Even after being arrested, Ciccolo attacked a nurse who was merely trying to provide him medical care.
Until his arrest in July 2015, Ciccolo had spoken with a person who was cooperating with law enforcement in recorded conversations about his plans to commit acts of terrorism inspired by ISIS. The plans included setting off improvised explosive devices, such as pressure cookers filled with black powder, nails, ball bearings and glass, in places where large numbers of people congregate, like college cafeterias. Prior to his arrest, agents had observed Ciccolo purchase a pressure cooker similar to that used in the Boston Marathon bombings.
On July 4, 2015, Ciccolo was arrested after he received four firearms which he had ordered from a cooperating witness who had been communicating with Ciccolo about his plans to engage in a terrorist act. Ciccolo was arrested in possession of a Colt AR-15 .223 caliber rifle, a SigArms Model SG550-1 556 rifle, a Glock 17-9 mm pistol, and a Glock 20-10 mm pistol. Ciccolo had previously been convicted of a crime punishable by more than a year in jail and therefore was prohibited from possessing firearms.
In addition, several partially constructed “Molotov cocktails” were found in Ciccolo’s apartment after he was arrested. These incendiary devices contained what appeared to be shredded Styrofoam soaking in motor oil. Ciccolo had previously stated that this mixture would cause the fire from the exploded devices to stick to people’s skin and make it harder to put the fire out.
Shortly after his arrest, while he at the Franklin County Correctional Center, Ciccolo stabbed a nurse with a pen more than ten times, leaving a bloody gash on the top of the nurse’s head.
U.S. Attorney Lelling, Assistant Attorney General Demers, and FBI SAC Shaw made the announcement today. The investigation was conducted by members of the Joint Terrorism Task Force including the Federal Bureau of Investigation; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Springfield, Ludlow, Holyoke, West Springfield, Easthampton, and Pittsfield Police Departments; the Massachusetts State Police; and Homeland Security Investigations, with critical assistance from the Adams Police Department and the Massachusetts State Regional Hazardous Materials Response Team.
Assistant U.S. Attorneys Deepika Bains Shukla and Kevin O’Regan of Lelling’s Springfield Branch Office and Trial Attorney Andrew Sigler of the National Security Division’s Counterterrorism Section of the Department of Justice prosecuted the case.
Massachusetts Man Inspired by ISIS Sentenced for Plotting to Engage in Terrorist ActivityRead the Press Release
Alexander Ciccolo, aka Ali Al Amriki, 26, of, Adams, Massachusetts, was sentenced today by U.S. District Court Judge Mark G. Mastroianni in Springfield, Massachusetts to 20 years in prison and a lifetime of supervised release in connection with a plot to engage in terrorist activity inspired by the Islamic State of Iraq and Syria (ISIS), a designated foreign terrorist organization. In May 2018, Ciccolo pleaded guilty to one count of attempting to provide material support to a foreign terrorist organization, one count of attempting to use weapons of mass destruction, one count of being a convicted person in possession of firearms, and one count of assaulting a nurse during a jail intake process by use of a deadly weapon causing bodily injury. Ciccolo has been detained since his arrest in July 2015.
The sentencing was announced by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Andrew E. Lelling, and Special Agent in Charge Harold H. Shaw of the FBI’s Boston Field Office.
“The National Security Division will not tolerate threats to our country and its people,” said Assistant Attorney General Demers. “Not only did Ciccolo admit to supporting ISIS — a well-known terrorist group — but he also collected weapons and explosives in order to further their goal of murdering innocent Americans. This sentence holds him accountable for breaking our laws and putting American lives at risk.”
“Alexander Ciccolo planned to kill innocent civilians in the United States on ISIS’s behalf,” said U.S. Attorney Lelling. “Even though he was born and spent most of his life in Massachusetts, Ciccolo decided to turn against his country and plotted to attack his fellow Americans. Thanks to the tireless investigation and swift response of our law enforcement partners, Ciccolo was unable to carry out his violent plan. The sentence handed down today reflects our commitment to bringing all those whose allegiance lies with terrorists to justice.”
“Make no mistake, Alexander Ciccolo was a committed soldier of ISIS who wanted to kill innocent people at a United States university with assault rifles and pressure cooker bombs, not an unwitting dupe who didn’t understand the gravity of what he was doing,” said Special Agent in Charge Shaw. “He repeatedly expressed his desire to engage in acts of violent jihad against our country, and with this sentencing, he will now pay the price for conspiring with a foreign terrorist organization. I commend the hard work and collaboration of all involved, specifically the Western Massachusetts Joint Terrorism Task Force who successfully thwarted Ciccolo’s terroristic plot before any lives were lost. We all play a role in safeguarding our country, and this case not only highlights the importance of continued vigilance, but the significance that family, friends, or by-standers can play in reporting threats or suspicious activities.”
On July 4, 2015, Ciccolo received four firearms that he ordered from an individual, who was cooperating with law enforcement, and who had been communicating with Ciccolo about his plans to engage in a terrorist act. Ciccolo was arrested immediately after receiving the firearms, which included a Colt AR-15 .223 caliber rifle, a SigArms Model SG550-1 556 rifle, a Glock 17-9 mm pistol, and a Glock 20-10 mm pistol. Ciccolo had previously been convicted of a crime punishable by more than a year in jail and therefore was prohibited from possessing firearms.
Ciccolo had spoken with a cooperating witness in recorded conversations about his plans to commit acts of terrorism inspired by ISIS, including setting off improvised explosive devices, such as pressure cookers filled with black powder, nails, ball bearings and glass, in places where large numbers of people congregate, like college cafeterias. Prior to his arrest, agents had observed Ciccolo purchase a pressure cooker similar to the one used in the Boston Marathon bombings.
After his arrest, law enforcement recovered several partially constructed “Molotov cocktails” during a search of Ciccolo’s apartment. These incendiary devices contained what appeared to be shredded Styrofoam soaking in motor oil. Ciccolo had previously stated that this mixture would cause the fire from the exploded devices to stick to people’s skin and make it harder to put the fire out.
While Ciccolo was being processed after his arrest at the Franklin County Correctional Center, Ciccolo attacked and stabbed a nurse with a pen nearly a dozen times leaving a bloody gash on the top of the nurse’s head.
The investigation was conducted by the FBI and a coalition of other Federal, state and local law enforcement agencies.
Assistant U.S. Attorneys Deepika Bains Shukla and Kevin O’Regan of Lelling’s Springfield Branch Office and Trial Attorney Andrew Sigler of the National Security Division’s Counterterrorism Section prosecuted this case.
Maryland Man Sentenced to Four Years in Prison for Trafficking a Minor for Commercial Sex and for Pandering an Adult for Commercial SexRead the Press Release
WASHINGTON – Primous Williams, Jr., 32, of Beltsville, Md., has been sentenced to four years in prison for trafficking a 16-year-old girl and for pandering an adult woman for commercial sex acts at a house in Southeast Washington, U.S. Attorney Jessie K. Liu announced today.
Williams pled guilty in February 2018, in the Superior Court of the District of Columbia, to a charge of attempted sex trafficking of children and a charge of pandering. The plea, which was subject to the Court’s approval, called for a prison term of two to four years. The Honorable Ronna L. Beck accepted the plea on Sept. 4, 2018, and sentenced the defendant accordingly.
Upon completion of his prison term, Williams will be placed on three years of supervised release. He also will be required to register as a sex offender for a period of 10 years. This sentence is to run concurrent to a sentence in Prince George’s County, Md., for related conduct. Judge Beck also ordered Williams to pay restitution in the amount of $10,000 to the two victims, with $9,200 to be paid to the minor victim and $800 to be paid to the adult victim.
According to the government’s evidence, in May 2016, Williams met the minor victim through a young adult who worked for him. Beginning from the first day that he met her, Williams posted ads featuring the minor victim on Backpage.com. He set the prices for commercial sex acts that she performed at a house in Southeast Washington and kept all of the money that she earned. He kept her highly intoxicated with a combination of marijuana and “molly” (an illegal psychoactive drug), which he provided. The minor victim performed commercial sex acts for Williams’s benefit several times a day up until June 2016. Another woman, an adult, also worked for Williams, in the same capacity as the minor victim, at the house in Washington, D.C.
In June 2016, the minor victim and the adult victim were recovered from a hotel in Prince George’s County during an anti-human trafficking sting operation. Both were engaged in commercial sex at the direction of Williams.
In announcing the sentence, U.S. Attorney Liu commended the work of the Metropolitan Police Department (MPD), which investigated the case. She also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Lezlie Richardson and Paralegal Specialists Tiffany Jones and T.J. McPhail. Finally, she expressed appreciation for the work of Assistant U.S. Attorneys Kenya K. Davis and Stuart D. Allen, who investigated and prosecuted the case, and who serve as the co-chairs of the D.C. Human Trafficking Task Force.
Man Indicted for Producing Child PornographyRead the Press Release
WASHINGTON - A federal grand jury in Alexandria, Virginia returned an indictment today charging a Hamilton, Virginia man with production of child pornography.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia, and Assistant Director in Charge Nancy McNamara of the FBI’s Washington Field Office, made the announcement.
According to court documents, in November 2017, Logan Roy McCauley, 25, drove to West Virginia, picked up a minor female he had met online, and drove her to his residence in Hamilton. The minor female’s family reported her missing, and law enforcement was able to locate her at McCauley’s residence by tracing Internet activity associated with one of the minor female’s social media accounts. McCauley admitted to law enforcement that he had engaged in sexual intercourse with the minor and had used his Apple iPhone to record one of the sexual encounters.
The case is being investigated by the FBI Washington Field Office’s Child Exploitation and Human Trafficking Task Force, which is comprised of agents of the FBI, U.S. Marshals, and detectives from the Prince William County Police, Fairfax County Police, Loudoun County Sheriff’s Office, Metropolitan Police, Alexandria City Police, Arlington County Police, Leesburg Police, Virginia State Police and the Offices of Inspector General of several federal agencies. The Loudoun County Sheriff’s Office also assisted in the investigation. Trial Attorney Gwendelynn Bills of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Alexander Berrang of the Eastern District of Virginia are prosecuting the case.
The charges in the indictment are merely allegations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Maine Man Sentenced to 27 Months for Distribution of HeroinRead the Press Release
CONCORD - United States Attorney Scott W. Murray announced that Timothy G. Zani, 39, of Berwick, Maine was sentenced to 27 months in federal prison for distribution of heroin.
According to court documents and statements made in court, in spring 2015, law enforcement officers received information that Zani was distributing heroin in the Berwick, Maine, and Somersworth, New Hampshire areas. On three occasions between May 7 and June 10, 2015, Zani sold heroin to cooperating individuals at locations in Somersworth, New Hampshire,
“The distribution of heroin and fentanyl pose a great threat to public safety,” said U.S. Attorney Murray. “We will continue to work closely with all of our law enforcement partners to investigate and prosecute those who are distributing these deadly substances in the Granite State.”
“Heroin and fentanyl are causing deaths in record numbers and DEA’s top priority is to aggressively pursue and bring to justice anyone who distributes these poisons,” said DEA Special Agent in Charge Brian D. Boyle. “Today’s sentence not only holds Mr. Zani accountable for his crimes but serves as a warning to those traffickers who are fueling the opioid epidemic.”
This matter was investigated by the Drug Enforcement Administration and the Berwick (ME) Police Department. The case is being prosecuted by Assistant U.S. Attorney Anna Dronzek.
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Long Island Man Sentenced to 18 Years’ Imprisonment for Cocaine Trafficking and ArsonRead the Press Release
Earlier today, in federal court in Central Islip, Matthew Aichroth was sentenced by United States District Judge Denis R. Hurley to 18 years’ imprisonment for conspiring to possess and distribute cocaine and committing an arson in furtherance of that conspiracy. The Court also ordered Aichroth to forfeit approximately $3.4 million as proceeds of the cocaine trafficking conspiracy. Aichroth pleaded guilty to the charges in July 2017.
Richard P. Donoghue, United States Attorney for the Eastern District of New York; James J. Hunt, Special Agent-in-Charge, Drug Enforcement Administration (DEA) New York Division; Geraldine Hart, Commissioner, Suffolk County Police Department (SCPD); Errol D. Toulon, Jr., Suffolk County Sheriff; and Paul Johnson, Chief of Police, Hempstead Police Department (HPD), announced the sentence.
“Aichroth used arson, guns and threats of violence to perpetrate his crimes while he poured dangerous drugs into our communities,” stated United States Attorney Donoghue. “Thanks to the outstanding work of our prosecutors and law enforcement partners, it’s his freedom and future that have now gone up in flames.” Mr. Donoghue thanked the Suffolk County Police Department for their assistance during this investigation.
“This sentencing summarizes the gravity of Aichroth’s crimes,” stated DEA Special Agent-in-Charge Hunt. “By heading a bi-coastal drug trafficking operation, Aichroth pushed product into Long Island communities and users’ hands.”
“Today’s sentencing is an example of the ongoing effort by the Suffolk County Police Department and our law enforcement partners, including the Eastern District of New York, to protect our residents from drug and firearm trafficking," stated SCPD Commissioner Hart. "The Suffolk County Police Department has a zero tolerance policy towards this behavior, and those involved should know if they commit crimes in the county that they will be arrested and prosecuted to the fullest of the law. Today’s news provides closure to those who been affected by Mr. Aichroth’s actions as he is being held accountable for his crimes.”
“This defendant utilized violence in furtherance of his drug trafficking activities,” stated Suffolk County Sheriff Toulon. “The Suffolk County Sheriff’s Office is committed to continuing to work with our law enforcement partners in support of these types of investigations to help rid the community of the problems that have been plaguing our neighborhoods and our nation.”
“The defendant’s arrest demonstrates the hard work and dedication of our law enforcement officers,” stated HPD Chief Johnson. “Keeping dangerous individuals off the street and protecting our citizens is our interminable mission.”
According to court filings and facts presented during court proceedings, between February 1, 2015 and September 26, 2016, Aichroth engaged in a bi-coastal cocaine trafficking conspiracy. As part of the investigation, law enforcement officers tracked Aichroth and his associates from Long Island to California and observed a rental car that Aichroth used being loaded onto a car carrier in Downey, California. The officers tracked that car to a shipping lot in New Jersey, where they observed Aichroth retrieve a duffle bag containing more than 10 kilograms of cocaine from the vehicle. The cocaine was then transported by a co-conspirator to a residence in Islip, New York, where it was seized by law enforcement. During the execution of a search warrant at the Islip location, law enforcement recovered seven firearms, ammunition, drug packaging material, numerous pills and approximately 200 grams of cocaine. A search of an apartment that Aichroth used in California yielded 234 grams of cocaine, a 9-millimeter pistol and ammunition.
During the conspiracy, Aichroth set fire to a vehicle parked in front of the residence of an associate in an attempt to intimidate the associate and prevent him from cooperating with law enforcement. The fire also caused extensive damage to the associate’s residence.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Bradley T. King and Madeline O’Connor are in charge of the prosecution.
The Defendant:
MATTHEW AICHROTH
Age: 35
East Islip, New YorkE.D.N.Y. Docket No. 16-CR-605 (S-1) (DRH)
Leader of “We the Best” Cedar Rapids Heroin Ring Sentenced to More Than 30 Years’ ImprisonmentRead the Press Release
A man who led a long-running heroin distribution organization in Cedar Rapids known by customers as “We the Best” was sentenced today to more than 30 years in federal prison.
Antonio Alonzo Outlaw, age 40, from Chicago, Illinois, and Cedar Rapids, Iowa, received the prison term after a December 11, 2017 jury verdict finding him guilty of conspiring to distribute a kilogram or more of heroin and aiding and abetting the distribution of heroin. In September 2017, Outlaw pleaded guilty to two counts of distributing heroin in 2013.
The evidence at trial showed that Outlaw ran a heroin distribution operation in Cedar Rapids from at least 2013 through January 2017. Witnesses testified that Outlaw’s operation was commonly known to customers as “We the Best” because of a signature line commonly included on text messages sent out by members of the group. After making a phone call to the “We the Best” phone, customers would meet with Outlaw or one of his “runners” to purchase the heroin. The evidence showed that Outlaw’s group distributed over two kilograms of heroin during the course of the conspiracy.
Other evidence at the sentencing hearing showed that in the fall of 2017, while in federal custody awaiting trial on the heroin charges, Outlaw participated in an attempted jail break from the Bremer County Jail in Waverly, Iowa. The evidence showed that Outlaw and another federal inmate, Jose Valencia, planned to break out of the jail by having another individual tamper with the exterior of the window to Outlaw’s cell. Jail staff noticed significant damage to the exterior of the window and ended the attempt before the window was breached.
Outlaw was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Outlaw was sentenced to 365 months’ imprisonment. He must also serve a ten-year term of supervised release after the prison term. There is no parole in the federal system.
During the sentencing hearing, the court noted that the trial evidence, which included approximately two dozen customers of “We the Best,” was a “parade of human misery” that showed that Outlaw’s crime significantly impacted the Cedar Rapids community. The court noted trial evidence that showed that Outlaw’s customers often stole items from retail stores to support their drug habits, and that some of those thefts were requested by Outlaw and other members of “We the Best.”
“Even the smallest dose of heroin can kill, and Outlaw pushed kilograms of this poison into our community for years,” said U.S. Attorney Peter E. Deegan, Jr. “Today, through the tireless efforts of our prosecutors and law enforcement partners, Outlaw was brought to justice in a court of law.”
Outlaw is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement and is being prosecuted by Assistant United States Attorneys Dan Chatham and Emily Nydle.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 16-CR-91-LRR.
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Las Vegas Felon Sentenced to 18 Years for Violent Armed CarjackingsRead the Press Release
LAS VEGAS, Nev. – A Las Vegas felon was sentenced today to a total of 216 months in prison for his involvement in two violent armed carjackings that resulted in bodily injury to the victims, announced U.S. Attorney Dayle Elieson for the District of Nevada.
Uriah Zamir Crain, 29, pleaded guilty to one count each of carjacking, carjacking resulting in serious bodily injury, discharging a firearm during and in relation to a crime of violence, and felon in possession of a firearm. United States District Judge Richard F. Boulware II presided over the sentencing hearing.
According to the criminal complaint and plea agreement, on June 22, 2017, co-defendant Nicole Nowak asked the victim to drive her home and invited the victim into the house. Later that night at the house, Crain and another man hit the victim in the head with handguns and stole the victim’s money, wallet, and Ford F-150 truck. Then, on June 25, Crain and Nowak committed a second carjacking. Crain shot the victim in the leg after the victim tried to escape. Crain and Nowak then stole the victim’s Lincoln Navigator and other property. At the time of his arrest, Crain had a stolen Glock 9mm handgun and a 30-round Glock magazine in his possession. Crain was prohibited from possessing a firearm due to his prior Utah felony conviction in 2008 for Injury to a Child and his prior Nevada felony convictions in 2012 for Conspiracy to Commit Robbery and Attempt Robbery.
Co-defendant Nicole Elizabeth Nowak, 24, was previously sentenced on March 21, 2018 to seven years in prison to be followed by five years of supervised release. She previously pleaded guilty to carjacking, carjacking resulting in serious bodily injury, and brandishing a firearm during and in relation to a crime of violence.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Las Vegas Metropolitan Police Department. Assistant U.S. Attorneys Phillip N. Smith, Jr. and Alexandra M. Michael prosecuted the case.
This case was brought as part of Project Safe Neighborhoods, a nationwide commitment by the Department of Justice to reduce gun and gang crime in America by networking local programs that target gun and gun crime and providing these programs with additional tools necessary to be successful. For more information about Project Safe Neighborhoods, visit www.justice.gov/usao-nv.
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Kaysville Man Charged with Operating Financial Fraud Scheme Called “the Project”Read the Press Release
SALT LAKE CITY – A federal indictment unsealed Thursday charges Robert Glen Mouritsen, age 71, of Kaysville, with using a position of prominence to induce friends and fellow church members to give him money to further a financial fraud scheme he called “The Project.” The fraud scheme started in 2006 and continued through Aug. 29, 2018, the indictment alleges.
According to the indictment, Mouritsen represented to victims that The Project involved a series of complicated international transactions that would replace fiat money (legal tender by government decree) with an asset-backed currency system – for example, the U.S. dollar tied to the value of a commodity like gold. Mouritsen represented to victims that The Project involved governments in Asia and Europe and required the help of attorneys and bankers. He also told them it was expensive to keep The Project moving forward. The indictment also alleges Mourtisen told investors The Project was subject to extremely strict confidentiality agreements and he could not disclose many details.
The indictment charges Mouritsen with three counts of wire fraud and three counts of money laundering. The indictment outlines representations made to three victims of the alleged fraud scheme.
The indictment alleges he told an individual identified as Victim #1 that the investment would be short term and would yield significant investment returns. When Mouritsen failed to return the initial investment in a short amount of time, he attempted to lull Victim #1 into a false sense of security about the investment by representing that The Project was almost done, but he needed additional money to continue. Over the years, Victim #1 provided a total of $326,399.51 to Mourtisen for The Project with the most recent investment occurring in and around 2016.
The indictment alleges that in or around 2017, Mouritsen asked Victim #2 to provide money for The Project. He told the victim that The Project was nearing completion. He told the victim that compensation was being held up by the Patriot Act because the money was overseas. He represented that the money would arrive “any day now,” according to the indictment. Mouritsen also asked Victim #2 for more money to keep the attorneys working on getting his money into the United States. Over the years, Victim #2 provided a total of $165,000 to Mourtisen for the project.
According to the indictment, Mouritsen asked Victim #3 to invest in The Project in late July 2008. He provided the victim with a promissory note with a 12 percent annual return due in one year. When Mourtisen failed to repay Victim #3 within one year, he told the victim he needed more money to pay attorneys to complete The Project. He told the victim that attorneys were working to bring money into the United States, but they were having difficulty due to issues with Homeland Security. For years, according to the indictment, Mouritsen represented that money would be coming soon. Over the years, Victim #3 provided $33,000 to Mourtisen for The Project, with the most recent investment occurring on or about Sept. 19, 2013.
The indictment alleges Mourtisen failed to tell investors, among other things, that The Project had failed to produce any returns in over a decade and that he used a significant portion of investor money for his own personal use and benefit.
The indictment seeks a forfeiture judgement of approximately $1.5 million representing the proceeds traceable to the scheme to defraud.
A federal arrest warrant was issued for Mouritsen based on the charges in the indictment. He had an initial appearance Thursday. He entered a plea of not guilty to the charges. A one-week jury trial was set for Nov. 4, 2018, before U.S. District Judge Tena Campbell. Mouritsen was released from custody on conditions of pretrial release. The potential maximum penalty for each count of wire fraud is 20 years in federal prison. Money laundering has a potential penalty of 10 years per count.
Indictments are not findings of guilt. Individuals charged in indictments are presumed innocent unless or until proven guilty in court.
Special agents of the FBI and the IRS-Criminal Investigation Division are investigating the case. Attorneys in the U.S. Attorney’s Office in Salt Lake City are prosecuting the case.
Kanawha County Man Pleads Guilty to Federal Methamphetamine ChargeRead the Press Release
HUNTINGTON, W.Va. – A Kanawha County man pled guilty today to a federal methamphetamine crime, announced United States Attorney Mike Stuart. Shane Steven Thaxton, 41, of Sissonville, entered his guilty plea to possession with intent to distribute 500 grams or more of methamphetamine. U.S. Attorney Stuart commended the investigative efforts of the Drug Enforcement Administration Task Force, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, and the Drug Enforcement Administration’s Atlanta Division.
“Meth is a deadly, dangerous drug that is returning as a serious menace,” said United States Attorney Mike Stuart. “We are working with our law enforcement partners to ensure that meth does not become the diabolical force that it was to our communities just a few years ago. We’re not going back to the future.”
Thaxton admitted that in early May of 2016, he drove from West Virginia to Georgia to pick up methamphetamine for distribution. He further admitted that before driving back to West Virginia, he concealed the drugs in the spare tire of the vehicle. During a traffic stop in the Hurricane area on the return trip, law enforcement searched the vehicle and discovered the methamphetamine hidden in the spare tire. The drugs were later analyzed by a DEA laboratory and determined to be methamphetamine with a weight of over 800 grams.
Thaxton faces at least 10 years and up to life in federal prison when he is sentenced on January 7, 2019.
Assistant United States Attorneys Timothy D. Boggess and Clint Carte are responsible for the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
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Huntington Woman Pleads Guilty to Assisting Methamphetamine SaleRead the Press Release
HUNTINGTON, W.Va. – A Huntington woman who helped set up a methamphetamine sale in January of this year pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart. Casey Marie Porter, 20, entered her guilty plea to aiding and abetting the distribution of methamphetamine in federal court in Huntington. U.S. Attorney Stuart commended the investigative efforts of the Cabell County Sheriff’s Department.
“The example of a tragicness of the drug epidemic,” said United States Attorney Mike Stuart. “A 20 year girl voluntarily pleading to aiding and abetting, being a distributor of the poisons of death. It’s sad. It’s very sad. But this is a serious crime and we’ll deal with it seriously.”
Porter admitted that on January 31, 2018, a confidential informant called her to arrange the purchase of methamphetamine. Porter told the informant that the informant could come to Porter’s residence to meet another individual to purchase the meth. The informant then went to Porter’s residence where the other individual distributed 15 grams of meth to the informant in exchange for $350. Porter was arrested on February 2, 2018, after a search warrant was executed at her residence where additional quantities of meth and heroin were seized. Porter admitted as part of her plea agreement that she had been involved in assisting the other individual distributing meth and heroin in the Huntington area.
Porter faces up to 20 years in federal prison when she is sentenced on January 7, 2019.
Assistant United States Attorney Joseph F. Adams is responsible for the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
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Honduran National Charged with Assaulting Border Patrol AgentsRead the Press Release
In Del Rio, federal authorities filed a criminal complaint against 48–year-old Honduran National Leivin Pineda for allegedly assaulting a Border Patrol agent over the weekend near Eagle Pass, announced United States Attorney John F. Bash and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
The criminal complaint alleges that on September 2, 2018, Border Patrol agents observed the defendant, who they believed to be an illegal alien, walking along FM 1907 in Maverick County. According to the complaint, the agents attempted to approach Pineda, but he fled on foot into the brush. At several points during the foot chase, Pineda threw softball-sized rocks at a high velocity towards the agents’ heads. During the pursuit, the agents repeatedly gave verbal commands to stop, but Pineda refused. The complaint further states that due to Pineda’s actions and that the rocks thrown at the agents could cause serious physical injury or death, a pursuing agent drew his firearm and shot Pineda in the upper chest/left upper arm area in order to neutralize the threat.
Pineda is currently in federal custody following medical treatment and release from a hospital. A detention hearing is scheduled for 1:00pm on September 11, 2018, before United States Magistrate Judge Victor Roberto Garcia in Del Rio. Upon conviction, Pineda faces up to 20 years in federal prison on the assault charge.
The FBI, Department of Homeland Security Office of Inspector General (DHS OIG) and U.S. Customs and Border Protection Office of Professional Responsibility (CBP OPR) are investigating this case. Assistant United States Attorney Matthew Watters is prosecuting this case on behalf of the Government.
It is important to note that a criminal complaint is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
Holly Hill Area Men Plead Guilty to Conspiracy to Smuggle WildlifeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Joseph Logan Brooks, age 29, formerly of Holly Hill, Matthew Tyler Fischer, age 25, of Holly Hill, and Matthew Harrison Kail, age 30, of Pomona Park, Florida, pled guilty to Conspiracy to Smuggle Wildlife, a violation of Title 18, United States Code, § 371. William Fischer, age 48, of Harleyville, pled guilty to Wildlife Trafficking, a violation of Title 16, United States Code, § 3372(a), a misdemeanor. Senior Judge Joseph F. Anderson, Jr., accepted the pleas and will sentence the defendants at a later date.
Evidence presented at the hearing established that the four participated in a syndicate of wildlife smugglers exchanging turtles protected by international agreements back and forth between the United States and China. The conspiracy was led by Steven Baker, age 38, of Holly Hill, who pled guilty in June 2018. The activity took place from January through June 2016. Baker obtained protected turtles from Hong Kong to distribute here in the United States, and he shipped protected turtles from the United States to Asia. Brooks accepted delivery of international packages containing protected turtles. Matthew Fischer gave Baker access to his bank account to receive international wire transfers of funds. Kail provided, bought, and sold protected turtles. William Fischer negotiated for the purchase of two protected turtles.
The transactions were set up using the Facebook text messaging feature. Shipments were made internationally through the United States Postal Service. Several packages were intercepted entering the United States at John F. Kennedy International Airport
The maximum penalty faced by Brooks, Matthew Fischer, and Kail is imprisonment for five years, with a potential fine up to $250,000. The maximum penalty faced by William Fischer is imprisonment of one year and a fine of $10,000.
The United States Fish and Wildlife Service, the United States Postal Inspection Service, and the South Carolina Department of Natural Resources investigated the case. Assistant United States Attorney Winston David Holliday, Jr., of the Columbia office is prosecuting the case.
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Henderson Man Sentenced for Felon in Possession of a Firearm ChargeRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court, United States Chief District Judge James C. Dever, III sentenced XAVIER RAMONE JUDD, 32, of Henderson to 36 months of imprisonment followed by 3 years of supervised release.
JUDD was named in a two-count Indictment filed on December 20, 2017. On April 19, 2018, JUDD pled guilty to one-count of Felon in Possession of a Firearm.
On November 7, 2017, officers with the Henderson Police Department conducted a traffic stop. As officers approached the vehicle, they observed JUDD in the passenger seat. JUDD tried to encourage the driver to leave, but the driver refused. JUDD exited the vehicle and began walking away from the scene. When officers attempted to arrest JUDD, he resisted slightly but was eventually arrested without further incident. In the passenger area where JUDD, a convicted felon, had been sitting, officers seized a 9mm handgun.
This case was part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.
The Henderson Police Department, and the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) conducted the criminal investigation of this case. Assistant United States Attorney S. Katherine Burnette handled the prosecution of this case for the government.
Groveland Man Indicted for Assaulting Customs and Border Protection Officer at Orlando International AirportRead the Press Release
Orlando, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging John Craig Myrick (67, Groveland) with forcible assault of a federal officer. Myrick faces a maximum penalty of 20 years in federal prison.
According to the criminal complaint, on August 11, 2018, Myrick arrived at the Orlando International Airport from Bogota, Colombia. While passing through customs, a Customs and Border Protection Officer (CBPO) referred Myrick into the baggage control seating area. While in the seating area, after a brief interaction, Myrick moved towards another CBPO, who attempted to control Myrick by grabbing Myrick’s arm. Myrick resisted, striking the CBPO in the back of the head or neck. Myrick then fell on top of the CBPO, striking him in the back of the head several times. The CBPO suffered a fractured ankle in the process.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and U.S. Customs and Border Protection. It will be prosecuted by Special Assistant United States Attorney Brandon Bayliss.
Graham Mitchell Clark, A/K/A “Molly Poppins” Pleads Guilty to Drug Trafficking ChargesRead the Press Release
CHATTANOOGA, Tenn. – On August 29, 2018, Graham Mitchell Clark, a/k/a “Molly Poppins,” pleaded guilty before the Honorable Susan Lee, U.S. Magistrate Judge, to possessing with the intent to distribute MDMA and LSD at the Bonnaroo Music Festival (Bonnaroo), in Manchester, Tennessee.
Sentencing is set for November 30, 2018, in U.S District Court, Chattanooga. Clark faces a federal prison term of up to 40 years and at least four years supervision by U.S. Probation upon his release from prison.
According to documents on file with the U.S. District Court, agents with the Tennessee Bureau of Investigation (TBI) conducted an undercover drug buy from Clark at the 2017 Bonnaroo. At the time, Clark was known to federal law enforcement as an individual who distributed drugs at various music festivals under the trade name “Molly Poppins.” After his arrest, officers inventoried his car and found approximately a half-pound of MDMA and over five gross grams of LSD. In his plea agreement, Clark admitted that he used cryptocurrency to purchase the drugs via the “dark web.”
This investigation was conducted by the TBI, FBI, U.S. Postal Inspection Service, and Manchester Police Department. Assistant U.S. Attorney Kyle Wilson represented the United States in court proceedings.
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