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Wednesday 29 August 2018
Two Californians Plead Guilty to Federal Drug Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – Brian Kishawn Philson, 28, and Nekia Tiara Martin, 21, both of Stockton, Calif., pled guilty today in federal court in Albuquerque, N.M., to methamphetamine trafficking offenses. The defendants entered their guilty pleas to charges arising out of the seizure of approximately 4.3 pounds of methamphetamine during a DEA interdiction investigation in March 2018.
The DEA arrested Philson and Martin in March 2018, after seizing approximately .95 kilograms (2.09 pounds) of methamphetamine from Philson and approximately one kilogram (2.2 pounds) of methamphetamine from Martin on March 26, 2018, in Albuquerque. Philson and Martin were subsequently indicted on April 24, 2018, and charged with conspiracy and possession of methamphetamine with intent to distribute on March 26, 2018, in Bernalillo County, N.M.
During today’s proceedings, Philson and Martin each entered a guilty plea to Count 2 of the indictment charging them with possession of methamphetamine with intent to distribute. In entering their guilty pleas, Philson and Martin admitted possessing approximately 864 grams of methamphetamine while traveling through Albuquerque. They also admitted that they intended to deliver the methamphetamine to others when they arrived at their final destination.
Philson and Martin have been in federal custody since their arrests and will remain detained pending their sentencing hearings, which have yet to be scheduled. Under the terms of his plea agreement, Philson faces a sentence of ten years of imprisonment followed by a term of supervised release to be determined by the court. Martin faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney James D. Tierney.
Ten-Time Previously Deported Alien Sentenced for Illegal Reentry of an Aggravated Felon Subsequent to Multiple ConvictionsRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that JOSE ALFONSO RODRIGUEZ-GARCIA, age 54, of El Salvador, was sentenced in Raleigh by Senior United States District Court Judge W. Earl Britt to 115 months imprisonment for illegal reentry of an aggravated felon.
RODRIGUEZ-GARCIA was named in a one-count Indictment returned by a grand jury sitting in the Eastern District of North Carolina on May 3, 2017. The indictment charged him with illegal reentry of an aggravated felon, and RODRIGUEZ-GARCIA pled guilty to the same on May 22, 2018.
As detailed in the public record, RODRIGUEZ-GARCIA was found in Wake County due to his arrest for second degree forcible rape. He was arrested after having been previously deported ten (10) times, subsequent to multiple convictions, including:
- burglary,
- receiving stolen property,
- grand theft from a person,
- theft,
- attempt to distribute a controlled substance,
- resisting public officer,
- trespassing,
- possession of controlled substances,
- auto theft,
- evading arrest,
- assault on a female,
- deported alien found in the United States,
- illegal reentry of a previously deported alien, and
- illegal reentry by a previously deported aggravated felon.
United States Attorney Higdon said, “For years, Jose Alfonso Rodriguez-Garcia disregarded the laws of the United States having been previously deported ten times and racking up conviction after convictions including assault and narcotics offenses. With this 115 month sentence, the American citizens, and in particular those of the Eastern District, are safer today because it has put a stop to Rodriguez-Garcia’s treating our borders as a revolving door.”
The case was investigated by ICE’s Enforcement and Removal Operations.
Suboxone Clinic Doctor Pleads Guilty to Unlawfully Distributing Controlled Substances and Health Care FraudRead the Press Release
PITTSBURGH, PA. - A resident of Sewickley, PA, pleaded guilty in federal court to charges of unlawfully distributing controlled substances, conspiracy to distribute controlled substances and health care fraud, United States Attorney Scott W. Brady announced today.
Michael Bummer, 39, pleaded guilty to three counts before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that Bummer was a physician practicing at Redirections Treatment Advocates, a Suboxone clinic, located in Washington, PA. Bummer admitted that he and others conspired together to create and submit unlawful prescriptions for buprenorphine, known as Subutex and Suboxone, and then unlawfully dispensed those controlled substances to other persons. Bummer also admitted to committing health care fraud for causing fraudulent claims to be submitted to Medicaid and Medicare for payments to cover the costs of the unlawfully prescribed buprenorphine.
Judge Schwab scheduled sentencing for January 9, 2019 at 11 a.m. The law provides for a total per count sentence of 10 years in prison, a fine of $500,000.00, or both, for the controlled substances offenses. Bummer faces an additional maximum term of imprisonment of 10 years and fine of $250,000.00 for the health care fraud charge. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Robert S. Cessar and Michael L. Ivory are prosecuting this case on behalf of the government.
The investigation leading to the filing of charges in this case was conducted by the Western Pennsylvania Opioid Fraud and Abuse Detection Unit, which combines personnel and resources from the following agencies to combat the growing prescription opioid epidemic: Federal Bureau of Investigation, U.S. Health and Human Services – Office of Inspector General, Drug Enforcement Administration, Internal Revenue Service-Criminal Investigations, Pennsylvania Office of Attorney General - Medicaid Fraud Control Unit, United States Postal Inspection Service, U.S. Attorney’s Office – Criminal Division, Civil Division and Asset Forfeiture Unit, Department of Veterans Affairs-Office of Inspector General, Food and Drug Administration-Office of Criminal Investigations and the Pennsylvania Bureau of Licensing.
Six Indicted in Interstate Marijuana Trafficking ConspiracyRead the Press Release
PORTLAND, Ore. – U.S. Attorney Billy J. Williams has announced charges against six individuals for their roles in two vast conspiracies to traffic marijuana grown in Portland to Texas, Virginia and Florida.
According to a superseding indictment, Jody Tremayne Wafer, 29, Trent Lamar Knight, 30, and Brittany Lesanta Kizzee, 28, of Houston, Texas; and Raleigh Dragon Lau, 33, and Paul Eugene Thomas, 38, of Portland, are accused of conspiring to manufacture marijuana in Portland, and distributing it in Texas and Virginia.
Wafer, Knight and Kizzee had previously been charged with kidnapping and firearms offenses in December 2017. Thomas had previously been charged with being a felon in possession of a firearm in December 2017.
In a separate indictment, Cole William Griffiths, 30, of Hood River, Oregon, is accused of conspiring to manufacture marijuana in Hood River and shipping it to Florida.
Drug proceeds, in the form of bulk U.S. currency, were returned to Oregon via U.S. mail and passenger luggage on commercial airlines. Based on court documents, Federal authorities have seized approximately 11,000 marijuana plants, 546 pounds of processed marijuana, more than $2.8 million in cash, 51 firearms, 26 vehicles, trailers, and pieces of heavy equipment, and a yacht, and have alleged three houses used as marijuana grow sites are subject to forfeiture, all since August 2017.
“These cases provide clear evidence of what I have repeatedly raised concerns over: Oregon’s marijuana industry is attracting organized criminal networks looking to capitalize on the state’s relaxed regulatory environment” said Billy J. Williams, U.S. Attorney for the District of Oregon. “Dismantling criminal organizations is a key focus of our marijuana enforcement strategy. We will continue to work with our federal, state, local and tribal partners to disrupt overproduction and the illegal export of marijuana out-of-state.”
“DEA will continue to pursue all organized and dangerous interstate marijuana trafficking groups impacting the public’s safety,” said DEA Special Agent in Charge Keith Weis.
“Although the state of Oregon allows for marijuana cultivation and use within state borders, interstate trafficking and distribution remains illegal. IRS-Criminal Investigation will continue to vigorously investigate financial gains obtained through these activities, as we remain committed to the disruption and dismantling of black market marijuana operations,” said Darrell Waldon, Special Agent in Charge of IRS-Criminal Investigation’s Seattle Field Office.
“Through collaboration with our law enforcement partners, hard work and patience, HSI special agents are identifying the criminal organizations producing drugs in Oregon and illegally exporting them out-of-state—and holding them responsible for their illicit activities,” said Brad Bench, Special Agent in Charge for Homeland Security Investigations (HSI) in the Pacific Northwest. “One by one, we’ll seek you out, with our ultimate goal being to dismantle the entire criminal organization.”
“The convergence of guns, drugs and violence with illicit cash are a threat to our community,” said Renn Cannon, Special Agent in Charge of the FBI in Oregon. “We are working aggressively with our law enforcement partners to address these threats.”
All six defendants are charged with conspiring to manufacture, possess with intent to distribute, and distribute marijuana, and to maintaining drug-involved premises. Other charges include manufacturing and distributing marijuana, money laundering, interfering with commerce by threats and violence, kidnapping, using a firearm during a crime of violence and drug trafficking crime, and felon in possession of a firearm.
Griffiths made an initial appearance in federal court on August 24, 2018 before U.S. Magistrate Judge Youlee Yim You and pleaded not guilty. He was released pending trial. A four-day jury trial is scheduled for October 23, 2018 before U.S. District Court Judge Marco A. Hernandez. The five remaining defendants are expected to make their first appearances at various times over the next three weeks.
As part of this same investigation, the U.S. has also filed a parallel civil complaint alleging that three pieces of real estate in Portland and Lake Oswego are subject to forfeiture because they were used to grow some of the marijuana related to these charges. The three properties are valued at a total of roughly $1.7 million.
An indictment is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
This case was investigated by DEA, IRS-CI, HSI and the FBI.
This case was brought as part of the Justice Department’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the department’s strategy for reducing the availability of drugs in the U.S. OCDETF was established in 1982 to mount a comprehensive attack on drug trafficking by disrupting and dismantling major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in coordination with state and local law enforcement.
Wafer-Knight-Kizzee-Lau-Thomas Superceding Indictment
Griffiths IndictmentShallotte Man Sentenced to 71 Months in Prison for Drug Trafficking ConspiracyRead 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, Senior United States District Judge W. Earl Britt sentenced DELMAS CARLYLE GAUSE, a/k/a “Trampus,” 53, of Shallotte, North Carolina, to 71 months in prison, followed by 5 years of supervised release.
GAUSE was charged by Criminal Information with conspiring to distribute and possess with intent to distribute twenty-eight grams or more of cocaine base (crack).
On May 4, 2017, the Brunswick County Sheriff’s Office received information that GAUSE was selling cocaine base (crack) from his residence in Shallotte, North Carolina. On the same date, officers conducted a traffic stop of one of GAUSE’s customers, and officers recovered a small amount of cocaine base.
Officers then arrested GAUSE and recovered cocaine base and $571 in currency from him.
This case is part of the United States Attorney’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.
Members of the Brunswick County Sheriff’s Office then conducted a search of GAUSE’s residence and seized cocaine, cocaine base, marijuana, digital scales, and $920 in currency.
This case was brought by the United States Attorney’s Office through partnerships with the Brunswick County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant United States Attorney Scott A. Lemmon.
Senate Confirms Terwilliger as United States AttorneyRead the Press Release
ALEXANDRIA, Va. – G. Zachary Terwilliger has been confirmed by the United States Senate as the 62nd United States Attorney for the Eastern District of Virginia.
“I am humbled, thankful, and deeply honored to be confirmed as the United States Attorney for the Eastern District of Virginia,” said Terwilliger. “As a federal prosecutor who focused on complex violent crime, organized crime, fraud, and human trafficking cases for almost a decade, I have had the privilege of working with some of the best law enforcement officers, prosecutors, attorneys, and colleagues in the country. I owe a huge debt to those who took the time to teach me how to be an AUSA, and to the many AUSAs from 1789 to present who have made this district one of the best in the country.”
“I am grateful to the President for my nomination, the Attorney General for his willingness to support my prior appointment, to Senators Warner and Kaine for their recommendation and endorsement, and to my family for their constant support, patience, and understanding as I have pursued the calling of public service,” said Terwilliger.
“Since the Attorney General appointed me in late May, I have travelled to each sector of the District and engaged in substantive strategy meetings with over 100 law enforcement leaders in our Alexandria, Newport News, Norfolk, and Richmond divisions, including chiefs of police, sheriffs, commonwealth’s attorneys, and federal law enforcement officials,” said Terwilliger. “With the strong federal, state, and local collaboration that exists in the Eastern District, we are bringing impact cases and fighting violent crime, gangs, opioids, national security threats and criminal immigration offenses. In the last three months, we have charged nearly 40 illegal firearms cases, 60 defendants for trafficking illegal substances such as heroin and fentanyl, and nearly 100 criminal immigration cases that include many defendants who have committed serious, dangerous offenses in our communities. We have also continued our critical work battling espionage and terrorism, defending civil actions against the United States, its agencies, and employees, pursuing affirmative civil enforcement to recover government money lost to fraud, upholding the civil rights of the District’s citizens, protecting servicemembers’ rights, fighting fraud against vulnerable victims and our institutions, as well as prosecuting cyber intrusion, child exploitation, and trafficking offenses.”
“This important work has been recognized by the Department, and with tremendous support from the Attorney General and our administrative staff here, I have had the great fortune to hire 25 new employees, including 15 new Assistant United States Attorneys, who will be force multipliers for our mission.”
Terwilliger began his career at EDVA as an intern in 1999. In 2008, he was hired as the Project Safe Neighborhood Special Assistant U.S. Attorney to focus on gun and gang crime. In 2010, Terwilliger was hired as an Assistant U.S. Attorney.
Immediately prior to his appointment as U.S. Attorney on May 25, Terwilliger served as an Associate Deputy Attorney General, and Chief of Staff in the Office of the Deputy Attorney General at the Department of Justice. In that role, Terwilliger was a principal advisor to senior Department of Justice leadership for corporate compliance, federal, state and local law enforcement cooperation, violent crime reduction, and other critical matters.
As U.S. Attorney, Terwilliger is the chief federal law enforcement officer in EDVA and supervises the prosecution of all federal crimes and the litigation of all civil matters in which the United States has an interest. Terwilliger leads a staff of over 250 prosecutors, civil litigators, and support personnel located in Alexandria, Newport News, Norfolk, and Richmond.
Terwilliger earned a Bachelor of Arts degree in Government and Foreign Affairs from the University of Virginia and graduated with the highest honors from the William & Mary School of Law. Following law school, he clerked for the Honorable K. Michael Moore, currently the Chief Judge of the U.S. District Court for the Southern District of Florida.
Terwilliger has lived in the Eastern District of Virginia for over 25 years.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
Securities Fraud Charges Announced Today Against Former Junior Analyst for Major Investment Bank and Current NFL PlayerRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced Damilare Sonoiki, 27, of Beverly Hills, California, and Marvin Mychal Kendricks, 27, of Fresno, California were charged today by information with insider trading.
According to the information, from July 2014 to approximately March 2015, Sonoiki and Kendricks conspired together to commit securities fraud. Sonoiki, then a junior analyst at a global investment bank in New York, provided material non-public information to Kendricks, then a linebacker for the Philadelphia Eagles, regarding upcoming mergers involving four investment bank clients of the global investment bank. Sonoiki obtained and used this information in violation of his duty of confidentiality that he owed to the investment bank.
Relying on the material non-public information he received from Sonoiki, the information alleges that Kendricks purchased call options in the target companies, Compuware, Move, Sapient, and Oplink. When the proposed merger was announced in each case, the value of Kendricks’s options went up significantly. Based on the alleged insider trading related to Compuware, Mr. Kendricks made a purchase of approximately $60,000 in call option contracts, and after the public merger announcement, sold those same option contracts for approximately $138,000, which was a 130% increase. With respect to Move, Mr. Kendricks made a purchase of approximately $71,000 and sold after the public merger announcement for approximately $350,000, which constituted a 393% increase. For Sapient, Mr. Kendricks made a purchase of approximately $146,000 in call option contracts and sold them after the public merger announcement for approximately $635,000, which was a 335% increase. Finally, with Oplink, Mr. Kendricks purchased the call option contracts for approximately $446,000 and sold them after the public merger announcement for approximately $798,000, which was a 79% increase from the purchase price.
Mr. Kendricks allegedly made a profit of approximately $78,000 from his Compuware investments, approximately $279,000 from Move, approximately $489,000 from Sapient, and approximately $352,000 from Oplink, for a total of approximately $1.2 million. The information further alleges that defendant Kendricks provided defendant Sonoiki with tickets to Eagles games and approximately $10,000 in cash.
“When individuals engage in insider trading – buying and selling securities based on material, non-public information – it undermines faith in our financial markets and harms ordinary investors who do play by the rules,” said U.S. Attorney McSwain. “As alleged, Mr. Sonoiki and Mr. Kendricks cheated the market, cheated other investors, and placed themselves above the law. My Office will continue to work with our law enforcement partners to maintain the integrity of the financial markets, which is one of our top priorities.”
“At the heart of insider trading cases is the concept of a level playing field,” said Christian Zajac, Assistant Special Agent in Charge of the FBI’s Philadelphia Division. “Investors bet on individual stocks, based on public knowledge of a company’s past performance and future plans. As alleged, Mychal Kendricks used material non-public information, provided by his co-defendant, to score significant profits from expected market moves. That’s not merely gaming the system—that’s a federal crime. Insider trading has long posed a threat to U.S. financial markets, because it compromises the public’s trust that our markets operate fairly. For that reason, the FBI takes seriously our responsibility to investigate insider trading and other significant financial crimes.”
If convicted, each defendant faces a maximum possible sentence of 25 years’ imprisonment, a three-year period of supervised release, $5,250,000 fine, and a $200 special assessment. Forfeiture of all proceeds from the offenses also may be ordered.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney David J. Ignall. The U.S. Attorney’s Office also would like to thank the Securities and Exchange Commission for their assistance in this matter.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Second Dominican Republic National Apprehended at the Red Hook Ferry Dock Appears in Federal Court on Illegal Reentry ChargesRead the Press Release
St. Thomas, USVI – Luis Miguel Recio Fernandez, 29, made his initial appearance before U.S. Magistrate Judge Ruth Miller after being arrested and charged with illegal reentry into the United States, United States Attorney Gretchen Shappert announced. The Magistrate Judge detained Fernandez pending preliminary and detention hearings scheduled for August 31, 2018.
According to court documents, Customs and Border Protection officers encountered Fernandez at the Red Hook dock where he arrived by ferry boat from St. John. He was previously removed from the United States on August 23, 2012, after having been convicted of a controlled substance offense.
Under federal law Fernandez faces a maximum sentence of 10 years in prison and a $250,000 fine.
United States Attorney Shappert reminds the public that every defendant is presumed innocent until and unless proven guilty.
This case is being investigated by Homeland Security Investigations (HSI). It is being prosecuted by Assistant United States Attorney Everard E. Potter.
Sapulpa Man Pleads Guilty to Utica Square Bank RobberyRead the Press Release
TULSA, Okla.— United States Attorney Trent Shores announced that Mark Nicholas Jones, 37, of Sapulpa, pleaded guilty in federal court this morning to Bank Robbery and Brandishing a Firearm During a Crime of Violence.
On July 6, 2018, Jones entered Commerce Bank, located at 2054 Utica Square in Tulsa, wearing a mask and brandishing a 9 mm pistol. He demanded money from a teller and threatened to shoot customers discovered using cellphones. Jones then ordered the teller at gunpoint to fill a backpack with cash before fleeing the bank in an SUV. Tulsa Police officers later located Jones driving the same SUV in Tulsa, but he refused to stop for the officers. Jones then led police on an hour-long high speed chase before the Oklahoma Highway Patrol used a “Tactical Vehicle Intervention” maneuver to disable Jones’ vehicle. At the time of arrest, officers discovered the pistol and mask used in the crime, as well as the $2,379 in cash stolen from the bank.
As part of the plea agreement, Jones and the Government agreed to a sentence of 90 months in prison, restitution to the bank, and forfeiture of the weapon used in the crime.
United State Attorney Trent Shores stated, “Mr. Jones’ criminal actions on July 6 endangered the lives of bank employees and customers. He further endangered lives by leading law enforcement officers on a high speed chase. Criminals who put innocent Oklahomans at risk will be held responsible in a court of law.”
Several law enforcement agencies were involved in a coordinated effort to bring Jones into custody in connection to the crime, including the Federal Bureau of Investigation, the Tulsa Police Department, and the Oklahoma Highway Patrol. Assistant United States Attorney Christopher J. Nassar prosecuted the case.
Rio Rico Man Sentenced to over 6 Years in Prison for Smuggling AmmunitionRead the Press Release
TUCSON, Ariz. – On Aug. 29, 2018, Fernando Romero-Salgado, 38, of Rio Rico, Ariz., was sentenced by U.S. Chief District Judge Raner C. Collins to 82 months’ imprisonment. Romero-Salgado had been previously found guilty following trial of smuggling goods from the United States and possession of ammunition by a convicted felon.
On Dec. 8, 2016, Romero-Salgado and co-defendant Alberto De La Cruz-Cano purchased 12,000 rounds of ammunition from an ammunition store in Phoenix, intending to unlawfully export the ammunition to Mexico. They loaded the ammunition into Romero-Salgado’s vehicle and Romero-Salgado drove to Rio Rico, where he was found with the ammunition at his home. Romero-Salgado had been previously convicted of four felony offenses and was therefore prohibited from possessing ammunition by federal law. He and De La Cruz-Cano had also smuggled ammunition into Mexico on several prior occasions. De La Cruz-Cano was previously sentenced in this case to 41 months’ imprisonment after pleading guilty to his smuggling offenses.
The investigation in this case was conducted by the Department of Homeland Security - Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The prosecution was handled by Angela W. Woolridge, Assistant U.S. Attorney, District of Arizona, Tucson.
CASE NUMBER: CR-16-00131-TUC-RCC
RELEASE NUMBER: 2018-115_ Romero-Salgado
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Registered Sex Offender Indicted for Child Sex Offenses; Faces Mandatory Life SentenceRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin, announced that on August 28, 2018, a federal grand jury returned an indictment against Brian D. Wickersham (age: 58) of Merrill, Wisconsin.
Wickersham faces charges alleging he attempted to coerce or entice a minor child to engage in illicit sexual activity contrary to Title 18, United States Code, Section 2422(b). He is further charged with transporting the minor across state lines with the intent to engage in criminal sexual activity contrary to Title 18, United States Code, Section 2423(a). Wickersham was previously convicted of first-degree sexual assault of a child in Milwaukee County Circuit Court. Due to this conviction he is a lifetime sex offender registrant under the laws of Wisconsin. As such, he faces a third charge for the commission of a felony sex offense by an individual required to register as a sexual offender contrary to Title 18, United States Code, Section 2260A. If convicted of the charges, Wickersham faces a mandatory life sentence.
This case was investigated by the Brown County Internet Crimes Against Children (ICAC) Task Force and the Green Bay office of the F.B.I. It will be prosecuted by Assistant United States Attorney Daniel R. Humble.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006, by the U.S. Department of Justice. 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.projectsafechildhood.gov.
An indictment is only a charge and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove him guilty beyond a reasonable doubt.
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For additional information contact:
Public Information Officer Dean Puschnig (414) 297-1700
Postal Employee Indicted in a Stolen Identity Refund Fraud SchemeRead the Press Release
A federal grand jury sitting in Montgomery, Alabama returned an indictment, which was unsealed today, against a resident of Phenix City, Alabama for his role in a stolen identity refund fraud scheme, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Louis V. Franklin Sr. for the Middle District of Alabama.
According to the indictment, Demetrius Jones worked as a mail carrier for the United States Postal Service and his postal route was located in Phenix City, Alabama. In 2013, Jones is alleged to have joined in a scheme to file false tax returns using stolen identities in order to obtain fraudulent tax refunds. Jones’ co-conspirators allegedly obtained stolen personal identification information from several sources, including from an Alabama state database, and then prepared and filed false federal income tax returns. The indictment further alleges that the co-conspirators directed the tax refund checks be mailed to addresses located on Jones’s postal route and would then pay Jones a fee for him to deliver the checks.
If convicted, Jones faces a statutory maximum sentence of 10 years in prison for the conspiracy count, 20 years in prison for each count of mail fraud, and a mandatory minimum sentence of two years in prison for aggravated identity theft. The defendant also faces substantial monetary penalties, supervised release, restitution, and forfeiture.
An indictment merely alleges that crimes have been committed. A defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Franklin commended special agents of Internal Revenue Service-Criminal Investigation and the United States Postal Service, Office of Inspector General who investigated the case and Trial Attorneys Michael C. Boteler and Gregory P. Bailey of the Tax Division and Assistant U.S. Attorney Jonathan Ross of the Middle District of Alabama, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Pittsburgh Woman Sentenced to 90 Months in Prison for Conspiring to Distribute Fentanyl and Cocaine that Resulted in an Overdose DeathRead the Press Release
PITTSBURGH, PA – A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 90 months’ imprisonment, followed by six years’ supervised release on her conviction of conspiracy to distribute narcotics, United States Attorney Scott W. Brady announced today.
United States District Judge Arthur J. Schwab imposed the sentence on Katie Spratt, 32. According to information presented to the court at the time Spratt entered a guilty plea, she regularly purchased fentanyl and cocaine from her co-defendant, Skyler Carter, for both personal use and further distribution, and was responsible for distributing quantities of fentanyl and cocaine resulting in the June 5, 2017, overdose death of a victim, identified as "A.B." Spratt further acknowledged her responsibility for participating with other members of the conspiracy in the distribution of more than 160 grams of fentanyl, 280 grams of cocaine base, and 3.5 kilograms of cocaine. Spratt is the sixth of the 21 defendants charged in the conspiracy to be sentenced.
In imposing sentence, Judge Schwab noted the tragic consequences of Spratt’s drug trafficking activity and the fentanyl epidemic gripping western Pennsylvania. He added that calling drug trafficking a "nonviolent [offense] is misguided."
The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the Allegheny County Sheriff’s Office, the Allegheny County Police Department, and the Pittsburgh Bureau of Police. The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises. Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.
Paterson Man Sentenced to 151 Months in Prison for Robbing Two Passaic County BanksRead the Press Release
NEWARK, N.J. – A Paterson, New Jersey, man was sentenced today to 151 months in prison for robbing a TD Bank in Paterson in June 2017 and an Investors Bank in Clifton, New Jersey, in July 2017, U.S. Attorney Craig Carpenito announced.
James M. Chestnut, 63, previously pleaded guilty before U.S. District Judge William H. Walls to an information charging him with two counts of bank robbery. Judge Walls imposed the sentence today in Newark federal court.
According to the documents filed in this case and statements made in court:
On June 30, 2017, Chestnut entered a TD Bank in Paterson and handed a teller a note stating “Put 100s and 50s in the envelope. No dye pack.”
On July 5, 2017, Chestnut entered an Investors Bank in Clifton and approached a teller, this time brandishing what appeared to be a firearm. He told the teller to “Open your drawer. Give me your money. All the 100s. Don’t call the cops or I’ll shoot you.”
During the plea, Chestnut also admitted attempting to rob a Chase Bank in Saddle Brook, New Jersey, on July 3, 2017.
In addition to the prison term, Judge Walls sentenced Chestnut 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 Paterson Police Department, under the direction of Director Jerry Speziale; the Saddle Brook Police Department, under the direction of Chief Robert Kugler; the Clifton Police Department, under the direction of Chief Mark Centurione; and the Passaic Police Department, under the direction of Chief Luis A. Guzman, for their assistance.
In addition, the investigation was aided by the FBI Violent Crime Task Force, which is comprised of law enforcement personnel from the Bergen County Prosecutor’s Office, the Passaic County Prosecutor’s Office, the Roxbury Police Department, the Paterson Police Department, and the N.J. State Police.
The government is represented by Assistant U.S. Attorneys Elaine K. Lou and Heather Suchorsky of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Patrick McMahon Esq., Assistant Federal Public Defender, Newark
North Branford Man Who Hacked into More Than 200 Apple iCloud Accounts Sentenced to PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that GEORGE GAROFANO, 26, of North Branford, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to eight months of imprisonment, followed by three years of supervised release, for engaging in a phishing scheme that gave him illegal access to more than 200 Apple iCloud accounts, many of which belonged to members of the entertainment industry.
According to court documents and statements made in court, from April 2013 through October 2014, GAROFANO engaged in a phishing scheme to obtain usernames and passwords for iCloud accounts. GAROFANO admitted that he sent e-mails to victims that appeared to be from security accounts of Apple and encouraged the victims to send him their usernames and passwords, or to enter them on a third-party website, where he would later retrieve them. GAROFANO used the usernames and passwords to access his victims’ iCloud accounts, which allowed him to steal personal information, including sensitive and private photographs and videos. In some instances, GAROFANO traded the usernames and passwords, as well as the materials he stole from the victims, with other individuals.
By illegally accessing the iCloud accounts, GAROFANO gained access to approximately 240 accounts. Although many of GAROFANO’s victims were members of the entertainment industry in California, many non-celebrities who live in Connecticut were also victimized.
This matter stems from an investigation conducted by the FBI in Los Angeles into the leaks of photographs of numerous female celebrities in September 2014. The U.S. Attorney’s Office for the Central District of California, which is leading the prosecution, filed charges against GAROFANO on January 11, 2018, and the parties agreed to transfer the case to the District of Connecticut for further prosecution.
On April 11, 2018, GAROFANO pleaded guilty to one count of unauthorized access to a protected computer to obtain information.
GAROFANO, who is released on a $50,000 bond, was ordered to report to prison on October 10, 2018.
Judge Bolden ordered GAROFANO to perform 60 hours of community service while on supervised release.
This case was prosecuted by Assistant U.S. Attorney Neeraj Patel of the District of Connecticut and Assistant U.S. Attorney Ryan White of the Central District of California.
New York Man Pleads Guilty to Possession of Child PornographyRead the Press Release
BOSTON – A New York man pleaded guilty today in district court in Springfield to possession of child pornography.
Emil Kaufman, 27, of Yorktown Heights, New York, pleaded guilty to one count of possession of child pornography. United States District Court Judge Mark G. Mastroianni scheduled sentencing for Nov. 28, 2018.
On June 26, 2013, Kaufman was arrested in Great Barrington, Mass., after an investigation into a peer-to-peer file-sharing network, which Kaufman used to download and share child pornography. A subsequent examination of Kaufman’s computer and storage devices revealed that he possessed over 300 images of child pornography.
If the plea agreement reached by the parties is accepted by the Court, Kaufman will be sentenced to time served and 10 years of supervised release.
United States Attorney Andrew E. Lelling and Peter C. Fitzhugh, Special Agent in Charge of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Kevin O’Regan, Chief of Lelling’s Springfield Branch Office, is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Navajo Man from To’hajiilee Sentenced for Federal Misdemeanor Assault ConvictionRead the Press Release
ALBUQUERQUE – Bruce Piaso, 37, an enrolled member of the Navajo Nation from To’hajiilee, N.M., was sentenced today in federal court in Albuquerque, N.M., to three years of probation for his conviction on a misdemeanor assault charge.
Piaso was arrested on June 3, 2016, on a criminal complaint charging him with assaulting a federal officer. The complaint charged Piaso with attacking a tribal officer of the Navajo Nation Division of Public Safety, who was federally commissioned by the BIA’s Office of Justice Services, on May 28, 2016, on the Navajo Indian Reservation by punching and kicking the officer while attempting to avoid arrest. The complaint alleged that Piaso jumped on the officer and attempted to take control of the officer’s weapon. Piaso was taken into tribal custody on May 28, 2016, and remained in tribal custody until he was arrested on the federal charge.
Piaso was indicted on June 30, 2016, and was charged with assault on a federal officer resulting in bodily injury, and assault on a federal officer with a dangerous weapon. The indictment alleged that Piaso committed the crimes on May 28, 2016, in Cibola County, N.M. On Dec. 21, 2017, a federal jury found Piaso guilty of the lesser included offense of simple assault, a misdemeanor, and acquitted Piaso on the other charges in the indictment, after a three-day trial.
This case was investigated by the Albuquerque office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Nicholas J. Marshall prosecuted the case.
Navajo Man from Shiprock Sentenced to Five Years in Prison for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Lance Wilson, 31, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Santa Fe, N.M., to 60 months in prison for his conviction on an assault charge. Wilson will be on supervised release for three years after completing his prison sentence.
Wilson was arrested in Jan. 2017, on a criminal complaint charging him with assaulting a Navajo man by striking him in the head with a pair of wire cutters on the Navajo Indian Reservation in San Juan County, N.M.
Wilson subsequently was indicted on Jan. 24, 2017. The two-count indictment charged Wilson with assault with intent to commit murder and assault resulting in serious bodily injury. The indictment alleged that Wilson committed the crimes on Dec. 24, 2016, on the Navajo Indian Reservation in San Juan County.
On Oct. 2, 2017, Wilson pled guilty to Count 2 of the indictment charging him with assault resulting in serious bodily injury. In entering the guilty plea, Wilson admitted that on Dec. 24, 2016, he struck the victim twice in the head with a cable-cutting tool because he was angry with the victim. Wilson further admitted that as the result of the assault, the victim required multiple surgeries including one to place a plate in his skull. Wilson acknowledged that, as the result of the assault, the victim suffered permanent injuries including memory loss and loss of speech, requires the use of a wheelchair, and resides in a health care facility.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Michael D. Murphy prosecuted the case.
National Center for Disaster Fraud Reminds Residents to be Aware of Fraud When Disaster Strikes and Report ItRead the Press Release
On August 29th 2005, Hurricane Katrina devastated the Gulf Region of the United States, caused hundreds of thousands of people to be displaced from their homes, and caused damages estimated in excess of $100 billon. In the wake of Katrina, billions of dollars in federal aid flowed into the Gulf Region and, inevitably, so did those willing to exploit people during some of their most vulnerable times. As a result, the U.S. Department of Justice established the National Center for Disaster Fraud (NCDF).
The NCDF, a national coordinating agency, was created by a partnership between the Department of Justice’s Criminal Division and various law enforcement and regulatory agencies. The goal was to improve and further the detection, prevention, investigation, and prosecution of fraud related to natural and man-made disasters, and to advocate for the victims of such fraud. The NCDF is led by U.S. Attorney for the Middle District of Louisiana Brandon J. Fremin who serves as its Executive Director.
The NCDF serves as a centralized clearinghouse for disaster fraud complaints and provides a nationwide call center located on the campus of Louisiana State University in Baton Rouge, Louisiana. The NCDF takes calls from members of the public and encourages them to report all types of disaster fraud. The NCDF employs a team of law enforcement agents who review those reports and make referrals to the appropriate investigative agencies for further investigation and for potential referral for prosecution. The NCDF provides de-confliction and coordination in handling disaster fraud matters and is focused on protecting disaster victims and any funds dedicated to disaster victims.
“Committing fraud against natural disaster victims is an inexcusable crime,” said Deputy Attorney General Rod Rosenstein. “We are now in hurricane season, and it is important for people to be on the lookout for fraudsters who seek to profit from natural disasters through identity theft schemes and solicitations for fake charities. The Department of Justice is committed to detecting this type of fraud, and we will aggressively prosecute the offenders. Through our National Center for Disaster Fraud, and in conjunction with our law enforcement partners, we are working to keep Americans from becoming victims of these schemes.”
The recent Carr Fire in California, though largely contained, has caused severe damage; the Pacific Hurricane Season has already proven to be quite active, as demonstrated by Hurricane Lane’s destructive landfall in Hawaii; and we are already 90 days into the 2018 Atlantic Hurricane Season. Unfortunately, and inevitably, natural and man-made disasters will continue to occur across our great nation. These terrible and often tragic events leave many people without food, water, or shelter, and often cause devastating damage to life and property. Nevertheless, there are criminals ready to take advantage of victims before, during, and especially after a natural disaster. They are looking to strike those at their most vulnerable time.
In ongoing efforts to strengthen partnerships and better inform the American people of its mission, the NCDF has joined with Louisiana Attorney General Jeff Landry, who was recently installed as the President of the National Association of Attorneys General (NAAG), in an effort to spread the message of the NCDF to more of our partners nationwide. We at the NCDF are collaborating with Attorney General Landry and the NAAG to inform every state Attorney General of the mission and function of the NCDF as part of Attorney General Landry’s presidential initiative on disaster fraud.
“The NCDF has an excellent staff of investigators, analysts, call center operators, and managers who are well prepared to handle the anticipated volume of complaints during hurricane season and help ensure that each report of fraud reaches the appropriate investigative agency,” said Executive Director Fremin. “Our collaboration with the National Association of Attorneys General and Attorney General Landry is yet another example of our efforts to better serve the American people before, during and after a natural disaster. Raising public awareness by spreading the message of the NCDF through the state Attorneys General is a great way for the NCDF to reach thousands of people who may one day be subjected to fraudulent schemes.”
“As President of the National Association of Attorneys General, my goal is to use the next 18 months to gather as much intel as possible so we may better prepare state and federal leaders for future crises,” said Louisiana Attorney General Jeff Landry. “We are fortunate to have the NCDF right here in Louisiana and it has served as a great resource to our citizens through hurricanes, floods, and other natural disasters. I am proud to team up with U.S. Attorney Fremin and the great men and women at the NCDF as we continue to look for ways to move Louisiana and other states forward in terms of emergency preparedness and management.”
Members of the public are reminded to be extremely cautious before providing personal identifying or financial information to anyone, especially those who may contact you after a natural disaster. They are also reminded to report suspected waste, fraud, abuse, or allegations of criminal conduct. If members of the public believe they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, they are strongly encouraged to contact the National Center for Disaster Fraud Hotline toll free at (866) 720-5721.
The telephone line is staffed by live operators 24 hours a day, seven days a week. Information can also be faxed to the Center at (225) 334-4707, or sent by email. To learn more about the NCDF please visit the website at www.justice.gov/disaster-fraud and watch a public service announcement here.
Monroe County Man Pleads Guilty to Drug TraffickingRead the Press Release
WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Joseph Morales, age 27, of Tobyhanna, Pennsylvania, pleaded guilty on August 28, 2018, before U.S. District Court Senior Judge A. Richard Caputo to the charge of conspiracy to distribute heroin and crack cocaine.
According to United States Attorney David J. Freed, Morales admitted to participating in a conspiracy to distribute between 700 grams and one kilogram of heroin (which is equivalent to 28,000 to 40,000 individual doses of heroin), as well as between 840 grams and 2.8 kilograms of crack cocaine, in the Monroe County area between May and July 2015. Morales was one of eleven individuals indicted by a grand jury in July 2015 and charged with conspiring to distribute heroin, powder cocaine and crack cocaine in the Monroe County area.
Judge Caputo ordered a presentence report to be completed. Sentencing will be scheduled at a later date.
The investigation was conducted by the Drug Enforcement Administration (DEA) and the Pocono Mountain Regional Police Department. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
This case 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.
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.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The charge carries a mandatory minimum sentence of ten years in prison. The maximum penalty under federal law is up to life in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Miami Resident Indicted for Online Distribution of Information Pertaining to Explosives and Attempting to Provide Material Support to a Foreign Terrorist OrganizationRead the Press Release
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida and Robert F. Lasky, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announced today that that a Grand Jury sitting in Miami, Florida returned an indictment against Samuel Baptiste, 25, of Miami, Florida, charging him with four counts of distributing information pertaining to explosives, in violation of Title 18, United States Code, Section 842(p)(2)(A), one count of attempting to provide material support to a foreign terrorist organization, in violation of Title 18, United States Code, Section 2339B(a)(1), and one count of attempting to provide material support to terrorists, in violation of Title 18, United States Code, Section 2339A.
Baptiste, who is currently serving an 80 month prison sentence on federal firearms charges, had his initial appearance in front of U.S. Magistrate Judge Edwin G. Torres on August 27, 2018. A detention hearing is scheduled before a U.S. Magistrate Judge, in Miami, on August 30, 2018 at 10:00 a.m.
According to allegations contained within the indictment, on November 6, 2016, Baptiste posted and distributed online documents titled “Instructions: How to Make a Homemade Pipe Bomb,” “Pipe Bombs,” “Improvised Explosive Devices,” and “Improvised Munitions Black Book, Volume 1,” with the intent that the information be used for and in furtherance of an activity that constitutes a Federal crime of violence. Moreover, by posting these documents, Baptiste attempted to provide material support and resources to a foreign terrorist organization, specifically ISIS.
If convicted, Baptiste faces a maximum sentence of twenty years in prison as to each of count of distributing information and attempting to provide material support to a foreign terrorist organization and fifteen years in prison for attempting to provide material support to terrorists. In addition, Baptiste faces up to three years of supervised release and up to a $250,000 fine on each count of conviction.
The case was investigated by the FBI’s Miami Division and the South Florida Joint Terrorism Task Force (JTTF). The case is being prosecuted by Assistant U.S. Attorneys Marc S. Anton and Michael Thakur. Department of Justice Counterterrorism Attorney Joseph Attias provided assistance with this matter.
An indictment is merely an accusation. A defendant is presumed innocent until proven guilty in a court of law.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Mexican Man Pleads Guilty to Meth ConspiracyRead the Press Release
A Mexican man who was illegally in the United States pled guilty on August 28, 2018, in federal court in Sioux City.
Jesus Jonathan Vazquez-Espinoza, 33, a citizen of Mexico illegally present in the United States and who was residing in Spencer, Iowa, was convicted of conspiracy to distribute methamphetamine.
In a plea agreement, Vazquez-Espinoza admitted that he received approximately $10,000 worth of methamphetamine in March 2017, and continued to receive an average of 1 pound of methamphetamine every two weeks until his arrest in April 2018. Vazquez-Espinoza arranged for the methamphetamine to be delivered by mail to different residences in Iowa. At the time of Vazquez-Espinoza’s arrest, law enforcement seized over 2 pounds of methamphetamine and $8,712 in cash.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Vazquez-Espinoza remains in custody of the United States Marshal pending sentencing. Vazquez-Espinoza faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $5,000,000 fine, and 5 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Ajay J. Alexander and was investigated by the Iowa Division of Narcotics Enforcement with assistance from the Iowa Great Lakes Drug Task Force, which includes the Clay County Sheriff’s Office, the Dickinson County Sheriff’s Office, the O’Brien County Sheriff’s Office, the Iowa State Patrol, Spencer Police Department, the Okoboji Police Department, and the Iowa Division of Criminal Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-4032-LTS.
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Maryland Man Pleads Guilty to Health Care Fraud in Scheme Targeting D.C. Medicaid ProgramRead the Press Release
WASHINGTON – A Maryland man who was employed as a personal care aide pled guilty today to a federal charge of health care fraud stemming from a scheme in which he submitted more than $66,000 in false claims to the District of Columbia Medicaid program.
The announcement was made by U.S. Attorney Jessie K. Liu, Assistant Director in Charge Nancy McNamara of the FBI’s Washington Field Office, Special Agent in Charge Maureen Dixon of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Philadelphia Regional Office, and Inspector General Daniel W. Lucas of the District of Columbia.
Vincent Njong, 48, of Silver Spring, Md., pled guilty in the U.S. District Court for the District of Columbia. The Honorable Senior Judge Rosemary M. Collyer scheduled sentencing for Dec, 6, 2018. The charge carries a statutory maximum of 10 years in prison and potential financial penalties. Under federal sentencing guidelines, Njong faces a possible range of six to 12 months in prison and a fine of up to $20,000. The plea agreement requires him to pay $66,086 in restitution to the District of Columbia. He also is subject to a forfeiture money judgment in the amount of $43,209, representing his share of the proceeds from the scheme.
According to a statement of offense submitted at the plea hearing, Njong was a licensed personal care aide. Under the Medicaid program, personal care aides perform services intended to assist Medicaid beneficiaries in carrying out the activities of daily living. These can include helping beneficiaries get in and out of bed, bathe, dress, eat out, take medication, and engage in toileting. To receive personal care services under Medicaid, a beneficiary must obtain a prescription from a doctor.
Between September 2012 and April 2014, Njong caused false claims to be submitted by two home health care agencies to the District of Columbia’s Medicaid program for personal care services that he did not provide or that were tainted by the payment of kickbacks to the Medicaid beneficiary. During the time period, Njong was assigned to provide personal care services to two Medicaid beneficiaries. He submitted false timesheets for work that was not provided. Starting in August 2013, for example, he began working full-time as a teacher in Maryland. Notwithstanding his full-time employment, he continued to submit timesheets to the two home health care agencies claiming to be working full-time for them.
In addition, he paid one of the beneficiaries approximately $100 bi-weekly to sign blank or false statements; he also provided the beneficiary with food or other items of value in exchange for the beneficiary’s signature on false timesheets.
Because of Njong’s fraudulent conduct, D.C. Medicaid paid $66,086 to the two home health care agencies. Njong personally received $43,209 of the fraudulently obtained proceeds.
In announcing the plea, U.S. Attorney Liu, Assistant Director in Charge McNamara, Special Agent in Charge Dixon and Inspector General Lucas commended the work of those who investigated the case from the FBI’s Washington Field Office, the U.S. Department of Health and Human Services, Office of Inspector General, as well as a team from the Medicaid Fraud Control Unit of the District of Columbia’s Office of the Inspector General. They also expressed appreciation for the assistance of the District of Columbia’s Department of Health Care Finance.
They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Arvind K. Lal, Chief of the Asset Forfeiture and Money Laundering Section and Assistant U.S. Attorney Thomas Swanton, who assisted with forfeiture issues; Assistant U.S. Attorney Oliver McDaniel, and Paralegal Specialist Brittany Phillips. Finally, they commended the work of Assistant U.S. Attorney Denise A. Simmonds, who investigated and prosecuted the case.
Major Middle Georgia Methamphetamine Organization SentencedRead the Press Release
MACON: Charles E. Peeler, United States Attorney for the Middle District of Georgia, announces that eight defendants were sentenced for their roles in a methamphetamine and marijuana distribution conspiracy on August 28, 2018, before the Honorable Marc T. Treadwell in Macon. Each defendant had previously entered a guilty plea for his or her individual role in the conspiracy.
Around April 2016, law enforcement began investigating Walter Williams, a/k/a “Bubba,” for distribution of methamphetamine. During the course of the investigation, agents learned that Mr. Williams was distributing large quantities of methamphetamine from his residence in Lizella, Georgia. Agents conducted several controlled purchases totaling 553. 77 grams of methamphetamine from Williams at his residence and elsewhere within the Middle District of Georgia. Agents eventually obtained a court Order to intercept the wire and electronic messages taking place over Mr. Williams’ cellular phones. Agents intercepted these wire and electronic messages from September 23, 2016, through October 20, 2016. During this period, the messages and surveillance confirmed that Mr. Williams obtained large quantities of methamphetamine and marijuana from a source of supply in the Atlanta, Georgia area. Mr. Williams would send a courier to retrieve the methamphetamine and bring it back to his residence. Mr. Williams would then make contact with his customers who would later arrange to pick up various quantities of methamphetamine and/or marijuana for further distribution.
On October 20, 2016, intercepted communications revealed that Mr. Williams was sending a courier to pick up methamphetamine. Agents were able to conduct surveillance and observed Mr. Williams’ courier pick up the methamphetamine from a courier for his source of supply in Ellenwood, Georgia. Upon the courier’s return to Mr. Williams’ residence, agents executed a previously obtained search warrant and seized the methamphetamine that had just been picked up, which was later confirmed to be 2,969.2 grams of d-Methamphetamine Hydrochloride, more commonly referred to as “ice.” In total, over the course of the investigation, law enforcement seized over 4,685.67 grams of ice from the various defendants in this case.
The following defendants were sentenced on August 28, 2018:
Walter Williams a/k/a “Bubba,” age 40, of Lizella, Georgia
- Guilty plea entered: December 1, 2017
- Offense: Conspiracy to Possess with Intent to Distribute Methamphetamine
- Sentence: 16 years and 8 months imprisonment
Layla Keaney, age 38, of Gray, Georgia
- Guilty plea entered: December 14, 2017
- Offense: Conspiracy to Possess with Intent to Distribute Methamphetamine
- Sentence: 18 months imprisonment
Bobby Martinez, age 28, of East Point, Georgia
- Guilty plea entered: April 16, 2018
- Offense: Conspiracy to Possess with Intent to Distribute Methamphetamine
- Sentence: 5 years of probation
Antonio Mendez-Ramos, age 33, of Jonesboro, Georgia and Mexico
- Guilty plea entered: March 21, 2018
- Offense: Conspiracy to Possess with Intent to Distribute Methamphetamine
- Sentence: 17 years and 6 months imprisonment
Ruben Perez, age 32 of Covington, Georgia
- Guilty plea entered: February 27, 2018
- Offense: Conspiracy to Possess with Intent to Distribute Methamphetamine
- Sentence: 20 years imprisonment
Ashlee Shaw, age 29, of Lizella, Georgia
- Guilty plea entered: March 20, 2018
- Offense: Conspiracy to Possess with Intent to Distribute Methamphetamine
- Sentence: 10 years imprisonment
Danna Stokes, age 38, of Bonaire, Georgia
- Guilty plea entered: February 27, 2018
- Offense: Use of Communications Facility in Causing or Facilitating the Commission of Felonies Under the Controlled Substances Act
- Sentence: 1 year and 1 day imprisonment
Shana Walker, age 33, of Macon, Georgia
- Guilty plea entered: December 19, 2017
- Offense: Conspiracy to Possess with Intent to Distribute Methamphetamine
- Sentence: 8 years and 1 month imprisonment
The following defendants were previously sentenced:
Milton Dobbin Evans, age 66, of Macon, Georgia
- Guilty plea entered: February 27, 2018
- Offense: Use of Communications Facility in Causing or Facilitating the Commission of Felonies Under the Controlled Substances Act
- Sentence imposed on: May 31, 2018
- Sentence: 4 years imprisonment
James Howell, a/k/a “Flip,” age 28, of Macon, Georgia
- Guilty plea entered: November 20, 2017
- Offense: Distribution of methamphetamine
- Sentence imposed on: March 14, 2018
- Sentence: 12 years and 7 months imprisonment
Chadwick Nicholson, age 41, of Lizella, Georgia
- Guilty plea entered: December 21, 2017
- Offense: Possession with Intent to Distribute Marijuana
- Sentence imposed on: March 14, 2018
- Sentence: 5 years of probation
Another co-defendant, Russell Todd Mathis, was found guilty by a jury of Conspiracy to Possess with Intent to Distribute Methamphetamine and Possession with Intent to Distribute Methamphetamine on June 6, 2018. Sentencing for Mathis is currently scheduled for September 19, 2018.
“Methamphetamine continues to be one of the most destructive drugs in our district. It not only ruins the lives of those who choose to use it and choose to deal it, it also affects families, law enforcement, healthcare providers, governments, and citizens across our district,” said United States Attorney Charles E. Peeler. “This office, in conjunction with federal and local law enforcement, will not rest until we identify, arrest and prosecute those responsible for spreading this poison. I want to thank the DEA, GBI, Peach County Sheriff’s Office, Bibb County Sheriff’s Office and Houston County Sheriff’s Office for leading the charge in this matter.”
“Bubba has been a major supplier in the Middle Georgia area for some time. It’s good to see local, state and federal law enforcement working together to take someone like him off the streets,” said Peach County Sheriff Terry Deese. “This might not stop the flow of methamphetamine to this area but it will slow it down for some time. It will take a while for someone else to come in and set up a network such as the one we have just dismantled.”
“The cocktail of deadly chemicals used to manufacture methamphetamine is a recipe for disaster,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division. “These substances are not only volatile and toxic, but they also destroy families, communities and lives. Because of the collective effort between DEA, its local, state and federal law enforcement counterparts and the U.S. Attorney’s Office, these defendants were brought to justice and will no longer be able to distribute this insidious drug.”
“These convictions demonstrate the great work of law enforcement at all levels to investigate and prosecute the distribution of illegal drugs affecting Georgia and our surrounding states. The GBI remains committed to working with our local and federal partners in drug enforcement to address these types of crimes,” stated GBI Director Vernon Keenan.
This case was investigated by the Peach County Sheriff’s Office, Drug Enforcement Administration, and Georgia Bureau of Investigation, with the assistance of the Bibb County Sheriff’s Office and Houston County Sheriff’s Office. Assistant U.S. Attorney Elizabeth S. Howard handled the prosecution of the defendants who have been sentenced. Assistant U.S. Attorney Jim Crane is handling the prosecution of Mr. Mathis.
Questions concerning this release should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or [email protected]
Lawrence Pharmacy Resolves Allegations That It Failed to Keep Proper Records and Maintain Proper ControlsRead the Press Release
BOSTON – The U.S. Attorney’s Office announced today that Perrotta Pharmacy Inc., DBA Perrotta’s Super Drug, in Lawrence has agreed to pay $30,000 and enter into a Corrective Action Plan with the government to resolve allegations that Perrotta’s Super Drug failed to keep proper records of controlled substances and maintain effective controls against drug diversion.
According to the settlement, pharmacists and staff at Perrotta’s Super Drug on multiple occasions failed to comply with recordkeeping requirements of the Controlled Substances Act. The violations included failure to maintain complete and accurate inventories of controlled substances, including medications such as oxycodone; failure to record all of the required information pertaining to listed chemical retail sales; and failure to maintain records documenting the training of sales personnel of listed chemical products.
Perrotta’s Super Drug, an independently owned pharmacy, cooperated with the federal investigation and has agreed to implement a corrective action plan to come into compliance with the recordkeeping requirements of the Controlled Substance Act. Perrotta’s Super Drug also agreed to permit federal law enforcement to perform inspections of the pharmacy during the next three years without a warrant.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division, made the announcement today. The case was handled by Assistant U.S. Attorney Jessica Weber of Lelling’s Civil Division.
Lamont Coleman Drug Trafficking Organization ChargedRead the Press Release
HAMMOND – Lamont Coleman, 36 years old, and Katrina Owens, 24 years old, both of Gary, Indiana were charged via criminal complaint on August 28, 2018 with conspiracy to distribute heroin. Also charged, in an Indictment returned on August 16, 2018, were Leroy Coleman, 55 years old, Tony Petty, 52 years old, and Augustine Pike, 45 years old, all of Gary, Indiana. The Indictment contains charges of distribution of heroin.
U.S. Attorney Kirsch said, “Cooperative partnerships between local, state and federal agencies are essential to reducing the availability of controlled substances in the Northern District of Indiana. My Office, with our partners, will continue to aggressively investigate and prosecute these cases.”
“Drug traffickers feed on the addiction of Hoosiers who struggle with drug abuse and contribute to the violence in our communities,” said DEA Assistant Special Agent in Charge Greg Westfall. “Those who continue to bring this poison into our neighborhoods should know, the DEA is watching and will bring the full force of federal law enforcement to bear.”
Porter County Chief Deputy Jeffery Biggs said, “This operation was in response to the ongoing investigations of the Heroin Overdose Response Project. The Porter County Multi-Enforcement Group will continue to target the drug dealers responsible for overdoses in northwest Indiana.”
According to documents in the case, Lamont Coleman and Katrina Owens led a heroin distribution operation out of various properties owned by Lamont Coleman in Gary, Indiana. Lamont Coleman and Owens provided heroin to various individuals, including Leroy Coleman, Tony Petty, and Augustine Pike, and dispatched them to deliver the heroin to customers. Law enforcement executed search warrants at various properties owned by Lamont Coleman in Gary and recovered various narcotics and three firearms.
The United States Attorney's Office emphasized that charging documents, such as an indictment or a complaint, are merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case was investigated by the DEA and the Porter County Multi-Enforcement Group and is being prosecuted by Assistant United States Attorney Jennifer Chang.
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Justice Department Settles Immigration-Related Discrimination Claim Against International Law FirmRead the Press Release
The Justice Department today announced that it reached a settlement agreement with Clifford Chance US LLP, a large, international law firm with its U.S. headquarters located in New York. This agreement resolves the Department’s investigation into whether the law firm engaged in hiring discrimination by refusing to consider work-authorized non-U.S. citizens and dual citizens to staff a client project, in violation of the Immigration and Nationality Act (INA).
The Department determined that there was reasonable cause to believe that from March 30, 2017, until at least July 7, 2017, Clifford Chance unlawfully restricted its staffing for 36 positions on a document review project based on citizenship status. The Department’s investigation determined that Clifford Chance’s unlawful practice of excluding otherwise qualified non-U.S. citizens and dual U.S. citizens from the document reviewer positions was based on the law firm’s misunderstanding of the requirements of the International Traffic in Arms Regulations (ITAR). The Department found that the law firm improperly terminated or removed three individuals from their positions based on their citizenship status.
The ITAR regulates specific exports of defense articles and services, and – absent State Department authorization – limits access to certain sensitive information to U.S. citizens, U.S. nationals, lawful permanent residents, asylees, and refugees. The ITAR thus does not authorize or require employers to hire only U.S. citizens. Employers that limit their hiring to U.S. citizens without a proper legal basis may violate the INA’s anti-discrimination provision, which prohibits hiring discrimination based on citizenship and national origin.
“Employers subject to the ITAR must be careful not to engage in unlawful discrimination against U.S. workers,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The Department of Justice is committed to ensuring that employers do not unlawfully exclude U.S. citizens and work authorized non-U.S. citizens from employment opportunities.”
Under the settlement, Clifford Chance will offer to pay lost wages to three individuals who were removed from the project, pay a $132,000 civil penalty to the United States, train relevant employees about the requirements of the INA’s discrimination provision, inform clients who request citizenship status restrictions for staff of the INA’s requirements, and be subject to departmental monitoring and reporting requirements for two years.
The Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits, among other things, citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation.
More information on how employers can avoid unlawful citizenship status discrimination is available here. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites. More information on the ITAR is available here.
Applicants or employees who believe they were subjected to: different documentary requirements based on their citizenship, immigration status, or national origin; or discrimination based on their citizenship, immigration status or national origin in hiring, firing, or recruitment or referral, can file a charge or contact IER’s worker hotline for assistance.
Justice Department Awards $32 Million Through the Improving the Criminal Justice Response ProgramRead the Press Release
The Justice Department’s Office on Violence Against Women (OVW) today announced 54 grants totaling $32 million through its Improving the Criminal Justice Response to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program.
These grants will help fund state, local, and tribal governments and courts’ efforts to ensure that the crimes of sexual assault, domestic violence, dating violence and stalking are treated as serious violations of criminal law through the coordinated involvement of the entire criminal justice system and community-based victim service providers. The recipients of these grants will work collaboratively with justice system and victim service provider partners to identify problems and share ideas that will result in enhanced responses that support victim safety and offender accountability.
Recipients of awards under OVW’s Improving the Criminal Justice Response to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program are:
- One Place Metro Alabama Family Justice Center (Alabama);
- Alaska Network on Domestic Violence and Sexual Assault (Alaska);
- City of Tucson (Arizona);
- City and County of San Francisco (California);
- City of San Jose (California);
- County of Contra Costa (California);
- County of Riverside (California);
- WEAVE Incorporated (California);
- Young Women’s Christian Association of Silicon Valley (California);
- Rose Andom Center (Colorado);
- City of Gainesville (Florida);
- City of Homestead (Florida);
- Hillsborough County Board of County Commissioners (Florida);
- Pinellas County Board of County Commissioners (Florida);
- City of Rockford (Illinois);
- Freedom House (Illinois);
- Iowa State Judicial Branch (Iowa);
- City of Richmond (Kentucky);
- Mountain Comprehensive Care Center (Kentucky);
- New Orleans Family Justice Center (Louisiana);
- Wellspring Alliance for Families, Incorporated (Louisiana);
- Cumberland County (Maine);
- Maine Coalition to End Domestic Violence (Maine);
- City of Lowell (Massachusetts);
- Council on Domestic Violence and Sexual Assault (Michigan);
- Judiciary Courts of the State of Minnesota (Minnesota);
- City of Lee’s Summit (Missouri);
- Lake County (Montana);
- Montana Department of Justice (Montana);
- Nevada Office of the Attorney General (Nevada);
- Strafford County (New Hampshire);
- Jersey Battered Women’s Service, Incorporated (New Jersey);
- YWCA of Eastern Union County (New Jersey);
- Bronx County Borough President (New York);
- City of Auburn (New York);
- Erie County (New York);
- Opportunities for Otsego, Incorporated (New York);
- Queens County Office of the Borough President (New York);
- Suffolk County (New York);
- Town of Pound Ridge (New York);
- Buncombe County (North Carolina);
- Family Violence Prevention Center, Incorporated (North Carolina);
- Oklahoma District Attorneys Council (Oklahoma);
- Deschutes County (Oregon);
- County of Schuylkill (Pennsylvania);
- Metropolitan Government of Nashville-Davidson County (Tennessee);
- Citizens Against Physical and Sexual Abuse, Incorporated (Utah);
- Circle, Incorporated (Vermont);
- HOPE Works, Incorporated (Vermont);
- Empowerhouse (Virginia);
- James City County (Virginia);
- Family Support Center of South Sound (Washington);
- Washington State Department of Commerce (Washington); and
- West Virginia Foundation for Rape Information and Services (West Virginia).
“Improving criminal justice response to domestic violence, sexual assault, dating violence and stalking is the backbone of VAWA and our OVW programs,” said OVW Acting Director Katharine Sullivan. “Funding programs that utilize a coordinated community response to providing victim services and holding offenders accountable is effective in combatting the VAWA four crimes. We are pleased to announce our 2018 awards today and look forward to working with law enforcement, prosecutors, the judiciary, treatment providers and advocates around this country in their quest to bettering their communities.”
Justice Department Awards $18 Million to Address Sexual Violence on CampusesRead the Press Release
The Justice Department’s Office on Violence Against Women (OVW) today announced 57 grants totaling over $18 million to help campuses respond to the crimes of sexual assault, domestic violence, dating violence and stalking.
OVW’s Grants to Reduce Sexual Assault, Domestic Violence, Dating Violence, and Stalking on Campus Program support institutions of higher education in implementing comprehensive, coordinated responses to violent crimes on campus through partnerships with victim services providers and justice agencies. The recipients of these grants will work collaboratively with local law enforcement and prosecutors, campus athletic programs, Greek life organizations, and off-campus victim services, as each plays a critical role in making campuses safer and more just. The awards will make possible a range of services, including specialized training for campus law enforcement, healthcare providers, university personnel and others who are often first responders.
Recipients of awards under OVW’s Campus Grant Program are:
- South Arkansas Community College (Arkansas);
- California State University Bakersfield (California);
- Humboldt State University Sponsored Programs Foundation (California);
- Regents of the University of California, Santa Barbara (California);
- Shasta-Tehama-Trinity Joint Community College District (California);
- Southwestern Community College District (California);
- Albertus Magnus College (Connecticut);
- Asnuntuck Community College (Connecticut);
- Fairfield University (Connecticut);
- District Board of Trustees of Pensacola State College (Florida);
- Florida State University (Florida);
- Miami Dade College (Florida);
- Spelman College (Georgia);
- Dominican University (Illinois);
- Northeastern Illinois University (Illinois);
- Northern Illinois University (Illinois);
- Trustees of Indiana University (Indiana);
- Indian Hills Community College (Iowa);
- Northern Kentucky University (Kentucky);
- St. Joseph’s College (Maine);
- University of Maine at Augusta (Maine);
- Anne Arundel Community College (Maryland);
- Harford Community College (Maryland);
- University of Maryland Eastern Shore (Maryland);
- Bentley University (Massachusetts);
- Kalamazoo College (Michigan);
- Mississippi Valley State University (Mississippi);
- Avila University (Missouri);
- Community College District of Jefferson County (Missouri);
- Salish Kootenai College (Montana);
- College of Saint Mary (Nebraska);
- Board of Regents, University of Nevada, Reno (Nevada);
- Caldwell University, Incorporated (New Jersey);
- Centenary University (New Jersey);
- Passaic County Community College (New Jersey);
- William Paterson University (New Jersey);
- University of New Mexico (New Mexico);
- Medaille College (New York);
- Molloy College (New York);
- Paul Smith’s College of Arts & Sciences (New York);
- St. Bonaventure University (New York);
- St. John’s University, New York (New York);
- Trocaire College (New York);
- Lourdes University (Ohio);
- Miami University (Ohio);
- Tiffin University (Ohio);
- University of Akron (Ohio);
- Lewis & Clark College (Oregon);
- Arcadia University (Pennsylvania);
- Juniata College (Pennsylvania);
- Wilson College (Pennsylvania);
- Augustana College (South Dakota);
- Dakota Wesleyan University (South Dakota);
- University of Texas at El Paso (Texas);
- University of Lynchburg (Virginia);
- Bellevue College (Washington); and
- Edmonds Community College (Washington).
“It is vital to keep our students safe on campuses by supporting programs that take a coordinated community approach to education and prevention of sexual assault on our college and university campuses,” said OVW Acting Director Katharine Sullivan. “OVW is proud of our innovative approach to the development of the campus grant programs. We welcome our new grantees and congratulations to our continuing grantees.”
Jamestown Man Arrested, Charged with Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Matthew Bailer, 33, of Jamestown, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that according to the complaint, on July 11, 2018, the Jamestown Police Department received a complaint from a parent that her minor children, Victim 1 and Victim 2, may have been sexually abused by the defendant. The parent stated that she was told by the defendant’s sister that she found a series of concerning pictures, sexual in nature, on a Nokia cellular telephone that was used by the defendant.
Bailer was subsequently arrested on a warrant out of Missouri related to a burglary case. During a search of the Nokia cellular telephone, investigators recovered several hundred images of images of child pornography involving sexually explicit conduct by prepubescent and pubescent children, both male and female.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Jamestown Police Department, under the direction of Chief Harry Snellings.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Jackson Man Pleads Guilty under Project EJECT to Illegally Possessing a GunRead the Press Release
Jackson, Miss. – Loucious Collins, 37, of Jackson, pled guilty yesterday before United States District Judge David Bramlette III to being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Christopher Freeze of the Federal Bureau of Investigation (FBI).
On June 8, 2017, the FBI and the Mississippi Gaming Commission assisted Mississippi Alcoholic Beverage Control with executing a search warrant at V Live Club in Jackson. While inside the club, law enforcement discovered that Loucious Collins, a convicted felon, possessed a gun inside his pants pocket. Collins has several previous felony convictions, including multiple convictions for house and business burglary.
Collins will be sentenced in Jackson by Judge Bramlette on November 27, 2018, and faces a maximum penalty of life in prison and a $250,000 fine.
This case was investigated by the Federal Bureau of Investigation, the Mississippi Gaming Commission, and the Mississippi Alcoholic Beverage Control. It is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime in Jackson through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Jackson Expel Crime Together." PSN is a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
U.S. Attorney Hurst commended the work of the local law enforcement and their cooperation with FBI agents and Project EJECT task force members in the investigation of this case.
Investment Adviser Admits Stealing Millions of Dollars from ClientsRead the Press Release
NEWARK, N.J. – A former broker and investment adviser today admitted stealing millions of dollars from his clients in order to pay for personal expenses, U.S. Attorney Craig Carpenito announced.
Gary Basralian, 70, of Springfield, New Jersey, pleaded guilty before U.S. District Judge Madeline Cox Arleo in Newark federal court to an information charging him with one count of wire fraud and one count of investment adviser fraud.According to documents filed in the case and statements made in court:
Basralian was a registered broker who provided investment adviser services to clients and received compensation for advising them about investing in, purchasing, or selling securities. From 1989 until December 2017, he was registered with the Financial Industry Regulatory Authority (FINRA), or its predecessors, as working at “Securities Firm A,” a registered investment adviser and broker-dealer with its principal place of business in Jersey City, New Jersey. Securities Firm A provided a broker-dealer platform for more than 2,000 independent financial advisers across the United States.
From July 2007 through November 2017, Basralian defrauded his clients by falsely telling them that he would invest their money in securities and other investments when, in fact, he misappropriated those funds and used them for his own personal expenditures – including payments on a BMW automobile and tens of thousands of dollars in credit card bills.
In one instance Basralian wired money from at least one victim client’s investment account at Securities Firm A to various accounts that he controlled and used the proceeds for his own benefit. When the victim asked why the account had diminished in value, Basralian sent the victim a phony spreadsheet showing that the money was being invested as loans to various companies and would be paid back with interest.
Basralian admitted stealing at least $2 million.
The wire fraud count carries a maximum potential penalty of 20 years in prison and $250,000 fine, or twice the gross gain or loss from the offense. The investment adviser fraud count carries a maximum potential penalty of five years in prison and a $10,000 fine, or twice the gross gain or loss from the offense. Sentencing is scheduled for Dec. 3, 2018.
On May 22, 2018, the N.J. Bureau of Securities in the Office of the N.J. Attorney General issued a summary revocation order against Basralian that revoked his agent and investment adviser representative registrations.
U.S. Attorney Carpenito credited postal inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Judy Ramos, and special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie, with the investigation leading to today’s guilty plea. He also thanked the N.J. Bureau of Securities, under the direction of Bureau Chief Christopher Gerold, for its assistance.
The government is represented by Assistant U.S. Attorney Courtney A. Howard of the U.S. Attorney’s Office Economic Crimes Unit.
Defense counsel: Samuel Braverman Esq., New York
International Drug Trafficker Sentenced to 14 Years in Prison for Importing Cocaine into the United StatesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that JOEL BRANFORD, a/k/a “Joel Bransord,” a/k/a “Jose Cabeza,” was sentenced on August 27, 2018, by U.S. District Judge Gregory H. Woods to 168 months in prison for conspiring to import cocaine into the United States. BRANFORD pled guilty before Judge Woods on June 22, 2017.
According to the Indictment filed in Manhattan federal court, previous court filings, and statements made at public court proceedings:
In January 2010, BRANFORD, who had previously fled the United States to Panama, conspired to import more than 100 kilograms of cocaine via a container ship to be sent to the Port of New York-New Jersey. In January 2010, law enforcement officers intercepted the container and found inside more than approximately 100 kilograms of cocaine. On January 29, 2010, law enforcement authorities intercepted, pursuant to a Court-authorized wiretap, a telephone conversation during which BRANFORD threatened a co-conspirator, whom BRANFORD believed had stolen the shipment that was seized by law enforcement. Throughout 2010, Panamanian law enforcement intercepted calls by BRANFORD, during which BRANFORD regularly discussed making large shipments of narcotics in containers.
BRANFORD also used weapons in the course of his narcotics trafficking business. In July 2010, Panamanian law enforcement searched BRANFORD’s residence and vehicle and found two firearms, four magazines, and 223 bullets, along with 21 cellphones. Previously, in 2003, law enforcement officers searched BRANFORD’s home in Virginia, where he lived at the time, and recovered two firearms, including a semi-automatic submachine gun, and two bullet-proof vests, as well as cocaine.
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In addition to his prison sentence, BRANFORD, 46, was sentenced to five years of supervised release.
Mr. Berman praised the investigative work of the Drug Enforcement Administration, including the High Intensity Drug Trafficking Areas Program and the Special Operations Division, as well as the Department of Homeland Security – Homeland Security Investigations, and thanked the Customs and Border Protection, the Port Authority of New York/New Jersey, and the Waterfront Commission of New York/New Jersey for their assistance in this investigation. Mr. Berman also thanked DEA’s Panama City, San Jose (Costa Rica), and Belgium Country Offices, the Department of Justice’s Office of International Affairs, and the Panamanian National Police for their cooperation and assistance.
This matter is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys David Abramowicz, Amanda Houle, and Matthew Podolsky are in charge of the prosecution.
Indictment: Homeless Man Robbed Credit Union in TopekaRead the Press Release
TOPEKA, KAN. – A homeless man was indicted today on a federal charge of robbing a credit union in Topeka, U.S. Attorney Stephen McAllister said.
Robert Charles Frazier, 63, is charged with one count of robbery. The indictment alleges that on Aug. 20, 2018, he robbed the Azura Credit Union at 1129 South Kansas Ave. An off-duty Topeka police officer working security at the credit union arrested Frazier.
If convicted, he faces up to 20 years in federal prison and a fine up to $250,000. The Topeka Police Department and the FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
OTHER INDICTMENTS
Ruth M. Eidson, formerly known as Ruth M. Moler-Dotter, 27, White City, Kan., is charged in a superseding indictment with three counts of theft by a postal employee. The indictment alleges she stole DVDs from the mail on Feb. 3, March 3 and March 25, 2016. The crime is alleged to have occurred in Wabaunsee County, Kan.
If convicted, she faces up to five years in federal prison and a fine up to $250,000 on each count. The U.S. Postal Service – Office of Inspector General investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.
Kyle L. Eidson, 32, White City, Kan., is charged in a superseding indictment with one count of theft by a postal employee. The indictment alleges Eidson took gift cards and Netflix DVDs from the mail. The crime is alleged to have occurred Feb. 11, 2016, in Wabaunsee County, Kan.
If convicted, he faces up to five years in federal prison and a fine up to $250,000. The U.S. Postal Service – Office of Inspector General investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.
Travis Eugene Sims, 28, Topeka, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Jan. 14, 2018, in Shawnee County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Greg Hough is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Independence Business Owner Charged with Arson of Rival Business, ResidenceRead the Press Release
KANSAS CITY, Mo. – An Independence, Mo., business owner was charged in federal court today with participating in a conspiracy to commit arson against a rival business as well as a residence.
William “Bill” Joseph Reneau, 41, of Overland Park, Kansas, was charged in a criminal complaint filed in the U.S. District Court in Kansas City, Mo. Reneau is the owner of Gold Rush Exchange, which has locations on 40 Highway and 24 Highway in Independence.
Today’s federal criminal complaint charges Reneau with one count of conspiracy to commit arson. The complaint alleges that Reneau participated in a conspiracy to destroy an Independence residence and a business, Bobby Jackson’s Trading, a gold-buying business operated by a former employee of Reneau’s at 302 E. 23rd Street in Independence.
According to an affidavit filed in support of today’s federal criminal complaint, Reneau hired others to damage Bobby Jackson’s Trading in July and August of 2017, then to burn the business as well as a residence owned by his wife’s ex-husband in August 2018.
Reneau allegedly paid R.Y. $800 to damage the Bobby Jackson’s Trading building, the affidavit says. On July 17, 2017, the affidavit says, R.Y. drove a stolen Jeep Grand Cherokee into the front of the business, backing into the building and colliding with the front door and the front business windows. The stolen Jeep Grand Cherokee was located later by the Independence Police Department, unoccupied and still running with evidence from the damaged building still attached to the vehicle. The damage was approximately $10,000.
On Aug. 4, 2017, the affidavit says, R.Y. set fire to Bobby Jackson’s Trading. During the investigation, investigators located what appeared to be containers that were used to bring gasoline to the business and set the fire near the front doors and windows. The fire caused approximately $5,000 dollars in damage to the exterior and interior of the business. Reneau allegedly paid R.Y. $800 for setting the fire.
Reneau allegedly also paid $500 to another person, T.T., to have the Independence residence, which was unoccupied, burned down. He obtained details of the residence online and provided that information for the person doing the arson.
On Aug. 13, 2018, police officers responded to the house fire. Investigators determined the fire originated on the exterior of the home on the back deck. An outdoor rug was located within the area of origin that was partially burned and had an odor consistent with that of gasoline. A melted red plastic gasoline container was also observed next to the rug.
A set of keys and a key fob for a Pontiac G6 were located on the ground at the foot of the steps leading up to the rear deck. During the fire scene investigation, a neighbor contacted investigators and advised them that a suspicious vehicle (Pontiac G6) had been left at the intersection of Truman and Ranson Street. The reporting neighbor had observed an unknown male rummaging through the Pontiac G6, immediately after the fire was observed at the residence behind the reporting neighbor. When the unknown male heard the sirens from emergency vehicles, he walked away from the vehicle. The key recovered from the fire scene was able to unlock the abandoned vehicle.
Inside the vehicle, officers found a Missouri temporary driver’s license for T.T., who later told investigators that he intentionally set the fire at the residence. T.T. admitted to burning his legs and sections of his arm in the process of setting the fire and to losing his keys to his vehicle, which he identified as a Pontiac G6 that he had parked a street over from the target residence.
T.T. told investigators that B.E., the store manager at Gold Rush Exchange, to whom he sold stolen gold jewelry, had hired him to commit the residential arson. T.T. indicated he only agreed to set the fire because B.E. threatened to turn him into the police since he held onto all of the stolen gold T.T. had previously sold to him. T.T. told investigators that he began recording his conversations with B.E. using a digital recorder.
T.T. told investigators that B.E. also hired him to torch Bobby Jackson’s Trading Company. T.T. said he poured one jug of gasoline on the ground outside of the business and he threw another jug of gasoline onto the roof. T.T. told investigators that he got spooked and decided not to light the fire.
Independence detectives conducted a controlled sale of purportedly stolen jewelry between T.T. and B.E. on Aug. 24, 2018, in the parking lot of Gold Rush Exchange. B.E. was arrested when he left the business.
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 Bruce Rhoades. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Independence, Mo., Police Department.
Illegal alien from Mexico arrested in Calcasieu Parish pleads guilty to illegally re-entering U.S.Read the Press Release
LAKE CHARLES, La. – United States Attorney David C. Joseph announced that an illegal alien from Mexico pleaded guilty Tuesday to re-entering the United States after being deported for the fifth time.
Alfredo Sanchez-Hernandez, 39, of Mexico, pleaded guilty before U.S. Magistrate Judge Kathleen Kay on one count of illegal re-entry of a previously deported alien. According to the guilty plea, Sanchez-Hernandez was found in Calcasieu Parish on March 5, 2018 to be illegally in the United States. After further investigation, law enforcement agents discovered that Sanchez-Hernandez had been previously removed from the United States on four occasions with the most recent being on February 15, 2010 near San Ysidro, California. The defendant was convicted in California in May of 2000 for possession of heroin and was not allowed to re-enter the United States.
Sanchez-Hernandez faces up to 10 years in prison, three years of supervised release and a $250,000 fine.
Homeland Security Investigations and the Calcasieu Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney T. Forrest Phillips is prosecuting the case.
Illegal Alien Admits to Human SmugglingRead the Press Release
CORPUS CHRISTI, Texas – A Mexican National illegally in the United States has entered a guilty plea to attempting to smuggle four illegal aliens through the brush which resulted in death, announced U.S. Attorney Ryan K. Patrick.
Sergio Daniel Barba-Rayo, 27, pleaded guilty to conspiring to move an alien illegally in the United States.
Barba-Rayo was guiding a group of illegal aliens around the U.S. Border Patrol (BP) Checkpoint near Falfurrias when law enforcement agents discovered them. Some of the illegal aliens claimed Barba-Rayo was the guide and that a fifth illegal alien was left in the brush after not being able to keep up with the group. Authorities ultimately found the victim whom was already deceased.
Barba-Rayo was arrested at that time. He has been and will remain in custody pending his sentencing, set for Dec. 4, 2018, before U.S. District Judge Nelva Gonzales Ramos. At that time, he faces up to 10 years in prison and a possible $250,000 maximum fine.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of the Border Patrol. Assistant U.S. Attorney David Paxton is prosecuting the case.
Henderson Man Sentenced to 12 Years in Prison for Distributing Fentanyl That Resulted in DeathRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that yesterday in federal court, Senior United States District Judge W. Earl Britt sentenced QYDARIUS J. SMALL, a/k/a “Q” and “Peanut,” 20, from Henderson, North Carolina, to 144 months imprisonment, followed by 3 years of supervised release.
On January 10, 2018, SMALL, was named in a three-count Superseding Indictment returned by a grand jury sitting in the Eastern District of North Carolina. The indictment charged Small with Distribution and Possession With Intent to Distribute a Quantity of a Mixture and Substance Containing Fentanyl, Causing Serious Bodily Injury or Death on August 28 and 29, 2017. On March 23, 2018, pursuant to a written plea agreement, SMALL pled guilty to distributing and possessing with intent to distribute a quantity of a mixture and substance containing Fentanyl, a Schedule II controlled substance, which resulted in the death of an individual.
On August 30, 2017, officers of the Henderson (North Carolina) Police Department responded to a report of a drug overdose at a residence. Upon arriving at the scene, officers found a deceased individual along with a hypodermic needle, multiple bindles of heroin, and a bindle of heroin uniquely labeled with a green stamp of the word “Thor.” The investigation revealed that the deceased was the victim of an overdose of heroin containing Fentanyl, and the drugs had been purchased from SMALL. A search of the victim’s cell phone revealed multiple text messages between the victim and SMALL discussing drug transactions and specifically a drugs with a “Thor[e] green stamp.”
Later that same day, officers of the Henderson Police Department used the victim’s cell phone to arrange for a controlled purchase of heroin from SMALL. As SMALL drove to the prearranged sale location with the intent to sell heroin to the deceased victim, law enforcement conducted a traffic stop. During a search of the vehicle, law enforcement found heroin stamped in green with the word “Thor” and a loaded handgun. SMALL was placed under arrest and taken to the Henderson Police Department.
United States Attorney Higdon commented, “Qydarius J. Small has been an active part in the opioid crisis and deaths that is tearing apart our country and destroying good communities like Henderson and Vance County, North Carolina. But now, with the imposition of a 144 month sentence, the people of Henderson can begin to recover from the horrible effects of Small’s actions. The Court’s sentence gives these communities that opportunity and we are very pleased that the United States Justice Department could play a role in achieving that result. I commend the Henderson Police Department for their excellent work in this case and bringing this man to justice.”
The case is a federal Organized Crime Drug Enforcement Task Force (OCDETF) criminal matter and was investigated by the Henderson Police Department. Assistant United States Attorney Edward Gray prosecuted the case on behalf of the United States.
This case was prosecuted federally as part of the United States Department of Justice’s Opioid Initiative and the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina.
Implemented in March 2018, the Take Back North Carolina Initiative emphasizes the regional assignment of federal prosecutors to work with local, state and federal 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 initiative targets those organizations and individuals who are responsible for increasing violent crime rates and drug trafficking – quickly routing the cases to federal court when prosecution in that venue would deliver the most significant impact.
Fort Wayne Man Sentenced to 60 Months in PrisonRead the Press Release
FORT WAYNE – Timothy Boerger, 48 years old, of Fort Wayne, Indiana, was sentenced by U.S. District Court Chief Judge Theresa L. Springmann after pleading guilty to the receipt of material involving the sexual exploitation of minors, announced U.S. Attorney Kirsch.
Boerger was sentenced to 60 months imprisonment followed by 5 years of supervised release and ordered to pay restitution in the amount of $3,000.00 to the victims of the offense.
According to documents in the case, between September, 2016 and January, 2017, Timothy Boerger received images of minors engaging in sexually explicit conduct. An FBI Task Force Officer conducting an online investigation of the BitTorrent network for offenders sharing child pornography identified a computer having an internet protocol address later determined to be associated with Boerger’s residence. The task force officer connected to that specific internet protocol address and was able to download and review a portion of the files Boerger had made available for sharing. The files identified contained images of children under the age of 18 in sexually suggestive poses and/or engaged in sexually explicit conduct. Many of these images and/or videos depicted minor girls nude and/or partially nude.
This case was investigated by the FBI with the assistance of the Fort Wayne Police Department and the Allen County Sheriff’s Department. This case was prosecuted by Assistant United States Attorney Lesley J. Miller Lowery.
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Former postal employee arrested for burglarizing post officeRead the Press Release
ATLANTA - Zachary Adam Johnson, a former postal employee, has been arraigned on federal charges for allegedly burglarizing a post office, stealing mail, and negotiating forged checks. Johnson was indicted by a federal grand jury on August 16, 2018.
“Johnson allegedly abused his position as a former postal employee to exploit the U.S. mail system in order to steal identities and commit bank fraud, said U.S. Attorney Byung J. “BJay” Pak. “We are determined to safeguard our citizens from identify theft, as well as protecting the integrity of the postal and banking systems from these types of schemes.”
“The U.S. Postal Inspection Service remains dedicated to the mission of protecting the nation’s mail system from criminal misuse,” said David M. McGinnis, Inspector in Charge of the Charlotte Division. “By working together with the Snellville Police Department, we were able to apprehend a subject that stole for his personal financial gain. The public can rest assured that Postal Inspectors will continue to maintain America’s confidence in the integrity of the U.S. Postal Service.”
According to U.S. Attorney Pak, the charges, and other information presented in court: On June 26, 2018, Johnson was captured on a surveillance camera allegedly cashing a forged check at a SunTrust bank in Loganville, Georgia. On June 28, 2018, Johnson attempted to cash another forged check at a Regions Bank in Snellville, Georgia. Alert bank employees at Regions Bank recognized that the account holder’s signature looked suspicious, and called their customer to confirm whether he had written the check. After learning that the check was forged, the bank employees called the local police. Johnson was arrested by the Snellville Police Department and later released on bond.
While on bond, Johnson was captured twice on a surveillance camera, allegedly stealing letters and parcels from a U.S. Post Office on Oak Road in Snellville. A search of Johnson’s car revealed a large quantity of stolen mail.
Zachary Adam Johnson, 41, of Snellville, Georgia was arraigned before U.S. Magistrate Judge John K. Larkins, III on federal charges of bank fraud, aggravated identity theft, possession of stolen mail, postal burglary, and mail theft on August 28, 2018. Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the U.S. Postal Inspection Service.
Assistant U.S. Attorney Alana R. Black is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Former Pasco County Schools Transportation Manager Pleads Guilty to Child Enticement and Child Pornography ChargesRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that William Matthew Napolitano (35, New Port Richey) today pleaded guilty to enticing and coercing a minor to engage in sexual activity and to possessing child pornography. Napolitano faces a maximum penalty of life in federal prison. A sentencing date has not yet been set.
According to the
plea agreement , beginning in 2014, Napolitano, while employed by Pasco County Schools as a Transportation Manager, knowingly enticed a 15-year-old student from a local school to engage in sex acts. Napolitano had met the teen on the mobile application “Grindr.” Napolitano then engaged the student in an ongoing sexual relationship for several years. During that time, Napolitano invited the student to view his collection of child pornography, invited him to watch live productions of child pornography on the internet, and invited him to engage in group sex with other adults and minors. Napolitano also produced and distributed child pornography of the student.Napolitano’s electronic devices contained conversations that addressed Napolitano’s interest in enticing and having sex with minors and detailed his pattern of targeting and achieving those sexual encounters. Napolitano also had amassed a large collection of child pornography and sexually explicit material, which included young children and sadistic and masochistic conduct.
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Frank Murray.
Former Maui Police Department Officer Sentenced for Unlawfully Seizing Money and Conspiring to Obstruct JusticeRead the Press Release
The Justice Department and the U.S. Attorney’s Office for the District of Hawaii announced today that former Maui Police Department (MPD) Officer Anthony Maldonado, 29, of Kahului, Hawaii, was sentenced yesterday by Senior United States District Judge Helen Gillmor of the District of Hawaii to 24 months in prison, three years of supervised release, and required to pay $1,917.70 in restitution.
On April 19, Maldonado pleaded guilty to one count of violating the civil rights of a civilian by stealing money from him, and one count of conspiring to obstruct the federal investigation of that theft. According to court documents, on Sept. 30, 2015, former Officer Maldonado conducted a traffic stop of J.A. and stole approximately $1,800 during that stop. Officer Maldonado then conspired with several other MPD officers and civilians to intimidate J.A. and bribe him to withdraw his theft complaint. Specifically, Maldonado tasked his former brother-in-law, Damien Kaina, with executing the bribery plan. J.A. initially refused to take money from Kaina, but Kaina insisted. J.A. eventually accepted some money because he was frightened that Kaina or others might retaliate against him and his family if he continued to refuse. Walter Ahuna, a former MPD sergeant, served as Kaina’s getaway driver.
Kaina and Ahuna both previously pleaded guilty to participating in the obstruction plot.
J.A. immediately reported the attempted bribe to MPD and, the next morning, delivered the bribe money to MPD detectives. The day after the bribe, when it became clear that J.A. was not going to withdraw the theft complaint, Maldonado, Kaina, and another MPD officer, Chase Keliipaakaua, called J.A. in an effort to pressure him to withdraw the complaint. Keliipaakaua also pleaded guilty to his role in the crime.
“Defendant Maldonado stole money from a civilian and conspired with others, including other law enforcement officers, to intimidate and bribe his victim, defying the law he swore to protect,” said Acting Assistant Attorney General John Gore. “The Civil Rights Division will hold law enforcement officers who abuse their positions of power accountable under the law.”
“Police officers are sworn to protect and serve; whenever that oath is broken, it is a blow to our community as a whole. That is why our office is committed to vigorously investigating and prosecuting all instances of police misconduct,” said U.S. Attorney for the District of Hawaii Kenji M. Price.
“The men and women of the Honolulu FBI would like to thank the Maui Police Department for their diligence and thoroughness in identifying several of their own officers and assisting in this civil rights investigation. It is a sad day when an officer abuses their authority and violates the trust of the public they have been sworn to serve. However, this is a consummate example that these crimes will not be ignored and will be prosecuted to the fullest extent of the law,” said FBI Special Agent in Charge Sean L. Kaul.
The FBI conducted the investigation. Assistant United States Attorney Marc Wallenstein of the District of Hawaii and Trial Attorney Mary J. Hahn of the Civil Rights Division prosecuted the case.
Former Maui Police Department Officer Sentenced for Unlawfully Seizing Money and Conspiring to Obstruct JusticeRead the Press Release
HONOLULU – The Justice Department and the U.S. Attorney’s Office for the District of Hawaii announced today that former Maui Police Department (MPD) Officer Anthony Maldonado, 29, of Kahului, Hawaii, was sentenced yesterday by Senior United States District Judge Helen Gillmor of the District of Hawaii to 24 months in prison, three years of supervised release, and required to pay $1,917.70 in restitution.
On April 19, Maldonado pleaded guilty to one count of violating the civil rights of a civilian by stealing money from him, and one count of conspiring to obstruct the federal investigation of that theft. According to court documents, on Sept. 30, 2015, former Officer Maldonado conducted a traffic stop of J.A. and stole approximately $1,800 during that stop. Officer Maldonado then conspired with several other MPD officers and civilians to intimidate J.A. and bribe him to withdraw his theft complaint. Specifically, Maldonado tasked his former brother-in-law, Damien Kaina, with executing the bribery plan. J.A. initially refused to take money from Kaina, but Kaina insisted. J.A. eventually accepted some money because he was frightened that Kaina or others might retaliate against him and his family if he continued to refuse. Walter Ahuna, a former MPD sergeant, served as Kaina’s getaway driver.
Kaina and Ahuna both previously pleaded guilty to participating in the obstruction plot.
J.A. immediately reported the attempted bribe to MPD and, the next morning, delivered the bribe money to MPD detectives. The day after the bribe, when it became clear that J.A. was not going to withdraw the theft complaint, Maldonado, Kaina, and another MPD officer, Chase Keliipaakaua, called J.A. in an effort to pressure him to withdraw the complaint. Keliipaakaua also pleaded guilty to his role in the crime.
“Defendant Maldonado stole money from a civilian and conspired with others, including other law enforcement officers, to intimidate and bribe his victim, defying the law he swore to protect,” said Acting Assistant Attorney General John Gore. “The Civil Rights Division will hold law enforcement officers who abuse their positions of power accountable under the law.”
“Police officers are sworn to protect and serve; whenever that oath is broken, it is a blow to our community as a whole. That is why our office is committed to vigorously investigating and prosecuting all instances of police misconduct,” said U.S. Attorney for the District of Hawaii Kenji M. Price.
“The men and women of the Honolulu FBI would like to thank the Maui Police Department for their diligence and thoroughness in identifying several of their own officers and assisting in this civil rights investigation. It is a sad day when an officer abuses their authority and violates the trust of the public they have been sworn to serve. However, this is a consummate example that these crimes will not be ignored and will be prosecuted to the fullest extent of the law,” said FBI Special Agent in Charge Sean L. Kaul.
The FBI conducted the investigation. Assistant United States Attorney Marc Wallenstein of the District of Hawaii and Trial Attorney Mary J. Hahn of the Civil Rights Division prosecuted the case.
Former Lee's Summit Police Officer Charged with Armed Bank RobberyRead the Press Release
KANSAS CITY, Mo. – A former Lee’s Summit, Mo., police officer was charged in federal court today with armed bank robbery after leading officers on a 100-miles-per-hour vehicle pursuit.
Richard W. Hagerty, 35, was charged in a two-count criminal complaint filed in the U.S. District Court in Kansas City, Mo. Hagerty was a police officer with the Lee’s Summit, Mo., Police Department from 2007 to 2016.
Today’s criminal complaint charges Hagerty with one count of bank robbery and one count of possessing a firearm during a crime of violence. Hagerty remains in federal custody pending a detention hearing, which has not yet been scheduled.
According to an affidavit filed in support of the federal criminal complaint, Hagerty entered Central Bank of the Midwest, located at 1305 N.W. Arborwalk Blvd. in Lee’s Summit, on Tuesday morning, Aug. 28, 2018. Hagerty, wearing a camouflage balaclava-style mask that covered part of his face and black gloves, pointed a Glock .40-caliber pistol at a customer and yelled, “Everybody get down on the floor, this is a robbery.” He demanded cash from two tellers, pointing the handgun at them while he was demanding money. Hagerty allegedly stole about $7,000 then fled from the bank on foot.
A Lee’s Summit police officer located Hagerty driving a dark gray Mazda on Hook Road and 139th Street shortly after the robbery. When the officer activated his emergency equipment, Hagerty accelerated and a vehicle pursuit ensued. The pursuit stretched from Lee’s Summit to Grandview, Mo., in the middle of the day, on busy thoroughfares. Hagerty drove erratically during the pursuit, the affidavit says, by reaching speeds in excess of 100 miles per hour on those busy roads, passing through school zones, and crossing into oncoming traffic.
After the vehicle was finally stopped, the officer gave verbal instructions for the occupant of the Mazda to exit the vehicle. After a short delay, Hagerty exited through the driver's side door of the vehicle with his hands raised above his head. The officer immediately recognized Hagerty, who was arrested.
Inside the vehicle, officers saw a large amount of cash on the driver’s seat and the front driver’s and passenger’s floorboard. They also recovered the Glock handgun from the vehicle.
The charges contained in this complaint are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Special Assistant U.S. Attorney Ashleigh Ragnar. It was investigated by the Lee’s Summit, Mo., Police Department and the FBI.
Former FIFA Executive, President of CONMEBOL and Paraguayan Soccer Official Sentenced to Nine Years in Prison for Racketeering and Corruption OffensesRead the Press Release
Juan Ángel Napout, a high-level figure in international soccer, was sentenced today in federal court in Brooklyn by United States District Judge Pamela K. Chen to nine years’ imprisonment following his trial convictions of conspiratorial racketeering and two counts of wire fraud conspiracy. The crimes of conviction related to Napout’s participation in schemes to accept millions of dollars in bribes in exchange for the media and marketing rights to various soccer tournaments. The Court also ordered Napout to pay $3,374,025.88 in forfeiture and imposed a fine of $1 million. A hearing on victim restitution is scheduled for October 4, 2018.
At the time of his arrest in December 2015, Napout was the president of CONMEBOL, the confederation responsible for soccer in South America, a FIFA Vice President and a member of the FIFA Executive Committee. He had previously served as the president of the Paraguayan Soccer Federation, known as the Asociación Paraguaya de Fútbol, or APF. Napout was convicted following a six-week trial in November and December of 2017.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and R. Damon Rowe, Special Agent-in-Charge, Internal Revenue Service Criminal Investigation, Los Angeles Field Office (IRS CI), announced the sentence.
“Napout rose to the highest ranks of soccer, holding FIFA executive positions and running a powerful continental confederation, only to turn his back on the institutions and people he was entrusted to serve,” stated United States Attorney Donoghue. “For years, Napout fed his greed, joining and furthering a rampant and deep-rooted culture of corruption in the sport. Napout’s conviction, as well as the successful prosecution of other high-level soccer officials, has struck at the core of corruption in soccer and underscores the need for continued vigilance against fraud and bribery in the sport.” Mr. Donoghue expressed his grateful appreciation to the governments of Switzerland, Brazil and Paraguay for their significant assistance in this case. Mr. Donoghue also thanked the Office of International Affairs and the Organized Crime and Gang Section of the U.S. Department of Justice’s Criminal Division in Washington, D.C., for their assistance in this prosecution.
“Soccer officials spent years gleefully pocketing money handed to them by companies and agencies hoping to further their own agendas, and they did it thinking no one was looking,” stated FBI Assistant Director-in-Charge Sweeney. “Now Mr. Napout, and other co-conspirators, are paying for their crimes in federal prisons, and the money they took must be repaid. Each investigation the FBI New York and our law enforcement partners brings to an end, we hope will restore a little piece of the game stolen by greed and arrogance.”
“Juan Ángel Napout abused his position of trust and authority in the world of soccer and allowed his appetite for money to lead him into a life of crime,” said IRS-CI Special Agent-in-Charge Rowe. “Soccer fans worldwide will be delighted to see their game cleansed of the exploitation that has marred it for years.”As proved at trial, FIFA and its six continental confederations, together with affiliated regional federations, national member associations and sports marketing companies, constitute an enterprise of legal entities associated in fact for purposes of the federal racketeering laws. The principal, and entirely legitimate, purpose of the enterprise is to regulate and promote the sport of soccer worldwide. The enterprise financed its efforts in significant part by commercializing the media and marketing rights associated with various soccer events and tournaments, often through the sale of multi-year contracts covering multiple editions of the tournaments.
Evidence presented at trial, publicly filed documents and statements made in court established that Napout and his co-conspirators engaged in a conspiracy to corrupt the enterprise through racketeering activity. Specifically, Napout and his co-conspirators corrupted the FIFA enterprise through the offer and receipt of tens of millions of dollars in bribes and kickbacks paid by sports marketing companies to soccer officials in exchange for the media and marketing rights to: (a) multiple editions of the CONMEBOL-sponsored Copa América soccer tournament played periodically by South American national teams, including the Copa América Centenario, a special edition of the tournament played in the United States in 2016; (b) multiple editions of the CONMEBOL-sponsored Copa Libertadores soccer tournament played annually by South American club teams and (c) two cycles of World Cup qualifying matches played by the Paraguayan national team and administered by the APF.
The government’s investigation is ongoing.
The government’s case is being handled by the Office’s FIFA Task Force. Assistant United States Attorneys Samuel P. Nitze, M. Kristin Mace and Keith D. Edelman are in charge of the trial prosecution, with assistance from Assistant U.S. Attorneys Kaitlin T. Farrell and Brian D. Morris.
The Defendant:
JUAN ÁNGEL NAPOUT
Age: 60
Citizenship: ParaguayE.D.N.Y. Docket No. 15-CR-252 (S-2) (PKC)
Former Cottage Grove Police Officer Accused of Stealing Meth from Evidence LockerRead the Press Release
EUGENE, Ore. – A criminal complaint was unsealed today alleging Phillip Allan Beach, 48, of Cottage Grove, Oregon, knowingly and intentionally took possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge.
As alleged in the criminal complaint, in May 2015, an evidence coordinator at the Cottage Grove Police Department (CGPD) reported to their supervisor that Beach accessed the department’s evidence locker more frequently than other officers and seemed to do so for no apparent purpose. The coordinator said that Beach would repeatedly access the same evidence bag. A CGPD commander later examined the bag and observed that it was open and two plastic bags inside containing several ounces of methamphetamine crystals had been sliced open.
In June 2015, CGPD began an investigation of Beach’s conduct and placed two hidden cameras inside the evidence locker. On June 11, 2015, Beach was recorded on video entering the locker without signing the evidence log and accessing the evidence bag previously examined by the commander. The video shows Beach taking a small plastic baggie from his pants pocket and using it to take a small portion of meth from the evidence bag. Investigators later weighed the evidence bag and found a 7.3 gram reduction in weight.
CGPD’s investigation revealed that between March 2010 and June 2015, Beach accessed numerous pieces of drug evidence from multiple cases. For example, Beach would indicate at times that he was taking drugs from the secured evidence locker to send to the crime lab for testing, but no drugs were sent. On at least one occasion, Beach is alleged to have replaced methamphetamine he had taken from an evidence bag with salt to conceal his actions.
Beach made an initial appearance today in federal court before U.S. Magistrate Judge Jolie A. Russo. He entered a not-guilty plea and was released pending trial.
A criminal complaint is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Complaint - BeachFormer Brisbane Resident Sentenced to 57 Months in Prison for Being A Felon in Possession of A FirearmRead the Press Release
SAN FRANCISCO – Desean Bailey was sentenced today to 57 months in prison for being a felon in possession of a firearm and ammunition, announced United States Attorney Alex G. Tse and Homeland Security Investigations Special Agent in Charge Ryan Spradlin.
Bailey, 31, previously of Brisbane, Calif., pleaded guilty on June 13, 2018, to one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). According to his plea agreement, Bailey admitted to possessing a loaded Smith and Wesson, Model 39-2, .9mm firearm on the evening of November 6, 2017, when he was stopped by officers of the San Francisco Police Department (SFPD). After being told by the officers that he was detained, Bailey fled on foot. He then threw the handgun into the middle of the street where it was later recovered by SFPD. In addition, Bailey admitted he possessed ammunition and that he was a convicted felon at the time he possessed the firearm.
On January 4, 2018, a federal grand jury indicted Bailey charging him with one count of violating 18 U.S.C. § 922(g)(1). Pursuant to his plea agreement, Bailey pleaded guilty to the charge.
The sentence was handed down by the Honorable Charles R. Breyer, Senior U.S. District Judge. Judge Breyer also sentenced the defendant to a three-year period of supervised release. The defendant will begin serving the sentence immediately.
Assistant U.S. Attorney Sailaja M. Paidipaty is prosecuting the case with the assistance of Marina Ponomarchuk. The prosecution is the result of an investigation by Homeland Security Investigations with assistance from the Bureau of Alcohol, Tobacco, and Firearms.
Final Defendant Responsible for Theft of Firearms from Cabela's Sentenced to Federal PrisonRead the Press Release
DENVER – Kendall Crockett, aka “Grizzle,” age 23 of Denver, Colorado, was sentenced on August 10, 2018, by U.S. District Court Judge Philip A. Brimmer to serve 80 months in federal prison for theft of firearms from a federal firearm licensee (FFL) and possession of stolen firearms, U.S. Attorney Bob Troyer and ATF Denver Division Special Agent in Charge Debbie Livingston announced. After serving his prison sentence, Judge Brimmer ordered Crockett to serve 3 years on supervised release.
Two other defendants were also sentenced by Judge Brimmer for participating in the same FFL theft as well as an additional FFL theft. Darnell Hudgens, age 24 of Denver, was sentenced to serve 57 months in prison, followed by 3 years of supervised release. He was also ordered to pay $107,558.61 in restitution. Giavanni Edward Miles, age 21 of Denver was sentenced by Judge Brimmer to serve 70 months in prison, followed by 3 years supervised release, and ordered to pay $107,558.61 in restitution, joint and several with defendant Hudgens. All three defendants were members of the Bloods street gang.
The three defendants were first indicted by a federal grand jury in Denver on September 25, 2017. Miles pled guilty on January 1, 2018, and was sentenced on April 12, 2018. Hudgens pled guilty on January 1, 2018, and was sentenced on April 20, 2018. Crockett pled guilty February 21, 2018. All three defendants have since appealed.
According to court documents, including the defendants’ stipulated facts in their plea agreements, on August 21, 2017, at approximately 2:05 a.m., the defendants and another suspect broke into the Cabela’s, a federally licensed firearm dealer, located at 14050 Lincoln Street in Thornton. They stole fifty-six firearms. Surveillance video showed that three suspects ran into the store, grabbed the firearms, and placed them in backpacks they were wearing on their chests. They then ran toward the emergency exit, which was obstructed. They then ran through the front door and continued east through a field. Crockett was waiting as the lookout and getaway driver in a second car, and they fled the scene in that car. After the burglary, the defendants distributed the stolen firearms to fellow Bloods gang members, including gang members who the defendants knew were prohibited from possessing firearms.
“These crimes often take tireless work to investigate and prosecute,” said U.S. Attorney Bob Troyer. “But as this one proves, ATF, our prosecutors, and our local partners do not relent. They find the thieves, and they find the guns. Simple as that.”
“These individuals deserve to be behind bars,” said Debbie Livingston, ATF Denver Special Agent in Charge. “Thefts of this kind will not be tolerated in Denver. I am proud of the work done by our Special Agents and partners that led to their arrest.”
This case was investigated by the ATF. The defendants were prosecuted by Assistant U.S. Attorney Emily May.
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.
Federal Officials Remind the Public to Be on the Lookout for Wildfire-Related Disaster FraudRead the Press Release
SAN FRANCISCO – In the wake of the Mendocino Complex Fires, U.S. Attorney Alex Tse and Federal Bureau of Investigation Special Agent in Charge John F. Bennett have stepped up efforts to remind the public to be aware of the potential for fraudulent activity in connection with the cleanup of the fires.
Last year state and federal law enforcement led by the Federal Bureau of Investigation joined with other local authorities to form the North Bay Disaster Fraud Task Force to combat fraud arising from the North Bay wildfires. The task force is a cooperative effort between local, state, and federal agencies to share and disseminate information and collaborate on investigations in an effort to streamline the process for preventing and addressing disaster-related fraud. The task force has worked effectively to combat fraud and will continue to do so as wildfires continue to plague Northern California.
U.S. Attorney Tse stated: “In times of difficulty like the Mendocino Complex Fires, many people respond to their community with a spirit of generosity and a willingness to shoulder the difficulty together. Others, however, take advantage of the vulnerability to unjustly enrich themselves. I urge the public to report any suspected fraudulent activity in the aftermath of the recent wildfires to federal and local law enforcement, so that together we can pursue investigation and prosecution of fraud.”
“The FBI has seen criminals target every step of relief and recovery in the face of natural disasters,” said Special Agent in Charge John F. Bennett. “The FBI is committed to protecting disaster victims from complex theft and fraud schemes. We ask the public in Northern California to remain vigilant in this time of crisis and to report any suspicious activity to law enforcement immediately.”
Members of the public are reminded to apply a critical eye and do their due diligence before trusting anyone purporting to be working on behalf of disaster victims, and to be especially cautious of anyone who contacts you seeking personal identifying information or financial information. Possible examples of disaster fraud activity may include fake charities claiming to provide relief for victims and individuals submitting false claims for disaster relief. Members of the public who suspect fraud involving disaster relief efforts, or who believe that they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Center for Disaster Fraud at [email protected] or at 866-720-5721. The telephone line is staffed by a live operator 24 hours a day, 7 days a week. The public can also fax information to the Center at (225) 334-4707. The website for the National Center for Disaster Fraud is www.justice.gov/diaster-fraud. Suspected fraudulent activity also can be referred to local and federal law enforcement.
Federal Jury Finds Jackson Man Guilty of Illegally Possessing a FirearmRead the Press Release
Jackson, Miss. – Jeremy T. Walker, 33, of Jackson, was found guilty Tuesday, after a two-day trial before U.S. District Judge William H. Barbour, Jr., of being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Dana Nichols, Special Agent in Charge, Bureau of Alcohol, Tobacco Firearms and Explosives.
On February 5, 2013, the Gulf Coast Regional Fugitive Task Force of the United States Marshal’s Service was serving an outstanding Hinds County arrest warrant on Walker. He was arrested in a home located on Belvedere Road in Jackson, Mississippi. An AK-style firearm was recovered from the residence along with a 30 round magazine. The firearm was found to have an obliterated serial number. The defendant was previously convicted in Hinds County for Possession of a Controlled Substance in 2010.
On September 9, 2014, a federal grand jury returned an indictment charging Walker with being a felon in possession of a firearm. The defendant was arrested by the United States Marshal Service on April 11, 2018, after being a fugitive.
Walker is scheduled to be sentenced on November 27, 2018 at 11:00 am and faces a maximum sentence of 10 years in federal prison and a $250,000 fine.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Marshal Service, and the Hinds County Sheriff’s Department. The case is being prosecuted by Assistant United States Attorneys Erin Chalk and Kimberly Purdie.