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Tuesday 28 August 2018
Ohio County men admit to drug chargesRead the Press Release
WHEELING, WEST VIRGINIA – Quavonte Pugh and Caveizz Cunningham, both of Wheeling, West Virginia, have admitted to drug charges, United States Attorney Bill Powell announced.
Pugh, also known as “Q,” age 22, pled guilty to one count of “Distribution of Cocaine Base within 1,000 Feet of a Protected Location.” Pugh admitted to selling cocaine base near Jenson Playground in January 2018 in Ohio County
Cunningham, age 24, pled guilty to one count of “Conspiracy to Distribute Heroin and Cocaine Base.” Cunningham admitted to conspiring to distribute heroin and cocaine base in January 2018 in Ohio County.
Pugh faces up 40 years incarceration and a fine of up to $2,000,000. Cunningham faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen L. Vogrin is prosecuting the cases on behalf of the government. The Drug Enforcement Administration and the Ohio Valley Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Senior U.S. District Judge Frederick P. Stamp, Jr. presided.North Dakota U.S. Attorney’s Office Receives International Leadership AwardRead the Press Release
Fargo - U.S. Attorney Christopher C. Myers announced the United States Attorney’s Office for the District of North Dakota was awarded the “Leadership in Transnational Crime Award” from the International Association of Chiefs of Police (IACP).
Founded in 1893, IACP is a professional association for law enforcement worldwide, representing more than 30,000 members in more than 150 countries. IACP provides members with the opportunities to connect, participate, learn, advocate, and succeed. Throughout the past 100-plus years, IACP has launched historically acclaimed programs, conducted ground-breaking research, and provided exemplary programs and services across the globe. Professionally recognized programs such as the FBI Identification Division and the Uniform Crime Records system can trace their origins back to the IACP.
The award will be presented at the IACP Annual Conference in October. U.S. Attorney Myers will be accepting the award on behalf of the U.S. Attorney’s Office and will be addressing the Transnational Crime Subcommittee meeting during the conference.
U.S. Attorney Myers stated, “I am honored that our office has been recognized as a leader in battling transnational criminal organizations by such a prestigious international organization like IACP. The credit goes to the fantastic employees of the U.S. Attorney’s Office and the special team of agents and prosecutors that have spent the last 3 ½ years investigating and prosecuting ‘Operation Denial’”.
This leadership award resulted from the investigation and prosecution of “Operation Denial,” an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation into the international trafficking of fentanyl and other lethal drugs, and was significantly aided by the national and international coordination led by the multi-agency Special Operations Division (S.O.D.) near Washington D.C. as part of “Operation Deadly Merchant.” The investigation started in North Dakota on Jan. 3, 2015, with the overdose death in Grand Forks of 18-year-old Bailey Henke. To date, thirty-two (32) defendants have been charged as a result of the investigation
This case was investigated by U.S. Immigration and Customs Enforcement Homeland Security Investigations; U.S. Drug Enforcement Administration; U.S. Postal Inspection Service; Grand Forks Narcotics Task Force; Royal Canadian Mounted Police; Portland, Oregon, Police Bureau – Drugs and Vice Division; IRS-Criminal Investigations Division; Portland HIDTA Interdiction Task Force; Oregon State Police; and the Grand Forks Police Department. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations and those primarily responsible for the nation’s illegal drug supply.
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North Attleboro Man Charged with "Lie-And-Buy" SchemeRead the Press Release
BOSTON – A North Attleboro man has been charged in connection with a “lie-and-buy” firearms scheme.
Brian Watkins, 51, was indicted on one count of making a false statement during a firearm purchase. Watkins appeared in federal court in Boston yesterday and was released on conditions.
According to the indictment unsealed yesterday, on March 21, 2018, Watkins represented himself to be the actual purchaser of a firearm – a Glock, Model 23, .40 caliber pistol - from a licensed dealer, when in fact he was purchasing the firearm for another person.
The charge of making false statements during a firearm purchase provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives made the announcement. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Multi-Agency Investigation Disrupts Heroin Trafficking Pipeline Between Ciudad Juarez and Las Cruces, N.M., Facilitated by Social Media Messaging PlatformRead the Press Release
ALBUQUERQUE – Fourteen residents of Las Cruces, N.M., and a Mexican national are facing federal heroin trafficking charges as the result of a two-year multi-agency investigation into Jesus Salvador Otero-Martinez, 32, of Ciudad Juarez, the alleged source of heroin supply for numerous street-level heroin traffickers in Las Cruces. The investigation culminated today when 13 of the defendants were arrested in Las Cruces by teams of federal, state, county and local law enforcement officers during an early morning law enforcement operation. During the course of the investigation, law enforcement authorities arrested 24 Las Cruces residents on various state charges. Otero-Martinez is one of the two federal defendants who was were arrested during today’s law enforcement operation, and is considered a fugitive.
U.S. Attorney John C. Anderson, 3rd Judicial District Attorney Mark D’Antonio, Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division, Special Agent in Charge Kyle W. Williamson of the DEA’s El Paso Division, Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, and Captain Bobby Holden of the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force, announced the results of the investigation, which was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program. OCDETF is a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
The charges against the defendants are the result of an investigation that began in 2016, and targeted Otero-Martinez, the alleged source of supply for a heroin trafficking operation that allegedly continuously provided heroin to couriers who smuggled heroin in their body cavities from Ciudad Juarez, into El Paso, Texas, and Las Cruces, where it was delivered to street-level dealers. According to court filings, the defendants used social media messaging platforms to facilitate their heroin trafficking activities. During the course of the investigation, law enforcement authorities seized approximately 1.17 kilograms of heroin, $6,150.00 in cash, nine firearms, and 465 cartridges of various calibers of ammunition.
On Aug. 22, 2018, a federal grand jury returned four federal indictments charging 15 defendants with conspiracy and heroin trafficking offenses. Otero-Martinez is charged in each of the four federal indictments with participating in heroin trafficking conspiracies. The conspiracy counts in the four federal indictments include detailed “overt act” sections that describe the manner in which Otero-Martinez and his co-conspirators allegedly used social media messaging platforms to negotiate numerous heroin transactions and to facilitate their heroin trafficking activities. The conspiracy counts also detail how couriers allegedly obtained heroin from Otero-Martinez in Juarez; smuggled the heroin into the United States through El Paso; and delivered the heroin to purchasers, including undercover agents and individuals cooperating with law enforcement authorities, in Las Cruces.
The 13 federal defendants who were arrested today will make their initial appearances in federal court in Las Cruces tomorrow morning.
The state defendants have been charged in criminal complaints filed by the 3rd Judicial District Attorney’s Office in the 3rd Judicial District Court for the State of New Mexico.
These cases were investigated by the FBI, DEA, HSI and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force. The New Mexico State Police, Las Cruces Police Department and Dona Ana County Sheriff’s Office assisted with today’s law enforcement operation.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Assistant U.S. Attorneys of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the federal cases as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and many other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
SUMMARY OF CHARGES IN FEDERAL INDICTMENTS
INDICTMENT: United States v. Otero-Martinez, Silva, et al., 18-CR-2754-RB
Charges: Count 1 of the Indictment charges Jesus Salvador Otero-Martinez, Alfred Silva and Joseph Gonzalez with participating in a heroin trafficking conspiracy. The statutory penalty for a conviction on this charge is a mandatory minimum of five years and a maximum of 40 years in prison and a $5 million fine. Count 2 charges Silva, who has a prior felony conviction for distributing a controlled substance, with being a felon in possession of ammunition. The statutory penalty for a conviction on this charge is a maximum of ten years in prison and a $250,000 fine.
Defendants: Jesus Salvador Otero-Martinez, 32, Ciudad Juarez, Mexico, has yet to be arrested and is considered a fugitive. Alfred Silva, 34, was arrested on June 1, 2018, on a related charge, and Joseph Gonzalez, 23, was arrested this morning.
INDICTMENT: United States v. Otero-Martinez, DeLeon, et al., 18-CR-2755-RB
Charges: Count 1 of the Indictment charges Otero-Martinez, Erik DeLeon, Matthew Torres, and Donnie Edward Baca with participating in a heroin trafficking conspiracy. The statutory penalty for a conviction on this charge for Otero-Martinez, DeLeon and Torres is a mandatory minimum of five years and a maximum of 40 years in prison and a $5 million fine; for Baca, the penalty is a maximum of 20 years in prison and a $1 million fine. Count 2 charges DeLeon and Baca with distributing heroin. The statutory penalty for a conviction on this charge is a maximum of 20 years in prison and a $1 million fine.
Defendants: Otero-Martinez has yet to be arrested and is considered a fugitive. Erik DeLeon, 27, Matthew Torres, 33, and Donnie Edward Baca, 26, were arrested this morning.
INDICTMENT: United States v. Otero-Martinez, Romero, et al., 18-CR-2756-RB
Charges: The single-count Indictment charges Jesus Salvador Otero-Martinez, Brenda Romero, Nathan Gonzales, Desiree M. Vallejos, Samantha M. Ybarra-Ochoa, Elaine Zubiran and Misty A. Baca with participating in a heroin trafficking conspiracy. The statutory penalty for a conviction on this charge for Otero-Martinez, Romero, Gonzales, Vallejos, Ybarra-Ochoa, and Zubiran is a mandatory minimum of five years and a maximum of 40 years in prison; for Baca, the penalty is a maximum of 20 years in prison and a $1 million fine.
Defendants: Otero-Martinez has yet to be arrested and is considered a fugitive. Brenda Romero, 39, Nathan Gonzales, 32, Desiree M. Vallejos, 29, Misty A. Baca, 36, were arrested this morning; and Samantha M. Ybarra-Ochoa, 26, surrendered to the FBI this morning. Elaine Zubiran, 27, was arrested on state charges on Aug. 17, 2018, and will be transferred into federal custody to face the charge in the indictment.
INDICTMENT: United States v. Otero-Martinez, Crespin, et al., 18-CR-2757-RB
Charges: Count 1 of the Indictment charges Otero-Martinez, Michael Crespin, Gabriel Soltero, and Gerardo Zamarripa with participating in a heroin trafficking conspiracy. The statutory penalty for a conviction on this charge for Otero-Martinez, Crespin and Soltero is a mandatory minimum of five years and a maximum of 40 years in prison and a $5 million fine; for Zamarripa, the penalty is a maximum of 20 years in prison and a $1 million fine. Count 2 charges Soltero and Crespin with possessing heroin with intent to distribute, and Count 3 charges Crespin and Zamarripa with the same offense. The statutory penalty for a conviction on this charge is a maximum of 20 years in prison and a $1 million fine.
Defendants: Otero-Martinez has yet to be arrested and is considered a fugitive. Michael Crespin, 60, and Gabriel Soltero, 35, were arrested this morning. Gerardo Zamarripa, 32, has yet to be arrested and is considered a fugitive.
Fugitives: Photos of the fugitives, Jesus Salvador Otero-Martinez and Gerardo Zamarripa, are attached to this press release. Individuals with information about the whereabouts of Otero-Martinez or Zamarripa are asked to contact the FBI at 505-889-1300 or tips.fbi.gov.
Charges in indictments and criminal complaints are only accusations. Defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
Indictment 18CR2754 Indictment 18CR2755 Indictment 18CR2756 Indictment 18CR2757Morris County Man Sentenced to 97 Months in Prison for Distribution of Child PornographyRead the Press Release
NEWARK, N.J. – A Morris County, New Jersey, man was sentenced today to 97 months in prison for distributing images of child sexual abuse, U.S. Attorney Craig Carpenito announced.
Mark Derzko, 74, of Mine Hill, New Jersey, previously pleaded guilty before U.S. District Judge William H. Walls to an information charging him with one count of distribution of child pornography. Judge Walls imposed the sentence today in Newark federal court.
According to documents filed in the case and statements in court:
Derzko used a peer-to-peer file-sharing program, which he installed on his computer several years ago, to download videos and images of child sexual abuse. In May, August and September of 2016, law enforcement downloaded more than two dozen videos of child sexual abuse from Derzko’s computer. After executing a search warrant at Derzko’s home in October 2016, agents located more than 2,000 videos and over 8,000 images of child sexual abuse on Derzko’s computers. Derzko admitted that he was making available for others to download videos he had previously saved on his computer.
In addition to the prison term, Judge Walls sentenced Derko to five years of supervised release, ordered him to register as a sex offender and ordered him to pay restitution of $24,000.U.S. Attorney Carpenito credited special agents with the Department of Homeland Security, Homeland Security Investigations, under the direction of Newark Special Agent in Charge Brian Michael, with the investigation leading to today’s sentencing. He also thanked the Morris County Prosecutor’s Office and the Wharton, New Jersey, Police Department for their assistance with the case.
The government is represented by Senior Litigation Counsel Mark J. McCarren of the U.S. Attorney’s Special Prosecutions Division in Newark.
Defense counsel: Michael Koribanics Esq., Clifton, New Jersey
Miami Resident Arrested for Making Multiple Bomb ThreatsRead 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 the arrest of Michael Mora, 35, of Miami, Florida, on a criminal complaint charging him with making hoax bomb threats, in violation of Title 18, United States Code, Section 844(e). Mora had his initial appearance today in front of U.S. Magistrate Judge Edwin G. Torres.
According to allegations contained within the complaint, on August 21, 2018, the Dadeland Mall located in Miami, Florida received a bomb threat via their customer inquiry form. Further investigation revealed that this threat originated from Mora’s residence, and while investigating this threat, law enforcement learned that bomb threats made by Mora had also been made against the White House, the U.S. Capitol, the Lincoln Memorial, Arlington National Cemetery, and Fort Knox.
The case was investigated by the FBI’s Miami Division, the South Florida Joint Terrorism Task Force (JTTF) and Miami-Dade Police Department. The case is being prosecuted by Assistant U.S. Attorney Marc S. Anton.
A complaint is 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.
Members of Eastern European Organized Crime Syndicate Convicted of Racketeering and Other Violent CrimesRead the Press Release
Earlier today, following more than three weeks of trial, a federal jury in Brooklyn returned guilty verdicts against Leonid “Lenny” Gershman and Aleksey Tsvetkov on charges of racketeering, including predicate acts of illegal gambling, loansharking, extortion, arson and marijuana distribution. The charges arose out of the defendants’ membership in an Eastern European organized crime syndicate that operated predominantly in the Sheepshead Bay, Brighton Beach and Coney Island neighborhoods in Brooklyn. Gershman was also convicted of conspiring to traffick firearms, and Tsvetkov of wire fraud for an insurance scheme at Aces Auto Bodyshop, which he co-owned. When sentenced by United States District Court Judge Brian M. Cogan, the defendants each face up to life in prison.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, James J. Hunt, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA), and James D. Robnett, Special Agent-in-Charge, Internal Revenue Service Criminal Investigation, New York (IRS-CI), announced the verdicts.
“Today’s verdicts hold Gershman and Tsvetkov responsible for years of using intimidation, violence and their association with Russian organized crime to inflict crimes on our local communities, including carrying out beatings in broad daylight and committing arson in the dead of night, endangering the lives of tenants and New York City firefighters,” stated United States Attorney Donoghue. “This Office and our partners on the DEA Strike Force have dismantled the defendants’ criminal syndicate and will continue to work tirelessly to prevent organized crime elements from flourishing in the Eastern District of New York at the expense of our residents.” Mr. Donoghue expressed his grateful appreciation to the DEA’s New York Organized Crime Drug Enforcement Strike Force, which is comprised of agents and officers of the Immigration and Customs Enforcement, Homeland Security Investigations, New York, the New York City Police Department, and the New York State Police for their roles in the investigation. Mr. Donoghue also thanked the New York City Fire Department for its investigation of the arson and its heroic efforts in rescuing residents who were trapped in the building.
“This investigation and trial illuminated clues that solved international and domestic crimes committed by members of an Eastern European organized crime syndicate operating in Brooklyn, NY,” stated DEA Special Agent-in-Charge Hunt. “Gershman and Tsvetkov relied on their associates in Russian organized crime known as “Thieves in Law” for some of their criminal acts, which included violence. The Strike Force and the Eastern District of New York should be commended for their professionalism that resulted in today’s convictions.”
“Today’s conviction is a decisive blow against this transnational organized crime syndicate,” stated IRS-CI Special Agent-in-Charge Robnett. “IRS-CI is committed, with our OCDETF partners, to disrupt the flow of ill-gotten gains that is the life-blood for these criminals and unravel their complex networks.”
As proven at trial, between 2011 and May 2017, Gershman and Tsvetkov, together with co-conspirators from states of the former Soviet Union, operated as a racketeering enterprise, committing a host of crimes to enrich themselves. Members of the criminal syndicate were linked to high-level members of Russian organized crime known as “thieves in law.” The “Thieves” authorized syndicate members to use violence to protect their criminal activities.
Beginning in 2016, the defendants partnered in an illegal high-stakes poker game on Coney Island Avenue. The Coney Island poker spot, where the bets wagered on a given night could exceed $800,000, generated substantial illicit profits for the defendants’ criminal syndicate. In the spring of 2016 the defendants and other syndicate members agreed to eliminate a competing poker spot by having two co-conspirators, both of whom testified at trial, set fire to a residential building on Voorhies Avenue where the rival game took place on the ground floor. Two residents of the building, including a young boy, were trapped in their apartment by the resulting fire and had to be rescued by firefighters. Both residents and firefighters suffered smoke inhalation, and one firefighter’s injuries required surgeries.
Additionally, the defendants’ criminal syndicate preyed upon numerous extortion victims in the Eastern District of New York and elsewhere. For example, as the evidence at trial proved, Gershman enlisted the help of “Thieves” in Russia who tracked down the father of an extortion victim in Moscow in order to determine where his son, who owed the syndicate more than $40,000, was living. After locating the victim, Gershman was recorded on a wiretap stating, the “Thieves have found him . . . in Israel,” and “they were at [his] place today.” As another example, Tsvetkov attacked a victim outside Aces Auto Bodyshop. The assault was captured on Aces’ surveillance video, and showed Tsvetkov punching the victim in the face, and continuing to attack him in the middle of the street as the victim lay on the ground. After the videotaped beating, which Tsvetkov saved to his cell phone, he boasted to a co-conspirator about putting the victim “to sleep.” Gershman and Tsvetkov were convicted of pistol-whipping an individual they suspected to have stolen marijuana from their stash house, shattering his teeth with the firearm.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Matthew J. Jacobs, Andrey Spektor and Sarah Evans are in charge of the prosecution.
The Defendants:
LEONID GERSHMAN (also known as “Lenny”)
Age: 35
Brooklyn, New YorkALEKSEY TSVETKOV
Age: 39
Brooklyn, New YorkE.D.N.Y. Docket No. 16-CR-553 (S-4) (BMC)
Man with 471 Pounds of Marijuana Pleads Guilty to Drug TraffickingRead the Press Release
TOPEKA, KAN. – A man who was arrested with 471 pounds of marijuana in his van pleaded guilty today to drug trafficking, U.S. Attorney Stephen McAllister said.
Mark Berg, 41, Coon Rapids, Minn., pleaded guilty to one count of possession with intent to distribute marijuana. According to court documents, a Kansas Highway Patrol trooper noticed the van and two other vehicles traveling with it on Interstate 70 in Ellsworth County. Although one of the escort vehicles attempted to distract him, the trooper stopped the minivan Berg was driving. Berg told the trooper he had been in Las Vegas and had driven through Denver on his way home to Minnesota. After a drug dog sniffed the vehicle, investigators searched the van and found the marijuana.
Sentencing is set for Nov. 19. He faces a penalty of up to 40 years in federal prison. McAllister commended the Kansas Highway Patrol, the Drug Enforcement Administration and Special Assistant U.S. Attorney Skip Jacobs for their work on the case.
Man Pleads Guilty to Fentanyl Distribution ConspiracyRead the Press Release
NORFOLK, Va. – A New York City man pleaded guilty today to conspiracy to distribute and possess with intent to distribute fentanyl.
According to court documents, on February 1, law enforcement observed Sheldon Myers, 56, exit a bus in Norfolk and enter a waiting vehicle with Virginia license plates. After conducting a traffic stop, law enforcement smelled marijuana and ordered both the driver and Myers to exit the vehicle. A search of the vehicle revealed approximately 313 grams of fentanyl concealed inside a graham cracker box. After waiving his Miranda rights, Myers admitted he had been recruited to transport the drugs on the bus from New York City to Norfolk.
Myers pleaded guilty to conspiracy to distribute and possess with intent to distribute fentanyl. He faces a maximum penalty of 20 years in prison when sentenced on December 10. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk, and Larry D. Boone, Chief of Norfolk Police, made the announcement after U.S. Magistrate Judge Robert J. Krask accepted the plea. Assistant U.S. Attorney Darryl J. Mitchell is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-95.
KC Man Faces More Stalking ChargesRead the Press Release
KANSAS CITY, Mo. – Additional charges were filed today against a Kansas City, Mo., man for stalking two more victims.
Robert J. Gross, 66, of Kansas City, was charged in a 10-count superseding indictment returned by a federal grand jury in Kansas City, Mo. Today’s superseding indictment replaces an indictment returned on Jan. 10, 2018, and adds two counts of stalking.
Today’s indictment charges Gross with two additional counts of stalking separate victims between Oct. 1 and Dec. 22, 2017. Gross allegedly traveled from Missouri to Kansas with the intent to harass and intimidate his victims, causing them to feel substantial emotional distress.
Today’s indictment also contains the original eight counts, which includes two counts of stalking separate victims (for a total of four victims) between Oct. 1 and Dec. 22, 2017; three counts of being a felon in possession of a firearm, and three counts of receiving a firearm while under indictment.
Gross allegedly was in possession of a 9mm Velocity “Uzi”-type firearm on Dec. 16, 2017. At that time, Gross was both a convicted felon and under indictment in the state of Kansas for aggravated sexual battery.
Gross allegedly was in possession of a Smith and Wesson 9mm handgun on Dec. 17, 2017. At that time, Gross was both a convicted felon and under indictment in the state of Kansas for aggravated sexual battery.
Gross allegedly was in possession of a Springfield 12-gauge shotgun and a Winchester 12-gauge shotgun on Friday, Dec. 22, 2017. At that time, Gross was both a convicted felon and under indictment in the state of Kansas for aggravated sexual battery.
Under federal law, it is illegal for anyone who has been convicted of a felony, or who is under indictment, to be in possession of any firearm or ammunition. Gross has prior felony convictions for possession with intent to distribute cocaine and making terroristic threats to a former girlfriend.
According to an affidavit filed in support of the original criminal complaint, Gross was destroying property and stalking individuals associated with massage parlors in Kansas, which led to him being placed under surveillance by law enforcement.
On Dec. 22, 2017, officers observed Gross allegedly purchase two shotguns from an unidentified individual in the parking lot of the Lowe’s Home Improvement store in Liberty, Mo. According to the affidavit, Gross first drove to the Pizza Ranch parking lot, where he removed the license plate from the front of his car. The rear license plate had been removed as well. Then Gross drove to the nearby Lowe’s store, where he was met by an individual driving a white pickup truck. The unidentified individual allegedly sold Gross two shotguns, which he handed to Gross from his truck. As Gross was putting two shotguns in the trunk of his car, officers arrested him for being a felon in possession of firearms.
According to the affidavit, the individual who sold the shotguns to Gross told investigators that Gross called him the day before, after seeing the firearms advertised on a web site. Gross told him he wanted to buy two shotguns for $350 and they arranged to meet at Lowe’s to conduct the sale.
Garrison cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt.
This case is being prosecuted by Assistant U.S. Attorneys Jess Michaelsen and Alison D. Dunning. It was investigated by the FBI, the Independence, Mo., Police Department, the Kansas City, Mo., Police Department, the Lawrence, Kan., Police Department, and the Douglas County, Mo., Sheriff’s Department.
Justice Department Announces Deferred Prosecution Agreement with Basler KantonalbankRead the Press Release
Bank Admits to Helping U.S. Taxpayers Conceal Income and Assets
from the United States; Agrees to Pay $60.4 Million
Basler Kantonalbank (BKB), a bank headquartered in Basel, Switzerland, entered into a deferred prosecution agreement (DPA) that was approved today by the U.S. District Court for the Southern District of Florida, announced United States Attorney Benjamin G. Greenberg, Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Department of Justice’s Tax Division, and Chief Don Fort for Internal Revenue Service-Criminal Investigation. As part of the agreement, Basler Kantonalbank will pay $60.4 million in total penalties.
“U. S. citizens who seek to avoid their tax obligations by hiding income in undeclared bank accounts abroad, and the financial institutions that assist them in doing so, will be held accountable for their actions, both civilly and criminally,” said U. S. Attorney for the Southern District of Florida Benjamin G. Greenberg. “In this case, BKB will not only pay a criminal fine and restitution, but also a civil forfeiture of $29.7 million in proceeds illegally derived from their conduct. The U.S. Attorney’s Office is committed to helping the IRS investigate and prosecute not only those who evade their taxes, but the financial institutions that assist them in doing so.”
“The era of hiding money overseas to evade U.S. tax obligations is over,” said Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division. “Financial institutions, professionals, and accountholders are on notice that the Department continues to aggressively pursue these offenses and will hold both individuals and entities accountable.”
“The deferred prosecution agreement signed today with BKB reinforces that while the deadline for the offshore voluntary disclosure program may be fast approaching, holding banks and individuals accountable will not stop,” said Chief Don Fort for IRS-Criminal Investigation. “Those who think they have successfully avoided detection and prosecution for hiding or failing to report offshore holdings to date should know that our commitment in this area is only increasing through our international partnerships and the strategic use of sophisticated data analytic tools.”
In the DPA and related court documents, BKB admits that between 2002 and 2012 it conspired with its employees, external asset managers, and clients to: 1) defraud the United States with respect to taxes; 2) commit tax evasion; and 3) file false federal tax returns. At its peak in 2010, the bank held approximately 1,144 accounts for U.S. customers, with an aggregate value of approximately $813.2 million (many, but not all of which, were undeclared accounts that were part of the conspiracy). According to the terms of the DPA approved today, BKB will cooperate fully, subject to applicable laws and regulations, with the United States, the Internal Revenue Service (IRS), and other U.S. authorities. The DPA also requires BKB to affirmatively disclose certain material information it may later uncover regarding U.S.-related accounts, as well as to disclose certain information consistent with the Department’s Swiss Bank Program with respect to accounts closed between January 1, 2009, and December 31, 2017. Under the DPA, prosecution against the bank for conspiracy will be deferred for an initial period of three years to allow BKB to demonstrate good conduct.
The $60.4 million penalty against BKB has three parts. First, BKB agreed to pay $17,200,000 in restitution to the IRS, which represents the unpaid taxes resulting from BKB’s participation in the conspiracy. Second, BKB agreed to forfeit $29,700,000 to the United States, which represents gross fees (not profits) that the bank earned on its undeclared accounts between 2002 and 2012. Finally, BKB agreed to pay a fine of $13,500,000. This penalty amount reflects BKB’s thorough internal investigation and cooperation with the United States, as well as the bank’s extensive efforts at remediation, and its waiver of any claim of foreign sovereign immunity. Among other remedial efforts, BKB implemented measures to require all U.S.-related accounts be tax compliant, closed a branch office responsible for much of the tax fraud and fired the employees involved in the offense, and conducted extensive outreach to former clients to encourage them to participate in IRS-sponsored voluntary disclosure programs.
According to court documents filed as part of the DPA, BKB is a bank incorporated by the Parliament of the Basel City Canton. From 1997 to 2014, BKB had a private-banking branch that operated from Zurich. The bank assisted certain U.S. clients in concealing their offshore assets and income from U.S. taxing authorities. By 2010, when BKB’s U.S.-related business was at its peak, the bank held approximately 1,144 accounts for U.S. customers, with an aggregate value of approximately $813.2 million. Many, but not all, of these accounts were undeclared and part of the conspiracy to defraud the United States.
BKB employees met directly with clients, but the bank primarily dealt with its undeclared U.S. customers through external asset managers. Among these external asset managers was Martin Lack. (Lack was later charged and pleaded guilty to a tax-fraud conspiracy charge.) In or around 2003, Lack left Swiss bank UBS AG, where he had been a Team Head on the North America desk, and brought over 20 undeclared U.S. clients to BKB. Lack met directly with the management of the Zurich branch, including the executive who headed the branch and served on BKB’s Extended Executive Board, and discussed bringing his clients to the bank. With the knowledge and encouragement of the leadership of BKB’s Zurich branch, Lack traveled to the United States to meet with clients with undeclared accounts. The head of the Zurich branch was also aware that Lack had new clients sign opening forms for BKB while in the United States. In some instances, the forms falsely reported that they were signed in Zurich. During his trips to the United States, Lack also provided clients with cash services. He accepted cash from clients wanting to make deposits to their Swiss accounts, and used those funds to provide cash to other clients wanting to make withdrawals. When he returned to Switzerland, Lack provided BKB with receipts for the transactions so that the clients’ accounts could be reconciled. BKB recorded the cash transactions as having occurred in Switzerland as normal withdrawals and deposits. The Zurich branch’s management was aware of these practices. The bank also provided Lack with office space in Zurich for several months after Lack was released by an external asset management firm for whom he initially worked.
In March 2008, BKB became aware that UBS was considering closing its cross-border business servicing U.S. persons. Soon after, in May 2008, it became public that UBS’s cross-border business was under criminal investigation by U.S. authorities. BKB’s Zurich branch saw this as a business opportunity and sought to attract clients leaving UBS. A bank document prepared as part of the Zurich branch’s 2009 budgeting process and shared with the Executive Board describes this outlook: As “competitor banks partially withdraw from U.S. business,” BKB should “seize [U.S. customer] market opportunities immediately” as this opportunity was “not leveraged enough.” The Bank was aware that many of the clients it sought to attract wanted to continue to conceal their accounts. For example, in one email, BKB employees discussed how a prospective client “received a letter from UBS stating that they either have to tax their assets held with UBS . . . or that, otherwise, they would have to look for a new bank.” The email made clear that the funds to be transferred to the Bank “were never taxed in the U.S.A.”
To attract new clients, the Bank signed up several new external asset managers and offered them finder’s fees. For example, in 2008 the bank reached an agreement with a Swiss financial advisor (who was later indicted in the United States for conspiring with U.S. taxpayers to defraud the United States) who brought ten clients, with over $73 million in assets to the bank from UBS and Credit Suisse AG. Another adviser brought several U.S. clients to the bank, including a family from New York that transferred over $100 million in undeclared assets from a bank in Liechtenstein.
During this process, BKB and the external asset managers working with the bank promoted BKB as a safe haven because it lacked a U.S. presence and supposedly would not be subject to a U.S. criminal investigation. Between July 2008 and March 2009, BKB opened 398 new accounts for U.S. customers, with a resulting inflow of approximately $441.6 million in new assets.
Throughout the conspiracy, BKB took a number of steps and provided a number of services to its undeclared clients. These services included promoting Swiss bank secrecy as a means of concealing assets and income from taxation in the United States, providing hold-mail services and “assumed name” and “numbered” accounts, and allowing accounts to be established through nominee entities set up in tax-haven jurisdictions such as the British Virgin Islands, Liechtenstein, and Panama.
In response to prosecutions brought by the Justice Department, BKB took a number of steps to gradually wind down its undeclared business. Only in late 2011, however, following the indictment of Lack in the United States, did the bank make a decision to exit the business of servicing U.S.-domiciled clients. Afterward, however, the bank began a thorough process of remediation and cooperation (within the bounds of Swiss law).
U.S. Attorney Greenberg, Principal Deputy Assistant Attorney General Zuckerman and Chief Fort commended special agents of IRS-Criminal Investigation, who investigated this case, as well as Senior Litigation Counsel Mark F. Daly and Trial Attorney Jason H. Poole of the Tax Division, who prosecuted this case. Zuckerman also thanked Assistant U.S. Attorneys Thomas P. Lanigan, Michelle B. Alvarez, and Eloisa D. Fernandez of the Southern District of Florida for their substantial assistance.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov/ or on http://pacer.flsd.uscourts.gov/.
Justice Department Announces Deferred Prosecution Agreement with Basler KantonalbankRead the Press Release
Basler Kantonalbank (BKB), a bank headquartered in Basel, Switzerland, entered into a deferred prosecution agreement (DPA) that was approved today by the U.S. District Court for the Southern District of Florida, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Department of Justice’s Tax Division, United States Attorney Benjamin G. Greenberg, and Chief Don Fort for Internal Revenue Service-Criminal Investigation. As part of the agreement, Basler Kantonalbank will pay $60.4 million in total penalties.
“The era of hiding money overseas to evade U.S. tax obligations is over,” said Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division. “Financial institutions, professionals, and accountholders are on notice that the Department continues to aggressively pursue these offenses and will hold both individuals and entities accountable.”
“U. S. citizens who seek to avoid their tax obligations by hiding income in undeclared bank accounts abroad, and the financial institutions that assist them in doing so, will be held accountable for their actions, both civilly and criminally,” said U. S. Attorney for the Southern District of Florida Benjamin G. Greenberg. “In this case, BKB will not only pay a criminal fine and restitution, but also a civil forfeiture of $29.7 million in proceeds illegally derived from their conduct. The U.S. Attorney’s Office is committed to helping the IRS investigate and prosecute not only those who evade their taxes, but the financial institutions that assist them in doing so.”
“The deferred prosecution agreement signed today with BKB reinforces that while the deadline for the offshore voluntary disclosure program may be fast approaching, holding banks and individuals accountable will not stop,” said Chief Don Fort for IRS-Criminal Investigation. “Those who think they have successfully avoided detection and prosecution for hiding or failing to report offshore holdings to date should know that our commitment in this area is only increasing through our international partnerships and the strategic use of sophisticated data analytic tools.”
In the DPA and related court documents, BKB admits that between 2002 and 2012 it conspired with its employees, external asset managers, and clients to: 1) defraud the United States with respect to taxes; 2) commit tax evasion; and 3) file false federal tax returns. At its peak in 2010, the bank held approximately 1,144 accounts for U.S. customers, with an aggregate value of approximately $813.2 million (many, but not all of which, were undeclared accounts that were part of the conspiracy). According to the terms of the DPA approved today, BKB will cooperate fully, subject to applicable laws and regulations, with the United States, the Internal Revenue Service (IRS), and other U.S. authorities. The DPA also requires BKB to affirmatively disclose certain material information it may later uncover regarding U.S.-related accounts, as well as to disclose certain information consistent with the Department’s Swiss Bank Program with respect to accounts closed between January 1, 2009, and December 31, 2017. Under the DPA, prosecution against the bank for conspiracy will be deferred for an initial period of three years to allow BKB to demonstrate good conduct.
The $60.4 million penalty against BKB has three parts. First, BKB agreed to pay $17,200,000 in restitution to the IRS, which represents the unpaid taxes resulting from BKB’s participation in the conspiracy. Second, BKB agreed to forfeit $29,700,000 to the United States, which represents gross fees (not profits) that the bank earned on its undeclared accounts between 2002 and 2012. Finally, BKB agreed to pay a fine of $13,500,000. This penalty amount reflects BKB’s thorough internal investigation and cooperation with the United States, as well as the bank’s extensive efforts at remediation, and its waiver of any claim of foreign sovereign immunity. Among other remedial efforts, BKB implemented measures to require all U.S.-related accounts be tax compliant, closed a branch office responsible for much of the tax fraud and fired the employees involved in the offense, and conducted extensive outreach to former clients to encourage them to participate in IRS-sponsored voluntary disclosure programs.
According to court documents filed as part of the DPA, BKB is a bank incorporated by the Parliament of the Basel City Canton. From 1997 to 2014, BKB had a private-banking branch that operated from Zurich. The bank assisted certain U.S. clients in concealing their offshore assets and income from U.S. taxing authorities. By 2010, when BKB’s U.S.-related business was at its peak, the bank held approximately 1,144 accounts for U.S. customers, with an aggregate value of approximately $813.2 million. Many, but not all, of these accounts were undeclared and part of the conspiracy to defraud the United States.
BKB employees met directly with clients, but the bank primarily dealt with its undeclared U.S. customers through external asset managers. Among these external asset managers was Martin Lack. (Lack was later charged and pleaded guilty to a tax-fraud conspiracy charge.) In or around 2003, Lack left Swiss bank UBS AG, where he had been a Team Head on the North America desk, and brought over 20 undeclared U.S. clients to BKB. Lack met directly with the management of the Zurich branch, including the executive who headed the branch and served on BKB’s Extended Executive Board, and discussed bringing his clients to the bank. With the knowledge and encouragement of the leadership of BKB’s Zurich branch, Lack traveled to the United States to meet with clients with undeclared accounts. The head of the Zurich branch was also aware that Lack had new clients sign opening forms for BKB while in the United States. In some instances, the forms falsely reported that they were signed in Zurich. During his trips to the United States, Lack also provided clients with cash services. He accepted cash from clients wanting to make deposits to their Swiss accounts, and used those funds to provide cash to other clients wanting to make withdrawals. When he returned to Switzerland, Lack provided BKB with receipts for the transactions so that the clients’ accounts could be reconciled. BKB recorded the cash transactions as having occurred in Switzerland as normal withdrawals and deposits. The Zurich branch’s management was aware of these practices. The bank also provided Lack with office space in Zurich for several months after Lack was released by an external asset management firm for whom he initially worked.
In March 2008, BKB became aware that UBS was considering closing its cross-border business servicing U.S. persons. Soon after, in May 2008, it became public that UBS’s cross-border business was under criminal investigation by U.S. authorities. BKB’s Zurich branch saw this as a business opportunity and sought to attract clients leaving UBS. A bank document prepared as part of the Zurich branch’s 2009 budgeting process and shared with the Executive Board describes this outlook: As “competitor banks partially withdraw from U.S. business,” BKB should “seize [U.S. customer] market opportunities immediately” as this opportunity was “not leveraged enough.” The Bank was aware that many of the clients it sought to attract wanted to continue to conceal their accounts. For example, in one email, BKB employees discussed how a prospective client “received a letter from UBS stating that they either have to tax their assets held with UBS . . . or that, otherwise, they would have to look for a new bank.” The email made clear that the funds to be transferred to the Bank “were never taxed in the U.S.A.”
To attract new clients, the Bank signed up several new external asset managers and offered them finder’s fees. For example, in 2008 the bank reached an agreement with a Swiss financial advisor (who was later indicted in the United States for conspiring with U.S. taxpayers to defraud the United States) who brought ten clients, with over $73 million in assets to the bank from UBS and Credit Suisse AG. Another adviser brought several U.S. clients to the bank, including a family from New York that transferred over $100 million in undeclared assets from a bank in Liechtenstein.
During this process, BKB and the external asset managers working with the bank promoted BKB as a safe haven because it lacked a U.S. presence and supposedly would not be subject to a U.S. criminal investigation. Between July 2008 and March 2009, BKB opened 398 new accounts for U.S. customers, with a resulting inflow of approximately $441.6 million in new assets.
Throughout the conspiracy, BKB took a number of steps and provided a number of services to its undeclared clients. These services included promoting Swiss bank secrecy as a means of concealing assets and income from taxation in the United States, providing hold-mail services and “assumed name” and “numbered” accounts, and allowing accounts to be established through nominee entities set up in tax-haven jurisdictions such as the British Virgin Islands, Liechtenstein, and Panama.
In response to prosecutions brought by the Justice Department, BKB took a number of steps to gradually wind down its undeclared business. Only in late 2011, however, following the indictment of Lack in the United States, did the bank make a decision to exit the business of servicing U.S.-domiciled clients. Afterward, however, the bank began a thorough process of remediation and cooperation (within the bounds of Swiss law).
Principal Deputy Assistant Attorney General Zuckerman, U.S. Attorney Greenberg and Chief Fort commended special agents of IRS-Criminal Investigation, who investigated this case, as well as Senior Litigation Counsel Mark F. Daly and Trial Attorney Jason H. Poole of the Tax Division, who prosecuted this case. Zuckerman also thanked Assistant U.S. Attorneys Thomas P. Lanigan, Michelle B. Alvarez, and Eloisa D. Fernandez of the Southern District of Florida for their substantial assistance.
Importer pays civil penalty to settle alleged Controlled Substances Act violationsRead the Press Release
ATLANTA – ACETO Corporation, an international company with a North American headquarters based in New York, has agreed to pay a civil settlement of $120,000 to resolve allegations that it violated the recordkeeping requirements of the Controlled Substances Act (CSA). ACETO imports controlled substances to a warehouse in Atlanta and has agreed to additional oversight from the Drug Enforcement Agency.
“Importers have a responsibility to ensure that all controlled substances can be tracked through the distribution chain,” said U.S. Attorney Byung J. “BJay” Pak. “Our office is committed to preventing the diversion of controlled substances by enforcing the recordkeeping requirements of the Controlled Substances Act.”
Robert J. Murphy, the Special Agent in Charge of the Atlanta Field Division of the DEA said, “The mission of DEA’s Office of Diversion Control is to prevent, detect and investigate the diversion of controlled pharmaceutical and listed chemicals from legitimate sources. In this case, DEA Diversion investigators did an outstanding job of uncovering this importer’s negligence to conduct proper inventories, which led to a civil fine. DEA will continue to work hand in hand with its law enforcement partners and the U.S. Attorney’s Office to make sure that Importers are abiding by its regulations.”
The government alleges that ACETO failed to maintain complete and accurate records of all controlled substances, failed to maintain controlled substances records at its registered location, and failed to complete the required biennial inventory of controlled substances. The claims settled are allegations only, and there has been no determination of liability.
The CSA was enacted by Congress to deter the illegal importation, manufacture, distribution, possession, and improper use of controlled substances, including prescription medications, and requires individuals and entities registered with the DEA to maintain complete and accurate records of all controlled substances and security systems so that no controlled substances are lost, stolen, or inappropriately dispensed. Violations of the recordkeeping requirements subject DEA registrants to civil monetary penalties of up to $14,502 for each violation.
This case was investigated by the Drug Enforcement Administration.
The civil settlement was reached by Assistant U.S. Attorney Lena Amanti.
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.
ACETO Settlement Agreement
ACETO Settlement Agreement.pdf
Illegal Alien Remanded to Immigration Authorities for Deportation Following Plea and Sentence in Federal CourtRead the Press Release
PITTSBURGH, PA - An illegal alien found in Pittsburgh, Pennsylvania, pleaded guilty to one count of illegal reentry after deportation, and has been sentenced in federal court to time served, United States Attorney Scott W. Brady announced today.
United States District Judge Cathy Bissoon imposed the sentence on Mario Rodriguez-Benhumea, age 30, of Mexico, who has been in United States custody since May 14, 2018. Judge Bissoon further ordered that, following service of the sentence of imprisonment, Rodriguez-Benhumea be remanded to the custody of federal immigration authorities for commencement of deportation proceedings.
According to information presented to the court, on May 14, 2018, Immigration and Customs Enforcement (ICE)/Homeland Security Investigations (HSI) and the Department of Labor Office of the Inspector General conducted a knock and talk operation at a Pittsburgh residence allegedly being used to harbor and employ undocumented aliens. Rodriguez-Benhumea was arrested following the operation and charged with being an alien who had been previously deported from the United States on December 21, 2010, May 11, 2013, and May 17, 2013. Law enforcement also determined that Rodriguez-Benhumea did not receive permission to reenter the United States.
Assistant United States Attorney Christy C. Wiegand prosecuted this case on behalf of the government.
United States Attorney Brady commended the ICE/HSI for the investigation leading to the successful prosecution of Rodriguez-Benhumea.
Houston Physician Admits to Failing to Timely File Tax Returns for more than 20 YearsRead the Press Release
HOUSTON – A physician who has practiced in Houston for more than 30 years has entered a guilty plea to tax evasion, announced U.S. Attorney Ryan K. Patrick.
Edward J. Crouse acknowledged in the plea agreement that he has not timely filed an individual income tax return since 1997. According to the plea agreement, Crouse earned more than $4.4 million from 2009 - 2012.
Crouse consistently committed numerous affirmative acts of tax evasion over the years to conceal his true income from the IRS, including concealing the complete business records of his medical practice for calendar years 2006 through 2012 from his bookkeeping and tax return preparation firm. Crouse also admitted he signed an IRS collection form on or about May 1, 2010, in which he understated the amount of his income from his medical practice available for payment of taxes and household expenditures.
Crouse has agreed that the total intended tax loss in his case was approximately $678,103, which accounts for unpaid individual income taxes as well as the amounts of federal taxes and FICA that Crouse withheld from the wages of his medical practice employees but did not pay over to the IRS.
He has agreed to pay restitution to the IRS of $678,103.
Sentencing has been set for Dec. 13, 2018, before Chief U.S. District Judge Lee Rosenthal. At that time, Crouse faces up to five imprisonment and a possible $250,000 maximum fine.
He was permitted to remain on bond pending that hearing.
IRS-Criminal Investigation is conducting the investigation. Assistant U.S. Attorney Charles J. Escher is prosecuting the case.
Harrison County man admits to drug distribution and firearm chargesRead the Press Release
WHEELING, WEST VIRGINIA – James Bailey, of Clarksburg, West Virginia, has admitted to drug distribution and firearm charges, United States Attorney Bill Powell announced.
Bailey, age 34, pled guilty to one count of “Distribution of Methamphetamine,” one count of “Use of a Firearm During and in Relation to a Drug Offense.” Bailey admitted to selling methamphetamine and being in possession of a firearm during the drug offense in Harrison County in January 2018.
Bailey faces up to 20 years incarceration and a fine of up to $1,000,000 for the first count and faces up to five years incarceration and a fine of up to $250,000 for the second count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Greater Harrison County Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Garfield Couple Charged with Distributing Heroin, Fentanyl and Fentanyl AnalogueRead the Press Release
PITTSBURGH, PA – A superseding indictment against Quinshawn Haynie and Dara Haynie has been returned by a federal grand jury in Pittsburgh for conspiring to distribute and distributing heroin, butyryl fentanyl, and fentanyl in, on, or within 1,000 feet of a playground and a public housing facility, United States Attorney Scott W. Brady announced today.
The superseding indictment charges Quinshawn Haynie, age 29, and Dara Haynie, age 27, both of Pittsburgh, PA, with committing the crimes from February 1, 2017, through March 31, 2017.
The law provides for a maximum total sentence of 60 years in prison and a fine of up to $3,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal histories, if any, of the defendants.
Assistant United States Attorney Craig W. Haller is prosecuting this case on behalf of the United States.
The Pittsburgh Bureau of Police, the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Pennsylvania Board of Probation and Parole conducted the investigation leading to the superseding indictment in this case.
A superseding indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Former Pennsylvania Treasurer Robert M. McCord Sentenced to 30 Months’ Imprisonment for Attempted ExtortionRead the Press Release
HARRISBURG - The United States Attorney's Office for the Middle District of Pennsylvania announced that former Pennsylvania State Treasurer Robert M. McCord, age 59, currently residing in Long Branch, New Jersey, was sentenced to 30 months’ imprisonment by U.S. District Court Judge John E. Jones, III, for two counts of attempted extortion.
Judge Jones also ordered McCord to pay a $5,000 fine and to report to the Bureau of Prisons on October 29, 2018.
According to United States Attorney David J. Freed, McCord served as the Pennsylvania State Treasurer from 2008 until he resigned in February 2015. During late April and early May 2014, McCord attempted to extort campaign contributions from a law firm and a property management company while he was running for Governor by threatening economic harm to the potential donors if they failed to make sufficient campaign contributions. In particular, McCord threatened to use his position as State Treasurer to interfere with the business that the law firm and property management firm were conducting with the state if they did not make the contributions.
“As Treasurer of the Commonwealth of Pennsylvania, and a candidate for Governor, McCord attempted to obtain political contributions by threatening retaliation against those who refused,” said U.S. Attorney Freed. “McCord’s official actions to benefit his friends and punish his foes compromised the integrity of the Treasury and directly damaged the citizens of Pennsylvania. Although public corruption investigations are lengthy, difficult and complex, they have been and will remain a priority of our office. Our oaths demand it and the public deserves it. I commend the outstanding work of the FBI, IRS-Criminal Investigations and the Pennsylvania State Police and thank them for their continued commitment to rooting out corruption in Pennsylvania.”
“Rob McCord crossed the line from fundraising to felonies, when he attempted to extort potential donors to fund his gubernatorial campaign,” said Michael T. Harpster, Special Agent in Charge of the FBI’s Philadelphia Division. “Trying to further his own ambitions, he abused his position of public trust. The FBI will continue to investigate public corruption and hold those responsible accountable, to send a message to public officials that crime truly doesn’t pay.”
“McCord broke the law and the trust placed in him by the public when he attempted to extort campaign contributions,” said IRS Criminal Investigation Special Agent in Charge Guy Ficco. “McCord’s sentence demonstrates our collective efforts to enforce the law and ensure public trust.”
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Internal Revenue Service, Criminal Investigation. Assistant United States Attorneys Michael A. Consiglio, William S. Houser, and Gordon A. D. Zubrod prosecuted the case.
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Former New England La Cosa Nostra Member Sentenced for Obstructing Murder InvestigationRead the Press Release
BOSTON – A former New England La Cosa Nostra (NELCN) caporegime was sentenced today in federal court in Boston for obstructing a federal investigation into the murder of a Boston nightclub owner in the 1990s.
Robert P. DeLuca, 72, was sentenced by U.S. District Court Judge Denise J. Casper to 66 months in prison and three years of supervised release. In November 2016, DeLuca pleaded guilty to one count of obstruction of justice and two counts of making false statements.
DeLuca was charged with lying to federal prosecutors and agents regarding the investigation into the 1993 disappearance of Stephen DiSarro, who operated The Channel, a South Boston nightclub. DiSarro remained missing until March 2016, when authorities discovered his remains behind a mill in Providence, R.I.
In 2011, DeLuca had agreed to cooperate with federal authorities after his arrest on racketeering charges. In connection with his cooperation, DeLuca had lied about his knowledge of DiSarro’s disappearance and other LCN-connected murders. As a result, DiSarro’s remains were not recovered until federal authorities received information from another source in March 2016 regarding DiSarro’s burial site.
In June 2018, Francis P. Salemme, 84, and Paul M. Weadick, 63, were convicted of murdering DiSarro, who, at the time of his death, was a witness to violations of federal law by Salemme and Weadick. DiSarro had been approached by a federal agent and asked to cooperate with federal authorities. At the time, there were several ongoing federal investigations into Salemme and into Salemme’s connection to The Channel. Salemme had expressed his concerns to others that DiSarro might cooperate against him. U.S. District Court Judge Allison D. Burroughs scheduled Salemme’s and Weadick’s sentencings for Sept. 13, 2018.
United States Attorney Andrew E. Lelling; Interim United States Attorney Stephen G. Dambruch for the District of Rhode Island; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Rhode Island State Police Superintendent Ann C. Assumpico made the announcement today. Assistance was also provided by the Norfolk County District Attorney’s Office and the Providence, R.I. Police Department. Assistant U.S. Attorneys Fred M. Wyshak Jr., Chief of Lelling’s Public Corruption Unit, and William J. Ferland, Chief of Dambruch’s Criminal Division, prosecuted the case.
Former New England La Cosa Nostra Member Sentenced for Obstructing Murder InvestigationRead the Press Release
BOSTON – A former New England La Cosa Nostra (NELCN) caporegime was sentenced today in federal court in Boston for obstructing a federal investigation into the murder of a Boston nightclub owner in the 1990s.
Robert P. DeLuca, 72, was sentenced by U.S. District Court Judge Denise J. Casper to 66 months in prison and three years of supervised release. In November 2016, DeLuca pleaded guilty to one count of obstruction of justice and two counts of making false statements.
DeLuca was charged with lying to federal prosecutors and agents regarding the investigation into the 1993 disappearance of Stephen DiSarro, who operated The Channel, a South Boston nightclub. DiSarro remained missing until March 2016, when authorities discovered his remains behind a mill in Providence, R.I.
In 2011, DeLuca had agreed to cooperate with federal authorities after his arrest on racketeering charges. In connection with his cooperation, DeLuca had lied about his knowledge of DiSarro’s disappearance and other LCN-connected murders. As a result, DiSarro’s remains were not recovered until federal authorities received information from another source in March 2016 regarding DiSarro’s burial site.
In June 2018, Francis P. Salemme, 84, and Paul M. Weadick, 63, were convicted of murdering DiSarro, who, at the time of his death, was a witness to violations of federal law by Salemme and Weadick. DiSarro had been approached by a federal agent and asked to cooperate with federal authorities. At the time, there were several ongoing federal investigations into Salemme and into Salemme’s connection to The Channel. Salemme had expressed his concerns to others that DiSarro might cooperate against him. U.S. District Court Judge Allison D. Burroughs scheduled Salemme’s and Weadick’s sentencings for Sept. 13, 2018.
United States Attorney Andrew E. Lelling; United States Attorney Stephen G. Dambruch for the District of Rhode Island; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Rhode Island State Police Superintendent Ann C. Assumpico made the announcement today. Assistance was also provided by the Norfolk County District Attorney’s Office and the Providence, R.I. Police Department. Assistant U.S. Attorneys Fred M. Wyshak Jr., Chief of Lelling’s Public Corruption Unit, and William J. Ferland, Chief of Dambruch’s Criminal Division, prosecuted the case.
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Former Federal Correctional Officer Pleads Guilty to Making False Statements to InvestigatorsRead the Press Release
Ocala, Florida – Heather Lee Kussoff (31, Cape Coral) today pleaded guilty to making a false statement to a federal law enforcement agency. She faces a maximum penalty of five years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, Kussoff worked as a correctional officer at the Coleman Federal Correctional Center. In 2014, she developed an improper personal and romantic relationship with an inmate at that facility. In direct violation of her job responsibilities and training, Kussoff romantically corresponded with the inmate, shared extensive details of her personal life, and communicated directly with members of the inmate’s family. When confronted by federal authorities on March 18, 2015, Kussoff lied under oath about the existence of the romantic relationship and then abruptly resigned from the Bureau of Prisons.
This case was investigated by the Department of Justice – Office of the Inspector General, the Federal Bureau of Investigation, and the Federal Bureau of Prisons. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Former Chief Financial Officer Pleads Guilty to Embezzling Money from Two Area BusinessesRead the Press Release
DAYTON – Sandy Green, of Fairborn, pleaded guilty in U.S. District Court to wire fraud as part of a scheme to defraud her previous employers.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Yvonne A. DiCristoforo, Special Agent in Charge, U.S. Secret Service, announced the plea entered into before U.S. District Judge Walter H. Rice.
According to court documents, Green was a bookkeeper at a Dayton business from May to November 2017. Green made fraudulent credit card returns without a corresponding legitimate purchase, causing company money to be paid into personal bank accounts belonging to Green and her family members.
Additionally, from April 2017 until March 2018, Green was the Chief Financial Officer for a second victim business in the Dayton area. Green again defrauded the company, this time transferring money from the business’s credit union into bank accounts controlled by Green and her family members. She attempted to disguise receiving the money by falsely listing other individuals and entities as the payee.
In total, Green embezzled more than $150,000 from the two companies.
Green pleaded guilty to two counts of wire fraud, which are each punishable by up to 20 years in prison.
U.S. Attorney Glassman commended the investigation of this case by the Secret Service and Assistant United States Attorneys Andrew J. Hunt and SaMee Harden, who are representing the United States in this case.
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Former Center Point Bank Vice President Pleads Guilty to Aiding and Abetting the Obstruction of an FDIC ExaminationRead the Press Release
A former vice president at Center Point Bank & Trust who aided and abetted the obstruction of an FDIC examination pled guilty on August 27, 2018.
Martin Smith, age 38, from Center Point, Iowa, was convicted of Aiding and Abetting the Obstruction of the Examination of a Financial Institution. At the plea hearing, Smith admitted that he backdated a refinancing loan to obstruct an FDIC investigation.
Sentencing before United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared. Smith remains free on bond previously set pending sentencing. Smith faces a possible maximum sentence of 5 years’ imprisonment, a $250,000 fine, and 3 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Jacob A. Schunk and was investigated by the FDIC Office of Inspector General and the United States Secret Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 1:18-cr-00076-LTS.
Follow us on Twitter @USAO_NDIA.
Federal, State and Local Leaders and Experts Announce Results of Forest Watch, a Public Lands Marijuana Grow Eradication and Reclamation ProjectRead the Press Release
Today, federal, state, and local leaders joined with experts to announce the results of Operation Forest Watch, a coordinated effort to address the devastating damage done to our national forests by illegal, public-land marijuana grows. This months-long effort, led by U.S. Forest Service and joined by various federal, state, county and local law enforcement agencies, as well as the California National Guard, focused on the eradication of marijuana grows on public lands and sought to remediate the environmental damage caused by such activity.
Making the announcement today were Acting Associate U.S. Attorney General Jesse Panuccio, Acting Assistant Attorney General Jeffrey H. Wood of the U.S. Justice Department’s Environment and Natural Resources Division, U.S. Attorney McGregor W. Scott for the Eastern District of California, California Attorney General Xavier Becerra, U.S.D.A. Forest Service Chief Forester Vicki Christiansen, U.S.D.A. Director of Law Enforcement and Investigations Tracy Perry, U.S.D.A. Pacific Southwest Regional Forester Randy Moore, Integral Ecology Research Center Director Mourad Gabriel, Bureau of Land Management California State Director Jerry Perez, Major General Matthew P. Beevers Deputy Adjutant General of the California Military Department, California National Guard Counterdrug Task Force Commander and Coordinator Colonel Robert Paoletti, and Bill Ruzzamenti of the Central Valley California High Intensity Drug Trafficking Areas.
“Marijuana cultivation on our nation’s public lands is unlawful and is causing significant harm to communities across the West,” said Acting Associate Attorney General Jesse Panuccio. “The clear evidence shows that this dangerous activity is polluting our streams and rivers with toxic pesticides, harming protected fish and wildlife, and endangering the health and safety of the American people who otherwise look to our national forests and national parks for recreation and conservation. The Justice Department, including our Environment and Natural Resources Division, is providing full support to fighting this illegality, in close cooperation with other federal, state, and local partners. By joining together to oppose the illegal growth of marijuana on public lands, we are working to enforce the rule of law in our conservation areas and to protect the environment and natural resources upon which we all depend.”
“Large-scale, clandestine illegal marijuana grows pose a serious threat to our national forests and public lands,” said U.S. Attorney Scott. “Those who plant and tend the marijuana grows leave a path of destruction: clearcutting vast amounts of timber, diverting thousands of gallons of water, and using deadly and illegal pesticides that seep into the ground and harm wildlife. These types of grows are illegal under any law, and the destruction of our shared national treasures in its cultivation will not be tolerated. We at the U.S. Attorney’s Office are committed to working with all of our law enforcement and community partners to fight this ongoing threat to our public lands.”
“This joint law enforcement operation underscores that we will not tolerate illegal cannabis operations harming our communities and damaging our public lands,” said California Attorney General Becerra.
“The USDA Forest Service aggressively strives to address marijuana cultivation on National Forests, an illegal occupancy and use of National Forest System lands,” said Regional Forester Randy Moore. “Marijuana growers endanger our visitors, employees and nearby communities. The Forest Service is committed in this joint effort to eradicate, reclaim and rehabilitate our public lands to preserve our natural resources for current and future generations to enjoy.”
“The environmental deprivation caused by criminal organizations to our public lands should be intolerable for everyone,” said Bill Ruzzamenti of the Central Valley California High Intensity Drug Trafficking Areas (HIDTA). “Bringing law enforcement from across the spectrum of local, state and federal agencies together in Operation Forest Watch is a testament to our combined resolve to protect our pristine public lands for the future.”
“The California National Guard has been a key partner with many local, state and federal agencies over the last quarter-century, combatting illegal marijuana grows on public lands with federal funds,” said Major General Beevers. “This combined effort and support helps protect the environment while adding safety to our communities."
“This year’s unprecedented use of illegal pesticides on federal lands is deeply alarming to the scientific community on both the environmental and human health fronts,” said Director Gabriel.
Sheriffs from the California counties involved in Operation Forest Watch also joined the announcements: Fresno County Sheriff Margaret Mims, Kern County Sheriff Donny Youngblood, Madera County Sheriff Jay Varney, Shasta County Sheriff Tom Bosenko, Siskiyou County Sheriff Jon E. Lopey, Tehama County Sheriff Dave Hencratt, Trinity County Sheriff Bruce Haney, and Tulare County Sheriff Mike Boudreaux.
Operation Forest Watch officially began on October 1, 2017, and will end September 30, 2018. So far, over 80 investigations have been conducted on suspected and active marijuana cultivation on federal public lands. U.S. Forest Service law enforcement officers and federal, state and local counterparts have conducted interdiction, eradication and reclamation efforts to restore public lands back to normal. Over 118,000 pounds of infrastructure and trash and over 20,000 pounds of fertilizer, pesticides and chemicals were removed in eradication and reclamation efforts.
Grow sites were found with both aerial and ground reconnaissance. Numerous warrants were served, resulting in the arrest of over 77 people and the seizure of 82 firearms, approximately 638,370 plants, and 25,334 pounds of processed marijuana and various other drugs. Night interdiction teams in the past week have also been successful in conducting traffic stops and seizing over 10,000 plants, $225,000 in cash, multiple firearms and other illegal drugs.
Much work lies ahead in order to undo the damage caused by these grows. Only 160 grow sites have been reclaimed this year, and from those sites alone over 103,603 pounds of trash were removed along with toxic and illegal pesticides and other chemicals used by the growers. There are 766 sites still left to be reclaimed from various grow sites, some of which date back to 2010.
Eighty-nine percent of sites have been confirmed or strongly suspected to have carbofuran or methamidophos present, up from last year the running total of 75 percent.
Incorporated in the Forest Service results are the results to-date for the California Department of Justice’s Campaign Against Marijuana Planting (CAMP), which is the largest marijuana eradication program in the nation. This year CAMP has eliminated 488,502 plants in over 164 illegal growth sites across the state. Agents have made 35 arrests and seized 87 weapons.
Federal, State and Local Leaders and Experts Announce Results of Forest Watch, A Public Lands Marijuana Grow Eradication and Reclamation ProjectRead the Press Release
SACRAMENTO, Calif. — Today, federal, state, and local leaders joined with experts to announce the results of Operation Forest Watch, a coordinated effort to address the devastating damage done to our national forests by illegal, public-land marijuana grows. This months-long effort, led by U.S. Forest Service and joined by various federal, state, county and local law enforcement agencies, as well as the California National Guard, focused on the eradication of marijuana grows on public lands and sought to remediate the environmental damage caused by such activity.
Making the announcement today were U.S. Attorney McGregor W. Scott, California Attorney General Xavier Becerra, Acting Associate U.S. Attorney General Jesse Panuccio, Acting Assistant Attorney General Jeffrey H. Wood of the U.S. Justice Department’s Environment and Natural Resources Division, U.S.D.A. Forest Service Chief Forester Vicki Christiansen, U.S.D.A. Director of Law Enforcement and Investigations Tracy Perry, U.S.D.A. Pacific Southwest Regional Forester Randy Moore, Integral Ecology Research Center Director Mourad Gabriel, Bureau of Land Management California State Director Jerry Perez, Major General Matthew P. Beevers Deputy Adjutant General of the California Military Department, California National Guard Counterdrug Task Force Commander and Coordinator Colonel Robert Paoletti, and Bill Ruzzamenti of the Central Valley California High Intensity Drug Trafficking Areas.
“Marijuana cultivation on our nation’s public lands is unlawful and is causing significant harm to communities across the West,” said Acting Associate Attorney General Jesse Panuccio. “The clear evidence shows that this dangerous activity is polluting our streams and rivers with toxic pesticides, harming protected fish and wildlife, and endangering the health and safety of the American people who otherwise look to our national forests and national parks for recreation and conservation. The Justice Department, including our Environment and Natural Resources Division, is providing full support to fighting this illegality, in close cooperation with other federal, state, and local partners. By joining together to oppose the illegal growth of marijuana on public lands, we are working to enforce the rule of law in our conservation areas and to protect the environment and natural resources upon which we all depend.”
U.S. Attorney Scott stated, “Large-scale, clandestine illegal marijuana grows pose a serious threat to our national forests and public lands. Those who plant and tend the marijuana grows leave a path of destruction: clearcutting vast amounts of timber, diverting thousands of gallons of water, and using deadly and illegal pesticides that seep into the ground and harm wildlife. These types of grows are illegal under any law, and the destruction of our shared national treasures in its cultivation will not be tolerated. We at the U.S. Attorney’s Office are committed to working with all of our law enforcement and community partners to fight this ongoing threat to our public lands.”
“This joint law enforcement operation underscores that we will not tolerate illegal cannabis operations harming our communities and damaging our public lands,” said California Attorney General Becerra.
“The USDA Forest Service aggressively strives to address marijuana cultivation on National Forests, an illegal occupancy and use of National Forest System lands,” states Regional Forester Randy Moore. “Marijuana growers endanger our visitors, employees and nearby communities. The Forest Service is committed in this joint effort to eradicate, reclaim and rehabilitate our public lands to preserve our natural resources for current and future generations to enjoy.”
Maj. Gen. Beevers stated: “The California National Guard has been a key partner with many local, state and federal agencies over the last quarter-century, combatting illegal marijuana grows on public lands with federal funds. This combined effort and support helps protect the environment while adding safety to our communities.”
Sheriffs from the California counties involved in Operation Forest Watch also joined the announcements: Fresno County Sheriff Margaret Mims, Kern County Sheriff Donny Youngblood, Madera County Sheriff Jay Varney, Shasta County Sheriff Tom Bosenko, Siskiyou County Sheriff Jon E. Lopey, Tehama County Sheriff Dave Hencratt, Trinity County Sheriff Bruce Haney, and Tulare County Sheriff Mike Boudreaux.
Operation Forest Watch officially began on October 1, 2017, and will end September 30, 2018. So far, over 80 investigations have been conducted on suspected and active marijuana cultivation on federal public lands. US Forest Service law enforcement officers and federal, state and local counterparts have conducted interdiction, eradication and reclamation efforts to restore public lands back to normal. Over 118,000 pounds of infrastructure and trash and over 20,000 pounds of fertilizer, pesticides and chemicals were removed in eradication and reclamation efforts.
Grow sites were found with both aerial and ground reconnaissance. Numerous warrants were served, resulting in the arrest of over 77 people and the seizure of 82 firearms, approximately 638,370 plants, and 25,334 pounds of processed marijuana and various other drugs. Night interdiction teams in the past week have also been successful in conducting traffic stops and seizing over 10,000 plants, $225,000 in cash, multiple firearms and other illegal drugs.
Much work lies ahead in order to undo the damage caused by these grows. Only 160 grow sites have been reclaimed this year, and from those sites alone over 103,603 pounds of trash were removed along with toxic and illegal pesticides and other chemicals used by the growers. There are 766 sites still left to be reclaimed from various grow sites, some of which date back to 2010.
Eighty-nine percent of sites have been confirmed or strongly suspected to have carbofuran or methamidophos present, up from last year the running total of 75 percent.
Dr. Gabriel stated, “This year’s unprecedented use of illegal pesticides on federal lands is deeply alarming to the scientific community on both the environmental and human health fronts.
Bill Ruzzamenti of the Central Valley California High Intensity Drug Trafficking Areas (HIDTA) stated, “The environmental deprivation caused by criminal organizations to our public lands should be intolerable for everyone. Bringing law enforcement from across the spectrum of local, state and federal agencies together in Operation Forest Watch is a testament to our combined resolve to protect our pristine public lands for the future.”
Incorporated in the Forest Service results are the results to-date for the California Department of Justice’s Campaign Against Marijuana Planting (CAMP), which is the largest marijuana eradication program in the nation. This year CAMP has eliminated 488,502 plants in over 164 illegal growth sites across the state. Agents have made 35 arrests and seized 87 weapons.
Federal Inmate Pleads Guilty to StalkingRead the Press Release
Ocala, Florida – Tommie Raymond Thomas (50, Sumter County, Florida) today pleaded guilty to one count of stalking. He faces a maximum penalty of five years in federal prison. A sentencing hearing has not yet been set.
According to the plea agreement, while Thomas was an inmate at the Coleman Federal Correctional Complex, he anonymously sent a series of five threatening and disturbing letters to a female member of the prison staff. Those letters contained detailed threats involving kidnapping and sexually abusing the staffer and others. The letters included photographic collages with cutout pictures of children pasted onto images of adult pornography.
This case was investigated by the Federal Bureau of Investigation – Ocala Resident Agency. It is being prosecuted by Assistant United States Attorney William S. Hamilton.
FBI Arrests 18 on Federal Drug Trafficking and Firearms ChargesRead the Press Release
Cleveland, Miss. - The FBI has arrested 18 individuals on federal drug trafficking and weapons charges in the Mississippi Delta. The announcement was made at a press conference today in Cleveland by Special Agent in Charge of the FBI in Mississippi Christopher Freeze, United States Attorney for the Northern District of Mississippi Chad Lamar and Cleveland Police Chief Charles Bingham.
The arrests come following an extensive investigation into violent street gang activity following an increase in violent crime in the Mississippi Delta.
14 individuals were taken into custody today by law enforcement on federal drug trafficking and firearms charges:
- Eddie Mitchell, age 30, of Cleveland.
- Darren Scott, age 23, of Cleveland.
- Cordero Walker, age 31, of Cleveland.
- Derrick Williams, age 29, of Cleveland.
- Wendell Fitzgerald, age 29, of Cleveland.
- Frederick Belvin, age 29, of Cleveland.
- Stevie Hester, age 47, of Cleveland.
- Kibrya Cooper, age 33, of Cleveland.
- Demetrius Johnson, age 39, of Cleveland.
- Jayonto Daniels, age 44, of Cleveland.
- Jarrian Johnson, age 31, of Cleveland.
- Frederick Matthews, age 21, of Cleveland.
- Carl Quinn, age 23, of Cleveland.
- Ken Stallings, age 28, taken into custody in Kileen, Texas.
Two individuals were taken into custody by law enforcement on federal drug trafficking charges:
- Jafort Franklin, age 30, of Cleveland.
- Gideon Butler, age 43, of Cleveland.
Two individuals were taken into custody by law enforcement on firearms charges:
- Joe Crawford, age 65, of Boyle.
- Glen May, 28, of Cleveland.
The subjects are scheduled to make their initial appearance before a United States Magistrate Judge in the Northern District on Mississippi today.
The case was investigated by the FBI Jackson Division’s Oxford Resident Agency, under the umbrella of the FBI’s Safe Streets Task Force. Agencies assisting with the investigation and arrests were the Cleveland Police Department, United States Attorney’s Office for the Northern District of Mississippi, Mississippi Highway Patrol, Mississippi Bureau of Narcotics, United States Marshals Service and Bureau of Alcohol, Tobacco, Firearms and Explosives.
All charges are merely an accusation, and defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Eleven Individuals Indicted for Social Security FraudRead the Press Release
SAN JUAN, P.R. – On Aug. 23 and 24, 2018, a Federal Grand Jury in the District of Puerto Rico returned seven separate indictments charging 11 individuals with fraud against the Social Security Administration (SSA) disability insurance benefits in Puerto Rico, announced U.S. Attorney Rosa Emilia Rodríguez Vélez for the District of Puerto Rico. These cases were investigated by the Social Security Office of Inspector General (SS-OIG) with the collaboration of the Department of Homeland Security Office of Inspector General, U.S. Health and Human Services-Office of Inspector General, and the Puerto Rico Police Department.
The SSA is responsible for the implementation of the Disability Insurance Benefits Program. The SSA provides monetary benefits to workers with severe, long-term disabilities, who have worked in SSA covered employment for a required length of time. Spouses and dependent children of disabled workers may also be eligible to receive benefits.
Pursuant to SSA regulations, a claimant must prove to SSA that he or she is disabled by furnishing medical and other evidence with the application. The application and supporting evidence would then be evaluated by SSA to determine the individual’s medical impairments and determine the effect of the impairment on the claimant’s ability to work on a sustained basis.
Six indictments charged 10 individuals with theft of government property, concealment, or failure to disclose work activity to SSA, and false statements or representations to the SSA. These defendants knowingly and willfully embezzled, stole, and converted to their own use the Social Security Disability Insurance Benefit payments to which the defendants knew that they were not entitled. The seventh indictment charges Teresa González-Hernández with 40 counts of wire fraud against SSA.
The defendants who are alleged to have accepted by fraud the Social Security Disability Insurance Benefit payments, knowing that they were not entitled to the same, are: Evelyn Morales-Calderón and Victor Soriano-Morales (son of Evelyn Morales) received $190,110.00; Mario Zayas-Rodríguez and Elvin Santiago-Rodríguez (employer of Mario Zayas) received $118,098.20; José Alcazar-Román received $97,004.80; Alvin Alvelo-Crespo received $92,101.50; Abraham Burgos-Torres and Karla Burgos-Colón (daughter of Abraham Burgos) received $90,335.50; Nelson Concepción-Santana received $41,261.00; Wanda Rivera-Martínez received $41,204.40; and Teresa González-Hernández received $57,947.00.
Defendant Alvin Alvelo-Crespo was also charged with healthcare fraud. The defendant fraudulently caused Medicare to pay approximately $8,545.33 based on fraudulent claims. This defendant is also facing one count of Fraud in Connection with Major Disaster (Hurricane María) or Emergency Benefits. Alvelo-Crespo falsely represented to FEMA that his combined family pre-disaster gross income was $9,264.00 and that the residence located at Almirante Norte in Vega Baja, Puerto Rico was his primary residence when Hurricane María struck Puerto Rico. In fact, however, the defendant’s combined family pre-disaster gross income was higher than $9,264.00 and the residence located at Almirante Norte was not his primary residence at the moment Hurricane María struck Puerto Rico. The defendant received $500.00 for Critical Needs Assistance; $14,282.79 for Home Repair Assistance; $10,431.15 for Personal Property Assistance; and $1,486.00 for Rental Assistance, for a total of $26,699.94. All this assistance was authorized, transported, transmitted, transferred, disbursed or paid by, electronic fund transfers into his bank account.
Defendant Teresa González-Hernández was a social worker at Entity A, an entity located in San Juan, Puerto Rico that assists homeless individuals. Her victim with initials J.L.M, was a client or beneficiary of Entity A. On or about Sept. 4, 2008, González-Hernández abused her position of trust as a social worker for J.L.M. and opened a joint account with J.L.M. at Scotiabank of Puerto Rico. On Oct. 28, 2010, J.L.M. requested SSA that his disability benefits, which were later automatically converted to retirement benefits, be directly deposited into the joint account. After J.L.M. died on Nov. 19, 2010, González-Hernández failed to notify SSA about his death, and the DIB and Retirement benefits belonging to J.L.M. continued to be deposited into the joint account. González-Hernández embezzled the benefits that SSA issued to J.L.M., benefits which she knew she was not entitled to. As a result of the scheme, between Jan. 26, 2011, and continuing through Nov. 23, 2016, SSA made 71 electronic payment transactions to the joint account totaling $57,947.00.
“We will aggressively investigate and prosecute anyone who seeks to defraud or exploit the federal assistance programs established to help the most vulnerable of our communities,” said United States Attorney Rosa Emilia Rodríguez-Vélez. “The Department of Justice is committed to investigate and prosecute those who engage in fraudulent schemes. This round of arrests should discourage more people from getting involved in these types of schemes, because we will continue investigating these crimes.”
Social Security Administration, Office of the Inspector General, Special Agent in Charge John F. Grasso stated: “The Office of the Inspector General is the law enforcement arm of the Social Security Administration and protects agency programs from fraud, waste and abuse, including the Disability Insurance program. This program is intended to support individuals who are truly in need of this important and earned benefit. The program relies on the truthfulness of disability applicants, and those who provide information to SSA on their behalf. When people lie about their medical condition, work activity, or other relevant facts necessary for SSA to make a proper decision in relation to the payment of benefits, as alleged in these criminal complaints, they are in effect looting from the Social Security Trust Fund. I strongly encourage the public to continue to report suspected instances of Social Security fraud to our dedicated hotline at 1-855-278-5982 or oig.ssa.gov/report, because we cannot do it alone.”
Special Assistant U.S. Attorney Vanessa D. Bonano-Rodríguez is in charge of the prosecution of these cases. If convicted, the defendants charged with SSA fraud could face a maximum penalty of 10 years in prison; the defendant charged with Fraud in Connection with Major Disaster (Hurricane María) or Emergency Benefits faces a maximum penalty of up to 30 years in prison and the defendant charged with wire fraud faces a maximum penalty of up to 20 years in prison. All defendants are subject to a fine of up to $250,000.00. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent unless and until proven guilty.
The U.S. Department of Justice established the National Center for Disaster Fraud (NCDF) to investigate, prosecute, and deter fraud in the wake of Hurricane Katrina, when billions of dollars in federal disaster relief poured into the Gulf Coast region. Its mission has expanded to include suspected fraud from any natural or manmade disaster. More than 20 federal, state, and local agencies participate in the NCDF, which allows the center to act as a centralized clearinghouse of information related to disaster relief fraud.
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. 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 Disaster Fraud Hotline toll free at (866) 720-5721. The telephone line is staffed by a live operator 24 hours a day, 7 days a week. You can also fax information to the Center at (225) 334-4707, or email it to [email protected]. Learn more about the NCDF at www.justice.gov/disaster-fraud and watch a public service announcement here.
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District Man Pleads Guilty to Murder Charge Related to 2015 Stabbing in Southeast WashingtonRead the Press Release
WASHINGTON – Tyreke Chambers, 20, of Washington D.C., has pled guilty to a charge of second-degree murder while armed stemming from his involvement in an attempted robbery that ended with the victim being stabbed in the heart, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Chambers pled guilty on Aug. 27, 2018, in the Superior Court of the District of Columbia. The plea, which is subject to the Court’s approval, calls for an agreed-upon sentence of 10 years in prison. He is to be sentenced on Oct. 26, 2018, by the Honorable Craig Iscoe.
According to a proffer of facts submitted at the plea hearing, the stabbing took place at approximately 10:15 p.m. on Feb. 4, 2015 in the 2400 block of Alabama Avenue SE. The victim, Tracey Jones, 46, was intoxicated and limping down the street while on his cell phone. Chambers and a group of associates were on the same street, walking towards Mr. Jones. Chambers and his associates decided to rob Mr. Jones, who was carrying a backpack. As the group approached Mr. Jones, an altercation began. During the altercation, Chambers and at least one other individual struck Mr. Jones. Mr. Jones then fell to the ground and crawled away from the altercation, while one of the individuals with Chambers took Mr. Jones’s backpack as they fled.
Shortly thereafter, officers from the Metropolitan Police Department’s Seventh District responded to the scene and located Mr. Jones, who was suffering from an apparent stab wound to his upper body. An autopsy revealed that Mr. Jones had been stabbed once in the chest with a sharp instrument that penetrated his heart.
Over the course of the investigation, detectives recovered a knife and red jumpsuit from Chambers’s residence. The investigation revealed that the red jumpsuit, as well as GPS records, placed Chambers at the scene of the crime. In interviews, Chambers admitted to being with the group that had decided to rob Mr. Jones. At his plea hearing, he admitted to being the individual who actually stabbed him. Chambers was arrested in December of 2015 and has remained incarcerated ever since.
In announcing the plea, U.S. Attorney Liu and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the assistance provided by the Washington Metropolitan Area Transit Authority, which provided Metrobus footage of Chambers and his associates in the area of the crime. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Michael Liebman and Damien Diggs, Investigative Analyst Zachary McMenamin, Paralegal Specialist Lornce Applewhite, and Victim/Witness Advocate Jennifer Clark.
Finally, they commended the work of Assistant U.S. Attorney Emily A. Miller, who investigated and indicted the case, and Assistant U.S. Attorneys Lindsey Merikas and Shehzad Akhtar, who prosecuted the case.
Detroit man admits to oxycodone distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – Robert Brown, of Detroit, Michigan, has admitted to selling oxycodone, U.S. Attorney Bill Powell announced.
Brown, also known as “Pooh,” age 24, pled guilty to one count of “Aiding and Abetting Distribution of Oxycodone.” Brown admitted to selling oxycodone in October 2015 in Monongalia County.
Brown faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the case on behalf of the government. The Mon Metro Drug and Violent Crime Drug Task Force, a HIDTA-funded initiative, led the investigation. The Task Force consists of the U.S. Drug Enforcement Administration. the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, Monongalia County Sheriff’s Office, Morgantown Police Department, the Star City Police Department, the West Virginia State Police, the West Virginia University Police Department, the Granville Police Department, and the Monongalia County Prosecuting Attorney’s Office. The US Marshals Service, the Internal Revenue Service, the Monongalia County Processing and Transport Personnel, the Greater Harrison County Drug Task Force MHIT Group, the Mountain State Drug Task Force, the Three Rivers Drug Task Force-Fairmont, and the Fairmont Police Department assisted.
U.S. Magistrate Judge Michael John Aloi presided.
Detroit Man Sentenced for Aggravated Identity Theft and Defrauding the Michigan Unemployment Insurance AgencyRead the Press Release
A Detroit man was sentenced to 60 months in federal prison after pleading guilty to aggravated identity theft and defrauding the Michigan Unemployment Insurance Agency, United States Attorney Matthew Schneider announced.
Schneider was joined in the announcement by Wanda M. Stokes, Director, Michigan Talent Investment Agency, Unemployment Insurance.
Devin Marquzes Griffin, 25, was sentenced today to 60 months by United States District Judge Mark A. Goldsmith for aggravated identity theft and wire fraud.
According to court records, from June 2016 through November 2017, Griffin conducted a scheme to defraud the Department of Labor through the Michigan Unemployment Insurance Agency. Griffin obtained the personally identifiable information (PII) of several hundred Michiganders, and used that PII to file, access, and modify approximately 447 unemployment insurance claims in the names of other people. Additionally, Griffin used this PII to open credit card accounts in the names of others, and deposited the money derived from his fraudulent unemployment insurance scheme into these credit card accounts.
Griffin received hundreds of fraudulent unemployment insurance payments through his illegal scheme, stealing more than $504,000. Griffin used this money to make cash withdrawals, purchase cars, airline tickets, hotel rooms, shoes, and like items for himself.
“Devin Griffin robbed taxpayers and business owners for his personal use, stealing from the system meant to protect Michiganders. Even worse, Griffin stole the identities of hundreds of people, causing them untold financial, mental, and emotional harm. The people of Michigan deserve better, and we will continue to aggressively prosecute these cases on their behalf,” U.S. Attorney Schneider stated.
Director Stokes said, “ID theft is not a victimless crime. Individuals whose identity is stolen suffer as well as our taxpayers. We are committed to investigating, charging and convicting these criminals. The UI staff along with the U.S. Department of Labor and U.S. Attorney’s office are to be commended for catching this criminal and putting him in prison.”
This case was investigated by Steven Bognar and Andrew Donohue of the U.S. Department of Labor Office of Inspector General, and Kurt Eggly of the State of Michigan Unemployment Insurance Agency. Assistant United States Attorney Hank Moon prosecuted the case.
Dermatology Healthcare Agrees to Pay $4 Million in False Claims Act SettlementRead the Press Release
Tampa, FL – United States Attorney Maria Chapa Lopez announces a $4 million settlement with Dermatology Healthcare, LLC; Robert A. Norman, D.O, P.A.; Robert A. Norman, D.O.; and Carol Norman (collectively, Dermatology Healthcare).
As part of the settlement, the parties resolve allegations that Dermatology Healthcare violated the False Claims Act by submitting false claims to obtain millions of dollars in Medicare and Medicaid reimbursements for the treatment of non-melanoma skin cancer with superficial radiation therapy.
According to the settlement agreement, from January 1, 2011, to December 31, 2016, the United States contended that Dermatology Healthcare: (1) failed to adequately supervise the administration of superficial radiation therapy, (2) up-coded claims for procedures related to superficial radiation therapy, and (3) over-utilized radiation simulations.
“Health care providers will be held accountable for the claims they submit to federal health care programs,” said U.S. Attorney Chapa Lopez. “As this settlement makes clear, our civil division continues to make healthcare fraud enforcement a core part of the mission of our office.”
“The rules are simple: bill government health programs only for services actually needed and provided. No more, no less,” said Shimon R. Richmond, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “We will continue to protect federal health care programs and beneficiaries by holding providers accountable.”
“The FBI is committed to working closely with our federal, state, and local partners to protect federally funded healthcare programs from abuse by providers,” said Eric W. Sporre Special Agent in Charge of the FBI Tampa Division. “Protection of these important programs is a shared responsibility which can best be accomplished with the support of an engaged community willing to bring these abuses to the attention of authorities.”
This settlement resulted from a coordinated effort by the U.S. Attorney’s Office for the Middle District of Florida, the Federal Bureau of Investigation, the U.S. Department of Health and Human Services Office of Inspector General, and the Florida Medicaid Fraud Control Unit. Assistant United States Attorney Christopher Emden led the investigation.
This settlement concludes a lawsuit originally filed in the United States District Court for the Middle District of Florida by Theodore, A. Schiff, M.D, a dermatologist from Palm Beach County, Florida. Dr. Schiff filed under the qui tam provisions of the False Claims Act permitting a private citizen to sue on behalf of the United States for false claims and to share in the recovery. The Case is captioned United States of America and the State of Florida ex rel. Theodore A. Schiff, M.D. v. Robert A. Norman, D.O., et al., Case No. 8:15-cv-1506-T-23AEP (M.D. Fla.). The claims resolved by the settlement are allegations only, and there has been no determination of liability.
The government’s action in this matter illustrates the emphasis on combating health care fraud, and one of the most powerful tools in this effort is the False Claims Act. Tips from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
Defendants in ticket-switching scam sentencedRead the Press Release
ATLANTA - Charles Blackman, a/k/a Ralph Jones, and Quinton Williams were sentenced to federal prison by U.S. District Judge Amy Totenberg for altering the prices of merchandise, through an elaborate “ticket-switching scheme” at The Home Depot and Lowe’s on August 27, 2018.
“These defendants defrauded Home Depot and Lowe’s of merchandise valued in excess of $300,000 and $1 million, respectively,” said U.S. Attorney Byung J. “BJay” Pak. “Security measures at The Home Depot helped uncover and stop this scheme before they could steal more. It is unfortunate that the consumer pays the cost of these elaborate schemes in a higher cost of goods.”
“The U.S. Secret Service and our law enforcement partners work tirelessly to protect our nation’s electronic financial payment systems,” said Malcolm D. Wiley, Acting Special Agent in Charge of the U.S. Secret Service, Atlanta Field Office. “Today’s sentences should serve as a reminder that criminals will not get away with using point of sale terminals to fund their criminal activities.”
According to U.S. Attorney Pak, the charges, and other information presented in court: Blackman and his associates allegedly switched or altered the prices of merchandise by changing the Universal Product Code (UPC), so the items could be purchased at a lower price and then returned for the actual, higher retail price. They used false information and fake identifications to further their fraud. Their alleged scheme was to cheat The Home Depot and Lowe’s out of the hundreds of thousands of dollars to be made on the price difference after returning the merchandise.
Charles Blackman, a/k/a Ralph Jones, 58, of Atlanta, Georgia was sentenced to three years, one month in prison, to be followed by two years of supervised release. He was also ordered to pay restitution in the amount of $1,269,621.00 to The Home Depot and Lowe’s.
Quinton Williams, 52, of Atlanta, Georgia, was sentenced to time served in prison, to be followed by two years of supervised release. He was also ordered to pay restitution in the amount of $269,515.00 to The Home Depot.
This case was investigated by the U.S. Secret Service. The Woodstock Police Department and Cherokee County District Attorney’s Offices contributed to this case.
Assistant U.S. Attorney Cassandra J. Schansman prosecuted the case.
For further information, please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Defendant sentenced for stealing Social Security benefitsRead the Press Release
ATLANTA - Monty Jack Stansell has been sentenced to federal prison after pleading guilty to stealing his deceased mother’s Social Security benefits.
“Stansell stole his deceased mother’s Social Security payments for six years, using the money to pay for his own personal expenses,” said U.S. Attorney Byung J. “BJay” Pak. “Those who steal Social Security benefits threaten the integrity of the program and divert vital resources away from those who need them most.”
“The Social Security Administration Office of the Inspector General has no higher priority than the investigation and prosecution of those who violate the public’s trust by failing to report Social Security beneficiary deaths and continuing to receive the deceased’s benefits,” stated Special Agent-in-Charge Margaret Moore-Jackson. “I’m grateful that the U.S. Attorney’s Office shares our determination to protect the integrity of the Social Security Administration’s programs for those who rely on them now and into the future.”
According to U.S. Attorney Pak, the charges and other information presented in court: Stansell’s mother died on April 1, 2008. Her Social Security benefits continued to be direct deposited into a joint SunTrust bank account that she shared with Stansell after her death. When investigators initially questioned Stansell, he claimed that he was unaware that his mother’s Social Security benefits were still being paid after her death. Stansell admitted to spending money out of the account, but claimed that he never looked at bank statements.
After investigators questioned Stansell a second time, he admitted that he received notice from the Social Security Administration in late 2008, informing him of his mother’s continued benefits. Instead of notifying the Social Security Administration that his mother had died, Stansell continued to receive and spend her benefits on his own personal expenses. In total, Stansell stole over $90,000 in Social Security benefits.
Monty Jack Stansell, 66, of Douglasville, Georgia was sentenced to one year, nine months in prison to be followed by three years of supervised release, and he was ordered to pay restitution in the amount of $93,872 on August 27, 2018. Stansell was convicted on these charges on April 25, 2018, after he pleaded guilty.
This case was investigated by the Social Security Administration - Office of the Inspector General.
Special Assistant U.S. Attorney Diane C. Schulman prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Crack Dealer Sentenced to Six Years in Federal PrisonRead the Press Release
Jacksonville, Florida – U.S. District Judge Henry L. Adams today sentenced Darrick “Block” Stafford (41, Jacksonville) to six years in federal prison for selling crack cocaine and for possessing a firearm as a convicted felon. Stafford had pleaded guilty on May 30, 2018.
According to court documents, Stafford participated in a series of firearms sales to an undercover special agent and a confidential informant working for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The weapons included a stolen firearm and assault-style rifles with high-capacity magazines. Stafford also sold the undercover agent powder cocaine and crack cocaine.
When Stafford was arrested by detectives from the Jacksonville Sheriff’s Office, they located a loaded .45-caliber pistol hidden under the hood of the car that he had been driving. As a previously convicted felon for offenses including robbery and firearms violations, Stafford is prohibited from possessing firearms or ammunition.
This case was investigated by the ATF and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney Michael J. Coolican.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Corpus Christi Man Sentenced in McAllen for Cocaine TraffickingRead the Press Release
McALLEN, Texas – A 41-year-old resident of Corpus Christi has been ordered to federal prison following his convictions of conspiracy and possession with the intent to distribute cocaine, announced U.S. Attorney Ryan K. Patrick. A federal jury convicted Ramiro Cordova Jr. Oct. 18, 2016, following less than two days of trial and approximately an hour of deliberation.
Today, U.S. District Judge Randy Crane, who presided over the trial, ordered Cordova to serve a 240-month sentence to be immediately followed by five years of supervised release. In handing down the sentence, Judge Crane noted Cordova’s status as a career offender due to his criminal history which included convictions for engaging in organized criminal activity to commit aggravated robbery and aggravated kidnapping and possession with intent to distribute 728 kilograms of marijuana.
During trial, the jury heard that on Sept. 1, 2016, law enforcement learned of a suspicious tractor trailer and conducted surveillance on the vehicle. They later executed a traffic stop on the vehicle in Edinburg, during which time a K-9 alerted to the presence of narcotics. The tractor trailer was then transported to the Pharr port of entry for further inspection where authorities located 40 bundles of cocaine weighing approximately 47 kilograms. Cordova was the driver.
Cordova was arrested and said he believed he was transporting marijuana. However, in subsequent interviews, he admitted he was transporting cocaine and was to be paid approximately $1,000 per kilogram he transported.
At trial, the defense argued that Cordova was transporting the drugs due to threats he received against members of his family for previously serving as an informant. Cordova took the stand and admitted to being previously convicted of transporting more than 700 kilograms of marijuana in 1999 and served 115 months in federal custody. He further testified that after being released from custody, he was coerced into delivering at least an additional six loads of a controlled substance to various cities across the United States, including Chicago.
Texas Department of Public Safety conducted the investigation with the assistance of the Alton Police Department and Customs and Border Protection. Assistant U.S. Attorneys Roberto Lopez Jr. and Robert L. Guerra Jr. prosecuted the case.
Convicted Felon Indicted for Making False Statements on a Federal Background Check Form while Attempting to Purchase a FirearmRead the Press Release
Memphis, TN – A federal grand jury returned an indictment against convicted felon Everette Alexander, 47, for making a false statement on ATF Background Check Form 4473 when attempting to purchase a firearm. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the indictment in this "lie-and-try" case today.
Count 1 charges Alexander did willfully and knowingly make and use a false writing on a federal form during the purchase of a firearmat Flash Pawn in Memphis, on December 2, 2017, in violation of Title 18, United States Code, Section 1001(a)(3).
Count 2 charges that Alexander did knowingly make false and fictitious written statements on December 2, 2017, to deceive Flash Pawn that the defendant had not previously been convicted of a felony, in violation of Title 18, United States Code, Section 922(a)(6).
Count 3 charges that Alexander, having previously been convicted of a crime, did knowingly possess in and affecting interstate commerce on December 16, 2017, a Cobra .380 caliber pistol; in violation of Title 18, United States Code, Section 922(g)(1).
Count 4 charges that Alexander, having previously been convicted of a crime, did knowingly possess in and affecting interstate commerce on February 12, 2018, a Cobra .380 caliber pistol; in violation of Title 18, United States Code, Section 922 (g)(1).
U.S. Attorney D. Michael Dunavant said, "Prosecutions of violent crimes must be paired with proactive prevention efforts to keep guns out of the hands of criminals and other prohibited persons. A valuable tool in this prevention effort is the ATF Background Check Form 4473, which must be completed before a federally licensed firearms dealer sells or transfers a firearm. Criminals and other prohibited persons who attempt to thwart the background check process by lying on the required forms threaten to undermine this important crime prevention tool, and such conduct cannot be tolerated. As part of our violence reduction strategy and reinvigorated PSN efforts, we want to take guns out of the hands of dangerous people, and take violent offenders off our streets. Let this serve as a warning: This office will vigorously prosecute any prohibited persons who attempt to illegally obtain a firearm in these "lie-and-try" cases.
If convicted, the defendant faces a sentence of up to 10 years in federal prison; three years supervised release and $250,000 fine.
The Bureau of Alcohol, Tobacco, Firearms, Explosives (ATF) investigated this case.
Assistant U.S. Attorney Neal Oldham is prosecuting this case on the government’s behalf.
The charges and allegations in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Columbus Man Sentenced to 17 Years for Armed Robberies in Clark, Fairfield CountiesRead the Press Release
COLUMBUS, Ohio – Dashawn Anthony Starnes, 27, of Columbus, was sentenced in U.S. District Court to 204 months in prison for four charges related to armed bank robbery.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Trevor Velinor, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, Columbus Police Chief Kim Jacobs, Springfield Police Chief Stephen P. Moody and Baltimore Police Chief Michael W. Tussey announced the sentence handed down today by Chief U.S. District Judge Edmund A. Sargus, Jr.
According to the statement of facts, Starnes acted as the getaway driver and/or participated in two armed robberies in the summer of 2015.
On June 30, 2015, Starnes drove Lawrence W. Bell, Jr., 32, of Columbus, to the Fifth Third Bank on Tuttle Road in Springfield, Ohio for the purpose of committing a robbery. On August 18, 2015, Starnes and Bell robbed the Peoples Bank on North Main Street in Baltimore, Ohio. Starnes brandished a pistol at tellers while committing the bank robbery.
Starnes pleaded guilty in March to two counts of bank robbery and two counts of possessing a firearm in furtherance of a crime of violence. Agents arrested Starnes on October 4, 2017. He has been in custody since his arrest.
Bell also robbed the First Service Credit Union on East Main Street in Reynoldsburg on June 17, 2015 and brandished a pistol at tellers. He was sentenced in May and also received a term of imprisonment of 17 years.
U.S. Attorney Glassman commended the cooperative investigation by law enforcement, as well as Assistant United States Attorney Timothy Prichard, who is representing the United States in this case.
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Co-Owners of Miami Pain Management Clinic Plead Guilty to Conspiracy to Distribute Medically Unnecessary Opioid PrescriptionsRead the Press Release
The husband and wife co-owners of a Miami pain management clinic and a patient recruiter pleaded guilty today to conspiracy to distribute controlled substances for their participation in a scheme to unlawfully distribute thousands of pills of oxycodone.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division; U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida; Special Agent in Charge Robert Lasky of the FBI’s Miami Field Office; Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG); Special Agent in Charge Brian Swain of the U.S. Secret Service (USSS), and Special Agent in Charge Adolphus P. Wright of the U.S. Drug Enforcement Administration (DEA) Miami Field Division made the announcement.
“The so-called ‘pain clinic’ owned by David Bosch and Tania Sanchez traded oxycodone prescriptions for cash, resulting in bogus, medically unnecessary prescriptions for at least 7,500 tablets of oxycodone,” said Assistant Attorney General Benczkowski. “Pill mills like this must be shut down. The Department of Justice is committed to reducing the staggering number of opioid overdoses in this country, and holding accountable all responsible parties, from owners of illegal clinics to patient recruiters, for their roles in this deadly scourge.”
David Bosch, 46, and Tania Sanchez, 47, of Hialeah, Florida, and Odalys Abreu, 45, of Miami, Florida, pleaded guilty to one count of conspiracy to distribute controlled substances before U.S. Magistrate Judge John O’Sullivan of the Southern District of Florida. Sentencing has been scheduled for Nov. 7 before U.S. District Judge Joan A. Lenard of the Southern District of Florida. Ledif Acanda Machado, 39, who was charged in this conspiracy, remains a fugitive.
Bosch and Sanchez owned and operated East Medical Office Inc. (“East”), purportedly a pain management clinic located at 3778 West 12th Avenue, in Hialeah, Florida. Bosch incorporated the cash-only clinic in April 2017 and ran it with Sanchez until their arrests on May 3. Bosch and Sanchez hired a physician to be the purported medical doctor of East because they knew the physician would write prescriptions for oxycodone without regard to medical necessity. They paid the physician $125 for each prescription. They also conspired with patient recruiters and drug diverters to distribute oxycodone. Bosch introduced a purported patient recruiter to Machado and Abreu and informed the recruiter that the recruiter could make money by obtaining oxycodone pills from medically unnecessary prescriptions from East and then selling the pills. Additionally, Sanchez filled out fraudulent medical paperwork for purported patients.
Abreu recruited her own patients to visit East. Abreu brought to East at least 18 individuals who paid approximately $250 for each purported “medical consultation” in order to receive controlled substances, especially oxycodone, that were not medically necessary. Abreu’s recruits received prescriptions for at least 5,000 tablets of oxycodone 30 mg. Abreu also offered to purchase pills from another individual whom she believed was a patient recruiter at East.
The charges in an indictment are merely accusations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by the FBI, HHS-OIG, USSS, and the DEA. Trial Attorney Adam Yoffie of the Criminal Division’s Fraud Section is prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in 10 locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,700 defendants who collectively have falsely billed the Medicare program over $14 billion.
Charlotte Tax Return Preparer Pleads Guilty to Preparing False Tax ReturnsRead the Press Release
A Charlotte, North Carolina tax return preparer pleaded guilty today to aiding and assisting in the preparation of a false tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney R. Andrew Murray for the Western District of North Carolina.
According to documents and information provided to the court, from 2011 through 2017, Shawanda Elmore owned and operated C and W Tax Professionals, a tax return preparation business in Charlotte, North Carolina. Elmore fraudulently sought to inflate her clients’ tax refunds by claiming false education credits, as well as false itemized deductions and businesses expenses. Elmore’s conduct caused a tax loss to the Internal Revenue Service (IRS) of over $500,000.
Elmore faces a statutory maximum sentence of three years in prison, as well as a period of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Murray commended special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorneys Alexander Effendi and Lauren Archer of the Tax Division, who are prosecuting the case.
Canadian Man Sentenced to Prison for Promoting Tax Fraud SchemeRead the Press Release
A Canadian man who led a multi-million dollar tax fraud conspiracy was sentenced to 60 months in prison today, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney James P. Kennedy Jr. for the Western District of New York.
According to documents filed with the court and evidence introduced at a related trial, Daveanan Sookdeo, 46, formerly of Ontario, Canada, promoted a scheme in which Canadian citizens filed false tax returns with the Internal Revenue Service (IRS) that fraudulently sought nearly $10 million in income tax refunds. After the participants in the scheme received their tax refunds, they travelled to the United States where they opened bank accounts at various financial institutions to deposit the refund checks. The coconspirators then moved the money back to Canada by wire transfers and other means. The fraudulent tax filings resulted in actual losses to the government of over $3.5 million dollars.
Sookdeo profited from the scheme by charging his coconspirators an upfront fee for the false documents used in the scheme, as well as a percentage of any tax refunds obtained through the scheme. Sookdeo worked with Ronald Brekke, a coconspirator in California, to prepare fraudulent Forms 1099-OID that participants in the scheme attached to their false income tax returns. Sookdeo also personally filed nine false tax returns and obtained a tax refund check in the amount of $73,662.25.
Sookdeo was arrested in Trinidad and Tobago in 2017 and later extradited to the United States. In May 2018, Sookedo pleaded guilty to conspiracy to defraud the United States and to commit theft of government funds, and filing a false claim against the United States.
In addition to the term of imprisonment imposed, U.S. District Judge Frank P. Geraci Jr. ordered Sookdeo to serve a three year term of supervised release and pay restitution to the IRS in the amount of $3,553,303.
Sookdeo is the fifth Canadian citizen to be convicted, and the second to be sentenced, for his role in this scheme. In January 2016, Kevin Cyster of Burlington, Ontario, was sentenced to 135 months in prison after a jury convicted him of conspiring to defraud the United States and commit theft of government funds, making a false claim against the United States and transferring stolen money in foreign commerce. Renee Jarvis, Timothy Johnston, and Jose Compuesto, also of Canada, pleaded guilty to conspiring to defraud the United States and commit theft of government funds and are awaiting sentencing. Sookdeo’s California-based coconspirator, Ronald Brekke, is currently serving a 12-year prison sentence.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Kennedy thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorneys Melissa S. Siskind and Thomas F. Koelbl and Assistant U.S. Attorney John Field of the Western District of New York, who prosecuted this case.
Additional information about the Tax Division’s enforcement efforts may be found on the division’s website.
Cabool Business Owner Pleads Guilty to Polluting Big Piney RiverRead the Press Release
SPRINGFIELD, Mo. – A Cabool, Mo., man pleaded guilty in federal court today to violating the Clean Water Act by dumping grease into the Big Piney River.
Brian Dale Fleming, 51, pleaded guilty before U.S. Magistrate Judge David P. Rush to one count of knowingly discharging a pollutant (used grease) into the Big Piney River without a permit.
Fleming is the owner of BF Byproducts, LLC, which is located in Cabool. BF Byproducts (formerly Fleming Recycling) is a grease-recycling business. BF Byproducts uses trucks to collect used grease from hundreds of restaurants in Missouri, Arkansas and elsewhere. The grease is transported to the Cabool facility, where it is recycled for resale and a profit.
Drivers who work for BF Byproducts collect the used grease for further processing at the Cabool facility where it is hosed from the collection trucks to a pit at the facility. From the pit, the grease is pumped to tanks located on the facility for further heating. The heating process separates the used grease; any grease that falls to the bottom of the heat processing tank is considered waste.
Because the waste was not needed, employees were instructed by Fleming to pump the waste grease down the hill from the main plant processing facility. This waste grease that was illegally pumped from BF Byproducts entered an unnamed tributary that leads into the Big Piney River.On April 2, 2015, the Environmental Protection Agency – Criminal Investigation Division (EPA-CID) executed a search warrant at BF Byproducts in conjunction with the Texas County, Mo., Sheriff's Department. The search warrant was issued after numerous residents near and adjacent to the grease processing facility complained of used grease being found in nearby ditches and tributaries leading to the Big Piney River.
Under the terms of today’s plea agreement, the government and Fleming recommend a fine of $15,000 and a restitution payment to the state of Missouri of $3,818. This recommendation is made in light of the fact that Fleming already served a year and a day of incarceration after being convicted in a separate criminal case, in which he participated (with his brother and co-defendant) in a conspiracy to steal spent cooking oil from restaurants and transport the stolen property across state lines to a grease recycling business in Tulsa, Okla. Additionally, there was a Superfund cleanup conducted at BF Byproducts, and today’s plea agreement anticipates that there may be costs associated with the cleanup that are separate and apart from this criminal proceeding. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Abram McGull II. It was investigated by the Environmental Protection Agency – Criminal Investigation Division, the U.S. Coast Guard, the Missouri Department of Natural Resources, the Texas County, Mo., Sheriff’s Department and the Cabool, Mo., Police Department.
Buffalo Man Sentenced for His Role in Cocaine Conspiracy Which Operated Near A Buffalo SchoolRead 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 Cleophus Dentmond, aka “Face,” 28, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and distribution of, cocaine, was sentenced to serve six months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that the defendant conspired with Stevie Alejandro who operated the Barberians Barber Shop at 1132 East Lovejoy Street, which is located directly across from Buffalo Public School #43, the Lovejoy Discovery School. Between May 2017 and October 18, 2017, the defendant participated in the conspiracy with co-defendants Alejandro, Aaron Hill, Gilbert Guzman, Catherine Ramos, and others, to distribute cocaine in the Lovejoy District.
During the conspiracy, Alejandro conducted negotiations with an undercover law enforcement officer regarding the sale, cost, amount, and delivery of cocaine. Then, Dentmond, or one of his co-conspirators, would conduct the drug transaction with the undercover officer. All proceeds went back to Alejandro. A total of 14 cocaine sales took place with the undercover officer.
Defendants Dentmond, Alejandro, Hill, and Guzman have all been convicted. Charges are pending against Catherine Ramos. 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.
Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Cheektowaga Police Department, under the direction of Chief David Zak; and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard
Brazilian Man Extradited from Switzerland for Defrauding Financial Institutions and Identity TheftRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced today that MARCOS ELIAS, a Brazilian citizen and resident, was extradited from Switzerland. In June 2018, ELIAS traveled to Switzerland and was arrested on the basis of a provisional arrest warrant for participating in a scheme to fraudulently obtain more than $750,000 at financial institutions headquartered in Manhattan using false representations and the stolen identities of Brazilian account holders at those institutions. ELIAS arrived in the Southern District of New York this afternoon, and will be presented today in Manhattan federal court before U.S. Magistrate Judge Barbara C. Moses.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged, Brazilian Marcos Elias stole over $750,000 from a Manhattan financial institution through a sophisticated wire fraud scheme involving a front company in Panama and a bank account in Luxembourg. Thanks to the extraordinary work of the FBI, today’s extradition shows that defendants who target American financial institutions from abroad will be subject to the long arm of American justice.”
FBI Assistant Director William F. Sweeney Jr. said: “People all over the world fear having their identities stolen by criminals who use the information to break the law. Pretending to be an employee of the account holder, the suspect allegedly stole hundreds of thousands of dollars that didn’t belong to him. He’s now been brought back to the United States to face justice, and return the money he stole.”
According to allegations in the Complaint and the Indictment unsealed today in Manhattan federal court[1]:
Since at least 2012, a Brazilian company (the “Client”) held an account at a financial institution headquartered in Manhattan (the “Firm”). Beginning in June 2014, ELIAS was in correspondence with a Senior Vice President at the Firm (the “Firm Employee”) regarding the Client’s account. The Firm Employee then began receiving emails purportedly from an employee of the Client (the “Client”) instructing the Firm Employee to transfer the Client’s money to a bank account in Luxembourg (the “Luxembourg Account”) that appeared to be in the name of the Client. Those emails were later determined to have been sent from an email address created the same day that was never used by the Client Employee and contained bogus wire instructions with the forged signature of the Client Employee. As a result of the false documentation provided to the Firm Employee, on July 15, 2014, the Firm transferred the approximately $752,000 from the Client’s account at the Firm to the Luxembourg Account (the “Fraudulent Transfer”), believing it to be a legitimate transfer requested by the Client.
In actuality, the Client did not authorize the Fraudulent Transfer, did not have any bank or brokerage accounts in Luxembourg, and did not send the emails to the Firm Employee requesting the transfer. Instead, the Luxembourg Account that received the Fraudulent Transfer was beneficially owned by ELIAS and opened in the name of a company formed in Panama the week prior to the Fraudulent Transfer. The Luxembourg Account was held in the name of a company containing the name of the Client in order to create the false impression that the Client’s funds were being transferred to an account beneficially owned by the Client when in fact such account was beneficially owned by ELIAS.
In addition to the scheme to defraud the Firm, ELIAS also attempted to fraudulently obtain money from a second financial institution headquartered in Manhattan using the name and purported passport of an account holder without authority.
* * *
ELIAS, 47, of São Paulo, Brazil, is charged with one count of conspiracy to commit wire fraud, which carries a maximum sentence of 30 years; one count of wire fraud, which carries a maximum sentence of 30 years; one count of receipt of stolen property, which carries a maximum sentence of 10 years; and two counts of aggravated identity theft, which each carry a mandatory consecutive minimum sentence of two years. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the FBI. Mr. Berman also thanked Switzerland’s Federal Office of Justice and the Zurich Police (Kantonspolizei Zürich), and the U.S. Department of Justice’s Office of International Affairs, for their assistance with the extradition, and noted that the investigation is continuing.
The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorney Sagar K. Ravi is in charge of the prosecution.
The charges contained in the Complaint and Indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the Indictment and their description set forth below constitute only allegations, and every fact described should be treated as an allegation.
Bay Area Aviators Indicted for Making False StatementsRead the Press Release
SAN FRANCISCO - A federal grand jury indicted four airline pilots for making false statements to the government in Federal Aviation Administration (FAA) forms, announced United States Attorney Alex G. Tse; U.S. Department of Veterans Affairs Office of Inspector General, Criminal Investigations Division, Special Agent in Charge James Wahleithner; and Department of Transportation Office of Inspector General Regional Special Agent in Charge Jeffrey Dubsick. In each case, the pilots are accused of submitting forms to the FAA that deny the existence of medical conditions for which the pilots were receiving disability benefits from the U.S. Department of Veterans Affairs.
The defendants, Gregory James Chrisman, 57, of Burlingame, Calif.; Nicholas King Beyer, 32, of Discovery Bay, Calif.; Adam Roger Asleson, 39, of Peachtree, Ga; and Walker Trent Grant, 36, of Fortuna, Calif., were charged in four separate indictments. In each indictment, the defendant is charged with making at least one false statement in violation of 18 U.S.C. § 1001(a)(2), as follows:
Defendant
Charges
Allegations
Adam Roger Asleson
Making a false statement, in violation of 18 U.S.C. § 1001(a)(2)
(1 count)
Allegedly stated on an FAA Form 8500-8:
(i) that he did not suffer from any mental disorders including depression or anxiety despite having represented to the VA that he suffered from major depressive disorder.
(ii) that he received medical disability benefits for knee strain and tinnitus despite having received service-related medical disability benefits from the VA for a major depressive disorder, and not for the conditions indicated on the Form 8500-8.
Walker Trent Grant
Making false statements, in violation of 18 U.S.C. § 1001(a)(2)
(2 counts)
Allegedly stated on an FAA Form 8500-8:
(i) that he did not suffer from and had never been diagnosed with “frequent or severe headaches” despite having represented to the VA that he suffered from tension headaches.
(ii) that he did not receive medical disability benefits, despite having received service-related medical disability benefits from the VA, including benefits related to his tension headaches since 2011.
Nicholas King Beyer
Making false statements, in violation of 18 U.S.C. § 1001(a)(2)
(2 counts)
18 U.S.C. § 1001(a)(1) – Falsify, Conceal, or Cover Up by Trick, Scheme, or Device a Material Fact
(2 counts)
Allegedly stated on an FAA Form 8500-8:
(i) that he did not have and had never had a mental disorder of any sort despite having represented to the VA that he had a major depressive disorder and having received medical disability benefits as a result of that condition.
(ii) he was receiving VA medical disability benefits only because of a knee and back injuries (and not for a major depressive disorder).
Gregory James Chrisman
Making false statements,
in violation of 18 U.S.C. § 1001(a)(2)
(2 counts)
Allegedly stated on an FAA Form 8500-8:
(i) he did not have and had never had a mental disorder of any sort despite having represented to the VA that he had posttraumatic stress disorder and having received medical disability benefits as a result of that condition.
(ii) that he was not receiving and has never received medical disability benefits despite having received service-related medical disability benefits from the VA since 2011.
Each defendant was arraigned and released on a $10,000 bond, and each was required to surrender his passport. Asleson will make his next appearance on October 3, 2018, before the Honorable Charles R. Breyer, U.S. District Judge. Grant will make his next appearance on September 19, 2018, before the Honorable Edward Chen, U.S. District Judge. Beyer will make his next appearance before Judge Breyer on October 3, 2018. Chrisman will make his next appearance on September 25, 2018, before the Honorable Vince Chhabria, United States District Judge.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendants face a maximum sentence of 5 years imprisonment and a fine of $250,000, plus restitution for each violation of 18 U.S.C. § 1001(a)(2) and each violation of 18 U.S.C. § 1001(a)(1). However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorneys Sailaja M. Paidipaty and Nicholas J. Walsh are prosecuting the four cases with the assistance of Marina Ponomarchuk. The prosecutions are the result of an investigation by the Department of Transportation Office of Inspector General and the Department of Veterans Affairs, Office of Inspector General.
Attorney General Jeff Sessions Welcomes Joseph H. Hunt as Assistant Attorney General for the Civil DivisionRead the Press Release
Attorney General Jeff Sessions welcomed the confirmation of Joseph H. (Jody) Hunt as the Assistant Attorney General of the Department of Justice’s Civil Division.
“I applaud the Senate for the confirmation of Jody Hunt,” said Attorney General Jeff Sessions. “His Department of Justice career extends for nearly 20 years. He has served as Director of the Federal Programs Branch for 15 years, a part of the Civil Division. This branch litigates some of the Justice Department’s most challenging cases at the trial level. I am deeply indebted to Jody for his outstanding service as my Chief of Staff. He is a man of great integrity, energy, and legal skill. He is uniquely qualified to lead the Department’s largest litigation division, where I am confident he will ably advocate this administration’s legal agenda.”
The Civil Division, which functions as the Government’s law firm, is the largest litigating component of the U.S. Department of Justice. Each year, the Civil Division represents the United States and its agencies, Members of Congress, Cabinet Officers, and other federal employees in tens of thousands of cases. In total, the Civil Division litigates matters on behalf of over 100 different federal agencies.
Most recently, Hunt served as Senior Advisor in the Office of Legal Policy following his service as Chief of Staff and Senior Counselor to Attorney General Sessions. Prior to this appointment, he served for fifteen years as Director of the Federal Programs Branch in the Civil Division, where he supervised the Government’s litigation efforts with respect to numerous legal challenges in federal district courts. His litigation responsibilities have concerned a wide range of matters on behalf of many executive agencies, including the Department of State, the Department of Defense, the Department of the Treasury, and components of the United States Intelligence Community. Hunt is a past recipient of the Attorney General’s Distinguished Service Award.
Prior to joining federal service in 1999, Hunt worked as a lawyer in private practice. Hunt clerked for Judge James H. Hancock of the U.S. District Court for the Northern District of Alabama following his graduation in 1989 from Columbia School of Law.
Armed Crack Cocaine Dealer Sentenced to over Six Years in Federal PrisonRead the Press Release
Jacksonville, Florida – U.S. District Judge Henry Lee Adams today sentenced Maurice Sanders (27, Jacksonville) to six years and one day in federal prison for possessing with the intent to sell crack cocaine and for possessing a firearm in furtherance of a drug trafficking crime. Sanders had pleaded guilty on May 18, 2018.
According to court documents, the Jacksonville Sheriff’s Office (JSO) conducted a citywide buy-bust operation on September 21, 2017. During the operation, a JSO detective observed Sanders pull a pill bottle from his pocket and give three different individuals crack cocaine in exchange for money. When Sanders was searched following his arrest, a JSO officer found a loaded .38 revolver in his pocket.
This case was investigated by the Jacksonville Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It was prosecuted by Assistant United States Attorney Ashley Washington.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Architect Sentenced to Federal Prison for Defrauding Payless ShoesRead the Press Release
TOPEKA, KAN. – An architect who worked for Payless ShoeSource was sentenced today to 21 months in federal prison and ordered to pay more than $425,000 in restitution for defrauding the company, U.S. Attorney Stephen McAllister said.
Manuel Francisco Ruiz-Lacayo, 38, Lawrence, Kan., pleaded guilty to one count of wire fraud. In his plea, he admitted the crime occurred while he worked for Payless as a project manager for store planning. His work included designing exteriors and interior floor plans for new stores in Central and South America. He coordinated with Ordonez Architecture and Construction in Bogata, Columbia, and Christian Heins Finkenstaedt in Barranquilla, Columbia, on the projects.
Without the knowledge of his employer, Ruiz-Lacayo told the contractors that 3D renderings of storefronts were required for all projects. He told them to use a firm he said was located in Costa Rica. In fact, the address he gave them was his mother’s and no renderings were produced. Ruiz-Lacayo submitted invoices from the fictitious firm to Payless for payment.
McAllister commended the Topeka Police Department, the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.
Albuquerque Man Pleads Guilty to Federal Heroin Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Lawrence Marquez, 39, of Albuquerque, N.M., pled guilty today in federal court to heroin trafficking and firearms charges. Marquez entered his guilty plea under a plea agreement that recommends that he be sentenced to 88 months of imprisonment followed by a term of supervised release to be determined by the court.
Marquez and his co-defendants, Angela Marquez, 28, and Jesus Valdez, 38, both of Albuquerque, were charged in a six-count indictment filed on Dec. 6, 2017, with drug trafficking and firearms offenses. The indictment charged Marquez, Angela Marquez and Valdez with participating in a heroin trafficking conspiracy in Feb. 2017, and distributing heroin on Feb. 23, 2017. It also charged Marquez and Valdez with distributing heroin on Feb. 23, 2017; Marquez and Angela Marquez with possessing firearms in furtherance of a drug trafficking crime on Feb. 23, 2017; and Marquez was charged with being a felon in possession of a firearm on Feb, 23, 2017. Marquez was prohibited from possessing firearms or ammunition because of his status as a convicted felon. According to the indictment, the defendants committed offenses in Bernalillo County, N.M.
During today’s proceedings, Marquez pled guilty to distributing heroin, and using and carrying a firearm during and in relation to a drug trafficking crime. In entering the guilty plea, Marquez admitted that he was armed with a firearm when he sold heroin to a person he later learned was an undercover law enforcement agent on Feb. 23, 2017.
Valdez pled guilty on April 24, 2018, to distributing heroin and methamphetamine. In entering his guilty plea, Valdez admitted distributing heroin to an undercover law enforcement agent on Feb. 23, 2017, and approximately 232 grams of methamphetamine to an undercover law enforcement agent on Dec. 7, 2017. Valdez was sentenced on Aug. 20, 2018, to 46 months in prison followed by three years of supervised release.
Angela Marquez has entered a not guilty plea to the charges in the indictment and is pending trial, which is scheduled for Sept. 2018. Charges in indictments and criminal complaints are only accusations. Defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by the Albuquerque offices of the DEA and Homeland Security Investigations. Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Alachua County Man Sentenced to 327 Months in Prison for Sex Trafficking by Force, Fraud, and CooercionRead the Press Release
GAINESVILLE, FLORIDA – Arthur Larange Lee Jr., 35, of Gainesville, Florida, was sentenced yesterday in the U.S. District Court in Gainesville to 327 months in prison for sex trafficking of an adult, and 60 months each for two counts of use of interstate commerce to commit prostitution. Each count is to be served concurrently. Lee was convicted following a jury trial on February 7, 2018. The sentence was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
Lee abducted a young woman from the parking lot of a Gainesville church where she was attending a Narcotics Anonymous meeting. After taking the victim’s phone, he ordered her to drive to a nearby hotel where he took photographs of her for use in a Backpage.com advertisement. Lee told the victim he would “break her in,” after which he raped her, burned her, and committed other acts of violence against her. Lee then fed the victim small amounts of cocaine and instructed her that she had to pay off her “debt.” Over the span of two days, Lee forced and coerced the victim to engage in sexual acts with numerous “johns.” He kept all the money derived from the sex acts that took place at local hotels and private residences. While at one hotel, the victim texted a “john” who agreed to help her escape by picking her up outside the hotel. The victim then fled with Lee’s phone and called law enforcement officers. Responding officers were able to quickly locate and arrest Lee, who was still inside the hotel.
U.S. Attorney Canova said: “This prison sentence sends a strong message to those who would enslave vulnerable people for profit using violent and manipulative tactics to keep their victims silent. We are working as a team in Northern Florida and throughout the country to fight the evil of human trafficking and bring healing and hope to the survivors. Some of the many partners involved are prosecutors, law enforcement agencies, victim services, local coalitions, and community members.”
Sheriff Sadie Darnell said: “Human trafficking is a horrible crime which causes life-long harm to the victim survivor(s). I applaud the tenacious work by our detectives and the cooperation with the U.S. Attorney in bringing justice to this case. We will continue to work tirelessly to stop this in Alachua County.”
“The trafficking of any person is a heinous crime that is considered modern-day slavery,” said Charles P. Spencer, Special Agent in Charge of the FBI Jacksonville Division. “The FBI and our law enforcement partners are on the front lines of the fight against sex trafficking, and are working to bring hope to victims. As this case demonstrates, we encourage survivors to come forward and engage with law enforcement so we can hold accountable those responsible.”
The case was investigated by the Alachua County Sheriff’s Office and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Frank Williams.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.