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Wednesday 22 August 2018
North Carolina Man Pleads Guilty to Providing Material Support to a Foreign Terrorist OrganizationRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that on August 22, 2018, in federal court, BASIT JAVED SHEIKH pled guilty to attempting to provide material support and resources to a foreign terrorist organization in violation of Title 18, United States Code, Section 2339B. Specifically, SHEIKH pled guilty to attempting to provide material support and resources to Jabhat al-Nusrah, which the United States Secretary of State has identified as an alias name for al-Qa’ida in Iraq, a designated Foreign Terrorist Organization. In pleading guilty SHEIKH acknowledged that, since he is not a natural born citizen of the United States, he faces possible automatic removal from the United States.
SHEIKH was initially charged by criminal complaint, and subsequently by Criminal Indictment filed November 5, 2013. At the time of indictment, SHEIKH was a 34 year-old from Pakistan who had been living for years in the United States as a legal permanent resident. The affidavit to the complaint describes multiple Facebook postings by SHEIKH occurring in 2013 and expressing support for Jahbat al-Nusrah. SHEIKH posted articles acknowledging that Jahbat al-Nusrah had been designated by the United States as a terrorist organization.
As detailed within the affidavit, SHEIKH utilized Facebook to propagate the violent ideology of Islamic Extremism. In mid-2013, SHEIKH sought out a relationship with an individual online whom he believed could assist him in travelling to Syria in support of violent jihad. This individual informed SHEIKH of another person described as a member of Jabhat al-Nusrah able to assist SHEIKH. In reality, both of these individuals were working with and for the FBI. SHEIKH reached out to the individual he believed to be a Jabhat al-Nusrah member and expressed his desire to travel to Syria in order to “help the mujahideen…in any way I can.” When asked how he wanted to help, SHEIKH responded “logistics, media, fight too, God willing.” Despite the FBI covert employee stating to SHEIKH that fighting was not for everyone, SHEIKH replied that that he was “serious” and that he was ready to be a martyr.
Believing that the FBI covert employee would be able to assist in smuggling him from Lebanon into Syria, SHEIKH purchased a one-way ticket with a final destination of Lebanon and a departure from Raleigh-Durham Airport on November 2, 2013. On that date, SHEIKH traveled to Raleigh-Durham Airport, obtained a boarding pass, checked in luggage, and proceeded through the security screening en route to his gate of departure. SHEIKH was arrested prior to boarding his flight.
Mr. Higdon commented: “The defendant’s interest in advancing an extremist ideology and his willingness to take steps to advance violence in support of that ideology is a chilling reminder of ongoing radicalization in our midst. It remains a priority for the Justice Department to pursue and prosecute those who would advance terrorism at home and abroad.”
The applicable maximum statutory penalty for this crime is 15 years imprisonment, a $250,000 fine, and 3 years supervised release. The actual sentence would be determined by the sentencing court after consideration of the plea agreement, the advisory sentencing guidelines, and all appropriate facts and circumstances.
Investigation of this case was conducted by the Federal Bureau of Investigation, Charlotte Division, Resident Agency Joint Terrorism Task Force (JTTF). Assistant United States Attorney Jason Kellhofer is representing the government in this case.
New York Man Pleads Guilty to Extensive Cyberstalking CampaignRead the Press Release
A New York man pleaded guilty today in U.S. District Court in the Southern District of New York to one count of cyberstalking, stemming from his extensive cyberstalking campaign that targeted a woman he dated for several months in 2013 and 2014. The victim’s name is being withheld to protect her privacy.
Assistant Attorney Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Geoffrey S. Berman of the Southern District of New York made the announcement.
David Waldman, 49, of Inwood, New York, was initially arrested and charged by complaint and then indicted by a grand jury on June 14, with one count of cyberstalking and six counts of sending interstate threats. Waldman has been detained pending trial. At his change of plea hearing today before U.S. District Court Magistrate Judge Robert W. Lehrburger, Waldman pleaded guilty to one count of cyberstalking. His sentencing hearing is scheduled for Nov. 22, 2018.
According to the indictment to which Waldman pleaded guilty, Waldman engaged in an extensive cyberstalking campaign targeting a woman he briefly dated. The campaign began in April 2014, shortly after Waldman and the victim ended their relationship, and continued intermittently until the date of Waldman’s arrest. Over the course of almost four years, Waldman sent the victim hundreds of text messages, voicemail messages, and e-mail messages, and made voluminous posts on a variety of online platforms, in which he claimed, among other assertions, that she had been diagnosed with bipolar and narcissistic personality disorder, used drugs, and fabricated claims that she had been a victim of child sexual abuse. In his online communications, Waldman also repeatedly threatened to show up at the victim’s apartment and office and threatened to injure, torture, and sexually assault her. Waldman also sent email messages to the victim’s employers, accusing her of being a “habitual drug user” and claiming that he would sue her for defamation, theft, illegal trespass, violating HIPAA, and engaging in other “illegal behaviors.”
Over the course of the alleged cyberstalking campaign, the victim obtained multiple state court orders of protection against Waldman.
Senior Trial Attorney Mona Sedky of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Nicholas Chiuchiolo of the Southern District of New York are prosecuting the case.
New York Man Pleads Guilty to Extensive Cyberstalking CampaignRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Brian A. Benczkowski, Assistant Attorney General for the Criminal Division, announced that DAVID WALDMAN pled guilty today to conducting an extensive cyberstalking and threats campaign that targeted a woman he dated for several months in 2014. WALDMAN pled guilty before U.S. Magistrate Court Judge Robert W. Lehrburger.
Beginning in April 2014 and shortly after WALDMAN and the victim ended their relationship, WALDMAN began an extensive cyberstalking campaign that continued intermittently until the date of WALDMAN’s arrest. Over the course of almost four years, WALDMAN sent the victim hundreds of text messages, voicemail messages, and email messages, and made voluminous posts on a variety of online platforms, in which he claimed, among other assertions, that she had been diagnosed with bipolar and narcissistic personality disorder, used drugs, and fabricated claims that she had been a victim of child sexual abuse. In his online communications, WALDMAN also repeatedly threatened to show up at the victim’s apartment and office and threatened to injure, torture, and sexually assault her. WALDMAN also sent email messages to the victim’s employers, accusing her of being a “habitual drug user,” and claiming that he would sue her for defamation, theft, illegal trespass, violating HIPAA, and engaging in other “illegal behaviors.”
Over the course of the alleged cyberstalking campaign, the victim obtained multiple state court orders of protection against WALDMAN.
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WALDMAN, 49, of Inwood, New York, pled guilty to one count of cyberstalking, which carries a maximum sentence of five years. The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Mr. Berman praised the outstanding investigative work of the Special Agents with the United States Attorney’s Office for the Southern District of New York.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Nicholas Chiuchiolo and Senior Trial Attorney Mona Sedky of the Criminal Division’s Computer Crime and Intellectual Property Section are in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
New York City Man Sentenced to Five Years’ Imprisonment for Being A Convicted Felon in Possession of A Firearm and AmmunitionRead the Press Release
WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Tyrone Greene, age 44, of New York City, was sentenced on August 21, 2018, by United States District Court Senior Judge A. Richard Caputo to serve five years’ imprisonment for being a convicted felon in possession of a firearm and ammunition.
According to United States Attorney David J. Freed, Greene was convicted of being a felon in possession of a firearm and ammunition after a two-day jury trial before Judge Caputo in October 2017. Greene was indicted by a grand jury as a result of an incident which occurred in Hanover Township, Luzerne County, on November 20, 2014, where police officers initiated a traffic stop of a vehicle in which Greene was a passenger. The vehicle was traveling at night without lights and the officers detected the odor of marijuana coming from the vehicle and located a bag of marijuana in Greene’s pocket. A subsequent search of Greene, a previously convicted felon, revealed that he was carrying a fully loaded Beretta pistol.
In addition to the prison term, Judge Caputo ordered that Greene be supervised by a probation officer for three years upon his release from prison.
The investigation was conducted by the Hanover Township Police Department, the Pennsylvania State Police, and the Federal Bureau of Investigation’s Safe Streets Task Force.
Assistant United States Attorneys Robert J. O’Hara and Francis P. Sempa prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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New Jersey Man Indicted for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Tony McCoy, a/k/a “Hard Times,” age 33, of New Jersey, was indicted on August 21, 2018, by a federal grand jury for drug trafficking.
According to United States Attorney David J. Freed, the indictment alleges that McCoy conspired with others to distribute and possess with intent to distribute one kilogram and more of heroin between August 2016 and February 2018 in Monroe County. One kilogram of heroin is the equivalent of approximately 40,000 individual doses. The indictment also alleges that McCoy possessed with intent to distribute heroin within 1,000 feet of East Stroudsburg University on February 22, 2018.
The case was investigated by the Federal Bureau of Investigation and the Stroud Regional Police Department. Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. The conspiracy charge carries a ten-year mandatory minimum. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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New Iberia felon pleads guilty to possessing firearm purchased at Lafayette store, later used in videoRead the Press Release
LAFAYETTE, La. – United States Attorney David C. Joseph announced today that a felon from New Iberia pleaded guilty to possessing a firearm purchased at a Lafayette sporting goods store that he later displayed in a music video.
Jaymie Williams, 22, of New Iberia, Louisiana, pleaded guilty before U.S. Magistrate Judge Patrick Hanna to one count of possession of a firearm by a convicted felon. The plea will become final when accepted by U.S. District Judge Elizabeth Foote. According to the guilty plea, Williams was present when a Century Arms, Model RAS47 firearm was purchased on March 11, 2018 at a sporting goods store in Lafayette. Williams later featured the firearm in one of his music videos entitled “BG Flow.” In the video, Williams handled the firearm in many scenes. He also possessed the firearm on April 18, 2017 when he entered a Lafayette gun shop. Williams also was previously convicted of a felony in 2017 that prohibited him from possessing a firearm.
Williams faces up to 10 years in prison, three years of supervised release and a $250,000 fine. The court set the sentencing date for November 16, 2018.
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.
The ATF and Lafayette Police Department conducted the investigation. Assistant U.S. Attorney Dominic Rossetti is prosecuting the case.
Miranda Gilbert Sentenced to 188 Month for Being an Armed Career Criminal and Assaulting a Federal OfficerRead the Press Release
ALBUQUERQUE – Miranda Gilbert, 31, a resident of Albuquerque, N.M., was sentenced this morning by Senior U.S. District Judge James A. Parker to 188 months (15.6 years) of imprisonment for being an armed career criminal in possession of a firearm and ammunition and for assaulting a federal officer. To violate the Armed Career Criminal Act, a defendant must have at least three prior convictions for a violent felony or serious drug offense, or both. Armed career criminals are subject to an enhanced penalty of not less than 15 years of imprisonment if convicted of possessing firearms or ammunition instead of the otherwise applicable penalty of a maximum ten years of imprisonment. Gilbert will be on supervised release for three years after completing her prison sentence.
U.S. Attorney John C. Anderson, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Michael Geier of the Albuquerque Police Department (APD) announced Gilbert’s sentence. The law enforcement officials said that Gilbert, whose criminal history includes ten prior felony state court convictions for which Gilbert has served approximately four years and six months of incarceration, was prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of making communities in New Mexico safer places for people to live and work.
In announcing the sentence, U.S. Attorney John C. Anderson commended ATF and APD for their commitment to protecting the residents of Albuquerque from violent, repeat offenders like Miranda Gilbert. The U.S. Attorney said, “My Office will continue to work with its federal, state, local and tribal partners to identify the criminals responsible for significant violent crime in our communities, and will use the substantial tools available to us, like the Armed Career Criminal Act, in the federal judicial system to hold them accountable.”
“ATF is committed to aggressively investigate and pursue armed career criminals such as Miranda Gilbert that prey upon our community,” said ATF Special Agent in Charge John J. Durastanti. “Gilbert will have plenty of time to reflect on her crimes while serving her lengthy sentence in federal prison.”
“It is imperative that we use the full weight of the law to prosecute dangerous, career criminals who are willing to violate federal firearm laws and assault law enforcement officers,” APD Chief Michael Geier said. “Offenders who have no regard for law enforcement are more of a threat to civilians and a risk to public safety.”
Gilbert was charged in Oct. 2017, in a criminal complaint with being a felon in possession of a firearm and ammunition on Aug. 20, 2017. According to the criminal complaint, APD officers responded to a call reporting shots fired at a residence in northeast Albuquerque. APD officers learned that when the homeowners arrived at their home, they observed Gilbert parked in a vehicle in their driveway and attempted to block her in the driveway. Gilbert responded by pulling a handgun out of her purse, threatening the homeowners, and firing shots close to where one of the homeowners was standing before leaving the area. Gilbert was arrested the next day after attempting to flee from police, and ultimately causing an accident with a federal law enforcement officer.
Gilbert was indicted on Nov. 1, 2017. The three-count indictment charged Gilbert with being a felon in possession of a firearm and ammunition in in Bernalillo County, N.M., on Aug. 20, 2017, and in Guadalupe County, N.M., on Aug. 21, 2017, and with assaulting a federal officer in Guadalupe County on Aug. 21, 2017. According to the indictment, Gilbert was prohibited from possessing firearms or ammunition because she has been convicted of at least ten felony offenses.
On May 16, 2018, Gilbert pled guilty to the indictment without the benefit of a plea agreement. During Gilbert’s change of plea hearing, the United States proffered a summary of the evidence that it would have introduced had the case proceeded to trial. That evidence would have included the firearm, a 9 mm caliber pistol, Gilbert possessed, brandished, and discharged in Bernalillo County on Aug. 20, 2017, and also possessed in Guadalupe County on Aug. 21, 2017. The evidence also would have established that on Aug. 21, 2017, in Guadalupe County, Gilbert forcibly assaulted a Supervisory Deputy U.S. Marshal, whom she knew to be engaged in the performance of his official duty based upon her own post-arrest statements made to law enforcement authorities. As Gilbert fled from law enforcement authorities in an attempt to avoid apprehension, Gilbert used a vehicle as a dangerous weapon and in an effort to strike the Supervisory Deputy U.S. Marshal, who was inside his vehicle and was required to take evasive action to avoid being struck by Gilbert’s vehicle.
The United States’ proffer of evidence also included Gilbert’s ten prior felony convictions:
- residential burglary;
- conspiracy to commit residential burglary;
- trafficking controlled substances (possession with intent to distribute) (heroin);
- receiving or transferring a stolen motor vehicle (possession);
- conspiracy to commit receiving or transferring a stolen motor vehicle (possession);
- receiving or transferring stolen property (over $500 but not more than $2,500);
- escape from a community custody release program;
- possession of a controlled substance (methamphetamine);
- conspiracy to commit possession of a controlled substance (methamphetamine); and
- felon in possession of a firearm.
The Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the APD investigated the case with assistance from the U.S. Marshals Service, New Mexico State Police, and the New Mexico Adult Probation and Parole Division of the New Mexico Corrections Department. Assistant U.S. Attorneys Niki Tapia-Brito and Jack E. Burkhead prosecuted the case.
Minnesota Con Man Sentenced for Scamming East Texas WomanRead the Press Release
SHERMAN, Texas – A 47-year-old Minnesota man has been sentenced to 24 years in federal prison for violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Derek Mylan Alldred pleaded guilty on Dec. 21, 2017, to mail fraud and two counts of aggravated identity fraud. Alldred was sentenced to the maximum of 288 months in federal prison today by U.S. District Judge Amos Mazzant. Alldred was also ordered to pay restitution in the amount of $254,892.41.
According to information presented in court, in April 2017, in The Colony, Texas, Alldred began a relationship with a victim that he met online through a dating website. Alldred presented himself as a United States Navy pilot, a Department of Defense analyst, and a professor at Southern Methodist University. He was using the name Richard Tailor. During the time he was in the relationship with the victim Alldred used her credit card to order various items and have them delivered to him at her residence. He also used the card to make various charges in The Colony, Texas. After the victim became suspicious, she discovered Alldred's real identity of Derek Mylan Alldred. By this time, Alldred had fraudulently charged over $12,000.00 on her credit card. The victim filed a police report prompting an investigation of the fraudulent conduct. The investigation revealed that during the time Alldred was defrauding the victim in The Colony, he was also in a relationship with another victim in Dallas. Alldred would tell one victim he had to go out of town to work as a pilot, and then have the other victim pick him up at the airport. Alldred also stole money from the second victim. Investigators were able to determine Alldred committed this same offense across the United States. Eventually, at least 25 victims were located in California, Nevada, Minnesota, and Hawaii.
“This defendant left a trail of tears, emotional devastation, and financial ruin behind him,” said U.S. Attorney Joseph D. Brown. “It is clear that he will never change, and we expect his sentence to reflect that. We are glad we were able to get some level of justice for these women.”
This case was investigated by the Naval Criminal Investigative Service (NCIS), The Colony Police Department, and the Fort Worth Police Department’s Fugitive Unit. This case was prosecuted by Assistant U.S. Attorney William R. Tatum.
Mexican National Sentenced After Repeated Illegal Entries and Criminal ConvictionsRead the Press Release
RICHMOND, Va. – A Mexican national was sentenced today to 21 months in prison for illegally reentering the United States after committing multiple criminal and immigration offenses.
“Over the past 20 years, Mr. Silva has illegally entered or attempted to enter the United States at least seven times, and he has been convicted of eight criminal offenses, including discharging a firearm, resisting police, fraudulent documentation, and multiple drunk driving offenses,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “This recidivist behavior reflects a blatant disregard for our nation’s laws and borders, and represents a clear threat to public safety. The Department of Justice is committed to prioritizing criminal immigration enforcement, and this case reflects that continuing commitment.”
According to court documents, Omar Villarreal Silva, 40, of Cuajinicuilapa in the state of Guerrero, Mexico, pleaded guilty in federal court on May 21, 2018, to illegal reentry by a previously convicted felon. Silva first attempted to enter the United States unlawfully in 1998, and he was voluntarily returned to Mexico after being apprehended on five occasions between March 1998 to July 1999. After these failed attempts, Silva illegally reentered the United States and was convicted in Winston Salem, North Carolina for discharging a firearm and resisting police in 2000 and 2001, after which he moved to the Commonwealth of Virginia.
Between 2007 to 2014, Silva was arrested by the Chesterfield County Police Department on multiple occasions and was convicted of possessing a false identification document and three instances of driving while intoxicated. In September 2014, Silva was removed by U.S. immigration authorities to Mexico, but two months later in November 2014, Silva attempted to enter the United States using a fraudulent passport card at the border in El Paso, Texas. Silva subsequently was convicted in the Western District of Texas for illegal reentry and improper use of a passport card, and he was sentenced to 15 months in prison, after which he was removed to Mexico in December 2016.
After his December 2016 removal, Silva illegally reentered the United States once again and was arrested in August 2017 by the Chesterfield County Police Department, after which he was referred for the current federal prosecution.
“The United States is a nation of laws and order, and habitual and repeated disregard for those laws will not go without consequence,” said Russell Hott, Field Office Director for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C. “Today’s announcement reflects our continued commitment to enforce these laws and to ensure there are no allowances for criminals and reoffenders to occupy our communities.”
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Russell Hott, Field Office Director for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C., made the announcement after sentencing by U.S. District Judge M. Hannah Lauck. Assistant U.S. Attorney S. David Schiller prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:17-cr-125.
Mexican Meth Importer Sent to PrisonRead the Press Release
LAREDO, Texas – A 27-year-old resident of Guadalajara, Jalisco, Mexico, has been ordered to prison for importing methamphetamine into the United States, announced U.S. Attorney Ryan K. Patrick. Leonardo Daniel Ramirez-Gallegos pleaded guilty May 1, 2018, to conspiracy to import fifty grams or more of methamphetamine.
Today, District Judge Marina Garcia Marmolejo sentenced Ramirez-Gallegos, to 70 months in prison. Not a U.S. citizen, he is expected to face deportation proceedings following his imprisonment. In handing down the sentence, the court noted Ramirez-Gallegos was entrusted with a substantial amount of methamphetamine and that he chose to bring along his five-year-old son while committing this crime.
On Feb. 25, 2018, Ramirez-Gallegos applied for entry into the United States at the Colombia Bridge Port of Entry near Laredo driving a 2003 Honda Odyssey. His wife and small child were accompanying him.
Customs and Border Protection (CBP) officers conducted an inspection and found approximately 13.55 kilograms of methamphetamine hidden in a trap door within each of the interior sliding doors of the Odyssey.
Ramirez-Gallegos had instructed his wife to lie to authorities if they were interviewed at the border. Ultimately, however, Ramirez-Gallegos admitted to knowingly importing the 16 bundles of methamphetamine into the United States.
He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of CBP. Special Assistant U.S. Attorney Lisa M. Ezra prosecuted the case.
Mexican Man Sentenced to Prison for Document FraudRead the Press Release
A Mexican man who used false identification documents to obtain a job was sentenced August 21, 2018, to almost four months in federal prison.
Jose de Jesus Becerra-Lopez, age 24, a citizen of Mexico illegally present in the United States and living in Dyersville, Iowa, received the prison term after a June 4, 2018, guilty plea to one count of unlawful use of identification documents.
At the guilty plea, Becerra-Lopez admitted he used a fraudulent Social Security card and a fraudulent permanent resident card, also known as a “green card,” when he completed an employment form on January 3, 2018, at a business in Cascade, Iowa. The Social Security number was invalid and the Alien Registration number on the “green card” was issued to another person.
Becerra-Lopez was previously deported from the United States to Mexico in 2012. He illegally reentered the United States without the permission of the United States government. On February 4, 2018, Becerra-Lopez was found by immigration agents following a roll-over vehicle accident in Muscatine County.
Becerra-Lopez was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Becerra-Lopez was sentenced to 118 days’ imprisonment. He must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system.
Becerra-Lopez is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-1013-LTS.
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Metropolis Woman Indicted on Methamphetamine-Related ChargesRead the Press Release
Anna Rose Sullivan, 33, of Metropolis, Illinois, was recently indicted on federal methamphetamine related charges, Steven D. Weinhoeft, United States Attorney for the Southern District of Illinois, announced today. The eight-count indictment returned on August 7, 2018, charges Sullivan with intentionally distributing methamphetamine on seven separate occasions between 2017 and 2018, and with possessing with intent to distribute more than five (5) grams of methamphetamine in June 2018. All of the crimes charged in the indictment are alleged to have occurred in Massac County, Illinois.
If convicted, Sullivan faces between five and 40 years imprisonment, a fine of not more than $5,000,000, and supervised release of not less than four years on seven of the eight counts. On the remaining count, Sullivan could receive up to 20 years imprisonment, a fine of not more than $1,000,000, and at least three years of supervised release.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
Sullivan made her initial appearance on August 21 and entered a plea of not guilty. Her trial is currently set for October 22, 2018, in Benton, Illinois.
The investigation in this case was conducted by the Federal Bureau of Investigation, the Metropolis Police Department, the Illinois State Police, and the Drug Enforcement Administration.
Manager and Employee of Long Island Boiler Room Plead Guilty in $147 Million Stock Manipulation SchemeRead the Press Release
Earlier today, in federal court in Central Islip, Ronald Hardy and McArthur Jean pleaded guilty for their roles in connection with a $147 million scheme to defraud investors in publicly traded companies. Hardy, who was a manager at My Street Research and its predecessors (collectively, the “boiler room”), pleaded guilty to conspiracy to commit securities fraud, conspiracy to commit wire fraud, conspiracy to commit money laundering and five counts of securities fraud. Jean, a cold-caller at the boiler room, pleaded guilty to one count of conspiracy to commit securities fraud and agreed to forfeit more than $110,000. When sentenced, Hardy faces a maximum of 20 years’ imprisonment on the top count of conviction and Jean faces a maximum of five years’ imprisonment.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the guilty pleas. Mr. Donoghue expressed his appreciation to the United States Securities and Exchange Commission for their significant cooperation and assistance in the investigation.
Between January 2014 and July 2017, Hardy and Jean, together with their 14 co-defendants and others, engaged in a scheme to defraud investors and potential investors in publicly traded companies, including National Waste Management Holdings, Inc., trading under the ticker symbol NWMH; CES Synergies, Inc., trading under the ticker symbol CESX; Grilled Cheese Truck, trading under the ticker symbol GRLD; Hydrocarb Energy Corporation, trading under the ticker symbol HECC; and Intelligent Content Enterprises, Inc., trading under the ticker symbol ICEIF (collectively, the “manipulated public companies”). The defendants executed this scheme by (a) artificially generating price movements and trading volume in the shares, (b) causing material misrepresentations and omissions in their communications with victim investors about the advisability of purchasing the shares and (c) fraudulently concealing their control of shares of the manipulated public companies that were held in brokerage accounts in the names of other individuals or entities. In addition, Hardy and other defendants conspired to launder approximately $14,714,493 in proceeds of the stock manipulation scheme.
Hardy and Jean are among 16 defendants charged in this case, and the ninth and tenth defendants, respectively, to plead guilty. The eight defendants who previously pleaded guilty to various charges for their participation in this scheme are Erik Matz, a manager at the Boiler Room, Boiler Room cold-callers Brian Heepke, Dennis Verderosa, Emin L. Cohen, Paul Ewer, Ashley Antos and Sergio Ramirez, and Robert Gilbert, a cold-caller operating from his own company.
The government’s case is being handled by the Office’s Business and Securities Fraud Section. Assistant United States Attorneys Alicyn L. Cooley, Patrick T. Hein and Whitman G.S. Knapp are in charge of the prosecution. Assistant United States Attorney Tanisha R. Payne of the Office’s Asset Forfeiture Section is handling the forfeiture matters.
The Defendants:
RONALD HARDY
Age: 42
Residence: Port Jefferson, New YorkMCARTHUR JEAN, also known as “John McArthur”
Age: 34
Residence: Dix Hills, New YorkERIK MATZ
Age: 44
Residence: Mt. Sinai, New YorkBRIAN HEEPKE, also known as “Brian Targis”
Age: 36
Residence: Farmingdale, New YorkDENNIS VERDEROSA
Age: 67
Residence: Coram, New YorkEMIN L. COHEN, also known as “Ian Grant”
Age: 33
Residence: Coram, New YorkPAUL EWER
Age: 36
Residence: Massapequa, New YorkASHLEY ANTOS
Age: 26
Residence: Central Islip, New YorkSERGIO RAMIREZ
Age: 44
Residence: East Meadow, New YorkROBERT GILBERT
Age: 51
Residence: Cold Spring Harbor, New YorkE.D.N.Y. Docket No. 17-CR-372
Man from Dominican Republic Admits Role in Conspiracy to Distribute Cocaine Concealed in Airline Neck PillowsRead the Press Release
NEWARK, N.J. – A man from the Dominican Republic today admitted his role in a conspiracy to distribute three kilograms of cocaine by bringing the drugs into the United States concealed in airline neck pillows, U.S. Attorney Craig Carpenito announced.
Rafael Francisco Bautista Perdomo, 21, pleaded guilty before U.S. District Judge Stanley R. Chesler in Newark federal court to a superseding information charging him with one count of conspiracy to possess with intent to distribute more than 500 grams of cocaine.
According to documents filed in this case and statements made in court:
On Oct. 11, 2017, Perdomo and a conspirator arrived at Newark Liberty International Airport on a flight from Las Americas International Airport in Santo Domingo, Dominican Republic. Both passengers brought neck pillows with them onto the flight as carry-on items.
During a routine Customs and Border Protection (CBP) screening of baggage at Newark Liberty International Airport, law enforcement discovered approximately three kilograms of cocaine sewn inside the neck pillows that Perdomo and his conspirator were carrying.
The count of conspiracy to possess with intent to distribute more than 500 grams of cocaine penalty carries a mandatory minimum penalty of five years in prison, a potential maximum of 40 years in prison, and a $5 million fine. Sentencing is scheduled for Dec. 12, 2018.
U.S. Attorney Carpenito credited special agents of U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), New Jersey Division, under the direction of Special Agent in Charge Brian Michael; and officers of U.S. Customs and Border Protection, New York Field Office, under the direction of Acting Director of Field Operations Francis J. Russo, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Ari B. Fontecchio of the U.S. Attorney’s Office Organized Crime and Drug Enforcement Task Force / Narcotics Unit in Newark.
Defense counsel: Kevin Carlucci Esq., Assistant Federal Public Defender, Newark
Louisiana Pharmacist Convicted of Trafficking and Selling Stolen MedicationRead the Press Release
United States Attorney Brandon J. Fremin announced today the conviction of ALVIN WATTS, III, a 37-year-old resident of Addis, Louisiana. Watts was indicted by a federal grand jury on September 7, 2016 and charged in a multicount indictment. Count One charges the defendant with Conspiracy to Possess, Transport and Traffic in Embezzled Pre-Retail Medical Products and Stolen Property, Count Two charges Trafficking in Stolen and Embezzled Pre-Retail Medical Products, Count Three charges Transportation of Stolen Property, and Count Four charges Receipt, Possession, Concealment, Storage, and Sale of Stolen Property.
After a 2-day trial before visiting U.S. District Lance M. Africk, the jury unanimously convicted Watts of all four counts. As the evidence at trial demonstrated, Watts was a co-owner and pharmacist of Doc-Your-Dose Pharmacy in Grosse Tete, Louisiana. In 2013, Watts organized a scheme to purchase black market HIV pharmaceutical drugs that had been stolen from the Washington, D.C. Department of Health Pharmacy Warehouse intended for indigent HIV patients in Washington, D.C. Watts sent two of his employees to D.C. on multiple occasions between June and September of 2013 to purchase the stolen medications from various locations including at a local D.C. hotel and fast food chain. Watts directed his employees to return the black market medications to his Louisiana pharmacy, and once there, Watts dispensed the stolen medication to unsuspecting HIV patients. As a result, Watts profited approximately $600,000.00 by dispensing black market medications as opposed to selling legally-obtained medications.
Watts’ criminal conduct became known as the result of a traffic stop near Chattanooga, Tennessee, in which his couriers were stopped for speeding. During the stop, officers discovered a significant quantity of stolen HIV medications in the trunk of their vehicle. The investigation identified Watts’ criminal conduct along with the conduct of four co-conspirators who were indicted and subsequently pled guilty for their involvement in this scheme. All are awaiting sentencing for their part in this conspiracy.
As a result of his convictions, Watts now faces a maximum sentence of 20 years in federal prison for Count Two, and 15 years for Counts Three and Four, and 5 years for Count One.
U.S. Attorney Fremin stated, “Professionals like this defendant who violate federal law and think they can hide in plain view are sadly mistaken. Profiting from stolen meds intended for indigent patients is despicable and will not be tolerated by this office. The actions of this defendant are a great disservice to the many honest, ethical and law abiding pharmacists and medical professionals in our communities. I am extremely proud of the efforts of our prosecutors and our federal, state and local law enforcement partners who played a critical role in investigating and prosecuting this complex and important matter.”
Attorney General Jeff Landry said, "I commend my Medicaid Fraud investigators for their diligence and professionalism in this matter which resulted in the conviction of Alvin Watts. Our office and U.S. Attorney Fremin's Office will continue working together to uphold the rule of law."
“When criminals use fraudulent means, such as theft, to obtain prescription drugs illegally, they place all U.S. consumers at risk,” said Justin D. Green, Special Agent in Charge, FDA Office of Criminal Investigations’ Miami Field Office. “We will continue to pursue and bring to justice those who put the public health at risk.”
This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana, the United States Food And Drug Administration’s Office of Criminal Investigations, and the Louisiana State Attorney General’s Office’s Medicaid Fraud Control Unit, with assistance from the State of Tennessee 10th Judicial District Drug & Violent Crime Task Force. The case is being prosecuted by Assistant United States Attorneys Peter Smyczek and Paul Pugliese.
Las Vegas Man Sentenced to over 10 Years in Prison for Bank Robbery After Escaping from PrisonRead the Press Release
LAS VEGAS, Nev. – A Las Vegas man who robbed a bank in the Southern Highlands area after escaping from a Bureau of Prisons facility in Arizona was sentenced today to 125 months in prison and three years of supervised release, announced U.S. Attorney Dayle Elieson for the District of Nevada.
Richard Lee Canterbury, 68, was convicted by a jury in February of one count of bank robbery. United States District Judge Kent J. Dawson presided over the two-day trial and sentencing hearing.
According to court documents, on March 16, 2016, Canterbury entered a Nevada State Bank on Southern Highlands Parkway in Las Vegas wearing a gray “fisherman” style hat, dark glasses, and a blue and white striped long sleeve shirt under a gray zip up vest, carrying a blue zip top bank bag. He approached a teller and showed a handwritten note which stated: “This Is A Robbery No Tricks Loose Bills Only Cooperate No One Gets Hurt Otherwise Everyone Dies.” The teller placed approximately $1,901 and a GPS tracking device into the bag. Canterbury left the bank with the bag containing the bank money and the tracking device.
Shortly after the robbery, Las Vegas Metropolitan Police Department officers, using information from the GPS tracker and the suspect’s description provided by the bank teller, located and stopped Canterbury’s vehicle. Officers found the stolen bank cash, the bank bag, the note, and the GPS tracking device inside his vehicle. He was still wearing the clothes that he wore during the robbery. He was arrested and taken into custody.
Canterbury was serving a 46 month federal sentence for Felon in Possession of Firearms when he escaped from a Bureau of Prisons facility in Florence, Arizona, on January 27, 2016.
The case was investigated by the FBI and the Las Vegas Metropolitan Police Department. Assistant U.S. Attorneys Lisa Cartier-Giroux and Jared L. Grimmer prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program 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. For more information about PSN, visit www.justice.gov/usao-nv.
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Las Vegas Man Sentenced to 12 Years in Prison for Receipt of over 600 Images and Videos of Child PornographyRead the Press Release
LAS VEGAS, Nev. – A Las Vegas man who admitted to using file sharing applications to receive more than 600 images of toddlers and children engaged in sexually explicit conduct was sentenced today to 144 months in federal prison, announced U.S. Attorney Dayle Elieson for the District of Nevada.
Ricky Damian Johnston, 59, previously pleaded guilty to one count of receipt of child pornography. In addition to the prison term, U.S. District Judge Andrew P. Gordon sentenced him to a lifetime term of supervised release following his incarceration and he will be required to register as a sex offender.
According to information in the plea agreement, Johnston admitted that, from January 1, 2005 to October 29, 2014, he used multiple peer-to-peer file sharing software applications to search for and download images of children engaged in sexually explicit conduct. Forensic examination of his electronic devices revealed that he downloaded more than 600 images and videos, including some of toddlers engaged in a sexually explicit conduct with adults. Computer forensics also showed that Johnston received live-streamed videos of children from southeast Asia engaged in a sexually explicit conduct. Furthermore, he shared and distributed child pornography by actively managing his “shared” folders on the various software applications.
The case was investigated by the FBI and the Las Vegas Metropolitan Police Department. Assistant U.S. Attorney Elham Roohani prosecuted the case.
If you have information regarding possible child sexual exploitation, make a report to the National Center for Missing and Exploited Children (NCMEC) CyberTipline at www.cybertipline.org.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals, federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood and for information about internet safety education, visit www.usdoj.gov/psc.
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Las Vegas Man Convicted in Conspiracy to Commit Mail and Wire Fraud CaseRead the Press Release
A federal jury in Las Vegas, Nevada convicted a Las Vegas man of conspiracy to commit mail and wire fraud announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Dayle Elieson of the District of Nevada.
According to court documents and evidence presented at trial, Terry Williamson conspired with others to file false and fraudulent tax returns with the Internal Revenue Service using the names and social security numbers of deceased taxpayers. To further the scheme, Williamson opened and managed a bank account to receive the fraudulent tax refunds. In total, more than 480 fraudulent tax refund checks totaling more than $2 million were deposited into Williamson’s account. Williamson withdrew substantial amounts of money from that bank account and also transferred large portions of the proceeds to his personal account and to the accounts of co-conspirators. Williamson spent his cut of the money on personal expenses including over $60,000 on a fully-loaded pick-up truck.
Sentencing is scheduled for a later date. Williamson faces a statutory maximum sentence of 20 years in prison as well as a period of supervised release and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Elieson commended special agents of IRS-Criminal Investigation, who investigated the case, and Trial Attorneys John Mulcahy and Sarah Kiewlicz of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found at www.justice.gov/tax.Las Vegas Man Convicted in Conspiracy to Commit Mail and Wire Fraud CaseRead the Press Release
LAS VEGAS, Nev. – A federal jury in Las Vegas, Nevada convicted a Las Vegas man of conspiracy to commit mail and wire fraud announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Dayle Elieson of the District of Nevada.
According to court documents and evidence presented at trial, Terry Williamson conspired with others to file false and fraudulent tax returns with the Internal Revenue Service using the names and social security numbers of deceased taxpayers. To further the scheme, Williamson opened and managed a bank account to receive the fraudulent tax refunds. In total, more than 480 fraudulent tax refund checks totaling more than $2 million were deposited into Williamson’s account. Williamson withdrew substantial amounts of money from that bank account and also transferred large portions of the proceeds to his personal account and to the accounts of co-conspirators. Williamson spent his cut of the money on personal expenses including over $60,000 on a fully-loaded pick-up truck.
Sentencing is scheduled for a later date. Williamson faces a statutory maximum sentence of 20 years in prison as well as a period of supervised release and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Elieson commended special agents of IRS-Criminal Investigation, who investigated the case, and Trial Attorneys John Mulcahy and Sarah Kiewlicz of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found at www.justice.gov/tax.
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Lancaster Man Arrested on Drug Trafficking ChargesRead the Press Release
COLUMBUS, Ohio – Chris R. Cook, 45, of Lancaster, Ohio, was arrested this morning on charges related to distributing methamphetamine.
He was charged by criminal complaint with possessing and conspiring to possess with the intent to distribute in excess of 50 grams of the drug.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration (DEA), Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, Lancaster Police Chief Adam Pillar and members of the Fairfield Hocking Major Crimes Unit announced the charges.
According to the affidavit filed in support of the complaint, law enforcement received several citizen complaints regarding suspected drug trafficking at Cook’s residence on S. Cedar Avenue and his business on Welsh Avenue in Lancaster.
Investigators established surveillance on the properties and observed activity consistent with drug trafficking.
During a coordinated traffic stop, Fairfield County Sheriff’s Deputies stopped a vehicle that had been present at residence on S. Cedar Avenue and discovered six grams of crystal meth. Law enforcement officials also conducted several controlled purchases of meth, both at Cook’s residence and business.
Cook had entrances to his residence barricaded as well as surveillance cameras on the property. When he was arrested, agents discovered him in possession of a bullet-proof vest and additional methamphetamine.
Cook is scheduled to appear in federal court today at 1:30pm before U.S. Magistrate Judge Kimberly A. Jolson.
U.S. Attorney Glassman commended the investigation of this case by law enforcement and Assistant United States Attorney Timothy Prichard, who is prosecuting the case.
A criminal complaint merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
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Lancaster Heroin Trafficker Sentenced to 20 Years’ ImprisonmentRead the Press Release
Philadelphia – U.S. Attorney William M. McSwain announced that Jose Enrique Gonzalez, 48, of Lancaster, PA, was sentenced today by the Honorable Joseph F. Leeson to 20 years in federal prison and 8 years of supervised release for possession with intent to deliver heroin, carrying a firearm in relation to a drug trafficking crime, possession of an illegal firearm, and possession of a firearm after a felony conviction.
On June 14, 2016, police officers recovered more than 130 individually wrapped glassine baggies of heroin, an AK-47 assault rifle, multiple high-capacity magazines of ammunition, and a homemade silencer from Gonzalez’s vehicle in Lancaster. Law enforcement later recovered additional quantities of heroin and more than $2,300 in cash from Gonzalez’s home. At that time, Gonzalez was out on bail in another drug-related case that was then pending in the Court of Common Pleas for Lancaster County. He had been the subject of a longstanding investigation by the Lancaster County Drug Task Force.
Gonzalez was charged by a grand jury with federal drug and gun offenses on August 3, 2017. He pled guilty to all charges on May 10, 2018. In advocating for the 20-year sentence handed down today, the government argued that the sentence was appropriate in light of the seriousness of Gonzalez’s crimes and the grave harm that his heroin-trafficking had inflicted upon the community.
“By its very nature, drug-trafficking is extremely dangerous and often violent,” said U.S. Attorney McSwain. “The defendant’s illegal possession of an assault rifle, along with magazines of ammunition and a silencer, drives home this reality. With the Court’s sentence, the defendant will not be able to harm innocent civilians for the next two decades.”
“This sentence sends a stiff message to repeat-offender drug dealers who carry firearms: We will pursue all options when considering the protection of the public and that includes prosecution at the federal level,” said Lancaster County District Attorney Craig Stedman. “This collaboration of law-enforcement agencies has placed a dangerous individual in prison for decades.”
“Jose Gonzalez has demonstrated that he is a danger to the community who continued to prey on our local residents,” said Lancaster City Police Chief Jarrad Berkihiser. “Gonzalez was clearly making a considerable amount of money selling poison in our community and was prepared to defend his operation by illegally possessing an AK-47 rifle with an illegal silencer. Gonzalez thumbed his nose at the criminal justice system, the laws of the Commonwealth and the laws of the United States by being a convicted felon and continuing to commit criminal offenses while on bail for other drug related charges. This conviction shows the dedication and partnership between local, state, and federal law enforcement. The Lancaster City Police, the Lancaster County Drug Task Force and our Federal partners will not be deterred in continuing our proactive approach to the ongoing opioid epidemic and removing violent criminals from our communities. I commend the officers, investigators, the U.S. Attorney’s Office and the Lancaster County District Attorney for their work in this case.”
The case was investigated by the Lancaster County Drug Task Force, the Lancaster Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Sean P. McDonnell.
Kingston Woman Charged with Additional Drug Trafficking OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury returned a superseding indictment on August 21, 2018, charging Shavonne Saxon, age 30, of Kingston, Pennsylvania, with conspiring to distribute and possess with the intent to distribute cocaine hydrochloride and crack cocaine.
According to United States Attorney David J. Freed, the superseding indictment charges Saxon with conspiring to distribute both cocaine hydrochloride and in excess of 28 grams of cocaine base (crack), between September 2016 and April 2017. Saxon previously was indicted in April 2017 for possessing with the intent to distribute more than 28 grams of cocaine base, and with possessing with the intent to distribute cocaine, in March and April 2017. Saxon also was charged with possessing a firearm in furtherance of her narcotics trafficking and with being a felon in possession of a firearm and ammunition.
Saxon has remained in custody since her April 2017 arrest.
The matter was investigated by the Bureau of Alcohol Tobacco, Firearms and Explosives and by the Kingston Police Department. Assistant United States Attorney Phillip J. Caraballo is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalties under federal law for the charges are life imprisonment. The charges for conspiring to distribute and possessing over 28 grams of crack cocaine carries a 10-year mandatory minimum sentence of imprisonment, while the charge for possessing a firearm in furtherance of narcotics trafficking carries a five-year mandatory minimum sentence of imprisonment that runs consecutive to any other term of imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Kentucky Pharmacy Owner Pleads Guilty to Misbranding ConspiracyRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that Karl O’Dell, 61, a pharmacist and owner of a pharmacy in Ashland, Kentucky, pled guilty yesterday to a conspiracy to misbrand oxycodone and hydrocodone. Stuart praised the investigation conducted by the Food and Drug Administration, the U.S. Department of Health and Human Services - Office of Inspector General, Internal Revenue Service – Criminal Investigations, the Kentucky State Police, the Kentucky Board of Pharmacy, the West Virginia State Police, and the Drug Enforcement Administration.
“West Virginia is in the midst of the worst drug crisis of our time,” said United States Attorney Mike Stuart. “We will use every federal law available to us to hold those contributing to the opioid crisis accountable, regardless of whether they are a street dealer, cartel leader or a medical professional in a lab coat.”
O’Dell admitted that he conspired to misbrand oxycodone and hydrocodone and introduced them into interstate commerce when he manufactured compounded oxycodone and hydrocodone not for medically legitimate purposes in anticipation of prescriptions written by HOPE Clinic practitioners for their customers. O’Dell admitted that in furtherance of the conspiracy, on two separate occasions, once in July 2014 and once in August 2014, he received and filled two prescriptions for 120 oxycodone 32mg compounded capsules written by two different HOPE Clinic practitioners for two different customers.
O’Dell faces up to 1 year in prison and a $100,000 fine when he is sentenced on November 29, 2018. In addition he has agreed to the filing of a civil complaint for over $42,000 of illegal proceeds he received as a result of the misbranding conspiracy.
Assistant United States Attorney Monica D. Coleman is handling the prosecution. United States District Judge Irene Berger presided over the plea hearing.
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Justice Department takes first-of-its-kind legal action to reduce opioid overprescribingRead the Press Release
The Justice Department filed a complaint to bar two Ohio doctors from prescribing medications after an investigation revealed they recklessly and unnecessarily distributed painkillers and other drugs. Temporary restraining orders—a first-of-its-kind against doctors allegedly prescribing opioids illegally under the Controlled Substances Act (CSA)—were served this week that forbid Michael P. Tricaso, D.O., of Akron, and Gregory J. Gerber, M.D., of Sandusky, from writing prescriptions.
Attorney General Jeff Sessions was joined by U.S. Attorney for the Northern District of Ohio Justin Herdman and other Justice Department officials in Cleveland today to make the announcement.
On March 19, 2018, President Trump announced the Initiative to Stop Opioid Abuse and Reduce Drug Supply and Demand. The initiative seeks to “reduce the over-prescription of opioids which has the potential to lead Americans down a path to addiction or facilitate diversion to illicit use.”
Pursuant to the President’s Initiative and as part of the goal to reduce opioid over-prescription, the Justice Department’s Prescription Interdiction & Litigation (PIL) Task Force aggressively deploys and coordinates all available criminal and civil law enforcement tools to reverse the tide of opioid overdoses in the United States.
As a result of the PIL Task Force’s efforts, Attorney General Sessions’ announcement of the temporary restraining orders for Triasco and Geber mark the first ever civil injunctions under the CSA against doctors who allegedly prescribed opioids illegally.
Making the announcement, Attorney General Jeff Sessions said, “Today’s announcements are a warning to every trafficker, every crooked doctor or pharmacist, and every drug company, every chairman and foreign national and company that puts greed before the lives and health of the American people: this Justice Department will use civil and criminal penalties alike and we will find you, put you in jail, or make you pay.”
“These doctors were simply drug dealers in white lab coats,” said U.S. Attorney Justin Herdman. “They illegally prescribed painkillers and other drugs for no legitimate medical purpose. Putting so-called physicians like these out of business is one of several steps we are taking to turn the tide on the opioid and drug crisis that has caused so much death and heartbreak in our community.”
“The physicians in this investigation were nothing short of automatic prescription machines to anyone who solicited,” said DEA Special Agent in Charge Timothy Plancon. “Their reckless actions and corruption has had a tremendous affect in opioid addiction that is plaguing America. Agents are working in communities affected by the opioid epidemic and the DEA’s upmost priority, is arresting and dismantling the largest opioid traffickers, such as Tricaso and Gerber. We will not stop until illegal trafficking of prescription pills and other harmful drugs are out of Northern Ohio and off the streets of America.”
“Excessive prescribing and reckless distribution of opioids and other drugs have harmed our communities and fueled the public health crisis we are currently dealing with,” said Ohio Attorney General Mike DeWine. “At the Ohio Attorney General’s Office, we are committed to protecting Ohio families and collaborating with our law enforcement partners to ensure that those who ignore the law, put people at risk, and contribute to this crisis are held accountable for their actions.”
According to documents filed in U.S. District Court for the Northern District of Ohio, Tricaso operates the Better Living Clinic, currently located at 1236 Weathervane Lane, Suite 300, in Akron. He promotes the Better Living Clinic at gyms across Northeast Ohio and also serves as the “gym doctor” at a gym in Painesville.
In May 2016, Tricaso met a confidential source (CS1), who was working for the DEA, at a gym. Tricaso sold CS1 steroids and other controlled substances numerous times this year.
CS1 met Tricaso at a hotel parking lot on June 26, 2018, where CS1 asked Tricaso for a prescription of the opioid Vicodin. Tricaso declined because he does not “like writing scripts,” but offered to provide CS1 with Percocet without a prescription. According to court documents, Triasco told CS1, “It’s easier for me to get them for you, than to write a script, ‘cause it gets traced, you know? So, how many would you want? I mean, I can get them for like five bucks apiece…I can probably get like 50 to 100 of them…”
Tricaso later texted to CS1 that he could sell him 50 Percocet pills for $500 and write a prescription for 20 Percocet, which Tricaso described as an “under the radar amount and won’t be a red flag.”
On July 2, Tricaso met CS1 in the hotel parking lot, where Tricaso sold 50 Percocet for $500 and wrote CS1 a prescription for 20 Percocet.
On July 18, Tricaso and CS1 met again in the hotel parking lot, where Tricaso sold CS1 100 Percocet for $1,000.
Tricaso is alleged to have violated the CSA.
Gerber operated Gregory J. Gerber, M.D. LLC from 2819 Hayes Avenue, Suite 4 in Sandusky. Gerber received $175,000 between 2013 and 2016 from Insys Therapeutics, Inc. to promote Subsys, a liquid formulation of fentanyl applied under the tongue a spray used to treat cancer-related pain. These payments violate the False Claims Act prohibition against kickbacks, according to the complaint.
Gerber in October 2017 began seeing an undercover agent. The undercover agent did not complain of pain during each of their six visits with Gerber and received a minimal medical examination, but each time Gerber prescribed controlled substances for the undercover agent, including Oxycodone, Dronabinol and alprazolam.
Gerber is alleged to have violated the CSA and the False Claims Act.
Both investigations are ongoing.
“These doctors pledged an oath dedicating their lives to treating patients but instead they traded that commitment for the pursuit of ill-gotten profits through the fraudulent prescribing of opioids,” said FBI Special Agent in Charge Stephen D. Anthony. “This case should serve as a warning to other physicians of the perils of engaging in such activities, law enforcement will continue collaborative efforts to hold individuals accountable.”
“We rely on doctors to be part of the solution to the opioid epidemic -- not part of the problem,” said Special Agent in Charge Lamont Pugh of the U.S. Department of Health and Human Services Office of Inspector General. “We will continue our aggressive efforts to protect patients and taxpayers from physicians who abuse their position in order to enrich themselves.”
“The State of Ohio Board of Pharmacy is committed to protecting Ohio patients from criminal prescribing practices,” said Executive Director Steven Schierholt. “I applaud the coordinated efforts at the local, state, and federal level. By enforcing state and federal regulations, these criminal prescribers can be stopped.”
These cases were investigated by the Drug Enforcement Administration, the Federal Bureau of Investigation, Health and Human Services – Office of Inspector General, the Ohio Attorney General’s Medicaid Fraud Control Unit, the State of Ohio Board of Pharmacy, the Cuyahoga Falls Police Department, the State Medical Board of Ohio, the PIL Task Force, and the Justice Department’s Civil Division, Consumer Protection Branch.
These cases are being handled by Assistant U.S. Attorneys Patricia Fitzgerald, Margaret Sweeney, Matthew Cronin, Angelita Cruz Bridges, Gene Crawford, and Chelsea Rice.
If people have information about their interactions with Dr. Gerber, they are encouraged to call 419-254-2803.Justice Department Takes First-of-its-Kind-Legal Action to Reduce Opioid Over-PrescriptionRead the Press Release
The Justice Department filed a complaint to bar two Ohio doctors from prescribing medications after an investigation revealed they recklessly and unnecessarily distributed painkillers and other drugs. Temporary restraining orders—a first-of-its-kind against doctors allegedly prescribing opioids illegally under the Controlled Substances Act (CSA)—were served this week that forbid Michael P. Tricaso, D.O., of Akron, and Gregory J. Gerber, M.D., of Sandusky, from writing prescriptions.
Attorney General Jeff Sessions was joined by U.S. Attorney for the Northern District of Ohio Justin Herdman and other Justice Department officials in Cleveland today to make the announcement.
On March 19, 2018, President Trump announced the Initiative to Stop Opioid Abuse and Reduce Drug Supply and Demand. The initiative seeks to “reduce the over-prescription of opioids which has the potential to lead Americans down a path to addiction or facilitate diversion to illicit use.”
Pursuant to the President’s Initiative and as part of the goal to reduce opioid over-prescription, the Justice Department’s Prescription Interdiction & Litigation (PIL) Task Force aggressively deploys and coordinates all available criminal and civil law enforcement tools to reverse the tide of opioid overdoses in the United States.
As a result of the PIL Task Force’s efforts, Attorney General Sessions’ announcement of the temporary restraining orders for Triasco and Geber mark the first ever civil injunctions under the CSA against doctors who allegedly prescribed opioids illegally.
Making the announcement, Attorney General Jeff Sessions said, “Today’s announcements are a warning to every trafficker, every crooked doctor or pharmacist, and every drug company, every chairman and foreign national and company that puts greed before the lives and health of the American people: this Justice Department will use civil and criminal penalties alike and we will find you, put you in jail, or make you pay.”
“These doctors were simply drug dealers in white lab coats,” said U.S. Attorney Justin Herdman. “They illegally prescribed painkillers and other drugs for no legitimate medical purpose. Putting so-called physicians like these out of business is one of several steps we are taking to turn the tide on the opioid and drug crisis that has caused so much death and heartbreak in our community.”
“The physicians in this investigation were nothing short of automatic prescription machines to anyone who solicited,” said DEA Special Agent in Charge Timothy Plancon. “Their reckless actions and corruption has had a tremendous affect in opioid addiction that is plaguing America. Agents are working in communities affected by the opioid epidemic and the DEA’s upmost priority, is arresting and dismantling the largest opioid traffickers, such as Tricaso and Gerber. We will not stop until illegal trafficking of prescription pills and other harmful drugs are out of Northern Ohio and off the streets of America.”
“Excessive prescribing and reckless distribution of opioids and other drugs have harmed our communities and fueled the public health crisis we are currently dealing with,” said Ohio Attorney General Mike DeWine. “At the Ohio Attorney General’s Office, we are committed to protecting Ohio families and collaborating with our law enforcement partners to ensure that those who ignore the law, put people at risk, and contribute to this crisis are held accountable for their actions.”
According to documents filed in U.S. District Court for the Northern District of Ohio, Tricaso operates the Better Living Clinic, currently located at 1236 Weathervane Lane, Suite 300, in Akron. He promotes the Better Living Clinic at gyms across Northeast Ohio and also serves as the “gym doctor” at a gym in Painesville.
In May 2016, Tricaso met a confidential source (CS1), who was working for the DEA, at a gym. Tricaso sold CS1 steroids and other controlled substances numerous times this year.
CS1 met Tricaso at a hotel parking lot on June 26, 2018, where CS1 asked Tricaso for a prescription of the opioid Vicodin. Tricaso declined because he does not “like writing scripts,” but offered to provide CS1 with Percocet without a prescription. According to court documents, Triasco told CS1, “It’s easier for me to get them for you, than to write a script, ‘cause it gets traced, you know? So, how many would you want? I mean, I can get them for like five bucks apiece…I can probably get like 50 to 100 of them…”
Tricaso later texted to CS1 that he could sell him 50 Percocet pills for $500 and write a prescription for 20 Percocet, which Tricaso described as an “under the radar amount and won’t be a red flag.”
On July 2, Tricaso met CS1 in the hotel parking lot, where Tricaso sold 50 Percocet for $500 and wrote CS1 a prescription for 20 Percocet.
On July 18, Tricaso and CS1 met again in the hotel parking lot, where Tricaso sold CS1 100 Percocet for $1,000.
Tricaso is alleged to have violated the CSA.
Gerber operated Gregory J. Gerber, M.D. LLC from 2819 Hayes Avenue, Suite 4 in Sandusky. Gerber received $175,000 between 2013 and 2016 from Insys Therapeutics, Inc. to promote Subsys, a liquid formulation of fentanyl applied under the tongue a spray used to treat cancer-related pain. These payments violate the False Claims Act prohibition against kickbacks, according to the complaint.
Gerber in October 2017 began seeing an undercover agent. The undercover agent did not complain of pain during each of their six visits with Gerber and received a minimal medical examination, but each time Gerber prescribed controlled substances for the undercover agent, including Oxycodone, Dronabinol and alprazolam.
Gerber is alleged to have violated the CSA and the False Claims Act.
Both investigations are ongoing.
“These doctors pledged an oath dedicating their lives to treating patients but instead they traded that commitment for the pursuit of ill-gotten profits through the fraudulent prescribing of opioids,” said FBI Special Agent in Charge Stephen D. Anthony. “This case should serve as a warning to other physicians of the perils of engaging in such activities, law enforcement will continue collaborative efforts to hold individuals accountable.”
“We rely on doctors to be part of the solution to the opioid epidemic -- not part of the problem,” said Special Agent in Charge Lamont Pugh of the U.S. Department of Health and Human Services Office of Inspector General. “We will continue our aggressive efforts to protect patients and taxpayers from physicians who abuse their position in order to enrich themselves.”
“The State of Ohio Board of Pharmacy is committed to protecting Ohio patients from criminal prescribing practices,” said Executive Director Steven Schierholt. “I applaud the coordinated efforts at the local, state, and federal level. By enforcing state and federal regulations, these criminal prescribers can be stopped.”
These cases were investigated by the Drug Enforcement Administration, the Federal Bureau of Investigation, Health and Human Services – Office of Inspector General, the Ohio Attorney General’s Medicaid Fraud Control Unit, the State of Ohio Board of Pharmacy, the Cuyahoga Falls Police Department, the State Medical Board of Ohio, and other members of the PIL Task Force.
These cases are being handled by Assistant U.S. Attorneys Patricia Fitzgerald, Margaret Sweeney, Matthew Cronin, Angelita Cruz Bridges, Gene Crawford, and Chelsea Rice, with assistance from Deputy Director Jill Furman and Trial Attorneys James Harlow and David Frank of the Department of Justice’s Consumer Protection Branch.
If people have information about their interactions with Dr. Gerber, they are encouraged to call 419-254-2803.Justice Department Secures Denaturalization of Convicted War Criminal Who Fraudulently Obtained Refugee Status and U.S. CitizenshipRead the Press Release
On August 15, Judge Thomas F. Hogan of the U.S. District Court for the District of Columbia entered an order that revoked the naturalized U.S. citizenship of a convicted war criminal. The court held that defendant Edin Dzeko, a native of the former Yugoslavia, procured his U.S. citizenship illegally and by concealment of material facts and willful misrepresentation. The court’s order was based, in part, on Dzeko’s admission that he misrepresented and concealed his military service on immigration forms and lied while under oath at his naturalization interview.
“War criminals are not entitled to safe haven in the United States, and we will not allow individuals who commit such atrocities to take advantage of our immigration system,” said Acting Assistant Attorney General Chad A. Readler. “This case sends the message that the Department will remain resolute in our commitment to prosecute those who seek to gain, or have gained, U.S. citizenship unlawfully.”
“This case demonstrates that the United States will protect the integrity of its refugee programs,” said U.S. Attorney Jessie K. Liu. “Working with our law enforcement partners, we will continue to target war criminals who attempt to abuse the process to gain entry into our country.”
Dzeko, 46, was part of an elite unit of the Army of the Republic of Bosnia and Herzegovina that attacked the village of Trusina in April 1993, in what is known as the Trusina massacre. The unit allegedly targeted Bosnian Croats who resided in the village because of their Christian religion and Croat ethnicity, killing 22 unarmed individuals including women and the elderly. A Bosnian court previously found that Dzeko played a key role in the massacre, serving as part of a firing squad that executed six unarmed prisoners of war and civilians. Dzeko was admitted to the United States as a refugee before naturalizing in 2006.
In June 2014, Dzeko was convicted in a Bosnian court of war crimes against prisoners of war and war crimes against civilians, and held responsible for eight killings, including the six described above. Dzeko is still serving his 13-year prison sentence in Bosnia and Herzegovina. The Justice Department is also pursuing the denaturalization of Sammy Rasema Yetisen, aka Rasema Handanovic, one of Dzeko’s fellow soldiers and another perpetrator of the Trusina massacre.
“Those who commit such acts of inhumanity and abuse may not use lies and deceit to fraudulently call this country home,” said Brad Bench, Special Agent in Charge of Homeland Security Investigations (HSI) Seattle. “Today’s announcement marks the necessary carriage of justice, and I am proud of the professional investigators who upheld the law and order that defines our nation.”
This case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations Human Rights Violator and War Crimes Unit and the Civil Division’s Office of Immigration Litigation, District Court Section (OIL-DCS) National Security and Affirmative Litigation Unit (NS/A Unit), with consultation and support from ICE’s Office of the Principal Legal Advisor (OPLA) Human Rights Law Section and Seattle Office of the Chief Counsel, and the Criminal Division’s Human Rights and Special Prosecutions Section.
The case was jointly prosecuted by Deputy Chief Timothy Belsan and Senior Counsel for National Security Aram Gavoor of OIL-DCS’s NS/A Unit and Trial Attorney Steven Platt of OIL-DCS, and Assistant U.S. Attorney Wynne Kelly of the U.S. Attorney’s Office for the District of Columbia.
Members of the public who have information about foreign nationals or naturalized U.S. citizens suspected of engaging in human rights abuses or war crimes are encouraged to call the ICE tip line at 1-866-DHS-2-ICE or to complete its online tip form; or the Justice Department’s Human Rights and Special Prosecutions Section at 1-202-616-2492. Callers may remain anonymous.
Jury Convicts KC Man of Illegal FirearmRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., man was convicted by a federal trial jury today of illegally possessing a firearm.
Laron J. Wainwright, 43, was found guilty of being a felon in possession of a firearm.
Evidence introduced during the trial indicated that Wainwright was in possession of a Jimenez 9mm semi-automatic handgun, which had been reported as stolen, on April 5, 2015.
According to court documents, Kansas City, Mo., police officers were dispatched to the area of 11th Street and Prospect Avenue on April 5, 2015, to investigate suspicious drug activity in the park. When they contacted Wainwright, he fled and led officers on a pursuit through the park. As Wainwright ran onto Prospect Avenue, an officer saw the loaded Jimenez 9mm handgun fall onto the street. Wainwright continued running to a nearby apartment building; he attempted to get into the building but was unable to do so, and he was placed under arrest.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Wainwright has three prior felony convictions for distribution of a controlled substance, two prior felony convictions for possession of a controlled substance and a prior felony conviction for unlawful use of a weapon.
Following the presentation of evidence, the jury in the U.S. District Court in Kansas City, Mo., deliberated for about two hours before returning the guilty verdicts to U.S. District Judge Beth Phillips, ending a trial that began Monday, Aug. 20, 2018.
Under federal statutes, Wainwright is subject to a mandatory minimum sentence of 15 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. 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. Attorneys Stefan C. Hughes and Matthew Moeder. It was investigated by the Kansas City, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Jury Convicts Dentist of False Tax Return ChargesRead 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 Charles Weber, 62, of Snyder, NY, was convicted after a jury trial of two counts of making and subscribing a false tax return. The charges carry a maximum penalty of three years in prison, a fine of $250,000 or both.
Assistant U.S. Attorneys MaryEllen Kresse and Stephanie Lamarque, who handled the prosecution of the case, stated that, prior to 2009, Weber, a dentist, was operating a private dental practice in Williamsville, New York. In April 2009, he filed tax returns for the 2006 and 2007 tax years in which he falsely stated that he was not a United States citizen and had not been present in the United States at any time during 2006 or 2007. Weber also falsely stated that his only taxable income in 2006 and 2007 came from dividends. Weber, who was born in the United States, lived in Snyder, New York and worked in Williamsville, New York, knew that he was a United States citizen and that he had been living and working in the United States in 2006 and 2007. Weber also knew that in 2006, in addition to his income from dividends, his gross receipts from his dental business had been in excess of $297,000, and that, in 2007, in addition to his income from dividends, his gross receipts from his dental business had been in excess of $283,000.
The trial verdict is the result of an investigation by Special Agents with the Internal Revenue Service, Criminal Investigation, under the direction of Special Agent-In-Charge James D. Robnett, New York Field Office.
Sentencing is scheduled for December 6, 2018 at 12:30 before U.S. District Judge Richard J. Arcara who presided over the trial of the case.
Johnstown Heroin Dealer Sentenced to 6 Years in Federal PrisonRead the Press Release
JOHNSTOWN, Pa. – A resident of Johnstown, Pa. has been sentenced in federal court in Johnstown to 72 months in prison and three years’ supervised release on his conviction of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
United States District Judge Kim R. Gibson imposed the sentence on Daniel Culmer, 51, of 401 Decker Ave., Johnstown, Pa.
According to information presented to the court, on June 7, 2016, Culmer distributed less than 100 grams of heroin.
Assistant United States Attorney Stephanie L. Haines prosecuted this case on behalf of the government.
Mr. Brady commended the Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Cambria County Drug Task Force for the investigation that led to the prosecution of Culmer.
Jackson County Resident Sentenced for Methamphetamine OffensesRead the Press Release
On August 21, 2018, Robert F. Humphrey, 47, of Elkville, Illinois, was sentenced to 200 months in federal prison for methamphetamine offenses, United States Attorney for the Southern District of Illinois Steven D. Weinhoeft announced today. Humphrey previously pled guilty to a two-count indictment charging conspiracy to distribute more than 50 grams of methamphetamine and conspiracy to possess pseudoephedrine knowing that it would be used to manufacture methamphetamine.
Evidence at the plea and sentencing established that, between January 2015 and April 2017, Humphrey was involved with co-defendant Krystle Sands and others in the manufacture and distribution of methamphetamine in Jackson, Williamson, and Saline Counties. At sentencing, the district judge found that Humphrey was responsible for the possession of 186.96 grams of pseudoephedrine and the distribution of 1.02 kilograms of "ice." Ice is methamphetamine which has a purity level of at least 80%. Humphrey received a sentence enhancement for his reckless endangerment of others during a pursuit with law enforcement. Co-defendant Sands pled guilty to the methamphetamine offenses and is currently being held without bond pending her August 27, 2018 sentencing hearing.
After he is released from prison, Humphrey will spend eight years on supervised release. He was also ordered to pay fines totaling $400.00.
The investigation was conducted by the Jackson County Sheriff’s Office and Elkville Police Department. The Southern Illinois Drug Task Force and Jackson County States Attorney’s Office also assisted in the investigation.
Illegal Alien Sentenced to Prison for Document FraudRead the Press Release
A Mexican man who used false identification documents to obtain a job was sentenced today to almost four months in federal prison.
Rogelio Lagunas-Chavez, age 32, a citizen of Mexico illegally present in the United States and living in Cedar Rapids, Iowa, received the prison term after a May 24, 2018, guilty plea to one count of unlawful use of identification documents.
At the guilty plea, Lagunas-Chavez admitted he used a fraudulent Social Security card and a fraudulent permanent resident card, also known as a “green card,” when he completed an employment form on March 7, 2016, at a business in Cedar Rapids, Iowa. The Social Security number and the Alien Registration number on the “green card” were issued to other persons. Lagunas-Chavez also used the same fraudulent Social Security card and “green card” when applying for work in Cedar Rapids in March 2007.
During a one week period in May 2006, Lagunas-Chavez illegally entered the United States and was returned to Mexico by immigration officials four times. He most recently came to the attention of immigration following his arrest in Linn County, Iowa, for operating while intoxicated (OWI) in April 2018. That matter remains pending.
Lagunas-Chavez was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Lagunas-Chavez was sentenced to 119 days’ imprisonment. He must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system.
Lagunas-Chavez is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-38-LTS.
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High School Teacher Charged with Child Pornography OffensesRead the Press Release
BOSTON – A Narraganset School District high school math teacher was arrested and charged yesterday in federal court in Boston with receipt and possession of child pornography.
Warren Anderson, 26, of Lowell and Harvard, was charged with one count each of receipt and possession of child pornography. Anderson appeared before Magistrate Judge Donald L. Cabell yesterday afternoon and was ordered detained pending a probable cause and detention hearing on Monday, August 27th.
According to court records, law enforcement interviewed Anderson as part of an ongoing investigation into the online trade of child pornography through the use of Kik messenger. Anderson admitted to accessing websites on the dark web to obtain child pornography.
A preliminary on-scene forensic analysis by federal agents revealed the presence of child pornography including a video of an adult male repeatedly sexually assaulting a naked four-year-old girl, and an image of a child between the ages of three-and-five-years old - with visible tears in her eyes - being sexually assaulted by an adult male.
The charge of receipt of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison. The charge of possession of child pornography provides for a sentence of no greater than 10 years in prison. Both charges also provide for a mandatory minimum sentence of five years and up to a lifetime of supervised release and a fine of up to $250,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations, made the announcement today. Assistance was provided by the Harvard and Templeton Police Departments. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.
Members of the public who have questions, concerns or information regarding this case should call 617-748-3274.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Hartford Man Sentenced to More Than 8 Years in Federal Prison for Role in Drug RingRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that GERARD BROWN, also known as “Goldie,” 38, of Hartford, was sentenced today by Senior U.S. District Judge Alfred V. Covello in Hartford to 100 months of imprisonment, followed by five years supervised release, for his role in a cocaine and crack cocaine distribution ring.
According to court documents and statements made in court, this matter stems from an investigation headed by the FBI’s Northern Connecticut Violent Crimes Task Force and the Hartford Police Department that targeted a drug trafficking organization operating in Hartford’s North End. The investigation revealed that David Gil-Grande, of Manchester, received shipments of cocaine, secreted in sealed coffee cans, from Puerto Rico. He then supplied the cocaine to BROWN, Anthony “Pretty” Shelton, who is BROWN’s brother, and Trevon “B.J.” Terry. BROWN, Shelton and Terry then converted much of the cocaine into crack and distributed both forms of the drug in the area of Barbour Street in Hartford.
Twenty individuals were charged and convicted as a result of the investigation.
BROWN has been detained since his arrest on January 21, 2016. On that date, a search of BROWN’s Kensington Street residence revealed items used to process and package narcotics for street sale, and a search of BROWN’s person revealed $2,693 in cash.
On April 10, 2017, BROWN pleaded guilty to one count of conspiracy to possess with intent to distribute 500 grams or more of cocaine
BROWN has forfeited the cash that was seized from him at the time of his arrest.
BROWN’s criminal history includes state firearm and drug convictions, and a robbery conviction for which he was sentenced to 18 years of incarceration, suspended after seven years.
Gil-Grande, Shelton and Terry previously pleaded guilty to related charges. On January 31, 2017, Gil-Grande was sentenced to 70 months of imprisonment, on December 18, 2017, Terry was sentenced to 57 months of imprisonment and, on August 7, 2018, Shelton was sentenced to 110 months of imprisonment.
This matter was investigated by the Federal Bureau of Investigation’s Northern Connecticut Violent Crimes Task Force, which includes members of the Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction. The Hartford Police Department’s Vice and Narcotics Division and the Drug Enforcement Administration have provided valuable assistance to the investigation.
This case is being prosecuted by Assistant U.S. Attorney Brian P. Leaming.
Gun Trafficker Sentenced to 10 years in Federal Prison for Illegally Possessing a FirearmRead the Press Release
Gulfport, Miss – Damien S. Pinckney, 36, of Goose Creek, South Carolina, was sentenced yesterday by U.S. District Judge Sul Ozerden to the maximum penalty of 120 months in federal prison, followed by three years of supervised release, for being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives. He was also ordered to pay an $8,000 fine.
Pinckney and a co-conspirator offered to trade money and high-caliber firearms for drugs to take back to South Carolina from Gulfport, Mississippi. During the transaction in Gulfport, agents seized the money and firearms offered by Pinckney and his co-conspirator. Pinckney, who has prior felony drug convictions in South Carolina, was subsequently arrested and convicted of being a felon in possession of a firearm.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives along with the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Annette Williams.
Gulfport Man Pleads Guilty to Felon in Possession of a FirearmRead the Press Release
Gulfport, Miss – Ronald David Barker, 40, of Gulfport, entered a guilty plea today before U.S. District Judge Sul Ozerden to being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Barker faces a maximum penalty of 10 years in prison for the firearm charge. He further faces fines of up to $250,000 along with 3 years of supervised release. He will be sentenced by Judge Ozerden on December 3, 2018, at 10:00 a.m.
Barker was previously convicted of conspiracy to possess with intent to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking in 2008, in New Orleans. On December 30, 2016, Barker pawned a rifle in Harrison County, Mississippi. On January 4, 2017, the owner noticed the firearm was missing and reported it stolen. Harrison County Sheriff’s Department enforcement discovered Barker had pawned it and that he was a convicted felon on supervised release for his prior felony.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. It is being prosecuted by Assistant United States Attorney Annette Williams.
Gulfport Man Pleads Guilty to Felon in Possession of a FirearmRead the Press Release
Gulfport, Miss – Keith Bernard Gardner, 24, of Gulfport, entered a guilty plea today before U.S. District Judge Sul Ozerden to being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Gardner faces a maximum penalty of 10 years in prison for the firearm charge. He further faces fines of up to $250,000 along with three years of supervised release. He will be sentenced by Judge Ozerden on December 6, 2018, at 9:00 a.m.
Gardner was convicted in Harrison County Circuit Court in 2014 of transfer of a controlled substance. On November 26, 2016, Gulfport Police responded to an apartment parking lot for shots fired. They found Gardner and others in a car with the obvious smell of marijuana. On searching the car, police found cocaine, marijuana, digital scales and two hand guns. Gardner admitted a Ruger pistol with an obliterated serial number was his.
The Gulfport Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. It is being prosecuted by Assistant United States Attorney Annette Williams.
Guatemalan National Pleads Guilty to Making False Statement on Passport Application and to Illegal ReentryRead the Press Release
U.S. Attorney Duane A. Evans announced that RINA PAOLA CONDE GARCIA, age 37, a citizen of Guatemala, pleaded guilty today to a two-count indictment for making false statements on a passport application, in violation of Title 18, United States Code, Section 1542, and for illegal reentry of a removed alien, in violation of Title 8, United States Code, Section 1326(a).
According to the indictment, on or about April 6, 2017, CONDE GARCIA applied for a passport and falsely stated that she was born in Puerto Rico, when in fact she was not. Further, on or about July 24, 2017, CONDE GARCIA was found in the United States after having been officially deported and removed on or about January 4, 2006.
CONDE GARCIA faces a maximum term of imprisonment of ten years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment. U.S. District Judge Susie Morgan will sentence CONDE GARCIA on October 3, 2018.
U.S. Attorney Duane A. Evans praised the work of the Department of State’s Diplomatic Security Service in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
Guatemalan National Pleads Guilty to Illegal Reentry After DeportationRead the Press Release
BOSTON - A Guatemalan national pleaded guilty today in federal court in Boston to illegally reentering the United States after being deported.
Julio Cantoral Monterroso, 39, a Guatemalan national previously residing in Great Falls, R.I., pleaded guilty today to one count of illegal reentry of a deported alien. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for Nov. 13, 2018.
On May 17, 2018, law enforcement officers in Dedham encountered Monterroso and determined him to be illegally present in the United States. Monterroso was previously deported on Aug. 21, 2002, and again on May 12, 2011.
Monterroso faces a sentence of no greater than two years in prison, one year of supervised release, a fine of $250,000, and will be subject to deportation upon completion of his sentence. 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 Rebecca Adducci, Interim Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney David G. Tobin of Lelling’s Major Crimes Unit is prosecuting the case.
Four Aliens Indicted on Illegal Reentry Charges and Unlawful Flight to Avoid ProsecutionRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging JUAN CHAVEZ-MORALES, age 42, of Mexico, GUADALUPE VASQUEZ, age 34, of Mexico, and VICTOR RODOLFO RIOS-LOPEZ, age 30, of Mexico, with illegal reentry of a deported alien.
Additionally, a federal grand jury in Raleigh has returned an indictment charging JESUS MENDEZ-ROCHA, age 40, of Mexico, with unlawful flight to avoid prosecution.
If convicted of illegal reentry of a deported alien, CHAVEZ-MORALES, previously deported three times and found in Johnston County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of illegal reentry subsequent to a felony conviction, VASQUEZ, previously deported four times and found in New Hanover County after being convicted of possession/purchase for sale narcotic/controlled substance, and RIOS-LOPEZ, previously deported three times and found in Wake County after being convicted of reentry of a previously removed alien, would face a maximum imprisonment term of 10 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
According to a criminal complaint, MENDEZ-ROCHA was wanted in Brunswick County on charges of Incest and Sex Acts by a Substitute Parent. Court records further indicate that MENDEZ-ROCHA had returned to Mexico soon after being confronted with the allegations. MENDEZ-ROCHA was charged in a criminal complaint with unlawful flight to avoid prosecution after being arrested by the United States Border Patrol under the name “Jesus Mendez-Bellanira” for illegally entering into the United States. If convicted, MENDEZ-ROCHA would face a maximum imprisonment term of 5 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The cases are being investigated by ICE’s Enforcement and Removal Operations and the United States Marshals Service.
Founder of Lee County-Based Company Pleads Guilty to Securities FraudRead the Press Release
Montgomery, Alabama – On Wednesday, August 22, 2018, Kyle Geoffrey Sandler, 42, of Auburn, Alabama, pleaded guilty to one count of wire fraud and one count of securities fraud, announced Louis V. Franklin, Sr., U.S. Attorney for the Middle District of Alabama, James E. Jewell, Special Agent in Charge for the FBI, and Joseph P. Borg, Director of the Alabama Securities Commission.
The charges stemmed from Sandler soliciting and accepting over $1.8 million dollars from more than 50 investors in a scheme to defraud them. According to court records, from 2015 through 2016, Sandler founded and managed The Roundhouse LLC (Roundhouse), based in Lee County, Alabama. Throughout the Auburn and Opelika communities, Sandler advertised that Roundhouse was a business incubator company that helped develop new and startup companies by providing services such as venture capital, office space, 1-gigabit internet and management training.
During the course of business, Sandler made numerous misrepresentations and failed to share important information about his past. For example, he held himself out as a successful entrepreneur and former employee of Google, which, according to Sandler, paid him millions of dollars for his work during the time he worked there. Investors, relying on Sandler’s represented experience and expertise, turned over approximately $1.8 million dollars in investment funds to be used to further the business of Roundhouse. However, Sandler never actually worked for Google and he was using the investor funds for personal expenses such as childcare services, rent payments, purchases of automobiles and other personal needs.
In exchange for the fraudulently obtained investments, Sandler issued stock in Roundhouse and oversold the equity by approximately one hundred percent. Further, Sandler had prior felony convictions based on fraudulent conduct. He was required by law to disclose these prior felonies to potential investors.
Sandler faces a maximum sentence of 20 years’ imprisonment on each count of wire fraud and securities fraud, and a fine of not more than $5,000,000 on securities fraud.
“Sandler led people to believe he was a legitimate business man,” stated U.S. Attorney Franklin. “He took advantage of a community that trusted him as a business leader. We hope that this prosecution sends a clear message that such conduct will not be tolerated.”
FBI Special Agent in Charge James Jewell stated, “The FBI will continue to partner with the Alabama Securities Commission to ensure the victims of fraudulent investment schemes receive their full measure of justice. This justice is made possible through our strong relationships with agencies like the 37th Judicial Circuit District Attorney’s Office and the Opelika Police Department.”
Joseph P. Borg, Director of the Alabama Securities Commission said, “The Commission is always proud to partner with the U.S. Attorney’s Office, Middle District of Alabama, and the FBI, to protect Alabama investors and prevent the corruption of our capital markets. Sandler abused the trust of the community and we will continue to devote our efforts and resources to aggressively investigate and prosecute those who abuse that confidence.”
This case was investigated by the Federal Bureau of Investigation (FBI) and the Alabama Securities Commission, with assistance from the District Attorney’s Office for the 37th Judicial Circuit and the Opelika Police Department. The case was prosecuted by Assistant United States Attorneys Steven H. Lee and Denise O. Simpson, and Special Assistant United States Attorneys Amanda W. Senn and Stephen P. Feaga.
Former Swiss Bank Executive Pleads Guilty to Role in Billion-Dollar International Money Laundering Scheme Involving Funds Embezzled from Venezuelan State-Owned Oil CompanyRead the Press Release
The former managing director and vice chairman of a Swiss bank pleaded guilty today for his role in a billion-dollar international scheme to launder funds embezzled from Venezuelan state-owned oil company Petróleos de Venezuela, S.A. (PDVSA).U.S. Attorney Benjamin Greenberg of the Southern District of Florida, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, and Special Agent in Charge Mark Selby of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Miami Field Office made the announcement.
Matthias Krull, 44, a German national and Panamanian resident, pleaded guilty to one count of conspiracy to commit money laundering. He is scheduled to be sentenced on Oct. 29 by U.S. District Judge Cecilia M. Altonaga of the Southern District of Florida, who accepted his plea today.
As part of his plea, Krull admitted that in his position with the Swiss bank, he attracted private clients, particularly clients from Venezuela, to the bank. In this role, Krull’s clients included Francisco Convit Guruceaga, who was indicted on money laundering charges on Aug. 16. Krull’s clients also included three unnamed conspirators described in the Aug. 16 indictment.
Krull admitted that the conspiracy began in December 2014 with a currency exchange scheme that was designed to embezzle around $600 million from PDVSA, obtained through bribery and fraud, and the conspirators’ efforts to launder a portion of the proceeds of that scheme. By May 2015, the conspiracy had doubled in amount to $1.2 billion embezzled from PDVSA. PDVSA is Venezuela’s primary source of income and foreign currency (namely, U.S. Dollars and Euros). Krull joined the conspiracy in or around 2016, he admitted, when a co-conspirator contacted him to launder the proceeds of a PDVSA foreign-exchange embezzlement scheme.
Ultimately, Krull joined the conspiracy to launder $1.2 billion worth of funds that were embezzled from PDVSA, he admitted. Krull and members of the money laundering conspiracy used Miami, Florida real estate and sophisticated false-investment schemes to conceal that the $1.2 billion was in fact embezzled from PDVSA. Krull also admitted that surrounding and supporting these false-investment laundering schemes are complicit money managers, brokerage firms, banks and real estate investment firms in the United States and elsewhere, operating as a network of professional money launderers.
Krull’s co-conspirators indicted on Aug. 16 include former PDVSA officials, professional third-party money launderers, and members of the Venezuelan elite, sometimes known as “boliburgués.”
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case is the result of ongoing efforts by the Organized Crime Drug Enforcement Task Force’s (OCDETF) “Operation Money Flight,” a partnership among federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate and prosecute high-level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.
Mr. Greenberg and Mr. Benczkowski commended the investigative efforts of HSI Miami, HSI London, HSI Rome and HSI Madrid in this matter. This case is being prosecuted by Southern District of Florida Assistant U.S. Attorneys Francisco R. Maderal of the International Narcotics and Money Laundering Section and Michael Nadler of the Economic and Environmental Crimes Section and Assistant Chief David Johnson and Trial Attorney Gwendolyn Stamper of the Criminal Division’s Fraud Section. Assistant U.S. Attorney Nalina Sombuntham of the Southern District of Florida is handling the asset forfeiture.
The Criminal Division’s Office of International Affairs provided substantial assistance in this matter, and U.S. Customs and Border Protection; the National Crime Agency of the United Kingdom; and Italian, Spanish and Maltese law enforcement authorities provided assistance.
The Fraud Section is responsible for investigating and prosecuting all Foreign Corrupt Practices Act (FCPA) matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
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 at http://pacer.flsd.uscourts.gov.
Former Swiss Bank Executive Pleads Guilty to Role in Billion-Dollar International Money Laundering Scheme Involving Funds Embezzled from Venezuelan State-Owned Oil CompanyRead the Press Release
The former managing director and vice chairman of a Swiss bank pleaded guilty today for his role in a billion-dollar international scheme to launder funds embezzled from Venezuelan state-owned oil company Petróleos de Venezuela, S.A. (PDVSA).
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Benjamin Greenberg of the Southern District of Florida and Special Agent in Charge Mark Selby of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Miami Field Office made the announcement.
Matthias Krull, 44, a German national and Panamanian resident, pleaded guilty to one count of conspiracy to commit money laundering. He is scheduled to be sentenced on Oct. 29 by U.S. District Judge Cecilia M. Altonaga of the Southern District of Florida, who accepted his plea today.
As part of his plea, Krull admitted that in his position with the Swiss bank, he attracted private clients, particularly clients from Venezuela, to the bank. In this role, Krull’s clients included Francisco Convit Guruceaga, who was indicted on money laundering charges on Aug. 16. Krull’s clients also included three unnamed conspirators described in the Aug. 16 indictment.
Krull admitted that the conspiracy began in December 2014 with a currency exchange scheme that was designed to embezzle around $600 million from PDVSA, obtained through bribery and fraud, and the conspirators’ efforts to launder a portion of the proceeds of that scheme. By May 2015, the conspiracy had doubled in amount to $1.2 billion embezzled from PDVSA. PDVSA is Venezuela’s primary source of income and foreign currency (namely, U.S. Dollars and Euros). Krull joined the conspiracy in or around 2016, he admitted, when a co-conspirator contacted him to launder the proceeds of a PDVSA foreign-exchange embezzlement scheme.
Ultimately, Krull joined the conspiracy to launder $1.2 billion worth of funds that were embezzled from PDVSA, he admitted. Krull and members of the money laundering conspiracy used Miami, Florida real estate and sophisticated false-investment schemes to conceal that the $1.2 billion was in fact embezzled from PDVSA. Krull also admitted that surrounding and supporting these false-investment laundering schemes are complicit money managers, brokerage firms, banks and real estate investment firms in the United States and elsewhere, operating as a network of professional money launderers.
Krull’s co-conspirators indicted on Aug. 16 include former PDVSA officials, professional third-party money launderers, and members of the Venezuelan elite, sometimes known as “boliburgués.”
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case is the result of ongoing efforts by the Organized Crime Drug Enforcement Task Force’s (OCDETF) “Operation Money Flight,” a partnership among federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate and prosecute high-level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.
HSI Miami, HSI London, HSI Rome and HSI Madrid investigated this case. This case is being prosecuted by Assistant Chief David Johnson and Trial Attorney Gwendolyn Stamper of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Francisco R. Maderal of the Southern District of Florida’s International Narcotics and Money Laundering Section and Michael Nadler of the Southern District of Florida’s Economic and Environmental Crimes Section. Assistant U.S. Attorney Nalina Sombuntham of the Southern District of Florida is handling the asset forfeiture.
The Criminal Division’s Office of International Affairs provided substantial assistance in this matter, and U.S. Customs and Border Protection; the National Crime Agency of the United Kingdom; and Italian, Spanish and Maltese law enforcement authorities provided assistance.
The Fraud Section is responsible for investigating and prosecuting all Foreign Corrupt Practices Act (FCPA) matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Former St. John Resident Sentenced for Committing Postal FraudRead the Press Release
St. Thomas, USVI – Shaquan Brodie, 21, formerly of St. John, was sentenced today on an information that charged him with making fraudulent insurance claims against the United States Postal Service, United States Attorney Gretchen C.F. Shappert announced.
District Court Magistrate Judge Ruth Miller sentenced Brodie to 3 years probation, and 6 months of home detention. Magistrate Miller also ordered Brodie to perform 80 hours of community service and pay $14,227.01 in restitution to the postal service.
According to court documents, Brodie filed 201 fraudulent claims for insurance against the postal service totaling in excess of $47,000. Brodie represented to the postal service that the items were either lost, stolen or damaged when he knew that his claims were false. The postal service paid Brodie $14,227.01 on his fraudulent claims.
This case was investigated by the USPS-Office of Inspector General and the US Postal Inspection Service. It was prosecuted by Assistant United States Attorney Everard E. Potter.
Former Saint John, Indiana Resident Was Sentenced to 78 Months in PrisonRead the Press Release
HAMMOND –Christopher Raciti, age 48, formerly of Saint John, Indiana, was sentenced by U.S. District Court Judge Joseph S. Van Bokkelen on his guilty plea to possession of child pornography, announced U.S. Attorney Thomas L. Kirsch II.
Raciti was sentenced to 78 months in prison, 5 years of supervised release and ordered to pay $15,000 in restitution along with the forfeiture of electronic devices associated with his crime.
According to documents filed in the case, between November 7, 2015 and continuing through March 9, 2016, Raciti knowingly possessed more than 600 visual depictions of minors engaged in sexually explicit conduct on his computer. In January 2018, Raciti was charged by Information and immediately entered a plea of guilty to the charge.
This information results from an investigation conducted by the U.S. Department of Homeland Security, Homeland Security Investigations (HSI) with the case being handled by Assistant United States Attorney Toi Denise Houston.
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Former Paramedic Supervisor Who Stole Narcotics Out of Ambulances, Replaced Them with Saline Solution, Sentenced to 9 Years in PrisonRead the Press Release
On August 21, 2018, Jason Laut, 41, a resident of O’Fallon, Illinois, and a former paramedic supervisor for MedStar Ambulance Inc., was sentenced to 111 months imprisonment (9 years and 3 months) for stealing and tampering with ambulance narcotic supplies, United States Attorney for the Southern District of Illinois, Steven D. Weinhoeft, announced today. A jury in East St. Louis, Illinois, previously convicted Laut after a two-week trial on all 38 counts of the federal indictment, which charged Laut with wire fraud, falsifying medical records, aggravated identity theft, and tampering with a consumer product. Laut has been detained since his conviction.
Between January 2013 and May 2015, Laut changed, altered, and falsified documents and records to conceal his theft of two federally controlled substances – fentanyl and morphine – out of MedStar ambulances. Laut’s most egregious conduct concerned fentanyl, an incredibly powerful opioid narcotic used to treat severe pain. Narcotics boxes on ambulances contain only two vials of fentanyl because they are typically used on only the most severely injured trauma patients. Laut tampered with the fentanyl vials by removing the fentanyl with a syringe and replacing it with saline or some other solution. By this method, Laut made it appear as though the vials were still full and unopened, making his theft almost impossible to detect. These altered fentanyl vials were then placed back in the narcotics box and returned to ambulances. In 2015, 26 out of 28 vials on Medstar Ambulances were found to have tampered fentanyl vials.
As a result of this case, the procedures for handling narcotics boxes have changed. But before Laut’s crimes were discovered, narcotics boxes were regularly shared among the ambulance companies in the area, which meant that the vials Laut altered were also reintroduced by unsuspecting pharmacists and paramedics onto ambulances owned and operated by companies other than MedStar. During the proceedings, prosecutors presented 82 such vials that were discovered and removed from active duty ambulances throughout the Southwest EMS Region. Investigators were unable to determine definitively whether or to what extent any patients may have received treatment from the altered vials. However, at Laut’s sentencing, a representative of Memorial Hospital informed the court that paramedics in the field had reported occasions when the fentanyl they were administering appeared to be ineffective at relieving pain.
Representatives from both Memorial and Medstar advised the court that the harm caused by the defendant’s crimes was not just the risk that seriously injured patients received saline instead of fentanyl. They also noted that as a result of Laut’s actions, medical directors were forced to remove fentanyl from ambulances for three years because of diversion concerns. One paramedic advised the court at sentencing that, over those three years, he recalled five patients who could not receive morphine because of allergies. Those patients received virtually no pain relief because the fentanyl had been removed.
Using his administrator access for MedStar, Laut altered records, known as patient care reports, to falsely indicate that controlled substances were given to patients when, in fact, they were not. Laut also made false statements on narcotics logs submitted to Memorial Hospital. Narcotics logs are used by paramedics to record the administration of narcotic drugs, including fentanyl and morphine, while treating patients. To cover his tracks, Laut claimed to have given fentanyl and morphine to patients who did not exist or to patients who did not actually receive the drugs. On at least two occasions, Laut unlawfully used the name of a former doctor at Memorial Hospital on a narcotics log as authorization for administering fentanyl and morphine, when neither was actually administered to the patient.
The theft of the drugs and acts to conceal the theft caused a loss to Memorial Hospital, which was financially responsible for keeping the ambulance narcotics boxes filled.
There is no parole in the federal prison system. After he finishes serving his sentence, Laut will spend three years on supervised release.
The investigation was conducted by the Federal Bureau of Investigation, the Sparta, Illinois Police Department, the Randolph County Sheriff’s Department, and Diversion Investigators of the Drug Enforcement Administration. MedStar Ambulance Inc. in Sparta and Memorial Hospital in Belleville also provided extensive assistance throughout the investigation.
The case was prosecuted by Assistant United States Attorneys Ranley R. Killian and Michael J. Quinley.
Former Milford Youth Coach Pleads Guilty to Possessing Child PornographyRead the Press Release
CONCORD - United States Attorney Scott W. Murray announced that Trevor Palladino, 29, of Milford, New Hampshire, pleaded guilty today to possessing child pornography.
According to court documents and statements in court, Palladino coached a youth softball team in Milford. He used Instagram to communicate with a minor victim who was previously on a softball team that he coached. During some of the communications, the defendant requested that the minor victim send him sexually explicit photographs of herself. She did so. In turn, the defendant sent the minor victim sexually explicit photographs of himself. A search warrant was executed at the defendant’s residence and his cell phone was seized. A forensic examination of the phone by the New Hampshire Internet Crimes Against Children Task Force revealed sexually explicit photographs of the minor victim.
Palladino will be sentenced on November 28, 2018.
“Protecting the innocence of children is one of the most important jobs of the law enforcement community,” said U.S. Attorney Murray. “Because of the harm that these crimes cause to their youthful victims, we will aggressively investigate and prosecute those who are engaged in child pornography offenses.”
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Milford Police Department, and the New Hampshire Internet Crimes Against Children Task Force, which includes members of several other police departments. The case is being prosecuted by Assistant U.S. Attorney Georgiana L. Konesky.
In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Former Massachusetts State Trooper Indicted by Grand JuryRead the Press Release
BOSTON – A former lieutenant with the Massachusetts State Police (MSP) was indicted today in federal court in Boston in connection with the ongoing investigation of overtime abuse at the Massachusetts State Police.
Former Lieutenant David Wilson, 57, of Charlton, was indicted on one count of embezzlement from an agency receiving federal funds. Wilson was previously charged by a criminal complaint and arrested on June 27, 2018. An arraignment date has not yet been scheduled.
Wilson was assigned to Troop E of the MSP, which was responsible for enforcing criminal and traffic regulations along the Massachusetts Turnpike, Interstate I-90. Wilson served as the Officer-in-Charge of several overtime shifts and is alleged to have received overtime pay for shifts that he either did not work at all or from which he departed early.
The alleged conduct involves overtime pay for the Accident and Injury Reduction Effort program (AIRE). That initiative was intended to reduce accidents, crashes, and injuries on I-90 through an enhanced presence of MSP Troopers who were to target vehicles traveling at excessive speeds. Wilson was required to work the entire duration of the shift – four hours – and truthfully report the date, time and sector of deployment on the citations issued during the shift. As alleged, Wilson concealed the fraud by submitting citations that were issued outside of the overtime shifts, altered citations to create the appearance that the citation was issued during an overtime shift, and/or submitted citations that were never issued and never took place.
According to court documents, investigators were able to corroborate the alleged conduct through information maintained concerning the usage of MSP cruiser radios, RMV records, and records of when driver history checks were run on ticketed drivers.
In 2016, Lt. Wilson earned approximately $230,000, claiming to have worked approximately 170 AIRE overtime shifts – equating to about $68,000 in overtime pay. In court documents, it is alleged that Lt. Wilson earned approximately $12,450 in overtime pay for hours that he did not work.
In 2015 and 2016, MSP received annual benefits from the U.S. Department of Transportation in excess of $10,000, which were funded pursuant to numerous federal grants.
The charge of theft of government funds provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Wilson was charged and arrested along with Trooper Gary Herman, 45, of Chester; and former Trooper Paul Cesan, 50, of Southwick. On July 2, 2018, former Trooper Gregory Raftery, 47, of Westwood was charged and pleaded guilty. On July 25, 2018, retired Trooper Daren DeJong, 56, of Uxbridge, was also charged. On Aug. 17, suspended Trooper Kevin Sweeney, 40, of Braintree, was charged and has agreed to plead guilty.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Douglas Shoemaker, Special Agent in Charge of the U.S. Department of Transportation’s Office of Inspector General, made the announcement today. Assistant U.S. Attorneys Dustin Chao and Mark Grady of Lelling’s Public Corruption Unit and Neil Gallagher of Lelling’s Economic Crimes Unit are prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Grand Juror Sentenced to Prison for Obstructing JusticeRead the Press Release
A former federal grand juror was sentenced to prison today for obstructing justice.
Benjamin G. Greenberg, U.S. Attorney for the Southern District of Florida and Robert F. Lasky, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
Leslie Lynn Heburn, 37, Miami, previously pled guilty to obstruction of justice, in violation of Title 18, United States Code, Section 1503. U.S. District Judge Marcia G. Cooke sentenced Heburn to one year and one day in prison, to be followed by one year of supervised release.
According to the court record, on January 19, 2017, Heburn was sworn in as a federal grand juror and advised of the rules concerning grand jury secrecy, including that a grand juror is not to disclose matters occurring before the grand jury. Heburn was also advised of the possible criminal consequences of making any unauthorized disclosure of grand jury information.
On May 4, 2017, Heburn was present during the United States Attorney’s Office presentation to the federal grand jury of a proposed indictment for Rocky Dejesus Molina. Copies of the proposed indictment for Molina were distributed to the members of the grand jury, but they were not supposed to leave the grand jury chamber. Later that day, the grand jury returned an indictment against Molina (Case Number 17-20304-CR-ALTONAGA).
On May 10, 2017, prior to Molina’s arrest, Heburn used an alias Facebook account to contact Molina’s girlfriend via Facebook Messenger. During the course of their communication, Heburn advised Molina’s girlfriend that she was serving as a grand juror and had seen Molina’s name on an indictment. Heburn then warned Molina’s girlfriend that Molina had been set up by a “snitch” since March 2016.
After Molina’s arrest on May 24, 2017, Molina’s girlfriend contacted Heburn at the alias Facebook account to ask more questions. Heburn sent the girlfriend photos of the proposed indictment for Molina that was part of the secret grand jury proceedings. Heburn continued to tell Molina’s girlfriend that Molina had been set up on a number of occasions by a confidential informant. Heburn acknowledged during their communications that she knew she could get into trouble for disclosing information regarding the grand jury proceedings.
On October 20, 2017, Molina pleaded guilty to dealing in firearms without a license and being a felon in possession of a firearm. He was sentenced to 180 months in prison on January 3, 2018.
Mr. Greenberg commended the investigative efforts of the FBI in this matter. He also thanked the FBI Miami Area Corruption Task Force, Miami-Dade Police Department, and Bureau of Alcohol, Tobacco, Firearms and Explosives for their assistance. This case was prosecuted by Assistant U.S. Attorney Brian Dobbins.
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.
Former Brazilian Soccer Official Sentenced to Four Years’ Imprisonment for Racketeering and Corruption OffensesRead the Press Release
Former Brazilian soccer federation president José Maria Marin was sentenced today, in federal court in Brooklyn, by United States District Judge Pamela K. Chen to four years’ imprisonment following his trial convictions of conspiratorial racketeering, wire fraud and money laundering offenses. The crimes of conviction related to Marin’s participation in schemes to accept millions of dollars in bribes in exchange for the media and marketing rights to various soccer tournaments. The Court also ordered Marin to pay $3,335,593 in forfeiture and imposed a fine of $1,200,000. A hearing on victim restitution is scheduled for October 4, 2018.
At the time of his arrest in May 2015, Marin was the former head of the Brazilian soccer federation, known as the Confederação Brasileira de Futebol, or CBF, a member of various FIFA standing committees, and a representative to CONMEBOL, the confederation responsible for soccer in South America. Marin was convicted of racketeering conspiracy, three counts of wire fraud conspiracy and two counts of money laundering conspiracy following a six-week trial in November and December of 2017.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and R. Damon Rowe, Special-Agent-in-Charge, Internal Revenue Service Criminal Investigation, Los Angeles Field Office (IRS CI), announced the sentence.
“Marin, like his co-conspirators, sold out the sport he was meant to serve to satisfy his own greed,” stated United States Attorney Donoghue. “Now he has been brought to justice and punished for his criminal conduct. Today’s sentence shows that for all their power and prestige, the soccer officials who corrupted ‘the beautiful game’ are not above the law.” Mr. Donoghue expressed his grateful appreciation to governments around the world, particularly the governments of Switzerland, Brazil and Paraguay for their significant assistance in this case. Mr. Donoghue also thanked the Office of International Affairs and the Organized Crime and Gang Section of the U.S. Department of Justice’s Criminal Division in Washington, D.C., for their assistance in this prosecution.
“At each point along the food chain, these soccer officials had their fingers in the pot because they made millions of dollars, thinking no one noticed,” stated FBI Assistant Director-in-Charge Sweeney. “But they’ve each reached the point where they got caught, and now they’re facing justice for their crimes. Today’s sentencing of Mr. Marin is just one step in a wide-ranging investigation of these corrupt officials, and shows the FBI and our law enforcement partners are continuing our pursuit of those who used the game of soccer to pad their bank accounts.”
“Jose Maria Marin’s brazen attempts to hide the bribes he received while serving as a FIFA official, have come back full circle as he finds himself facing a prison sentence,” stated IRS-CI Special Agent-in-Charge Rowe. “As these sports officials are sentenced one-by-one, we are finally purging the game of soccer of the corruption that engulfed it for decades. IRS Criminal Investigation continues to investigate financial crimes and join their fellow national and international law enforcement partners to follow the money wherever it may lead.”As proved at trial, FIFA and its six continental confederations, together with affiliated regional federations, national member associations and sports marketing companies, constitute an enterprise of legal entities associated in fact for purposes of the federal racketeering laws. The principal, and entirely legitimate, purpose of the enterprise is to regulate and promote the sport of soccer worldwide. The enterprise financed its efforts in significant part by commercializing the media and marketing rights associated with various soccer events and tournaments, often through the sale of multi-year contracts covering multiple editions of the tournaments.
Evidence presented at trial, publicly filed documents and statements made in court established that Marin and his co-conspirators engaged in a conspiracy to corrupt the enterprise through racketeering activity. Specifically, Marin and his co-conspirators corrupted the FIFA enterprise through the offer and receipt of tens of millions of dollars in bribes and kickbacks paid by sports marketing companies to soccer officials. Marin accepted, or agreed to accept, millions of dollars in bribes in exchange for the media and marketing rights to: (a) multiple editions of the CONMEBOL-sponsored Copa América soccer tournament played periodically by South American national teams, including the Copa América Centenario, a special edition of the tournament played in the United States in 2016; (b) multiple editions of the CONMEBOL-sponsored Copa Libertadores soccer tournament played annually by South American club teams and (c) multiple editions of the Copa do Brasil, a soccer tournament sponsored by the CBF for Brazilian soccer clubs.
The government’s investigation is ongoing.
The government’s case is being handled by the Office’s FIFA Task Force. Assistant United States Attorneys Samuel P. Nitze, M. Kristin Mace and Keith D. Edelman are in charge of the trial prosecution, with assistance from Assistant U.S. Attorneys Kaitlin T. Farrell and Brian D. Morris.
The Defendant:
JOSÉ MARIA MARIN
Age: 86
Citizenship: BrazilE.D.N.Y. Docket No. 15-CR-252 (S-2) (PKC)
Felon in Possession of Sawed Off Shotgun Sentenced to over 9 Years in Federal PrisonRead the Press Release
United States Attorney Brandon J. Fremin announced today that U.S. District Judge John W. deGravelles sentenced DUSTIN JACK MALONE, a 34-year-old resident of French Settlement, Louisiana, to 110 months in federal prison following his conviction of possession of a firearm by a convicted felon. The Court further sentenced Malone to 3 years of supervised release following his term of imprisonment. The Court also ordered that the firearm possessed by Malone be forfeited.
On September 7, 2017, East Baton Rouge Parish Sheriff Deputies responded to a domestic dispute about a man with a gun at a residence. Shortly thereafter, Deputies conducted a traffic stop on a white pickup truck being driven by Malone and saw in plain view, a 12-gauge shotgun with a barrel of less than 17 inches within the reach of Malone.
Additional investigation revealed that Malone had already been convicted of at least one felony offense. During the sentencing, after an extensive hearing, the Judge enhanced Malone’s sentence, finding that Malone possessed in the truck, a second sawed off shotgun with an obliterated serial number. In handing down the 110 month sentence, the Judge found that Malone had pointed the sawed off 12-gauge shotgun at one of the persons involved in the domestic dispute, that Malone has an “extensive criminal history and extensive prior [illegal] drug use.”
U.S. Attorney Fremin stated, “Domestic disputes involving guns are one of the most volatile situations in our society for both the participants and for law enforcement. The defendant introduced a gun into an already volatile situation which could have ended tragically. Thankfully, no one was injured and it ended with the defendant being held accountable for his actions. This prosecution and sentence should serve as a stark reminder that felons with guns have our attention and will be aggressively pursued and prosecuted with great vigor. I sincerely appreciate the effort of our prosecutors, the ATF and the EBRSO – this is yet another example of how local and federal collaboration yields positive results for our community.”
ATF Resident Agent-in-Charge Antonio L. Pittman stated, “The Bureau of Alcohol, Tobacco, Firearms and Explosives, along with our law enforcement partners continue to serve our communities by focusing our efforts on removing armed violent felons from our streets. I am proud of the work we are conducting in conjunction with our community. We will continue to work diligently to protect our citizens by presenting relevant investigative work to our Middle District of Louisiana US Attorney’s Office for federal prosecution.”
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the East Baton Rouge Sheriff’s Office. It was prosecuted by Assistant United States Attorney Lyman E. Thornton III.