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Monday 20 August 2018
MS-13 Gang Member Pleads Guilty to the Murders of Four Young Men in a Central Islip Park in 2017Read the Press Release
Earlier today, at the federal courthouse in Central Islip, New York, Josue Portillo, a member of the Leeward Locos Salvatruchas clique of La Mara Salvatrucha, also known as the MS-13, pleaded guilty to racketeering charges without a plea agreement with the government, relating to his participation in the April 11, 2017 murders of Justin Llivicura, Michael Lopez, Jorge Tigre and Jefferson Villalobos. The guilty plea was entered before United States District Judge Joseph F. Bianco.
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), Geraldine Hart, Commissioner, Suffolk County Police Department (SCPD), and Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD), announced the guilty plea.
Portillo, who was 15 years and 11 months old at the time of the April 11 murders and is now 17 years old, was initially charged by a juvenile information that was filed under seal in the Eastern District of New York on July 10, 2017. Portillo, an illegal alien from El Salvador, was in immigration custody in Virginia when charged, and he was subsequently transferred to the custody of the FBI’s Long Island Gang Task Force and transported to this district. Thereafter, the government filed a motion to transfer Portillo to adult status for prosecution. Following an evidentiary hearing, on August 6, 2018, Judge Bianco issued a Memorandum and Order granting the government’s transfer motion and ordering that Portillo be prosecuted as an adult.
“Josue Portillo’s guilty plea today marks a milestone in the investigation of MS-13’s brutal murders of four young men lured to their violent deaths in a park on Long Island,” stated United States Attorney Donoghue. “We hope the victims’ families can find some measure of solace in knowing that the perpetrators of these murders are now being held responsible for their crimes. The Eastern District, together with our partners on the FBI’s Long Island Gang Task Force, will never tire nor relent in our efforts to dismantle MS-13 and bring to justice their members who have no respect for human life.” Mr. Donoghue expressed his appreciation to the U.S. Attorney’s Office for the Western District of Virginia for their assistance in the case.
“Whether young or old, the savagery of MS-13 gang members remains the same. Portillo and other members of MS-13 brutally beat and killed four young men, leaving them in an isolated wooden area,” stated FBI Assistant Director-in-Charge Sweeney. “The FBI’s Long Island Gang Task Force’s continuous effort to eliminate the threat of MS-13 is shown today, as Portillo has now pled guilty for the cruel crime he committed. We hope today's news provides some measure of comfort to the families of the victims and the community as a whole.”
“The Suffolk County Police Department thanks the Eastern District of New York for their steadfast commitment to prosecute violent MS-13 gang members,” stated SCPD Commissioner Hart. “Today’s news is an example of the ongoing effort by the Suffolk County Police Department and our law enforcement partners to protect the residents of Suffolk County from the scourge of gang violence. Ridding our community of gangs is a long term commitment and one that we are strongly committed to. Gang members should know that if they commit crimes in this county that they will be arrested and prosecuted to the fullest extent of the law.”
“This investigation is a clear example of the important partnership and dedicated investigators that exist within the Long Island Gang Task Force,” stated NCPD Commissioner Ryder. “These arrests are taking violent criminals off our streets, which equates to safer communities for our residents. We will never tolerate murder, gang violence and drug dealing, thus making these crimes a priority. I would like to congratulate all of the individuals who assisted with this lengthy and complex investigation.”
According to court filings and statements by the defendant at the guilty plea proceeding, on the evening of April 11, 2017, two female associates of the MS-13 lured five young men, including the four victims, to a community park in Central Islip at the direction of Portillo and other MS-13 members. The victims were believed to be members of a rival gang who had disrespected the MS-13. Portillo and several MS-13 members and associates met in a wooded area behind the park where they distributed weapons and discussed the plan to kill the victims. The female MS-13 associates then arrived at the park, led the victims to a wooded area and sent Portillo a text message describing their location. Portillo and the other MS-13 members and associates surrounded the victims and killed Llivicura, Lopez, Tigre and Villalobos using machetes, knives and wooden clubs. The fifth intended victim escaped. Portillo and his associates dragged the victims’ bodies to a more secluded spot and fled. The victims’ bodies were discovered the following evening.
When sentenced, Portillo, faces a maximum sentence of life in prison. Upon completion of his sentence, he faces deportation from the United States.
Today’s conviction is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13, a violent international criminal organization. The MS-13’s leadership is based in El Salvador and Honduras, but the gang has thousands of members across the United States, comprised primarily of immigrants from Central America. With numerous branches, or “cliques,” the MS-13 is the largest and most violent street gang on Long Island. Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in this district. A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders and assaults. Since 2010, this Office has obtained indictments charging MS-13 members with carrying out more than 45 murders in this district, and has convicted dozens of MS-13 leaders and members in connection with those murders. These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, comprising agents and officers of the FBI, SCPD, NCPD, Nassau County Sheriff’s Department, Suffolk County Probation, Suffolk County Sheriff’s Department, Rockville Centre Police Department, the New York State Police, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys John J. Durham, Paul G. Scotti, Michael T. Keilty and Raymond A. Tierney are in charge of the prosecution.
The Defendant:
JOSUE PORTILLO (“Sparky” and “Curioso”)
Age: 17
Central Islip, New YorkE.D.N.Y. Docket No. 17-CR-366 (S-1) (JFB)
Media AdvisoryRead the Press Release
The United States Attorney’s Office and the Project Safe Neighborhood Task Force will hold a press conference on Tuesday, August 28, 2018, at the Andrew W. Bogue Federal Building in Rapid City, South Dakota.
The reinvigoration of the DOJ initiative Project Safe Neighborhood (PSN), the function of the newly created Task Force, and recent prosecutions will be discussed.
The continued growth of methamphetamine and other drug trafficking has become a prevalent issue and both the threat and actual instances of gun violence are on the rise. It has become commonplace to find methamphetamine distributors and users in possession of firearms. The U.S. Attorney’s Office (USAO) has selected Rapid City as a location of immediate concern in its PSN efforts. Through an established PSN task force, the USAO collaborates with key law enforcement and community partners to share intelligence and prosecute those who are driving violent crime and distribution of illegal drugs.
WHO: Ron Parsons: U.S. Attorney, District of South Dakota
Marty Jackley: Attorney General, State of South Dakota
Mark Vargo: Pennington County States Attorney
Karl Jegeris: Rapid City Police Chief
Kevin Thom: Pennington County Sheriff
Kurt Wheeler: ATF Resident Agent in Charge
PSN Task Force: State and Federal law enforcement
WHAT: Press Conference
WHEN: Tuesday, August 28, 2018, at 10:30 a.m. MST.
WHERE: USAO Conference Room, located on the 2nd Floor of the Federal Building. Address is 515 Ninth Street, Rapid City.
SECURITY: All media must enter through the first floor lobby. Media will be required to go through security and present a government-issued photo ID. Audio and video recording devices are allowed only in the press conference location, and the use of these devices is prohibited anywhere else in the federal building.
Press inquiries regarding logistics may be directed to Ace Crawford at 605.341.1915 or 605.838.6092.
Los Angeles Man Pleads Guilty to Not Reporting over $1 Million Held in Israeli Offshore AccountsRead the Press Release
LOS ANGELES – A Los Angeles man pleaded guilty today in U.S. District Court to willfully failing to file a Report of Foreign Bank and Financial Accounts (FBAR), which would have disclosed his foreign bank accounts, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to court documents, Ben Zion Birman held offshore accounts in Israel at Bank Leumi Le-Israel B.M. from 2006 to 2011. Birman willfully failed to file with the Department of Treasury an FBAR for calendar year 2010, despite having over $1 million in Bank Leumi accounts. In an effort to further hide his money, Birman instructed Bank Leumi to hold bank mail from delivery to the United States, and obtained access to his offshore funds through the use of “back-to-back” loans, which were designed to enable borrowers to tap their concealed accounts. These lending arrangements permitted Birman to have funds issued by Leumi’s U.S. branch that were secretly secured by funds in his undeclared accounts in Israel.
In December 2014, Bank Leumi entered into a deferred prosecution agreement after the bank admitted to conspiring from at least 2000 until early 2011 to aid and assist U.S. taxpayers to prepare and present false tax returns by hiding income and assets in offshore bank accounts in Israel and other locations around the world. Under the terms of the deferred prosecution agreement, Bank Leumi paid the United States a total of $270 million and continues to cooperate with respect to civil and criminal tax investigations.
U.S. citizens, resident aliens, and permanent legal residents with a foreign financial interest in or signatory authority over a foreign financial account worth more than $10,000 are required to file an FBAR each year disclosing the account.
Birman faces a maximum sentence of five years in prison, as well as a period of supervised release, restitution and monetary penalties. Birman's sentencing is scheduled for December 10, 2018.
“The Department of Justice is committed to vigorously investigating and prosecuting offshore account holders who maintain undeclared accounts and willfully ignore their U.S. reporting and tax obligations,” said Principal Deputy Assistant Attorney General Zuckerman.
Principal Deputy Assistant Attorney General Zuckerman commended special agents from IRS-Criminal Investigation, who are investigating the case, and Tax Division Trial Attorneys Leslie Goemaat and Melissa Schraibman Grinberg, who are prosecuting the case. The Tax Division thanks Assistant U.S. Attorney Robert F. Conte for his assistance.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website
Los Angeles Man Pleads Guilty to Not Reporting over $1 Million Held in Israeli Offshore AccountsRead the Press Release
A Los Angeles man pleaded guilty today in U.S. District Court for the Central District of California to willfully failing to file a Report of Foreign Bank and Financial Accounts (FBAR), which would have disclosed his foreign bank accounts, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to court documents, Ben Zion Birman, of Los Angeles, California held offshore accounts in Israel at Bank Leumi Le-Israel B.M. from 2006 to 2011. Birman willfully failed to file with the Department of Treasury an FBAR for calendar year 2010, despite having over $1 million in Bank Leumi accounts. In an effort to further hide his money, Birman instructed Bank Leumi to hold bank mail from delivery to the United States, and obtained access to his offshore funds through the use of “back-to-back” loans, which were designed to enable borrowers to tap their concealed accounts. These lending arrangements permitted Birman to have funds issued by Leumi’s U.S. branch that were secretly secured by funds in his undeclared accounts in Israel.
In December 2014, Bank Leumi entered into a deferred prosecution agreementafter the bank admitted to conspiring from at least 2000 until early 2011 to aid and assist U.S. taxpayers to prepare and present false tax returns by hiding income and assets in offshore bank accounts in Israel and other locations around the world. Under the terms of the deferred prosecution agreement, Bank Leumi paid the United States a total of $270 million and continues to cooperate with respect to civil and criminal tax investigations.
U.S. citizens, resident aliens, and permanent legal residents with a foreign financial interest in or signatory authority over a foreign financial account worth more than $10,000 are required to file an FBAR each year disclosing the account.
Birman faces a maximum sentence of five years in prison, as well as a period of supervised release, restitution and monetary penalties. Birman's sentencing is scheduled for December 10, 2018.
“The Department of Justice is committed to vigorously investigating and prosecuting offshore account holders who maintain undeclared accounts and willfully ignore their U.S. reporting and tax obligations,” said Principal Deputy Assistant Attorney General Zuckerman.
Principal Deputy Assistant Attorney General Zuckerman commended special agents from IRS-Criminal Investigation, who are investigating the case, and Tax Division Trial Attorneys Leslie Goemaat and Melissa Schraibman Grinberg, who are prosecuting the case. The Tax Division thanks the U.S. Attorney’s Office of the Central District of California for its assistance.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Local Woman Sentenced for Transporting Illegal Sex Offender and Female ChildRead the Press Release
CORPUS CHRISTI, Texas – A 40-year-old Donna resident has been ordered to federal prison following her conviction of conspiring to transport two illegal aliens – a minor female and an adult registered sex offender, announced U.S. Attorney Ryan K. Patrick. Josie Arredondo pleaded guilty May 14, 2018.
Today, Senior U.S. District Judge John D. Rainey handed Arredondo a 21-month sentence to be immediately followed by two years of supervised release. At the hearing, the court heard how Arredondo had been previously convicted for the same type of offense in 2011. At that time, she had also been attempting to smuggle an undocumented female child.
In this case, authorities encountered Arredondo at the Falfurrias Border Patrol checkpoint attempting to smuggle an undocumented four-year-old child along with the undocumented registered sex offender as passengers in her vehicle. Also inside the vehicle were her minor daughter and grand-daughter.
Arredondo claimed she was travelling to Houston to attend a funeral and took the undocumented girl and man along with her. She expected $1,000 in return for transporting them.
She was permitted to remain on bond and voluntarily surrender at a later date.
Border Patrol conducted the investigation. Assistant U.S. Attorney Brittany L. Jensen is prosecuting the case.
Lawrence Woman Sentenced to 30 Months in Prison for Fentanyl TraffickingRead the Press Release
CONCORD – Helen Pamela Flores Feliz, 28, a citizen of the Dominican Republic most recently residing in Lawrence, Massachusetts, was sentenced to serve 30 months in federal prison for distribution of fentanyl, announced United States Attorney Scott W. Murray.
According to court documents and statements made in court, the defendant sold fentanyl to a cooperating individual in Nashua, New Hampshire, on various occasions from May of 2017 to February of 2018. When the defendant was arrested, she attempted to assume a false identity and possessed a fraudulent birth certificate, driver’s license, and United States passport.
Flores Feliz previously pleaded guilty on May 10, 2018. After serving her prison sentence, it is likely that she will be deported to the Dominican Republic.
“Opioids are killing hundreds of residents of New Hampshire each year,” said U.S. Attorney Murray. “We will continue to work with our law enforcement partners to target drug traffickers who seek to sell fentanyl and other opioids in the Granite State. I commend the law enforcement officers for protecting the community from the dangers posed by the fentanyl in this case.”
“DEA is committed to investigating Drug Trafficking Organizations and individuals like Ms. Flores Feliz who are responsible for distributing lethal drugs like fentanyl to the citizens of New Hampshire,” said DEA Special Agent in Charge Brian D. Boyle. “Let this sentence be a warning to those traffickers who are coming from out of state to distribute this poison in order to profit and destroy people’s lives. DEA’s top priority is combatting the opioid epidemic by working with our local, county, state and federal partners to bring to justice anyone who distributes deadly drugs.”
This matter was investigated by the Drug Enforcement Administration, the Nashua Police Department, and the United States Department of State’s Diplomatic Security Service. The case was prosecuted by Assistant U.S. Attorney Georgiana L. Konesky.
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Kyle Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Ron Parsons announced that a Kyle, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Charles Gay, age 21, was sentenced on August 14, 2018, to 1 year and 1 day in federal prison, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Gay was indicted for the charge by a federal grand jury in March 2017. The charge related to Gay throwing a television and hitting the victim in the head on October 10, 2015, in Kyle. Gay later went back and stabbed the same victim.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Gay was immediately turned over to the custody of the U.S. Marshals Service.
Judge Sentences Somerset Man to 10 Years in Prison for Possessing Child PornographyRead the Press Release
JOHNSTOWN, Pa. – A resident of Somerset, Pa. has been sentenced in federal court to 120 months in prison and supervised release for life on his conviction of possession of child pornography, United States Attorney Scott W. Brady announced today.
United States District Judge Kim R. Gibson imposed the sentence on Anthony W. Hornbaker, age 59.
According to information presented to the court, on July 28, 2017, Hornbaker knowingly possessed pictures and videos in individual computer graphic files which were produced using prepubescent minors engaging in sexually explicit conduct. The computer graphic files were shipped or transported in interstate or foreign commerce.
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 Somerset Borough Police Department for the investigation that led to the successful prosecution of Hornbaker.
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 better locate, apprehend, and prosecute individuals who sexually exploit children and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Juan E. Seary-Colón Sentenced to Life in Prison for Hobbs Act Robbery, Murder, and Related Firearms OffensesRead the Press Release
SAN JUAN, PR – Today, U.S. District Court Chief Judge Gustavo A. Gelpí sentenced Juan E. Seary-Colón, a.k.a. “Ricky Diablo” to life imprisonment for Hobbs Act robbery that resulted in murder, announced United States Attorney Rosa Emilia Rodríguez-Vélez. The FBI and the Puerto Rico Police Department (PRPD) were in charge of the investigation.
On February 27, 2018, after a four-day jury trial, a jury found Seary-Colón guilty of Hobbs Act robbery, murder with a firearm during the commission of a crime of violence, and other federal firearms offenses. During trial, the government proved that on April 3, 2012, Seary-Colón, entered Piezas Importadas Inc., a business dedicated to the sale of automobile parts in Carolina, PR, and without warning, shot the manager, David Méndez-Calderón, killing him almost instantly. The government presented eyewitness testimony that narrated how the defendant and another assailant entered the store, shot Mr. Méndez-Calderón, and stole approximately $1,000.00 from Piezas Importadas’ employees. Seary-Colón was identified by eyewitnesses in the days after the robbery and was arrested by PRPD and the FBI on April 6, 2012.
Seary-Colón had an extensive criminal history that included two murder convictions at the local level.
“I hope that this sentence will help Mr. Méndez-Calderón’s family find some closure,” said Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico. “We will continue to work diligently to prosecute violent criminals to the fullest extent of the law. This crime was truly a senseless and depraved act that took the life of a hard-working and beloved member of our community.”
The case was prosecuted by Assistant United States Attorney Nicholas Cannon.
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Johnstown Man Distributed Heroin and Fentanyl: Darryle Ford Faces Sentencing on December 17Read the Press Release
JOHNSTOWN, Pa. – A resident of Johnstown, Pa. pleaded guilty in federal court to a charge of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
Darryle D. Ford, 58, pleaded guilty to the indictment before United States District Judge Kim R. Gibson.
In connection with the guilty plea, on July 12, 2017, Ford distributed less than 100 grams of heroin, and a quantity of fentanyl.
Judge Gibson scheduled sentencing for Dec. 17, 2018, at 10:00 a.m. The law provides for a maximum sentence of 20 years in prison and a fine of $1,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Cambria County Drug Task Force conducted the investigation that led to the prosecution of Ford.
Johnstown Man Admits Distributing CocaineRead the Press Release
JOHNSTOWN, Pa. – A Cambria County resident pleaded guilty in federal court to a charge of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
Moses Lee Cunningham, 52, of Johnstown, Pa., pleaded guilty to the indictment before United States District Judge Kim R. Gibson.
In connection with the guilty plea, on June 7, 2017, Cunningham distributed less than 500 grams of cocaine.
Judge Gibson scheduled sentencing for Dec. 17, 2018, at 1:00 p.m. The law provides for a maximum sentence of 20 years in prison and a fine of $1,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Cambria County Drug Task Force conducted the investigation that led to the prosecution of Cunningham.
Indiana Man Sentenced to 15 Years for Distributing Information on Explosives and Poisons for Use in a Terror AttackRead the Press Release
Marlonn Hicks, 31, of Crown Point, Indiana, was sentenced today to 15 years in prison, to be followed by 3 years of supervised release, for distributing information regarding the manufacture and use of explosives, with the intent that the information be used for and in furtherance of a crime of violence.
The sentence was announced by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Thomas L. Kirsch II for the Northern District of Indiana and Special Agent in Charge Grant Mendenhall of the FBI’s Indianapolis Division. The sentence was issued by U.S. District Court Judge Joseph S. Van Bokkelen.
“The Department of Justice is committed to investigating and prosecuting terrorist threats against our homeland,” said Assistant Attorney General Demers. “The defendant plotted to conduct an attack on U.S. soil and, with today’s sentence, he is being held accountable for his actions. I applaud the efforts of the agents and prosecutors to achieve this successful outcome. Their work will ensure that the actions of the defendant, inspired by evil, will serve only as a cautionary tale for other would-be terrorists.”
“This exemplifies the Government’s commitment to prevent terrorism,” said U.S. Attorney Kirsch. “Rather than mourning the tragic attacks in Orlando, Hicks was inspired to try to commit a terror attack to kill innocent victims in the United States. My Office, working with the FBI and the National Security Division, quickly and efficiently eliminated the threat to public safety created by Mr. Hicks’ illegal activities.”
“The online communications by Mr. Hicks drew swift attention from our agents, who had identified and monitored him early in his path to radicalization,” said Special Agent in Charge Mendenhall. “As this radicalization deepened, the FBI continued to monitor Mr. Hicks’ activity and took action to mitigate any threats ensuring the public’s safety.”
According to the documents in this case, Hicks rapidly transformed from a vocal online supporter of the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization, to someone planning a terrorist act.
Within days of the Orlando, Florida Pulse Nightclub terrorist attack, Hicks was inspired to commit an act of terrorism and kill innocent civilians. On June 21, 2016, nine days after the Pulse massacre, Hicks discussed “getting busy” with a FBI source who Hicks believed was an ISIS supporter. Hicks sent this source two manuals on how to manufacture and use explosives and poisons and continued to discuss with this FBI source possible terror attacks. Hicks made his motivation for the planned attacks clear, exclaiming that since the FBI and similar government personnel “have shut the door now [on his ability to travel to ISIS controlled territory and fight there] I’m gonna open the door to hell for them.” As he began to develop an attack plan, in addition to sending the above referenced manuals, he discussed coordinating attacks to create “more of an audience.” Hicks also discussed how to obtain firearms and practice with them. Hicks clearly communicated to multiple sources and during his post-arrest interview that he wanted everyone to know the attacks were carried out in the name of ISIS.
During FBI surveillance, Hicks warned one of the FBI sources to “be careful the boys was just following me” referring to then ongoing FBI surveillance. During a message exchange with the FBI source Hicks said he was “strapped,” showed a picture of his firearm, and said “if they had me on anything I’d already be dead cause in Shaa Allah [translated as “god willing”] I ain’t going to jail.” Hicks was arrested on federal charges without incident in July 2016 and has remained in federal custody since his arrest.
The case was investigated by the FBI’s Indianapolis Division and the Indianapolis Joint Terrorism Task Force. The case is being prosecuted by the National Security Division’s Counterterrorism Section and the U.S. Attorney’s Office of the Northern District of Indiana.
Indiana Man Sentenced to 15 Years for Distributing Information on Explosives and Poisons for Use in A Terror AttackRead the Press Release
WASHINGTON – Marlonn Hicks, 31, of Crown Point, Indiana, was sentenced today to 15 years in prison, to be followed by 3 years of supervised release, for distributing information regarding the manufacture and use of explosives, with the intent that the information be used for and in furtherance of a crime of violence.
The sentence was announced by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Thomas L. Kirsch II for the Northern District of Indiana and Special Agent in Charge Grant Mendenhall of the FBI’s Indianapolis Division. The sentence was issued by U.S. District Court Judge Joseph S. Van Bokkelen.
“The Department of Justice is committed to investigating and prosecuting terrorist threats against our homeland,” said Assistant Attorney General Demers. “The defendant plotted to conduct an attack on U.S. soil and, with today’s sentence, he is being held accountable for his actions. I applaud the efforts of the agents and prosecutors to achieve this successful outcome. Their work will ensure that the actions of the defendant, inspired by evil, will serve only as a cautionary tale for other would-be terrorists.”
“This exemplifies the Government’s commitment to prevent terrorism,” said U.S. Attorney Kirsch. “Rather than mourning the tragic attacks in Orlando, Hicks was inspired to try to commit a terror attack to kill innocent victims in the United States. My Office, working with the FBI and the National Security Division, quickly and efficiently eliminated the threat to public safety created by Mr. Hicks’ illegal activities.”
“The online communications by Mr. Hicks drew swift attention from our agents, who had identified and monitored him early in his path to radicalization,” said Special Agent in Charge Mendenhall. “As this radicalization deepened, the FBI continued to monitor Mr. Hicks’ activity and took action to mitigate any threats ensuring the public’s safety.”
According to the documents in this case, Hicks rapidly transformed from a vocal online supporter of the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization, to someone planning a terrorist act.
Within days of the Orlando, Florida Pulse Nightclub terrorist attack, Hicks was inspired to commit an act of terrorism and kill innocent civilians. On June 21, 2016, nine days after the Pulse massacre, Hicks discussed “getting busy” with a FBI source who Hicks believed was an ISIS supporter. Hicks sent this source two manuals on how to manufacture and use explosives and poisons and continued to discuss with this FBI source possible terror attacks. Hicks made his motivation for the planned attacks clear, exclaiming that since the FBI and similar government personnel “have shut the door now [on his ability to travel to ISIS controlled territory and fight there] I’m gonna open the door to hell for them.” As he began to develop an attack plan, in addition to sending the above referenced manuals, he discussed coordinating attacks to create “more of an audience.” Hicks also discussed how to obtain firearms and practice with them. Hicks clearly communicated to multiple sources and during his post-arrest interview that he wanted everyone to know the attacks were carried out in the name of ISIS.
During FBI surveillance, Hicks warned one of the FBI sources to “be careful the boys was just following me” referring to then ongoing FBI surveillance. During a message exchange with the FBI source Hicks said he was “strapped,” showed a picture of his firearm, and said “if they had me on anything I’d already be dead cause in Shaa Allah [translated as “god willing”] I ain’t going to jail.” Hicks was arrested on federal charges without incident in July 2016 and has remained in federal custody since his arrest.
The case was investigated by the FBI’s Indianapolis Division and the Indianapolis Joint Terrorism Task Force. The case is being prosecuted by the National Security Division’s Counterterrorism Section and the U.S. Attorney’s Office of the Northern District of Indiana.
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Georgia man sentenced for cigarette smuggling chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Sukhdev Singh Virdi, of Dacula, Georgia, was sentenced today to three years probation for unlawful cigarette smuggling, First Assistant United States Attorney Randolph J. Bernard announced today.
Virdi, age 46, pled guilty to one count of “Conspiracy to Traffic in Untaxed Cigarettes” in June 2017. Virdi admitted to conspiring to profit from the unlawful sale of contraband cigarettes.
Virdi was the store manager of American Cigarette Outlet, Inc., in Clearbrook, Virginia, which did business as Virginia Cigarette Outlet and Clearbrook Cigarettes and. He admitted to transporting large quantities of cigarettes across state lines for redistribution and sale. The cigarettes were acquired in Virginia, where the tax rate for cigarettes is one of the lowest in the nation, and sold in other states, including New York, which has one of the nation’s highest tax rates. The cigarettes were possessed and transported in West Virginia.
Assistant U.S. Attorney Michael Stein prosecuted the case on behalf of the government. Homeland Security Investigations, the Alcohol and Tobacco Tax and Trade Bureau, the Internal Revenue Service Criminal Investigations, the Frederick County, Virginia Sheriff’s Office, the West Virginia State Police, and the New York City Sheriff’s Office investigated.
Chief U.S. District Judge Gina M. Groh presided.
Former Decatur Business Owner Sentenced to Five Years in Prison for Possession with Intent to Distribute Spice, K2Read the Press Release
SPRINGFIELD, Ill. – U.S. District Judge Sue E. Myerscough today sentenced a former Decatur business owner, Noman Hizam, 37, to five years in prison for possession with intent to distribute synthetic cannabinoids, known as Spice and K2. Hizam, of Harristown, was further ordered to remain on supervised release for three years following his prison term. Hizam has remained in the custody of the U.S. Marshals Service since his arrest in July 2016.
Hizam pleaded guilty to the charges on March 2, 2018. According to the factual basis in support of Hizam’s pleas of guilty, Hizam admitted that he was the intended recipient of a shipment of synthetic cannabinoids from New York in September 2014. A Decatur police detective intercepted the shipment when he stopped the Chevrolet Suburban on I-72 in Macon county. Inside the vehicle, the detective discovered two large trash bags that contained approximately 17.4 kilograms of synthetic cannabinoids packaged in 1,741 packets.
On May 10, 2016, DEA agents executed federal search warrants at Decatur businesses owned by Hizam, including the Handy Pantry, 3715 North Woodford St.; Cigar Outlet, 1247 E. Mound; and, Tobacco Express, 1101 N. Route 48. At the same time, Hizam was stopped in a vehicle and consented to the search of the vehicle. Officers located a plastic grocery sack in the vehicle’s center armrest that contained stacks of U.S. Currency. In addition Hizam had a bundle of U.S. Currency in his pants pocket. Officers also recovered keys for a storage locker unit. Following consent to search the storage unit at 2727 N. Woodford in Decatur, agents recovered approximately 300 packets of synthetic cannabinoids. Examples of the street names under which the synthetics are marketed, agents recovered packets labeled as Smacked Blueberry, Geeked Up; Scooby Snax Hydro; Scooby Snax Watermelon; Mr. Big Shot; Green Giant; Mind Trip; Scooby Snax Hypnotic, and others.
According to publicly disseminated DEA drug fact information, K2 and Spice are two of the many trade names or brands for synthetic cannabinoids which are human-made, mind-altering chemicals developed to mimic the effects of THC, the main active ingredient of marijuana. They are often marketed under the guise of “herbal incense” or “potpourri.” The synthetic cannabinoids are typically marketed in rectangular, heat-sealed packets with brightly colored wording and street names to appeal to a youthful crowd, such as “Scooby Snax,” “Mr. Happy,” California Dream,” “Hayz,” “AK47,” “OMG,” “Down2Earth,” etc.
The case against Hizam is related to a continuing task force investigation of the distribution of synthetic cannabinoids in Central Illinois. This task force, part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, is led by the DEA with the Illinois Attorney General Investigations; Illinois State Police; FBI; Decatur Police Department; Springfield Police Department; Illinois Department of Revenue; and IRS-Criminal Investigation. OCDETF is a Department of Justice program that supports multi-jurisdictional task forces of federal, state and local law enforcement agencies to conduct long-term and complex investigations and prosecutions of drug-related crimes. Assistant U.S. Attorney Timothy A. Bass is prosecuting the cases on behalf of the U.S. Attorney’s Office for the Central District of Illinois.
Federal Indictment Charges Three Individuals with Conspiracy to Distribute Cyclopropyl FentanylRead the Press Release
SALT LAKE CITY – A federal grand jury returned a four-count superseding indictment Wednesday charging three individuals with conspiracy to distribute controlled substances resulting in the overdose death of an individual. According to the indictment, the controlled substance was cyclopropyl fentanyl, a synthetic opioid.
Charged in the indictment, unsealed Friday afternoon, are Adam Hemmelgarn, age 37, of Hooper, Utah, Tyrell Jabbar Perry, age 20, of Roy, Utah, and Christian Scott Jimerson, age 19, of West Haven, Utah. The three are also charged with distribution of cyclopropyl fentanyl.
The individual who died is identified as J.R. in the indictment. Family members of J.R. have asked that his name, Jaydon Rogers, be released. Rogers was found unresponsive in his residence in West Haven, Utah, on March 12, 2018, and transported to the hospital. He died March 14, 2018.
In addition to the drug charges, Hemmelgarn is also charged with possession of a firearm in furtherance of a drug trafficking crime and possession of firearms following a felony conviction. The indictment alleges Hemmelgarn had six firearms and associated ammunition in his possession.
Hemmelgarn was taken into custody Thursday. He had an initial appearance Friday afternoon before U.S. Magistrate Judge Brooke C. Wells and entered a plea of not guilty to the charges. A detention hearing for Hemmelgarn was continued to Aug. 31, 2018.
Perry and Jimerson were initially charged with conspiracy to distribute controlled substances and distribution of cyclopropyl fentanyl in a sealed indictment returned by a grand jury on Aug. 2, 2018. A summons will be issued to both of them to appear on the charges in the superseding indictment.
Indictments are not findings of guilt. Individuals charged in indictments are presumed innocent unless or until proven guilty in court.
The potential maximum sentence for conspiracy to distribute a controlled substance resulting in death is life in prison with a 20-year mandatory minimum sentence. Possession of a firearm following a felony conviction has a maximum 10-year sentence and possession of a firearm in furtherance of a drug trafficking offense has a five-year mandatory minimum sentence, which would run consecutive to any sentence imposed for a drug offense.
Agents, deputies, and officers of the DEA, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Weber County Sheriff’s Office, and the Davis County Metro Narcotics Task Force are investigating the case. The U.S. Attorney’s Office is prosecuting the case.
Drums Man Pleads Guilty to Theft of Government PropertyRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Gregory Ciego, age 35, of Drums, Pennsylvania, pleaded guilty on August 17, 2018, to a criminal information charging him with theft of government property.
According to United States Attorney David J. Freed, Ciego admitted to stealing $1,000 from the United States between January 2016 and January 2018, by making purchases of gasoline using a credit card issued by the United States Navy.
This case was investigated by the Office of the Inspector General and the United States Naval Criminal Investigative Services. Assistant U.S. Attorney Alisan VanFleet is prosecuting the case.
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 theft of government services is one year of imprisonment, a term of supervised release of one year, and a $100,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Drug Traffickers Sentenced to Federal PrisonRead the Press Release
United States Attorney Brandon J. Fremin announced the sentencings of three individuals involved in a drug trafficking network based and operating in Baton Rouge. The Indictment filed in this matter charged drug trafficking offenses involving marijuana, as well as the possession of a firearm during and in relation to a narcotics trafficking offense.
On August 20, 2018, U.S. District Judge Lance M. Africk sentenced DEARIEUS DUHEART, age 34, of Baton Rouge, Louisiana, to 24 months in federal prison following his conviction for possessing marijuana with the intent to distribute. The federal sentence will be served consecutive to a pending, state parole revocation proceeding.
On December 20, 2016, Derrick Keelen was present at 4535 McClelland Court in Baton Rouge. That day, BRPD officers arrived at the residence to investigate an anonymous complaint of suspicious activity at the residence. Upon arrival at the house, officers observed that the home’s windows were covered in tinting, preventing outsiders from observing the interior of the residence. When approaching the carport door of the home, officers could smell raw marijuana. Officers knocked on the door and identified themselves. After a brief delay, Derrick Keelen opened the door, whereupon officers were overpowered by the smell of marijuana. Once the door was opened, officers could see raw marijuana on a nearby table. Upon officer’s request, the defendant Derrick Keelen allowed officers into the home. On entering, officers saw marijuana, scales, a firearm and drug paraphernalia. The marijuana, drug-packaging material, and a firearm were in plain view on the coffee table located in the living room.
Upon further search of the home, BRPD officers found 248 total grams of marijuana, approximately 3.3 total grams of cocaine, three digital scales, several cellular phones, one container of codeine/promethazine, and a Taurus .45 caliber semi-automatic firearm. A judicially authorized search of a vehicle parked at the residence, belonging to Jornell Keelen, revealed $24,319 and .2g of heroin in an Audi A8 sedan.
On June 25, 2018, U.S. District Judge Lance M. Africk sentenced DERRICK KEELEN, age 28, of Baton Rouge, Louisiana, to 60 months in federal prison following his convictions for possessing with the intent to distribute marijuana and possessing a firearm in furtherance of a drug trafficking crime.
On March 5, 2018, U.S. District Judge Lance M. Africk sentenced JORNELL KEELEN, age 24, of Baton Rouge, Louisiana, to 60 months in federal prison following his conviction possessing a firearm in furtherance of a drug trafficking crime
U.S. Attorney Fremin stated, “This is yet another step towards our goal of making our communities safer. We will continue to pursue those who deal illegal drugs and create dangerous situations for our communities. I am proud of the efforts of the ATF, BRPD and our prosecutors who handled this important matter.”
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.”
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Baton Rouge City Police Department. The case was prosecuted by Assistant United States Attorneys Cal Leipold and Rene Salomon.
Defendant in 15-Kilogram Cocaine Conspiracy Receives Jail Term of 151 MonthsRead the Press Release
NEWARK, N.J. – A Sunnyside, Washington, resident was sentenced today to 151 months in prison for his role in a drug-trafficking conspiracy that ended in February 2017 with the seizure of 15 kilograms of cocaine in a parking lot in Burbank, California, U.S. Attorney Craig Carpenito announced.
Efrain Cardenas Alcaras, 41, was charged in the District of New Jersey with conspiracy to distribute more than five kilograms of cocaine. His case was later transferred to the Central District of California in Los Angeles, where Alcaras pleaded guilty to an indictment before U.S. District Judge Philip S. Gutierrez. He was charged with at least three other people, two of whom have been sentenced in New Jersey by U.S. District Judge William H. Walls in Newark federal court.
According to documents filed in this case and statements made in court:
From Aug. 31, 2016, through Feb. 8, 2017, law enforcement officers were monitoring communications between one of Alcaras’ co-defendants and others. Those communications led to law enforcement officers seizing approximately one kilogram of cocaine that a co-defendant had sold to another individual in California on Sept. 26, 2016. The cocaine was intended to be delivered to New Jersey.
On Feb. 8, 2017, in Burbank, California, law enforcement officers observed as Alcaras and his conspirators met with another individual in the parking lot of a retail establishment. The conspirators arrived in two vehicles, a black Jeep and a white sedan. Alcaras was driving the black Jeep, which was determined to contain the illegal narcotics. Approximately 15 kilograms of cocaine and a .380 caliber firearm were recovered from the scene.
In addition to the prison term, Judge Gutierrez sentenced Alcaras to five years of supervised release.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Melissa Wangenheim of the Criminal Division in Newark.
Defense counsel: Humberto Diaz Esq., Los Angeles, CaliforniaDayton man indicted for posting threats to Ohio Lottery Commission Facebook pageRead the Press Release
A Dayton man was indicted in federal court after making threats over social media to kill people.
Jason Davon Stovall, 38, was indicted on four counts of making threats over interstate communications.
Stovall made numerous posts to the Ohio Lottery Commission’s Facebook page between June 28 and July 7 in which he threatened to kill people, according to court documents.
This case is being prosecuted by Assistant U.S. Attorney Brian Deckert following an investigation by the FBI and Ohio State Highway Patrol.
If convicted, the defendant’s sentence will be determined by the court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases, it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Criminal Alien Sent to Prison for Re-Entering the United States…AgainRead the Press Release
LAREDO, Texas – A Mexican man has been sent to federal prison for illegally re-entering the United States after he was deported, announced U.S. Attorney Ryan K. Patrick. Teodolfo Vega-Hernandez, 47, pleaded guilty to illegal re-entry after deportation March 29, 2018.
Today, District Judge Marina Garcia Marmolejo sentenced Vega-Hernandez, of Tultitlan, Estado de Mexico, Mexico, to 63 months in prison. On supervised release following his previous conviction of illegal re-entry, Vega-Hernandez received an additional 12-month sentence, three of which to be served consecutively for a total 66-month-term of imprisonment.
This marks the fourth time Vega-Hernandez has been convicted of illegally re-entering the United States following deportation. He was previously convicted Aug. 7, 2007, Nov. 18, 2009, and June 12, 2013. The court noted he was also previously convicted of a felony - driving while intoxicated - in Austin on April 14, 2005, following multiple convictions that spanned many years of driving while intoxicated, public intoxication and assault. He was ordered to be deported following those sentences, but continued to illegally re-enter the United States. After his third conviction June 12, 2013, he served 36 months in prison and was again ordered deported to Mexico Aug. 21, 2017.
However, on Jan. 12, 2018, Border Patrol (BP) found Vega-Hernandez again illegally present in the United States near Hebbronville. He had no legal documents to enter, travel through or remain in the United States.
He is again expected to face deportation proceedings following his release from prison.
Customs and Border Protection and BP conducted the investigation. Special Assistant U.S. Attorney Lisa M. Ezra prosecuted the case.
Coral Springs Man Sentenced to Prison for ArsonRead the Press Release
Last week, a Coral Springs man was sentenced to five years in prison and ordered to pay over $3 million in restitution for carrying out a residential arson.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, Ari C. Shapira, Special Agent in Charge, United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, and Clyde Parry, Chief, Coral Springs Police Department, made the announcement.
Nathan Counts, 40, of Coral Springs, previously pled guilty to arson, in violation of Title 18, United States Code, Section 844(i). On August 15, 2018, U.S. District Judge William P. Dimitrouleas sentenced the defendant to 60 months in prison, to be followed by three years of supervised release. The defendant was also ordered to pay restitution in the amount of $3,129,781.00.
According to court documents, on February 12, 2018, Nathan Counts purchased a portable gas tank, filled it with gasoline, and drove home to his apartment in Coral Springs, Florida. Counts then poured gasoline on several areas within his residence and set the apartment on fire. In setting the fire, Counts intended to damage his own apartment and other apartments within the building.
As a result of the fire, two buildings (including 28 individual units) received varying degrees of fire, heat, smoke and water damage. The residents of both buildings were displaced and three cats were killed. The total damage to real and personal property was approximately $3,129,781.00.
Mr. Greenberg commends the investigative efforts of the ATF and Coral Springs Police Department and thanks the Division of Investigative & Forensic Services Bureau of Fire Arson Explosive Investigations for their assistance. The case was prosecuted by Assistant United States Attorney Frederic Shadley.
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.
Convicted Felon Sentenced to 10 Years in Prison for Methamphetamine and Firearm ChargesRead the Press Release
HONOLULU – Ikaika Adams-Feeney, 28, was sentenced today to 10 years of imprisonment for possessing methamphetamine with intent to distribute and for being a felon in possession of a firearm. Following his incarceration, Adams-Feeney will be on supervised release for 5 years. As part of his sentence, Adams-Feeney also forfeited $3,089 in drug proceeds.
According to court documents and information presented in court, on August 29, 2017, Honolulu Police Department officers arrested Adams-Feeney at the Hawaiian Ebbtide Hotel in Waikiki on an outstanding warrant. Upon his arrest, Adams-Feeney, a convicted felon, was found to be in possession of 43 grams of pure methamphetamine, a loaded 9mm Beretta pistol with numerous rounds of ammunition, drug paraphernalia, and $3,089 in cash.
At sentencing, Senior U.S. District Judge Helen Gillmor commented that Adams-Feeney’s conduct in selling drugs and possessing a loaded firearm was “unacceptable.”
“As a part of Project Safe Neighborhoods, we are working with our local and federal partners to target for investigation and prosecution repeat offenders and the most violent criminals in Hawaii,” said U.S. Attorney Kenji M. Price. “This case is a great example of what we can achieve when we work together to keep our communities safe.”
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 case was investigated by the Honolulu Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, and prosecuted by Assistant U.S. Attorney Darren Ching.
Columbus Man Pleads Guilty to Possessing A Firearm in Furtherance of A Crime of ViolenceRead the Press Release
COLUMBUS: Charles E. Peeler, United States Attorney for the Middle District of Georgia, announces that Zachary Eckelmann, age 23, of Columbus, Georgia, pled guilty to Possession of a Firearm in Furtherance of a Crime of Violence before Chief U.S. District Court Judge Clay D. Land in Columbus, Georgia on August 20, 2018. This plea subjects Mr. Eckelmann to a mandatory minimum sentence of imprisonment of 10 years, and a maximum of life in prison.
In his plea agreement, Mr. Eckelmann admitted that on May 28, 2015, he and at least one other person were operating a vehicle in Columbus, Georgia, when the vehicle’s owner observed them and pursued. The car chase continued on to Ft. Benning, where a shootout ensued. No one was injured, and a stolen firearm used by Mr. Eckelmann was recovered. Mr. Eckelmann now admits he possessed the stolen gun, and he discharged the gun in the direction of his pursuer.
Mr. Eckelmann is scheduled to be sentenced on September 18, 2018 in Columbus.
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 investigated by the Columbus Police Department, the Federal Bureau of Investigation and the Army Criminal Investigation Division. Assistant United States Attorney Melvin E. Hyde, Jr. is prosecuting the case for the United States.
Questions concerning this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
Berkeley County man admits to child pornography chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Christopher Lee Myers, of Bunker Hill, West Virginia, has admitted to possessing child pornography, United States Attorney Bill Powell announced.
Myers, age 36, pled guilty to one count of “Possession of Child Pornography.” Myers admitted to having child pornography on his computer in October 2017.
Myers faces up to 20 years incarceration and a fine of $250,000 fine. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Assistant U.S. Attorney Anna Z. Krasinski is prosecuting the case on behalf of the government. The West Virginia State Police investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Attorney General Sessions Announces New National Public Safety Partnership Sites to Combat Violent Crime, Citing Success in MemphisRead the Press Release
Memphis, TN - As the Department of Justice continues its efforts to fulfill President Trump’s commitment to reducing violent crime in America, Attorney General Jeff Sessions today announced the selection of five cities to the National Public Safety Partnership (PSP). PSP provides a framework for enhancing federal support of state, local, and tribal law enforcement officials and prosecutors as they aggressively investigate and pursue violent criminals, specifically those involved in gun crime, drug trafficking, and gang violence.
PSP provides cities the opportunity to consult with, receive coordinated training and technical assistance from, and have access to an array of resources from the Justice Department and its law enforcement components.
PSP offers two separate approaches to the assistance provided by the Justice Department, the Diagnostic Approach and the Operations Approach:
• PSP Diagnostic teams help participating cities develop tools to diagnose and address violent crime issues.
• PSP Operations teams partner directly with federal, state, local, and tribal officials to strategically address violent crime issues.
Five sites have been selected to receive this significant assistance:
2018 PSP Diagnostic Sites:
• Saginaw, Michigan
• Salisbury, North Carolina
2018 PSP Operations Sites:
• Kansas City, Missouri (participated as a PSP Diagnostic Site in 2017)
• Miami, Florida
• Tulsa, Oklahoma
"Reversing the recent troubling increase in violent crime in our country is a top priority of the Department of Justice as we work to fulfill the President’s promise to make America safer," said Attorney General Sessions. "Cooperation with our fabulous state and local partners is the single most important aspect of our strategy to reduce crime. The National Public Safety Partnership program will help five American cities to build up their own capacity to fight crime by using DOJ expertise and resources as well as evidence-based strategies customized to meet their needs. We want to be a force multiplier for them, and under PSP, we will."
U.S. Attorney D. Michael Dunavant said, "The U.S. Attorney’s Office for the Western District of Tennessee is proud to participate in the National Public Safety Partnership Initiative here in Memphis. PSP has allowed us to receive federal resources in law enforcement training and technical assistance in an innovative framework to enhance data-driven, evidence-based local strategies for violence reduction. The good work of the PSP Team Stakeholders, including commitment from federal, state, and local law enforcement agencies to targeted enforcement has resulted in a significant reduction in the violent crime rate. We are thankful for all of these resources from the Department of Justice, and we are committed to the continued effective use of these tools to reduce violent crime in the future."
In June 2017, Attorney General Jeff Sessions announced the PSP program during remarks at the National Summit on Crime Reduction and Public Safety. The twelve sites announced in 2017 continue to participate in 2018, and have resulted in a number of success including, but not limited to:
• Birmingham, Alabama: The U.S. Attorney’s Office for the Northern District of Alabama established a public safety task force of local, state, and federal partners to improve data and intelligence sharing, complement community outreach, and improve prevention efforts. As a result of coordinated efforts among local and federal law enforcement, homicides in Birmingham are down 12 percent year to date in June.
• Indianapolis, Indiana: The U.S. Attorney’s Office for the Southern District of Indiana and the Bureau of Alcohol Tobacco, Firearms, and Explosives (ATF) have enhanced coordination with each Indianapolis Metropolitan Police Department patrol district to help identify and prioritize drug and gun crime cases appropriate for federal prosecution. ATF has also assigned a crime analyst to focus solely on National Integrated Ballistic Information Network (NIBIN) cases. NIBIN is a national program that assists law enforcement agencies in making connections among crimes involving firearms. As of July 2018, Indianapolis reports an increased homicide clearance rate from 40 percent to 70 percent year to date, which it attributes to increased collaboration among local and federal partners.
• Memphis, Tennessee: Identified one precinct and geographical area in South Memphis for PSP engagement—the Raines Street Station—to focus increased local and federal enforcement efforts. The Raines Street Station experienced approximately 22 percent of the city’s homicides in 2016. As a result of PSP involvement in the Raines Street Station area, homicides are down approximately 27 percent and aggravated assaults are down 11 percent, as of July 31, 2018.
Partner sites are selected through a process that considers both quantitative and qualitative measures, including sustained levels of violent crime that far exceed the national average. PSP sites must demonstrate a commitment to reducing violent crime, and in August 2017 that commitment was extended to include reducing violent crime stemming from illegal immigration.
The Justice Department agencies involved in PSP are: the United States Attorneys’ Offices; the Office of Justice Programs; the FBI; the ATF; the U.S. Marshals Service; the Drug Enforcement Administration; the Office on Violence Against Women; and the Office of Community Oriented Policing.
For more information about additional PSP sites, their designations and DOJ’s work to reduce violent crime and enhance public safety, visit https://www.nationalpublicsafetypartnership.org.
Ambulance Company Owner Convicted in $3 Million Medicare Fraud ConspiracyRead the Press Release
HOUSTON – A 59-year-old Sugar Land man has admitted to conspiring to commit health care fraud through Medicare ambulance claims, announced U.S. Attorney Ryan K. Patrick.
Anthony Chukwudi Nwosah is the owner of Tonieann EMS and Rosenberg EMS. Today, he admitted he conspired to submit more than $3 million in false and fraudulent claims to Medicare for ambulance transport services that were not provided and not medically necessary. Nwosah received approximately $1,094,260 as payment for those claims.
Nwosah admitted he submitted the ambulance claims for Medicare beneficiaries transported by vans, not ambulances, to routine psychotherapy appointments and for at least one other beneficiary who did not require ambulance transportation. Nwosah also admitted he instructed a licensed emergency medical technician (EMT) to create fake ambulance transport records which included fake vital signs, patient narratives and transport mileage. Additionally, he admitted that more than 2,000 fake ambulance transport records contained the name of another EMT who never worked for him.
The Medicare program requires ambulance providers to sign an enrollment application that expressly states the provider will not knowingly submit false or fraudulent claims to Medicare or claims with deliberate ignorance or reckless disregard for their truth or falsity. The Medicare program only intended to pay for ambulance services that were provided and medically necessary. Medicare did not intend to pay for ambulance services provided by vans or taxis or for beneficiaries who, at the time of transportation, could safely be transported by other means.
U.S. District Judge Lynn Hughes accepted the plea and has set sentencing for Nov. 19, 2018. At that time, Nwosah faces up to 10 years in federal prison and a $250,000 fine.
He was permitted to remain on bond pending that hearing.
The Department of Health and Human Services – Office of the Inspector General and the FBI conducted the investigation. Assistant U.S. Attorney Julie Redlinger prosecuted the case.
Saturday 18 August 2018
U.S. Attorney's Office Partners with Asheville Police Department and Buncombe County Sheriff's Office on Youth-Oriented Program, as Part of Project Safe NeighborhoodsRead the Press Release
ASHEVILLE, N.C. – United States Attorney Andrew Murray announced today that the U.S. Attorney’s Office for the Western District of North Carolina partnered with the Asheville Police Department (APD) and the Buncombe County Sheriff’s Office (BCSO) to conduct the Law Enforcement Guiding Adolescent Lives (L.E.G.A.L.) training program in Asheville. L.E.G.A.L. is a youth-oriented community outreach initiative, designed to foster positive interactions between young people and members of the law enforcement community.
The one-day program was held earlier today in Asheville, at the Buncombe County Training Center. Volunteer APD officers and BCSO deputies, and 18 young men selected from the Asheville-based youth development program My Daddy Taught Me That (MDTMT), participated in today’s training.
The APD and the BCSO worked closely with the U.S. Attorney’s Office to implement the program and to develop a curriculum that was informative, meaningful and fun for the participants.
“This program is extremely valuable for the young people and the volunteer law enforcement officers who participated in today’s training. The goal of this outreach effort is to provide a scenario for positive interactions between law enforcement officers and our youth, to foster positive relationships, and to promote mutual respect toward one another through education,” said U.S. Attorney Murray. “This experience can be eye-opening for all participants, leading to more effective, and ultimately safer, interactions between law enforcement officers and young people within our communities.”
“My Daddy Taught Me That is a program designed to uplift and support the development and education of youth and young males,” said MDTMT Founder Keynon Lake. “Our mission is to foster and empower boys to become healthy men, and to develop into the leaders of tomorrow. This is facilitated through education, hands-on activities, and participation in innovative and unique events, like L.E.G.A.L. Today’s training will have a positive and long-lasting effect on all the young men who participated.”
The four-hour program began with youth participants receiving legal and practical skills orientation. During this session, participants received basic legal background information from an Assistant United States Attorney, on searches related to traffic stops, public area encounters, and home encounters. Participants also received practical instruction on their rights and on interacting with law enforcement in a safe and positive manner.
Following the legal orientation, participants had an opportunity to utilize their newly-acquired skills by engaging with law enforcement officers in simulated police interactions. After each simulated interaction, participants and law enforcement officers engaged in role-reversals, designed to foster a better understanding of each group’s standpoint, and to offer an opportunity to share each other’s perspective. Following the simulated encounters, participants engaged in free dialogue with law enforcement volunteers during a roundtable luncheon.
In his opening remarks to the group, U.S. Attorney thanked everyone for participating in the training, and noted that L.E.G.A.L. is an example of the outreach component of the Western District’s Project Safe Neighborhoods (PSN) crime reduction program, which was reinvigorated by the Justice Department last year.
“Our overarching goal is to reduce violent crime and make our neighborhoods safer for everyone. To achieve that, we must develop and implement youth outreach programs throughout the Western District of North Carolina that enhance youth development and promote positive interactions between law enforcement and young people in the community.”
U.S. Attorney Murray also thanked Asheville Police Chief Tammy Hooper, Buncombe County Sheriff Van Duncan, and Keynon Lake for their support of the L.E.G.A.L. program and commended each for doing their part to keep our communities and help all our youth thrive.
MDTMT is a youth development program designed to support young males, ages 12 to 19, through advocacy, education, and mentoring. For more information on MDTMT, please visit http://mydaddytaughtmethat.org.
Friday 17 August 2018
Williamson County Man Sentenced for Federal Firearm ViolationRead the Press Release
Reginald L. Cavitt, a/k/a "Reggie," 37, of Marion, Illinois, has been sentenced to federal prison for a firearm offense, United States Attorney for the Southern District of Illinois Steven D. Weinhoeft announced today. Cavitt, who previously pled guilty to a one-count indictment charging unlawful possession of a firearm by a felon, was sentenced to 36 months imprisonment, to be followed by two years of supervised release. He will be credited one month toward his sentence for time served on a related state case. Cavitt was also fined $200 and ordered to forfeit a Taurus, model PT845, .45 caliber pistol to the United States.
Evidence at the plea and sentencing hearings established that Cavitt was selling marijuana out of a Marion residence that he shared with a girlfriend and three young children. On June 26, 2017, officers executed a search warrant at the Marion residence, where they located the loaded .45 caliber pistol, marijuana, cocaine, over $7,600 in cash, a digital scale, drug packaging materials, and additional ammunition. Because Cavitt had previously been convicted of a felony, federal law prohibits him from possessing a firearm.
The investigation was conducted by the Marion Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The Williamson County States Attorney’s Office also assisted in the investigation.
Williamson County Man Charged with Methamphetamine OffenseRead the Press Release
On August 16, Kevin W. Page, a/k/a "Dink," 37, of Carbondale, Illinois, made his initial appearance in federal court to face charges of conspiracy to distribute more than 50 grams of methamphetamine. Page was charged in a one-count indictment returned on August 7 by a federal grand jury sitting in Benton, Illinois. The indictment alleges that the offense occurred in Williamson County between April 2017 and July 2018. Page is in federal custody and will be detained without bond pending trial, which is currently set for October 15, 2018.
If convicted, Page faces a sentence of 5 to 40 years imprisonment, no more than four years of supervised release, and a maximum fine of $5,000,000.
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.
The ongoing investigation is being conducted by the Southern Illinois Enforcement Group. The Williamson County Sheriff’s Office, Marion Police Department, and Herrin Police Department also assisted in the investigation.
Westwego Man Pleads Guilty to Drug ConspiracyRead the Press Release
U.S. Attorney Duane A. Evans announced that MOHAMMED FATTY, age 28, of Westwego, pled guilty yesterday to one count of conspiracy to distribute one kilogram or more of heroin, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(A), and 846.
According court documents, FATTY transported approximately one kilogram of heroin between Georgia and the New Orleans area over two occasions.
If convicted, FATTY faces a mandatory minimum term of imprisonment of ten years, a maximum term of imprisonment of life, a fine of up to $10,000,000, at least five years supervised release after imprisonment, and a mandatory $100 special assessment.
U.S. Attorney Evans praised the work of the United States Department of Homeland Security, Homeland Security Investigations in investigating this matter. Assistant United States Attorney Jonathan L. Shih is in charge of the prosecution.
Unlicensed Pharmacy Technician Pleads Guilty to Working at New England Compounding CenterRead the Press Release
BOSTON – A New England Compounding Center (NECC) employee pleaded guilty today in federal court in Boston in connection with working as an unlicensed pharmacy technician at the compounding pharmacy in Framingham.
Scott M. Connolly, 46, of East Greenwich, R.I., pleaded guilty to 10 counts of mail fraud. U.S. District Court Judge Richard G. Stearns scheduled sentencing for Dec. 19, 2018. In December 2014, Connolly was indicted along with 13 others in connection with the 2012 nationwide fungal meningitis outbreak originating from NECC. Connolly is cooperating with the government and is expected to testify during the October 2018 trial of the remaining NECC defendants.
Connolly was a licensed pharmacy technician from September 2007 to January 2009, when he voluntarily surrendered his license in connection with a disciplinary action against him. Under Massachusetts regulations, pharmacy technicians filling drug orders are required to be licensed. Nevertheless, Connolly was hired at NECC and worked as a pharmacy technician from 2010 through October 2012. Connolly was assigned to Clean Room 2 making cardioplegia solutions that are used to stop patients’ hearts during heart surgeries. For more than two years, Connolly produced thousands of cardioplegia solutions that were sent to customers throughout the country. Connolly’s unlicensed status was known to his supervising pharmacists, Barry Cadden, Glenn Chin, and others.
To mask his presence from regulators, Connolly used Cadden’s username and password to log into the computerized pump so that his name would not appear on any paperwork generated when he filled the cardioplegia orders. He also did not perform any of the required validation tests other pharmacy technicians were required to do. Connolly’s employment file falsely listed him as a warehouse employee.
The NECC criminal case arose from the nationwide outbreak of fungal meningitis that was traced back to contaminated vials of preservative-free methylprednisolone acetate (MPA) manufactured by NECC. The outbreak was the largest public health crisis caused by a pharmaceutical product.
In March 2017, Cadden was convicted by a federal jury of racketeering, racketeering conspiracy, mail fraud and introduction of misbranded drugs into interstate commerce with the intent to defraud and mislead. He was sentenced in June 2017 to 108 months in prison and three years of supervised release. In October 2017, Chin was convicted of the same charges and sentenced in January 2018 to eight years in prison and two years of supervised release.
The charge of mail fraud provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Derek Roy, Resident Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations, Metro Washington Field Office; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Sean J. Smith, Special Agent in Charge of the Department of Veterans Affairs, Office of Inspector General; Leigh-Alistair Barzey, Special Agent in Charge of the Defense Criminal Investigative Service’s Northeast Field Office; and Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service, Boston Division, made the announcement today. Assistant U.S. Attorneys George P. Varghese and Amanda P.M. Strachan of Lelling’s Health Care Fraud Unit are prosecuting the case.
The details contained in the court documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
U.S. Attorney Dunavant Announces AUSA Michelle Kimbril-Parks as OCDETF ChiefRead the Press Release
Memphis, TN – United States Attorney Dunavant is pleased to announce the appointment of AUSA Michelle Kimbril-Parks as Organized Crime Drug Enforcement Task Force (OCDETF) Chief for theWestern District of Tennessee.
Michelle Kimbril-Parks is a graduate of the University of Memphis and the Cecil C. Humphreys School of Law. Prior to joining the Department of Justice, Kimbril-Parks served as Assistant District Attorney with the Shelby County District Attorney General’s Office for 7 years. During her service there, she managed and supervised Assistant District Attorneys in a broad litigation practice including driving offenses, theft of property, narcotics, domestic violence, aggravated robbery, aggravated burglary and murder.
U.S. Attorney Dunavant said, "I am pleased to announce that I have appointed AUSA Michelle Kimbril-Parks as the new OCDETF Chief AUSA in the Unit. Michelle has been an AUSA in our office since 2007, and has been assigned to the OCDETF Unit since 2013. Michelle is a very experienced prosecutor and dedicated public servant, and I am confident that she will lead the unit with effectiveness and success. I look forward to working with her to pursue the priorities of our office in the crucial areas of organized and gang crime and drug enforcement."
In October 2007, Kimbril-Parks joined the Department of Justice as Assistant United States Attorney. Her current responsibilities include making charging decisions based on relevant federal statutes; drafting indictments, search warrants, and other legal documents; researching and drafting briefs for matters appealed to the U.S. Court of Appeals for the Sixth Circuit; and presenting oral arguments to the U.S. Court of Appeals for the Sixth Circuit. In addition, her litigation practice has included cases involving possession of firearms, child exploitation, identity theft, escape, firearms trafficking, Hobbs Act Robbery, carjacking, narcotics and interstate stalking.
U.S. Attorney David Joseph voices support for 2019 opioid manufacturing reductionRead the Press Release
SHREVEPORT/LAFAYETTE/MONROE/ALEXANDRIA/LAKE CHARLES, La. – United States Attorney David C. Joseph voiced support today for a U.S. Department of Justice and Drug Enforcement Administration (DEA) proposal to reduce the quantity of opioids being manufactured in the United States.
“One of my priorities as U.S. Attorney is to fight opioid trafficking and abuse in Louisiana,” Joseph stated. “Opioid abuse leads to crime, violence, and death. We have already increased our efforts to prosecute those who illegally traffic in opioids in and through the Western District of Louisiana. The DEA’s action in reducing the quantity of these drugs being manufactured will further our efforts to reduce opioid abuse in our communities.”
Consistent with President Trump’s “Safe Prescribing Plan” that seeks to “cut nationwide opioid prescription fills by one-third within three years,” the proposal decreases manufacturing quotas for the most six frequently misused opioids for 2019 by an average ten percent as compared to the 2018 amount. The Notice of Proposed Rulemaking (NPRM) marks the third straight year of proposed reductions, which help reduce the amount of drugs potentially diverted for trafficking and used to facilitate addiction.
On July 11, 2018, the Justice Department announced that DEA was issuing a final rule amending its regulations to improve the agency’s ability consider the likelihood of whether a drug can be diverted for abuse when it sets annual opioid production limits. The final rule also promotes greater involvement from state attorneys general, and today’s proposed reduction will be sent to those offices.
In setting the aggregate production quote (APQ), DEA considers data from many sources, including estimates of the legitimate medical need from the Food and Drug Administration; estimates of retail consumption based on prescriptions dispensed; manufacturers’ disposition history and forecasts; data from DEA’s own internal system for tracking controlled substance transactions; and past quota histories.
Ultimately, revised limits will encourage vigilance on the part of opioid manufacturers, help DEA respond to the changing drug threat environment, and protect the American people from potential addictive drugs while ensuring that the country has enough opioids for legitimate medical, scientific, research, and industrial needs.
"The opioid epidemic that we are facing today is the worst drug crisis in American history," Attorney General Jeff Sessions said. "President Trump has set the ambitious goal of reducing opioid prescription rates by one-third in three years. We embrace that goal and are resolutely committed to reaching it. According to the National Prescription Audit, we have already made significant progress in reducing prescription rates over the past year. Cutting opioid production quotas by an average of ten percent next year will help us continue that progress and make it harder to divert these drugs for abuse. The American people can be confident that federal law enforcement and the Trump administration are taking action to protect them from dangerous drugs. These smarter limits bring us one big step closer to President Trump's goal of finally ending this unprecedented crisis. I congratulate Acting Administrator Uttam Dhillon and his team for taking action.”
“We’ve lost too many lives to the opioid epidemic and families and communities suffer tragic consequences every day,” said DEA Acting Administrator Uttam Dhillon. “This significant drop in prescriptions by doctors and DEA’s production quota adjustment will continue to reduce the amount of drugs available for illicit diversion and abuse while ensuring that patients will continue to have access to proper medicine.”
Once the aggregate quota is set, DEA allocates individual manufacturing and procurement quotas to those manufacturers that apply for them. DEA may revise a company’s quota at any time during the year if change is warranted because of increased or decreased sales or exports, new manufacturers entering the market, new product development, or product recalls.
When Congress passed the Controlled Substances Act, the quota system was intended to reduce or eliminate diversion from “legitimate channels of trade” by controlling the quantities of the basic ingredients needed for the manufacture of controlled substances.
The Proposed Aggregate Production Quotas for schedule I and II controlled substances published in the Federal Register reflects the total amount of controlled substances necessary to meet the country’s medical, scientific, research, industrial, and export needs for the year and for the establishment and maintenance of reserve stocks. DEA establishes an APQ for more than 250 schedule I and II controlled substances annually.
In 2016, the Centers for Disease Control and Prevention issued guidelines to practitioners recommending a reduction in the prescribing of opioid medications for chronic pain. DEA and its federal partners have increased efforts in the last several years to educate practitioners, pharmacists, manufacturers, distributors, and the public about the dangers associated with the misuse of opioid medications and the importance of proper prescribing.
Two Sentenced to Federal Prison for Investment FraudRead the Press Release
Orlando, Florida – U.S. District Judge John Antoon, II today sentenced Leone Alfano La Cava (59, Orlando) and Viktoriya Johnson (36, Orlando) to 8 years and 1 month in federal prison, and 3 years and 10 months’ imprisonment, respectively, for wire fraud and conspiracy to commit wire fraud. The Court also ordered La Cava and Johnson to forfeit four properties and two luxury vehicles, which are traceable to proceeds of the offenses.
Johnson was found guilty by a federal jury on April 13, 2018. La Cava had pleaded guilty on March 30, 2018.
According to court documents, La Cava and Johnson orchestrated an international real estate investment scheme that defrauded at least 85 Italian investors out of over $5 million. La Cava solicited individuals, in Italy, to purchase real estate in Orange County that he claimed would generate guaranteed rental income. Johnson and La Cava then used falsified deeds and loan documents to convince investors that they were purchasing property owned by La Cava or Golden Investment, Inc., a real estate investment company incorporated by Johnson in 2010. In fact, those properties either did not exist, were never owned by La Cava, Johnson, or Golden Investment, or had already been sold to another investor.
La Cava and Johnson used portions of the funds sent by investors for their own personal use instead of purchasing the real estate promised to investors. Johnson received over $1.3 million in investor funds, that she used to purchase four properties and two luxury vehicles for herself.
This case was investigated by the FBI. It was prosecuted by Assistant United States Attorneys Nathan W. Hill, Chauncey A. Bratt, and Roger B. Handberg.
Two Cleveland men indicted on firearms chargesRead the Press Release
Two Cleveland men were indicted on federal firearms charges, U.S. Attorney Justin E. Herdman said.
Deyonte Barnes, 26, and Rockie Samuel Chandler, III, 24, were both indicted on one count of being a felon in possession of firearm and ammunition.
Barnes possessed a Charter Arms, .38 special revolver, and ammunition and June 26. Barnes has prior convictions for robbery and burglary that prohibit him from having firearms or ammunition, according to the indictment.
Chandler possessed a Glock, .40 caliber pistol, and ammunition on June 27. Chandler has prior convictions for aggravated robbery and drug trafficking that prohibit him from having firearms or ammunition, according to the indictment.
Their cases are otherwise unrelated.
Both cases are being prosecuted by Assistant U.S. Attorney Danielle K. Angeli following investigations by the Bureau of Alcohol, Tobacco, and Firearms and the Cleveland Police Department.
If convicted, the defendant’s sentence will be determined by the court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases, it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Tucson Man Sentenced to 5 Years’ Prison after Threatened Use of Explosive Device during Bank Robbery and Stand-Off with PoliceRead the Press Release
TUCSON, Ariz. – On Friday, Aug. 17, 2018, David Allen Markillie, 67, of Tucson, Ariz., was sentenced by U.S. District Judge James A. Soto to 60 months’ imprisonment. Markillie had previously pleaded guilty to one count of armed bank robbery and one count of false information and hoax.
On Aug. 10, 2017, Markillie entered the Compass Bank located at 7645 N. La Cholla and robbed the bank by the threatened use of a bomb. He stole approximately $2,300 and fled to the Foothills Mall where he was taken into custody after a stand-off with Pima County Sheriff’s deputies.
The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution was handled by Beverly K. Anderson, Assistant U.S. Attorney, District of Arizona, Tucson.
CASE NUMBER: CR-17-1472-TUC-JAS
RELEASE NUMBER: 2018-109_Markillie
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Three Men and One Woman Charged with Conspiracy to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Ron Parsons announced that three men and one woman from Watertown, South Dakota, have been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Amos Hall, a/k/a Amos Lee Hall, IV, age 35, was indicted on June 13, 2018. He appeared before U.S. Magistrate Judge William D. Gerdes on August 16, 2018, and pled not guilty to the Indictment.
Dayvon Byrd, age 28, was indicted on June 13, 2018. He appeared before U.S. Magistrate Judge William D. Gerdes on June 29, 2018, and pled not guilty to the Indictment.
Danny Callahan, age 39, was indicted on June 13, 2018. He appeared before U.S. Magistrate Judge William D. Gerdes on July 19, 2018, and pled not guilty to the Indictment.
Alexis Dumarce, age 30, was indicted on June 13, 2018. She appeared before U.S. Magistrate Judge William D. Gerdes on June 28, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum of 10 years, up to life, in federal prison and/or a $10,000,000 fine, at least 5 years, up to life, of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about November 23, 2017, and continuing to on or about February 28, 2018, Hall, Byrd, Callahan, and Dumarce knowingly and intentionally combined, conspired, confederated, and agreed with persons known and unknown to distribute and possess with intent to distribute 500 grams or more of methamphetamine, which is a Schedule II controlled substance.
The charge is merely an accusation and Hall, Byrd, Callahan, and Dumarce, are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Callahan was released on Bond. Hall, Byrd, and Dumarce were remanded to the custody of the U.S. Marshals Service pending trial, which has been set for August 28, 2018.
The Bailey Family Sentenced to a total of 249 Months in Federal Prison for Defrauding Medicare, Medicaid and TricareRead the Press Release
Jackson, TN – Following a three-week trial in February 2018, a federal jury convicted a married couple and their son, of health-care fraud offenses that led to millions of dollars lost to federal health care programs. A federal judge has sentenced them to a total of 249 months in federal prison. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentences today.
Sandra Bailey, 67 of Jackson, Tenn., was convicted of 16 counts, including conspiracy, health care fraud, and paying illegal kickbacks in connection with health care services. Her husband, Calvin Bailey, 67, was convicted of conspiracy. Their son, Bryan Bailey, 39, of Milan, Tenn., was convicted of conspiracy and wire fraud. The jury returned guilty verdicts on all 17 counts alleged in the indictment.
U.S. Attorney D. Michael Dunavant said: "Dishonest criminals are using more creative and disturbing fraudulent schemes to victimize vulnerable citizens and the American taxpayers for their own selfish gain. This case represents our commitment to expose these fraudulent schemes, protect the integrity of the Medicaid system, hold offenders accountable for their dishonest criminal conduct, and to recover ill-gotten proceeds on behalf of the government. The U.S. Attorney’s Office is willing and able to go to any lengths in our pursuit of justice in healthcare fraud cases."
Evidence at trial revealed Sandra Bailey and Calvin Bailey sold durable medical equipment including power wheelchairs and back braces. From November 2009 to September 2011, they were both employed at Jaspan Medical Systems ("Jaspan"), a durable medical equipment company with an office in Jackson, Tenn. Durable medical equipment is designed for repeated use and legitimate medical purposes. Following their employment at Jaspan, the couple was employed by other medical supply companies in West Tennessee, Kentucky and Mississippi. Calvin Bailey is also the former principal at Medina Elementary School in Medina, Tenn. Bryan Bailey was the operations and sales manager at Jaspan from October 2009 to July 2013.
While employed at Jaspan, the Baileys began to market wheelchairs to patients and represented them as paid fully by Medicare, and at no cost to the patients. To market the equipment, the Baileys used an extensive network of illegally paid recruiters to find eligible patients. After finding the patients, Sandra and Bryan Bailey would forge and falsify documents to make it appear that the patients qualified for the equipment. They also enlisted a local physician and nurse practitioner to order the equipment without the required physical examinations to determine if the equipment was medically necessary. To facilitate this scheme, Sandra Bailey paid illegal kickbacks to the medical providers.
Numerous patients testified that Sandra Bailey offered the equipment at no cost, and that they never saw the doctor or nurse practitioner before the Baileys delivered the back braces and power wheelchairs. Many also testified that they never used the power wheelchairs, and that the power wheelchairs were too large to be used in their homes. Even though most of the patients could walk, drive vehicles, and care for themselves without the need for a power wheelchair, the Baileys would falsify medical records to make it appear that the patients were qualified. In order to qualify the patients to receive the equipment at no cost, Bryan Bailey falsified and directed others to falsify patients’ income and expenses to make it appear that they were indigent.
In 2010, Bryan Bailey expanded Jaspan’s sales into North Mississippi, and hired a sales representative named Dennis Sensing to sell power wheelchairs. Sensing paid illegal kickbacks to patient recruiters to find Medicare and Medicaid patients. Bryan Bailey received sales commissions for the power wheelchairs sold by Sensing. In order to bill Medicare and Medicaid for the equipment, Sensing forged the signature of a nurse practitioner with Bryan Bailey’s knowledge. Bryan Bailey directed Sensing to falsify patients’ income and expenses to make it appear that they were indigent. Sensing sent via facsimile the forged and falsified documents to Bryan Bailey, who caused the claims to be submitted for payment. Sensing, who previously pleaded guilty to conspiracy to commit healthcare fraud and pay illegal kickbacks, testified in the government’s case.
"We always appreciate the opportunity to work with multi-state law enforcement agencies to combat healthcare fraud and protect our citizens’ resources and tax dollars," said Jim Hood, Attorney General of Mississippi.
"These defendants were the ringleaders of a multi-million dollar fraud scheme that provided expensive power wheelchairs to patients who did not need them," said Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. "They were motivated by a desire to enrich themselves by stealing from the taxpayers and made the mistake of thinking they would not be caught."
The Baileys caused more than$4 million in billing of power wheelchairs and back braces to be paid by taxpayers. During the time the Baileys worked at Jaspan and the other companies, they received more than $1.2 million in salary and sales commissions.
On August 16, 2018, Chief United States District Judge S. Thomas Anderson sentenced Sandra Bailey to 120 months imprisonment; three years supervised release, and a $1600 special assessment. He sentenced Calvin Bailey to 45 months imprisonment; three years supervised release, and each ordered to pay $1.4 million in restitution. On June 1, 2018, Judge Anderson had sentenced Bryan Bailey to 84 months imprisonment; followed by 3 years supervised release; $1.9 million in restitution and a $200 special assessment.
This case was investigated by the U.S. Department of Health and Human Services – Office of the Inspector General, the Federal Bureau of Investigation, the Tennessee Bureau of Investigation, and the Attorney General’s Office of Mississippi.
Assistant U.S. Attorneys Stuart Canale and Matt Wilson prosecuted this case on the government’s behalf.
Texas Man Sentenced on Cocaine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy announced today that Mark Ramos, 32, of San Antonio, Texas, who was convicted of conspiracy to possess with intent to distribute, and distribution of, more than 500 grams of cocaine, was sentenced to time served by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that between May 2016 and June 1, 2016, the defendant conspired with co-defendants Jabriel Crews, Charles Gonzalez, and others, to take delivery of cocaine sent through the U.S. mail, and to distribute it in the Buffalo area.
On June 1, 2016, Ramos drove a rented vehicle to the parking lot of a retail store in Cheektowaga, NY, and parked next to a car driven by Charles Gonzalez. After a brief meeting in Gonzalez’s vehicle, Gonzalez removed a package containing cocaine from the trunk and gave it to the defendant, who then placed in the trunk of his vehicle. Upon executing a search warrant on the vehicle, officers recovered two bricks of cocaine inside of a U.S. postal parcel addressed to Charles Gonzalez.
Charles Gonzalez was charged and convicted in state court. Jabriel Crews was charged and convicted in federal court and is awaiting sentencing.
Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the Erie County Sheriff’s Department, under the direction of Timothy Howard.
Tampa Rap Artist Sentenced to 3 Years for Tax FraudRead the Press Release
TALLAHASSEE, FLORIDA – Torry Williams, 24, of Tampa, who performs as a rap artist under the name “Toon Trill,” was sentenced today to 36 months in federal prison after pleading guilty on March 30, 2018, to theft of government money and aggravated identity theft. The sentence was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
Between November 2012 and June 2013, Williams, who was a student at Tallahassee Community College, was involved in a scheme to file fraudulent tax returns in the names of others. The IRS issued approximately $149,847 in refunds based upon these fraudulent returns. As part of the scheme to illegally obtain tax refunds, Williams used the dates of birth, names, and social security numbers of over fourteen different people.
As part of his sentence, Williams was ordered to pay $149,847 in restitution to the government.
This case resulted from an investigation by the Internal Revenue Service-Criminal Investigation. Assistant United States Attorney Michael J. Harwin prosecuted the case.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
State of Georgia awarded $110 million in grants to aid crime victimsRead the Press Release
ATLANTA – The U.S. Attorneys for the Northern, Middle and Southern Districts of Georgia and the Criminal Justice Coordinating Council (CJCC), announce the award of more than $110 million to fund local victim assistance programs across the state and to help compensate victims for crime-related losses. This is the largest award to the State of Georgia under this program in its history.
“Crime victims often suffer physical, emotional and financial injury,” said U.S. Attorney Byung J. “BJay” Pak for the Northern District of Georgia. “While tremendous progress has been made in addressing the rights of crime victims, these funds will justly compensate and lessen the impact of their financial burdens, while also providing additional program resources to support them during their recovery process.”
“No amount of money can fully fix the traumas crime victims and their families frequently endure, but these funds can help offset financial, physical and emotional injuries,” said U.S. Attorney Charles E. Peeler for the Middle District of Georgia. “As important, these funds let the victim community know that their voices are heard.”
“The Department of Justice is committed to seeking justice for crime victims,” states U.S. Attorney Bobby L. Christine for the Southern District of Georgia. “This historic award, funded almost entirely out of the pockets of those convicted of crime, is an aggressive affirmation that we are putting victims first!”
“As the state administering agency for these funds, the Criminal Justice Coordinating Council (CJCC), is pleased to receive this funding and will continue to support organizations that provide direct services to crime victims in Georgia,” said Executive Director Jay Neal. “This funding allows us to aid people when they are potentially at the darkest time in their life, and for that, we are grateful.”
In Georgia, $6,623,000 is being awarded under the Victims of Crime Act (VOCA) Victim Compensation Grant Program to reimburse victims and survivors for medical expenses, mental health counseling, loss of income or support, funeral expenses, and crime scene sanitation. This compensation is often a lifeline to state and federal victims who face enormous financial setbacks on top of the emotional strife they experience.
In addition, $104,998,424 is being awarded to the State of Georgia under the VOCA Victim Assistance Formula grant to support providers of services to crime victims. These funds will be dispersed to local governments and community organizations that provide direct services to victims.
The awards are distributed through two grant programs administered by the Office for Victims of Crime (OVC), a component of the Department’s Office of Justice Programs, and are supported by the Crime Victims Fund, a repository of federal criminal fines, fees, and special assessments, which includes no tax dollars.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
State of Georgia Awarded $110 Million in Grants to Aid Crime VictimsRead the Press Release
ATLANTA – The U.S. Attorneys for the Northern, Middle and Southern Districts of Georgia and the Criminal Justice Coordinating Council (CJCC), announce the award of more than $110 million to fund local victim assistance programs across the state and to help compensate victims for crime-related losses. This is the largest award to the State of Georgia under this program in its history.
“Crime victims often suffer physical, emotional and financial injury,” said U.S. Attorney Byung J. “BJay” Pak for the Northern District of Georgia. “While tremendous progress has been made in addressing the rights of crime victims, these funds will justly compensate and lessen the impact of their financial burdens, while also providing additional program resources to support them during their recovery process.”
“No amount of money can fully fix the traumas crime victims and their families frequently endure, but these funds can help offset financial, physical and emotional injuries,” said U.S. Attorney Charles E. Peeler for the Middle District of Georgia. “As important, these funds let the victim community know that their voices are heard.”
“The Department of Justice is committed to seeking justice for crime victims,” states U.S. Attorney Bobby L. Christine for the Southern District of Georgia. “This historic award, funded almost entirely out of the pockets of those convicted of crime, is an aggressive affirmation that we are putting victims first!”
“As the state administering agency for these funds, the Criminal Justice Coordinating Council (CJCC), is pleased to receive this funding and will continue to support organizations that provide direct services to crime victims in Georgia,” said Executive Director Jay Neal. “This funding allows us to aid people when they are potentially at the darkest time in their life, and for that, we are grateful.”
In Georgia, $6,623,000 is being awarded under the Victims of Crime Act (VOCA) Victim Compensation Grant Program to reimburse victims and survivors for medical expenses, mental health counseling, loss of income or support, funeral expenses, and crime scene sanitation. This compensation is often a lifeline to state and federal victims who face enormous financial setbacks on top of the emotional strife they experience.
In addition, $104,998,424 is being awarded to the State of Georgia under the VOCA Victim Assistance Formula grant to support providers of services to crime victims. These funds will be dispersed to local governments and community organizations that provide direct services to victims.
The awards are distributed through two grant programs administered by the Office for Victims of Crime (OVC), a component of the Department’s Office of Justice Programs, and are supported by the Crime Victims Fund, a repository of federal criminal fines, fees, and special assessments, which includes no tax dollars.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
South Carolina Man Participated in Scheme to Distribute MethRead the Press Release
PITTSBURGH, PA – A resident of South Carolina pleaded guilty in federal court to charges of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
Nathan Haskins, age 21, pleaded guilty to two counts before United States District Court Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that on July 29, 2016, Haskins conspired with others to distribute and possessed with intent to distribute over five grams of actual methamphetamine.
Judge Hornak scheduled sentencing for December 20, 2018. The law provides, at each count, for a term of imprisonment of not less than five years and not more than 40 years, a fine of not more than $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.
The Stowe Township Police Department and the Drug Enforcement Administration conducted the investigation leading to the indictment in this case.
Sixth Massachusetts State Trooper Charged in Overtime Abuse InvestigationRead the Press Release
BOSTON – A suspended Massachusetts State Police Trooper was charged and agreed to plead guilty today in connection with being paid over $11,000 for overtime hours that he did not work.
Kevin Sweeney, 40, of Braintree, was charged with one count of embezzlement from an agency receiving federal funds and one count of wire fraud. Sweeney has agreed to plead guilty; a court date has not yet been scheduled.
According to court documents, Sweeney was a MSP Trooper assigned to Troop E, which was responsible for enforcing criminal and traffic regulations along the Massachusetts Turnpike, Interstate I-90. In 2015, Sweeney earned $249,407, which included approximately $111,808 in overtime pay. In 2016, Sweeney earned $218,512, which included approximately $95,895 in overtime pay.
Sweeney was allegedly paid for overtime shifts that he either did not work at all or from which he left early. Sweeney concealed his fraud by submitting fraudulent citations designed to create the appearance that he had worked overtime hours that he had not, and falsely claimed in MSP paperwork and payroll entries that he had worked the entirety of his overtime shifts.
For example, on Dec. 14, 2016, Sweeney claimed in MSP payroll submissions and other paperwork to have worked a “D AIRE” overtime shift from 7:00 p.m. to 11:00 p.m. Sweeney allegedly wrote eight motor vehicle citations during the shift and submitted copies of those citations to MSP as evidence that he had worked. Yet, Sweeney’s cruiser radio was not turned on during the overtime shift, he did not run any driver histories during the shift, and Registry of Motor Vehicle records reflect that none of the motorists that Sweeney claims to have cited actually received a citation that day.
Sweeney has agreed to plead guilty to being paid $11,103 for overtime hours that he did not work. The overtime in question involved the Accident and Injury Reduction Effort program (AIRE) and the “X-Team” initiative, which were 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.
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.
Sweeney is the sixth trooper charged as a result of the ongoing investigation. On June 27, 2018, former Lieutenant David Wilson, 57, of Charlton; Trooper Gary Herman, 45, of Chester; and former Trooper Paul Cesan, 50, of Southwick, were arrested and charged with the same crime. 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.
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. The charge of wire fraud provides for a sentence of no greater than 20 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.
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.
Silver Spring Felon Convicted of FirebombingRead the Press Release
Greenbelt, Maryland – A federal jury convicted Darius Eric Wilder, age 41, of Silver Spring, Maryland, on August 16, 2018, on charges related to the firebombing of his ex-girlfriend’s apartment.
The conviction was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Baltimore Field Division; Chief J. Thomas Manger of the Montgomery County Police Department, and Fire Chief Scott Goldstein of the Montgomery County Fire and Rescue Service.
According to the information presented at Wilder’s four-day trial, on April 15, 2017, at approximately 9:22 p.m. the Montgomery County Fire and Rescue Service responded to a fire on the balcony of an apartment in Gaithersburg, Maryland, which they located and extinguished. Investigators from the Montgomery County Office of Fire and Explosives Investigation conducted an investigation and located two incendiary bombs, commonly known as Molotov cocktails. One of the Molotov cocktails was on the balcony of the apartment, and damaged the wooden decking and children’s bikes. The second Molotov cocktail was on the ground below. The liquids within the bottles as well as wick material found in the debris field were submitted to the ATF Forensic Science Laboratory, which later confirmed the presence of gasoline. The ATF National Laboratory Center also conducted DNA analysis of the bottles and found that Wilder was a possible contributor to the DNA profile found on one of the Molotov cocktails.
According to trial testimony, the individual who leased the apartment had recently attempted to end a relationship with Wilder, but Wilder continued to contact the woman. The evidence showed that on April 15, 2017, Wilder had texted and called the woman repeatedly, with the last text occurring at 9:13 p.m. Cell location data established that Wilder’s cell phone was located in the area of the apartment complex at around the time of the fire.
Witnesses testified that on April 18, 2017, law enforcement attempted to stop Wilder’s vehicle, but Wilder rammed a police vehicle and ran away. Montgomery County Police officers pursued and arrested Wilder.
Wilder had a previous felony conviction and was therefore prohibited from possessing destructive devices.
Wilder faces a maximum of 10 in prison for being a felon in possession of a destructive device; a mandatory minimum sentence of five years and a maximum of 20 years in prison for arson affecting interstate commerce; and a mandatory minimum sentence of 30 years and a maximum of life in prison for use and carry of a destructive device during and in relation to a crime of violence and possession of a destructive device in furtherance of a crime of violence. U.S. District Judge George J. Hazel has scheduled sentencing on December 6, 2018 at 10:00 a.m.
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.
United States Attorney Robert K. Hur commended the ATF, the Montgomery County Police Department, the Montgomery County Fire and Rescue Service, and the Federal Bureau of Investigation Cellular Analysis Survey Team (CAST) for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Jennifer Sykes and Nicolas Mitchell, who prosecuted the case.
Ripley Man and Convicted Felon Guilty of Illegal Possession of a FirearmRead the Press Release
Memphis, TN – Following a two-day jury trial in federal court, a Ripley, Tennessee man has been found guilty as a felon in possession of a firearm. D. Michael Dunavant, United States Attorney for the Western District of Tennessee announced the guilty verdict today.
According to evidence presented at trial, in January 2017, the 25th Judicial Drug Task Force initiated an investigation into the illegal drug trafficking of Jason Nixon, 36. The investigation revealed that Nixon was selling marijuana out of his residence. On January 27, 2017, the 25th Judicial Drug Task Force and members of the Ripley Police Department and Lauderdale County Sheriff’s Department executed a search warrant at Nixon’s residence. A loaded Clerke .32 caliber revolver, multiple bags of marijuana, a digital scale and several rounds of ammunition were recovered from the property.
U.S. Attorney Dunavant said, "This defendant has devoted his entire adult life to criminal activity, and his prior conviction history demonstrates his disrespect for the law and danger to the Lauderdale County community. As a result of his prior criminal behavior, Nixon may now qualify as an armed career criminal subject to a mandatory minimum sentence of 15 years in federal custody. The people of Lauderdale County and West Tennessee are safer because of this federal conviction that will remove him from our streets."
This case was investigated by the 25th Judicial Drug Task Force, Ripley Police Department, Lauderdale County Sheriff’s Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant U.S. Attorneys David Biggers and Raney Irwin are prosecuting this case on the government’s behalf.
Repeat Offender Sentenced to 15 Years for Child PornographyRead the Press Release
ASHEVILLE, N.C. – U.S. District Judge Martin Reidinger yesterday sentenced a repeat offender to 15 years in prison for receipt of child pornography, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina. Nathaniel Guru Thompson, 31, of Asheville, was also ordered to serve a lifetime of supervised release and to register as a sex offender after he is released from prison.
“Thompson is the type of criminal that needs to be removed from society and put into a prison cell, where he can no longer harm children,” said U.S. Attorney Murray. “There is a misconception among some that viewing child pornography is a lesser offense. Let me set the record straight: viewing, sharing, or receiving images that depict children being sexually abused is a crime that is just as serious and heinous as of those who perpetrate the depicted sexual abuse on the children. I commend the Asheville Police Department, the North Carolina Internet Crimes Against Children (ICAC) Task Force, and the U.S. Probation Office for joining us in our efforts to protect the most vulnerable members of our society and bring perpetrators like Thompson to justice.”
According to court documents and information introduced at the sentencing hearing, Thompson was convicted in 2011 in the Western District of North Carolina of possession of child pornography. As part of his sentence, the Court ordered Thompson to serve a lifetime of federal supervised release. On July 10, 2017, law enforcement located at Thompson’s residence an internet enabled cell phone, which was in violation of the terms of his supervised release. After conducting a full forensic analysis of Thompson’s cell phone and a removable storage card, law enforcement determined that Thompson possessed more than 1,380 images of child pornography, and over 72 child pornography videos. Court records show that the images and videos, which Thompson had intentionally downloaded between May 1, and July 10, 2017, depicted infants, prepubescent children, and sadistic and masochistic conduct. Court records further show that Thompson had regularly viewed the images and the videos, as recently as July 10, 2017, which is the date the device was seized by law enforcement.
Thompson pleaded guilty to receipt of child pornography in March 2018. He is currently in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The Asheville Police Department conducted the investigation. In making today’s announcement U.S. Attorney Murray thanks the U.S. Probation Office and the North Carolina Internet Crimes Against Children (ICAC) Task Force for their invaluable assistance with the case. The U.S. Attorney’s Office in Asheville was in charge of the prosecution.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Previously Convicted Former State Representative Sentenced for Obstruction of JusticeRead the Press Release
BOSTON – A former Dartmouth Selectman was sentenced today in federal court in Boston in connection with concealing approximately $2.5 million in cash from the U.S. District Court following his sentencing proceedings in 2015.
John George Jr., 71, was sentenced by U.S. District Court Senior Judge Douglas P. Woodlock to five months in prison, one year of supervised release and ordered to forfeit $250,000. In March 2018, George pleaded guilty to one count of obstruction of justice.
In July 2015, George was sentenced to 70 months in prison and ordered to pay restitution of $688,772 and forfeiture of $1.38 million for embezzling hundreds of thousands of dollars from the Southeastern Regional Transit Authority (SRTA). George was required to disclose his financial status to the Court, and reported that he only possessed approximately $28,000 in cash. However, in December 2015 and January 2016, federal law enforcement recovered more than $2.5 million in cash, as well as Rolex watches and jewelry that George had concealed in safe deposit boxes in New Bedford and Fairhaven.
United States Attorney Andrew E. Lelling; Douglas Shoemaker, Special Agent in Charge of the Department of Transportation, Office of the Inspector General, Office of Investigations; Kristina O’Connell, Special Agent in Charge of Internal Revenue Service’s Criminal Investigation in Boston; and U.S. Marshal John Gibbons for the District of Massachusetts made the announcement today. Assistant U.S. Attorney Dustin Chao of Lelling’s Public Corruption Unit prosecuted the case.
Pasadena Bank Robber Sentenced to 12 Years in Federal PrisonRead the Press Release
Baltimore, Maryland – U.S. District Judge George L. Russell, III sentenced Steven Murn, age 50, of Pasadena, Maryland, today to 12 years in prison, followed by five years of supervised release, for armed bank robbery and attempted bank robbery. Judge Russell also ordered Murn to pay restitution of $1,210.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; and Anne Arundel County Police Chief Tim Altomare.
According to information presented to the court at his plea and sentencing hearings, on August 19, 2016, Murn attempted to rob a bank in the 3200 block of Pasadena, Maryland. Murn entered the bank wearing a wig and a baseball cap and carrying a bag. He went to the check-writing station in the lobby, then to a teller station. The teller asked Murn to remove his hat and he complied. Murn then placed his bag on the teller counter and said “C’mon!” The teller said, “No.” Murn grabbed the bag, left the bank, and ran away.
On August 29, 2016, Murn robbed a bank in the 8100 block of Jumpers Hole Road in Pasadena. Murn entered the bank wearing an orange safety vest over a tee shirt and a hard hat with a towel draped beneath it, and carrying a bag. After writing a note on a deposit slip that read, “Bomb all money now please,” Murn gave the teller the note, placed a fake bomb on the counter in front of a teller station, and demanded money. The teller opened the cash drawer and Murn reached over the counter and removed bundles of cash. Murn then left the bank and drove away in his car, which was parked nearby. He was arrested the next day in Franklin County, Pennsylvania.
According to information presented to the Court, Murn assaulted a Pennsylvania State Trooper at the time of his arrest in Chambersburg, Pennsylvania, and threatened to kill the officers. Murn was later taken to the hospital, complaining of chest pain, where on September 3, 2016, he attempted to disarm an officer by grabbing his pistol and holster from the officer’s duty belt. The officer struggled with Murn to recover the weapon. On that same date, while being transported to the Franklin County Jail, Murn kicked out a window of the van, shattering the glass, and attempted to wriggle out of the van through the window. Murn was placed back in the van and transported to jail.
Judge Russell ordered that Murn’s federal sentence run concurrent to the remaining sentence Murn is serving in Pennsylvania for attempted escape, disarming an officer, and making threats to the police.
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.
United States Attorney Robert K. Hur commended the FBI and the Anne Arundel County Police Department for their work in the investigation and thanked the Pennsylvania State Police for its assistance. Mr. Hur thanked Assistant U.S. Attorney Matthew J. Maddox, who prosecuted the case.