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Friday 17 August 2018
District Man Sentenced to 10 Years in Prison for Repeatedly Sexually Assaulting Female CousinRead the Press Release
WASHINGTON – A 24-year-old man from Washington, D.C. was sentenced today to 10 years in prison for engaging in sexual acts in his home with a cousin who was 9 and 10 years old at the time, announced U.S. Attorney Jessie K. Liu.
The defendant, who is not identified here to protect the privacy of the victim, pled guilty in April 2018, in the Superior Court of the District of Columbia, to two counts of second-degree child sexual abuse. He was sentenced by the Honorable Danya A. Dayson. Once released from prison, the defendant will be placed on three years of probation. He will also be required to register as a sex offender for 10 years.
According to the government’s evidence, between Sept. 1, 2016 and Oct, 31, 2017, the defendant engaged in sexual acts with the young girl at his residence in Southeast Washington. He was arrested on Feb. 13, 2018, and has been in custody ever since.
In announcing the sentence, U.S. Attorney Liu praised detectives from the Metropolitan Police Department’s Youth Division; as well as employees of the girl’s school, who upon learning of the sexual abuse, immediately notified the police. She also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Brenda C. Williams and Victim/Witness Advocate Juanita Harris. Finally, U.S. Attorney Liu commended Assistant U.S. Attorney Peter V. Taylor, who investigated and prosecuted this case.
Deputy Assistant Attorney General David Rybicki of the Justice Department’s Criminal Division Delivers Remarks at the Alaska Wellness Summit 2.0: Confronting Alaska’s Crime WaveRead the Press Release
Good afternoon. And thank you Senator Sullivan for that gracious introduction. It’s a pleasure to be here in the great State of Alaska to participate in the Alaska Wellness Summit 2.0.
I also want to thank Senator Sullivan for his leadership in convening this important event, along with everyone whose hard work went into organizing it.
Senator Sullivan is a long-time public servant and former Attorney General of Alaska, and I know he has a great appreciation for our men and women in law enforcement.
It is also a pleasure to be here with my friend and colleague, U.S. Attorney Bryan Schroder, who is doing a tremendous job leading the U.S. Attorney’s Office for the District of Alaska.
U.S. Attorney Schroder and I have worked together on violent crime issues and I applaud his leadership in Alaska’s law enforcement community.
As this event recognizes, crime—especially violent crime—remains a significant problem throughout our country, including here in Alaska.
We also face an ongoing crisis involving opioids and other dangerous drugs.
We have violent gangs terrorizing communities across our country.
Criminals in the United States and overseas are targeting Americans in financial fraud schemes that destroy people’s hard earned savings, often taking a particular toll on our seniors.
Cyber criminals are stealing our private information, hacking into our online accounts, and stealing intellectual property from our businesses.
And criminals are coming up with new schemes every day to steal taxpayer dollars from our federal health care programs, like Medicare, Medicaid, and the TRICARE program that provides healthcare to our military families.
But we are making progress.
Under the leadership of President Trump and Attorney General Sessions, we are taking an all-hands approach to law enforcement.
Last June, Attorney General Sessions announced the largest surge in federal prosecutors in decades. Across the country, we are hiring more federal prosecutors, including right here in Alaska.
In the Criminal Division at the Justice Department, where I work, we recently marked a particularly important milestone—our Assistant Attorney General Brian Benczkowski, was just confirmed by the U.S. Senate a few weeks ago.
Under his leadership, we will continue the Division’s commitment to the rule of law and protecting our citizens, working more closely than ever with our federal, state, and local law enforcement partners.
Partners like the Coast Guard, which under Admiral Shultz is our primary defense to drug smuggling on the high seas and which works closely with DOJ’s Narcotic and Dangerous Drugs Section.
DOJ is working with State Attorneys General, like Jahna Lindemuth, not only to investigate and prosecute cases, but also to educate the public and prevent crime through programs such as our Elder Justice Initiative. Under that initiative, which was announced by Attorney General Sessions in February, we now have an Elder Justice Coordinator in each of our 93 U.S. Attorney’s Offices, including here in Alaska.
I know this is a particularly important issue for U.S. Attorney Schroder as well, who has made it a priority to prosecute elder fraud cases, working together with FBI, the U.S. Postal Inspection Service, and the State of Alaska’s Office of Elder Fraud and Assistance.
Just this past December, his office secured a 10-year sentence against a Washington State man who defrauded Alaskans out of approximately 2.7 million dollars as part of an advance-fee scheme that preyed upon the sick and elderly.
In connection with the focus on elder justice that I just mentioned, this February Attorney General Sessions announced the coordination of a nationwide elder fraud sweep that involved approximately 200 criminal defendants who were engaged in a variety of fraud schemes, ranging from mass mailing to telemarketing and investment scams, targeting seniors in Alaska and around the nation.
In my current role as Deputy Assistant Attorney General in the Department’s Criminal Division, I am tasked with overseeing the Organized Crime and Gang Section. I’m in a position to see all of the great work that our 700 federal prosecutors in the Criminal Division are doing each day to protect the American people across the country, often with prosecutors in U.S. Attorney’s Offices, and with federal, state and local law enforcement, to bring violent gang members to justice—members of gangs like MS-13.
Fighting violent crime is a top priority of this Attorney General and this Administration—and I know it’s a priority for all of our citizens, and particularly for the people of Alaska. Between 2014 and 2016, the national violent crime rate increased by around seven percent, and the murder rate went up by roughly 20 percent. As of the most recent FBI statistics, in 2016, Alaska had the highest rate of violent crime per capita of any state at approximately 800 offenses per 100,000 persons.
Under U.S. Attorney Schroder, the U.S. Attorney’s Office here has doubled down in its efforts against violent crime. Bottom line is that Bryan’s office went from 154 violent crime cases filed in calendar year 2016, to 186 cases filed in calendar year 2017. That’s a 20.7 percent increase. The number of defendants charged went up even more, from 198 in calendar year 2016, to 243 in calendar year 2017, a 22.7 percent increase.
In October last year, he announced the Office’s Anti-Violent Crime Strategy, which brings together city, state, and federal authorities to combat rising crime in Alaska. He did it as part of the Attorney General’s October 2017 renewal of “Project Safe Neighborhoods,” a nationwide program that partners federal, state, and local law enforcement agencies.
A key part of the anti-violent crime strategy here in Alaska involves greater collaboration with local law enforcement. Here in Anchorage, the FBI has assigned a Special Agent to work full time with the Anchorage Police Department’s homicide unit.
The Anchorage Police Department is also using the Integrated Ballistic Identification System, a national system hosted by the ATF that allows local law enforcement to quickly enter ballistics information and search against evidence from their jurisdiction, neighboring ones, and others across the country.
I’d like to switch gears now and address a few of the other significant threats to public safety and public health that Attorney General Sessions has made a priority for federal prosecutors.
Health Care Fraud.
We’re working to protect the federal health care system that benefits Alaskans and all Americans. The success of the Department’s approach to health care fraud was on full display a few weeks ago when Attorney General Sessions and U.S. Department of Health and Human Services (HHS) Secretary Azar announced the largest ever health care fraud enforcement action in history.
This year’s takedown involved charges against 601 defendants across 58 federal districts, including 165 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving more than $2 billion in false billings. These are cases that impact every American taxpayer. When a criminal in Miami steals money from Medicare, it impacts taxpayers in Anchorage.
As a result of our focus on health care fraud, in Miami and Detroit, we have seen a 20 percent drop in Medicare Part A and B billings. That amounts to over $2 billion in savings for all taxpayers annually.
Just as important as the fraud charges, 162 defendants, including 57 medical professionals, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics.
The opioid epidemic has hit Alaska hard.
Admissions for treatment of opioid abuse increased almost 60 percent in 2014. Recent data show that over 200,000 Alaskans out of a state population of around 740,000, obtained prescriptions Schedule 2 controlled substances, including opioids—that’s 27 percent of the population. According to the National Institute on Drug Abuse, approximately 80 percent of heroin users reported starting their addiction with these kinds of prescription opioid painkillers.
While the majority of those opioids were initially prescribed in good faith by doctors trying to do right by their patients, the data indicate that there is unfortunately no shortage of medical professionals only too willing to prescribe opioids for any reason, or for no reason all—and that’s a crime.
By investigating and prosecuting corrupt doctors and pharmacists who are illegally prescribing and distributing prescription opioids, we can stem the flow of these dangerous narcotics onto our streets. As we reduce the flow of prescription opioids, we seek to prevent the next generation of addicts.
We are also attacking other cases involving opioids, including by charging suppliers in China who are manufacturing deadly fentanyl that is being sold over the internet to people in the United States.
And we continue our work in dismantling drug trafficking organizations and cartels that continue to flood our streets with deadly poisons here and in the lower 48.
On the cyber and child exploitation front, in April of this year, the Department announced charges against seven individuals and the seizure of Backpage.com, the internet’s leading forum for prostitution ads, including ads advertising the prostitution of children. Backpage was allegedly used as a platform that allowed human traffickers to thrive.
Also this year, prosecutors in our Organized Crime and Gang section charged 36 cybercriminals from the United States and 17 countries on five continents who participated in a transnational cyber enterprise called “Infraud.”
Members of the Infraud Organization used the forum to coordinate and conduct online criminal activities that included identity theft, bank fraud, wire fraud and computer crimes, resulting in more than $530 million in losses to financial institutions, merchants, and private individuals in all 50 states.
Our prosecutors work day and night, across the country, side by side with our law enforcement partners, as we tackle these problems that are so important to the Department, the people of Alaska, and the nation.
While many of our investigations are taken out of the public eye, know that we are here, we are dedicated, and we will not waiver in our mission of protecting the American public. Our goal is simple—we will use every lawful tool available to ensure that our citizens, our businesses, and our country can thrive, without fear of crime.
As federal prosecutors, we are not here to fill up the prisons or manage crime — that’s not our goal. Our goal is to reduce crime — to bend that trend curve downward in Alaska and across the nation.
Thank you for your time today. I look forward to the remainder of the program.
Defendants Who Cashed More than $2.6 Million in IRS Tax Refunds Sentenced for Participating in Stolen Identity Refund Fraud SchemeRead the Press Release
Philadelphia – United States Attorney William M. McSwain announced today that Jose Castillo, 40 formerly of Allentown, and Ivan German Sierra, 32, also formerly of Allentown, were sentenced today by Judge Edward G. Smith to 57 month and 54 month, respectively. On January 23, 2018, Castillo pleaded guilty to conspiracy to submit false claims to the United States and to misuse of a social security number. German Sierra pleaded guilty on January 31, 2018, to conspiracy to submit false claims to the United States. Judge Smith also ordered both defendants to pay restitution to the United States in the amount of $2,644,604.33.
Castillo and German Sierra conspired with others, including Juan Carlos Ortiz and Jessenia Cordero, to obtain lists of Puerto Rico residents’ names and social security numbers and to use the victims’ stolen identifying information to file fraudulent tax returns with the Internal Revenue Service (IRS). The IRS sent refund checks payable to the victims, and the co-conspirators cashed checks totaling more than $2.6 million. Ortiz was sentenced to 3 years’ imprisonment, in addition to repaying 2.5 million in restitution. Cordero was sentenced to 3.5 years’ imprisonment and ordered to repay more than $4 million in restitution.
“Crooks never stop looking for ways to take what isn’t theirs, regardless of the consequences to their victims,” said U.S. Attorney McSwain. “Identity theft is a serious matter, and those who seek to cheat the government by filing phony tax returns and collecting refund checks using stolen identities will be prosecuted to the fullest extent of the law.”
"Stealing money from the government through identity theft and fraud schemes negatively impacts everyone, as much needed funding is diverted to individuals for their own selfish gain instead of the intended government programs" said Marlon V. Miller, Special Agent in Charge of HSI Philadelphia. "HSI will continue to work with our law enforcement partners to detect and hold accountable those individuals who exploit and compromise the integrity of the taxpayer system."
“Jose Castillo and Ivan German-Sierra thought they had figured out a clever scheme to thwart the IRS and steal from American taxpayers,” said Guy Ficco, IRS Criminal Investigation Special Agent in Charge. “Stealing identities and filing false tax returns is a serious crime that hurts innocent taxpayers. IRS Criminal Investigation is serious about investigating these crimes and holding accountable those who defraud the government.”
The case was investigated by the Division, Immigration and Customs Enforcement-Homeland Security Investigations, Internal Revenue Service Criminal Investigation, and the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney David J. Ignall.
David Michael Sare Sentenced to over 10 Years in Prison in Ice Trafficking CaseRead the Press Release
SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant DAVID MICHAEL SARE, was sentenced on August 16 in the District Court of Guam to ten years and one month imprisonment. SARE, age 42, from Corona, California, was convicted of Conspiracy to Distribute Fifty (50) grams or more of Methamphetamine Hydrochloride, in violation of 21 U.S.C. § 846. SARE had an extensive criminal history including previous convictions for possessing drugs while armed, burglary and receiving stolen property. The Court acknowledged SARE’s statements that his drug addiction had contributed to his long criminal history. The Court also ordered SARE to pay a mandatory $100 assessment fee and serve five years of supervised release after his term of imprisonment. In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
From March 1, 2016 until August 15, 2016, in Guam and in California, SARE conspired with co- defendant Katlyn Scully to distribute methamphetamine. SARE assisted Scully in procuring the methamphetamine, and prepared the drug so that Scully could carry it into Guam inside of her body. SARE also assisted Scully in arranging a trip to Guam to deliver the drugs to co-defendant Timothy Duenas who was to distribute the methamphetamine on island.
On August 15, 2016, SARE and Scully arrived on Guam via United Airlines Flight #201 from California, by way of Hawaii. Guam Customs and Quarantine Agency Officers were suspicious of their behavior and sent them through secondary customs inspection where two condoms containing methamphetamine were found in their luggage. Scully also had additional condoms containing methamphetamine seized from her purse, and had additional methamphetamine inside of her body cavities. The total amount of drugs seized was 407.3 grams of ice, 98% pure, with a street value of over $200,000.
The case was investigated by the Drug Enforcement Administration, Guam Customs and Quarantine Agency and the Department of Homeland Security, Homeland Security Investigations. Belinda Alcantara, an Assistant United States Attorney for the District of Guam, represented the government during sentencing proceedings.
DOJ and DEA Propose Significant Opioid Manufacturing ReductionRead the Press Release
ALEXANDRIA, Va. – The Department of Justice and U.S. Drug Enforcement Administration (DEA) have proposed a reduction for controlled substances that may be manufactured in the U.S. next year.
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 six most 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.
“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.”
On July 11, the Justice Department announced that DEA was issuing a final rule amending its regulations to improve the agency’s ability to 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.
“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.”
In setting the aggregate production quota (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.
“Investigating and prosecuting opioid related crimes is a top priority of this office as we continue to battle this deadly epidemic,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Cutting opioid prescription rates and production quotas will reduce the amount of diverted drugs on the streets and help law enforcement in our pursuit of keeping our communities safe from this poison. Diversion and illicit use of these addictive substances has resulted in the death of far too many Virginians and destroyed the lives of the loved ones they have left behind.”
The DEA has proposed to reduce more commonly prescribed schedule II opioids, including oxycodone, hydrocodone, oxymorphone, hydromorphone, morphine, and fentanyl. See PDF attached to this message.
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.
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 due to 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.
Convicted Alien Smuggler Sentenced to 44 Months for Actions Resulting in Injury to Border Patrol AgentRead the Press Release
Assistant U. S. Attorney Timothy D. Coughlin (619) 546-6768
NEWS RELEASE SUMMARY – August 17, 2018
SAN DIEGO – Jaime Aburto, a United States citizen with a prior alien smuggling conviction, was sentenced in federal court today to forty-four months in prison for his role in a smuggling incident that left a Border Patrol Agent injured.
The sentence was handed down by U.S. District Judge Gonzalo P. Curiel following the defendant’s guilty plea in May to one count of Transportation of Certain Aliens for Financial Gain, in violation of Title 8, United States Code, Section 1324. During today’s sentencing, the Court heard testimony from United States Border Patrol Agent Francisco Hurtado, who was seriously injured in apprehending Aburto.
“Smugglers see customers as dollar signs and have no concern for the safety and well-being of those they smuggle,” said U.S. Attorney Adam Braverman. “This office is committed to prosecuting smugglers, particularly when it results in an injury to a border patrol agent performing his duties.”
According to Agent Hurtado, he was performing his assigned duties in the Chula Vista Border Patrol Station’s area of responsibility when he was notified by a fellow agent that she had observed two suspected aliens attempting to conceal themselves in a construction area near the border. Agent Hurtado responded to the area and positioned himself to make contact with any vehicle that may attempt to pick up the two suspected aliens. In fact, a white van stopped and the two suspected aliens jumped into the van. Agent Hurtado began to follow the van and activated his emergency lights and siren as he observed the vehicle traveling westbound on State Route 11. Agent Hurtado gave the driver of the van, later determined to be Defendant Aburto, an opportunity to pull over and stop at a safe location. Aburto did not stop and accelerated to a speed of over 100 miles per hour and merged onto State Route 125.
Over the next several miles of his pursuit, Agent Hurtado saw defendant Aburto make a dangerous U-turn in the center median of SR 125, speed through a red traffic light across oncoming traffic near Otay Mesa Road, swerve around moving traffic, drive over the dividing median on Siempre Viva Road, drive through two heavily populated retail commercial lots and finally drive onto the sidewalk along the southbound lane of Roll Avenue, where he struck a pole and came to a stop.
The defendant jumped from the van and began to run southbound on Roll Avenue towards the Otay Mesa, California Port of Entry. Agent Hurtado engaged in a foot pursuit of Aburto and was able to overtake him. There was a brief struggle as both Agent Hurtado and Aburto ended up wrestling on the ground. Agent Hurtado placed Aburto under arrest with the assistance of fellow border patrol agents.
As a result of Aburto’s actions of resisting arrest, Agent Hurtado sustained a serious leg injury which required him to be out of work for several weeks. He is still working to recover full mobility. Agent Hurtado spoke at Aburto’s sentencing detailing his prior military service and his 15-year career with the Border Patrol. Judge Curiel departed upward given the injury sustained by Agent Hurtado and sentenced Aburto to 44 months in custody.
DEFENDANTS Case Number: 18cr1975-GPC
Jaime Aburto Age: 38 San Diego, California
SUMMARY OF CHARGES
One Count – Transportation of Certain Aliens for Financial Gain and Aiding and Abetting – Title 8, U.S.C., Section 1324(a)(1)(A)(ii) and (a)(1)(B)(i)
AGENCIES
Homeland Security Investigations
U.S. Border Patrol
Clinton County Man Sentenced for Unlawful Asbestos RemovalRead the Press Release
On August 16, 2018, Joseph Michael Kehrer, 63, was sentenced to five months of imprisonment for failing to notify regulatory authorities before removing asbestos material, United States Attorney for the Southern District of Illinois, Steven D. Weinhoeft, announced today. Kehrer had previously pled guilty to the charge, which is a felony violation of the federal Clean Air Act. Upon release from imprisonment, Kehrer will be placed on supervised release for a term of one year, with the first five months on home confinement subject to electronic monitoring. The district court also ordered Kehrer to pay a criminal fine of $50,000.
Kehrer admitted that in February and March of 2015, he was the owner of a building formerly as the Okawville Elementary School in Okawville, Illinois (Washington County). During that time and during a renovation activity, Kehrer caused the removal of a combined amount of material containing asbestos greater than 160 square feet. Under such circumstances, Kehrer was required by law to notify regulatory authorities – in this instance, the Illinois Environmental Protection Agency (IEPA) – at least ten working days prior to removing the asbestos material. Kehrer admitted he knowingly failed to provide the prior notification to IEPA.
At sentencing, the district court considered as aggravating factors Kehrer’s role in the offense as a manager or supervisor of the activity, as well as efforts he made to obstruct and impede the administration of justice during the investigation. Specifically, when the Occupational Safety and Health Administration went to inspect the former school, Kehrer told inspectors that the only asbestos present was contained on the pipe insulation. In fact, Kehrer had received an asbestos inspection report in 2014 documenting additional asbestos within the school. Kehrer also denied knowing about the grinding and sanding of the former school floors when, in fact, he was the one who directed the workers to sand and grind.
"This case demonstrates that those who place communities at risk by failing to abide by the law will be held accountable for their actions," said Special Agent in Charge Jeffrey Martinez of EPA’s criminal enforcement program in Illinois.
The investigation is being conducted by the U.S. Environmental Protection Agency’s Criminal Investigation Division and the U.S. Department of Labor, Office of Inspector General. The case is being prosecuted by Assistant United States Attorney William E. Coonan, with the assistance of David P. Mucha, Regional Criminal Enforcement Counsel, U.S. Environmental Protection Agency.
California Man Sentenced to 22 Years in Federal Prison for Unlawfully Possessing Firearms in Twin FallsRead the Press Release
BOISE – On Wednesday, Eric Courtney Hunter, 39, of Victorville, California, was sentenced to 262 months in federal prison for unlawful possession of firearms by a felon, U.S. Attorney Bart M. Davis announced. Hunter was indicted by a grand jury on February 15, 2017. The case went to trial on January 31, 2018, and ended with the jury finding Hunter guilty of all counts on February 5, 2018.
According to evidence presented at trial, on December 6, 2016, Twin Falls police officers responded to a 911 call reporting shots fired at a Twin Falls residence. Officers found evidence that a gun had been fired, including a hole in the window and shotgun shells on the ground. Witnesses at trial confirmed it was Hunter who fired the shotgun. A month later on January 6, 2017, a woman reported to Twin Falls police that Hunter stole her BMW and $27,000. When police found the BMW, Hunter was driving the vehicle and had $27,100 in his pocket. During a search of the car, police found the shotgun in the backseat and ammunition in Hunter’s suitcase. Hunter was prohibited from possessing firearms because he was convicted of felony crimes, including witness intimidation in Twin Falls County, Idaho on May 29, 2015.
Additional information presented at the sentencing hearing established that Hunter had eight prior felony convictions, three of which were violent felonies resulting in Hunter’s classification as an armed career criminal. Because of his status as an armed career criminal, Hunter was required to serve a minimum sentence of fifteen years. After considering everything, Chief U.S. District Judge B. Lynn Winmill sentenced Hunter to 262 months in federal prison followed by five years of supervised release.
This case was investigated by the Twin Falls Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the Twin Falls County Sheriff’s Office, and in coordination with the Twin Falls County Prosecuting Attorney’s Office.
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.
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Bitcoin Dealer Indicted on Money Laundering Charges; Held without BondRead the Press Release
Assistant U. S. Attorney Robert Ciaffa (619) 546-7748
SAN DIEGO – Jacob Burrell Campos, a 21-year-old Bitcoin dealer, was ordered held without bail today in connection with a 31-count indictment charging him with operating an illegal money transmitting business, failing to maintain an anti-money laundering program, international money laundering and conspiracy to structure monetary transactions. Burrell was arrested on August 13 as he tried to enter the United States from Mexico at the Otay Mesa Port of Entry.
According to statements made in court by Assistant U.S. Attorney Robert Ciaffa during today’s bond hearing, Burrell was a prolific Bitcoin dealer who sold approximately $750,000 worth of Bitcoin to hundreds of buyers throughout the United States. He conducted 971 separate transactions with over 900 individual customers, and accepted cash in person, through his bank accounts, and through MoneyGram. AUSA Ciaffa told the court today that Burrell operated as a Bitcoin “exchanger,” and his activities constituted a “money transmitting business.” As such, he was required to register with the Department of Treasury, and comply with all anti-money laundering requirements, including reporting suspicious cash transactions. In this case, Burrell accepted cash “with no questions asked,” and in return for a 5% fee, supplied hundreds of individuals with an easy outlet to avoid the anti-money laundering laws applicable to all financial institutions, including licensed and registered Bitcoin exchanges. According to AUSA Ciaffa, Burrell’s activities “blew a giant hole” through the legal framework of U.S. anti-money laundering laws by soliciting and introducing into the U.S. banking system close to $1 million in unregulated cash.
Burrell is also charged with 28 counts of international money laundering. According to the indictment, Burrell sent 28 wire transfers totaling over $900,000 from his bank accounts in the United States to a bank account in Taiwan in the name of Bitfinex. Bitfinex is a crypto-currency exchange located in Hong Kong. According to AUSA Ciaffa, Burrell sent the money from the United States to buy Bitcoin and fund his business. With these and other funds, Burrell bought over $3 million worth of Bitcoin in over 2,600 transactions. Burrell resorted to buying Bitcoin through Bitfinex after his account was closed by Coinbase, a U.S.-based Bitcoin exchange, for circumventing its ID verification process.
The indictment also charges Burrell with conspiracy to structure the importation of monetary instruments. According to statements made by AUSA Ciaffa in court today, Burrell agreed with others to smuggle over $1 million in U.S. dollars into the United States from Mexico, in amounts slightly less than $10,000, in order to avoid the currency reporting requirements.
U.S. Magistrate Judge Karen S. Crawford found that Burrell had significant ties to Mexico, citizenship in three countries, no steady employment in the United States, the ability to access large sums of cash, and a disdain and unwillingness to comply with U.S. laws. She concluded that Burrell posed a substantial risk of flight, and ordered him held without bail.
Burrell was born in San Diego, and lives in Rosarito, Baja California.
DEFENDANT Case Number 18CR3554-H
Jacob Burrell-Campos Age: 21 Rosarito, Baja California, Mexico
SUMMARY OF CHARGES
Count 1: Conducting an unlicensed money transmitting business, in violation of 18 USC 1960.
Statutory maximum: Five years in prison, $250,000 fine.
Count 2: Failing to maintain an anti-money laundering program, in violation of 18 USC 5318(h), 5322(b)
Statutory maximum: Ten years in prison, $500,000 fine.
Counts 3-30: International money laundering, in violation of 18 USC 1956(a)(2).
Statutory maximum: Twenty years in prison for each count, $500,000 fine.
Count 31: Conspiracy to structure international instrument transactions, in violation of 18 USC 371 and 31 USC 5324(c)(3)
Statutory maximum: Five years in prison, $250,000 fine.
AGENCIES
Homeland Security Investigations
Internal Revenue Service
Postal Inspection Service
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Alleged Human Rights Abuser Arrested for Naturalization FraudRead the Press Release
ALEXANDRIA, Va. – An alleged human rights abuser who participated in persecution during the Red Terror period in Ethiopia was arrested today for allegedly having fraudulently obtained United States citizenship.
“Negussie sought to outrun his past by allegedly employing deception to fraudulently obtain United States citizenship,” said U.S. Attorney G. Zachary Terwilliger. “This indictment reflects the government’s dedication to investigating and prosecuting criminal immigration cases, including those involving alleged human rights violators.”
According to allegations in the indictment, Mergia Negussie Habteyes, 58, a naturalized United States citizen residing in Alexandria, told a series of lies to United States immigration authorities in the course of obtaining authority to enter the United States as a refugee, subsequently obtaining lawful permanent-resident status, and ultimately obtaining U.S. citizenship. Specifically, the indictment asserts that, when he applied for naturalization in the United States, Negussie falsely stated that he never persecuted persons because of their political opinion, and he failed to disclose that he had committed a crime or offense for which he was not arrested. In fact, according to the indictment, Negussie served as a civilian interrogator in the Higher 3 prison in Ethiopia in the late 1970s, during a period known as the Red Terror. In that role, Negussie is alleged to have participated in the persecution, through brutality, of individuals imprisoned because of their political opinion. Additionally, Negussie falsely stated that he never gave false or misleading information to any U.S. government official while applying for any immigration benefit and that he never lied to U.S. immigration authorities to gain entry or admission into the United States and to obtain immigration benefits.
“Negussie allegedly concealed his role in persecuting Ethiopian prisoners for their political opinions during that country’s so-called Red Terror period when he applied for, and ultimately obtained, U.S. citizenship,” said Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division. “As this case demonstrates, the Justice Department will not allow the United States to become a safe haven for human rights violators, and we will continue to aggressively prosecute those who seek to exploit our immigration system through fraud and deceit.”
“The persecution of individuals for their political opinion and expression violates one of our most basic and foundational tenets as a nation,” said Patrick J. Lechleitner, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C. “We will not allow human rights violators to use lies, fraud and deceit to exploit our laws.”
Negussie is charged with unlawful procurement of naturalization. If convicted, he faces a maximum penalty of 10 years in prison. Conviction would also result in automatic revocation of Negussie’s United States citizenship as well as likely removal to Ethiopia. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
The case is being investigated by HSI with the support of the Human Rights Violators and War Crimes Center (HRVWCC). Established in 2009, the HRVWCC furthers the government’s efforts to identify, locate and prosecute human rights abusers in the United States, including those who are known or suspected to have participated in persecution, war crimes, genocide, torture, extrajudicial killings, female genital mutilation and the use or recruitment of child soldiers. The HRVWCC leverages the expertise of a select group of agents, lawyers, intelligence and research specialists, historians and analysts who direct the government’s broader enforcement efforts against these offenders. The HRVWCC is comprised of ICE HSI’s Human Rights Violators and War Crimes Unit, ICE’s Human Rights Law Section, FBI’s International Human Rights Unit and DOJ’s Human Rights and Special Prosecutions Section (HRSP).
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division, and Patrick J. Lechleitner, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C., made the announcement. Assistant U.S. Attorney Alexander Blanchard and Trial Attorney Jamie Perry of the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) are prosecuting the case.
Members of the public who have information about former human rights violators in the United States are urged to contact U.S. law enforcement through the Human Rights and Special Prosecutions Section at [email protected] or toll-free at 1-800-813-5863, or through the HSI tip line at 1-866-DHS-2-ICE or its online tip form at www.ice.gov/exec/forms/hsi-tips/tips.asp.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-350.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Alaska Resident Sentenced to Life in Prison in Connection with Shooting at Fort Lauderdale-Hollywood International AirportRead the Press Release
MIAMI, FL - Esteban Santiago-Ruiz (Santiago) was sentenced today to life in prison by United States District Judge Beth Bloom, after previously pleading guilty to charges of committing acts of violence at an international airport resulting in five deaths and serious injuries, in connection with the mass-shooting at Fort Lauderdale-Hollywood International Airport on January 6, 2017.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, Robert F. Lasky, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Scott Israel, Sheriff, Broward County Sheriff’s Office (BSO), made the announcement.
“While nothing can ever heal the wounds inflicted by the defendant’s unspeakable and horrific acts of violence, we hope that the life sentence imposed today provides at least some sense of justice for the victims and their loved ones,” said U.S. Attorney Benjamin G. Greenberg. “Though we all hope that such tragedy never again occurs, law enforcement remains committed to making our community safer and caring for victims of crime when tragedy strikes.”
“My thoughts are with the victims, their loved ones and everyone affected by this senseless and cowardly act of violence,” said Robert F. Lasky, Special Agent in Charge, FBI Miami. “While this sentence cannot erase what happened, may it serve to demonstrate society’s commitment to honor and remember those who suffered that day.”
“Since this horrible tragedy first occurred, my prayers have remained with the families,” Sheriff Scott Israel said. “Though this sentencing won’t change the outcome, I hope everyone affected by this killer’s heinous actions can find a way to move forward and heal.”
On May 23, 2018, Santiago pled guilty to five counts of committing acts of violence at an international airport causing death (Counts 1-5) and six counts of committing acts of violence at an international airport causing serious bodily injury (Counts 6-11), all in violation of Title 18, United States Code, Section 37(a)(1). Judge Bloom sentenced Santiago to five consecutive terms of life imprisonment on Counts 1-5, and consecutive terms of 20 years imprisonment on Counts 6-11.
According to court documents, shortly before 1 p.m. on January 6, 2017, Santiago carried out an armed attack on newly-arrived passengers retrieving their luggage in the Terminal 2 baggage claim area of the Fort Lauderdale-Hollywood International Airport in Fort Lauderdale, Florida. Santiago pulled out a handgun and started shooting at numerous victims, aiming at the victims’ heads and bodies until he was out of ammunition. Santiago killed five people and seriously wounded six more. Moments later, Santiago was confronted by a BSO deputy. He dropped his handgun on the ground and was arrested by BSO deputies. The FBI investigated the case along with the U.S. Attorney’s Office.
Mr. Greenberg commended the investigative assistance of FBI and BSO in this matter. This case was prosecuted by Assistant United States Attorneys Ricardo A. Del Toro and Lawrence D. LaVecchio.
Court documents and information related to this case 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.
Thursday 16 August 2018
Youngstown man indicted for using firearm and a drug house to sell marijuana, crack cocaine and other drugsRead the Press Release
A Youngstown man was indicted for using a firearm and drug house to distribute marijuana, crack cocaine and other drugs.
Rafael Samaniego, 26, was indicted on one count each of maintaining a drug involved premises, possession with the intent to distribute marijuana, possession of firearm in furtherance of drug trafficking crime and being felon in possession of firearm/ammunition.
Samaniego distributed marijuana beginning in April 2018. He also maintained a place on West Marion Avenue in Youngstown for distributing marijuana, crack cocaine and other drugs, according to the indictment.
Samanigo on April 11 possessed a Taurus .40-caliber pistol in relation to his drug trafficking. He was also prohibited from having a firearm because of a prior federal conviction for conspiracy to possess with intent to distribute heroin, according to the indictment.
The case is being prosecuted by Assistant U.S. States Attorney David M. Toepfer following an investigation by the Youngstown Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
If convicted, the defendant’s sentence will be determined by the Court after review of 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 violations. 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.
Woman Pleads Guilty to Meth Conspiracy and Prostitution ChargesRead the Press Release
NORFOLK, Va. – A Chesapeake woman pleaded guilty today to her involvement in a methamphetamine distribution conspiracy, promoting the prostitution of several adult women and two minor girls, and to a charge of tampering with a witness against her.
According to court documents, Randi Brooke Creef, 22, worked with several co-conspirators in Virginia and California to receive and distribute parcels of methamphetamine throughout Hampton Roads. She also helped the conspiracy in its efforts to prostitute several women – including at least two minor females – in hotels in Chesapeake and Virginia Beach. Creef rented hotel rooms, provided narcotics, collected proceeds of the commercial sex acts, and helped as otherwise needed. Creef sent the proceeds of her methamphetamine dealing and the commercial sex acts of the women to a co-conspirator in California. After her indictment, Creef began a campaign using her social media accounts to threaten and harass an individual she believed to be a witness against her, in an effort to dissuade that individual from further cooperating with law enforcement.
Creef pleaded guilty to conspiracy to distribute and possession with intent to distribute methamphetamine, use of facilities in interstate commerce to promote prostitution, and witness tampering. She faces a mandatory minimum term of five years in prison, and a maximum penalty of 40 years in prison when she sentenced on December 11. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk, James A. Cervera, Chief of Virginia Beach Police, and Col. K.L. Wright, Chief of Chesapeake Police, made the announcement after Senior U.S. District Judge Robert G. Doumar accepted the plea. Assistant U.S. Attorney V. Kathleen Dougherty and Darryl J. Mitchell are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-65.
Willmar Man Pleads Guilty to Federal Charges Related to Illegal Cache of Machine Guns, Pipe Bombs, SilencersRead the Press Release
United States Attorney Erica H. MacDonald announced the guilty plea of CHAD LEE MONSON, 46, for illegally possessing machine guns, pipe bombs, and silencers. MONSON, who was indicted on June 5, 2018, entered his guilty plea today before Judge Joan N. Ericksen in U.S. District Court in Minneapolis, Minnesota. A sentencing hearing is yet to be scheduled.
U.S. Attorney MacDonald thanked the ATF and CEE-VI Gang and Drug Task Force investigators for their skilled work in the case and for making the Willmar community a safer place.
According to the defendant’s guilty plea and documents filed in court, on January 30, 2018, law enforcement officers executed a search warrant at MONSON’S residence in Willmar, Minnesota. Inside the residence, officers found personal use amounts of illegal narcotic drugs, as well as sixteen firearms, and a large quantity of ammunition. On February 21, 2018, law enforcement officers executed two additional search warrants at a commercial utility building near MONSON’S residence. There, officers found ten machine guns, two of them with obliterated serial numbers, three pipe bombs, and three unregistered silencers. MONSON admitted to owning the weapons and acknowledged that he knew that the machine guns had been illegally converted to be capable of firing in “fully automatic” mode. As part of his guilty plea, MONSON must forfeit to the United States 12 firearms, three pipe bombs, and three silencers.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the CEE-VI Gang and Drug Task Force, with assistance from the Kandiyohi County Attorney’s Office.
Assistant United States Attorney John Docherty is prosecuting the case.
Defendant Information:
CHAD LEE MONSON, 46
Willmar, Minn.
Convicted:
- Possession of a machine gun, 1 count
- Possession of an unregistered destructive device (pipe bomb), 1 count
- Possession of an unregistered silencer, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
U.S. Attorney Justin Herdman praises the Justice Department and DEA's proposal to reduce opioid quotasRead the Press Release
United States Attorney Justin E. Herdman issued the following statement on the Justice Department and DEA's proposal to reduce the manufacturing quotas for opioids:
"The efforts announced by the Justice Department will restrict the supply of opioids on the front end of the overdose crisis. We have seen the death and destruction that can result from addiction. Our communities in Northern Ohio will be better off now and in the future thanks to this critical step."
U.S. Attorney Duncan Supports Justice Department, DEA Proposal to Reduce Controlled Substances Manufactured in the United StatesRead the Press Release
LEXINGTON, Ky. –The Department of Justice and U.S. Drug Enforcement Administration (DEA) have proposed a reduction for controlled substances that may be manufactured in the U.S. next year. 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 six most 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.
“In the Eastern District of Kentucky, we have all seen and been touched by the tragic consequences of opioid abuse and addiction,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “Illicit diversion of prescription opioids has been a significant catalyst for the epidemic and it is a critically important area to focus efforts to stem the tide. The proposed quota adjustment is another tool in this fight. We support the proposed adjustment, as it will reduce the amount of highly addictive opioids potentially available for illicit diversion.”
The press release announcing the proposal can be viewed at:
https://www.justice.gov/opa/pr/justice-department-dea-propose-significant-opioid-manufacturing-reduction-2019
U.S. Attorney Brady Fully Supports Justice Department, DEA’s Proposal to Significantly Reduce Opioid Manufacturing in 2019Read the Press Release
WASHINGTON -- The Department of Justice and U.S. Drug Enforcement Administration (DEA) have proposed a reduction for controlled substances that may be manufactured in the U.S. next year. 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.
The DEA has proposed to reduce more commonly prescribed schedule II opioids, including oxycodone, hydrocodone, oxymorphone, hydromorphone, morphine, and fentanyl.
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.”
“We enthusiastically support DOJ-DEA proposal to reduce manufacturing quotas for the most-frequently misused opioids,” stated U.S. Attorney Scott W. Brady of the Western District of Pennsylvania. “From prosecuting doctors who illegally divert prescription opioids, to disrupting online Darknet marketplaces selling fentanyl, to aggressively prosecuting drug trafficking organizations, our office is mobilizing all available resources to fight the opioid epidemic. DOJ-DEA’s action today is a critical step in ensuring that prescription opioids are not diverted and misused, as we combat the worst drug crisis in our nation’s history.”
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 due to 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 “Rip Crew” Affiliates Head to PrisonRead the Press Release
McALLEN, Texas – Two additional defendants involved with a rip crew responsible for multiple home invasions and carjackings to steal narcotics in Hidalgo County have been ordered to federal prison, announced U.S. Attorney Ryan K. Patrick. Danny Cano, 31, Mission, pleaded guilty to possessing with the intent to distribute more than 500 grams of cocaine, while Marlyn Gonzalez 39, also of Mission, admitted to conspiring to possess with the intent to distribute more than five kilograms of cocaine.
Today, U.S. District Judge Micaela Alvarez ordered Cano to serve 108 months in prison. Gonzalez received a 50-month-term of imprisonment. Cano and Gonzalez were further ordered to serve four and three years, respectfully, following their prison terms. The court considered the offense and stated that the serious conduct was attributable to greed and a lot of people willing to do anything for money. Judge Alvarez also stated that people in a home and residents in a neighborhood, even those involved in criminal activity themselves, should not be the target of home invasions but rather face justice through the judicial system in place. In particular, the court noted Cano’s involvement in brokering a transaction involving 20 kilograms of cocaine in February 2017 and Gonzalez’s role as a lookout during a February 2016 armed home invasion in Hidalgo involving the theft of more than 10 kilograms of cocaine.
Others who have also pleaded guilty in the conspiracy and are pending sentencing including Antonio Javier Gomez aka “Little T,” 28, Arturo Vargas aka “Petu” or Cholo,” 35, Francisco Javier Montemayor aka “Fat Boy” or “el Fat” or “Rambo,” 31, and Roberto Lee Rodriguez aka “el Tio” or “Pica,” 39, all of Mission; Mexican nationals Miguel Marin Cerda aka “Tigre,” 30, Jose Garcia-De La Torre aka “Coco,” 22, Carlos Guadalupe Aquino-Pacheco aka “Tomy,” 20, Alfredo Avalos-Sanchez aka “Chore,” 26, Gustavo Angel DeLeon-Covarrubias aka “Tripa,” 19, Jose Arturo Reyes-Sanchez aka “Gordo,” 19; and Cesar Alejandro Tovar-Guillen aka “Nucho” or “el Sobrino,” 31; and Juan Antonio Flores, 27, of Weslaco.
Cano and Gonzalez will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI Safe Streets Task Force and Drug Enforcement Administration conducted the investigation with the assistance of Border Patrol, Immigrations and Customs Enforcement’s Homeland Security Investigations, Hidalgo County Sheriff’s Office, Texas Department of Public Safety Regional Crime Lab and police departments in McAllen, Pharr, San Juan, Mission and Palmview. Assistant U.S. Attorneys Roberto Lopez Jr. and K. Alejandra Andrade prosecuted the case.
Two Union Officials Charged with Labor Extortion ConspiracyRead the Press Release
WASHINGTON - Two Indiana men are charged with labor-related extortion offenses in a three-count Indictment unsealed today, announced Assistant Attorney General Brian A. Benczkowski for the Justice Department’s Criminal Division, U.S. Attorney Thomas L. Kirsch II for the Northern District of Indiana, Special Agent in Charge James Vanderberg of the U.S. Department of Labor Office of Inspector General’s Chicago Regional Office and Special Agent in Charge Grant Mendenhall of the FBI’s Indianapolis Field Office.
Thomas R. Williamson, 67, of Schererville, Indiana and Jeffrey R. Veach, 55, of Portage, Indiana, were arrested earlier today and each charged in a three-count indictment filed in the Northern District of Indiana with one count of Hobbs Act Extortion Conspiracy and two counts of Attempted Hobbs Act Extortion. Williamson and Veach had their initial court appearances and arraignment earlier today before U.S. Magistrate Judge John E. Martin for the Northern District of Indiana and were released on $20,000 unsecured bond.
According to the indictment, Williamson and Veach used threats of violence and actual violence against non-union ironworkers in the course of their extortion plot. The defendants allegedly sought to extort a labor contract from “John Doe #1,” who owned a steelworking company, and a business contract from “John Doe #2,” who owned a construction company.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the Department of Labor Office of Inspector General and the FBI with the assistance of the Dyer Indiana Police Department. Trial Attorneys Conor Mulroe and Robert Tully of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case with the assistance of the U.S. Attorney’s Office for the Northern District of Indiana.
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Two Union Officials Charged with Labor Extortion ConspiracyRead the Press Release
Two Indiana men are charged with labor-related extortion offenses in a three-count Indictment unsealed today, announced Assistant Attorney General Brian A. Benczkowski for the Justice Department’s Criminal Division, U.S. Attorney Thomas L. Kirsch II for the Northern District of Indiana, Special Agent in Charge James Vanderberg of the U.S. Department of Labor Office of Inspector General’s Chicago Regional Office and Special Agent in Charge Grant Mendenhall of the FBI’s Indianapolis Field Office.
Thomas R. Williamson, 67, of Schererville, Indiana and Jeffrey R. Veach, 55, of Portage, Indiana, were arrested earlier today and each charged in a three-count indictment filed in the Northern District of Indiana with one count of Hobbs Act Extortion Conspiracy and two counts of Attempted Hobbs Act Extortion. Williamson and Veach had their initial court appearances and arraignment earlier today before U.S. Magistrate Judge John E. Martin for the Northern District of Indiana and were released on $20,000 unsecured bond.
According to the indictment, Williamson and Veach used threats of violence and actual violence against non-union ironworkers in the course of their extortion plot. The defendants allegedly sought to extort a labor contract from “John Doe #1,” who owned a steelworking company, and a business contract from “John Doe #2,” who owned a construction company.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the Department of Labor Office of Inspector General and the FBI with the assistance of the Dyer Indiana Police Department. Trial Attorneys Conor Mulroe and Robert Tully of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case with the assistance of the U.S. Attorney’s Office for the Northern District of Indiana.
Two Sentenced for Their Roles in an Opioid Overdose DeathRead the Press Release
United States Attorney Trent Shores announced the sentencing of Jennifer Elizabeth Boyce and Christina Ann Dempsey for their participation in a conspiracy to distribute oxycodone resulting in death. Today, United States District Judge John E. Dowdell sentenced Christina Ann Dempsey to eight years imprisonment for her role in supplying 80mg oxycodone pills (Oxy80s) to Boyce, who then sold the Oxy80s to customers for profit. Yesterday, Judge Dowdell sentenced Boyce to ten years imprisonment for her role in selling the Oxy80s she received from Dempsey to Jennifer Blake McNulty, who subsequently overdosed and died on October 24, 2014.
Both Dempsey and Boyce accepted responsibility, cooperated fully in the federal investigation, and provided sworn testimony against themselves and others before the filing of federal charges. The third conspirator is Michael Allen Miers, whose case is still pending before Judge Dowdell.
U.S. Attorney Shores stated, “Attorney General Jeff Sessions directed United States Attorneys to consider every lawful tool at our disposal to combat the deadly opioid epidemic. We have taken that direction to heart by using all available criminal and civil remedies to stop opioid abuse and distribution in the Northern District of Oklahoma. We are pleased with the sentences in these cases. Illegal opioid distributors must be held accountable in courts of law. It is a matter of saving lives.”
In commenting about the extent of the opioid epidemic nationwide, U.S. Attorney Shores recounted the staggering statistics:
- Since 2009, drug overdose deaths have outpaced traffic accidents as the leading cause of injury death in the United States.
- Nearly 64,000 Americans died of drug overdoses in 2016–more drug related deaths in one year when compared to total number of combat losses during the entire Vietnam War.
- Emergency Department visits for opioid overdoses rose 30% in all parts of the country from July of 2016 through September of 2017.
- Life expectancy in the United States dropped for two years in a row after more than a century of steady progress.
- The number of children admitted to hospitals for opioid overdose has nearly doubled since 2004, according to a study recently published in the journal Pediatrics.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Pryor Police Department, and the Mayes County District Attorney’s Office investigated the case. Assistant U.S. Attorney Timothy L. Faerber, the Deputy Chief of the Criminal Division, and Brian Surber, the First Assistant District Attorney for Mayes County and a Special Assistant U.S. Attorney, prosecuted the case.
U.S. Attorney Shores observed, “Collaborative law enforcement is good law enforcement. I want to express my deep appreciation and profound thanks to all the women and men of law enforcement–federal, state, and local–for working together on this investigation. The Mayes County District Attorney’s Office has also been a great partner. The work they did on this case was essential.”
Two Georgia Residents Charged with Targeting Individuals in Business Email Compromise SchemesRead the Press Release
SALT LAKE CITY – Trial dates have been scheduled in U.S. District Court in Salt Lake City for two individuals charged in a five-count indictment in connection with an alleged Business Email Compromise (BEC) scheme. Charges include conspiracy to commit bank fraud by opening bank accounts under false identities in order to receive criminal proceeds generated by impersonating the officers of businesses and directing employees to wire money into the fraudulently opened accounts.
Saheed Yusuf, age 32, of Atlanta, and a co-defendant, Vanisha Wright Matthis, age 46, also of Atlanta, were charged in June by federal prosecutors in Utah as a part of a coordinated national enforcement operation targeting thousands of individuals now facing federal charges for alleged BEC schemes.
U.S. Attorney for Utah John W. Huber, FBI Special Agent in Charge of the FBI Salt Lake Field Office Eric Barnhart, and Utah Department of Public Safety Commission Keith Squires announced the Utah indictment, which was unsealed Friday.
An FBI Cyber Task Force Officer from the Utah Department of Public Safety investigated the case and located the alleged defendants in the case.
U.S. Marshals returned Yusuf to Utah following his arrest in Lithonia, Georgia, on July 6, 2018. He arrived in Utah last week. He appeared Friday before U.S. Magistrate Judge Paul M. Warner. He entered pleas of not guilty to the charges. A four-day jury trial was set for Oct. 16, 2018, before U.S. District Judge Robert J. Shelby. Federal prosecutors requested Yusuf be detained pending trial and Magistrate Warner ordered him to remain in custody.
Matthis had an initial appearance on the indictment in late June and entered pleas of not guilty to the charges in the indictment. She is not in custody. A two-week trial has been set for Sept. 14, 2018, before U.S. District Judge Robert J. Shelby.
Yusuf and Matthis are charged with conspiracy to commit bank fraud, two counts of wire fraud, aggravated identity theft and money laundering.
“These scammers target victims by convincing them to transfer money to bank accounts they control. Often the scheme is facilitated by impersonating a key employee or business partner. Employees of the business think they are responding to a request from a company leader and transfer the funds to what turns out to be a shell bank account,” Huber said. “The U.S. Attorney’s Office in Utah and our local and federal partners will continue to focus on this cyber-enabled financial fraud,” Huber said.“Perpetrators of business email compromise schemes manipulate and exploit trusting individuals who believe they are conducting legitimate business. The result can be devastating not only financially but emotionally. The sophistication and evolving nature of these scams mean businesses should have increased awareness and prevention efforts in place. If you’ve believe you’ve fallen victim to a BEC scam, contact your financial institution and local FBI immediately and file a complaint with www.ic3.gov,” Eric Barnhart, Special Agent in Charge of the FBI Salt Lake City Field Office said.
"The Department of Public Safety and its agents are committed to protecting Utah business owners and will go after cyber criminals wherever they might be," said Commissioner Squires said today. "We value the partnership we have with the FBI to work as one in this fight against cybercrime."
According to the indictment, the defendants and their co-conspirators opened at least two bank accounts under the name of a business called Allied Logistics Group Inc., using false business names to disguise their identities and make it seem like a legitimate business rather than a shell company used to commit fraud.
With the accounts established, the defendants sent dozens of emails to businesses in the United States and the United Kingdom using the names of business executives without their knowledge or authorization. The apparent purpose of these emails, the indictment alleges, was to engage with employees of these businesses and give them wire instructions to wire the company’s funds.
For example, on July 11, 2016, the defendants and their co-conspirators sent a series of email communications to a business in Utah, purporting to be a corporate officer whose initials are “B.B.” and using his name with the email address [email protected]. At about 9:06 a.m., the defendants sent an email using the name of the real person with the initials B.B., who was an officer of the company, with wire instructions for one of the Allied Logistics Group Inc. Bank accounts, and directed an employee of the victim business to send $58,000 from the business’s Utah account to the defendants’ account. At about 4:50 p.m. that same day, the wire of $58,000 was completed as requested by the defendants and was received by the bank account they had created for that purpose. Later that day, the defendants started moving money out of the account through transfers and subsequent withdrawals. After the successful completion of the fraud against the Utah business, the bank accounts created for Allied Logistics Group Inc. were closed.
Indictments are not findings of guilt. Individuals charged in indictments are presumed innocent unless or until proven guilty in court. The potential maximum charges for the charges in the indictment are 30 years for conspiracy to commit bank fraud; 20 years for the wire fraud and money laundering counts; and a two-year mandatory minimum for the aggravated identity theft count, which would run consecutive to any other sentence.
The national operation was funded and coordinated by the FBI. Private sector partners, including Symantec, provided significant assistance to the FBI Salt Lake City Cyber Task Force investigating BEC cases.
Two Charged with "Fishing" Mail from Postal Service Collection Boxes, Bank FraudRead the Press Release
PROVIDENCE, RI – Two Providence men have been charged in federal court in Providence with theft by “fishing” mail from enclosed United States Postal Service collection boxes and bank fraud.
“Fishing” is a term which describes of obtaining items, as in these alleged incidents from U.S. Postal Service collection boxes, by utilizing common items such as plastic water bottles, duct tape, glue, and string. A device covered in a sticky substance such as glue is lowered into the closed box, and mail that adhered to the sticky surface of the device is pulled out and retrieved.
It is alleged in court documents that the two men, and others working at their direction, deposited in area banks stolen checks obtained as the result of “fishing” Postal Service collection boxes. The funds from the stolen checks were later withdrawn from ATMs and through the use of debit cards.
Gerald Reinoso-Pichardo, 22, and Emmanuel Jose Torres, 18, have been charged by way of federal criminal complaints with theft or receipt of stolen mail, conspiracy to commit bank fraud, and bank fraud, announced United States Attorney Stephen G. Dambruch, Raymond D. Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service, Boston Division, and Stephen Marks, Special Agent in Charge of the U.S. Secret Service.
The two men were released on unsecured bond at initial appearances in U.S. District Court before U.S. District Court Magistrate Judge Lincoln D. Almond.
According to court documents, in September 2017, U.S. Postal Service Inspectors initiated an investigation into the theft of mail from collection boxes outside of the Elmwood Station Post Office. The investigation began when a local businessman reported that numerous checks drawn on his business bank accounts and deposited into U.S. Postal Service collection boxes outside the Elmwood Station Post Office were never received by the intendent recipients.
The investigation determined that the businessman mailed 77 checks valued at a total of approximately $195,000. Thirty-two of the checks were found to have been fraudulently negotiated and deposited into bank accounts at various banks. The bank accounts were quickly drawn down through the use of debit cards and/or by withdrawing cash from ATMs.
As the investigation expanded, U.S. Postal Inspectors learned that numerous checks and other mail deposited into U.S. Postal Service collection boxes at locations around Providence and Pawtucket did not reach their intended recipients. Postal Service Inspectors determined that many of the missing checks that had been placed in Postal Service collection boxes were found to have been fraudulently endorsed, deposited into bank accounts, and the cash withdrawn from ATMs or through the use of debit cards.
As part of the investigation, U.S. Postal Inspectors installed surveillance cameras outside of the Elmwood Station and Washington Park Post Offices, focused on collection boxes. Surveillance video showed several individuals allegedly “fishing” the mailboxes, often times in the early morning hours. Among those identified by U.S. Postal Service Inspectors were Gerald Reinoso-Pichardo and Emmanuel Jose Torres.
A criminal complaint is merely an allegation 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.
The case is being prosecuted by Assistant U.S. Attorney Ly T. Chin.
The matter was investigated by the United States Postal Inspection Service and the United States Secret Service, with the assistance of the East Providence, Providence and Seekonk Police Departments.
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Three people indicted in federal court for drug trafficking in Lorain County, the latest charges in a coordinated, cooperative law enforcement effort targeting opioid distribution thereRead the Press Release
Three people were indicted in federal court for drug trafficking in Lorain County, the latest charges in a coordinated, cooperative law enforcement effort targeting opioid distribution there.
Indicted are Doyal Cannon, 33, of Elyria, Aaron Matthews, 35, of Lorain, and Ramon Collins, 36, of Cleveland.
Cannon was indicted on charges of possession with the intent to distribute heroin, fentanyl and cocaine, as well as firearms charges.
Cannon on June 13 had more than two grams of a mixture of fentanyl and heroin and seven grams of cocaine.
He also had a Glock .40-caliber handgun and ammunition, despite prior convictions that made it illegal for him to have a firearm, including cocaine trafficking, being a felon in possession of a firearm and other crimes. Cannon was on supervised release from a previous federal firearm conviction on June 13, according to court documents.
Matthews was indicted on 11 counts related to the distribution of heroin, fentanyl, 3-Methylfentanyl and/or cocaine, as well as two firearms counts.
Matthews possessed a Kel-Tec 9 mm Luger pistol and ammunition on Dec. 13, 2017, in relation to his drug trafficking activities. It was also illegal for Matthews to have a firearm because of his prior drug and firearms convictions, according to court documents.
Collins was indicted on charges of distribution of fentanyl and distribution of heroin and fentanyl.
Collins on July 17 possessed nearly seven grams of femtanyl. Four days later, he possessed nearly 29 grams of a mixture of been heroin and fentanyl, according to court documents.
“These indictments, along with our activities of the past month, should make it clear that Lorain County is closed for business when it comes to drug trafficking,” U.S. Attorney Justin Herdman said. “Many of these defendants are dangerous because they illegally have firearms while selling opioids and other drugs that have caused so much death and destruction in our community. All of our law enforcement partners are working together to stem the flow of these drugs into our neighborhoods – if you sell opioids in Lorain County, you are facing federal prison time.”
Elyria Police Chief Duane Whitely said: “The Elyria Police Department is grateful for the outstanding working relationship we share with the U.S. Attorney’s Office. Officers from our department investigated several drug complaints and were able to build a case and arrest several drug dealers. The U.S. Attorney’s Office took the cases and received indictments on all of them. I look forward to working together to take many more drug dealers off the streets of Elyria.”
Operation S.O.S. was announced last month by Attorney General Jeff Sessions and U.S. Attorney Justin E. Herdman. Since then, numerous individuals have been charged or indicted in federal court. Among them:
Kenneth Ward has been charged in a multiple count indictment with various drug distribution counts, including the sale of heroin, fentanyl and cocaine.
Christopher Robinson Jr.: has been indicted in a multiple count indictment with various drug distribution counts, including the sale of heroin and fentanyl.
Dennis A. Smith has been indicted on multiple counts of drug distribution, including the sale of heroin and fentanyl.
Ronald Johnson Jr. has been indicted for distributing heroin.
Dwayne Taylor has been charged with distribution of heroin and fentanyl. At the time of Taylor’s arrest he possessed a firearm and ammunition.
Christopher D. Chapman has been indicted on charges of distribution of N-Methyl Norfentanyl and cocaine.
Todd Colema has been charged with distribution of cocaine and fentanyl.
These cases are being prosecuted by the Elyria Police Department, DEA, Lorain County Drug Task Force, Lorain County HIDTA, Lorain Police Department and FBI. They are being prosecuted by Assistant U.S. Attorneys Robert F. Corts and Vasile Katsaros.
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. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Three More Florida Residents Sentenced in $6,000,000 Investment FraudRead the Press Release
DENVER – Steven Dykes, age 61, of Fort Lauderdale, Florida, Pasquale Rubbo, age 51, of Coral Springs, Florida, and Angela Monaco, age 45, of Coconut Creek, Florida, were sentenced today by U.S. District Court Judge R. Brooke Jackson for their role in a six-million-dollar investment fraud. The sentences were announced by U.S. Attorney Bob Troyer, Federal Bureau of Investigation Denver Division Special Agent in Charge Calvin Shivers, and the Internal Revenue Service – Criminal Investigation Special Agent in Charge Steven Osborne. U.S. District Court Judge R. Brooke Jackson sentenced Steven Dykes to 108 months imprisonment, Pasquale Rubbo to 106 months imprisonment, and Angela Monaco to 74 months imprisonment. Each of the defendants previously pled guilty to conspiracy to commit fraud and money laundering.
According to court documents, including the stipulated facts contained in the defendants’ plea agreements, from December 2012 to November 2017, along with two other, engaged in a conspiracy to defraud more than thirty mostly elderly investors, including two investors in Colorado, of more than $6,000,000 in an investment fraud scheme. The investment fraud scheme focused on a television production company based in South Florida, VIP Television, LLC, as well as a cleaning product, the “Scrubbieglove,” which was also patented in Florida. Investors sent money to both of these companies as a result of false statements about VIP Television’s merger opportunities and interest in the Scrubbieglove by entities such as QVC, Walgreens, and Bed, Bath & Beyond. All of the defendants except Monaco had previous convictions for similar criminal activity.
Two other members of the conspiracy, Joseph Rubbo and Nicolas Rubbo were previously sentenced in a related case in United States District Court for the District of Colorado to 60 months and 48 months of imprisonment, respectively.“These defendants cheated vulnerable, elderly Coloradans and others out of their hard-earned money. Now they get what they deserve,” said U.S. Attorney Bob Troyer.
“The FBI will continue to work with our law enforcement partners and the United States Attorney’s Office to protect our citizens from those who engage in complex white-collar fraud schemes," said FBI Denver Special Agent in Charge Calvin Shivers. “Today’s sentencing of Steven Dykes, Pasquale Rubbo, and Angela Monaco should send a strong message the FBI will hold those who exploit innocent investors for personal gain accountable for their actions.”
“Investment fraud has brought ruin to many Americans” said IRS Criminal Investigation Special Agent in Charge Steven Osborne. “IRS Criminal Investigation is committed to partnering with other law enforcement agencies to stop financial crimes being committed by people such as Monaco and the Rubbos, and today’s sentence is a reflection of that commitment.”
The case was investigated by the FBI and IRS-CI. The defendants are being prosecuted by Assistant United States Attorneys Hetal J. Doshi and Matthew T. Kirsch.
Texas Man Sentenced to More Than Ten Years in Prison for Possessing over Thirty Kilograms of CocaineRead the Press Release
Gulfport, Miss. – Mario Guadalupe Pecina, 44, of San Antonio, Texas, was sentenced today by U.S. District Judge Sul Ozerden to 123 months in federal prison, followed by 5 years of supervised release, for possession with intent to distribute 5 kilograms or more of cocaine, announced U.S. Attorney Mike Hurst and Special Agent in Charge Jere T. Miles with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in New Orleans. Pecina was also ordered to pay a $7,500 fine.
On January 11, 2018, a United States Border Patrol officer stopped Pecina for committing a traffic violation while traveling on Interstate 10 in Harrison County, Mississippi. During the stop, the officer learned that Pecina was previously arrested for smuggling cocaine in 2009. While speaking with the officer, Pecina began displaying signs of nervous behavior. Pecina consented to a search of the vehicle, and upon searching, the officer located 31 kilograms of cocaine concealed within the door and rear hatch panels of the vehicle. Pecina pled guilty on May 9, 2018.
Pecina was also revoked and sentenced to 30 months for violating the terms of the court imposed supervised release from his 2009 conviction for smuggling 9 kilograms of cocaine. The sentences will run consecutive for a total of 153 months in prison.
The case was investigated by Homeland Security Investigations and the United States Border Patrol. It was prosecuted by Assistant U.S. Attorney Kathlyn R. Van Buskirk.
Texas Man Pleads Guilty to Transporting Illegal Aliens from Mexico with Cousin from Pickaway CountyRead the Press Release
COLUMBUS, Ohio – A second defendant has pleaded guilty to unlawfully transporting illegal aliens, primarily Mexican citizens, within the United States.
Robert G. Smith, 58, of Natalia, Texas, pleaded guilty today, and his cousin, Bromley D. Hackney, 57, of Ashville, Ohio, pleaded guilty in January.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Steve Francis, Special Agent in Charge, U.S. Homeland Security Investigations (HSI), Ohio State Highway Patrol Superintendent Col. Paul A. Pride and officials with U.S. Border Patrol announced the plea entered into before U.S. District Judge Michael H. Watson.
According to an affidavit filed in support of the Criminal Complaint charging Smith, in October 2016, HSI agents received information from the Ohio State Highway Patrol regarding the suspected unlawful transportation of aliens. The source alleged that Hackney was using a semi-truck to move undocumented aliens within the United States for profit.
In December 2016, Hackney was stopped at a Border Patrol checkpoint near Laredo, Texas and agents found four undocumented aliens attempting to conceal themselves in hidden compartments in the cabin of the freight box truck. All of the individuals were taken into custody and later released.
Hackney agreed to be interviewed by investigators in Ohio in March 2017 and said he “knew that this day would come” and was going to go to a Border Patrol station soon to inquire about a possible investigation involving him. He admitted that he unlawfully transported aliens, which he and Smith began to do during the year 2011.
Smith, who was interviewed in June 2017, told investigators he would arrange transports, which he did approximately four times per week. He earned at least $2,000 per week coordinating the transactions.
Smith unlawfully transported aliens at least 72 times from 2011 through 2016 and transported four individuals each time. At first, he charged $800 per person and after the first two years increased the cost to $1,000 per person. The total amount of proceeds from the offense was nearly $269,000.
Transportation of an alien within the United States is a federal crime punishable by up to five years in prison.
U.S. Attorney Glassman commended the investigation of this case by the HSI, Ohio State Highway Patrol and U.S. Border Patrol, as well as Assistant United States Attorney Timothy D. Prichard, who is the District’s Immigration and Border Security Coordinator and who is representing the United States in this case.
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Stow man indicted on methamphetamine chargesRead the Press Release
A Stow man was indicted for on charges of possession with intent to distribute methamphetamine.
Jusean Foster, 30, possessed at least 50 grams of methamphetamine on June 5, according to the indictment.
This case is being prosecuted by Assistant U.S. Attorney David M. Toepfer following an investigation by the Portage County Drug Task Force, the Portage County Sheriff’s Office and the Drug Enforcement Administration.
If convicted, the defendant’s sentence will be determined by the Court after review of 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 violations. 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.
Statement of Attorney General Jeff Sessions on State of Washington v. U.S. Department of StateRead the Press Release
The Department of Justice yesterday filed a brief in opposition to a preliminary injunction in the State of Washington v. U.S. Department of State, a case about 3D printed guns.
After the filing, Attorney General Jeff Sessions issued the following statement:
"Under federal law, it is illegal to manufacture or possess plastic firearms that are undetectable. Violation of this law is punishable by up to five years in prison. Such firearms present a significant risk to public safety, and the Department of Justice will use every available tool to vigorously enforce this prohibition. We will work with federal, state and local law enforcement to identify any possible cases for prosecution.
"We will not stand for the evasion, especially the flouting, of current law and will take action to ensure that individuals who violate the law by making plastic firearms and rendering them undetectable, will be prosecuted to the fullest extent."
Please find the Justice Department's brief here.
St. Croix Woman Sentenced to 12 Months in Tax Fraud SchemeRead the Press Release
St. Croix, USVI – Indica Greenidge, 27, of St. Croix, was sentenced on Wednesday, August 15, 2018, before District Court Chief Judge Wilma A. Lewis to 12 months’ imprisonment for her conviction of conspiracy to defraud the United States, United States Attorney Gretchen C.F. Shappert announced. Judge Lewis also sentenced Greenidge to 3 years of supervised release, $75,171 in restitution, and a $100 special assessment.
According to the plea agreement filed with the court, from September 2011 to July 2012, Greenidge and others participated in a scheme to steal money from the United States treasury by fraudulently obtaining federal income tax refunds. The scheme involved the acquisition of personal identifying information used to electronically file falsified tax returns for tax years 2010 and 2011. Specifically, with Greenidge’s knowledge, her co-conspirators filed tax returns in individuals’ true names and actual social security numbers and dates of birth but falsified the individuals’ income earned, tax withholding amounts, credits, and other information, and thereby claimed refunds to which they were not entitled. The co-conspirators designated bank accounts for receipt of the refunds, which Greenidge and her co-conspirators then withdrew and spent for personal use. As a result of the scheme, $77,767 was designated to Greenidge’s bank account, of which $75,171 was actually deposited therein.
The case was investigated by the Internal Revenue Service, Criminal Investigations, and is being prosecuted by Assistant U.S. Attorneys Meredith J. Edwards and Alphonso Andrews, Jr.
Southern Indiana Man Sentenced to 10 years for Seeking Sex with MinorRead the Press Release
LOUISVILLE, Ky. – United States District Court Judge David Hale sentenced Donald L. Martin, of Floyds Knobs, Indiana to federal prison for 10 years for seeking sex with a minor and traveling with intent to engage in illicit sexual conduct, today announced United States Attorney Russell M. Coleman.
“We will protect our kids,” stated US Attorney Russell Coleman. “Predators of this nature should seek professional help or seek a defense lawyer as we will pursue them with every legal weapon in our arsenal.”
Martin, age 69, was arrested on September 2, 2017 at Pope Lick Park in Jefferson County, Kentucky where he had traveled with the intent of having sex with a 15-year old female he believed to be communicating with; Martin was actually communicating with cyber investigators working for the Kentucky Office of the Attorney General, Department of Criminal Investigations. Undercover investigators conducted a two-week investigation into Martin who sent sexually explicit text messages and emails to cyber investigators. At the time of Martin’s arrest he was in possession of sexual paraphernalia, generic Viagra, an empty packet of Cialis, an over-the-counter medication for male sexual performance enhancement, along with a handgun.
At trial, a jury found Martin guilty of Attempted Enticement and Traveling with Intent to Engage in Illicit Sexual Conduct.
This case was prosecuted by Assistant United States Attorney Spencer McKiness and Jo E. Lawless, and was investigated by the Kentucky Office of the Attorney General, Department of Criminal Investigations, with assistance from the Louisville Metro Police Department and United States Secret Service.
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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 Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.
Solano County Man Sentenced to 5 Years in Prison for Being a Felon in Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — Jerry Lyle Andrews Jr., 35, of Vallejo, was sentenced today by U.S. District Judge Morrison C. England Jr., to five years in prison for being a felon in possession a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, on July 26, 2017, law enforcement officers executed a search warrant at Andrews’ home in Vallejo and at a hotel in Fairfield where Andrews was staying. When officers arrived at the hotel parking lot, they confronted Andrews, who discarded a .40‑caliber semi-automatic handgun under a car before he was arrested. The gun was loaded with 12 rounds of ammunition, including seven rounds of hollow point ammunition. Andrews cannot lawfully possess firearms because he has previously been convicted of felony offenses, including a January 2016 conviction in Solano County for assault with a firearm on a police officer.
This case was the product of an investigation by the Vacaville Police Department, the Fairfield Police Department, and the Federal Bureau of Investigation’s Solano County Violent Crimes Task Force.
This case was brought as a 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 of Justice’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.
Sixteen Individuals, Including Several Members of the Pagans Motorcycle Club, Charged for Conspiring to Distribute MethamphetamineRead the Press Release
Orlando, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of three indictments charging the following individuals with the listed federal criminal violations:
Indictment One
Name
Age/City
Charge
Barbara Caylor-Hernandez, a/k/a Barb, a/k/a Barbie
47, Ormond Beach, FL
Conspiracy to distribute 50 grams or more of methamphetamine
Ramiro Fraire-Chavarria
44, Dalton, GA
Conspiracy to distribute 50 grams or more of methamphetamine
Michael Babin
47, Daytona Beach, FL
Conspiracy to distribute 50 grams or more of methamphetamine
Melanie Kerr
28, Daytona Beach, FL
Conspiracy to distribute 50 grams or more of methamphetamine
Keith Simmons
41, Oak Hill, FL
Conspiracy to distribute 50 grams or more of methamphetamine;
and distribution of 50 or more grams of methamphetamine
Carla Ray
51, Oak Hill, FL
Conspiracy to distribute 50 grams or more of methamphetamine
Spencer Burkard
49, New Smyrna Beach, FL
Conspiracy to distribute 50 grams or more of methamphetamine; and distribution of 50 or more grams of methamphetamine
Robert Foster
37, St. Augustine, FL
Conspiracy to distribute 50 grams or more of methamphetamine; and distribution of 50 or more grams of methamphetamine
Daniel Barbarino
54, Daytona Beach, FL
Conspiracy to distribute 50 grams or more of methamphetamine
Andrew Shettler, a/k/a “Yeti”
33, Palm Coast, FL
Conspiracy to distribute 50 grams or more of methamphetamine
Brian Burt, a/k/a “Sledge”
47, Port Orange, FL
Conspiracy to distribute 50 grams or more of methamphetamine
Lawrence Sann
55, Bunnell, FL
Conspiracy to distribute 5 grams or more of methamphetamine
Indictment Two
Name
Age/City
Charge
Keith Kirchoff
40, Key West, FL
Conspiracy to distribute 50 grams or more of methamphetamine; use and carry of a firearm in relation to, and possession of a firearm in furtherance of, a drug trafficking crime
Andrew Shettler, a/k/a “Yeti”
33, Palm Coast, FL
Conspiracy to distribute 50 grams or more of methamphetamine
Michael Andrews, a/k/a “Clutch”
33, Palm Coast, FL
Conspiracy to distribute 50 grams or more of methamphetamine
Indictment Three
Name
Age/City
Charge
Cindy Bledsoe
30, Daytona Beach, FL
Conspiracy to distribute 50 grams or more of methamphetamine; and distribution of more than five grams of methamphetamine
Jason Stringer
38, Daytona Beach, FL
Conspiracy to distribute 5 grams or more of methamphetamine; and distribution of more than five grams of methamphetamine
Michael Andrews, a/k/a “Clutch”
33, Palm Coast, FL
Conspiracy to distribute 50 grams or more of methamphetamine
If convicted on all counts, Kirchoff, Andrews, Shettler, Bledsoe, Caylor-Hernandez, Fraire-Chavarria, Babin, Kerr, Simmons, Ray, Burkard, Foster, Barbarino, and Burt each face a maximum penalty of life in federal prison. Sann and Stringer each face a maximum penalty of 40 years’ imprisonment.
According to the indictments, the defendants conspired to distribute large quantities of methamphetamine to individuals and groups in the Middle District of Florida, including to members of the Pagans Motorcycle Club, an outlaw motorcycle gang.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the FBI, the Drug Enforcement Administration, the Volusia Bureau of Investigation, the Volusia County Sheriff’s Office, and the Daytona Beach Police Department. It will be prosecuted by Assistant United States Attorney Sean P. Shecter.
Six Previously Deported Aliens Charged with Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that six previously deported aliens were indicted separately on August 15, 2018, by a federal grand jury for illegal re-entry into the United States.
According to United States Attorney David J. Freed, Raymundo Bongomer-Moya, age 42, of Dominican Republic, was previously deported from the United States to the Dominican Republic in November 2006. He is alleged to have illegally re-entered the United States sometime after November 2006, and was found in the United States in Luzerne County, Pennsylvania after eluding examination or inspection by immigration officers.
Bongomer-Moya faces a maximum penalty of twenty years of imprisonment, a term of supervised release following imprisonment, and a fine.
Rolando Juarez-Epitacio, age 29, of Mexico, was previously deported from the United States to Mexico in June 2012, March 2013, and July 2013. He is alleged to have illegally re-entered the United States sometime after July 2013, and was found in the United States in Centre County, Pennsylvania after eluding examination or inspection by immigration officers.
Juarez-Epitacio faces a maximum penalty of ten years of imprisonment, a term of supervised release following imprisonment, and a fine.
Juan Amarillas-Espinoza, age 24, of Mexico, was previously deported from the United States to Mexico in March 2012 and February 2017. He is alleged to have illegally re-entered the United States sometime after February 2017, and was found in the United States in Lycoming County, Pennsylvania after eluding examination or inspection by immigration officers.
Hilario Garcia-Perez, age 34, of Guatemala, was previously deported from the United States to Guatemala in July 2009. He is alleged to have illegally re-entered the United States sometime after July 2009, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Ronald Gomes-Fuentes, age 30, of Honduras, was previously deported from the United States to Honduras in April 2010 and July 2014. He is alleged to have illegally re-entered the United States sometime after July 2014, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Nelson Galicia-Garcia, age 33, of El Savador, was previously deported from the United States to El Salvador in April 2014. He is alleged to have illegally re-entered the United States sometime after April 2014, and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
Under federal law, Gomes-Fuentes, Garcia-Perez, Amarillas-Espinoza, and Galicia-Garcia all face a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine.
These cases were investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Special Assistant United States Attorney Brian G. McDonnell is prosecuting the cases.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
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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Shreveport man pleads guilty to damaging air force property with vehicle, drunk drivingRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced that a Shreveport man pleaded guilty to driving a vehicle while intoxicated onto Barksdale Air Force Base, damaging property and fleeing authorities.
Michael Taylor Phillips, 26, of Shreveport, pleaded guilty before U.S. District Judge S. Maurice Hicks Jr. to one count of damage to property of the United States; one count of driving while intoxicated, second offense; and one count of resisting arrest. According to the guilty plea, Phillips drove his vehicle into the North Gate of Barksdale Air Force Base and struck a steel bollard in the gate’s secured area. The impact damaged the bollard, and Phillips’ vehicle continued onto the airbase before it came to a stop at the U.S. Air Force Global Strike Command Headquarters building. Phillips exited the vehicle and ran into a base residential area. He was later apprehended and detained.
Phillips faces up to 10 years in prison, at least three years of supervised release, restitution and a $250,000 fine. The court set a November 29, 2018 sentencing date.
The FBI and U.S. Air Force Office of Special Investigations conducted the investigation. Assistant U.S. Attorney Mary J. Mudrick and Special Assistant U.S. Attorney John Odom are prosecuting the case.
Shreveport felon sentenced to more than 8 years in prison for possessing pistolRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced that a Shreveport felon was sentenced Wednesday to 100 months in prison for illegal possession of a pistol.
Jamario Montreal Harris, 26, of Shreveport, was sentenced by U.S. District Judge S. Maurice Hicks Jr. on one count of possession of a firearm by a convicted felon. He was also sentenced to three years of supervised release. According to the guilty plea, law enforcement agents found Harris in possession of a .40 caliber Glock pistol on March 20, 2017. He was previously convicted of a felony and is not allowed to possess a firearm.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
The ATF and Shreveport Police Department conducted the investigation. Assistant U.S. Attorneys Tennille M. Gilreath and Mike O’Mara prosecuted the case.
Short-Videos Aimed at Educating Student Athletes, Parents and Coaches about Dangers of Opioids and Alcohol Distributed State-Wide as School Year BeginsRead the Press Release
ALBUQUERQUE – Public and education officials and community advocates held a press conference today to discuss a series of short videos entitled, “Opioids, Alcohol and Athletes,” being distributed to middle and high schools throughout New Mexico as the 2018-2019 school year begins. The videos, designed to educate student athletes, parents and coaches, about the dangers of opioids and alcohol, are a collaborative project of the Bernalillo County Department of Behavioral Health, the New Mexico Activities Association (NMAA), the New Mexico Parent Teachers Association (PTA), and Christopher Productions, LLC.
U.S. Attorney John C. Anderson hosted the press conference as part of the prevention and education component of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative to underscore the fact that New Mexico’s use of opioids, including use by teens and young adults, has become epidemic. U.S. Attorney Anderson noted that the most recent New Mexico Youth Risk and Resiliency Survey (2015) reflected that 14.3% of students in grades 9 to 12 used prescription drugs without a prescription. The Survey also reflected that 26.1% of students in grades 9 to 12 were current drinkers, with 20% having had their first drinks before age 13, and 19.7% having ridden with a drinking driver. U.S. Attorney Anderson said, “These are startling facts that parents need to be aware of as their teenagers are returning to school.”
The “Opioids, Alcohol and Athletes” Project involved teens, parents, coaches and experts in creating a DVD with seven short videos for use in presentations to student athletes, parents and coaches. Three of the videos are specifically oriented for the high school level and two for middle school level. The Project was funded by Bernalillo County Department of Behavioral Health and the videos were produced by Christopher Productions, LLC.
“Combatting the opioid epidemic is a priority for Bernalillo County, and when it comes to kids, it hits close to home for many of us,” said Bernalillo County Commissioner Maggie Hart Stebbins. “For some young athletes, the prescription pain medication they’ve been prescribed for sports injuries starts the tragic slide into opioid addiction. During the 20 years my kids were involved in organized youth sports, I never once saw anything warning players or parents about the risks associated with the prescription painkillers used in treating sports injuries. This information needs to be shared with every student athlete and every parent because it can save lives.”
Chris Schueler, President of Christopher Productions, LLC, noted that the NMAA is making copies of the DVD available to all schools involved in the Association, in addition to using the DVD in face-to-face programs that will reach youth throughout the state. Mr. Schueler also noted that the NMAA has indicated that it will be loading the videos on its website, which gets approximately 750,000 hits per year. Mr. Schueler said, “Having worked on the opioid issue for more than six years through our ‘No Exceptions’ Program, it is very encouraging to see these partners engaging youth and parents in such a significant way. The distribution of this DVD to middle and high schools throughout the state will make a difference in the battle against the disease of addiction.”
The New Mexico PTA also is distributing the DVD to each PTA in the state, and will feature the “Opioid, Alcohol and Athletes” Project during its annual conference in May 2019. Wendy Ford-Licon, President of the New Mexico PTA said, “New Mexico PTA and PTAs across the country remain steadfast in our longstanding commitment to advocate and make a difference for the education, health and well-being of all children. Parents play an essential role in the fight to eradicate this epidemic. We need to look in our medicine cabinets and see what our kids have access to. Are the medications in our homes safe, secure and necessary? Prevention starts at home and with all of us.”
The Albuquerque Public Schools (APS) already have distributed the DVD to all its high schools. “APS has provided this DVD to all athletic directors at the high school level. We hope it will open doors for candid conversations between student athletes, parents and coaches about the potential risks and dangers of substance abuse,” said Susan McKee, M.A., LPCC, Director of Counseling, APS Student, Family & Community Support Division. “The DVD also provides an avenue for the Crossroads, or substance abuse, counselors to educate student athletes, sports teams and parents.”
Jennifer Weiss-Burke and Lou Duran, Executive Director and Community Advocate, respectively, at Healing Addiction in our Community (HAC) and Serenity Mesa, participated in the press conference. Ms. Weiss-Burke and Ms. Duran both lost teenaged sons – student athletes who became addicted to prescription painkillers prescribed for sports-related injuries – to heroin overdoses in 2011. They are now dedicated to providing support, education and treatment to families and communities fighting to end substance abuse among teens and young adults.
“It is critical for high school athletes and coaches to understand how potentially addictive and dangerous opioids can be. Just because a doctor prescribed them does not mean they are safe,” said Ms. Weiss-Burke. “Education is a key part in addressing the opioid epidemic that has affected so many people in New Mexico and across the United States.”
Ms. Duran added, “We have advocated for our youth across New Mexico for the past eight years, and we have learned that it takes much more than a village to raise a child – it takes an entire community! We are thankful for the opportunity and hope that the takeaway from these videos is that education and awareness are key to keeping our youth safe, and know that addiction can happen to anyone regardless of age, race or socioeconomic status.”
Tim Sheahan, President & CEO of the Boys & Girls Club of Central New Mexico, a regular collaborator in the U.S. Attorney’s Office youth-related community outreach activities which have an anti-drug, anti-violence and anti-gang orientation, also participated in the press conference. Mr. Sheahan said, “The Boys & Girls Club uses a team approach that involves our staff, parents and community partners. We engage our members in discussion around decision-making skills, analyzing media and peer influence with the ultimate goal of promoting healthy lifestyles and encouraging responsible behavior.”
U.S. Attorney Anderson concluded the press conference by asking the media to join the partnership before them by letting the community know that the videos would be available to the public in about a week at safeteen.net.
The New Mexico HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid related deaths in New Mexico. The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.
Sentencings for August 13 - 14, 2018Read the Press Release
ETHAN TSUBASA THAO, 39, of Eureka, California was sentenced by Chief Federal District Court Judge Scott W. Skavdahl on August 13, 2018 for possession with intent to distribute marijuana. Thao was arrested in Sweetwater County, Wyoming. He received twenty-one months of imprisonment, to be followed by forty-eight months of supervised release, and ordered to pay a $100.00 special assessment. The Wyoming Highway Patrol and Wyoming Division of Criminal Investigation investigated this case.
FRANCISCO GARCIA-REYES, 24, of Mexico was sentenced by Federal District Court Judge Nancy D. Freudenthal on August 14, 2018 for unlawful possession of visas, permits, and other documents. Garcia-Reyes was arrested in Casper, Wyoming. He received time served plus ten days to allow for deportation proceedings and ordered to pay a $100.00 special assessment at the time of deportation. The Department of Homeland Security investigated this case.
Seafood Company Sentenced for Illegal Sale of Blue CrabsRead the Press Release
United States Attorney Duane A. Evans announced that SHELL BEACH SEAFOOD CO., LLC (“SHELL BEACH SEAFOOD”), a company based in St. Bernard, Louisiana, was sentenced today to a fine of $7,500.00, one-year probation and a special assessment of $125 for the illegal sale of blue crabs, in violation of the Lacey Act.
According to the Bill of Information, from on or about May 1, 2012 through March 30, 2013, SHELL BEACH SEAFOOD, did knowingly sell and transport blue crabs in interstate commerce with a market value in excess of $350 when, in the exercise of due care, SHELL BEACH SEAFOOD should have known that said blue crabs were acquired and possessed in violation of and in a manner unlawful under the laws of the State of Louisiana, specifically Louisiana Revised Statutes, R.S. 56:306.4, R.S. 56:306.5, and R.S. 56:306.6.
U.S. Attorney Evans commended the National Oceanic and Atmospheric Association and agents of the Louisiana Department of Wildlife and Fisheries, who investigated the case, and Assistant U.S. Attorney Sharan E. Lieberman, who is in charge of the prosecution.
Sacramento Man Sentenced to 20 Years in Prison for Receipt of Child PornographyRead the Press Release
SACRAMENTO, Calif. — Marc C. Turner, 44, of Sacramento, was sentenced today by U.S. District Judge Troy L. Nunley to 20 years in prison for receipt of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, law enforcement agents searched Turner’s apartment in September 2016. Review of Turner’s computer located 90 videos and 171 still images depicting the sexual abuse and exploitation of minors. At the time of the search, Turner was a registered sex offender based on a prior conviction in federal court in Sacramento for distributing child pornography.
This case was investigated by the Sacramento Internet Crimes Against Children (ICAC) Task Force, a federally and state-funded task force managed by the Sacramento Sheriff’s Department with agents from federal, state, and local agencies. The Sacramento ICAC investigates online child exploitation crimes, including child pornography, enticement, and sex trafficking. Assistant U.S. Attorney Matt Morris prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Rochester Hills Man Convicted of Sexual Abuse on an AircraftRead the Press Release
A federal jury convicted a Rochester Hills man of sexual abuse onboard an aircraft, announced United States Attorney Matthew Schneider.
Schneider was joined in the announcement by Special Agent in Charge Timothy R. Stater, Federal Bureau of Investigation, Detroit Field Division.
Convicted was Prabhu Ramamoorthy, 35. Ramamoorthy is in the United States on a work visa and will be deported once he has served his sentence.
The five-day trial was conducted before United States District Judge Terrence Berg. The jury deliberated approximately 3 1/2 hours before returning the guilty verdict.
The indictment alleged that on January 3, 2018, Ramamoorthy engaged in a sexual act with a female, while she was sleeping. At trial, the government admitted evidence demonstrating that Ramamoorthy digitally penetrated the woman sleeping next to him during an overnight flight from Las Vegas to Detroit. The sexual assault woke her up, she found her pants unbuttoned and unzipped, and she sought help from the flight attendants.
United States Attorney Matthew Schneider stated, ““Everyone has the right to be secure and safe when they travel on airplanes. We will not tolerate the behavior of anyone who takes advantage of victims who are in a vulnerable position, and we are glad the jury agreed. We appreciate the victim in this case for her courage to speak out.”
“The safety and security of all aircraft passengers is a priority for the FBI, our local and federal law enforcement partners, and airline carrier personnel,” said Timothy R. Slater, Special Agent in Charge, Detroit Divison of the FBI. “The federal conviction of Prabhu Ramamoorthy demonstrates the FBI’s commitment to hold individuals accountable for their actions on an aircraft, especially those who commit such a heinous crime. If you, or someone you know, is the victim of a crime during air travel, immediately notify a flight crew member, airport security police, and the FBI. We remain committed to working with our federal, local, and private industry partners to ensure that anyone traveling by air is afforded a safe environment.”
A sentencing date has been set for December 12, 2018. Ramamoorthy faces up to life in prison
This case was investigated by the Wayne County Metropolitan Airport Authority, and Special Agents of the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys Amanda Jawad and Maggie Smith.
Quincy Man Sentenced to 20 Years in Prison for Drug Trafficking and Gun PossessionRead the Press Release
BOSTON – A Quincy man was sentenced yesterday in federal court in Boston on drug trafficking and firearm charges.
Jonathan Andrade, 37, was sentenced by U.S. District Court Chief Judge Patti B. Saris to 20 years in prison and five years of supervised release. In January 2018, Andrade pleaded guilty to one count of possession with intent to distribute fentanyl, cocaine and cocaine base, one count of being a felon in possession of a firearm, and one count of possession of a firearm in furtherance of a drug trafficking offense.
On Sept. 15, 2017, a search warrant was executed at Andrade’s apartment in Quincy. The agents knocked on the door and announced their presence, and with no response from inside, they began forcing the door open. In the meantime, agents positioned outside of the building observed an open window in the apartment, and Andrade throwing a black canvas bag to the sidewalk below. The bag was recovered and found to contain approximately two kilograms of cocaine, one kilogram of fentanyl and 250 grams of cocaine base. Once agents entered the apartment, they found Andrade standing near the open window where he was arrested.
A further search of the apartment recovered of a Taurus, Model 709FS, 9mm semi-automatic firearm that was one of 33 firearms reported stolen in December 2012, approximately $20,000, luxury jewelry, and several gold bars. Baggies and a heat sealer were recovered from the kitchen.
During the search of Andrade’s vehicles – a BMW, Altima, Malibu, and Dodge Van – investigators discovered two electronic hides within the Altima. The hides contained approximately one kilogram each of cocaine and fentanyl.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Boston Police Commissioner William G. Gross made the announcement today. The case was prosecuted by Assistant U.S. Attorney Emily Cannon of Lelling’s Organized Crime and Gang Unit.
Plattsburgh Man Sentenced to 63 Months for Online FraudRead the Press Release
ALBANY, NEW YORK – Thomas J. Howe, age 38, of Plattsburgh, New York, was sentenced yesterday to 63 months in prison and 3 years of post-release supervision for committing fraud and identity theft.
The announcement was made by United States Attorney Grant C. Jaquith; James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation; and Plattsburgh Police Chief Levi J. Ritter.
As part of his plea on April 4, 2018, Howe admitted that he and Jared R. Hudson devised a scheme to defraud banks, merchants and individual consumers by purchasing information including credit card numbers, bank account numbers, expiration dates, security codes, answers to security questions, and other personal identification information, and to using that information to electronically purchase goods, and to fraudulently transfer and attempt to transfer funds electronically, between October 2009 and December 2014.
Initially, Howe used stolen credit card numbers belonging to others to order merchandise online, and had the merchandise shipped to him. Howe then used other people’s personal identification information to sign up for credit cards. He then opened investment accounts in his name, which were funded with money taken from other people’s bank accounts using stolen account numbers, routing numbers, identification, and bank security information. Howe admitted that his conduct caused at least $508,053.33 in losses.
Hudson was sentenced on January 10, 2018 to 79 months in prison and 3 years of supervised release.
This case was investigated by the FBI and the Plattsburgh Police Department, and was prosecuted by Assistant U.S. Attorney Douglas Collyer.
Pittsburgh Felon Trafficked HeroinRead the Press Release
PITTSBURGH, PA – One former resident of Pittsburgh, Pennsylvania, pleaded guilty yesterday in federal court to one count of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
Anthony Ptomey, age 26, pleaded guilty before United States District Court Judge Cathy Bissoon.
In connection with the guilty plea, the court was advised that on April 17, 2017, investigators were conducting surveillance in the City of Pittsburgh and saw Ptomey pull up in a Silver Hyundai. Ptomey entered a home and left after a short amount of time. When Ptomey left the home, he was making suspicious movements in his crotch area and continually re-adjusting his pants in the waistband area. Ptomey then reentered the Hyundai which was subsequently stopped by investigators.
When officers began to approach the vehicle, they saw Ptomey, who was in the front passenger’s seat, reaching back and pulling a diaper bag into the front of the car. When officers made contact with Ptomey, they learned that he had an open arrest warrant and was detained. Once Ptomey was detained, officers did a frisk of him and recovered seven bricks of heroin from his crotch region. The driver and owner of the vehicle, gave consent for officers to search the car. Officers recovered eight more bricks of heroin from the diaper bag that Ptomey was holding in the front of the car. The Allegheny County Crime Lab tested the seized substances and determined that the substances tested positive for heroin.
Judge Bissoon scheduled sentencing for December 20, 2018 at 2:15 p.m. Due to Ptomey’s prior conviction for drug trafficking, the law provides an increased penalty for a total maximum sentence of not more than 30 years in prison, a fine of $2,000,000, 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 of the defendant. Ptomey will continue to be detained pending sentencing.
Assistant United States Attorney Timothy M. Lanni is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation – Western District of Pennsylvania Opioid Task Force conducted the investigation leading to the guilty plea in this case. This Task Force is comprised of FBI Special Agents and state and local Task Force Officers, including officers from the Pittsburgh Bureau of Police, Allegheny County Sherriff’s Department, Allegheny County Police, Port Authority Police, Munhall Police Department, West Mifflin Police Department, and Pennsylvania Attorney General’s Office.
Pine Grove Man Charged with Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brett Lamar Heinbach, age 36, formerly of Pine Grove, Pennsylvania, was indicted on August 14, 2018, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that Heinbach conspired with other individuals to distribute over 50 grams of methamphetamine between March and April 2016. The indictment also alleges that Heinbach possessed multiple firearms in furtherance of drug trafficking, one firearm having an obliterated serial number. Heinbach is also charged with being in possession of eight pipe bombs.
The case was investigated by the Pennsylvania State Police, Schuylkill County District Attorney’s Office and Homeland Security Investigations. Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for these offenses is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Pharr Woman Sent to Prison for Bank FraudRead the Press Release
McALLEN, Texas – A former bank employee has been ordered to prison for her admissions of she stealing more than $1 million from customer accounts, announced U.S. Attorney Ryan K. Patrick. Cynthia Luna Rodriguez, 45, pleaded guilty Jan. 31, 2018.
Today, U.S. District Judge Micaela Alvarez handed Rodriguez a 85-month sentence to be immediately followed by three years of supervised release. At the hearing, the court highlighted the extent to which Rodriguez went to conceal her crime, including changing addresses on accounts, getting an address of her own to use, falsifying tax paperwork, falsifying a letter from the bank and adding additional instructions to the account to control access of anyone other than Rodriguez. In handing down the sentence, the court noted the number of victims, the fact that some elderly victims did not have repairs made to their house because of the fraud, the fact that the fraud scheme happened over a number of years and that the victims were people who would trust Rodriguez. The court noted Rodriguez purposefully targeted elderly victims with limited access to the bank.
At the time of her plea, Rodriguez acknowledged she committed two counts of bank fraud and one count of embezzlement that occurred over eight years. Rodriguez admitted to illegally withdrawing money from customers’ accounts and to hiding the unauthorized withdrawals by back-filling the accounts with money from other customers’ accounts and by changing the address on the customer accounts without authorization.
Rodriguez worked at First National Bank in Edinburg. Beginning in at least January 2006, she began taking money from customer accounts without authorization. She continued to do so during the time PlainsCapital Bank took over First National Bank.
A PlainsCapital Bank audit resulted in her firing on Aug. 12, 2014. Following her termination, employees discovered documents at her desk including a 1099 statement belonging to one of the victims. The statement had been altered with whiteout over the address and interest earned sections and new information typed over them. The new address was actually a private mailbox that Rodriguez leased.
Law enforcement executed a search warrant on that private mailbox, at which time they discovered multiple mailings to account holders at her address.
Further investigation revealed a large amount of unexplained money deposited into some of Rodriguez’s accounts which corresponded with the time of the unauthorized withdrawls from the victim accounts. The victim accounts belonged to individuals who interacted with Rodriguez directly when she was employed at the bank. The accounts primarily belonged to elderly individuals and to individuals living out of the country whom were not likely to regularly monitor their accounts. When account holders or their representatives came in to close their statements, Rodriguez moved money from another victim’s account to backfill the account about to be closed.
A forensic audit conducted by an outside accounting firm determined that approximately $1.3 million was taken from six victim accounts over an eight-year time span. As part of her plea, Rodriguez agreed to pay more than $1.1 million in restitution.
Rodriguez was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI conducted the investigation with the assistance of the Federal Deposit Insurance Corporation. Assistant U.S. Attorney Joseph Leonard is prosecuting the case.
Perkinsville Man Sentenced in Armed Pharmacy and Bank Robbery CaseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Michael Bickford, age 38, formerly of Perkinsville, Vermont, was sentenced on August 6, 2018 in the United States District Court in Burlington on charges stemming from the December 5, 2016 armed robbery of the River Street Pharmacy in Springfield, Vermont. Bickford also admitted to committing the armed robberies of the Windsor County South Credit Union in Springfield, Vermont on October 18, 2016 and the Mascoma Savings Bank in Springfield, Vermont on November 10, 2016. United States District Judge Christina Reiss sentenced Bickford to 92 months of imprisonment, followed by three years of supervised release. Bickford was also ordered to pay $230.71 in restitution to the River Street Pharmacy.
As described in court records, at about 8:30 a.m. on December 5, 2016, Bickford entered the River Street Pharmacy located at 100 River Street in Springfield, Vermont armed with a pistol and wearing a dark-colored mask. Bickford approached the counter, pointed the pistol at a pharmacy employee’s midsection, and demanded prescription medications. While the first employee went to get prescription medications, Bickford pointed the pistol at a second employee. After the first employee gave Bickford the prescription medications, Bickford fled the pharmacy. Later that day, as law enforcement tried to confront Bickford, Bickford drove off at high speed and fled from police. Later that day, after an armed standoff with police, law enforcement arrested Bickford and found the loaded pistol in his vehicle, along with the prescription medications and pill bottles stolen from the River Street Pharmacy.
Also as described in court records, Bickford admitted that on October 18, 2016, he robbed the Windsor County South Credit Union located at 383 River Street in Springfield, Vermont. During this robbery, Bickford was armed with a handgun and unlawfully took about $3,324. Bickford also stole the keys to a vehicle from a credit union employee. Bickford further admitted that on November 10, 2016, he robbed the Mascoma Savings Bank located at 270 River Street in Springfield, Vermont. During this robbery, Bickford was armed with a handgun and unlawfully took about $12,000. Bickford also stole a truck from one of the bank employees.
The case was investigated by the Springfield, Vermont Police Department, the Weathersfield, Vermont Police Department, the Windsor County Sheriff’s Department, the Vermont State Police, and the Federal Bureau of Investigation. The Windsor County State’s Attorney’s Office also assisted in the investigation. “We thank our partners at the U.S. Attorney's Office for removing this individual from our streets. Today Windsor County is a safer place,” said David J. Cahill, Windsor County State’s Attorney.
U.S. Attorney Christina Nolan added: “This case exemplifies our ongoing initiative to come together at all levels of law enforcement to combat violence in Vermont. Bickford’s crime is among the most egregious we see in federal court. He put our brave police officers and law abiding, hardworking Vermonters at great risk of death or serious bodily injury. This is intolerable, and we will continue to collaborate to bring justice to violent offenders, particularly those who use firearms.”
Bickford is represented by Jordana Levine of Marsicovetere & Levine Law Group, P.C. The United States is represented by Assistant United States Attorney John J. Boscia.
Passaic County Man Admits Trying to Bring Loaded Gun on Plane at Newark Liberty International AirportRead the Press Release
NEWARK, N.J. – A Totowa, New Jersey, man today admitted knowingly possessing a firearm as a previously convicted felon and trying to bring a loaded gun onto a plane, U.S. Attorney Craig Carpenito announced.
Laron L. James, a/k/a/ “Juelz Santana,” 36, pleaded guilty before U.S. District Judge Stanley R. Chesler to both counts of an indictment charging him with possession of a firearm by a convicted felon and carrying a weapon on an aircraft.
According to documents filed in this case and statements made in court:
James admitted that on March 9, 2018, he knowingly possessed a loaded Derringer .38 caliber handgun despite the fact he was prohibited from possessing firearms due to his December 2012 conviction in Bergen County Superior Court for manufacturing and distributing a controlled dangerous substance. James also admitted that on that date, he attempted to bring the loaded gun onto a flight from Newark to San Francisco. The gun was discovered during the X-Ray screening of James’s luggage before he could board the flight.
Both charges in the indictment carry a maximum potential penalty of 10 years in prison. Sentencing is scheduled for Dec. 12, 2018.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory Ehrie in Newark, and officers of the Port Authority Police Department, under the direction of Superintendent Edward Cetnar, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Desiree Grace Latzer of the U.S. Attorney’s Office Violent Crimes Unit in Newark.
Defense counsel: Brian J. Neary Esq., Hackensack, New Jersey
North Carolina man sentenced for firearm chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Jared Tyrone Cooke, of Charlotte, North Carolina, was sentenced today to 84 months incarceration for using a firearm during a crime of violence, United States Attorney Bill Powell announced.
Cooke, age 24, pled guilty to one count of “Use of a Firearm During a Crime of Violence” in April 2018. He admitted to brandishing a 12-gauge shotgun during a robbery in January 2017 in Morgantown, West Virginia.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Mon Metro Drug & Violent Crimes Task Force, a HIDTA-funded initiative, and the Morgantown Police Department investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Nashville Man Facing Federal Charges for July Bank RobberiesRead the Press Release
James Orion Fox, 49, of Nashville, Tennessee, was indicted yesterday by a federal grand jury and charged with two counts of bank robbery, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
According to the indictment and court documents, on July 11, 2018, Fox entered the Fifth Third Bank on Murfreesboro Pike and placed a bag and note on the counter indicating that this was a robbery and stated that he had a gun. The bank teller placed money from the cash drawer in the bag and Fox fled the bank. The subsequent investigation identified Fox as the person responsible and on July 13, 2018, a criminal complaint and warrant was issued, charging Fox with Bank Robbery.
While Fox was being sought for this robbery, the indictment alleges that on July 24, 2018, he robbed the Fifth Third Bank on Church Street, in Downtown Nashville. Fox was subsequently located and arrested on August 5, 2018, by officers with the Smyrna Police Department.
If convicted, Fox faces up to 20 years in prison on each count.
This case was investigated by the FBI; the Metropolitan Nashville Police Department and the Smyrna Police Department. Assistant U.S. Attorney Juliet Aldridge is prosecuting the case.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.