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24 September 2018
York Man Charged with Medicaid FraudRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Nagy Mohamed Abdelhamed, age 68, of York, Pennsylvania, was indicted on September 19, 2018, by a federal grand jury on one count of health care fraud and six counts of false statements in health care matters. The indictment was unsealed following Abdelhamed’s arrest.
According to the United States Attorney David J. Freed, the indictment alleges that on August 13, 2014, Abdelhamed applied for Medicaid and SNAP (formerly known as Food Stamp) benefits with the York County Assistance Office in August of 2014, even though he owned a four- bedroom residence in York, a gas station in York, a 2008 Mercedes Benz E350 automobile, received $1,124 a month in Social Security disability benefits, and held approximately $58,500 in eight different bank accounts.
The Indictment further alleges that on August 22, 2014, Abdelhamed sold his gas station for $172,883 and deposited $87,016 of the sales proceeds into a bank account. Abdelhamed did not notify the York County Assistance Office of the sale or his receipt of the sales proceeds. According to the Indictment Abdelhamed continued to receive Medicaid and SNAP benefits into 2018 and as a result, fraudulently obtained approximately $29,337 in benefits, including approximately $20,338 in Medicaid benefits.
The case was investigated by the Harrisburg Offices of the Federal Bureau of Investigation and the U.S. Health and Human Services Office of Inspector General. Assistant U. S. Attorney Kim Douglas Daniel is prosecuting the case.
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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Woman Sentenced to 10 Years in Prison for Transportation of A Minor with the Intent of Committing A Criminal Sexual ActRead the Press Release
SAN JUAN, P.R. – United States District Court Senior Judge Daniel R. Domínguez sentenced Yaira Tanies Cotto-Flores to 10 years in prison followed by eight years of supervised release for one count of transportation of a minor with intent to engage in criminal sexual activity, announced United States Attorney Rosa Emilia Rodríguez-Vélez.
On April 27, 2018, after a nine-day jury trial and four hours of deliberation, Yaira Tanies Cotto-Flores was found guilty of one count of transportation of a minor with intent to engage in criminal sexual activity. According to the evidence presented at trial, on March 1, 2016, the defendant transported a 14-year-old male student to a motel located in San Lorenzo, PR, with the intent to engage in sexually explicit conduct. Cotto-Flores was the victim’s English teacher. They met at the beginning of the school year and the defendant gave the victim various gifts including an acne treatment kit, a neckband and a Bulova wristwatch.
“This sentence should serve to reassure the public that we are paying close attention to the well-being of our children, and that we will spare no expense to take child predators off the streets,” said U.S. Attorney Rosa Emilia Rodríguez-Vélez. “We entrust teachers to serve as role models for our children and safeguard their welfare. The jury found Ms. Cotto-Flores guilty of robbing a child’s innocence and causing harm to the victim and his family. As this conviction makes clear, when that trust is violated, there are severe consequences.”
“Children who are sexually exploited either physically or through the dissemination of child pornography suffer immeasurable harm,” said Ivan J. Arvelo, special agent in charge of HSI San Juan. “And while this significant sentence cannot repair the damage done, it should serve as a stark reminder that we are watching and the aggressive investigation and prosecution of predators remains a high priority for HSI.”
The criminal prosecution was handled by Assistant U.S. Attorney Elba Gorbea. ICE-HSI was in charge of the investigation with the collaboration of the Puerto Rico Police Department.
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Winthrop Man Pleads Guilty to Making False Statements to a Federal Firearms DealerRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Donald Henderson, 35, of Winthrop, Maine, pleaded guilty today in U.S. District Court to making false statements to a federal firearms licensee.
According to court records, in February and March, 2017, Henderson purchased a firearm from a Kennebec County firearms dealer. During each transaction, Henderson falsely claimed to be the actual purchaser of the firearm, when, in fact, he was not. He also claimed that he was not an unlawful user of controlled substances, when, in fact, he was.
The defendant faces up to 10 years in prison, three years supervised release and a $250,000 fine. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Westside Man Sentenced to Federal Prison for Meth Conspiracy and Possessing a Firearm to Further the ConspiracyRead the Press Release
A man who conspired to distribute over 100 pounds of methamphetamine and possessed a GSG, MP5, .22-caliber firearm to further the conspiracy was sentenced today to 26 years in federal prison.
Robert “Bobby” Whitenack, 37, from Westside, Iowa, received the prison term after an April 5, 2018, guilty plea to one count of conspiracy to distribute methamphetamine and one count of possession of a firearm during and in furtherance of a drug trafficking crime.
At sentencing, the government presented evidence that showed Whitenack distributed approximately 100 pounds of methamphetamine from January 2014 through May 2017. During the conspiracy, Whitenack recruited at least five individuals to pick up pound-quantities of methamphetamine from Denison, Iowa, and Omaha, Nebraska, for distribution. Whitenack received or expected to receive compensation for every pound that his subordinates sold. Whitenack handled drug proceeds ranging from $20,000 to $63,000 at a time from his subordinates before sending most of the money to the source in Mexico or associates of the source. In February 2017, Whitenack used a GSG, MP5, .22-caliber firearm and pistol-whipped a cooperator in the head, causing a deep gash in the victim’s forehead.
The government also presented evidence that, on May 30, 2017, Whitenack engaged in a 4.5-hour standoff with law enforcement and threatened to commit “suicide by cop.” After officers deployed multiple canisters of tear gas, Whitenack ultimately emerged from his residence with what appeared to be a gun in his right hand wrapped in a blanket while waving the middle finger on his left hand. Unbeknownst to Whitenack, two members of the tactical team had entered the residence from the upstairs, allowing them to tase Whitenack from behind before ultimately securing his arrest.
Whitenack was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Whitenack was sentenced to 312 months’ imprisonment. He must also serve a 10-year term of supervised release after the prison term. There is no parole in the federal system.
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.
Whitenack is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Ajay J. Alexander and investigated by was investigated by the Iowa Division of Narcotics Enforcement, Drug Enforcement Administration, Crawford County Sheriff’s Office, Denison Police Department, Carroll County Sheriff’s Office, Carroll Police Department, and Iowa Division of Criminal Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-3020-LTS.
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United States Attorney Mike Stuart Launches Listening TourRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart is launching a series of community forums over the next few months to discuss public safety issues. The forums, presented in partnership with West Virginia’s Substance Abuse Prevention Coalitions, will be held at locations throughout the Southern District of West Virginia and invite open discussion on substance abuse, violent crime, school safety, and other public safety issues currently impacting local communities. City and county government officials, public health officials, school administrators, teachers, parents, students, church leaders, residents and area law enforcement representatives are encouraged to attend the community forums.
“I’m going to do a lot more listening than talking,” said United States Attorney Mike Stuart. “I want to hear the concerns of the public and to make sure we are doing all we can do to address the needs of our citizens.”
In October, the following community forums will be held from 6:00 – 7:30pm:
Tuesday, October 2 - Cabell County – Holiday Inn Express, 3551 US Rt. 60 East, Barboursville
Thursday, October 11 – Raleigh County – Raleigh County Convention Center, 200 Armory Drive, Beckley
Tuesday, October 16 – Logan County - Word of Life Church, 518 Mud Fork Road, Logan
Tuesday, October 23 – Putnam County – Teays Valley Church of the Nazerene, 3937 Teays Valley Road, Hurricane
Doors will open at 5:00pm for networking.
For more information, please email Public Information Officer/Law Enforcement Coordinator Deanna Eder at [email protected].
SDWVNews and USAttyStuart
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United States Attorney Announces Appointment of Five New Federal ProsecutorsRead the Press Release
U.S. Attorney Erin Nealy Cox today announced the appointment of five new Assistant United States Attorneys: Stephen Rancourt, assigned to the Lubbock Criminal Division; Melanie Smith, assigned to the Dallas Criminal Division’s Violent and Major Crimes Section; Damien Diggs, also assigned to the Dallas Criminal Division’s Violent Crimes Section; Braden Civins, assigned to the Dallas Civil Division; and Abe McGlothin, assigned to the Dallas Criminal Division’s Violent and Major Crimes Section.
All five prosecutors were sworn in Monday morning before Chief U.S. District Judge Barbara M.G. Lynn.
A two-time graduate of the University of Richmond, Mr. Rancourt joins Nealy Cox’s prosecutorial team from the District Attorney’s Office in Wichita County, where he spent six years as an Assistant District Attorney, rising to become First Assistant ADA.
Ms. Smith, an alumnus of Gonzaga University and the University of Virginia School of Law, is happy to be returning to the same district where she clerked for former U.S. District Judge Jorge A. Solis six years ago. In the intervening years, she served in the Department of Justice’s Tax Division in Washington, DC.
Mr. Diggs joins the Northern District of Texas from the U.S. Attorney’s Office in DC, where he prosecuted homicides and other criminal cases; before that, he worked for the U.S. Department of Education’s Office for Civil Rights. Mr. Diggs earned his undergraduate degree from Towson University and his law degree from American University’s Washington College of Law.
An alumnus of Emory University and the University of Texas School of Law, Mr. Civins previously served as Assistant Attorney General at the Texas Attorney General’s Office’s Civil Medicaid Fraud Division, where he handled complex civil litigation under the Texas Medicaid Fraud Prevention Act.
Mr. McGlothin joins Northern District from the U.S. Attorney’s Office the Southern District of Mississippi, where he prosecuted a wide range of violent crimes and served as the Project Safe Neighborhood Coordinator. He earned his degrees at Jackson State University and the University of Mississippi School of Law.
“I am thrilled to welcome these five exceptional attorneys to the Northern District of Texas today,” said Nealy Cox. “I’m confident they will bring honor to the important work this office does day in and day out.”
U.S. Trustee Program Reaches $5 Million Settlement with Citibank to Protect Debtors in BankruptcyRead the Press Release
The Department of Justice’s U.S. Trustee Program (USTP) has entered into a national settlement agreement with Citibank N.A. (Citibank), Department Stores National Bank (DSNB) (collectively Citi), and FDS Bank requiring Citi to pay $5 million to remediate robo-signed proofs of claim filed in consumer bankruptcy cases in connection with more than 71,000 Macy’s-branded credit card accounts, Director Cliff White of the Executive Office for U.S. Trustees announced today.
The proposed settlement has been filed in the U.S. Bankruptcy Court for the Northern District of Georgia, where it is subject to court approval. In the settlement, Citi acknowledges that its affiliate DSNB issued Macy’s-branded consumer credit card accounts. FDS Bank was responsible for account servicing activities and contracted certain bankruptcy-related services to vendors. Between 2012 and 2015, tens of thousands of proofs of claim were filed in bankruptcy cases across the country on DSNB’s behalf. These proofs of claim were improperly signed, under the penalty of perjury, by employees of a third-party vendor who had not reviewed and/or lacked knowledge of the contents of the proof of claim. In some cases, the electronic credentials of the vendor’s employees were used to file claims where the employee did not review the claim. These improper practices were identified when Citibank took over the servicing of the accounts in late 2015 from the third parties. Citi self-reported the errors to the USTP.
“I am pleased that Citi has acted responsibly by self-reporting these deficient bankruptcy practices and agreeing to remediate affected borrowers to address the errors,” said USTP Director White. “I am also encouraged that Citi has instituted internal bankruptcy procedures to ensure that the vendor’s errors should not be repeated. When creditors fail to comply with the bankruptcy laws and rules, they must be held accountable. The U.S. Trustee Program remains diligent in its effort to ensure that creditors as well as debtors who disregard the law will be held accountable for their actions.”
Settlement Terms
Citi agrees to pay $5 million to remediate DSNB account holders in whose bankruptcy cases improperly signed proofs of claim may have been filed. Using the former vendor’s data, Citi has undertaken a review and identified more than 71,000 eligible accounts. Each eligible account will receive a pro rata share of the $5 million dollar payment. Citi will also send a notice to eligible accounts informing the account holder of the reason for the payment.
Citi’s independent internal compliance group will perform an audit to ensure that Citi has met its obligations under the settlement. Citi will then file a report with the Court certifying that it has completed its corrective action obligations under the settlement.
While the settlement resolves any actions that could be brought by the USTP for the covered conduct, it does not impact the rights of borrowers or other third parties, including trustees.
The U.S. Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. The Program has 21 regions and 92 field office locations. Learn more information on the Program at: https://www.justice.gov/ust.
U.S. Soldier Sentenced to More Than 11 Years for Illegally Manufacturing, Using a Chemical WeaponRead the Press Release
Ryan Keith Taylor, 24, of New Llano, Louisiana, and a soldier at Fort Polk, was sentenced today to 135 months in prison, to be followed by five years of supervised release, for manufacturing, possessing and detonating a chemical weapon in the Kisatchie National Forest adjacent to the Fort Polk Army installation in Louisiana.
The sentence was announced by Assistant Attorney General for National Security John C. Demers and U.S. Attorney David C. Joseph for the Western District of Louisiana. The sentence was issued by U.S. District Judge Jay C. Zainey.
“Taylor produced and detonated a chemical bomb near Fort Polk, causing injury to his fellow soldiers who responded to and investigated the incident.” said Assistant Attorney General Demers. “Today’s sentence holds Taylor accountable for his crime and makes clear that we will not tolerate such conduct. I want to thank the agents and prosecutors who are responsible for this result and our military and local law enforcement partners for their significant contributions to this investigation.”
“Supporting and protecting our soldiers is of utmost importance to my office,” said U.S. Attorney Joseph. “Those serving our country put their lives on the line daily to protect us. They should not be put in danger needlessly. The chemical weapon the defendant created in this case is banned under international and national laws because of its terrible effects on the human body. I want to thank our U.S. military, federal and local law enforcement for their combined effort investigating this case and bringing this defendant to justice.”
According to the June 11, guilty plea, Taylor detonated an explosive device containing chlorine gas on the morning of April 12, 2017 in the Kisatchie National Forest near Fort Polk. Three U.S. Army soldiers who were conducting a training exercise nearby heard the explosions and found Taylor standing near his vehicle filming the explosion with his cell phone. They then questioned Taylor and reported the incident to military police.
Upon arriving at the site of the explosion, Fort Polk military police investigators examined the scene and began collecting samples at the blast site. One investigator filled a plastic bag with a rock coated in an unknown substance. The bag immediately popped and the investigator’s plastic gloves and boots began to melt. He also began to experience difficulty breathing and his skin started burning. Law enforcement later detained Taylor at Fort Polk and searched his vehicle. During the search, investigators found remnants of the explosive device and chlorine residue, which one investigator inhaled and touched, causing him to be hospitalized. During the course of the investigation, law enforcement agents found bomb-making notes, materials and chemical residue in Taylor’s vehicle, apartment and storage building. The two victims who inhaled the chlorine gas were treated multiple times for their injuries and effectively ended their military careers.
The U.S. Army Directorate of Emergency Services, Military Police, Criminal Investigation Command, and Military Intelligence/Army Counterintelligence Gulf Coast at Fort Polk, Louisiana; the FBI and the FBI’s Joint Terrorism Task Force; the Louisiana State Police; the Vernon Parish Sheriff’s Office; and local police and fire agencies in Vernon Parish investigated the case.
U.S. Attorney David C. Joseph, Assistant U.S. Attorney Daniel J. McCoy and Special Assistant U.S. Attorney Dennis E. Robinson of the Western District of Louisiana, and Trial Attorney David Cora of the National Security Division’s Counterterrorism section prosecuted the case.
U.S. Attorney Brady Welcomes HIDTA Designation to Combat Drug Trafficking and Reduce Supply of Illegal DrugsRead the Press Release
PITTSBURGH – United States Attorney Scott W. Brady announced today that three Western Pennsylvania counties will receive new federal funding to combat drug trafficking and reduce the supply of illegal drugs. The counties of Allegheny, Beaver and Washington have been officially designated as a High Intensity Drug Trafficking Area (HIDTA) by the White House’s Office of National Drug Control Policy, meaning Western Pennsylvania will now receive more resources to coordinate federal, state and local governments to fight drug trafficking and abuse.
"We are pleased to receive this surge in funding from the White House. The HIDTA designation for Western Pennsylvania is long overdue," stated U.S. Attorney Brady. "We are at a critical point in the opioid crisis and the President has made clear that failure is not an option. The HIDTA program will expand our law enforcement efforts by providing critical funding to local, state and federal agencies. Through a centralized command structure, we will be able to share information and intelligence so those individuals who are polluting our communities with drugs will be held accountable. The HIDTA designation will also permit broader and more effective training initiatives and provide the opportunity to turn the corner in this devastating drug crisis."
Until today, Western Pennsylvania was the only metropolitan area in the country that had no designated HIDTA areas. The U.S. Attorney’s Office, in partnership with FBI, DEA and other law enforcement agencies, worked closely with the District Attorneys’ Offices for Allegheny, Beaver and Washington Counties to petition the White House for designation. All three petitions for designation detailed the region’s record levels of fatal overdoses, primarily due to widespread distribution of fentanyl and its analogues. Each petition also noted the need to enhance each County’s ability to stop illegal drugs from entering the communities through the federal highways, including I-376, I-76 (The Pennsylvania Turnpike), I-79, I-70, and PA Route 51, as well as by mass transit, including buses from Chicago, Detroit, Philadelphia and Newark.
U.S. Attorney Brady thanked Pennsylvania’s United States Senators, Senator Pat Toomey and Senator Robert Casey, the members of Western Pennsylvania Congressional delegation, Governor Tom Wolf, District Attorney Gene Vittone, District Attorney David Lozier and District Attorney Stephen Zappala, the Federal Bureau of Investigation, the Drug Enforcement Administration, the Pennsylvania State Police, the US Postal Inspection Service, and the Department of Homeland Security, as well as state and local law enforcement who supported and worked in concert to receive this designation.
Turlock Man Sentenced to over 8 Years in Prison for Receipt and Distribution of Child PornographyRead the Press Release
FRESNO, Calif. — Gary Gene Bishop, 43, of Turlock, was sentenced today by U.S. District Judge Dale A. Drozd to eight years and four months in prison, to be followed by 10 years of supervised release for receiving and distributing child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, between July 27, 2016 and August 22, 2016, in Stanislaus County, Bishop was found to have received and distributed through the internet over 100 videos and 5,000 image files of minors engaged in sexually explicit conduct. The images also involved the portrayal of sadistic, masochistic, and other depictions of violence, and included depictions of pre-pubescent minors.
This case was the product of an investigation by Homeland Security Investigations and the Turlock Police Department. Assistant U.S. Attorney Brian W. Enos 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.
Tulsa Receives $800,000 from the Department of Justice's Public Safety Partnership to Support Crime Reduction EffortsRead the Press Release
TULSA, Okla.—Attorney General Jeff Sessions announced today the grant awards to Public Safety Partnership member sites that will include $800,000 in funding to Tulsa law enforcement departments and their partners to fight violent crime.
The partnership delivers $10 million in grant awards to support various state, local and tribal law enforcement departments and agencies who battle violent crime. Tulsa was awarded $800,000 to fund ballistic technology and to improve investigative practices through Crime Gun Intelligence Centers.
The Office of Justice Programs’ Bureau of Justice Assistance, in partnership with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, is awarding $5 million under the Local Law Enforcement Crime Gun Intelligence Center Integration Initiative to encourage local jurisdictions to use intelligence, technology and community engagement to identify unlawfully used firearms and to prosecute those who commit violent crimes.
“This crime-fighting collaboration will be Tulsa tailored. It will provide a data driven, strategic look at the city’s most violent and problematic criminal activity that is infiltrating and harming neighborhoods. Additionally, our Tulsa law enforcement partners, who know our community well, will play an active role in forming priorities and solutions and will further gain invaluable tools, training and focused resources,” said United States Attorney Trent Shores. “Together, we will all move forward in our common mission to stop violent crime and create an environment where our neighborhoods thrive.”
Tulsa Police Chief Chuck Jordan said, “We are very grateful to be receiving this Department of Justice grant, which will formalize Tulsa as a Crime Gun Intelligence Center. This funding will help support collaborative efforts that are already in place with our federal and local partners here in Tulsa. These resources will help us identify our most violent offenders even quicker, targeting them for enforcement and removing them from our streets. The Tulsa Police Department has a world class forensic laboratory that supports some of the most gifted investigators and prosecutors in the nation. I look forward to seeing all that is accomplished with this grant!”
Tulsa County District Attorney Steve Kunzweiler added, “Tulsa County is indeed blessed to have a network of partner agencies working hard to reduce violent crime in our communities. I am committed to ensuring public safety, and the Tulsa County District Attorney’s Office is proud to be part of this effort.”
Grant recipients include the PSP cities of Indianapolis, Indiana, $798,866; Memphis, Tennessee, $714,055; Tulsa, Oklahoma, $800,000 and Baton Rouge, Louisiana, $634,971. Other locations include Detroit, Michigan, $800,000; the Albuquerque, New Mexico, Police Department, $452,108, and the City/County of San Francisco, California, $800,000. The jurisdictions will use these awards to hire personnel to utilize the National Integrated Ballistic Information Network (NIBIN), to purchase technology required to operate a Crime Gun Intelligence Center and ammunition for ballistic tests of recovered weapons.
Attorney General Jeff Sessions made the announcement during today’s National Public Safety Partnership Symposium on Violent Crime in Birmingham, Alabama. The National Public Safety Partnership is a DOJ-wide initiative that enables cities to consult with and receive a coordinated array of resources from DOJ’s programmatic and law enforcement components: the Bureau of Justice Assistance; United States Attorneys’ Offices; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Federal Bureau of Investigation; the U.S. Drug Enforcement Administration; the U.S. Marshals Service; the Office on Violence Against Women; the Office of Justice Programs; the Office of Community Oriented Policing Services; and other federal agencies in order to improve local violence reduction strategies.
Trinidadian Man Sentenced to 42 Months in Prison on Federal Bank Fraud ChargesRead the Press Release
WASHINGTON - Garth Anthony Gardner, 49, a citizen of the Republic of Trinidad & Tobago, was sentenced today to 42 months in prison for a scheme in which he made misrepresentations to apply for and obtain more than $3 million in multiple home equity line of credit loans.
The announcement was made by U.S. Attorney Jessie K. Liu and Acting Special Agent in Charge Kelly R. Jackson of the Internal Revenue Service Criminal Investigation (IRS-CI) Washington D.C. Field Office.
Gardner pled guilty in July 2018, in the U.S. District Court for the District of Columbia, to two counts of bank fraud. He was sentenced by the Honorable Christopher R. Cooper. In addition to his prison term, Gardner will be subject to a restitution order to be set at a later date. He also must pay a forfeiture money judgment in the amount of $2,048,446. Following his prison term, Gardner will be placed on five years of supervised release and could be deported.
According to the government’s evidence, in October 2003, Gardner purchased a property in the 5100 block of 13th Street NW, using the Social Security number of another person and falsely representing himself as a U.S. citizen. In May 2005, he used a corporation that he owned to purchase a second property in the 1300 block of Dexter Terrace SE. Gardner transferred ownership of the second property from the company to himself for $10. Next, Gardner applied for a series of home equity line of credit loans using the two properties as collateral.
By settling these loans in close proximity to each other, Gardner minimized the banks’ ability to learn about the other loans. From August to October 2004, Gardner obtained 12 home equity line of credit loans from 12 different banks secured by the 13th Street property, totaling approximately $1.4 million. Between March and April 2006, Gardner applied for 13, and obtained 12, such loans from 12 banks, secured by the Dexter Terrace property, totaling approximately $1.9 million.
In approximately February 2008, Gardner stopped making payments and defaulted on all of the loans. The banks discovered Gardner’s fraudulent conduct after initiating foreclosure proceedings on the properties.
Gardner admitted that he used a portion of the proceeds from the fraudulent scheme to purchase 15 silver bars, which the government recovered and liquidated for about $1.1 million.
Gardner was arrested in Frankfurt, Germany in May 2017, and was extradited to the District in February 2018, to face the charges that had been pending since 2014. He remained in custody pending his sentencing.'
The Department of Justice’s Office of International Affairs provided significant assistance in the extradition of Gardner from Germany to the United States.
In announcing the sentence, U.S. Attorney Liu and Acting Special Agent in Charge Jackson commended the work performed by those who investigated the case from the Internal Revenue Service-Criminal Investigation. They also expressed appreciation for the assistance provided by the Washington Field Office of the U.S. Secret Service and the Office of the Inspector General of the Social Security Administration. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Denise A. Simmonds and Diane Lucas, former Assistant U.S. Attorneys Michelle Bradford and David A. Last, and Paralegal Specialist Aisha Keys.
Torrington Man Pleads Guilty to Tax EvasionRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Kristina O’Connell, Special Agent in Charge of IRS Criminal Investigation in New England, announced that SERAFINO CANINO, 52, of Torrington, waived his right to be indicted and pleaded guilty today in Bridgeport federal court to one count of tax evasion.
According to court documents and statements made in court, CANINO was employed by and had an ownership interest in Innovative Concepts Corporation (“ICC”), a company that manufactured and distributed small power and hand tools. ICC contracted with factories in Asia through intermediaries located in Taiwan. The intermediaries were responsible for, among other things, negotiating with the factories in Asia, ensuring the shipment of manufactured products to ICC, and invoicing ICC for the manufacturing of its products.
From 2008 through 2011, CANINO engaged in fraudulent billing using two of ICC’s intermediaries in Taiwan whereby CANINO instructed the intermediaries to charge ICC an inflated price and kick back the overage to CANINO using overseas bank accounts and an overseas corporate entity. Through this scheme, CANINO improperly received more than $633,000 in income. CANINO failed to disclose this illegal income to his accountants who prepared his federal tax returns, and he failed to report the income on his 2008, 2009, 2010 and 2011 tax returns. The total tax loss to the Internal Revenue Service was $186,358.
CANINO is scheduled to be sentenced by U.S. District Judge Stefan R. Underhill on December 17, 2018, at which time he faces a maximum term of imprisonment of five years and more than $430,000 in back taxes, interest and penalties.
This matter is being investigated by the Internal Revenue Service, Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney Susan L. Wines.
Tipton Man Sentenced to 50 Years in Federal Prison for Producing Child PornographyRead the Press Release
A man who produced child pornography involving a prepubescent child and traded child pornography with others was sentenced on September 19, 2018, to 50 years in federal prison.
Christian Hansen, age 40, of Tipton, Iowa, received the sentence after a March 23, 2018, jury verdict finding him guilty of one count of sexual exploitation of a child, one count of sexually exploiting a child while being required to register as a sex offender, one count of distribution of child pornography, one count of receipt of child pornography, and five counts of possession of child pornography.
The evidence at trial showed that in July 2017, Hansen took photos of a prepubescent child’s genital area and e-mailed the photos to others. Hansen also traded child pornography, including the child pornography he produced, with others and possessed child pornography on multiple electronic devices. At the time of these offenses, Hansen was required to register as a sex offender based on his 2011 Nebraska convictions for three counts of possession of child pornography.
Hansen was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Hansen was sentenced to 600 months’ imprisonment. A special assessment of $900 was imposed, Hansen was ordered to pay over $32,500 in victim restitution, and he must also serve a life term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by Homeland Security Investigations, the Iowa Division of Criminal Investigation, the Tipton Police Department, and the Cedar Rapids Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 17-99.
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Three People Charged in Newark Heroin Trafficking ConspiracyRead the Press Release
NEWARK, N.J. – Three men were charged today in connection with their respective roles in a drug trafficking conspiracy, U.S Attorney Craig Carpenito announced.
Ahmad Johnson, a/k/a “OC,” 38, Cory Canzater, a/k/a “Big C,” 45, and Maurice McPhatter a/k/a “Ree,” 45, all of Newark, were charged today in a five-count indictment. All three defendants are charged with one count of conspiracy to distribute and possess with intent to distribute controlled substances, including heroin, cocaine and fentanyl (Count One). Additionally, Johnson is charged with one count of conspiracy to distribute and possess with intent to distribute heroin (Count Two); two counts of distribution and possession with intent to distribute heroin (Counts Three and Four); and one count of possession of a weapon by a convicted felon (Count Five). The indictment follows the arrests of seven members of Johnson’s drug trafficking organization in September 2017.
According to documents filed in this case and statements made in court:
From September 2016 through June 2017, Johnson and others took part in a heroin distribution conspiracy that operated in and around Newark.
Through the authorized interception of telephone calls and text messages, controlled purchases of heroin, the use of confidential sources of information, and other investigative means, law enforcement learned that Johnson was allegedly a leader of the conspiracy and was responsible for obtaining wholesale amounts of narcotics, including heroin and cocaine, and processing and packaging the narcotics for sale. Johnson sometimes found users to “test” the narcotics to evaluate their quality, potency, and danger for broader distribution. Distributors then sold the narcotics to other distributors and to users.
Count One of the indictment, the conspiracy charge against Johnson, Canzater and McPhatter, carries a mandatory minimum penalty of 10 years in prison, a maximum potential penalty of life in prison, and a $10 million fine. Counts Two and Four are punishable by up to 40 years in prison and a $5 million fine, Count Three is punishable by up to 20 years in prison and a $1 million fine and Count Five is punishable by up to 10 years in prison and a $250,000 fine.
Attorney Carpenito credited special agents and officers with DEA’s High-Intensity Drug Trafficking Area (HIDTA) Group 1, under the direction of Special Agent in Charge Valerie A. Nickerson, with the investigation leading to todays’ indictment.
The government is represented by Assistant U.S. Attorney Ari B. Fontecchio of the U.S. Attorney’s Office Organized Crime and Drug Enforcement Task Force / Narcotics Unit in Newark.
The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Third Federal Inmate at Fort Dix Sentenced to Additional 160 Months for Possessing Images and Videos of Child Sexual Abuse While in PrisonRead the Press Release
CAMDEN, N.J. – A Brookhaven, Pennsylvania, man was sentenced today to an additional 160 months in prison for possessing hundreds of images and videos of child sexual abuse while imprisoned at Federal Correctional Institution Fort Dix for previous offenses involving the distribution and possession of child pornography, U.S. Attorney Craig Carpenito announced.
Brian J. McKay, 47, previously pleaded guilty before U.S. District Judge Joseph H. Rodriguez to an information charging him with one count of possession of child pornography. Judge Rodriguez imposed the sentence today in Camden federal court.
According to documents filed in this case and statements made in court:
McKay admitted that he possessed two micro SD Cards which together contained a total of approximately 593 images and 645 videos of child pornography, some of which depicted children being sexually abused and sadistic and masochistic sexual conduct involving infants and toddlers. In connection with his plea, McKay also admitted that he distributed child pornography to another inmate.
McKay and seven other inmates were arrested in April 2017 and February 2018 following an FBI investigation involving multiple covert recordings and several cooperating inmates. The investigation revealed that McKay and other inmates utilized contraband cellphones, micro SD cards, and access to the internet to obtain, view, and distribute child pornography within the prison. A co-defendant organized and helped facilitate this criminal activity by maintaining cloud accounts that were used as repositories for child pornography.
In addition to the prison term, Judge Rodriguez sentenced McKay to 10 years of supervised release. Restitution will be determined at a later date.
Six other inmates – all of whom were serving sentences for prior child pornography offenses while committing the alleged crimes in this case – have pleaded guilty: Erik M. Smith, 36, of Iron Mountain, Michigan; Anthony C. Jeffries, 32, of Orange, Virginia; Jordan T. Allen, 31, of Plain City, Ohio; Christopher D. Roffler, 30, of Virginia Beach, Virginia; Jacob S. Good, 26, of Fredericksburg, Virginia; and Charles Wesley Bush, 38, of Knoxville, Tennessee. Smith was sentenced to 151 months in prison and Good was sentenced to 10 years in prison; the other four defendants are awaiting sentencing.
William H. Noble, 52, of Lowell, Massachusetts, was indicted on May 23, 2018, and is scheduled for trial next year. The charges and allegations against Noble are merely accusations, and he is presumed innocent unless and until proven guilty.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation. He also thanked officials of the Bureau of Prisons at Federal Correctional Institution Fort Dix for their assistance.
The government is represented by Assistant U.S. Attorneys Gabriel J. Vidoni and Alyson M. Oswald of the U.S. Attorney’s Office’s Criminal Division in Camden.
Defense counsel: John B. Brennan Esq., Camden
Thibodaux Man Indicted for Receipt of Child PornographyRead the Press Release
JARED CARRELL (“CARRELL”), age 38, of Thibodaux, Louisiana, was indicted Friday, September 21, 2018 for receipt of child pornography, announced United States Attorney Peter G. Strasser.
On May 30, 2018, law enforcement officers with the Louisiana State Police found CARRELL in possession of a LG cellular device containing images depicting the sexual victimization of prepubescent children. On July 9, 2018, members of the Louisiana State Police and the U.S. Department of Homeland Security, Homeland Security Investigations, executed a search warrant at CARRELL’s Thibodaux residence. At which time, CARRELL was arrested and charged with possessing child pornographic materials. Today’s indictment charges CARRELL with knowingly receiving and attempting to receive images of minors engaging in sexually explicit conduct. CARRELL will appear before a U.S. magistrate judge for his arraignment on this indictment in the next two weeks.
U. S. Attorney Strasser reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
If convicted, CARRELL faces a mandatory minimum penalty of five (5) years imprisonment up to twenty (20) years, followed by up to a life term of supervised release, and a $250,000.00 fine.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
U.S. Attorney Strasser praised the work of the U. S. Department of Homeland Security, Homeland Security Investigations, and the Louisiana State Police in investigating this matter. The prosecution of this case is being handled by Project Safe Childhood Coordinator and Fraud Section Chief, Assistant U. S. Attorney Brian M. Klebba.
Texas man sentenced to nearly 5 years in prison for traveling to Lake Charles to have sex with minorRead the Press Release
LAFAYETTE, La. – United States Attorney David C. Joseph announced today that a Texas man was sentenced to 57 months in prison for traveling to Lake Charles to have sex with a 12 year old.
Wendell Eaves, 61, of Kirbyville, Texas, was sentenced by U.S. District Judge Jay C. Zainey on one count of travel with intent to engage in illicit sexual contact with a minor. He was also sentenced to 20 years of supervised release and must register as a sex offender. According to the June 11, 2018 guilty plea, Eaves communicated with a group of people who said they had a 12-year-old female available for prostitution. The defendant planned to meet the girl at a Lake Charles casino on September 22, 2017, but law enforcement uncovered the plan and arrested him at the casino.
This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood combines federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The U.S. Department of Homeland Security and U.S. Immigration & Customs Enforcement (ICE) also encourage the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) 347-2423. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online by visiting their website at www.ice.gov/exec/forms/hsi-tips/tips.asp or through the Operation Predator smartphone application www.ice.gov/predator/smartphone-app. Tips may be submitted anonymously.
The U.S. Department of Homeland Security and the Lake Charles Police Department conducted the investigation. Assistant U.S. Attorney John Luke Walker prosecuted the case.
Texas Man Sentenced to 13 Years in Prison for Enticing Minors to Engage in Sexual Activity over the InternetRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that TRAVIS W. McCOY, 24, of Houston, Texas, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 156 months of imprisonment, followed by a lifetime of supervised release, for enticing minors to engage in sexual activity over the internet.
According to court documents and statements made in court, between approximately August 2015 and March 2017, while he was attending college and living in New London, McCOY used internet-based video chatting services, including Kik and Google Hangouts, and internet-based gaming systems, such as Xbox Live, to entice four minor males between the ages of 9 and 14 to engage in sexually explicit conduct over video-chatting services, such as Skype. McCOY either took screen shots of the minors engaged in sexual activity, or requested and received from the minors digital images and videos in which the minors are depicted engaging in sexual activity. McCOY also sent sexually explicit images and videos of himself to the minor victims.
The investigation revealed that McCOY initially met one of the minor victims at a summer camp in Texas where McCOY had worked as a camp counselor.
The investigation further revealed that McCOY maintained three Dropbox accounts and gave the password to one of the accounts to a person living in Los Angeles as a way to share and receive child pornography. The Dropbox accounts contained 684 images and more than 89 hours of videos of child pornography, and were accessed by people around the world. There is no evidence that McCOY distributed any of the images or videos he received from the four minor victims he enticed.
McCOY has been detained since his arrest on June 28, 2017. On June 27, 2018, he pleaded guilty to one count of enticement of a minor to engage in sexual activity.
This matter was investigated by Homeland Security Investigations, the New London Police Department and the Houston Police Department. The case was prosecuted by Assistant U.S. Attorney Nancy V. Gifford.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Tampa Man Sentenced to More Than 15 Years in Federal Prison After Road Rage AssaultRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew has sentenced Harlem Slaughter Turner, III (41, Tampa) to 15 years and 8 months in federal prison for possessing a firearm as a convicted felon. Turner pleaded guilty on June 12, 2018.
According to court documents, on May 30, 2017, at approximately 2:50 a.m., officers from the Tampa Police Department were on routine patrol when they observed what appeared to be an altercation among a group of people just north of 7th Avenue on 17th Street in Ybor City. The officers heard someone yell, “he's got a gun,” as Turner quickly got into his car and fled the scene. The officers learned that Turner had threatened the occupants of another vehicle after he had been involved in a traffic incident.
The officers located Turner’s car, conducted a traffic stop, and searched the vehicle. During the search, under the rear seat, the officers found a 9mm handgun that had been reported stolen, along with a magazine containing 10 rounds of ammunition. The officers also recovered a magazine containing 14 rounds of 9mm ammunition located inside a backpack behind the center console. At the time, Turner had numerous prior violent felony convictions and, was therefore prohibited from possessing a firearm by federal law. He also qualified for an increased penalty under the Armed Career Criminal Act.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tampa Police Department. It was prosecuted by Assistant United States Attorneys Michael C. Baggé-Hernández and Charlie D. Connally.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Six Paterson, New Jersey, Men Charged with Stealing $300,000 in Checks from Dozens of Mail Collection BoxesRead the Press Release
NEWARK, N.J. – Six Paterson, New Jersey, men have been charged with taking part in a scheme to break into U.S. Postal Service (USPS) mail collection boxes throughout northern New Jersey and steal the mail—particularly, checks—inside, U.S. Attorney Craig Carpenito announced.
Ismael Alicea, Jr., 25, Yerrisson Garcia-Rodriguez, 23, Jerry Lake-Rodriguez, 25, Johan Lake-Rodriguez, 26, Brayan Ulloa-Ulloa, 24, and Jefersson Quezada, 21, are each charged by complaint with one count of conspiracy to commit bank fraud. Each defendant, except Alicea, is also charged with one count of bank fraud. Garcia-Rodriguez, Jerry Lake-Rodriguez, Johan Lake-Rodriguez, and Quezada are additionally charged with one count of aggravated identity theft, and Alicea and Johan Lake-Rodriguez are charged with possession of stolen mail.
According to the complaint:
The defendants stole checks from USPS mail collection boxes in Passaic, Bergen, Morris, Essex, and Middlesex counties, and elsewhere, and fraudulently deposited them into various bank accounts, often within a day of being stolen. Some defendants broke into mail collection boxes using pry bars, usually late at night. Law enforcement officers have identified at least $300,000 worth of stolen checks that were deposited into the bank accounts.
Four of the defendants were arrested this morning and made their initial appearance today before U.S. Magistrate Court Judge Joseph Dickson in Newark federal court. Johan Lake-Rodriguez is in state custody and will make his initial appearance later this week. Jefersson Quezada remains at large.
The conspiracy and bank fraud charges each carry a maximum penalty of 30 years in prison and a $1 million fine. The aggravated identity theft charge carries a penalty of a mandatory term of two years in prison, to be served consecutively to any other sentence imposed.
U.S. Attorney Craig Carpenito credited postal inspectors of the U.S. Postal Inspection Service, Newark Division, under the direction of Inspector-in-Charge James Buthorn, with the investigation leading to today’s arrests and charges. He also thanked the U.S. Secret Service and U.S. Marshals Service for their assistance with the investigation.
The government is represented by Assistant U.S. Attorney Andrew Macurdy of the U.S. Attorney’s Office Criminal Division in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Revere Man Pleads Guilty to Child Pornography ChargeRead the Press Release
BOSTON – A Revere man pleaded guilty today in federal court in Boston to possessing child pornography.
Ian Silver-Eck, 22, pleaded guilty to one count of possession of child pornography. U.S. District Court Judge George A. O’Toole Jr. scheduled sentencing for Jan. 17, 2019. In August 2017, Silver-Eck was charged by criminal complaint and arrested. He has been in federal custody since that time.
Undercover agents using Kik Messenger, a text messaging app, exchanged text messages with Silver-Eck about sexual experiences with children. Throughout their text conversations, Silver-Eck solicited images and video of the agent sexually abusing his fictitious children and Silver-Eck sent sexually explicit pictures of prepubescent boys, one of whom appeared to be as young as six-years-old, to the undercover agent.
When law enforcement officers executed a federal search warrant at Silver-Eck’s home in Revere, they found various images and videos on Silver-Eck’s phone depicting the sexual abuse of children. At the time of his arrest, Silver-Eck was serving a sentence of five years of probation following a March 2017 state court conviction for possessing child pornography.
The charge of possession of child pornography provides for a sentence of no greater than 20 years in prison, a minimum of five years and up to a lifetime supervised release, and a fine of $250,000. Due to his prior conviction, Silver-Eck faces a mandatory minimum sentence of 10 years in prison. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Valuable assistance was provided by the Boston, Arlington, Newton, and Revere Police Departments. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Recent Prosecutions of Firearm and Gang-Related Offenses in Fresno Area 9-24-18Read the Press Release
FRESNO, Calif. — As part the U.S. Attorney’s Office for the Eastern District of California’s strategy to reduce violent crime, U.S. Attorney McGregor W. Scott announced the following cases involving illegal firearms and gang-related offenses.
On Monday U.S. District Judge Dale A. Drozd sentenced Darrell Maxey, 22, to 10 years in prison and Anthony Windfield, 33, to seven years and three months in prison for conspiring to murder a rival gang member. According to court documents, Maxey and Windfield were members or associates of the Dog Pound Gang (DPG). Windfield also was sentenced to a concurrent term of prison for conspiracy to commit credit card fraud and ordered to pay over $25,000 in restitution. This case is the product of an investigation by the California DOJ’s Bureau of Investigation Special Operations Unit, the Fresno Police Department, and the FBI. Assistant U.S. Attorneys Kimberly Sanchez, Jeffrey Spivak and Christopher Baker are prosecuting the case.
Randy Seja, 26, of Fresno, was sentenced Monday by Judge Drozd to 10 years in prison for conspiracy to distribute and possess with intent to distribute methamphetamine. Christopher Martinez Jr. 25, of Fresno, pleaded guilty to conspiring to distribute methamphetamine According to court documents Seja and Martinez were members of the Bulldog criminal street gang and ranking members of the associated Malos Hechos Motorcycle gang. Martinez is scheduled to be sentenced on December 10, 2018. This case is the product of an investigation by ATF, DEA, Homeland Security Investigations (HSI), FBI, the U.S. Marshals Service, the Fresno Police Department, the Fresno County Sheriff’s Office, the Mult-Agency Gang Enforcement Consortium (MAGEC), the California Highway Patrol, the California Department of Corrections and Rehabilitation- Division of Adult Parole, the Fresno County Probation, and the Fresno County District Attorney’s Office. Assistant U.S. Attorneys Melanie L. Alsworth and Kimberly A. Sanchez are prosecuting the case.
Kwesi Jamar Coker, 26, of Fresno, was sentenced Monday by Chief U.S. District Judge Lawrence J. O’Neill to four years and two months in prison for being a felon in possession of a firearm. According to court documents, on October 5, 2016, Coker was arrested after a car chase by law enforcement officers. A firearm was found in the car with the fingerprints of Coker and co-defendant Bryan Washington on it. Both have prior felony convictions and are prohibited from possessing a firearm. This case was the product of an investigation by ATF and the Fresno Police Department. Assistant U.S. Attorney Kimberly A. Sanchez prosecuted the case.
Robert James Guthrie, 23, of Atwater, pleaded guilty Monday to conspiracy to distribute and possess with intent to distribute methamphetamine and conspiracy to engage in the business of selling firearms without a license. According to court documents, Guthrie was a member of the A-town Locs. Between January 13 and May 10, 2017, he engaged in 13 transactions in which he sold 26 firearms, a silencer, over 1.3 kilograms of methamphetamine, and 44 grams of cocaine. Agents seized a pound of methamphetamine from his residence. Guthrie is scheduled to be sentenced by Judge O’Neill on December 10, 2018. This case is the product of an investigation by the FBI, ATF, HSI, the Merced Area Gang and Narcotic Enforcement Team (MAGNET), and the California DOJ California Highway Patrol Special Operations Unit. Assistant U.S. Attorneys Kimberly A. Sanchez and Ross Pearson are prosecuting the case.
Terry McGruder, 30, of Fresno, pleaded guilty Monday to being a felon in possession of a firearm. According to court documents, on January 3, 2017, McGruder possessed a firearm that he threw onto the roof of a hotel as he was running from police. He was prohibited from possessing a fire arm because of his prior felony convictions. McGruder is scheduled to be sentenced by Judge Drozd on December 17, 2018. This case was the product of an investigation by the Fresno County Sheriff’s Office and the FBI. Assistant U.S. Attorney Kimberly A. Sanchez is prosecuting the case.
Daniel Casares, 35, of Fresno, pleaded guilty Monday to being a felon in possession of a firearm. According to court documents, on April 13, 2017, Casares was in possession of a firearm. As a previously convicted felon, he is prohibited from possessing a firearm. He is scheduled to be sentenced by Judge O’Neill on December 17, 2018. This case is the product of an investigation by the Fresno County Sheriff’s Office and Homeland Security Investigations. Assistant U.S. Attorney Kimberly A. Sanchez is prosecuting the case.
Dionne Singleton, 41, of Fresno, pleaded guilty Monday to being a felon in possession of a firearm, possession of a firearm in a school zone, and distribution of crack cocaine. On October 10, 2016, Singleton possessed a handgun as well as a 30-round magazine loaded with 28 rounds of ammunition less than 500 feet from a school zone. Singleton has prior felony convictions for infliction of corporal injury on a spouse or cohabitant and shooting at an inhabited dwelling, and is prohibited from possessing a firearm. He is scheduled to be sentenced by Judge Drozd on December 10, 2018. This case is the product of an investigation by ATF, the FBI, the Fresno Police Department, MAGEC, the California Department of Corrections and Rehabilitation, the Fresno County District Attorney’s Office, and the California DOJ California Highway Patrol Special Operations Unit. Assistant U.S. Attorney Kimberly A. Sanchez is prosecuting the case.
The Organized Crime Drug Enforcement Task Force (OCDETF) was involved in the investigation of many of these cases. The OCDETF program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
These cases are 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.
Rapper Tommie Walker a/k/a “Columbia BT” charged with trafficking cocaineRead the Press Release
ATLANTA - Tommie L. Walker, a/k/a Columbia BT, and Juan Carlos Garcia-Martinez, a/k/a Carlos Garcia were arraigned before U.S. Magistrate Judge Linda T. Walker on September 21, 2018 on federal charges of drug trafficking and possession with intent to distribute cocaine. Walker, Garcia-Martinez, and Samuel Anchondo-Galaviz were indicted by a federal grand jury on September 12, 2018.
“These defendants were allegedly part of a multi-state drug distribution scheme that transported and distributed cocaine worth approximately $4 million,” said U.S. Attorney Byung J. “BJay” Pak. “Thanks to the work of law enforcement in Georgia, South Carolina and Colorado, this drug enterprise is now history.”
“This investigation is an excellent example of the working relationships that the Drug Enforcement Administration (DEA) and the Atlanta-Carolinas High Intensity Drug Trafficking Area (HIDTA) have with their law enforcement partners,” said Robert J. Murphy, Special Agent in Charge of the Atlanta DEA Field Division. “The defendants were transporting large quantities of drugs throughout our neighborhoods, and the dismantlement of this criminal organization will have a positive local impact and sends a clear message that we will not tolerate illegal drug trafficking in our communities.”
According to U.S. Attorney Pak, the charges, and other information presented in court: Agents of the Atlanta-Carolina High Intensity Drug Trafficking Area program began their investigation in August 2017 in conjunction with Drug Enforcement Administration agents in South Carolina and Colorado. Walker, who raps under the name “Columbia BT,” allegedly participated in a cocaine trafficking conspiracy that extended to Colorado, South Carolina, and Mexico.
Walker allegedly operated a warehouse in the Atlanta area where he received shipments of cocaine hidden in tractor-trailers. The shipments were sent by a co-conspirator in Colorado. Walker allegedly would then distribute the drugs to individuals from South Georgia and South Carolina. Garcia-Martinez is an alleged co-conspirator who facilitated some of Walker’s drug transactions.
Law enforcement officers seized more than 135 kilograms of cocaine from the organization, a quantity worth more than $4 million at current wholesale prices in Atlanta. Law enforcement also seized more than $220,000 in drug proceeds.
October 9, 2017, a tractor-trailer containing approximately 40 kilograms of cocaine, which was driven by Anchondo-Galaviz, was stopped on the way to Walker’s warehouse. Other seizures charged in the indictment took place on December 3, 2017 and February 21, 2018. Walker allegedly used his illegal drug proceeds to finance a lavish lifestyle that he displayed in his rap videos. Some of the property seized from the alleged drug proceeds included a 2016 Rolls-Royce Dawn and a 2013 Bentley Mulsanne.
Tommie L. Walker, a/k/a Columbia BT, 42, of Kennesaw, Georgia is charged with conspiracy to possess with intent to distribute cocaine and three counts of possession with intent to distribute cocaine.
Juan Carlos Garcia-Martinez, a/k/a Carlos Garcia, 37, of Forest Park, Georgia, and Samuel Anchondo-Galaviz, 40, of New Mexico are each charged with conspiracy to possess with intent to distribute cocaine and one count of possession with intent to distribute cocaine. Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Drug Enforcement Administration, the Atlanta-Carolina High Intensity Drug Trafficking Area, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Georgia State Patrol, the Clayton County Sheriff’s Office, the Marietta Police Department, and the Colorado Attorney General’s Office.
Special Assistant U.S. Attorneys Nicholas N. Joy and Erin Harris and Assistant U.S. Attorney Michael Brown are prosecuting the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Project Huntington Update: Another Operation Saigon Sunset Defendant Pleads Guilty to Federal Drug ConspiracyRead the Press Release
HUNTINGTON, W.Va. – Another defendant netted in Operation Saigon Sunset pled guilty today to a federal drug conspiracy charge, announced United States Attorney Mike Stuart. Malcomb Simmons, of Huntington, also known as “Mac,” 45, entered his guilty plea to an indictment charging him with conspiracy to distribute heroin and fentanyl. Stuart praised the joint investigation conducted by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West.
“To date, Simmons is the 13th of 15 defendants that have pled guilty to a federal indictment as a result of Operation Saigon Sunset,” said United States Attorney Mike Stuart. “Heroin and fentanyl are deadly drugs that have caused tragic deaths of so many of Huntington’s residents. Project Huntington has certainly achieved great results, but our work is not done until every death causing drug dealer is eradicated from Huntington and other cities throughout the Southern District of West Virginia.”
Simmons admitted that he conspired with Manget Peterson, also known as “Money,” to distribute heroin and fentanyl in Huntington, West Virginia. Simmons admitted that he supplied “Money” with heroin and fentanyl for “Money” to add to his heroin to sell in Huntington.
Simmons faces up to 20 years in federal prison when he is sentenced on January 14, 2019.
The plea hearing was held before United States District Judge Robert C. Chambers. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
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Postal Service Contract Carrier Sentenced for Theft of Government MoneyRead the Press Release
DENVER – Jimmie Dean Korf, age 49, of Weldona, Colorado, was sentenced late last week by Chief U.S. District Court Judge Marcia S. Krieger for theft of $92,579 as a Postal Service Highway Contract supplier in Morgan County, according to U.S. Attorney Bob Troyer and U.S. Postal Service Office of the Inspector General Acting Special Agent in Charge Steven Stuller.
Chief Judge Krieger ordered Korf to serve 12 months’ probation, requiring him to report to jail every weekend and every holiday. The defendant was indicted on September 27, 2017. He pled guilty on June 13, 2018, and was sentenced on September 20, 2018.
According to the stipulated facts contained in the plea agreement, the Postal Service contracts for over-the-road mail transportation. Korf was a Postal Service Highway Contract supplier, but not a Postal Service employee. He was required to certify the time he was on the road transporting the mail. Between June 2013 and November 2014, Korf illegally received $92,579 from the U.S. Postal Service by forging supervisory signatures on forms to pay him for services he did not provide.
The investigation into the payments began in February 2015 after an employee at the Fort Morgan Post Office alleged her signature had been forged. She looked at copies of the forms and noted that the signature on each form was not hers. She then reported the forgery to the U.S. Postal Service Office of the Inspector General. It was determined that Korf forged the signatures. A subsequent review of the Postal Service’s payment records revealed that the defendant claimed 237 extra trips totaling 53,360 miles. Postal Service documents only support 10 trips totaling 1,584 miles.
“The Postal Service Office of the Inspector General has a long history of doing superlative investigative work to ensure public trust,” said U.S. Attorney Bob Troyer. “Our office is always happy to be on their team.”
“We are gratified to have contributed to this investigation and applaud the exceptional work by the United States Attorney’s Office for both protecting the contracting process and overall program costs,” said Steven Stuller, Acting Special Agent in Charge, U.S. Postal Service Office of Inspector General. “Along with our law enforcement partners, the USPS OIG will continue to aggressively investigate those who would engage in fraudulent activities designed to defraud the Postal Service.”
This case was investigated by the U.S. Postal Service Office of the Inspector General. The defendant was prosecuted by Assistant U.S. Attorney Jason St. Julien.
Physician Charged with Illegally Distributing Controlled Substances for Internet Pharmacies and with Tax FraudRead the Press Release
PHILADELPHIA, PA – United States Attorney William M. McSwain announced that Dr. Charles Garo Avetian, 55, of Newtown Square, Pennsylvania, a physician licensed in Pennsylvania, was charged today by Information with illegally distributing controlled substances and submitting false individual income tax returns.
The Information charges that Avetian, while working for entities that sold controlled prescription drugs via the Internet, issued invalid prescriptions for Fioricet, which contains butalbital, a barbiturate and Schedule III controlled substance, based solely upon his review of online questionnaires completed by the customers of the websites that employed him. The defendant is also charged with failing to report approximately $363,830 of gross receipts earned during the tax years 2012 through 2014 on his federal income tax returns.
If convicted, the defendant faces a maximum possible sentence of 139 years’ imprisonment, a three-year period of supervised release, a $7,250,000 million fine, and a $1,600 special assessment.
“The conduct alleged to have occurred in this case is drug dealing – plain and simple. Although the defendant’s chosen venue was the Internet rather than a street corner, the practical effect is the same and the impact to the community is just as bad,” said U.S. Attorney McSwain. “The consequences should similarly reflect the severity of this behavior and the alleged tax fraud.”
“There are thousands of websites that claim to be online pharmacies offering controlled substance medications without a valid prescription and from an unregulated supply chain, which pose a serious risk to public health,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration's Philadelphia Field Division. “Dr. Avetian is accused of prescribing controlled substance medications outside of the usual course of medical practice and without a legitimate medical purpose, which are violations of federal law.”
“No matter what the source of income, all income is taxable. Each of us is responsible for filing correct and accurate tax returns,” said IRS Criminal Investigation Special Agent in Charge Guy Ficco. “We will vigorously investigate those individuals who knowingly and willfully evade their tax obligation.”
The case was investigated by the Drug Enforcement Administration, the Food and Drug Administration, and the Internal Revenue Service, Criminal Investigation, and is being prosecuted by Assistant United States Attorney Frank R. Costello, Jr.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Owner of Queens Pharmacies Charged in Scheme to Defraud Medicare and MedicaidRead the Press Release
Aleah Mohammed, the owner of four pharmacies in Queens, New York, will be arraigned today in federal court in Brooklyn on an indictment charging her with submitting millions of dollars in claims as part of a scheme to defraud Medicare and Medicaid. The proceeding will take place before United States Magistrate Judge Steven L. Tiscione at 11:00 a.m.
Richard P. Donoghue, United States Attorney for the Eastern District of New York; Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division; William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); and Scott J. Lampert, Special Agent-in-Charge, the U.S. Department of Health and Human Services, Office of Inspector General, Office of Investigations, New York Region (HHS-OIG), announced the indictment.
“As alleged in the indictment, Mohammed used her pharmacies to steal from publicly funded health care programs and fund her lavish lifestyle,” stated United States Attorney Donoghue. “This Office and our law enforcement partners are committed to holding accountable fraudsters who seek to enrich themselves at the expense of vital taxpayer-funded programs upon which so many Americans rely.”
“According to the allegations in the indictment announced today, Aleah Mohammed defrauded the taxpayer-funded Medicare and Medicaid programs by submitting millions of dollars of phony reimbursement claims, and then used the stolen money to purchase luxury items such as cars and jewelry,” stated Assistant Attorney General Benczkowski. “This case is another example of the outstanding work of the Department’s Medicare Fraud Strike Forces, which are focused on safeguarding federally funded health care programs and vigorously prosecuting those who seek to defraud them.”
“These investigations matter because the subjects are stealing money each and every one of us pays in taxes to fund these programs,” stated FBI Assistant Director-in-Charge Sweeney. “What adds insult to injury, defrauding the government and stealing money is rarely about anything more than spending money on frivolous things like pricy jewelry and fast cars. Our ultimate goal is to stop these fraudsters from wasting the millions they steal so it can go to the patients and taxpayers who depend on it.”
“Ms. Mohammed’s alleged fraud scheme was motivated by nothing more than personal greed,” stated HHS-OIG Special Agent-in-Charge Lampert. “This indictment should serve as a warning to any health care provider daring to use Medicare and Medicaid as a vehicle to steal money. We will continue to work with our law enforcement partners to aggressively pursue those who seek to undermine taxpayer-funded health care programs intended for our most vulnerable Americans.”As alleged in the indictment, Aleah Mohammed, also known as “Aleah Haniff,” was the owner and operator of Superdrugs Inc., Superdrugs I Inc., Superdrugs II Inc. and S&A Superdrugs II Inc. Beginning in approximately May 2015 and continuing through June 2018, Mohammed executed a scheme in which she and others submitted fraudulent claims to Medicare Part D plans and Medicaid for reimbursement for prescription drugs that were not dispensed, prescribed as claimed or medically necessary. The fraudulent claims included claims for prescription drugs for the treatment of the human immunodeficiency virus (HIV). Through this scheme, Mohammed’s pharmacies received approximately $7.9 million in reimbursements from Medicare and Medicaid. The indictment further alleges that Mohammed used the proceeds of the scheme to purchase, among other things, luxury items including a Porsche and jewelry.
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
If convicted of health care fraud, Mohammed faces a maximum sentence of 10 years’ imprisonment.
The FBI and HHS-OIG investigated the case, which was brought as part of the Medicare Fraud Strike Force under the supervision by the U.S. Attorney’s Office for the Eastern District of New York and the Criminal Division’s Fraud Section. Trial Attorney Andrew Estes of the Fraud Section is in charge of the prosecution.
The Defendant:
ALEAH MOHAMMED (also known as “Aleah Haniff”)
Age: 33
Residence: Queens, New YorkE.D.N.Y. Docket No. 18-CR-509 (ENV)
Owner of New York City Pharmacies Charged in Scheme to Defraud Medicare and MedicaidRead the Press Release
The owner of four pharmacies in Queens, New York, will be arraigned later today in federal court in Brooklyn on an indictment charging her with submitting millions of dollars in claims as part of a scheme to defraud Medicare and Medicaid. The proceeding will take place before U.S. Magistrate Judge Steven L. Tiscione at 11:00 a.m.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Richard P. Donoghue for the Eastern District of New York, Assistant Director in Charge William F. Sweeney Jr. of the FBI New York Field Office and Special Agent in Charge Scott J. Lampert of U.S. Department of Health and Human Services Office of Inspector General New York Region (HHS-OIG), announced the indictment.
As alleged in the indictment, Aleah Mohammed, aka “Aleah Haniff,” 33, of Queens, New York, was the owner and operator of Superdrugs Inc., Superdrugs I Inc., Superdrugs II Inc. and S&A Superdrugs II Inc. Beginning in approximately May 2015 and continuing through June 2018, Mohammed executed a scheme in which she and others submitted fraudulent claims to Medicare Part D plans and Medicaid for reimbursement for prescription drugs that were not dispensed, prescribed as claimed, or medically necessary. The allegedly fraudulent claims included claims for prescription drugs for the treatment of the human immunodeficiency virus (HIV). From approximately May 2015 through January 2018, Mohammed’s pharmacies received approximately $7.9 million in reimbursements from Medicare and Medicaid. The indictment further alleges that Mohammed used the proceeds of the scheme, among other things, to purchase luxury items such as a Porsche and jewelry. Mohammed was previously arrested on a complaint in July 2018.
“According to the allegations in the indictment announced today, Aleah Mohammed defrauded the taxpayer-funded Medicare and Medicaid programs by submitting millions of dollars of phony reimbursement claims, and then used the stolen money to purchase luxury items such as cars and jewelry,” said Assistant Attorney General Benczkowski. “This case is another example of the outstanding work of the Department’s Medicare Fraud Strike Forces, which are focused on safeguarding federally funded health care programs and vigorously prosecuting those who seek to defraud them.”
“As alleged in the indictment, Mohammed used her pharmacies to steal from publicly funded health care programs and fund her lavish lifestyle,” said U.S. Attorney Donoghue. “This Office and our law enforcement partners are committed to holding accountable fraudsters who seek to enrich themselves at the expense of vital taxpayer-funded programs upon which so many Americans rely.”
“These investigations matter because the subjects are stealing money each and every one of us pays in taxes to fund these programs,” said FBI Assistant Director-in-Charge Sweeney. “What adds insult to injury, defrauding the government and stealing money is rarely about anything more than spending money on frivolous things like pricy jewelry and fast cars. Our ultimate goal is to stop these fraudsters from wasting the millions they steal so it can go to the patients and taxpayers who depend on it.”
“Ms. Mohammed’s alleged fraud scheme was motivated by nothing more than personal greed,” stated HHS-OIG Special Agent-in-Charge Lampert. “This indictment should serve as a warning to any health care provider daring to use Medicare and Medicaid as a vehicle to steal money. We will continue to work with our law enforcement partners to aggressively pursue those who seek to undermine taxpayer-funded health care programs intended for our most vulnerable Americans.”
The charges in the indictment are allegations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The FBI and HHS-OIG investigated the case, which was brought as part of the Medicare Fraud Strike Force, under the supervision by the Criminal Division’s Fraud Section and U.S. Attorney’s Office for the Eastern District of New York. Trial Attorney Andrew Estes of the Fraud Section is in charge of the prosecution.
The Criminal Division’s Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in 12 cities across the country, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.
Organized Crime Member Pleads Guilty to Attempted Murder of WitnessRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that JOSEPH DATELLO pled guilty today before United States District Judge Cathy Seibel to numerous acts of racketeering, including attempting to kill a witness against him. In May 2017, DATELLO and 18 other members and associates of the Luchese Family of La Cosa Nostra were arrested and charged in a nine-count Indictment. Since the unsealing of the Indictment, DATELLO and 12 other defendants have pled guilty, and have been or will be sentenced by Judge Seibel.
U.S. Attorney Geoffrey S. Berman said: “Witness safety is paramount to ensuring the prosecution of criminal organizations. Thanks to the FBI’s Joint Organized Crime Task Force, who uncovered Datello’s crimes without risking the security of the witness, Datello now faces life in prison for threatening a federal witness.”
According to the plea agreement DATELLO signed as part of his guilty plea, his statements when pleading guilty, the allegations in the Indictment, and statements made in related court filings and proceedings:
In 2002, an individual (the “Witness”) who had been working with DATELLO and Steven L. Crea, a leader in the Luchese Family, provided information to state and federal authorities concerning DATELLO’s and Crea’s participation in racketeering activity. That information, and other evidence, led to the successful prosecution of DATELLO, Crea, and others. In October 2016, DATELLO learned information that he thought revealed the Witness’s current whereabouts. DATELLO travelled to what he believed was the Witness’s address and waited there, trying to find the Witness. Had DATELLO found the Witness, he intended, with the blessing of Crea, to kill the Witness.
Crea is also charged with attempting to have the Witness killed, and other crimes, and is scheduled to begin trial before Judge Seibel in 2019.
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DATELLO, 67, of Staten Island, New York, pled guilty to one count of conspiracy to commit racketeering, and as part of that plea admitted racketeering acts including the attempted murder of the Witness, narcotics trafficking, and collecting debts through the threat of violence. These crimes carry a maximum sentence of life in prison. DATELLO will be sentenced before Judge Seibel.
The allegations contained in the Indictment as to Crea and the other defendants who have not pled guilty are merely accusations, and these defendants are presumed innocent unless and until proven guilty.
Mr. Berman praised the outstanding investigative work of the FBI’s Joint Organized Crime Task Force, which comprises agents and detectives of the FBI, NYPD, Homeland Security Investigations, and the Waterfront Commission of New York Harbor.
The case is being handled by the Office’s White Plains Division. Assistant United States Attorneys Scott Hartman, Hagan Scotten, and Jacqueline Kelly are in charge of the prosecution.
Newly-Released FBI Crime Data Shows Violent Crime Decline in 2017Read the Press Release
The Federal Bureau of Investigation today released the 2017 edition of its Crime in the United States (CIUS) report, a part of the FBI’s Uniform Crime Reports (UCR). The report, which covers January-December 2017, reflects that after two consecutive, historic increases in violent crime, in the first year of the Trump Administration the nationwide violent crime rate began to decline. The report estimates that the nationwide violent crime rate decreased by approximately one percent in 2017, while the nationwide homicide rate decreased by nearly one and a half percent.
“After historic increases in violent crime in 2015 and 2016, we are beginning to see encouraging signs,” Attorney General Jeff Sessions said. “But our work is not done. While we have made progress, violent crime and drug trafficking continue to plague our communities and destroy the lives of innocent, law-abiding Americans. Under the Trump administration, the Department of Justice has restored common sense criminal charging and sentencing policies, surged resources to jurisdictions facing some of the highest levels of violence and drug abuse, targeted enforcement efforts against the most violent offenders, and developed innovative approaches to address pervasive crime problems. And we are continuing our steadfast commitment to work with our state, local, and tribal partners across the country to confront the lawlessness, deter violent crime, dismantle criminal organizations and gangs, eradicate the scourge of drug trafficking, and restore the rule of law. The American people deserve no less.”
The report released today also adjusts and corrects numbers for 2016, showing that the nationwide homicide rate actually increased by 8.8 percent (as opposed to 7.9 percent, as previously reported) in 2016. In 2017, the rate of rapes increased by 2.2 percent, while the aggravated assault rate increased by 0.3 percent and the robbery rate decreased by 4.7 percent. Aggravated assaults were 65 percent of violent crimes reported to law enforcement in 2017, while robberies and rapes were 25.6 percent and 8 percent, respectively. Murder accounted for 1.4 percent of violent crimes reported to law enforcement in 2017.
For the full report click here.New York Stock Trader Admits Paying Bribes to Broker in Exchange for StockRead the Press Release
TRENTON, N.J. - A New York stock trader today admitted making bribe payments to a broker at an investment banking firm in exchange for stock allocations, U.S. Attorney Craig Carpenito announced.
Adam Rentzer, 52, of Roslyn, New York, pleaded guilty before U.S. District Judge Michael A. Shipp in Trenton federal court to an information charging him with one count of violating the Travel Act by engaging in a commercial bribery scheme.
According to documents filed in this case and statements made in court:
Rentzer was a trader who purchased and sold securities in initial and secondary public stock offerings, including offerings marketed by two investment banking firms in New York (“Firm A” and “Firm B”). Brian M. Hirsch was an employee of Firm A and later Firm B, and was responsible for allocating initial and secondary public stock offerings to clients.
Between mid-2013 and January 2017, Rentzer and others paid cash kickbacks to Hirsch in exchange for Hirsch providing favorable allocations from public stock offerings marketed by Firms A and B. The kickback payments were based on an agreed-upon percentage of the profits that Rentzer realized from his subsequent sales of stocks that he purchased in the stock offerings. Hirsch did not disclose any of these payments to Firms A and B and took steps to conceal his corrupt arrangement with Rentzer and others. In accepting the payments, Hirsch knowingly violated various policies and procedures of Firms A and B, including policies governing stock allocations and conflicts of interest. Rentzer paid Hirsch a total of $150,000 to $250,000.
Rentzer faces a maximum potential penalty of five years in prison and a fine of $250,000. Sentencing is scheduled for Jan. 11, 2019.
On Dec. 19, 2017, Hirsch pleaded guilty to one count of violating the Travel Act in connection with the scheme. He is scheduled to be sentenced on Nov. 18, 2018.
In a separate civil action, the U.S. Securities and Exchange Commission (SEC) today filed a complaint against Rentzer in Trenton federal court.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, for the investigation leading to today’s guilty plea. He also thanked the U.S. Securities and Exchange Commission’s New York Regional Office under the direction of Regional Director Marc P. Berger for its assistance in the investigation.
The government is represented by Assistant U.S. Attorney Nicholas P. Grippo of the Economic Crimes Unit.
Defense counsel: John F. Carman Esq., Garden City, New York
New York Man Sentenced to 10 Years for Conspiring to Distribute Heroin, Fentanyl and CrackRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Denton Worrell, a/k/a “Lil D,” 21, of Rochester, New York, was sentenced today in U.S. District Court by Senior Judge John A. Woodcock, Jr. to 10 years in prison and three years of supervised release for conspiring to distribute heroin, fentanyl and cocaine base, commonly known as “crack.” The defendant pleaded guilty on May 8.
According to court records, between June 2015 and March 2017, Worrell conspired with others to acquire heroin, fentanyl and crack in Rochester and transport it to Central Maine for distribution. The defendant managed the operation and oversaw the distribution of drugs from 12 to 15 “trap houses” in Central Maine.
In imposing the sentence, Judge Woodcock noted that the defendant was a manager of a “very sophisticated” drug distribution operation based in Rochester and operating in Central Maine.
The case was investigated by the U.S. Drug Enforcement Administration, the Maine Drug Enforcement Agency, and the Kennebec County Sheriff’s Department, with assistance provided by the Augusta Police Department, and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
New Orleans Man Indicted for Arson and Federal Firearms ViolationsRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that ARCHIE MORRIS, age 40, of New Orleans, was charged Friday, September 21, 2018 with arson, possession of unregistered destructive devices, and possession of a destructive device during and in relation to a crime of violence.
According to the indictment, on or about April 2, 2018 MORRIS started fires at 2260 North Prieur Street, New Orleans, Louisiana, at two different times of the day. These fires were started using Molotov cocktails, in violation of Title 18, United States Code, Sections 844(i), 924(c)(1)(A), and 924(c)(1)(B)(ii); and Title 26, United States Code, Sections 5841 and 5861(d). The indictment further alleges that, on or about April 7, 2018, MORRIS started three additional fires at 2260 North Prieur Street, New Orleans, Louisiana, at different times of the day, in violation of Title 18, United States Code, Section 844(i).
U. S. Attorney Strasser reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
If convicted, MORRIS faces, as to Counts One, Three, Six, Seven and Eight of the Indictment, a minimum term of imprisonment of five years and a maximum of twenty years, a fine of $250,000, three years of supervised release after imprisonment, and a $100 special assessment, per count. As to Counts Two and Four of the Indictment, the defendant faces a maximum term of imprisonment of ten years, a fine of $10,000, three years of supervised release after imprisonment, and a $100 special assessment, per count. As to Count Five, the defendant faces a minimum term of imprisonment of thirty years and a maximum term of life, a fine of $250,000, five years supervised release after imprisonment, and a $100 special assessment.
U. S. Attorney Strasser praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New Orleans Fire Department, and the New Orleans Police Department in investigating this matter. The case is being prosecuted by Assistant United States Attorney Maria M. Carboni.
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New Hampshire Man Sentenced to Three Years of Probation for Social Security FraudRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that James Robinson, 60, of Concord, New Hampshire, was sentenced today in U.S. District Court by Senior Judge George Z. Singal to three years of probation for Social Security fraud. Robinson was also ordered to pay $45,473 in restitution to the Social Security Administration (SSA). As a condition of probation, Robinson is required to sell property that he owns in Cornish, Maine, with the proceeds to go toward restitution. On March 27, Robinson was found guilty following a two-day jury trial.
Evidence at trial revealed that Robinson received Supplemental Security Income (SSI) benefits, which are paid to people with limited income who are blind, disabled or elderly. Between 2008 and 2013, Robinson falsely represented to the SSA that he was living alone in Cornish, and was not receiving help or money from any person. In fact, he was living in Concord with his wife who was providing him with financial assistance. Had Robinson been truthful, he would have been ineligible for SSI benefits. In 2015, Robinson also gave false statements to an SSA Special Agent investigating the matter.
The investigation was conducted by the SSA, Office of the Inspector General, and the Maine Department of Health & Human Services, Fraud Investigation & Recovery Unit.
Navajo Man from Socorro County Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Zane Vicente, 26, an enrolled member of the Navajo Nation who resides in Magdalena, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge. Vicente’s plea agreement recommends that he be sentenced within the range of 24 to 30 months in prison followed by a term of supervised release to be determined by the court.
Vicente was arrested on Sept. 29, 2017, on a criminal complaint charging him with stabbing a Navajo man with a knife. Vicente subsequently was indicted on Oct. 24, 2017, and was charged with assault resulting in serious bodily injury on July 29, 2017, on the Navajo Indian Reservation in Socorro County, N.M.
During today’s proceedings, Vicente pled guilty to the indictment, and admitted that on July 29, 2017, he stabbed the victim in the torso with a knife. Vicente acknowledged that the victim underwent surgery to repair a hernia to his diaphragm and other injuries caused by the stab wound he inflicted.
Vicente has been in custody since Jan. 2018, and will remain detained pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Michael D. Murphy.
Mission Man Sentenced for Firearm ChargeRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on September 17, 2018, by U.S. District Judge Roberto A. Lange.
Carlos Eddie Charging Elk, age 26, was sentenced to 16 months in federal prison, followed by 3 years of supervised release, forfeiture of the firearm, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Charging Elk was indicted by a federal grand jury on February 14, 2018. He pled guilty on June 27, 2018.
The conviction stemmed from an incident that occurred on December 19, 2017, when the Rosebud Sioux Tribe Law Enforcement Services responded to a report of an individual in Mission, acting erratically and holding a firearm. Charging Elk had previously been convicted of a crime punishable by imprisonment for a term exceeding one year, making it illegal for him to possess firearms.
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.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Charging Elk was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Charged with Aggravated Sexual Abuse of a ChildRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child, Sexual Abuse, and Abusive Sexual Contact with a Child.
Elliot Brave, a/k/a Elliot Ladeaux, age 38, was indicted on September 11, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 18, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, 5 years up to life of supervised release, and $100 to the Federal Crime Victims Fund for each count. Restitution may also be ordered.
The Indictment alleges that between December 1, 2017, and January 14, 2018, Brave knowingly engaged in, and attempted to engage in, sexual acts with a minor male and multiple minor females.
The charges are merely accusations and Brave is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Brave was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mexican National Charged with Murder Aboard Fishing Vessel 55 Miles off Massachusetts CoastRead the Press Release
BOSTON – A Mexican national was arrested and charged today in federal court in Boston in connection with the murder of an individual aboard a fishing vessel off the coast of Massachusetts.
Franklin Freddy Meave Vazquez, 27, was charged with one count of murder within the special maritime and territorial jurisdiction of the United States, and one count of attempted murder within the special maritime and territorial jurisdiction of the United States. He will appear in federal court in Boston at a time to be determined.
According to the charging document, on Sept. 23, 2018, the fishing vessel, Captain Billy Haver, was sailing approximately 55 miles off the coast of Massachusetts with seven crew members aboard, including Vazquez. It is alleged that at some point in the afternoon, Vazquez assaulted another crew member on board with a hammer in one hand and a knife in the other. The victim then saw that another crewmember was lying on the deck bleeding. Vazquez then struck a third crew member. It is further alleged that Vazquez then climbed up the mast of the ship as the others onboard tried to capture him.
It is alleged that the captain of the ship placed a call on the distress channel, to which a German cruise ship, the Mein Schiff 6, responded. Two of the wounded were taken aboard the cruise ship, where one victim was pronounced dead by the ship’s doctor.
According to court documents, Vazquez is illegally present in the United States. On March 9, 2018, he was arrested in Newport News, Va., for abduction by force, intimidation, or deception, and released on bond.
The charge of murder provides for a sentence of up to life in prison, five years of supervised release, and a fine of $250,000. The charge of attempted murder provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000. Vazquez will be subject to deportation proceedings upon completion of any sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Richard D. Cox, Special Agent in Charge of the U.S Coast Guard Investigative Services Northeast Region; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Massachusetts Man Sentenced for Receiving Child PornographyRead the Press Release
United States Attorney Joe Kelly announced today that Michael Correia, 30, of New Bedford, Massachusetts, was sentenced in federal court in Omaha for receiving child pornography. Chief Judge Laurie Smith Camp sentenced Correia to 66 months of imprisonment. There is no parole in the federal system. After his release from prison, Correia will serve a five-year term of supervised release and will be required to register as a sex offender.
On August 10 and August 19, 2016 agents with the FBI Cyber Crimes Task Force noticed an IP address sharing child pornography associated with a building in which Correia was a tenant. They observed a file depicting an 8-year-old girl being sexually assaulted. A federal search warrant was served on Correia’s residence on February 23, 2017. A single video of child pornography was found on a device in the apartment. Other forensics determined that the device had been used to view other images and videos of child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Omaha FBI's Cyber Crime Task Force (CCTF).
Mason County Woman Pleads Guilty to Theft of Veterans BenefitsRead the Press Release
Defendant fraudulently spent over 34,000 dollars
HUNTINGTON, W.Va. – Brandi Moore entered a guilty plea to theft of federal benefits, announced United States Attorney Mike Stuart. Moore, 38, of Gallipolis Ferry, Mason County, West Virginia faces up to 10 years of incarceration, a 250,000 dollar fine, three years of supervised release and a 100 dollar special assessment when she is scheduled to be sentenced on January 22, 2019. She will also be required to pay restitution back to the United States Treasury. United States Attorney Mike Stuart praised the work of the United States Department of Veterans Affairs, Office of Inspector General and the Federal Bureau of Investigation.
“Despicable. Stealing veterans benefits,” United States Attorney Mike Stuart. “Our veterans have served our country honorably, made tremendous sacrifices and deserve every possible benefit. Those who steal veterans benefits must be prosecuted.”
Moore had a family member who was a United States Military Veteran. This veteran died on November 9, 2011. Moore did not report his death, and the veterans benefits continued to accrue in the designated bank account. Moore knew she was not entitled to receive or otherwise spend this family member’s money. From November 2011 through April 2013, Moore accessed the veteran’s bank account and began withdrawing money on 191 separate occasions. Primarily, Moore used an ATM card to make withdrawals, though she also admitted forging a name on at least one check constituting an endorsement. The total amount of loss to the United States Treasury was 34,393 dollars. On April 4, 2017, Moore gave a detailed statement to federal investigators admitting that she withdrew the veterans benefits using an ATM card and was not otherwise entitled to the money. She also admitted to the agents that she forged an endorsement on a check associated with the VA account.
Assistant United States Attorney Erik S. Goes and former Assistant United States Attorney Eric Bacaj handled the prosecution. Judge Robert C. Chambers presided over the hearing.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Maryland Man Pleads Guilty to Armed Carjacking in Morning Rush Hour in Northeast WashingtonRead the Press Release
WASHINGTON – Kevin Hammond, 26, of Suitland, Md., pled guilty today to charges stemming from an armed carjacking in the Ivy City neighborhood of Northeast Washington in which he pistol-whipped the victim so violently that the gun broke into two pieces. He then fled from police before being captured a short time later at a construction site.
The announcement was made by U.S. Attorney Jessie K. Liu, Special Agent in Charge Rob Cekada of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division, Peter Newsham, Chief of the Metropolitan Police Department (MPD), and Henry P. Stawinski III, Chief of the Prince George’s County, Md. Police Department.
Hammond pled guilty in the U.S. District Court of the District of Columbia to one count of federal carjacking, one count of the federal offense of brandishing a firearm during a crime of violence, and one count of the federal offense of interstate transportation of a stolen motor vehicle. He also pled guilty to assault with a dangerous weapon, and leaving the scene of an accident with personal injury, both District of Columbia offenses. Under federal sentencing guidelines, the charges carry an estimated 16 to 18 years in prison. Sentencing will be scheduled at a later date before the Honorable James E. Boasberg.
According to the government’s evidence, at about 6 a.m. on Monday, Aug. 14, 2017, Hammond brandished a firearm and stole a van from a handyman who was getting ready for work in New Carrollton, in Prince George’s County, Md. Hammond then drove the van into Washington, D.C. and to the Ivy City neighborhood of Northeast Washington.
The van was equipped with a GPS system, and officers with the Prince George’s County Police Department and MPD were able to track and locate the vehicle. At about 7 a.m., as officers tried to stop the stolen vehicle that Hammond was driving, he fled the van and ran, jumping over a fence and running down an alleyway. Hammond then encountered another man in the 1900 block of Fairview Street NE who was parking his car to go to work. Hammond brandished a firearm to carjack this man’s vehicle. After grabbing the keys, Hammond pistol-whipped the man, striking him repeatedly in the face and head with the firearm, until the gun broke into two pieces. He then drove the stolen car down New York Avenue NE in rush-hour traffic with the police in pursuit; finally, he crashed into another car and fled on foot. Hammond was apprehended a short distance away, hiding in a construction site near Fourth Street and New York Avenue NE. He has remained in custody since his arrest.
Hammond still faces charges in Prince George’s County, and he is presumed innocent of those charges until, and unless, proven guilty.
In announcing the plea, U.S. Attorney Liu, Special Agent in Charge Cekada, Chief Newsham, and Chief Stawinski commended the work of the detectives and patrol officers of the Metropolitan Police Department’s Fifth District, the officers of the Prince George’s County Police Department, the crime scene officers from the District of Columbia Department of Forensic Sciences, and agents and DNA lab personnel from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. They also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Monica Trigoso, Paralegal Specialist Jeannette Litz, Victim/Witness Advocate Yvonne Bryant, and Victim/Witness Services Coordinator Tonya Jones. Finally, they commended the work of Assistant U.S. Attorneys Dineen A. Baker and Anthony Scarpelli, who investigated and prosecuted the case.
Mail Carrier Charged with Accepting Bribes to Deliver Parcels Containing Drugs and Conspiring to Defraud the United StatesRead the Press Release
NEWARK, N.J. – A U.S. Postal Service (USPS) mail carrier was indicted today on charges that he accepted cash bribes in return for intercepting and delivering parcels containing illegal narcotics and conspiring to defraud the United States, U.S. Attorney Craig Carpenito announced.
Fred Rivers, 46, of Newark, was charged by indictment with receiving bribes as a public official and conspiracy to defraud the United States by interfering with and obstructing the lawful function of the USPS. Rivers will be arraigned at a later date.
According to documents filed in this case:
Rivers was a mail carrier at the USPS Springfield Station in Newark. From October 2016 through September 2017, Rivers accepted cash bribes from Glenn Blackstone, who received parcels containing illegal narcotics through the mail. While on duty, Rivers intercepted these parcels and personally delivered them to Blackstone at locations in Newark, not to the recipient address noted on the parcels. Rivers received cash payments of approximately $100 from Blackstone for each delivery.
Rivers began delivering the intercepted parcels to Blackstone in exchange for cash after another mail carrier, Leonard Gresham, asked Rivers to make the deliveries when Gresham was unavailable to do so.
Gresham pleaded guilty to his role in the scheme on Feb. 13, 2018. Blackstone pleaded guilty to his role in the scheme on April 17, 2018. They are both awaiting sentencing.
The bribery charge is punishable by a maximum potential penalty of 15 years in prison. The conspiracy charge carries a maximum potential penalty of five years in prison. Both charges carry a maximum fine of $250,000 or twice the gross gain from the offense.
U.S. Attorney Carpenito credited special agents with the USPS Office of Inspector General, under the direction of Special Agent in Charge Matthew Modafferi, Northeast Area Field Office, and inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge James Buthorn, with the investigation leading to today’s indictment.
The government is represented by Assistant U.S. Attorney Jihee G. Suh of the U.S. Attorney’s Office Special Prosecutions Division in Newark.
Defense counsel: Paulette Pitt Esq., Woodbridge, New Jersey
Local Doctor Faces Additional Charges for Illegally Dispensing Controlled Substances by Prescriptions, Money Laundering, Structuring, and Obstruction of JusticeRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced Friday, September 21, 2018 the unsealing of a second superseding indictment against WAYNE JEROME CELESTINE, age 57, a physician who practiced in Gretna, Louisiana and resided in the New Orleans area. The second superseding indictment contains charges of distribution of controlled substances, structuring bank funds, obstruction of justice, and offenses of money laundering involving a substantial sum of cash.
According to court records, DR. CELESTINE illegally dispensed and conspired with others to illegally dispense controlled substances, including oxycodone, oxycodone/acetaminophen, oxycontin HCL, oxymorphone HCL, hydromorphone, opana, fentanyl, suboxone, and morphine sulfate, a Schedule II drug controlled substances; hydrocodone/acetaminophen, a Schedule III drug controlled substance until October 6, 2014, thereafter, a Schedule II drug controlled substance; and alprazolam, diazepam, and carisoprodol, Schedule IV drug controlled substances.
CELESTINE is detained pending trial.
If convicted of the original charge (Count 1), CELESTINE will face a maximum of not more than 20 years in prison on the drug dispensing conspiracy charge, pursuant to Title 21, United States Code, Sections 841(a)(1) and 846. CELESTINE will also be subject to a fine of not more than one million dollars and a minimum term of supervised release of three years, following any term of imprisonment.
If convicted on the dispensing charges in Counts 2-5, CELESTINE faces not more than 20 years in prison, a one million dollar fine, and three years of supervised release. On the money laundering conspiracy charge, (Count 6), he faces not more than 20 years in prison and a $250,000 fine. On the structuring charge (Count 7), he faces 10 years in prison and a $250,000 fine. On the two obstruction charges (Counts 8 and 9), he faces 20 years in prison and a $250,000 fine per count.
U.S. Attorney Strasser praised the work of the Special Agents of the Drug Enforcement Administration, Internal Revenue Service, Jefferson Parish Sheriff’s Office, Harahan Police Department, Westwego Police Department, Louisiana State Police, St. Bernard Parish Sheriff’s Office, New Orleans Police Department, and New Orleans District Attorney’s Office in investigating this matter. Assistant United States Attorney John F. Murphy is in charge of the prosecution.
Knoxville Resident Sentenced to Ten Years in Federal Prison for Possessing Child PornographyRead the Press Release
KNOXVILLE, Tenn. – On September 24, 2018, Dean Alan Treadway, 71, of Knoxville, Tennessee, was sentenced by the Honorable Leon Jordan, Senior U.S. District Judge, to serve 120 months in prison for possessing child pornography. Upon his release from prison, Treadway will be supervised by U.S. Probation for life and be required to register as a sex offender. He will also forfeit property used to commit the offense.
Treadway pleaded guilty in February 2018 to possession of child pornography. According to documents on file with the U.S. District Court, an investigator with the Knoxville Police Department Internet Crimes Against Children Task Force (ICAC) received a lead from the National Center for Missing and Exploited Children (NCMEC) indicating that Treadway was involved in the exchange of child pornography. During the course of the investigation, ICAC Investigators learned that Treadway was a registered sex offender due to a 2006 conviction of possession of child pornography in United States District Court, Eastern District of Tennessee. The ICAC executed a federal search warrant at Treadway's residence, which led to the discovery of multiple computers and electronic devices that were later determined to contain images and videos of child pornography.
This investigation was conducted by the Knoxville Police Department ICAC in conjunction with the FBI, Knoxville Field Office. Assistant U.S. Attorney Bart Slabbekorn represented the United States in court proceedings.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about PSC, please visit www.projectsafechildhood.gov.
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Kewa Pueblo Man Sentenced to 18 Years for Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Emery Calabaza, 50, an enrolled member and resident of Kewa Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 216 months in prison followed by ten years of supervised release for his conviction on an aggravated sexual abuse of a minor charge. Calabaza will be required to register as a sex offender after completing his prison sentence.
Calabaza was arrested in June 2017, on a criminal complaint charging him with sexually abusing a Kewa Pueblo child under the age of 12 years on May 30, 2017. Calabaza subsequently was indicted on June 28, 2017. The indictment charged Calabaza with sexually abusing a minor under the age of 12 years on two occasions between May 1, 2017 and June 6, 2017, on Kewa Pueblo in Sandoval County, N.M.
On April 17, 2018, Calabaza pled guilty to a felony information charging him with aggravated sexual abuse. In entering the guilty plea, Calabaza admitted that between May 1, 2017 and June 6, 2017, he sexually abused the victim, who was under the age of 16-years-old.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Joseph M. Spindle pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was driven largely by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Iowa Sex Offender Pleads Guilty to Attempting to Produce Child PornographyRead the Press Release
JEFFERSON CITY, Mo. – An Ames, Iowa sex offender pleaded guilty in federal court today to child sexual exploitation charges.
John Jordan Lundberg, 31, pleaded guilty before U.S. Magistrate Judge Willie J. Epps, Jr., to attempting to produce child pornography.
Lundberg admitted that he responded on Sept. 3, 2017, to an online advertisement that was posted by an undercover Boone County, Mo., Sheriff’s Department detective in an effort to seek out potential sexual predators. The undercover officer posed as a mother offering her 13-year-old daughter for sex. The undercover officer also posed as the 13-year-old daughter, and Lundberg communicated with the “daughter” via text messages.
Lundberg admitted that he sent the “daughter” sexually explicit photos and video of himself as well as adult and child pornography. Lundberg also admitted that he encouraged the “daughter” to send him nude photos of herself.
In an e-mail to the undercover detective, Lundberg described himself as “a fan of incest.” He claimed to have begun sexually molesting his niece when she was 8 years old, and to have had sexual intercourse with her when she was 12 years old.
Lundberg was previously convicted on Sept. 15, 2017, for enticement of a minor for indecent purposes. Lundberg, who was granted a deferred judgment and placed on probation for three years, was arrested on Oct. 10, 2016 at the Meskwaki Bingo Casino during an undercover operation when he responded to a Craigslist advertisement and arranged a sexual encounter with a (fictitious) 15-year-old female.Under federal statutes, Lundberg is subject to a mandatory minimum sentence of 15 years in federal prison without parole, up to a sentence of 30 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Ashley S. Turner. It was investigated by the Boone County, Mo., Sheriff’s Department and the FBI.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Inland Empire Man Surrenders to Face Charges of Filing Bankruptcy Petitions after Being Order to Stop and Found in Contempt of CourtRead the Press Release
RIVERSIDE, California – An Ontario man who worked as a bankruptcy petition preparer (BPP) surrendered this morning to federal authorities to face criminal charges of lying to the United States Bankruptcy Court about his role in preparing petitions under assumed names and overcharging his clients – actions he took after repeatedly being ordered to cease his activities.
Hernan Martin Rojas, 49, who operated H.M.R. & Associates in Ontario, surrendered to special agents with the FBI after being named in an indictment returned on September 19 by a federal grand jury.
The indictment charges Rojas with four counts of making false statements in Bankruptcy Court. Rojas allegedly filed Bankruptcy petitions on behalf of clients from 2016 through this year that failed to disclose that he was the BPP. The filed documents falsely declared, under penalty of perjury, that another person had prepared the paperwork and that the clients were charged a legally permissible $200, when in fact Rojas had charged the clients substantially more, according to the indictment.
Rojas was found in contempt of court in 2013 for failing to abide by a 2012 injunction that prohibited him from acting as a BPP. As the contempt motion brought by the United States Trustee’s Office pointed out, Rojas had actually violated two prior injunctions issued by Bankruptcy Court judges.
Rojas is expected to be arraigned on the indictment this afternoon in United States District Court in Riverside.
An indictment contains allegations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
If convicted of the charges in the indictment, Rojas would face a statutory maximum sentence of five years in federal prison for each count.
The case was investigated by the Federal Bureau of Investigation, which received substantial assistance from the Office of the United States Trustee.
This case is being prosecuted by Assistant United States Attorney Jerry C. Yang of the Riverside Branch Office.
Indictment Unsealed Against Aaron O. Leyva as Part of Last Week’s Drug OperationRead the Press Release
United States Attorney Joe Kelly announced that Aaron O. Leyva was arrested Saturday on a federal warrant. Today, the indictment against Leyva has been unsealed. Leyva is charged with twice distributing five grams or more of actual methamphetamine in March of 2018. Last week, on September 20, 2018, several law enforcement agencies arrested a dozen people in the Grand Island area on drug trafficking charges. Leyva was part of the same investigation, but he was not located until this weekend. Leyva will have his initial appearance in front of U.S. Magistrate Judge Cheryl R. Zwart in Lincoln this week.
This case was investigated by the Central Nebraska Drug and Safe Streets Task Force, which consists of the following agencies: The Grand Island Police Department, Nebraska State Patrol, Hall County Sheriff’s Office, Kearney Police Department, Buffalo County Sheriff’s Office, Hastings Police Department, Adams County Sheriff’s Office, The Federal Bureau of Investigation (FBI), Homeland Security Investigations (HSI), Hall County Attorney’s Office, and the United States Attorney’s Office.
Howes Man Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Howes, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Roderick Dupris, age 45, was indicted on September 11, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 14, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on May 24, 2018, Roderick did forcibly assault, resist, oppose, impede, intimidate, and interfere with a law enforcement officer, while the officer was assisting federal law enforcement officers, and said conduct involved the use of a dangerous weapon, that is a pickup.
The charge is merely an accusation and Dupris is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Dupris was released on bond pending trial. A trial date has not been set.