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Thursday 9 August 2018
Tiverton Bank Robber Pleads Guilty in Federal CourtRead the Press Release
PROVIDENCE, RI – A man who stole a car in New Bedford, Mass., in April 2018 and then used it as his getaway vehicle after robbing a bank in Tiverton, R.I., pled guilty in federal court in Providence today to a bank robbery charge.
Appearing before U.S. District Court Judge John J. McConnell, Jr., Cody Toolis, 28, admitted to the Court that on April 2, 2018, he robbed a branch office of Bank Newport in Tiverton of $460.
Toolis’ guilty plea is announced by United States Attorney Stephen G. Dambruch, Tiverton Police Chief Patrick W. Jones, and Harold H. Shaw, Special Agent in Charge of the FBI Boston Division.
According to court documents, a couple of hours prior to robbing the bank Toolis stole a vehicle from the home of a New Bedford woman. At approximately 9:15 AM, he entered the branch office of Bank Newport in Tiverton and handed a note to a teller that read, “Do not move, I have a gun, need $500 in 20’s, I am desperate.” The teller gave Toolis $460, after which time Toolis fled the bank. A witness told police she saw the robber leave the bank parking lot in a vehicle that police determined fit the description of the vehicle stolen in New Bedford.
As part of the investigation, Tiverton Police posted on social media a still-photograph taken from bank surveillance video of the robber. Various tips from the public and other police departments identified the person in the photograph as being Cody Toolis. One week later, on April 9, Toolis turned himself in to the Bristol, R.I., Police Department.
Toolis is scheduled to be sentenced by U.S. District Court Judge John J. McConnell, Jr., on November 5, 2018. Bank robbery is punishable by statutory penalties of up to 20 years imprisonment, 3 years supervised release and a fine of $250,000.
The case is being prosecuted by Assistant U.S. Attorney Denise M. Barton.
United States Attorney Stephen G. Dambruch acknowledges and thanks the Fall River and New Bedford, Mass., Police Departments, the Bristol Police Department and the Rhode Island Department of Attorney General for their assistance in the investigation and preparation of this case for prosecution in U.S. District Court.
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Three-Month Operation Nets 24 Defendants, Takes over 50 Guns Off StreetsRead the Press Release
SELMA, Ala – A three-month operation focused on reducing violent crime in Selma and the Gulf Coast region resulted in federal charges against 24 defendants, with about 50 guns seized, announced U.S. Attorney Richard Moore, Southern District of Alabama; U.S. Attorney Louis Franklin, Middle District of Alabama; Assistant Special Agent in Charge David Hyche along with Special Agent in Charge Marcus Watson of Bureau of Alcohol, Tobacco, Firearms and Explosives; and Alabama Attorney General Steve Marshall.
The U.S. Attorney’s Office and ATF joined with local law enforcement in Selma and the Gulf Coast Region in an intense effort named “Operation Focused Remedy” which crime gun intelligence focuses on the arrest of violent offenders, disrupting the shooting cycle and taking guns off the streets. The participating agencies include Alabama Attorney General’s Office, Selma Police Department, U.S. Marshals Service, Gulf Coast Task Force, DEA, Moundville Police Department, 4th Judicial District Attorney’s Office, 4th and 17th Judicial Drug Task Forces as well as Dallas, Hale and Marengo County Sheriff’s Offices.
U.S. Attorney Moore said, “The level of gun violence in the Southern District of Alabama is too high. I appreciate the combined efforts of our federal, state and local law enforcement partners to interrupt this pattern of federal firearms violations. The U.S. Attorney’s Office will stand with the citizens of our district to insist on our streets being safe for our children and particularly safe from gun violence. Our office in the near future will have a greater presence in Selma as a part of this new initiative.”
ATF’s Crime Gun Intelligence resources include firearms tracing, the use of NIBIN (National Integrated Ballistic Information Network) and the issues surrounding stolen firearms from the public. The 24 defendants facing current gun charges all have multiple prior felony convictions.
“ATF and our partners are committed to removing the criminal element from the streets of Selma,” Watson said. “ATF Crime Gun Intelligence Centers are the driving force to reducing the violent crime and disrupting the shooting cycle that plagues our neighborhoods.”
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 of Justice’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Anyone with information regarding firearms related violent crimes should contact the ATF at (800) ATF-GUNS (1-800-283-4867). Information also can be sent to ATF via the mobile app www.reportit.com by using the Nashville Field Division as the location.Three Men Sentenced to Federal Prison for Marijuana Conspiracy and Firearm OffensesRead the Press Release
PENSACOLA, FLORIDA – Kenneth R. McLemore, 29, of Destin, Justin G. Reimche, 39, of Lorain, Ohio, and Alex A. Mena, 30, of Stockton, California, were sentenced to federal prison after pleading guilty to drug and firearm offenses. On June 7, McLemore was sentenced to 106 months in prison. On July 30, Mena was sentenced to 131 months in prison. Today, Reimche was sentenced to 120 months in prison. The sentences were announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
On November 29, 2017, a search warrant was executed at a house in Destin, where McLemore, Reimche, and Mena were residing and out of which they were distributing marijuana. Law enforcement officers seized firearms, marijuana, packaging material, scales, and over $32,000 in cash. McLemore, Reimche, and Mena were charged with conspiracy to distribute marijuana. McLemore and Mena were each charged with possession of a firearm by a convicted felon, and Mena was charged with possession of a firearm in furtherance of drug trafficking. All three defendants pleaded guilty as charged, and all of them had prior felony drug convictions that subjected them to enhanced penalties.
“Combatting violent crime is a top priority for my office, the Department of Justice, and our many federal, state, and local law enforcement partners who tirelessly work to keep our communities safe,” said U.S. Attorney Canova.
“ATF’s primary focus is protecting the public by reducing violent crime,” said Special Agent in Charge Daryl McCrary. “ATF continues to aggressively pursue violent offenders and will continue to protect and serve communities with our law enforcement partners.”
This case resulted from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Okaloosa County Sheriff’s Office. Assistant United States Attorney Alicia H. Forbes prosecuted the case.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Three Harrisburg Men Indicted on Drug Trafficking and Firearms OffensesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Kevin L. Moody, age 27, Nathaniel P. Green, age 37, and Robert E. Hendrix, Jr., age 38, all of Harrisburg, Pennsylvania, were indicted on August 8, 2018, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that the three men conspired to distribute cocaine base and marijuana in late 2017 and possessed those same drugs with the intent to distribute on December 15, 2017, in Dauphin County. The indictment also alleges that the men possessed multiple handguns in furtherance of drug trafficking and unlawfully possessed those guns as previously convicted felons.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrisburg City Police Department. Assistant U.S. Attorney Carlo D. Marchioli is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Texas Woman Sentenced to Prison for Sending Murder Threats to Ft. Bragg Soldier over Internet Messaging ApplicationsRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court Chief United States District Judge James C. Dever III, sentenced TANYATORN GHANJANASAK, 35, of Texas to serve one year and one day in federal prison, followed by three years of supervised release, upon conviction for Interstate Threats to Injure. GHANJANASAK previously pleaded guilty to the charge on March 5, 2018.
According to the Indictment and evidence presented at sentencing, in 2015 GHANJANASAK’s then husband, D.C., began receiving threatening text messages over his cell phone. D.C., a soldier stationed at Ft. Bragg, could not determine who was sending the threats, as they appeared to come from various unknown numbers.
In 2016, while vising with GHANJANASAK at her residence in Ohio, D.C. attempted to drive his car, but discovered that the brake lines had been cut. Also while in Ohio with GHANJANASAK, D.C. became ill and felt that he had been drugged.
Shortly thereafter, in January of 2017, GHANJANASAK sent D.C. an anonymous message claiming that she had tried to kill D.C., and that “the brakes and the poisons were me and you dumb ass can’t figure it out.” Following this threat in February of 2017, GHANJANASAK transmitted a message to D.C. stating, “There’s a surprise coming for you which is to die for [smiley face emoticon]. I hope you like it.” The next weekend, while vising with GHANJANASAK in Ohio, D.C. suffered a second incident where he felt that he had been drugged, and almost fell down a flight of stairs. GHANJANASAK sent an anonymous message immediately after this event stating, “Did you like your beer?!?!?!?!?”. GHANJANASAK also sent various other threats to murder D.C. and two other individuals, over a period of several months. At sentencing the Court found that GHANJANASAK had engaged in the above described conduct, thereby evidencing an intent to carry out her threats.
The FBI engaged in an investigation which ultimately revealed that GHANJANASAK was transmitting the threatening communications to D.C. and others using anonymous messaging applications from her home and workplace. GHANJANASAK had a medical degree and was practicing medicine at the time of these events.
The investigation of this case was conducted by the Federal Bureau of Investigation. Assistant United States Attorney William M. Gilmore represented the government in this case.
Springfield Man Charged with Illegal Firearms Following Police PursuitRead the Press Release
A Springfield, Mo., man was charged in federal court today with illegally possessing several firearms following a police pursuit yesterday afternoon.
Clinton Demetrius McDonald, 30, was charged in the U.S. District Court in Springfield with being a felon in possession of firearms. McDonald, a convicted felon, was allegedly in possession of a loaded Palmetto 5.56-caliber semi-automatic rifle, a Glock 9mm semi-automatic pistol, a Glock .40-caliber semi-automatic pistol and a J.P. Sauer and Sohn .32-caliber semi-automatic pistol on Wednesday, Aug. 8, 2018. McDonald is in federal custody.
According to an affidavit filed in support of today’s criminal complaint, Springfield police officers attempted to conduct a traffic stop of the 2006 BMW McDonald was driving near the intersection of Cherry and National at about 3:42 p.m. on Wednesday, Aug. 8, 2018. Officers were attempting to arrest McDonald in reference to a recent shooting incident. McDonald, the affidavit says, fled from the officers at a high rate of speed. His vehicle crashed moments later into the concrete steps of St. Agnes Cathedral near Cherry and Jefferson streets.
Officers arrived at the crash scene and found McDonald in the driver’s seat of the crashed vehicle. One passenger had been thrown forward onto the dash and windshield area. Another passenger was in the rear passenger seat.
The loaded J.P. Sauer and Sohn pistol was lodged in the windshield on the passenger side. Officers found a loaded Glock .40-caliber pistol in the front passenger side floor board of the vehicle, as well as a pill bottle on the driver’s side floor that contained suspected heroin. Officers had observed the loaded rifle being thrown out of the driver’s side window of the vehicle during the chase, the affidavit says, and also recovered the Glock 9mm pistol (which had been reported stolen) that a witness reportedly saw thrown from the vehicle during the chase.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. McDonald has a prior felony conviction for possession of a controlled substance.
The charge contained in this complaint is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Casey Clark. It was investigated by the Springfield, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Sidney Meth Dealer Sentenced to over 18 Years in PrisonRead the Press Release
BILLINGS - The United States Attorney’s Office announced today that Martin Anderson was sentenced to 220 months in prison, five years of supervised release, and a $100 special assessment. U.S. District Judge Susan Watters presided over the hearing.
Anderson previously entered a guilty plea to conspiracy to possess with intent to distribute methamphetamine. In or before July 2016 Anderson entered into an agreement with other conspirators to import substantial amounts of methamphetamine into the Sidney area of Montana for redistribution. Law enforcement would learn that Anderson, who has an extensive criminal history, purchased from California and arranged for its transportation and re-distribution in Sidney and elsewhere. Law enforcement would conduct multiple controlled purchases of methamphetamine from Anderson. A search warrant executed on Anderson’s residence in March 2017 resulted in the discovery of methamphetamine and numerous items associated with narcotics distribution. At sentencing, Judge Watters found that at least 4.5 kilograms of actual methamphetamine was attributable to Anderson.
In a sentencing memorandum filed in federal court, federal prosecutors noted Andersons’s “life of crime” and his “sheer breadth” of this conduct in importing such a large quantity of methamphetamine to the Bakken. In that memorandum, the United States described how Anderson was responsible for approximately half a pound of methamphetamine per week. Anderson represented a significant player in the methamphetamine distribution network in Sidney and beyond.
Judge Watters sentenced Anderson to over 18 years in federal prison, with five years of supervised release to follow. Because there is no parole in the federal system, Anderson will likely serve all of the time imposed by the court. In the federal system, Anderson does have the opportunity to shorten the term of custody by earning credit for good behavior. However, this reduction will not exceed 15% of the overall sentence.
Judge Watters previously sentenced other defendants directly affiliated with Anderson. His co-defendant, Autumn Guerrero was sentenced to 84 months. Co-conspirators Timothy Swope and Tiffany Boland were sentenced to 156 months and 60 months, respectively, by Judge Watters.
The Anderson case was investigated by the Federal Bureau of Investigation, Montana Department of Criminal Investigation, and other federal, state, and local agencies. Assistant United States Attorneys Zeno Baucus and Bryan Dake prosecuted Anderson.
Serial Bank Robber Pleads Guilty to Robberies Throughout Northern CaliforniaRead the Press Release
SAN FRANCISCO – Gregory A. Vaughan pleaded guilty today in federal court to multiple counts of bank robbery, announced United States Attorney Alex G. Tse and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The plea was accepted by the Honorable William H. Orrick, U.S. District Judge.
In pleading guilty Vaughan, 51, of Daly City, Calif., admitted he robbed five Bay Area banks between March 15, 2018, and April 6, 2018. Specifically, Vaughan pleaded guilty to charges that he committed robberies of banks on the dates and at the places as follows:
- $3,080 from Bank of America in San Jose, California, on March 15, 2018
- $3,400 from Wells Fargo Bank in San Mateo, California, on March 17, 2018
- $700 from California Bank & Trust in San Mateo, California, on March 23, 2018
- $2,232.60 from U.S. Bank in San Mateo, California, April 4, 2018
- $1,047 from U.S. Bank in Campbell, California, on April 6, 2018
A federal grand jury indicted Vaughan on April 19, 2018, charging him with five counts of bank robbery, in violation of 18 U.S.C. § 2113(a). Vaughan was arrested on April 7, 2018, and has been in custody since that date.
Judge Orrick scheduled Vaughan’s sentencing hearing for December 6, 2018. Vaughan faces a maximum statutory sentence of 20 years in prison for each count of bank robbery. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Jonathan Lee is prosecuting the case with the assistance of Kim Richardson and Alycee Lane. The prosecution is the result of an investigation by the FBI and the police departments of San Mateo, San Jose, and Campbell.
Scranton Man Sentenced to Ten Years in Prison for Armed Robberies of Efuel and Sunoco Gas StationsRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Durrell Davenport, age 27, of Scranton, was sentenced on August 8, 2018, to ten years’ imprisonment and three year’s supervised release by United States District Court Judge Malachy E. Mannion for two armed robberies of gas stations in the City of Scranton.
According to United States Attorney David J. Freed, Davenport previously pleaded guilty to the charge of brandishing a firearm in furtherance of a crime of violence in connection with the armed robbery of the EFuel gas station, located on Pittston Avenue in Scranton, which occurred on June 8, 2017. Approximately $266 and several packs of cigarettes were taken in the robbery. Davenport also previously pleaded guilty to the charge of interference with commerce by armed robbery, in connection with the robbery of the Sunoco gas station, located on South Main Avenue in Scranton, which occurred on June 20, 2017. Approximately $312 and several packs of cigarettes were taken in that robbery. Davenport was indicted by a grand jury for both robberies in November 2017. A co-conspirator, Amod Phillips, age 28, of Scranton, was also indicted by the grand jury for the armed robbery of the Efuel gas station and was sentenced to seven years’ imprisonment by Judge Mannion.
The investigation was conducted by the Scranton Police Department, the Bureau of Alcohol, Tobacco and Firearms, and the Federal Bureau of Investigation. Assistant United States Attorney Robert J. O’Hara prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Rochester Man Sentenced for Illegally Importing EcstasyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Steven Zepp, 28, of Rochester, NY, who was convicted of importing a controlled substance from a foreign country, was sentenced to serve 20 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Charles E. Moynihan, who handled the prosecution of the case, stated that in March of 2017, members of law enforcement intercepted several packages sent from Germany to 116 Frear Drive, in Rochester. The packages contained a substance believed to be 3, 4-Methylenedioxymethamphetamine, or MDMA, commonly known as ecstasy. Officers executed a search warrant at the Frear Drive location and seized multiple controlled substances, including additional quantities of MDMA, methamphetamine and marijuana. Officers arrested Zepp, who resided at the residence.
The sentencing is a culmination of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; the United States Postal Inspection Service, Boston Division, under the direction of Acting Inspector-in-Charge Delany E. De Leon-Colon; and the New York State Police, under the direction of Major Eric Laughton.
Real Estate Investor Pleads Guilty to Bid Rigging at Online AuctionsRead the Press Release
Real estate investor Christopher Graeve pleaded guilty today in West Palm Beach, in connection with an ongoing investigation into bid rigging at online public foreclosure auctions in Florida, the Department of Justice announced. Graeve is the second real estate investor to plead guilty in this investigation.
Felony charges of bid rigging were filed against Graeve on November 2, 2017, in the U.S. District Court for the Southern District of Florida. According to court documents, from around January 2012 through around June 2015, Graeve conspired with others to rig bids during online foreclosure auctions in Palm Beach County, Florida.
“Real estate investors who deal in foreclosed properties should be on notice that the Division will not tolerate the subversion of competition in foreclosure auctions,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “The Division will continue to prosecute antitrust violations that occur at these auctions, and will hold individuals who engage in this conduct accountable.”
“Real estate investors who think they can swindle the system to line their pockets with ill-gotten gains beware,” said Special Agent in Charge Robert F. Lasky of the FBI Miami’s Field Office. “The FBI and our law enforcement partners will vigorously investigate such schemes.”
The Department said that the primary purpose of the conspiracy was to suppress and restrain competition in order to obtain selected real estate offered at online foreclosure auctions at non-competitive prices. When real estate properties are sold at these auctions, the proceeds are used to pay off the mortgage and other debt attached to the property, with any remaining proceeds available to the homeowner. According to court documents, the conspiracy artificially lowered the price paid at auction for such homes. In the past several years, the Division and its law enforcement partners have secured convictions of more than 100 individuals for rigging public mortgage foreclosure auctions in six different states, including Florida.
The investigation is being conducted by the Antitrust Division’s Washington Criminal I Section and the FBI’s Miami Division – West Palm Beach Resident Agency. Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions should contact the Washington Criminal I Section of the Antitrust Division at 202-307-6694, call the Antitrust Division’s Citizen Complaint Center at 888-647-3258, or visit www.justice.gov/atr/report-violations.
Plymouth Man Sentenced to More Than 10 Years After Conviction of Robbery and Firearm OffenseRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, WILLIAM EDWARD WHITE, 34, of Plymouth, was sentenced by Chief United States District Judge James C. Dever, III for Hobbs Act robbery and brandishing a firearm in furtherance of a crime of violence. Judge Dever sentenced WHITE to 129 months imprisonment followed by 5 years of supervised release.
WHITE was charged in a two-count indictment on August 16, 2017 and pled guilty to those charges on April 19, 2018.
In the early morning of October 25, 2016, WHITE waited outside of Friendly Check Cashing in Elizabeth City, North Carolina. As an employee arrived and entered the rear door, WHITE pushed his way through the door behind the employee, pointing a handgun at her. He forced the employee into the main room where the safe was kept and threatened to shoot her if she did not open the safe quickly. While the employee was attempting to open the safe, WHITE struck the employee on the back of the head with the firearm. Once the employee had opened the safe, WHITE removed $45,500 in U.S. Currency. Before he left, WHITE bound the employee using duct tape, tearing the tape from the roll with his teeth. Detectives later identified WHITE as a suspect based on a match between his DNA and DNA isolated from the torn duct tape. When later questioned by authorities, WHITE admitted his involvement.
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
The investigation of this case was conducted by the Elizabeth City Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorney Jake D. Pugh represented the government in this case.
Pittsburgh Man Charged with Violating Federal Firearms LawsRead the Press Release
PITTSBURGH - One resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal firearms laws, United States Attorney Scott W. Brady announced today.
The 10-count indictment, returned on August 7 and unsealed yesterday, named Sean Jamar Gaines, 28, of Pittsburgh, Pennsylvania, as the sole defendant.
On July 30, 2014, May 26, 2016, and September 23, 2017, Gaines made false statements to a licensed firearm dealer in the acquisition of firearms and also made false statements on a federal firearms form in the acquisition of firearms.
The defendant faces a maximum total sentence of not more than 10 years in prison, a fine of not more than $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Timothy M. Lanni is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the investigation leading to the Indictment in this case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pittsburgh Man Charged in Mystery Shopper ScamRead the Press Release
PITTSBURGH, PA - A resident of Allegheny County, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of fraud conspiracy, mail fraud, and wire fraud, United States Attorney Scott W. Brady announced today.
The three-count indictment, returned on August 1 and unsealed yesterday, named Robert Shon Jackson, 42, of Pittsburgh, Pennsylvania, as the sole defendant.
According to the indictment, Robert Shon Jackson was charged with being involved in a "Mystery Shopper" scam. A "Mystery Shopper" scam occurs when a victim is falsely led to believe that they are being employed to evaluate retail and business services. They unwittingly receive a counterfeit Postal Money order or counterfeit check to provide the funds for their evaluation purchases. They negotiate the counterfeit instrument and then send a large portion of the proceeds to a person designated by the fraudsters usually by wire. By this time, the counterfeit instrument is returned to the bank and they are charged for the funds paid to them by the bank.
Jackson is alleged to have conspired with certain persons knowingly to prepare and address fraudulent mail containing the counterfeit instruments to victims, who believed they were acting as "mystery shoppers." The victims unwittingly received the counterfeit commercial and Postal money orders and checks and cashed them to make small purchases for purposes of evaluating the commercial services provided. The victims then wire transferred excess funds back to Jackson and other unwitting accomplices. After these transactions, the money orders and checks were returned as counterfeit by the victims’ banks and they were left to repay the bank from their own funds. Jackson then wired, or caused to be wired, a portion of the fraudulent proceeds to other persons overseas. The estimated loss associated with Jackson is approximately $42,744.46.
The law provides for a maximum total sentence of 60 years in prison, a fine of $750,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Paul E. Hull is prosecuting this case on behalf of the government.
The United States Postal Inspection Service and the Department of Homeland Security/Homeland Security Investigations conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pharmacy Owner Pleads Guilty as Part of Largest Health Care Fraud Case Ever in MississippiRead the Press Release
Hattiesburg, Miss. – Thomas Edward Spell, Jr., 50, of Ridgeland, pled guilty today before U.S. District Judge Keith Starrett to a Criminal Information outlining his role in a more than $240 million dollar scheme to defraud TRICARE, the health care benefit program serving our nation’s military, veterans, and their respective family members, announced U.S. Attorney Mike Hurst, FBI Special Agent in Charge Christopher Freeze, IRS-Criminal Investigation Acting Special Agent in Charge Thomas J. Holloman, III, and Special Agent in Charge John F. Khin of the Defense Criminal Investigative Service’s Southeast Field Office.
Spell’s case is part of the largest health care fraud scheme ever investigated and prosecuted in the State of Mississippi. The investigation is ongoing and prosecutions are continuing nationwide, including in states such as California, Tennessee, Arkansas, and Connecticut. Spell will be sentenced by Judge Starrett on October 16, 2018 at 10:30 a.m.
"Ripping off our veterans and members of the military is despicable, and that is exactly what this defendant and others have done by defrauding TRICARE and the American taxpayer. Rest assured that we will hunt down all those who commit this type of fraud and we will not stop until such criminals are brought to justice. I want to thank the agents, AUSAs, DOJ trial attorneys, and our other law enforcement partners for their tireless work on this far-reaching scheme. This fraudulent activity has gone on for far too long, and the U.S. Attorney’s Office will continue to enforce our federal laws and clean up crime and corruption throughout our state," said U.S. Attorney Hurst.
"Spell’s guilty plea today proves that the scheme to defraud TRICARE, and the taxpayers who fund its services, operated throughout the highest professional levels in the medical and pharmaceutical industries. Without the participation of those individuals in executive and decision-making positions, these schemes would often not materialize and/or profit those involved," stated Thomas J. Holloman, III, Acting Special Agent in Charge, IRS – CI. "Thomas Spell was a leader and organizer in this far-reaching fraud and his guilty plea today is a win for all taxpayers. The special agents of IRS – Criminal Investigation will continue to seek justice on behalf of this nation’s taxpayers, and will pursue the prosecution of wrong doers at the highest levels of these criminal organizations."
"This guilty plea, resulting from the aggressive and tireless efforts of DCIS special agents, was part of a complex and widespread investigation with other law enforcement partners that brought to justice numerous defendants who believed they could get away with scheming to fleece the Department of Defense of hundreds of millions in taxpayer dollars," said Special Agent in Charge John F. Khin of the Defense Criminal Investigative Service. "Fraud and corruption in TRICARE, the Pentagon’s health care program, especially involving deceptive practices with prescription medications, is far from a ‘victimless’ crime. As a pharmacist who was entrusted with providing safe, effective medications, this defendant selfishly put greed and personal gain before the safety and well-being of our military members, combat veterans, and retirees, who deserve the best medications and care available."
From approximately August 2014 through January 2016, Spell owned and operated a pharmacy in Madison County, Mississippi, and several other pharmacies across the United States. During this time, Spell and other co-conspirators marketed compounded medications at his pharmacies. Rather than formulating compounded medications based on the individualized needs of patients, formulas were selected to maximize profit based upon reimbursements fromTRICARE and other health care benefit programs.
At the direction of Spell and his co-conspirators, Spell’s pharmacies submitted fraudulent claims to TRICARE and other health care benefit programs. The result was that TRICARE reimbursed Spell’s pharmacies on these fraudulent claims totaling over $243 million.
In order to further their scheme, Spell and his co-conspirators waived TRICARE’s requirement that a beneficiary make a copayment to receive medicine. Instead, Spell and his co-conspirators had their employees purchase prepaid debit cards and money orders to use towards a copayment for a beneficiary, with Spell and his co-conspirators reimbursing their employees. Additionally, Spell and his co-conspirators paid kickbacks and bribes to marketers in order to obtain prescriptions for compounded medications from prescribers for beneficiaries who were covered by the most lucrative health care benefit programs, including TRICARE, irrespective of whether the compounded medications were medically necessary for the treatment of beneficiaries.
As a result of this fraudulent activity, Spell personally obtained over $29 million in proceeds from the illegal scheme. Spell used these proceeds to fund bank accounts and investment accounts in his name, in the name of familymembers, and in the name of various business entities. Spell also used these proceeds to lend money and to purchase vehicles, boats, and property. The United States is seeking forfeiture of these assets listed in the Information.
This case has been designated as a related prosecution to cases charged earlier this year in the Southern District of Mississippi. Silas K. Richmond, II, a licensed pharmacist and marketer, pled guilty on July 18, 2018, to conspiracy to commit health care fraud regarding a scheme to defraud health care benefit programs, including TRICARE, of more than $545,000. To date, a total of 11 people have been charged and 8 convicted in the compounding pharmacy scheme in the Southern District of Mississippi.
The case is being prosecuted by Assistant U.S. Attorney Mary Helen Wall and U.S. Department of Justice trial attorneys Katherine Payerle and Sean Welsh of the Criminal Division's Fraud Section.
Owners/Operators of a job-staffing company sentenced to federal prison for wire fraudRead the Press Release
ATLANTA – Eric Powell and Ahmad McCormick, former owners and operators of National Vocation Group, who lured hundreds of job-seekers into paying for needless pre-employment certification training have been sentenced to federal prison for wire fraud.
“Powell and McCormick used their job-staffing company to dupe hundreds of victims into paying high fees for unnecessary training,” said U.S. Attorney Byung J. “BJay” Pak. “The defendants further harmed their victims when they did not produce the jobs that were promised to them.
“Erick Powell and Ahmad McCormick deceived victims into believing they were applying for legitimate jobs that required certain Occupational Safety and Health Administration certifications when, in fact, they were not,” said Rafiq Ahmad, Special Agent in Charge, Atlanta Regional Office, U.S. Department of Labor, Office of Inspector General. Powell and McCormick used phony online job postings to lure unsuspecting applicants into fraudulently paying their company for unnecessary OSHA training certifications. We will continue to work with OSHA and our law enforcement partners to investigate those who prey on legitimate job seekers.”
According to U.S. Attorney Pak, the charges, and other information presented in court: From August 2015 through October 2015, Powell and McCormick operated a fraudulent job-staffing company in Atlanta called National Vocation Group (NVG). Powell and McCormick used Indeed.com and ZipRecruiter.com to advertise available jobs in the housekeeping and maintenance industries that paid above-average wages. The advertisements falsely represented that NVG had existing contracts with commercial cleaning companies throughout the Atlanta area; that the jobs paid above-average wages of up to $17 per hour; and that NVG could place its clients in these high-paying jobs.
When NVG’s job applicants were interviewed by Powell, McCormick, and other employees of NVG, the applicants were told that they would have to pay $349 for certain Occupational Safety and Health Administration (OSHA) training prior to being hired for the advertised jobs. The applicants were falsely told that federal law required housecleaning and maintenance workers to take the OSHA General Industries Course before starting work in the advertised jobs. Hundreds of applicants paid the $349 fee and took the OSHA course as required, but none of those applicants received the high-paying jobs they were promised.
Several victims notified law enforcement, while others notified local media outlets regarding NVG’s practices. NVG relocated its offices from downtown Atlanta to East Point, Georgia, where the defendants continued their fraudulent activities. The company eventually disbanded in mid-October 2015, although both McCormick and Powell continued operating other fraudulent job-staffing companies after NVG ceased operating.
Erick Powell, 30, of New Windsor, New York, was sentenced today to two years in prison to be followed by three years of supervised release. On December 11, 2017, after a four-day trial, a federal jury returned a verdict convicting Powell on one count of substantive wire fraud. The jury acquitted Powell on the other counts.
Ahmad McCormick, 32, of Brooklyn, New York, was sentenced to three years in prison, to be followed by three years of supervised release on July 2, 2018. McCormick pleaded guilty to wire fraud conspiracy on August 31, 2017.
This case was investigated by the U.S Department of Labor, Office of the Inspector General. The East Point Police Department also provided assistance.
Assistant U.S. Attorneys John S. Ghose and Lynsey M. Barron prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Owners of Five Chicago-Area Restaurants Charged in Federal Investigation Targeting Underreporting of Gross ReceiptsRead the Press Release
CHICAGO — The owners of five Chicago-area restaurants are facing criminal tax charges as part of a federal investigation into the underreporting of gross receipts.
The charges allege that the restaurant owners willfully avoided paying the full amount of federal taxes by reporting gross receipts that were substantially lower than the true amounts. The federal investigation, which remains ongoing, has focused on sales suppression software and other techniques used by restaurant owners to manipulate gross receipts.
Charged with willfully filing false tax returns are SHULI ZHAO, 59, of Westmont, the owner of Katy’s Dumpling House in Westmont; CHUN XU ZHANG, 42, of Aurora, the owner of Sushi City in Downers Grove; QUAN SHUN CHEN, 53, of Chicago, the owner of Hunan Spring in Evanston; SANDRA SANCHEZ, 44, of Morton Grove, the owner of Cesar’s Tacos on North Clark Street in Chicago; and ISRAEL SANCHEZ, 43, of Chicago, the owner of Cesar’s on Broadway on North Broadway in Chicago. Arraignments in U.S. District Court in Chicago have not yet been scheduled.
The charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Gabriel L. Grchan, Special Agent-in-Charge of the Internal Revenue Service Criminal Investigation Division in Chicago; and Connie Beard, Director of the Illinois Department of Revenue.
“These charges send a clear message that restaurant owners who choose to illegally underreport gross receipts will be held accountable,” said U.S. Attorney Lausch. “Recovering funds for the federal treasury is a top priority in our office.”
“The charges announced today are an important step in the fight against individuals and restaurants in our community that cheat on their taxes,” said Special Agent-in-Charge Grchan. “This is only the beginning. I want to warn those restaurants, gas stations, convenience stores, and other establishments that are currently using or thinking of using sales suppression software, that we are on to you and your methods. If you steal from the federal government, there will be serious consequences.”
“I commend the work of the Illinois Department of Revenue’s Criminal Investigations Division and the IRS as we continue efforts to protect taxpayers from tax fraud,” said Director Beard. “Today’s charges should send a message that technology cannot shield criminals from being held accountable.”
Zhao, Zhang and Chen were charged in indictments returned Tuesday in U.S. District Court in Chicago. Zhao allegedly underreported gross receipts for the calendar years 2013 to 2015; Zhang for the calendar years 2012 to 2015; and Chen for the fiscal years 2012 to 2015 and the calendar years 2015 and 2016. Assistant U.S. Attorney Sheri H. Mecklenburg represents the government in the Zhao, Zhang and Chen cases.
Sandra Sanchez and Israel Sanchez were charged in criminal informations filed Tuesday in U.S. District Court in Chicago. Sandra Sanchez and Israel Sanchez allegedly underreported gross receipts for the calendar year 2012. Assistant U.S. Attorney Yusef Dale represents the government in the Sandra Sanchez and Israel Sanchez cases.
The public is reminded that charges are not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Filing false tax returns carries a maximum penalty of three years in prison. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory United States Sentencing Guidelines.
Olean Man Sentenced for Committing Bank Fraud and Tax EvasionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Stevens, 54, of Olean, NY, who was convicted of bank fraud and tax evasion, was sentenced to serve 33 months in federal prison by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay $512,982.00 in restitution to the victim and the Internal Revenue Service.
Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that in August 2012, the defendant, a Certified Public Accountant (CPA), was hired by a business owner to handle all of the bookkeeping responsibilities for his business. Responsibilities included paying vendors, employee payroll, and personal and business tax return preparation. In order to perform the accounting duties, Stevens was given access to the business’ bank account information for the business owner’s two business accounts at a Five Star Bank branch in Warsaw, NY.
Beginning in early 2016, the defendant began to notify the business owner that the business was not doing well financially. For instance, a $30,000.00 line of credit at Five Star Bank was maxed out without authorization. When questioned about the line of credit, Stevens told the business owner that the business was not generating enough revenue. Also, sometime in 2016, the business owner received a letter from the Internal Revenue Service stating that his 2015 taxes had not been paid. When the business owner questioned the defendant, Stevens again stated that the business was not generating enough revenue.
In September 2016, the business owner realized that monthly statements for the Five Star Bank accounts were no longer being received at the business owner’s office. On March 24, 2017, the business owner went to the bank branch to review the business accounts activity.
Between August 2012 and April 2017, Stevens made approximately $342,700.00 in unauthorized electronic withdrawals from the business owner’s accounts to his personal accounts and forged approximately 39 checks, made payable to himself, in the amount of $87,800.In addition, the defendant failed to file an income tax return for 2015 resulting in a loss of $53,296.00 to the IRS and also failed to file an income tax return for 2014 resulting in a tax loss of $29,186.00.
The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office, and the United States Postal Inspection Service, under the direction of Acting Inspector-in-Charge Delany E. De Leon-Colon of the Boston Division.
Oklahoma Man Charged with Creating Malicious Software Used in Attack on Bay Area Company’s WebsiteRead the Press Release
SAN JOSE - A federal grand jury in San Jose indicted Travis Cole Malone, Jr., on July 12, 2018, for conspiracy to commit computer fraud and abuse and for causing the transmission of code to damage protected computers, announced United States Attorney Alex G. Tse and Federal Bureau of Investigation Special Agent in Charge John F. Bennett.
According to the indictment unsealed today, Malone, 20, of McAlester, Okla., is alleged to have coded and developed the “Medusa IRC Botnet DDoS” malicious software (“malware”). When installed on a victim computer, the malware joined the victim computer to a “botnet” that could be used to conduct distributed denial of service (“DDoS”) attacks against websites. Malone, using the moniker “stevenkings,” advertised the malware on various internet forums. He then leased access to the botnet to co-conspirators for the purpose of executing DDoS attacks. The indictment alleges that the malware was used in a January 2016 DDoS attack on the webservers for a San Francisco digital currency company.
Malone was arrested on August 7, 2018, and made his initial appearance in federal court in Muskogee, Oklahoma, yesterday. Malone was released on bond and his next scheduled appearance is at 1:30 p.m. on September 12, 2018, for an initial appearance in the Northern District of California before U.S. Magistrate Judge Susan van Keulen.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a maximum sentence of ten years’ imprisonment, and a fine of $250,000, restitution, and forfeiture, for each violation of 18 U.S.C. § 1030. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
This case is being prosecuted by the Northern District of California’s Computer Hacking and Intellectual Property Section with the assistance of Elise Etter and Vanessa Quant. The prosecution is the result of an investigation by the FBI in San Francisco and Muskogee. The FBI received assistance during the investigation from security researchers at Arbor Networks.
Northern California Woman Sentenced for Tax Refund SchemeRead the Press Release
SACRAMENTO, Calif. — Starsheka Mixon, 35, of Pinole, was sentenced today by U.S. District Judge Morrison C. England Jr. to three years and one month in prison for a stolen identity tax refund fraud scheme, U.S. Attorney McGregor W. Scott announced.
“The defendants used taxpayer information to enrich themselves by submitting false tax returns to the IRS,” said Tara Sullivan, Special Agent in Charge, IRS Criminal Investigation. “This scheme went on for three years and victimized innocent taxpayers and the government. Identity theft can have a negative financial impact on taxpayers and can take years to repair. Taxpayers must be careful who they share their personally identifiable information with when choosing a tax return preparer.”
According to court documents, between January 2011 and June 2013, Mixon and co‑defendant Denna Chambers, 35, of Fairfield, conspired together and with others to fraudulently obtain tax refunds by filing false tax returns in the names of other people with the Internal Revenue Service. The tax returns included false statements about the taxpayers’ income, dependents, and occupations in order to obtain refunds and tax credits to which the taxpayers were not entitled, including the Earned Income Credit and the Additional Child Tax Credit. Some of the fraudulent tax returns used the name and personal information of individuals without their knowledge or consent.
The fraudulently obtained refunds were typically placed on prepaid debit cards controlled by Chambers, Mixon, or their associates. In their respective plea agreements in February 2018, Chambers and Mixon both admitted that in all, approximately 174 false federal income tax returns were filed seeking over $880,000 in tax refunds, of which approximately $477,348 was paid out by the IRS.
Judge England also ordered Mixon to serve two years of supervised release. She was ordered to self-surrender on October 18, 2018, to begin serving her sentence. Chambers is scheduled to be sentenced on September 13, 2018.
This case is the product of an investigation by IRS Criminal Investigation. Assistant U.S. Attorney Shelley D. Weger is prosecuting the case.
For 2018, the IRS, the states, and the private-sector tax industry are working together to identify and apply safeguards to better protect taxpayers and fight identity theft. You can find identity theft protection for prevention, detection, and victim assistance at: www.irs.gov/identity‑theft-fraud-scams.
North Carolina Man Sentenced to Life in Prison for Sexual Exploitation of Joplin ChildRead the Press Release
SPRINGFIELD, Mo. – A North Carolina man was sentenced in federal court today for the sexual exploitation of a child in Joplin, Mo.
David Lee Perkins, 34, of Winston-Salem, N.C., was sentenced by U.S. District Judge M. Douglas Harpool to life in federal prison without parole. The court also ordered Perkins to pay $6,325 in restitution to his victim.
On Jan. 18, 2018, Perkins was found guilty following a bench trial of crossing state lines into Missouri with the intent to engage in a sexual act with a child victim under the age of 12 from April 16, 2014, to Dec. 11, 2016.
Additionally, Perkins had already pleaded guilty on Jan. 3, 2018, to two additional counts contained in the Jan. 18, 2017, federal indictment. Perkins admitted that he used the child victim to produce child pornography and that he distributed child pornography.
Joplin police officers were dispatched to a local hotel where Perkins was staying on Dec. 11, 2016. A female acquaintance of Perkins told officers that she found several videos on an iPad of Perkins engaged in sexually explicit conduct with the child victim. Officers contacted Perkins in his hotel room and placed him under arrest.
Perkins told investigators he used his iPad and iPhone to photograph and create videos of the sexually explicit conduct he engaged in with the child victim in various hotels and motels in Joplin. Investigators found three video files on Perkins’s iPad. Perkins shared those images and videos of child pornography with at least one other person by attaching them to text messages.
This case was prosecuted by Assistant U.S. Attorneys Ami Harshad Miller and Nhan D. Nguyen. It was investigated by the Joplin, Mo., Police Department, the FBI, and the Newton, N.C., Police Department.
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."
New Orleans Man Pleads Guilty to Bank Robbery and Interstate Transportation of Stolen PropertyRead the Press Release
U.S. Attorney Duane A. Evans announced that RONALD VANTRESS JR., age 53, of New Orleans, pleaded guilty to a three-count indictment in which he was charged with bank robbery in violation of 18 U.S.C. § 2113(a), interstate transportation of stolen property in violation of 18 U.S.C. § 2314, and interstate transportation of a stolen motor vehicle in violation of 18 U.S.C. § 2312.
According to court documents, RONALD VANTRESS, JR., pleaded guilty to robbing the Gulf Coast Bank and Trust, located at 201 North Carrollton Ave., New Orleans, Louisiana, on March 21, 2018. In addition, RONALD VANTRESS JR. pleaded guilty to transporting a stolen 2009 Toyota Camry, a stolen license plate, and other stolen property from New Orleans to Texas after the robbery.
For bank robbery, RONALD VANTRESS JR. is facing a maximum penalty of up to 20 years imprisonment, a fine of $250,000, three years of supervised release, and a $100 mandatory special assessment. For the stolen property and stolen vehicle counts, RONALD VANTRESS JR. is facing a maximum penalty of up to ten years imprisonment, a fine of $250,000, three years of supervised release, and a $100 mandatory special assessment.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Jonathan L. Shih is in charge of the prosecution
Navajo Man from San Juan County Pleads Guilty to Federal Assault and Firearms ChargesRead the Press Release
ALBUQUERQUE – Neddanyl Sims, 27, an enrolled member of the Navajo Nation who resides in Nenahnezad, N.M., pled guilty yesterday in federal court in Albuquerque, N.M., to assault and firearms charges. Sims entered the plea under a plea agreement that recommends he be sentenced to six years of imprisonment followed by a term of supervised release to be determined by the court.
Sims was arrested on Sept. 1, 2016, on a criminal complaint charging him with assault with a dangerous weapon and discharging a firearm during a crime of violence on Aug. 16, 2016. According to the complaint, Sims shot at an occupied vehicle and injured one of the three occupants, following an argument over money.
Sims was indicted on Nov. 15, 2016, and was charged with assaulting two victims with a rifle with the intention of causing them bodily harm. It also charged Sims with discharging a firearm during a crime of violence. According to the indictment, Sims committed the offenses on Aug. 16, 2016, on the Navajo Indian Reservation in San Juan County, N.M.
During yesterday’s proceedings, Sims pled guilty to Count 1 of the indictment charging him with assault with a dangerous weapon and to a felony information charging him with possession of a firearm during and in relation to a crime of violence. In entering the guilty plea, Sims admitted that on Aug. 16, 2016, he fired four rounds at the victim’s vehicle intending to do bodily harm following an argument over money Sims owed to the victim. Sims acknowledged that several shots hit the victim’s vehicle, one of which struck the victim’s arm.
Sims was arrested on tribal charges on Aug. 16, 2016, and remained in tribal custody until he was transferred into federal custody on Sept. 1, 2016. He has been in federal custody since that time and will remain detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case.
Navajo Man from Albuquerque Pleads Guilty to Misdemeanor Assault ChargeRead the Press Release
ALBUQUERQUE – Jason Jonas Lee, 34, an enrolled member of the Navajo Nation who resides in Albuquerque, N.M., pled guilty this morning in federal court to a misdemeanor assault charge.
Lee was arrested on Jan. 11, 2018, on a four-count indictment charging him with two counts of assault with a dangerous weapon with the intention of doing bodily harm, and two counts of assault resulting in serious bodily injury. The indictment alleged that Lee committed the crimes against two victims, one with a baton and the other with a crowbar. According to the indictment, Lee committed the crimes on April 14, 2017, on the Navajo Indian Reservation in San Juan County, N.M.
During today’s proceedings, Lee pled guilty to a misdemeanor information charging him with assault by striking, beating and wounding. In entering the guilty plea, Lee admitted that on April 14, 2017, he entered the residence of one of the victims and assaulted the victim with a baton. After leaving the residence, he struck the other victim with the baton. Lee acknowledged that both victims sustained injuries as a result of his actions, and one of the victims required orthopedic surgery to repair a broken arm sustained as the result of Lee’s assault.
At sentencing, Lee faces a maximum statutory penalty of a year of imprisonment. A sentencing hearing has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Raquel Ruiz-Velez is prosecuting the case.
Nash County Man Sentenced for Voting by an AlienRead the Press Release
GREENVILLE – Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces the sentencing of ROBERTO HERNANDEZ-CUARENTA, age 57, of Zebulon, North Carolina, for two counts of Voting by Alien. HERNANDEZ-CUARENTA was sentenced to time served on both counts which is four months of imprisonment.
On November 6, 2012 and November 8, 2016, HERNANDEZ-CUARENTA, knowing he was not a United States Citizen, did knowingly vote in two elections held in part for the purpose of electing a candidate for the Office of President, Vice President, and Member of the House of Representative.
The evidence presented at sentencing showed that the defendant was granted a Special Agricultural Worker application in June of 1992. He was subsequently given legal and permanent resident status as a seasonal agricultural worker. However, HERNANDEZ-CUARENTA was never naturalized as a United States Citizen and there are no pending applications or petitions on behalf of the defendant for United States Citizenship. HERNANDEZ-CUARENTA is a citizen of Mexico.
Mr. Higdon commented: “The right to vote is a precious privilege available only to citizens of the United States. When a non-citizen votes in a federal election it serves to dilute and devalue the vote of American citizens and places the decision making authority of the American electorate in the hands of those who have no right to make those choices. My office will do its part to protect the rights of every American citizen to cast their vote freely and to have it counted fairly.” There are no pending applications or petitions on behalf of the defendant for United States citizenship.
The case was investigated by the North Carolina Board of Elections and the Homeland Security Investigation Raleigh Office. Assistant United States Attorney Ethan Ontjes is handling the case for the government.
Mexican National Man Pleads Guilty to Illegally Reentering the United StatesRead the Press Release
Defendant had two prior removals for illegally entering the United States
CHARLESTON, W.Va. – Javier Leon Villagomez entered a guilty plea to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Villagomez, 40, of Guanajato, Mexico, faces up to 2 years in prison when he is scheduled to be sentenced on September 20, 2018. Villagomez also faces removal proceedings at the conclusion of any sentence of incarceration. United States Attorney Mike Stuart praised the work of the Jackson County Sheriff’s Department and Immigration and Customs Enforcement (ICE).
“I hate terms like “zero tolerance” but, for these crimes, we absolutely mean “zero tolerance,” said United States Attorney Mike Stuart. “We will prosecute every single one of these cases. And for those that illegally enter this country and commit crimes of violence, their removal can’t happen fast enough.”
On May 12, 2018, Villagomez was arrested for domestic violence charges near Ravenswood, Jackson County, West Virginia by officers working for the Jackson County Sheriff’s Department. In investigating the case, Jackson County Sheriff’s Department contacted ICE to confirm Villagomez’s legal status. ICE agents spoke to Villagomez, and confirmed that he was not legally present in the United States. ICE agents further submitted Villagomez fingerprints for a forensic examination. The results of the examination matched Villagomez to two prior removals from the United States. One prior removal was in 2007 and the second in 2008, both from the Milwaukee, Wisconson area. After being deported on two separate occasions, Villagomez then illegally reentered the United States without lawful permission from the Secretary of Homeland Security. Villagomez is a citizen of Mexico.
Assistant United States Attorney Erik S. Goes handled the prosecution. Judge Joseph R. Goodwin presided over the guilty plea.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Man Sentenced to Prison for Third Federal Firearm ConvictionRead the Press Release
RICHMOND, Va. – A Richmond man was sentenced today to 6 1/2 years in prison for possession of a firearm by a convicted of a felon.
“Corey Spruill has a criminal history filled with violence,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “He has numerous convictions for assaulting women and children, and possessing firearms. This office is committed to aggressively prosecuting violent individuals like Mr. Spruill. I want to thank our law enforcement partners at the Richmond Police Department and the ATF for the efforts on this case.”
According to court documents, Corey Spruill, 41, was approached by Richmond police officers after the car he was driving failed to stop at an intersection. When the officer approached Spruill’s car, he smelled a strong odor of marijuana coming from inside the vehicle. A lawful search of the vehicle resulted in the recovery of a backpack containing marijuana, a digital scale, and baggies used to package narcotics. In addition, a loaded firearm was recovered from the center console of the car. Spruill was also in possession of a quantity of cocaine that he had inside a baggie in his pocket. Spruill has prior convictions for misdemeanor assault and battery, and was convicted in 1999 and again in 2005 of federal firearms charges, making this his third federal felony conviction. While Spruill was on bond on state charges associated with this case, he was arrested and later convicted of assault and battery of a family member.
“The ATF is dedicated to removing violent criminals and those that illegally possess and use illicit firearms from our streets,” said Thomas L. Chittum, III, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division. “This investigation demonstrates how ATF actively collaborates with its federal, state and local law enforcement partners to reduce violent crime and keep communities safe.”
“This is a great example how the Richmond Police Department and the U.S. Attorney’s Office work together to prosecute repeat offenders and keep our streets safer,” said Roger Russell, Acting Deputy Chief of the Richmond Police.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Thomas L. Chittum, III, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, and Alfred Durham, Chief of Richmond Police, made the announcement after sentencing by U.S. District Judge Henry E. Hudson. Assistant U.S. Attorney Angela Mastandrea-Miller prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:18-cr-32.
Man Found Guilty of Bank Robberies Despite Insanity PleaRead the Press Release
DALLAS, Texas — Darius Whetstone was found guilty of committing three armed bank robberies in June 2016. The decision came in a written opinion issued one week after a two-day bench trial before Chief U.S. District Judge Barbara M.G. Lynn. Whetstone had agreed that he robbed the three banks, but asked the court to find him innocent by reason of insanity because he was unable to appreciate the wrongfulness of his actions at the time. The court found that, though Whetstone had proved that he suffered from a severe mental disease or defect when he committed the robberies, he failed to show that he was unable to appreciate the wrongfulness of his acts.
According to the court’s findings and evidence presented at trial, Whetstone entered a Capital One bank branch in Dallas on June 2, 2016, brandished a knife, and forced employees to turn over cash from one of the tellers. Whetstone used the money from the first robbery to purchase a variety of goods, including two duffel bags and a car that, on June 7, 2016, he used to rob two more Dallas banks in the same manner as the first. The second bank Whetstone robbed was a Bank or America branch. The third was a BB&T branch.
In its written decision, the court indicated that “at the time of each offense, Whetstone established by clear and convincing evidence that he suffered from a severe mental disease or defect.” But the court also found that Whetstone “did not prove by clear and convincing evidence that he was unable to appreciate that his acts were wrong when he committed each offense,” and specifically that “at the time he committed each robbery, Whetstone knew it was against the law to rob a bank and that bank robbery was wrong.” Therefore, the court concluded, “Whetstone was not insane under 18 U.S.C. § 17 when he committed the bank robberies.”
Whetstone’s sentence will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case.
The Feberal Bureau of Investigation investigated. Assistant U.S. Attorneys Nicholas Bunch and Russell Fusco are prosecuting the case.
Lynnfield Woman Pleads Guilty to Filing False Tax ReturnsRead the Press Release
BOSTON – A Lynnfield woman pleaded guilty today in federal court in Boston to filing false tax returns, on which she claimed, among other things, more than a $370,000 mortgage interest deduction, even though the loan was in default and property had gone into foreclosure.
Karyn M. Ingram, 51, pleaded guilty to three counts of filing false tax returns for tax years 2011, 2012 and 2013. Ingram was arrested and charged in January 2018. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for Nov. 29, 2018.
Ingram filed tax returns in which she reported false and inflated Schedule A deductions and in one year, a Schedule C business loss, in order to reduce her overall tax liability. For example, for tax years 2010 and 2011, Ingram filed returns claiming mortgage interest deductions of $45,072 and $371,427, but she had not made any mortgage payments since 2008; in fact, the loan had defaulted, and the property had gone into foreclosure. She also claimed real estate tax deductions in those same tax years, when, in reality, the real estate taxes had been paid by the mortgage lender and not by Ingram. By falsifying the deductions and losses, Ingram fraudulently reduced her tax liability by more than $126,000.
The charge of filing false tax returns provides for a sentence of no greater than three years in prison, one year of supervised release, and a fine of $250,000 or twice the gross gain or loss. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement. Assistant U.S. Attorney Sandra S. Bower of Lelling’s Criminal Division is prosecuting the case.
Local Pharmacies and Owner Agree to Pay $100,000 to Resolve Alleged Violations of the Controlled Substances ActRead the Press Release
PITTSBURGH – Accuserv Pharmacy, with two locations in North Huntington and Pittsburgh, and its owner Marvin P. Sheffler, Jr., a registered pharmacist, agreed to pay $100,000 in civil penalties to resolve allegations that they failed to keep and maintain accurate records of controlled substances, United States Attorney Scott W. Brady announced today.
The Controlled Substances Act mandates registered pharmacies and pharmacists to adhere to strict requirements regarding inventory control and recordkeeping. These requirements ensure that pharmacies account for controlled substances from the time of purchase until they are dispensed to patients. The alleged violations include failure to keep accurate records of hydrocodone, oxycodone, oxymorphone, methadone, and carisoprodol.
"Pharmacies and pharmacists are required by law to keep accurate records to ensure that highly addictive drugs do not end up being diverted for illegal purposes," U.S. Attorney Brady said. "A failure to do so puts public safety at risk, which we can not tolerate."
The United States Attorney commended the work of the Drug Enforcement Administration for conducting the investigation in this matter. Assistant United States Attorney Rachael L. Mamula handled the settlement on behalf of the United States.
Laguna Pueblo Man Pleads Guilty to Federal Kidnapping ChargeRead the Press Release
ALBUQUERQUE – Aaron Alonzo, 35, an enrolled member of Laguna Pueblo who resides in Dulce, N.M., pled guilty yesterday in federal court in Albuquerque, N.M., to a kidnapping charge. Alonzo entered the guilty plea under a plea agreement that recommends a prison sentence within the range of 60 to 120 months followed by a term of supervised release to be determined by the court.
Alonzo was arrested on Feb. 6, 2017, on an indictment charging him with aggravated sexual abuse, kidnapping, and assault of an intimate partner by strangling or suffocating. According to the indictment, Alonzo committed the offenses on Nov. 7, 2015, on the Jicarilla Apache Indian Reservation in Rio Arriba County, N.M.
During yesterday’s proceedings, Alonzo pled guilty to the kidnapping charge. In entering the guilty plea, Alonzo admitted seizing and confining the victim in a residence against her will on Nov. 7, 2015, to prevent her from calling the police. Alonzo also admitted threatening the victim with physical violence if she attempted to leave the residence or to reveal his presence to a visitor in the residence. When the victim escaped from the residence the following morning, Alonzo fled when he learned that the police had been called.
Alonzo remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Jicarilla Apache Tribal Police Department. Assistant U.S. Attorney Michael D. Murphy is prosecuting the case as part of 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 American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven 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.
Katie Stygles Sentenced for Defrauding Bradford EmployerRead the Press Release
The United States Attorney for the District of Vermont announced that Katie Stygles, 29, of Piermont, New Hampshire, was sentenced today in United States District Court in Rutland to five years of probation following her guilty plea to a charge of credit card fraud. Chief U.S. District Judge Geoffrey Crawford also ordered that Stygles pay restitution totaling $71,583.On September 28, 2017, a federal grand jury in Burlington returned a two-count indictment charging Stygles with wire fraud and access device fraud. According to the indictment, Stygles began working for ARC Mechanical Contractors in Bradford, Vermont in 2010. In February 2016, she was promoted to the position of office manager. In that job, Stygles had access to the company credit card number, which she used to order supplies.
According to the indictment, beginning in August 2016 and continuing through early May 2017 when she was fired, Stygles used the ARC Mechanical credit card about 130 times to purchase tack, barn supplies and equine, canine and livestock products for KMS Stables, a business that Stygles owned. She ordered the products from a vendor in Ohio using ARC Mechanical’s telephones and computers. During this time period, Stygles also diverted customer payments that were intended for ARC Mechanical into a Pay-Pal account for KMS Stables, and used ARC Mechanical’s United Parcel Service account to pay for goods she was shipping to customers of KMS Stables.
The indictment charges that the total fraud amounted to more than $70,000.
This case was investigated by the Bradford Police Department and the United States Secret Service.
Stygles is represented by Assistant Federal Defender Steven Barth. The prosecutor is Assistant U.S. Attorney Gregory Waples.
KC Man Pleads Guilty to Illegal Firearm After Police ChaseRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., man who led police officers on a high-speed chase after escaping from the hospital where he was confined pleaded guilty in federal court today to illegally possessing a firearm.
Johnny K. McDaniel, 29, pleaded guilty before U.S. District Judge Gary A. Fenner to one count of possessing a firearm in furtherance of a drug-trafficking crime and one count of being a felon in possession of a firearm.
By pleading guilty today, McDaniel admitted that he was in possession of a loaded Ruger 9mm pistol at the time of his arrest. McDaniel was placed under guard at a local hospital after his arrest but escaped and, when found a week later, led law enforcement officers on a high-speed pursuit before being recaptured.
Kansas City police officers saw McDaniel, who was driving a grey Pontiac, fail to stop for a stop sign on Feb. 20, 2017. Officers turned around to get behind his vehicle, but he drove off at a high rate of speed. The officers discovered the Pontiac crashed a short time later at the intersection of 23rd Street and Poplar Avenue. McDaniel, who was unconscious, was seated in the driver’s seat with the vehicle still running and in drive.
One of the officers reached into the vehicle, put it in park and turned off the ignition. McDaniel woke up; he appeared to be startled and attempted to put the vehicle back into drive. In response, the officer grabbed him, pulled him from the driver’s seat, and tried to handcuff him. McDaniel immediately began resisting by pulling his hands away from both officers. He tried to turn to face the officers several times, kicked and placed his hands and arms under his chest and stomach. McDaniel was eventually handcuffed and arrested for attempting to flee the scene of an accident and resisting arrest.
McDaniel had a baggie that contained 42.4717 grams of methamphetamine in his pocket at the time of his arrest. Officers also found the Ruger pistol on the driver’s side floorboard of the Pontiac (along with a live round and a spent shell casing) and a plastic baggie that contained 1.4443 grams of marijuana on the driver’s seat.
McDaniel was transported to Truman Medical Center where he was to remain under guard. The next day, however, on Feb. 21, 2017, he escaped from the hospital.
Investigators found McDaniel on Feb. 27, 2017, driving a GMC Envoy. Officers attempted to conduct a car stop but McDaniel fled into Kansas City, Kan. During the car chase, officers saw McDaniel commit numerous traffic violations including speeding, swerving into oncoming traffic and failing to stop for traffic signals. McDaniel drove over two sets of “stop sticks” deployed by officers before finally crashing the vehicle. McDaniel and his passenger, co-defendant Victoria Harness, 27, of Kansas City, Mo., fled from the vehicle, but both were apprehended a short time later. Officers found 27.3370 grams of methamphetamine on the driver’s side floorboard of the vehicle.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. McDaniel has a prior felony conviction for possession of a controlled substance.
Harness pleaded guilty to being a felon in possession of a firearm and was sentenced on July 30, 2018, to eight years and four months in federal prison without parole.
Under federal statutes, McDaniel is subject to a mandatory minimum sentence of five years in federal prison without parole, up to a sentence of life 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 Alison D. Dunning. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Kansas City, Mo., Police Department and the Kansas City, Kan., Police Department.
Justice Department Announces $3.4 Billion in Grants to Aid Crime Victims NationwideRead the Press Release
The Department of Justice today announced awards totaling more than $3.4 billion to fund thousands of local victim assistance programs across the country and to help compensate victims in every state for crime-related losses. Distributed through two grant programs administered by the Office for Victims of Crime (OVC), a component of the Department’s Office of Justice Programs, the awards surpass every other single-year grant amount in the program’s 34-year history.
The grants are supported by the Crime Victims Fund, a repository of federal criminal fines, fees, and special assessments. The fund includes zero tax dollars.
"I’ve been in or around law enforcement for nearly 40 years and some of the strongest and most inspiring people I have met have been survivors of crime," said Attorney General Sessions. "We must ensure that this Department is always responsive to their needs and working for them. Today the Department continues its support by offering billions of dollars in services for crime victims. Through this grant funding from the Crime Victims Fund, we are helping victims walk the long and difficult road to recovery."
Most of the funds – more than $3.3 billion – are being awarded to states under the Victims of Crime Act (VOCA) Victim Assistance Formula Grant Program and will support local government and community-based victim services. In 2017, VOCA grants funded more than 6,700 local organizations across the country. Over the last two years, VOCA-funded programs have reached more than 5.2 million victims, providing services ranging from emergency shelter and transportation to crisis counseling, long-term therapy, and civil legal assistance.
Victim compensation programs, operating in all 50 states, two territories, and the District of Columbia, are receiving almost $129 million to reimburse victims and survivors for medical fees, lost income, dependent care, funeral expenses, and other costs. This compensation is often a lifeline to victims who face enormous financial setbacks on top of the emotional strife they experience.
“Americans suffer from millions of violent acts every year, and only a fraction of victims get the help they so desperately need and deserve,” said OVC Director Darlene Hutchinson. “This historically large funding will vastly expand the network of services available, allowing state and local officials to determine where resources are needed so that survivors in every corner of our country have a place they can turn to for support.”
The Office of Justice Programs provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice and assist victims. OJP has six bureaus and offices: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking (SMART). More information about OJP and its components can be found at www.ojp.gov.
Jury Convicts Providence Man of Possessing a Firearm in Furtherance of a Drug Trafficking CrimeRead the Press Release
PROVIDENCE, RI – A federal court jury in Providence today convicted Jhonmar Roman, 25, of Providence, of possessing a firearm in furtherance of a drug trafficking crime.
Previously in this case, Roman, a convicted felon, admitted to the Court that he trafficked fentanyl and cocaine, and, at the time of his arrest, was a felon in possession of a firearm. However, he denied the loaded gun located by law enforcement in his residence near his stash of fentanyl, cocaine, and $1,400 in cash was possessed in furtherance of his drug trafficking activities.
Roman’s conviction is announced by United States Attorney Stephen G. Dambruch and Newport Police Chief Gary T. Silva.
According to evidence presented to the jury, on September 14, 2017, Newport Police developed information that Roman would be delivering 10 grams of heroin to Bayside Village in Newport. Officers, who had a description of Roman’s vehicle, observed the vehicle exit the highway. The left front headlight was not working as it passed the officers. The vehicle was pulled over as it entered Bayside Village. Roman, who was driving the vehicle, was asked to exit the vehicle.
According to the government’s evidence, Roman at first told officers that he lived in East Providence and he denied having any drugs on him. Upon further questioning, Roman admitted that he lived in Providence and that he had 10 grams of heroin stashed in his underwear. Roman also told detectives that he had additional quantities of heroin and cocaine and a “burner,” or firearm, at his Providence residence. He agreed to allow the detectives to search his apartment.
When the suspected heroin was tested at a Drug Enforcement Administration forensic lab, it was determined that the heroin was actually fentanyl.
According to evidence presented to the jury, a search of Roman’s residence by Newport detectives resulted in the discovery of approximately 31 grams of fentanyl, 20 grams of cocaine, cutting agents, $1,400 in cash, and several items used in the packaging and distribution of illegal narcotics. About 10 feet away from the drugs, next to Roman’s bed on top of a stack of shoeboxes, detectives located a loaded .40 caliber semi-automatic handgun.
On May 2, 2018, appearing before U.S. District Court Chief Judge William E. Smith, Roman pled guilty to one count each of possession with intent to distribute fentanyl, possession with intent to distribute cocaine and felon in possession of a firearm.
Today, a federal court jury convicted Roman of possessing a firearm in furtherance of a drug trafficking crime. The trial was presided over by U.S. District Court Chief Judge William E. Smith.
Roman is scheduled to be sentence on November 23, 2018.
Possession of fentanyl with the intent to distribute and possession of cocaine with the intent to distribute are punishable by statutory penalties of up to 20 years in federal prison followed by 3 years to lifetime supervised release. Felon in possession of a firearm is punishable by up to 10 years in federal prison followed by up to 3 years supervised release.
Possession of a firearm in furtherance of a drug trafficking crime is punishable by a mandatory minimum sentence of 5 years - up to life in federal prison to be served consecutive to all other terms of incarceration imposed in this case.
The case is being prosecuted by Assistant U.S. Attorneys Richard W. Rose and Terrence P. Donnelly.
United States Attorney Stephen G. Dambruch acknowledges and thanks the Providence and Cranston Police Departments and the Drug Enforcement Administration for their assistance in the investigation of this matter.
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IRS Employee Pleads Guilty to Identity TheftRead the Press Release
An Atlanta, Georgia resident pleaded guilty today to one count of aggravated identity theft for her role in a stolen identity refund fraud scheme, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Byung J. Pak for the Northern District of Georgia.
According to documents and information presented in court, Stephanie Parker worked for the Internal Revenue Service (IRS) as a Contact Representative in Atlanta, Georgia. Between September 2012 and March 2013, taxpayers called into the IRS for assistance and Parker handled the taxpayers’ inquiries. During the calls, Parker obtained the taxpayers’ Social Security numbers and addresses. On at least five occasions, Parker used the taxpayers’ personal information to electronically file fraudulent tax returns in their names without their authorization. Parker directed the fraudulent tax refunds to bank accounts controlled by her friends. Parker, in turn, had the money withdrawn from at least one of those accounts and deposited a portion of the money into her own bank account and used it for personal expenses.
Parker faces a mandatory sentence of two years in prison, as well as a period of supervised release, restitution and monetary penalties. A sentencing date has not yet been scheduled.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Pak commended special agents of IRS–Criminal Investigation and Treasury Inspector General for Tax Administration (TIGTA), who conducted the investigation, and Trial Attorneys Michael Boteler, Alexander Effendi, and Melanie Smith of the Tax Division, who are prosecuting this case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Honduran Man Charged with Illegal ReentryRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Duane A. Evans announced that CELIO JAVIER JUAREZ-AGUILAR, age 25, a native of Honduras, was charged today in a one-count indictment with illegal reentry of a removed alien, in violation of Title 18, United States Code, Section 1326(a).
According to the indictment, JUAREZ-AGUILAR was previously removed from the United States on February 25, 2014. He was later found in the Eastern District of Louisiana on
July 15, 2018 and had not received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter.
If convicted, JUAREZ-AGUILAR faces a maximum term of imprisonment of ten years, a fine of $250,000, three years of supervised release, and a $100 special assessment fee.
U.S. Attorney Evans reiterated that an indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the United States Immigration and Customs Enforcement agency in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
Honduran Man Charged with Illegal Re-entryRead the Press Release
United States Attorney Duane A. Evans announced that JOSE ANGEL ESPINOZA-FUENTES, age 42, a native of Honduras, was charged today in a one-count indictment with illegal reentry of a removed alien, in violation of Title 18, United States Code, Section 1326(a).
According to the indictment, ESPINOZA-FUENTES was previously removed from the United States on July 22, 2011. He was later found in the Eastern District of Louisiana on
July 1, 2018 and had not received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter.
If convicted, ESPINOZA-FUENTES faces a maximum term of imprisonment of two years, a fine of $250,000, one year of supervised release, and a $100 special assessment fee.
U.S. Attorney Evans reiterated that an indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the United States Immigration and Customs Enforcement agency in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
Hamden Man Sentenced to Prison for Tax EvasionRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that IRA MALKIN, 49, of Hamden, was sentenced today by Chief U.S. District Judge Janet C. Hall in New Haven to six months of imprisonment, followed by three years of supervised release, for tax evasion. During his term of supervised release, MALKIN must spend six months in home confinement and perform 200 hours of community service.
According to court documents and statements made in court, MALKIN worked as a principal salesman for Good Copy Printing Center Inc. (GCP), a printing company located in New Haven. MALKIN earned substantial commissions from GCP based on sales made to customers. Between approximately 2003 and 2012, GCP paid many of MALKIN’s personal expenses. With MALKIN’s consent, GCP reduced MALKIN’s commissions by the amount of personal expenses the company paid. GCP then reported to the IRS through filed W-2 forms that MALKIN had earned substantially less income than he truly earned.
In addition, GCP handled printing jobs for Comcast, which included GCP mailing out flyers and paying the relevant postage expense with the expectation that GCP would subsequently be reimbursed for that expense. MALKIN had GCP pay the postage expense for the Comcast mailings, had Comcast reimburse him for the cost of the mailings, and then had GCP reduce his earned commissions by the amount of postage paid by GCP. Through this arrangement, between approximately 2009 and 2012, GCP further underreported MALKIN’s income on W-2 forms filed with the IRS.
Through this scheme, MALKIN underreported more than $1.5 million in income, and failed to pay $484,581 in federal income taxes.
MALKIN has paid all of his back taxes, but still owes the IRS more than $700,000 in interest and penalties.
On February 27, 2018, MALKIN pleaded guilty to one count of tax evasion.
MALKIN, who is released on a $50,000 bond, was ordered to report to prison on October 11, 2018.
This matter was investigated by the Internal Revenue Service, Criminal Investigation Division. The case was prosecuted by Assistant U.S. Attorney Christopher W. Schmeisser.
Haitian Citizen Sentenced for Illegal Re-EntryRead the Press Release
PLATTSBURGH, NEW YORK – Lemarin Bolivard, age 43, and of a citizen of Haiti, was sentenced today to time served (69 days in jail) for illegally re-entering the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Acting Chief Patrol Agent, United States Border Patrol, Swanton Sector.
On September 15, 2009, Bolivard was ordered removed from the United States. On August 10, 2017, he voluntarily departed the United States by illegally entering Canada. On June 2, 2018, he illegally entered the United States from Canada with three other people, by walking through the woods in Champlain, New York. Border Patrol Agents then discovered Bolivard sleeping in a vehicle in a motel parking lot in Plattsburgh.
Following the sentencing, Bolivard was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by United States Border Patrol and was prosecuted by Assistant U.S. Attorney Douglas Collyer.
Hacker Charged with Illegally Accessing Computer Network of Bay Area CompanyRead the Press Release
SAN FRANCISCO – Martin Marsich made an initial appearance today on a criminal complaint charging him with crimes related to the illegal intrusion of the computer network of a Bay Area video-game company, announced United States Attorney Alex G. Tse and Federal Bureau of Investigation Special Agent in Charge John F. Bennett.
The allegations against Marsich, 25, whose last known residence was in Udine, Italy, and who possessed passports from both Serbia and Italy, are set out in an affidavit by an agent of the Federal Bureau of Investigation filed this morning in connection with the criminal complaint. According to the affidavit, on March 25, 2018, a video-game company headquartered in the Bay Area discovered that an individual had illegally accessed its internal computer network and granted access to parts of the company’s systems. The intruder, later identified as Marsich, gained access to 25,000 accounts that allow customers to purchase items for use in video games.
In addition, Marsich allegedly used some of the information he obtained from the computer system to obtain in-game currency, used to buy and sell in-game items. The complaint further alleges Marsich sold access to the on-line game on black-market websites. After making the discovery of the intrusion, the company allegedly closed the stolen accounts and suffered a loss of approximately $324,000.
The complaint charges Marsich with intentionally accessing a protected computer without authorization to obtain information for the purposes of commercial advantage and private financial gain, in violation of 18 U.S.C. § 1030(a)(2)(C) and (c)(1)(B)(i), and accessing a protected computer to defraud and obtain anything of value, in violation of 18 U.S.C. § 1030(a)(4).
Marsich was arrested at San Francisco International Airport last night and made his initial appearance in federal court in San Francisco today. Magistrate Judge Corley ordered Marsich released to a half-way house on the condition that he post the equivalent of $750,000 in cryptocurrency for bail. Magistrate Judge Corley set Marsich’s next court appearance for August 13, 2018, to confirm the posting of the cryptocurrency and to set further dates in the case.
A complaint merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a maximum sentence of five years’ imprisonment, and a fine of $250,000, plus restitution if appropriate for each violation. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Susan Knight is prosecuting the case with the assistance of Elise Etter. The prosecution is the result of an investigation by the Federal Bureau of Investigation.
Habitual Offender Sentenced to 37 Months in Prison for Domestic Assault on the Pascua Yaqui Tribe ReservationRead the Press Release
TUCSON, Ariz. – Today, Jesus Gabriel Alvarez, 30, of Tucson, Ariz., was sentenced by U.S. Chief District Judge Raner C. Collins to 37 months in prison, followed by a three-year term of supervised release. Alvarez had previously pleaded guilty to domestic assault by a habitual offender.
The evidence showed that on New Year’s Day, 2017, Alvarez choked and strangled the victim during a domestic dispute. At the time of the assault, Alvarez had been convicted of at least two prior domestic assault offenses in Pascua Yaqui Tribal Court. Both he and the victim are enrolled members of the Pascua Yaqui Tribe.
The investigation in this case was conducted by the Pascua Yaqui Police Department. The prosecution was handled by Rui Wang, Assistant U.S. Attorney, District of Arizona, Tucson, and Alicia R. Robertson, Special Assistant U.S. Attorney and Deputy Prosecutor with the Pascua Yaqui Tribe.
CASE NUMBER: CR-17-0638-TUC-RCC-LAB
RELEASE NUMBER: 2018-104_Alvarez
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Guatemalan Man Charged with Illegal ReentryRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Duane A. Evans announced that NERI OSBELI ARGUETA-CHUN, age 25, a native of Guatemala, was charged today in a one-count indictment with illegal reentry of a removed alien, in violation of Title 18, United States Code, Section 1326(a).
According to the indictment, ARGUETA-CHUN was previously removed from the United States on March 30, 2016. He was later found in the Eastern District of Louisiana on
July 19, 2018 and had not received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter.
If convicted, ARGUETA-CHUN faces a maximum term of imprisonment of two years, a fine of $250,000, one year of supervised release, and a $100 special assessment fee.
U.S. Attorney Evans reiterated that an indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the United States Immigration and Customs Enforcement agency in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
Great Falls Man Sentenced to Prison on Child Pornography ChargesRead the Press Release
GREAT FALLS - A Great Falls man was sentenced today for receipt of child pornography. United States District Judge Brian M. Morris sentenced Shale Dean Brandt, 43, to 72 months in prison, 5 years of supervised release, and a $100 special assessment. Brandt was also ordered to pay $33,136.40 in restitution.
The charge stemmed from an investigation by Homeland Security Investigations into an Interpol tip that showed Brandt participated in chats and expressed a sexual interest in children. Brandt was interviewed and consented to the search of numerous electronic devices. A total of 551 specific images and 24 videos were found on the devices. A certified forensic examiner analyzed the three devices and found the devices contacted files, images, and videos depicting child pornography. The video files depicted images of prepubescent children involved in sexually explicit conduct. In one instance, the defendant communicated with a Montana woman who provided the defendant with images of child pornography of her 10-year old daughter.
The case was investigated by Homeland Security Investigations and prosecuted by Assistant U.S. Attorney Tom Bartleson.
This case was initiated under the Department of Justice’s Project Safe Childhood initiative which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation. It is implemented through partnerships including the Montana Internet Crimes Against Children (ICAC) Task Force. The ICAC Task Force Program was created to assist state and local law enforcement agencies by enhancing their investigative response to technology facilitated crimes against children.
Great Falls Man Sentenced for Great Falls Methamphetamine Distribution RingRead the Press Release
GREAT FALLS - The United States Attorney’s Office announced today that 62-year old Jack Tome of Great Falls was sentenced to 72 months in prison, five years of supervised release, and a $100 special assessment. U.S. District Judge Brian M. Morris presided over the hearing.
In the spring of 2016, the Russell County Drug Task Force began investigating the defendant, Jack Tome, for distributing methamphetamine. The defendant shared a house in Great Falls with his girlfriend, and law enforcement was aware that numerous individuals frequented the home in order to obtain methamphetamine. Other sources told the police that the defendant conducted the majority of his methamphetamine business in the detached garage of the house.
On September 8, 2016, detectives received information that the defendant had traveled to Washington to obtain methamphetamine with Juan Magana. The following day, detectives observed Magana drop the defendant off at his home in Great Falls. Detectives then obtained a search warrant for the home and garage, and found the defendant weighing methamphetamine and dividing it into smaller quantities. Magana was previously convicted and sentenced for his involvement in this drug crime.
The defendant spoke with detectives and acknowledged he had been receiving methamphetamine from Magana. He also explained that he was expecting customers for the methamphetamine he had just received at the time the detectives executed the search warrant. The defendant said he typically purchased an ounce of methamphetamine from Magana for $800, and resold the methamphetamine for $50 a half-gram, $100 a gram, and $275 for 3.5 grams of methamphetamine.
Detectives seized three baggies of methamphetamine from the defendant’s coat pockets. Detectives also seized a bag of methamphetamine from a shop table in the garage, and a bag of methamphetamine from the defendant’s pants pocket. In total, detectives seized 71.39 grams of actual methamphetamine from the defendant.
Tome has a history of felony drug convictions.
The case was prosecuted by Assistant U.S. Attorney Jessica Betley and investigated by Homeland Security Investigations, and the Russell Country Drug Task Force.
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.
Goffstown Woman Sentenced to 200 Months in Prison for Methamphetamine TraffickingRead the Press Release
CONCORD – United States Attorney Scott W. Murray announced that Katrina Jones, 39, formerly of Goffstown, New Hampshire, was sentenced to 200 months in federal prison for drug trafficking offenses.
According to court documents and statements made in court, Jones and Dustin Moss led a drug distribution network in New Hampshire. Together, they organized a system to facilitate deliveries of methamphetamine to various New Hampshire addresses. Jones and Moss imported a large quantity of nearly pure methamphetamine, contained in multiple packages mailed from Las Vegas, Nevada, to New Hampshire, beginning in mid-2016 and continuing until April 2017. Many of the packages weighed more than 5 pounds. Federal agents intercepted some of the packages in transit through the postal system. The final two packages, intercepted in April 2017, contained a total of 20 pounds of methamphetamine. In addition, 21 packages containing cash payments for the methamphetamine were sent from New Hampshire to the Las Vegas-based methamphetamine supplier. Jones controlled communications with the supplier and traveled to Las Vegas to meet with her supplier. She also used a U-Haul storage facility in Manchester, New Hampshire, to receive drug packages, sometimes in concert with Moss. Finally, Jones also distributed fentanyl as well as methamphetamine.
Jones pleaded guilty on April 27, 2018, to three felony drug distribution counts for distribution of fentanyl, distribution of 5 grams or more of methamphetamine, and distribution of 50 grams or more of methamphetamine.
On August 2, 2018, Dustin Moss was sentenced to 25 years in prison after pleading guilty to drug distribution and firearms charges. On June 28, 2018, Sabrina Moss, who was also part of the drug distribution network, was sentenced to six years in prison after pleading guilty to participating in a methamphetamine trafficking conspiracy.
“Illegal drug distribution rings, like the one prosecuted in this case, are a threat to public health and safety, particularly when they traffic in drugs as dangerous as methamphetamine and fentanyl,” said U.S. Attorney Murray. “The significant prison sentence imposed in this case should serve notice that the cost of illegal drug dealing in New Hampshire will be high and that the U.S. Attorney’s Office is vigilant in prosecuting drug traffickers. I commend the law enforcement agents whose dedication and hard work led to the discovery and dismantling of this drug distribution network.”
“The U.S. Postal Inspection Service works diligently to rid the U.S. Mail of illegal drugs,” said Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service, Boston Field Division. “Postal Inspectors accomplish this by focusing on illicit drug mailers, distribution rings and by maintaining an aggressive drug parcel-detection program. Today’s sentencing is a result of a coordinated effort with our federal law enforcement partners to keep these highly addictive drugs off our streets.”
“DEA is committed to bring to justice those that distribute methamphetamine,” said DEA Special Agent in Charge Brian D. Boyle. “DEA and its local, state and federal law enforcement partners will do everything in our power to keep this highly addictive drug off the streets of New Hampshire.”
This case was investigated by the U.S. Postal Inspection Service and the DEA, and prosecuted by former Assistant United States Attorney William Morse and Assistant U.S. Attorneys John S. Davis and Shane B. Kelbley.
OCDETF: This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
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Fresno Man Indicted on Firearms ChargesRead the Press Release
FRESNO, Calif. — A federal grand jury returned an indictment today against Kalif Eban Bess, 43, of Fresno, charging him with being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, on May 5, 2018, a .357 revolver with six live rounds was discovered in Bess’s backpack. Bess was prohibited from possessing a firearm based on prior felony convictions.
This case is the product of an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Fresno Police Department, and the Fresno County District Attorney’s Office. Assistant U.S. Attorney Mark J. McKeon is prosecuting the case.
If convicted, Bess faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
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.
Fourth Circuit Court of Appeals Affirms Deadly Heroin Distribution Conviction and 324-Month SentenceRead the Press Release
RALEIGH- United States Attorney Robert J. Higdon, Jr., announced that yesterday the United States Court of Appeals for the Fourth Circuit affirmed the conviction and sentence of ELTON WAYNE WALSTON, age 67, of Wilson, North Carolina, who was sentenced by United States District Judge Louise W. Flanagan to 324 months’ imprisonment and 3 years’ supervised release.
In 2015, the Wilson Police Department and Drug Enforcement Administration (DEA), Raleigh, North Carolina, identified WALSTON as a source of heroin in the Wilson, Greenville, and Nash County areas. Investigation confirmed that the defendant sold heroin on multiple occasions, including a March 2015 sale that led to the death of a Wilson man.
SARAH ANNE MOLLENHAUER, 33, of Anthem, Arizona, pleaded guilty to a Superseding Criminal Information on November 15, 2016 that charged her with distribution of a quantity of heroin and aiding and abetting. She was sentenced to 45 months’ imprisonment and 3 years’ supervised release for her role in facilitating the sale of heroin that led to the victim’s death. MOLLENHAUER testified during WALSTON’s June 2017 trial.
The trial evidence showed that on March 26, 2015, MOLLENHAUER and the victim used heroin obtained from WALSTON. The next morning, MOLLENHAUER notified the mother of the victim that her son was not breathing and that he was at his brother’s residence on Dover Road in Wilson. At the scene, officers located and questioned MOLLENHAUER. Specifically, MOLLENHAUER advised that she and the victim “hung out” on the evening of March 26, 2015. Furthermore, MOLLENHAUER advised that she left the victim around 12:30am on March 27, 2015, to meet her boyfriend. MOLLENHAUER returned to the residence with her boyfriend, a nurse, to check on the victim who was lying on the floor with his eyes closed and breathing heavily. MOLLENHAUER and her boyfriend left the residence at 1:30am. MOLLENHAUER indicated she returned at 5:30am to again check on the victim’s condition. At that time, she found the victim lying on the bathroom floor and not breathing. He was pronounced dead on the scene by responding EMS personnel at 6:21 am. Based on this and other evidence, a jury found WALSTON guilty of one count of distributing heroin that resulted in the death; one count of possession with intent to distribute heroin; one count of illegally possessing a firearm and ammunition; and four counts of distribution of heroin.
WALSTON appealed to the United States Court of Appeals for the Fourth Circuit, arguing that limitations on his cross-examination of MOLLENHAUER violated his constitutional right to confront his accusers. The Fourth Circuit Court of Appeals, however, explained that the district court “properly allowed WALSTON to investigate the witness’ motivation during cross-examination without bringing out the exact penalties” she would have faced if convicted of distribution of heroin resulting in death. Accordingly, the Fourth Circuit affirmed WALSTON’s conviction and sentence.
U.S. Attorney Higdon commented: “I am pleased that the Fourth Circuit Court of Appeals has affirmed this conviction and sentence as we continue to try to stem the tide of drug distribution and death from overdose in the Eastern District of North Carolina. This was the first Eastern District of North Carolina prosecution using the drug-distribution-resulting-in-death statutory enhancement, but sadly it will not be the last. Our district, like those across the nation, has seen an increase in opioid overdoses and deaths, and we are committed to using all the tools available to make our community a safer place.”
The case was investigated by the DEA Raleigh Resident Office, Wilson Police Department, North Carolina State Office of the Chief Medical Examiner, the North Carolina State Bureau of Investigations Crime Lab, and the Bureau of Alcohol Tobacco and Firearms (ATF). The federal prosecution was handled by Assistant United States Attorney Edward D. Gray. The appeal was handled by Assistant United States Attorney Kristine L. Fritz.
The United States Court of Appeals for the Fourth Circuit hears appeals from the nine federal district courts located in North Carolina, South Carolina, Virginia, Maryland, and West Virginia, as well as from federal administrative agencies. More information about the Court can be found on its website, http://www.ca4.uscourts.gov. The Court’s opinion in this case can be found at: http://www.ca4.uscourts.gov/opinions/174683.U.pdf, and the United States Attorney’s previous press releases regarding this case can be found at https://www.justice.gov/usao-ednc/pr/wilson-city-drug-trafficker-found-guilty-heroin-distribution-resulted-death and https://www.justice.gov/usao-ednc/pr/wilson-drug-trafficker-sentenced-after-conviction-deadly-heroin-distribution.
Former breast cancer center business manager sentenced to 33 months for wire, tax fraudRead the Press Release
LAFAYETTE, La. – United States Attorney David C. Joseph announced that a Youngsville woman was sentenced Tuesday to two years and nine months in prison for stealing nearly $200,000 while working as business manager at a local breast cancer center and to filing false income tax returns.
Sarah J. Broussard, 48, of Youngsville, Louisiana, was sentenced by U.S. District Judge S. Maurice Hicks Jr. on one count of wire fraud and one count of making and subscribing a false income tax return. She was also sentenced to three years of supervised release, ordered to pay $197,227 to the breast cancer center and ordered to pay $48,838 to the IRS. According to the April 4, 2018 guilty plea, Broussard embezzled from the breast cancer center while working there as the business manager beginning in late 2009 and continuing through November 2014. She also did not report the stolen money as income on her income taxes returns for tax years 2010 to 2014.
The IRS - Criminal Investigative Division, U.S. Secret Service and Lafayette Police Department conducted the investigation. Assistant U.S. Attorney Daniel J. McCoy prosecuted the case.
Former Department of Veterans Affairs Employee Pleads Guilty to Fraud Against His Former EmployerRead the Press Release
PHILADELPHIA, PA – U.S. Attorney William M. McSwain announced that Shawn Edmonds, a 43-year old resident of Willow Grove, Pennsylvania, pleaded guilty today before the Honorable Gerald J. Pappert to five counts of wire fraud and three counts of aggravated identify theft related to a scheme to defraud the Department of Veterans Affairs of over $800,000.
Edmonds was an employee at the Department of Veterans Affairs in Philadelphia where his duties included the review, approval, and authorization of veteran claims. Edmonds accessed the personal identification information of veterans and veteran spouses in order to manipulate pre-existing claims and create fake claims using veteran identities. Prior to authorizing the fictitious claims, Edmonds changed the direct deposit information for the claims, thereby diverting the stolen funds to the accounts of over 15 co-schemers. Edmonds then received a portion of the stolen monies as a kickback. Edmonds manipulated records internally to avoid detection in this scheme, which occurred between July 2011 and April 2013.
“This defendant used his access to sensitive personal information of our nation’s veterans—those who have honorably served our country—to enrich himself,” said U.S. Attorney McSwain. “This Office will not tolerate government employees using their position to commit fraud against the government, and we will prosecute those who abuse the public’s trust to the fullest extent of the law.”
“The American public expects the Department of Veterans Affairs to spend limited taxpayer funds efficiently and economically. Fraud and other corrupt behavior by VA employees wastes precious dollars intended to provide critical benefits to our disabled veterans. Today’s guilty plea should serve as a deterrent to those who would seek to use their position of public trust to defraud the VA,” said VA OIG Special Agent-in-Charge Sean J. Smith. “We appreciate the commitment of the U.S. Attorney’s Office throughout this significant investigation. We will continue to work closely with our law enforcement partners to prevent this type of fraud and hold wrongdoers accountable.”
The case was investigated by the Department of Veteran Affairs, Office of Inspector General and Social Security Administration, Office of Inspector General and is being prosecuted by Assistant United States Attorney Alicia Freind.