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Thursday 9 August 2018
Former Belmont Resident Sentenced for $6 Million Investment Fraud SchemeRead the Press Release
BOSTON – A former Belmont resident was sentenced today in federal court in Boston in connection with a decade-long Ponzi-style investment scheme in which he defrauded 15 investors of over $6 million.
John William Cranney, a/k/a Jack Cranney, 77, of El Paso, Texas, was sentenced by U.S. District Court Judge Indira Talwani to five years in prison, three years of supervised release and ordered to pay restitution of $5,587,432. In May 2018, Cranney was convicted following a two-week trial on three counts of wire fraud, 12 counts of mail fraud and three counts of money laundering. Pending reporting to prison on Sept. 21, 2018, Cranney remains released on conditions including travel restricted to El Paso County, Texas.
From 2001 through 2012, Cranney solicited money from people with whom he had personal and business relationships and represented that he would invest their money in an investment fund or a retirement plan he said he managed. However, instead of investing the money, Cranney spent his victims’ savings and retirement on his own bills and debts to fund his declining health and nutrition products distributorship. To carry out his scheme, Cranney created shell companies that he named specifically to sound like investment funds. He also set up a sham Employee Stock Ownership Plan to convince victims to transfer their IRA and 401k retirement funds to him. Cranney’s scheme ultimately collapsed in early 2012 when he could not obtain new investment money to pay back earlier investors who were demanding the return of their funds.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Carol S. Hamilton, Acting Regional Director of the U.S. Department of Labor, Employee Benefits Security Administration made the announcement today. The U.S. Attorney’s Office also received assistance from the Office of the Secretary of State of the Commonwealth of Massachusetts and the U.S. Trustee’s Office in Boston. Assistant U.S. Attorneys Mark J. Balthazard and Kriss Basil of Lelling’s Economic Crimes Unit prosecuted the case.
Felon from Silver City Pleads Guilty to Federal Heroin Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Christopher Murillo, 38, of Silver City, N.M., pled guilty yesterday in federal court in Las Cruces, N.M., to a heroin trafficking charge and being a felon in possession of a firearm and ammunition.
Murillo was arrested on Feb. 11, 2018, on a criminal complaint alleging drug trafficking and firearms offenses. According to the complaint, Silver City Police Department officers seized approximately 30.2 grams of heroin, 412.7 grams of marijuana, a loaded firearm, and drug paraphernalia in Murillo’s vehicle while executing a search warrant following a traffic stop on July 6, 2017, in Grant County, N.M. Murillo was prohibited from possessing firearms or ammunition, because of his prior felony convictions for aggravated burglary, larceny, larceny of a firearm, and breaking and entering.
During yesterday’s proceedings, Murillo pled guilty to a felony information charging him with possessing heroin with intent to distribute and being a felon in possession of a firearm and ammunition. In entering the guilty plea, Murillo admitted that on July 6, 2017, Silver City Police Department officers found 30 grams of heroin and a firearm in his vehicle while executing a search warrant after an officer smelled marijuana emitting from his vehicle during a traffic stop. Murillo admitted ownership of both the heroin and firearm, and acknowledged that that he intended to distribute the heroin to others in exchange for money. Murillo also acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
At sentencing, Murillo faces a maximum penalty of 20 years in federal prison. He remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by Homeland Security Investigations and the Silver City Police Department. Assistant U.S. Attorney Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Federal Grand Jury Indicts Kenner Man for Gun OffenseRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced that BERNEL MICHAEL RHODES, age 20, a resident of Kenner, Louisiana, was charged in a one-count indictment by a Federal Grand Jury for being a felon in possession of a firearm.
If convicted, RHODES faces a maximum term of imprisonment of ten years for being a felon in possession of a firearm.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by the Violent Crime/Strike Force Unit of the U.S. Attorney’s Office.
Federal Grand Jury Criminal Indictments AnnouncedRead the Press Release
United States Attorney Trent Shores announced today the results of the August 2018 Federal Grand Jury.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Adam Gallardo Arrendondo. Illegal Remuneration for Health Care Referrals. Arrendondo, 56, of Waxahachie, Texas, is charged with soliciting and receiving checks in exchange for referring compounding prescriptions paid for by federal programs. Compounding prescriptions are the result of combining or altering ingredients to create a medication tailored to the needs of an individual patient, and are not FDA approved. If convicted, he faces a maximum penalty of 10 years in prison and a $100,000 fine. The Federal Bureau of Investigation, United States Department of Health and Human Services-Office of Inspector General, the Defense Criminal Investigative Service, the Department of Labor-Office of Inspector General, the Internal Revenue Service, and the United States Postal Service-Office of Inspector General are the investigative agencies.
John Terry Chatman, Jr. Felon in Possession of a Firearm and Ammunition; Obstruction of Justice by Attempting to Kill a Witness; Carrying, Using, and Discharging a Firearm During and in Relation to a Crime of Violence. Chatman, 34, of Tulsa, is charged with possessing a 32 caliber revolver and ammunition after prior felony convictions, attempting to kill a Tulsa police officer, and carrying and discharging a firearm during a crime of violence. If convicted, he faces a maximum penalty of 10 years in prison and a $250,000 fine for the felon in possession of a firearm and ammunition charge; a maximum penalty of 30 years in prison and a $250,000 fine for the obstruction of justice by attempting to kill a witness charge; and a mandatory minimum penalty of 10 years in prison, consecutive to any other term of imprisonment, and a $250,000 fine for the carrying, using, and discharging a firearm during and in relation to a crime of violence charge. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tulsa Police Department are the investigative agencies.
Darowe Junior Jones. Felon in Possession of Firearm and Ammunition; Drug Conspiracy; Possession with Intent to Distribute Methamphetamine; Possession with Intent to Distribute Heroin; Possession with Intent to Distribute Cocaine; Possession with Intent to Distribute Marijuana; Possession of Firearm in Furtherance of a Drug Trafficking Crime; Maintain Drug Involved Premises; Destruction or Removal of Property to Prevent Seizure. Jones, 38, of Tulsa, is charged with possessing two 9mm pistols and ammunition after prior felony convictions; possessing a pistol to further a drug trafficking crime; conspiracy to possess and distribute methamphetamine, heroin, cocaine, and marijuana; maintaining a place to store and distribute drugs; and removing drug proceeds from a residence to prevent them from being seized. If convicted, he faces a maximum penalty of 10 years in prison and a $250,000 fine for the felon in possession of firearm and ammunition charges; a maximum penalty of 40 years in prison and a $5,000,000 fine for the drug conspiracy charges; a maximum penalty of 40 years in prison and a $5,000,000 fine for the possession with intent to distribute methamphetamine charge; a maximum penalty of 20 years in prison and a $1,000,000 fine for the possession with intent to distribute heroin and cocaine charges; a maximum penalty of 5 years in prison and a $250,000 fine for the possession with intent to distribute marijuana charges; a maximum penalty of life in prison and a $250,000 fine for the possession of firearm in furtherance of a drug trafficking crime charge; a maximum penalty of 20 years in prison and a $500,000 fine for the maintaining drug involved premises charges; and a maximum penalty of 5 years in prison and a $250,000 fine for the destruction and removal of property to prevent seizure charge. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, and the Tulsa Police Department are the investigative agencies.
Dannie Dee Dill. Felon in Possession of Firearm and Ammunition; Drug Conspiracy; Possession with Intent to Distribute Methamphetamine; Possession with Intent to Distribute Heroin; Possession of Firearm in Furtherance of a Drug Trafficking Crime; Maintain Drug Involved Premises; Destruction or Removal of Property to Prevent Seizure. Dill, 47, of Tulsa, is charged with possessing a 9 x 19 caliber pistol and ammunition after prior felony convictions; possessing a pistol to further a drug trafficking crime; conspiracy to possess and distribute methamphetamine and heroin; maintaining a place to store and distribute drugs; and removing drug proceeds from a residence to prevent them from being seized. If convicted, he faces a maximum penalty of 10 years in prison and a $250,000 fine for the felon in possession of firearm and ammunition charge; a maximum penalty of 40 years in prison and a $5,000,000 fine for the drug conspiracy charges; a maximum penalty of 40 years in prison and a $5,000,000 fine for the possession with intent to distribute methamphetamine charges; a maximum penalty of 20 years in prison and a $1,000,000 fine for the possession with intent to distribute heroin charge; a maximum penalty of life in prison and a $250,000 fine for the possession of firearm in furtherance of a drug trafficking crime charge; a maximum penalty of 20 years in prison and a $500,000 fine for the maintaining drug involved premises charges; and a maximum penalty of 5 years in prison and a $250,000 fine for the destruction and removal of property to prevent seizure charge. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, and the Tulsa Police Department are the investigative agencies.
Cynthia Santagata. Drug Conspiracy; Possession with Intent to Distribute Methamphetamine; Possession with Intent to Distribute Heroin; Possession with Intent to Distribute Cocaine; Possession with Intent to Distribute Marijuana; Maintain Drug Involved Premises. Santagata, 32, of Tulsa, is charged with conspiracy to possess and distribute methamphetamine, heroin, cocaine, and marijuana; and maintaining a place to store and distribute drugs. If convicted, she faces a maximum penalty of 40 years in prison and a $5,000,000 fine for the drug conspiracy charges; a maximum penalty of 40 years in prison and a $5,000,000 fine for the possession with intent to distribute methamphetamine charge; a maximum penalty of 20 years in prison and a $1,000,000 fine for the possession with intent to distribute heroin and cocaine charges; a maximum penalty of 5 years in prison and a $250,000 fine for the possession with intent to distribute marijuana charges; and a maximum penalty of 20 years in prison and a $500,000 fine for the maintaining drug involved premises charges. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, and the Tulsa Police Department are the investigative agencies.
Cherie Michelle Kelley. Drug Conspiracy; Possession with Intent to Distribute Methamphetamine; Possession with Intent to Distribute Heroin; Maintain Drug Involved Premises. Kelley, 36, of Tulsa, is charged with conspiracy to possess and distribute methamphetamine and heroin and maintaining a place to store and distribute drugs. If convicted, she faces a maximum penalty of 40 years in prison and a $5,000,000 fine for the drug conspiracy charges; a maximum penalty of 40 years in prison and a $5,000,000 fine for the possession with intent to distribute methamphetamine charges; a maximum penalty of 20 years in prison and a $1,000,000 fine for the possession with intent to distribute heroin charge; a maximum penalty of 20 years in prison and a $500,000 fine for the maintaining drug involved premises charges. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, and the Tulsa Police Department are the investigative agencies.
Juan Martinez-Lopez. Reentry of Removed Alien. Martinez-Lopez, 29, of Tulsa, is charged with having returned to the United States unlawfully after being deported in March 2018 from Hidalgo, Texas. If convicted, he faces a maximum penalty of 20 years in prison and a $250,000 fine. The Bureau of Immigration and Customs Enforcement is the investigative agency.
Jose Reyes-Palos. Reentry of Removed Alien. Reyes-Palos, 27, of Tulsa, is charged with having returned to the United States unlawfully after being deported in January 2016 from Del Rio, Texas. If convicted, he faces a maximum penalty of 20 years in prison and a $250,000 fine. The Bureau of Immigration and Customs Enforcement is the investigative agency.
Federal Court Shuts Down South Florida Tax Return Preparers and Enters Monetary Judgments in Favor of the United StatesRead the Press Release
Today, a federal court in Miami, Florida permanently enjoined Jean-Philippe Boursiquot and Roberton Boursiquot from preparing federal income tax returns for others. The Court also entered judgments against Jean-Philippe Boursiquot and Roberton Boursiquot and in favor of the United States in the amounts of $250,000 and $100,000, respectively, on the United States’ claim for the disgorgement of ill-gotten fees they charged customers for the preparation of federal tax returns. The Boursiquots consented to the injunction order and money judgments. In May 2018, the Court also entered an injunction order against B&C Royalty Multi-Services, Inc., which operated in Oakland Park, Florida, and RBS Flamboyant Solutions, Inc., which operated in Hollywood, Florida, prohibiting both corporations from preparing federal income tax returns for others.
The complaint alleges that Jean-Philippe Boursiquot, Roberton Boursiquot, and their corporations, B&C Royalty Multi-Services, Inc. and RBS Flamboyant Solutions, Inc., continually claimed education credits for taxpayers who did not incur qualifying expenses. The complaint also alleges that they fabricated business income or expenses in order to qualify for the earned income credit.
It is further alleged that the Boursiquots and their corporations charged their customers exorbitant fees without the customers’ knowledge and quoted refunds to customers that were substantially smaller than the refunds requested on the returns filed with the IRS. They would then allegedly pocket the excess as preparation fees, often without the customers’ knowledge according to the complaint.
The IRS has a list of steps on its website that you can take and ten tips for choosing a tax preparer. Each year, the IRS releases the top 12 scams, known as the Dirty Dozen. Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams for 2018, and taxpayers seeking a return preparer should remain vigilant. The IRS has some information on its website for choosing a return preparer and has launched a free directory of federal tax preparers.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division at [email protected] with details.
Fayette County Man Sentenced to Federal Prison for his Role in a Drug Trafficking ConspiracyRead the Press Release
Defendant is the latest to be sentenced out of nearly two dozen defendants after long-term narcotics investigation
BLUEFIELD, W.Va. – A Fayette County man was sentenced today to federal prison for his role in a drug trafficking organization, announced United States Attorney Mike Stuart. Jonathan O. Brockman, 34, of Kimberly, Fayette County, was sentenced to 108 months, or 9 years, in federal prison. Stuart commended the joint investigation conducted by several agencies, led by the Federal Bureau of Investigation and the Raleigh County Drug and Violent Crime Task Force. The Drug Enforcement Administration, the Beckley Police Department, the Raleigh County Sheriff’s Department, the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Postal Inspection Service also provided assistance throughout the investigation.
“Brockman was selling heroin, fentanyl, oxycodone and marijuana,” said United States Attorney Mike Stuart. “Deadly, deadly, deadly drugs. And he was making bank. Big bank. But now, in addition to serving 9 years in a “federal inn,” Brockman will forfeit all his illicitly gained ‘bank and bling’ to the United States and the American people.”
Brockman previously entered a guilty plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, a quantity of fentanyl, a quantity of oxycodone, and a quantity of marijuana for remuneration. He previously admitted that he worked with another member of the drug trafficking organization to purchase a kilogram of heroin for the purpose of distributing heroin in and around Fayette County. Brockman further admitted to distributing oxycodone tablets in and around Fayette County. Brockman also admitted that on June 28, law enforcement officers executed a search warrant at his residence and on other property. During the search police officers recovered approximately 14 kilograms of marijuana at Brockman’s residence, 200 oxycodone tablets, and 75 tablets that contained a mixture of heroin, fentanyl, and oxycodone. Brockman intended to distribute all of the controlled substances recovered in and around Fayette County. Police officers also recovered over $182,000 in cash, 11 firearms, and a boat and trailer that Brockman admitted had been purchased with drug proceeds. Brockman agreed to forfeit the cash and boat as part of his plea agreement.
Assistant United States Attorney Timothy D. Boggess handled the prosecution. Senior United States District Judge David A. Faber imposed the sentence.
Several other individuals implicated as a result of this investigation have entered guilty pleas to drug charges and are awaiting sentencing. James Rodney Staples, of Woodbridge, Virginia, faces at least 10 years in federal prison and up to life when he is sentenced on August 13, 2018 after entering a plea to conspiracy to distribute or possess with intent to distribute more than five kilograms of cocaine, more than 280 grams of cocaine base, and more than one kilogram of heroin. Karl Funderburk previously entered a guilty plea to using and carrying a firearm during a drug trafficking crime and is also scheduled for sentencing on August 13, 2018. George E. Brockman, II, of Montgomery, entered a plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, a quantity of cocaine, and a quantity of oxycodone and is also scheduled for sentencing on August 13, 2018. He faces at least five years and up to 40 years in federal prison.
Several defendants in this case have already been sentenced. Velarian Carter of Beckley was recently sentenced to 240 months, or 20 years in federal prison for his participation in this drug trafficking organization. His sentence was ordered to run consecutively to a 20 year sentence Mr. Carter is already serving on unrelated drug charges. Detria Carter of Beckley, the sister of Velarian Carter, was recently sentenced to 151 months, or 12 years and seven months in federal prison. Cheyenne Fragale and Macon Fragale, brothers from Boomer in Fayette County, were sentenced to 12 years, and 16 years and 8 months in prison, respectively. Rory White of Montgomery was sentenced to 125 months in federal prison. Tiffany Ramsey, also from Boomer, was sentenced to 46 months in federal prison. Dominic Copney, of Beckley, has been sentenced to 2 years in federal prison. Donald Scalise, of Montgomery, was sentenced to 3 years in federal prison for conspiring to distribute oxycodone.
On July 10 and July 11, 2018, Judge David A. Faber sentenced Esau Burnett, of Beckley, to 66 months in federal prison, Shawn Akiem Anderson, of Mount Hope, to 108 months in federal prison, and Shaun Jones, also of Beckley, to 120 months in federal prison. He also sentenced to Jonathan V. Moore, and Charles Hill, both of Beckley to 97 months and 60 months, respectively. Corey Larkin, of Beckley, was previously sentenced to 188 months in federal prison after he was determined to be a career offender.
David Shaun Coleman of Boomer was previously sentenced to 60 months in federal prison, while Rashaun Carter of Beckley and Derrick Staples of Charleston were each sentenced to 121 months in federal prison.
These cases are being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Eight Milwaukee Defendants Charged in Federal Court with Heroin ConspiracyRead the Press Release
United States Attorney Matthew D. Krueger announced that the following eight defendants, each of Milwaukee, were arrested and indicted this week by a federal Grand Jury with offenses related to a conspiracy to distribute heroin and distribution of heroin:
James Harris (Age: 52)
James Coleman (Age: 60)
Nequann Terry (Age: 24)
Todd McGown (Age: 50)
Casey Johnson (Age: 52)
Don Tillman (Age: 49)
Antoine Jeff (Age: 41)
Roderick Ramsey (Age: 32)
This charges resulted from a long-term federal, state, and local drug investigation into heroin trafficking in Milwaukee. If found guilty, each defendant will face up to twenty years in prison.
Yesterday, law enforcement officers arrested all eight of the above defendants. In addition to the arrests, law enforcement officers executed 11 federal search warrants in Milwaukee targeting members of this organization. Law enforcement recovered heroin, 11 firearms, approximately $30,000 in United States currency, and multiple vehicles. Numerous federal, state, and local officers participated in these arrests and search warrants.
In announcing the federal charges, searches, and arrests, United States Attorney Krueger stated: “The fight against heroin is a matter of life and death. This take-down reflects the commitment of federal, state, and local law enforcement agencies to stop the flow of heroin into our communities.”
FBI Special Agent in Charge Justin Tolomeo stated, “The FBI’s Southeastern Wisconsin Regional Gang Task Force continues to conduct impactful operations. These actions significantly disrupted the flow of heroin poisoning our community. Through our law enforcement partnerships we remain committed to targeting violent gang members and making our communities safer.”
The investigating agencies include the Milwaukee Police Department, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, and Firearms, Drug Enforcement Administration, Wisconsin Department of Justice - Division of Criminal Investigation, North Central High Intensity Drug Trafficking Area, United States Marshals Service, Milwaukee County Sheriff’s Department, and Wauwatosa Police Department. This case is being prosecuted by Assistant United States Attorney Christopher Ladwig.
An indictment is merely the formal method of charging an individual and does not constitute inference of his or her guilt. An individual is presumed innocent until such time, if ever, that the government establishes his or her guilt beyond a reasonable doubt.
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For additional information contact:
Public Information Officer Dean Puschnig, 414-297-1700
Drug Dealer Who Shot at Police Officer SentencedRead the Press Release
BOISE – Arcenio Sosa-Solorio, 27, of California, was sentenced today by United States District Judge Edward J. Lodge to 147 months in prison, followed by three years of supervised release, for the crimes of possessing a firearm in furtherance of a drug trafficking offense and distribution of marijuana, U.S. Attorney Bart M. Davis announced. His co-defendant, Bonifacio Carlos-Tafolla, 24, also of California, was sentenced to 106 months in prison, followed by three years of supervised release, for the same crimes.
According to court records, both men traveled from California to Idaho to distribute 25 pounds of marijuana to an undercover police officer. On December 2, 2017, Carlos-Tafolla and Sosa-Solorio arrived in Twin Falls, Idaho, and met with the undercover officer in an empty parking lot. After the undercover officer signaled, other officers attempted to arrest the men. Carlos-Tafolla and Sosa-Solorio, both armed with handguns, fled from officers. Sosa-Solorio brandished a pistol as he fled. When the undercover officer threw Sosa-Solorio to the ground, Sosa-Solorio fired his handgun, nearly striking the officer. The officer knocked the gun out of Sosa-Solorio’s hands and arrested him. Officers found Carlos-Tafolla nearby. He said that he threw his pistol on the ground. Investigators found his loaded .40 caliber pistol nearby. Officers also found both men had approximately 35 pounds of marijuana in their vehicle.
This case was investigated by the Idaho State Police, the Twin Falls Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives and coordinated with the Office of the Twin Falls County Prosecuting Attorney, Grant P. Loebs.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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District Man Sentenced to 37 Months in Prison for Possession of Child PornographyRead the Press Release
WASHINGTON – Cole Christian, 33, of Washington, D.C., was sentenced today to 37 months in prison after earlier pleading guilty to possession of child pornography, announced U.S. Attorney Jessie K. Liu, Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Christian pled guilty in May 2018, in the U.S. District Court for the District of Columbia, to a charge of possession of child pornography. The plea, which was contingent upon the Court’s approval, called for an agreed-upon prison term of 37 months. The Honorable Rudolph Contreras accepted the plea and sentenced Christian accordingly. Following his prison term, Christian will be placed on 10 years of supervised release. He also must register as a sex offender for 15 years.
According to the government's evidence, on Dec. 23, 2016, Christian contacted an undercover officer with the FBI's Child Exploitation Task Force, through a social network site. Christian continued communications with the undercover officer over the next several months. In May 2017, he began sending images of child pornography to the undercover officer.
Christian was arrested on Aug. 4, 2017, and has been in custody ever since. Numerous electronic devices were seized by law enforcement during a search of his home, and the images of child pornography sent to the undercover were found on those devices.
This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
In announcing the sentence, U.S. Attorney Liu, Assistant Director in Charge McNamara, and Chief Newsham commended the work of those who investigated the case from the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD’s Youth Investigations Division. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Brenda Johnson and Jason Park, Paralegal Specialist Michelle Wicker, and Criminal Investigator John Marsh.
Finally, they commended the work of Assistant U.S. Attorney Andrea L. Hertzfeld, who prosecuted the case.
District Man Pleads Guilty to Federal Drug Offense Following Arrest During Traffic Stop in Northeast WashingtonRead the Press Release
WASHINGTON – Manulito Chambliss, 47, of Washington, D.C., pled guilty today to a federal drug offense after a traffic stop by police for a broken headlight led to the discovery of cocaine in the car that he was driving, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Chambliss pled guilty in the U.S. District Court for the District of Columbia to a charge of unlawful possession with intent to distribute cocaine base. The plea, which is contingent upon the Court’s approval, calls for an agreed-upon sentence of five years in prison. The Honorable Thomas F. Hogan scheduled a sentencing hearing for Sept. 13, 2018. The judge ordered that Chambliss be detained pending the hearing.
According to the government’s evidence, on Dec. 23, 2017, at approximately 7 p.m., MPD officers on patrol in the 200 block of 19th Street SE spotted a silver Infiniti that had only one headlight running. Officers lost sight of the vehicle, but then located it nearby, stopped in the 1700 block of Bay Street SE. Chambliss, who was alone in the vehicle, began to drive it. Using lights and sirens, officers tried to pull Chambliss over, but he did not stop and kept driving off. Eventually Chambliss became stuck in traffic in the 1500 block of Benning Road NE and came to a stop. After officers removed him from the driver’s seat, they found 346 small zip lock bags, containing 44 grams of cocaine base, on the driver’s seat and on Chambliss’s person.
The case marks the fourth time that Chambliss has been convicted in the District of Columbia of a felony drug offense.
In announcing the plea, U.S. Attorney Liu and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the work of those who handled the case for the U.S. Attorney’s Office, including Assistant U.S. Attorneys C.B. Buente and Vincent W. Caputy, who are prosecuting the matter.
Dallas City Council Member and President of Force Multiplier Solutions Plead Guilty to Multi-Million Dollar Bribery ConspiracyRead the Press Release
DALLAS — Dallas City Council Member and Mayor Pro Tem Dwaine Caraway, of Dallas, Texas, and Robert C. Leonard Jr., of New Orleans, Louisiana, appeared in federal court today before Chief U.S. District Judge Barbara M.G. Lynn and pleaded guilty to federal conspiracy charges, announced Erin Nealy Cox, U.S. Attorney of the Northern District of Texas. Council Member Caraway pleaded guilty to one count of conspiracy to commit honest services wire fraud and one count of tax evasion. Robert Leonard pleaded guilty to one count of conspiracy to commit honest services wire fraud.
The law enforcement operation was led by the Federal Bureau of Investigation (FBI) and the Internal Revenue Service Criminal Investigation (IRS-CI).
“The pleas today represent the meticulous and tireless efforts of the Federal Bureau of Investigation, the Internal Revenue Service, and the dedicated prosecutors of our office,” stated U.S. Attorney Nealy Cox. “These cases demonstrate our continued resolve to uncover corruption at the highest levels--the citizens of Dallas deserve honest government.”
“Today's guilty pleas are the results of a sensitive and complex investigation conducted by FBI Dallas' Public Corruption Investigative Team with assistance from the Internal Revenue Service. The conspirators utilized their position of access and financial means to defraud the citizens of Dallas County,” said Eric K. Jackson, Special Agent-in-Charge of the Dallas Division. “The FBI will continue to aggressively investigate any public servant who abuses their official position and access to benefit themselves financially at the taxpayer’s expense. Additionally, those who seek to exploit public servants with financial or material support will be identified and held accountable for their actions.”
“IRS Criminal Investigation uses financial investigative expertise to pursue those individuals who engage in corruption and tax fraud,” said Tamera Cantu, IRS Special Agent in Charge of the Dallas Field Office. “Merging the unique skills of each agency makes a formidable team as we investigate those who violate the public’s trust. Today’s actions underscore that the law applies to everyone, regardless of position or power.”
According to the Plea Agreements and Factual Resumes filed in the cases, Leonard paid and Caraway accepted more than $450,000 in bribe and kickback payments in the form of a phony consulting agreement, luxury suits, fully funded trips, gambling money, repayment of personal debt, checks and cash. Leonard also admitted to paying Rick Sorrells, former Dallas County Schools Superintendent, over $3 million in bribes and kickbacks payments in various forms, including $200,000 toward Sorrells’ credit card and student loan debt through a bank account opened in the name of a nonexistent entity.
In return for the bribe and kickback payments, Caraway promised favorable official actions to further Leonard’s business interests in Dallas. These actions included key votes to promote and continue the school bus stop-arm camera program -- which contracted with Leonard’s company, Force Multiplier Solutions -- and other actions taken to benefit Force Multiplier Solutions.
Both Defendants admitted to efforts undertaken to disguise and conceal the nature of the bribe and kickback payments. Leonard funneled a significant portion of the illicit payments through various pass-through companies created and operated by his business associate, Slater Washburn Swartwood, Sr., of Louisiana. Specifically, Swartwood, acting at Leonard’s direction, funneled and masked payments to Caraway and Sorrells as “consulting fees” or “loans” through his shell company ELF Investments. The co-conspirators originally characterized the payments to Sorrells as “consulting,” but later attempted to recast the payments as a loan. Sorrells provided no legitimate consulting services in exchange for the payments. There were payments made to Caraway in the form of checks that were cashed at pawnshops and liquor stores.
Caraway also admitted that in 2012 through 2014, he evaded and defeated the payment of substantial income tax due and owed to the IRS resulting in a tax loss of $68,906. Specifically, in 2014, Caraway failed to report for income tax purposes $97,000 of bribe and kickback payments he received from Leonard, under the auspice of “consulting fees.” Caraway also offset a portion of bribe and kickback payments he did report as income in prior years via phony business expenses.
The other co-conspirators, Swartwood and Sorrells, pleaded guilty earlier in the year. Swartwood pleaded guilty in February 2018 and Sorrells in April 2018 for their joint role in the conspiracy. Both are currently out on bond. Swartwood’s sentencing is scheduled for August, and Sorrells’ sentencing before U.S. District Judge David C. Godbey has not yet been scheduled.
U.S. Attorney Nealy Cox praised the efforts of the FBI, IRS-CI and the Department of Justice Tax Division. Assistant U.S. Attorneys Andrew Wirmani, Chad Meacham, Joe Magliolo, and Economic Crime & Public Corruption Section Chief Marcus Busch are prosecuting the case.
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Corpus Christi Man Gets Life in Prison for Multiple Sexual Exploitation CrimesRead the Press Release
CORPUS CHRISTI, Texas - A 30-year-old Corpus Christi man has been ordered to federal prison for the rest of his life following his admission he sexually assaulted four minor females, announced U.S. Attorney Ryan K. Patrick. Matthew Joseph Lucio pleaded guilty April 3, 2018, to two counts each of online solicitation and production of child pornography.
Today, U.S. District Judge Nelva Gonzales Ramos imposed the sentence, further ordering Lucio to pay $10,000 in restitution.
Additional information was also presented today, including testimony that one adult and eight minor females had reported Lucio drugged and sexually assaulted them. The court heard that authorities discovered several photographs of what appeared to be young females on Lucio’s digital devices along with more than 24,000 pages of social media communications between him and other unidentified minor females that were sexual in nature. Other images included photographs of Lucio with narcotics and holding firearms. The court also heard from the victims’ relatives detailing how Lucio’s offenses has impacted the their lives and their families.
In November 2017, the National Center for Missing and Exploited Children (NCMEC) notified authorities that Lucio had solicited a minor female via an internet messaging application for sexual intercourse. Law enforcement identified the minor female who confirmed the abuse. Days later, law enforcement received another NCMEC report that Lucio solicited a different minor female via an internet messaging application for sexual intercourse. Authorities identified the second minor female who also confirmed the abuse.
Law enforcement obtained a search warrant for Lucio’s residence, after which agents seized several digital devices and located narcotics. Forensic analysis of the devices led to the discovery of videos depicting the sexual assault of two different minor females. Both minors were located and also confirmed the abuse. All four minor females reported that Lucio drugged them before they were sexually assaulted.
Lucio was arrested on federal charges in February 2018 and has been in custody since that time where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations, Corpus Christi Police Department—Internet Crimes Against Children Task Force and the Nueces County District Attorney’s Office conducted the investigation with the assistance of NCMEC.
Assistant U.S. Attorney Hugo R. Martinez is prosecuting the case, which 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."
Coral Gables Resident Sentenced to Ten Years in Prison for Wire Fraud in Connection with Hurricane Relief Efforts for Puerto RicoRead the Press Release
Emilio I. Vazquez, 47, of Coral Gables, Florida, was sentenced today by U.S. District Court Judge Robert N. Scola, Jr. to 120 months in prison, to be followed by 3 years of supervised release, for wire fraud in connection with hurricane relief efforts for Puerto Rico. Vazquez was also ordered to pay $1,514,225.55 in restitution to the victims.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, Brian Swain, Special Agent in Charge, United States Secret Service (USSS), and Robert F. Lasky, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
According to the court record, in or around September 2017, Vazquez contacted a group of volunteers working to provide hurricane relief aid to Puerto Rico. Vazquez claimed that he was part of the Serralles family, who are the owners of Destileria Serralles, which distills, manufactures, bottles and distributes Don Q rum in Puerto Rico. Vazquez claimed to have significant resources and the ability to rent warehouses, and charter planes and trucks to transport relief supplies.
In or around September 2017, Vazquez, using the name Emilio Serralles, contacted Commercial Property Group in Doral, Florida, regarding the rental of warehouse space. The warehouse space was purportedly to be used to store relief supplies for Puerto Rico. On or about September 29, 2017, Vazquez provided Commercial Property Group with a counterfeit and fraudulent UBS bank cashier’s check in the amount of $122,050.50, to pay for the warehouse space. The next day, Vazquez signed a lease under the name Emilio Serralles, renting five warehouse spaces from Commercial Property Group.
In or around October 2017, Vazquez contacted Miami Air International, a local charter airline. Vazquez again identified himself as Emilio Serralles and claimed to own a company called Puerto Rico Relief Committee. Subsequently, Vazquez chartered multiple flights from Miami to Puerto Rico, to purportedly deliver relief supplies. As payment for these flights, Vazquez provided a counterfeit and fraudulent American Express Centurion Bank cashier’s check, in the amount of $564,036.05 to Miami Air International, which was rejected as fraudulent by U.S. Trust, Bank of America private wealth management.
On January 23, 2017, pursuant to a criminal complaint, Vazquez was arrested in Brooklyn, New York.
On April 17, 2018, Vazquez pled guilty to one count of wire fraud, in violation of Title 18, United States Code, Section 1343.
Mr. Greenberg commends the investigative efforts of the USSS and FBI. This case was prosecuted by Assistant United States Attorney Joshua S. Rothstein.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida atwww.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Collinsville Man Sentenced to 30 Months in Prison for Receipt of Child PornographyRead the Press Release
District Judge John E. Dowdell sentenced Jeffrey Ray Townsend, 52, of Collinsville, to 30 months in prison followed by 5 years supervised release. He will also have to register as a Sex Offender. The Court also imposed a mandatory Special Assessment of $5,100. Townsend pleaded guilty on May 8, 2018, to one count of accessing with intent to view child pornography.
On December 2, 2015, Townsend accessed a video conferencing website and entered a specific room known to stream child pornography. Townsend streamed two videos containing child pornography involving boys and girls approximately 12 to 14 years old.
United States Attorney Shores stated, “Streaming sexually explicit material involving children further perpetuates the victimization of our most vulnerable citizens. It is the priority of my office to vigorously prosecute those who choose to take advantage of our children.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The charges are the result of an investigation by Homeland Security Investigations and the Tulsa Police Department. Assistant United States Attorney Jeffrey A. Gallant handled the prosecution of this case.
Cleveland man sentenced to jail for stealing pain management device from combat vetRead the Press Release
A Cleveland man was sentenced to jail for stealing a medical device from a veteran at the Cleveland VA Medical Center.
Bruce A. McCauley, 66, was sentenced to six months of incarceration, to be followed by three years of supervised release. In addition, McCauley was ordered to reimburse the Cleveland VA Medical Center for the replacement value of the medical device.
McCauley previously pled guilty to one count of theft of government property.
A combat veteran was at the Cleveland VA Medical Center for an appointment on Oct. 12, 2017. The veteran used a bone stimulator to relieve pain in his back from a combat-related injury sustained in Vietnam. Without the medical device, the veteran suffers intense back pain, according to court documents.
McCauley stole the medical device from a bag the veteran used to carry the medical device. The stolen medical device had a replacement value of approximately $9,120, according to court documents.
“Stealing from a combat vet is low enough, but stealing a device used to manage pain stemming from an injury sustained in Vietnam is just unacceptable,” said U.S. Attorney Justin Herdman. “We owe all our vets a debt of gratitude and will fulfill our pledge to seek justice for them at every turn.”
“This case reflects the VA OIG’s commitment to vigorously pursue those individuals that steal from our nation’s heroes and the VA ” said Gregg Hirstein, Special Agent in Charge of the Department of Veterans Affairs Office of Inspector General’s Central Field Office.
The case was prosecuted by Assistant U.S. Attorney Brad J. Beeson. The case was investigated by the Department of Veterans Affairs Office of Inspector General — Criminal Investigative Division, with the assistance of the VA Police.
Central Arkansas Drug Organization Dismantled; Eleven Defendants Face Federal Drug and Firearms ChargesRead the Press Release
LITTLE ROCK—A collaboration of federal, state, and local law enforcement officers arrested multiple defendants Thursday in an early-morning operation that dismantled a significant drug-trafficking organization responsible for distributing kilograms of cocaine and other controlled substances in central Arkansas.
Cody Hiland, United States Attorney for the Eastern District of Arkansas, and Scott Reinhardt, Assistant Special Agent in Charge of the Little Rock Field Office of the FBI, announced the arrests and the unsealing of a federal indictment charging 11 defendants with federal drug and firearms offenses in the central Arkansas area. Seven defendants were arrested Thursday morning, while one defendant was already in federal custody. Larry Clark, 36, of Little Rock, Jalisha Johnson, 28, of North Little Rock, and Bridgette Williams, 43, of North Little Rock, remain fugitives.
During the course of the investigation in 2018, law enforcement utilized four court-authorized wiretaps, intercepting hundreds of drug-trafficking calls. Law enforcement agents conducted controlled buys totaling more than a kilogram of cocaine, and during search warrants executed in June 2018 seized approximately 7 kilograms of cocaine, 3.5 kilograms of marijuana, 13 firearms—including two SKS semi-automatic rifles and a Kel-Tec CNC PLR-16 semi-automatic pistol—and approximately $9,540 in cash. Previously, in February 2014, the Arkansas State Police stopped a vehicle on Interstate 40 in Pope County and seized approximately $328,000 in cash from a courier for the drug trafficking organization.
During Thursday morning’s arrest operation agents seized another 13 ounces of cocaine.
“Today’s operation took down a significant drug trafficking organization which has been operating for years in central Arkansas,” Hiland said. “These are dangerous, repeat offenders who should not be walking our streets and spreading poison in our community. I am a firm believer in the notion that crime flourishes when there is little cost to the criminal for his destructive behavior. My goal is to ensure criminals pay a consistent, painful cost for continuing to hurt our people. Today’s joint federal, state and local operation allowed us to make significant progress in our effort to accomplish that goal.”
The arrests resulted from a FBI GET Rock task force investigation. GET Rock was formed at the request of Arkansas Governor Asa Hutchinson in response to the escalation in gang and gun violence in Little Rock. Nine central Arkansas law enforcement agencies—the U.S. Attorney’s office, FBI, Drug Enforcement Administration (DEA), Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), U.S. Marshal’s Service, Little Rock Police Department (LRPD), Pulaski County Sherriff’s Office (PCSO), Arkansas State Police (ASP), and Arkansas Community Corrections—comprise GET Rock, which is coordinated out of the FBI Little Rock field office and continues to serve as the clearinghouse for all gang-related law enforcement actions in Little Rock.
“The operation today dismantled a group of criminals who destroy and tear at the fabric of our neighborhoods and cities,” stated FBI Assistant Special Agent in Charge Reinhardt. “Thank you to the Little Rock Police Department, North Little Rock Police Department, Arkansas State Police, Pulaski County Sheriff’s Office, Arkansas Department of Community Corrections, Arkansas Air National Guard, and the United States Attorney’s Office for the Eastern District of Arkansas.”
The defendants include two individuals with prior federal convictions for drug trafficking and one with a prior federal conviction for being a felon in possession of a firearm. Four of the 11 are currently on state parole or federal supervised release. Multiple defendants have previously been convicted of state felonies, including murder. One defendant previously convicted of state drug trafficking offenses had a 40-year sentence commuted in 2003.
Based on the investigation, it is alleged that between April 2017 and June 2018, the defendants distributed cocaine, crack cocaine, and marijuana in Little Rock, North Little Rock, Wrightsville, Woodson, and Hensley. The investigation is ongoing.
The defendants arrested today will appear before U.S. Magistrate Judge Jerome T. Kearney on August 10, 2018, at 2:00 p.m. for plea and arraignment.
The charges in today’s unsealed indictments include conspiracy to distribute and possess with intent to distribute cocaine, crack cocaine, and marijuana; distribution and firearm in furtherance of a drug trafficking crime; and felon in possession of a firearm.
The maximum penalty for the drug charges is not less than 10 years in prison and up to life imprisonment, and a $10,000,000 fine. The maximum penalty for possessing a firearm in furtherance of a drug-trafficking crime is not less than five years in prison and up to life imprisonment, and a $250,000 fine. The maximum penalty for being a felon in possession of a firearm is 10 years’ imprisonment and a $250,000 fine.
The case, docketed as Case No. 4:18CR00357 JM, is pending before U.S. District Judge James M. Moody Jr.; the trial date will be announced at plea and arraignment.
The defendants charged include:JOHN GARNER, aka PETER MORRIS, aka UNC, age 50, of Hensley
JAMES RICHARDS, aka RICHIE RICH, age 49, of Wrightsville
CEDRIC BRADLEY, aka CED, age 44, of Little Rock
LARRY CLARK, age 36, of Little Rock
ANTWAN HARDAWAY, age 34, of Newport
JALISA JOHNSON, age 28, of North Little Rock
ISAAC MAY, age 39, of Sweet Home
LAQUENTIN NICHOLS, age 39, of Little Rock
CHRISTOPHER SEALS, aka POPEYE, age 43, of Little Rock
JASPER VICK, age 37, of Little Rock
BRIDGETTE WILLIAMS, age 43, of North Little RockThe investigation was conducted by the FBI with the assistance of the LRPD, NLRPD, ASP, PCSO, Arkansas Department of Community Corrections, and Arkansas Air National Guard. The case is being prosecuted by Assistant U.S. Attorney Julie Peters.
An indictment contains only allegations. A defendant is presumed innocent unless and until proven guilty.
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This news release, as well as additional information about the office of the United States Attorney for the Eastern District of Arkansas, is available on-line at
http://www.justice.gov/edarTwitter:
@EDARNEWSCanadian man charged after sending scores of messages over social media attempting to coerce 11-year-old in Ohio to engage in sexual activityRead the Press Release
A Canadian man was charged in federal court after sending scores of messages over social media attempting to coerce an 11-year-old from Ohio to engage in sexual activity.
Daniel Jason Wnek, 27, of Toronto, was charged via criminal information with one count of coercion and/or enticement of a minor.
Wnek contacted the victim, identified as H.M., via Instagram in 2017. Wnek used the photograph of a younger male and falsely told H.M. he was 14 years old. Wnek eventually switched their communication means to Snapchat, according to court documents.
Wnek eventually sent messages to H.M. that were sexual in nature, such as: “Would u lie on top of me when we meet?” and “Yea x we can take our pants off n I’ll bring a blanket,” according to court documents.
Wnek on Nov. 2, 2017 sent H.M. a sexually explicit photo via Snapchat. He also suggested picking her up, engaging in sexual activity and asked H.M. to send him sexually explicit photos of herself, according to court documents.
H.M.’s family contacted police and on Nov. 3, in the presence of law enforcement, another person posing as H.M. engaged in a Snapchat conversation with Wnek. He continued to solicit H.M. for sex, sent H.M. sexually explicit images and asked H.M. to send him sexually explicit images of her, according to court documents.
On Nov. 13, Wnek advised who he thought was H.M. that he planned to travel to Disney World in Florida for his birthday. Wnek was arrested after traveling from Toronto to Orlando, according to court documents.
“This case demonstrates how predators will target our children over social media by posing as people different from who they truly are,” U.S. Attorney Justin E. Herdman said. “Parents and trusted adults need to make it their business to know who their kids are communicating with.”
FBI Special Agent in Charge Stephen D. Anthony said: “This case reminds us all to make sure we educate our children about online safety. Predators routinely disguise their identity and true intentions. The FBI will continue efforts to locate and and bring to justice those that prey on our children.”
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the Federal Bureau of Investigation and the Auglaize County Sheriff’s Office. The case is being handled by Assistant U.S. Attorney Tracey Ballard Tangeman
An information is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Cambridge Man Arrested for Threatening Federal Agents Using TwitterRead the Press Release
BOSTON – A Cambridge man was arrested and charged today in connection with tweeting a murder-for-hire solicitation to kill ICE agents for $500.
Brandon J. Ziobrowski, 33, of Cambridge, was charged in an indictment unsealed today with one count of use of interstate and foreign commerce to transmit a threat to injure another person. Ziobrowski was arrested this morning in New York and will appear in Boston at a later date.
According to court documents, in 2009 Ziobrowski created a Twitter account registered under the username @Vine_II. Over time, Ziobrowski’s tweets became more violent and threatening. For instance, it is alleged that he repeatedly tweeted his desire to “slit” Senator John McCain’s throat. Then, beginning around February 2018, Ziobrowski allegedly began posting tweets that promoted violence against law enforcement. For example, a Feb. 24, 2018, tweet read: “Guns should only be legal for shooting the police like the second amendment intended.”
In March 2018 Ziobrowski allegedly started tweeting threatening messages against federal law enforcement agents that work for U.S. Immigration and Customs Enforcement (ICE). On March 1, 2018, in response to a tweet from the ICE Field Office stating that ICE officers put their “lives on the line to arrest criminal aliens,” Ziobrowski posted a message that read: “Thank you ICE for putting your lives on the line and hopefully dying I guess so there’s less of you?”
On July 2, 2018, Ziobrowski allegedly tweeted: “I am broke but will scrounge and literally give $500 to anyone who kills an ice agent. @me seriously who else can pledge get in on this let’s make this work.” It is alleged that Ziobrowski’s tweet was designed as a threat to encourage violence and the murder of federal law enforcement agents. At the time of the tweet, Ziobrowski had 448 Twitter followers.
The charge of use of interstate and foreign commerce to transmit a threat to injure another person provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. The FBI’s Joint Terrorism Task Force in Boston and New York assisted with the investigation. The U.S. Attorney’s Office would like to acknowledge the assistance of the Texas Department of Public Safety. Assistant U.S. Attorneys B. Stephanie Siegmann and Brian Perez-Daple of Lelling’s National Security Unit are prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Buffalo Man Sentenced to 27 Months in Federal Prison for Threatening to Kill Police Officers on Social MediaRead 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 Arthur Jordan, 24, of Buffalo, NY, who was convicted of interstate communication of threat to injure, was sentenced to serve 27 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Paul C. Parisi, who handled the case, stated that on July 6, 2016, the defendant used social media to threaten police officers. Specifically, using Facebook and the screenname “MacBmw Jordan” posted, “Let’s Start Killin Police Lets See How Dey Like It.” On July 14, 2016, the defendant possessed a loaded firearm while walking in the City of Buffalo.On May 3, 2018, Jordan was sentenced to two-and-a-half years in prison in Erie County Court following his plea to Attempted Criminal Possession of a Weapon in the Second Degree.
“The many fine, courageous, and professional men and women of state and local law enforcement need to know that they have the support of the United States Attorney’s Office and the entire Department of Justice,” said U.S. Attorney Kennedy. “A threat to any one of them is a threat to our system of justice. Today’s sentencing shows just how committed this office is to preserving the rule of law and, with it, our system of justice.”
Today’s sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Buffalo Man Sentenced for Selling FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Charles Newkirk, 34, of Buffalo NY, who was convicted of possession with intent to distribute, and distribution of, 10 grams or more of butyryl fentanyl, was sentenced to 60 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Meghan Tokash, who handled the case, stated that between June 25, 2015, and July 28, 2015, the defendant sold large volumes of heroin and butyryl fentanyl in the City of Buffalo.
The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Brooklyn Man Charged in Connection with String of Arsons in Midtown ManhattanRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Ashan M. Benedict, the Special Agent-in-Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), and Daniel A. Nigro, the Commissioner of the New York City Fire Department (“FDNY”), announced today the arrest of JAMAL DEESE in connection with a string of arsons in New York, which occurred from August 5, 2018, through August 7, 2018. DEESE was arrested yesterday evening, and was presented today in Manhattan federal court before the U.S. Magistrate Judge Katharine H. Parker.
U.S. Attorney Geoffrey S. Berman said: “As alleged, Jamal Deese set more than a dozen fires in midtown Manhattan locations during a three-day span. His alleged serial arsons threatened public safety and necessitated the deployment of valuable firefighting and law enforcement resources. Thanks to the work of the ATF, NYPD, and FDNY, Deese is in custody and will be prosecuted.”
ATF Special Agent-in-Charge Ashan M. Benedict said: “The defendant’s alleged conduct placed New Yorkers, commuters, and visitors at extreme and indiscriminate risk of injury or worse, and had the potential to cause extensive damage to businesses and property. While we are fortunate that there were no known injuries, the defendant will nonetheless face the consequences for his alleged arson spree. I’d like to thank the members of ATF’s SEAR Task Force and the U.S. Attorney’s Office for their efforts thus far in this investigation.”
NYPD Commissioner James P. O’Neill said: “The potential for serious injury or death was very real as Jamal Deese allegedly went on a spree across a swath of Midtown Manhattan. Fortunately, the collaborative efforts of our city and federal partners stopped him before further mayhem could occur. Today’s arrest is the result of the type of quick and effective investigative work performed each day in New York City.”
FDNY Commissioner Daniel A. Nigro said: “I’m proud of the outstanding collaborative investigation by the Arson Response Task Force to apprehend an individual whose alleged crimes needlessly put many lives in danger. Arson is a dangerous, potentially deadly crime; and thanks to our Fire Marshals, NYPD Detectives and ATF agents, an alleged serial arsonist has been stopped before anyone could be injured.”
According to the allegations in the Complaint sworn out in Manhattan federal court:[1]
From August 5, 2018, through August 7, 2018, DEESE set trashcan fires in the bathrooms of at least four midtown restaurants. He also set trashcan fires outside and inside the Amtrak terminal at Penn Station. During the course of his arson spree, DEESE ignited at least 14 fires at Penn Station and in the restaurants. DEESE was apprehended when he returned to one of the restaurants in which he had previously ignited a fire.
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DEESE, 24, of Brooklyn, New York, is charged with four counts of arson, each of which carries a mandatory minimum sentence of five years in prison and a maximum 20 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the outstanding investigative work of ATF, NYPD, FDNY, and the Strategic Explosive and Arson Response Task Force.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Kyle A. Wirshba is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Birmingham’s New Police Chief Joins U.S. Attorney’s Crime-Fighting Task ForcesRead the Press Release
BIRMINGHAM – New Birmingham Police Chief Patrick D. Smith met today with two task forces formed this spring through the U.S. Attorney’s Office to combat violent crime and improve police-community relations.
“Chief Smith’s presence is already felt on the task forces,” said U.S. Attorney Jay Town. “His wealth of experience in both reducing violent crime and expanding community outreach and prevention efforts brings great promise to the City of Birmingham and the future of crime-fighting in our city.”
“The task forces are an extra benefit to the greater Birmingham communities as a whole,’’ Smith said. “Whenever you can combine the individual talents of each law enforcement agency represented, and to have them work cohesively together on one common goal, it’s a great day for the City. This is a prime example of leadership and teamwork at its highest level,’’ the chief said. “I’m excited to continue to develop the additional partnerships necessary to help resolve crime in and around the City of Birmingham.”
Smith began work June 25 as Birmingham’s police chief, following a nationwide search to fill the post. He was officially sworn in on July 27.
Smith, a Tuscaloosa native and veteran of the U.S. Marine Corps, was a commander with the Los Angeles Police Department before accepting the chief’s job in Birmingham. He served 28 years with the LAPD, working his way up through the ranks as a patrol officer, police field training officer and instructor, sergeant, lieutenant, captain, and, since 2015, a police commander.
The LAPD has 10,000 sworn staff, 3,500 civilians and operates with a budget of $1.4 billion.
Smith has focused his career on crime reduction strategies and building public trust, including police training, reviewing critical use of force incidents and developing policy for best practices in policing.
In April, the U.S. Attorney’s Office, working with Birmingham Mayor Randall Woodfin, launched the Birmingham Public Safety Task Force to focus on reducing homicides and other violent crime in the Birmingham metro area. Along with the Birmingham Police Department, other agencies represented on the public safety task force include the Jefferson County Sheriff’s Office, Shelby County Drug Task Force, Housing Authority of Birmingham Division, Jefferson County District Attorney’s Office, Alabama Board of Pardons and Paroles, FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, U.S. Marshals Service, and Homeland Security Investigations.
The BPSTF incorporates principles of the mayor’s public safety initiative, Operation Step Up, and Project Safe Neighborhoods, the Department of Justice’s violent crime reduction strategy, along with the National Public Safety Partnership, to identify and work to apprehend the key offenders responsible for the majority of violent crime in hot spots across the Birmingham area.
In May, the U.S. Attorney’s Office launched the Birmingham Safe Neighborhoods Task Force to offer prevention and community outreach programs within the city and complement the law enforcement work of the Public Safety Task Force. A key function of this task force is to build and improve communication between the community and members of law enforcement.
The Safe Neighborhoods Task Force engages law enforcement, government agencies, nonprofit organizations and corporate citizens in a coordinated and collaborative process to incorporate crime prevention, education and inmate re-entry programs with enforcement efforts in an overall crime-reduction strategy.
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Berkeley County man admits to firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Shawn D. Schell, of Hedgesville, West Virginia, has admitted to a firearms charge, United States Attorney Bill Powell announced.
Schell, also known as “Shaun D. Schell,” age 36, pled guilty to one count of “Unlawful Possession of a Firearm.” Schell, having previously been convicted of three felonies, admitted to having a .22 caliber rifle in November 2017 in Berkeley County.
Schell faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Avondale Man Indicted for Theft of Social Security FundsRead the Press Release
United States Attorney Duane A. Evans announced that JERRY CAMPBELL (“CAMPBELL”), age 60, of Avondale, Louisiana, was indicted today by a federal grand jury for Theft of Government Funds, in violation of Title 18, United States Code, U.S.C., Section 641.
According to the indictment, CAMPBELL’s sister, who had been receiving Social Security Administration (“SSA”) Title XVI Supplemental Security Income (“SSI”) disability benefits, died on November 8, 2013. CAMPBELL was in possession of his late sister’s Chase Bank ATM card and was withdrawing money from her account. CAMPBELL failed to notify the SSA of his sister’s death and took approximately $32,836.00 in SSI benefits from her Chase Bank account.
U. S. Attorney Evans reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
If convicted, CAMPBELL faces a maximum penalty of ten years imprisonment, followed by up to three years of supervised release, a fine of up to $250,000.00, and a mandatory $100 special assessment.
U.S. Attorney Evans praised the work of the Social Security Administration, Office of Inspector General and the Louisiana State Police. The prosecution of this case is being handled by Fraud Unit Chief, Assistant U. S. Attorney Brian M. Klebba.
Asheville, N.C. Man Formally Indicted with Second Degree MurderRead the Press Release
ASHEVILLE, N.C. – A criminal bill of indictment was returned yesterday by a federal grand jury sitting in Asheville, charging Derek Shawn Pendergraft, 20, of Asheville, N.C., with second degree murder for killing a co-worker, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina. Pendergraft was previously arrested on a federal criminal complaint in connection with the murder.
U.S. Attorney Murray is joined in making today’s announcement by John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division; Neal D. Labrie, Chief Ranger of the Blue Ridge Parkway; and Robert Schurmeier, Director of the North Carolina State Bureau of Investigation (SBI).
According to allegations contained in the indictment and the filed criminal complaint, on the evening of July 24, 2018, Pendergraft, an employee of the Pisgah Inn on the Blue Ridge Parkway, reported that a co-worker, identified in court documents as “S.E.,” was missing. Court documents allege that when initially interviewed by investigators, Pendergraft stated that he and S.E. both got off work shortly after 4:00 p.m., and decided to go for a hike on an unnamed trail near the employee housing area of the Pisgah Inn. Pendergraft stated that shortly after starting their hike it began to rain, and S.E. decided to return to the housing area while he continued to hike. Court documents allege that Pendergraft stated that on his way back, upon reaching the point where he last saw S.E., Pendergraft saw S.E.’s umbrella and hat lying on the ground. Pendergraft informed the management staff at the Pisgah Inn that she was missing. Rangers and first responders searched the area and located S.E.’s body lying off an embankment, near a trail, within the boundary of the Blue Ridge Parkway, in Transylvania County, in the Western District of North Carolina.
According to allegations contained in the charging documents, on the evening of July 25, 2018, the manager of the Pisgah Inn contacted law enforcement and advised that Pendergraft was in her office and had made statements regarding the death of S.E. Law enforcement arrived at the Pisgah Inn, interviewed Pendergraft, and arrested him shortly thereafter in connection with S.E.’s murder.
Pendergraft is currently in custody. The second degree murder charge carries a maximum penalty of life in prison.
An indictment is merely an allegation and the defendant is presumed innocent unless and until proven guilty beyond reasonable doubt in a court of law.
In making today’s announcement, U.S. Attorney Murray thanked the National Park Service, the FBI, the SBI, the Transylvania County Sheriff's Office, the Haywood County Sheriff's Office, and the Cruso Fire Department for their respective work and assistance in this case.
The prosecution is being handled by Assistant U.S. Attorneys Don Gast and John Pritchard, of the U.S. Attorney’s Office in Asheville.
Army Sergeant Convicted After Federal Trial of Domestic Violence Resulting in the Murder of his WifeRead the Press Release
Baltimore, Maryland – A federal jury today convicted Army Sergeant Maliek Kearney, age 37, of San Antonio, Texas, for interstate travel to commit domestic violence resulting in the death of Karlyn Ramirez, and for using, carrying, and possessing a firearm during the commission of a crime of violence.
The conviction was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Commanding General David P. Glaser of the U.S. Army Criminal Investigation Command; and Anne Arundel County Police Chief Tim Altomare.
According to the evidence presented at Kearney’s 11-day trial, Kearney was married to Karlyn Ramirez, an active-duty soldier of the United States Army assigned to Fort Meade, Maryland, and they had a four-month-old daughter together. Ramirez was found shot to death in her off-post residence on the morning of August 25, 2015. The baby had been placed in her arms. Based on the evidence, the likely time of death was estimated to be the late evening hours of August 24, 2015.
Witnesses testified that at the time of Ramirez’s death, the couple had recently separated and Ramirez had obtained a protective order through the Army prohibiting all contact between her and Kearney.
Kearney was stationed at Fort Jackson, South Carolina. The evidence presented at trial showed that on August 24, 2015, Kearney finished work in the early afternoon and traveled from South Carolina to Severn, Maryland. Witnesses testified that Kearney entered Ramirez’s townhouse using his key and brandished a Taurus .357 caliber revolver. According to trial testimony, Ramirez attempted to calm her husband but she reiterated that she did not want to see him again. Kearney then shot Ramirez three times, killing her. According to the evidence presented, Kearney then took off her pants and pulled down her underwear in an attempt to make it look like a sexual assault. He also placed their four-month-old daughter in Ramirez’s arms.
Kearney’s girlfriend, Delores Delgado, testified at trial that she provided the firearm that killed Ramirez and allowed Kearney to drive her car from South Carolina to Maryland to commit the murder. The evidence showed that Delgado also purchased large gas cans for Kearney to take with him, so that he would not have to stop for gas and risk being seen. According to witness testimony, during the murder, Kearney’s girlfriend, who lived in Florida at the time, stayed at Kearney’s apartment in South Carolina with his phone and vehicle so that it would appear that he was in South Carolina at the time of the murder. After the murder, Delgado and a third party went to a waterway in Florida and disposed of the firearm, shell casings, Kearney’s clothing worn during the murder, and the key he used to enter the townhouse. Delgado also dismantled the revolver and took steps to obliterate the serial number. The firearm was subsequently recovered by law enforcement divers and forensic testing determined that it was indeed the gun used by Kearney to shoot Karlyn Ramirez to death.
Dolores Delgado, age 33, of San Antonio, Texas, previously pled guilty in federal court for interstate travel to commit domestic violence resulting in death, in connection with the death of Karlyn Ramirez. U.S. District Judge George L. Russell, III has scheduled sentencing for Delgado on September 7, 2018 at 2:00 p.m.
Kearney faces a maximum sentence of life in prison. Judge Russell scheduled sentencing for Kearney on November 16, 2018 at 11:00 a.m. Kearney remains detained.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
United States Attorney Robert K. Hur commended the FBI Baltimore, Army CID, and Anne Arundel County Police Department for their work in the investigation, and thanked the U.S. Attorney’s Office for the Western District of Texas and FBI San Antonio for their assistance. Mr. Hur also thanked Assistant U.S. Attorneys James G. Warwick and Kenneth S. Clark, who are prosecuting the case.
12 Defendants Charged in Manhattan Federal Court with Nationwide Cellphone Fraud Scheme, Which Caused Losses of over $1 MillionRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Angel M. Melendez, the Special Agent in Charge of the New York Office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), announced charges today against 12 individuals involved in a nationwide fraud conspiracy from 2014 to the present: ISAAC CONCEPCION AQUINO, a/k/a “Kaka,” MARIO DIAZ, a/k/a “Memin,” TOMAS GUILLEN, a/k/a “Diddy,” RONNIE DE LEON, JOSE ARGELIS DIAZ, JOEL PENA, JHONATAN DIAZ, a/k/a “Nino,” EDDY MORROBEL, RUDDY SANCHEZ, MICHAEL ROQUE, RAYNIEL ROBLES, and JOANDRA TEJADA GONZALEZ. In connection with the fraud, the defendants and their associates improperly accessed more than 3,300 customers’ cellphone accounts, fraudulently obtained more than 1,200 cellphones, and caused losses exceeding $1 million. Six defendants were arrested in the Southern District of New York and will be presented today before Magistrate Judge Katharine H. Parker: MARIO DIAZ, a/k/a “Memin,” TOMAS GUILLEN, a/k/a “Diddy,” JOSE ARGELIS DIAZ, JHONATAN DIAZ, a/k/a “Nino,” EDDY MORROBEL, and RAYNIEL ROBLES. In addition, RONNIE DE LEON was arrested this morning in Ohio and will be presented this afternoon, in the Southern District of Ohio, before Chief Magistrate Judge Elizabeth A. Preston Deavers.
The following defendants remain un-apprehended at this time: ISAAC CONCEPCION AQUINO, a/k/a “Kaka,” JOEL PENA, RUDDY SANCHEZ, MICHAEL ROQUE, and JOANDRA TEJADA GONZALEZ.
U.S. Attorney Geoffrey S. Berman said: “The defendants allegedly engaged in a sophisticated nationwide conspiracy to hack into the accounts of ordinary people and exploit those accounts for their own gain, obtaining valuable electronic devices at others’ expense. The defendants allegedly perpetrated their scheme through various means, including buying victims’ account information over the dark web. Thanks to the dedicated work of our partners at HSI, this alleged ring of cellphone fraudsters will now face the call of justice.”
HSI Special Agent in Charge Melendez said: “Those arrested today were allegedly part of a fraud network operating in New York, the Dominican Republic and the Darknet. Their activities left a trail of unsuspecting victims across the United States and cost businesses significant losses. They traveled to 30 states to obtain cellphones that were later sold through fencing operations in the Bronx. Telecommunications fraud is a huge business and where there is a profit to be made by criminals, HSI’s longstanding El Dorado Task Force will follow the money to bring those perpetrators to justice.”
According to the allegations in the Complaint unsealed today[1]:
From at least 2014 to the present, a group of individuals (the “Fraud Ring”) perpetrated a wide-ranging scheme to obtain valuable, new electronic devices – primarily iPhones, but also iPads, tablets, and watches – at others’ expense. During the course of the conspiracy, the Fraud Ring fraudulently obtained more than $1 million worth of devices. To facilitate the scheme, the Fraud Ring traveled to at least 30 different states, but often brought or shipped the fraudulently obtained cellphones back to the Bronx, where they regularly sold them.
The Fraud Ring regularly engaged in intrusions into existing customers’ accounts with cellular service companies and obtained new phones or “upgrade” phones by paying only a small fee in the store, while charging the vast majority of the purchase price to existing customers’ accounts, without the consent or knowledge of these existing customers. The scheme’s victims therefore included both customers, whose identities were stolen and/or whose accounts were accessed without authorization, and cellphone service providers, which typically bore financial losses for fraudulently obtained devices.
The Fraud Ring used various mechanisms to perpetrate their scheme, including buying cellphone customers’ personal identifying information (“PII”) over the dark web; phishing, in which the Fraud Ring sent a link to cellphone customers that, if pressed, allowed the Fraud Ring to hack into the customers’ accounts; using fraudulent identifications to persuade retail store employees that conspirators were someone else; and opening accounts using social security numbers that appeared to match conspirators’ names but in fact belonged to victims.
During the course of the investigation, HSI executed a search warrant on a suspected hub of the Fraud Ring in Mt. Vernon, New York (the “Residence”). Law enforcement encountered six of the 12 charged defendants in the Residence and seized (among other things) approximately 47 electronic devices, including 12 computers. Two IP addresses associated with the Residence were used to access at least approximately 3,300 cellphone company customer accounts, and to fraudulently purchase at least approximately 1,294 cellphones. The seized computers contained various indicators of involvement in the fraud, including:
- A 15-minute-long “How-to” video, which detailed the steps necessary to commit cellphone fraud, including how to use victim PII to fraudulently purchase devices;
- Many indicators that the computers had accessed the darkweb, several websites where victim PII is sold (sometimes for as little as $3), and cryptocurrency exchanges, including for Bitcoin; and
- Numerous Google searches in furtherance of the fraud (e.g., “best buy upgrade checker phone,” “att activate phone,” “verizon.com check order status,” “check my order status sprint,” “add authorized user last name,” “California driver license number format,” “Utah driver license photo,” and “most common last names for Spanish rich people”).
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Each of the 12 defendants is charged with one count of conspiracy to commit wire fraud, which carries a maximum penalty of 20 years in prison, and one count of aggravated identity theft, which carries a mandatory minimum penalty of two years in prison, which must run consecutively to any other term of imprisonment imposed. The maximum and mandatory minimum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Michael D. Neff and Brett M. Kalikow are in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Wednesday 8 August 2018
“Broadway Bandit” Convicted in Manhattan Federal Court for 2017 Robbery SpreeRead the Press Release
Geoffrey S. Berman, United States Attorney for the Southern District of New York, announced that JAMIE FRIERSON was found guilty of five robberies in connection with a robbery spree in Manhattan, during which thousands of dollars were stolen. FRIERSON was convicted after a three-day trial before U.S. District Judge Analisa Torres.
U.S. Attorney Geoffrey S. Berman said: “Jaime Frierson went on a one-man crime spree, brazenly attempting to rob five Manhattan banks in broad daylight in less than two weeks. Frierson threatened the lives of bank tellers to get away with thousands of dollars in cash, endangering the safety of New Yorkers and traumatizing bank employees. This swift verdict shows that our community will not stand for these acts.”
According to the allegations in the Complaint and evidence at trial:
On August 16, 2017, FRIERSON entered a bank in midtown Manhattan and handed a bank teller a note claiming that he had a gun, demanding money, and threatening violence. In response, the teller gave FRIERSON approximately $1,500 in United States currency. Frierson then fled.
On August 18, 2017, FRIERSON entered a bank on the Upper West Side of Manhattan and handed a bank teller a note claiming he had a gun, demanding money, and threatening violence. After FRIERSON was unable to obtain any money, he fled the bank.
On August 24, 2017, FRIERSON entered a bank on the Upper West Side of Manhattan and handed a bank teller a note claiming he had a gun, demanding money, and threatening to kill bank employees. In response, the teller gave FRIERSON approximately $2,000 in United States currency. FRIERSON then fled.
On August 29, 2017, FRIERSON entered a bank in Harlem and handed a bank teller two notes claiming he had a gun, demanding money, and threatening to kill bank employees. After FRIERSON was unable to obtain any money, he fled the bank.
On August 29, 2017, FRIERSON entered a bank on the Upper West Side of Manhattan and handed a bank teller a note claiming that he was armed, demanding money, and threatening to kill bank employees. In response, the teller gave FRIERSON over $8,000 in United States currency. FRIERSON then fled.
* * *
FRIERSON, 47, of New York, New York, was convicted of three counts of robbery and two counts of attempted robbery. FRIERSON is facing a maximum sentence of 20 years in prison on each count, and is scheduled to be sentenced on December 10, 2018, before Judge Torres. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the Federal Bureau of Investigation and the New York City Police Department.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Aline R. Flodr, Sheb Swett, and Sagar K. Ravi are in charge of the prosecution.
Williamsville Man Sentenced on Child Pornography ChargeRead 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 Christopher Chase, 50, of Williamsville, NY, who was convicted of attempted receipt of child pornography, was sentenced to serve 60 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Jonathan P. Cantil, who handled the case, stated that between March 10, 2017, and April 2, 2017, the defendant engaged in sexually explicit online conversations with an undercover law enforcement officer posing as a 15-year old girl.
Shortly after the conversation began, Chase asked the undercover officer “Well how old are you?” The undercover officer replied, “Well I’m almost 16.” After discovering the undercover officer was a minor, the defendant requested sexually explicit images and pictures. Chase then requested to meet the person he believed was a minor female to engage in sexual activity. On April 2, 2017, the defendant arrived at a retail store parking lot believing he was going to meet and have sexual intercourse with the minor. He was arrested. Chase brought with him condoms, sexual lubricant and a sexual toy.
The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Wilkes-Barre Woman Sentenced to 30 Months’ Imprisonment for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Siobhan Daniels, age 31, of Wilkes-Barre, Pennsylvania, was sentenced to 30 months’ imprisonment and four years supervised release on August 7, 2018, by United States District Court Judge Malachy E. Mannion for conspiring to distribute heroin, crack cocaine, and fentanyl.
According to United States Attorney David J. Freed, Daniels pleaded guilty to conspiring to distribute controlled substances in Pennsylvania between approximately December 2015 through September 2016. Daniels admitted to working as a drug runner and courier in the conspiracy, and to transporting narcotics from New York to Pennsylvania. Daniels admitted to trafficking in excess of 196 grams of crack cocaine and in excess of 700 grams of heroin, the latter of which is the equivalent of approximately 28,000 individual doses of heroin.
Daniels was charged in June 2017 with 14 other individuals. All of her co-defendants have pleaded guilty, with six others having already been sentenced:
- Kassandra Martin of Wilkes-Barre, Pennsylvania, was sentenced to 60 months’ imprisonment;
- Joshua Lenchick of Luzerne, Pennsylvania, was sentenced to 60 months’ imprisonment;
- William Waring of Bronx, New York, was sentenced to 60 months’ imprisonment;
- John Maybank of Bronx, New York, was sentenced to 53 months’ imprisonment.
- Kristyna Shotwell of Plymouth, Pennsylvania, was sentenced to 12 months one day of imprisonment; and
- Tanay Jones of Bronx, New York, was sentenced to a time served sentence of 19 days’ imprisonment.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Kingston Police Department, and the Luzerne County Drug Task Force. Assistant U.S. Attorney Phillip J. Caraballo 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.
This case also was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Union Point Resident Pleads Guilty to Recording Video in High School Locker RoomRead the Press Release
Charles E. Peeler, United States Attorney for the Middle District of Georgia, announces that Timothy Brian Burnette, age 40, of Union Point, Georgia, pled guilty today to attempted possession of child pornography. Mr. Burnette entered his plea of guilty before U.S. District Judge C. Ashley Royal in Athens, Georgia.
There is no parole in the federal system.
In entering his guilty plea, Mr. Burnette admitted that while working as a custodian at Oconee County High School, he repeatedly used a cell phone to record video of minor students while they were changing in the locker room in an attempt to capture lascivious exhibitions. Furthermore, a search warrant executed on Mr. Burnette’s cell phone revealed numerous photographs, internet searches and tabs that were pornographic in nature, including searches related to high school girls engaged in sexual activity and locker room pornography videos.
“Mr. Burnette’s actions in this case were predatory and intolerable,” said U.S. Attorney Charles E. Peeler. “I greatly appreciate how swiftly our local, state, and federal law enforcement partners acted to bring Mr. Burnette to justice.”
“We appreciate the swiftness and professionalism of the US Attorney’s Office in bringing this difficult case to a conclusion,” said Oconee County Sheriff Scott Berry. “The Oconee County Sheriff’s Office will not stand for those who abuse the trust of our children and their parents. Our children deserve our best effort in getting predators off the street.”
Mr. Burnette’s guilty plea carries up to ten (10) years in federal prison, a maximum fine of $250,000.00, at least five (5) years and up to a lifetime of supervised release, and registration as a sex offender.
This case is being investigated by the Oconee County Sheriff’s Office and the Federal Bureau of Investigation. The Georgia Bureau of Investigation has provided additional assistance. Assistant U.S. Attorney Peter D. Leary is prosecuting the case for the Government.
Questions concerning this case should be directed to Pamela Lightsey, United States Attorney’s Office, at (478) 621-2603.
Union County Man Sentenced to 17 Years in Prison for Armed Crime Spree of Bank Robberies; Carjackings, and HostageRead the Press Release
NEWARK, N.J. – A Union County, New Jersey, man was sentenced today to 204 months in prison for robbing seven banks – and attempting to rob an eighth bank while brandishing a firearm – committing one carjacking and attempting to commit three additional carjackings, and taking a hostage at gunpoint while fleeing, U.S. Attorney Craig Carpenito announced.
Marlon Peek, 42, of Plainfield, New Jersey, previously pleaded guilty before U.S. District Judge Katharine S. Hayden in Newark federal court to Counts One through 11, 13, 15, and 17 of an indictment. The counts include: seven counts of bank robbery, one count of carjacking, one count of attempted bank robbery with a dangerous weapon, one count of use and brandishing of a firearm during a crime of violence, three counts of attempted carjacking, and one count of forced accompaniment in attempting to avoid apprehension for the attempted armed bank robbery.
Peek robbed or attempted to rob the following New Jersey banks:
Bank
Location
Date
TD Bank
Edison, New Jersey
March 17, 2015
Magyar Bank
Edison, New Jersey
March 31, 2015
Investors Bank
Dunellen, New Jersey
April 9, 2015
Wells Fargo Bank (aiding and abetting)
South Plainfield, New Jersey
April 14, 2015
Unity Bank
Middlesex Borough, New Jersey
April 15, 2015
PNC Bank
South Plainfield, New Jersey
April 21, 2015
TD Bank
Springfield, New Jersey
April 21, 2015
Bank of America (armed attempt)
Linden, New Jersey
May 6, 2015
According to documents filed in this case and statements made in court:
From March 2015 to May 2015, Peek and others committed a string of crimes. At each bank, Peek presented a note demanding cash from bank tellers, including, on at least six occasions, statements that he had a gun and would shoot. During the robbery of the TD Bank in Edison, New Jersey, on March 17, 2015, Peek handed a teller a note that read, in part, “I have gun will shoot to kill you have 3 seconds.” In the course of the attempted robbery of the Bank of America, Peek pointed a loaded firearm directly at a bank teller.
Peek admitted that he committed a carjacking in Plainfield, New Jersey, on April 21, 2015, between robbing the PNC Bank and the TD Bank that day, and that he committed three attempted carjackings using a loaded firearm directly after attempting to rob the Bank of America in Linden on May 6, 2015. He also admitted that in attempting to flee from the attempted robbery of the Bank of America, he entered a warehouse, took a hostage, held a loaded gun to the hostage’s head, and forced the hostage to accompany him. Law enforcement officers arrived on the scene and ordered Peek to drop his gun. Peek then surrendered his weapon and was arrested.
In addition to the prison term, Judge Hayden sentenced Peek to five years of supervised release and ordered him to pay restitution of $21,598.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark; and officers of the Linden Police Department, under the direction of Chief David Hart; the Edison Police Department, under the direction of Chief Thomas Bryan; the Dunellen Police Department, under the direction of Chief Jeffrey E. Nelson; the South Plainfield Police Department, under the direction of Chief James Parker; the Middlesex Police Department, under the direction of Chief Matthew P. Geist; the Plainfield Police Department, under the direction of Director Carl Riley; and the Springfield Police Department, under the direction of Chief John Cook with the investigation leading to today’s guilty plea. U.S. Attorney Carpenito also thanked the Union County Prosecutor’s Office, under the direction of Acting Prosecutor Michael A. Monahan, and the Middlesex County Prosecutor’s Office, under the direction of Prosecutor Andrew C. Carey, for their assistance.
The government is represented by Assistant U.S. Attorney Elisa T. Wiygul of the U.S. Attorney’s Office Criminal Division in Trenton.
Defense counsel: Alyssa A. Cimino Esq., Fairfield, New Jersey
Two Men Plead Guilty in Methamphetamine-Trafficking ConspiracyRead the Press Release
U.S. Attorney Duane A. Evans announced that JEFFREY CLINES, age 53, of New Orleans, and JACOB HIGGINBOTHAM, age 24, of Houma, pled guilty today to one count of conspiring to traffic 500 grams or more of a mixture containing methamphetamine in the Eastern District of Louisiana. Each defendant faces a mandatory minimum sentence of ten years in prison, a maximum life sentence, a fine of up to $10,000,000 and at least five years of supervised release.
CLINES and HIGGINBOTHAM are two of 11 defendants charged in a 23-count federal indictment. Specifically, the indictment alleges that CLINES and HIGGINBOTHAM conspired to sell large quantities of methamphetamine with codefendants Stefen Daigle, Peter Giandalone, Paul Melancon, James Hatch, Angel Renee Vidaure, Eulalio Torres-Cadenas, Delio Alfredo Lopez-Lopez, Lindsey Lopez, and Julien Polk. The indictment also alleges a number of individual acts of distributing and possessing with intent to distribute methamphetamine, as well as firearm offenses for codefendants Hatch, Vidaure, and Lopez-Lopez. Law enforcement developed evidence against this group of defendants using controlled purchases of methamphetamine, traffic stops and seizures, consensually recorded text messages and phone calls, search warrants, cooperator information, and self-incriminating statements.
U.S. District Judge Susie Morgan set sentencing for CLINES and HIGGINBOTHAM on November 8, 2018, at 10:00 a.m.
U.S. Attorney Evans praised the work of the United States Postal Inspection Service, Louisiana State Police, Jefferson Parish Sheriff’s Office, Texas Department of Public Safety, Texas Highway Patrol, Montgomery County (Texas) Sheriff’s Office, Immigration and Customs Enforcement, AMTRAK Police, and the Orleans Parish District Attorney’s Office. Assistant United States Attorney Brandon S. Long is in charge of the prosecution.
Two MS-13 Gang Members Charged with Murder in Aid of Racketeering and Other ChargesRead the Press Release
WASHINGTON – A federal grand jury sitting in Nashville, Tennessee today, returned a five-count indictment, charging two members of the MS-13 gang with murder in aid of racketeering, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Don Cochran of the Middle District of Tennessee.
Oscar Degaldo Flores, aka Flaco, 24, of El Salvador, and Luis Colindres, aka Listo and Joe, 21, of Honduras, were also charged with conspiracy; witness tampering; using, carrying and discharging a firearm during and in relation to a crime of violence; and causing death through the use of a firearm.
The indictment alleges that on Sept. 24, 2017, Flores and Colindres shot and killed an individual identified as “H.Z.” and also shot and killed another individual identified as “Y.H.,” in order to prevent that individual from communicating with law enforcement about the commission of their crimes, including the murder of “H.Z.”
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives; the U.S. Drug Enforcement Administration; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Metropolitan Nashville Police Department. Trial Attorney Matthew Hoff of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Ahmed Safeeullah and Sunny A.M. Koshy of the Middle District of Tennessee are prosecuting the case.
The charges in the indictment are merely allegations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Two Area Men Plead Guilty to Charges Related to Murder of Singer Outside Southeast Washington BarRead the Press Release
WASHINGTON – Michael Jones, 22, of Bladensburg, Md., pled guilty today to a charge of second-degree murder while armed stemming from the slaying of singer Omar Rogers last fall outside a bar and grill in Southeast Washington. A second man, Khalil Davis, 23, of Washington D.C., pled guilty today to a related charge of accessory after the fact.
The guilty pleas were announced by U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Both men pled guilty in the Superior Court of the District of Columbia and are to be sentenced on Oct. 12, 2018, by the Honorable Judith Bartnoff.
According to a proffer of facts submitted at the plea hearing, the shooting took place at approximately 3:50 a.m. on Oct. 8, 2017. Mr. Rogers, 25, had been at Uniontown Bar and Grill earlier that night, where he had performed with his band, the “AJA Band.” Jones and Davis also were in the club that night. Once Mr. Rogers’s band had finished playing and as the club closed, Mr. Rogers went into a rear parking area behind the club to where his vehicle was parked. While in the parking lot, Mr. Rogers got into a brief verbal altercation with the two defendants.
After the verbal altercation had ended, Mr. Rogers attempted to pull his vehicle out of its parking spot. While doing so, he accidentally backed his car into the vehicle that Davis was driving that night, a 2001 red Oldsmobile Intrigue. The occupants of the Intrigue were the same group of individuals that had just gotten into a verbal altercation with Mr. Rogers, including Jones and Davis. Once that situation seemed to have de-escalated, Mr. Rogers pulled off and parked his vehicle behind Uniontown Bar and Grill, near the 1200 block of W Street SE.
As Mr. Rogers sat parked in his vehicle, the other individuals involved in the altercation and accident began approaching his vehicle. Jones walked up to where Mr. Rogers was parked, and pretended to mingle with a group of females while on the phone. As he did this, he watched Mr. Rogers have a conversation with another individual, who was standing at the driver’s side door of Mr. Rogers’s vehicle. During that time, Davis pulled up his vehicle immediately behind Mr. Rogers’s vehicle, where he parked, sat, and waited.
As soon as the individual who had been talking with Mr. Rogers walked away from the driver’s side door, Jones approached the vehicle. Jones then fired seven shots within close range into the driver’s side window of the vehicle. In total, Mr. Rogers was shot five times at close range by Jones and died from the injuries.
Jones then ran to where Davis was waiting and got into the rear passenger seat after Davis unlocked the car for him. Jones and Davis then fled the scene. Jones was arrested on Oct. 20, 2017, and Davis was arrested five days later. Both have been in custody since their arrests.
In announcing the pleas, U.S. Attorney Liu and Chief Newsham commended the work of the Metropolitan Police Department (MPD). They also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Laura A. Bach, Investigative Analyst Zachary McMenamin, Paralegal Specialist Kelly Blakeney, and Victim/Witness Advocate James Brennan.
Taylor County Convicted Felon Sentenced for Narcotics and Gun Charges Under Project Safe NeighborhoodsRead the Press Release
COLUMBUS: Charles E. Peeler, United States Attorney for the Middle District of Georgia, announces that on August 7, 2018, Andre Hendricks, aged 39, of Woodland, Georgia, was sentenced to 120 months imprisonment for Possession with Intent to Distribute Cocaine Base and Possession of a Firearm by a Convicted Felon before Chief United States District Judge Clay D. Land in Columbus.
At his plea hearing, Mr. Hendricks admitted that he sold narcotics from his residence to a confidential informant on two occasions in December 2016. A subsequent search of his residence revealed nine (9) firearms, ammunition, crack cocaine, a quantity of pills containing methamphetamine, hydrocodone pills, powder cocaine, marijuana and drug paraphernalia.
Mr. Hendricks is prohibited from possessing a firearm after having been convicted of Possession of Cocaine with Intent to Distribute in Superior Court in Talbot County in 2003; Possession of Cocaine with Intent to Distribute Cocaine in Superior Court in Meriwether County in 2005; Possession of a Firearm by a Convicted Felon, Possession of Ecstasy and Possession of Cocaine in Muscogee County Superior Court in 2006; and Possession of a Firearm by a Convicted Felon in Talbot County Superior Court in 2009.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
The case was investigated by the Taylor County Sheriff’s Office, the Georgia Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Crawford Seals prosecuted the case for the United States.
Questions concerning this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
St. Joseph Home Health Care Aide Pleads Guilty to $207,000 Fraud SchemeRead the Press Release
KANSAS CITY, Mo. – A St. Joseph, Mo., in-home health care nursing assistant pleaded guilty in federal court today to stealing bank account information from one of her clients in order to illegally transfer more than $207,000 out of her account.
Ashley N. Garr, 33, pleaded guilty before U.S. Chief District Judge Greg Kays to one count of filing a false tax return and one count of aggravated identity theft.
Garr worked as a home health aide for the victim in St. Joseph for approximately one year beginning in 2014. In late October 2016, Garr stopped at the victim’s residence to introduce her children. Garr excused herself to use the bathroom during the visit, and found the victim’s checkbook and purse (with her identification) in a home office located near the bathroom.
In the spring of 2017, the victim’s bookkeeper was reviewing the bank statement from Nodaway Valley Bank and noticed charges to RENT-A-CENTER and the Lexington law firm, which both seemed odd to her. She pointed them out to the victim and the victim stated that she did not make these charges. The bookkeeper contacted Nodaway Valley Bank to report the fraud.
A review of the bank account showed that Garr wrote three $700 checks to herself on the victim’s bank account on Oct. 27, 2016. There were also numerous transfers from the bank account to pay Garr’s personal expenses, for a total theft in 2016 of $187,152.
Garr also admitted that she filed fraudulent tax returns for 2014 and 2015. Garr inflated her income and tax withholdings to generate a larger refund than she was entitled to receive. Additionally, Garr did not report the money she stole as income on her 2016 tax return.
Under the terms of today’s plea agreement, Garr must pay $207,638 in restitution to the victim of her fraud scheme and $151,589 in restitution to the IRS. Garr must forfeit to the government $207,638, which represents the proceeds of her criminal conduct.
Under federal statutes, Garr is subject to a sentence of up to three years in federal prison without parole for filing a false tax return, as well as a mandatory consecutive sentence of two years in federal prison for aggravated identity theft. 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 Paul S. Becker. It was investigated by the FBI and IRS-Criminal Investigation.
South Carolina Teen Convicted for Attempting to Join ISISRead the Press Release
WASHINGTON – Zakaryia Abdin, 19, of Ladson, South Carolina, pleaded guilty today to attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.
Assistant Attorney General for National Security John C. Demers, U.S. Attorney Sherri A. Lydon for the District of South Carolina and Special Agent in Charge Jody Norris of the FBI’s Columbia Division made the announcement. Abdin appeared before U.S. District Court Judge Richard M. Gergel.
“Abdin’s attempt to provide material support to ISIS by traveling overseas put American lives at risk,” said Assistant Attorney General Demers. “That is unacceptable, and I applaud the dedicated agents and prosecutors who stopped him and have achieved this successful outcome.”
“The most important job of government is protecting the people of the United States from harm, whether it comes from criminals or terrorists,” said U.S. Attorney Lydon. “This case is an example of law enforcement doing exactly that. The threat to our safety continues to be very real. The JTTF did a great job in preventing this defendant from joining ISIS. He wanted to fight as a soldier committing acts of terror for ISIS and he didn’t care where he fought.” U.S. Attorney Lydon commended the intense work of Charleston’s Joint Terrorism Task Force and noted that this is the first conviction for a person attempting to provide material support to a terrorist organization in the District of South Carolina.
“Once again, the Joint Terrorism Task Force has uncovered, investigated and prevented terrorist activity with roots in South Carolina” said Special Agent in Charge Norris. “These results are made possible by the coordinated efforts of our federal, state and local partners, who are committed to sharing information and resources to protect our communities.”
The FBI arrested the defendant at the Charleston International Airport on March 30, 2017 when he attempted to board an airplane in order to travel overseas. The defendant’s intent was to travel overseas in order to provide material support or resources to ISIS.
Abdin began his efforts on Jan. 3, 2017, when he created a social media account to attempt to join ISIS. On Jan. 20, 2017, Abdin visited the FBI in Mount Pleasant, South Carolina to meet with a special agent from the Joint Terrorism Task Force. During this interview, the special agent advised Abdin about the FBI’s role in conducting counterterrorism investigations and outlined for him various statutory definitions. The special agent also provided the definitions for terrorism and specifically told Abdin that ISIS was a designated foreign terrorist organization and that it was illegal to give any foreign terrorist organization any form of material support, including personnel.
After that date, Abdin began to seek a handler to get him overseas to Syria or Egypt to make contact with ISIS. Unbeknownst to him, he ended up making contact with an undercover FBI employee. Abdin believed this person was affiliated with ISIS. These communications continued up until he was arrested.
Abdin had extensive communications with the FBI employee. During the course of these on line conversations, Abdin expressed continued loyalty to ISIS. He said he had given a pledge of loyalty to the Caliphate in 2014 and provided a video of a new pledge to Commander Abu Baker al Baghdadi, the self-proclaimed leader of ISIS or the Caliphate, in which he pledged to “wage jihad against the enemy of Allah.”
Abdin also indicated that he wished to join the Caliphate and requested to serve in combat. He stated that he was proficient with various weapons, including AK’s, SKS rifles, and pistols. He also asserted that he was well prepared, knew how to shoot, and had experience with and was reliable in close combat. He not only talked of joining jihad, he also purchased weapons, including an SKS rifle, modifying it to expand its capacity from a 10 round magazine to a 30 round magazine. Abdin practiced with an AK at a local gun store, and with an SKS and a 9mm at a local outdoor shooting range outside of Charleston.
Abdin took a picture of himself carrying the 9mm in his waistband and took a picture of himself practicing shooting at night at the local outdoor range, and sent these to the undercover FBI employee.
Abdin undertook concrete steps to join the Caliphate and travel overseas to fight jihad. He applied for a passport. On March 22, 2017, the FBI was notified Abdin’s passport was delivered to his residence in Ladson. Later on the same date, Abdin sent a message to the undercover FBI employee to tell him to “let the brothers know I am coming very soon.”
On March 23, 2017, Abdin made flight reservations aboard a commercial airline departing Charleston with a final destination of Amman, Jordan. The date for travel was set for March 30, 2017 at approximately 7:30 PM. Shortly thereafter on March 23, 2017, Abdin communicated to the undercover FBI employee that he was scheduled to arrive in Amman, Jordan on April 1, 2017, at approximately 2:05 AM.
On March 30, 2017, at approximately 4:17 PM Abdin arrived at the Charleston International Airport with one piece of luggage and a carry-on backpack. Abdin proceeded to a commercial airline ticket counter where he provided the attendant with travel documents and received a boarding pass for international travel to Amman. Abdin then proceeded from the ticketing counter toward the Transportation Security Administration’s security screening area where he was arrested.
Abdin, a U.S. citizen, faces a statutory maximum sentence of 20 years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. Any sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
The case was investigated by Special Agents of the FBI’s Joint Terrorism Task Force. This case is being prosecuted by Trial Attorney Jennifer Burke of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Sean Kittrell of the District of South Carolina.
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18-1027
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South Carolina Teen Convicted for Attempting to Join ISISRead the Press Release
Zakaryia Abdin, 19, of Ladson, South Carolina, pleaded guilty today to attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.
Assistant Attorney General for National Security John C. Demers, U.S. Attorney Sherri A. Lydon for the District of South Carolina and Special Agent in Charge Jody Norris of the FBI’s Columbia Division made the announcement. Abdin appeared before U.S. District Court Judge Richard M. Gergel.
“Abdin’s attempt to provide material support to ISIS by traveling overseas put American lives at risk,” said Assistant Attorney General Demers. “That is unacceptable, and I applaud the dedicated agents and prosecutors who stopped him and have achieved this successful outcome.”
“The most important job of government is protecting the people of the United States from harm, whether it comes from criminals or terrorists,” said U.S. Attorney Lydon. “This case is an example of law enforcement doing exactly that. The threat to our safety continues to be very real. The JTTF did a great job in preventing this defendant from joining ISIS. He wanted to fight as a soldier committing acts of terror for ISIS and he didn’t care where he fought.” U.S. Attorney Lydon commended the intense work of Charleston’s Joint Terrorism Task Force and noted that this is the first conviction for a person attempting to provide material support to a terrorist organization in the District of South Carolina.
“Once again, the Joint Terrorism Task Force has uncovered, investigated and prevented terrorist activity with roots in South Carolina” said Special Agent in Charge Norris. “These results are made possible by the coordinated efforts of our federal, state and local partners, who are committed to sharing information and resources to protect our communities.”
The FBI arrested the defendant at the Charleston International Airport on March 30, 2017 when he attempted to board an airplane in order to travel overseas. The defendant’s intent was to travel overseas in order to provide material support or resources to ISIS.
Abdin began his efforts on Jan. 3, 2017, when he created a social media account to attempt to join ISIS. On Jan. 20, 2017, Abdin visited the FBI in Mount Pleasant, South Carolina to meet with a special agent from the Joint Terrorism Task Force. During this interview, the special agent advised Abdin about the FBI’s role in conducting counterterrorism investigations and outlined for him various statutory definitions. The special agent also provided the definitions for terrorism and specifically told Abdin that ISIS was a designated foreign terrorist organization and that it was illegal to give any foreign terrorist organization any form of material support, including personnel.
After that date, Abdin began to seek a handler to get him overseas to Syria or Egypt to make contact with ISIS. Unbeknownst to him, he ended up making contact with an undercover FBI employee. Abdin believed this person was affiliated with ISIS. These communications continued up until he was arrested.
Abdin had extensive communications with the FBI employee. During the course of these on line conversations, Abdin expressed continued loyalty to ISIS. He said he had given a pledge of loyalty to the Caliphate in 2014 and provided a video of a new pledge to Commander Abu Baker al Baghdadi, the self-proclaimed leader of ISIS or the Caliphate, in which he pledged to “wage jihad against the enemy of Allah.”
Abdin also indicated that he wished to join the Caliphate and requested to serve in combat. He stated that he was proficient with various weapons, including AK’s, SKS rifles, and pistols. He also asserted that he was well prepared, knew how to shoot, and had experience with and was reliable in close combat. He not only talked of joining jihad, he also purchased weapons, including an SKS rifle, modifying it to expand its capacity from a 10 round magazine to a 30 round magazine. Abdin practiced with an AK at a local gun store, and with an SKS and a 9mm at a local outdoor shooting range outside of Charleston.
Abdin took a picture of himself carrying the 9mm in his waistband and took a picture of himself practicing shooting at night at the local outdoor range, and sent these to the undercover FBI employee.
Abdin undertook concrete steps to join the Caliphate and travel overseas to fight jihad. He applied for a passport. On March 22, 2017, the FBI was notified Abdin’s passport was delivered to his residence in Ladson. Later on the same date, Abdin sent a message to the undercover FBI employee to tell him to “let the brothers know I am coming very soon”
On March 23, 2017, Abdin made flight reservations aboard a commercial airline departing Charleston with a final destination of Amman, Jordan. The date for travel was set for March 30, 2017 at approximately 7:30 PM. Shortly thereafter on March 23, 2017, Abdin communicated to the undercover FBI employee that he was scheduled to arrive in Amman, Jordan on April 1, 2017, at approximately 2:05 AM.
On March 30, 2017, at approximately 4:17 PM Abdin arrived at the Charleston International Airport with one piece of luggage and a carry-on backpack. Abdin proceeded to a commercial airline ticket counter where he provided the attendant with travel documents and received a boarding pass for international travel to Amman. Abdin then proceeded from the ticketing counter toward the Transportation Security Administration’s security screening area where he was arrested.
Abdin, a U.S. citizen, faces a statutory maximum sentence of 20 years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. Any sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
The case was investigated by Special Agents of the FBI’s Joint Terrorism Task Force. This case is being prosecuted by Trial Attorney Jennifer Burke of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Sean Kittrell of the District of South Carolina.
Six Aliens Indicted on Illegal Reentry ChargesRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging HECTOR MOLINA-PENA, age 34, of Mexico, ELMER PEREZ-MARROQUIN, age 43, of Guatemala, ANTONIO PLATA-PONCE, age 35, of Mexico, GERARDO RODRIGUEZ-ARIAS, age 31, of Mexico, CARLOS HERNANDEZ-ROMERO, age 33, of Mexico, and JULIO NOYOLA-CAMPOS, age 38, of Mexico, with illegal reentry of a deported alien.
If convicted of illegal reentry of an alien, MOLINA-PENA, previously deported four times and found in Wake County, PEREZ-MARROQUIN, previously deported three times and found in Wilson County, PLATA-PONCE, previously deported three times and found in Harnett County, and RODRIGUEZ-ARIAS, found in Wake County, would face a maximum imprisonment term of two years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of illegal reentry subsequent to a felony conviction (possession of cocaine), HERNANDEZ-ROMERO, found in Nash County, would face a maximum imprisonment term of 10 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of illegal reentry subsequent to an aggravated felony (illegal and unlawful alien in possession of a firearm and illegal reentry), NOYOLA-CAMPOS, previously deported twice and found in Wake County, would face maximum penalties of 20 years imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The cases are being investigated by ICE’s Enforcement and Removal Operations.
Saratoga County Man Pleads Guilty to Failing to Update His Sex Offender RegistrationRead the Press Release
ALBANY, NEW YORK – Jonathon Rule, age 28, of Moreau, New York, pled guilty today to failing to update his sex offender registration, announced United States Attorney Grant C. Jaquith.
Rule was charged with violating the federal Sex Offender Registration and Notification Act (“SORNA”), which requires a convicted sex offender to register, and keep that registration current, wherever he or she resides. Rule admitted that he was previously convicted of criminal sexual conduct in the first degree in Michigan, which required him to register as a sex offender for the rest of his life. Rule further admitted that he moved from Michigan to Moreau, New York, in January 2016, and lived there for approximately 2 years prior to being arrested by the New York State Police, without ever registering in New York or updating his registration in Michigan.
Rule faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the United States Marshals Service Sex Offender Investigation Branch and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Salinas Resident Sentenced to Seven Years in Prison for Robbing and Conspiring to Rob BankRead the Press Release
SAN FRANCISCO – Nathan James Garcia, aka “Bones,” was sentenced to 84 months in prison today for robbing and conspiring to rob a bank in Salinas, Calif., announced United States Attorney Alex G. Tse and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The sentence was handed down by the Honorable Lucy H. Koh, United States District Judge.
Garcia pleaded guilty to the charges on January 24, 2018. According to the plea agreement, Garcia, 27, of Salinas, admitted that in May of 2012, he conspired with others to rob a bank in Salinas. In the days leading up to the robbery, Garcia and his coconspirators prepared by casing the bank and rehearsing the robbery. On May 19, 2012, the robbers entered the bank wearing masks and at least one of the co-conspirators carried and brandished a firearm. Garcia admitted that he knew at least one of the robbers would be carrying the firearm to threaten, frighten, and intimidate the bank employees. The robbers absconded with over $13,000.
A federal grand jury indicted Garcia on May 11, 2017, and charged him with one count each of robbery affecting interstate commerce, in violation of 18 U.S.C. § 1951(a); armed bank robbery, in violation of 18 U.S.C. §§ 2113(a) and (d), and 2; conspiracy to commit armed bank robbery, in violation of 18 U.S.C. §§ 2113(a) and (d), and 371; and robbery affecting interstate commerce, in violation of 18 U.S.C. §§ 1951(a) and (2). Garcia pleaded guilty to armed bank robbery and conspiracy to commit robbery affecting interstate commerce, and the other two charges were dismissed.
In addition to the prison term, Judge Koh ordered Garcia to pay restitution in the amount of $13,256 and to serve five years of supervised release to begin after his prison term. Garcia has been in federal custody since his arrest in May of 2017 and will begin serving his sentence immediately.
The case is being prosecuted by Assistant U.S. Attorney Claudia A. Quiroz with the assistance of Jessica Meegan. The prosecution is the result of an investigation by the FBI.
Rapid City Man Sentenced for Fourth Failure to Register as a Sex Offender ConvictionRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on August 7, 2018, by U.S. District Judge Roberto A. Lange.
Patrick Black Spotted Horse, age 29, was sentenced to 24 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Black Spotted Horse was indicted by a federal grand jury on May 15, 2018. He pled guilty on June 12, 2018.
Black Spotted Horse was convicted of Sexual Abuse of a Minor in March 2010. As a result of this conviction, he is required to register as a sex offender. Between 2013 and 2017, Black Spotted Horse was convicted of Failure to Register as a Sex Offender on three separate occasions. In January 2018, Black Spotted Horse was released from custody and began a period of supervised release. He initially registered and resided at a residence in Rapid City. In March 2018, he moved from his registered address, but did not update his registration. An arrest warrant was subsequently issued and on May 4, 2018, Black Spotted Horse was located at a residence in Norris, South Dakota, and was arrested.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Black Spotted Horse was immediately turned over to the custody of the U.S. Marshals Service.
Raleigh Man and Durham Woman Charged with Fentanyl Conspiracy; Man Also Charged with Firearms OffensesRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, a federal grand jury has issued an indictment charging THORNTON LEWIS WATSON, IV, 24, of Raleigh and SHANTEVIA FAITH EVANS, 26, of Durham, with federal crimes. This operation was conducted as part of the Eastern District’s Take Back North Carolina Initiative, which is designed to target firearms- and opioid-related crimes through partnerships with the Wake County District Attorney’s Office and federal, state, and local law enforcement.
WATSON and EVANS were both charged with Conspiracy to Distribute and Possess with Intent to Distribute 4-Fluoroisobutyryl Fentanyl and Marijuana (Count One).
Additionally, WATSON was charged with Possession with Intent to Distribute 4-Fluoroisobutyryl Fentanyl (Count Two); Possession with Intent to Distribute Marijuana (Count Four); and Possession of a Firearm in Furtherance of a Drug Trafficking Crime (Counts Three and Five).
The charges and allegations contained in the Indictment are merely accusations. The defendants are considered innocent unless and until proven guilty in a court of law.
The Wake County Board of Alcohol Beverage Control (ABC) and the United States Postal Inspection Service (USPIS) conducted the criminal investigation of this case.
Raleigh Man Sentenced to 240 Months' Imprisonment in Federal Prison for Hobbys Act Robbery While Armed with a FirearmRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, DAVID KAREEM TURPIN, 45, of Raleigh, was sentenced by Chief United States District Judge James C. Dever III to 240 months imprisonment, followed by five years’ supervised release after the term of imprisonment.
TURPIN was charged in a five-count indictment on May 17, 2017 with three counts of Hobbs Act robbery and two counts of brandishing a firearm in furtherance of a federal crime of violence. TURPIN pleaded guilty to one count of Hobbs Act robbery and one count of brandishing a firearm in furtherance of a federal crime of violence.
The investigation arose following the robberies of businesses in Raleigh. On July 27, 2016, TURPIN entered a Wal-Mart store in Raleigh, abducted a manager at gunpoint, forced the manager to the safe room and stole $30,899.56 from the safe. On July 28, 2016, TURPIN entered a Food Lion in Raleigh, brandished a firearm and held the gun to an employee’s chest and stole $ 4,343.72. During the robbery, TURPIN threatened the clerk. During a July 25, 2016, robbery, TURPIN entered a Family Dollar store in Raleigh, brandished a firearm, and stole $204.00.
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.
The investigation of this case was conducted by the Raleigh Police Department, and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorneys Peggah B. Wilson and Jane J. Jackson represented the government in this case.
Racine Woman Indicted for Defrauding Beneficiaries of Estates Being Administered by her Father's Law FirmRead the Press Release
United States Attorney Matthew D. Krueger has announced that a federal grand jury has indicted Kathleen A. Fetek (age 55) for executing a scheme to defraud beneficiaries of estates being handled by Fetek Law Offices, S.C., a firm that had been operated by Fetek’s father in Racine, Wisconsin.
The indictment alleges that beginning by 2014, and continuing through at least January 2017, while employed at the firm, Fetek: (1) wrote checks to herself from the firm’s account; (2) cashed the checks at banks, liquor stores, and other locations; and (3) prepared and mailed materially false distribution summaries and account documentation to beneficiaries. The indictment alleges that as a result of the scheme, Fetek wrongfully obtained in excess of $775,000.
If convicted of the offense charged in the indictment (mail fraud), Fetek would face up to 20 years in prison and a fine of $250,000. Fetek also would face up to three years of supervised release following any prison term and would be ordered to pay restitution to the victims of her offense.
This case was investigated by the Federal Bureau of Investigation and has been assigned to Assistant United States Attorney Richard G. Frohling for prosecution.
The public is cautioned that an indictment is merely a formal charge that a defendant has committed one or more violations of federal law, and every defendant is presumed innocent unless, and until, proven guilty.
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For additional information contact:
Public Information Officer Dean Puschnig, 414-297-1700
Previously Convicted Felon Indicted on Heroin Conspiracy ChargesRead the Press Release
NORFOLK, Va. – A federal grand jury returned an indictment today charging a Virginia Beach man with conspiracy, maintaining a drug-involved premises, and possession with intent to distribute heroin.
According to allegations in the indictment, criminal complaint, and related court-documents, Demetress Bratton, 37, was arrested in March 2018 attempting to access his storage unit in Virginia Beach. Earlier that day, a Virginia Beach drug dog gave a positive alert for drugs at the storage unit, and a search warrant was obtained. During the search, detectives recovered two bags of an off-white substance that were sitting on a hydraulic press. One of the bags contained roughly 37 grams of heroin, and the other contained roughly 55 grams of a cutting agent used to increase the amount of heroin. Detectives also recovered a money counter, a Gucci bag containing $20,000 cash, two handguns, two rifles, and several cell phones. Later, when Bratton arrived at his storage unit and was arrested, law enforcement recovered $1663 cash and bags of heroin and a cutting agent from his vehicle.
If convicted, Bratton faces a mandatory minimum of five years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Scott W. Hoernke, Acting Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, and James A. Cervera, Chief of Virginia Beach Police, made the announcement. Assistant U.S. Attorneys Kevin M. Comstock and William B. Jackson are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-123.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Physician and Wife Pay $428,000 to Settle False Claims Act Allegations for Billing Government Programs for Unapproved DrugsRead the Press Release
CHATTANOOGA, Tenn. – U.S. Attorney J. Douglas Overbey announced today that Dr. Donald Chamberlain and Karen Chamberlain have paid $428,700, to resolve state and federal False Claims Act allegations. It is alleged that from January 7, 2009 through May 2, 2012, their medical practice billed Medicare, Tennessee Medicaid (TennCare), and the Federal Employees Health Benefit Program (FEHBP) for foreign-sourced anticancer drugs not approved by the U.S. Food and Drug Administration (FDA) for marketing in the United States. Dr. Chamberlain owned and operated Chattanooga Gyn-Oncology, P.C., located in Chattanooga, Tennessee. Mrs. Chamberlain managed Dr. Chamberlain’s medical practice since the time of its inception.
The United States alleged that the unapproved drugs the Chamberlains provided to patients and billed to Medicare, TennCare, and FEHBP were not reimbursable under those programs. The United States further alleged that the Chamberlains purchased unapproved drugs because they were less expensive than the drugs approved by FDA for marketing in the United States. Thus, the Chamberlains allegedly profited by administering the cheaper unapproved drugs.
“Administering oncology drugs manufactured in other countries and not approved by the FDA, risks the safety of our citizens,” said U.S. Attorney J. Douglas Overbey. “We will continue to pursue aggressively, medical providers who improperly put their own financial interests ahead of the safety of their patients and who ignore rules instituted to protect the taxpayer funded healthcare system.”
This investigation was a coordinated effort by the U.S. Attorney’s Office for the Eastern District of Tennessee, U.S. Department of Health and Human Services Office of Inspector General, U.S. Food and Drug Administration Office of Criminal Investigations, U.S. Office of Personnel Management, the Knoxville Division of the FBI, and the Tennessee Attorney General’s Office. The United States was represented by Assistant U.S. Attorney Jeremy Dykes.
The claims settled by this agreement are allegations only; there has been no determination of liability.
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Owner of Springfield Osaka Restaurant Indicted on Charges of Tax Evasion, StructuringRead the Press Release
SPRINGFIELD, Ill. – A federal grand jury has returned an indictment that charges the owner of Springfield’s Osaka Japanese Restaurant, 1665 Wabash Ave., with filing false income tax returns and with structuring cash withdrawals to avoid detection by the Internal Revenue Service. The indictment charges Chu Chuk Cheung, 40, with two counts of filing false income tax returns and 10 counts of structuring.
The indictment alleges that for tax years 2012 and 2013, Cheung, the president and sole member of the board of directors, failed to report personal income he received from Osaka. The indictment alleges that Cheung failed to report personal income of approximately $376,976 for tax year 2012 and $145,958 for tax year 2013.
Cheung is also charged with structuring cash withdrawals from bank accounts under his control from Aug. 9, 2013 to Sept. 22, 2014, to evade Currency Transaction Reporting (CTR) requirements. Financial institutions are required to complete and file CTRs with the IRS for any currency transactions in excess of $10,000. To evade the CTR reporting requirement, Cheung allegedly obtained cash in amounts of less than $10,000, even when it meant withdrawing $9,000 one day and returning to the financial institution the next day to again withdraw $9,000 in cash.
The U.S. District Clerk of the Court will issue a summons for Cheung to make his initial appearance and arraignment on Aug. 29, 2018, before U.S. Magistrate Judge Tom Schanzle-Haskins.
If convicted, each count of filing a false income tax return carries a penalty of up to three years in prison, a $100,000 fine plus the costs of prosecution, and full restitution. For each count of unlawful money structuring, the penalty is up to 10 years in prison.
The charge is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney Hilary W. Frooman.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
Owner of Bay Area Roofing Company Pleads Guilty to Tax FraudRead the Press Release
SAN FRANCISCO – Tony Pham pleaded guilty in federal court in San Francisco today to filing a false federal income tax return, announced United States Attorney Alex G. Tse and Acting Special Agent in Charge Internal Revenue Service (IRS-CI) Tara Sullivan. The plea was accepted by the Honorable Edward M. Chen, U.S. District Judge.
In pleading guilty, Pham, 51, of San Francisco, admitted he operated High Quality Roofing, a contracting business that provided roofing services throughout the San Francisco Bay area. Pham admitted he received gross receipts of $1,916,128 from High Quality Roofing during 2010 through 2013 that he did not report on his tax returns for those years. Pham also admitted he did not tell his tax return preparer about this income so that the gross receipts would not be reported on his federal income tax returns filed with the IRS. Pham signed his 2010 through 2013 income tax returns under penalty of perjury even though he knew they were false. The total tax loss to the United States for tax years 2010 through 2013 was $369,532.
Pham, was charged by information on June 26, 2018, with three counts of filing false federal income tax returns, in violation of 26 U.S.C. § 7206(1). He pleaded guilty to one count. The remaining two charges will be dismissed at the time of sentencing if Pham complies with the terms of the plea agreement.
Pham is currently released on bond. Judge Chen scheduled Pham’s sentencing hearing for November 14, 2018, at 2:30 p.m. The maximum statutory penalty for a violation of filing a false federal income tax return in violation of 26 U.S.C. § 7206(1) is three years imprisonment and a fine of $250,000, plus restitution if appropriate. 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 Cynthia Stier is prosecuting the case. The prosecution is the result of an investigation by the IRS-CI.