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18 September 2018
Pennsylvania Man Sentenced for Production of Child PornographyRead 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 Thomas A. Gillespie, 44, of East Brady, PA, who was convicted of production of child pornography, was sentenced to serve 204 months in prison and eight years supervised release by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that between July 2014 and August 7, 2014, the defendant began communicating with a minor under the age of 12 in Cheektowaga, NY, via instant messaging on Vine.com. The communications were sexually graphic in nature, and involved the defendant coercing the minor victim into sharing sexually explicit images of herself. A search warrant was executed at the defendant’s apartment in East Brady where federal agents recovered Gillespie’s computer. A forensic examination recovered images of the minor victim, including one nude image of the victim.
Today’s sentencing is the result of an investigation by detectives from the Cheektowaga Police Department, under the direction of Chief David Zack, and the Federal Bureau of Investigation, under the direction of Gary Loeffert, Special Agent-in-Charge.
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Pennsylvania Man Arrested for Passing Counterfeit Checks and Conspiring to Steal $3.3 Million Tax Refund from Fraudulent Tax ReturnRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), and William Cheung, the Acting Special Agent-in-Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), announced today the arrest of STEPHEN SHERAK in connection with a scheme to fraudulently deposit checks in various national banks, including a $3.3 million corporate tax refund check that SHERAK had fraudulently obtained. SHERAK was arrested this morning and will be presented today in Manhattan federal court before U.S. Magistrate Judge Ona T. Wang.
U.S. Attorney Geoffrey S. Berman said: “As alleged, Stephen Sherak deposited thousands of dollars’ worth of counterfeit checks into accounts for his own use. Additionally, Sherak allegedly caused the filing of a falsified tax return that resulted in a $3.3 million fraudulent refund. Thanks to the coordinated efforts of the NYPD and the IRS, Sherak will now have to answer for his alleged dishonest acts.”
IRS-CI Acting Special Agent-in-Charge William Cheung said: “Filing false tax returns to receive a fraudulent tax refund steals from all Americans. IRS-CI Special Agents will investigate and bring these perpetrators to justice.”
According to the allegations in the Complaint sworn out today in Manhattan federal court:[1]
From 2017 through June 2018, SHERAK deposited or attempted to deposit in several national banks approximately $270,000 worth of checks he knew to be counterfeit or that otherwise would not clear due to insufficient funds.
In addition, from February 2018 through May 2018, SHERAK caused the filing of a fraudulent corporate tax return for an entity SHERAK incorporated and controlled, Gavnet, Inc., by falsely claiming that his company had prepaid millions of dollars in taxes and was therefore owed a tax refund. Upon receiving a tax refund check in the amount of approximately $3.3 million, SHERAK worked with others to open new bank accounts at a number of different financial institutions in order to deposit the refund check, before the fraud was ultimately detected.
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SHERAK, 41, of Philadelphia, Pennsylvania, is charged with one count of bank fraud, which carries a maximum sentence of 30 years in prison, and one count of conspiracy to commit theft of government funds, which carries a maximum sentence of five years in prison. The statutory maximum penalties 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.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Sarah Mortazavi 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.
Oklahoma Man Pleads Guilty After Escaping Federal PrisonRead the Press Release
A Duncan, Oklahoma man pleaded guilty today to breaking out of federal prison, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Jeremy Brown, 38, who was serving time in the Big Spring Federal Correctional Institution (FCI) for a firearms offense, admits he escaped from federal custody on May 19, 2018.
According to documents filed in the case, the sister of a Big Spring FCI employee spotted Brown running across the street and jumping into a maroon Nissan Altima around 5 p.m. Suspecting she’d witnessed an escape, she snapped a photo as the car sped away, then contacted Big Spring FCI.
Officials initiated an emergency headcount and realized Brown was missing. Two days later, after a warrant had been issued for his arrest, Brown surrendered to Big Spring FCI, and was placed in the Special Housing Unit (SHU).
The driver of the getaway car, Tiffany Stone, 38, pleaded guilty to concealing a person from arrest.
The United States Marshals Service and the Big Spring Federal Correctional Institution Special Investigative Services conducted the investigation, and Assistant U.S. Attorney Jeff Haag prosecuted the case.
Oklahoma City Man Sentenced to Nearly 20 Years for Bomb Threat and Child PornographyRead the Press Release
OKLAHOMA CITY – ROBERT SHANE APGAR, 35, of Oklahoma City, has been sentenced to 235 months in prison for making a bomb threat and sending child pornography.
According to the first count of a four-count indictment returned by a federal grand jury on July 18, 2017, Apgar used the Internet on December 1, 2015, to send false information about an attempt to bomb the Grady County Courthouse. An affidavit filed on May 2, 2017, explains that this threat was made anonymously to the FBI by email and triggered precautions at the Grady County Sheriff’s Office. The email stated that the bombing would be carried out by a person later identified as Apgar’s estranged ex-wife, whom he had threatened before.
On December 8, 2015, after further investigation, the FBI executed a search warrant at an Oklahoma City residence where Apgar was living with his mother. The search yielded pornographic images of prepubescent children from October 2015. According to Count 2 of the indictment, Apgar attempted to persuade, induce, and entice a minor to engage in sexually explicit conduct for the purpose of transmitting video images of that conduct. According to Count 3, Apgar used a facility of interstate commerce to send images of a minor engaging in sexually explicit conduct. And according to Count 4, Apgar possessed images of that sort with intent to view them after they had been sent through a means of interstate commerce. The three child pornography counts were the result of an undercover operation by the St. Charles County Police Department in Missouri.
Apgar has been in the custody of the U.S. Marshals Service since August 2017. On October 2, 2017, he pleaded guilty to making a bomb threat and sending child pornography. The government agreed to dismiss the remaining two counts involving child pornography.
Today U.S. District Judge Timothy D. DeGiusti sentenced Apgar to 235 months in prison, to be followed by 10 years of supervised release. He will also be required to register as a sex offender. The court explained this sentence is required to protect the public.
This case is the result of an investigation by the FBI and the St. Charles County (Missouri) Police Department, with the assistance of the Grady County Sheriff’s Office. It was prosecuted by Assistant U.S. Attorney Brandon Hale.
Reference is made to court filings for further information.
Newberry Felon Sentenced to 327 Months Imprisonment for Possessing a Firearm in Furtherance of Distribution of Crack CocaineRead the Press Release
Columbia, South Carolina---- United States Attorney Sherri A. Lydon stated that Javis Royale Wise, age 29, of Newberry, was sentenced in federal court in Greenville for Possession of a Firearm in Furtherance of a Drug Trafficking Crime, in violation of Title 18 U.S.C. § 924(c). United States District Judge Bruce Howe Hendricks, of Charleston, sentenced Wise to 327 months imprisonment and 5 years supervised release.
Evidence presented at the change of plea and sentencing hearings established that in the Spring of 2016, Wise made numerous sales of crack cocaine from his residence in Newberry, South Carolina. Newberry Police Department, Newberry Sheriff’s Office, and SLED executed a search warrant at the home in July of 2016. Law enforcement recovered crack cocaine, drug paraphernalia, over 50 rounds of ammunition, and a stolen, loaded Hi-Point 9mm handgun. Wise had numerous prior convictions including Robbery, Assault Upon an Employee of a Correctional Facility, Assault and Battery First Degree, Assault and Battery Second Degree, Distribution of Crack Cocaine, Resisting Arrest, and Unlawful Carrying of a Weapon.
The case was investigated by ATF, the Newberry Police Department, Newberry Sheriff’s Office, and SLED. Assistant United States Attorneys Jamie Lea Schoen prosecuted to case.
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Mountain Grove, Missouri, Man Sentenced to 60 Months Probation for Steroid ImportationRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Bobby E. McGraw, age 43, of Mountain Grove, Missouri, was sentenced to 5 years of probation for Importation Of Anabolic Steroids, in violation of Title 21, United States Code, Sections 952(b), 960(a)(1) and 960(b)(5). The charges arose from an investigation by the Drug Enforcement Administration.
The Indictment alleged that on or about June 7, 2017, in the Eastern District of Oklahoma, the defendant knowingly and intentionally imported into the United States from the Kingdom of Thailand, anabolic steroids, a Schedule III controlled substance. McGraw plead guilty to the charge.
“In an effort to evade detection, McGraw, a Missouri resident, had Anabolic Steroids, a controlled substance, delivered to the address of an acquaintance in Porum, Oklahoma. The DEA investigation that ensued revealed that the Anabolic Steroids had been ordered by McGraw from a source in Thailand,” United States Attorney Brian J. Kuester said.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Rob Wallace represented the United States.
Mexican National Sentenced for Trafficking Drugs and GunsRead the Press Release
Ramon X. Nunez-Polanco, 59, a citizen of Mexico and lawful permanent resident of the United States, has been sentenced to 80 months in federal prison for his participation in a drug conspiracy and firearms trafficking conspiracy, U.S. Attorney for the Southern District of Illinois, Steven D. Weinhoeft, announced today. The sentencing follows Nunez-Polanco’s guilty plea earlier this year to conspiracy to distribute and possess with intent to distribute controlled substances (cocaine and methamphetamine) and conspiracy to transfer a firearm to a previously convicted felon.
According to court documents, during August and September 2016, Nunez-Polanco transported cocaine from the Central District of California to North Carolina and the Eastern District of Wisconsin in a semi-tractor trailer unit containing a non-factory compartment for concealing the drugs. He also transported drug-trafficking proceeds and firearms from the Eastern District of Wisconsin back to the Central District of California, all at the direction of a drug trafficking organization operating in the Central District of California, the Eastern District of Wisconsin, North Carolina, and the Southern District of Illinois. Nunez-Polanco was arrested on September 7, 2016, in the Southern District of Illinois in possession of firearms, ammunition, and firearm magazines he was transporting from the Eastern District of Wisconsin to the Central District of California.
Information leading to the charges against Nunez-Polanco was obtained in an investigation conducted by the Bureau of Alcohol, Tobacco Firearms and Explosives (ATF). The case is being handled by Assistant United States Attorney Kit Morrissey.
Maryland Man Sentenced to Five Years in Prison on Charges in Domestic Dispute That Led to Police PursuitRead the Press Release
WASHINGTON – Anthony Smith, 29, of Oxon Hill, Md., has been sentenced to five years in prison on multiple charges stemming from a violent domestic dispute that led to a high-speed police pursuit on the 2017 Labor Day weekend that continued along busy streets of the District of Columbia, U.S. Attorney Jessie K. Liu announced today.
Smith was found guilty by a jury in May 2018 of seven counts of assault with a dangerous weapon, three counts of destruction of property, and one count each of unauthorized use of a motor vehicle during a crime of violence, felony threats, carrying a dangerous weapon, reckless driving, leaving the scene of a collision, and fleeing police. The verdict followed a trial in the Superior Court of the District of Columbia. He was sentenced on Sept. 17, 2018, by the Honorable Milton C. Lee. In sentencing Smith, the judge suspended an additional three years of prison time on the condition that he successfully complete three years of supervised release and probation after he serves the five years of incarceration.
According to the government’s evidence, Smith and the victim were involved in a romantic relationship that ended in August 2017. They have a child in common. Between Aug. 30, 2017 and Sept. 1, 2017, Smith’s conduct led the victim to obtain a temporary protection order against him. Despite that order, on Sept. 1, 2017, Smith came to the victim’s home, kicked in the door, took her car keys, and stole her car, a Dodge Avenger.
Two days later, on the afternoon of Sunday, Sept. 3, 2017, the victim, desperate to get back her car, agreed to meet Smith at a restaurant in the 1600 block of North Capitol Street NW. When she got there, Smith refused to give her car back. He started to take off with the car, and the victim jumped into the back seat because she did not want to lose it again. While in the car, Smith tried to stab the victim with a knife, while telling her, “Our daughter isn’t going to have a mother anymore.” She was able to break the knife and hop out of the moving car at New Jersey Avenue and K Street NW. There, she used a bystander’s phone to call 911.
One hour later, at approximately 3 p.m., officers with the Metropolitan Police Department (MPD) located Smith and the car at 5th Street and Rhode Island Avenue NE. When they tried to conduct a traffic stop, Smith took off. An MPD watch commander authorized a pursuit that continued for approximately 3.4 miles. During the chase, Smith caused four collisions, including striking a police officer who was involved in the pursuit. Smith was arrested at about 3:15 p.m. at 12th Street and Pennsylvania Avenue NW after he attempted an illegal turn into oncoming traffic and collided with a car carrying a woman and her two children. Smith has been in custody ever since.
In announcing the sentence, U.S. Attorney Liu commended the work of those who responded to and investigated the case from MPD’s First and Fifth Districts. She also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences. She acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Sharon Marcus-Kurn, Mark O’Brien, Chrisellen Kolb, and Suzanne Curt; Paralegal Specialists Brenda Williams and D’Yvonne Key; Litigation Technology Specialists Anisha Bhatia, Ron Royal, and Paul Howell, and Victim/Witness Advocate Lu Lan.
Finally, she commended the work of Assistant U.S. Attorneys Bianca Forde and Ryan Creighton, who investigated and prosecuted the case.
MEDIA ADVISORY-- U.S. Attorney’s Offices for the Districts of Utah, New Mexico, Arizona and Colorado to Hold 26th Annual Four Corners Indian Country Conference in Santa Fe, N.M.Read the Press Release
ALBUQUERQUE – The U.S. Attorney’s Office for the District of Utah along with the U.S. Attorney’s offices for the Districts of New Mexico, Colorado and Arizona will host the 26th Annual Four Corners Indian Country Conference at the Buffalo Thunder Hotel in Santa Fe, N.M., on Sept. 18-20, 2018.
The annual conference, which is sponsored by the U.S. Department of Justice’s Office for Victims of Crime and the U.S. Attorneys for the Districts of Utah, New Mexico, Colorado and Arizona, promotes a collaborative approach to addressing the needs of victims of crime in Indian Country in the Four Corners’ region. In addition to representatives of the four U.S. Attorney’s Offices and other DOJ agencies, conference participants will include tribal leaders, victim advocates and social services providers, tribal judges and prosecutors, and law enforcement officers.
This annual conference, which is hosted by each of the four districts on a rotating basis, exemplifies the Justice Department’s commitment to addressing the high rates of victimization of our women and children in our Native communities. The conference theme – “Exploring the Power of our Work: Building our Capacity to Assist Victims and Strengthening our Own Ability to be Resilient” – embodies what the Department of Justice is striving to achieve in Indian Country; helping victims overcome trauma, and preventing these crimes from reoccurring in the future. The conference provides a forum for developing strategies for assisting victims of crime and tackling other serious public safety challenges confronting our Native communities. It provides an opportunity for DOJ officials to hear from members of our Native communities about their needs and to work with them to address their unique challenges.
The opening session of the 26th Annual Four Corners Indian Country Conference on Tuesday, Sept. 18, 2018, will be open press and will include welcoming remarks by Utah U.S. Attorney John W. Huber, New Mexico U.S. Attorney John C. Anderson, Colorado First Assistant U.S. Attorney Matthew Kirsch and Arizona First Assistant U.S. Attorney Elizabeth A. Strange. The opening session on the second day of the conference on Wednesday, Sept. 19, 2018, will also be open press and will include opening remarks from Jesse Panuccio, Principal Deputy Associate Attorney General of the U.S. Department of Justice. Justice Department officials will be available for interviews at the conclusion of the opening sessions.
WHO:
Principal Deputy Associate Attorney General Jesse Panuccio of the Department of Justice
U.S. Attorney John W. Huber for the District of Utah
U.S. Attorney John C. Anderson for the District of New Mexico
First Assistant U.S. Attorney Matthew Kirsch for the District of Colorado
Fist Assistant U.S. Attorney Elizabeth A. Strange for the District of Arizona
WHAT:
Opening sessions of the 26th Annual Four Corners Indian Country Conference
WHEN:
TUESDAY, SEPT. 18, 2018, 1:00 P.M. – 2:00 P.M.
WEDNESDAY, SEPT. 19, 2018, 8:30 A.M. – 9:00 A.M.
WHERE:
Hilton Santa Fe Buffalo Thunder
20 Buffalo Thunder Trail
Santa Fe, N.M., 87506
OPEN PRESS
NOTE: All media must present government-issued photo ID (such as driver’s license) as well as valid media credentials. Inquiries regarding logistics should be directed to Alyssa Ferda at 505-366-1463 or [email protected].
Leader of Stolen Identity Refund Fraud Scheme Sentenced to 5 Years in PrisonRead the Press Release
ERIE, Pa. - A New York resident has been sentenced in federal court to 60 months in jail on his conviction of conspiracy to commit wire fraud, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on Adebola Mejule, 58, of Hempstead, New York.
According to information presented to the court, Mejule was one of the leaders of a vast conspiracy to use stolen identities to fraudulently obtain federal income tax refunds. Mejule stole identities from his employer, New York Social Services, and gave them to two co-defendants to use to prepare fraudulent tax returns. Mejule then opened bank accounts using stolen identities and directed others to open bank accounts using stolen identities. The bank accounts were then used as repositories for the electronic deposit of the fraudulently obtained federal income tax refunds. Mejule would then have the account holders return the lion’s share of the fraudulently obtained refunds to him. All told the conspirators utilized the stolen identities of over 11,000 victims and opened more than 1,000 bank accounts across the United States with stolen identities.
Assistant United States Attorney Christian A. Trabold prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation for the investigation leading to the successful prosecution of Mejule.
Justice Department Honors Law Enforcement Officers and Deputies in Second Annual Attorney General’s Award for Distinguished Service in PolicingRead the Press Release
Attorney General Jeff Sessions and Justice Department leadership today announced the recipients of the Second Annual Attorney General’s Award for Distinguished Service in Policing, recognizing the exceptional work of 25 law enforcement officers and deputies from 12 jurisdictions across the country.
“The Trump Administration supports law enforcement at all levels—and we always will,” said Attorney General Sessions. “Today’s awards honor the incredible work that is being done across this country every day. This Department of Justice takes pride in announcing today’s winners of the Attorney General’s Award for Distinguished Service in Policing.”
The Justice Department has been committed to supporting law enforcement and continues to back the “women and men in blue,” as directed by President Trump’s February 2017 Executive Order. The Department has recently awarded grants to assist law enforcement and first responders who supported mass shootings in Las Vegas, Nevada, Parkland, Florida, and Santa Fe, Texas. In addition, the Department has helped police departments across America to hire hundreds more police officers through the COPS grant program.
The Attorney General’s Award recognizes individual state, local, and tribal sworn rank-and-file police officers and deputies for exceptional efforts in policing. The awarded officers and deputies have demonstrated active engagement with the community in one of three areas: criminal investigations, field operations or innovations in community policing. The Department received 207 nominations for 469 individuals ranging from state police departments, to local police, to campus public safety agencies. This award highlights the work that officers and deputies do to prevent, intervene in, and respond to crime and public safety issues. The individuals recognized today are listed below:
INNOVATIONS IN COMMUNITY POLICING
Sergeant Sean Crotty of the Little Egg Harbor Police Department, New Jersey:
Sergeant Sean Crotty is the school resource officer at the local high school. His main responsibility is the protection of the school community. However, he also takes on the arguably greater role of getting involved with students, shaping the way they view law enforcement, and helping mold them into productive community members. While Sergeant Crotty’s “beat” is the high school, this does not limit him to creating relationships with the younger students in the community. In his years with the department, Sergeant Crotty started a Junior Police Academy for middle school students, enhanced free Police Athletic League (PAL) programs, and added a Junior Police Explorers program.
Detective John Rastetter of the Canton Police Department, Ohio:
Detective Michael Rastetter’s work with those suffering from opioid addiction has set him apart among a department full of dedicated officers continuously looking for innovative ways to serve their community. Detective Rastetter became the point person for the newly created Stark County Outreach Support (SOS) team, a quick response team made up of a nurse, a social worker and a vice detective. SOS has engaged 70 overdose survivors and 33 family members, connected 30 individuals with rehabilitation services and provided 19 Naloxone kits, leading to a reduction of nearly 60 percent in opioid-related overdose deaths in 2017. Detective Rastetter is a large part of the success of the program and decline in the overdose deaths.
Officer Laurie Reyes of the Montgomery County Police Department, Maryland:
Officer Laurie Reyes noticed that repeated searches for the same critically missing people (individuals with autism, intellectual and developmental disabilities [IDD], and Alzheimer’s disease) demanded a large portion of departmental resources, both in money and in officers’ time. She created the nationally recognized “Autism, Intellectual, Developmental Disabilities, and Alzheimer’s Outreach Program” as a way to promote awareness and safety through education, outreach, follow-up, empowerment and response. Officer Reyes identified a problem and developed a creative solution, which had a significant impact on public safety and public trust, all at no additional fiscal cost to the agency.
CRIMINAL INVESTIGATIONS
Officer Megan Freer of the Middleton Township Police Department, Pennsylvania:
In the summer of 2017, a 19-year-old man went missing near Middletown Township. Officer Freer began an intensive investigation into the missing person case, which eventually led to the discovery of a horrific quadruple homicide in Solebury Township, about 20 miles away. Officer Freer’s incredible investigative efforts led to the arrest of two 20-year-olds charged with murder of the four young men, and providing closure for the families of those missing young men. This was a tremendous effort of policing and police investigation, and Officer Freer has received several awards for her investigative effort, including the Philadelphia National Liberty Museum Award of Valor in September 2017.
Detective Andrew Beuschel, Jr. of the Evesham Township Police Department, New Jersey:
In December 2017, a father called the police when he found his 15-year-old daughter unresponsive due to a possible drug overdose; an ambulance transported the victim to the hospital, where she subsequently died from a heroin overdose two days later. Detective Beuschel investigated the case, including interviews and evidence from numerous warrants on cell phones, computers, and social media accounts, and was able to locate the suspected seller. Detective Beuschel’s persistence led to arrest warrants for possession of heroin, distribution of heroin, and ultimately, strict liability of the suspect for the drug-induced death of the 15-year-old victim.
Trooper Joel D. Follmer of the Pennsylvania State Police:
State Trooper Joel D. Follmer’s determined efforts and innovative policing techniques on an 18-month series of kidnapping and rape investigations throughout Pennsylvania led to the arrest of a serial rapist with assaults dating back as far as 1994. Trooper Follmer arrested the suspect in December of last year, who immediately confessed to several cases, and provided information on many others that he had attempted in the past and was planning in the future. The suspect is currently awaiting trial.
FIELD OPERATIONS
Sergeant Girard Tell III and Sergeant Ryan VanSyckle of the Pleasantville Police Department, New Jersey:
Since 2016, Sergeants Tell and VanSyckle have consistently led the department in arrests and drug seizures by their dogged persistence to seek out and dismantle criminal street gangs, including a regional investigation, which netted more than 100 felony indictments against the South Side Mob street gang. Their tireless drive to remove the most dangerous and violent offenders has had a significant impact on the criminal operating environment within the community, including a steady downward trend of gun violence and a 55 percent decrease in confirmed shooting calls for service.
Corporal Richard White III of the Ohio County Sheriff’s Office, West Virginia:
In June 2017, dispatchers notified law enforcement and fire department agencies regarding several people who had flipped over their boats while kayaking and got caught in the swift current in Wheeling Creek. Corporal White arrived on the scene and waded into the heavy current, rescuing two females caught in the downstream. Corporal White was instrumental in preventing a possible tragic incident while putting himself in harm’s way. About a year earlier, a little boy had died after falling into the creek. Corporal White’s quick and selfless action helped ensure that those circumstances were not repeated.
Deputy Ned Nemeth of the Washoe County Sheriff’s Office, Nevada:
Deputy Nemeth has demonstrated active exceptional performance in field operations. As a full time K-9 handler, he works highway interdiction and has successfully reduced illegal operations in the past year along the I-80 corridor, including seizing 206 pounds of illegal marijuana, 359.42 grams of methamphetamine, and 43 contraband prescription opioid pain pills. Deputy Nemeth is known for providing high quality information about his interstate contacts to other agencies across the country. His efforts as a part of the HIDTA task force in northern Nevada not only have positive effects on his own community but also make meaningful contributions to other jurisdictions working to disrupt and dismantle organized drug trafficking operations nationwide.
Detective Thomas Curley of the Wilmington Police Department, Delaware:
Over the past 14 years, Wilmington Detective Thomas Curley has provided outstanding efforts in conducting criminal investigations to protect the people of Wilmington from gangs and violent crime, including the first successful illegal gang prosecution in the State of Delaware, which was later upheld by the Delaware Supreme Court. He possesses the ability to seek out and successfully talk with witnesses to develop leads and works tirelessly coordinating complex investigations. Detective Curley is dedicated to his job and strives for justice for the victims of violent crimes.
Officers Jeremiah Beason, Patrick Burke, Monty Fetherston, and Steve Morris, Jr., of the Las Vegas Metropolitan Police Department, Nevada:
On October 2017, at approximately 10:05 p.m., a lone gunman fired into a crowd of 22,000 concertgoers attending a country music festival in Las Vegas, killing 58 innocent people and injuring more than 850. Las Vegas Metropolitan Officers Beason, Burke, Fetherston, and Morris were the first four first responders to react during this active shooter situation. These four officers rescued injured civilians, cleared the surrounding rooms near the shooter, and secured the perimeter. By running towards the danger, they saved countless lives.
Officers Jose Arriaga, Ruben Avalos, Carlos Escobar, Randy Jreisat, Arthur Meza, Ashley Mitchell, David Nick, Jr., Adrian Nuñez, Christina Salas, and Solly Samara of the Los Angeles Police Department, California:
In September 2017, the Los Angeles Police Department created the MacArthur Park Task Force to conduct uniform patrol in and around MacArthur Park and other surrounding areas. This team worked to restore order to the community around MacArthur Park by applying constant law enforcement and community involvement to the area to combat all crime and quality of life issues. These ten officers made 1,125 arrests in 32 weeks, issued 980 citations and offered services to hundreds of individuals. Their work is directly responsible for a 40 percent reduction of Part 1 crimes and a 46 percent reduction of violent crimes in the zone. These 10 officers helped transform this park and its surrounding neighborhood from its former blight, turning it into a clean, beautiful park.
Justice Department Honors Law Enforcement Officers and Deputies in Second Annual Attorney General’s Award for Distinguished Service in PolicingRead the Press Release
WASHINGTON – U.S. Attorney David J. Freed joined Attorney General Jeff Sessions and Justice Department leadership today in announcing the recipients of the Second Annual Attorney General’s Award for Distinguished Service in Policing, recognizing the exceptional work of 25 law enforcement officers and deputies from 12 jurisdictions across the country.
“The Trump Administration supports law enforcement at all levels—and we always will,” said Attorney General Sessions. “Today’s awards honor the incredible work that is being done across this country every day. This Department of Justice takes pride in announcing today’s winners of the Attorney General’s Award for Distinguished Service in Policing.”
“Attorney General Sessions understands very clearly that 85% of law enforcement resources in the United States are state and local,” said U.S. Attorney Freed. “In the Middle District of Pennsylvania, we enjoy true partnership with our colleagues in the Pennsylvania State Police. Trooper Follmer’s dogged dedication and determination to see justice done in this investigation is indicative of the high level of training and professionalism throughout his organization. We congratulate Trooper Follmer and the Pennsylvania State Police for the well-deserved recognition from the Attorney General.”
The Justice Department has been committed to supporting law enforcement and continues to back the “women and men in blue,” as directed by President Trump’s February 2017 Executive Order. The Department has recently awarded grants to assist law enforcement and first responders who supported mass shootings in Las Vegas, Nevada, Parkland, Florida, and Santa Fe, Texas. In addition, the Department has helped police departments across America to hire hundreds more police officers through the COPS grant program.
The Attorney General’s Award recognizes individual state, local, and tribal sworn rank-and-file police officers and deputies for exceptional efforts in policing. The awarded officers and deputies have demonstrated active engagement with the community in one of three areas: criminal investigations, field operations or innovations in community policing. The Department received 207 nominations for 469 individuals ranging from state police departments, to local police, to campus public safety agencies. This award highlights the work that officers and deputies do to prevent, intervene in, and respond to crime and public safety issues.
The individual recognized by the Attorney General today includes Pennsylvania State Trooper Joel D. Follmer for his determined efforts and innovative policing techniques on an 18-month series of kidnapping and rape investigations throughout Pennsylvania that led to the arrest of a serial rapist with assaults dating back as far as 1994. Trooper Follmer arrested the suspect in December of last year, who immediately confessed to several cases, and provided information on many others that he had attempted in the past and was planning in the future. The suspect is currently awaiting trial.
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Justice Department Honors Law Enforcement Officers and Deputies in Second Annual Attorney General's Award for Distinguished Service in PolicingRead the Press Release
LAS VEGAS, Nev. – United States Attorney Dayle Elieson joined Attorney General Jeff Sessions and Justice Department leadership today in announcing the recipients of the Second Annual Attorney General’s Award for Distinguished Service in Policing, recognizing the exceptional work of 25 law enforcement officers and deputies from 12 jurisdictions across the country.
“The Trump Administration supports law enforcement at all levels—and we always will,” said Attorney General Sessions. “Today’s awards honor the incredible work that is being done across this country every day. This Department of Justice takes pride in announcing today’s winners of the Attorney General’s Award for Distinguished Service in Policing.”
The Justice Department has been committed to supporting law enforcement and continues to back the “women and men in blue,” as directed by President Trump’s February 2017 Executive Order. The Department has recently awarded grants to assist law enforcement and first responders who supported mass shootings in Las Vegas, Nevada, Parkland, Florida, and Santa Fe, Texas. In addition, the Department has helped police departments across America to hire hundreds more police officers through the COPS grant program.
The Attorney General’s Award recognizes individual state, local, and tribal sworn rank-and-file police officers and deputies for exceptional efforts in policing. The awarded officers and deputies have demonstrated active engagement with the community in one of three areas: criminal investigations, field operations or innovations in community policing. The Department received 207 nominations for 469 individuals ranging from state police departments, to local police, to campus public safety agencies. This award highlights the work that officers and deputies do to prevent, intervene in, and respond to crime and public safety issues.
The individuals recognized by the Attorney General today include:
Deputy Ned Nemeth of the Washoe County Sheriff’s Office:
Deputy Nemeth has demonstrated active exceptional performance in field operations. As a full time K-9 handler, he works highway interdiction and has successfully reduced illegal operations in the past year along the I-80 corridor, including seizing 206 pounds of illegal marijuana, 359.42 grams of methamphetamine, and 43 contraband prescription opioid pain pills. Deputy Nemeth is known for providing high quality information about his interstate contacts to other agencies across the country. His efforts as a part of the HIDTA task force in northern Nevada not only have positive effects on his own community but also make meaningful contributions to other jurisdictions working to disrupt and dismantle organized drug trafficking operations nationwide.
Officers Jeremiah Beason, Patrick Burke, Monty Fetherston, and Steve Morris, Jr., of the Las Vegas Metropolitan Police Department:
On October 2017, at approximately 10:05 p.m., a lone gunman fired into a crowd of 22,000 concertgoers attending a country music festival in Las Vegas, killing 58 innocent people and injuring more than 850. Las Vegas Metropolitan Officers Beason, Burke, Fetherston, and Morris were the first four first responders to react during this active shooter situation. These four officers rescued injured civilians, cleared the surrounding rooms near the shooter, and secured the perimeter. By running towards the danger, they saved countless lives.
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Justice Department Announces Fourth Settlement Protecting U.S. Workers from DiscriminationRead the Press Release
The Justice Department today reached a settlement agreement with Palmetto Beach Hospitality LLC (Palmetto), a company that provides housekeeping services to hotels in the Myrtle Beach, South Carolina area. The agreement resolves the Department’s investigation into whether Palmetto unlawfully denied employment to qualified and available U.S. workers because it preferred to hire temporary foreign workers with H-2B visas. It is the fourth settlement under the Civil Rights Division’s Protecting U.S. Workers Initiative, which is aimed at targeting, investigating, and taking enforcement actions against companies that discriminate against U.S. workers in favor of temporary visa workers.
The Department’s investigation determined that Palmetto failed to consider applications from qualified U.S. workers for its housekeeper positions, even though employers are required to recruit and hire available and qualified U.S. workers before they receive permission to hire temporary foreign workers under the H-2B visa program. After ignoring applications from U.S. workers, Palmetto represented to the U.S. Department of Labor (DOL) that it could not find qualified U.S. workers and obtained authorization to employ temporary visa workers.
“The Department of Justice will fight to ensure that U.S. workers are not denied jobs because an employer has a discriminatory preference for hiring temporary visa workers,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “I commend Palmetto for its cooperation with the Department’s investigation, and its agreement to engage in domestic recruitment efforts far surpassing the minimal recruiting requirements to participate in the H-2B visa worker program.”
Failing to consider or hire qualified U.S. workers based on their citizenship status violates the anti-discrimination provision of the Immigration and Nationality Act (INA), regardless of whether an employer has complied with other rules governing the use of temporary employment-based visa programs.
Under the settlement, Palmetto must engage in several types of enhanced recruiting and job advertising efforts to attract qualified U.S. workers, far beyond those required by the H-2B visa rules. Palmetto also must set aside $35,000 to pay any wages lost by U.S. workers whose applications it improperly rejected or ignored, pay $42,000 in civil penalties to the United States, and be subject to departmental monitoring.
Under the Protecting U.S. Workers Initiative, the Civil Rights Division has opened dozens of investigations, filed one lawsuit, and reached settlement agreements with four employers. Since the Initiative’s inception, employers have agreed to pay or have distributed over $320,000 in back pay to affected U.S. workers. The Division has also increased its collaboration with other federal agencies, including a new formalized partnership with DOL to combat discrimination and abuse by employers using foreign visa workers.
The Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
More information on how employers can avoid unlawful citizenship status discrimination is available here. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
Applicants or employees who believe they were subjected to: discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.
Justice Department Announces Fourth Settlement Protecting U.S. Workers from DiscriminationRead the Press Release
NOTE: The settlement agreement can be found here.
WASHINGTON – The Justice Department today reached a settlement agreement with Palmetto Beach Hospitality LLC (Palmetto), a company that provides housekeeping services to hotels in the Myrtle Beach, South Carolina area. The agreement resolves the Department’s investigation into whether Palmetto unlawfully denied employment to qualified and available U.S. workers because it preferred to hire temporary foreign workers with H-2B visas. It is the fourth settlement under the Civil Rights Division’s Protecting U.S. Workers Initiative, which is aimed at targeting, investigating, and taking enforcement actions against companies that discriminate against U.S. workers in favor of temporary visa workers.
The Department’s investigation determined that Palmetto failed to consider applications from qualified U.S. workers for its housekeeper positions, even though employers are required to recruit and hire available and qualified U.S. workers before they receive permission to hire temporary foreign workers under the H-2B visa program. After ignoring applications from U.S. workers, Palmetto represented to the U.S. Department of Labor (DOL) that it could not find qualified U.S. workers and obtained authorization to employ temporary visa workers.
“The Department of Justice will fight to ensure that U.S. workers are not denied jobs because an employer has a discriminatory preference for hiring temporary visa workers,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “I commend Palmetto for its cooperation with the Department’s investigation, and its agreement to engage in domestic recruitment efforts far surpassing the minimal recruiting requirements to participate in the H-2B visa worker program.”
Failing to consider or hire qualified U.S. workers based on their citizenship status violates the anti-discrimination provision of the Immigration and Nationality Act (INA), regardless of whether an employer has complied with other rules governing the use of temporary employment-based visa programs.
Under the settlement, Palmetto must engage in several types of enhanced recruiting and job advertising efforts to attract qualified U.S. workers, far beyond those required by the H-2B visa rules. Palmetto also must set aside $35,000 to pay any wages lost by U.S. workers whose applications it improperly rejected or ignored, pay $42,000 in civil penalties to the United States, and be subject to departmental monitoring.
Under the Protecting U.S. Workers Initiative, the Civil Rights Division has opened dozens of investigations, filed one lawsuit, and reached settlement agreements with four employers. Since the Initiative’s inception, employers have agreed to pay or have distributed over $320,000 in back pay to affected U.S. workers. The Division has also increased its collaboration with other federal agencies, including a new formalized partnership with DOL to combat discrimination and abuse by employers using foreign visa workers.
The Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
More information on how employers can avoid unlawful citizenship status discrimination is available here. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
Applicants or employees who believe they were subjected to: discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.
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Jury Convicts Lansing Man in International Identity Theft and Tax Refund SchemeRead the Press Release
GRAND RAPIDS, MICHIGAN — On Monday, September 17, 2018, a jury convicted Oghenevwakpo Igboba of one count of conspiracy to defraud the United States, one count of wire fraud, eight counts of making a false claim to the United States, and eight counts of aggravated identity theft. Igboba used other individuals’ personally identifying information to access tax information using an Internal Revenue Service website. He then took that sensitive tax and personal information and used it to file false federal income tax returns directing the IRS to pay fraudulent refunds to bank accounts he controlled. Igboba now faces up to 20 years in prison on the wire fraud conviction, which was the most serious charge, and at least two years consecutive for the aggravated identity theft convictions. The conspiracy and false claims convictions carry up to ten and five years in prison, respectively.
"My office will aggressively prosecute those who undermine the functioning of Internal Revenue Service systems and steal refunds owed to other hard-working Americans," said U.S. Attorney Andrew Birge. "This crime does damage to the individual tax payers whose identities were stolen in connection with the fraud, but it also does damage to all Americans who place their trust in the proper functioning of the tax system and expect an orderly and prompt payment of tax refunds. This defendant stole from all of us."
By filing Form 1040s before the real taxpayers, Igboba managed to direct hundreds of thousands of dollars to himself. IRS systems stopped many of the stolen returns from being issued, but Igboba personally received at least $57,000 as a result of his crime. He used personally identifying information to access tax information for more than 100 individuals through IRS systems. The evidence introduced at trial demonstrated that the defendant conspired with numerous individuals, both in the United States and abroad, to compile personal information and direct the tax returns to numerous bank accounts.
"Even one unauthorized access to confidential tax information is a violation of federal law, and in this case, the defendant stole hundreds of tax transcripts from the IRS in furtherance of a scheme to enrich himself at the expense of the American people," said J. Russell George, Treasury Inspector General for Tax Administration. "I want to commend our investigators, including those in our cybercrimes division, for cracking this case, their counterparts at IRS Criminal Investigation, and the U.S. Attorney’s office for helping us bring this individual to justice."
Special Agent in Charge Manny Muriel, IRS - Criminal Investigation, stated, "IRS-CI will not stop its pursuit of criminals who attempt and perpetrate tax-related identity theft." Muriel continued, "let this conviction stand as a warning to any would-be criminal that ID theft tax crimes will not be tolerated, and that you will be caught and brought to justice."
The case was investigated by the Treasury Inspector General for Tax Administration (TIGTA) and IRS - Criminal Investigation. Assistant United States Attorneys Sally J. Berens and Christopher M. O’Connor prosecuted the case.
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Johnstown Man Admits Distributing Heroin in December 2017Read the Press Release
JOHNSTOWN, Pa. -A resident of Johnstown, Pa., pleaded guilty in federal court to a charge of distribution of heroin, United States Attorney Scott W. Brady announced today.
Tony Charles Eppolito, 31, pleaded guilty to one count before United States District Judge Kim R. Gibson.
In connection with the guilty plea, the court was advised that on Dec. 6, 2017, Eppolito distributed less than 100 grams of heroin.
Judge Gibson scheduled sentencing for Feb. 7, 2019 at 10 a.m. The law provides for a total sentence of 20 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history of the defendant.
Assistant United States Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Cambria County Drug Task Force conducted the investigation that led to the prosecution of Eppolito.
Jamestown man Sentenced for Food Stamp FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joseph M. Gullotti, 57, of Jamestown, NY, who was convicted of food stamp benefits fraud, was sentenced to six months home detention by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay $173,515.00 in restitution to the U.S. Department of Agriculture.
Assistant U.S. Attorneys Douglas A.C. Penrose and Mary Catherine Baumgarten, who handled the case, stated that the defendant owned and operated Fresh Cut Meats & More, at 631 Newland Avenue in Jamestown. Gullotti, as the owner of Fresh Cut, was authorized to accept and redeem food stamps. The U.S. Department of Agriculture prohibits a retailer from accepting food stamps for ineligible items such as beer, cigarettes, and hot prepared food, from giving cash for the benefits, and from using the benefits to pay for items purchased on credit.
Between January 2015 and March 21, 2017, the defendant and others accepted food stamp benefits to pay for merchandise purchased on credit by a beneficiary including ineligible items. During that time, Gullotti and others engaged in approximately $173,515 of unlawful transactions.Today’s sentencing is the result of an investigation by the U.S. Department of Agriculture, under the direction of Special Agent-in-Charge Bethanne M. Dinkins; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Jamestown Police Department, under the direction of Chief Harry Snellings.
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Jamaican citizen charged with illegal reentry, illegal possession of a firearm and ammunitionRead the Press Release
A federal grand jury returned an indictment charging Christopher Sacewell, 33, for being an alien in possession of a firearm and ammunition and illegal reentry.
Sacewell, a Jamaican citizen, was previously removed from the United States in 2012.
Assistant United States Attorney Brian S. Deckert is prosecuting the case following an investigation by the Bureau of Alcohol, Tobacco and Firearms, Immigration and Customs Enforcement, Department of Homeland Security and the Cleveland Police Department.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Jacksonville Man Who Planned Attack on Mosque Sentenced to Five Years in Federal PrisonRead the Press Release
Jacksonville, Florida – U.S. District Judge Harvey E. Schlesinger has sentenced Bernandino G. Bolatete (69, Jacksonville) to five years in federal prison for possession of an unregistered firearms silencer. A federal jury found Bolatete guilty on May 11, 2018.
According to court documents, Bolatete came to the attention of law enforcement when a confidential source reported to the Jacksonville Sheriff’s Office that Bolatete had a plan to conduct a mass shooting at a local mosque if he learned, as he expected to, that his only kidney had failed and he would have to undergo dialysis. In response, the Jacksonville Sheriff’s Office launched an investigation that included introducing Bolatete to an undercover detective (UC), with whom Bolatete shared his plan to attack the mosque. The investigation revealed that Bolatete had a collection of firearms and was nearly always armed. Bolatete also suggested to the UC that he had visited the mosque in the past. He also shared which of his firearms he would use for the attack and repeatedly bragged about having shot someone with a silencer-equipped firearm. Bolatete advised the UC on the best ways to put a hit on an adversary.
When the UC told Bolatete that he had a source with access to silencers, Bolatete asked to buy one and insisted that it not be registered with the government (registration is required by federal law). Bolatete also sent a text message to the UC suggesting that he could use the silencer to take out the UC’s adversary.
Bolatete was arrested on December 1, 2017, after the UC sold him an unregistered silencer for $100. After his arrest, Bolatete admitted that he had possessed the unregistered silencer but claimed that he had purchased it for hunting. When FBI agents searched his home and car, they found a significant collection of firearms and ammunition, including the specific firearms that Bolatete had told the UC that he would use to conduct the mass shooting at the mosque.
“The FBI will not stand for threats of violence in our community against any group,” said Charles P. Spencer, Special Agent in Charge of the FBI Jacksonville Division, “and we will work to uphold the civil rights and liberties outlined in the U.S. Constitution for all Americans including the right to practice religion in peace. The Jacksonville community is safer today thanks to the vigilance of community members who saw something out of the ordinary and reported those concerns, as well as the cooperation of our federal, state and local law enforcement partners. We also commend the outstanding work of the Jacksonville Sheriff's Office which was vital to the success of this case.”
ATF Special Agent in Charge Daryl McCrary said, “As subject matter experts in violent crime, firearms and explosives, we will continue to work with our law enforcement partners to keep illegal firearms out of our communities.”
“I thank our FDLE agents and law enforcement partners for swiftly investigating this threat ensuring no one was hurt,” said FDLE Jacksonville Special Agent in Charge John Burke. “I urge all Floridians to report suspicious activity. If you see something, say something, call 855-FLA-Safe or 911.”
This case was investigated by the Jacksonville Sheriff’s Office, the Federal Bureau of Investigation, the Florida Department of Law Enforcement, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorneys Laura Cofer Taylor and Michael J. Coolican.
Hackers’ Cooperation with FBI Leads to Substantial Assistance in Other Complex Cybercrime InvestigationsRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that three defendants have been sentenced for their roles in creating and operating two botnets, which targeted “Internet of Things” (IoT) devices. Paras Jha, 22, of Fanwood, New Jersey; Josiah White, 21, of Washington, Pennsylvania; and Dalton Norman, 22, of Metairie, Louisiana, were sentenced today by Chief U.S. District Judge Timothy M. Burgess. On Dec. 8, 2017, Jha, White, and Norman pleaded guilty to criminal Informations in the District of Alaska charging them each with conspiracy to violate the Computer Fraud & Abuse Act in operating the Mirai Botnet. Jha and Norman also pleaded guilty to two counts each of the same charge, one in relation to the Mirai botnet and the other in relation to the Clickfraud botnet.
After cooperating extensively with the FBI, Jha, White, and Norman were each sentenced to serve a five-year period of probation, 2,500 hours of community service, ordered to pay restitution in the amount of $127,000, and have voluntarily abandoned significant amounts of cryptocurrency seized during the course of the investigation. As part of their sentences, Jha, White, and Norman must continue to cooperate with the FBI on cybercrime and cybersecurity matters, as well as continued cooperation with and assistance to law enforcement and the broader research community. According to court documents, the defendants have provided assistance that substantially contributed to active complex cybercrime investigations as well as the broader defensive effort by law enforcement and the cybersecurity research community.
Jha, White, and Norman became subjects of a federal investigation when, in the summer and fall of 2016, they created a powerful botnet – a collection of computers infected with malicious software and controlled as a group without the knowledge or permission of the computers’ owners. The Mirai Botnet targeted IoT devices – non-traditional computing devices that were connected to the Internet, including wireless cameras, routers, and digital video recorders. The defendants attempted to discover both known and previously undisclosed vulnerabilities that allowed them to surreptitiously attain control over the victim devices for the purpose of forcing the devices to participate in the Mirai Botnet. At its peak, Mirai consisted of hundreds of thousands of compromised devices. The defendants used the botnet to conduct a number of powerful distributed denial-of-service, or “DDoS” attacks, which occur when multiple computers, acting in unison, flood the Internet connection of a targeted computer or computers. The defendants’ involvement with the original Mirai variant ended in the fall of 2016, when Jha posted the source code for Mirai on a criminal forum. Since then, other criminal actors have used Mirai variants in a variety of other attacks.
Additionally, from December 2016 to February 2017, the defendants successfully infected over 100,000 primarily U.S.-based computing devices, such as home Internet routers, with malicious software. That malware caused the hijacked home Internet routers and other devices to form a powerful botnet. The victim devices were used primarily in advertising fraud, including “clickfraud,” a type of Internet-based scheme that makes it appear that a real user has “clicked” on an advertisement for the purpose of artificially generating revenue.
“Cybercrime is a worldwide epidemic that reaches many Alaskans,” said U.S. Attorney Bryan Schroder. “The perpetrators count on being technologically one step ahead of law enforcement officials. The plea agreement with the young offenders in this case was a unique opportunity for law enforcement officers, and will give FBI investigators the knowledge and tools they need to stay ahead of cyber criminals around the world.”
“The sentences announced today would not have been possible without the cooperation of our partners in international law enforcement and the private sector,” said Special Agent in Charge of FBI’s Anchorage Field Office, Jeffery Peterson. “The FBI is committed to strengthening those relationships and finding innovative ways to counter cybercrime. Cyber criminals often develop their technical skills at a young age. This case demonstrates our commitment to hold criminals accountable while encouraging offenders to choose a different path to apply their skills.”
These cases were investigated by the FBI’s Anchorage Field Office. The Mirai Botnet and Clickfraud Botnet cases were prosecuted by Assistant U.S. Attorney Adam Alexander of the District of Alaska and Trial Attorney C. Alden Pelker of the Computer Crime and Intellectual Property Section of the Justice Department’s Criminal Division. Additional assistance was provided by the FBI’s Newark, New Orleans and Pittsburgh Field Offices, Homeland Security Investigations (HSI) Atlanta – Greenville South Carolina Office, the U.S. Attorneys’ Offices for the Eastern District of Louisiana and New Jersey, the United Kingdom’s National Crime Agency, the French General Directorate for Internal Security, the Police Service of Northern Ireland, the National Cyber-Forensics & Training Alliance, Palo Alto Networks Unit 42, Google, Cloudflare, Coinbase, Flashpoint, Oath, 360.cn and Akamai. Former Department of Justice prosecutors Ethan Arenson, Harold Chun, and Yvonne Lamoureux provided invaluable support during their tenure at DOJ.
Greenville Man Sentenced on Federal Firearm ChargeRead the Press Release
Greenville, South Carolina ---- United States Attorney Sherri A. Lydon stated that Travis Lamond Simpson, age 36, of Greenville, was sentenced in federal court to 70 months imprisonment with 3 years of supervised release to follow. Simpson previously pled guilty to felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). United States District Judge Timothy M. Cain imposed the sentence.
Evidence presented in court established that on September 21, 2017, an officer with the Greenville Police Department was patrolling the area of 207 Shaw Street near Rutherford Road and Pete Hollis Boulevard, when the officer detected the odor of marijuana emanating from several individuals loitering on the sidewalk. After stopping to investigate, Simpson told the officer that he had a small amount of cocaine base in his pocket. Other officers soon arrived, and Simpson was arrested without incident on the state charge of possession of cocaine base. While clearing the area, the officers then located a loaded Phoenix Arms .22 caliber semi-automatic pistol in Simpson’s nearby vicinity. Simpson initially denied ownership of the pistol; however, diligent investigative work days later uncovered jail phone calls between Simpson and a third party, in which Simpson indicated ownership of the firearm.
Simpson is prohibited under federal law from possessing firearms and ammunition based upon prior state and federal convictions. Simpson has prior state convictions for possession of cocaine base (2002) and breaking into a motor vehicle (two counts, 2003). Simpson also has a prior federal conviction for use or carry of a firearm during a drug trafficking crime (2006).
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Greenville Police Department and was prosecuted as part of Project CeaseFire – a joint federal, state, and local initiative focused on aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Special Assistant United States Attorney Justin Holloway with the 13th Circuit Solicitor’s Office prosecuted the case.
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Great Falls Man Sentenced for Brandishing a FirearmRead the Press Release
HELENA - The United States Attorney’s Office announced today that 29-year-old Branden Miesmer of Great Falls was sentenced to 120 months in prison, 5 years of supervised release, and a $100 special assessment, to run consecutive to Miesmer’s state conviction for deliberate homicide. Additionally, the defendant received $1,000 in fines for contempt of court. Senior U.S. District Judge Charles C. Lovell presided over the hearing.
During the early morning hours of September 7, 2015, after committing a murder in Great Falls, Miesmer fled in a car reaching speeds of more than 110 mph on the interstate just north of Helena. Officers pursued Miesmer, but lost sight of his car. They found Miesmer’s car stopped next to another car at the intersection of Lincoln Road and Hauser Dam Road. Miesmer was removing people from a smaller station wagon located next to his car. Miesmer then quickly got in the new car and drove north.
According to the driver of the carjacked vehicle, he had stopped at the intersection when Miesmer pulled up, got out of his car, and approached the driver’s side door with a black semi-automatic pistol. Miesmer pointed the gun at the driver’s face and demanded that he get out of the car. Miesmer pulled the car door open and yanked the driver out of the car while the driver yelled for his kids to get out. The defendant later acknowledged his use of the firearm to the police in order to obtain the car.
The case was prosecuted by Assistant U.S. Attorney Jessica Betley and investigated by the Federal Bureau of Investigation, the Great Falls Police Department, and the Helena Police Department.
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.
Grand Jury Indicts California Man for Making Violent Threats Against Boston Globe EmployeesRead the Press Release
BOSTON – A federal grand jury has indicted a California man who was previously arrested and charged with making violent threats against Boston Globe employees in retaliation for the newspaper’s editorial response to political attacks on the media.
Robert D. Chain, 68, of Encino, Calif., was indicted on seven counts of use of interstate and foreign commerce to transmit a threat to injury another person. Chain was previously charged by criminal complaint and arrested on Aug. 30, 2018. He is scheduled to appear in federal court in Boston on Sept. 24, 2018.
On Aug. 10, 2018, the Boston Globe announced that it was requesting that other newspaper publications around the country publish a coordinated editorial response to political attacks on the media. The coordinated editorial response was to be published on Thursday, Aug. 16, 2018. Immediately following the announcement, Chain allegedly began making threatening calls to the Boston Globe’s newsroom. In the calls, Chain referred to the Globe as “the enemy of the people” and threatened to kill newspaper employees.
On Aug. 16, 2018, the day the editorial response was published in the Boston Globe, Chain called the Globe newsroom and threatened that he was going to shoot Globe employees in the head “later today, at 4 o’clock.” As a result of that call, law enforcement officers responded to the Globe’s offices and maintained a presence outside the building to ensure the safety of the employees.
The seven counts charged in the indictment relate to seven separate threatening phone calls that Chain allegedly made to the Globe newsroom.
The charge of making threatening communications in interstate commerce provides for a sentence of no greater than five years, one year 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 and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office made the announcement today. Valuable assistance was provided by the Bureau of Alcohol Tobacco, Firearms and Explosives, Los Angeles Field Division; the Drug Enforcement Administration, Los Angeles Division; the U.S. Postal Inspection Service, Los Angeles Division; the California Highway Patrol; and the Los Angeles Police Department. The Boston Police Department also provided assistance. Assistant U.S. Attorney George P. Varghese of Lelling’s National Security Unit is prosecuting the case.
The details contained in the court documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Georgia Physician Sentenced to 100 Months in Prison, Fined for Role in Fueling Opioid CrisisRead the Press Release
DUBLIN, GA: Former gynecologist George “Mack” Bird III, 59, was sentenced to more than eight years in prison and fined $20,000 on Tuesday, Sept. 18, for dispensing and prescribing addictive opioids and other drugs to people who received little or no medical services from clinics in Dublin and Eastman. Bird also agreed to forfeit $2.7 million of seized assets and real estate that he admitted were traceable to proceeds of his crimes.
Bird, who pled guilty in March before Senior U. S. District Court Judge Dudley H. Bowen Jr. to charges of Conspiracy to Distribute Controlled Substances and Conspiracy to Commit Money Laundering, was indicted in 2017 on multiple felonies. The negotiated plea with a sentence of 100 months in prison does not include the possibility of parole, and Bird will be subject to 36 months of supervised release following his incarceration.
Starting in 1992, Bird owned and operated a gynecology practice in Eastman, Ga., about an hour southeast of Macon, and later opened a weight loss clinic in Dublin. He admitted the offices sold and prescribed drugs including the opiate hydrocodone, along with alprazolam (Xanax), carisoprodol (Soma), phentermine (Adipex), and phendimetrazine (Plegime) to customers who typically paid in cash and received no legitimate medical services. In the years leading to his arrest in 2015, Bird increasingly delegated his patient care responsibilities to unqualified employees who used pre-signed prescription forms and preprinted medical notes to give the appearance that Bird was performing examinations.
Bird’s criminal conduct netted him millions of dollars. Although he kept a significant portion of that money, Bird used some of his proceeds to pay his co-conspirators and purchase drugs for eventual distribution.
“Mack Bird could be the poster child for the opioid crisis in this country – a greedy, self-serving criminal who violated the law and his medical oath to enrich himself at the lifelong expense of the ‘patients’ he willingly enslaved to deadly addictions,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. “The U.S. Attorney General has made it clear that battling opioid abuse is a priority, and this office will vigorously prosecute illegal drug dealers whether they are on a street corner or in a fancy office.”
Christine also commended the hard work and dedication of the Drug Enforcement Administration’s Tactical Diversion Squad and the Oconee Drug Task Force, both of which investigated the case.
“Complicit doctors who overprescribe prescription opioids often prey on patients who are addicted to these powerful medications,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division. “Some of these doctors operate under the guise of a stethoscope and white coat, which serves as a front for their legitimacy. This successful investigation was a direct result of hard work put forth by all law enforcement agencies involved and the subsequent prosecution by U.S. Attorney’s Office.”
Assistant United States Attorney Patricia G. Rhodes prosecuted the case on behalf of the United States.
For any questions, please contact the United States Attorney’s Office at (912) 652-4422.
Fort Dix Correctional Officer Indicted for Accepting Bribes in Exchange for Delivering Contraband to InmatesRead the Press Release
NEWARK, N.J. – A federal grand jury indicted a former Fort Dix correctional officer today for accepting cash bribes in exchange for delivering contraband to federal inmates at Fort Dix, U.S. Attorney Craig Carpenito and Special Agent in Charge Guido Modano of the U.S. Department of Justice Office of the Inspector General, New York Field Division, announced.
Paul Anton Wright, 32, of Berlin, New Jersey, was charged by indictment with two counts of agreeing to accept and accepting bribes, two counts of violating the Travel Act, and one count of providing contraband to an inmate inside a correctional facility. Wright was charged by criminal complaint in April 2018. He will be arraigned in federal court on a date to be determined.
According to documents filed in this case and statements made in court:
Wright was a correctional officer at Federal Correctional Institution Fort Dix (FCI Fort Dix), a Bureau of Prisons facility for male inmates in Burlington County. In 2015, Wright agreed to accept cash bribes in exchange for smuggling contraband, including tobacco, K2 (synthetic marijuana) and suboxone (a narcotic used treat opioid addiction), to inmates.
Wright received the cash bribes from two individuals outside of the facility. From February 2015 to September 2015, Wright traveled to Philadelphia to receive cash payments from the relative of an inmate and subsequently delivered contraband, including K2, to the inmate. For example, on April 21, 2015, Wright accepted a cash payment from the relative, deposited a portion of it into his bank account and used some of the cash to gamble at a casino in Atlantic City. In exchange for that payment, Wright subsequently delivered contraband to an inmate.
From October 2015 to December 2015, Wright traveled to Bronx, New York, to receive cash payments from the relative of another inmate’s girlfriend. He met with this relative multiple times and accepted contraband and cash. For example, on Dec. 13, 2015, Wright accepted a cash payment of several thousand dollars from this relative in exchange delivering contraband to the inmate.
The bribery counts with which Wright is charged carry a maximum penalty of 15 years in prison. The maximum fine is the greatest of three times the value of the bribe payments or $250,000. The Travel Act counts and the contraband smuggling count all carry a maximum penalty of five years in prison and a maximum fine of $250,000 per count.
U.S. Attorney Carpenito credited special agents of the Department of Justice, Office of the Inspector General, under the direction of Special Agent in Charge Modano, with the investigation leading to today’s indictment.
The government is represented by Assistant U.S. Attorney Rahul Agarwal, Deputy Chief of the Criminal Division, and Tazneen Shahabuddin, Assistant U.S. Attorney in the Special Prosecutions Division.
Defense counsel: Angelo Bianchi Esq. and Peter LaGreca Esq., West Caldwell, New Jersey
Former Supervisory U.S. Border Patrol Agent Sentenced Following Convictions for Civil Rights Abuses and Firearms OffensesRead the Press Release
Assistant U.S. Attorneys Colin McDonald (619) 546-9144 and Jennifer McCullough (619) 546-8773
NEWS RELEASE SUMMARY – September 18, 2018
SAN DIEGO – Former U.S. Supervisory Border Patrol Agent Martin Rene Duran was sentenced in federal court today to 24 months in custody for unlawfully depriving another of his civil rights under color of law and for firearms offenses.
On August 16, 2018, Duran pleaded guilty to two counts charging him with depriving an individual, R.C., of rights under color of law. For over two years, Duran unlawfully wielded the power of the United States government to target and harass R.C., an innocent father trying to protect his child from sexual abuse. Duran created multiple entries in U.S. government databases to harass R.C. Duran falsely accused R.C. of being an arms trafficker; he falsely claimed R.C. was making threats to law enforcement; he falsely claimed R.C. had bribed his way out of child sexual abuse charges in Mexico; he falsely caused law enforcement to detain and interrogate R.C. on several occasions; and he interrogated R.C. himself, threatening to take away R.C.’s legal permanent resident status in the United States. The false database entries created by Duran resulted in R.C. being detained at the San Ysidro Port of Entry on multiple occasions.
Duran’s targeting of R.C. began just days after R.C. filed allegations of child sexual abuse in Mexico against Duran’s brother-in-law, Raymond Estrada Figueroa (who has since been charged with child sexual abuse offenses in the Southern District of California). When confronted about his actions, Duran lied about his behavior. For instance, Duran denounced any motive for targeting R.C., claiming he had no knowledge about the allegations against Estrada. That was false: among other things, Duran hired Estrada’s attorney for the case, sent the attorney emails about Estrada, and even paid Estrada’s attorney for his services. Duran also claimed his false reports about R.C. were based on information he received from a “confidential source.” But that “confidential source” denied even knowing R.C.
Separately, on February 2, 2018, Duran was found guilty after a jury trial of seven counts of illegal transportation of firearms and one count of possession of a short-barreled rifle. Duran purchased seven firearms in Arizona in 2011, 2013 and 2014. Duran made these purchases using an Arizona driver’s license with an address where he never lived and claimed Arizona residency even though he resided in California. At the time of the execution of a federal search warrant in October 2015, Duran was in possession of multiple firearms that were illegal in California and one short-barreled rifle.
Today, for his crimes, U.S. District Judge Marilyn L. Huff sentenced Duran to a term of 24 months’ custody on the firearms offenses and a concurrent term of 12 months’ custody on the civil rights offenses.
“Martin Duran used his significant power as a Border Patrol official against someone he was sworn to protect,” said U.S. Attorney Adam Braverman. “He targeted a law-abiding citizen because of a personal vendetta, and for that he will go to prison.”
“Former Supervisory Border Patrol Agent Martin Duran selfishly tarnished the reputation and badge worn proudly by so many hard working and upstanding members of the law enforcement community,” said Jeffrey J. Gilgallon, Special Agent in Charge, ICE Office of Professional Responsibility. “He shamelessly turned his back on the citizens of the U.S. and used the powers of his office to serve his own personal needs. We are grateful to have the cooperation and support of our DHS federal partners in investigating officials who abuse the public trust.”
“It is ATF’s duty and obligation to conduct criminal investigations whenever presented with credible evidence of violations of federal firearms laws,” said ATF Los Angeles Field Division (LAFD) Special Agent in Charge Bill McMullan. “Duran, a law enforcement officer, introduced firearms into the criminal element instead of taking them away from the criminal element. Through his actions, public safety was jeopardized. ATF’s mission is to focus our efforts on firearms traffickers and trigger pullers and we will continue to pursue individuals engaged in this type of illegal activity.”
DEFENDANT
Martin Rene Duran Age: 49 Chula Vista, CA
SUMMARY OF CHARGES
Case Number: 15CR2818
Deprivation of Rights Under Color of Law, in violation of Title 18, U.S.C., Sec. 242
Maximum Penalties: 12 months’ custody, a fine of $100,000, one year of supervised release.
Case Number: 15CR2817
Title 18, United States Code, Section 922(a)(3) – Illegal Transportation of Firearms
Maximum Penalties: 5 years’ incarceration, a fine of $250,000, three years of supervised release.
Title 26, United States Code, Sections 5861 and 5871 – Possession of Unregistered Firearm: Maximum Penalties: 10 years’ incarceration, a fine of $250,000, three years of supervised release.
AGENCIES
Bureau of Alcohol, Tobacco, Firearms and Explosives
Immigration and Customs Enforcement – Office of Professional Responsibility
Department of Homeland Security – Office of Inspector General
U.S. Customs and Border Protection - Office of Professional Responsibility
Former St. Bernard Parish Correctional Officer Pleads Guilty to Violating the Civil Rights of an Inmate Resulting in Her DeathRead the Press Release
Acting Assistant Attorney General John Gore and U.S. Attorney Peter G. Strasser today announced that former St. Bernard Parish correctional officer Timothy Williams pled guilty to violating the civil rights of inmate Nimali Henry, who died in the St. Bernard Parish Prison on April 1, 2014.
In pleading guilty, Williams admitted that Ms. Henry died as a result of his intentional deprivation of her constitutional right to be free from a correctional officer’s deliberate indifference to her serious medical needs. Williams acknowledged that he willfully disregarded a substantial risk of serious harm to Henry’s health and safety by failing to take reasonable measures to address her medical conditions.
“Williams deliberately deprived the victim of necessary medical attention, resulting in her death,” said Acting Assistant Attorney General John Gore. “Williams admittedly violated federal law and his sworn duty as a corrections officer to adequately care for and protect the constitutional rights of an inmate under his supervision.”
“Today’s conviction demonstrates DOJ’s commitment to hold accountable those individuals entrusted to protecting the rights of all citizens, including inmates,” said U.S. Attorney Strasser. “It is extremely important that our office, along with our law enforcement partners, continue to vigorously protect the rights of all citizens within the Eastern District and seek justice for those subjugated by civil rights violations.”
Sentencing is set before the Honorable Ivan L.R. Lemelle on Jan. 16, 2019. Williams faces a sentence of up to life imprisonment.
The FBI investigated this matter. The case is being prosecuted by Assistant U.S. Attorneys Tracey N. Knight and Chandra Menon and Trial Attorney Christine M. Siscaretti of the Civil Rights Division’s Criminal Section.
Former St. Bernard Parish Correctional Officer Pleads Guilty to Violating the Civil Rights of an Inmate Resulting in Her DeathRead the Press Release
WASHINGTON – Acting Assistant Attorney General John Gore and U.S. Attorney Peter G. Strasser today announced that former St. Bernard Parish correctional officer Timothy Williams pled guilty to violating the civil rights of inmate Nimali Henry, who died in the St. Bernard Parish Prison on April 1, 2014.
In pleading guilty, Williams admitted that Ms. Henry died as a result of his intentional deprivation of her constitutional right to be free from a correctional officer’s deliberate indifference to her serious medical needs. Williams acknowledged that he willfully disregarded a substantial risk of serious harm to Henry’s health and safety by failing to take reasonable measures to address her medical conditions.
“Williams deliberately deprived the victim of necessary medical attention, resulting in her death,” said Acting Assistant Attorney General John Gore. “Williams admittedly violated federal law and his sworn duty as a corrections officer to adequately care for and protect the constitutional rights of an inmate under his supervision.”
“Today’s conviction demonstrates DOJ’s commitment to hold accountable those individuals entrusted to protecting the rights of all citizens, including inmates,” said U.S. Attorney Strasser. “It is extremely important that our office, along with our law enforcement partners, continue to vigorously protect the rights of all citizens within the Eastern District and seek justice for those subjugated by civil rights violations.”
Sentencing is set before the Honorable Ivan L.R. Lemelle on Jan. 16, 2019. Williams faces a sentence of up to life imprisonment.
The FBI investigated this matter. The case is being prosecuted by Assistant U.S. Attorneys Tracey N. Knight and Chandra Menon and Trial Attorney Christine M. Siscaretti of the Civil Rights Division’s Criminal Section.
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Former Newark Watershed Conservation and Development Consultant Sentenced to Four Years in Prison for Wire Fraud SchemeRead the Press Release
NEWARK, N.J. – A political consultant from Essex County, New Jersey, was sentenced today to 48 months in prison for her role in a fraud scheme related to contracts with the Newark Watershed Development Corp. (NWCDC) and kickbacks to officials there, U.S. Attorney Craig Carpenito announced.
Dianthe Martinez-Brooks, 48, of West Orange, New Jersey, previously pleaded guilty before U.S. District Judge Jose L. Linares to an information charging her with one count of wire fraud. Judge Linares imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
Martinez-Brooks was the owner and proprietor of a consulting company called DMart127 LLC, which provided political consulting services to local candidates and elected officials, among others, in the Essex County area. Between May 2011 and March 2013, she participated in a scheme with Linda Watkins Brashear, the former NWCDC Executive Director, and Donald Bernard, the former Director of Special Projects, to defraud the NWCDC of the honest services of Brashear and Bernard, and of money and property.
Martinez-Brooks submitted fraudulent invoices to the NWCDC in the name of DMart127 detailing services that were purportedly performed, but which sought payments that overstated the value of any services she or her company performed. Martinez-Brooks also assisted in obtaining contracts between companies owned by Kevin Gleaton and the NWCDC and contracts between a company owned by her relative and the NWCDC through Bernard and Brashear. Fraudulent invoices were submitted in the name of those companies to the NWCDC detailing services that were purportedly performed, but were never rendered by Gleaton, his companies, or Martinez-Brooks’ relative. Based on the fraudulent invoices, the NWCDC issued checks to DMart127, Gleaton’s companies and company belonging to Martinez-Brooks’ relative totaling $225,666. Martinez-Brooks kicked back a substantial amount of those proceeds to Brashear and Bernard.
In addition to the prison term, Judge Linares also sentenced Martinez-Brooks to three years of supervised release and ordered her to pay restitution of $225,666.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark; IRS – Criminal Investigation, under the direction of Special Agent in Charge Jonathan Tafur; and special agents of the U.S. Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent in Charge Christina Scaringi, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorneys Jacques S. Pierre and Jihee G. Suh of the Special Prosecutions Division.
Defense counsel: Paulette Pitt Esq., Woodbridge, New Jersey
Former Napoleon police officer sentenced to two years in prison for possessing child pornographyRead the Press Release
A former Napoleon police officer was sentenced to two years in prison for child pornography crimes.
Nicholas Evanoff, 34, previously pleaded guilty to possession of child pornography.
“These are cases with real victims, children whose lives will be forever changed because adults assaulted and violated them,” U.S. Attorney Justin Herdman said. “We will continue to work to prosecute those who re-victimize these children by sharing and downloading these images.”
Evanoff possessed the child pornography in 2017. He also smashed two hard drives in an effort to destroy evidence and hide his crimes, according to court documents.
The investigating agency in this case is the Federal Bureau of Investigation. The case is being handled by Assistant U.S. Attorney Tracey Ballard Tangeman.
Former Medical Doctor Sentenced to over Three Years in Prison for Unlawfully Prescribing OxycodoneRead the Press Release
SAN FRANCISCO – Christopher Owens was sentenced to 41 months in prison for unlawfully prescribing oxycodone hydrochloride without a medical purpose, announced United States Attorney Alex G. Tse and U.S. Drug Enforcement Administration (DEA) Special Agent in Charge Chris Nielsen. The sentence was handed down today by the Honorable William Alsup, U.S. District Judge.
Owens pleaded guilty on March 20, 2018. According to his open plea application filed with the court, Owens, 50, of Indianapolis, Ind., was a medical doctor when he prescribed oxycodone hydrochloride, a Schedule II controlled substance, to an individual. Owens acknowledged he prescribed the drugs without a legitimate medical need and outside of the course of medical practice. On July 11, 2017, a federal grand jury indicted Owens charging him with distributing oxycodone without a medical need, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). . Owens has since lost his license to practice medicine.
In sentencing Owens, Judge Alsup stated, “[Owens] was not running a pill mill, . . . but he was doing something just as bad . . .. He used that prescription pad to feed a habit.”
In addition to the prison term, Judge Alsup ordered Owens to serve three years of supervised release to begin after his prison term is completed and a $7,500 fine. Judge Alsup ordered Owens to surrender and begin serving his sentence on December 3, 2018.
Assistant U.S. Attorney Sheila A.G. Armbrust is prosecuting the case with the assistance of Linda Love. The prosecution is the result of an investigation by the DEA with assistance from the University of California San Francisco Police Department.
Former Mason County Deputy Sentenced to Prison for Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Mike Stuart announced that Terry Lee Powell, 42, of Point Pleasant, was sentenced today to five months in prison, followed by six months of home confinement for possession of a stolen firearm. Stuart commended the efforts of the West Virginia State Police and the Mason County Sheriff’s Department.
“Powell violated the public’s trust and dishonored the law enforcement profession and his fellow officers when he chose to commit this crime,” said United States Attorney Mike Stuart. “The overwhelming majority of our law enforcement officers conduct themselves every day with the utmost integrity. The few law enforcement officers who abuse their power and authority and act unlawfully, must be prosecuted.”
Powell pled guilty in June 2018, admitting that on July 4, 2015, while working as a Mason County Deputy Sheriff, he seized a World War II era Luger 9mm pistol during an investigation he was conducting at a residence on Ultra Lane in Ashton, West Virginia. Instead of logging the weapon into evidence, Powell sold it for $2,500 to Eugene Asbury of Gallipolis Ferry. Mason County Sheriff Gregory Powers had been conducting an internal investigation of Powell when he learned that West Virginia State Troopers found evidence of Powell’s theft and sale of the pistol while executing a federal search warrant at Asbury’s residence in April 2016. Sheriff Powers referred the matter to the State Police for criminal investigation. Asbury later pled guilty to federal drug trafficking and money laundering charges as a result of that investigation and was sentenced to 63 months in prison.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Joshua Hanks 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.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Former Indianapolis Police Officer Sentenced to Prison for Excessive Force Against an Arrestee at Veterans Affairs Medical CenterRead the Press Release
Michael Kaim, 28, a former police officer with the Veterans Affairs Medical Center Police Department, was sentenced today in U.S. District Court in Indianapolis, Indiana, for deprivation of civil rights, announced John Gore, Acting Assistant Attorney General for the Civil Rights Division; United States Attorney Josh J. Minkler of the Southern District of Indiana; and Grant Mendenhall, Special Agent in Charge of the FBI’s Indianapolis Division. Kaim was sentenced to serve 12 months in prison and pay a fine of $1,000.
According to the defendant’s plea agreement and admissions in court, the defendant shoved and repeatedly punched a patient-employee whom he was in the process of arresting outside of the Richard L. Roudebush Veterans Affairs Medical Center.
“Any law enforcement official who uses excessive force against an arrestee violates the Constitution, which is designed to protect the civil rights of all individuals, including veterans who sacrifice their lives for our freedoms,” said Acting Assistant Attorney General John Gore. “The Department of Justice will continue to aggressively prosecute officer misconduct.”
“When excessive force is used by police officers against members of our community, particularly our veterans, it erodes confidence in our justice system and does irreparable damage to public confidence,” said U.S. Attorney Josh Minkler. “Anyone who violates the civil rights of others will be held accountable.”
"The public has a right to expect better from their law enforcement officers, especially those who work with our military veterans - men and women who have bravely served our country," said Grant Mendenhall, Special Agent in Charge of the FBI's Indianapolis Division. "The FBI will continue to hold accountable members of the law enforcement community who violate the civil rights of individuals they should be protecting."
This case was investigated by the FBI. The case was prosecuted by Trial Attorney Anita T. Channapati of the Justice Department’s Civil Rights Division with assistance from the United States Attorney’s Office in Indianapolis.
Former Eagle River Resident Sentenced for Embezzling Approximately $150,000 from Mustang Hockey AssociationRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that a former Eagle River resident has been sentenced in federal court for embezzling approximately $150,000 from the Mustang Hockey Association.
Jennifer Suchan, aka “Jennifer Kerr,” 34, was sentenced today by Chief U.S. District Judge Timothy M. Burgess, to serve 14 months in prison, followed by three years of supervised release. Suchan previously pleaded guilty to three counts of wire fraud, and as part of her plea, she agreed to pay a total of $170,353 in restitution.
According to court documents, from 2014 to 2017, Suchan was the treasurer of the Mustang Hockey Association, a volunteer, non-profit youth hockey organization operating in the Eagle River area. In 2015, Suchan began forging the signature of another board member to write herself checks on the Association’s bank account. Suchan falsely noted the checks were for office supplies, reimbursements, tax payments, and professional services, among other things. She actually used the money she obtained by forging the checks to pay for purchases such as a $1,500 chicken coop, trips for her family to Disneyland and Alyeska, payments on her BMW, and mortgage payments on her house, among other things.
Suchan repeatedly forged checks to herself over the course of two and half years, until she was caught. During that time, Suchan forged over 140 checks to herself totaling approximately $150,000. In addition to the $150,000 in forged checks, Suchan failed to document the purpose of an additional $7,353 in checks deposited to her own account, in her own name, that were not forged, and $14,000 in cash she withdrew from the Association’s bank account. She will repay the full amount in restitution.
The Federal Bureau of Investigation (FBI) and the Anchorage Police Department conducted the investigation leading to the successful prosecution of this case. This case was prosecuted by Assistant U.S. Attorneys Aunnie Steward and Anne Veldhuis.
Fifth Circuit Solicitor and Director of Communications Indicted for FraudRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Daniel Edward Johnson, age 47, Fifth Circuit Solicitor a resident of Blythewood, and Nicole Halliett Holland, age 49, Director of Communications a resident of Columbia, were charged in a 26-count Indictment by a Grand Jury in Columbia for Wire Fraud, a violation of Title 18, United States Code, § 1343; Mail Fraud, a violation of Title 18, United States Code, § 1341; Conspiracy to Commit Wire & Mail Fraud, a violation of Title 18, United States Code, § 1349; and Theft of Federal Funds, a violation of Title 18, United States Code, § 666.
Ms. Lydon stated the penalty faced by the Defendants for violations of Title 18, United States Code, §§ 1341, 1343, and 1349 is imprisonment not exceeding twenty years, with a potential fine up to $250,000. The penalty faced by the Defendants for a violation of Title 18, United States Code, § 666 is imprisonment not exceeding ten years, with a potential fine up to $250,000.
The Federal Bureau of Investigation (FBI) and South Carolina Law Enforcement Division (SLED) investigated the case. Assistant United States Attorneys Winston D. Holliday, Jr., Alyssa L. Richardson, and William C. Lewis of the Columbia office are prosecuting the case.
A copy of the Indictment is attached to this email.
The United States Attorney stated that all charges in the indictment are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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163110130790.pdfFederal Inmate at Fort Dix Sentenced to Additional 10 Years for Possessing Images and Videos of Child Sexual Abuse While in PrisonRead the Press Release
CAMDEN, N.J. – A Fredericksburg, Virginia, man was sentenced today to an additional 120 months in prison for possessing images of child sexual abuse while imprisoned at Federal Correctional Institution Fort Dix for a previous offense involving the distribution of child pornography, U.S. Attorney Craig Carpenito announced.
Jacob S. Good, 26, previously pleaded guilty before Senior U.S. District Judge Joseph H. Rodriguez to an information charging him with one count of possession of child pornography. Judge Rodriguez imposed the sentence today in Camden federal court.
According to documents filed in this case and statements made in court:
Good admitted that he possessed a micro SD Card which contained numerous images of child sexual abuse, some of which depicted prepubescent children. In connection with his plea, Good also admitted that he used a smart phone and access to the dark web to view and possess child pornography.
Good and seven other inmates were arrested in April 2017 and February 2018 following an FBI investigation involving multiple covert recordings and several cooperating inmates. The investigation revealed that Good and other inmates utilized contraband cellphones, micro SD cards, and access to the internet to obtain, view, and distribute child pornography within the prison. A co-defendant organized and helped facilitate this criminal activity by maintaining cloud accounts that were used as repositories for child pornography.
In addition to the prison term, Judge Rodriguez sentenced Good to lifetime supervised release.
Six other inmates – all of whom were serving sentences for prior child pornography offenses while committing the alleged crimes in this case – have pleaded guilty: Erik M. Smith, 36, of Iron Mountain, Michigan: Anthony C. Jeffries, 32, of Orange, Virginia; Jordan T. Allen, 31, of Plain City, Ohio; Brian J. McKay, 47, of Brookhaven, Pennsylvania; Christopher D. Roffler, 30, of Virginia Beach, Virginia; and Charles Wesley Bush, 38, of Knoxville, Tennessee. Smith was sentenced to 151 months in prison; the other five defendants are awaiting sentencing.
William H. Noble, 52, of Lowell, Massachusetts, was indicted on May 23, 2018, and is scheduled for trial next year. The charges and allegations against Noble are merely accusations, and he is presumed innocent unless and until proven guilty.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation. He also thanked officials of the Bureau of Prisons at Federal Correctional Institution Fort Dix for their assistance.
The government is represented by Assistant U.S. Attorneys Gabriel J. Vidoni and Alyson M. Oswald of the U.S. Attorney’s Office’s Criminal Division in Camden.
Defense counsel: David M. Simon Esq., Camden
Federal Grand Jury Indicts Indiana Man for String of Twin Cities Drugstore RobberiesRead the Press Release
United States Attorney Erica H. MacDonald today announced a federal indictment charging MICHAEL IMAN WHITE, 19, with robbery and attempted robbery of multiple Walgreens pharmacies.[1] WHITE, who was arrested on a federal criminal complaint on August 22, 2018, will be arraigned tomorrow afternoon before a Magistrate Judge in U.S. District Court.
According to the indictment, between April 3, 2018 and July 17, 2018, WHITE used force, violence, and fear of injury to commit two robberies and two attempted robberies of Walgreens pharmacies located in St. Paul and Edina, Minnesota. In total, WHITE stole approximately $69,000 worth of narcotics and other controlled substances.
The Hobbs Act, passed by Congress in 1946, allows federal prosecutors to prosecute individuals who commit armed robberies of businesses engaged in interstate commerce. If convicted, WHITE faces a potential maximum penalty of 20 years in prison on each count.
This case was the result of an investigation conducted by the FBI, the Edina Police Department, the Saint Paul Police Department, and the Bloomington Police Department. This case is part of Project Safe Neighborhoods, an initiative that brings together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.
Assistant U.S. Attorney Jeffrey S. Paulsen is prosecuting the case.
Defendant Information:
MICHAEL IMAN WHITE, 19
Muncie, Ind.
Charges:
- Attempted interference with commerce by robbery, 2 counts
- Interference with commerce by robbery, 2 counts
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Federal Authorities Respond to Violent Crime in Mayfield with Announcement of Project Safe Neighborhoods OperationRead the Press Release
MAYFIELD, Ky. – United States Attorney Russell M. Coleman, joined by Louisville Field Division Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Stuart L. Lowrey, Drug Enforcement Administration (DEA) Special Agent in Charge Darrell Christopher Evans, Kentucky State Police Commissioner Rick Sanders, Mayfield Police Department Chief Nathan Kent, and other partners announced the initial arrests related to an operation cracking down against violent criminal activity within Graves County, Kentucky.
A federal grand jury in Paducah, Kentucky, returned 14 charges in five indictments leading to the arrests of five people connected to the sale of guns and drugs in Mayfield, Kentucky. All of the defendants are in federal custody following initial appearances in U.S. District Court.
“The feds have come knocking in Mayfield along with our law enforcement partners from across the Purchase,” stated U.S. Attorney Russell Coleman, “To send a message that this lawlessness will not be tolerated. Stay tuned as there is more to come.”
“All too often, drug dealers use guns to further their violent criminal activities,” stated ATF Special Agent in Charge Stuart Lowrey, of the Louisville Field Division. “ATF is committed to working with our law enforcement partners to assist in identifying, arresting and prosecuting armed and violent criminals.”
Gabriel Vejar, 21, Keith Holliman, 26, Ahmad Perry, 28, Getrudis Vargas, 42, and Kevin Gray, 45, all from the Mayfield, Kentucky area are charged in the indictments.
- Gabriel A. Vejar is charged in a one count indictment of being a felon in possession of a firearm, a Smith and Wesson, model SD40VE, .40 caliber pistol. If convicted at trial, the maximum sentence for unlawfully possessing a firearm is no more than 10 years in prison a $250,000 fine, and three years of supervised release.
- Keith A. Holliman is charged in a six count indictment. According to the charges, Holliman knowingly possessed a firearm, a Clerke Technicorp, model Clerke 1st, .22 long rifle caliber revolver with an obliterated serial number; the defendant also faces two counts of possession of cocaine with intent to distribute; two counts of carrying a firearm during and in relation to drug trafficking; and one count of being an illegal recipient of a firearm by a person under indictment. If convicted at trial, the maximum sentence on counts 1 and 4 is no more than five years; counts 2 and 5 carry no more than 20 years in prison; count 3 carries a minimum of five years in prison; and count 6 is no less than 25 years in prison.
- Ahmad Perry is charged with two counts of being a felon in possession of a firearm, a Jennings, model J-22, .22 caliber pistol and a SIG Sauer, model 238, .380 Auto caliber pistol. If convicted at trial, the maximum sentence for unlawfully possessing a firearm is 10 years in prison, a $250,000 fine, and three years of supervised release.
- Getrudis Vargas is charged with possession with intent to distribute methamphetamine, and being an illegal alien in possession of a firearm, a SCCY Industries, model CPX-2, 9 millimeter pistol. If convicted at trial, Vargas faces no less than 10 years for possession with intent to distribute, and no more than 10 years for being an illegal alien with a firearm.
- Kevin Gray is charged in a three count indictment. Gray was previously convicted of a misdemeanor crime of domestic violence in 2011, prohibiting him from owning a firearm; on or about March 9, 2018, Gray possessed a Hi-Point 9 millimeter, model C-9 pistol, which he sold to a felon, according to the indictment. Gray is charged with two counts of a prohibited person in possession of a firearm, and one count of sale of a firearm to a felon; all counts carry no more than 10 year sentence, if convicted at trial.
These cases are being prosecuted by Assistant United States Attorneys Seth Hancock and Madison Sewell and Special Assistant United States Attorney Leigh Ann Dycus, and are being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Drug Enforcement Administration (DEA), Kentucky State Police, Mayfield Police Department, Graves County Sheriff’s Office, McCracken County Sheriff’s Office, Murray Police Department, and United States Immigration and Customs Enforcement (ICE).
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Kentucky. A centerpiece of this effort is Project Safe Neighborhoods, a program that rings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Today’s indictments are part of the Project Safe Neighborhoods Initiative in the Western District of Kentucky.
The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty.
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Essex County, New Jersey, Woman Admits Role in Illegal Food Stamps SchemeRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, woman admitted today that she took part in a food stamps fraud scheme, U.S. Attorney Craig Carpenito announced.
Maria Teresa Venegas, 25, of Newark, pleaded guilty before U.S. District Judge John Michael Vazquez to an information charging her with one count of Supplemental Nutrition Assistance Program (SNAP) benefit fraud.
According to documents filed in this case and statements made in court:From November 2011 to March 2018, Venegas was the owner of Jenny’s Deli, a small grocery store in Newark, which was authorized to accept benefits provided by SNAP, formerly known as the Food Stamp Program. The program is administered by the U.S. Department of Agriculture. Retail food stores approved for participation in SNAP may sell food in exchange for SNAP benefits, but may not exchange SNAP benefits for cash. Venegas allegedly exchanged more than $885,000 in SNAP benefits for cash between 2011 and 2018.
Every SNAP recipient receives an Electronic Benefit Transfer (EBT) card, similar to a debit card, to use to make purchases. Every retailer authorized to accept SNAP benefits has an EBT terminal. Food purchases are made by swiping the card at the terminal. After the customer enters a Personal Identification Number (PIN), the EBT terminal verifies the PIN, determines whether the customer’s account balance is sufficient to cover the proposed transaction, and informs the retailer whether the transaction should be authorized or denied. The amount of the purchase is deducted electronically from the SNAP benefits reserved for the customer and the purchase amount is credited to the retailer’s designated bank account.
In addition to the high volume of SNAP benefits redemptions for Jenny’s Deli, indicating fraud, law enforcement agents verified the fraudulent exchange of SNAP benefits for cash through the use of an undercover law enforcement agent who engaged in approximately 20 “purchases” at Jenny’s Deli where she exchanged money for SNAP benefits.
The SNAP fraud charge carries a maximum penalty of 20 years in prison and a fine of $250,000, or twice the gross pecuniary gain/loss. Sentencing is scheduled for Jan. 25, 2019.
U.S. Attorney Carpenito credited special agents of the U.S. Department of Agriculture – Office of Inspector General, under the direction of Special Agent in Charge Bethanne M. Dinkins, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Jason S. Gould of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Linda Foster Esq., Assistant Federal Public Defender (Newark)
Delta Sonic Employee Sentenced in Connection with Oil Discharge into Cayuga Creek; Company to Pay Civil PenaltiesRead 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 Michael Yount, 47, of Lancaster, NY, who was convicted of making a materially false statement, was sentenced to serve two years probation by U.S. District Judge Elizabeth A. Wolford. Judge Wolford also ordered the defendant to perform 100 hours of community service “that directly contributes to the betterment of this community’s environment.”
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that on July 18, 2016, the New York State Department of Environmental Conservation (DEC) responded to an alleged oil spill in Cayuga Creek in Niagara Falls, NY. The NYS-DEC Spills Unit found a significant amount of suspected waste oil in the creek along Niagara Falls Boulevard near Tuscarora Road and in a large storm sewer water pipe along Niagara Falls Boulevard.
As part of a subsequent investigation, a DEC Environmental Programs Technician began looking into potential sources of the oil discharge—which the Technician estimated to be between 300 and 500 gallon oil spill—and whether a violation of the Clean Water Act had occurred. The Technician contacted the defendant, who was the Environmental Compliance Officer for Delta Sonic Car Wash Systems, Inc., which has a location on Niagara Falls Boulevard, approximately a half a mile from Cayuga Creek. During a meeting at the Delta Sonic location on Niagara Falls Boulevard, the Technician learned that Delta Sonic was renovating the oil change and lube shop garage, which involved the removal of concrete floors by a subcontractor. At that time, Yount stated that there had not been any problems except for a minor spill of approximately two gallons of oil which was immediately cleaned up.
The Technician returned to Delta Sonic the following day and observed an absorbent boom with oil on it in a storm sewer receiver located in the parking lot outside of the oil change garage. While the Technician was looking into the storm sewer receiver with the defendant, Yount, sought to mislead the Technician by stating that booms were often left in sewers and that the boom in question may have been in there for some time. However, the defendant knew that booms were not often left in the sewers at Delta Sonic and that this boom had been placed in the storm sewer receiver approximately six days earlier. Such boom had been placed in the storm sewer receiver as a result of a complaint by another Delta Sonic employee that oily wastewater was being pumped into it as a result of the renovation of the Delta Sonic oil change and lube shop garage.
In addition, U.S. Attorney Kennedy also noted that Delta Sonic recently entered into consent agreements with both the DEC and the United States Environmental Protection Agency (EPA) regarding violation of the Clean Water Act. Pursuant to the terms of those consent agreements, Delta Sonic agreed to pay the $25,363.62 in clean-up costs and an additional $25,000 as a civil penalty to the DEC. In addition, the company agreed to pay $30,000 to the EPA as a civil penalty.
“Today’s sentencing together with these consent orders and civil penalties make clear that this Office, together with our federal and state partners, take seriously our obligation to protect our community from all threats,” stated U.S. Attorney Kennedy. “The quality of our environment is inextricably intertwined with the quality of life for our citizens. We will remain vigilant in our efforts to protect and preserve the precious natural resources with which we here in Western New York have been so richly blessed.”
Today’s sentencing is the result of an investigation by the Environmental Protection Agency – Criminal Investigation Division, under the direction of Special Agent-In-Charge Tyler Amon; the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain John Burke; and the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto.
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Cuyler Brownsville Heroin Dealer Sentenced to 160 Months in PrisonRead the Press Release
SAVANNAH, GA: A convicted heroin dealer and career criminal was sentenced to 160 months in federal prison during a hearing in United States District Court on Monday.
United States District Judge William T. Moore Jr. sentenced Tyrone Williams, 43, of Savannah, to serve 160 months in federal prison to be followed by three years of supervised release. There is no parole in the federal system.
Williams was arrested as part of the coordinated federal, state and local law enforcement investigation into violence and drug dealing in the historic Cuyler Brownsville, or CBV, community of Savannah under the U.S. Department of Justice Project Safe Neighborhoods (PSN) initiative. A federal grand jury indicted Williams and 31 other defendants as part of this operation. All of those arrested have been convicted, including Williams, who pled guilty on April 3 to distributing heroin in CBV, resulting in the sentence of more than a decade in prison.
As noted in court records and stated in court hearings, Williams has a documented criminal history spanning more than 25 years, with at least 10 felony convictions that include drug and firearms offenses.
“The basic premise behind the Department of Justice’s Project Safe Neighborhoods is to make neighborhoods safer,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. “Removing drug dealers makes neighborhoods safer, and the very real possibility of hard jail time warns any other criminals who would attempt to take their place. This operation in Cuyler Brownsville also reassures law-abiding citizens of their vital role in helping to clean up their neighborhoods by reporting the criminals who seek to profit from their misery.”
Tim Graden, Resident Agent in Charge of the Savannah Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, said “This prosecution is another example of ATF’s commitment to ensure the public’s safety by removing violent drug traffickers from our communities. These results could not have occurred without the outstanding partnerships that we have with our law enforcement partners and the community.”
Lindsay Smith, Assistant Special Agent in Charge of the Southeastern Regional Drug Enforcement Office of the Georgia Bureau of Investigation, said “The investigation into the criminal elements within the CBV neighborhood, along with the successful prosecutions of multiple defendants, can be attributed to the collaborative efforts among federal, state, and local law enforcement agencies. These partnerships are a valuable asset to combating crime in all areas within the state of Georgia.”
Roy Minter, the Savannah Police Department Director of Police Services, said “Identifying and removing dangerous criminals from our community is a top priority for the Savannah Police Department. The arrest, conviction and sentencing of Tyrone Williams is another example of our strong partnership with our local, state and federal law enforcement officials. We will continue to work collaboratively with these officials to remove dangerous criminals and drugs from our community.”
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Georgia Bureau of Investigation, the Savannah Police Department, with assistance from the United States Marshals investigated this case. Assistant United States Attorneys Greg Gilluly, Tania Groover, and Matthew Josephson prosecuted this case.
For any questions, please contact the United States Attorney’s Office at (912) 652-4422.
Cleveland man indicted on federal firearms chargesRead the Press Release
A Cleveland man was indicted on federal firearms charges.
Deontae Walker, 22, is charged with one count of being a felon in possession of a firearm.
Walker on June 20 had a Taurus .45-caliber pistol and ammunition, despite a previous conviction for burglary, according to the indictment.
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.
This case was investigated by the Federal Bureau of Investigation, Cleveland Division of Police and Ohio Adult Parole Authority. Assistant U.S. Attorney Margaret Kane is prosecuting the case.
An indictment is only a charge and is not evidence of guilt. Defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Clearwater Doctor Pleads Guilty to Health Care FraudRead the Press Release
Tampa, Florida – Dr. Jayam Krishna Iyer (66, Clearwater) today pleaded guilty to one count of health care fraud. She faces a maximum penalty of 10 years in federal prison, or 20 years, if her offense involves serious bodily injury. As part of the plea, Iyer has agreed to surrender both her DEA registration number that she used to prescribe controlled substances and her Florida medical license, and to a permanent exclusion from the Medicare and Medicaid programs.
According to the plea agreement, Iyer owned and operated Creative Medical Center located on Druid Road East in Clearwater. The center functioned as a pain management clinic. Iyer billed Medicare and Medicaid for office visits, tests, and services provided to patients using her National Provider Identification (NPI) number, and wrote prescriptions for controlled substances, including oxycodone. She used Current Procedural Terminology (CPT) code 99213, which was used to bill for office visits for the evaluation and management of established patients, and required an in-person examination with the actual patient. As an approved Medicare provider, Iyer also agreed to provide truthful information and to not make any materially false statements or representations in connection with the delivery of or payment for health care benefits.
Beginning at least as early as July 2011, and continuing through December 2017, Iyer executed and carried out a scheme to defraud Medicare by billing for face-to-face office visits with Medicare beneficiaries, when, in fact, certain patients did not go to Iyer’s office and were not examined by her on the claimed dates; instead, family members of the patients went to Iyer’s office with notes requesting that Iyer issue and provide prescriptions, including for Schedule II controlled substances like oxycodone, to the family members, and in the beneficiaries’ names—and Iyer issued those prescriptions. Iyer thereby violated a Florida law requiring doctors to perform an in-person office visit and examination of each patient before issuing Schedule II controlled substance prescriptions. Iyer also falsified her electronic medical records, including vital statistics, to make it appear that the actual patient was present in her office for an office visit, when the patient was not. Iyer submitted at least $51,500 in these types of false and fraudulent Medicare claims.
This case was investigated by the Opioid Fraud and Abuse Detection Unit. On August 2, 2017, Attorney General Jeff Session announced the formation of the Opioid Fraud and Abuse Detection Unit, a Department of Justice pilot program to utilize data to help combat the devastating opioid crisis that is ravaging families and communities across America. The unit focuses specifically on opioid-related health care fraud using data to identify and prosecute individuals that are contributing to the prescription opioid epidemic. The case was investigated by the Federal Bureau of Investigation, the Department of Health and Human Services Office of Inspector General, the Drug Enforcement Administration, and the Florida Office of Attorney General’s Medicaid Fraud Control Unit. It is being prosecuted by Assistant United States Attorney Kelley Howard-Allen.
Clairton Drug Dealer’s Sister Gets Probation for Allowing Her House to be Used for His Drug OperationRead the Press Release
PITTSBURGH, PA - A resident of Clairton, Pennsylvania, has been sentenced in federal court to three years’ probation, the first 90 days of which are to be served under home detention, on her conviction of maintaining a drug-involved premises, United States Attorney Scott W. Brady announced today.
United States District Judge Arthur J. Schwab imposed the sentence on Jalea Carter, 26.
According to information presented to the court at the time of her guilty plea, Carter, from March through June 2017, occupied and made her residence, located on Third Street, in Clairton, Pennsylvania, available for her brother and codefendant, Skyler Carter, to store, package, and distribute heroin, fentanyl, cocaine, and crack cocaine. She was held responsible for approximately 4.5 grams of heroin seized from her home during the execution of a federal search warrant in June 2017. Jalea Carter is the 10th of 21 defendants charged in the conspiracy to be sentenced.
Assistant United States Attorney Carolyn Bloch prosecuted this case on behalf of the government.
The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the Allegheny County Sheriff’s Office, the Allegheny County Police Department, and the Pittsburgh Bureau of Police. The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Chicago Man Sentenced to 46 Months in PrisonRead the Press Release
HAMMOND- Carlos Tate, 45, of Chicago, Illinois, was sentenced before District Court Judge Joseph Van Bokkelen on his plea to distribution of heroin, announced U.S. Attorney Kirsch.
Tate received a sentence of 46 months in prison followed by 3 years of supervised release.
According to documents filed in this case, in September of 2016, a confidential informant with the ATF performed two controlled buys of heroin from Tate in Gary, Indiana. Lab results showed that the heroin purchased during the second controlled buy also contained fentanyl, a synthetic opioid that is considered to be fifty times more potent than heroin.
This case was investigated by the ATF and was handled by Assistant United States Attorney Thomas M. McGrath.
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Career Drug Dealer Sentenced to 140 Months in PrisonRead the Press Release
STATESBORO, GA: A Swainsboro, Ga., man has been sentenced to more than 10 years in federal prison for his role in a drug trafficking operation that distributed cocaine and crack cocaine in Emanuel and Richmond counties.
Tony Lanard Williams, 43, received the sentence of 140 months in federal prison from United States District Judge Lisa Godbey Wood. The leader of a drug trafficking organization that involved numerous other individuals, Williams was subject to enhanced penalties after the court determined he was a career offender under the United States Sentencing Guidelines. Williams pled guilty on Nov. 30, 2017 to one count of distributing cocaine.
Six other defendants were named in the indictment in which Williams was charged. Because he was a fugitive from the time the indictment against him was unsealed in June 2016 until his arrest in May 2017, Williams was the final defendant in the case to be sentenced. He has been in custody since his arrest in Statesboro on May 16, 2017, and evidence presented during numerous hearings revealed that Williams and his drug organization was actively trafficking in cocaine and crack cocaine from at least 2012 until his arrest.
United States Attorney Bobby L. Christine noted that the Organized Crime Drug Enforcement Task Force pursued the investigation that dismantled Williams’ operation. “Battling these criminal operations requires coordination and teamwork from law enforcement and prosecutors,” Christine said. “Getting drug dealers off the streets makes our neighborhoods safer, and our office will be unwavering in our pursuit of career criminals like Williams.”
Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division, said “The successful results of this investigation should let career criminals like Williams know that those who flood the drug market with menacing drugs like cocaine and cocaine base (crack) will ultimately be brought to justice by DEA, its law enforcement partners and the United States Attorney’s Office.”
“Tony Williams was one part of a larger criminal organization that disrupted lives and communities in rural Georgia,” said Jamie Jones, Special Agent in Charge of the Georgia Bureau of Investigation Southeastern Regional Drug Enforcement Office. “He will now spend a lengthy part of his life behind bars. The GBI will continue to work closely with other agencies to make our communities better places for law-abiding citizens and much harder places for drug dealers to ply their trade.”
The investigation was led by the Georgia Bureau of Investigation, the Drug Enforcement Administration, the U.S. Marshals Service, Emanuel County Sheriff’s Office, Richmond County Sheriff’s Office, Swainsboro Police Department, Bulloch County Sheriff’s Office, and the Middle Judicial District Attorney’s Office. Assistant U.S. Attorney Karl Knoche prosecuted the case on behalf of the United States.
For questions, please contact the U. S. Attorney’s Office at (912) 201-2522.
Canton Police detective among 25 law enforcement officers honored as recipients of the Attorney General's Award for Distinguished Service in PolicingRead the Press Release
Canton Police Detective Michael Rastetter was among 25 law enforcement officers and deputies from 12 jurisdictions across the country honored today by Attorney General Jeff Sessions and Justice Department leadership today as recipients of the second annual Attorney General’s Award for Distinguished Service in Policing, recognizing the exceptional work.
“The Trump Administration supports law enforcement at all levels—and we always will,” said Attorney General Sessions. “Today’s awards honor the incredible work that is being done across this country every day. This Department of Justice takes pride in announcing today’s winners of the Attorney General’s Award for Distinguished Service in Policing.”
“These honorees are exceptional because they each thought outside the box to come up with new ways to tackle persistent law enforcement problems,” said U.S. Attorney Justin Herdman. “Detective Rastetter leads an effort that creates new partnerships to address an epidemic that has caused so much pain and suffering in Ohio. They each represent the best of our community and further the mission of the Justice Department.”
Canton Police Lt. John Gabbard said: “The Stark Outreach Support team is effective because of Detective Rastetter and our community partners. Their dedication cannot be measured by the number of hours they work or homes they visit. The impact they have on individuals and families struggling with addiction can only be attributed to their compassion, patience and sense of duty. As part of this team, Detective Rastetter has improved lives in our community and that is the essence of our mission as a law enforcement agency.”
The Justice Department has been committed to supporting law enforcement and continues to back the “women and men in blue,” as directed by President Trump’s February 2017 Executive Order. The Department has recently awarded grants to assist law enforcement and first responders who supported mass shootings in Las Vegas, Nevada, Parkland, Florida, and Santa Fe, Texas. In addition, the Department has helped police departments across America to hire hundreds more police officers through the COPS grant program.
The Attorney General’s Award recognizes individual state, local, and tribal sworn rank-and-file police officers and deputies for exceptional efforts in policing. The awarded officers and deputies have demonstrated active engagement with the community in one of three areas: criminal investigations, field operations or innovations in community policing. The Department received 207 nominations for 469 individuals ranging from state police departments, to local police, to campus public safety agencies. This award highlights the work that officers and deputies do to prevent, intervene in, and respond to crime and public safety issues. The individuals recognized today are listed below:
INNOVATIONS IN COMMUNITY POLICING
Sergeant Sean Crotty of the Little Egg Harbor Police Department, New Jersey:
Sergeant Sean Crotty is the school resource officer at the local high school. His main responsibility is the protection of the school community. However, he also takes on the arguably greater role of getting involved with students, shaping the way they view law enforcement, and helping mold them into productive community members. While Sergeant Crotty’s “beat” is the high school, this does not limit him to creating relationships with the younger students in the community. In his years with the department, Sergeant Crotty started a Junior Police Academy for middle school students, enhanced free Police Athletic League (PAL) programs, and added a Junior Police Explorers program.
Detective John Rastetter of the Canton Police Department, Ohio:
Detective Michael Rastetter’s work with those suffering from opioid addiction has set him apart among a department full of dedicated officers continuously looking for innovative ways to serve their community. Detective Rastetter became the point person for the newly created Stark County Outreach Support (SOS) team, a quick response team made up of a nurse, a social worker and a vice detective. SOS has engaged 70 overdose survivors and 33 family members, connected 30 individuals with rehabilitation services and provided 19 Naloxone kits, leading to a reduction of nearly 60 percent in opioid-related overdose deaths in 2017. Detective Rastetter is a large part of the success of the program and decline in the overdose deaths.
Officer Laurie Reyes of the Montgomery County Police Department, Maryland:
Officer Laurie Reyes noticed that repeated searches for the same critically missing people (individuals with autism, intellectual and developmental disabilities [IDD], and Alzheimer’s disease) demanded a large portion of departmental resources, both in money and in officers’ time. She created the nationally recognized “Autism, Intellectual, Developmental Disabilities, and Alzheimer’s Outreach Program” as a way to promote awareness and safety through education, outreach, follow-up, empowerment and response. Officer Reyes identified a problem and developed a creative solution, which had a significant impact on public safety and public trust, all at no additional fiscal cost to the agency.
CRIMINAL INVESTIGATIONS
Officer Megan Freer of the Middleton Township Police Department, Pennsylvania:
In the summer of 2017, a 19-year-old man went missing near Middletown Township. Officer Freer began an intensive investigation into the missing person case, which eventually led to the discovery of a horrific quadruple homicide in Solebury Township, about 20 miles away. Officer Freer’s incredible investigative efforts led to the arrest of two 20-year-olds charged with murder of the four young men, and providing closure for the families of those missing young men. This was a tremendous effort of policing and police investigation, and Officer Freer has received several awards for her investigative effort, including the Philadelphia National Liberty Museum Award of Valor in September 2017.
Detective Andrew Beuschel, Jr. of the Evesham Township Police Department, New Jersey:
In December 2017, a father called the police when he found his 15-year-old daughter unresponsive due to a possible drug overdose; an ambulance transported the victim to the hospital, where she subsequently died from a heroin overdose two days later. Detective Beuschel investigated the case, including interviews and evidence from numerous warrants on cell phones, computers, and social media accounts, and was able to locate the suspected seller. Detective Beuschel’s persistence led to arrest warrants for possession of heroin, distribution of heroin, and ultimately, strict liability of the suspect for the drug-induced death of the 15-year-old victim.
Trooper Joel D. Follmer of the Pennsylvania State Police:
State Trooper Joel D. Follmer’s determined efforts and innovative policing techniques on an 18-month series of kidnapping and rape investigations throughout Pennsylvania led to the arrest of a serial rapist with assaults dating back as far as 1994. Trooper Follmer arrested the suspect in December of last year, who immediately confessed to several cases, and provided information on many others that he had attempted in the past and was planning in the future. The suspect is currently awaiting trial.
FIELD OPERATIONS
Sergeant Girard Tell III and Sergeant Ryan VanSyckle of the Pleasantville Police Department, New Jersey:
Since 2016, Sergeants Tell and VanSyckle have consistently led the department in arrests and drug seizures by their dogged persistence to seek out and dismantle criminal street gangs, including a regional investigation, which netted more than 100 felony indictments against the South Side Mob street gang. Their tireless drive to remove the most dangerous and violent offenders has had a significant impact on the criminal operating environment within the community, including a steady downward trend of gun violence and a 55 percent decrease in confirmed shooting calls for service.
Corporal Richard White III of the Ohio County Sheriff’s Office, West Virginia:
In June 2017, dispatchers notified law enforcement and fire department agencies regarding several people who had flipped over their boats while kayaking and got caught in the swift current in Wheeling Creek. Corporal White arrived on the scene and waded into the heavy current, rescuing two females caught in the downstream. Corporal White was instrumental in preventing a possible tragic incident while putting himself in harm’s way. About a year earlier, a little boy had died after falling into the creek. Corporal White’s quick and selfless action helped ensure that those circumstances were not repeated.
Deputy Ned Nemeth of the Washoe County Sheriff’s Office, Nevada:
Deputy Nemeth has demonstrated active exceptional performance in field operations. As a full time K-9 handler, he works highway interdiction and has successfully reduced illegal operations in the past year along the I-80 corridor, including seizing 206 pounds of illegal marijuana, 359.42 grams of methamphetamine, and 43 contraband prescription opioid pain pills. Deputy Nemeth is known for providing high quality information about his interstate contacts to other agencies across the country. His efforts as a part of the HIDTA task force in northern Nevada not only have positive effects on his own community but also make meaningful contributions to other jurisdictions working to disrupt and dismantle organized drug trafficking operations nationwide.
Detective Thomas Curley of the Wilmington Police Department, Delaware:
Over the past 14 years, Wilmington Detective Thomas Curley has provided outstanding efforts in conducting criminal investigations to protect the people of Wilmington from gangs and violent crime, including the first successful illegal gang prosecution in the State of Delaware, which was later upheld by the Delaware Supreme Court. He possesses the ability to seek out and successfully talk with witnesses to develop leads and works tirelessly coordinating complex investigations. Detective Curley is dedicated to his job and strives for justice for the victims of violent crimes.
Officers Jeremiah Beason, Patrick Burke, Monty Fetherston, and Steve Morris, Jr., of the Las Vegas Metropolitan Police Department, Nevada:
On October 2017, at approximately 10:05 p.m., a lone gunman fired into a crowd of 22,000 concertgoers attending a country music festival in Las Vegas, killing 58 innocent people and injuring more than 850. Las Vegas Metropolitan Officers Beason, Burke, Fetherston, and Morris were the first four first responders to react during this active shooter situation. These four officers rescued injured civilians, cleared the surrounding rooms near the shooter, and secured the perimeter. By running towards the danger, they saved countless lives.
Officers Jose Arriaga, Ruben Avalos, Carlos Escobar, Randy Jreisat, Arthur Meza, Ashley Mitchell, David Nick, Jr., Adrian Nuñez, Christina Salas, and Solly Samara of the Los Angeles Police Department, California:
In September 2017, the Los Angeles Police Department created the MacArthur Park Task Force to conduct uniform patrol in and around MacArthur Park and other surrounding areas. This team worked to restore order to the community around MacArthur Park by applying constant law enforcement and community involvement to the area to combat all crime and quality of life issues. These ten officers made 1,125 arrests in 32 weeks, issued 980 citations and offered services to hundreds of individuals. Their work is directly responsible for a 40 percent reduction of Part 1 crimes and a 46 percent reduction of violent crimes in the zone. These 10 officers helped transform this park and its surrounding neighborhood from its former blight, turning it into a clean, beautiful park.
Cambria County Resident Admits Dealing HeroinRead the Press Release
JOHNSTOWN, Pa. – A resident of Johnstown, Pa., pleaded guilty in federal court in Johnstown to a charge of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
Arvell D. Brandon, 40, pleaded guilty to the indictment before United States District Judge Kim R. Gibson.
In connection with the guilty plea, on May 10, 2016, Brandon distributed less than 100 grams of heroin.
Judge Gibson scheduled sentencing for Feb. 5, 2019, at 1:30 p.m. The law provides for a maximum sentence of 20 years in prison and a fine of $1,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Cambria County Drug Task Force conducted the investigation that led to the prosecution of Brandon.
Brooklyn Man Conspired to Purchase $90K in Gift Cards and Merchandise Using Counterfeit Credit CardsRead the Press Release
PITTSBURGH, PA – A resident of Brooklyn, New York, has pleaded guilty in federal court to a charge of conspiracy, United States Attorney Scott W. Brady announced today.
Corey W. Howard, 25, pleaded guilty to one count before United States District Judge Nora Barry Fischer.
In connection with the guilty plea, the court was advised that in June 2016, Corey W. Howard and conspirators used counterfeit credit cards at multiple Giant Eagle stores in Western Pennsylvania to purchase gift cards and merchandise, which totaled approximately $90,000.
Judge Fischer scheduled the sentence for January 31, 2019 at 11 a.m. The law provides for a total sentence of five years in prison, a fine of $250,000, or both at each count. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
The Western Pennsylvania Financial Crimes Task Force (WPFCTF) conducted the investigation that led to the successful prosecution of this defendant. The WPFCTF was established as a collaborative, multi-agency effort to effectively combat financial crimes, including identity fraud, in Western Pennsylvania. Partnering in this effort are the United States Attorney's Office for the Western District of Pennsylvania, the United States Secret Service, the United States Postal Inspection Service, the Department of Homeland Security, the Allegheny County District Attorney's Office, the Allegheny County Police Department, the City of Pittsburgh Bureau of Police, the Pennsylvania State Police, and the Robinson Township Police Department.