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14 September 2018
MS-13 Member Sentenced to 35 Years in Prison for RICO Conspiracy Involving Murder of 16-Year-Old East Boston BoyRead the Press Release
BOSTON – An MS-13 member was sentenced today in federal court in Boston for his role in the murder of a 16-year-old boy in East Boston.
Jairo Perez, a/k/a “Seco,” 27, a Salvadoran national, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 35 years in prison and five years of supervised release. Perez will be subject to deportation upon completion of his sentence. In May 2018, Perez pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO or racketeering conspiracy. Perez admitted that his racketeering activity involved the Jan. 10, 2016, murder of a 16-year-old boy in East Boston.
After a multi-year investigation, Perez was one of dozens of alleged leaders, members, and associates of MS-13 named in a superseding indictment unsealed in January 2016 that targeted MS-13’s criminal activities in Massachusetts.
The investigation revealed that Perez was a member of MS-13’s Trece Loco Salvatrucha clique. On Jan. 10, 2016, Perez and three other MS-13 members—Edwin Gonzalez a/k/a “Sangriento,” Edwin Diaz, a/k/a “Demente,” and Rigoberto Mejia, a/k/a “Ninja”—murdered a 16-year-old boy whom they believed to be a member of a rival gang. Perez, Gonzalez, and Diaz used machetes to strike the victim dozens of times, while Mejia shot the victim. The murder occurred late at night on the sidewalk of a residential street in East Boston.
A few days after the murder, law enforcement used a cooperating witness to capture Perez on tape admitting to his involvement in the murder. Perez was also recorded burying the knives used to murder the victim in a park on Deer Island in Winthrop. The murder weapons were later recovered by law enforcement.
Perez, Gonzalez, Diaz, and Mejia are four of 49 defendants who have been convicted on federal charges as part of the ongoing prosecution. Sixteen of those defendants—including Perez, Gonzalez, Diaz, and Mejia—have been held responsible for racketeering conspiracy involving murder. Forty of the 49 convictions, including Mejia, were the result of guilty pleas prior to trial. Nine other defendants, including Gonzalez, were convicted after trial.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Gross; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement today. The U.S. Marshals Service has provided crucial assistance with the case.
Jamestown Man Indicted on Child Pornography ChargesRead 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 a federal grand jury has returned an indictment charging Matthew Bailer, 33, of Jamestown, NY, with receipt and possession of child pornography. The charges carry a minimum penalty of five years in prison, a maximum of 40 years, and a $250,000 fine.
Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that according to the indictment and a previously filed complaint, on July 11, 2018, the Jamestown Police Department received a complaint from a parent that her minor children, Victim 1 and Victim 2, may have been sexually abused by the defendant. The parent stated that she was told by the defendant’s sister that a series of concerning pictures, sexual in nature, were delivered on a Nokia cellular telephone that was used by the defendant.
Bailer was subsequently arrested on a warrant out of Missouri related to a burglary case. During a search of the Nokia cellular telephone, investigators recovered several hundred images of images of child pornography involving sexually explicit conduct by prepubescent and pubescent children.
The defendant was arraigned this morning before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Jamestown Police Department, under the direction of Chief Harry Snellings.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Inmate at FCI-Berlin Pleads Guilty to AssaultRead the Press Release
CONCORD – United States Attorney Scott W. Murray announced today that Shakur Brownstein, an inmate at the Federal Correctional Institution FCI-Berlin, pleaded guilty to assaulting another inmate on May 22, 2018.
According to court documents and statements made in court, Brownstein was walking behind another inmate in the Blue Corridor of FCI-Berlin when Brownstein ran up and struck the inmate from behind. Brownstein fractured the jaw of the other inmate, who required numerous surgeries and the surgical insertion of a titanium plate to hold his facial bones in place. The attack was captured on videotape and lasted less than 15 seconds.
Brownstein will be sentenced on December 21, 2018.
The staff at FCI-Berlin conducted the investigation of this case. Assistant United States Attorney Donald A. Feith prosecuted the case.
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Inmate at USP Canaan Pleads Guilty to Assaulting an Inmate with A Weapon and Is Sentenced to an Additional Five Years’ ImprisonmentRead the Press Release
WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brandon Shields, age 33, formerly of Philadelphia, and currently a federal inmate at the United States Penitentiary at Canaan (USP Canaan), pleaded guilty on September 13, 2018, to assaulting another inmate with a dangerous weapon and was sentenced by U.S. District Court Senior Judge A. Richard Caputo to serve an additional five years in prison.
According to United States Attorney David J. Freed, the charges stem from an incident on January 7, 2016, in which Shields assaulted another inmate with a homemade weapon in the form of a combination lock attached to a length of cloth. Shields was indicted by a grand jury in March 2016.
Shields is presently serving a sentence of 110 months in prison for several bank robberies he committed in Philadelphia in 2011 and 2012. The sentence Shields received yesterday will be served in addition to that sentence.
The case was investigated by the Federal Bureau of Investigation and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney Robert J. O’Hara prosecuted the case.
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Indictment Targeting Massive International Cocaine Conspiracy Unsealed with Arrival in U.S. of Extradited Colombian KingpinRead the Press Release
LOS ANGELES – A high-level member of a global drug ring arrived in Southern California last night after being extradited from Colombia on charges that he conspired to transport cocaine worth hundreds of millions of dollars from South America to Mexico for eventual sale in the United States. The extradition resulted from a coordinated, international law enforcement operation that has led to arrests of co-conspirators on three continents.
In conjunction with the extradition, federal authorities on Thursday arrested seven defendants named in a 22-count indictment that outlines how the organization obtained ton-quantities of cocaine manufactured in South American labs; used airplanes, submarines and “go-fast” boats to move the narcotics to Mexico; and then used various means to smuggle the loads across the U.S.-Mexico border, with significant quantities of cocaine being delivered to and subsequently sold in the Los Angeles area.
In addition to the extradition of Victor Hugo Cuellar-Silva last night and yesterday’s arrests of codefendants in California and Massachusetts, six other defendants are pending extradition after being previously taken into custody in Colombia and Thailand. Authorities continue to work to secure the arrests of a number of fugitives, including Angel Humberto Chavez-Gastelum, the alleged ringleader of the international trafficking ring, who is believed to be in Mexico.
The indictment, which was unsealed yesterday, is unique in charging high-level traffickers across the entire drug-distribution supply chain – from Colombia-based supply sources, to Mexico-based investors and transportation coordinators, to U.S.-based stash-house operators and distributors.
Cuellar-Silva is alleged to have been the organization’s top representative in Colombia, where he oversaw operations for Chavez-Gastelum, a Mexican national who has been designated by the U.S. government as one of the world’s most-wanted drug traffickers. Chavez-Gastelum’s drug distribution network controlled its own supply routes from Colombia to Central America, and from Mexico to the United States. Chavez-Gastelum’s criminal organization was also responsible for at least two killings, with one victim’s torture and dismemberment captured on a video that has been obtained by law enforcement authorities.
“This drug ring has spread death and misery across the Americas and to other parts of the world, which makes this case among the most significant drug trafficking cases ever brought in this district,” said United States Attorney Nick Hanna. “We are deeply grateful to the government of Colombia for helping us bring one of the key defendants to justice. Prosecutors in my office are united with our domestic and foreign partners in the fight against drug trafficking. This case shows that law enforcement will apply all of its resources to dismantle international criminal organizations that terrorize communities both here and abroad.”
Over the course of a three-year investigation into the organization, law enforcement authorities around the world seized approximately 7,700 pounds of cocaine, with a potential U.S. street value of $500 million. Significant seizures during the investigation included:
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approximately 1,329 kilograms of cocaine recovered when a plane that departed from Venezuela crashed into the Caribbean Sea;
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approximately 833 kilograms of cocaine contained in bales floating off the coast of Tumaco, Colombia;
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more than 700 kilograms of cocaine and over 30 kilograms of methamphetamine seized from a Tijuana stash house;
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approximately 80 kilograms of cocaine seized during two operations in Azusa;
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nearly 50 kilograms of cocaine and one-half pound of methamphetamine seized in Montebello; and
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approximately 8 kilograms of cocaine, $125,000 in cash, and a firearm seized in North Hollywood.
“This organization is responsible for the manufacture and cross-continent distribution of exorbitant amounts of cocaine, a complex money laundering conspiracy, and a myriad of violent crimes to include murder,” said DEA Associate Special Agent in Charge Daniel Comeaux. “The indictment, arrests and extradition demonstrate the international reach of the Southern California Drug Task Force, and we will continue to work with our U.S. and international law enforcement partners to bring transnational criminal organizations to justice.”
“This extradition serves as a stern warning to other fugitives who think they can evade U.S. law enforcement by hiding out in another country,” said Joseph Macias, Special Agent in Charge for Homeland Security Investigations Los Angeles. “I commend the government of Colombia and all of our foreign and domestic law enforcement partners for their hard work. Their support was instrumental in our joint effort to dismantle international criminal organization's ability to bring dangerous drugs into our communities and ensure the perpetrators of such attempts are brought to justice."
Cuellar-Silva is expected to be arraigned on the indictment this afternoon in United States District Court in downtown Los Angeles.
During Thursday’s law enforcement operation, authorities arrested seven defendants named in the indictment. They are:
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Hugo Atienzo, 55, of Azusa;
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Juan Antonio Brizuela, 29, of Lompoc;
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Richard Dennis, 54, of Studio City;
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Gerardo Mojarro, 42, of South Gate;
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Jesus Manuel Monrreal, 33, of Van Nuys;
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Jonathan Zamora, 28, of Cerritos; and
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Amparo Yokasta Melo Peguero, 44, who was arrested in her hometown of Boston.
The six defendants arrested Thursday in Southern California were arraigned on the indictment Thursday afternoon, which each entering not guilty pleas. A trial date was scheduled for November 13.
Chavez-Gastelum, Cuellar-Silva, and three other defendants are charged with participating in a continuing criminal enterprise. If they were to be convicted of just this charge, Chavez-Gastelum would face a mandatory life sentence because he is accused of being the principal manager of the enterprise, and the other four would face mandatory minimum sentences of 20 years in federal prison.
In addition to the continuing criminal enterprise and the related allegations of two murders, the indictment alleges a series of drug trafficking, firearms, and money laundering offenses. All of the defendants named in this case, if convicted, would face decades in federal prison due to the amount of narcotics involved in the case.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
This investigation previously resulted in the extradition from Colombia to Los Angeles of two other drug kingpins who allegedly were responsible for orchestrating cocaine shipments by aircraft from Colombia to Mexico in conjunction with Chavez-Gastelum’s organization. Those two defendants previously extradited to the United States are both pending sentencing.
The investigation into this narcotics trafficking organization is being conducted by special agents with the Drug Enforcement Administration, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and IRS Criminal Investigation, which received substantial assistance from the Colombian, Dutch, Aruban and Thai governments. The investigation is being conducted under the auspices of the Southern California Drug Task Force and the High Intensity Drug Trafficking Area Task Force.
A number of law enforcement agencies provided substantial assistance during the investigation, including the United States Marshals Service, the Los Angeles Police Department, the Los Angeles County Sheriff’s Department, the Whittier Police Department and the Colton Police Department.
This case is being prosecuted by Assistant United States Attorneys Carol Alexis Chen, Benjamin Barron, Ryan Weinstein, and Alexander Schwab of the Organized Crime Drug Enforcement Task Force.
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Indictment Charges Georgia Man with Running Jury-Duty Scam That Extorted $200,000 from VictimsRead the Press Release
SAVANNAH, GA: A federal grand jury indicted Decatur, Ga., resident Orenthial Walker, 42, this week on felony charges linked to a widespread scam in which victims were coerced to pay “fines” for failing to appear for non-existent federal jury duty.
Walker, a convicted felon, is charged with conspiracy to commit wire fraud for his role in this interstate jury duty scam. Walker was arrested in Georgia in July 2018 by the Federal Bureau of Investigation for his role in a similar jury duty scam operated out of the Northern District of Alabama. In both cases, victims received calls from co-conspirators posing as members of the U.S. Marshals Service who claimed that the victims had failed to appear for jury duty. The victims were threatened with arrest if they failed to pay a “fine” through gift cards or via a money-transfer site. The investigation of both cases revealed that Georgia state prison inmates were behind this scam, using contraband cell phones to coordinate the operation from behind bars.
“This case not only highlights the potential damage to the integrity of the court system caused by such scams, but also serves as an example of the growing danger of contraband cell phones in the hands of prison inmates,” said Southern District of Georgia U.S. Attorney Bobby L. Christine. “Federal agents will never call on the phone to demand money, and anyone receiving such a call should immediately report it to the police.”
“This case represents the determination of our agents to arrest the culprits behind these common scams, and an example that it is not fruitless for the public to report them,” said Chris Hacker, Special Agent in Charge of the FBI Atlanta Field Office. “We ask the public to be more aware of these scams and to report them to law enforcement and file a complaint with the Internet Crime Complaint Center (IC3) at www.ic3.gov.”
David Lyons, U.S. Marshal for the Southern District of Georgia, is available to comment on the issue of jury duty scams and can be reached at 912-652-4212.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
For any questions, please contact Barry Paschal at (912) 652-4422.
Houston Man Pleads Guilty to Possessing with Intent to Distribute CocaineRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that JAMAR RUCKER, age 42, of Houston, pleaded guilty yesterday to one count of possessing with intent to distribute 500 grams or more of powder cocaine in the Eastern District of Louisiana. RUCKER faces a mandatory minimum sentence of 5 years in prison, a maximum sentence of 40 years in prison and a fine of up to $5,000,000, and at least 4 years of supervised release.
According to court documents, on January 10, 2018, RUCKER drove from his home in Houston to the Clearview Shopping Mall in Metairie, where he intended to meet with a New Orleans-based drug customer. Upon arrival, federal agents arrested RUCKER, who was in possession of approximately 4.5 kilograms of cocaine that he intended to distribute to the customer.
U.S. District Judge Jane Triche Milazzo set sentencing for RUCKER on December 13, 2018.
U.S. Attorney Strasser praised the work of the FBI’s New Orleans Gang Task Force in investigating this matter. Assistant United States Attorney Brandon S. Long is in charge of the prosecution.
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Green Bay Man Convicted of Conspiracy to Distribute Heroin and Fentanyl, Resulting in One Death and Two OverdosesRead the Press Release
United States Attorney Matthew D. Krueger announced today that a federal jury had convicted David Shanks, 37, of Green Bay, of conspiracy to distribute heroin, fentanyl, methamphetamine, and cocaine, conduct which resulted in death. As a result of his conviction and two prior felony drug convictions, Shanks faces a mandatory sentence of life in prison. The jury also convicted Shanks of five other drug-related counts, including distribution of methamphetamine, distribution of heroin/fentanyl/methamphetamine resulting in death, and distribution of heroin/fentanyl resulting in substantial bodily injury to two overdose victims.
The trial evidence established that between August and October 2017, Shanks was the leader of a conspiracy involved in the daily sale of heroin, laced with fentanyl, and methamphetamine. Shanks’s sale of heroin/fentanyl resulted in the overdose death of one individual on Sept. 10, 2017. Shanks also was responsible for overdoses by two individuals on Sept. 22, 2017. Fortunately, paramedics and law enforcement were able to provide lifesaving assistance to both individuals. Cooperating witnesses testified that Shanks was responsible for distributing large quantities of heroin and methamphetamine in the greater Green Bay and Iron Mountain, Michigan, areas. Witnesses described seeing Shanks with baseball-sized quantities of heroin and $5,000 stacks of money generated by his drug sales.
United States Attorney Krueger stated, “This case demonstrates the devastating impact the sale of heroin, fentanyl, and methamphetamine has on communities and families across Wisconsin and across the country. Federal, state, and local law enforcement remain committed to doing everything possible to hold those responsible for this devastation accountable.”
The following agencies participated in the investigation: Brown County Drug Task Force, Wisconsin Department of Justice, Division of Criminal Investigation, Drug Enforcement Administration, Green Bay Field Office, Green Bay Police Department, and Green Bay Fire Department. The case was prosecuted by Assistant United States Attorneys William Roach and Zachary Corey.# # #
For Additional Information Contact:
Public Information Officer, Dean Puschnig, 414-297-1700
Four Guatemalan Nationals Charged in Alien Smuggling EventRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that on September 14, 2018, four Guatemalan citizens—Carlos Jose Cordova-Sanabria, Lester Ariel Morales-Moran, Elmer Estuardo Juarez-Franco, and Daniel Garcia-Cruz—were arrested and charged in connection with an alien smuggling event in the Newport, Vermont area. The four defendants appeared today in federal court in Burlington before United States Magistrate Judge John M. Conroy and entered pleas of not guilty to the federal charges. The Court ordered Cordova-Sanabria, Morales-Moran, and Juarez-Franco detained pending trial. Garcia-Cruz’s detention hearing will take place on September 19.
According to the Criminal Complaint, in the early morning hours of September 13, 2018, Border Patrol Agents received information of possible illegal activity in an area east of the Beebe Plain Port of Entry in Newport, Vermont. Agents responded to the area and observed individuals walking into a wooded area. Agents later observed a vehicle arrive in the same general area. A U.S. Border Patrol Agent witnessed three individuals appear from a wooded area and enter this same vehicle. Agents stopped the vehicle and identified the driver as Garcia-Cruz. Garcia-Cruz and the three passengers were all confirmed to be aliens without documentation allowing them to be in the United States legally.
United States Attorney Christina Nolan recognized the efforts of law enforcement on both sides of the border to address international human smuggling: “I commend our partners in the U.S. Border Patrol for their outstanding work in stemming the flow of smuggled individuals into Vermont. Preserving the integrity of the border will continue to be a top priority for the U.S. Attorney’s Office, and we will continue working with our partners at all levels of law enforcement in Vermont and Canada to dismantle criminal organizations that operate across our border.
The United States Attorney emphasizes that the charges are merely accusations, and that the defendants are presumed innocent unless and until they are proven guilty.
The Swanton Sector Border Patrol is responsible for securing the land border between ports of entry in Vermont as well as New Hampshire and northeastern New York. The assistance of citizens is invaluable in helping the U.S. Border Patrol accomplish their border security mission and they welcome community members to help them keep our nation’s borders safe by reporting suspicious activity at 1-800-689-3362.
For more on CBP’s mission at our nation’s ports of entry with CBP officers and along U.S. borders with Border Patrol agents, please visit the Border Security section of the CBP website.
The prosecutor in this case is Assistant U.S. Attorney Paul Van de Graaf. Daniel Garcia-Cruz is represented by Assistant Federal Defender David McColgin. Robert Behrens represents Cordova-Sanabria, Morales-Moran, and Estuardo Juarez-Franco.
Former Mahomet Counselor Sentenced for Health Care FraudRead the Press Release
SPRINGFIELD, Ill. – A California man, who previously provided counseling services at his home in Mahomet, Ill., has been ordered to serve 18 months in prison for submitting false billings to health care insurers. Christopher DiFilippo, aka “Kip,” 40, of Bakersville, Ca., was also ordered to pay restitution in the amount of $514,297 to various health care insurers. DiFilippo was also ordered to serve three years of supervised release following his release from prison, the first year of which shall be served as home confinement. He was ordered to self-report to the federal Bureau of Prisons within 60 days.
On May 11, 2018, DiFilippo waived indictment and plead guilty to an information that charged him with one count of health care fraud. DiFilippo, who became a licensed clinical social worker in 2009, started his own company, KD Counseling, in early 2012. DiFilippo counseled patients mostly on weekends or in the evening at his home in Mahomet until he moved to Texas in 2015, and later Florissant, Mo. Some counseling was done by phone or over Skype. DiFilippo admitted to submitting false billings to health care insurers from 2012 to 2017.
Assistant U.S. Attorney Gregory M. Gilmore represented the government at sentencing. The FBI and U.S. Postal Service, Office of Inspector General, conducted the investigation with the U.S. Department of Labor, OIG, Chicago Division and the Office of Personnel Management, OIG, Chicago division. Special investigative units of Blue Cross Blue Shield of Illinois and Health Alliance Medical Plans provided special assistance in the investigation.
Former Biscayne Park Chief of Police Pleads Guilty to Conspiring with Other Officers to Violate Victims’ Civil Rights by Making False ArrestsRead the Press Release
Former Village of Biscayne Park Chief of Police, Raimundo Atesiano, pleaded guilty in federal court to conspiring with subordinate officers to violate individuals’ civil rights by making false arrests, announced Acting Assistant Attorney General John Gore for the Justice Department’s Civil Rights Division, U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida, Robert F. Lasky, Special Agent in Charge, FBI Miami Field Office, Katherine Fernandez Rundle, Miami-Dade State Attorney, and Troy Walker, Special Agent in Charge, Florida Department of Law Enforcement (FDLE).
According to documents filed in connection with the plea entered today, Atesiano was acting under color of law as chief of police when on three separate occasions he ordered officers under his command to falsely arrest and charge individuals with unsolved burglaries. In court filings related to the plea, Atesiano admitted that on one occasion he instructed an officer to falsely arrest and charge an individual for several vehicle burglaries based upon what Atesiano knew were false confessions. According to the documents, Atesiano intentionally encouraged officers to arrest individuals without a legal basis in order to have arrests effectuated for all reported burglaries, which created a fictitious 100% clearance rate for that category of crime.
Guillermo Ravelo, a former Biscayne Park Officer who is named in the superseding indictment, previously entered a guilty plea for his role in the conspiracy with Atesiano to violate individuals’ civil rights. Charlie Dayoub and Raul Fernandez, former Biscayne Park officers who also are named in the superseding indictment, previously entered guilty pleas for their roles in effecting false arrests.
The Court set the sentencing date for Atesiano on Nov. 27. Guillermo Ravelo is scheduled to be sentenced on Oct. 4, and Charlie Dayoub and Raul Fernandez are scheduled to be sentenced on Oct. 16.
“The right to be free from false arrests is fundamental to our Constitution and system of justice,” said Acting Assistant Attorney General John Gore. “Law enforcement officers who abuse their authority and deny any individual this right will be held accountable. As the Chief of Police, Defendant Atesiano was trusted by his community to lead their police officers by example; he has failed his community and the officers of Biscayne Park.”
“The vast majority of law enforcement officers across the nation serve our communities with honor and integrity,” stated U.S. Attorney Benjamin G. Greenberg. “We will not allow the minority of officers who cast aside their oaths to tarnish the reputation of those who protect us all. Instead, as evidenced today with former Chief Raimundo Atesiano’s guilty plea, we will continue to hold them accountable in federal court for criminal acts that threaten our constitutional guarantees.”
“Law enforcement officers are entrusted with a great deal of responsibility and authority and therefore must be held to a high standard. Raimundo Atesiano failed to meet this standard by abusing his authority and breaking laws,” said Scott A. Rottman, Acting Special Agent in Charge, FBI Miami. "Unfortunately, the actions of a very few dishonest officers, such as Atesiano and his co-conspirators, undercut the public’s trust and they must be rooted out. His actions do not represent the overwhelming majority law enforcement officers who are diligent, honorable professionals who are worthy of that trust."
“It is a deliberate injustice to intentionally charge and arrest an innocent man. Police Chief Raimundo Atesiano’s actions were intended to give his community a false sense of security and were a betrayal of his oath to protect the residents of Biscayne Park and all the people of Miami-Dade County,” commented State Attorney Katherine Fernandez Rundle. “I applaud the combined efforts of our law enforcement partnership to end this calculated abuse of power.”
“Law enforcement officers must be held to the highest moral standards and when that trust is broken, FDLE will work aggressively to investigate and find the truth ensuring all citizens are treated justly,” said FDLE Miami Special Agent in Charge Troy Walker.
The case was investigated by the FBI, the FBI Miami Area Corruption Task Force and the FDLE, with assistance from the Miami-Dade State Attorney’s Office. The case was prosecuted by Assistant U.S. Attorney Harry C. Wallace, Jr., Trial Attorney D.W. Tunnage of the Civil Rights Division of the Department of Justice, and Assistant State Attorney Trent Reichling.
Foreign National Pleads Guilty to Theft of Government Property, Identity Theft, Money LaunderingRead the Press Release
A citizen of the Dominican Republic and former resident of New York pleaded guilty yesterday to theft of government property, aggravated identity theft, money laundering, conspiracy to commit money laundering, fraudulent use of a social security number, and failure to appear as ordered, all in connection with his involvement in a stolen identity tax refund fraud scheme, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Lelling for the District of Massachusetts.
According to court documents, in 2012, Hector Antonio Cruz-Mercedes, attempted to negotiate ten U.S. Treasury income tax refund checks totaling $75,808 generated from false tax returns filed in the names of stolen identities of Puerto Rican residents. Cruz-Mercedes also conspired to lauder the proceeds of the scheme by texting bank account deposit information to others involved in the scheme. Cruz-Mercedes was indicted in February 2014 and arrested in the Dominican Republic in January 2017, and later extradited to the United States.
Cruz-Mercedes’s sentencing is scheduled for Jan 8, 2019. He faces a statutory maximum sentence of ten years in prison for the theft of government property, a maximum of twenty years in prison for the money laundering conviction, a two year mandatory minimum prison term on the aggravated identity theft charge, five years in prison for the fraudulent use of a social security number, and five years for the failure to appear as ordered. He also faces a period of supervised release, restitution and monetary penalties
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Lelling thanked special agents of the Internal Revenue Service Criminal Investigation Homeland Security Investigation, and the United States Secret Service in Boston, who conducted the investigation, and Senior Litigation Counsel Corey J. Smith of the Department of Justice, Tax Division, who prosecuted this case.
Florida Woman Pleads Guilty to Mail Fraud Scheme Involving False Claims of Veterans Affairs SettlementRead the Press Release
LAS VEGAS, Nev. – A woman pleaded guilty Thursday to committing mail fraud in connection with a nearly $1.3 million scheme, U.S. Attorney Dayle Elieson for the District of Nevada.
Maria Jesus Luciano, 66, of Tampa, Florida, pleaded guilty without the benefit of a plea agreement to 11 counts of mail fraud.
According to court documents, Luciano resided in Las Vegas in 2010 to 2011. During that time period, Luciano befriended a man she met at the church they both attended. In 2011, she relocated to Tampa and maintained communication with the man. Luciano fraudulently represented to him that she had a pending settlement award from the U.S. Department of Veterans Affairs. She told him that she would share the settlement award with him if he provided her money to pay fees, interest, and other costs related to obtaining the settlement award. Her representations where false. In fact, after a brief period of service, Luciano was discharged from the U.S. Army in 1971. She received monthly pension benefits from the U.S. Department of Veterans Affairs for a non-military service related disability and was not entitled to any large monetary award or settlement.
In July 2013, Luciano mailed the man a fake promissory note granting him an interest in the purported settlement award. The man used his position as a controller at a large real estate investment business to embezzle and steal approximately $1.3 million from the business and its investors. He mailed Luciano numerous envelopes and packages containing the stolen money. Luciano used the money for gambling and personal expenses.
Sentencing is set for January 24, 2019, before U.S. District Judge Andrew P. Gordon. The maximum statutory penalty for mail fraud is 20 years in prison and a potential fine. In addition, she faces a criminal forfeiture money judgment of $1,298,748.56.
The case was investigated by the FBI with assistance from the Offices of Inspectors General for the U.S. Department of Housing and Urban Development and the U.S. Department of Veterans Affairs. Assistant U.S. Attorney Patrick Burns is prosecuting the case.
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Florida Resident Sentenced to Ten Years in Prison for Leading A Conspiracy to Defraud Factoring CompaniesRead the Press Release
OAKLAND – Karl James Stehlin, aka Carl Davis, was sentenced to ten years in prison and ordered to pay $2,158,250.04 in restitution for leading a scheme to defraud multiple companies out of more than $9,500,000, announced United States Attorney Alex G. Tse and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The sentence was handed down yesterday by the Honorable Yvonne Gonzalez Rogers, U.S. District Judge.
Stehlin, 63, of Seminole, Fla., pleaded guilty to the charges on January 25, 2018. In pleading guilty, Stehlin admitted that along with co-defendant Gregory Scott Winters, aka Rob Sacci, 46, formerly of Ocala Fla., and others, he conspired to sell millions of dollars’ worth of fake invoices to a Walnut Creek company. The Walnut Creek company provides services related to accounts receivable collateralized lending, also called “factoring.” Factoring is a financial transaction in which a business sells its accounts receivable (invoices) to a third party (the factor) at a discount. The factor advances a percentage of the face amount of the invoices to the business and then collects the full amount from the customers of the business in due course. Following collection from the customers, the factor deducts its commission and other fees and then pays the balance to the business. As part of the scheme, Stehlin and his co-conspirators created fake invoices and sold them to the Walnut Creek company.
To commit this fraud scheme, Stehlin and his co-conspirators created multiple shell entities. For example, the co-conspirators created Nature’s Own Pharmacy, a company they claimed sold equine supplements. They also created other shell companies the co-conspirators represented to be Nature’s Own Pharmacy’s customers. In reality, Nature’s Own Pharmacy is a phony shell corporation that sold no goods. Further, all of Nature’s Own Pharmacy’s purported customers were phony companies that purchased no goods and owed no legitimate debt. Stehlin admitted that he and his co-conspirators then created fake invoices that gave the appearance of the sale of goods from Nature’s Own Pharmacy to the shell company’s fake customers, and then sold the phony invoices to victims.
Stehlin admitted he perpetrated this scheme over a six-year period on multiple factoring companies throughout the United States. Stehlin used false names, virtual office addresses, and other false information to execute the scheme.
A federal grand jury indicted Stehlin on January 12, 2017, charging him and Winters with conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349 and wire fraud, in violation of 18 U.S.C. § 1343. Stehlin pleaded guilty to both counts.
During the proceedings at which Stehlin pleaded guilty and was sentenced, Judge Gonzalez Rogers made findings that the defendant organized the scheme and that he defrauded multiple factoring companies out of more than $9,500,000. Further, Judge Gonzalez Rogers found that Stehlin and his co-conspirators duped their victims into believing they would collect the face value of the invoices from the purported customers when, in reality, the invoices sold by Stehlin to the factoring companies were worthless. Stehlin admitted that the factoring companies involved in this case suffered losses in excess of $9,500,000. Judge Gonzalez Rogers concluded the defendant’s conduct resulted in significant financial hardship to one or more of his victims, including one factoring company that had to close a branch and lay off employees, many of whom worked for that company for years.
In addition to the prison term, Judge Gonzalez Rogers sentenced the defendant to a three-year period of supervised release. The defendant has been in federal custody since his initial appearance and will begin serving his sentence immediately.
Winters pleaded guilty to conspiracy and wire fraud charges on October 12, 2017. On April 19, 2018, Judge Gonzalez Rogers sentenced Winters to two years in prison to be followed by three years of supervised release for his role in the scheme.
Assistant U.S. Attorney William J. Gullotta is prosecuting the case with the assistance of Katie Turner and Michelle Alter Eck. The prosecution is the result of an investigation by the Federal Bureau of Investigation.
Financial Broker Charged in Manhattan Federal Court with Tax Evasion and Failure to File Tax ReturnsRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and James D. Robnett, the Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), announced today the unsealing of an indictment charging RICHARD JOSEPHBERG with five counts of tax evasion and four counts of willful failure to file tax returns. JOSEPHBERG was arrested earlier this morning and is expected to be presented and arraigned later this afternoon in Manhattan federal court before United States District Judge Richard J. Sullivan.
U.S. Attorney Geoffrey S. Berman said: “Richard Josephberg allegedly defrauded the IRS and evaded taxes by disguising more than $1.5 million in income as long-term capital gain. He also allegedly failed to file tax returns for four years. Working with IRS Criminal, we are determined to ensure that everyone meets his tax obligations.”
IRS-CI Special Agent in Charge James D. Robnett said: “The IRS enforces the nation’s tax laws and Special Agents are experts at following the money through multiple entities and complex structures. People who create elaborate schemes designed to mislead the IRS run the very high risk of arrest and criminal prosecution.”
According to the allegations in the Indictment unsealed today in Manhattan federal court:[1]
In late 2010, JOSEPHBERG began working for an investor relations firm (“Firm-1”) in Manhattan. Through the owner of Firm-1, JOSEPHBERG secured a commission-based arrangement with another investment firm (“Firm-2”), which agreed to pay JOSEPHBERG a commission of approximately 15 percent of any profit generated by Firm-2 on financing deals originated by JOSEPHBERG. For originating one such financing deal, JOSEPHBERG was entitled to commission payments totaling approximately $1.57 million in 2011. After receiving payments totaling approximately $35,725 in his own name, JOSEPHBERG directed Firm-2 to issue the remaining the commission payments in the name of a newly formed nominee corporate entity called “Almorli Advisors Inc.” JOSEPHBERG opened a new bank account in the name of Almorli Advisors Inc. (“Almorli Bank Account-1”), and deposited payments totaling approximately $1.53 million into that account.
In March 2012, while preparing to file 2011 federal income tax returns, JOSEPHBERG took steps to evade paying hundreds of thousands of dollars in federal income taxes by disguising and concealing the type of income that JOSEPHBERG had received from Firm-2. On or about March 27, 2012, JOSEPHBERG formed a second entity called “Almorli Advisors NY LLC.” JOSEPHBERG caused his accountant to prepare a false 2011 partnership income tax return, Form 1065, in the name of Almorli Advisors NY LLC (the “2011 Form 1065”), listing JOSEPHBERG as a 99 percent partner and JOSEPHBERG’s son as a one percent partner. To evade a substantial part of the income taxes due and owing for 2011, JOSEPHBERG caused the 2011 Form 1065 falsely to report the commission payments from Firm-2, totaling approximately $1,574,922, as a long-term capital gain, rather than ordinary income. JOSEPHBERG’s purported 99 percent share of this false long-term capital gain flowed through to JOSEPHBERG’s 2011 individual income tax return, Form 1040. JOSEPHBERG’s fraudulent misclassification of this income resulted in a reported tax liability that was hundreds of thousands of dollars lower than the true tax liability because individual long-term capital gains were taxed at a significantly lower rate than ordinary income.
JOSEPHBERG also engaged in a scheme to evade the assessment of federal income taxes for calendar years 2013 through 2016. During those years, JOSEPHBERG received substantial income from performing consulting and other professional services. Despite earning substantial income, JOSEPHBERG failed timely to file any federal income tax returns for the calendar years 2013 through 2016 until after IRS agents contacted JOSEPHBERG in May 2017. In addition to not timely filing any tax returns, JOSEPHBERG took various affirmative steps to evade the assessment of taxes. Among other things, JOSEPHBERG routed substantial amounts of income through Almorli Bank Account-1 and another bank account in the name of Almorli Advisors Inc., which bank accounts JOSEPHBERG controlled and used to pay for his personal expenses.
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JOSEPHBERG, 71, of Greenwich, Connecticut, is charged with five counts of tax evasion, each of which carries a maximum sentence of five years in prison, and four counts of willful failure to file tax returns, each of which carries a maximum sentence of one year in prison.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the outstanding investigative work of IRS Criminal Investigation in this case.
This case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorney Olga I. Zverovich is in charge of the prosecution.
[1] The charges contained in the Indictment are merely accusations and the defendant is presumed innocent unless and until proven guilty.
Feds Charge Straw Purchasers in PSN Neighborhood: Gun Used in HomicideRead the Press Release
DALLAS – The straw purchasers of a gun used to murder an innocent man appeared in federal court today, charged with making false statements during the acquisition of a firearm, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
According to the Indictment, unsealed following the defendants’ arrest yesterday, sisters Demoushae and Tashonna Marsh purchased two 9-millimeter Glock pistols from Academy Sports + Outdoors, a federally-licensed firearm dealer, on April 16. On their applications, each woman claimed she was the “actual buyer” of the firearm – while allegedly knowing the guns were intended for someone else.
One of the pistols ended up in the hands of a teenage boy.
On April 18 -- just two days after the straw purchase – the juvenile and a co-conspirator attempted to rob a man in the driveway of his Dallas home. Upon hearing the struggle, the victim’s brother, Leonardo Vazquez-Barcenas, came outside to investigate. The juvenile, still struggling with the homeowner, fired a single shot, killing Mr. Vazquez-Barcenas.
“Federal firearm restrictions are designed to keep deadly weapons from being used in street crimes like these,” said Nealy Cox. “This case should send a message to would-be straw purchasers across north Texas: We will bring to justice anyone who attempts to circumvent gun laws in our district.”
The Dallas County District Attorney’s Office is handling the homicide case. The straw purchasing case was brought as part of the U.S. Attorney’s “Project Safe Neighborhood” initiative, a strategic effort targeting violent offenders in Dallas’ most dangerous neighborhoods. The Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) conducted the investigation with assistance from the Dallas Police Department; Assistant U.S. Attorney P.J. Meitl is prosecuting the case.
An Indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
Federal Inmate Convicted After Knife Attack at FCI-GreenvilleRead the Press Release
Federal inmate Detrick L. Layfield, 40, has been found guilty of assault with a dangerous weapon intending bodily harm after attacking a fellow inmate at the Federal Correctional Institute in Greenville, Illinois. The conviction comes after a two-day federal jury trial in East St. Louis, Illinois, where Layfield was also found guilty of possessing a contraband weapon in the prison and attempting to obstruct justice. The charges against Layfield were originally brought in a federal indictment returned in October 2017.
The evidence at trial established that, on September 1, 2017, Layfield assaulted a fellow inmate with an improvised weapon (a sharp object known as a "shank"). The inmate was identified in court documents only as "S.D." Afterward, Layfield enlisted two other inmates in an attempt to conceal the whereabouts of the shank so it couldn’t be used against him in the federal prosecution. One of the inmates, however, revealed the location of the shank during an interview. Shanks and other weapons are considered prison contraband, possession of which constitutes a separate offense.
At the time of the attack, Layfield was incarcerated based on a federal conviction out of the Western District of Kentucky. He was scheduled to be released in July 2019. Sentencing is set for December 14, 2018. By statute, Layfield could receive as much as 35 years in prison for the three offenses.
The case was investigated by the Bureau of Prisons’ Special Investigations Section and the Federal Bureau of Investigation. Assistant United States Attorney Angela Scott is prosecuting the case.
East Saint Louis Man Lands 20-Year Prison Sentence for Coaine Trafficking ConspiracyRead the Press Release
Emil D. Lewis, a/k/a "E," 49, of East Saint Louis, Illinois, has been sentenced to a 240-month term in federal prison for conspiring to distribute cocaine and cocaine distribution, United States Attorney for the Southern District of Illinois Steven D. Weinhoeft announced today. Lewis previously pleaded guilty to a four-count indictment charging the same.
Evidence at the plea and sentencing hearings established that the illicit conspiracy took place between December 25, 2016, and September 6, 2017. Over the course of the conspiracy, Lewis was responsible for distributing more than 150 kilograms of cocaine.
Evidence in support of this prosecution was obtained in an investigation conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF initiative is designed to bring federal, state, and local law enforcement agencies and resources together to identify, target and dismantle large national and international drug trafficking organizations. The investigation was conducted by the Drug Enforcement Administration and the Internal Revenue Service.
East Bridgewater Man Arrested for Producing Child PornographyRead the Press Release
BOSTON – An East Bridgewater man was arrested yesterday and charged in federal court in Boston with producing child pornography.
Daniel O’Connor Jr., 57, was charged with one count of production/attempted production of child pornography. He appeared in federal court yesterday and was ordered detained pending a detention and probable cause hearing scheduled for Monday, Sept. 17, 2018.
According to the criminal complaint unsealed yesterday, on June 7, 2018, law enforcement executed a federal search warrant at the home of O’Connor Jr., where they located two iPhones belonging to the defendant. An onsite forensic review of one of the phones revealed images of child pornography.
It is alleged that further review of the phone revealed approximately 137 images and approximately 20 videos of child pornography. In addition, the phone contained multiple apps popular with minors, such as Kik Messenger. A review of O’Connor’s Kik app revealed chats between O’Connor and an 11-year-old girl during which O’Connor solicits and receives a number of images and videos depicting child pornography.
The charge of producing child pornography provides for a mandatory minimum sentence of 15 years and up to 30 years in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Plymouth County District Attorney Timothy Cruz made the announcement today. Assistant U.S. Attorney Suanne Sullivan Jacobus of Lelling’s Major Crimes Unit is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Drug Traffickers Charged with Kidnapping, Extortion, and Conspiracy to Distribute Heroin in Utah CaseRead the Press Release
SALT LAKE CITY – Federal prosecutors in Salt Lake City have unsealed charges alleging three individuals operating a drug trafficking organization traveled from Phoenix to Salt Lake City in August and kidnapped a 17-year-old boy at gunpoint from his mother’s Utah business while trying to collect a heroin-related drug debt.
The defendants conducted surveillance on a business in West Valley City operated by the victim’s mother for two days before striking. They entered the business and demanded more than $20,000 in compensation for heroin that was seized as evidence by law enforcement officers when she was stopped while transporting the drugs from Minneapolis to the Salt Lake valley. The defendants, according to a complaint in the case, told her she was responsible not only for the cost of the kilogram of heroin seized from her on Aug. 11, 2018, but was also responsible for heroin seized from another member of the drug trafficking organization.
Charged in the case are Oscar Rene Chacon Lopez, age 26, a Honduran citizen living in Nogales, Sonora, Mexico; and Jeanette Mejia, age, 25, Juan Carlos Moreno Trinidad, age 41, Nadia Carolina Avalos, age 33, and Issa Jassim Al-Sadoon, age 26, all of Phoenix.
The defendants are charged with one count of conspiracy to distribute heroin in a federal indictment. Chacon, Moreno, Avalos and Al-Sadoon are charged with kidnapping and Hobbs Act extortion in the indictment. Moreno, Avalos and Al-Sadoon are charged with brandishing a firearm in furtherance of a drug trafficking offense and Chacon and Mejia are charged with conspiracy to commit money laundering.
The case stems from an investigation into a drug trafficking organization conducted by the Utah County Major Crimes Task Force and the Salt Lake City Division of the FBI. The West Valley City Police Department has also assisted with the case.
The complaint alleges the investigation has established that the defendants charged in the case have conspired with others to distribute 1000 grams or more of heroin in Utah.
The complaint alleges the individuals conspired to commit overt acts in furtherance of the drug trafficking conspiracy. Law enforcement officers seized approximately 990 grams of heroin and 28 grams of cocaine during the execution of a search warrant at a storage unit in West Jordan on April 10, 2018. During a traffic stop in Sandy on the same day, investigators seized 638 grams of heroin, 43 grams of cocaine, and $1,300. Later the same day, investigators seized approximately 567 grams of heroin, 17 grams of cocaine, $2,195 in cash, and packaging material consistent with illegal drug distribution during the execution of a search warrant in Magna.
The juvenile victim was abducted on Aug. 13, 2018. The victim called his mother and told her he had been taken by men who wanted money from her. She also received a short video of the inside of her truck demonstrating the kidnappers had also stolen her truck. In the following hours, Chacon sent numerous typed text messages and recorded voice messages. The complaint alleges the juvenile was kidnapped because of a drug debts and he would only be released unharmed if she did what she was told and deposited cash into bank accounts he had provided. He threatened her son and other children at her home with physical violence. Chacon made it clear he directed the kidnappers in Utah and that her son would be released only after he was paid at least $10,000.
FBI agents, Utah County Major Crime Task Force detectives, and West Valley police officers were able to locate and remove the juvenile victim later that evening from a Salt Lake County hotel room and return the juvenile unharmed to his home. Chacon, Moreno, Al-Sadoon and Avalos were charged in a complaint filed Aug. 20, 2018. Mejia was added as a defendant in the case when it was presented to a grand jury Sept. 4, 2018.
The maximum potential for the heroin conspiracy charge is life in prison with a 10-year mandatory minimum sentence. The potential penalty for brandishing a firearm during a drug trafficking offense is 7 years in prison. Kidnapping carries a potential life sentence with a 20-year mandatory minimum sentence. The Hobbs Act extortion count and the conspiracy to commit money laundering both have potential 20-year sentences.
Moreno, Al-Sadoon, and Avalos have been arraigned on the charges in the indictment and have entered pleas of not guilty to the charges. A five-day jury trial has been set for Nov. 13, 2018, before U.S. District Judge David Sam. The defendants are in custody pending trial. Federal arrest warrants are pending for Chacon and Mejia.
Cooperstown Man Charged with Money Laundering, Filing False Tax ReturnsRead the Press Release
ALBANY, NEW YORK – Thomas K. Lagan, age 60, of Cooperstown, New York, and formerly of Slingerlands, New York, was arraigned today on money laundering and tax charges relating to the theft of approximately $11.8 million from estates for which he served as a fiduciary.
The announcement was made by United States Attorney Grant C. Jaquith; New York Attorney General Barbara D. Underwood; James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation; and James D. Robnett, Special Agent in Charge of the New York Field Office of IRS-Criminal Investigation.
A federal indictment charges that Lagan, between November 2011 and February 2018, conspired with Richard J. Sherwood to launder the proceeds of a fraud conspiracy. Lagan is also accused of failing to report more than $5.3 million in income to the Internal Revenue Service in 2013 and 2015. In a separate indictment being prosecuted by the New York Attorney General’s Office, Lagan is charged in Albany County Court with grand larceny in the first degree, criminal possession of stolen property, and a scheme to defraud. The charges in the indictments are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Lagan appeared today before United States Magistrate Judge Daniel J. Stewart, who ordered him released on his own recognizance.
If convicted on the federal charges, Lagan would face up to 20 years in prison, a maximum fine of $250,000, and up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Lagan’s alleged co-conspirator, Sherwood, pled guilty in June 2018 to federal and state charges.
Sherwood, an attorney since 1988, practiced primarily in the area of trusts and estates. Starting in about 2006, he provided estate planning and related legal services to Capital Region philanthropists Warren and Pauline Bruggeman, and to Pauline’s sister, Anne Urban, all of Niskayuna, New York. Sherwood was advising the Bruggemans when, in 2006, they signed wills directing that all their assets go to charities, churches and civic organizations, aside from bequests to Anne Urban and Julia Rentz, Pauline’s other sister.
Warren Bruggeman died in April 2009, and Pauline died in August 2011. At the time of her death, Pauline had personal and trust assets valued at approximately $20 million.
In pleading guilty, Sherwood admitted that after Pauline Bruggeman’s death, he and Lagan conspired to steal and launder millions of dollars from her estate as well as from Anne Urban, who died in 2013. Their conspiracy came to include the diversion and transfer to themselves of several million dollars belonging to Julia Rentz, a resident of Ohio, who was suffering from dementia at the time of the thefts and died in 2013.
The federal case is being investigated by the FBI and IRS-CI, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
The state case is being prosecuted by Assistant Attorneys General Christopher Baynes and Matthew Peluso of the Attorney General’s Public Integrity Bureau, under the supervision of Bureau Chief Daniel G. Cort and Deputy Bureau Chief Stacy Aronowitz. The Criminal Justice Division is led by Executive Deputy Attorney General Margaret Garnett. The investigation was led by Investigator Mark Spencer of the Attorney General’s Investigations Bureau, under the supervision of Deputy Chief Investigator Antoine Karam. The Investigations Bureau is led by Chief Dominick Zarrella. Meaghan Scovello, Associate Forensic Auditor, provided the financial analysis. The Forensic Audit Section is supervised by Edward Keegan. Senior Analyst Sara Pogorzelski assisted in the investigation.
Convicted Felon Headed Back to Prison for Firearm OffenseRead the Press Release
Tristan Mack, 41, of East St. Louis, Illinois, has been sentenced to 46 months in prison for knowingly possessing a gun after sustaining a felony conviction, Steven D. Weinhoeft, United States Attorney for the Southern District of Illinois, announced today. United States District Judge Nancy J. Rosenstengel handed down the sentence, which includes a three-year term of supervised release. Robinson also agreed to forfeit the firearm he illegally possessed.
Court proceedings revealed that on the evening of December 16, 2017, an Illinois State Police Trooper stopped a car driven by Mack in East St. Louis for speeding and running a stop sign. After noticing an odor of cannabis coming from the vehicle, the trooper conducted a search and discovered a loaded PA-63 semi-automatic firearm in the rear pouch of the driver’s seat, along with 36 grams of cannabis and six ecstasy tablets.
At the time of his arrest, Mack had a prior felony conviction for armed carjacking, an offense for which he was still on federal supervised release after having served 20 years in prison. As a result of his arrest in this case, Mack’s supervised release was revoked and he was sentenced to 21 months imprisonment, a term that will run concurrently with his 46 month sentence.
The case was investigated by the Illinois State Police and prosecuted by Assistant United States Attorney Christopher Hoell.
Clymer School Teacher Charged with Possession 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 Scott Aikens, 60, of Clymer, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a mandatory penalty of 10 years in prison and a $250,000 fine.
Special Assistant U.S. Attorney Jeremy V. Murray, who is handling the case, stated that according to the complaint, in late June 2018, Homeland Security Investigations in Buffalo received information that a user, identified as "EJD," was active on the Thai based child pornography open website "Boyxzeed2.net.” Investigators traced the email address utilized by “EJD” to the defendant.
On September 14, 2018, a search warrant was executed at the defendant’s residence on Route 474 in Clymer. During the search, multiple electronic devices were recovered, including a laptop and two desktop computers. At the time that the search warrant was executed, HSI special agents observed Aikens sitting in front of his computer. According to the complaint, there were multiple images on the computer screen of young prepubescent males with their genitals exposed.
The defendant is a 7-12 grade school teacher with the Clymer Central School District.
Aikens made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder and is being held pending a detention hearing on September 18, 2018 at 1:00 p.m.
Members of the public who have specific information related to this case are urged to contact the HSI Buffalo Office at 716-464-6070. HSI victim-witness specialists will be available to assist any parent or guardian should they need victim-related resources. If any members of the public have general questions or concerns regarding sexual abuse of children or would like guidance on how to discuss this issue with children, please call Justice and Hope for Children at 716-338-9844.
The criminal complaint is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Carson Morris, Former New York State Correction Officer at Downstate Prison, Sentenced to 40 Months for Beating Inmate Kevin Moore and Falsifying RecordsRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that CARSON MORRIS, a former New York State Correction Officer, was sentenced yesterday by U.S. District Judge Kenneth M. Karas to 40 months in prison for the November 12, 2013, beating of Kevin Moore, a 54-year-old inmate at the Downstate Correctional Facility in Fishkill, New York, and for falsifying records to cover up the beating.
MORRIS pled guilty on November 1, 2017, to assaulting Moore in violation of Moore’s rights under the United States Constitution by repeatedly striking him as he lay restrained on the floor. Moore was hospitalized for approximately two weeks with multiple serious injuries from the beating, including facial bone fractures, five broken ribs, and a collapsed lung. MORRIS also pled guilty to conspiring to violate Moore’s civil rights, as well as to falsifying and conspiring to falsify Department of Corrections and Community Supervision (“DOCCS”) records concerning the assault.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Carson Morris participated in a brutal gang-style assault of inmate Kevin Moore, who lay defenseless on the prison floor begging for mercy. Morris and other officers then made up a false cover story to hide what they did, repeatedly lying in Corrections Department records and even creating a phony injury. All American citizens, including prisoners, are protected by the Constitution. Correction officers are not above the law, and when they beat inmates in their custody and lie about it, they are criminals and will be punished as criminals.”
Four other former New York State Correction Officers were charged in connection with the assault and cover-up. On November 20, 2017, Kathy Scott and George Santiago Jr. were convicted following a two-week jury trial of violating and conspiring to violate Moore’s Constitutional rights by repeatedly kicking and punching him as he law restrained on the floor; as well as falsifying and conspiring to falsify records in an attempt to cover up the beating. On July 21, 2018, Judge Karas sentenced Scott, who was a sergeant and the commanding officer on the scene, to 100 months in prison, and Santiago to 87 months in prison. Former Correction Officers Andrew Lowery and Donald Cosman pled guilty to the same charges pursuant to cooperation agreements with the United States on July 27, 2016, and August 31, 2016, respectively. On July 25, 2018, U.S. District Judge Nelson S. Román sentenced Lowery to a three-year term of supervised release. Cosman’s sentencing has not yet been scheduled.
According to the evidence introduced at trial:
On November 12, 2013, Kevin Moore, then 54 years old, was brought to the 1D Housing Unit at Downstate Correctional Facility to be housed overnight. Moore objected to his cell assignment and a verbal dispute ensued between Moore and a group of corrections officers. After Moore yelled, in sum and substance, “I’m a monster,” multiple officers, including MORRIS, forced Moore to the floor, restrained him, and then proceeded to assault Moore as he lay there, repeatedly punching and kicking Moore in the head and body. At no time did Moore ever try to attack, touch, or even make a threatening gesture toward any of the officers. While Moore lay defenseless on the floor, MORRIS repeatedly kneed, punched, and kicked Moore in the torso. Santiago, who was wearing boots, delivered a soccer-style kick to Moore’s face and continued to strike Moore after Moore was handcuffed. During the beating, Santiago laughed and taunted Moore, yelling “Who’s the monster now.”
Scott, who was a sergeant and the supervising officer on the scene, was present for the entire beating and was legally required to stop the excessive force being used by her subordinates. Instead of taking action to stop the unlawful violence, Scott encouraged it, ordering an officer to hold Moore down on the floor while other officers, including MORRIS, continued to knee, kick, and punch him. During the beating, Moore repeatedly cried out in pain and begged the officers to stop hurting him.
Immediately after the beating, MORRIS and other officers, led by Scott, engaged in an elaborate cover-up of the crime they had committed. They made up a false cover story that Moore had attacked Cosman and that MORRIS had to strike Moore once in the head to save his fellow officer. To make this lie believable, the officers claimed that Moore had injured Cosman’s back by pushing him backward onto a table. But because nothing of the sort had occurred, they created a phony injury. Specifically, Santiago hit Cosman repeatedly on the back with a baton, MORRIS rubbed the area with his hand to make the baton marks look worse, and Scott photographed the fake injury. Scott then prepared a false Use of Force Report describing the incident and incorporating the photos and false statements from herself and other officers, including MORRIS, and submitted the false report to her superiors. Scott, Santiago, and MORRIS also pressured other officers to lie to investigators about what had occurred.
Moore was severely injured, suffering multiple facial fractures, five broken ribs, and a collapsed lung, among other injuries. According to the medical evidence, Moore received at least four forceful blows to the face and torso, including one crushing strike to the right eye that was consistent with a kick from a boot.
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MORRIS, 33 of Coconut Creek, Florida, was sentenced to 40 months in prison and one year of supervised release. MORRIS must surrender to the custody of the Bureau of Prisons on December 10, 2018.
Mr. Berman praised the investigative work of the Federal Bureau of Investigation and the Special Agents at the United States Attorney’s Office. Mr. Berman also thanked the DOCCS Office of Special Investigation and the Dutchess County District Attorney’s Office for their assistance in the investigation.
This case is being handled by the Office’s Civil Rights Unit and the White Plains Division. Assistant U.S. Attorneys Andrew Dember and Pierre Armand are in charge of the prosecution.
California Man Sentenced for Possession with Intent to Distribute HeroinRead the Press Release
United States Attorney Joe Kelly announced that on September 14, 2018, Alberto Giovanni Zamora, 34, of Oxnard, California, was sentenced to 10 years (120 months) in prison for possession with intent to distribute one kilogram or more of a mixture or substance containing heroin. Following the prison term, Zamora will serve five years on supervised release.
On August 25, 2017, a Seward County Sheriff’s Sergeant patrolling I-80 stopped a car driven by Zamora’s co-defendant, Juan Jesus Nava, for following too closely. Zamora was the passenger and owner of the car. Both Nava and Zamora gave verbal consent to search. During a search of the car, 15 packages of heroin, weighing approximately 24 ½ pounds, (approximately 11 kilograms), were found. Photos were obtained which showed Zamora driving the car across the border into the United States from Mexico on August 22, 2017.
Nava pled guilty to misprision of a felony for failing to notify Seward County deputies that Zamora was transporting heroin. Nava was sentenced in May of 2018 to 27 months in prison.
This case was investigated by the Seward County Sheriff’s Department and the Drug Enforcement Administration, (DEA).
Brockton Woman Sentenced for KidnappingRead the Press Release
BOSTON – A Brockton woman was sentenced today in federal court in Boston for the armed kidnapping of a Quincy man and two children.
Yesenia Diaz, 24, was sentenced by U.S. District Court Chief Judge Patti B. Saris to four years in prison and two years of supervised release. In December 2017, Diaz pleaded guilty to kidnapping.
In January 2018, co-defendant Malik Bangura, 20, was sentenced to 17 years in prison and two years of supervised release. On Aug. 23, 2018, co-defendant Sedrick Oliveira, 26, of Stoughton, was sentenced to 21 years in prison and five years of supervised release. On Aug. 16, 2018, Diego Pires was sentenced to 217 months in prison and five years of supervised release.
On Oct. 8, 2016, at approximately 10:25 p.m., a 30-year-old man was kidnapped from the driveway of his Quincy home after being struck in the head with a revolver as he got out of his truck, and dragged into a nearby sedan. The victim had two children strapped into car seats in his truck, as well as approximately 30 pounds of marijuana, at the time he was assaulted.
Once the victim was in the sedan, two masked perpetrators, later identified as Pires and Bangura, drove the victim’s truck, with the children still inside, to a secluded location where they unloaded the marijuana and $20,000 from the victim’s truck, into the sedan. The victim, who was face-down in the backseat of the sedan at gunpoint, begged for his life and the life of the two children who were still in their car seats in the back of his truck.
Pires, Bangura, Diaz, and Oliveira then drove the sedan with the drugs, cash and the victim, from Quincy to Brockton and called the victim’s wife demanding $100,000. Law enforcement officers spotted the sedan as it drove through Brockton, recognized the vehicle from a drive-by shooting that occurred in August 2016, and began to follow it. After the defendants recognized the police, they attempted to flee, but ultimately abandoned the sedan in a Brockton driveway. The victim escaped, flagged down law enforcement officers, and described to them the secluded location where the truck had been deserted. Law enforcement located the truck with the children inside, who were unharmed. Diaz was subsequently found standing by the sedan and arrested.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Brockton Police Chief John Crowley; and Quincy Police Chief Paul Keenan, made the announcement today. Assistant U.S. Attorney Emily O. Cannon of Lelling’s Organized Crime and Gang Unit is prosecuting the case.
Boston Man Pleads Guilty to Role in Trans-National Methamphetamine Trafficking RingRead the Press Release
BOSTON – A Boston man pleaded guilty today in federal court in Boston to his role in a large-scale methamphetamine trafficking and money laundering ring operating between Massachusetts and California.
Mario Castro, 50, pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 50 grams or more of methamphetamine and one count of possession of 50 grams or more of methamphetamine with intent to distribute. U.S. Senior District Court Judge George A. O’Toole Jr. scheduled sentencing for March 27, 2019.
Castro is one of 11 men from Massachusetts and California who were indicted in 2016 on drug and money laundering conspiracy charges. Beginning in at least 2013, the defendants participated in a conspiracy to transport sizeable quantities of methamphetamine from San Diego, Calif., to Massachusetts, where it was distributed in the greater Boston area. Proceeds from the sale of that methamphetamine were then transported and/or transferred back to California and laundered in various ways. In his plea agreement, Castro admitted that in December 2015, agents seized approximately 75 grams of methamphetamine hidden in his pants, and that he intended to distribute some of the drugs.
The charges of conspiracy to distribute and possess with the intent to distribute 50 grams or more of methamphetamine, and possession of 50 grams or more of methamphetamine with the intent to distribute, both provide for a minimum sentence of 10 years and up to life in prison, a minimum of five years and up to a lifetime of supervised release and a fine of up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; William Ferrara, Director of Field Operations of U.S. Customs and Border Protection; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Boston Police Commissioner William Gross made the announcement. The Reading, Watertown, Quincy, Chelsea, Braintree, Peabody, Waltham, and Woburn Police Departments, and Connecticut State Police assisted with the investigation. Assistant U.S. Attorneys James E. Arnold and Jared C. Dolan of Lelling’s Narcotics & Money Laundering Unit are prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Boston Gang Member Sentenced for Distributing Drugs in and Around Public Housing DevelopmentRead the Press Release
BOSTON – A Boston gang member was sentenced today in federal court in Boston for distributing crack cocaine in a Jamaica Plain housing development.
Cerone Davis, a/k/a “Jp,” 25, was sentenced by U.S. District Court Judge Allison D. Burroughs to one year and one day in prison and six years of supervised release. Davis previously pleaded guilty to distribution of controlled substances within 1,000 feet of a public housing facility.
Following a two-year investigation, Davis and eight co-defendants were charged in January 2018 in connection with illegal drug distribution and firearm possession within and near the Mildred C. Hailey Apartments in Jamaica Plain, formerly known as the Bromley Heath Housing Development. Davis, a member of the Heath Street Gang, sold cocaine base, also known as crack cocaine, in April 2017. According to court documents, Davis was most recently arrested in Westbook, Maine, and charged with sex trafficking after police responded to an advertisement on Backpage.com soliciting sex with a prostitute for $300. The contact information associated with the online advertisement was traced back to Davis.
The investigation and arrests sought to reduce violence and improve the quality of life in and around the Mildred C. Hailey Apartments for residents by removing individuals who trafficked drugs and/or were actively involved in violence and gang disputes.
United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Boston Police Commissioner William Gross made the announcement. Assistance was also provided by the Boston Housing Authority’s Department of Police and Public Safety.
The details contained in the charging documents are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Bergen County, New Jersey, Man Admits Bribing State Department EmployeeRead the Press Release
TRENTON, N.J. – A Bergen County, New Jersey, man today admitted giving a bribe to an employee of the U.S. Department of State, U.S. Attorney Craig Carpenito announced.
Luis Santos, 37, of Teaneck, New Jersey, pleaded guilty before U.S. District Judge Michael A. Shipp in Trenton federal court to an information charging him with one count of bribery of a public official.
According to documents filed in the case and statements made in court:
Santos paid $2,381 to a U.S. Consular Adjudicator in Santo Domingo, Dominican Republic, to favorably handle and review non-immigrant visas, which allowed individuals from the Dominican Republic to apply for entry into the United States.
The bribery charge carries a maximum potential penalty of 15 years in prison and a fine of up to $250,000. Sentencing is scheduled for Dec. 18, 2018.
U.S. Attorney Carpenito credited special agents of the U.S Department of State Diplomatic Security Service with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Karen D. Stringer of the U.S. Attorney’s Office, Special Prosecutions Division in Newark.
Defense counsel: Thomas Ambrosio Esq., Lyndhurst, New Jersey
Altoona Woman Charged with Social Security FraudRead the Press Release
DES MOINES, Iowa – On August 28, 2018, a federal grand jury charged Leesa Marie Parkhill-Nieland, age 47, of Altoona, with Social Security fraud, announced United States Attorney Marc Krickbaum. Parkhill-Nieland is charged with theft of government funds, Social Security fraud, and making a false statement to the Social Security Administration. Parkhill-Nieland is alleged to have received Social Security Disability Insurance Benefits from about December 2012 until about April 2018. According to the Indictment, during this time, Parkhill-Nieland was self-employed through two different businesses, Pine Hollow Stables and Coat of Many Colors. Parkhill-Nieland is alleged to have concealed and failed to disclose that employment from the Social Security Administration in order to continue to receive payments.
The defendant appeared in United States District Court in Des Moines on September 14, 2018. The public is reminded that an Indictment is merely an accusation, and the defendant is presumed innocent unless she is proven guilty.
This matter is being investigated by the Social Security Administration—Office of Inspector General. The case is being prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
16 MS-13 Gang Members Indicted for Assault and Drug TraffickingRead the Press Release
A federal grand jury in Fresno, California returned a five-count indictment yesterday against 16 members and associates of La Mara Salvatrucha (MS-13), Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney McGregor W. Scott for the Eastern District of California announced.
The defendants are charged with assault with a dangerous weapon in aid of racketeering (two counts); conspiracy to distribute and possess with intent to distribute methamphetamine, cocaine, and marijuana; and being an alien in possession of a firearm (two counts). The defendants are:
- Denis Barrera-Palma, 24, of Mendota, California, charged with assault with a dangerous weapon (a pipe) and drug conspiracy;
- Mario Alexander Garcia, 31, of Mendota, charged with drug conspiracy;
- Francisco Lizano, 24, of Mendota, charged with drug conspiracy and alien in possession of a firearm;
- Jefferson Guevara, 19, of Los Angeles, California, charged with drug conspiracy;
- Ever Membreno, 18, of Mendota, charged with drug conspiracy;
- Edgar Torres-Amador, 21, of Mendota, charged with assault with a dangerous weapon (a pipe);
- Lorenzo Amador, 20, of Mendota, charged with assault with a dangerous weapon (a stabbing instrument) and drug conspiracy;
- Jose Wilson Navarette-Mendez, 21, of Mendota, charged with drug conspiracy;
- Denis Alfaro-Torres, 22, of Mendota, charged with drug conspiracy;
- Santos Bonilla, 26, of Mendota, charged with drug conspiracy;
- Henry Bonilla, 18, of Mendota, charged with drug conspiracy;
- Marvin Villegas-Segovia, 21, of Mendota, charged with drug conspiracy;
- Christian Hidalgo, 21, of Mendota, charged with drug conspiracy;
- Brenda Yajaria Morales, 25 of Mendota, charged with drug conspiracy and alien in possession of a firearm;
- Claudia Lizaola, 39, of San Bernardino, California, charged with drug conspiracy; and
- Oscar Reyes, 29 of Mendota, charged with drug conspiracy.
According to the complaint and indictment, the defendants were allegedly members of MS-13 operating in Mendota and Los Angeles. MS-13 is a violent criminal street gang that engages in racketeering activity, including murder, kidnapping, extortion, and drug trafficking. Its members span the nation and are active internationally as well. The charges allege that in May 2018, Denis Barrera-Palma and Edgar Torres-Amador assaulted another individual with a dangerous weapon in furtherance of MS-13 and in order to gain entrance to, or maintain or increase their status within, MS-13. They further allege that in August 2018, Lorenzo Amador assaulted another individual with a dangerous weapon in furtherance of MS-13 and in order to gain entrance to, or maintain or increase his status within, MS-13. The charges also allege that all defendants, except Amador-Torres, engaged in a conspiracy to distribute and possess with intent to distribute methamphetamine, cocaine and marijuana.
These charges follow initial charges filed via complaint in August 2018, after which most of the defendants were arrested on Aug. 30. As set forth in the complaint, MS-13 allegedly engaged in street level drug sales to fund the gang’s various criminal activities. The gang allegedly would acquire drugs, parse them out among members with a directive that they sell the drugs within a certain period of time and return all proceeds to the gang. Those proceeds would then allegedly be used for a variety of purposes, including funding trips to obtain drugs or commit acts of violence, putting money on the books of incarcerated MS-13 members, sending money to MS-13 members in El Salvador, and obtaining more narcotics to sell. Among the alleged assaults gang members engaged in were the May 2018 pipe attack in front of an elementary school in Mendota and an Aug. 12 stabbing in Mendota. Both alleged events involved MS-13 members assaulting individuals believed to be members of a rival gang to MS-13.
A number of the defendants are also facing charges in Fresno County Superior Court, including Denis Barrera-Palma and Ever Membreno, who are charged with conspiracy to commit murder with a gang enhancement.
The investigation was conducted by the California Department of Justice and California Highway Patrol Special Operations Unit, the Multi-Agency Gang Enforcement Consortium (MAGEC), the FBI, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), the Fresno County District Attorney’s Office, the Fresno County Sheriff’s Office, and the California Department of Corrections and Rehabilitation Special Services Unit (SSU). The CHP Special Operations Unit is a collaborative investigative effort between the California Department of Justice and California Highway Patrol that provides statewide enforcement to combat violent career criminals, gangs, and organized crime groups, along with intrastate drug traffickers. Trial Attorney Marianne Shelvey of the Criminal Division’s Organized Crime and Gang Section, along with Assistant U.S. Attorneys Ross Pearson, Angela Scott, Kathleen Servatius and Kimberly Sanchez of the Eastern District of California are prosecuting this and related cases. Senior Fresno County Deputy District Attorney Dennis Lewis is prosecuting related cases in Fresno County Superior Court.
All defendants, except Lorenzo Amador are in custody. Amador is at large and a warrant for his arrest is outstanding.
The charges in the indictment are merely allegations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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.
13 September 2018
“Winter Hat” Robber Sentenced to 11 Years in Federal Prison for Seven Bank RobberiesRead the Press Release
Baltimore, Maryland – U.S. District Judge George J. Hazel sentenced Harrison Lewis III, age 54, of Catonsville, Maryland, today to 11 years in prison, followed by three years of supervised release for six counts of bank robbery and one count of attempted bank robbery. A federal jury convicted Lewis of those charges on May 18, 2018. Lewis was dubbed the “winter hat” robber due to the hats he wore during the robberies as part of his disguise.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office.
According to the evidence presented at his five-day trial, Lewis committed bank robberies in Catonsville on December 28, 2016, January 5, 2017, January 6, 2017, January 11, 2017; a robbery and an attempted robbery on January 19, 2017 in Ellicott City; and a robbery on January 30, 2017 in Phoenix, Maryland. According to evidence presented at trial, Lewis entered each bank wearing a hat and sunglasses, approached the teller, passed the teller a note that demanded U.S. currency, and then fled the bank after the teller complied and handed over cash. The notes referenced an armed partner outside the bank, and instructed the tellers to not use any security measures such as alarms, dye packs, bait money, or tracking devices. Lewis also demanded the notes back from the tellers.
As to the January 19, 2017 attempted robbery, Lewis, entered a bank wearing a disguise, including a hat and sunglasses, passed a note, and then fled the bank after the teller told him that she could not read it. Minutes later, while wearing the same disguise, Lewis walked less than 100 yards down the street to another bank, again passed a note demanding money, and fled after the teller complied and handed over cash.
At his trial in May, the jury was unable to reach a verdict on charges relating to robberies that took place on December 31, 2016 in Sykesville and January 10, 2017 in Ellicott City.
In 2002, Lewis was convicted of federal bank robbery, and was sentenced to 150 months in prison on that charge. As part of his guilty plea in 2002, Lewis admitted to robbing 19 banks over the course of three months in 2001, using a demand note.
United States Attorney Hur commended the FBI, the Baltimore County Police Department, the Howard County Police Department, and the Maryland State Police for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Paul Budlow and Paul Riley, who prosecuted this case.
Wisconsin Man in State Custody Indicted for Hate Crime by Threatening Jewish Community Center in Whitefish Bay, WisconsinRead the Press Release
The Justice Department today announced that a federal grand jury in Wisconsin returned an indictment charging Chadwick Grubbs, 33, with obstruction and attempted obstruction of the free exercise of religious beliefs, by mailing threats on three separate dates in May to the Harry and Rose Samson Family Jewish Community Center in Whitefish Bay. In addition to three religious obstruction charges, the indictment also charges Grubbs with three counts of mailing threatening communications and one count of threatening to injure and destroy property by fire and an explosive.
The defendant is currently being held in state custody on separate cases.
The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
The FBI is leading the investigation. Assistant United States Attorney Gregory Haanstad of the U.S. Attorney’s Office for the Eastern District of Wisconsin and Trial Attorney Kathryn Gilbert of the Justice Department’s Civil Rights Division are prosecuting this case.
West Sacramento Man Pleads Guilty to Receipt of Child PornographyRead the Press Release
SACRAMENTO, Calif. —Zaid Bader Jacob, 49, of West Sacramento, pleaded guilty today to receipt of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, between January and April 2015, Jacob used a computer to receive files depicting child pornography. Jacob was identified by law enforcement after they identified an IP address at Jacob’s residence that was making child pornography available over the internet via a peer-to-peer file sharing program.
This case is the product of an investigation by the Federal Bureau of Investigation and the Sacramento Internet Crimes Against Children (ICAC) Task Force, a federally and state-funded task force managed by the Sacramento Sheriff’s Department with agents from federal, state, and local agencies. The Sacramento ICAC investigates online child exploitation crimes, including child pornography, enticement, and sex trafficking. Assistant U.S. Attorney Shelley D. Weger is prosecuting the case.
Jacob is scheduled to be sentenced by U.S. District Judge Troy L. Nunley on November 29, 2018. Jacob faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Ventura Man Arrested on Federal Child Exploitation CrimesRead the Press Release
LOS ANGELES – A former music teacher who contracted with a number of school districts in Southern California was arrested today pursuant to a federal grand jury indictment that alleges multiple crimes against children, including the production of child pornography.
John Edward Zeretzke, 60, of Ventura, was arrested late this morning without incident by the United States Postal Inspection Service and the Los Angeles County Sheriff’s Department. Zeretzke is expected to be arraigned on the indictment this afternoon in United States District Court in downtown Los Angeles.
The five-count indictment alleges that Zeretzke coerced a female minor to produce child pornography, that he attempted to entice another victim to send him sexually explicit images, that he traveled to the Philippines with the intent to engage in illicit sexual conduct with other minor victims, and that he twice received child pornography over the internet.
None of the victims in this case are located in Southern California.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until proven guilty in court.
If convicted of the charges in the indictment, Zeretzke would face a statutory maximum penalty of life in federal prison. He also would face mandatory minimum sentences for several of the offenses, including a mandatory 15-year prison for the offense of producing child pornography.
This case is being investigated by the United States Postal Inspection Service and the Los Angeles Sheriff’s Department, Special Victims Bureau.
This matter is being prosecuted by Assistant United States Attorney Justin Rhoades, Chief of the Violent and Organized Crime Section.
U.S. Attorney’s Office indicts 9 for conspiracy to distribute methamphetamine, cocaine in Calcasieu, Beauregard parishesRead the Press Release
LAKE CHARLES, La. – United States Attorney David C. Joseph announced today that nine defendants were indicted for distributing methamphetamine and cocaine in Calcasieu and Beauregard parishes.
Five defendants from Calcasieu Parish and four illegal aliens from Cuba were named in the 16-count indictment. They are:
Antonio Montero, 55, of Cuba;
Julio Elizagarate, 67, of Cuba;
Michael Miers, 56, of DeRidder, Louisiana;
Zet Elizagarate, 56, of Lake Charles;
Feliz Perez, 55, of Cuba;
Juan Gonzalez, 66, of Cuba;
Gary S. Byrd, 47, of Sulphur, Louisiana;
Lionel Peschier, 48, of Sulphur; and
Angie Perez, 47, of Sulphur.
According to the indictment, Montero, Julio Elizagarate, Miers, Zet Elizagarate, Gary Bryd, Lionel Peshier and Angie Perez conspired to distribute more than 500 grams of methamphetamine from June 7, 2017 to July 31, 2018. Montero, Elizagarate, Miers, Zet Elizagarate, Felix Perez and Juan Gonzalez conspired to distribute more than 5 kilograms of cocaine from May 31, 2018 to July 31, 2018. The illegal activity took place in Calcasieu and Beauregard parishes. Julio and Zet Elizagarate are married. Angie Perez and Felix Perez are not related.
The defendants have been arrested except for Byrd, Peschier and Angie Perez. Charges include: Count 1 – conspiracy to distribute and possess with intent to distribute methamphetamine; Counts 2 and 4 to 9 – methamphetamine distribution; Count 3 – attempted distribution of methamphetamine; Counts 10 and 11 – possession with intent to distribute methamphetamine; Count 12 – conspiracy to distribute and possess with intent to distribute cocaine; and Counts 13 to 16 – possession with intent to distribute cocaine.
The defendants face various possible penalties depending on the drug quantity involved, their roles in the conspiracy and their criminal history. On the drug conspiracy and distribution counts, some defendants face up to 20 years and one defendant faces up to 40 years in prison. The defendants also face up to life of supervised release. Additionally, the defendants face fines up to $5 million and forfeiture of property seized in the case.
COUNTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Antonio Montero * * * * * * Julio Elizagarate * * * * * * * * Michael Miers * * * * Zet Elizagarate * * Felix Perez * * Juan Gonzalez * * Gary Byrd * * Lionel Peschier * * * Angie Perez * *Homeland Security Investigations, DEA, Louisiana State Police, Calcasieu Parish District Attorney’s Office, Calcasieu Parish Sheriff’s Office, Combined Anti-Drug Task Force, Beauregard Sheriff’s Office, Lake Charles Police Department, Iowa Police Department and Deridder Police Department participated in the investigation. Assistant U.S. Attorney Robert C. Abendroth is prosecuting the case.
An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
U.s. Attorney, Jackson County Sheriff, and Federal, State and Local Law Enforcement Announce Significant Operation on Gulf CoastRead the Press Release
Gulfport, Miss. – This week, federal, state and local law enforcement on the Mississippi Gulf Coast are executing numerous arrest warrants in and around Jackson County, including a number of individuals indicted and arrested on federal criminal charges, announced U.S. Attorney Mike Hurst, Special Agent in Charge Dana Nichols with the Bureau of Alcohol Tobacco and Firearms, and Jackson County Sheriff Mike Ezell.
Over the last 13 months, the Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") has led a multi-agency investigation with the South Mississippi Metropolitan Enforcement Team and the Federal Bureau of investigation‘s Safe Street Task Force, focusing on career criminal offenders, armed narcotics traffickers, and documented gang members in and around Moss Point and Pascagoula. This investigation involved over thirty (30) controlled purchases of illegal firearms and/or narcotics, targeted follow-ups and interviews driven by and based upon intelligence and evidence gathered, and coordination prosecutors and officers to prioritize and marshal resources towards the worst criminal offenders in these communities.
This collaborative effort has resulted in the indictment by the U.S. Attorney’s Office of 17 defendants on gun charges, half of whom have already pled guilty or have indicated they will be pleading guilty.
Ninety-seven (97) illegal firearms were purchased or seized in this initiative, including a firearm that had been stolen out of a marked police car. Twenty (20) of these illegal firearms were either reported stolen or had obliterated serial numbers.
"The arrests this week are the result of months of hard work by special agents, officers, and prosecutors to take violent criminals off our streets and put them in jail where they belong. Today’s announcement, coupled with the significant increase in the number of indictments throughout the Southern District Mississippi, should serve as warning to criminals on the Coast and throughout Mississippi – you will be caught, you will be prosecuted, and you will be punished for your crimes. You can expect to see a lot more of us in the coming months, as we expand our crime fighting efforts, help law-abiding citizens take back their communities and make the Coast safe again," said U.S. Attorney Hurst.
The South Mississippi Metropolitan Enforcement Team is a partnership between the Jackson County Sheriff’s Office and the police departments of the cities of Moss Point, Pascagoula, Ocean Springs, and Gautier, with the goal to eliminate illegal narcotics from Jackson
County by investigating complaints of illegal narcotics activity, arresting illegal narcotics offenders and aid in the criminal prosecution of these offenders.
The FBI Safe Streets Task Force is a Gulf Coast High Intensity Drug Trafficking Area initiative and receives funding from the Office of National Drug Control Policy in Washington, D.C. It is made up of special agents from the FBI and law enforcement officers from the Pascagoula, Moss Point, Gautier and Ocean Springs Police Departments, Jackson County Sheriff’s Office, and U.S. Border Patrol.
Two Louisiana Men Sentenced for Smuggling Live White-Tailed Deer into MississippiRead the Press Release
Hattiesburg, Miss. – Edward L. Donaldson Jr., 75, and John Jared Oertling, 42, both residents of Pearl River, St. Tammany Parish, Louisiana, were sentenced in Hattiesburg Tuesday on charges of conspiring to smuggle live white-tailed deer into Mississippi, announced U.S. Attorney Mike Hurst and Special Agent in Charge Luis Santiago of the U.S. Fish and Wildlife Service, Office of Law Enforcement.
United States District Judge Keith Starrett sentenced Donaldson and Oertling each to three years of probation, a fine of $10,000, and a worldwide prohibition from hunting of any type for one year. Oertling was also sentenced to serve 6 months of house arrest under location monitoring. Judge Starrett further ordered that the 1,031 acre high-fenced enclosure, known as Turkey Trot, and owned by Donaldson’s daughter and Oertling’s wife, is to be quarantined by the Mississippi Department of Wildlife, Fisheries, and Parks for 5 years and the white-tailed deer inside are to be subjected to testing for chronic wasting disease paid for by Donaldson and Oertling in the amount of $120,000.
U.S. Fish and Wildlife Service Special Agent in Charge Luis Santiago stated: "We take our mission working with the Mississippi Department of Wildlife, Fisheries, and Parks and the citizens of Mississippi in conserving, protecting, and enhancing fish, wildlife, plants and their habitats very seriously. The U.S. Fish and Wildlife Service, Office of Law Enforcement, considers the potential spread of disease caused by the illegal commercialization of wildlife resources a high priority, and we will continue to work closely with our State partners to assist them in these important investigations."
This case was investigated by the U.S. Fish and Wildlife Service, Office of Law Enforcement, U.S. Department of Agriculture – Office of the Inspector General, and the Mississippi Department of Wildlife, Fisheries, and Parks. It is being prosecuted by Assistant United States Attorneys Darren J. LaMarca and Dave Fulcher.
Two Chicago Men Charged in a Federal Complaint in Connection with a Traffic StopRead the Press Release
St. Louis, MO – Alfredo Quintero, 21, of Chicago, and Alonso Villalvazo, 22, Chicago, were charged in a federal criminal complaint regarding a traffic stop which resulted in the seizure of approximately 7.5 pounds of cocaine.
According to the affidavit of the complaint, on September 10, 2018, a DEA Task Force Officer stopped a grey Chevrolet pickup truck traveling eastbound on Interstate 44 in Phelps County, Missouri, for a traffic violation of failing to properly affix a valid and readily identifiable license plate to a vehicle. The driver, Alonso Villalvazo, and passenger, Alfredo Quintero, both gave completely different accounts of their travel to Chicago. Quintero gave the officer consent to search the vehicle for suspected illegal narcotics or large bulk currency. During the search, he disclosed to the officer that narcotics were inside the vehicle hidden in a void inside the front vehicle differential and showed the officer the location of the narcotics. After dismantling the front vehicle differential, seven individually wrapped bundles were recovered and investigators seized approximately 3,489 gross grams (7 ½ lbs.) of cocaine.
Quintero and Villalvazo were charged with one felony count of Possession with Intent to Distribute Cocaine. The United States Attorney requested that both be detained pending trial.
As is always the case, charges set forth in the complaint are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
This case is being investigated by the Drug Enforcement Administration and the Phelps County Sheriff’s Department. Assistant United States Attorney Beth Orwick is handling the case for the U.S. Attorney’s Office.
Two Assistant U.S. Attorneys from Northern Ohio and Canton police detective among those being honored at Attorney General's Award ceremony next weekRead the Press Release
Two Assistant United States Attorneys who successfully prosecuted an international terrorism investigation and a Canton police detective who worked collaboratively to combat the opioid epidemic are among those being honored with Justice Department’s highest recognition Tuesday.
Assistant U.S. Attorney Matthew Shepherd and Michael Freeman will receive the Attorney General’s Award for Excellence in Furthering the Interests of U.S. National Security. Canton Police Detective Michael Rastetter will receive the Attorney General’s Award for Distinguished Service in Policing.
Attorney General Jeff Sessions will honor efforts by people from inside and outside the Department of Justice in Washington on Tuesday at the 66th Annual Attorney General’s Awards Ceremony. This annual ceremony recognizes individuals for their outstanding service and dedication to carrying out the missions of the Department of Justice.
“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. “AUSAs Shepherd and Freeman worked tirelessly along with agents and analysts to trace the flow of funds from the United States to halfway around the world, money that was to be used to fund terror attacks. 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.”
Shepherd and Freeman led a team of FBI agents and analysts from at least five different field offices in the investigation and prosecution of Yahya Farooq Mohammad, Ibrahim Zubair Mohammad, Asif Salim, and Sultane Salim.
These four men in 2009 provided more than $20,000 to Anwar Al Awlaki in Yemen, just four months before a member of Awlaki’s group attempted to detonate a bomb in his pants while flying on a plane over Detroit. Through the painstaking efforts of Shepherd, Freeman and the entire team, they were able to track down these payments and pursue these four defendants across the globe. Additionally, Yahya Mohammad would later plot to kill a federal judge assigned his case and arranged for payments to a would-be hitman for the murder of the judge.
All four defendants were ultimately convicted and the leader, Yahya Mohammad, was sentenced to more than 27 years in prison.
Shepherd works in the U.S. Attorney’s Office in Cleveland while Freeman works in the U.S. Attorney’s Office in Toledo.
Rastetter was honored for his work on the Stark County Support initiative, which has led to a dramatic decrease in fatal overdoses, an increase in people being placed in drug treatment facilities and has been replicated throughout the region.
The Canton Police Department was grappling with the opioid epidemic in 2017 when it created the Stark Outreach Support initiative. Canton police put together a team consisting of a nurse, a social worker and a vice detective. The team created lists of all individuals who overdosed in the city and survived. Then the team visited each person offering services.
The police worked closely with local partners that provide drug rehab and recovery services, utilizing detox beds they made available for the effort. By the end of 2017, our non-fatal overdoses had decreased by 19 percent compared to 2016. Overdose deaths in Canton were reduced by over 55 percent compared to 2016. This came at a time when Ohio was experiencing a dramatic increase in drug overdose deaths.
Troy Man Sentenced to 20 Years in Prison for Creating Child Pornography of Young Girl, TeenRead the Press Release
DAYTON – Shawn Whitaker, 32, of Troy, Ohio, was sentenced in U.S. District Court to 240 months in prison for creating child pornography of a five-year-old and a 15-year-old.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, and Troy Police Chief Charles Phelps announced the sentence handed down today by U.S. District Judge Walter H. Rice.
According to court documents, from at least November 2016 until March 2017, Whitaker engaged in a sexual relationship with a 15-year-old female. Whitaker recorded their intercourse on his iPhone and also took multiple sexually explicit photographs of the minor.
Law enforcement officials searched Whitaker’s electronic devices as part of the investigation into the conduct involving this victim and discovered additional child pornography.
Further investigation revealed that, in October 2016, Whitaker had also created child pornography of a five-year-old girl. Investigators discovered 21 pictures of the victim in various states of undress and multiple close-up images of the girl nude. Whitaker took these photographs at his residence in Troy and instructed the girl how to pose for these pictures.
Whitaker pleaded guilty in November 2017 to two counts of producing child pornography.
U.S. Attorney Glassman commended the investigation of this case by the FBI and Troy Police Department, as well as Assistant United States Attorney Amy M. Smith, who is representing the United States in this case.
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Toledo man indicted for using firearm to rob bank and steal carRead the Press Release
A Toledo man with a prior conviction for robbery was indicted for using a firearm to rob a bank and steal a car this summer, as well for escape.
Don Woodson Ellis, 28, was indicted on two counts of brandishing a firearm during a crime of violence and one count each of carjacking, bank robbery, escape and being a felon in possession of firearm.
Keiva Johnson, 47, and Antoine Moore, 35, both of Toledo, were indicted on one count each of assisting escape.
Ellis on Aug. 13 used a fiream to carjack a 2004 Pontiac Grand Prix and to rob the Fifth Third Bank at 3428 Glendale Ave. in Toledo. He was prohibited from having a firearm because of a conviction in 2012 for bank robbery, according to the indictment.
Ellis escaped from custody in the Lucas County Corrections Center on Aug. 15. He was assisted by Johnson and Moore, 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 FBI and Toledo Police Department and is being handled by Assistant U.S. Attorney Matthew Simko.
An indictment is only a charge and is not evidence of guilt. The burden of proof is always on the government to prove a defendant is guilty beyond a reasonable doubt.
Texas men plead guilty to trafficking 10 kilograms of fentanylRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced today that two Texas men pleaded guilty to trafficking more than 10 kilograms of fentanyl through Louisiana.
Felipe Rodriguez, 22, of McAllen, Texas, and Brandon Montoya, 24, of Kaufman, Texas, pleaded guilty before Elizabeth E. Foote to one count of possession with intent to distribute fentanyl. According to the guilty plea, a Louisiana State Police trooper conducted a traffic stop May 10, 2018 on an SUV on Interstate-20 at mile marker 31 going eastbound. The trooper searched the vehicle and found a plastic bag containing an unknown substance. The vehicle was brought to Louisiana State Police Troop G headquarters. Upon a more thorough search, 10 plastic 1-kilogram bags containing fentanyl were found. The defendants admitted to transporting the drugs. They said they had been approached in Houston to travel to California to obtain the drugs. They were then instructed to drive to Atlanta, Georgia, where they would be paid for the delivery.
“Fentanyl kills, and drug dealers are selling this highly addictive drug at a growing rate,” Joseph stated. “The Department of Justice in collaboration with state and local law enforcement are fighting daily to limit the availability and spread of this deadly drug. This case alone involved enough fentanyl to kill everybody in the state of Louisiana. Through education of our youth and vigorous prosecution of those who traffic in synthetic opioids, my office is making the fight against this epidemic a top priority.”
“Fentanyl is the greatest and the most significant synthetic opioid threat to the United States, including here in Louisiana, where as little as 2 milligrams is a lethal dose,” said DEA Special Agent in Charge Stephen G. Azzam “The seizure in this investigation, which was 10 kilograms, saved countless lives – there was enough fentanyl to kill 5 million people. These convictions should send a message to all drug traffickers that DEA will continue to work with our law enforcement partners to aggressively pursue those who ruthlessly traffic this and other dangerous drugs.”
The defendants face up to 10 years to life in prison, at least five years of supervised release and a $10 million fine. The court set sentencing for January 31, 2019.
Fentanyl is a synthetic opioid. In recent years it has become more widely available in the United States and grown as a threat to public safety. It only takes a very small amount of fentanyl or its derivatives- which can be inhaled or absorbed through the skin or mucus membranes (such as being inhaled through the nose or mouth)- to result in severe adverse reactions including death. For more information about fentanyl, visit www.dea.gov/druginfo/fentanyl.
The DEA, Homeland Security Investigations and Louisiana State Police investigated the case. Assistant U.S. Attorney Tiffany E. Fields is prosecuting the case.
Tarrant County Man Guilty in East Texas Armed Bank RobberiesRead the Press Release
PLANO, Texas – A 58-year-old Fort Worth, Texas man has been found guilty of federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Wayne Alan Watson was found guilty of three counts of armed bank robbery today by a jury following a three-day trial before U.S. District Judge Marcia A. Crone.
According to information presented in court, Watson robbed three credit unions in the Eastern District of Texas: the City Credit Union located in Gainesville, Texas, on Oct. 16, 2017; the Altra Federal Credit Union located in Tyler, Texas, on Dec. 1, 2017; and the Texoma Educators Federal Credit Union in Denison, Texas, on Dec. 19, 2017. In each of the robberies, Watson displayed a gun and by force, violence, and intimidation robbed employees of the credit unions of currency. Additional robberies linked to Watson in Austin, Texas, and Wichita Falls, Texas, which occurred in January of 2018, led to his identification as the serial robber. A search warrant was executed at Watson’s residence in Fort Worth on Feb. 13, 2018, where the vehicle used in two of the robberies, a 2015 red Volkswagen Jetta, was located, in addition to several articles of clothing Watson wore in each of the robberies. Watson was indicted by a federal grand jury on Mar. 14, 2018 and charged in the Eastern District of Texas with federal violations.
Under federal statutes, Watson faces a maximum of 20 years in federal prison for each charge at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the Federal Bureau of Investigation, the Texas Department of Public Safety-Texas Rangers Division, Gainesville Police Department, Tyler Police Department, Denison Police Department, Austin Police Department, and the Wichita Falls Police Department. The case was prosecuted by Assistant U.S. Attorneys Lesley Davis Brooks and Maureen Smith.
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Tampa Woman Pleads Guilty to Bank Fraud ConspiracyRead the Press Release
Tampa, FL – Jamelah Y. Martinez (23, Tampa) today pleaded guilty to conspiracy to commit bank fraud. She faces a maximum penalty of 30 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, in 2016 and 2017, while working for Suncoast Credit Union, Martinez used her access to Suncoast customer accounts to steal account information. She then sold the information to a co-conspirator. Martinez’s co-conspirators used the stolen account information to fraudulently takeover the bank accounts. The conspirators deposited fraudulent checks into the victim accounts and then immediately transferred the fraudulently obtained funds to other co-conspirators, who maintained accounts at Suncoast. Once the fraudulent funds were received into the co-conspirators’ accounts, they were extracted via ATM withdrawals and debit card transactions. The co-conspirators shared in the proceeds.
The loss to Suncoast related to Martinez’s involvement in this scheme was $115,487.75. The investigation into Martinez’s co-conspirators is ongoing. One co-conspirator, Devin Williams, has pleaded guilty to conspiracy to commit bank fraud and is scheduled to be sentenced on December 4, 2018.
This case was investigated by the Federal Bureau of Investigation and the Federal Housing Finance Agency. It is being prosecuted by Assistant United States Attorney Mandy Riedel and Special Assistant United States Attorney Chris Poor.
Statement by Attorney General Sessions on the Election Security Executive OrderRead the Press Release
Attorney General Sessions today issued the following statement on the Election Security Executive Order:
“The American people will not tolerate attempts to undermine the integrity of our electoral process—especially by foreign countries and other bad actors. President Trump is committed to taking definitive action to prevent anyone—foreign or domestic—from illegally interfering in our elections, and the Department of Justice is proud to support him in this mission.
“Pursuant to the President’s executive order, the Department will work with our partners at the State Department, Treasury Department, and Department of Homeland Security, in order to identify enemies of our country who put our electoral integrity at risk. Once we do, we will take action to bring them to justice.
“I applaud President Trump’s leadership on this issue, and I want to echo the clear message he has sent today: we will not accept attacks on our free elections and we will do whatever it takes to protect them. This is what the American people demand, and this is what they deserve.”
St. Lucia Alien Sentenced for Improper Entry by an AlienRead the Press Release
St. Thomas, USVI – Isidore Isidore, 61, of St. Lucia, was sentenced today for Improper Entry by an Alien, United States Attorney Gretchen C.F. Shappert announced.
Magistrate Judge Ruth Miller sentenced Isidore to 4.5 months’ imprisonment. Judge Miller ordered Isidore to pay a $10 special assessment. An immigration detainer was placed on Isidore, and his prior order of removal will be reinstated. Isidore will be taken into custody of the Department of Homeland Security and removed to St. Lucia.
According to court documents, Customs and Border Protection agents encountered Isidore on a private vessel in St. John on April 28, 2018. On August 20, 2018, Isidore pleaded guilty to improper entry by an alien. Court documents showed that Isidore had been removed from the United States and was ordered not to reenter the United States without permission from the Attorney General or the Secretary of the Department of Homeland Security. Isidore improperly entered the United States by failing to appear at a designated port of entry and failing to have permission to enter the United States.
The case was investigated by Home Land Security Investigations and was prosecuted by Assistant U.S. Attorney David White.
St. Croix Man Sentenced for Possession of 9 mm Handgun with Obliterated Serial NumberRead the Press Release
St. Croix, USVI – Dale Ritter, 53, of St. Croix, was sentenced on September 13, 2018, in District Count on one federal count of Possession of a Firearm with Obliterated Serial Number, and one local count of Illegal Use of Utility Equipment, United States Attorney Gretchen C.F. Shappert announced.
Chief Judge Wilma A. Lewis sentenced Ritter to a prison sentence of twelve months and one day, to be followed by three years of supervised release, and imposed a $100 special assessment on the Possession of a Firearm with Obliterated Serial Number count. Additionally, Ritter was ordered to pay a $1,000 fine on the Illegal Use of Utility Equipment count.
Ritter previously pled guilty to the charges on March 23, 2018.
According to court documents, on July 21, 2017, the Drug Enforcement Administration (DEA) executed a search warrant at Ritter’s residence in Frederiksted, St. Croix. During the execution of this search warrant, DEA agents located a Taurus Millennium 9mm handgun with an obliterated serial number. This firearm was determined to be operable and had been shipped in interstate commerce. Additionally, agents located unauthorized electric wires running from a pole owned by WAPA that provided electricity to Ritter’s residence and a marijuana grow room.
The case was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Task Force Officers with the Virgin Islands Police Department. The case was prosecuted by Assistant United States Attorney Daniel H. Huston.
Southwest Honkeys Gang Member Sentenced to 25 Years in PrisonRead the Press Release
SPRINGFIELD, Mo. – A Southwest Honkeys gang member was sentenced to 25 years in prison today for operating a methamphetamine conspiracy from his prison cell.
Nathaniel R. Eisenhour, 30, of Springfield, Mo., was sentenced by U.S. District Judge M. Douglas Harpool to 25 years in federal prison without parole. Eisenhour was sentenced for participating in a conspiracy to distribute methamphetamine from Dec. 15, 2016, to April 20, 2017. Eisenhour was incarcerated in the custody of either the Greene County jail or the Missouri Department of Corrections for almost the entire period of the conspiracy.
Eisenhour, a member of the Southwest Honkeys prison gang, admitted that he communicated with associates while he was incarcerated to sell methamphetamine and to collect money for past drug debts.
Eisenhour was arrested on Dec. 21, 2015, on an outstanding parole violation warrant. Eisenhour, while incarcerated, instructed one of his associates to take the money from drug sales to a family member. On Jan. 30, 2017, federal agents seized $31,800 from the family member who was holding the money for Eisenhour. In a jail call, Eisenhour had previously authorized another family member to obtain $200 from that same stash. The total of $32,000, including the seized amount and the $200 that was removed before the seizure, represented approximately 2.2 kilograms in methamphetamine sales, based on the price Eisenhour discussed with one of the associates who distributed for him after his arrest.
This case was prosecuted by Special Assistant U.S. Attorney Josephine L. Stockard. It was investigated by the Springfield, Mo., Police Department, the Ozark, Mo., Police Department, the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Sixteen Indicted in Methamphetamine, Cocaine and Marijuana ConspiracyRead the Press Release
CHARLOTTE, N.C. – United States Attorney Andrew Murray announced today that 16 individuals are facing federal drug conspiracy charges for their involvement in a drug distribution ring. A federal criminal indictment was filed on August 23, 2018, and was unsealed today in federal court.
“The 16 individuals charged in the criminal indictment are alleged to have been part of a drug ring that distributed methamphetamine, cocaine and marijuana in Western North Carolina,” said U.S. Attorney Murray. “Working with our law enforcement partners, we will continue to investigate drug traffickers and dismantle drug networks that feed the deadly cycle of drug abuse, and jeopardize the safety and stability of our communities.”
Robert J. Murphy, Special Agent in Charge of the DEA Atlanta Field Division said, “All participating agencies played a crucial role in the eradication of this poly-drug distribution network. Their methamphetamine, cocaine and marijuana trafficking activities posed a threat to the quality of life in Western North Carolina. The dismantling of this organization makes the affected areas a safer place today. DEA thanks its federal, state and local law enforcement counterparts and the U.S. Attorney’s Office who had a direct impact in making this investigation a success.”
“ATF is proud to have been a part of a collaborative effort with our federal, state and local law enforcement partners. Today’s federal charges will dissolve this drug network, which will have a positive impact on the level of gun violence, violent crime and drug activity in the area,” said Wayne Dixie, Special Agent in Charge of ATF’s Charlotte Field Division.
According to allegations contained in the criminal indictment, from 2014 until August 2018, the defendants operated as a drug conspiracy responsible for trafficking methamphetamine, cocaine and marijuana in Western North Carolina, centered in and around Catawba County. The conspiracy extended well beyond North Carolina to Georgia, Texas, California, Illinois, Mexico and elsewhere, and involved the trafficking of multi-kilogram quantities of narcotics. The 16 defendants named in the indictment are all charged with conspiracy to distribute and to possess with intent to distribute methamphetamine, cocaine, and marijuana. Some of the defendants face additional offenses related to drug trafficking. Those named in the indictment are:
- Juan E. Villarreal, 28, of Hickory, N.C.
- Jesus Bedolla, 25, of Sweetwater, Tennessee
- Tommy Warren Boyett, 33, of New London, N.C.
- Joey Antoine Carroll, 32, of Lincolnton, N.C.
- Ricardo Cervantes-Sanchez, 39, of Hickory, N.C.
- Ivan Garcia-Arcos, 34, of Newton, N.C.
- Clayton Ismael Rivera-Trejo, 22, of Hickory, N.C.
- David Charles McIntosh, 37, of Conover, N.C.
- Manuel Bernarno Martinez, Jr., 33, of Alamo, Texas
- Ricky Joe Moses, 39, of Conover, N.C.
- Cindy Santillan, 25, of Taylorsville, N.C.
- Daniel Santillan, 36, of Hickory, N.C.
- Martin Vidal Santillan, 53, of Hickory, N.C.
- Rogelio Vidal Santillan, 51, of Hickory, N.C.
- Juan Manuel Villagomez, 29, of Hickory, N.C.
- Raymundo Villarreal, 21, of Newton, N.C.
McIntosh, Carroll, Juan Villarreal and Raymundo Villarreal are also charged with separate counts of distribution and possession with intent to distribute methamphetamine. Juan Villarreal and Raymundo Villlarreal face additional charges of attempt to possess with intent to distribute marijuana.
Each defendant in the indictment is facing a mandatory minimum sentence of 10 years in prison and a maximum of up to life in prison and a monetary fine of up to $10 million.
The charges contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
In making today’s announcement, U.S. Attorney Murray commended the work of the Drug Enforcement Administration with the assistance of the Federal Bureau of Investigation; the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Secret Service; the United States Probation Office; the North Carolina State Bureau of Investigation; the Catawba County Sheriff’s Office; the Alexander County Sheriff’s Office; the Hickory Police Department; the Newton Police Department; the Lincolnton Police Department; the Maiden Police Department; and the Cornelius Police Department. U.S. Attorney Murray also thanked the DEA’s offices in McAllen, Texas; Louisville, Kentucky; Indianapolis, Indiana; and Knoxville Tennessee, and the 9th Judicial Drug Task Force in Tennessee for their assistance in this case.
Assistant U.S. Attorney William Bozin of the U.S. Attorney’s Office in Charlotte is prosecuting the case.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.