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Thursday 26 July 2018
St. Francis Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on July 23, 2018, by U.S. District Judge Roberto A. Lange.
John Matthew Brave Hawk, age 20, was sentenced to 30 months in federal prison, 3 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Brave Hawk was indicted by a federal grand jury on January 17, 2018. He pled guilty on April 30, 2018.
The conviction stemmed from an incident on November 14, 2017, when Brave Hawk intentionally drove a vehicle towards a group of people, and struck one of the individuals which caused abrasions to their head, knees and hands.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Brave Hawk was immediately turned over to the custody of the U.S. Marshals Service.
South Florida Tire Retailer Sentenced to Prison for Excise Tax ConspiracyRead the Press Release
A Coral Springs, Florida, tire retailer was sentenced today in the Southern District of Florida for conspiracy to defraud the Government, announced U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida and Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
Nestor Bastidas, 53, of Coral Springs, was sentenced to 12 months and one day in prison for conspiring to impede and impair the Internal Revenue Service (IRS) with respect to excise taxes on tires.
According to documents and information provided to the court, Bastidas owned and operated The Fat Tires, Co., a tire retailer located in Coral Springs, Florida. Under federal law, tires marked for highway use are subject to federal excise tax. A tire importer is liable for the excise tax when the tires are sold. The importer typically passes on the cost of the excise tax to their customers and tire retailers. The law, however, provides for a refund of the excise tax if tires are exported overseas rather than sold domestically.
Bastidas purchased taxable tires from Banlu, Inc. and Banlu Tires, Inc., tire importers owned by co-conspirator Angel Gomez. Bastidas then purchased false bills of lading from International Trade-Logistics Services, Inc., a logistics company owned by another co-conspirator,Luis Gomez. The false bills of lading purported to show that the tires were exported offshore to the Dominican Republic and elsewhere. Both co‑conspirators knew, however, that Bastidas never exported tires. Bastidas gave Angel Gomez the false bills of lading, and Angel Gomez did not charge Bastidas the excise taxes due on the tires. Angel Gomez, then, filed with the IRS false Forms 720, Quarterly Federal Excise Tax Returns, which did not report the sale of the tires to Bastidas. Bastidas also purchased tires from, and submitted false bills of lading to, other tire importers from February 2013 through June 2016. Bastidas’ submission of false bills of lading caused a loss to the United States of approximately $335,000.
In addition to the term of imprisonment, U.S. District Court Chief Judge K. Michael Moore ordered Bastidas to serve three years of supervised release and pay $335,174 in restitution to the IRS.
Bastidas previously entered a guilty plea on April 25, 2018. Luis Gomez pleaded guilty to conspiring to defraud the Government on May 23, 2018 and is scheduled to be sentenced on August 8, 2018. Angel Gomez entered his guilty plea to the same conspiracy charge on June 13, 2018, and is scheduled to be sentenced on August 22, 2018.
U.S. Attorney Greenberg and Principal Deputy Assistant Attorney General Zuckerman commended the special agents of IRS-Criminal Investigation, who investigated the case, and Tax Division Trial Attorney Mara Strier, Tax Division Assistant Chief Greg Tortella, and Southern District of Florida Assistant U.S. Attorney Kevin Larsen, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
South Florida Tire Retailer Sentenced to Prison for Excise Tax ConspiracyRead the Press Release
WASHINGTON - A Coral Springs, Florida, tire retailer was sentenced today in the Southern District of Florida for conspiracy to defraud the Government, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida.
Nestor Bastidas, 53, of Coral Springs, was sentenced to 12 months and one day in prison for conspiring to impede and impair the Internal Revenue Service with respect to excise taxes on tires.
According to documents and information provided to the court, Bastidas owned and operated The Fat Tires, Co., a tire retailer located in Coral Springs, Florida. Under federal law, tires marked for highway use are subject to federal excise tax. A tire importer is liable for the excise tax when the tires are sold. The importer typically passes on the cost of the excise tax to their customers and tire retailers. The law, however, provides for a refund of the excise tax if tires are exported overseas rather than sold domestically.
Bastidas purchased taxable tires from Banlu, Inc. and Banlu Tires, Inc., tire importers owned by co-conspirator Angel Gomez. Bastidas then purchased false bills of lading from International Trade-Logistics Services, Inc., a logistics company owned by another co-conspirator,Luis Gomez. The false bills of lading purported to show that the tires were exported offshore to the Dominican Republic and elsewhere. Both co‑conspirators knew, however, that Bastidas never exported tires. Bastidas gave Angel Gomez the false bills of lading, and Angel Gomez did not charge Bastidas the excise taxes due on the tires. Angel Gomez, then, filed with the IRS false Forms 720, Quarterly Federal Excise Tax Returns, which did not report the sale of the tires to Bastidas. Bastidas also purchased tires from, and submitted false bills of lading to, other tire importers from February 2013 through June 2016. Bastidas’ submission of false bills of lading caused a loss to the United States of approximately $335,000.
In addition to the term of imprisonment, U.S. District Court Chief Judge K. Michael Moore ordered Bastidas to serve three years of supervised release and pay $335,174 in restitution to the IRS.
Bastidas previously entered a guilty plea on April 25, 2018. Luis Gomez pleaded guilty to conspiring to defraud the Government on May 23, 2018 and is scheduled to be sentenced on August 8, 2018. Angel Gomez entered his guilty plea to the same conspiracy charge on June 13, 2018, and is scheduled to be sentenced on August 22, 2018.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Greenberg commended special agents of IRS-Criminal Investigation, who investigated the case, and Tax Division Trial Attorney Mara Strier, Tax Division Assistant Chief Greg Tortella, and Assistant U.S. Attorney Kevin Larsen, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Sorensen Gross Construction Co. and Corporate Vice President Khalil Saab to Pay $2.481 Million to Settle Claims Related to USAID Aqaba Schools ProjectRead the Press Release
The Justice Department announced today that Sorensen Gross Construction Company (Sorensen) and its corporate vice president, Khalil Saab, have agreed to pay $2.481 million to resolve allegations that they submitted false claims for payment under a construction contract funded by the United States Agency for International Development (USAID).
“Contractors who misrepresent their eligibility for government contracts undermine the government procurement process,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “The Justice Department will take action to protect that process, including safeguards designed to create American jobs.”
The settlement announced today resolves allegations related to a contract between Sorensen, a Michigan-based U.S. company, and the Jordan Government’s Ministry of Public Works and Housing (Ministry) for a project to build or renovate 16 schools in Aqaba, Jordan (Aqaba Project) that was financed by USAID. In addition to funding the Aqaba Project, USAID approved the solicitation for bids, prequalified bidders, and approved the selection of Sorensen as the prime contractor and the terms of its contract with the Ministry. Pursuant to the contract, Sorensen could not subcontract more than 50 percent of the work on the Aqaba Project, and any subcontract valued at more than $100,000 had to be preapproved by USAID and the Ministry. In addition, the contract limited subcontracts with Jordanian companies to $5 million.
The United States contends that Sorensen subcontracted almost the entirety of the work on the Aqaba Project to a local Jordanian company, Concorde, in violation of the contract terms. The United States further contends that Sorensen and Mr. Saab falsely certified that Sorensen was performing work under the contract and that Sorensen invoiced USAID for work performed by Concorde. Sorensen then transferred payments it received from USAID to Concorde for the work that Concorde performed.
“USAID OIG remains committed to helping protect U.S. government investments in overseas development projects,” said USAID Inspector General Ann Calvaresi Barr. “Complying with project specifications is not enough, if contracts are not awarded fairly and for a reasonable, competitive price. Arrangements hidden from USAID regarding actual subcontracting percentages disadvantage the U.S. taxpayer as well as project beneficiaries. We thank the DOJ Civil Fraud Section for partnering with us to ensure this violation was properly addressed.”
This case was handled by the Justice Department’s Civil Division, Commercial Litigation Branch, and the USAID, Office of Inspector General. The claims settled in this case are allegations only; there has been no determination of liability.
Six Members of Saint Paul Street Gang “HAM Crazy” Sentenced for Federal Firearms ConspiracyRead the Press Release
United States Attorney Erica H. MacDonald announced the sentencing of six members of a Saint Paul street gang, known as the HAM Crazy, for conspiring to illegally possess firearms. MARVELL VOSHON JEFFERSON, 24, SHELBY DELANE ASHFORD, JR., 24, CASEY JEMAR DAVIS, 24, PHILLIP DWAYNE JACKSON, 23, NAKIA MARQUIRE MARTIN, 25, and PIERRE CORTEZ JENKINS, 23, have been sentenced to prison by Senior Judge Ann D. Montgomery in U.S. District Court in Minneapolis, Minnesota. A seventh defendant, CARMELO MANUEL MARRERO, 23, has pleaded guilty to conspiracy and will be sentenced at a later date. All seven defendants either had prior felony convictions or were otherwise prohibited from legally possessing firearms or ammunition.
“Keeping our neighborhoods, communities and families safe from gun and gang violence is a top priority for the Department and for my office,” said United States Attorney Erica MacDonald. “As this case demonstrates, our concerted effort to keep guns out of the hands of criminals is ongoing. By leveraging the strong relationships we have with our federal, state and local law enforcement partners, we will remain steadfast in our duty to keep communities safe.”
“It’s unfortunate all of the violence these individuals have inflicted on St. Paul, but justice prevails,” said ATF Assistant Special Agent in Charge Kirk Howard of the St. Paul Field Division. “St. Paul Police Chief Axtell made it very clear that firearm violence will not be tolerated, and we stand united with them to end the cycle of gang and firearm-related violent crime in this city.”
Saint Paul Police Chief Todd Axtell said, “Saint Paul is a safer place today, thanks to the incredibly hard work and collaboration of our police officers, agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and our other partners. Together, we have made it clear that settling disagreements through gun violence is not welcome in our city—and we will use all available resources to hold accountable those who do engage in these types of activities.”
Since at least January 2014, the defendants maintained active membership in the street gang known as the HAM Crazy. The main purpose of the HAM Crazy gang was to preserve and protect their territory, power, status, and reputation, primarily on the Eastside of Saint Paul, through the use of violence and intimidation against rival Saint Paul gangs, such as the Hit Squad.
According to the defendants’ guilty pleas and documents filed in court, since at least January 2014, the HAM Crazy gang has been in an ongoing gang war with several rival gangs, including the Hit Squad. This gang war has resulted in gang members on both sides of the rivalry being shot and/or killed and has endangered the lives and safety of innocent bystanders and the community because many of the shootings occurred in public venues. HAM Crazy members and rival gang members often used social media platforms, such as Facebook, YouTube, and Snapchat, as a means through which to disrespect, intimidate, and threaten rivals by memorializing their brandishing of firearms, displaying of money, throwing of gang signs, and publishing of rap videos containing explicit and implicit threats against rivals.
According to the defendants’ guilty pleas and documents filed in court, due to the ongoing gang war and the need for firearms to conduct some of their gang-related activity, between January 2014 and December 2017, the defendants conspired to illegally obtain and jointly possess at least 12 firearms, including some with obliterated serial numbers, that were stolen, and/or that had high-capacity magazines. The defendants and other HAM Crazy members also attempted to buy, sell, trade, and obtain firearms through social media.
This case is the result of a joint investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Saint Paul Police Department, and the Minnesota Department of Corrections. This case was brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state and local law enforcement to specifically target and combat gun and gang crimes.
Assistant U.S. Attorneys Benjamin Bejar and Thomas Calhoun-Lopez are prosecuting the case.
Defendants’ Information:
MARVELL VOSHON JEFFERSON, a/k/a “Vo,” a/k/a “Lil Vo,” 24
Saint Paul, Minn.
Convicted:
- Conspiracy – Felon in possession of a firearm, 1 count
Sentenced:
- 60 months in prison
- Three years of supervised release
SHELBY DELANE ASHFORD, JR., a/k/a “Two Times,” 24
Columbia Heights, Minn.Convicted:
- Conspiracy – Felon in possession of a firearm, 1 count
Sentenced:
- 58 months in prison
- Three years of supervised release
CASEY JEMAR DAVIS, a/k/a “Casey Jermar Davis,” a/k/a “K Chop,” 24
Saint Paul, Minn.Convicted:
- Conspiracy – Felon in possession of a firearm, 1 count
Sentenced:
- 50 months in prison
- Three years of supervised release
PHILLIP DWAYNE JACKSON, a/k/a “Go,” a/k/a “Kid Go,” 23
Lino Lakes, Minn.
Convicted:- Conspiracy – Felon in possession of a firearm, 1 count
Sentenced:
- 60 months in prison
- Three years of supervised release
NAKIA MARQUIRE MARTIN, a/k/a “Nakia Marquette Martin,” a/k/a “Freaky,” a/k/a “Freaky Nick,” 25
Moose Lake, Minn.
Convicted:
- Conspiracy – Felon in possession of a firearm, 1 count
Sentenced:
- 55 months in prison
- Three years of supervised release
PIERRE CORTEZ JENKINS, 23, a/k/a “Pistol,” 23
Minneapolis, Minn.
Convicted:
- Conspiracy – Felon in possession of a firearm, 1 count
Sentenced:
- 48 months in prison
- Three years of supervised release
CARMELO MANUEL MARRERO, a/k/a “Melo,” a/k/a “Mello,” 23
Maplewood, Minn.
Convicted:
- Conspiracy – Felon in possession of a firearm, 1 count
Shelby County Man Sentenced to Life (Plus Ten Years) in Prison for Sexually Abusing and Exploiting Infant, Toddler and TeensRead the Press Release
DAYTON – Robert Steven Jones, 30, of Anna, Ohio, was sentenced to life (plus 10 years) in prison for sexually exploiting minors, including an infant, a seven-year-old girl and numerous teenage girls.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the sentence imposed today by Senior U.S. District Judge Thomas M. Rose.
According to court documents, while living in Illinois in 2013, Jones recorded himself masturbating and committing other sexual acts on and with a seven-month-old infant. The nearly five-minute video also depicts Jones engaging in acts of physical violence with the baby – including slapping, punching, shaking, restraining and suffocating the infant.
In the same week, Jones recorded a second video, this one approximately 10 minutes in length. This video further depicts Jones holding the baby up to the camera while smothering and choking the infant to such an extent that the baby slowly became limp and turned a blueish color, apparently unconscious.
In addition to making comments such as “You want to see a baby pass the f*** out?,” and “That’s a dead baby, that’s a dead f****** baby, yeah, dead f****** baby,” Jones struck and threw the baby. The baby survived.
In June 2014, Jones moved to Ohio, residing in Sidney, Piqua and later Anna.
In August 2015, law enforcement officers discovered the videos on Jones’s cell phone while executing a search warrant at his home.
In addition to the charged offenses, Jones admitted to molesting a seven-year-old female at his residence in Ohio on at least two occasions in July 2015, and to producing two videos of the conduct on his cell phone.
Additionally, Jones met with and/or communicated with numerous other victims, aged 13 years to 16 years, for the purpose of engaging in prohibited sexual acts and creating child pornography. This included victims living in other states such as New York and Tennessee.
“Jones’s crimes are among the most horrific, abhorrent, and disturbing crimes that a human being could commit,” U.S. Attorney Glassman said. “The United States does not take lightly advocating for life in prison, but Jones’s conduct and risk of recidivism warrant that sentence.”
Jones was arrested on November 4, 2015 by criminal complaint, and he has remained in custody since. He was indicted by a federal grand jury in February 2016.
Jones pleaded guilty in September 2017 to eight counts of production of child pornography, two counts of coercion and enticement of a minor, and one count of commission of a felony offense involving a minor while being registered as a sex offender. This last count carries with it a statutorily mandated 10-year sentence, which must be imposed consecutive to any other sentence.
Prior to his guilty pleas, Jones sought unsuccessfully to suppress all of the evidence against him due to the FBI’s use of a “Network Investigative Technique,” which had initially led investigators to Jones as a user of a child pornography website on the “dark web.” As a result of that initial lead and subsequent search warrants, FBI agents uncovered evidence of additional crimes, including the hands-on offenses to which Jones pleaded guilty.
Since pleading guilty, Jones has attempted to withdraw his guilty plea on two occasions, both of which were denied by the court.
This case resulted from the national FBI investigation “Operation Pacifier” which involved the takedown of a “dark web” site dedicated to child pornography. Agents uncovered IP addresses and other information that helped locate and identify users of the child pornography website. Investigators sent more than 1,000 leads to FBI field offices in every state in the country and thousands more to oversees partners.
As a result of the investigation, at least 350 U.S.-based individuals have been arrested, 25 producers of child pornography have been prosecuted, 51 alleged hands-on abusers have been prosecuted, and 55 American children who were subjected to sexual abuse have been successfully identified or rescued.
“Let’s be clear. Jones was apprehended and brought to justice because the FBI, with court authorization, was able to use the same kind of advanced technology to investigate the offense that criminals use to commit their crimes or evade detection.” Glassman said. “When we debate the impact of law enforcement investigations on internet privacy, these are the stakes.”
U.S. Attorney Glassman commended the investigation of this case by the FBI, as well as First Assistant United States Attorney Vipal J. Patel and Assistant United States Attorney Amy M. Smith, who are prosecuting the case.
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Sacramento Man Charged with Possession of a Firearm in Furtherance of a Drug Trafficking OffenseRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a four-count indictment today against David Donald Savage, 44, of Sacramento, charging him with possession with intent to distribute methamphetamine and heroin and possession of a firearm in furtherance of a drug trafficking offense, U.S. Attorney McGregor W. Scott announced.
According to court documents, Savage was arrested after a search of his vehicle revealed a backpack containing a loaded .45-caliber Springfield XD pistol, 120 grams of methamphetamine, 30 grams of heroin, and a scale.
This case is the product of an investigation by the Bureau of Alcohol Tobacco, Firearms, and Explosives, Sacramento County Sheriff’s Department, and Sacramento County District Attorney’s Office. Assistant U.S. Attorneys Quinn Hochhalter and Justin Lee are prosecuting the case.
If convicted, Savage faces a maximum statutory penalty of life in prison and a $1 million fine. Any sentence, however, would 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. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Sacramento Man Charged with Possession of Machine Guns and MethamphetamineRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a four-count indictment today against Russell Valenzuela, 42, of Sacramento, charging him with unlawful possession of unregistered firearms, prohibited possession of a firearm, and possession with intent to distribute methamphetamine, U.S. Attorney McGregor W. Scott announced.
According to court documents, Valenzuela was found to be in possession of two fully automatic submachine guns and 55 grams of methamphetamine following a search of the house where he was residing.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Sacramento Sheriff’s Department, and the Sacramento County District Attorney’s Office. Assistant U.S. Attorneys Quinn Hochhalter and Justin Lee are prosecuting the case.
If convicted, Valenzuela faces a maximum statutory penalty of 20 years in prison and a $1 million fine. Any sentence, however, would 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. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Roseville Man Indicted for Child Exploitation and Distribution of Child PornographyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a three-count indictment today against Brian Baptiste Formiconi, 39, of Roseville, charging him with sexual exploitation of a child, distribution of child pornography, and possession of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, the Royal Canadian Mounted Police investigated a series of groups of users who were trading child pornography using Kik Messenger. Eventually, it was discovered that a user, whose account was traced to Roseville, was trading child pornography with at least three members of these groups. Further investigation lead to a search warrant for Formiconi’s home. During the search, at least one child pornography video was found on a laptop in the home.
This case is the product of an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) with assistance from the Royal Canadian Mounted Police. Assistant U.S. Attorneys Audrey Hemesath and Roger Yang are prosecuting the case.
If convicted, Formiconi faces a maximum statutory penalty of 30 years in prison and a $250,000 fine. Any sentence, however, would 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. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
R.I. Attorney Indicted on Fraud, ID Theft, Pension Plan Theft ChargesRead the Press Release
PROVIDENCE, RI – A federal grand jury in Providence today returned a 12-count indictment charging a Rhode Island attorney with wire fraud, aggravated identity theft and theft from an employee pension plan, alleging that the attorney continued to collect a client’s pensions for nearly 12 years after the client passed away.
It is alleged in the indictment that Oleg Nikolyszyn, 63, of North Smithfield, used the identity of a former City of Providence employee and member of the Laborers’ International Union of North America (LIUNA) after he died and collected more than $234,000 in monthly pension payments in that person’s name.
The indictment charges Nikolyszyn with eight counts of mail fraud, three counts of aggravated identity theft and one count of theft from an employee benefit or pension fund.
According to the indictment, it is alleged that in May 2000, a former City of Providence employee and LIUNA member hired Nikolyszyn as his attorney, and executed a power of attorney that authorized Nikolyszyn to take certain acts on his behalf. Those actions included receiving monies owed to him and signing and depositing checks payable to him.
According to the indictment, in August 2000, the former Providence employee and LIUNA member moved to Poland. Nikolyszyn later instructed both the City of Providence and LIUNA to send the monthly pension payments to his office. The employee died on November 12, 2003.
It is alleged in the indictment that Nikolyszyn continued to receive monthly pension payments in his client’s name, which he deposited into a bank account in the name of both himself and his former client. It is alleged that Nikolyszyn converted the funds to his personal use by transferring the funds into his own personal bank accounts. It is alleged in the indictment that Nikolyszyn collected $173,597.68 in payments from the City of Providence Employee’s Retirement System and $60,989 from the LIUNA Pension Fund in the name of his former client.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The indictment of Oleg Nikolyszyn is announced by United States Attorney Stephen G. Dambruch, Michael C. Mikulka, Special Agent in Charge of the New York Region of the Department of Labor - Office of Labor Racketeering and Fraud Investigations, Carol S. Hamilton, Acting Regional Manager, U.S. Department of Labor Employee Benefits Security Administration, Rhode Island Attorney General Peter F. Kilmartin, Rhode Island State Police Superintendent Colonel Ann C. Assumpico, and Homeland Security Investigations Special Agent in Charge Peter C. Fitzhugh.
The case is being prosecuted by Assistant U.S. Attorney Denise M. Barton.
The matter was investigated by the United States Attorney’s Office, U.S. Department of Labor - Office of Labor Racketeering and Fraud Investigations, U.S. Department of Labor Employee Benefits Security Administration, Rhode Island Department of the Attorney General, Rhode Island State Police, and Homeland Security Investigations.
United States Attorney Stephen G. Dambruch acknowledges and thanks the Rhode Island Supreme Court Office of Disciplinary Counsel for their assistance in the investigation of this matter.
Oleg Nikolyszyn was suspended from the practice of law in Rhode Island by the Rhode Island Supreme Court on December 1, 2016, after an investigation by its Office of Disciplinary Counsel.
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Previously Convicted Felon Indicted for Firearms CrimeRead the Press Release
NORFOLK, Va. – A federal grand jury returned an indictment yesterday charging a Norfolk man with being a felon in possession of a firearm.
According to allegations in the indictment, Earlon Mitchell, 29, is a convicted felon who illegally possessed a Kel-Tec 9mm Luger caliber semi-automatic handgun. On March 29, two Norfolk police officers approached Mitchell with the intent to arrest him on outstanding arrest warrants, but he tried to flee. After a struggle, the officers detained him and found the loaded Kel-Tec handgun in his pant leg.
If convicted, Mitchell faces a maximum penalty of 10 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Thomas L. Chittum, III, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, and Larry D. Boone, Chief of Norfolk Police, made the announcement. Assistant U.S. Attorney William B. Jackson is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-117.
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.
Pollock woman pleads guilty to stealing more than $110,000 of her deceased mother’s veterans benefitsRead the Press Release
ALEXANDRIA, La. – United States Attorney David C. Joseph announced that a Pollock woman pleaded guilty Tuesday to stealing more than $114,000 in Veteran’s Affairs (VA) disability benefits.
Elizabeth Marion Poole, 44, of Pollock, Louisiana, pleaded guilty before U.S. District Judge Dee. D. Drell to one count of theft of money belonging to the Department of Veteran’s Affairs. An agent from the VA, Office of Inspector General, provided summary testimony during the guilty plea hearing as the factual basis for the guilty plea. The agent testified that Poole’s mother died in September of 2007, while receiving VA benefits as the surviving widow of a U.S. Navy veteran who had retired with a 100 percent service-related disability. Poole did not notify the VA of her mother’s death, and the VA continued to send monthly benefit payments to Poole’s mother by direct deposits into a joint account that Poole held with her mother. Poole received and spent the monthly VA payments after her mother died in 2007 until June of 2013. She received approximately $114,210 in VA benefit payments that she was not entitled to.
Poole faces up to 10 years in prison, three years of supervised release, a $250,000 fine, and restitution. The court set the sentencing date for November 19, 2018.
The Veterans Affairs, Office of Inspector General, conducted the investigation. Assistant U.S. Attorney Joseph T. Mickel is prosecuting the case.
Pollock prisoner pleads guilty to possessing an improvised knifeRead the Press Release
ALEXANDRIA, La. – United States Attorney David C. Joseph announced that a Pollock prisoner pleaded guilty Monday to possessing an improvised weapon.
Jihad Chase, 36, an inmate at U.S. Penitentiary in Pollock, Louisiana, pleaded guilty before U.S. District Judge Dee. D. Drell to one count of possessing contraband in prison. According to the guilty plea, Chase was found in possession of an improvised weapon, commonly referred to as a “shank,” on April 25, 2017 while at the U.S. Penitentiary in Pollock. The weapon in Chase’s possession was an object, sharpened to a point, approximately 6.5 inches in length, and prohibited on prison grounds.
Chase faces up to five years in prison, three years of supervised release and a $250,000 fine. The court set the sentencing date for October 16, 2018.
The FBI and U.S. Bureau of Prisons conducted the investigation. Assistant U.S. Attorney Forrest T. Phillips is prosecuting the case.
Pittsburgh Man Admits Robbing the Dollar General and PNC Bank in WilkinsburgRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to charges of bank robbery and Hobbs Act robbery, United States Attorney Scott W. Brady announced today.
Lamont Gates, age 64, pleaded guilty to two counts before United States District Court Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that on October 5, 2017, armed with a knife, Gates robbed the Dollar General store located on Penn Ave. in Wilkinsburg. Gates took approximately $310 before fleeing the store. One week later, on October 12, 2017, Gates entered the PNC Bank, also on Penn Avenue, and advised the teller that it was a stick-up. He demanded $20 bills. Gates reached through the metal bars on the teller counter in an attempt to grab either the teller or money. He then threatened to blow the teller’s head off and reached for an object with a black handle in his back pocket. The teller gave Gates approximately $2,060, including bait money.
A few minutes later, Gates was observed in the parking lot of the beer distributor one block away from the PNC Bank. After a brief chase, officers arrested Gates. Officers recovered $1,940.00 (in $20 bills) from Gates. It appears that he had already purchased a few items from the beer distributor. No weapons were recovered. Gates confessed to the Dollar General robbery.
Judge Schwab scheduled sentencing for December 10, 2018. The law provides for a maximum total sentence of 20 years in prison, a fine of $250,000.00, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Judge Schwab ordered that Gates remain detained pending sentencing.
Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Wilkinsburg Police Department conducted the investigation leading to the Indictment in this case.
Ohio Teen Participated in Counterfeit Check Scheme Targeting East Coast CasinosRead the Press Release
PITTSBURGH, PA – A resident of Columbus, Ohio, pleaded guilty in federal court to a charge of conspiracy, United States Attorney Scott W. Brady announced today.
Kristina Marie Arnold, 19, pleaded guilty yesterday to one count before United States District Judge Nora Barry Fischer.
In connection with the guilty plea, between May, 2014 through October, 2017, Arnold and others negotiated counterfeit checks at Casinos throughout the east coast using false identification documents produced with the names of real persons, including at casinos in Western Pennsylvania such as at Presque Isle and the Rivers.
Judge Fischer scheduled the sentencing for December 7, 2018 at 11 a.m. The law provides for a maximum sentence of 5 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
Agents from Homeland Security Investigations and the Pennsylvania State Police conducted the investigation led to the prosecution of Kristina Marie Arnold.
Ocala Illegal Alien Sentenced to 17 Years in Prison for Federal Drug, Gun, and Immigration CrimesRead the Press Release
Ocala, Florida – Senior U.S. District Judge James D. Whittemore today sentenced Gilberto Astudillo Carbajal (34, Ocala) to 17 years in federal prison for conspiracy to possess with the intent to distribute 500 grams or more of methamphetamine, possession of a firearm in furtherance of a drug trafficking offense, illegal re-entry into the United States after a prior deportation or removal, and possession of a firearm by an illegal alien. Astudillo Carbajal had pleaded guilty on February 1, 2018.
According to court documents, on May 24, 2017, in a parking lot in Ocala, Carbajal’s co-defendant, Simon Rodriguez-Flores (48, Ocala), sold a cooperating witness approximately 4 ounces of crystal methamphetamine. On June 2, 2017, at the same location, Rodriguez-Flores delivered 2 kilograms of crystal methamphetamine to the same cooperating witness and was arrested by agents from the Drug Enforcement Administration. The agents also detained Tirso Hernandez-Astudillo (35, Ocala), who was a passenger in Rodriguez’s car.
Immediately after the arrest, a search warrant was executed at a residence on in Ocala that Hernandez-Astudillo shared with Carbajal. Upon entering the home, law enforcement officers observed Carbajal backing away from the front door and reaching backwards toward a kitchen counter. On the counter, officers discovered a loaded 9 mm pistol, which was later determined to belong to Carbajal. Also recovered from the home were items used in the manufacture and packaging of crystal methamphetamine.
From another residence across the street, where Hernandez-Astudillo had been observed earlier in the day, agents recovered a suspicious package containing approximately one kilogram of an undetermined powdery substance, later analyzed and determined to contain fentanyl.
According to court records, Carbajal also previously had been convicted for illegally reentering the United States at the time of his arrest on June 2, 2017. Carbajal was a citizen of Mexico and was in the United States illegally. He had been deported and removed from the United States to Mexico on three prior occasions.
On May 24, 2018, Sr. Judge Whittemore sentenced Tirso Hernandez-Astudillo (35, Ocala) to 20 years in federal prison following guilty verdicts by a federal jury on felony drug charges. On the same date, Simon Rodriguez-Flores (48, Ocala) was sentenced to 11 years’ imprisonment for his role in the drug conspiracy. Rodriguez-Flores and Hernandez-Astudillo were also in the United States illegally.
This case was investigated by the Gainesville Resident Office of the Drug Enforcement Administration, assisted by task force officers from the Gainesville Police Department, the Alachua County Sheriff’s Office, the Ocala Police Department, the Levy County Sheriff’s Office, and the Union County Sheriff’s Office. The Marion County Unified Drug Enforcement Strike Team assisted in the execution of the search warrant and the arrests. It was prosecuted by Assistant United States Attorney Dale R. Campion.
North Carolina Man Sentenced to over 15 Years’ Imprisonment for Possession with Intent to Distribute HeroinRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Alshaqah Tariq Powell, age 45, of North Carolina, was sentenced to 188 months’ imprisonment and five years’ supervised release by United States District Court Judge Yvette Kane for possession with intent to distribute heroin.
According to the United States Attorney David J. Freed, on November 3, 2015, Powell was traveling from North Carolina through Dauphin County on Interstate 81 when he was involved in a traffic stop by a Pennsylvania State Police trooper, leading to his arrest and the discovery of over 15,000 individual bags of heroin in his trunk. The heroin had an approximate street value of between $40,000 and $120,000.
This matter was investigated by the Pennsylvania State Police and the Drug Enforcement Agency. Assistant U.S. Attorney Chelsea Schinnour prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin and other opioids. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin and opioid traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Norfolk Man Indicted for Armed Robbery of Firearms DealerRead the Press Release
NORFOLK, Va. – A federal grand jury returned an indictment yesterday charging a Norfolk man with armed robbery.
According to allegations in the indictment, Desmond Littlejohn, 32, along with a co-conspirator, conducted an armed robbery of Mac’s Reload, a federal firearm licensee located in Virginia Beach. The robbers threatened the owner and an employee by pointing firearms at them while demanding money and eventually took approximately $9000.
Littlejohn is charged with robbery of a federal firearm licensee, and use of a firearm during a robbery. If convicted, he faces a mandatory minimum term of seven years in prison and a maximum term of life. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Thomas L. Chittum, III, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement. Assistant U.S. Attorney William D. Muhr is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-119.
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.
Ninth Circuit Invalidates “Midco” Tax ShelterRead the Press Release
The Court of Appeals for the Ninth Circuit upheld the IRS’s assertion of transferee liability against the former shareholders of a closely held corporation who participated in a so-called “Midco” transaction, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman and Deputy Assistant Attorney General Travis A. Greaves of the Justice Department’s Tax Division.
In a Midco transaction, the shareholders of a closely held corporation owning appreciated assets seek to “cash out” without bearing the full tax burden resulting from the conversion of the assets to cash. They do so by purporting to sell their stock to a Midco promoter for an amount far greater than the after-tax value of the corporation, based on the promoter’s professed ability to eliminate the corporation’s taxable gain resulting from the asset sale. But the promoter’s gain-elimination strategy is false, and by the time the IRS discovers the ploy, the corporation no longer has any assets.
In Slone v. Commissioner, the IRS sought to collect the corporation’s unpaid tax from the former (selling) shareholders as the deemed recipients of a fraudulent transfer by the corporation, arguing that the stock sale should be disregarded and the transaction recharacterized as, in substance, a liquidating distribution by the corporation to the former shareholders. The Ninth Circuit, reversing the U.S. Tax Court, agreed with the IRS’s characterization of the substance of the transaction and held that such substance controls for purposes of both federal tax law and the applicable (Arizona) fraudulent-transfer law.
Principal Deputy Assistant Attorney General Zuckerman and Deputy Assistant Attorney General Greaves thanked Tax Division attorneys Francesca Ugolini and Arthur Catterall, who handled the case on appeal for the government.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
New Orleans Woman Sentenced for Assaulting Postal WorkerRead the Press Release
U.S. Attorney Duane A. Evans announced that ANITRA SMITH, age 38, a resident of New Orleans, was sentenced today after previously pleading guilty to one count of misdemeanor assault of a federal employee, in violation of Title 18, United States Code, Section 111(a).
U.S. District Judge Nannette Jolivette Brown sentenced SMITH to a term of probation of two years, the first six months of which are to be served in home detention, and a $25 mandatory special assessment.
According to court documents, SMITH exchanged words with a letter carrier after the letter carrier delivered mail to SMITH’S address. Later, SMITH drove to the block where the letter carrier was delivering mail to a different address. SMITH exited her vehicle and approached the letter carrier with an aluminum baseball bat. SMITH and the letter carrier were standing a distance away from each other. SMITH threatened the letter carrier with the baseball bat. A neighbor intervened and SMITH went back to her car and drove home.
U.S. Attorney Evans praised the work of the United States Postal Inspection Service in investigating this matter. Assistant United States Attorney J. Ryan McLaren was in charge of the prosecution.
New Jersey Man Sentenced for Role in Counterfeit Credit Card SchemeRead the Press Release
PITTSBURGH, PA – A New Jersey resident has been sentenced in federal court to five months incarceration, five months home detention, and three years supervised release and was ordered to pay restitution in the amount of $109,485.26 on his conviction of conspiracy, United States Attorney Scott W. Brady announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Isaac L. Johnson, 30, of Jersey City, NJ.
According to the information presented to the court, in June, 2016, Isaac L. Johnson and conspirators used counterfeit credit cards at multiple stores in Western Pennsylvania to purchase gift cards and merchandise.
Assistant United States Attorney Gregory C. Melucci prosecuted this case on behalf of the government.
Agents from Homeland Security Investigations along with the United States Postal Inspection Service, who, as part of the Western Pennsylvania Financial Crimes Task Force (WPFCTF), conducted the investigation that led to the successful prosecution of this defendant. The WPFCTF was established as a collaborative, multi-agency effort to effectively combat financial crimes, including identity fraud, in Western Pennsylvania. Partnering in this effort are the United States Attorney's Office for the Western District of Pennsylvania, the United States Secret Service, the United States Postal Inspection Service, the Department of Homeland Security, the Allegheny County District Attorney's Office, the Allegheny County Police Department, the City of Pittsburgh Bureau of Police, the Pennsylvania State Police, and the Robinson Township Police Department.
Navajo Man from Pine Hill, N.M., Pleads Guilty to Federal Child Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – Asa Jake, 40, an enrolled member of the Navajo Nation who resides in Pine Hill, N.M., pled guilty today in federal court in Albuquerque, N.M., to child sexual abuse charges. Jake’s plea agreement recommends a 15-year prison sentence followed by a term of supervised release to be determined by the court. He also will be required to register as a sex offender.
Jake was arrested on April 25, 2018, on an eight-count indictment charging him with sexually abusing a child under the age of 12 between Nov. 2013 and Dec. 2015. The indictment alleged that Jake committed two acts of abusive sexual contact between Aug. 2015 and Dec. 2015, and six acts of aggravated sexual abuse between Nov. 2013 and Dec. 2015. According to the indictment, Jake committed the crimes on the Navajo Indian Reservation in McKinley County, N.M.
During today’s proceedings, Jake pled guilty to two counts of abusive sexual contact. In entering the guilty plea, Jake admitted sexually abusing the child, who was under the age of 12, on two separate occasions between Aug. 2015 and Dec. 2015, at a location on the Navajo Indian Reservation.
Jake has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Ramah Navajo Tribal Police Department. Assistant U.S. Attorney Elisa C. Dimas is prosecuting this case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Mustang Man Sentenced to Seven Years in Prison for Mail Theft and Forged ChecksRead the Press Release
OKLAHOMA CITY – LLOYD WAYNE TILLMAN, 38, of Mustang, Oklahoma, was sentenced today to seven years in prison for mail theft and forged checks, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
On May 7, 2018, Tillman pleaded guilty to 32 counts of mail theft and forged check offenses before U.S. District Judge David L. Russell. Tillman had stolen mail out of Oklahoma City-area residents’ mail boxes, removed checks from the envelopes, altered them, and cashed (or attempted to cash) them at area banks. Law enforcement officials arrested Tillman in Texas after he led them on a high-speed chase; he was ultimately captured using tracking dogs.
At sentencing today, Judge Russell took into consideration Tillman’s extensive criminal history as well as evidence that he had threatened one of his victims and led officers on two additional high-speed chases. The court sentenced Tillman to 84 months in prison and ordered him to pay $54,543 in restitution and a $3,200 special assessment. Upon release from prison, Tillman will serve three years on supervised release. Judge Russell noted that this sentence—which was above the advisory range of imprisonment under the U.S. Sentencing Guidelines—was necessary to punish Tillman and protect the public.
This case is the result of investigations by numerous law enforcement agencies, including the United States Postal Inspection Service, the Oklahoma City Police Department, the Chickasaw Nation Lighthorse Police Department, the Mustang Police Department, the Greenville (Texas) Police Department, the Paris (Texas) Police Department, and the United States Secret Service. Assistant U.S. Attorney Brandon Hale prosecuted the case.
Munster Doctor Enters A Guilty PleaRead the Press Release
HAMMOND - Jay Kaushik Joshi, age 34, of Burr Ridge, Illinois entered a plea of guilty to distribution of a controlled substance, announced U.S. Attorney Kirsch.
“Prescribing controlled substances that are not medically necessary intensify the national opioid problem facing this country. Today’s guilty plea should be a warning to other doctors who engage in such practice. When we identify doctors prescribing opioids in this manner, we will prosecute them,” said U.S. Attorney Kirsch.
According to documents in this case, Joshi practiced medicine at Prestige Clinics in Munster, Indiana. Joshi is a medical doctor licensed to practice medicine in the State of Indiana and until November 21, 2017 was registered by the Drug Enforcement Administration to Prescribe Schedule II, III, IV and V controlled substances. Between September of 2017 and December 2017, the DEA and Munster Police Department obtained information on Joshi’s history of prescribing controlled substances. Indiana’s prescription monitoring program, INSPECT, was designed to serve as a tool to address the problem of prescription drug abuse and diversion of controlled substances. Investigators obtained data from INSPECT and it is alleged that since April 2017, Joshi issued over 6000 prescriptions for controlled substances. It is also alleged that Joshi ranked first in Lake County and ninth in the State of Indiana in the number of prescriptions written for controlled substances by DEA registered providers. During the time-period alleged in the indictment, Joshi dispensed controlled substances that were not prescribed for a legitimate medical purpose and outside the scope of professional practice.
This case is being investigated by the Drug Enforcement Administration and the Munster, Indiana Police Department. The case is being handled by Assistant U.S. Attorney Thomas Mahoney.
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Miami-Dade Resident Charged in Connection with Performance of Illicit Silicone InjectionsRead the Press Release
A Miami-Dade Resident has been arrested and charged with performing illicit silicone injections.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, and Justin D. Green, Special Agent in Charge, U.S. Food and Drug Administration, Office of Criminal Investigations (FDA-OCI), Miami Field Office, made the announcement.
Kerlys Mercedes Chaparro, 39, of Miami-Dade County, Florida, is charged by indictment with delivery for pay of an adulterated and misbranded device received in interstate commerce with intent to defraud and mislead, in violation of Title 21, United States Code, Sections 331(c) and 333(a)(2).
The indictment alleges that on or about July 27, 2016, Chaparro received a device (a silicone substance) that she intended to inject into the human body of another individual in exchange for payment. Chaparro was not a licensed medical practitioner. The silicone substance was allegedly misbranded, in that it had false and misleading labeling. Chaparro intended to inject this silicone substance, that had not been approved by the FDA, into the other individual’s body for contouring purposes.
The indictment further alleges that injections of silicone for body contouring purposes, especially deep tissue injections into the buttocks of the large amounts of silicone that would be required to achieve visible buttocks augmentation and enhancement, presented serious risks and dangers. Included among the risks of such injections were the potential of injection into a blood vessel resulting in embolism, migration of injected silicone to other bodily regions and resultant interference with organs and bodily systems, serious sepsis infection and infection-related disorders, silicone-filled scar tissue formations (“granulomas”), necrosis, skin discoloration, immune system hyperactivity and related adverse systemic conditions, disfigurement, discomfort, and pain.
Chaparro appeared in court today for her initial hearing in this matter. Her arraignment is scheduled for August 6, 2018 before U.S. Magistrate Judge Andrea M. Simonton.
Individuals in the South Florida area who have undergone buttocks injection procedures from Kerlys Mercedes Chaparro and are concerned about their health and safety, regardless of how far in the past, are urged to contact [email protected] in order to receive additional information, address individual concerns, and to receive information concerning their status and rights as potential victims.
An indictment is a formal charging document notifying the defendant of the charges. An individual charged by indictment is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Mr. Greenberg commended the investigative efforts of the FDA-OCI and the Miami-Dade Police Department Medical Crimes Unit. This case is being handled by Assistant U.S. Attorney Miesha Darrough.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Mexican National Charged with Growing Marijuana in the Shasta-Trinity National ForestRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a three-count indictment today against Everado Cuadro Campos, 49, of Michoacán, Mexico, charging him with conspiracy to grow marijuana with the intent to distribute it and damaging public lands and natural resources, U.S. Attorney McGregor W. Scott announced.
According to court documents, on July 17, 2018, Campos was arrested in a marijuana garden in the Shasta-Trinity National Forest in Shasta County. Water to irrigate the marijuana plants was diverted from the Rock Creek drainage area, and there was an extensive waterline and trail system in the forest to tend to the marijuana plants.
This case is the product of an investigation by the United States Forest Service and the California Department of Fish & Wildlife.
If convicted, Campos faces a mandatory minimum penalty of 10 years in prison and up to life in prison and a $10 million fine for the marijuana conspiracy and manufacturing counts. If convicted of the environmental crime, Campos faces a maximum statutory penalty of 10 years in prison and a fine of up to $250,000. Any sentence, however, would 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. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Meriden Man Sentenced to Prison for Role in Heroin and Cocaine Trafficking ConspiracyRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JUSTIN DOHERTY, 25, of Meriden, was sentenced today by Senior U.S. District Judge Alfred V. Covello in Hartford to 36 months of imprisonment, followed by three years of supervised release, for his role in a heroin and cocaine trafficking conspiracy.
According to court documents and statements made in court, in late October 2016, law enforcement intercepted two parcels containing suspected narcotics that had been mailed from southern California to two different addresses in Meriden. On November 2, 2016, a court-authorized search of the parcels revealed a total of approximately 6.5 kilograms of cocaine and approximately 1.06 kilograms of heroin.
On November 2, 2016, Jose Davila, also known as “Flaco,” visited a post office in Meriden to inquire about one of the parcels. On November 3, 2016, law enforcement made a controlled delivery of the second parcel to its intended address. The residents of the house accepted the parcel on behalf of DOHERTY and contacted DOHERTY on his cellphone. DOHERTY then arrived at the house in a car driven by Davila. DOHERTY and Davila were arrested at that time.
The investigation revealed that a third individual coordinated the shipment of the parcels containing cocaine and heroin, and paid DOHERTY and Davila to accept the parcels on his behalf. Prior to November 2016, DOHERTY and Davila received at least three other packages, all of which were mailed from California, on behalf of the same individual.
On January 30, 2018, DOHERTY pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute controlled substances.
DOHERTY has been detained since May 22, 2018, when his bond was revoked.
Davila, of Meriden, previously pleaded guilty to the same charge and awaits sentencing. The third individual is awaiting trial.
This matter is being investigated by the Drug Enforcement Administration, U.S. Postal Inspection Service and Meriden Police Department. The case is being prosecuted by Assistant U.S. Attorney Rahul Kale.
Man Extradited from El Salvador to Face 1995 Murder ChargeRead the Press Release
WASHINGTON – Raul Rodriguez, also known as Ricardo Vidaurre Chicas, 45, has been extradited from El Salvador on a charge of first-degree murder while armed (premeditated) for allegedly killing a man in a drive-by shooting in May 1995 in Southeast Washington, announced U.S. Attorney Jessie K. Liu, Peter Newsham, Chief of the Metropolitan Police Department (MPD), and Michael Hughes, U.S. Marshal for the Superior Court of the District of Columbia.
Rodriguez, aka Chicas, is accused of killing Charles Wilkins, a 31-year-old accountant with the U.S. Department of the Interior’s Bureau of Indian Affairs, in the early morning hours of Saturday, May 27, 1995. He was arrested within minutes of the shooting and made his first appearance on May 29, 1995, in the Superior Court of the District of Columbia. However, he was released a week later after posting a $5,000 cash or surety bond set by the judge and he then failed to appear for a court hearing that had been set for June 8, 1995. At the time of his arrest in 1995, Rodriguez, aka Chicas, had been residing in Alexandria, Va.
The defendant, a Salvadoran citizen, subsequently moved to El Salvador, where he was found by law enforcement in 2015 working as a teacher. Rodriguez, aka Chicas, was arrested in November 2016 in El Salvador on the United States extradition request and extradited to the United States on July 13, 2018, at which time he was arraigned in the Superior Court of the District of Columbia. He was ordered held without bond by the Honorable Judge Danya A. Dayson pending further court proceedings, including a status hearing set for Sept. 7, 2018.
According to the government’s evidence, Rodriguez, aka Chicas, shot Mr. Wilkins multiple times. Mr. Wilkins had been at a nightclub celebrating his brother’s birthday. Rodriguez, aka Chicas, allegedly shot him from inside a vehicle as Mr. Wilkins walked to his car in the 100 block of M Street SE. An eyewitness immediately relayed information to the Metropolitan Police Department. Police pursued the vehicle and apprehended its occupants, including the defendant, within five minutes of the shooting. Police also recovered the gun used in the shooting, which had been thrown out of the vehicle during the police pursuit.
According to the evidence, the defendant was determined to be a member of the Vatos Locos gang. Mr. Wilkins had no gang affiliations and no known ties to the defendant.
Rodriguez, aka Chicas, was initially indicted in July 1996 on the murder and related weapons charges. A grand jury returned a superseding indictment in February 2016, adding a charge of violating the Bail Reform Act, stemming from his failure to appear in court.
An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
This case was investigated by the Metropolitan Police Department, and the defendant’s whereabouts were investigated by the U.S. Marshals Service. The Department of Justice’s Office of International Affairs and the U.S. Department of State provided substantial assistance in securing extradition.
Assistance has been provided by the U.S. Department of State’s Diplomatic Security Service, the U.S. Marshals Service International Investigations Branch, the Capital Area Regional Fugitive Task Force, FBI (Central Americas Division) and the Salvadoran National Police.
The case is being prosecuted by Assistant U.S. Attorney Christine Macey of the U.S. Attorney’s Office for the District of Columbia, with assistance from Assistant U.S. Attorney Kathryn Rakoczy and Victim/Witness Advocate Jennifer Clark.
MARTA department administrator charged with false invoice scamRead the Press Release
ATLANTA – Jhonnita L. Williams, a former department administrator at the Metropolitan Atlanta Rapid Transit Authority (MARTA) agency, has been charged with participating in a false-invoice scheme, resulting in MARTA paying more than $500,000 for maintenance work that was never performed.
“For years, Williams allegedly betrayed her employer and exploited her position of trust at MARTA, resulting in a massive theft of tax payer money,” said U.S. Attorney Byung J. “BJay” Pak. “This grand jury charged yet another defendant in this significant fraud scheme.”
“Williams is accused of dipping into taxpayers’ money to subsidize her own personal greed,” said Murang Pak, Acting Special Agent in Charge of FBI Atlanta. “Public corruption like this hits at the heart of government, eroding the public’s confidence, and that’s why the FBI is committed to holding accountable those who choose to abuse their positions of trust.”
“With this indictment and the conviction of Ms. Williams’s co-conspirator Joe Erves, who is currently serving time, MARTA is closing the chapter on this incident,” said MARTA Chief of Police Wanda Y. Dunham. “We have zero tolerance for employees who violate the public trust. We remain vigilant to guard against and root out this type of behavior.”
According to U.S. Attorney Pak, the indictment, and other information presented in court: MARTA is the principal public transportation operator in the Atlanta area, providing fixed rail and bus service to more than 500,000 passengers per weekday. Formed by Metropolitan Atlanta Rapid Transit Authority Act of 1965, MARTA is a multi-county local governmental agency with a 2016 annual budget of more than $880 million.
Williams worked for MARTA from 1999 to 2017. From 2010 to 2017, Williams worked as an assistant and department administrator for Joseph J. Erves. Erves served as MARTA’s senior director of operations and oversaw the maintenance of all of its buses and rail cars.
From approximately June 2010 to December 2016, Williams and Erves allegedly had numerous fake invoices prepared on behalf of three vendors for MARTA maintenance projects for which no work was performed. Williams and Erves allegedly used the false invoices as a basis to authorize payments to the three vendors – including fake invoices submitted by a business owned by Ferrell Williams (who was romantically involved with Jhonnita Williams). After being paid, the three vendors funneled a portion of the money received from MARTA back to Williams and Erves.
Williams used the money to pay for various personal expenses, including the financing and purchase of an approximately 3,000 square foot single-family home with four bedrooms and two and a half bathrooms. To secure the loan, Williams falsely represented on her loan application that she received $8,500 as a gift from a family member, when in fact she was the source of the money.
On July 24, 2018, a grand jury returned a seven-count indictment against Jhonnita L. Williams, 47, of Atlanta, Georgia, charging her with conspiratorial and substantive federal program theft, mail fraud, and false statements on a loan application.
On September 20, 2017, Joseph J. Erves, 53, of Lithonia, Georgia pleaded guilty to federal program theft. On January 16, 2018, Erves was sentenced to two years and nine months in federal prison, and was ordered to pay $522,825.45 in restitution.
On March 29, 2018, Ferrell Williams, 63, of Cincinnati, Ohio, pleaded guilty to conspiring to commit federal program theft. Ferrell Williams’s sentencing hearing is scheduled for August 1, 2018.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation and the MARTA Police Department.
Assistant U.S. Attorney Jeffrey W. Davis, Chief of the Public Integrity & Special Matters Section, and Assistant U.S. Attorney Alison Prout are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Liberian National SentencedRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Isaac T. Kannah, 51, of Philadelphia, PA, who was convicted of misprision of a felony, was sentenced to time served and one year unsupervised release by U.S. District Judge David G. Larimer. In addition, the defendant has agreed to revocation of his asylee status and will voluntarily depart the United States following formal immigration proceedings.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that, in May 2011, an Immigration Judge of the Executive Office of Immigration Review was conducting removal proceedings against George Boley, the former head of the Liberian Peace Council during the Liberian Civil War in the 1990s. One of the issues material to the removal proceedings was whether the Liberian Peace Council was a warring or fighting faction during the war. During the removal proceedings, Boley offered false and inaccurate testimony on this issue, asserting that the Liberian Peace Council was not a warring or fighting faction, in an effort to corruptly influence, obstruct and impede those proceedings, a felony in violation of Title 18, United States Code, Section 1505.
In May 2011, the defendant knew that Boley was offering false and inaccurate testimony in order to obstruct the removal proceedings. Despite this knowledge, the defendant failed to notify the relevant federal authorities (such as the Immigration Judge or federal law enforcement authorities) about the crime. In addition, Kannah also sought affirmatively to conceal the crime by failing to state that the Liberian Peace Council was in fact a warring faction during the Liberian Civil War despite being questioned on that issue during his testimony at Boley’s removal proceedings.
Today’s sentencing is the result of an investigation by the Buffalo Office of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly and the Philadelphia Office of ICE-HSI.
The United States Attorney’s Office was assisted in this investigation and prosecution by Brenda Sue Thornton, a Department of Justice Trial Attorney with the Counterterrorism Section, National Security Division.
Lake Worth Resident Pleads Guilty to Distributing Heroin, Carfentanyl and CocaineRead the Press Release
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, Adolphus P. Wright, Special Agent in Charge, Drug Enforcement Administration (DEA), and Ric Bradshaw, Sheriff of the Palm Beach County Sheriff’s Office (PBSO), announced that Roberto Paul Mendoza, 28, of Palm Beach County, pled guilty yesterday to three counts of distribution of heroin, carfentanyl, and cocaine, one count of possession with intent to distribute heroin, and one count of knowingly possessing a firearm in furtherance of drug trafficking.
According to the court record, on three occasions Mendoza sold heroin mixed with carfentanyl and cocaine to an undercover police officer. Thereafter, during the execution of a search warrant of Mendoza’s residence more than 100 grams of heroin and a firearm were discovered and seized by law enforcement.
For the counts of conviction, Mendoza faces a mandatory minimum sentence of 10 years to life in prison. Mendoza is scheduled to be sentenced by U.S. District Court Judge Donald M. Middlebrooks on September 25, 2018 at 9:00 a.m. in West Palm Beach.
Mr. Greenberg commended the investigative efforts of the DEA and PBSO for their assistance in this matter. This case is being prosecuted by Assistant U.S. Attorney Jennifer C. Nucci.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Justice Department Seeks to Revoke Citizenship of Convicted Felon Who Led Drug Organization in FloridaRead the Press Release
The Justice Department today filed a denaturalization lawsuit against the former leader of a drug organization responsible for conspiring to distribute more than 40 kilograms of cocaine and 1,600 kilograms of marijuana, conduct he allegedly concealed during his naturalization proceedings. The civil complaint was filed in federal court in the Northern District of Florida.
“It is important for the Department of Justice to protect the integrity of the naturalization process,” said Acting Associate Attorney General Jesse Panuccio. “In this case, the defendant allegedly concealed his serious criminal activity—large-scale drug trafficking that put the health and safety of our communities at risk. We cannot tolerate, and will zealously pursue, this kind of fraudulent activity.”
Melchor Munoz aka Melchor Munoz-Correa, 42, a native of Mexico, was convicted pursuant to a guilty plea in 2012 of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and 100 kilograms or more of marijuana, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A)(ii), and (b)(1)(B)(vii). As admitted in his criminal proceedings, Munoz distributed to co-conspirators an average of 80 pounds of marijuana on approximately 60 separate occasions between 2008 and 2010, keeping 400 to 500 pounds of marijuana, gallon zip-lock bags of methamphetamine, and multiple blocks of cocaine on hand most of the time. In 2012, the U.S. District Court for the Northern District of Florida found that Munoz was a leader of the drug organization and sentenced him to 188 months’ imprisonment and five years of supervised release. Munoz is currently serving his sentence at a federal prison in Jesup, Georgia.
Although Munoz’s crimes began while he was a permanent resident of the United States, he was not arrested and his criminal proceedings did not occur until after he had naturalized. The civil denaturalization complaint alleges that Munoz concealed and affirmatively misrepresented his criminal conduct throughout his naturalization proceedings, and that his application would have been denied had immigration authorities known about his drug conspiracy.
“This criminal led a drug organization responsible for conspiring to distribute massive amounts of cocaine and marijuana, all while he defrauded the government during his naturalization process,” said Derek Benner, HSI Deputy Executive Associate Director. “Today he is being held accountable for his lies and stands to lose one of the greatest benefits our country offers, citizenship, which he obtained by defrauding immigration authorities.”
The case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Civil Division’s Office of Immigration Litigation, District Court Section (OIL-DCS). The case is being prosecuted by Trial Attorney Ari Nazarov of OIL-DCS, with support from ICE’s Orlando Office of the Chief Counsel and ICE-HSI Tallahassee.
The claims made in the complaint are allegations only, and there has been no determination of liability.
Jury Finds Kazakhstani Man Guilty of Marriage Fraud and Uzbekistani Man Pleads Guilty to Marriage Fraud as Part of Marriage Fraud Ring InvestigationRead the Press Release
Orlando, Florida – A federal jury has found Valeriy Tsoy (35, a citizen of Kazakhstan) guilty of marriage fraud. On July 23, 2018, Zafar Bakhramovic Yadigarov (27, citizen of Uzbekistan) pleaded guilty to marriage fraud and conspiracy to commit marriage fraud. Each faces a maximum penalty of five years in federal prison. Tsoy’s sentencing hearing is scheduled for October 24, 2018. Yadigarov’s sentencing is scheduled for October 10, 2018.
Tsoy and Yadigarov were indicted on August 30, 2017.
According to court documents, in October 2015, agents from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations worked with the Brevard County Clerk of the Court to investigate a significant surge in the number of aliens from Uzbekistan, Kazakhstan, Kyrgyzstan, and other former Soviet countries fraudulently marrying U.S. citizens in Brevard County. The leader of the marriage fraud ring, Dennis Yakovlev, admitted to facilitating at least 50 sham marriages over an 18-month span. The foreign nationals, who were from Ukraine, Russia, Kazakhstan, Tajikistan, Uzbekistan, China, India, Belarus, and Turkey, traveled to Brevard County from around the United States. Yakovlev claimed that he was typically paid $1,000 to $2,000 per sham marriage and that the American citizens were paid between $10,000 and $20,000 each. Many of the aliens who engaged in these marriages initially entered the country on student visas, but later fell out of legal status. Nine individuals, including Tsoy and Yadigarov, have been convicted of marriage fraud charges during the course of this investigation.
The testimony and evidence in Tsoy’s trial indicated that, in 2015, Tsoy was living in Brooklyn, New York on an expired visa. In an effort to gain permanent residence in the United States, he sought out the services of a fraudulent wedding facilitator (Yakovlev). Tsoy then traveled to Brevard County to marry a U.S. citizen (April Moore). In exchange for the marriage and the filing of immigration documents, Tsoy paid Yakovlev, Moore, and a recruiter approximately $10,000. Tsoy spent a few hours with Moore before marrying her on July 6, 2015, at the courthouse in Titusville.
According to court documents,while living on a temporary student visa in Brooklyn in 2015, Yadigarov traveled to Brevard County to meet with Yakovlev and a U.S. citizen wife-to-be (Meghan Toole). Shortly thereafter, Yadigarov married Toole and returned to Brooklyn. Yadigarov and Toole filed immigration paperwork in an effort to secure his legal permanent residence.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Enforcement and Removal Operations, U.S. Citizenship and Immigration Services – Fraud Detection and National Security, and the Brevard County Sheriff’s Office, with assistance from the Brevard County Clerk of the Court. Special Assistant U.S. Attorney Brandon Bayliss, on assignment from the Office of the Principal Legal Advisor, ICE, prosecuted the case with Assistant United States Attorney Ilianys Rivera Miranda.
Jury Finds Broken Arrow Man Guilty of Enticing a MinorRead the Press Release
U.S. Attorney Trent Shores announced today that a jury found Skylor Ramazani Norman, 24, of Broken Arrow, guilty of Enticement of a Minor. The jury determined that, on February 19, 2018, a 12-year-old girl had dinner at a restaurant with her mother, where Norman worked. Norman gave the 12-year-old girl his telephone number when she went to the restroom. She did not have a cell phone, so she downloaded an app called TextNow on her iPad and began communicating with Norman. Norman asked to be in a relationship with her and referred to her as his girlfriend. They expressed their love for each other on multiple occasions. After the text exchanges, they agreed to meet at Norman’s house, where they had sexual intercourse. The 12-year-old girl snuck out of her mother’s house, walking five miles each way, and spent two nights at Norman’s house. When the 12-year-old girl’s mother discovered her daughter was not at home, fearing she had been kidnapped, her mother called the police. Norman denied knowing she was only 12.
U.S. Attorney Shores stated, “Child predators are a cancer upon society and we will do everything we can to remove them. The United States Attorney’s Office stands strong with child victims and we will ensure their voices are heard in the courtroom. We are pleased with this result.”
District Judge Claire V. Eagan of the United States District Court for the Northern District of Oklahoma presided over the trial and will sentence Norman on October 18, 2018. Norman faces a maximum penalty of life in prison, a $250,000 fine, and at least 5 years supervised release for the conviction.
This case was prosecuted 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 U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case was investigated by the Federal Bureau of Investigation and the Broken Arrow Police Department. This case was prosecuted by Assistant United States Attorneys Jeffrey A. Gallant and Victor A.S. Régal. U.S. Attorney Shores said, “I commend Assistant U.S. Attorneys Jeff Gallant and Victor Régal for their professional prosecution of this matter, and the Federal Bureau of Investigation and the Broken Arrow Police Department for their outstanding investigative work. I also thank the jury for their service and for holding this child predator accountable with a verdict of guilty.”
Jury Convicts Tonawanda Man of Multiple Drug 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 jury convicted Michael Elder, 38, of Tonawanda, NY, of possession with intent to distribute 28 grams or more of crack cocaine, possession with intent to distribute fentanyl, butyryl fentanyl, and furanyl fentanyl, and maintaining a drug-involved premises. The convictions carry a mandatory minimum sentence of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorneys Brendan T. Cullinane and Seth T. Molisani, who handled the prosecution of the case, stated that on November 3, 2016, the United States Probation Department and the Drug Enforcement Administration searched the defendant’s residence at 143 Edgewood Avenue in Tonawanda. Officers recovered crack cocaine, fentanyl, drug presses, and other drug paraphernalia. At that time, Elder was on federal supervised release for a previous bank robbery conviction.
The verdict is the result of an investigation by the United States Probation Department, under the direction of Chief Probation Officer Anthony SanGiacomo, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Sentencing is scheduled for October 31, 2018, at 12: 30 p.m. before U.S. District Court Judge Richard J. Arcara who presided over the trial of the case.Hot Springs Man Sentenced to over 33 Years in Federal Prison for Kidnapping and Aggravated Sexual Abuse by ForceRead the Press Release
Hot Springs, Arkansas – Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced today that Lynn Terrance Breckenridge II, age 28, of Hot Springs, Arkansas was sentenced today to 405 months in federal prison followed by a term of supervised release for the remainder of his life on one count each of Kidnapping and Aggravated Sexual Abuse by Force. The Honorable Susan O. Hickey presided over the sentencing hearing in the United States District Court in Hot Springs.
According to court records, Breckenridge spoke to a Hot Springs woman who was walking her dog in the early morning hours of October 5, 2014, and offered her a ride under the guise that he and the woman had a mutual acquaintance and that Breckenridge would drive the woman and her dog back to the place where she was living. The woman accepted the ride and she and her dog got inside Breckenridge’s car.
Instead of taking the woman where Breckenridge had promised, he confined the woman inside his car and drove her and her dog throughout Hot Springs, preventing her and her dog from getting out of the car. Eventually, Breckenridge drove the woman and her dog to West Mountain, which is part of Hot Springs National Park and under exclusive federal jurisdiction. There, Breckenridge threw the woman’s dog out of the car, sexually assaulted the woman, threatened to kill her and continued to hold her against her will.
Sometime after the woman had been restrained inside the car and sexually assaulted, she was able to escape from Breckenridge’s vehicle. She ran and hid from Breckenridge until she saw a passing taxi. The woman flagged down the taxi and was later taken to the Hot Springs National Park Medical Center for treatment and evidence collection. Subsequent forensic examination of evidence obtained from the woman at the Hot Springs National Park Medical Center revealed bodily fluids that matched Breckenridge’s DNA.
Breckenridge was indicted in July 2015 on federal charges and plead guilty in February 2017.
This case was investigated by the Federal Bureau of Investigation, the Hot Springs Police Department and the National Park Service. Assistant United States Attorneys Kyra Jenner and Candace Taylor prosecuted the case for the United States.
Harrisburg Man and North Dakota Man Sentenced for Possession of Explosives and Misprision of a FelonyRead the Press Release
United States Attorney Ron Parsons announced that Nathaniel Johnson, age 30, from Dickinson, North Dakota, was convicted of Possession of Explosives by a Prohibited Person and sentenced to 33 months in federal prison, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100 on June 25, 2018, by U.S. District Judge Roberto A. Lange.
United States Attorney Ron Parsons also announced that William Fralick, age 30, from Harrisburg, South Dakota, charged with Misprision of a Felony, pled guilty and was sentenced to time served, 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100 on July 25, 2018, by U.S. District Judge Lange.
Johnson and Fralick were indicted by a federal grand jury on January 17, 2018. Johnson pled guilty on April 3, 2018, and Fralick pled guilty on July 25, 2018.
The convictions stem from an incident on January 19, 2017, when Johnson and Fralick, who were fugitives from justice, were arrested in Reliance, South Dakota. Found in Johnson’s possession, during his arrest, was 58 ½ inches of detonation cord and an emulsion explosive containing ammonium nitrate, sodium nitrate, microballoons, aluminum and oil/wax from a plastic orange tube marked “Orica” and “Explosivos Mexicanos”, which are explosives that had been shipped and transported in interstate and foreign commerce.
Johnson did not possess a valid license or permit to possess explosives and has multiple convictions for crimes punishable in excess of one year.
Fralick learned that Johnson was illegally in possession of explosives and knew that Johnson was prohibited from possessing explosives. Despite this knowledge, Fralick failed to report this information to federal law enforcement officials.
This case was investigated by the South Dakota Division of Criminal Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Lyman County Sheriff’s Office, and the South Dakota Highway Patrol. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Johnson was turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Harrisburg Man Indicted for Drug Trafficking and Firearm OffensesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Isaac Sheppard, age 25, of Harrisburg, Pennsylvania, was indicted by a federal grand jury for possession with intent to distribute crack cocaine, possession of a handgun by a convicted felon, and possession of a firearm in furtherance of drug trafficking.
According to U.S. Attorney David J. Freed, the indictment alleges that Sheppard possessed with the intent to distribute cocaine base and marijuana on December 7, 2017 in Harrisburg. The indictment also alleges that Sheppard unlawfully possessed a .40 caliber, Glock handgun in furtherance of drug trafficking and as a convicted felon.
The matter was investigated by the Harrisburg Police Bureau and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Scott R. Ford is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for this offense is up to life in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Grant County Doctor Sentenced to 151 Months for Drug TraffickingRead the Press Release
Federal jury found physician guilty of 173 drug trafficking offenses
COVINGTON, Ky. – Dr. Sundiata El-Amin, 69, of Ft. Wayne, Indiana, was sentenced today to 151 months in federal prison, by United States District Judge David L. Bunning, for 173 drug trafficking offenses. Dr. El-Amin was also ordered to pay a special assessment of $17,300.
Dr. El-Amin was previously convicted by a federal jury of conspiracy to distribute controlled substances, maintaining a premises for the distribution of controlled substances, and 171 individual counts of distributing controlled substances, in March 2018. According to the evidence presented, Dr. El-Amin conspired with his office manager to unlawfully dispense more than 300,000 oxycodone tablets, outside the scope of professional practice and without a legitimate medical purpose, over a period of approximately one year. The evidence further established that he repeatedly issued improper prescriptions for high doses of oxycodone and regularly issued the prescriptions without examining patients.
Dr. El-Amin was indicted in December of 2015. His office manager, Wendy Price, entered a guilty plea in February 2018 to charges of conspiring with Dr. El-Amin to commit the offenses. Under federal law, Dr. El-Amin must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the United States Probation Office for 3 years.
“The sentence imposed reflects the seriousness of the offense,” stated Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “The Defendant’s unnecessary prescribing of oxycodone damaged our communities and helped fuel the opioid epidemic. Our Office will continue to prioritize prosecuting these important cases.”
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration, jointly made the announcement. The investigation was conducted by the Drug Enforcement Administration. The United States was represented by Assistant United States Attorneys Tony Bracke and Laura Voorhees.
Gary Man Sentenced to 151 Months in PrisonRead the Press Release
HAMMOND – Vincent Wilson, 48 years old, of Gary, Indiana, was sentenced by U.S. District Court Judge James T. Moody after pleading guilty to the distribution of cocaine base, announced U.S. Attorney Kirsch.
According to documents in the case, between March 16, 2017 and April 11, 2017, law enforcement officers conducted four controlled purchases of cocaine base, otherwise known as “crack cocaine,” from Vincent Wilson. On March 20, 2018, law enforcement executed a search warrant on Wilson’s residence at 411 West 23rd Avenue in Gary, Indiana and recovered crack cocaine from his bedroom. Wilson was previously convicted of possession of cocaine, two counts of attempted murder, and felony battery.
This case was investigated by ATF, Gary Police Department and prosecuted by Special Assistant United States Attorney Armando Salinas.
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Four Foreign Nationals Indicted for International Cocaine Smuggling ConspiracyRead the Press Release
Tampa, FL – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Jorge Lucas Murillo (28, Ecuador), Carlos Patron Marchan (20, Ecuador), Weimar Valencia Campaz (28, Colombia), and Abraham Lopez Mendoza (47, Mexico) with conspiracy to possess with the intent to distribute five kilograms or more of cocaine. If convicted, each faces a maximum penalty of life in federal prison and a $10 million fine for each count.
This indictment arose out of a July 9, 2018, interdiction of a drug smuggling vessel in international waters by the U.S. Coast Guard (USCG) Cutter ALERT. As part of the interdiction, the USCG seized approximately 1,200 kilograms of cocaine.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent until, and unless, proven guilty.
This case was investigated by the Panama Express Strike Force, an Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the United States Coast Guard Investigative Service, Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Naval Criminal Investigative Service, and U.S. Southern Command’s Joint Interagency Task Force South. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. It is being prosecuted by Special Assistant United States Attorney Nicholas G. DeRenzo.
Fort Worth Man Admits to Hulen Mall ArsonRead the Press Release
FORT WORTH, Texas — Craig Michael Tezeno, 46, of Fort Worth, Texas, pleaded guilty yesterday before U.S. Magistrate Judge Jeffrey L. Cureton to one count of arson, announced U.S. Attorney Erin Nealy Cox of the Northern District of Texas.
Tezeno faces up to twenty years in federal prison and a $250,000 fine, and will remain in custody pending sentencing.
According to court documents filed in the case, on May 11, 2018, Tezeno entered the Dillard’s Department store in the Hulen Mall in Fort Worth, Texas with a glass bottle filled with gasoline and a rag. This device is commonly known as a Molotov Cocktail. While in the store, Tezeno lit the rag and placed the Molotov Cocktail on the floor. Shortly thereafter, Tezeno entered the Sears Department store and lit a second Molotov Cocktail. Tezeno placed both of these devices in the stores hoping to start a fire and cause damage to the store and its property.
On May 18, 2018, Tezeno returned to the Hulen Mall in Fort Worth, Texas and re-entered the Sears store. While in the store, Tezeno lit a third Molotov Cocktail and placed it on the floor.
“This guilty plea marks the culmination of several weeks of hard work, dedication, and cooperation between federal, state, and local authorities,” said U.S. Attorney Nealy Cox. “Through their efforts, we were able to identify and bring to justice an arsonist who put the safety of the people of the Northern District of Texas at risk.”
“This investigation is a great example of federal, state and local agencies working together to stop a clear and present threat to our communities,” said FBI Dallas Special Agent-in-Charge, Eric K. Jackson. “With the help of the United States Attorney’s Office, we are holding this subject accountable for his actions that occurred at the Hulen Mall.”
The Federal Bureau of Investigation and the Fort Worth Police Department investigated the case with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Fort Worth Fire Department’s Arson Investigations Unit, Tarrant County District Attorney’s Office and FBI Task Force Officers from the Tarrant County Sherriff’s Office, the Arlington Police Department, the Naval Criminal Investigation Service, the Department of Homeland Security, and the Texas Department of Public Safety.
The case is being prosecuted by Assistant United States Attorney Jay Weimer.
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Former Police Officer Pleads Guilty in Federal Court to Conspiracy to Deprive Civil Rights and Deprivation of Civil RightsRead the Press Release
A former police officer with the Village of Biscayne Park pleaded guilty today in federal court in Miami to conspiracy to deprive a person of his civil rights and deprivation of civil rights under color of law. Acting Assistant Attorney General John Gore for the Justice Department’s Civil Rights Division; Benjamin G. Greenberg, United States Attorney for the Southern District of Florida; Katherine Fernandez Rundle, Miami-Dade State Attorney; Robert F. Lasky, Special Agent in Charge, FBI, Miami Field Office; and Troy Walker, Special Agent in Charge, Florida Department of Law Enforcement (FDLE), made the announcement.
Guillermo Ravelo, 37, of Miami, Florida, was charged by a superseding information with depriving a person of his civil rights under color of law, in violation of Title 18, United States Code, Section 242 (Count 1); and conspiracy to deprive a person of his civil rights, in violation of Title 18, United States Code, Section 241 (Count 2). For each count, Ravelo faces a statutory maximum sentence of ten years in prison, three years of supervised release, and up to a $250,000 fine. His sentencing is scheduled for Oct. 4 before U.S. District Court Judge Cecilia M. Altonaga in Miami.
According to the allegations contained in the information, on Jan. 23, 2013 and Feb. 26, 2014, at the direction of a Biscayne Park Police Department Supervisor, Ravelo falsely arrested a victim identified as “C.D.” and another victim identified as “E.B.” C.D. was charged with two residential burglaries, and E.B. was charged with five vehicle burglaries; despite the supervisor and Ravelo knowing that no evidence existed linking either of the victims to these crimes. In a separate incident, on April 7, 2013, Ravelo responded to a request for assistance from another Biscayne Park police officer who had conducted a traffic stop. During the arrest of the driver, Ravelo assaulted the driver by striking him with his fists while the victim was handcuffed and caused bodily injury.
This case is being investigated by the FBI, including the FBI Miami Area Corruption Task Force, and FDLE, and assisted by the Miami-Dade State Attorney’s Office. This case is being prosecuted by Assistant U.S. Attorney Harry C. Wallace, Jr., Department of Justice Trial Attorney Donald W. Tunnage, and Assistant State Attorney Trent Reichling.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former Police Officer Pleads Guilty in Federal Court to Conspiracy to Deprive Civil Rights and Deprivation of Civil RightsRead the Press Release
A former police officer with the Village of Biscayne Park pleaded guilty today in federal court in Miami to conspiracy to deprive a person of his civil rights and deprivation of civil rights under color of law.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida; Acting Assistant Attorney General John Gore for the Justice Department’s Civil Rights Division; Katherine Fernandez Rundle, Miami-Dade State Attorney; Robert F. Lasky, Special Agent in Charge, FBI, Miami Field Office; and Troy Walker, Special Agent in Charge, Florida Department of Law Enforcement (FDLE), made the announcement.
Guillermo Ravelo, 37, of Miami, Florida, was charged by a superseding information with depriving a person of his civil rights under color of law, in violation of Title 18, United States Code, Section 242 (Count 1); and conspiracy to deprive a person of his civil rights, in violation of Title 18, United States Code, Section 241 (Count 2). For each count, Ravelo faces a statutory maximum sentence of ten years in prison, three years of supervised release, and up to a $250,000 fine. His sentencing is scheduled for October 4, 2018 at 9:00 a.m. before U.S. District Court Judge Cecilia M. Altonaga in Miami.
According to the allegations contained in the information, on Jan. 23, 2013 and Feb. 26, 2014, at the direction of a Biscayne Park Police Department Supervisor, Ravelo falsely arrested a victim identified as “C.D.” and another victim identified as “E.B.” C.D. was charged with two residential burglaries, and E.B. was charged with five vehicle burglaries; despite the supervisor and Ravelo knowing that no evidence existed linking either of the victims to these crimes. In a separate incident, on April 7, 2013, Ravelo responded to a request for assistance from another Biscayne Park police officer who had conducted a traffic stop. During the arrest of the driver, Ravelo assaulted the driver by striking him with his fists while the victim was handcuffed and caused bodily injury.
This case is being investigated by the FBI, including the FBI Miami Area Corruption Task Force, and FDLE, and assisted by the Miami-Dade State Attorney’s Office. This case is being prosecuted by Assistant U.S. Attorney Harry C. Wallace, Jr., Department of Justice Trial Attorney Donald W. Tunnage, and Assistant State Attorney Trent Reichling.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former Air Force Pilot Sentenced for International Parental KidnappingRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven today sentenced Andrew Haley Morcombe (51, United Arab Emirates) to the maximum term of three years in federal prison for international parental kidnapping. The court also ordered Morcombe to pay a $95,000 fine and $90,000 in restitution.
Morcombe was found guilty by a federal jury on April 23, 2018.
According to evidence presented at trial, Morcombe kidnapped his daughter on May 2, 2014, during a weekend of scheduled time-sharing. To do so, he falsified court records and submitted an emergency passport application to British Consulate officials containing false information on behalf of his daughter. Morcombe and his daughter then flew out of the United States, and ultimately, onto the United Arab Emirates, a country with which the United States has no extradition treaty. Morcombe’s actions violated a then-pending state court order, which prohibited him from departing the United States with his daughter without court authorization and from applying for a new or replacement passport on behalf of his daughter.
Morcombe asserted a statutory affirmative defense at trial under Section 1204(c)(2), claiming that he kidnapped his daughter so as to flee domestic violence. Evidence and testimony introduced at trial, however, showed that Morcombe had no evidence that his daughter had ever been abused.
This case was investigated by Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Stacie B. Harris and Kaitlin R. O’Donnell.
Federal Jury Convicts Pittsburgh Felon of Unlawfully Possessing a Loaded Firearm in Frick ParkRead the Press Release
PITTSBURGH, Pa – On the first day of deliberations, a federal jury found Nazim Burton guilty of one count of unlawful possession of a firearm by a convicted felon.
Burton, age 41, of Pittsburgh, Pa., was tried before United States District Court Judge Reggie Walton in Pittsburgh.
According to Assistant United States Attorneys Timothy Lanni and Ira Karoll, who prosecuted the case, the evidence presented at trial established that on June 24, 2017 at approximately 11:30 p.m., Burton crashed his Ford Fusion into a parked car on South Braddock Avenue. An eyewitness observed Burton carrying a silver handgun and called 911. Pittsburgh Police responded to South Braddock Avenue and found Burton standing in Frick Park next to a garbage can. Inside the garbage can, Pittsburgh officers recovered a loaded black and silver Smith and Wesson .40 caliber SD40VE semi-automatic handgun. Upon recovery, Pittsburgh officers discovered that the serial number on the firearm was not visible. A blood test later performed on Burton revealed that he was operating the vehicle with a .275 Blood Alcohol Content (BAC).
Burton was previously convicted in 2006 in the United States District Court for the Western District of Pennsylvania for conspiracy to distribute and possess with the intent to distribute 50 grams of more of crack cocaine and 500 grams or more of cocaine. Burton was on federal supervised release on June 24, 2017.
"The U.S. Attorney’s Office is committed to prosecuting repeat violent offenders who possess illegal firearms," stated U.S. Attorney Brady. "As part of Project Safe Neighborhoods, the federal program to combat the illegal use of firearms, our Office will continue to work with the Pittsburgh Bureau of Police and all of our state and local law enforcement partners to aggressively prosecute firearms offenses."
Judge Walton scheduled sentencing for November 30, 2018 at 2 p.m. Burton faces a maximum sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense. Judge Walton revoked Burton’s bond at the time of the jury’s verdict. Burton will be detained pending sentencing.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pittsburgh Bureau of Police conducted the investigation into Burton.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Federal Jury Convicts Former VA Field Examiner and OPM Investigator Kenneth Richard Devore of FraudRead the Press Release
GREENEVILLE, Tenn. - On July 25, 2018, following a six-day trial in U.S. District Court, Kenneth Richard Devore, 44, of Jonesborough, Tennessee, was convicted of wire fraud, mail fraud, financial conflict of interest, theft of public money, and making false statements in matters within the jurisdiction of the United States.
Sentencing is set for 10:00 a.m., November 5, 2018, before the Honorable Judge Pamela L. Reeves in U.S. District Court in Greeneville. Devore was detained pending sentencing.
Wire fraud and mail fraud both carry a maximum penalty of 20 years in prison and a fine of up to $250,000. Theft of public money carries a maximum penalty of 10 years in prison and a fine of up to $250,000. Financial conflict of interest and false statements both carry a maximum penalty of 5 years in prison and a fine of up to $250,000.
According to evidence presented at trial, in 2015, while acting as a field examiner for the Department of Veterans Affairs (VA), Devore schemed to defraud a disabled and incompetent veteran of over $680,000. Under the VA’s Fiduciary Program, field examiners are employed to help protect the financial assets of veterans who are unable to take care of themselves. As such, field examiners conduct on-site fact-finding examinations to ascertain the veteran’s income and assets and to observe his mental condition, living arrangement, and social adjustment. While assigned to a disabled veteran in Knoxville, Tennessee, Devore used his position to convince that veteran that he needed a Last Will and Testament (will). Devore then drafted the will and deceptively inserted his own name as the sole beneficiary of the veteran’s financial bank accounts and investments, which totaled over $680,000. Devore falsified the victim’s initials on the will and mailed it to his legal guardian, Regions Bank.
As a result of his conduct, Devore was forced to resign from the VA. Shortly thereafter, in early 2016, he applied for a position as an investigator for the National Background Investigations Bureau, an agency within the U.S. Office of Personnel Management (OPM) that conducts investigations for positions of public trust and security clearances. In his application for the job and security clearance, he lied about his own educational and employment history, intentionally withholding that he had been forced to resign from the VA for misconduct and falsely claiming that he had received a college degree from the so-called “Canterbury University.” By his misrepresentations and omissions, Devore was hired for the job and worked through 2017.
Additionally, in 2009 and 2010, Devore lied about his own purported disabilities in order to obtain a 100% “total and permanent” disability rating by the VA. While he claimed to be unemployed and unable to work because of service-connected ailments, he worked gainfully and almost continuously in various federal and private sector jobs from 2009 through 2017. During that period, he received monthly disability compensation from the VA to which he was not entitled.
This case was investigated by the VA, Office of Inspector General and OPM, Office of Inspector General. Assistant U.S. Attorneys David Gunn and T.J. Harker represented the United States at trial.
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Federal Jury Convicts Felon in Possession of FirearmRead the Press Release
Orlando, Florida – A federal jury has found Courtney Rashon Johnson (43, Orlando) guilty of possessing a firearm as a convicted felon. Johnson faces a minimum mandatory penalty of 15 years, and up to life, in federal prison. His sentencing hearing is scheduled for October 11, 2018.
Johnson was indicted on March 28, 2018.
According to testimony presented at trial, Johnson was carrying a firearm and fleeing from a scene where gunshots had been fired, when he encountered multiple detectives from the Orlando Police Department. When the detectives ordered him to drop to the ground, Johnson complied, throwing the .38-caliber revolver that he had been carrying. Johnson has had multiple prior felony convictions and, therefore, is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Orlando Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by Assistant United States Attorney Emily C. L. Chang.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Federal Judge Finds That Felix Strevell Fraudulently Transferred $85,000 to His Daughter to Avoid Paying Federal RestitutionRead the Press Release
ALBANY, NEW YORK – On July 6, 2018, a Federal District Court judge entered a judgment in the amount of $85,706.61 against J. Felix Strevell (“Strevell”) and his adult daughter Nicole Childrose (“Childrose”) after the judge found that Strevell fraudulently transferred over $100,000.00 to Childrose to avoid his obligation to pay restitution to the State of New York (“NYS”) following a 2009 criminal fraud conviction, announced United States Attorney Grant C. Jaquith.
From 1997 to 1999, Strevell served as the NYS Deputy Secretary of State. In 1999, he left that position to serve as the head of the Institute for Entrepreneurship, a state-sponsored nonprofit agency. In 2007, Strevell was indicted by a federal grand jury and charged with defrauding NYS by fraudulently using the Institute’s funds for his own personal use and that of his family. He eventually pled guilty and on March 27, 2009, a judgment was entered against him that, among other things, required him to pay $111,500 in restitution to NYS.
After an investigation by the United States Attorney’s Office, on June 14, 2016, the government filed a civil Complaint against Strevell and Childrose, a full-time college professor, alleging that instead of paying his court-ordered restitution, between September 2012 and June 2014, Strevell diverted a total of $159,046.00 to Childrose. The Complaint also alleged that in May 2014, Strevell paid for substantially all of Childrose’s wedding expenses, including three wedding gowns, and her honeymoon. Additionally, in November 2015, Strevell paid $13,871.80 in cash to satisfy Childrose’s unpaid property tax obligations to avoid the property being sold at auction. During this same time period, Strevell paid only $6,750.00 in restitution. The Complaint alleged that the significant monetary transfers to Childrose rendered Strevell incapable of paying off the remainder of his restitution obligation.
United States Attorney Grant C. Jaquith said: “Strevell cheated New York State taxpayers a second time by shirking his restitution obligation, hiding his assets and income, and funneling money to his adult daughter. As this case demonstrates, we will use every appropriate avenue to enforce restitution judgments and fight fraudulent efforts to forestall fulfillment of them.”
In a written decision, the Court found that the United States had proven, through 159 separate exhibits, that Strevell had withdrawn cash from various business accounts and then deposited the cash into his daughter’s personal bank account. In concluding that the transfers to Childrose were fraudulent, the Court noted that the transactions were made from bank accounts Strevell hid from the government. Additionally, when prosecutors deposed Strevell in 2014 to inquire into his financial resources and failure to pay his restitution obligation, he lied under oath about the financial support he provided to Childrose and the significant financial contributions he made to her 2014 wedding. As a result of this false testimony, Strevell was ultimately indicted by a federal grand jury and charged with five counts of perjury. Strevell eventually pled guilty to all five counts and admitted that he had in fact given his daughter more than $30,000.00 for wedding expenses and paid for substantially all of her wedding expenses. He is currently serving a 30-month prison term. In its decision in the civil case, the Court noted that neither Strevell nor Childrose presented any evidence to contradict the overwhelming evidence that Strevell had unjustly enriched his grown daughter instead of complying with his restitution obligation.
In October 2016, the government began garnishing Strevell’s monthly NYS state pension and applied those monies to Strevell’s restitution obligation. Therefore, by the time the United States moved for summary judgment against the defendants in February 2018, Strevell owed $85,706.61.00 in restitution. In its decision, the Court noted that credit toward the judgment amount would be given for any restitution payments made after the United States filed its summary judgment motion and before the date of the court’s decision. After accounting for the monies collected from Strevell’s pension, as of the date of the Court’s decision on July 6, 2018, Strevell owed NYS over $80,000.00.
This case was investigated by the Financial Litigation Unit of the U.S. Attorney’s Office’s Civil Division. The lawsuit was handled by Assistant U.S. Attorney Cathleen B. Clark.
Federal Inmates Plead Guilty to Weapons ChargesRead the Press Release
BLUEFIELD, W.Va. – United States Attorney Mike Stuart announced today that two inmates at the Federal Correctional Institution at McDowell pled guilty to possessing handcrafted weapons known as “shanks.”
“Shanks. So many shanks. All too frequently, inmates are found to be in possession of weapons, or shanks,” said United States Attorney Mike Stuart. “The importance of the searches conducted by Bureau of Prison staff members cannot be overstated.”
Carlos Diaz-Bernard, 34, admitted that on February 14, 2018, he possessed a piece of plastic sharpened to a point on one end and hidden inside his pants. Ricardo Delgado-Vazquez, 36, admitted that on April 20, 2018, he possessed a piece of metal sharpened to a point on one end, which he had hidden in the sleeve of his jacket. Prison staff members found the weapons during searches of the inmates. The two men face up to five years in prison, consecutive to the sentences they are now serving. Their sentencings are scheduled for November 27, 2018.
The Federal Bureau of Prisons investigated the cases, and Assistant United States Attorney John File is handling the prosecutions. Senior United States District Judge David A. Faber presided over the plea hearings.
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