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Thursday 26 July 2018
Federal Complaint Charges Buncombe County Man with Second Degree MurderRead the Press Release
ASHEVILLE, N.C. – A federal criminal complaint was filed today charging Derek Shawn Pendergraft, 20, of Asheville, N.C., with second degree murder, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina.
U.S. Attorney Murray is joined in making today’s announcement by John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division; Neal D. Labrie, Chief Ranger of the Blue Ridge Parkway; and Robert Schurmeier, Director of the North Carolina State Bureau of Investigation (SBI).
According to allegations in the filed criminal complaint, on the evening of July 24, 2018, Pendergraft, an employee of the Pisgah Inn on the Blue Ridge Parkway, reported that a co-worker, identified in the complaint as “S.E.,” was missing. The complaint alleges that, when initially interviewed by investigators, Pendergraft stated that he and S.E. both got off work shortly after four p.m. and decided to go for a hike on an unnamed trail near the employee housing area of the Pisgah Inn. Pendergraft stated that shortly after starting their hike it began to rain and S.E. decided to return to the housing area while he continued to hike. According to the complaint, Pendergraft stated that on his way back, upon reaching the point where he last saw S.E., Pendergraft saw her umbrella and hat lying on the ground. Pendergraft stated that he immediately began to search for S.E. and informed the management staff at the Pisgah Inn that she was missing. Rangers and first responders searched the area and located S.E.’s body lying off an embankment, near a trail, within the boundary of the Blue Ridge Parkway, in Transylvania County, in the Western District of North Carolina.
The complaint alleges that, on the evening of July 25, 2018, the manager of the Pisgah Inn contacted law enforcement and advised that Pendergraft was in her office and had confessed to killing S.E. Law enforcement arrived at Pisgah Inn, interviewed Pendergraft, and arrested him shortly thereafter in connection with S.E.’s murder.
Pendergraft is currently in custody. The charge carries a maximum penalty of life in prison.
A complaint is merely an allegation and the defendant is presumed innocent unless and until proven guilty beyond reasonable doubt in a court of law.
In making today’s announcement, U.S. Attorney Murray thanked the National Park Service, the FBI, the SBI, the Transylvania County Sheriff's Office, the Haywood County Sheriff's Office, and the Cruso Fire Department for their respective work and assistance in this case.
The prosecution is being handled by Assistant U.S. Attorney Don Gast, of the U.S. Attorney’s Office in Asheville.
Federal Authorities Arrest Two Former Bexar County Jail Guards for Conspiring to Smuggle Contraband to InmatesRead the Press Release
In San Antonio today, two former detention officers at the Bexar County Adult Detention Center (BCADC) face federal charges for their alleged scheme to smuggle methamphetamine to inmates, announced United States Attorney John F. Bash; FBI Special Agent in Charge Christopher Combs, San Antonio Division, and Bexar County Sheriff Javier Salazar.
A four count federal grand jury indictment unsealed today charges 29–year-old Gabriel Robert Ortiz and 26–year-old Ruben Hernandez with one count of conspiracy to possess with intent to distribute methamphetamine. Ortiz is also charged with three substantive counts of attempted possession with intent to distribute methamphetamine. Hernandez is also charged with one substantive count of attempted possession with intent to distribute methamphetamine
The indictment alleges that the defendants carried out their alleged scheme from May 4, 2018, until June 22, 2018.
Upon conviction, the defendants face up to 20 years in federal prison.
The FBI and the Bexar County Sheriff’s Office is investigating this case. Assistant United States Attorney Greg Surovic is prosecuting this case on behalf of the Government.
It is important to note that a federal grand jury indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law
Empire Man Sentenced for Mail Fraud in Connection to Deepwater Horizon Compensation FundRead the Press Release
U.S. Attorney Duane A. Evans announced that TONY RILEY, age 49, of Empire, Louisiana, was sentenced today to six months of home detention and three years of probation by U.S. District Judge Jane Triche Milazzo for committing mail fraud in relation to the BP settlement fund for the Deepwater Horizon oil rig explosion. Judge Milazzo also ordered RILEY to pay restitution in the amount of $166,261.16 to the Deepwater Horizon Economic Claims Center.
According to court documents, RILEY submitted a claim for lost profits from his seafood business to the Gulf Coast Claims Facility (GCCF) and the Deepwater Horizon Economic Claims Center (DHECC). Initially, due to RILEY’S incomplete information, GCCF made a “Quick Pay” settlement offer of $25,000.00. RILEY did not accept that offer and subsequently submitted additional records that included false information to the GCCF and DHECC. In those records, RILEY inflated his income from his seafood business in 2009 in order to qualify for additional reimbursement from the settlement fund. In March 2013, due to the fraudulent information that RILEY submitted, the DHECC sent RILEY checks worth a total settlement of $221,681.62.
U.S. District Judge Carl J. Barbier, who presided over the BP settlement litigation, already ordered RILEY’S attorneys to repay the portion of RILEY’S settlement that the attorneys retained as fees. Those attorneys complied with Judge Barbier’s order, resulting in the total restitution amount of $166,261.16 that Judge Milazzo ordered RILEY to repay as part of his sentence.
U.S. Attorney Evans praised the work of the Secret Service New Orleans Field Office. Assistant United States Attorney Matthew R. Payne is in charge of prosecution.
Eight Men Sentenced in Manhattan Federal Court for Their Roles in Bronx Mail Theft ConspiracyRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that eight defendants have been sentenced to prison terms by United States District Judge Gregory H. Woods for their participation in a long-running scheme to steal mail from Bronx mailboxes. All eight defendants previously pled guilty before Judge Woods. Between May 2015 and at least January 2017, BRIAN MARTE, a/k/a “Trini Rabiia,” ERICKSON BATISTA, a/k/a “Niike Batista,” JUNIOR TAVERAS, a/k/a “Tuh Relambio,” ANGEL ARISTY, a/k/a “Frekiitho Lindo Colon,” LUIS ROSADO, a/k/a “El Menolsito Tejada,” EOSCATERYS POLANCO, BRAYAN RODRIGUEZ, a/k/a “New Black El Paisano,” and RONARDO BAEZ, a/k/a “Tuchokoo Baez,” the defendants, each participated in a scheme to steal mail and deposit stolen checks and money orders using other individuals’ debit cards.
U.S. Attorney Geoffrey S. Berman said: “These defendants ‘fished’ for checks and money orders from U.S. Postal Service mailboxes like shooting fish in a barrel, and in doing so caused serious harm to Bronx residents. As a result of their crimes, the defendants have been delivered to the criminal justice system and will now serve prison sentences.”
According to the Indictment filed in Manhattan federal court, as well as previous court filings and statements made in public court proceedings:
Since 2015, U.S. Postal Inspection Service (“USPIS”) and other local and federal agencies, including the New York City Police Department (“NYPD”), Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, have been investigating mail theft from mailboxes in the Bronx, New York. The investigation has revealed that individuals steal mail either by illicitly obtaining mail box keys or by “fishing.” Fishing involves inserting homemade mail theft devices into mailboxes located on street corners or other publicly accessible places. After gaining access to the mail in the mailbox, a thief typically will remove any mail that appears to contain checks or money orders. During the beginning and end of the month, when many people mail checks for rent and bills, a thief can steal checks worth tens of thousands of dollars in a single night.
After perpetrators fish checks and money orders out of mailboxes, they sell the checks and money orders to others, remove the payees’ names by “washing” the checks and money orders, or simply deposit the checks and money orders into a bank account. In various iterations of the scheme, those bank accounts have belonged to the mail thieves, to complicit accountholders, or to unsuspecting third parties whose debits cards or personal identifying information have been stolen.
Since late 2015, USPIS and NYPD enforcement operations have resulted in over 50 state arrests of individuals for theft of mail in the Claremont Park area of the Bronx, and over $750,000 in checks and money orders has been traced to these mail theft schemes. The eight defendants sentenced by Judge Woods each participated in these related schemes. Additionally, MARTE illegally possessed a defaced firearm.
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POLANCO, 24, of the Bronx, New York, was sentenced by Judge Woods on July 25, 2018, to a total term of 24 months in prison, and five years of supervised release.
BATISTA, 26, of the Bronx, New York, was sentenced by Judge Woods on May 18, 2018, to a total term of 30 months in prison, and three years of supervised release.
RODRIGUEZ, 24, of the Bronx, New York, was sentenced by Judge Woods on May 16, 2018, to a total term of seven months in prison, and three years of supervised release.
ROSADO, 21, of the Bronx, New York, was sentenced by Judge Woods on April 17, 2018, to a total term of six months in prison, and three years of supervised release.
MARTE, 21, of the Bronx, New York, was sentenced by Judge Woods on April 5, 2018, to a total term of 27 months in prison, and three years of supervised release.
TAVERAS, 20, of the Bronx, New York, was sentenced by Judge Woods on March 27, 2018, to a total term of 24 months in prison, and one year of supervised release.
ARISTY, 20, of the Bronx, New York, was sentenced by Judge Woods on March 26, 2018, to a total term of 11 months in prison, and three years of supervised release.
BAEZ, 22, of the Bronx, New York, was sentenced by Judge Woods on March 19, 2018, to a total term of six months in prison, and three years of supervised release.
In addition to the prison terms, Judge Woods also ordered that the defendants pay over $150,000 in restitution to victims of the offenses.
Mr. Berman praised the outstanding investigative efforts of the USPIS and NYPD.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Catherine Ghosh and Stephanie Lake are in charge of the prosecution.
Eagle Butte Woman Sentenced for Conspiracy to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 23, 2018, by U.S. District Judge Roberto A. Lange.
Sierra Bridwell, a/k/a Sierra Red Water, a/k/a Sierra High Elk, age 22, was sentenced to the mandatory minimum, 60 months in federal prison, 4 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Bridwell was indicted by a federal grand jury on November 14, 2017. She pled guilty on May 2, 2018.
The conviction stems from a conspiracy beginning in at least March of 2017, when it was discovered that Bridwell and her co-Defendant received distributable quantities of methamphetamine and distributed some of that methamphetamine in South Dakota. The individuals who provided them with the distributable quantities of methamphetamine knew that Bridwell and her co-Defendant intended to engage in further distribution of the methamphetamine.
It was reasonably foreseeable to Bridwell that at least 200 grams of methamphetamine would be distributed during the course of the conspiracy.
Methamphetamine is a Schedule II controlled substance.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Bridwell was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Assaulting a Federal Officer and Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer and Failure to Register as a Sex Offender was sentenced on July 23, 2018, by U.S. District Judge Roberto A. Lange.
On the assault conviction, Jasyn Curley, age 23, was sentenced to 9 months in federal prison, and a special assessment to the Federal Crime Victims Fund in the amount of $25. On the failure to register conviction, Curley was sentenced to 18 months in federal prison, 5 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Curley was indicted by a federal grand jury on February 14, 2018. He pled guilty on May 2, 2018.
In January of 2018, Curley, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, did knowingly fail to register and update his registration.
The assault conviction stemmed from an incident on November 17, 2017, when Curley was arrested for being intoxicated and disorderly. While the officers were placing him in handcuffs, Curley resisted and pulled away from the officers. The officers were able to restrain Curley, and while escorting him to the patrol car, Curley would not walk and refused to get into the back seat of the patrol car. The officers eventually were able to place Curley in the backseat of the patrol car. Upon arrival at the corrections facility, Curley was being escorted into the facility by corrections staff. Curley turned towards the officer who arrested him and spit in his face.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
Curley was immediately turned over to the custody of the U.S. Marshals Service.
District Man Sentenced to 30 Months in Prison for Robbing Northwest Washington BankRead the Press Release
WASHINGTON – Steven Davis, 40, of Washington, D.C., was sentenced today to 30 months in prison for robbing a bank in Northwest Washington last fall, announced U.S. Attorney Jessie K. Liu, Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Davis pled guilty in April 2018, in the U.S. District Court for the District of Columbia, to bank robbery. He was sentenced by the Honorable Timothy J. Kelly. Following his prison term, Davis will be placed on three years of supervised release.
According to court documents, on Nov. 7, 2017, at approximately 2:30 p.m., Davis entered a branch of TD Bank in Dupont Circle, wearing a baseball hat and one latex glove. Davis approached the teller counter and handed the teller a handwritten note that stated “I have a bag full of explosives hand over the $ now or die.” The teller pulled $500 from the cash register and handed it over. Davis placed the money in his canvas bag and left the bank branch.
Officers with the Metropolitan Police Department arrived immediately after the robbery and searched the area. Davis attempted to flee by entering the DuPont Circle Metro station. MPD Officers arrested Davis on the lower level platform of the station while he was waiting for a Metro train. He possessed $490 of the $500 he stole from the TD Bank branch.
In announcing the sentence, U.S. Attorney Liu, Assistant Director in Charge McNamara, and Chief Newsham commended the work of those who investigated the case from the FBI’s Washington Field Office and MPD. They also expressed appreciation for the work of Assistant U.S. Attorney Kevin L. Rosenberg, who prosecuted the case.
District Man Pleads Guilty to Federal Firearms ChargeRead the Press Release
WASHINGTON –Tyrone Hopkins, 25, of Washington, D.C., pled guilty today to a federal firearms charge stemming from his arrest last fall in a narcotics investigation, announced U.S. Attorney Jessie K. Liu, Thomas L. Chittum III, Special Agent in Charge of the Washington Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Hopkins pled guilty in the U.S. District Court for the District of Columbia to possession of a firearm in furtherance of a drug trafficking crime. He is to be sentenced on Aug. 10, 2018, by the Honorable Amy Berman Jackson. Hopkins faces a mandatory minimum sentence of five years in prison and a maximum sentence of life. He remains in custody pending sentencing.
According to the government’s evidence, Hopkins was arrested on Oct. 16, 2017, in the 1900 block of West Virginia Avenue NE after he and another man sold crack cocaine to an undercover MPD officer. When MPD officers arrested Hopkins, they discovered an additional amount of crack cocaine in his pocket and a loaded firearm tucked in his waistband. Hopkins had previously been convicted of a felony offense and was, at the time of his arrest, on pre-trial release for a pending drug charge in the Superior Court of the District of Columbia.
The firearm recovered from Hopkins was linked to a broader investigation into a firearms ring that acquired guns in Atlanta, Ga., and transported weapons into the District of Columbia for resale. According to the evidence, the gun in Hopkins’s possession was purchased by Jeremy Carr at a store in Smyrna, Ga. Carr, 34, of Marietta, Ga., has been indicted along with two co-defendants on federal charges in a separate case in the District of Columbia, including a charge of taking part in a conspiracy to engage in the business of dealing in firearms without a license. All three defendants have pled not guilty to charges and are awaiting further court proceedings.
According to court documents filed in the case against Carr, more than 20 firearms that Carr purchased have already been recovered in the District of Columbia.
These cases are being investigated by ATF and MPD. They are being prosecuted by Assistant U.S. Attorneys Kevin L. Rosenberg and Gregory Rosen of the Violent Crime and Narcotics Trafficking Section of the U.S. Attorney’s Office for the District of Columbia.
Delaware County Owner of Mortgage and Title Companies Sentenced to Five Years in Prison for Defrauding LendersRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that George Barnard, of Newtown Square, was sentenced today to five years in federal prison for defrauding lenders of almost $13 million. Barnard, 47, pleaded guilty to multiple fraud counts in April. He was also ordered to pay restitution in the amount of $12,774,941.89 and to forfeit $4,262,279.38 in proceeds he obtained through his commission of the offense.
From 2005 to March 2013, Barnard, who was one of the two owners of Capital Financial Mortgage Corporation ("CFMC") and also the owner of several title companies, defrauded banks out of almost $13 million dollars. Instead of using the money to fund mortgage loans for borrowers and pay off the borrowers’ existing mortgages, Barnard took the money for his personal benefit, including buying yachts, luxury cars, multi-million dollar beach homes in Avalon, New Jersey, and even paying the salary of a yacht captain.
“The defendant’s life of luxury came at the expense of those he defrauded,” said U.S. Attorney McSwain. “This was a sophisticated scheme that went on for almost a decade. The defendant will no longer need his personal yacht captain while he spends the next five years in a federal prison.”
There were numerous victims in this case. The defendant defrauded numerous lenders – lenders who loaned money to CFMC, lenders who bought mortgages written by CFMC, and lenders who loaned the defendant himself millions of dollars to buy his luxury beach homes and yachts. In addition to defrauding all of these lenders, the defendant also defrauded the IRS when he filed blatantly false tax returns that failed to declare millions of dollars in income and resulted in a total tax loss of at least $954,633. Finally, the defendant harmed over two dozen individual borrowers who turned to CFMC to obtain a refinance mortgage and who suddenly found their homes encumbered by not one but two separate mortgages – after the defendant failed to pay off their existing mortgages and then sold their new mortgages to other lenders.
The case was investigated by the Federal Bureau of Investigation, the Department of Housing and Urban Development, Office of Inspector General, and the Internal Revenue Service, Criminal Investigative Division, and is being prosecuted by Assistant United States Attorney Michael S. Lowe.
Delaware County Couple Sentenced for Sexual Exploitation of a 17-Month-Old ChildRead the Press Release
BINGHAMTON, NEW YORK – Justin Crandall, age 30, and Jessica Crandall, age 28, both of Sidney, New York, were sentenced yesterday to serve 50 years (Justin) and 25 years (Jessica) in prison and lifetime terms of supervised release in connection with their previously entered guilty pleas to Sexual Exploitation of a Child, announced United States Attorney Grant C. Jaquith, Charles Margiotta, Acting Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation (FBI), and George P. Beach, II, Superintendent of the New York State Police.
In pleading guilty, Justin Crandall and Jessica Crandall admitted that in 2016 and 2017 they resided in Sidney, New York (Delaware County), and provided daycare on a weekly basis at their residence for a 17-month old child. During that time period, and while the 17-month old child was in their care, the Crandalls used the child to engage in sexually explicit acts, while Justin Crandall produced videos and images of this conduct. The FBI and New York State Police executed search warrants at the Crandall’s’ residence and located the sexually explicit videos and images on a cellular telephone.
Justin Crandall and Jessica Crandall were questioned by the New York State Police and voluntarily confessed in video and audio-recorded interviews to sexually exploiting the 17-month old child.
The investigation in this case was conducted by the FBI Syracuse Mid-State Child Exploitation Task Force, consisting of FBI Agents and Investigators of the New York State Police, Bureau of Criminal Investigation. This case was prosecuted by Assistant U.S. Attorney Miroslav Lovric.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Defendant sentenced in international business email compromise scamRead the Press Release
ATLANTA – Kerby Rigaud, who participated in an international business email compromise scheme, has been sentenced to federal prison for conspiracy to commit wire and bank fraud and money laundering.
“Rigaud and his co-conspirators stole over $1 million from victims while perpetrating their email scam,” said U. S. Attorney Byung J. “BJay” Pak. “Citizens are urged to carefully scrutinize any email directing the transfer of money via wire.”
“Rigaud and his co-conspirators used cyberspace to organize a complex criminal scheme that crossed borders and defrauded numerous people right here in Georgia,” said Malcolm D. Wiley, Acting Special Agent in Charge of the United States Secret Service, Atlanta Field Office. “Today’s sentence should be a warning to other like-minded criminals that take advantage of unsuspecting victims that they will be punished for their crimes.”
According to U.S. Attorney Pak, the charges and other information presented in court: From April 2015 through April 2016, Rigaud served as a key player an international business email compromise scam impacting victims across the U.S., including in the Northern District of Georgia.
In numerous instances, victims received emails that appeared to be from trusted sources, including banking representatives and closing agents. In reality, Rigaud’s co-conspirators sent the emails, directing the victims to wire money to specific bank accounts, some of which were opened in the metro-Atlanta area. In some instances, the co-conspirators hacked email accounts or they “spoofed” the email addresses, causing the email address to appear as if it were sent by a trusted source, when in reality, it was sent from a different account.
Rigaud recruited numerous individuals who agreed to allow him use their bank accounts for the purpose of receiving large wires from unwitting victims. After receiving the wires, Rigaud directed his recruits on where to send the money, including to a number of financial institutions in Asia. Rigaud and his co-conspirators attempted to steal over $1 million during the timeframe of the conspiracy.
Kirby Rigaud, 27, of Duluth, Georgia, was sentenced to two years, three months in prison to be followed by three years of supervised release following his prison term. He was also ordered to pay restitution in the amount of $176,059.03.
This case was investigated by the U.S. Secret Service.
Assistant U.S. Attorney Kamal Ghali, Deputy Chief of the Cyber and Intellectual Property Crime Section, prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Defendant arraigned for seriously injuring an FBI agentRead the Press Release
ATLANTA - Cedrick Hill has been arraigned on a federal charge for assaulting an FBI agent with his truck in an attempt to evade arrest. Hill was a fugitive at the time his arrest, having been previously indicted on federal charges for alleged drug offenses.
“Hill allegedly attempted to flee arrest, showing no regard for life when he seriously injured an FBI agent,” said U.S. Attorney Byung J. “BJay” Pak. “This case is an important reminder of the risks that our law enforcement officers face every day to keep our community safe. We support the work they do and have zero tolerance those who bring them harm.”
“The actions of this defendant were reprehensible, with absolute disregard for the life of our agent,” said Murang Pak, Acting Special Agent in Charge of FBI Atlanta. “The agent was dragged for about a quarter mile at high speeds before the defendant stopped the vehicle due to the defendant’s injuries. Our agent displayed tremendous courage and calm under fire during this very difficult situation. Fortunately, our agent is recovering from his injuries and will have his day in court for this blatant attack on a federal officer.”
According to U.S. Attorney Pak, the charges, and other information presented in court: In January 2018, Hill was a fugitive, having previously been indicted by a federal grand jury in a 30-defendant indictment for drug offenses. On January 5, 2018, FBI agents believed Hill was located at a hotel in Sandy Springs, Georgia. Upon arrival at the hotel, an agent encountered Hill in the foyer and told him he was under arrest.
Hill began to put his arms behind his back, but pulled away as the agent began to handcuff him. Hill then allegedly ran through the lobby and exited the hotel with the agent in pursuit. The defendant ran to his truck to escape arrest. The agent attempted to stop him, and became lodged in the driver’s side door.
With the agent dangling from the door, Hill allegedly sped through the parking lot at a high rate of speed and hit another vehicle, crushing the agent at the point of impact and breaking his arm and femur. The agent managed to discharge his service weapon with his free hand, striking Hill twice.
Despite being shot, Hill drove out of the hotel parking lot, crossed Interstate 285, and turned down an access road before stopping the vehicle and releasing the injured agent onto the side of the road. The injured agent managed to call 911 and request medical care for himself and Hill. The defendant drove back to the hotel, where he was treated by first responders and later arrested. The agent remained on the side of the road until he was located by first responders.
Cedrick Hill, 26, of Marietta, Georgia was arraigned before U.S. Magistrate Judge Justin S. Anand for assaulting an FBI agent. Hill was indicted by a federal grand jury on July 17, 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 Federal Bureau of Investigation.
Assistant U.S. Attorney Jessica C. Morris is 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.
Colorado Springs Man Found Guilty of Wire Fraud and Securities Fraud Following U.S. District Court TrialRead the Press Release
DENVER – A jury yesterday found Daniel Coddington, age 63, of Colorado Springs, Colorado, guilty of wire and securities fraud, U.S. Attorney Bob Troyer and FBI Denver Division Special Agent in Charge Calvin Shivers announced. The guilty verdicts came following a 12-day trial before U.S. District Court Judge R. Brooke Jackson in U.S. District Court in Denver. Coddington, who is free on bond, will be sentenced by Judge Jackson on November 9, 2018.
According to court documents and evidence presented during the trial, from at least early 2010 through late 2011, Coddington held himself out to investors and intermediaries to be the principal and owner of a company called Golden Summit Investors Group Ltd. (“Golden Summit”). He operated Golden Summit from Colorado Springs, Colorado. From at least early 2010 through at least late 2011, he described to investors and intermediaries a program through which investor money would be used to purchase collateralized mortgage obligations or CMOs -- an investment consisting of a pool of mortgages organized by maturity and risk. Coddington told investors that the CMOs had face values exponentially larger than their purchase price and market value. According to the defendant, the CMOs would then be “hypothecated” to obtain loans in the amount of a percentage of the face value of the CMO. The amount of these loans would still be exponentially larger than the purchase price and market value of the CMOs (known as the “CMO Trade Program”).
Coddington told most of the investors that, from the proceeds of the loans, the investors would receive pre-trade distributions and that the remainder of the loan proceeds would be placed into an investment program that would yield high returns. From at least 2010 through late 2011, the defendant described to investors and intermediaries that investors who owned CMOs could transfer their CMOs to Golden Summit for the purpose of participating in the CMO Trade Program. In approximately April 2011, the defendant told an investor, who ultimately invested $9,000,000 dollars with Golden Summit that $60,000,000 of the loan proceeds obtained from “monetizing” the CMOs purchased with the investor’s money would be provided to the investor in the form of two non-recourse loans in the amount of $30,000,000 each (known as the “CMO Loan Program”).
Coddington falsely represented to investors and intermediaries that he had the experience and contacts necessary to successfully conduct and complete the CMO Trade Program and the CMO Loan Program. Further, from at least 2010 through at least mid-2011, Coddington falsely told investors and intermediaries that all of the money provided by investors would be used to purchase CMOs that would be used in the CMO Trade Program and the CMO Loan Program. He also falsely told investors and intermediaries that any fees, commissions, compensation, and payments to Golden Summit and its affiliates would be taken only from the profits of the CMO Trade Program and CMO Loan Program and not from investor money placed into the CMO Trade Program and CMO Loan Program.
During that same time, the defendant falsely represented that, once investor money was received into an account controlled by the defendant, all of the stages of the CMO Trade Program would be accomplished quickly and investors would receive their pre-trade distribution within weeks of their investment followed shortly thereafter by the returns on their investments. In or about April 2011, Coddington falsely represented to the investor in the CMO Loan Program that, once the that investor’s money was received into an account controlled by the defendant, the purchase of the CMOs would occur in approximately one banking day. The defendant further falsely represented to that investor that the funding process for the loan on the CMOs would take approximately three banking days from the time the CMOs were obtained.
From at least November of 2010 through at least June of 2011, the defendant diverted substantial amounts of investor money placed into the CMO Trade Program and the CMO Loan Program for his own personal use and for purposes other than for purchasing CMOs. Further, the defendant did not successfully “hypothecate” or “monetize” any CMOs to obtain loans for either the CMO Trade Program or the CMO Loan Program.
From at least October 2010 through April of 2011, Coddington obtained from investors more than $17,000,000 for the CMO Trade Program and the CMO Loan Program. Despite his failure to successfully complete either the CMO Trade Program or the CMO Loan Program, the defendant did not return most of the investors’ money or any CMO purchased with the investors’ money.
From at least early 2010 through late 2011, the defendant also received CMOs from several investors for purposes of participating in the CMO Trade Program. Coddington kept most of the monthly interest that was paid out on those CMOs while the CMOs were in his and Golden Summit’s possession. For purposes of executing the Scheme, the defendant used, and caused to be used, a number of interstate wires, including emails and money transfers.
Coddington faces not more than 20 years in federal prison per count and up to a $5,000,000 fine. The court could also order the defendant to pay restitution to the investment fraud victims.
“Coddington used his fraudulent scheme to steal millions from his victims.” U.S. Attorney Bob Troyer said. “In Colorado, our federal prosecutors and FBI special agents will work tirelessly to prosecute these crimes and protect the public.”
“The FBI is committed to investigating complex white-collar fraud schemes, and we will continue to pursue those who misuse their position of trust to exploit innocent investors.” said FBI Denver Special Agent in Charge Calvin Shivers. “Today’s conviction of Daniel Coddington should send a clear message that exploitation of investors for personal gain will be vigorously investigated and prosecuted.”
This case was investigated by the Federal Bureau of Investigation (FBI).
The defendant was prosecuted by Assistant U.S. Attorneys Pegeen Rhyne and Anna Edgar.
Colorado Man Indicted for Meth DistributionRead the Press Release
United States Attorney Ron Parsons announced that a Westminster, Colorado, man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.
Matthew Steele, age 34, was indicted on June 12, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 25, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $1,000,000 fine, or both, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 10, 2018, Steele knowingly and intentionally possessed with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, which is a Schedule II controlled substance.
The charge is merely an accusation and Steele is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Steele was remanded to the custody of the U.S. Marshals Service pending trial which has been set for September 18, 2018.
Clinton County Man Sentenced to 7 Years in Prison for Child Porn, Gun ChargesRead the Press Release
CINCINNATI – Floyd Grant Smitty, 30, of Clarksville, Ohio, was sentenced in U.S. District Court to 84 months in prison for possessing both child pornography and a firearm as a convicted felon.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Steve Francis, Special Agent in Charge, U.S. Homeland Security Investigations (HSI), announced the sentence handed down yesterday afternoon by U.S. District Judge Susan J. Dlott.
According to court documents, Smitty used the Kik messenger app to chat with an individual who had advertised that he was a “dad of a 12yo daughter, love talking to other dads/parents who are playful w. theirs mmmmm.” That individual was actually an undercover officer.
In December 2016, on at least two occasions, Smitty sent the undercover officer videos depicting child pornography. One video included, in part, a female child less than six years old performing oral sex on an adult male.
Smitty was arrested on January 20, 2017. Investigators discovered at that time that Smitty possessed a semiautomatic rifle capable of accepting a large capacity magazine. He possessed the gun after being convicted of a felony crime, namely, aggravated trafficking of methamphetamine.
Smitty pleaded guilty in September 2017 to one count of possessing child pornography and one count of possessing a firearm as a convicted felon.
U.S. Attorney Glassman commended the cooperative investigation by HSI, as well as Assistant United States Attorney Megan Gaffney, who is representing the United States in this case.
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Cliffside Park, New Jersey, Man Charged with Distributing Images of Child Sexual AbuseRead the Press Release
NEWARK, N.J. – A Cliffside Park, New Jersey, man was arrested by federal agents today for allegedly distributing images of child sexual abuse, U.S. Attorney Craig Carpenito announced.
George Karkantzelis, 27, was arrested at his home by agents of the Department of Homeland Security, Homeland Security Investigations (HSI). He is charged by complaint with one count of distributing child pornography.
According to documents filed in this case and statements made in court:
Karkantzelis used peer-to-peer file sharing on his computer to distribute files containing images and videos of child sexual abuse, including images of prepubescent children. He made his initial appearance today before U.S. Magistrate Court Judge Steven C. Mannion and was released into third-party custody.
The charge of distributing child pornography carries a mandatory minimum sentence of five years in prison, a maximum potential penalty of 20 years in prison, and a $250,000 fine.
U.S. Attorney Craig Carpenito credited HSI special agents, under the direction of Special Agent in Charge Brian Michael, with the investigation leading to today’s arrest.
The government is represented by Assistant U.S. Attorney Andrew Macurdy of the U.S. Attorney’s Office Criminal Division in Newark.
The charge and allegations in the complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.
Clarksville Man Facing Federal Charges After Shooting at Police OfficersRead the Press Release
NASHVILLE, Tenn. – July 26, 2018 – Elique Camacho, 21, of Clarksville, Tennessee, was indicted yesterday by a federal grand jury for possessing a firearm after being convicted of a crime of domestic violence, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
“This is another example where someone committed an act of violence against our police officers and now, if convicted, faces up to 10 years in federal prison - without parole,” said U.S. Attorney Cochran. “We continue to repeat this message - if you commit an act of violence against a law enforcement officer, the U.S. Attorney’s Office will review the facts and if appropriate, as it is in this case, we will bring federal charges.”
According to the indictment, on June 24, 2018, Clarksville police officers were involved in a vehicle pursuit of Camacho, who was fleeing apprehension. As he was fleeing from the police, Comacho fired several rounds from his vehicle at pursuing officers, before hiding overnight in a wooded area. Comacho was located and arrested the following morning and found to be in possession of a loaded 9mm handgun.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Clarksville Police Department. Assistant U.S. Attorney Brooke Schiferle is prosecuting the case.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Civil Complaint Filed Against Maplewood Dentist for Illegally Prescribing Opioids in Violation of the Controlled Substances ActRead the Press Release
United States Attorney Erica H. MacDonald today announced the filing of a civil complaint against Maplewood dentist DR. JERRY KENT BRUNSOMAN and his clinic INSTITUTE OF FACIAL SURGERY ST. PAUL, PLLC, d/b/a/ IDEALSKIN LASER REJUVENATION CENTER for allegedly issuing illegitimate prescriptions for opioid medications and repeatedly failing to comply with the recordkeeping requirements of the Controlled Substances Act.
United States Attorney Erica MacDonald said, “Medical professionals have an obligation to maintain accurate and complete records of their prescribing practices, particularly when it comes to highly addictive controlled substances. My office and our DEA partners will use all available tools to address the devastating opioid epidemic.”
In the complaint filed today, the United States alleges that BRUNSOMAN unlawfully issued multiple prescriptions for Schedule II controlled substances, namely, oxycodone and hydrocodone, without a legitimate medical purpose. The complaint further alleges that BRUNSOMAN failed to keep complete and accurate records regarding the receipt and dispensing of controlled substances used at his clinic. As a licensed practitioner, BRUNSOMAN must comply with the Controlled Substances Act’s recordkeeping and prescribing requirements, which Congress enacted to prevent the diversion of controlled substances for illegal purposes. As a result of BRUNSOMAN’S alleged actions, hundreds of doses of controlled substances are unaccounted for and presumed to have been diverted for illicit purposes.
The United States is seeking civil monetary penalties and injunctive relief for the defendants’ alleged violations of the Controlled Substances Act.
This case is handled by the Affirmative Civil Enforcement unit of the U.S. Attorney’s Office for the District of Minnesota, and was investigated by the Diversion Group of the Drug Enforcement Administration, Minneapolis-St. Paul District Office.
The civil complaint presents allegations only; there has been no determination of liability or wrongdoing.
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Church Point woman sentenced to nearly 22 years in prison for drug, firearm chargesRead the Press Release
ALEXANDRIA, La. – United States Attorney David C. Joseph announced that a Church Point woman was sentenced Tuesday to 262 months in prison for methamphetamine and cocaine distribution in Acadia and Lafayette parishes, and for illegally possessing a firearm.
Courtney Lynn Daigle, 42, of Church Point, Louisiana, was sentenced by U.S. District Judge Dee D. Drell on one count of conspiracy to distribute and possess with intent to distribute at least 500 grams of methamphetamine and 5 kilograms of cocaine, and one count of possession of a firearm and ammunition by a prohibited person. She was also sentenced to five years of supervised release. According to the November 8, 2017 guilty plea, law enforcement agents identified Daigle as a supplier of methamphetamine while investigating drug distribution in Acadia and Lafayette parishes. Law enforcement executed a federal search warrant on February 3, 2017 at her residence in Church Point and a state search warrant at a related residence in Rayne, Louisiana. As a result, law enforcement recovered a Smith and Wesson SD9VE 9 mm handgun, 60 rounds of 9 mm ammunition, and approximately 679.1 grams of methamphetamine, 873.1 grams of cocaine, 12.9 grams of cocaine base, 589.4 grams of marijuana, 82 dosage units of LSD, 116 dosage units of alprazolam, 1.5 dosage units of hydrocodone, one 10 milliliter vial of testosterone cypionate, and one 10 milliliter vial of testosterone enanthate. Officers also recovered $5,000, digital scales, vacuum bags/sealer, and narcotics packaging.
The DEA, ATF, Louisiana State Police, Lafayette Metro Narcotics Task Force, Acadia Parish Sheriff’s Office and Eunice Police Department conducted the investigation. Assistant U.S. Attorney Daniel J. McCoy prosecuted the case.
Chelsea Man Pleads Guilty to Illegal Firearm PossessionRead the Press Release
BOSTON – A Chelsea man pleaded guilty yesterday in federal court in Boston to being a felon in possession of a firearm.
Cesar Alicea, 22, pleaded guilty to being a felon in possession of a firearm. U.S. District Court Judge Richard G. Stearns scheduled sentencing for Nov. 7, 2018.
In December 2017, Alicea was indicted along with Andres Perez, of Chelsea, who was charged with possessing cocaine base and heroin with intent to distribute. It is alleged that Alicea and Perez are members of the East Side Money Gang.
On Oct. 31, 2017, Alicea was in a car that was stopped by law enforcement officers. As Alicea ran from the police, he was observed throwing an item. Shortly thereafter, Alicea was apprehended by police and arrested. The item was recovered and determined to be a .25 caliber Raven Arms pistol.
The charge of being felon in possession of a firearm provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Revere Police Chief James Guido; and Chelsea Police Chief Brian Kyes made the announcement today. Assistant U.S. Attorneys Timothy E. Moran and Michael Crowley of Lelling’s Organized Crime and Gang Unit are prosecuting the case.
The details contained in the charging document are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Burke Man Sentenced for Assaulting a Federal Officer, Failure to Appear and EscapeRead the Press Release
United States Attorney Ron Parsons announced that a Burke, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer, Failure to Appear, and Escape was sentenced on July 25, 2018, by U.S. District Judge Roberto A. Lange.
Anthony One Star, Jr., a/k/a Tony One Star, age 30, was sentenced to 15 months in federal prison, for the Assaulting a Federal Officer charge, and 5 months in federal prison, for the Failure to Appear and Escape charge to be served consecutively, 2 years of supervised release for both charges to be served concurrently, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
One Star was indicted for Assaulting a Federal Officer by a federal grand jury on May 16, 2017 and pled guilty on November 1, 2017. One Star was indicted for Failure to Appear and Escape by a federal grand jury on May 15, 2018 and pled guilty to that charge on June 27, 2018.
The Assault conviction stemmed from an incident that occurred on March 22, 2017. Rosebud Sioux Tribe Law Enforcement Services (RSTLES) responded to a report of a man lying on the ground screaming for help. An officer helped One Star to his feet and One Star got into a fighting stance and asked the officer if he wanted to “test” him. Following arrest, One Star became combative while being assessed at the Indian Health Services Hospital and spit on a RSTLES officer’s chest.
On November 1, 2017, One Star pled guilty to the Assault charge and was ordered detained in the custody of the U.S. Marshals Service (USMS) pending sentencing on April 2, 2018. One Star was granted release from USMS custody to attend a treatment program, and failed to return to custody as ordered. On April 2, 2018, One Star did not appear for his scheduled sentencing hearing in connection with the aforementioned criminal charge as required.
These cases were investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Federal Bureau of Investigation, and the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
One Star was immediately turned over to the custody of the U.S. Marshals Service.
British Man Sentenced to Ten Years for Traveling to Tennessee for Sex with a Minor and Attempting to Entice a Minor to Have SexRead the Press Release
KNOXVILLE, Tenn. - On July 26, 2018, Roy Anthony Williams, of the Isle of Wight, United Kingdom, was sentenced by the Honorable Thomas A. Varlan, Chief U.S. District Judge, to serve 120 months in federal prison for traveling from the United Kingdom to Tennessee for the purpose of having sex with a minor and attempting to persuade and entice the minor to have sex with him. Following his release from prison, Williams will be supervised by the U.S. Probation Office for 10 years and required to register with the sex offender registry in any state in which he resides, works, or attends school. Williams will also be subject to deportation from the United States following his release from prison.
In March 2018, Williams pleaded guilty to federal charges stemming from his travel from the United Kingdom to Lenoir City, Tennessee, for the purpose of having sex with a 13-year-old girl and then communicating with the girl via text messages in order to arrange for the girl to meet him at a local motel to have sex. The girl’s mother discovered the text messages from Williams on her daughter’s phone and reported the contact to the Lenoir City Police Department. A search of his cellular telephone and computer resulted in the discovery of evidence confirming that Williams had been grooming the girl online for several months, via various social media platforms, to have sex with her.
“Sexual predators like Williams use the Internet and social media to find children, particularly teenagers, to groom and entice for illicit sexual activity. Parents should be vigilant to protect their children from would-be child molesters who are prowling the Internet for young victims,” said J. Douglas Overbey, U.S. Attorney for the Eastern District of Tennessee. “Our office will continue to work with investigative agencies to build cases and prosecute the offenders of these heinous crimes,” added U.S. Attorney Overbey.
This investigation was conducted by the FBI and the Lenoir City Police Department. Assistant U.S. Attorney Matthew Morris represented the United States in court proceedings.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC 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 PSC, please visit www.projectsafechildhood.gov.
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Boynton Beach Resident Convicted of Producing and Possessing Child PornographyRead the Press Release
Yesterday, a West Palm Beach federal jury convicted a Boynton Beach resident of producing and possessing child pornography.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, David Aronberg, State Attorney for Palm Beach County, Robert F. Lasky, Special Agent in Charge, Federal Bureau of Investigation, (FBI), Miami Field Office, and Michael Gregory, Chief, Boynton Beach Police Department, made the announcement.
Tommy R. Findley, 56, of Boynton Beach, Florida, was convicted at trial of one count of production of child pornography, in violation of Title 18, United States Code, Section 2251(a) and (e), and one count of possession of child pornography, in violation of Title 18, United States Code, Section 2252(a)(4)(B). The defendant is scheduled to be sentenced by U.S. District Court Judge Robin L. Rosenberg on October 3, 2018 at 10 a.m. At sentencing, the defendant faces a mandatory minimum sentence of 15 years in prison and a combined statutory maximum sentence of 40 years in prison.
According to evidence and testimony presented at trial, while executing a search warrant at Findley’s residence, the Boynton Beach Police Department uncovered images and videos of child pornography. Located under Findley’s waterbed mattress and in a compartment of the trunk of his SUV, were concealed digital devices. These devices contained sexually explicit images and videos that Findley produced of a 16 year old.
Mr. Greenberg commended the investigation efforts of the FBI and the Boynton Beach Police Department in this matter. Mr. Greenberg thanked Palm Beach County State Attorney Dave Aronberg for the 15th Judicial Circuit and his staff for their assistance. This case is being prosecuted by Special Assistant United States Attorney Justin Hoover and Assistant United States Attorney Gregory Schiller.
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
Bogalusa Church Pastor Pleads Guilty to Theft of over $90,000 in Social Security Disability FundsRead the Press Release
U.S. Attorney Duane A. Evans announced that JERRY R. NEWTON, age 54, of Slidell, Louisiana pleaded guilty to a one count Bill of Information charging Theft of Government Funds, in violation of Title 18, United States Code, Section 641.
According to the Bill of Information, NEWTON applied for Social Security disability benefits under Title II of the Social Security Act. A person receiving disability benefits must truthfully disclose to the Social Security Administration any employment or income while getting the government money. In forms submitted to the SSA, NEWTON failed to disclose that he was the paid pastor of Bogalusa Baptist Church since May of 2007 and that he owned two businesses, Still Dreaming Graphics, LLC and Kclean Sweep, a cleaning service. Due to his concealing of his salary and income produced from his businesses, NEWTON received a total of $95,316 in DIB benefits to which he was not entitled.
NEWTON faces a maximum penalty of ten (10) years imprisonment, followed by up to three (3) years of supervised release, a fine of up to $250,000.00, and a mandatory $100 special assessment, as well as restitution to the Social Security Administration.
A sentencing hearing is set for October 25, 2018 before United States District Court Judge Jane Triche Milazzo. U.S. Attorney Evans praised the work of the Social Security Administration, Office of Inspector General. Assistant U.S. Attorney Carter K. D. Guice, Jr. is in charge of the prosecution.
Beaver County Man Charged with Distributing and Possessing Child PornographyRead the Press Release
PITTSBURGH, PA – A former Beaver County resident has been indicted by a federal grand jury in Pittsburgh on charges of distribution and possession of images depicting the sexual exploitation of a minor, United States Attorney Scott W. Brady announced today.
The eighteen-count indictment, returned on July 24, named Brent Cotman, 32, formerly of Rochester, Pennsylvania.
According to the indictment presented to the court, Cotman distributed images depicting the sexual exploitation of minors, some of whom had not reached the age of 12 years, to seventeen individuals on separate occasions between January 2017 and November 2017. The indictment further charges that on February 1, 2018, Cotman unlawfully possessed still images depicting minors engaged in sexually explicit conduct.
The law provides for a maximum total sentence of not less than 5 years or more than 20 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 offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Carolyn Bloch is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Pennsylvania Attorney General’s Office, and the Beaver County District Attorney’s Office conducted the investigation leading to the indictment in this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood Marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Ashburn False Tax Return Preparer SentencedRead the Press Release
ALBANY: Charles E. Peeler, United States Attorney for the Middle District of Georgia, announces the sentencing of Markeith L. Smith, age 36, of Ashburn, GA, on July 25, 2018, in Albany by the Honorable Leslie J. Abrams, United States District Judge for the Middle District of Georgia. Mr. Smith previously pled guilty to wire fraud based on filing false tax returns with the Internal Revenue Service. Mr. Smith was sentenced to a term of imprisonment of 24 months. He was also ordered to pay restitution to the Internal Revenue Service in the amount of $518,145.
According to Mr. Smith’s plea agreement, law enforcement agents executed a search warrant at his residence and recovered identifying information for approximately 121 people and approximately 40 TurboTax or GreenDot cards in the names of people who did not reside at Mr. Smith’s address. IRS officials analyzed the identifying information and determined that approximately 352 false tax returns had been filed using that information, claiming refunds totaling over one million dollars, of which actual refunds were issued totaling $518,145. Mr. Smith’s email user ID was used to file many of those returns. All people interviewed by IRS investigators whose personal identifying information was found at Mr. Smith’s house stated that they were victims of identity theft, the returns filed in their names were fraudulent, they had received no refunds from those returns, and they had not authorized Mr. Smith to file returns on their behalf.
“Protecting taxpayer money and protecting innocent Americans from identity theft are top priorities of the United States Attorney’s Office,” said United States Attorney Charles E. Peeler. “I would like to thank the Criminal Investigation Division of the Internal Revenue Service and the Turner County Sheriff’s Office for bringing this defendant to justice.”
“This sentencing should show that when you steal someone’s identity and use it unlawfully, you will be sentenced to at least 2 years in prison,” said Thomas J. Holloman, Special Agent in Charge, IRS-Criminal Investigation. “IRS Special Agents will continue to investigate criminals who commit identity theft through the preparation of tax returns that generate tax refunds with the full support of our partners at the United States Attorney’s Office.”
The case was investigated by the Criminal Investigation Division of the Internal Revenue Service and the Turner County Sheriff’s Office, and was prosecuted by Assistant United States Attorney K. Alan Dasher.
Questions concerning this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
Armed Drug Trafficker Sentenced to 6 Years in PrisonRead the Press Release
PROVIDENCE, RI – A Providence man previously convicted on firearm and drug trafficking charges in Rhode Island state court, and who subsequently obtained two firearms through a straw-purchase, was sentenced today to 72 months in federal prison on drug trafficking and firearm charges.
Lawrence M. Crowell, 32, was indicted and arrested in December 2016, during a year-long Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Providence Police Project Safe Neighborhood investigation to identify individuals possessing or trafficking firearms in and around the Chad Brown neighborhood of Providence,
Project Safe Neighborhoods is a federal, state and local law enforcement collaboration to identify, investigate and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.
Crowell pleaded guilty on February 27, 2017, to one count each of possession with intent to distribute marijuana, felon in possession of a firearm and possession of a firearm in furtherance of drug trafficking.
At sentencing, U.S. District Court Judge John J. McConnell also ordered Crowell to serve two years supervised release upon completion of his term of incarceration.
As stipulated in a plea agreement filed with the Court, the government and the defense recommended the court impose a sentence of 72 months incarceration. The U.S. Sentencing Guideline imprisonment range in this matter is 97-106 months.
Crowell’s sentence is announced by United States Attorney Stephen G. Dambruch; Mickey Leadingham, Special Agent in Charge of the Boston Field Division of ATF; and Providence Police Chief Colonel Hugh T. Clements, Jr.
According to court documents, on November 17, 2016, an individual assisting law enforcement purchased $900 worth of marijuana from Crowell. During the transaction, which took place inside Crowell’s Chad Brown neighborhood apartment, Crowell removed a Sig Sauer pistol from his pocket and provided it to the individual for examination. Crowell told the individual that the firearm was “legit” and that he knew another person who had other types of firearms for sale. The firearm was returned to Crowell.
On November 21, 2016, ATF Agents, members of the ATF Task Force and Providence Police executed a court-authorized search of Crowell’s residence. In a bedroom, agents found nearly 363 grams of marijuana and the Sig Saur pistol. The firearm was loaded with 12 rounds of hollow point ammunition and outfitted with a laser sight.
Additionally, in an attic, agents found a Ruger pistol secured by a gunlock, the key to which was found on Crowell’s key chain. The Ruger was loaded with 6 rounds of hollow point ammunition.
The case was prosecuted by Assistant U.S. Attorney Milind M. Shah.
The ATF Task Force is comprised of agents and officers from ATF, Providence Police Department, Pawtucket Police Department, Cranston Police Department, Rhode Island State Police, Providence Fire Department and the Rhode Island Department of Corrections.
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Amite Residents Charged with Civil Rights Crimes for Abusing Family Member with DisabilitiesRead the Press Release
WASHINGTON – A federal grand jury in New Orleans, Louisiana, returned a six-count human trafficking and hate crime indictment relating to the abuse of D.P., a 22-year-old woman with disabilities, in Amite, Louisiana. Raylaine Knope, 42, Terry J. Knope, II, 45, Jody Lambert, 23, and Taylor Knope, 20, are charged with one count of conspiring to obtain the forced labor of D.P., in violation of 18 U.S.C. § 1594(b); one count of forced labor, in violation of 18 U.S.C. § 1589; and one count of using force and threats of force to interfere with D.P.’s federal Fair Housing Act rights because of her disability, in violation of 42 U.S.C. § 3631. Raylaine Knope and Terry J. Knope, II are also charged with one count of attempted sex trafficking of D.P., in violation of 18 U.S.C. §§ 1591 and 1594(a); and Terry J. Knope, II is charged with one count of a hate crime for shooting D.P. with a BB gun because of her disability, in violation of 18 U.S.C. § 249(a)(2), and one count of theft of government funds for stealing D.P.’s federal disability benefits, in violation of 18 U.S.C. § 641. In addition, in a related matter, Bridget Lambert, 21, was separately charged in a one-count Bill of Information for conspiring to obtain the forced labor of D.P., in violation of 18 U.S.C. § 371.
The forced labor, forced labor conspiracy, and Fair Housing Act charges against Raylaine Knope, Terry J. Knope, II, Jody Lambert, and Taylor Knope carry a statutory maximum penalty of life imprisonment. The sex trafficking charge against Raylaine Knope and Terry J. Knope, II, carries a mandatory minimum penalty of fifteen years imprisonment, with a statutory maximum penalty of life imprisonment. The hate crime charge and the theft of government funds charge against Terry J. Knope, II, each carry a statutory maximum penalty of ten years imprisonment. The separate conspiracy charge against Bridget Lambert carries a statutory maximum penalty of five years’ imprisonment.
An indictment and a bill of information are formal accusations of criminal conduct, not evidence of guilt. The defendant is presumed innocent unless and until proven guilty.
This case was investigated by the FBI Field Office in New Orleans, Louisiana, and is being prosecuted by Trial Attorneys Risa Berkower and Nicholas Reddick of the Justice Department’s Civil Rights Division, and Assistant United States Attorney Julia Evans, of the U.S. Attorney’s Office for the Eastern District of Louisiana.
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Amite Residents Charged with Civil Rights Crimes for Abusing Family Member with DisabilitiesRead the Press Release
A federal grand jury in New Orleans, Louisiana, returned a six-count human trafficking and hate crime indictment relating to the abuse of D.P., a 22-year-old woman with disabilities, in Amite, Louisiana. Raylaine Knope, 42, Terry J. Knope, II, 45, Jody Lambert, 23, and Taylor Knope, 20, are charged with one count of conspiring to obtain the forced labor of D.P., in violation of 18 U.S.C. § 1594(b); one count of forced labor, in violation of 18 U.S.C. § 1589; and one count of using force and threats of force to interfere with D.P.’s federal Fair Housing Act rights because of her disability, in violation of 42 U.S.C. § 3631. Raylaine Knope and Terry J. Knope, II are also charged with one count of attempted sex trafficking of D.P., in violation of 18 U.S.C. §§ 1591 and 1594(a); and Terry J. Knope, II is charged with one count of a hate crime for shooting D.P. with a BB gun because of her disability, in violation of 18 U.S.C. § 249(a)(2), and one count of theft of government funds for stealing D.P.’s federal disability benefits, in violation of 18 U.S.C. § 641. In addition, in a related matter, Bridget Lambert, 21, was separately charged in a one-count Bill of Information for conspiring to obtain the forced labor of D.P., in violation of 18 U.S.C. § 371.
The forced labor, forced labor conspiracy, and Fair Housing Act charges against Raylaine Knope, Terry J. Knope, II, Jody Lambert, and Taylor Knope carry a statutory maximum penalty of life imprisonment. The sex trafficking charge against Raylaine Knope and Terry J. Knope, II, carries a mandatory minimum penalty of fifteen years imprisonment, with a statutory maximum penalty of life imprisonment. The hate crime charge and the theft of government funds charge against Terry J. Knope, II, each carry a statutory maximum penalty of ten years imprisonment. The separate conspiracy charge against Bridget Lambert carries a statutory maximum penalty of five years’ imprisonment.
An indictment and a bill of information are formal accusations of criminal conduct, not evidence of guilt. The defendant is presumed innocent unless and until proven guilty.
This case was investigated by the FBI Field Office in New Orleans, Louisiana, and is being prosecuted by Trial Attorneys Risa Berkower and Nicholas Reddick of the Justice Department’s Civil Rights Division, and Assistant United States Attorney Julia Evans, of the U.S. Attorney’s Office for the Eastern District of Louisiana.
Alleged Street Gang Member Detained on Federal Firearm ChargesRead the Press Release
PROVIDENCE, RI – An alleged member of the Hanover Boyz street gang has been ordered detained in federal custody on federal firearm charges after a Cranston Police motor vehicle stop and Project Safe Neighborhoods investigation resulted in the discovery and seizure of a loaded firearm and a stamp collection reported stolen from a Cranston residence.
Anthony Washburn, 32, of Providence, was ordered detained following his initial appearance before U.S. District Court Magistrate Judge Patricia A. Sullivan on a criminal complaint charging him with felon in possession of a firearm and possession of a stolen firearm.
The arrest and detention of Washburn are announced by United States Attorney Stephen G. Dambruch and Cranston Police Chief Michael J. Winquist.
According to court documents and information presented to the Court, it is alleged that on July 25, 2018, a Cranston Police Department patrolman affected a traffic stop of a vehicle traveling on Route 10 with an expired temporary license plate. As the officer approached the vehicle he observed both the driver and a front seat passenger moving within the vehicle, appearing to reach for something in the center console area. Upon reaching the vehicle, the officer noticed a plastic bag in the center console area which appeared to contain marijuana. The driver, identified as Anthony Washburn, handed the bag to the officer stating, “This is all I have on me.” The officer requested that Washburn exit the vehicle while telling the passenger to remain in the vehicle.
Upon the arrival of another officer, the passenger was removed from the vehicle and a search of the vehicle was conducted. It is alleged that Washburn told the officers anything found inside the vehicle belonged to him. The search resulted in the discovery of a 12-pack box of beer on the floor behind the driver’s seat containing, an open bottle of alcohol, several beers, and a sock containing a loaded .40 caliber semiautomatic firearm. Police also discovered 2 small plastic bags of crack cocaine in the vehicle. Inside the center console officers discovered and seized a small digital scale consistent with use in narcotics trade. Inside the trunk of the vehicle officers discovered a large shopping bag containing a stamp collection. The passenger was found to be in possession of $3,400 in cash she said belonged to Washburn.
Further investigation by Cranston Police revealed that the firearm and stamp collection were reported stolen in a housebreak in Cranston, and that the expired temporary license plate was counterfeit and was to have been affixed to a different vehicle.
Project Safe Neighborhoods is a federal, state and local law enforcement collaboration to identify, investigate and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.
A criminal complaint 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.
According to information presented to the Court and court records, Washburn was previously convicted in Rhode Island state court and sentenced to prison on multiple occasions on drug trafficking charges. According to information presented to the Court, Washburn is alleged to be a member of the Hanover Boyz street gang in Providence.
The case is being prosecuted by Assistant U.S. Attorney William J. Ferland.
United States Attorney Stephen G. Dambruch and Cranston Police Chief Colonel Michael J. Winquist acknowledge and thank the FBI and the FBI Safe Street Task Force for their assistance in the preparation of this matter for prosecution.
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3M Company Agrees to Pay $9.1 Million to Resolve Allegations That it Supplied the United States with Defective Dual-Ended Combat Arms EarplugsRead the Press Release
The Department of Justice announced today that 3M Company (3M), headquartered in St. Paul, Minnesota, has agreed to pay $9.1 million to resolve allegations that it knowingly sold the dual-ended Combat Arms Earplugs, Version 2 (CAEv2) to the United States military without disclosing defects that hampered the effectiveness of the hearing protection device.
“The Department of Justice is committed to protecting the men and women serving in the United States military from defective products and fraudulent conduct,” said Acting Assistant Attorney General Chad A. Readler of the Department’s Civil Division. “Government contractors who seek to profit at the expense of our military will face appropriate consequences.”
“Through rigorous enforcement of the False Claims Act, we protect taxpayer dollars from waste, fraud, and abuse,” said U. S. Attorney Sherri Lydon for the District of South Carolina. “And in this case in particular, we are proud to defend the integrity of our military programs and ensure that our men and women in uniform are adequately protected as they serve our country.”
"Today's settlement will ensure that those who do business with the government know that their actions will not go unnoticed," said Frank Robey, director of the U.S. Army Criminal Investigation Command's Major Procurement Fraud Unit. "Properly made safety equipment, for use by our Soldiers, is vital to our military's readiness. Our agents will respond robustly to protect the safety of our military."
“This settlement demonstrates the commitment of the Defense Criminal Investigative Service and our law enforcement partners to hold companies accountable for supplying substandard products, in particular products that could directly impact our service members’ health and welfare. DCIS protects the integrity of Defense Department programs by rooting out fraud, waste, and abuse that negatively affect the wellbeing of our troops,” said Special Agent in Charge Robert E. Craig, Jr., DCIS Mid-Atlantic Field Office.
The settlement announced today resolves allegations that 3M violated the False Claims Act by selling or causing to be sold defective earplugs to the Defense Logistics Agency. Specifically, the United States alleged that 3M, and its predecessor, Aearo Technologies, Inc., knew the CAEv2 was too short for proper insertion into users’ ears and that the earplugs could loosen imperceptibly and therefore did not perform well for certain individuals. The United States further alleged that 3M did not disclose this design defect to the military.
The allegations resolved by the settlement were brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act. The act permits private parties to sue on behalf of the government when they believe that defendants submitted false claims for government funds and to share in any recovery. As part of today’s resolution, the whistleblower will receive $1,911,000.
The settlement was the result of a coordinated effort by the Civil Division of the Department of Justice, the United States Attorney’s Office for the District of South Carolina, the Army Criminal Investigation Command, and the Defense Criminal Investigative Service.
The case is captioned United States ex rel. Moldex-Metric v. 3M Company, Case No. 3:16-cv-1533-MBS (D.S.C.). The claims resolved by the settlement are allegations only, and there has been no determination of liability.
25 Charged in Federal Document and Benefit Fraud SweepRead the Press Release
BOSTON – 25 individuals were charged today in federal court in Boston as a result of a federal sweep targeting offenders of document and benefit fraud. Many of the defendants have prior criminal histories, including a convicted murderer who escaped from prison in Puerto Rico in 1994 while serving a 40-year sentence. 21 of the alleged defendants are unlawfully present in the United States.
Dubbed “Double Trouble,” the investigation was conducted by Homeland Security Investigation’s Document and Benefit Fraud Task Force (DBFTF), comprised of various local, state and federal agencies with expertise in detecting, deterring and disrupting organizations and individuals involved in various types of document, identity and benefit fraud schemes.
The DBFTF is currently investigating suspected aliens, predominately from the Dominican Republic, who are believed to have obtained stolen identities of United States citizens living in Puerto Rico and who have used those identities to obtain documents and public benefits that they would not otherwise be eligible to receive, such as Registry of Motor Vehicles identity documents, Social Security numbers, Medicaid, unemployment and public housing subsidies. Among other things, a comparison of public benefits records revealed the identities of numerous individuals who received public benefits in Puerto Rico and Massachusetts on or about the same date.
Twenty-five individuals have been charged with various federal crimes. With the exception of four, all of the defendants are unlawfully present in the United States.
- Alejandra Eulalia Baez Arias, 40, a Dominican national residing in Lawrence, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
- Saddan Rafael Bautista Diaz, 27, a Dominican national residing in Dorchester, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
- Kelvin Bautista Valdez, 31, Dominican national residing in Lynn, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
- Robert Crisologo Bobadilla Baez, 43, a Dominican national formerly residing in Mattapan, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number. Bobadilla Baez is already in the custody of Immigration and Customs Enforcement.
- Fernando Cedeno Carpio, 34, a Dominican national residing in Houston, Texas, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
- Fausto Feliz Feliz, 39, a Dominican national residing in Malden, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
- Luis Alberto Fernandez Fernandez, 27, a Dominican national residing in Salem with legal permanent resident status, was charged with one count of false representation of a Social Security number.
- Domingo Garcia Suero, 54, a Dominican national formerly residing in Haverhill, was indicted in May 2018 on five counts of distribution and possession with intent to distribute fentanyl; one count of being a felon in possession of a firearm; two counts of false representation of a Social Security number; and one count of aggravated identity theft. Garcia Suero is already in federal custody.
- Santo Jesus Gonzalez Villar, 48, a Dominican national residing in Lawrence, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
- Ramon Lara Martinez, 45, a Dominican national residing in Hyde Park, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
- Jose Lopez Rosado, 53, formerly residing in Worcester County, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number. According to court documents, the defendant escaped from prison in Puerto Rico in 1994 while serving a 40-year sentence for second degree murder. He is currently in state custody on unrelated charges. His true identity was not known until now.
- Viterbo Enrique Minaya Melo, a Dominican national residing in Lawrence, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number. Minaya Melo is currently in state custody.
- Ulises Francisco Mota Carmona, 35, a Dominican national residing in Lawrence, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
- Yhoan Alexis Nivar Rodriguez, 29, a Dominican national residing in Mattapan with legal permanent resident status, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
- James Alfred Pena Guerrero, 30, a Dominican national residing in Dorchester, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
- Ramona Maribel Perez Peguero, 38, a Dominican national residing in Lawrence, was charged with one count of false representation of a Social Security number.
- Fiumen Alexis Pimentel, 47, a Dominican national residing in Hyde Park, was charged with identity fraud.
- Jose Mercedes Polanco Guerrero, 47, a Dominican national residing in Dorchester, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
- Joaquin Ruiz Mota, 47, a Dominican national residing in Dorchester, was charged with one count of aggravated identity theft and one count of misuse of a Social Security number.
- Carmen Sanchez Garcia De Martinez, 64, a Dominican and/or Venezuelan national residing in Springfield, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
- Wanyer Manuel Soto Pimentel, 27, a Dominican national residing in Roslindale, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
- Edward Elias Villar Ortiz, 42, a Dominican national residing in Brockton, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
- John Doe, an individual residing in Roxbury whose true identity remains unknown, was charged with one count of aggravated identity theft; one count of false representation of a Social Security number; and one count of theft of government funds.
- John Doe, an individual residing in Lynn whose true identity remains unknown, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
- John Doe, an individual residing in Revere whose true identity remains unknown, was charged with one count of aggravated identity theft and one count of making a false statement in an application and use of a U.S. passport.
The charge of aggravated identity theft carries a mandatory two-year sentence that must run consecutively to any other sentence imposed, up to one year of supervised release, and a fine of up to $250,000. False representation of a Social Security number provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. The charge of identity theft provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000, or twice the gross gain or loss, whichever is greater. The charge of theft of public funds provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000, or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Attorney General Jeff Sessions; United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of the Inspector General; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; Michael Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Office of Investigations; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; Delany De Leon-Colon, Acting Inspector in Charge of the U.S. Postal Inspection Service; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Massachusetts State Auditor Suzanne M. Bump made the announcement today. Valuable assistance was provided by the U.S. Marshals Service Puerto Rico Violent Offender Task Force. Assistant U.S. Attorneys Karen Burzycki, Christine Wichers, Patrick Callahan, and Rachel Hemani of Lelling’s Criminal Division are prosecuting the cases.
The details contained in charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Wednesday 25 July 2018
Warren County Man Charged with Producing Child PornographyRead the Press Release
ERIE, Pa. - A former resident of Sheffield, Pennsylvania, has been indicted by a federal grand jury in Erie on charges of violating federal laws relating to the sexual exploitation of children, United States Attorney Scott W. Brady announced today.
The twelve-count indictment named Jeffrey Colin Rogers, 55, as the sole defendant.
According to the indictment presented to the court, Rogers took sexually explicit photos of two victims who were under the age of eighteen.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
The law provides for a maximum total sentence of 340 years in prison, a fine of $3,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pennsylvania State Police conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Waldorf Man Sentenced to over 16 Years in Federal Prison for Illegal Possession of Unregistered Machine Guns, Unregistered Short-Barreled Rifles and Destructive Devices, and for Possession of Child PornographyRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paul W. Grimm today sentenced Caleb Andrew Bailey, age 31, of Waldorf, Maryland, to 200 months in prison, followed by lifetime supervised release, for illegal possession of unregistered machine guns, unregistered short-barreled rifles, and unregistered destructive devices, and for possession of child pornography. Judge Grimm also ordered that Bailey must register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Postal Inspector in Charge Eric Shen of the U.S. Postal Inspection Service - Washington Division; and Charles County Sheriff Troy Berry.
According to Bailey’s plea agreement, on May 5, 2016, law enforcement executed federal search warrants at adjoining properties in Waldorf, Maryland associated with Bailey. At Bailey’s residence, law enforcement located, among other items, an underground bunker containing machine guns, machine gun manufacturing parts and devices, other firearms, explosives, unregistered short-barreled rifles and destructive devices; covert recording devices; and child pornography on electronic devices seized inside and outside the residence. One electronic device was located within the underground bunker. Other electronic media were removed from Bailey’s bedroom at his residence, and from the woods where they had been hidden by a minor victim at the direction of Bailey. At his parents’ residence, in Bailey’s bedroom, law enforcement recovered an electronic device that contained Internet searches indicative of child pornography.
During the execution of the search warrant at Bailey’s residence on May 5, 2016, a 17-year-old minor was present. The minor admitted that Bailey had instructed the minor to remove a laptop, a camera, and an external hard drive from Bailey’s residence and cover them with leaves by a footbridge in the woods behind the residence. Law enforcement recovered these items.
On May 17, 2016, the Department of Homeland Security, Homeland Security Investigations conducted a forensic analysis of Bailey’s electronic devices. The forensic analysis revealed that Bailey used hidden cameras to surreptitiously record videos of minor males. In total, Bailey recorded over 100 videos of the victims between March 2014 and January 2016. The forensic analysis revealed that, in addition to the child pornography that Bailey produced, Bailey possessed other images and videos of child pornography on various electronic devices, including a hard drive located within his bunker, that do not appear to have been produced by him. These images and videos included depictions of prepubescent minors and depictions of sadistic or masochistic conduct involving minors (bondage). Bailey’s collection of child pornography included more than 280 images and 54 videos depicting children engaged in sexually explicit conduct.
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 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 Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the “Resources” tab on the left of the page.
United States Attorney Robert K. Hur commended ATF Baltimore, HSI Baltimore, the U.S. Postal Inspection Service - Washington Division, and the Charles County Sheriff’s Office for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Jennifer R. Sykes, Kristi N. O’Malley, and Thomas P. Windom, who prosecuted the case.
Virginia Man Sentenced for Role in Odometer and Title Fraud SchemeRead the Press Release
A Norfolk, Virginia man was sentenced today for operating an odometer and title fraud scheme that involved more than 50 vehicles and spanned six years, the Department of Justice announced.
Lawson Basnight, 48, was sentenced to serve 18 months in prison, followed by three years of supervised release. U.S. District Judge Mark S. Davis also ordered Basnight to pay $403,720.17 in restitution, reflecting the consumer loss caused by Basnight’s scheme.
Basnight pleaded guilty on January 25 in the Eastern District of Virginia to one count of conspiracy to commit odometer tamping and securities fraud. As part of his plea agreement, Basnight admitted that he purchased high-mileage vehicles from individuals advertising them for sale online and arranged to alter those vehicles’ odometers to reflect false, lower mileage readings. Basnight then secured fraudulent motor vehicle titles reflecting the lower mileage readings and used the false odometer readings and titles to sell the vehicles with inflated prices to unsuspecting purchasers.
“The Department of Justice is committed to prosecuting those who prey on unsuspecting consumers,” said Acting Assistant Attorney Chad A. Readler of the Justice Department’s Civil Division. “Tampering with automobile odometers causes victims to pay more for used cars, raises safety and maintenance concerns, and builds distrust in the used car market."
Basnight’s odometer and title fraud scheme began in 2010 and continued until 2016. The scheme affected more than 50 vehicles and resulted in consumer loss of approximately $400,000. At times, the false mileage readings on the altered odometers and fraudulent titles were 110,000 miles less than the vehicles’ actual mileage.
This case was prosecuted by Trial Attorneys Jacqueline Blaesi-Freed and John W. Burke of the Civil Division’s Consumer Protection Branch with assistance from Assistant U.S. Attorney Elizabeth Yusi of the U.S. Attorney’s Office for the Eastern District of Virginia. The Virginia Department of Motor Vehicles and the National Highway Traffic Safety Administration Office of Odometer Fraud Investigation (NHTSA) investigated the case.
NHTSA estimates that odometer fraud in the United States results in consumer losses of more than $1 billion annually and has established a special hotline to handle odometer fraud complaints. Individuals with information relating to odometer tampering should call (800) 424-9393 or (202) 366-4761.
More information on odometer fraud is available on the NHTSA website https://one.nhtsa.gov/Vehicle-Safety/Odometer-Fraud and tips on detecting and avoiding odometer fraud are available at this page: www.nhtsa.gov/staticfiles/nvs/pdf/811284.pdf.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at www.justice.gov/civil/consumer-protection-branch.
For more information about the U.S. Attorney’s Office for the Eastern District of Virginia, visit www.justice.gov/usao-edva.
U.S. Attorney’s Office Announces Recovery of Full Restitution from Former Skiatook School SuperintendentRead the Press Release
U.S. Attorney Trent Shores announced today that the United States Attorney’s Office and the Tulsa County District Attorney’s Office collected full restitution of $207,590.01 owed by former Skiatook School Superintendent Gary Johnson. U.S. Attorney Shores stated, “the restitution collected from Gary Johnson was owed for the losses his corruption inflicted on the Skiatook Public Schools.” Johnson was convicted of conspiring to defraud the United States by hiding income he received from bribes and kickbacks.
U.S. Attorney Shores further remarked, “From 2004 to 2010, at a time when public schools were forced to count every dollar, Gary Johnson failed to perform the fiduciary duties he owed the citizens and patrons of the Skiatook Schools. For his personal benefit, he approved grossly inflated invoices for the procurement of basic supplies, equipment and services.”
Evidence and documents submitted during the prosecution show Johnson approved the payments of invoices at prices that were as much as 400% inflated above the fair market value. In exchange, Johnson corruptly accepted things of value, including cash, tickets to college football games, and the costs for travel, food, lodging, and entertainment.
U.S. Attorney Trent Shores and Assistant U.S. Attorney Joe Wilson prosecuted the case. U. S. Attorney Shores thanked Assistant U.S. Attorney Catherine Depew and the dedicated federal law enforcement agents of the Department of Justice Asset Recovery program who recover assets for the benefit of the people harmed by acts of corruption and abuse of office.
Two people indicted for reentering the U.S. after multiple deportationsRead the Press Release
Two people were indicted in federal court for illegally reentering the United States.
Fermin Cabrera-Flores, 46, a citizen of Mexico, was found in Painesville on July 13 after having been previously deported seven times following convictions for domestic violence, evading arrest, illegal reentry, criminal trespass and other crimes, according to court documents.
Lazaro Oscar Romero-Colindres, 40, a citizen of Honduras, was found in Amherst on July 10, after having been deported three times, according to court documents.
Assistant U.S. Attorney Brad J. Beeson is prosecuting the case following an investigation by Immigration and Customs Enforcement, Department of Homeland Security.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt
Two Men Arrested for Firearms OffensesRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announces the arrest of KENDRICK MARCEL CAMPBELL, 25 of Lillington, North Carolina and DEMETRIUS SAMUEL KING, 31 of Raleigh, North Carolina on firearms-related charges.
CAMPBELL and KING are charged in a two-count indictment with possession of a firearm by a convicted felon. If convicted, CAMPBELL and KING face not more than 10 years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty in a court of law.
The investigation of this case was conducted by the Harnett County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Two Members of Billion-Dollar Venezuelan Money Laundering Scheme ArrestedRead the Press Release
Two alleged participants in a billion-dollar international scheme to launder funds embezzled from Venezuelan state-owned oil company PDVSA using Miami, Florida real estate and sophisticated false-investment schemes were arrested yesterday and today.
U.S. Attorney Benjamin Greenberg of the Southern District of Florida, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, and Special Agent in Charge Mark Selby of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations’ (HSI) Miami Field Office made the announcement.
Matthias Krull, 44, a German national and Panamanian resident, and Gustavo Adolfo Hernandez Frieri, 45, a Colombian national and naturalized U.S. citizen, were charged in a criminal complaint with conspiracy to commit money laundering. The complaint also charged Francisco Convit Guruceaga, 40; Jose Vincente Amparan Croquer, aka, “Chente,” 44; Carmelo Urdaneta Aqui, 44; and Abraham Eduardo Ortega, 51, all Venezuelan nationals; and Hugo Andre Ramalho Gois, 39, a Portuguese national, and Marcelo Federico Gutierrez Acosta y Lara, 40, a Uruguayan national, for their alleged participation in the scheme. These defendants remain at large. Krull was arrested last night in Miami and had his initial court appearance earlier today before U.S. Magistrate Judge Alicia M. Otazo-Reyes in Miami. Krull is scheduled to have a pre-trial detention hearing on July 30, and a preliminary hearing on Aug. 8. Frieri was arrested today in Sicily, Italy and faces extradition proceedings.
According to the criminal complaint, the conspiracy in this case allegedly began in December 2014 with a currency exchange scheme that was designed to embezzle around $600 million from PDVSA, obtained through bribery and fraud, and the defendants’ efforts to launder a portion of the proceeds of that scheme. By May 2015, the conspiracy had allegedly doubled in amount to $1.2 billion embezzled from PDVSA. PDVSA is Venezuela’s primary source of income and foreign currency (namely, U.S. Dollars and Euros).
The complaint alleges that surrounding and supporting these false-investment laundering schemes are complicit money managers, brokerage firms, banks and real estate investment firms in the United States and elsewhere, operating as a network of professional money launderers.
The alleged conspirators include former PDVSA officials, professional third-party money launderers, and members of the Venezuelan elite, sometimes known as “boliburgués.”
The charges contained in the complaint are merely allegations and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case is the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) “Operation Money Flight,” a partnership between and among federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate and prosecute high-level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.
Mr. Greenberg and Mr. Benczkowski commended the investigative efforts of HSI Miami, HSI London, HSI Rome and HSI Madrid in this matter. The case is being prosecuted by Assistant U.S. Attorney Francisco R. Maderal of the Southern District of Florida’s International Narcotics and Money Laundering Section and Assistant Chief David Johnson of the Criminal Division’s Fraud Section.
The Criminal Division’s Office of International Affairs provided substantial assistance in this matter and U.S. Customs and Border Protection, the National Crime Agency of the United Kingdom and Italian, Spanish and Maltese law enforcement authorities provided assistance. The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Related court documents and information can 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.
Two Members of Billion-Dollar Venezuelan Money Laundering Scheme ArrestedRead the Press Release
Two alleged participants in a billion-dollar international scheme to launder funds embezzled from Venezuelan state-owned oil company PDVSA using Miami, Florida real estate and sophisticated false-investment schemes were arrested yesterday and today.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Benjamin Greenberg of the Southern District of Florida and Special Agent in Charge Mark Selby of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations’ (HSI) Miami Field Office made the announcement.
Matthias Krull, 44, a German national and Panamanian resident, and Gustavo Adolfo Hernandez Frieri, 45, a Colombian national and naturalized U.S. citizen, were charged in a criminal complaint with conspiracy to commit money laundering. The complaint also charged Francisco Convit Guruceaga, 40; Jose Vincente Amparan Croquer, aka, “Chente,” 44; Carmelo Urdaneta Aqui, 44; and Abraham Eduardo Ortega, 51, all Venezuelan nationals; and Hugo Andre Ramalho Gois, 39, a Portuguese national, and Marcelo Federico Gutierrez Acosta y Lara, 40, a Uruguayan national, for their alleged participation in the scheme. These defendants remain at large. Krull was arrested last night in Miami and had his initial court appearance earlier today before U.S. Magistrate Judge Alicia M. Otazo-Reyes in Miami. Krull is scheduled to have a pre-trial detention hearing on July 30, and a preliminary hearing on Aug. 8. Frieri was arrested today in Sicily, Italy and faces extradition proceedings.
According to the criminal complaint, the conspiracy in this case allegedly began in December 2014 with a currency exchange scheme that was designed to embezzle around $600 million from PDVSA, obtained through bribery and fraud, and the defendants’ efforts to launder a portion of the proceeds of that scheme. By May 2015, the conspiracy had allegedly doubled in amount to $1.2 billion embezzled from PDVSA. PDVSA is Venezuela’s primary source of income and foreign currency (namely, U.S. Dollars and Euros).
The complaint alleges that surrounding and supporting these false-investment laundering schemes are complicit money managers, brokerage firms, banks and real estate investment firms in the United States and elsewhere, operating as a network of professional money launderers.
The alleged conspirators include former PDVSA officials, professional third-party money launderers, and members of the Venezuelan elite, sometimes known as “boliburgués.”
The charges contained in the complaint are merely allegations and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case is the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) “Operation Money Flight,” a partnership between and among federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate and prosecute high-level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.
HSI Miami, HSI London, HSI Rome and HSI Madrid investigated this case. The case is being prosecuted by Assistant Chief David Johnson of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Francisco R. Maderal of the Southern District of Florida’s International Narcotics and Money Laundering Section.
The Criminal Division’s Office of International Affairs provided substantial assistance in this matter and U.S. Customs and Border Protection, the National Crime Agency of the United Kingdom and Italian, Spanish and Maltese law enforcement authorities provided assistance. The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Two Jefferson County Men Indicted for Three June Bank RobberiesRead the Press Release
BIRMINGHAM – A federal grand jury today indicted two Jefferson County men for three bank robberies in the county in June, announced U.S. Attorney Jay E. Town and FBI Special Agent in Charge Johnnie Sharp Jr.
A three-count indictment filed in U.S. District Court charges TERRY LYNN FOREHAND, 54, of Birmingham, and DERRICK TERRELL BIVENS, 52, of Mulga, with the June 7 robbery of a BB&T Bank on Meadow Brook Road in Birmingham and the June 27 robberies of that same BB&T branch and a Regions Bank on 2nd Avenue SW in Graysville.
Each bank robbery charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
The FBI investigated the case, in conjunction with the Hoover Police Department and the Jefferson County Sheriff’s Office. Assistant U.S. Attorney John J. Geer III is prosecuting the case.
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Two Former Deutsche Bank Traders Charged with Deceptive and Manipulative Trading Practices in U.S. Commodities MarketsRead the Press Release
Two former employees of Deutsche Bank AG, a global financial institution, were charged in an indictment returned by a Chicago federal grand jury yesterday with engaging in fraudulent and manipulative trading involving precious metals futures contracts, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and Assistant Director in Charge William Sweeney of the FBI’s New York Field Office.
James Vorley, 38, of the United Kingdom, and Cedric Chanu, 39, of France and the United Arab Emirates, were each charged in the Northern District of Illinois with one count of conspiracy to commit wire fraud affecting a financial institution and one count of wire fraud affecting a financial institution.
The indictment alleges that Vorley and Chanu, who were employed as traders at Deutsche Bank AG—Vorley based in London; Chanu based in London and Singapore—engaged in a years-long conspiracy to defraud other traders on the Commodity Exchange Inc., which was an exchange run by the Chicago Mercantile Exchange Group. The defendants and their co-conspirators, including former Deutsche Bank AG trader David Liew, are alleged to have defrauded other traders by placing fraudulent orders that they did not intend to execute in order to create the appearance of false supply and demand and to induce other traders to trade at prices, quantities and times that they otherwise would not have traded. The indictment further alleges that Vorley, Chanu, Liew and others placed such fraudulent and manipulative orders by themselves and in coordination with other traders at Deutsche Bank AG, including each other.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by the FBI’s New York Field Office. Assistant Deputy Chief Carol Sipperly and Trial Attorneys Michael T. O’Neill and Cory E. Jacobs of the Criminal Division’s Fraud Section are prosecuting the case.
Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.
Two Felons Plead Guilty to Federal Gun CrimesRead the Press Release
BLUEFIELD, W.Va. – Two felons pled guilty to federal gun crimes, announced United States Attorney Mike Stuart.
“My Office is using all available resources to address violent crime in the District,” said United States Attorney Mike Stuart. “In fact, as I recently announced, we will soon have additional prosecutors working to make our communities even safer by prosecuting more cases like that of Phillips and Quick.”
Scott Phillips, 33, of Parkersburg, entered his guilty plea to being a prohibited person in possession of a firearm. U.S. Attorney Stuart commended the investigative efforts of the Parkersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Phillips admitted that on February 3, 2017, he possessed two 9mm pistols in Parkersburg. On that date, when Parkersburg police stopped a vehicle Phillips was riding in, he fled on foot and unsuccessfully attempted to hide the weapons. Phillips is prohibited from possessing any firearms due to a 2006 Wood County felony burglary conviction.
Reed Ryan Quick, 47, of White Sulphur Springs, also entered a guilty plea to being a prohibited person in possession of a firearm. U.S. Attorney Stuart praised the investigation conducted by the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Quick admitted that on January 20, 2018, he possessed Ruger 9mm pistol while attempting to purchase drugs in Charleston. Quick is prohibited from possessing any firearms due to a 2015 Greenbrier County felony conviction for operating a clandestine methamphetamine lab.
Both Phillips and Quick face up to 10 years in federal prison when sentenced on December 4, 2018.
Assistant United States Attorney Matt Davis is handling the prosecutions. The plea hearings were held before Senior United States District Judge David A. Faber.
These cases are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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###Three Defendants Charged in White Plains Federal Court with “Forced Posting” FraudRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., Assistant Director-in-Charge of the New York Division of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of a complaint charging three defendants with allegedly engaging in conspiracy to commit wire fraud and wire fraud in a scheme known as “forced posting.” Two defendants, LATOYA ROBINSON and DASHAWN JOHNSON, were arrested and presented yesterday before United States Magistrate Lisa Margaret Smith. Defendant TANYA HATWOOD remains at large.
U.S. Attorney Geoffrey S. Berman said: “As alleged, the defendants took advantage of a security feature of the debit card processing system, which allowed for nearly $1 million in fraudulent merchandise charges. Thanks to our federal and local law enforcement partners, the scam is over and the defendants face significant criminal charges.”
FBI Assistant Director-in-Charge William F. Sweeney Jr. said: “As technology continues to evolve, the complexity of fabricated schemes evolves almost faster than humans can keep up. Nevertheless, the FBI remains committed to investigating fraud in its many facets. By allegedly using fictitious codes in the attempt to take more than $900,000 in merchandise, the defendants believed their scheme would go undetected. However, now that the two defendants are facing federal charges today, it is clear that their misguided criminal behavior was wrong.”
As alleged in the Complaint unsealed in White Plains federal court[1]:
When a customer presents a debit card to purchase merchandise at a store and the card is swiped at an electronic card reader maintained by the merchant, electronic signals are routed from the merchant to the brand of the customer’s debit card, and then routed to the underlying bank that issued the debit card. The bank then verifies whether the customer has sufficient funds in the account to cover the requested transaction, which is then relayed back to the merchant. When there are insufficient funds on the debit card presented by the customer, the card reader will display a message that the transaction request was denied.
Many card readers have a functionality, though, that allows someone to input a code that serves to take the card reader offline, overriding the denial message and verifying the transaction. Malign actors can take advantage of this functionality by inputting a fictitious code not provided by the issuing bank under the guise of entering a pin code or other authorization code, which could cause the card reader to show that the transaction was authorized. The merchant may then let the customer leave with any merchandise the customer attempted to purchase; the merchant would not learn that the code was fictitious and the transaction invalid until days or even months later. The process by which a customer could take advantage of the functionality is called “forced posting” or “forcing the off.”
Bank records, corroborated by interviews with more than 30 merchants, show that from 2013 up to May 2018, LATOYA ROBINSON, DASHAWN JOHNSON, and TANYA HATWOOD, together and separately, performed forced posting on dozens of occasions, and schemed to take or attempt to take more than $900,000 in merchandise in total.
* * *
ROBINSON, 29, of the Bronx, JOHNSON, 25, of Manhattan, and HATWOOD, 27, of the Bronx, are each charged with one count of conspiracy to commit wire fraud and one count of wire fraud. Each count carries a maximum sentence of 20 years. The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants would be determined by the judge.
Mr. Berman praised the outstanding investigative work of the FBI, the Yonkers Police Department, the New York City Police Department, and the Nassau County Police Department.
These case is being handled by the Office’s White Plains Division. Assistant United States Attorney Samuel L. Raymond is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Three Aliens Indicted on Illegal Reentry ChargesRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging YOSIMAR GONZALEZ-LEAL, age 23, of Mexico, FERNANDO REBOLLAR-ECHEVERRIA, age 35, of Mexico, and ROBERTO HERNANDEZ-ALDAMA, age 38, of Mexico, with Illegal Reentry of a Deported Alien.
If convicted of Illegal Reentry of a Deported Alien, REBOLLAR-ECHEVERRIA, found in Wake County after having been previously deported three times, faces a maximum imprisonment term of two years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
GONZALEZ-LEAL, found in Wake County after having been previously deported and convicted of felonious possession of marijuana, and HERNANDEZ-ALDAMA, found in Sampson County after having been previously deported eleven times and convicted of illegal reentry, would each face a maximum imprisonment term of ten years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The cases are being investigated by Immigration and Custom Enforcement's (ICE) Enforcement and Removal Operations.
Third Defendant Enters Guilty Plea in Case Involving the Shooting of a U.S. Mail CarrierRead the Press Release
In San Antonio today, 41-year-old Piper Lee of San Antonio, pleaded guilty to federal charges in connection with the shooting of a U.S. Mail carrier last year in Spring Branch, TX, announced United States Attorney John F. Bash; Inspector in Charge Adrian Gonzalez, U.S. Postal Inspection Service, Houston Division; and, San Antonio Police Chief William McManus.
Appearing before United States Magistrate Judge Richard B. Farrer, Lee pleaded guilty to two counts of aiding and abetting the assault of a federal officer and one count of possession of stolen mail. Lee, who remains in federal custody, faces up to 20 years in federal prison. Sentencing is scheduled for November 1, 2018, before Chief United States District Judge Orlando Garcia.
According to court records, on February 11, 2017, Lee’s co-defendant, 24-year-old Bradley Ahearn, shot a shot a female U.S. Mail carrier as she was delivering mail to a cluster of mailboxes in Spring Branch, TX. The victim is still recovering from the gunshot that pierced both of her legs. Ahearn and another co-defendant, 27-year-old Sarah Richford, fled the scene. Lee was not charged with participating in that shooting.
On February 14, 2017, employees of a local motel notified investigators of the presence of a large amount of U.S. Mail and a handgun case in one of the motel rooms. Much of the discovered mail, originating from locations across the country, was destined for addresses in the Spring Branch, TX area. Motel surveillance footage showed Lee picking up Ahearn and Richford and leaving the motel in Lee’s yellow Volkswagen. Investigators requested San Antonio police to initiate a stop of the vehicle. While failing to yield to SAPD officers, Ahearn began shooting at the police officers and another high-speed pursuit ensued. Ultimately, the defendants abandoned their vehicle inside a parking garage of a local mall and managed to elude capture by law enforcement.
On February 15, 2017, San Antonio police officers, acting on information provided to investigators, arrested Ahearn, Richford and Lee without incident in a parking lot of a different local motel.
Richford, who remains in federal custody, is scheduled to be sentenced on September 6, 2018. She faces 20 years in federal prison after pleading guilty on February 23, 2018, to five charges--aiding and abetting carjacking; aiding and abetting use of a firearm during a crime of violence; aiding and abetting robbery of U.S. Mail; and, two counts of aiding and abetting assault on a federal officer.
On July 12, 2018, Ahearn was sentenced to 20 years in federal prison after pleading guilty to seven charges including aiding and abetting carjacking; aiding and abetting use of a firearm during a crime of violence; aiding and abetting robbery of U.S. Mail; and, four counts of aiding and abetting assault on a federal officer.
The U.S. Postal Inspection Service together with the San Antonio Police Department, Texas Department of Public Safety, Texas Rangers, Comal County Sheriff’s Office, Bulverde Police Department, Federal Bureau of Investigation, U.S. Marshals Service and Homeland Security Investigations (HSI) investigated this case. Assistant United States Attorneys Bettina Richardson and Christina Playton are prosecuting this case on behalf of the Government.
Staten Island Resident Pleads Guilty to Disaster Relief FraudRead the Press Release
Earlier today, Nagwa Elsilimy pleaded guilty at the federal courthouse in Brooklyn to disaster relief fraud in connection with obtaining more than $750,000 in disaster relief from New York City’s Build It Back program and the Federal Emergency Management Agency in the aftermath of Hurricane Sandy. Today’s proceeding took place before United States District Judge Raymond J. Dearie.
Richard P. Donoghue, United States Attorney for the Eastern District of New York; Christina Scaringi, Special Agent-in-Charge, United States Department of Housing and Urban Development, Office of Inspector General (HUD OIG); Mark Tasky, Special Agent-in-Charge, Department of Homeland Security, Office of Inspector General, Washington Field Office (DHS OIG); and Mark G. Peters, Commissioner, New York City Department of Investigation, announced the guilty plea.
According to court filings and facts presented during the guilty plea proceeding, in the days and months following Hurricane Sandy, which struck New York and New Jersey on October 29, 2012, Elsilimy obtained and attempted to obtain federal funds appropriated for Sandy disaster relief by submitting material misrepresentations in her applications for relief. Specifically, Elsilimy misrepresented that a home in Staten Island, which her family had abandoned months before the storm, was her primary residence at the time the hurricane devastated parts of New York and New Jersey. In fact, she had been residing at a different address since at least March 2012. Evidence obtained in the investigation established that Elsilimy fraudulently obtained federal and city aid totaling more than $750,000.
When sentenced, Elsilimy faces up to 30 years in prison, as well as a fine of up to $1,500,000.
The government’s case is being handled by the Office’s General Crimes Section. Assistant United States Attorney Elizabeth Losey Macchiaverna is in charge of the prosecution.
The Defendant:
NAGWA ELSILIMY
Age: 60
Staten Island, NYE.D.N.Y. Docket No. 17-CR-563
South Florida Resident and Colombian National Charged with Violating the Kingpin ActRead the Press Release
A Miami-Dade County resident and a Colombian national have been charged with narcotics trafficking and money laundering offenses, in violation of the federal Kingpin Act.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, and Robert F. Lasky, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
According to the Indictment, from at least as early as April 2018, and continuing through May 2018, Jose Piedrahita Castillo, Jr., 29, of Medellin, Colombia, and Sandra Milena Ruiz Arango, 34, of Miami-Dade County, Florida conspired to commit violations of the Kingpin Act, in connection with attempts to transfer, use, and deal in property in which defendant Castillo Jr. and Jose Bayron Piedrahita Ceballos, have an interest. According to the Indictment, on June 26, 2014, the President of the United States designated La Oficina De Envigado as a “significant foreign narcotics trafficker” subject to economic sanctions. Furthermore, on May 3, 2016, the President of the United States designated defendant Jose Piedrahita Castillo, Jr., Jose Bayron Piedrahita Ceballos, and Andres Piedrahita Castillo, as “significant foreign narcotics traffickers” under the Kingpin Act. According to the Indictment, Jose Piedrahita Castillo, Jr., Jose Bayron Piedrahita Ceballos, and Andres Piedrahita Castillo are affiliates of La Oficina De Envigado.
The Kingpin Act declared a national emergency with respect to the activities of international narcotics traffickers and their organizations, which threatened the national security, foreign policy, and economy of the United States of America. Any property and interests in property within the United States, which were owned or controlled by any “significant foreign narcotics trafficker” designated by the President of the United States, pursuant to the Kingpin Act, is blocked as of the date of such designation and identification. Furthermore, any transaction within the United States by a United States person, in property or interests of any “significant foreign narcotics trafficker” identified by the President of the United States, is prohibited.
The Indictment further alleges that Jose Piedrahita Castillo, Jr. and Sandra Milena Ruiz Arango committed money laundering, and that Jose Piedrahita Castillo, Jr. committed multiple violations of U.S. narcotics laws, involving the importation and distribution of the powerful opioid oxycodone.
If convicted of the charges of conspiracy or attempt to violate the Kingpin Act, the defendants face a statutory maximum term of 10 years in prison. If convicted of the money laundering or narcotics offenses charged in the indictment, the defendants face a statutory maximum of 20 years in prison.
This investigation and prosecution was carried out by members of the South Florida High Intensity Drug Trafficking Area (HIDTA) Task Force. The South Florida HIDTA, established in 1990, is made up of federal, state and local law enforcement agencies who, cooperatively, target the region’s drug-trafficking and money laundering organizations. The South Florida HIDTA is funded by the Office of National Drug Control Policy, which sponsors a variety of initiatives focused on the nation’s illicit drug trafficking threats.
This prosecution is a result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate, and prosecute high-level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.
Mr. Greenberg commends the investigative efforts of the FBI and United States Treasury Department, Office of Foreign Assets Control (OFAC). This case is being prosecuted by Assistant United States Attorney Jonathan K. Osborne.
Related court documents and information can 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 Euclid man indicted for using a firearm while trafficking fentanyl, heroin and pillsRead the Press Release
A South Euclid man was indicted in federal court for using a firearm while trafficking fentanyl, heroin and pills.
Christopher Bowen, 25, was charged in a 10-count indictment with distribution of drugs, possession with intent to distribute drugs, using a firearm in furtherance of drug trafficking and being a felon in possession of a firearm.
Bowen on several occasions in May and June sold fentanyl and heroin, according to the indictment.
On June 28, Bowen had approximately 14 grams of a heroin/fentanyl mixture, 31 grams of heroin, 64 Alprazolam pills, a Jimenez Arms 9 mm handgun, a Bryco Arms 9 mm handgun, an Anderson MFG long rifle and ammunition. Bowen was prohibited from having a firearm or ammunition because of a prior conviction for drug trafficking, according to the indictment.
This case was investigated by the Drug Enforcement Administration. It is being prosecuted by Assistant U.S. Attorneys Marisa T. Darden and Elliot Morrison.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
An indictment is a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
South Carolina Man Admits Distribution of Child PornographyRead the Press Release
CAMDEN, N.J. – A South Carolina man today admitted his role in distributing images of child sexual abuse, U.S. Attorney Craig Carpenito announced.
Rashad Russell, 28, of Bennettsville, South Carolina, pleaded guilty before U.S. District Judge Renée Marie Bumb in Camden federal court to an indictment charging him with one count of distribution of child pornography. Russell was previously arrested and charged by complaint on March 13, 2018, and was indicted on April 6, 2018.
According to documents filed in this case and statements made in court:
Between December 2017 and March 2018, Russell contacted a law enforcement officer working in an undercover capacity through Facebook messenger. The undercover officer’s Facebook profile purported to be a young mother living in New Jersey with an 8-year-old child. On Jan. 8, 2018, Russell sent two images and one video of child pornography to the undercover officer, including images of prepubescent children being sexually abused.
The charge of distribution of child pornography carries a mandatory minimum penalty of five years in prison, a maximum potential penalty of 20 years in prison, and a $250,000 fine. Sentencing is scheduled for Oct. 29, 2018.U.S. Attorney Carpenito credited special agents with the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Brian Michael, with the investigation leading to today’s guilty plea.
The government is represented by Special Assistant U.S. Attorney Leah Gould of the U.S. Attorney’s Office Public Protection Unit in Newark.
Defense counsel: Maggie Moy Esq., Assistant Federal Public Defender (Camden)