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Wednesday 25 July 2018
Bucks County Stock Broker Sentenced to 10 Months in Federal Prison for Insider TradingRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that Kevin Hamilton, 61, of Wyncombe, PA was sentenced today to 10 months in prison. He was also ordered to pay $635,000 in restitution and to forfeit $656,421.11 in proceeds resulting from his criminal activity.
Hamilton misused an investment banking client’s non-public information for the benefit of himself, his company, and other clients. Hamilton pleaded guilty in September, 2017 to two counts of securities fraud.
“The defendant was guided by pure greed,” said U.S. Attorney McSwain. “We should never lose sight of the fact that there are real victims in this case. The defendant’s schemes undermined the integrity of the securities markets and resulted in hundreds of thousands of dollars in losses to investors. This is textbook insider trading and a clear violation of the law. For this defendant and others like him, a prison sentence is the necessary consequence.”
First, in 2009 and 2010, Hamilton abused his position as a principal of the Philadelphia Brokerage Corporation (“PBC”) to engage in illegal insider trading in connection with the stock of BMP Sunstone Corporation. As one of three principals of PBC, Hamilton provided brokerage services to PBC’s clients while another principal was responsible for PBC’s investment banking business. In his role, Hamilton obtained access to material, non-public information about BMP Sunstone’s potential sale from the investment banking side of PBC’s business and then provided this inside information to some of his brokerage clients. In addition, Hamilton used this information to trade in his clients’ discretionary accounts with PBC and to make trades in his personal account. These activities breached PBC’s clear policies against insider trading and PBC’s duty to BMP Sunstone to keep this information confidential. As a result of this activity, Hamilton, his clients, and tippees reaped over $2.3 million in illegal profits.
The case was investigated by the Federal Bureau of Investigations, the Securities and Exchange Commission, and is being prosecuted by Assistant U.S. Attorneys Judy G. Smith and Patrick J. Murray.
Brockway Man Stole Pistol then Sold It for Cash and CocaineRead the Press Release
PITTSBURGH - One resident of Jefferson County, Pennsylvania, pleaded guilty on Monday in federal court to a charge of possession of a stolen firearm, United States Attorney Scott W. Brady announced today.
Douglas Means, age 35, of Brockway, Pa., pleaded guilty to one count before Chief United States District Court Judge Joy Flowers Conti.
In connection with the guilty plea, the court was advised that in August of 2016, Means stole a .380 caliber semiautomatic Smith and Wesson pistol from his father’s residence in Brockway, PA. Means kept the firearm for a few weeks before selling it to his drug source Peter DiGiacomo for $400 and one gram of cocaine. The firearm was transferred to a drug dealer in New York, so that it could be resold for more money. The gun was later recovered in New York with the serial number intact. Means wrote a voluntary statement confessing to his conduct.
Chief Judge Conti scheduled sentencing for November 15, 2018. The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Chief Judge Conti ordered Means to remain detained pending sentencing.
Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.
This case is being prosecuted under Project Safe Neighborhoods, a collaborative effort by federal, state and local law enforcement agencies, prosecutors and communities to prevent, deter and prosecute gun crime. The Bureau of Alcohol, Tobacco, Firearms and Explosives, along with a detective from the Allegheny County Sheriff’s Office, conducted the investigation leading to the Indictment in this case.
Bookkeeper Pleads Guilty in Manhattan Federal Court to Embezzling over $3.3 Million from Literary Agency and Its ClientsRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that DARIN WEBB pled guilty to defrauding a Manhattan-based literary agency (the “Agency”) and its clients of over $3.3 million. WEBB provided bookkeeping services for the Agency and carried out his scheme by making unauthorized transfers from the Agency’s bank accounts, and then making changes to the Agency’s accounting system to evade detection. WEBB pled guilty to one count of wire fraud before U.S. District Judge Edgardo Ramos.
U.S. Attorney Geoffrey S. Berman said: “As he admitted today, Darin Webb was cooking the books for his employer when his duty was to provide bookkeeping services. Webb stole over $3 million that belonged to the literary agency and its clients, and he now awaits sentencing for his crime.”
According to allegations contained in the Information filed against Webb and statements made in related court filings and proceedings:
From in or about 2001 through in or about March 2018, DARIN WEBB, the defendant, was engaged as a bookkeeper for the Agency. From at least January 2011 through March 2018, WEBB used his position as the Agency’s bookkeeper to transfer more than $3.3 million of funds, belonging to the Agency and the Agency’s clients, from the Agency’s bank accounts to bank accounts that WEBB controlled. In order to evade detection of his criminal conduct and carry out his scheme, WEBB made changes to the Agency’s accounting records to disguise the nature of the transfers.
* * *
WEBB, 47, of Manhattan, New York, pled guilty to one count of wire fraud, which carries a maximum sentence of 20 years in prison and a maximum fine of $250,000, or twice the gross gain or loss from the offense. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant would be determined by the Court.
WEBB is scheduled to be sentenced on November 26, 2018, at 11:30 a.m.
Mr. Berman praised the work of the Federal Bureau of Investigation.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorney Christine I. Magdo is in charge of the prosecution.
Boise Man Sentenced for Distribution of MethamphetamineRead the Press Release
BOISE - Timothy J. Frazier, 35, of Boise, was sentenced yesterday for distribution of methamphetamine, U.S. Attorney Bart M. Davis announced. Senior U.S. District Judge Edward J. Lodge sentenced Frazier to 93 months in prison. Judge Lodge also ordered that upon completion of that time, Frazier serve an additional three years of supervised release.
According to court records, Frazier, on four separate occasions, distributed quantities of methamphetamine and heroin. Officers learned of Frazier’s activities in December of 2016. Between December 2016 and February 2017, officers, during controlled buys, purchased methamphetamine and heroin from Frazier on four occasions. On March 10, 2017, officers arrested Frazier and discovered additional quantities of methamphetamine in his vehicle.
This case was investigated by the Nampa Police Department, Idaho State Police and the Drug Enforcement Administration.
This case was prosecuted by the Special Assistant U.S. Attorney hired by the Ada County Prosecuting Attorney’s Office and the Idaho High Intensity Drug Trafficking Area Board. The Idaho High Intensity Drug Trafficking Board is a collaboration of local law enforcement drug task forces and prosecuting agencies dedicated to addressing regional drug trafficking organizations that operate in Ada, Canyon, and Malheur County.
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Biloxi Man Pleads Guilty to Heroin Conspiracy on Second Day of TrialRead the Press Release
Gulfport, Miss. – Donald Eric McRoy, 53, of Biloxi, pled guilty yesterday, on the second day of his trial before U.S. District Judge Sul Ozerden, to conspiracy to possess with intent to distribute one kilogram or more of heroin, announced U.S. Attorney Mike Hurst and Special Agent in Charge Jere T. Miles with Immigration and Customs Enforcement’s Homeland Security Investigations in New Orleans.
On four separate occasions in 2016, McRoy sold, directly or indirectly, quantities of heroin to an individual acting in an undercover capacity. The investigation also revealed that McRoy was obtaining large quantities of heroin from a dealer in the Atlanta, Georgia area.
McRoy will be sentenced on November 2, 2018 by Judge Ozerden and faces a maximum penalty of life in prison and a $10 million fine.
The case was investigated by Homeland Security Investigations and prosecuted by Assistant U.S. Attorney John Meynardie
Bergen County, New Jersey, Man Admits Role in Multiple Bank Robberies and Robberies of Liquor Store and Gas StationRead the Press Release
NEWARK, N.J. – An Oradell, New Jersey, man today admitted robbing four banks, a liquor store, and a gas station between June 2017 and December 2017, U.S. Attorney Craig Carpenito announced.
Joel Robbins, 47, pleaded guilty before U.S. District Judge Katharine S. Hayden in Newark federal court to an information charging him with four counts of bank robbery and two counts of Hobbs Act robbery.According to documents filed in this case and statements made in court:
Robbins robbed the following locations on the dates set forth below:
Bank
Location
Date
Chase Bank
Whippany
June 6, 2017
Santander Bank
Parsippany
July 20, 2017
The Liquor Factory
Hopatcong
October 15, 2017
Chase Bank
Edgewater
October 25, 2017
Raceway Gas Station
Pinebrook
November 26, 2017
TD Bank
Mahwah
December 3, 2017
In the TD Bank robbery, Robbins walked into the bank wearing gray pants, a black jacket, sunglasses, a dark skull cap, and light-colored latex gloves. As he entered the bank, Robbins pulled a bandana over his face. Robbins’s accomplice, Wanda Soel, 52, of Hasbrouck Heights, New Jersey, allegedly waited for Robbins in a Toyota Corolla parked outside the bank.
Robbins pulled a black handgun (later determined to be fake) from his waistband and pointed it at two bank tellers, demanded money from them and warned them not to “make me have to kill you.” The tellers complied and handed Robbins money. Robbins took the money and walked out of the bank, dropping several bills as he departed.
Robbins got into the passenger seat of the Corolla and Soel allegedly drove them away. Nearby law enforcement officers, who had received a report of the bank robbery while it was in progress, pursued the Corolla. Soel allegedly drove into the parking lot of a nearby hotel, where she and Robbins tried to switch places so Robbins could drive. When Soel got out of the Corolla, she tripped and fell, and Robbins drove away without her. Law enforcement officers arrested Soel in the hotel parking lot. Her bank robbery charges are pending.
Robbins drove out of the hotel parking lot but eventually hit a curb, blew a tire, and crashed. Law enforcement officers caught up to the Corolla and arrested Robbins. They recovered U.S. currency sticking out of Robbins’s pants and other cash bills strewn inside the Corolla, along with a fake black handgun. Officers also recovered sunglasses, a bandana, a dark knit cap, and latex gloves from the Corolla, resembling the items Robbins was seen wearing when he robbed the bank. Robbins was wearing a black jacket when he was arrested.
The counts of bank robbery and Hobbs Act robbery with which Robbins is charged each carry a maximum punishment of 20 years in prison and a $250,000 fine.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie, with the investigation leading to the charge. He also thanked the Mahwah Township Police Department for its contribution to the case, as well as the police departments of Hanover Township, Parsippany, Hopatcong, Edgewater and Montville.
The government is represented by Assistant U.S. Attorney Jason S. Gould of the Criminal Division of the U.S. Attorney’s Office in Newark.
The charges and allegations against Soel are merely accusations, and she is presumed innocent unless and until proven guilty.Defense counsel: Perry Primavera Esq., Hackensack, New Jersey
Bangor Woman Pleads Guilty to Maintaining a Drug-Involved PremisesRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Sherri Chen, 55, of Hampden, Maine, pled guilty yesterday in U.S. District Court to maintaining a drug-involved premises for use and distribution of heroin and cocaine base, commonly known as “crack.”
According to court records, between January 2016 and February 2017, Chen, in exchange for drugs, allowed her Hampden residence to be used for the use and distribution of crack and heroin.
Chen faces up to 20 years in prison term, a $500,000 fine, and three years of supervised release. She will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated by the U.S. Drug Enforcement Administration and the Maine Drug Enforcement Agency and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
Baldwin Man Sentenced to Five Years for Possessing Stolen FirearmsRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Aaron Dodd, 35, of Baldwin, Maine was sentenced today in U.S. District Court by Judge George Z. Singal to five years in prison for possession of stolen firearms. Dodd pled guilty on April 4, 2018.
According to court records, in March 2016, Maine State Police troopers seized four stolen firearms hidden by Dodd in Baldwin residences owned by family members.
In imposing the sentence, Judge Singal noted that the sentence was appropriate in light of Dodd’s extensive criminal history, which included seven prior burglary convictions.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, in conjunction with the Maine State Police and the Cumberland County Sheriff’s Office.
Baldwin County Legislator Charged in Public Corruption Case Related to Diabetes Treatment ClinicsRead the Press Release
Montgomery, Alabama – On Wednesday, July 25, 2018, another Alabama legislator was arrested in a pending public corruption case involving the owner of a chain of diabetes treatment clinics, announced United States Attorney Louis V. Franklin, Sr.
State Representative Randall M. “Randy” Davis, 66, of Daphne, Alabama is the new defendant in this case and was charged in a superseding indictment along with co-defendants G. Ford Gilbert, 70, of Carmichael, California, and Martin J. “Marty” Connors, 61, of Alabaster.
The case began in April of 2018 when a federal grand jury returned an indictment against G. Ford Gilbert, the chief executive officer (CEO) of Trina Health, LLC (Trina Health)—a California-based company that operates diabetes treatment clinics all over the United States and in some foreign countries.
The original indictment alleged that in 2014 and 2015, Trina Health opened three clinics in Alabama. Soon thereafter, the state’s largest health insurer informed Trina Health that it would not cover the treatments provided by Trina Health. Gilbert then schemed to force the insurer to change its position.
Gilbert came up with a plan to push a bill through the Alabama Legislature’s 2016 session that would require the insurer to cover the treatments. Gilbert then made payments and gave things of value to a legislator, former House of Representatives Majority Leader Micky Ray Hammon, in exchange for Hammon working behind the scenes to push the bill. Gilbert also hired co-defendant Martin Connors to act as a lobbyist on behalf of the bill. Connors knew of Gilbert’s payments to the legislator.
The new charges contained in the superseding indictment alleges that Davis also stood to gain from Trina Health’s successes. According to the indictment, during 2014 and 2015, Davis tried to recruit investors to Trina Health and, as a result of doing so, he received finder’s fees. After Trina Health encountered difficulties with the health insurance companies, Davis attempted to lobby the insurance company to change its position. When that failed, Davis took steps to advance the bill. For example, Davis helped to recruit a sponsor, arranged for the public hearing to be video recorded, and then spoke in favor of the bill at a public hearing.
Based on these events, the superseding indictment charges Davis, Gilbert, and Connors with conspiracy to commit bribery related to federal programs. Additionally, the superseding indictment alleges that Gilbert committed various acts of bribery related to federal programs. Gilbert and Davis are also charged with interstate travel and communications in aid of racketeering. The last count in the superseding indictment charges Connors with making a false statement to a federal agent.
An indictment merely alleges that crimes have been committed. Each defendant is presumed innocent until proven guilty beyond a reasonable doubt.
If convicted of the most serious offenses, each defendant in this case faces a maximum sentence of 10 years in prison, significant monetary penalties, asset forfeiture, and restitution.
The United States Postal Inspection Service investigated the case with the assistance of the Federal Bureau of Investigation. Assistant United States Attorneys Jonathan S. Ross, Joshua J. Wendell, and Stephanie Billingslea are prosecuting the case.
Arms Trafficker Sentenced for Illegally Shipping Handguns to DominicaRead the Press Release
Tampa, Florida – U.S. District Judge Susan Bucklew today sentenced Edger Edmund Francis (29, Tampa) to 10 months in federal prison for conspiracy to smuggle goods from the United States. Francis pleaded guilty on April 23, 2018.
According to court documents, on September 22, 2016, Francis rented a U-Haul truck and drove it from Tampa to a shipping company in Riviera Beach, Florida. In Riviera Beach, Francis arranged to ship a barrel containing three handguns and hundreds of rounds of ammunition, concealed among various household goods. The barrel was destined for Roseau, Dominica, and records showed that Francis had bought the household items from a store in Tampa, just before making the trip. Francis never applied for, or received, an export license or other written prior approval to ship the guns or ammunition outside of the United States.
On or about October 26, 2016, the Commonwealth of Dominica Police Force searched the barrel and found the guns and ammunition hidden inside.
“This case is an example of HSI’s dedication to stopping smuggled weapons before they fall into the hands of criminals who pose a threat to public safety both here and abroad,” said Homeland Security Investigations Special Agent in Charge James C. Spero.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, including its Attaché Caribbean, with assistance from the Commonwealth of Dominica Police Force. It was prosecuted by Assistant United States Attorney Patrick Scruggs.
Allegheny County Sheriff’s Office Employee Charged with Obstruction of Justice and Lying to the FBIRead the Press Release
PITTSBURGH –A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of obstruction of justice and making false statements to federal investigators, United States Attorney Scott W. Brady announced today.
The two-count indictment, returned on July 24 and unsealed today following her arrest, named Erika Romanowski, 40, as the sole defendant.
According to the indictment, while employed as a clerk with the Allegheny County Sheriff’s Office (ACSO), Romanowski had access to sensitive law enforcement information, including information related to ongoing federal investigations with which ACSO assisted. As alleged, between in and around February 2018 and in and around April 2018, Romanowski disclosed non-public, sensitive law enforcement information to two personal associates, identified as Person A and Person B, in an effort to protect Person B from investigation and prosecution by federal authorities. According to the indictment, Person A and Person B were targets of an ongoing, multi-agency federal grand jury investigation focused on the criminal activities of a large-scale, violent drug trafficking organization operating in the West End neighborhood of Pittsburgh. Person B allegedly was a senior member of the drug trafficking organization.
The indictment further alleges that on or about June 20, 2018, during an interview with FBI Special Agents, Romanowski lied when she repeatedly denied ever disclosing sensitive law enforcement information to Person A or Person B.
"This indictment alleges that Erika Romanowski violated the public trust by leaking sensitive law enforcement information she learned while employed at the Sheriff’s Office, and then falsely denied making the disclosure when questioned by the FBI," stated U.S. Attorney Brady. "Every government employee with knowledge of a criminal investigation must maintain its confidentiality, whether or not they serve in a law enforcement capacity. Even more troubling, her actions could have jeopardized the safety of law enforcement officers. Corruption regardless of station will be prosecuted."
"It's important for the public to know the FBI works closely with our law enforcement partners in Western Pennsylvania to ensure public servants who violate the trust placed in them by the public will be aggressively pursued and held accountable for their actions," said Assistant Special Agent in Charge Chad Yarbrough.
Romanowski faces a maximum sentence of 20 years’ imprisonment and a fine of $250,000 for the obstruction of justice charge and a maximum sentence of 5 years’ imprisonment and a fine of $250,000 for the false statements charge. 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 Eric G. Olshan is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation leading to the indictment in this case, with the full cooperation and assistance of the Allegheny County Sheriff’s Office. This prosecution is part of the U.S. Attorney’s public corruption initiative.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Albuquerque Man Pleads Guilty to Federal Production of Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Christopher Glotfelty, 36, of Albuquerque, N.M., pleaded guilty this morning in federal court to production and possession of child pornography charges. Glotfelty entered the guilty plea under a plea agreement that recommends that he be sentenced to a 25-year term of imprisonment followed by 15 years of supervised release. Glotfelty also will be required to register as a sex offender after he completes his prison sentence.
The FBI charged Glotfelty in a criminal complaint filed on June 6, 2017, with producing and possessing child pornography from March 2014 through May 2017, in Bernalillo County, N.M. According to the complaint, the Albuquerque Police Department (APD) initiated an investigation into Glotfelty in May 2017, after receiving information and evidence supporting allegations that Glotfelty produced child pornography of himself engaging in sexual activity with two minor victims. The complaint alleged that images of child pornography were contained in four thumb drives, two memory sticks, and a camera that allegedly belonged to Glotfelty.
Glotfelty and his co-defendant and wife, Danielle Glotfelty, 32, were charged with child pornography offenses in a six-count indictment that was filed on July 11, 2017. The indictment charged Glotfelty and Danielle Glotfelty with producing child pornography on March 5, 2014. It also charged Glotfelty with producing child pornography on April 29, 2014, and possessing child pornography on two thumb drives and a memory stick within a camera on May 11, 2017. According to the indictment, the defendants committed the crimes in Bernalillo County.
During today’s change of plea hearing, Glotfelty pled guilty to one count of producing child pornography and one count of possessing child pornography. In entering the guilty plea, Glotfelty admitted that on March 5, 2014, he used a digital camera to produce child pornography of a seven-year-old child, and saved the video recording on a memory stick within the digital camera. Glotfelty also admitted that from 2014 through May 2017, he possessed a thumb drive that contained approximately 297 images and nine videos of child pornography.
Glotfelty has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
Danielle Glotfelty has entered a plea of not guilty to the charges against her and is pending trial. Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the FBI and the APD. Assistant U.S. Attorney Jonathon M. Gerson is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 86 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
12 Members of Bronx Crew Charged in Manhattan Federal Court with Narcotics OffensesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing today of an Indictment charging 12 members of a crew operating in and around the Murphy Houses and the Lambert Houses in the Bronx with participating in a narcotics conspiracy.
A total of eight defendants were taken into custody today; seven were arrested in the Bronx, and one defendant was arrested in Delaware. Four defendants remain at large. The seven defendants arrested in the Bronx will be presented and arraigned before U.S. Magistrate Judge James L. Cott later today. The case is assigned to U.S. District Judge Katherine Polk Failla.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged, the defendants conspired to sell narcotics in a number of locations, including the Murphy Houses, a NYCHA development. NYCHA residents, and all New Yorkers, should be free to go about their daily lives free from the scourge of narcotics trafficking. Thanks to the excellence of our partners at HSI and the NYPD, these defendants now face federal charges for bringing drugs to our buildings and to our streets.”
HSI Special Agent-in-Charge Angel M. Melendez said: “These crew members allegedly pushed crack cocaine and heroin in low income neighborhoods of the Bronx. The alleged dealers have no regard for their neighbors as long as they are making a profit, which is why we will continue to partner with NYPD in these investigations to remove the drugs, and those who push it, off city streets.”
NYPD Commissioner James P. O’Neill said: “Today’s indictment is a perfect example of how well the law enforcement community works together to dismantle drug organizations and put these criminals behind bars. Removing them from our streets sends a clear message to others who many choose to engage in similar activity. These substances cause immeasurable damage in our neighborhoods, and we will remain vigilant in our commitment to expose and arrest anyone who poses such a threat to the safety of New Yorkers.”
As alleged in the Indictment unsealed today in Manhattan federal court and in other court papers and proceedings[1]:
* * *
From 2016 up to June 2018, KAWAIN NELSON, a/k/a “Kobe,” a/k/a “Kobi,” a/k/a “Slope,” JAMES CROOMS, a/k/a “Butter,” ANTHONY CORLEY, a/k/a “Tone,” ALBERT COLLINS, a/k/a “A,” DARRELL HUDSON, a/k/a “Skip,” JONATHAN PADILLA, SILVIO CIPRIAN, a/k/a “T.P.,” LAMAR GRIFFIN, a/k/a “Louch,” JACKIE COOPER, a/k/a “Jack,” SHARON HATCHER, ALLEN WALKER, a/k/a “Fat Boy,” and EFRAIN REYES, a/k/a “Stone,” participated in a conspiracy to distribute and possess with the intent to distribute crack cocaine, heroin, marijuana in and around the Murphy Houses, a public housing complex, and the Lambert Houses, an affordable housing development, in the Bronx.
A chart containing the names and maximum penalties for the defendants is set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of HSI and the NYPD’s Bronx Violent Crimes Squad.
The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Sarah Krissoff, Gina Castellano, and Frank Balsamello are in charge of the prosecution.
The charges contained in the Indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics
Conspiracy
21 U.S.C. § 846
KAWAIN NELSON, 32
JAMES CROOMS, 31
ANTHONY CORLEY, 35
ALBERT COLLINS, 28
DARRELL HUDSON, 28
JONATHAN PADILLA, 29
SILVIO CIPRIAN, 30
LAMAR GRIFFIN, 28
JACKIE COOPER, 53
SHARON HATCHER, 51
ALLEN WALKER, 38
EFRAIN REYES, 49
Life in prison
Mandatory minimum of 10 years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
Tuesday 24 July 2018
Wilson County Man Sentenced to 30 Years in Prison for Drug Distribution ConspiracyRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, Chief United States District Judge James C. Dever, III sentenced SEAN TRENT BARNES, 44 from Lucama, North Carolina, to 360 months in prison, followed by 5 years of supervised release.
BARNES was named in a ten-count Indictment filed on May 17, 2017. On August 21, 2017, BARNES pled guilty to Conspiracy to Distribute and Possess with Intent to Distribute 50 Grams of More of Methamphetamine.
The investigation revealed that BARNES distributed marijuana and crystal methamphetamine in the Wilson and Johnston County, North Carolina, area for more than twenty (20) years. BARNES stored ounce quantities of crystal methamphetamine and distributed it from a home he shared with his girlfriend and her nine-year-old son in Lucama, North Carolina. He also stored methamphetamine and firearms at his father’s home in Lucama. The methamphetamine supplied to BARNES was imported into the United States from Mexico. BARNES recruited a homeless methamphetamine addict to live in his home and provided him with methamphetamine in exchange for distributing methamphetamine for BARNES. Numerous other individuals also sold methamphetamine for BARNES. In May 2016, the Wilson Police Department (WPD) and the Wilson County Sheriff’s Office (WCSO) initiated an investigation into BARNES’ drug activities based upon information provided by a confidential informant (CI). Subsequently, the WPD, WCSO and assisting law enforcement agencies utilized the CI to make controlled purchases from BARNES, seized methamphetamine from BARNES, and obtained historical statements from government witnesses.
On June 28, 2016, the CI negotiated with BARNES to purchase two ounces of methamphetamine at a location near the North Carolina/South Carolina state line. While enroute to deliver the methamphetamine to the CI, law enforcement authorities conducted a traffic stop of BARNES on Interstate 95 South in Johnston County. BARNES and his passenger were arrested after authorities located 43 grams of methamphetamine in the trunk of BARNES’ car. A subsequent search of BARNES’ home in Lucama found an additional 5.2 grams of methamphetamine and other drug paraphernalia.
From the investigation, law enforcement determined BARNES trafficked 623.7 grams of actual methamphetamine and 756.5 grams of marijuana from 2013 to September 7, 2016. BARNES was a leader or organizer of an otherwise extensive criminal activity that involved five or more participants. BARNES also possessed firearms in furtherance of his methamphetamine-trafficking activities. While BARNES maintained premises from which he distributed methamphetamine, the premises from which he distributed methamphetamine served as his primary residence and the primary residence of his father.
Mr. Higdon commented: “Sean Trent Barnes has been poisoning the streets of Wilson County for more than two decades. But now, with the imposition of a 30 year sentence, those communities can begin to recover from the effects of his crime. The Court’s lengthy sentence gives these communities that opportunity and we are very pleased that the United States Justice Department could play a role in achieving that result. I want to commend the Drug Enforcement Administration, the Wilson Police Department, the Wilson County Sheriff’s Office and the North Carolina Highway Patrol for their excellent work in this case.”
The case is a federal Organized Crime Drug Enforcement Task Force (OCDETF) criminal matter and was investigated by the Wilson Police Department, Wilson County Sheriff’s Office, the North Carolina Highway Patrol, and the United States Drug Enforcement Administration. Assistant United States Attorney Brad Knott prosecuted the case on behalf of the United States.
Virginia Man Sentenced to Prison for Tax Fraud and Structuring More than $475,000Read the Press Release
WASHINGTON - A Concord, Virginia man was sentenced to prison today for tax and currency structuring charges, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Thomas T. Cullen for the Western District of Virginia.
Barry Edwards, 54, was sentenced to 36 months in prison on one count of filing a fraudulent 2013 tax return and one count of conspiring to structure cash transactions.
According to court documents and information provided to the court, Barry and his wife Joanne Edwards created two purported religious missions in 2006, which they used as nominees to receive income Barry Edwards earned selling nutritional supplements. The couple deposited this income into bank accounts held in nominee names. They then withdrew more than $475,000 in cash from these accounts, in increments less than $10,000, to evade bank-reporting requirements. The couple deposited the withdrawn funds into their own bank accounts to pay personal expenses, including car payments and their children’s tuition. Barry Edwards also used the cash to purchase a five-acre farm in Concord, Virginia. The couple jointly filed fraudulent 2013 through 2015 tax returns with the Internal Revenue Service (IRS) that did not fully report their income.
In addition to the term of imprisonment, U.S. District Court Judge Norman K. Moon ordered Barry Edwards to serve three years of supervised release. Mr. Edwards was also ordered to pay $7,929.00 in restitution to the IRS for unpaid taxes.
The Court previously sentenced Joanne Edwards, on May 9, 2018, to 18 months in prison followed by three years of supervised release as well as restitution for filing a fraudulent 2013 tax return and conspiring to structure cash transactions.
Principal Deputy Assistant Attorney General Richard E. Zuckerman and U.S. Attorney Thomas T. Cullen thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorney Sean Beaty of the Tax Division and Special Assistant U.S. Attorney Kari Munro, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Virginia Man Sentenced to Prison for Tax Fraud and Structuring More Than $475,000Read the Press Release
A Concord, Virginia man was sentenced to prison today for tax and currency structuring charges, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Thomas T. Cullen for the Western District of Virginia.
Barry Edwards, 54, was sentenced to 36 months in prison on one count of filing a fraudulent 2013 tax return and one count of conspiring to structure cash transactions.
According to court documents and information provided to the court, Barry and his wife Joanne Edwards created two purported religious missions in 2006, which they used as nominees to receive income Barry Edwards earned selling nutritional supplements. The couple deposited this income into bank accounts held in nominee names. They then withdrew more than $475,000 in cash from these accounts, in increments less than $10,000, to evade bank-reporting requirements. The couple deposited the withdrawn funds into their own bank accounts to pay personal expenses, including car payments and their children’s tuition. Barry Edwards also used the cash to purchase a five-acre farm in Concord, Virginia. The couple jointly filed fraudulent 2013 through 2015 tax returns with the Internal Revenue Service (IRS) that did not fully report their income.
In addition to the term of imprisonment, U.S. District Court Judge Norman K. Moon ordered Barry Edwards to serve three years of supervised release. Mr. Edwards was also ordered to pay $7,929.00 in restitution to the IRS for unpaid taxes.
The Court previously sentenced Joanne Edwards, on May 9, 2018, to 18 months in prison followed by three years of supervised release as well as restitution for filing a fraudulent 2013 tax return and conspiring to structure cash transactions.
Principal Deputy Assistant Attorney General Richard E. Zuckerman and U.S. Attorney Thomas T. Cullen thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorney Sean Beaty of the Tax Division and Special Assistant U.S. Attorney Kari Munro, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Upstate Man Pleads Guilty to Child Porn ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Keith D. Cook, age 38, of Greer, pled guilty in federal court in Spartanburg, to possession of child pornography, a violation of Title 18, United States Code, Section 2252A. United States District Judge Donald C. Coggins, of Spartanburg, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that on January 18, 2017, law enforcement conducted a search warrant at Cook’s home after receiving information that he was uploading child pornography to a mobile device. A search warrant was conducted at the home and Cook was located at his place of business. Law enforcement recovered Cook’s cell phone and located multiple images of children, some prepubescent, engaging in the lascivious display of the genitals. Cook was questioned and admitted to downloading the child pornography that led to the search warrant.
Ms. Lydon stated that because Cook has a prior conviction for possessing child pornography he is subject to a mandatory minimum sentence of 10 years. The maximum penalty Cook can receive is a fine of $250,000 and/or imprisonment for 20 years, supervised release of up to life, plus a special assessment of $100.
The case was investigated by agents with the Greenville County Sheriff’s Office and the Department of Homeland Security, Office of Investigations. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.
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United States Attorney Mike Stuart Issues Statement on DOJ, EPA and State of WV Settlement with CSXRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement regarding the settlement between the Department of Justice (DOJ), Environmental Protection Agency (EPA) and the State of West Virginia and CSX Transportation:
“The 2015 train derailment was a terrible event causing a declaration of a state of emergency, evacuation of our citizens, and destruction to property. It placed public health and environmental resources at serious peril. I’m very pleased that today’s actions will hopefully deter similar events in the future and that West Virginia will directly receive $1 million of the $2.2 million settlement.”
For more information on the settlement, please see DOJ’s press release below.
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Tuesday, July 24, 2018
Department of Justice, EPA, State of West Virginia Settle With CSX Transportation Over 2015 Derailment and Oil Spill in Mount Carbon, W.Va.
Today, the U.S. Department of Justice, U.S. Environmental Protection Agency (EPA) and State of West Virginia announced a settlement with CSX Transportation Inc. to resolve its liability for state and federal water pollution violations related to a 2015 oil spill caused by a train derailment in Mount Carbon, West Virginia. Under the terms of the settlement, CSX Transportation will pay penalties of $1.2 million to the United States and $1 million to West Virginia.
“Federal law requires the transport of oil through communities like Mount Carbon to be done safely, whether by rail or any other mode. When accidents happen and public health or the environment is harmed, the Justice Department will respond with strong action in close coordination with our federal and state partners,” said Acting Assistant Attorney General Jeffrey H. Wood for the Justice Department’s Environment and Natural Resources Division. “Today’s settlement imposes serious fines under the Clean Water Act for the 2015 CSX train derailment in West Virginia and seeks to deter similar incidents from happening in the future. I applaud the joint efforts of DOJ, EPA, and the State of West Virginia on this case.”
“The 2015 CSX train derailment in Mount Carbon, West Virginia caused significant damage and disruption to that community,” said EPA Office of Enforcement and Compliance Assurance Assistant Administrator Susan Bodine. “Through this settlement EPA, DOJ, and the State of West Virginia are holding CSX Transportation accountable for these consequences.”
On February 16, 2015, a CSX Transportation train with 109 railcars carrying crude oil derailed in Mount Carbon. Twenty-seven tank cars, each containing approximately 29,000 gallons of Bakken crude oil, derailed, and about half of the tank cars ignited. The resulting explosions and fires destroyed an adjacent home and garage. Local officials declared a state of emergency, nearby water intakes were shut down, and residents in the area were evacuated.
EPA and the West Virginia Department of Environmental Protection joined with other federal, state, and local agencies in responding to the incident. In response to federal and state orders, CSX Transportation has taken steps to remedy the damage and disruption caused by the oil spill. Separately, under a state-negotiated provision, CSX Transportation will help improve surface water quality in the area impacted by the oil spill through a contribution of $500,000 to a state-administered fund to upgrade a water treatment facility in Fayette County, West Virginia.
Some of the oil discharged during and following the train derailment flowed into the Kanawha River and Armstrong Creek. Freshwater bodies are particularly sensitive to fuel spills, which may damage fish and bird habitat and threaten drinking water supplies.
The proposed settlement is subject to a 30-day public comment period and final court approval. To view the consent decree or to submit a comment, visit the department’s website at: www.justice.gov/enrd/Consent_Decrees.html.
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###U.S. Attorney Bob Troyer Urges Public to Report Sexual Harassment in Housing to the Department of JusticeRead the Press Release
DENVER – Bob Troyer, U.S. Attorney for the District of Colorado, is urging members of the public to come forward to report incidents of sexual harassment in housing to the U.S. Department of Justice.
“Landlords taking advantage of vulnerable tenants are predators,” said U.S. Attorney Bob Troyer. “Sexual harassment or assault by landlords, property managers, and others in a position of power over tenants’ housing situations is illegal. We know from the stories we have heard across the country that much of this behavior goes unreported. Today, I am encouraging victims and concerned citizens to contact the U.S. Attorney’s Office to report those who engage in this illegal and abusive behavior.”
In October 2017, the Justice Department’s Civil Rights Division announced the Sexual Harassment in Housing Initiative, an effort to combat sexual harassment in housing. On April 12, 2018, Attorney General Jeff Sessions announced the nationwide expansion of that initiative and the formation of a joint task force with the Department of Housing and Urban Development to address this issue. The Justice Department’s initiative seeks to identify barriers to reporting sexual harassment in housing, increase awareness of the Justice Department’s enforcement efforts – both among survivors and those they may report to – and collaborate with federal, state, and local partners to increase reporting and help survivors quickly and easily connect with federal resources.
On July 12, 2018, the U.S. Attorney’s Office for the District of Colorado, in partnership with the Justice Department’s Civil Rights Division, hosted a Community Roundtable in Denver to address the problem of sexual harassment in housing. A range of concerned community members who serve and represent constituencies who may be targets of sexual predators attended to learn about the Fair Housing Act’s protections against sexual harassment, and to start a dialogue about how to combat this problem.
“Our office is working with concerned Coloradans to address this vexing problem, but we need the community’s help to encourage survivors to know their rights and to speak out,” said U.S. Attorney Troyer.
Yesterday, the Justice Department announced the release of a public service announcement (PSA) aimed at raising awareness and reaching victims of sexual harassment in housing. To enhance the effectiveness of the Sexual Harassment in Housing Initiative, the Department has enlisted the assistance of victims to share their experiences and help convey the message that sexual harassment in housing is a violation of civil rights. The Justice Department and the U.S. Department of Housing and Urban Development (HUD) are working together to distribute the PSA. The PSA is posted on the Department’s Youtube channel and HUD’s Youtube channel. Click here for Sexual Harassment in Housing PSA.
Individuals who believe they have been victims of discrimination can call the Civil Rights Division at 1-(844) 380-6178 or e-mail [email protected], or they can contact the U.S. Attorney’s Office for the District of Colorado at (303) 454-0100 (press 4 for the civil duty attorney), or e-mail [email protected]
Two Essex County, New Jersey, Men Charged with $600,000 Credit Card Fraud, Identity Theft ConspiracyRead the Press Release
NEWARK, N.J. – Two Essex County men were charged today for their alleged roles in a conspiracy that used stolen personal identifying information to open credit cards and defraud a victim bank out of approximately $600,000, U.S. Attorney Craig Carpenito announced.
Akintunde Adeyemi, a/k/a “AK,” 33, of East Orange, New Jersey, and Duluth, Georgia, and Oluwaseun Jato, 29, of Newark, are charged by complaint with one count each of bank fraud conspiracy and aggravated identity theft. Jato was arrested this morning in Atlanta and will appear today before U.S. Magistrate Judge Justin S. Anand in Atlanta federal court. Adeyemi is still at large.
According to the complaint:Between July 2016 and May 2017, Adeyemi, Jato and others conspired to use stolen personal identifying information to fraudulently apply for credit card accounts with an entity referred to in the complaint as “Victim Bank 1.” As part of the conspiracy, Adeyemi obtained the stolen personal information from other conspirators and used it to create the fraudulent credit card accounts.
After establishing the accounts, the conspirators contacted Victim Bank 1 to change the addresses associated with the accounts so that Victim Bank 1 would send the credit cards to addresses controlled by members of the conspiracy, including locations near Adeyemi and Jato’s residences in New Jersey and Georgia. Jato and other conspirators then used the cards at retail stores in New Jersey and Georgia, among other places, to purchase smartphones, tablets, and other high-value items, which were later sold for profit. Overall, the conspirators defrauded Victim Bank 1 of approximately $600,000.
The bank fraud conspiracy charge carries a maximum potential penalty of 30 years in prison and a $1 million fine. The aggravated identity theft charge carries a mandatory sentence of two years in prison, which must run consecutive to any other term imposed.
U.S. Attorney Carpenito credited inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Judy Ramos, and special agents of the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Brian Michael in Newark, with the investigation leading to today’s charges
The government is represented by Assistant U.S. Attorneys Nicholas P. Grippo of the U.S. Attorney’s Office Economic Crimes Unit and David M. Eskew, Chief of the U.S. Attorney’s Office Health Care and Government Fraud Unit in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty
Topeka Man Sentenced for Driving Getaway CarRead the Press Release
TOPEKA, KAN. – A Topeka man was sentenced today to 14 years in federal prison for driving the getaway car during an armed robbery, U.S. Attorney Stephen McAllister said.
Jermaine Tyrell Patton, 30, Topeka, Kan., pleaded guilty to one count of aiding and abetting a commercial robbery and one count of aiding and abetting an armed robbery.
In his plea, Patton admitted taking part in a Nov. 5, 2016, robbery at Oakmark Convenience Store at 2518 N.E. Seward Avenue in Topeka. Patton’s accomplice, who was carrying a firearm, entered the store and demanded money. Patton was behind the wheel of a blue PT Cruiser when he and the robber fled the scene. When police stopped the car, both men fled on foot. Patton was quickly arrested.
The other man, Christopher Curtis Harris of Topeka, was arrested and charged in Shawnee County District Court with shooting Topeka Police Detective Brian Hill when Hill tried to arrest him. Harris was convicted and sentenced to life.
McAllister commended the Topeka Police Department, the FBI and Assistant U.S. Attorney Jared Maag for their work on the case.
Stilwell Man Pleads Guilty to Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Nathan Bryce Moton, age 44, of Stilwell, Oklahoma, pled guilty to Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B), punishable by not less than 5 nor more than 40 years imprisonment, up to a $5,000,000.00 fine, or both.
The Indictment alleged that on or about February 18, 2018, within the Eastern District of Oklahoma, defendant, did knowingly and intentionally possess with intent to distribute 50 grams or more of a mixture or substance containing a detectable quantity of methamphetamine, a Schedule II controlled substance.The charges arose from an investigation by the McAlester Police Department and the Drug Enforcement Administration.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Rob Wallace represented the United States.
San Leandro Physician’s Assistant Convicted of Distributing Controlled Substances Without A Legitimate Medical PurposeRead the Press Release
OAKLAND – David Lague, a physician’s assistant who formerly practiced in San Leandro, was convicted of thirty-nine counts of distributing oxycodone, oxymorphone, methadone, amphetamines, clonazepam, fentanyl, hydromorphone, morphine, hydrocodone, alprazolam, and carisoprodol outside the course of professional practice and without a legitimate medical purpose by a federal jury today, announced United States Attorney Alex Tse, Drug Enforcement Administration Special Agent in Charge Chris Nielson, and Health and Human Services, Office of Inspector General, Office of Investigations, Special Agent in Charge Steven J. Ryan, San Francisco Regional Office.
The jury found that Lague, 61, of San Mateo, had prescribed oxycodone pills on two occasions to a patient who had informed Lague that he intended to sell the pills to make a profit. In addition, the jury concluded that Lague had prescribed potent and highly addictive controlled substances to four other patients in a manner that he knew was not medically legitimate. The jury acquitted Lague of health care fraud charges in connection with his fentanyl prescriptions to one of the four patients.
Evidence at trial showed that Lague was the number one prescriber of opioids in the state of California in 2015 and 2016, according to Medicare’s records. Lague prescribed over 1.6 million controlled substance pills, of which over 1.4 million were in the most dangerous and abused category (designated by the DEA as Schedule II), in 2016.
Undercover videotapes showed Lague prescribing pills to an informant without asking any questions about the patient’s health or performing any physical examinations. Further recordings showed that, on October 13, 2016, when the informant asked Lague to double his oxycodone prescription to allow him to sell the extra pills for $6,000, Lague proceeded to provide the prescription, along with suggestions on how to avoid detection by the pharmacy or insurance provider. On December 12, 2016, Lague again doubled the informant’s prescriptions to allow the informant to sell the oxycodone pills.
In addition, evidence from medical records showed that Lague was prescribing controlled substances to other patients despite clear signs of addiction. Studies compiled by the Centers for Disease Control and Prevention show that the combination of opioids and benzodiazepines (such as Xanax or Klonopin) quadruples the risk of overdose. Medical records showed that Lague prescribed opioids and benzodiazepines to a patient who had twice tested positive for cocaine and whose father and former orthopedist had both warned Lague of red flags regarding the patient’s addiction. Records further showed that Lague prescribed opioids and benzodiazepines to a patient who tested positive three times for cocaine and that Lague even wrote her an excuse note for her Narcotics Anonymous class before issuing her more prescriptions. Medical records from a third patient showed that Lague prescribed a highly potent formulation of fentanyl that was intended for use only to treat cancer pain to a patient who did not have cancer and twice tested positive for heroin. Records further showed that Lague had prescribed extraordinarily high amounts of oxycodone, as many as 90 oxycodone pills per day, to a fourth patient who had disclosed a prior oxycodone addiction and described consuming 25 pills at once on one occasion.
The guilty verdict followed an eleven-day jury trial before the Honorable Haywood S. Gilliam, U.S. District Court Judge.
Lague was indicted by a federal grand jury on December 5, 2017. He was charged with thirty-six counts of distributing Schedule II controlled substances outside the usual course of professional practice without a legitimate medical purpose, three counts of distributing Schedule IV controlled substances outside the usual course of professional practice without a legitimate medical purpose, one count of conspiracy to commit health care fraud, and six counts of health care fraud.
Following his conviction, Lague was remanded to the custody of the United States Marshals Service. Defendant’s sentencing hearing is scheduled for October 22, 2018, before Judge Gilliam in Oakland. The maximum statutory penalty for each count of distributing a controlled Schedule II substance outside the usual course of professional practice without a legitimate medical purpose in violation of 21 U.S.C. § 841(a)(1) is 20 years imprisonment and a fine of $1,000,000. The maximum statutory penalty for each count of distributing a controlled Schedule IV substance outside the usual course of professional practice without a legitimate medical purpose in violation of 21 U.S.C. § 841(a)(1) is 5 years imprisonment and a fine of $250,000. However, any sentence will be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Rita Lin and Frank Riebli are the Assistant U.S. Attorneys who are prosecuting the case with the assistance of Ana Guerra, Diana Wong, and Linda Love. This case was investigated and prosecuted by member agencies of the Organized Crime Drug Enforcement Task Force, a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state, and local law enforcement agencies.
Rio Grande City Man Ordered to Prison in Multi-Defendant Drug ConspiracyRead the Press Release
BROWNSVILLE, Texas – A 38-year-old South Texas man has been sentenced for his involvement in a multi-state drug trafficking conspiracy that had been trafficking marijuana and cocaine since 2003, announced U.S. Attorney Ryan K. Patrick. Arnaldo Bermea, of Rio Grande City, pleaded guilty Aug. 1, 2017.
Today, U.S. District Judge Andrew S. Hanen sentenced Bermea to a 102-month term of imprisonment to be immediately followed by a five-year term of supervised release. He was also ordered to pay a $10,000 fine.
Judge Hanen previously sentenced six other defendants in connection with this conspiracy. Jose Manuel Portillo-Guerrero, 42, of Valadeces, Tamaulipas, Mexico, Javier Alejandro Aldava, 30, and Oscar Erick Calvillo-Lores, 38, both of Reynosa, Tamaulipas Mexico, all undocumented aliens were sentenced to 52, 120 and 192 months in prison, respectively. Heber Bienvendio Tejada, 37, of New Jersey, received a 48-month prison term while Moises Ramirez, 34, and Ramiro Espinoza, 48, both of Brownville, were ordered to serve 60 and 81 months, respectively.
All seven conspirators were part of a multi-state drug trafficking and money laundering organization that had existed since 2003. The drug trafficking organization, based out of the Rio Grande Valley, would hire truck drivers to haul loads of produce to northern states with ton quantities of marijuana and multi-kilogram quantiles of cocaine hidden in false compartments. Drug proceeds would then be transported back to the Rio Grande Valley.
All defendants except Tejada, Ramirez and Espinoza, had pleaded guilty to conspiracy to possess with intent to distribute more than 1000 kilograms of marijuana. The evidence at sentencing indicated that on Aug. 10, 2011, agents approached a suspected narcotics stash house in Mission and found Portillo-Guerrero, Calvillo-Lores and Aldava. Authorities arrested all three after agents discovered 2,120 kilograms of marijuana within the garage of the residence. They also found marijuana hidden within concreate pillars and some hidden within a trailer inside the garage.
Bermea was coordinating the transportation of marijuana within the stash house to other parts of the country.
Tejada, Ramirez and Espinoza each pleaded guilty to conspiracy to possess with intent to distribute more than five kilograms of cocaine in connection with 98 kilograms of cocaine seized from within an 18-wheeler Tejada was driving also on Aug. 10, 2011.
Bermea will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The case was the result of a nearly three-year Organized Crime Drug Enforcement Task Force investigation. The Drug Enforcement Administration conducted the investigation with the assistance of IRS-Criminal Investigation; Immigration and Customs Enforcement’s Homeland Security Investigations; Bureau of Alcohol, Tobacco, Firearms and Explosives; FBI; Hidalgo County High Intensity Drug Trafficking Area task force; Border Patrol and the Brownsville Police Department. Assistant U.S. Attorney Angel Castro is prosecuting the case.
Queens Man Pleads Guilty to Attempting to Provide Material Support to ISISRead the Press Release
Earlier today, Ali Saleh, a U.S. citizen, pleaded guilty at the federal courthouse in Brooklyn to two counts of attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS). The proceeding took place before United States District Judge William F. Kuntz, II. When sentenced, Saleh faces up to 35 years’ imprisonment.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, John C. Demers, Assistant Attorney General for National Security, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the guilty plea.
“Ali Saleh attempted to travel to the Middle East to become an ISIS fighter, funded other foreign fighters, posted instructions to make explosive devices and transported explosive materials,” stated United States Attorney Donoghue. “The defendant’s persistent efforts to aid ISIS were defeated by the outstanding work of law enforcement officers who stopped him before he could do harm. This Office will continue to work closely with the FBI’s Joint Terrorism Task Force in New York to keep our city safe from terrorists and prevent extremists from travelling abroad to join foreign terrorist organizations.”
“Saleh was undeterred in his many attempts to travel to join ISIS, and although he failed in these efforts, he turned his attention to assisting others online to join ISIS’s murderous mission in Syria,” said Assistant Attorney General Demers. “I am grateful to our partners in federal law enforcement and the prosecutors who were able to apprehend and charge Saleh before he could do more damage or harm innocent Americans.”
“Ali Saleh was persistent in his efforts to become a foreign fighter, but his persistence did not exceed the diligence of law enforcement,” stated FBI Assistant Director-in-Charge Sweeney. “The defendant went to great lengths to attempt to travel to the Middle East, while funding other foreign fighters in the process. As the FBI’s Joint Terrorism Task Force continuously strives to protect citizens from potential terrorist threats, today’s plea depicts one of the many efforts to achieve this goal.”
“New Yorkers continue to benefit from the NYPD’s robust counterterrorism capabilities and strong working relationships with our law enforcement partners on the Joint Terrorism Task Force,” stated NYPD Commissioner O’Neill. “Today’s guilty plea shows that in collaboration with the FBI and the Eastern District of New York, our skilled investigators and analysts will stop at nothing to further the critical mission of defending society from acts of terrorism wherever and however, they are being planned.”
According to court filings, Saleh was arrested after repeatedly attempting to travel to the Middle East to become a foreign fighter for ISIS. In 2013 and thereafter, Saleh became interested in the conflict in Syria, swore an oath of allegiance to ISIS and decided to travel to the Middle East in support of ISIS. On August 25, 2014, Saleh stated online, “I’m ready to die for the Caliphate, prison is nothing.” On August 28, 2014, Saleh stated online, “Lets be clear the Muslims in the khilafah [caliphate] need help, the one who is capable to go over and help the Muslims must go and help.” That same day, Saleh made an airline reservation to travel from New York to Turkey, a country bordering Syria. The defendant was ultimately prevented from traveling because his parents took away his passport.
Saleh then redirected his efforts to facilitating others’ support of ISIS. In October 2014, the defendant communicated with an ISIS supporter in Mali through an online messaging platform and sent a wire transfer in the amount of $500 to fund that person’s travel to Syria. Around the same time period, the defendant communicated with several other individuals in an effort to facilitate their support of ISIS, including known ISIS supporters in the United Kingdom and Australia.
In July 2015, the defendant purchased fireworks containing explosive powder, hid them in a concealed compartment in the trunk of his car, and drove from Indiana towards New York City. The fireworks contained approximately 1,196 grams of low explosive powder, consisting of both pyrotechnic material and black powder. Law enforcement agents located a cellphone belonging to Saleh during the time frame when he acquired the explosive powder and discovered on the phone an electronic pamphlet titled, “Muslim Gangs: The Future of Muslims in the West (Ebook 1: How to Survive in the West).” The pamphlet provided detailed instructions regarding how to create a bomb using explosive powder from fireworks. Saleh posted online the pamphlet’s image of a soda can hand grenade with instructions on how to build an improvised explosive device. When Saleh’s car broke down on the way to New York City, he abandoned it.
Subsequently, on July 24, 2015, the defendant made a reservation to travel from New York to Egypt, a country bordering Libya, and went to JFK International Airport. The defendant was ultimately denied boarding. The defendant subsequently visited three additional international airports in Newark, Philadelphia and Indianapolis, but continued to encounter travel restrictions. The defendant attempted to circumvent air travel restrictions by taking a train from Cleveland to Canada and flying to the Middle East. After law enforcement intervention, however, the defendant did not board the train and instead returned to New York.
After his encounters with law enforcement, Saleh changed his online social media moniker and expressed his support for ISIS under new usernames. On August 24, 2015, the defendant stated online, “I am a terrorist.” On September 1, 2015, the defendant stated online, “If they aren’t implementing shariah [Islamic law] grab ur gun and implement shariah and see how fast the world turns against u.” That same day, the defendant also stated online, “Akhi [brother] if implementing sharia [Islamic law] is easy do it in ur neighborhood and defend it from kuffar [the infidels] and give bayah [an oath of allegiance] to IS.”
The government’s case is being handled by the Office’s National Security & Cybercrime Section. Assistant United States Attorneys Saritha Komatireddy, Margaret E. Lee and Alexander F. Mindlin are in charge of the prosecution, with assistance provided by Trial Attorneys Lolita Lukose and Jacqueline Barkett of the Justice Department’s Counterterrorism Section.
The Defendant:
ALI SALEH
Age: 25
Queens, New YorkE.D.N.Y. Docket No. 15-CR-517
Press Statement Regarding Samantha ElhassaniRead the Press Release
HAMMOND – Two U.S. citizens, charged with federal violations, have been transferred from the custody of the Syrian Democratic Forces (SDF) to U.S. law enforcement custody and arrived today in the Northern District Indiana.
One defendant, Ibraheem Izzy Musaibli, was transferred to face charges in the U.S. District Court in Detroit, Michigan.
The other defendant, Samantha Elhassani aka Samantha Sally (hereinafter Elhassani), has been charged in the Northern District of Indiana with making false statements to the FBI and will have her initial hearing at the Hammond Federal Courthouse at a later date. Elhassani was accompanied by her four minor U.S. citizen children. The children are currently in the care of Indiana Department of Child Services (DCS). Indiana DCS will make any necessary determinations regarding their custody, safety, and well-being.
The United States Attorney’s Office for the Northern District of Indiana has offered DCS any assistance that they may need from federal authorities
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Pennsylvania Cyber Charter School Founder Gets 20 Months in Prison for $8M Tax SchemeRead the Press Release
PITTSBURGH - The founder and former CEO of the Pennsylvania Cyber Charter School has been sentenced in federal court in Pittsburgh to 20 months in prison on a charge of tax conspiracy, United States Attorney Scott W. Brady announced today.
Nicholas Trombetta, 63, of East Liverpool, Ohio, was sentenced today by Chief United States District Judge Joy Flowers Conti.
"Protecting the public trust is a top priority of our Office," stated U.S. Attorney Brady. "School districts across the Commonwealth sent funds to the Pennsylvania Cyber Charter School to educate their students. Over $8 million of those funds were diverted by Trombetta to other companies he covertly controlled, including a portion which went to a company in his sister’s name to hide the fact that he was the ultimate recipient. In the course of the scheme, he defrauded the IRS of $437,632 by shifting his income to the tax returns of others. The sentence imposed today should serve as a reminder that violating the public trust has serious consequences for public officials."
"This money should have been going to educate our children," said Assistant Special Agent in Charge Chad Yarbrough. "Parents put their kids and their trust in this school and its leaders. Instead, Mr. Trombetta funded his own lavish lifestyle. The FBI and our law enforcement partners will always hold those accountable to abuse their positions for their own personal profit."
"Mr. Trombetta’s complex, fraudulent scheme to enrich himself and evade income taxes is unfair to every taxpayer who obeys the law and pays their fair share," said Guy Ficco, Special Agent in Charge of IRS Criminal Investigation for the Philadelphia Field Office. "The Special Agents of IRS CI will continue doing everything we can to hold individuals accountable to the same tax laws that they are subject to, ensuring that our tax system is fair to everyone."
"Mr. Trombetta not only abused his position of trust for personal gain, but did so at the expense of the very ones he promised to serve – school children. Now he will be held accountable for his actions," said Geoffrey Wood, Special Agent in Charge of the U.S. Department of Education Office of Inspector General Eastern Regional Office. "The OIG and our law enforcement partners will continue to aggressively pursue those who misappropriate education funds for their own purposes. America’s students and taxpayers deserve nothing less."
The court was advised that Trombetta was the founder and Chief Executive Officer of the PA Cyber Charter School. Trombetta created a series of connected for-profit and not-for-profit entities to siphon taxpayer funds out of PA Cyber and to avoid federal income tax liabilities. Trombetta funneled approximately $8,000,000 from PA Cyber through an entity then known as NNDS and finally to a company called Avanti Management Group, where Trombetta had free access to the funds.
At the sentencing proceeding, Judge Conti also imposed a three-year term of supervised release on Trombetta. She also ordered that he perform community service upon his release from prison.
Assistant United States Attorneys Robert S. Cessar, Stephen R. Kaufman and James R. Wilson are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Internal Revenue Service - Criminal Investigations and the U.S. Department of Education - Office of Inspector General conducted the investigation leading to the prosecution of Trombetta.
Pembroke Woman Pleads Guilty to Participating in Methamphetamine Trafficking ConspiracyRead the Press Release
CONCORD - Katie Jo Waters, 29, of Pembroke, pleaded guilty in federal court to participating in a methamphetamine trafficking conspiracy, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, between January 2018 and May 2018, Waters received multiple packages of methamphetamine mailed by persons in Las Vegas, Nevada. Over the same period, to pay for the drugs, Waters made 11 separate money transfers, totaling $18,700, to suppliers in Las Vegas. Postal Inspectors intercepted two of the mailed packages destined for the defendant’s address and seized a total of more than one pound of nearly pure methamphetamine. On April 11, 2018, a New Hampshire State Trooper stopped Waters and another individual in Canterbury, New Hampshire, and eventually seized more than 38 grams of methamphetamine and a Sig Sauer 9 mm. pistol from the car she was driving. Defendant Waters was arrested on federal charges on May 9, 2018.
Waters pleaded guilty to conspiracy to distribute, and possess with intent to distribute, methamphetamine. She is scheduled to be sentenced on October 31, 2018.
“Even as we struggle with the opioid crisis, methamphetamine poses an increasing threat to the citizens of New Hampshire,” said U.S. Attorney Murray. “This dangerous drug can cause damage to those who use it and it also creates substantial public safety concerns. I am grateful for the efforts of the law enforcement officers who worked together on this case to stop this defendant’s drug trafficking activities.”
“The U.S. Postal Inspection Service will continue to conduct investigations with our counterparts to combat drug trafficking and to send a clear message that the use of the U.S. Mail to facilitate drug trafficking will not be tolerated,” said Acting Inspector in Charge, Delany De Leon-Colon, U.S. Postal Inspection Service, Boston Division.
“DEA is committed to bringing to justice those that distribute methamphetamine,” said DEA Special Agent in Charge Brian D. Boyle. “DEA and its local, state and federal law enforcement partners will do everything in our power to keep this highly addictive drug off the streets of New Hampshire.”
This matter was investigated by the DEA, U.S. Postal Inspection Service, and the New Hampshire State Police. The case is being prosecuted by Assistant U.S. Attorneys John S. Davis and Shane B. Kelbley.
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
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Oronogo Man Sentenced to 12 Years for Child PornographyRead the Press Release
SPRINGFIELD, Mo. – An Oronogo, Mo., man was sentenced in federal court today for receiving and distributing child pornography.
Casey Robert Caudle, 35, was sentenced by U.S. District Judge M. Douglas Harpool to 12 years in federal prison without parole.
On Nov. 16, 2017, Caudle pleaded guilty to one count of receiving and distributing child pornography. Caudle admitted that he used the KIK application to trade child pornography.
According to court documents, Caudle was sending sexually explicit images of an 11-year-old victim, whom he falsely claimed to be his daughter that he was molesting. Caudle sent the images to an individual who reported it to law enforcement. Investigators found 49 images and 49 videos of child pornography on Caudle’s cell phone, including children as young as four or five years of age.
This case was prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the Southwest Missouri Cybercrimes Task Force.
Project Safe Childhood
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.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
New York Man Pleads Guilty to Attempting to Provide Material Support to ISISRead the Press Release
Ali Saleh, 25, of Queens, New York, pleaded guilty today to two counts of attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.
The announcement was made by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Richard P. Donoghue for the Eastern District of New York, Assistant Director in Charge William F. Sweeney, Jr. of the FBI’s New York Field Office, and Commissioner James P. O’Neill of the NYPD. The plea was accepted by U.S. District Judge William F. Kuntz, II.
“Saleh was undeterred in his many attempts to travel to join ISIS, and although he failed in these efforts, he turned his attention to assisting others online to join ISIS’s murderous mission in Syria,” said Assistant Attorney General Demers. “I am grateful to our partners in federal law enforcement and the prosecutors who were able to apprehend and charge Saleh before he could do more damage or harm innocent Americans.”
“Ali Saleh attempted to travel to the Middle East to become an ISIS fighter, funded other foreign fighters, posted instructions to make explosive devices and transported explosive materials,” stated U.S. Attorney Donoghue. “The defendant’s persistent efforts to aid ISIS were defeated by the outstanding work of law enforcement officers who stopped him before he could do harm. This Office will continue to work closely with the FBI’s Joint Terrorism Task Force in New York to keep our city safe from terrorists and prevent extremists from travelling abroad to join foreign terrorist organizations.”
“Ali Saleh was persistent in his efforts to become a foreign fighter, but his persistence did not exceed the diligence of law enforcement,” stated FBI Assistant Director-in-Charge Sweeney. “The defendant went to great lengths to attempt to travel to the Middle East, while funding other foreign fighters in the process. As the FBI’s Joint Terrorism Task Force continuously strives to protect citizens from potential terrorist threats, today’s plea depicts one of the many efforts to achieve this goal.”
“New Yorkers continue to benefit from the NYPD’s robust counterterrorism capabilities and strong working relationships with our law enforcement partners on the Joint Terrorism Task Force,” stated NYPD Commissioner O’Neill. “Today’s guilty plea shows that in collaboration with the FBI and the Eastern District of New York, our skilled investigators and analysts will stop at nothing to further the critical mission of defending society from acts of terrorism wherever and however, they are being planned.”
According to court filings, Saleh was arrested after repeatedly attempting to travel to the Middle East to become a foreign fighter for ISIS. In 2013 and thereafter, Saleh became interested in the conflict in Syria, swore an oath of allegiance to ISIS and decided to travel to the Middle East in support of ISIS. On Aug. 25, 2014, Saleh stated online, “I’m ready to die for the Caliphate, prison is nothing.” On Aug. 28, 2014, Saleh stated online, “Lets be clear the Muslims in the khilafah [caliphate] need help, the one who is capable to go over and help the Muslims must go and help.” That same day, Saleh made an airline reservation to travel from New York to Turkey, a country bordering Syria. The defendant was ultimately prevented from traveling because his parents took away his passport.
Saleh then redirected his efforts to facilitating others’ support of ISIS. In October 2014, the defendant communicated with an ISIS supporter in Mali through an online messaging platform and sent a wire transfer in the amount of $500 to fund that person’s travel to Syria. Around the same time period, the defendant communicated with several other individuals in an effort to facilitate their support of ISIS, including known ISIS supporters in the United Kingdom and Australia.
In July 2015, the defendant purchased fireworks containing explosive powder, hid them in a concealed compartment in the trunk of his car, and drove from Indiana towards New York City. The fireworks contained approximately 1,196 grams of low explosive powder, consisting of both pyrotechnic material and black powder. Law enforcement agents located a cellphone belonging to Saleh during the time frame when he acquired the explosive powder and discovered on the phone an electronic pamphlet titled, “Muslim Gangs: The Future of Muslims in the West (Ebook 1: How to Survive in the West).” The pamphlet provided detailed instructions on how to create a bomb using explosive powder from fireworks. The pamphlet provided an example of a soda can grenade, and the instructions specifically stated that the soda can should be filled with “[e]xplosive powder (i.e. from Fireworks).” Saleh posted online the pamphlet’s image of a soda can hand grenade with instructions on how to build an improvised explosive device. Saleh’s car broke down on the way to New York City and was abandoned by the defendant.
Subsequently, on July 24, 2015, the defendant made a reservation to travel from New York to Egypt, a country bordering Libya, and went to JFK International Airport. The defendant was ultimately denied boarding. The defendant subsequently visited three additional international airports in Newark, Philadelphia and Indianapolis, but continued to encounter travel restrictions. The defendant attempted to circumvent the apparent restrictions on his air travel by planning to take a train from Cleveland to Canada, where he intended to fly out to the Middle East. After law enforcement intervention, however, the defendant did not board the train and instead returned to New York.
After his encounters with law enforcement, Saleh changed his online social media moniker and expressed his support for ISIS under new usernames. On Aug. 24, 2015, the defendant stated online, “I am a terrorist.” On Sept. 1, 2015, the defendant stated online, “If they aren’t implementing shariah [Islamic law] grab ur gun and implement shariah and see how fast the world turns against u.” That same day, the defendant also stated online, “Akhi [brother] if implementing sharia [Islamic law] is easy do it in ur neighborhood and defend it from kuffar [the infidels] and give bayah [an oath of allegiance] to IS.”
When sentenced, Saleh faces up to 35 years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Assistant United States Attorneys Saritha Komatireddy, Margaret E. Lee and Alexander F. Mindlin of the Eastern District of New York are in charge of the prosecution, with assistance provided by Trial Attorneys Lolita Lukose and Jacqueline Barkett of the National Security Division’s Counterterrorism Section.
Missouri Man Sentenced to Two Years for Hate CrimesRead the Press Release
Preston Q. Howard, 50, of Wright City, Missouri, was sentenced today by Chief United States District Court Judge J. Randal Hall to 24 months in prison for obstructing persons in the free exercise of religious beliefs, in violation of 18 U.S.C. 247(a)(2). The judge enhanced the sentence because Mr. Howard chose his victims based on their religion, thereby committing a hate crime. When imposing the sentence, Chief Judge Hall noted Howard’s “disturbing pattern of intolerance of many groups of people,” and the Court’s intent to afford a deterrent to similar criminal conduct by Howard and others who may believe and act as he did.
“Threats of violence based on religious beliefs have no place in our country,” said Acting Assistant Attorney General John Gore. “The Civil Rights Division will continue to work tirelessly to prosecute hate crime offenders.”
“Threats made against houses of worship are abhorrent and this Office will work tirelessly to ensure that members of all faiths may worship in peace and without intimidation,” said U.S. Attorney Bobby L. Christine. “The United States Attorney’s Office, in concert with our law enforcement partners, will work tirelessly to protect our houses of worship.”
“The FBI will not tolerate threats and intimidation against anyone because of their religion or their beliefs,” said Murang Pak, Acting Special Agent in Charge (A/SAC) of FBI Atlanta. “No one should feel they have the right to instill fear in our citizens and rob them of their sense of safety in their communities and particularly where they choose to practice their faith.”
According to information presented at Howard’s guilty plea and sentencing hearings, between June 22, 2017, and Aug. 8, 2017, Howard made numerous telephone calls to the Islamic Society of Augusta (ISA), during which he threatened to “kill,” “bomb,” “shoot,” “behead,” “slaughter,” “execute,” “light on fire,” and “murder” members of the mosque, to “hunt down” and “zone in” on Muslims, and to “blow up the mosque.” Howard admitted committing these acts and obstructing or attempting to obstruct the mosque members’ free exercise of their religious beliefs.
In response to Howard’s threats, the ISA upgraded their security system and hired off-duty officers to provide added security during services and community events. Howard was ordered to pay almost $30,000 in restitution to cover those costs.
The FBI Atlanta Field Division investigated the case. Assistant United States Attorney Nancy Greenwood prosecuted the case on behalf of the United States, in consultation with the Criminal Section of the Civil Rights Division. For any questions, please contact the United States Attorney’s Office at (912) 652-4422.
Missouri Man Sentenced to Two Years for Hate CrimesRead the Press Release
AUGUSTA, GA: Preston Q. Howard, 50, of Wright City, Missouri, was sentenced today by Chief United States District Court Judge J. Randal Hall, to 24 months in prison for obstructing persons in the free exercise of religious beliefs, in violation of 18 U.S.C. 247(a)(2). His sentence included an enhancement because he chose his victims based on their religion, thereby committing a hate crime. When imposing the sentence, Chief Judge Hall noted Howard’s “disturbing pattern of intolerance of many groups of people,” and the Court’s intent to afford a deterrent to similar criminal conduct by Howard and others who may believe and act as he did.
“Threats of violence based on religious beliefs have no place in our country,” said Acting Assistant Attorney General John Gore. “The Civil Rights Division will continue to work tirelessly to prosecute hate crime offenders.”
“Threats made against houses of worship are abhorrent and this Office will work tirelessly to ensure that members of all faiths may worship in peace and without intimidation,” said U.S. Attorney Bobby L. Christine. “The United States Attorney’s Office, in concert with our law enforcement partners, will work tirelessly to protect our houses of worship.”
According to information presented at Howard’s guilty-plea and sentencing hearings, between June 22, 2017 and Aug 8, 2017, Howard made numerous telephone calls to the Islamic Society of Augusta (ISA), during which he threatened to “kill,” “bomb,” “shoot,” “behead,” “slaughter,” “execute,” “light on fire,” and “murder” members of the mosque, to “hunt down” and “zone in” on Muslims, and to “blow up the mosque.” Howard admitted committing these acts and obstructing or attempting to obstruct the mosque members’ free exercise of their religious beliefs.
“The FBI will not tolerate threats and intimidation against anyone because of their religion or their beliefs,” said Murang Pak, Acting Special Agent in Charge of FBI Atlanta. “No one should feel they have the right to instill fear in our citizens and rob them of their sense of safety in their communities and particularly where they choose to practice their faith.”
In response to Howard’s threats, the ISA upgraded their security system, and hired off-duty officers to provide added security during services and community events. Howard was ordered to pay almost $30,000 in restitution to cover those costs.
The FBI Atlanta Field Division investigated the case. Assistant United States Attorney Nancy Greenwood prosecuted the case on behalf of the United States, in consultation with the Criminal Section of the Civil Rights Division. For any questions, please contact the United States Attorney’s Office at (912) 652-4422.
Michigan Man Charged with Providing Material Support to IsisRead the Press Release
WASHINGTON – In a criminal indictment unsealed in the Eastern District of Michigan today, Ibraheem Izzy Musaibli, 28, of Dearborn, Michigan, was charged with providing and attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.
The indictment was announced by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Matthew J. Schneider of the Eastern District of Michigan and Timothy R. Slater, Special Agent in Charge of the Detroit, Michigan office of the Federal Bureau of Investigation.
Musaibli, a natural-born U.S. citizen, was detained overseas by Syrian Democratic Forces (SDF) and recently transferred into U.S. custody. Musaibli will be arraigned on the indictment at the federal courthouse in Detroit on Wednesday, July 25, 2018, at 1:00 p.m. EDT.
The indictment alleges that from about April 2015 through June 2018, Musaibli knowingly provided and attempted to provide material support to ISIS, in the form of personnel and services, knowing that ISIS is a terrorist organization and that ISIS engages in terrorism.
“The National Security Division will not tolerate threats to our country from terrorist organizations like ISIS—not least of all those that come from our own citizens,” said Assistant Attorney General Demers. “Musaibli’s alleged provision of material support to ISIS put the United States at risk and may have endangered the lives of countless innocent people. I am confident that he will face justice for his crimes, and I hope that his case sends a clear message that we will hold our citizens accountable who are apprehended overseas and tried to join a terrorist organization such as ISIS. I am also grateful to our law enforcement and military partners who made this prosecution possible.”
“The indictment alleges that, for a substantial period of time, defendant Musaibli provided material support to ISIS — one of the most violent terrorist organizations in the world. During that same time, American-backed coalition forces were fighting ISIS in Iraq and Syria,” United States Attorney Matthew Schneider stated. “We will vigorously prosecute anyone who provides, or even attempts to provide, support to terrorists.”
“The indictment in this case serves as a reminder of the danger posed by those who travel overseas to join forces with ISIS,” said Timothy R. Slater, Special Agent in Charge, Detroit Division of the FBI. “The FBI is determined to find these individuals and bring them to justice. Bringing charges in these cases will remind others what can happen if they provide assistance to foreign terrorist organizations.”
An indictment is merely a formal charge that a defendant has committed a violation of criminal law and is not evidence of guilt. Every defendant is presumed innocent unless and until proven guilty.
This case is being investigated by the FBI’s Joint Terrorism Task Force. The case is being prosecuted by Assistant U.S. Attorneys Cathleen Corken and Kevin Mulcahy of the Eastern District of Michigan with assistance from the National Security Division’s Counterterrorism Section.
Michigan Man Charged with Providing Material Support to ISISRead the Press Release
In a criminal indictment unsealed in the Eastern District of Michigan today, Ibraheem Izzy Musaibli, 28, of Dearborn, Michigan, was charged with providing and attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.
The indictment was announced by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Matthew J. Schneider of the Eastern District of Michigan and Timothy R. Slater, Special Agent in Charge of the Detroit, Michigan office of the Federal Bureau of Investigation.
Musaibli, a natural-born U.S. citizen, was detained overseas by Syrian Democratic Forces (SDF) and recently transferred into U.S. custody. Musaibli will be arraigned on the indictment at the federal courthouse in Detroit on Wednesday, July 25, 2018, at 1:00 p.m. EDT.
The indictment alleges that from about April 2015 through June 2018, Musaibli knowingly provided and attempted to provide material support to ISIS, in the form of personnel and services, knowing that ISIS is a terrorist organization and that ISIS engages in terrorism.
“The National Security Division will not tolerate threats to our country from terrorist organizations like ISIS—not least of all those that come from our own citizens,” said Assistant Attorney General Demers. “Musaibli’s alleged provision of material support to ISIS put the United States at risk and may have endangered the lives of countless innocent people. I am confident that he will face justice for his crimes, and I hope that his case sends a clear message that we will hold our citizens accountable who are apprehended overseas and tried to join a terrorist organization such as ISIS. I am also grateful to our law enforcement and military partners who made this prosecution possible.”
“The indictment alleges that, for a substantial period of time, defendant Musaibli provided material support to ISIS — one of the most violent terrorist organizations in the world. During that same time, American-backed coalition forces were fighting ISIS in Iraq and Syria,” United States Attorney Matthew Schneider stated. “We will vigorously prosecute anyone who provides, or even attempts to provide, support to terrorists.”
“The indictment in this case serves as a reminder of the danger posed by those who travel overseas to join forces with ISIS,” said Timothy R. Slater, Special Agent in Charge, Detroit Division of the FBI. “The FBI is determined to find these individuals and bring them to justice. Bringing charges in these cases will remind others what can happen if they provide assistance to foreign terrorist organizations.”
An indictment is merely a formal charge that a defendant has committed a violation of criminal law and is not evidence of guilt. Every defendant is presumed innocent unless and until proven guilty.
This case is being investigated by the FBI’s Joint Terrorism Task Force. The case is being prosecuted by Assistant U.S. Attorneys Cathleen Corken and Kevin Mulcahy of the Eastern District of Michigan with assistance from the National Security Division’s Counterterrorism Section.
Mexican Man Sentenced to Prison for Illegally Reentering the United States after Two Prior DeportationsRead the Press Release
A Mexican man who illegally returned to the United States after being deported following a conviction for a drug felony offense was sentenced July 23, 2018, to 27 months in federal prison.
Leonides Osornio-Torres, age 45, a citizen of Mexico illegally present in the United States and residing in Waterloo, Iowa, received the prison term after a May 7, 2018, guilty plea to one count of illegal reentry into the United States after having been convicted of an aggravated felony offense.
At the guilty plea, Osornio-Torres admitted he had previously been deported from the United States on July 22, 2011, and again on November 6, 2016. He then illegally reentered the United States without the permission of the United States government. Osornio-Torres was previously convicted on January 31, 2003, in the United States District Court for the Northern District of Iowa of distribution of approximately 5.5 pounds of pure methamphetamine and sentenced to 135 months’ imprisonment. On February 23, 2018, Osornio-Torres was arrested in Black Hawk County for providing false identification information and public intoxication and was turned over to ICE on March 16, 2018.
Osornio-Torres was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Osornio-Torres was sentenced to 27 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Osornio-Torres is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-2013-LRR.
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Mexican Man Sentenced to Prison Following Deportation and Document FraudRead the Press Release
A Mexican man who had been deported, illegally returned to the United States, and then used false identification documents to obtain a job was sentenced July 23, 2018, to 27 months in federal prison.
Pablo Rosales-Aquino, age 37, a citizen of Mexico illegally present in the United States and residing in Waterloo, Iowa, received the prison term after an April 19, 2018, guilty plea to one count of unlawful use of identification documents and one count of illegal reentry into the United States.
At the guilty plea, Rosales-Aquino admitted he had previously been deported from the United States on April 15, 2009, and that he illegally reentered the United States without the permission of the United States government. Rosales-Aquino was also given voluntary returns to Mexico seven times between March 1998 and January 2000. Rosales-Aquino also admitted that on December 5, 2017, he used a fraudulent social security card and a fraudulent Green card when completing employment forms to obtain a job in Cedar Falls, Iowa. The social security account number on the card used by Rosales-Aquino belonged to a United States citizen. The account number on the Green card belonged to another person.
Rosales-Aquino has prior convictions for operating a motor vehicle while intoxicated in Allamakee County in 2004, in Clayton County in 2005, and in Black Hawk County in 2007. On February 1, 2018, Rosales-Aquino was arrested in Black Hawk County for driving without a license. On March 2, 2018, immigration agents arrested Rosales-Aquino at his place of employment in Cedar Falls.
Rosales-Aquino was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Rosales-Aquino was sentenced to 27 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Rosales-Aquino is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
ourt file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-2010-LRR.
Follow us on Twitter @USAO_NDIA.
Mexican Citizen Sentenced to More Than 15 Years in Prison for Drug and Gun ConspiraciesRead the Press Release
Cesar David Grangel, 49, a citizen of Mexico and undocumented resident of California, has been sentenced in federal court for a drug conspiracy and a firearm trafficking conspiracy, United States Attorney for the Southern District of Illinois, Steven D. Weinhoeft, announced today. The sentencing followed Grangel’s guilty plea on January 25, 2018, for conspiracy to distribute and possess with intent to distribute controlled substances (cocaine and methamphetamine) and conspiracy to transfer a firearm to an illegal alien. The court sentenced Grangel to a total sentence of 188 months imprisonment and five years supervised release on those charges and ordered the sentence to be served concurrently with an identical sentence for conspiracy to possess with intent to distribute methamphetamine, based on a case that arose in the District of Idaho but was later transferred to the Southern District of Illinois.
According to court documents, from February 2015 to November 2016, Grangel served as a manager / supervisor of a drug conspiracy that operated in the Southern District of Illinois, the Central District of California, the District of Idaho, the Eastern District of Wisconsin, and the District of North Carolina. During the course of the conspiracy, law enforcement arrested an individual in the Southern District of Illinois who was transporting a load of firearms and ammunition on a return trip from Wisconsin to California. The firearms and ammunition were discovered in a sophisticated, non-factory compartment within the vehicle and were supposed to have been delivered to Grangel, an illegal alien, at Grangel’s direction. Grangel then intended to transfer the firearms to another person so they could be smuggled into Mexico.
Grangel also managed and supervised the transportation of controlled substances within California, as well as from California to Idaho, Wisconsin and North Carolina.
There is no parole in the federal system. The term of supervised release, which follows
service of imprisonment, will be non-reporting based upon Grangel’s anticipated removal from the United States.
The Bureau of Alcohol, Tobacco Firearms and Explosives conducted the investigation leading to the charges against Grangel. The case is being handled by Assistant United States Attorney Kit Morrissey.
Meth Smuggler Ordered to Federal PrisonRead the Press Release
BROWNSVILLE, Texas – A 19-year-old U.S. citizen who resided in Matamoros, Mexico, has been ordered to prison for smuggling methamphetamine through the local port of entry, announced U.S. Attorney Ryan K. Patrick. Brenda Guerra Rios pleaded guilty Jan. 17, 2018, to possession with intent to distribute more than 50 grams of methamphetamine.
Today, U.S. District Judge Andrew S. Hanen ordered Guerra-Rios to federal prison for 66 months. The sentence will be immediately followed by three years of supervised release.
On Nov. 7, 2017, Guerra-Rios attempted to make entry into the United States from Mexico through the pedestrian lane at the Gateway International Port of Entry in Brownsville. A search in secondary inspection revealed a package hidden inside a girdle near her abdomen. The package contained 491.5 grams of methamphetamine.
She has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations and Customs and Border Protection conducted the investigation. Assistant U.S. Attorney David Coronado prosecuted the case.
Manhattan U.S. Attorney Announces Money Laundering Charges Against Operators of Nationwide Prostitution Enterprise and Seizure of Online Escort WebsiteRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Angel M. Melendez, Special Agent in Charge of Immigration and Customs Enforcement’s Homeland Security Investigations in New York (“HSI”), announced today the arrest of BRANDON MARTIN and TAMEKO LINDO for money laundering and conspiracy to commit money laundering in connection with their ownership and operation of Flawless Escorts, a nationwide business offering prostitution services, as well as the seizure of Flawless Escorts’ website. MARTIN and LINDO will be presented today in Fort Lauderdale federal court.
U.S. Attorney Geoffrey S. Berman said: “As alleged, Brandon Martin and Tameko Lindo ran a nationwide prostitution ring, requiring their ‘employees’ to service as many as seven clients a day. However, the fatal flaw in Martin and Lindo’s alleged scheme was their underestimation of law enforcement’s ability to detect and halt their illicit activities.”
HSI Special Agent in Charge of Angel M. Melendez said: “In just under four years, these defendants are alleged to have secured more than three thousand hotel bookings to use in the furtherance of their prostitution scheme. In this case, members of HSI’s El Dorado Task Force were able to follow the money, tracking the advertising funds, payments and movement of dollars to locate the perpetrators, and they now face prosecutions for their actions.”
According to the allegations in the Complaint sworn out in Manhattan federal court:[1]
From 2014 to the present, MARTIN and LINDO have operated an online prostitution service through their website, www.flawlessescorts.com (the “Website”). As part of their prosecution business, MARTIN and LINDO arranged for escorts to travel throughout the United States to engage in prostitution, securing more than 3,000 hotel bookings under the names of various women. MARTIN and LINDO also required escorts to follow certain protocols when traveling on behalf of the Website, including an expectation that each escort would see a minimum of seven clients per day. MARTIN and LINDO also required escorts to deposit the proceeds of their commercial sex acts into a number of corporate and personal bank accounts that they controlled.
MARTIN and LINDO then used the proceeds of the prostitution scheme for personal gain and to further their illegal prostitution business. They paid, for example, over $180,000 from bank accounts under their control to advertise for the Website and to pay expenses of individual escorts.
* * *
MARTIN, 42, and LINDO, 38, of Parkland, Florida, are charged with one count of conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison, and two counts of money laundering, each of which carries a maximum sentence of 20 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of HSI, the New York City Police Department, and the Broward County Sherrif's Office.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Tara M. La Morte and Kyle A. Wirshba are in charge of the prosecution.
The charge contained in the Complaint is merely an accusation, 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.
Man Sentenced to Prison for Virginia Beach Bank RobberyRead the Press Release
NORFOLK, Va. – A Virginia Beach man was sentenced today to 15 years in prison for participating in an armed robbery of a bank in Virginia Beach.
According to court documents, Austin Lee Howard, 35, made plans with Marquis Larosa Buckley, 41, to conduct an armed robbery of a PNC Bank in Virginia Beach. Howard was caught on surveillance video entering the bank the day before the planned robbery to become familiar with the layout, where the tellers and offices were located, and whether there were any security cameras and personnel in the bank.
On or about Oct. 13, 2017, Buckley, wearing a disguise, entered the PNC Bank and brandished a firearm while demanding money from the tellers. He then dropped what appeared to be an explosive device on the floor, which was later determined to be a hoax bomb. In order to speed up the tellers, Buckley discharged his firearm in the bank, and the tellers handed over approximately $8000. During the robbery, one of the tellers secreted an electronic tracking device in the money given to Buckley before he fled the scene and got into the get-a-way vehicle driven by Howard. As a result, the Virginia Beach police were able to track the robbers’ movements via GPS as they fled the scene in the get-a-way vehicle. The police eventually located the get-a-way vehicle and recovered the money with the GPS device, the pistol used during the robbery, and the disguise worn by Buckley.
Buckley pleaded guilty to his role in the armed robberies on July 3, and is scheduled for sentencing on October 3.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after sentencing by U.S. District Judge Raymond A. Jackson. Assistant U.S. Attorney William D. Muhr prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-16.
Man Sentenced to Life in Prison for 2009 Newport News MurderRead the Press Release
NEWPORT NEWS, Va. – A Boston man was sentenced today to life in prison for his role in a 2009 murder in Newport News.
Joseph James Cain Benson, 36, was convicted following a jury trial on April 17, along with co-defendants Mark Xavier Wallace of Williamsburg and Bryan Lamar Brown, of Newport News, for their respective roles in the 2009 murder of Louis Joseph Jr., in Newport News.
According to court documents, Joseph was beaten and shot multiple times at his Denbigh home while he babysat a five-year-old child by Joseph Benson. Benson and another individual traveled from Boston to Williamsburg to commit the home invasion of Louis Joseph to obtain money and drugs. Brown transported the co-defendants to Joseph’s house and also supplied the two firearms to commit the murder. Benson and at least one other man entered the home of Joseph, beat him and shot him multiple times during the robbery.
Brown was sentenced to 45 years in prison on July 19. Wallace is scheduled for sentencing on August 6.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, and Steve R. Drew, Chief of Newport News Police, made the announcement after sentencing by U.S. District Judge Raymond A. Jackson. Assistant U.S. Attorneys Lisa R. McKeel and Howard J. Zlotnick prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:17-cr-45.
Man Sentenced After Lying About Writing Threatening Note on Board United Flight from San Diego to DenverRead the Press Release
DENVER – Cameron Elvan Korth, age 22, of Denver, was sentenced late last week by U.S. District Court Judge Raymond P. Moore to serve 18 months in federal prison followed by 4 months in a halfway house for lying to authorities about writing a threatening note aboard an aircraft bound for Denver, announced U.S. Attorney Bob Troyer and FBI Denver Division Special Agent in Charge Calvin Shivers. After his custodial sentence, the defendant was ordered to spend 3 years on supervised release. Korth appeared at the sentencing hearing in custody and was remanded at its conclusion.
Korth was first charged by criminal complaint on January 17, 2017. He was indicted by a federal grand jury in Denver on February 7, 2017. He pled guilty to providing false information and threats before Judge Moore on April 10, 2018. He was sentenced on July 20, 2018.
According to the stipulated facts contained in the plea agreement, on January 16, 2017, at approximately 8:26 p.m., the FBI was advised of a written bomb threat discovered by a passenger onboard United Airlines Flight 231 in flight from San Diego to Denver. The passenger was later identified as the defendant Cameron Korth. The note stated, “THERE IS BOMBS ON UA 231 DO NOT ATTEMPT TO LAND.” Due to the threat, upon arrival in Denver, Flight 231 was parked on an isolated portion of the airfield away from the DIA Main Terminal and concourses. The passengers were evacuated to waiting buses and the aircraft was searched by the Denver Police Department. No explosives were found.
Mr. Korth was brought to the Denver Police Office in the Airport Office Building at DIA so he could be interviewed about his involvement in the bomb threat incident. Korth was asked to provide a written statement about what had happened on Flight 231 and he voluntarily did so. As he wrote his statement, investigators believed there to be similarities in the letter formation of the words in the bomb threat and the words in the statement. It was then determined that it was Korth who wrote the note on paper he found jammed in the seat back in front of him. He then took the note to one of the lavatories on the aircraft, placed it in the toilet seat cover dispenser, and then pointed it out to one of the flight attendants.
“A written threat like this is a big deal, especially when you’re one of the people traveling in a metal cylinder 30,000 feet above the earth,” said U.S. Attorney Bob Troyer. “Threats like this have real victims. And they will get you real punishment.”
“The FBI and our law enforcement partners take all threats seriously,” said FBI Denver Division Special Agent in Charge Calvin Shivers. “Hoax threats endanger our community and divert limited law enforcement resources. This sentence shows the seriousness of such matters and the FBI will continue to put its resources towards the investigation of such crimes.”
This matter was investigated by the FBI and the Denver Police Department. The defendant was prosecuted by Assistant U.S. Attorney Kurt Bohn.
Lovelock Paiute Tribe Member Sentenced to Nine Years in Prison for Assaulting A Man with A Broken Glass LampRead the Press Release
RENO, Nev. – A Lovelock Paiute Tribe member who admitted to assaulting a man with a broken glass lamp was sentenced today to nine years in prison, announced U.S. Attorney Dayle Elieson for the District of Nevada.
Rafael Alfonso Medina Jr., 29, was sentenced by U.S. District Judge Larry R. Hicks. He pleaded guilty to one count of assault resulting in serious bodily injury.
According to admissions made in his plea agreement, on January 1, 2016, in Lovelock, Nevada, which is within the exterior boundaries of the Lovelock Indian Reservation, Medina repeatedly assaulted a man on his head, arms, and body with a broken glass table lamp. The victim was airlifted to a hospital in Reno for treatment. The victim suffered severe blood loss, requiring a blood transfusion, as well as amputation of a finger and staples and sutures for his injuries.
The case was investigated by the Bureau of Indian Affairs. Assistant U.S. Attorney Sue Fahami prosecuted the case.
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Lexington Man Sentenced to 25 Years for Drug Trafficking, Firearm Offenses and Being an Armed Career Criminal and Career OffenderRead the Press Release
LEXINGTON, Ky. — Michael D. Jackson, 37, of Lexington, was sentenced yesterday to 25 years in federal prison, by Chief United States District Judge Karen K. Caldwell, for conspiring to distribute more than 40 grams of fentanyl, more than an ounce of crack cocaine, and more than half a kilo of cocaine. Jackson was also sentenced for being a felon in possession of firearms and for possessing a firearm in furtherance of his drug trafficking crime. Jackson’s convictions, combined with his prior criminal record, qualified Jackson as both an Armed Career Criminal and Career Offender.
Jackson previously admitted that, in early 2017, members of the Lexington Police Department (LPD), Narcotics Unit began an investigation into his residence, which was located on Norway Street, near Lafayette High School. During the investigation, LPD stopped and searched Jackson’s vehicle, discovering a 9 mm firearm and large quantities of drugs. LPD detectives also executed a search on his residence, where they located quantities of a fentanyl mixture and cocaine, more than $80,000 in cash, a loaded Taurus handgun, a loaded Glock semi-automatic pistol, a loaded Cobra semi-automatic pistol, which was determined to have been stolen, and a vehicle that had been purchased with proceeds from Jackson’s drug trafficking.
Jackson also admitted that he had prior drug trafficking convictions in Fayette Circuit Court. Jackson pleaded guilty to the charges in April 2018.
“The Defendant’s drug trafficking activities, possession of firearms, and past criminal history have led to this result,” stated Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “The sentence imposed should serve as warning to those who engage in similar criminal activities. If you illegally possess firearms, particularly if you are engaged in drug trafficking, you are putting yourself at risk for a substantial stay in federal prison.”
“I want to commend the work of the ATF and the Lexington Police Department on this investigation and prosecution,” said U.S. Attorney Duncan. “The partnership between federal, state, and local law enforcement is vitally important in preventing violent crime and reducing the danger caused by drug trafficking activities.”
Under federal law, Jackson must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the United States Probation Office for eight years.
United States Attorney Duncan; Stuart Lowery, Special Agent in Charge, ATF; and Chief Lawrence Weathers of the Lexington Police Department, jointly made the announcement.
The investigation was conducted by the ATF and the Lexington Police Department. The United States was represented by Assistant United States Attorney Roger W. West.
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.
Lawton Man Pleads Guilty to Failing to Register as a Sex OffenderRead the Press Release
OKLAHOMA CITY – ROBERT LEE PIERCE, 70, of Lawton, Oklahoma, pleaded guilty today to traveling from New Mexico to Oklahoma and failing to register as a sex offender, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
According to an affidavit in support of a criminal complaint filed on May 17, 2018, the U.S. Marshals Service learned that Pierce was registered as a sex offender in New Mexico as of April 3, 2018, but had actually been living in Lawton with his wife and several small children. The affidavit states further investigation revealed Pierce moved to Lawton in the late summer or early fall of 2017. According to the affidavit, Pierce had been convicted of criminal sexual penetration of a minor victim in New Mexico in May 2015. In Oklahoma, he would have been designated as an Aggravated Offender and required to register as a sex offender for life.
Pierce has been in the custody of the Marshals Service since June 5, 2018, when he appeared before a U.S. Magistrate Judge in Oklahoma City.
On July 5, 2018, the U.S. Attorney filed an information that charges Pierce with traveling in interstate commerce and failing to register and update his registration as a sex offender under the Sex Offender Registration and Notification Act, or SORNA.
Today Pierce pleaded guilty to the SORNA violation before United States District Judge David L. Russell.
At sentencing, Pierce faces up to ten years in prison and a fine of up to $250,000. After release, he will be subject to supervision for not less than five years and up to the rest of his life. Sentencing will take place in approximately 90 days.
This case is the result of an investigation by the United States Marshals Service, the Dona Ana County Sheriff’s Office in New Mexico, and the Lawton Police Department. Assistant U.S. Attorney Brandon Hale is prosecuting the case.
Pierce’s conviction is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section of the Department of Justice, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Reference is made to court filings for further information.
Jury Finds Isaac J. Culver, III and His Company Guilty of All Charges for Scheme to Defraud Bibb County School DistrictRead the Press Release
MACON: United States Attorney for the Middle District of Georgia, Charles E. Peeler, announces that Isaac J. Culver, III, age 48, Lizella, Georgia, and his corporation, Progressive Consulting Technologies, Inc. (PCTI) were found guilty by a jury of his peers for conspiracy to commit wire and mail fraud, ten (10) counts of wire fraud, one count of mail fraud, and conspiracy to launder the proceeds of unlawful activity.
The charges against Mr. Culver, President and Chief Executive Officer of PCTI, stem from the sale of 15,000 NComputing devices for $3.7 million to upgrade classroom technology for the Bibb County School District (BCSD) in 2012.
Mr. Culver helped to create a fraudulent invoice listing CompTech, a technology company from Dayton, Ohio, as the vendor. Instead, the true purchaser of the NComputing devices was PCTI. As delivered, the devices were useless. The devices did not contain the necessary equipment to be functional (i.e. mouse, keyboard, monitor, servers, etc.).
Mr. Culver led others to believe that the purchase of NComputing devices was made pursuant to the General Services Administration (GSA) Schedule. CompTech understood this to be why PCTI asked them to participate in this transaction. The BCSD employees also believed that this was a GSA purchase, which meant that the transaction did not have to go through normal bidding procedures. In reality, this transaction was not made pursuant to the GSA.
After the December 2012 sale, Mr. Culver hid the fact that PCTI was the true purchaser of the NComputing devices and he did so by continuing to use CompTech to disguise his role. Mr. Culver did so, in part, because he and PCTI were able to net almost $2 million on the NComputing transaction alone. Based on other statements and actions taken by Mr. Culver, there was evidence that they planned to buy these other goods, again using CompTech as a pass through, to continue to profit secretly.
“Protecting taxpayer money from fraudsters is a top priority of the Office of the United States Attorney, particularly when the fraud involves depriving the students of the Bibb County school system of necessary resources,” said United States Attorney Charles E. Peeler. “I would like to thank the Federal Bureau of Investigation, IRS Criminal Investigation, the Georgia Office of the Attorney General, and our trial team for their hard work in this matter.”
“Driven by greed, Isaac Culver not only stole from the taxpayers of Bibb County, but also deprived students in the school system of much needed tools to further their education,” said Murang Pak, Acting Special Agent in Charge (A/SAC) of FBI Atlanta. “The FBI and its law enforcement partners are determined to hold Mr. Culver and anyone else accountable for such reckless disregard for our citizens.”
“Isaac Culver tried to be clever in hiding his scheme from ever being uncovered by government officials. The government uncovered the scheme, presented its case and the jury agreed that Mr. Culver was responsible for not only wire and mail fraud, but laundering the proceeds of the crime,” said Thomas J. Holloman, Special Agent in Charge, IRS Criminal Investigation. “At the end of the day, the students of Bibb County District are the victims of Mr. Culver’s fraud, and they are the ones who lost out on valuable technology.”
Each of the charges against Mr. Culver and Progressive Consulting Technologies, Inc. carry a maximum possible sentence of 20 years imprisonment. The fine on the conspiracy to launder the proceeds of unlawful activity carries a maximum fine of $500,000.00 or twice the value of the property involved in the transaction, whichever is greater. The other charges carry a maximum possible fine of $250,000.00 each.
This case was investigated by the Federal Bureau of Investigation and Internal Revenue Service/Criminal Investigation. Assistant U.S. Attorneys Beth Howard and Danial Bennett are prosecuting the case for the Government with participation and cooperation of Special Assistant U.S. Attorney David McLaughlin from the Georgia Office of the Attorney General.
Inmate at USP Canaan Charged with Assaulting Other Inmates and StaffRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Kurt Downs, age 28, an inmate at the United States Penitentiary at Canaan, was indicted by a federal grand jury for assaulting two other inmates and assaulting correctional officers in the performance of their duties.
According to United States Attorney David J. Freed, the indictment alleges that Downs assaulted another inmate on February 15, 2018, resulting in serious bodily injury to the victim. The indictment further alleges that Downs assaulted another inmate on March 11, 2018, and assaulted, resisted, and impeded corrections officers in the performance of their duties in responding to the assault of the inmate.
The case was investigated by the Federal Bureau of Investigation and Bureau of Prisons special investigations staff. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 27 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Indiana Resident Sentenced to 10 Years in Prison for Drug and Firearm Offenses Occurring in IllinoisRead the Press Release
Craig Wayne Wilson, also known as "Nathaniel R. Smith," 40, a resident of Terre Haute, Indiana, was sentenced in federal court today to 120 months in prison for drug and firearm offenses, United States Attorney for the Southern District of Illinois, Steven D. Weinhoeft, announced. Wilson previously pleaded guilty on December 6, 2017, to possession with intent to distribute methamphetamine and unlawful possession of a firearm by a convicted felon. The sentence includes a four-year term of supervised release immediately following Wilson’s imprisonment.
According to court documents, law enforcement learned that Wilson, who had outstanding arrest warrants in Indiana, was at a motel in Marshall, Illinois. Deputies with the United States Marshals Service, assisted by the Marshall Police Department and the Illinois State Police, went to the motel on the afternoon of October 7, 2016, and learned Wilson checked into the motel as "Nathaniel R. Smith" and was in his assigned room. Law enforcement entered the room to arrest Wilson, and when removing him from the bed, found a fully loaded Taurus .380 semi-automatic pistol by Wilson’s thigh. Wilson has a prior felony conviction from Vigo County, Indiana, for dealing in methamphetamine and is prohibited from possessing firearms. Law enforcement also found 24.1 grams of methamphetamine of 92% purity, commonly known as "ice," in Wilson’s possession.
The Bureau of Alcohol, Tobacco Firearms and Explosives conducted the investigation following Wilson’s arrest and presented the case to the United States Attorney’s Office. The case was handled by Assistant United States Attorney Kit Morrissey.
Illegal aliens indicted on reentry chargesRead the Press Release
MARTINSBURG, WEST VIRGINIA – Three illegal aliens were indicted today by a federal grand jury reentry charge, United States Attorney Bill Powell announced.
Jose Neftali Salazar-Lemus, a citizen of El Salvador, age 29, is charged with one count of “Reentry of a Removed Alien.” Salazar-Lemus, having previously been removed from the United States, is accused of being in Berkeley County illegally in July 2018.
Eduardo Hernandez Sanchez, also known as Jorge Andrade-Sanchez, a citizen of Mexico, age 42, was indicted on one count of “Reentry of a Removed Alien.” Sanchez, having previously been removed twice, and previously convicted of drug distribution in Pennsylvania in 2016, is accused of being in Berkeley County illegally in February 2018.
Miguel Angel Cruz-Polanco, a citizen of El Salvador, age 34, is charged with one count of “Reentry of a Removed Alien.” Cruz-Polanco, having previously been removed from the United States three times, once following a felony drug and firearms conviction in the Northern District of West Virginia in 2008, is accused of being in Berkeley County illegally in February 2018.
Salazar-Lemus faces up to two years incarceration and a fine of up to $250,000. Sanchez and Cruz-Polanco each face up to 20 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the cases on behalf of the government. The Department of Homeland Security Immigration and Customs Enforcement investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Illegal Gun Possessor and Drug Dealer SentencedRead the Press Release
BOISE - Zane Dewey Dinger, 33, previously of Caldwell, Idaho, was sentenced today by Senior U.S. District Judge Edward J. Lodge to 60 months in prison, followed by five years of supervised release, for possessing a firearm in furtherance of a drug trafficking crime, U.S. Attorney Bart M. Davis announced. Judge Lodge also ordered that the defendant forfeit the firearm and ammunition. Previously, on May 3, 2018, the defendant pled guilty to the offense pursuant to a written plea agreement.
According to court records, on December 29, 2017, law enforcement officers were preparing to serve a search warrant at Dinger’s residence in Caldwell. The officers observed Dinger driving and stopped his vehicle for a traffic violation. Dinger initially refused to obey the command by officers to exit the vehicle and show his hands. Dinger repeatedly reached inside the vehicle before placing his hands outside of the vehicle before he eventually complied and exited the vehicle. Officers recovered 23.5 grams of methamphetamine, various drug paraphernalia, and a Phoenix Arms Company, Model HP22, .22 caliber semi-automatic pistol underneath the driver’s seat. Officers also recovered a box of .22 caliber ammunition from Dinger’s person.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Caldwell Police Department.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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