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Friday 20 July 2018
Saratoga County Man Charged with Distribution of Child PornographyRead the Press Release
ALBANY, NEW YORK – Robert Gibeault, Jr., age 49, of Gansevoort, New York, was indicted yesterday for distributing child pornography over the internet and possessing child pornography on a laptop computer.
The announcement was made by United States Attorney Grant C. Jaquith and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
The indictment alleges that, between January 2017 through September 2017, Gibeault used a peer-to-peer file sharing network and the internet to make child pornography videos available to be downloaded by other users. It also alleges that Gibeault possessed a laptop computer containing images of child pornography, and that the images depicted prepubescent children and children under the age of 12.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Gibeault, who was originally arrested in June on a criminal complaint, will be arraigned on the indictment at a later date. If convicted, Gibeault faces at least 5 years and up to 20 years in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Additionally, if convicted, Gibeault will be required to register as a sex offender.
This case is being investigated by HSI, with assistance from the New York State Police and Colonie Police Department, and is being prosecuted by Assistant U.S. Attorneys Joseph A. Giovannetti and Emmet O’Hanlon.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Saint Paul Psychiatrist Pleads Guilty to Receipt of Child PornographyRead the Press Release
United States Attorney Erica H. MacDonald today announced the guilty plea of AVIEL LI GOODMAN, 62, to one count of receipt of child pornography. GOODMAN, who was initially charged on February 20, 2018, pleaded guilty earlier today before U.S. District Judge Joan N. Ericksen in U.S. District Court in Minneapolis, Minnesota.
According to the defendant’s guilty plea and documents filed in court, on multiple occasions between March 1, 2015, and August 27, 2017, undercover law enforcement agents downloaded numerous image and video files depicting child pornography from IP addresses connected to GOODMAN’S Saint Paul residence. On January 17, 2018, upon execution of a search warrant on GOODMAN’S residence, law enforcement agents seized a computer containing more than 20,000 child pornography files.
This case is the result of an investigation conducted by the Federal Bureau of Investigation.
This case is being prosecuted by Assistant U.S. Attorneys Katharine T. Buzicky and Carol M. Kayser.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, 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.projectsafechildhood.gov.
Defendant Information:
AVIEL LI GOODMAN, 62
Saint Paul, Minn.
Convicted:
- Receipt of child pornography, 1 count
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Roxbury Man Charged with Identity TheftRead the Press Release
BOSTON – A Roxbury man identified as John Doe was arrested today and arraigned in federal court in Boston.
According to the indictment unsealed today, Doe repeatedly used a Social Security number that was not his, including to obtain a U.S. passport, which he then used to enter the U.S., and in support of a claim for Massachusetts unemployment insurance benefits. The indictment also charges that Doe obtained public housing benefits worth over $65,000 by using a Social Security number that was not his. The defendant’s true identity remains unknown.
The charging statute for aggravated identity theft provides for a mandatory sentence of two years in prison, to be served consecutive with any other sentence imposed, up to one year of supervised release, and a fine of up to $250,000. The charges of theft of public funds and using a passport obtained through false statements each provide for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of up to $250,000. The charge of misuse of a Social Security number provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; Michael Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Office of Investigations, Labor Racketeering and Fraud; and Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office, made the announcement today. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Rochester Business Owner Charged with Defrauding the Rochester School Modernization ProgramRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Orville Dixon, 53, of Rochester, NY, was charged by criminal complaint with wire fraud for scheming to defraud the Rochester School Modernization Program and the Rochester Joint Schools Construction Board. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that the Rochester School Modernization Program (the Program) is a public-works project to renovate and improve various school facilities in the City of Rochester. The Program is overseen and directed by the Rochester Joint Schools Construction Board (the Board). The enabling legislation for the Program required that the Board implement a Diversity Plan for the benefit of persons deemed to be traditionally underrepresented in the construction field, specifically, minorities and women.
According to the complaint, the defendant Dixon, a minority male, was president and owner of Journee Construction. Dixon allowed contractors, who did not meet the requirements of the Diversity Plan, to use Journee Construction as a pass-through agency on Program contracts in exchange for a fee. For example:
• On March 19, 2013, the defendant met with Witness A and told Witness A that he created Journee Construction to be used as a pass-through on certain jobs related to the Program. Dixon noted that, a business, identified as Contractor 1, had directed him to place Contractor 1’s employees on Journee’s payroll for this purpose. In subsequent recorded conversations, the defendant told Witness A that the scheme as an easy way to make money for just “pushing paper.”
• In April and May 2013, Contractor 1 submitted a bid for work on the Program at School No. 5. Paperwork was submitted falsely representing that Contractor 1 planned to utilize Journee Construction as a Minority Business Enterprise subcontractor and supplier for approximately $1,300,000 of services. Both Dixon and Contractor 1 signed the paperwork falsely representing that the defendant agreed and intended to perform the described work. The defendant also falsely claimed to be a certified Minority Business Enterprise (MBE), as required by the Diversity Plan.
• In May 2013, a business, identified as Contractor 2, submitted a bid for work on the Program at School No. 28. In connection with that bid, paperwork was submitted falsely representing that Contractor 2 planned to utilize Journee Construction as a Small Business Enterprise (SBE) subcontractor for $160,000 in supplies. Both the defendant and Contractor 2 signed the paperwork even though Dixon did not have the ability to supply parts for Contractor 2’s requirements.
Dixon did not perform any of the work for Contractor 1 or Contractor 2, nor did he perform any economically useful function as required by the Program. Instead, the defendant simply lent his name to the transactions and illegally served as a “pass through” entity.
The defendant made an initial appearance this morning before U.S. Magistrate Judge Jonathan W. Feldman and was released.
The complaint is the result of an investigation by the Federal Bureau of Investigation; under the direction of Special Agent-in-Charge Gary Loeffert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Repeat Child Sex Offender Sentenced to 50 Years in Federal PrisonRead the Press Release
BIRMINGHAM – A federal judge on Thursday sentenced a Birmingham man to 50 years in prison for sexually exploiting a five-year-old boy by forcing the child to perform sexual acts and videotaping the conduct, announced U.S. Attorney Jay E. Town and FBI Special Agent in Charge Johnnie Sharp Jr.
U.S. District Judge Madeline H. Haikala sentenced LARRY DEAN GARRETT Jr., 38, on one count of sexual exploitation of a child. A federal jury convicted Garrett in December. Garrett faced the potential 50-year sentence because of a previous conviction of a sexual offense against a child in Michigan in 2000. In that case, Garrett confessed to criminal sexual conduct involving a boy younger than 13, according to evidence at trial.
“There must be a standing reservation in the pits of hell for those who sexually abuse children,” Town said. “Fifty years behind the bars of a federal prison is exactly where a repeat child sex offender like Garrett needs to be. Sexual exploitation of a child is one of the most abhorrent crimes prosecuted at any level and we must do all that we can to protect our children from this sort of abuse. Thanks to the FBI’s tireless work on behalf of an innocent and particularly vulnerable victim, and to the child’s family and friends who showed great courage in their willingness to assist law enforcement, Larry Garrett will never have another opportunity to harm a child.”
“Garrett's sentence not only delivers justice for his victims, but puts an end to his opportunity to exploit children,” Sharp said. “I also hope that this 50-year sentence will serve as a deterrent and a warning to those in our communities who prey upon children that their conduct will not be tolerated, and that the FBI and our partners will work tirelessly to bring them to justice. I commend the agents who investigated Garrett for their professional and thorough investigation."
Garrett, who performs magic tricks and uses the name, “Magic,” lived in the same Birmingham apartment complex as his five-year-old victim and the child’s mother in 2016. He was known to have spent time with the child, according to evidence.
A friend of the child’s family, who also lived in the same apartment complex, testified at trial that he knew Garrett downloaded movies and requested one from him. When the man opened the files on the computer memory card that Garrett gave him, he discovered the sexually explicit video involving the child, he testified. He showed the video to members of the child’s family, and they provided the video to police.
The FBI investigated the case, which Assistant U.S. Attorney Erica Williamson Barnes prosecuted.
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Registered Sex Offender Sentenced to Twenty-Two Years in Prison for Receipt of Child PornographyRead the Press Release
LAS VEGAS, Nev. – A Henderson, Nevada man who pleaded guilty on April 17, 2018 to receipt of approximately 8,700 photos and videos of child pornography was sentenced Thursday by U.S. District Judge Richard F. Boulware to 264 months in prison and lifetime supervised release, announced U.S. Attorney Dayle Elieson for the District of Nevada.
Craig Richard Pozesky, 49, pleaded guilty to one count of receipt of child pornography. According to the plea agreement, Pozesky uploaded images of child pornography to his “Gmail” email account intending to send the images to another individual. Law enforcement officers obtained and executed a search warrant for Pozesky’s residence. Pozesky admitted that he viewed, downloaded, and possessed hundreds of images and videos of children as young as one-year-old being sexually assaulted by adults. Pozesky also admitted to trading child pornography with other individuals, to include receiving an USB drive containing child pornography from another person, as well as engaging in online sexually explicit conversations with an underage child. Pozesky was in the process of coordinating a meeting with the minor when he was arrested.
At the time Pozesky was arrested for this offense, he was already a convicted felon and registered sex offender. His sex offender status was based on prior convictions in Nevada and Florida for aggravated sexual abuse, sexual abuse, and abusive sexual conduct involving a minor offenses.
This case was investigated by the Henderson Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Elham Roohani prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals, federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood and for information about internet safety education, visit www.usdoj.gov/psc.
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Recycling Executives Spearheading Scheme Involving Stolen Postal Service Equipment Sentenced to Two Years in Federal Prison and Ordered to Pay $3.4 Million in RestitutionRead the Press Release
LOS ANGELES – The central players in a scheme to recycle stolen postal pallets have been sentenced to two years in federal prison after pleading guilty to conspiracy to convert government property and conspiracy to launder money.
Jorge Villalobos, 41, of Riverside, was sentenced in April, and Hugo Guzman, 40, of Fontana, was sentenced yesterday, both by United States District Judge Manuel L. Real. In addition to the prison time, they were ordered to pay $3.4 million in restitution, the largest restitution amount ordered for theft of United States Postal Service (USPS) property, according to the USPS. Based on court records, this restitution has been paid in full.
Villalobos is President and Guzman is Vice President of Go Green Industries in Riverside. The business is a plastics recycler, processor, and compounder. According to court records, between 2008 and 2014, Villalobos and Guzman, through Go Green Industries, knowingly acquired stolen USPS plastic pallets, shredded them, and sold the resulting plastic on the open market for corporate profit. Further, Villalobos and Guzman laundered the proceeds from this illegal activity by transferring the money to two straw-person accounts, and then using those accounts to promote further unlawful activity.
“These defendants siphoned millions of dollars from the USPS by actively seeking out stolen pallets, and pumping money from the sales into their business,” said United States Attorney Nicola T. Hanna. “They intentionally incentivized theft of government property and their sentences should deter those who would follow in their footsteps.”
“Delivering mail over 1.5 billion miles last year to over 157 million residences, businesses and P.O. Boxes each day takes many containers, pallets, carts and trays,” said Nichole Cooper, Inspector in Charge of the Los Angeles Division of the Postal Inspection Service. “Theft of this equipment feeds an industry and Postal Inspectors are dedicated to identifying and recovering postal equipment and assets, and seeking prosecution when necessary. The Inspection Service is proud at the result of this investigation and the award of over $3.4 million in restitution to the Postal Service.”
In its sentencing papers, the government argued that these executives directed the affairs of a company that “played an integral role in the black market of stolen government property in Southern California” and that the company “aggregated the efforts of multiple plastics thieves” and “created a demand for further theft.”
“Villalobos and Guzman executed a money laundering scheme whereby they used bank accounts in the names of two other individuals to hide proceeds of Go Green’s dirty activity,” said R. Damon Rowe, Special Agent in Charge of IRS Criminal Investigation. “We are proud to work with our law enforcement partners to investigate and prosecute individuals who attempt to enrich themselves by fraudulent means and to help put a stop to this and other types of white collar crime.”
This case is being investigated by the United States Postal Inspection Service and the Internal Revenue Service – Criminal Investigation.
This case is being prosecuted by Assistant United States Attorney Puneet V. Kakkar of the Organized Crime Drug Enforcement Task Force Section.
Port Charlotte Woman Pleads Guilty to Health Care FraudRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that Lisa McLaren Janick (47, Port Charlotte) today pleaded guilty to two counts of health care fraud. McLaren Janick faces a maximum penalty of 20 years in federal prison on each count. A sentencing date has not yet been set.
According to the plea agreement, McLaren Janick, while employed as a marketer for a home health agency, falsified documents relating to her husband’s (Dr. Janick’s) Port Charlotte medical office and created bogus referrals for the patients to receive medically unnecessary home health services. Dr. Janick previously pleaded guilty in a related case to obstruction of a federal audit. His sentencing hearing is scheduled on September 11, 2018.
This case was investigated by Federal Bureau of Investigation and the Department of Health and Human Services Office of Inspector General. It is being prosecuted by Assistant United States Attorney Rachel Jones.
Porcupine Woman Sentenced to 40 Years in Federal Prison for Killing ChildRead the Press Release
United States Attorney Ron Parsons announced that a Porcupine, South Dakota, woman convicted of Second Degree Murder was sentenced on July 17, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Katrina Pauline Shangreaux, a/k/a Katrina Shangreau, a/k/a Katrina White Whirlwind, age 30, was sentenced to 40 years in federal prison, to be followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Shangreaux was charged on August 9, 2016. The conviction relates to Shangreaux killing her own child by hitting, kicking, and biting him in July 2016 at Porcupine.
U.S. Attorney Parsons expressed great satisfaction with the collaborative investigation between federal and tribal officials. "Only by working together to vindicate the rights of victims of crime, particularly those most vulnerable among us, can we achieve results such as this," said Parsons.
"While no sentence will bring Kylen back or take away the pain from his death, we are pleased with a sentence that ensures the defendant cannot harm another child again," said Jill Sanborn, Special Agent in Charge of the FBI's Minneapolis Division. "I am grateful that the collective efforts of the Oglala Tribe's Department of Public Safety, the Bureau of the Indian Affairs, the U.S. Attorney's Office and our FBI Agents assigned to this case helped bring justice to a helpless little boy who couldn't defend himself."
The investigation was conducted by the Federal Bureau of Investigation, the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorneys Sarah B. Collins and Megan J. Poppen prosecuted the case.
Shangreaux was immediately turned over to the custody of the U.S. Marshals Service.
Philadelphia Man Pleads Guilty to Methamphetamine PossessionRead the Press Release
Jackson, Miss. – Kevin Ashley Wells, a/k/a "Big 50," 37, of Philadelphia, pled guilty today before U.S. Chief District Judge Daniel P. Jordan III to possession with intent to distribute 5 grams or more of methamphetamine, announced U.S. Attorney Mike Hurst and Thomas M. Annello, Acting Special Agent in Charge of U.S. Immigration and Customs Enforcement's Homeland Security Investigations in New Orleans.
On October 13, 2015, Wells sold a quantity of methamphetamine to a confidential informant. The case is the result of an extensive Organized Crime Drug Enforcement Task Force (OCDETF) investigation, dubbed AOperation Highlife,@ which began as an operation targeting illegal narcotics distribution in east central Mississippi area that involved the distribution of methamphetamine, cocaine and marijuana. The distribution network encompasses the States of California, Tennessee, Alabama, Georgia and Mississippi.
Wells will be sentenced by Judge Jordan on October 24, 2018, at 9:30, and faces a maximum penalty of 40 years in prison and a $5 million fine.
The OCDETF program is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
This OCDETF case is a result of a joint investigation by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Drug Enforcement Administration and the Mississippi Bureau of Narcotics. Assisting agencies include the Philadelphia Police Department, Neshoba County Sheriff’s Department, Neshoba County District Attorney’s Office, Scott County Sheriff’s Office, Flowood Police Department, Rankin County Sheriff’s Department, Hinds County Sheriff’s Department, Carthage Police Department, Union Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, Louisville Police Department, Mississippi Highway Patrol, United States Attorney=s Office Southern
District of Mississippi and the United States Marshal Service. Assistant U.S. Attorney Erin Chalk is prosecuting the case.
Omaha Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that on July 13, 2018, Jason Edward Boonie, 40, of Omaha, Nebraska, was sentenced to nine years and 10 months (118 months) in prison for conspiracy to distribute and possess with the intent to distribute 50 grams or more of actual methamphetamine and 500 grams or more of a mixture containing methamphetamine. Following the prison term, Boonie will serve five years on supervised release.
Information provided to law enforcement indicated Boonie was responsible for the distribution of at least 50 grams (approximately 1 ¾ ounces) of actual (pure) methamphetamine and at least 500 grams (approximately 18 ounces) of methamphetamine mixture in the Lincoln area between February of 2014 and December of 2016. On September 15, 2016, one of Boonie’s associates was stopped by the Nebraska State Patrol and was found in possession of 59 grams of methamphetamine mixture, which the State Patrol Crime Laboratory later found contained at least 53 grams of actual methamphetamine. The associate said she bought the methamphetamine from Boonie just prior to her arrest. On September 29, 2016, Boonie was arrested on outstanding warrants in Omaha. His car was searched, and over 167 grams of methamphetamine mixture was found.
In February of 2018, Boonie was sentenced to three years in state prison in Douglas County for possession of methamphetamine due to his September 29, 2016 arrest. Boonie’s sentence on the federal conspiracy charge will run concurrent with (at the same time as) the remainder of that state sentence.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force, the Omaha Police Department, and the Nebraska State Patrol.
North Carolina Man Sentenced to 105 Months Imprisonment After Pleading Guilty to Being a Felon in Possession of a Firearm and Ammunition Stemming from Mall StandoffRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that James Jacob Parrish, Jr., age 36, of Fayetteville, North Carolina, was sentenced in federal court to 105 months imprisonment with 3 years of supervised release to follow. Parrish plead guilty last November to being a felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Section 922(g)(1). Chief United States District Judge Terry L. Wooten imposed the sentence.
Evidence presented in court established that at approximately 8:00pm on Sunday, March 26, 2017, deputies with the Richland County Sheriff’s Department (“RCSD”) were dispatched to an alarm and shots fired call at Columbia Mall on Two Notch Road. The mall was closed at the time. Deputies located a vehicle registered to Parrish parked in the median of the mall parking lot with a flat front tire and noticed bullet holes in the glass door of the Sears Automotive Department with spent 9mm shell casings lying on the sidewalk in front of the door. Upon making entry into the Sears Automotive Department, deputies noticed an interior glass door had been shot out as well.
The RCSD’s Special Response Team (“SRT”) responded to the scene and ultimately located Parrish barricaded inside an interior room. SRT tried to negotiate with Parrish to surrender peacefully and during the negotiations, Parrish made threats to shoot the officers. After unsuccessful negotiations, SRT made entry into the room and encountered Parrish pointing a loaded Kahr 9mm handgun at them. SRT was able to safely apprehend Parrish and placed him under arrest. Parrish was transported to a local hospital for medical treatment for a foot injury he sustained when he fell through a ceiling while trying to escape detection. While at the hospital, Parrish attempted to take a handgun from a deputy on two separate occasions.
Parrish is prohibited under federal law from possessing firearms and ammunition based upon his prior North Carolina state convictions, which include possession of marijuana (2000), carrying a concealed weapon (2002), possession of stolen goods (2003), two separate counts of possession of cocaine (2003), possession with intent to distribute a counterfeit substance (2003), sell of cocaine (2003), and second degree murder/second degree kidnapping/attempted robbery with a deadly weapon/conspiracy to commit robbery with a deadly weapon (2005). Parrish was released on North Carolina parole in 2015.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) and the RCSD and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case. Project CeaseFire is 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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Nashua Man Pleads Guilty to Fentanyl TraffickingRead the Press Release
CONCORD, N.H. – Arthur Voutselas, 27, previously of Nashua, pleaded guilty in federal court to a fentanyl trafficking charge, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on two separate occasions in January 2018, Voutselas sold small quantities of cocaine to a cooperating individual working with law enforcement. In February 2018, a state court judge granted a search warrant for Voutselas’ Nashua residence, and the subsequent search yielded approximately 76 grams of fentanyl, over $10,000 in U.S. currency, and other indicia of narcotics trafficking, including a scale, ledgers and bagging materials. Voutselas was arrested by state authorities and has been in custody since February 21, 2018.
Voutselas, who pleaded guilty to possession of fentanyl with intent to distribute, will be sentenced on October 26, 2018. He also will forfeit $12,955 to the United States.
“The deadly impact of fentanyl trafficking is being felt each day throughout the Granite State,” said U.S. Attorney Murray. “The U.S. Attorney’s Office is committed to working closely with all of our law enforcement partners to protect lives and promote public safety. We will concentrate our efforts on identifying and prosecuting those who are selling this dangerous substance.”
“Fentanyl is causing deaths in record numbers and DEA’s top priority is to aggressively pursue anyone who distributes this poison in order to profit and destroy lives,” said DEA Special Agent in Charge Brian D. Boyle. “Illegal drug distribution ravages the very foundations of our families and communities so every time we take fentanyl off the streets, lives are saved. This investigation demonstrates the strength of collaborative local, county and state law enforcement efforts in New Hampshire and our strong partnership with the U.S. Attorney’s Office.”
This matter was investigated by the Drug Enforcement Administration and the Nashua Police Department. The case is being prosecuted by Assistant U.S. Attorney Charles L Rombeau.
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Mexican National Pleads Guilty to Federal Charges Arising out of Seizure of 9.25 Pounds of Heroin and 1.46 Pounds of Fentanyl at U.S. Border Patrol Checkpoint on I- 25 North of Las CrucesRead the Press Release
ALBUQUERQUE – U.S. Attorney John C. Anderson, Special Agent in Charge Kyle W. Williamson of the DEA’s El Paso Division, and Chief Patrol Agent Aaron A. Hull of the U.S. Border Patrol El Paso Sector announced that a Mexican national has pleaded guilty to heroin and fentanyl trafficking charges. Roberto Esmerardo Lopez-Gaxiola, 35, pled guilty yesterday in federal court in Las Cruces, N.M., to charges arising out of the seizure of more than nine pounds of heroin and more than a pound of fentanyl at a U.S. Border Patrol checkpoint in southern New Mexico in March 2018.
U.S. Border Patrol agents arrested Lopez-Gaxiola on March 14, 2018, after seizing approximately 4.2 kilograms (9.25 pounds) of heroin and 661.6 grams (1.46 pounds) of fentanyl concealed in Lopez-Gaxiola’s vehicle. According to the criminal complaint, the agents found the heroin and fentanyl in Lopez-Gaxiola’s vehicle during an inspection at the U.S. Border Patrol checkpoint located on Interstate 25 north of Las Cruces near Truth or Consequences, N.M., in Sierra County, N.M.
During yesterday’s change of plea hearing, Lopez-Gaxiola pled guilty to a felony information charging him with possession of heroin and fentanyl with intent to distribute. In entering the guilty plea, Lopez-Gaxiola admitted that on March 14, 2018, U.S. Border Patrol agents found seven bundles containing approximately 4.2 kilograms of heroin and six bundles containing approximately 641.25 grams of fentanyl concealed in his vehicle during a routine inspection. Lopez-Gaxiola admitted that he intended to deliver the drugs to others in Albuquerque, N.M., in exchange for payment.
At sentencing, Lopez-Gaxiola faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the U.S. Border Patrol and the Las Cruces Office of the DEA. Special Assistant U.S. Attorney Joni Autrey of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Maryland Man Sentenced to 49 1/2 Years in Prison for 2016 Slaying of His Ex-GirlfriendRead the Press Release
WASHINGTON – Donald R. Hairston, 51, of District Heights, Md., was sentenced today to a 49 ½-year prison term for the June 2016 slaying of his ex-girlfriend at her home in Southeast Washington, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department.
Hairston was found guilty by a jury in May 2018 of first-degree murder while armed, first-degree felony murder while armed, first-degree burglary while armed, temporary protection order violation, stalking, and related firearms offenses. The verdict followed a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Danya A. Dayson.
According to the government’s evidence, on Saturday, June 18, 2016, at approximately 1 a.m., the victim, Stephanie Goodloe, was in bed in her three-bedroom rowhouse in the 700 block of Kentucky Avenue SE. Her 11-year-old daughter, who was asleep in a nearby bedroom, awoke to her mother’s cry and the sound of “Pop… pop, pop, pop.” She then then saw a man walk by her open bedroom door. The man she observed was Hairston, her mother’s ex-boyfriend. Terrified, the girl waited a few minutes before checking on her mother because she was afraid the defendant would come after her next. When she finally gained the courage to go into her mother’s room, she found her 39-year-old mother dead, suffering from multiple gunshot wounds, including one to the head. Frantic, she called 911.
Prior to the murder, according to the government’s evidence, Hairston had engaged in a pattern of domestic violence against Ms. Goodloe. She had filed for a temporary protection order against him approximately two weeks earlier after he had slashed her tires and showed up at her house pounding on the door at all hours of the night. Additionally, in the weeks leading up to the murder, he stole her house keys from her front door, threatened to kill her, and generally stalked and harassed her. They were scheduled to go to court regarding the temporary protection order on Monday, June 20, 2016, just two days after the murder.
Hairston was arrested on the day of the murder and has been in custody ever since.
In announcing the sentence, U.S. Attorney Liu and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department (MPD). They also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Michelle D. Jackson, David Gorman, and Laura R. Bach; Victim/Witness Advocate Marcia Rinker; Victim/Witness Services Coordinator Katina Adams-Washington; Forensic Child Interview Specialists Karen Giannakoulias and Tracy Owusu; Forensic Operation/Program Specialist Benjamin Kagan-Guthrie; Contract Specialist Marquetta Little; Lead Paralegal Specialist Meridith McGarrity; Paralegal Specialists Kelly Blakeney and Stephanie Gilbert; Criminal Investigators John Marsh and Zachary McMenamin, and Litigation Technology Specialist Leif Hickling.
Finally, they commended the work of Assistant U.S. Attorneys Alicia Long and John Timmer, who investigated, indicted, and prosecuted the case.
Man Sentenced for Threats to African-Americans at Howard UniversityRead the Press Release
ALEXANDRIA, Va. – An Alexandria man was sentenced today to 33 months in prison for threatening to murder African-Americans at Howard University, a historically black university in Washington, D.C.
According to court documents, on the night of Nov. 11, 2015, John Edgar Rust, 27, entered a restaurant in Alexandria, connected his laptop computer and phone to the store’s wireless Internet connection, and posted a threat online to murder African-Americans at Howard University the next day. He posted a statement on another Internet bulletin board several minutes later, under the user name “watchouthoward,” that linked to his first post. He was on probation at the time for committing another crime.
At sentencing, U.S. District Judge Liam O’Grady found that Rust’s conduct constituted a hate crime, thereby increasing his sentence, and ordered Rust to pay $6458.28 in restitution to Howard University for expenses incurred as a result of Rust’s crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after sentencing by U.S. District Judge Liam O’Grady. Assistant U.S. Attorneys Nicholas U. Murphy and Maya D. Song 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. 1:17-cr-290.
Man Sentenced for Abusive Sexual Contact on Indian ReservationRead the Press Release
A 35-year-old resident of Mount Pleasant, Michigan, was sentenced yesterday to 72 months in prison for Abusive Sexual Contact, announced U.S. Attorney Matthew Schneider.
United States District Judge Thomas L. Ludington also imposed 5 years of supervised release on Wayne Marshall Acuna who pled guilty on April 9, 2018.
The evidence established that in 2016 or 2017, Acuna entered the room of a minor and rubbed the victim’s vagina through the clothing while the victim was sleeping. This all occurred on the Isabella Reservation.
The case was investigated by the Saginaw Chippewa Tribal Police and the Federal Bureau of Investigation and was prosecuted by Assistant United States Attorney Roy Kranz.
Man Arrested and Indicted for Committing Three Carjackings on the Same DayRead the Press Release
SAN JUAN, P.R. – A federal grand jury returned a seven-count indictment against José Soto-Febus for committing three carjackings in the Dorado area, and firearms violations, announced United States Attorney Rosa Emilia Rodríguez-Vélez. The Bureau of Alcohol, Tobacco, Firearms and Explosives is in charge of the investigation with the collaboration of the Puerto Rico Police Department and the Puerto Rico Department of Justice, Dorado District Attorney’s Office.
The indictment alleges that on or about July 11, 2018, in the District of Puerto Rico, José Soto-Febus, while carrying and brandishing a firearm, did take a motor vehicle, to wit: a 2016 Jeep Cherokee, that had been transported, shipped and received in interstate or foreign commerce, from the a person and in the presence of others, by force, violence and intimidation, with the intent to cause death or serious bodily harm. This carjacking was committed after a home invasion in which Soto-Febus was shot by the male victim residing in the residence. The defendant walked down the street, stopping in front of another residence where there were people outside. Soto-Febus pointed a firearm at several of the women in front of this residence, and a man threw him the keys to a Jeep Cherokee.
Soto-Febus then departed in the Jeep, which he crashed. He then proceeded on foot and pointed a firearm at an oncoming vehicle, a 2018 Mitsubishi Mirage. The driver of this vehicle, a female, stopped the vehicle. Soto-Febus grabbed her by the hair, and threw her on the pavement. The defendant then drove away in the Mitsubishi Mirage. Later that same night, Soto-Febus arrived at a business called El Almendro, and demanded that the owner of a red motorcycle give him the keys. While making his demands, Soto-Febus brandished a firearm. The owner of the red motorcycle, a Honda Model XR, ultimately complied with Soto-Febus’s demands. Soto-Febus then drove away in the red motorcycle. During each of these events, the defendant brandished a Taurus pistol.
Soto-Febus is also facing one count for being a felon in possession of a firearm, that is, a .40 caliber, Taurus pistol, said firearm having been shipped and transported in interstate and foreign commerce.
The case is being prosecuted by Assistant United States Attorney Alexander Alum. If convicted, the defendant faces up to 15 years of imprisonment for each of the carjacking charges, up to life imprisonment for three of the firearms charges, and up to ten years for possessing a firearm as a felon. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
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Lafayette Man Sentenced to 144 Months in PrisonRead the Press Release
HAMMOND – Rafael Roman Ramirez, 37 years old, of Lafayette, Indiana, was sentenced by U.S. District Court Judge Philip P. Simon after pleading guilty to being an Illegal Alien in Possession of a Firearm and Conspiracy to Possess with Intent to Distribute Heroin, announced U.S. Attorney Kirsch.
U.S. Attorney Kirsch said, “The use and abuse of dangerous, highly addictive drugs like heroin have grave consequences on the community where they are present. We are working aggressively with our law enforcement partners to investigate and prosecute cases involving opioids. We are focusing efforts on dismantling drug distribution networks, including those connected to Mexican cartels, that supply illegal drugs in this District.”
According to documents in the case, Ramirez was a leader and organizer of a drug trafficking organization with Mexican cartel ties who was tasked with coordinating the delivery of heroin and drug proceeds throughout the country. Ramirez was responsible for between 30 and 90 kilograms of heroin that the drug trafficking organization brought into the country from Mexico and distributed nationwide.
This case was investigated by the DEA and prosecuted by Assistant United States Attorney Jennifer Chang.
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Laconia Man Sentenced to 50 Months in Prison for Methamphetamine TraffickingRead the Press Release
CONCORD, N.H. - Peter Dauphin, 45, of Laconia, was sentenced to serve 50 months in federal prison for methamphetamine trafficking, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on five separate occasions in April and May of 2017, Dauphin sold “ice” methamphetamine to an individual who was cooperating with law enforcement officers. All of the transactions took place at Dauphin’s automotive repair shop in Gilford, New Hampshire.
“Even in the midst of the opioid crisis, New Hampshire continues to experience problems associated with the distribution of other drugs, including methamphetamine,” said U.S. Attorney Murray. “Prosecutions such as this demonstrate that the law enforcement community is continuing in its cooperative effort to stop all forms of drug trafficking in the Granite State.”
“Mr. Dauphin took advantage of the addiction problem that many people are struggling with here in the Granite State, and targeting dangerous drug dealers like him will continue to be the collective focus of the FBI’s Safe Streets Gang Task Force because no one in our community should have to live in fear of the activity that drug trafficking brings to their neighborhoods,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division.
This matter was investigated by the Police Departments of Gilford and Laconia, in conjunction with the FBI New Hampshire Safe Streets Gang Task Force. The Task Force is comprised of the FBI, the New Hampshire State Police, New Hampshire Probation and Parole, and the Police Departments of Hudson, Manchester, and Nashua. The case was prosecuted by Assistant U.S. Attorney Shane B. Kelbley.
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Kansas Man Convicted of Producing Child PornographyRead the Press Release
WASHINGTON – A Lindsborg, Kansas man who traveled to the Philippines and had sex with minor females there pleaded guilty to three counts of production of child pornography.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Stephen R. McAllister of the District of Kansas made the announcement.
Anthony Shultz, 55, helicopter pilot, was charged by complaint in July 2016 and pleaded guilty before U.S. District Judge Eric F. Melgren of the District of Kansas. Sentencing is scheduled for December 6, 2018.
According to admissions made in conjunction with the guilty plea, Shultz engaged in sex acts with minor females in the Philippines. He videotaped his sexual encounters with two minors and transported the videos to his home in Kansas. One of the girls was only 12 years old at the time; the other was 15 years old. In one of the videos, Shultz is seen giving the 15-year-old money after having sex with her. Shultz also produced child pornography of an 8-year-old girl in the Philippines by communicating on Skype with the child’s mother and directing the mother to expose the child’s genitals and live-stream it on web camera.
The FBI investigated the case. Trial Attorney Lauren E. Britsch of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Jason Hart of the District of Kansas prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Jury convicts Cleveland man of illegally having ammunition during shootout in which two people were killedRead the Press Release
A Cleveland man was convicted of illegally having ammunition stemming from a shootout last year in which two people were killed.
Jesus Bey, 25, is scheduled to be sentenced Nov. 1. A jury convicted Bey this week of being a felon in possession of ammunition following a weeklong trial.
Bey possessed 12 rounds of .40 caliber ammunition on Jan. 25, 2017, despite prior convictions that made it illegal for him to have ammunition, including felonious assault with a firearm specification, having weapon under disability and attempted felonious assault, according to court documents.
“This defendant is a walking crime wave and our community is safer with him behind bars,” said U.S. Attorney Justin Herdman. “This case demonstrates that law enforcement will work together to sort through the facts and pursue cases against those who illegally use firearms to prey on our neighbors.”
According to trial exhibits and testimony:
Bey was outside Harvard Wine and Grill on Jan. 25, 2017, when a shootout began at the intersection of East 142nd Street and Harvard Avenue. When the shootout was over, two men (one wearing a ski mask) were dead and at least 60 shell casings were recovered at the scene.
Bey was previously sentenced to prison for a 2013 shooting in a bar in Cleveland Heights, according to court documents.
Da’Montais Banks was recently convicted in the Cuyahoga County Court of Common Pleas of tampering with witnesses, possessing weapons despite having a felony record and being a member of the Heartless Felons. The jury did not reach a verdict on the two deaths that resulted from the shootout and charges remain pending, according to court documents.
This case was prosecuted by Assistant U.S. Attorneys Kelly L. Galvin and Scott Zarzycki following an investigation by the Cleveland Division of Police’s Gang Impact Unit and the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Cuyahoga County Prosecutor’s Office.
Judge Sentences Pittsburgh Man to Probation for Distribution of OxycodoneRead the Press Release
PITTSBURGH, PA - A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 3 years of probation, a condition of which requires 75 hours of community service, on his conviction of distribution of oxycodone, a Schedule II controlled substance, United States Attorney Scott W. Brady announced today.
On July 19, 2018, Chief United States District Judge Joy Flowers Conti imposed the sentence on Michael C. Pegher, 47, of Pittsburgh, PA.
According to information presented to the court at the time of his guilty plea, Pegher, from April 2013 to September 2014, unlawfully distributed more than 3,000 oxycodone tablets he acquired by prescription from Alan Barnett, M.D. Alan Barnett entered a guilty plea on August 26, 2016, to unlawfully distributing prescriptions for oxycodone to Pegher and others, knowing that the recipients were drug addicts or were unlawfully distributing the drugs to others, and was sentenced to 5 years’ probation, to include 8 months of home detention, and 250 hours community service. Barnett was also ordered to pay $50,000.00 in fines.
Assistant United States Attorney Carolyn J. Bloch prosecuted this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation that led to the prosecution of Pegher.
Judge Sentences McKeesport Felon to 3 Years in Prison for Possession of FirearmRead the Press Release
PITTSBURGH, PA – A former resident of McKeesport, Pennsylvania, has been sentenced in federal court to 3 years imprisonment and 3 years supervised release on his conviction of possession of a firearm by a convicted felon, United States Attorney Scott W. Brady announced today.
On July 19, 2018, Chief United States District Judge Joy Flowers Conti imposed the sentence on Edric McArthur, Sr., 49, formerly of McKeesport, Pennsylvania.
According to information presented to the court, on January 8, 2016, McArthur, a convicted felon, was in possession of two firearms and ammunition. Additionally, McArthur was again in possession of a firearm and ammunition on March 2, 2016. Federal law prohibits an individual who has been convicted of a felony from possessing a firearm.
Assistant United States Attorney Rachael L. Dizard prosecuted this case on behalf of the government.
United States Attorney Brady commended the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pittsburgh Police Department, and the Elizabeth Borough Police Department for the investigation leading to the successful prosecution of this case.
Jacksonville Real Estate Investor Convicted of Passing Fraudulent Treasury ChecksRead the Press Release
Jacksonville, Florida – A federal judge has found Neil Andre Butler (46, Jacksonville) guilty of four counts of possessing and passing fraudulent U.S. Treasury checks. Butler faces a maximum penalty of 25 years in federal prison on each count. His sentencing hearing is scheduled for October 23, 2018.
Butler was indicted on October 4, 2017, and elected to be tried by the court, without a jury.
According to evidence presented at trial, Butler was a real estate investor who borrowed funds to buy distressed properties, intending to refurbish and “flip” them for a profit. When his business began to fail, in an effort to stave off his creditors, Butler manufactured and mailed his creditors four fraudulent checks. The checks totaled over $250,000 and were purportedly payable by the United States Treasury.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.
Jackson Man Sentenced to over 17 Years in Federal Prison for Production and Possession of Child PornographyRead the Press Release
Jackson, Miss. – Michael Gene Rushing, 58, of Jackson, was sentenced yesterday by Senior U.S. District Judge Tom S. Lee to 210 months to serve, followed by a lifetime of supervised release, for producing child pornography and possession of child pornography, announced U. S. Attorney Mike Hurst, FBI Special Agent in Charge Christopher Freeze and Mississippi Attorney General Jim Hood.
Sometime before August 30, 2017, the Mississippi Bureau of Narcotics (MBN), the Drug Enforcement Administration (DEA), the Mississippi Attorney General’s Office (AG), and the Federal Bureau of Investigation (FBI) had been investigating Wholesale Auto Parts, located at 950 S. Gallatin Street in Jackson, for trading prescription narcotics for heroin with nurses. Periodic surveillance and other investigations revealed that Michael Gene Rushing had also been trading illicit drugs for sex with juveniles.
On August 30, 2017, state officers and federal agents executed a state search warrant at the Wholesale Auto Parts where agents seized electronic devices and illicit drugs. The forensic examination conducted on the devices revealed the presence of videos and images of child pornography. Michael Gene Rushing had been video recording himself engaging in sexually explicit conduct with a minor as young as 13 years at the business on numerous occasions.
"These criminal actions are some of the most despicable and heinous crimes in our society. We will marshal all of the resources and power of all levels of law enforcement to make sure individuals like this Defendant who prey upon our young people are not only brought to justice but also severely punished for harming our children," said U.S. Attorney Hurst.
"Child exploitation is a debilitating and degrading crime that has no place in our society," said FBI Special Agent in Charge Freeze. "In our ongoing mission to protect the American people and uphold the Constitution of the United States, the preservation of minors' rights and safety is of utmost importance to the FBI. This successful prosecution is a direct result of the strong partnerships between the FBI, U.S. Attorney's Office, Mississippi Attorney General's Office, DEA and Rankin County Sheriff's Office."
“This is a sick man, and I thank Judge Lee for placing him as far away from other children as possible,” said Attorney General Jim Hood. “It took the work of many agencies to get this pervert behind bars, and I thank them all for their dedication to protecting the lives of Mississippi’s children.”
A restitution hearing for this case will be held before Judge Lee in Jackson on August 30, 2018.
The case was investigated by the FBI Jackson Division's Child Exploitation Task Force, which is made up of agents from the FBI and the Mississippi Attorney General's Office, and officers from the Prentiss County Sheriff's Office. The DEA, MBN and Rankin County Sheriff's Office also assisted with the investigation. The case is being prosecuted by Assistant U.S. Attorney Glenda Haynes.
Houston Tax Preparer Convicted of Tax FraudRead the Press Release
HOUSTON - The owner of Crown Financial Services has entered a guilty plea to aiding and assisting in preparing false tax returns, announced U.S. Attorney Ryan K. Patrick.
Fatai Adeniji was the sole tax preparer for Crown Financial Services. From 2012 through 2016, he admitted he prepared false tax returns for his clients which contained false income, false expenses, false education credits and false earned income credits.
Further, from 2013 through 2015, Adeniji prepared and filed false tax returns for himself which omitted most of his earned income from tax preparation and claimed false education credits.
U.S. District Judge Keith Ellison accepted the plea and set sentencing for Oct. 4, 2018. At that time, Adeniji faces up to three years in federal prison as well as a possible $100,000 fine.
He was permitted to remain on bond pending that hearing.
IRS – Criminal Investigation conducted the investigation. Assistant U.S. Attorney Vernon Lewis is prosecuting the case.
Houma Man Sentenced to 17 Years for Failure to Register as a Convicted Sex Offender and Distribution of Child PornographyRead the Press Release
DAVID KLIMENKO (“KLIMENKO”), age 30, of Houma, Louisiana, was sentenced on July 10, 2018, for Failure to Register as a Convicted Sex Offender and Distribution of Child Pornography, announced United States Attorney Duane A. Evans.
United States District Judge Jay C. Zainey sentenced KLIMENKO to seventeen years’ incarceration to be followed by 25 years of supervised release.
According to court records, the case against KLIMENKO developed as a result of a lead from the Louisiana Bureau of Investigation’s Cyber Crimes Unit (“LBI”) concerning a registered sex offender who absconded from Maryland. On April 6, 2017, special agents with the U.S. Department of Homeland Security, Homeland Security Investigations (“HSI”) obtained federal search warrants for two addresses in Houma, LA. That same day, KLIMENKO was arrested during the execution of the search warrants. Agents advised KLIMENKO of his Miranda rights and KLIMENKO waived his rights and completed a written Miranda waiver. During an interview, KLIMENKO admitted to knowingly failing to register as a sex offender after fleeing from Maryland and traveling to Louisiana. KLIMENKO also admitted to distributing child pornography on multiple occasions.
Specifically, KLIMENKO told HSI agents that he was a convicted sex offender in Maryland and was sentenced to two years of probation, two years of a suspended sentence, and required to register as a Tier II sex offender in Maryland or any other state in which he resided. KLIMENKO confirmed that he signed sex offender registration forms in Maryland upon his conviction. KLIMENKO stated that out of fear that his Maryland Probation Officer would violate his probation, he cut off his court mandated GPS ankle monitor and traveled to Louisiana. KLIMENKO lived in Houma, LA.
KLIMENKO confirmed that on February 2, 2017, he used the Internet service from the next door residence and used various Facebook profiles to distribute child pornography on the Internet. Records obtained from Facebook confirmed that KLIMENKO used his Facebook account to distribute four (4) videos and eight (8) images depicting the sexual victimization of children on February 2, 2017. Facebook records further establish that KLIMENKO used another Facebook account to distribute two (2) additional images depicting the sexual exploitation of children on the same date, February 2, 2017. KLIMENKO also admitted to sending child pornography to a woman he was communicating with using Facebook.
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.”
U.S. Attorney Evans praised the work of the U. S. Department of Homeland Security, Homeland Security Investigations and the Louisiana Bureau of Investigation in investigating this matter. The prosecution of this case is being handled by Project Safe Childhood Coordinator and Fraud Section Chief, Assistant U. S. Attorney Brian M. Klebba.
Hermon Woman Pleads Guilty to Heroin, Fentanyl and Crack Trafficking ConspiracyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Harli Wells, 29, of Hermon, Maine, pled guilty today in U.S. District Court to conspiring to distribute heroin, fentanyl and cocaine base, commonly known as “crack.”
According to court records, between January 2016 and February 2017, Wells conspired with others to acquire heroin, fentanyl and crack in Waterbury, Connecticut and distribute the drugs in Penobscot County. Wells sold the drugs to customers and also delivered drugs to customers for other members of the conspiracy.
The defendant faces up to 20 years in prison, between three years and life on supervised release, and a $1,000,000 fine. 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.
Four More Members of Mexican Drug Trafficking Organization Plead Guilty to Drug Trafficking and Money Laundering ChargesRead the Press Release
ALBUQUERQUE – Four more of the 22 defendants charged with federal drug trafficking and international money laundering charges in a superseding indictment filed in Aug. 2017, entered guilty pleas in federal court in Las Cruces, N.M., this week
Twenty-three defendants were charged on April 19, 2017, in a 44-count indictment, as the result of a 16-month DEA-led federal investigation targeting a Mexican drug trafficking organization (DTO) responsible for importing large quantities of heroin, methamphetamine and cocaine from Mexico, and distributing the drugs in New Mexico, Texas, Kansas, Kentucky and Illinois. During the investigation, law enforcement authorities seized approximately 30 kilograms of heroin, 64 kilograms of methamphetamine, 17 kilograms of cocaine, 20 kilograms of marijuana, 24 firearms, $102,000 in currency, and three vehicles. The investigation concluded in April 2017, with a multi-agency law enforcement operation that included the execution of arrest warrants in New Mexico and Texas, and six search warrants in El Paso, Tex., Sunland Park, N.M., Belen, N.M., and Albuquerque, N.M.
A superseding indictment was filed on Aug. 16, 2017, that included all of the charges from the indictment but removed one defendant. The superseding indictment charged the 22 defendants with participating in a conspiracy to distribute heroin, methamphetamine and cocaine between April 2016 and April 2017. It also charged nine of the defendants with participating in an international money laundering conspiracy during that same period in time. The superseding indictment also charged certain defendants with engaging in a series of substantive drug trafficking and money laundering offenses, and using communication devices (telephones) to facilitate their criminal activities, and one defendant with a firearms offense.
The superseding indictment included 77 overt acts allegedly committed by the defendants in furtherance of the drug trafficking conspiracy, which described the expansive sweep of the DTO’s drug distribution operation and the significant quantities of drugs involved. For example, the overt acts set forth in the superseding indictment alleged that the DTO’s drug trafficking and money laundering activities extended to Kentucky, where law enforcement officers seized $15,300 in drug proceeds from a courier who was transporting the money to New Mexico in April 2016; to Oklahoma, where law enforcement officers seized 4.44 kilograms of methamphetamine from a courier in June 2016; and New Mexico, where law enforcement officers seized six kilograms of heroin and 3.56 kilograms of methamphetamine from a courier at a U.S. Border Patrol checkpoint in Oct. 2016.
The superseding indictment also included forfeiture allegations, which sought forfeiture to the United States of the proceeds of the DTO’s drug trafficking and money-laundering activities, including $56,556 seized by the DEA during the investigation.
The following four defendants entered guilty pleas this week:
- Omar Fernandez, 22, of Albuquerque, N.M., pled guilty on July 16, 2018, to conspiracy to distribute methamphetamine and using a communication facility in furtherance of a drug trafficking crime. Fernandez admitted that between June 2016 and Nov. 2016, he conspired with others to distribute drugs in New Mexico and elswhere by receiving drugs that had been transported from El Paso, Texas, and southern New Mexico to Albuquerque. Fernandez acknowledged responsibility for trafficking approximately 11.64 kilograms of methamphetamine and 5.38 kilograms of heroin while he was involved in the conspiracy. At sentencing, Fernandez faces a statutory mandatory minimum penalty of ten years and a maximum of life imprisonment.
- Joshua Jande Carmona, 24, of El Paso, Texas, pled guilty on July 16, 2018, to conspiracy to distribute methamphetamine and heroin, conspiracy to commit international money laundering, international money laundering, and possession of methamphetamine and heroin with intent to distribute. Carmona admitted in April 2017, he obtained drugs brought into the United States in southern New Mexico and El Paso, Texas, and transported and arranged delivery of the drugs to Albuquerque and other locations. Carmona acknowledged responsibility for attempting to traffick at least 21.99 kilograms of methamphetamine, six kilograms of heroin and $15,300 in drug proceeds from April 2016 through Oct. 2016. Carmona’s plea agreement recommends that he be sentenced to a term of imprisonment within the range of 180 and 240 months followed by a term of supervised release to be determined by the court.
- Rosa M. De Santiago, 44, of Sunland Park, N.M., pled guilty on July 16, 2018, to conspiracy to distribute methamphetamine and heroin, conspiracy to commit international money laundering, and possession of methamphetamine and heroin with intent to distribute. De Santiago entered her guilty plea without the benefit of a plea agreement. At sentencing, De Santiago faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.
- Vanessa Reyes, 27, of El Paso, Texas, pled guilty on July 16, 2018, to conspiracy to distribute methamphetamine, conspiracy to commit international money laundering, international money laundering, possession of methamphetamine with intent to distribute, and using a communication facility in furtherance of a drug trafficking crime. Reyes admitted that in April 2017, she worked with others to transport and distribute drugs in New Mexico and other locations. Reyes admitted that in Oct. 2017, she transported approximately 4.98 kilograms of methamphetamine from El Paso, Texas, to Albuquerque, and $32,000 in drug proceeds from Albuquerque to El Paso, Texas. At sentencing, Reyes faces a statutory mandatory minimum penalty of ten years and a maximum of life imprisonment.
To date, 13 of the 22 defendants have entered guilty pleas and are awaiting sentencing. Six defendants have entered pleas of not guilty and are pending trial. Three defendants have yet to be arrested and are considered fugitives. Charges in indictments and criminal complaints are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
The Las Cruces and Albuquerque offices of the DEA conducted the investigation with assistance from IRS Criminal Investigation, the U.S. Border Patrol, New Mexico State Police and Hatch Police Department. Assistant U.S. Attorneys Selesia L. Winston and Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the cases as part of the OCDETF Program and the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.
The OCDETF Program is a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Former Schoolteacher Sentenced to 18 Months in Prison for Possession of Child PornographyRead the Press Release
A former Seattle schoolteacher was sentenced today in U.S. District Court in Seattle to 18 months in prison and ten years of supervised release, announced First Assistant United States Attorney Helen M. Brunner. GABRIEL CRONIN, 42, a former teacher and robotics coach at Seattle Academy was arrested in November 2017, following a tip to the National Center for Missing and Exploited Children (NCMEC). When questioned by Seattle Police CRONIN admitted he had viewed child pornography on his school provided laptop. At today’s sentencing hearing Chief U.S. District Judge Ricardo S. Martinez said CRONIN is “a highly educated and highly intelligent man who understands the damage that occurs to these victims, especially in the internet age… His actions contribute to that ongoing market that creates new sex abuse victims all around the world.”
According to records filed in the case, a relative of CRONIN called NCMEC when she learned that he was in therapy for an addiction to child pornography. Because of his employment as a teacher, the relative was concerned CRONIN was a risk to children. The investigation revealed CRONIN possessed 117 images of teens engaged in sexually explicit conduct. The images were downloaded from the internet. The investigation did not reveal any instances where CRONIN pursued sexual interactions with minors.
Speaking to the court CRONIN said what he did was “extremely perverted and reprehensible…. My actions contributed to ongoing harm to kids…. I should have left teaching. My actions were sick and selfish.”
CRONIN was fired from his employment following his arrest and will be required to register as a sex offender following his release from prison. CRONIN also must pay a $5,000 fine.
Chief Judge Martinez reiterated that CRONIN had tried to do “everything possible to take the right steps” following his arrest, and noted that there was “no evidence of any kind that he had any hands-on contact with any children at the school or in his neighborhood.”
The case was investigated by the Seattle Police Department and Homeland Security Investigations. The case was prosecuted by Special Assistant United States Attorney Cecelia Gregson. Ms. Gregson is a Senior Deputy King County Prosecutor specially designated to prosecute child exploitation cases in federal court
Former Maple Valley, Washington Resident Sentenced to 22 Years in Prison for Production and Possession of Images of Child MolestationRead the Press Release
A former resident of Maple Valley, Washington was sentenced today in U.S. District Court in Seattle to 22 years in prison for production and possession of child pornography, announced U.S. Attorney Annette L. Hayes. STEPHEN SCHMIDT, 45, pleaded guilty in April 2018, admitting that he raped and molested two young children. SCHMIDT made photographic evidence of the molestation of a 7-year old child and kept the images on his electronic devices. He also molested a 13-year-old and a young child in Lewis County, Washington. When the two Maple Valley children disclosed the sexual abuse, their mother immediately reported the case to police. At the sentencing hearing, Chief Judge Ricardo S. Martinez said “His history is concerning, his repeated decisions to molest these children…. This defendant is precisely the type of offender congress had in mind when it increased the penalties.”
“This defendant stole the innocence of three children, betraying them and their families,” said U.S. Attorney Annette L. Hayes. “Congress provided for long sentences for those who produce child pornography because of the significant harm they do. I commend the work of the King County Sheriff’s Office and Homeland Security Investigations. Their joint efforts have made our district safer for everyone.”
“Schmidt’s acts are unthinkable. He robbed multiple children of their innocence and then documented his horrific actions,” said Brad Bench, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI). “King County and HSI worked together to gather all relevant evidence to prevent him from harming anyone else. While we can’t undo Schmidt’s actions, I hope today’s sentence brings his victims and their families’ closure.”
According to records filed in the case, in early May 2017, the Maple Valley woman reported to Child Protective Services, and later to local law enforcement that her two minor children had disclosed sexual abuse by SCHMIDT. A few days after the victim’s mother alerted law enforcement, SCHMIDT contacted a King County Sheriff’s Deputy and disclosed a lengthy history of child sexual abuse, including the two Maple Valley children, and the sexual molestation of the child in Lewis County. SCHMIDT was taken into custody and has been incarcerated ever since. A search of electronic devices belonging to SCHMIDT revealed images of one of the children he molested, as well as a collection of sexually explicit images of other young victims obtained from other sources.
The federal sentence imposed today is part of a global resolution of child molestation charges in King and Lewis Counties as well as the federal charges. Under the resolution, SCHMIDT will plead guilty and be sentenced in state court to 26 years to life in prison. Chief Judge Martinez ordered the federal sentence to run concurrent to the state sentence. Chief Judge Martinez ordered that SCHMIDT be on federal probation following prison for the rest of his life.
The case was investigated by the King County Sheriff’s Office and HSI. The case was prosecuted by Special Assistant United States Attorney Cecelia Gregson. Ms. Gregson is a Senior Deputy King County Prosecutor specially designated to prosecute child exploitation cases in federal court.
Former Las Vegas City Councilman Sentenced to PrisonRead the Press Release
WASHINGTON – A former Las Vegas City Councilman was sentenced today to 1 month in prison, 3 months in a halfway house, and 8 months of home confinement for orchestrating a scheme to steal tens of thousands of dollars from his reelection campaign in 2015, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Dayle Elieson of the District of Nevada.
Ricki Y. Barlow, 46, of Las Vegas, Nevada, was sentenced by U.S. District Judge Andrew P. Gordon of the District of Nevada following Barlow’s guilty plea to one count of wire fraud earlier this year. In addition to the term of imprisonment, Judge Gordon imposed a fine of $66,125 and ordered Barlow to serve 3 years of supervised release.
According to admissions made in connection with Barlow’s plea, Barlow stole approximately $49,125 from his reelection campaign in 2015 through a series of kickbacks from campaign vendors. Barlow admitted to directing the campaign vendors to submit inflated invoices to his campaign treasurer and then kick back a substantial percentage of their paychecks to Barlow, typically in the form of cash. Barlow also admitted to accepting an additional $17,000 in cash campaign contributions that he never reported to his campaign treasurer or transmitted to the campaign. Instead, as he did with the campaign kickbacks, Barlow admitted to diverting the $17,000 in campaign contributions for his own personal use.
To conceal the scheme to steal campaign funds, Barlow admitted to causing his campaign to submit false campaign finance reports to the Nevada Secretary of State.
This case was investigated by the FBI. Trial Attorney Ryan J. Ellersick of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Daniel R. Schiess of the District of Nevada prosecuted the case.
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Former Boca Raton Resident Sentenced to More than 5 Years in Prison for Multi-Million Dollar Stolen Identity Refund Fraud SchemeRead the Press Release
A former Boca Raton resident, who purported to operate a tax preparation business in Pompano Beach, was sentenced to more than 5 years in prison for his involvement in a multi-million dollar stolen identity tax refund fraud scheme.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, and Michael J. De Palma, Acting Special Agent in Charge, Internal Revenue Service (IRS-CI), made the announcement.
Wilson Lasset, 48, formerly of Boca Raton, Florida, previously pleaded guilty to wire fraud, in violation of Title 18, United States Code, Section 1343 and aggravated identity theft, in violation of Title 18, United States Code, Section 1028A. Yesterday, U.S. District Court Judge Kathleen M. Williams sentenced Lasset to 42 months in prison on the wire fraud count of conviction, to be followed by a consecutive term of 24 months in prison for the crime of aggravated identity theft.
According to the record, including agreed upon stipulated facts filed in court, Lasset applied to the IRS for identification numbers, enabling him and the business he incorporated, Triangle International Training Center, to prepare and electronically file tax returns on behalf of other people. The business operated out of two addresses in Pompano Beach, Florida. In 2012, using these identification numbers, the defendant filed approximately 1,606 tax returns with the IRS. These tax returns included at least 25 returns filed using the names and social security numbers of individuals living with cerebral palsy who did not need to file tax returns and who did not authorize Lasset to file tax returns on their behalf. The unauthorized filings also included returns using the identities of approximately 386 incarcerated individuals. These returns, as well as the filings using the identities of the individuals with cerebral palsy, included falsely claimed earned income tax credits, based on false claims of earning income as “household help” employees, and falsely claimed education credits designed to reimburse college and other higher education expenses.
In total, Lasset’s identification numbers were used to claim more than $2.7 million in fraudulent tax refunds. The IRS paid approximately $788,611 in refunds based on these fraudulent tax returns. Approximately $51,000 was deducted directly from these refunds as preparer’s fees that were deposited into a bank account Lasset opened and controlled for Triangle International Training Center. Lasset used the money deposited into this account to fund his travel and other personal expenses.
Mr. Greenberg commended the investigative efforts of IRS-CI in connection with this matter. This case was prosecuted by Assistant U.S. Attorney Jared M. Strauss.
Related court documents and information can be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Federal Prison Employee Charged with Smuggling Phones into Prison and Making False StatementsRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that, on July 18, a federal grand jury in New Haven returned an indictment charging ERIC WILLIAMS, 37, of Danbury, with one count of providing contraband in prison and one count of making false statements.
WILLIAMS was arrested this morning. He appeared before U.S. Magistrate Judge William I. Garfinkel in Bridgeport, entered a plea of not guilty, and was released on a $50,000 bond.
As alleged in the indictment, WILLIAMS worked in the Food Service Department at the Federal Correctional Institution in Danbury (FCI Danbury). On July 9, 2017, WILLIAMS attempted to smuggle four mobile phones and an electric beard trimmer into the prison by hiding the items in his hat as he entered the facility through the staff entrance. When a corrections officer arrived at the staff entrance to screen WILLIAMS for admission into the facility, WILLIAMS abandoned the attempt and left his hat containing the contraband in the entrance area. When a supervisory officer found the hat and asked WILLIAMS if it belonged to him, WILLIAMS denied that it was his hat.
If convicted of the charges, Williams faces a maximum term of imprisonment of six years.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Federal Bureau of Investigation and the Department of Justice Office of the Inspector General with cooperation from the Federal Bureau of Prisons. The case is being prosecuted by Assistant U.S. Attorney Avi M. Perry.
Federal Officials Close Review of Fatal Shooting of Hector Escoto-MunguiaRead the Press Release
Roanoke, VIRGINIA – The United States Attorney’s Office for the Western District of Virginia announced today that there is insufficient evidence to pursue federal criminal charges against Keith Sidwell in the April 10, 2018 fatal shooting of Hector Escoto-Munguia on the Blue Ridge Parkway.
Officials from the United States Attorney’s Office met with members of Escoto-Munguia’s family today to inform them of this decision.
In conducting its review, the United States Attorney’s Office was tasked with determining whether the events that led to the death of Mr. Escoto-Munguia gave rise to a federal criminal violation prosecutable under the applicable statutes, 18 U.S.C. § 1111 (Unlawful Killing of Another Person), or 18 U.S.C. § 1112 (Voluntary Manslaughter). To establish a violation of Section 1111, the government must prove, beyond a reasonable doubt, that (1) the defendant unlawfully killed a person; (2) the defendant killed with malice aforethought; and (3) the killing was premeditated.; or that (1) the defendant unlawfully killed a person; (2) the defendant killed with malice aforethought; and (3) the killing took place within the territorial jurisdiction of the United States. To establish a violation of Section 1112, the government must prove, beyond a reasonable doubt, that (1) the defendant unlawfully killed a person; and (2) the defendant did so without malice, that is, upon a sudden quarrel or heat of passion. Based on the specific circumstances of this encounter, the United States Attorney’s Office also had to analyze these potential federal charges in conjunction with the self-defense doctrine, which, in certain cases, acts as a bar to criminal liability for an otherwise intentional killing.
Here, experienced federal prosecutors from the United States Attorney’s Office considered whether Keith Sidwell (Sidwell) violated Sections 1111 or 1112 by killing Mr. Escoto-Munguia. After a thorough review of the evidence gathered by the FBI, the Roanoke County Police Department and the National Park Service, the United States Attorney’s Office has determined that there is insufficient evidence to prove, beyond a reasonable doubt, that Mr. Sidwell violated either statute.
The United States Attorney’s Office conducted an independent review of the evidence. This included multiple 911 calls, witness interviews, crime-scene analysis, physical evidence and digital media. This evidence indicated that on April 10, 2018, Mr. Sidwell and Mr. Escoto-Munguia, who was driving a Hummer H3, encountered each other while they were both driving on the Blue Ridge Parkway. The two ended up stopped next to each other, facing in opposite directions, with their driver’s windows down. Mr. Sidwell stated that Mr. Escoto-Munguia pointed what appeared to be a semi-automatic handgun at him and Mr. Sidwell, a former police officer who possessed a valid concealed weapons permit, drew his own handgun, a Glock 9mm, and yelled multiple times for Mr. Escoto-Munguia to drop the gun. Mr. Sidwell asserted that he discharged his firearm when Mr. Escoto-Munguia continued to point the firearm at him and Mr. Sidwell feared for his life. Investigators determined that Mr. Sidwell discharged his firearm three times and they also recovered a Daisy Powerline Model 340 BB pistol from the roadway just outside and to the rear of Mr. Escoto-Munguia’s vehicle. The BB-gun is made to look like an actual handgun and bears markings strikingly similar to a Beretta 92F 9mm pistol. At approximately 10:27 a.m., Mr. Sidwell called 911 stating he had shot a man on the Blue Ridge Parkway after the man had pointed a gun at him. Mr. Sidwell can be heard shouting “get down” or “sit down” in the background of this call. The investigation also disclosed that immediately before the shooting, Mr. Escoto-Munguia had at least three other encounters with witnesses not far from the location of the shooting. These witnesses reported that a man driving a vehicle similar to that of Mr. Escoto-Munguia brandished what appeared to be a black handgun at them. They each identified Mr. Escoto-Munguia from either his photograph or his vehicle. Specifically, one of the witnesses also reported a license plate number on the vehicle being driven by the man brandishing the firearm, which transposed one letter of the license plate number on Mr. Escoto-Munguia’s Hummer (VZY-4100 versus VYZ-4100, respectively).
Here, the United States Attorney’s Office cannot disprove Mr. Sidwell’s assertion that he needed to use deadly force because he feared for his life when Mr. Escoto-Munguia pointed what appeared to be a handgun at him and failed to comply with his orders to drop it. As noted above, a person who has killed another human being may rely upon the doctrine of self-defense to justify his actions and remove himself from criminal liability. The person who is not the aggressor may use a reasonable amount of force against the aggressor when the defender reasonably believes he or she is in immediate danger of unlawful bodily harm, and the use of force is necessary to prevent that harm. United States v. Bellinger, 652 F. App’x 143, 148 (4th Cir. 2016) (unpublished). Deadly force may be used in self-defense if it is an “in-kind response,” i.e. a person “reasonably believes that he is in imminent danger of death or great bodily harm.” United States v. Barrett, 797 F.3d 1207, 1218 (10th Cir. 2015); United States v. Black, 692 F.2d 314, 318 (4th Cir. 1982). Finally, a valid claim of self-defense requires that the aggressor “(1) was under unlawful and present threat of death or serious bodily injury; (2) did not recklessly place himself in a situation where he would be forced to engage in criminal conduct; (3) had no reasonable legal alternative; and (4) established a direct causal relationship between the criminal action and the avoidance of the threatened harm.” United States v. Smith, 600 F. App’x 884, 886 (4th Cir. 2015).
In this case, there is insufficient evidence to establish, beyond a reasonable doubt, that Mr. Sidwell unlawfully killed Mr. Escoto-Munguia and that he did not act in self defense. The totality of the available evidence indicates that just prior to his encounter with Mr. Sidwell, Mr. Escoto-Munguia had encounters with others on or near the Blue Ridge Parkway during which he displayed what appeared to be a handgun. There is no reliable testimonial or physical evidence that refutes Mr. Sidwell’s account that he believed he was in imminent danger of death or great bodily harm when Mr. Escoto-Munguia pointed what appeared to be a handgun at him. Accordingly, the evidence is not sufficient to meet the rigorous requirements of proving beyond a reasonable doubt the elements of 18 U.S.C. §§ 1111 or 1112. This decision is limited strictly to an application of the high legal standard required to prosecute the case under federal criminal laws. It does not reflect an assessment of any other aspect of the incident that led to Mr. Escoto-Munguia’s death.
The United States Attorney’s Office consulted with the Roanoke County Commonwealth’s Attorney’s Office throughout the investigation and review of this matter and that office concurred with the decision of the United States Attorney’s Office.
This decision is based on an extensive review and a careful analysis of the applicable law, as well as our adherence to well-established ethical standards governing prosecutors in cases where, as here, the evidence falls short of our constitutional burden of proof. The United States Attorney’s Office is committed to investigating all allegations of violations of federal law and will devote all necessary resources to ensure that a thorough and careful review is given to any matter within our jurisdiction.
Federal Jury Finds Oklee Man Guilty of Possessing Unregistered Pipe BombsRead the Press Release
United States Attorney Erica H. MacDonald announced the conviction of ERIC JAMES REINBOLD, 41, for illegally possessing unregistered pipe bombs. Following a three-day trial before Chief Judge John R. Tunheim in U.S. District Court in Fergus Falls, Minnesota, the jury found REINBOLD guilty of one count of possession of unregistered destructive devices. REINBOLD’S sentencing hearing is set for November 16, 2018.
“Given the dangerousness of the devices and the courage of the concerned citizens who discovered them and contacted law enforcement, we are pleased with the jury’s verdict,” said Assistant U.S. Attorney Julie Allyn.
“Regardless of the intent of use, pipe bombs are illegal improvised explosive devices, bottom line,” said ATF Assistant Special Agent in Charge Kirk Howard, of the St. Paul Field Division. “We’re grateful that somebody took the initiative to report this, and we encourage anyone who comes into contact with dangerous, illegal improvised explosive devices to reach out to us. It could save people from getting hurt or killed. Our local law enforcement partners did a tremendous job during this investigation. Their work directly lead to today’s verdict.”
As proven at trial, on October 22, 2017, law enforcement received a report of possible pipe bombs and bomb making materials found on hunting land in Oklee, Minnesota. When law enforcement responded to the property, they found a plastic tote containing items that appeared to be destructive devices, specifically, pipe bombs. In addition to the pipe bombs, there were two jugs of gun powder, fuses, batteries, toggle switches, a Christmas tree light with cut wires, a kitchen timer, Nerf-gun bullets, and a receipt for the fuses containing REINBOLD’S name and address.
As proven at trial, on November 2, 2017, law enforcement executed a search warrant at REINBOLD’S residence in Oklee. Officers recovered materials similar to those found on the hunting land, as well as a book entitled “Anarchist Cookbook,” and a notebook entitled “How one (1) person Can make a difference *Instruction Booklet at the HCU (homemade commando university),” which contained handwritten notes related to manufacturing pipe bombs, making homemade explosives, how to use pipe bombs, and diagrams of bombs that match the bombs found in the tote.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Red Lake County Sheriff’s Office, the Crow Wing County Sheriff’s Office, and the Pennington County Sheriff’s Office.
Assistant United States Attorneys Julie E. Allyn and Angela Munoz-Kaphing are prosecuting this case.
Defendant Information:
ERIC JAMES REINBOLD, 41
Oklee, Minn.
Convicted:
- Possession of unregistered destructive devices, 1 count
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Federal Jury Convicts Wilson County Man of Firearm OffensesRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that in Federal court, ROBERT LEE HOLDEN, JR., a 50-year-old resident of Wilson, was convicted following a two-day trial before United States District Chief Judge James C. Dever III. The jury found HOLDEN guilty of Possession of a Stolen Firearm and Being a Convicted Felon in Possession of a Firearm. Sentencing is scheduled for October 22, 2018. HOLDEN faces up to life imprisonment.
The evidence at trial showed that on July 5, 2016, Officers of the Wilson County Sheriff’s Office responded to a shots fired call. Officers responded to the scene and discovered HOLDEN on the the front porch of his residence. After inviting the officers to search his home for firearms, the officers discovered a .357-caliber revolver on a leather ottoman, only a few feet from where HOLDEN was standing. The revolver had one spent shell casing inside its cylander. Addtionally, officers determined that the firearm was a stolen firearm taken from the home of HOLDEN’S uncle who lived nearby.
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.
In support of PSN, the United States Attorney’s Office for the Eastern District of North Carolina has implemented the Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The case was investigated by the Wilson County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). James J. Kurosad prosecuted the case on behalf of the United States.
District Man Sentenced to 13 Years in Prison for Shooting Man in Broad Daylight in Southwest WashingtonRead the Press Release
WASHINGTON – Delonte Mack, 31, of Washington, D.C., was sentenced today to 13 years in prison on charges stemming from a brazen shooting that took place in broad daylight last year in Southwest Washington, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
The victim was shot numerous times at close range and, but for the quick medical attention of a responding Metropolitan Police Department (MPD) officer, could have died.
Mack was found guilty by a jury on April 17, 2018, of charges of aggravated assault while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm. The verdict followed a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Juliet McKenna. Following his prison term, he will be placed on five years of supervised release.
According to the government’s evidence, on Saturday, Feb. 25, 2017, at approximately 12:45 p.m., the victim was standing in front of a carry-out restaurant in the unit block of N Street SW, a short distance from Nationals Park. Without warning, Mack came from an alley running alongside the carry-out and approached the victim from behind. He then opened fire.
The victim was hit five times, including in the groin, back and arm. During the trial, the surgeon who treated the victim testified how emergency surgery was needed to prevent him from bleeding to death on the operating table. The victim continues to suffer pain and limited mobility as a result of his gunshot wounds, and lost a toe in the attack.
After the shooting, Mack ran back into the alley and toward the back yard of his nearby home on Carrollsburg Place SW. Minutes later, he sped away in his car, headed into Maryland. An investigation led to his arrest on March 17, 2017, and he has been in custody ever since.
Mack was linked to the crime through video from the alley, cell site data, and Internet searches he conducted about the shooting and about “boots for missing toes.” At the time of his arrest, Mack was on supervised release stemming from an earlier firearms case.
In announcing the sentence, U.S. Attorney Liu and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences and the FBI’s Cellular Survey Analysis Team. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Tiffany Fogle and Lornce Applewhite; Litigation Technology Specialist Leif Hickling, and Criminal Investigators Durand Odom, Tommy Miller, Mark Crawford, and John Marsh.
Finally, they commended the work of Assistant U.S. Attorneys John B. Timmer and Laura Crane, who investigated and prosecuted the case.
Defendant sentenced for trafficking methamphetamine from prisonRead the Press Release
ATLANTA - Ricardo Silva, a current inmate at Smith State Prison and a high-ranking member of the Sureños prison gang, has been sentenced to 35 years in federal prison for trafficking methamphetamine. He is currently serving a sentence with the state of Georgia for trafficking cocaine.
“Silva’s time in state prison did not deter him from continuing his drug trafficking activity,” said U.S. Attorney Byung J. “BJay” Pak. “Instead of learning his lesson from his cocaine-trafficking conviction, Silva chose to continue building a drug-trafficking network with methamphetamine, but he will now face the consequences of his crime with a lengthy sentence in federal prison.
“The mission of DEA is unwavering - we combat drug traffickers - to include those who “push” drugs on the streets while incarcerated,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Filed Division. “In the end, these substances cause immeasurable damage to communities. Today’s sentencing is a perfect example of how the law enforcement community and the U.S. Attorney’s Office work together to keep deserving criminals like Silva behind bars.”
“Methamphetamine continues to ravage many communities in our nation,” said Daniel R. Salter, the Executive Director of the Atlanta-Carolinas High Intensity Drug Trafficking Area (HIDTA). “Because of the positive results yielded in this case, the sentencing of Silva should serve as a stern warning to others, that whether you seek to push methamphetamine on the streets or while incarcerated, you will ultimately be brought to justice.”
“We are especially proud of our agents and investigators who proactively identified the criminal enterprise being conducted by Silva, and worked tirelessly with our partners at the federal, state, and local levels to expose his actions,” said Gregory C. Dozier, Commissioner of the Georgia Department of Corrections. “This is yet another example of why we appreciate the support and assistance of our law enforcement partners, as we continue to work together in our commitment to expose those who pose a threat to the safety of the citizens of Georgia and ensure justice is served.”
“Criminals who are able to operate inside prisons and conduct this level of criminal activity are a direct threat to the safety of the public,” said GBI Director Vernon Keenan. “The GBI is fully committed to working with the state and federal partners to address this type of crime.”
According to U.S. Attorney Pak, the charges and other information presented in court: Since January 2010, Ricardo Silva has been serving a state sentence for trafficking cocaine. Georgia Department of Corrections officials believed that Silva was – and still is – one of the highest-ranking Georgia members of the Sureños, a dangerous gang with a strong presence in state and federal correctional facilities across the United States.
In 2016, federal agents with HIDTA and the DEA began investigating Silva for trafficking drugs while he was incarcerated in Smith State Prison. Over the course of the investigation, agents learned that Silva obtained access to a contraband cellphone, despite being segregated from the general population for 23 hours a day. Silva was able to thwart the prison’s security features designed to prevent inmates from making calls on unauthorized devices.
Agents used a variety of investigative techniques, including a federal wiretap of Silva’s contraband cellphone, to uncover his drug trafficking activities. During the investigation, they seized or found evidence of more than 100 pounds of methamphetamine in liquid and crystal form. Silva coordinated deliveries of this methamphetamine with a source of supply based in Mexico.
Law enforcement officers also conducted a traffic stop after observing one of Silva’s co-conspirators making a drug transaction, finding a firearm and approximately six pounds of crystal methamphetamine at the scene. Silva’s drug distribution network consisted of family members, former prisoners, and other recruits.
Ricardo Silva, 45, of Lawrenceville, Georgia was sentenced by U.S. District Judge Timothy C. Batten, Sr., to 35 years in prison followed by five years of supervised release for conspiring to possess with intent to distribute at least 50 grams of methamphetamine, possessing with intent to distribute at least 50 grams of methamphetamine, and possessing a firearm in furtherance of a drug trafficking crime. Silva was found guilty by a jury on April 18, 2018.
The following defendants have also been convicted in the conspiracy:
●Victor Alfonso Gattan, a/k/a LA, age 33, of Gwinnett County, Georgia, pleaded guilty and was sentenced on July 10, 2018 to 12 years in federal prison for conspiring to possess with intent to distribute at least 50 grams of methamphetamine;
●Anthony Sandoval, a/k/a Tony, age 25, of Monroe, Georgia, pleaded guilty in federal court to conspiring to possess with intent to distribute at least 50 grams of methamphetamine on April 30, 2018, and is awaiting sentencing;
●Lydia Beck, a/k/a Lady, age 26, of McDonough, Georgia, pleaded guilty in federal court to conspiring to possess with intent to distribute at least 50 grams of methamphetamine on December 12, 2017, and is awaiting sentencing;
●Fernando Betancourt, a/k/a Scrappy, age 33, or Douglasville, Georgia, pleaded guilty in federal court to conspiring to possess with intent to distribute at least 50 grams of methamphetamine on March 5, 2018, and is awaiting sentencing; and
●Leslie Nelson, age 38, of Atlanta, Georgia, pleaded guilty and was sentenced on September 22, 2017 to 15 years in state prison for trafficking methamphetamine and possession of a weapon during a crime in the Superior Court of Clayton County.
This case was investigated by the Atlanta-Carolina High Intensity Drug Trafficking Area Program, the Drug Enforcement Agency, the Georgia Department of Corrections, the Georgia Bureau of Investigation, the Georgia State Patrol, and the Atlanta Police Department.
Special Assistant U.S. Attorney Nicholas N. Joy and Assistant U.S Attorneys Jennifer Whitfield and Vivek Kothari prosecuted the case.
The U.S. Attorney’s Office in Atlanta recommends that parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Convicted Felon Sentenced for Illegal Reentry into the United StatesRead the Press Release
ALEXANDRIA, Va. – Ismael Ramirez-Martinez, 46, a citizen of Mexico, was sentenced today to two years in prison for illegal reentry into the United States.
According to court documents, Ramirez-Martinez first illegally entered the United States sometime in or before 1994. In 1994, he was convicted of second degree aggravated assault, a felony, in the New Jersey Superior Court of Middlesex County, for which he was sentenced to four years in prison. After serving the prison sentence, Ramirez-Martinez was removed to Mexico in 1995. He returned to the United States sometime after his removal in 1995. Ramirez-Martinez was convicted of another felony in 2013, felony possession or transportation of a firearm by an unlawful alien in Virginia Circuit Court of Rappahannock County. Later in 2013, he was convicted of his third felony, illegal reentry into the United States after deportation. After serving his prison sentences, Ramirez-Martinez was again removed to Mexico in 2014. Sometime after his deportation in 2014, Ramirez-Martinez returned to the United States illegally for a third time and remained undetected until his arrest on Dec. 30, 2017, in Warrenton for assault and battery on a law enforcement officer.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Russell Hott, Field Office Director for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C., made the announcement after sentencing by U.S. District Judge Liam O’Grady. Special Assistant U.S. Attorneys Matthew Reilly and Jason A. Reding 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. 1:18-cr-71.
Clinton Man Convicted of Murder for HireRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that a federal jury in Hartford has found JAMES ERIK GODIKSEN, 56, of Clinton, guilty of murder for hire. The trial before U.S. District Judge Vanessa L. Bryant began on July 10, and the jury returned its verdict today.
According to the evidence at trial, in 2016, while he was incarcerated at New Haven Correctional Center, GODIKSEN reached out to other inmates seeking a person who would be willing to kill GODIKSEN’s former wife. Between September 10 and September 14, 2016, GODIKSEN and an ATF special agent acting in an undercover capacity spoke multiple times by phone. During these conversations, GODIKSEN offered to pay the undercover agent $5,000 to murder his “ex-wife,” and provided the agent with a physical description of his former wife, her phone number, her home address, her place of work and the route she typically drove to work. He also told the undercover agent how he would like his former wife to be murdered. GODIKSEN offered the undercover agent additional money if he encountered his former wife’s current boyfriend and killed him, too.
GODIKSEN was arrested on September 14, 2016, after he met with the undercover agent and provided him with a “down payment” of $80, some of which was to be used to purchase a knife.
GODIKSEN has been detained since his arrest. He faces a maximum term of imprisonment of 10 years.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Clinton Police Department and Connecticut Department of Correction. The case is being prosecuted by Assistant U.S. Attorneys Rahul Kale and Dave Vatti.
Clarksville Man Facing Federal Charges After Foiled Robbery AttemptRead the Press Release
Gabriel Gonzales, 18, of Clarksville, Tennessee, was charged yesterday in a criminal complaint with Hobbs Act robbery and brandishing and carrying a firearm during and in relation to a crime of violence, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
According to the complaint, on May 10, 2018, just before midnight, Gonzales and two other individuals accosted the clerk of Chip’s Quick Stop, located on Whites Creek Pike, as he was outside the store. All of the individuals wore facial coverings and Gonzales was armed with a shotgun. Gonzales pointed the shotgun at the clerk and ordered him back into the store. The clerk then drew his own weapon and shot Gonzales. As the two accomplices fled, the store clerk secured the shotgun and rendered first aid to Gonzales until medical personnel arrived. Gonzales was subsequently transported to a nearby hospital where he required surgery for the gunshot wound.
Subsequent investigation determined that the shotgun used by Gonzales had been stolen in Clarksville, Tennessee in April 2018.
If convicted, Gonzales faces up to 20 years in prison for the robbery charge and an additional mandatory minimum of seven consecutive years for using a firearm during a crime of violence.
This case was investigated by the Metropolitan Nashville Police Department and the FBI. Assistant U.S. Attorney Siji Moore is prosecuting the case.
A criminal complaint is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Career Navy Commander Pleads Guilty to 18-Month Conspiracy to Dispense, Distribute and Deliver Controlled Substances Using Dark WebRead the Press Release
Assistant U. S. Attorney Sherri Walker Hobson (619) 961-0287
NEWS RELEASE SUMMARY – July 20, 2018
SAN DIEGO – U.S. Navy Commander Adolph Garza, a 23-year veteran, pleaded guilty in federal court today to drug charges, admitting that he conspired to distribute, deliver and dispense controlled substances by means of the internet.
Garza, a San Diego resident, admitted using the Dark Web to make multiple purchases of various controlled substances, including ecstasy, ketamine, cocaine, amphetamine and other controlled substances over an 18-month period, beginning on August 12, 2016 and continuing up to March 7, 2018.
According to his plea agreement, Garza used multiple dark web market places to order controlled substances for distribution in San Diego and beyond. In his plea agreement, Garza admitted that on at least 15 occasions, the drugs he ordered were the same ones seized by U.S. Customs and Border Protection at airports in San Francisco, New York and Chicago; and by U.S. Postal Inspectors and Homeland Security Investigations agents in San Diego.
On March 7, 2018, Garza was arrested by U.S. Postal Inspectors, Special Agents with Homeland Security Investigations, and Special Agents with Naval Criminal Investigative Service following a search warrant for his San Diego condominium. Inside his residence, agents found sealers, packaging and mailing materials, and concealment mailing methods (including DVD cases). Federal agents also seized MDMA, cocaine, ketamine, amphetamine and other controlled substances, as Garza admitted today in federal court.
According to court records, Garza also distributed controlled substances, including powder and tablet forms of MDMA and ketamine, by mailing multiple packages to individuals in Texas.
Garza is scheduled to be sentenced before U.S. District Judge Cynthia Bashant on December 10, 2018 at 9 a.m.
DEFENDANT Case Number 18-cr-1745
Adolph Garza Age: 54 San Diego, California
SUMMARY OF CHARGES
Conspiracy to Distribute Controlled Substances by Internet
Maximum penalty: 20 years’ imprisonment and $500,000 fine
INVESTIGATING AGENCIES
U.S. Postal Inspection Service
Homeland Security Investigations
Naval Criminal Investigative Service
U.S. Customs and Border Protection
San Diego Police Department
Boston Man Charged with Illegally Possessing a Loaded HandgunRead the Press Release
BOSTON – A Boston man was charged yesterday in federal court in Boston with unlawfully possessing a loaded handgun.
Jermaine Fenton, 40, was indicted on one count of possession of a firearm and ammunition by a felon.
On June 2, 2018, law enforcement officers responded to a call reporting a person with a gun in Dorchester. Fenton had been involved in a dispute with his girlfriend when his girlfriend’s uncle went to check on the situation. When the uncle arrived, he witnessed Fenton hit his niece. When the uncle attempted to separate Fenton from his niece, Fenton threatened the uncle and then went to reach for an object under his bed. Fenton was held back and the uncle was able to retrieve the object, a Glock model 36, .45 caliber pistol with rounds of .45 ammunition. Fenton then fled the home.
About an hour after the initial 9-1-1 call, police were called back to the residence because Fenton was spotted hiding in the back yard. When police arrived, Fenton was hiding in the grass in the back of the house where he was arrested; he is currently in state custody.
In 2010, Fenton was convicted in federal court in Boston of being a felon in possession of a firearm and sentenced to 57 months in prison.
Fenton faces a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New England Field Division; and Boston Police Commissioner William Evans made the announcement. Assistant U.S. Attorney David G. Tobin of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Bergen County Man Admits Using Personal Information Stolen from U.S. Service Members to File Phony Tax ReturnsRead the Press Release
TRENTON, N.J. – A Fort Lee, New Jersey, man today admitted generating phony tax refunds using personal identifying information stolen from current and former members of the U.S. army, U.S. Attorney Craig Carpenito announced.
Shope Oluwo, 33, pleaded guilty before U.S. District Judge Freda L. Wolfson in Trenton federal court to an indictment charging him with one count each of conspiracy to commit wire fraud, access device fraud, and aggravated identity theft.
According to documents filed in this case and statements made in court:
From January through February 2016, Oluwo conspired with others, including Dermot Sutherland, 29, of Philadelphia, to obtain personal identifying information that was stolen from current or former members of the U.S. Army. Oluwo used that stolen information to create fake military identification cards and fraudulent W-2 forms bearing the victims’ names.
Oluwo provided the phony cards and W-2 forms to Sutherland, who posed as the victims and filed phony returns with a tax preparation company. Afterwards, Sutherland received debit cards from the tax preparation company that contained the ill-gotten refunds.
The conspiracy to commit wire fraud charge carries a maximum potential penalty of 20 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. The access device fraud charge carries a maximum potential penalty of 10 years in prison and $250,000 fine, or twice the gross gain or loss from the offense. The aggravated identity theft charge carries a term of imprisonment of two years which must run consecutively to any other prison term. Sentencing is scheduled for Oct. 26, 2018.
Sutherland previously pleaded guilty to his role in the scheme and awaits sentencing.
U.S. Attorney Carpenito credited special agents of the U.S. Department of Defense, Defense Criminal Investigative Service, under the direction of Special Agent in Charge Leigh-Alistair Barzey; postal inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Judy Ramos; and special agents of IRS–Criminal Investigation, under the direction of Acting Special Agent in Charge Bryant Jackson in Newark, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Catherine R. Murphy of the U.S. Attorney’s Office Organized Crime and Gangs Unit.
Defense counsel: Patrick Brackley Esq., New York
Belgrade Man Sentenced to Prison for Drug OffenseRead the Press Release
MISSOULA – Richard Lee Clark, a 59-year-old resident of Belgrade, was sentenced today to 60 months in prison followed by four years supervised release after pleading guilty to conspiracy to possess with intent to distribute controlled substances. U.S. District Judge Dana Christensen handed down the sentence.
In late September 2016, investigators from the Missouri River Drug Task Force used a confidential informant to purchase methamphetamine. The confidential informant used Shannon Leavitt to arrange a drug deal. On October 3, 2016, investigators again used a confidential informant to purchase seven grams of methamphetamine from Leavitt. The informant and Leavitt went to her father’s, Richard Clark, house to pick up the methamphetamine. During that transaction, Leavitt told the informant that she was in business of dealing meth with her father Richard Clark.
Investigators also learned that methamphetamine was being shipped through the United States Mail to the Clark/Leavitt address. Investigators were then notified by the U.S. Postal Service about an express mail package being shipped to that address. Investigators had a K9 from the Bozeman Police Department sniff the package. The K9 positively alerted on the package for the presence of drugs. Investigators obtained a search warrant for Clark/Leavitt residence. They then delivered the package to the residence. Later that afternoon, Richard Clark returned to the home, retrieved the package, and went inside. Investigators then executed the search warrant at the house and found evidence of drug dealing. When they searched the Express Mail package, investigators found that it contained a candle and a tennis ball. There was an obvious hole in the tennis ball and investigators pulled a package out of it that contained 10.4 grams of methamphetamine. The candle was cut open which revealed the bottom half had been hollowed out and then resealed in a manner which made it look as though it had not been tampered with. The hollowed out portion of the candle held a package with 29.1 grams of methamphetamine.
Leavitt was interviewed after the search and admitted her role in the conspiracy. She said she was getting an ounce of methamphetamine a week for the past month from her source in Salt Lake City. She further said that she had previously driven to meet her source halfway between Montana and Salt Lake to get methamphetamine. Leavitt also stated that she would send her source the money through Western Union or Wal-Mart to Wal-Mart. Clark was also interviewed and said that he had been getting meth from the same source of supply as had been identified by Leavitt. Clarke said that he had ordered four ounce packages of meth from his source himself and that at one point, his source came to Montana to meet Clarke. He said he would get the money to his source by wiring it to him and would pay $550 for an ounce. Clarke also stated that he had sold or given meth to people who had come by the residence.
Clarke was held accountable for a total drug weight of 158.2 grams of methamphetamine which amounts to 1265 individual doses of the drug.
Shannon Leavitt has also pled guilty to her role in the drug conspiracy and was sentenced on January 19, 2018 to 60 months imprisonment.
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.
The case was prosecuted by Assistant U.S. Attorney Bryan R. Whittaker and investigated by the FBI, Gallatin County Sheriff’s Office, Bozeman Police Department, and the United States Postal Service.
Baltimore Heroin Dealer Sentenced to 40 Years in Federal Prison for A Drug Conspiracy, and for Shooting and Killing Another Drug DealerRead the Press Release
Baltimore, Maryland – U.S. District Judge Ellen L. Hollander today sentenced Aaron Daniels, age 25, of Baltimore, Maryland, to 40 years in prison, followed by five years of supervised release, for a heroin distribution conspiracy and for discharging a firearm during a drug trafficking crime, resulting in death.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration, Baltimore District Office; Interim Police Commissioner Gary Tuggle of the Baltimore Police Department; and Baltimore City State’s Attorney Marilyn J. Mosby.
According to his plea agreement, and other court documents, from at least March 2017, Daniels conspired with Gregory Whisonant, Nathaniel Hillard, and others to distribute heroin in the Shipley Hill neighborhood of Baltimore. During the course of the conspiracy, law enforcement obtained wiretaps of the defendants’ cell phones, which confirmed that Daniels sold heroin under the direction of Hillard, who managed the day-to-day business for the organization, which was led by Whisonant. In addition, Daniels often sold heroin with Donya Rigby, who sometimes acted as a “lookout” for the organization, letting the street dealers know when police were around.
On March 5, 2017, Baltimore Police officers watched Daniels engage in a series of hand-to-hand drug transactions and arrested him. In the moments before his arrest, intercepted calls between Daniels and Rigby indicated that Rigby failed to inform Daniels that police were in the area. In an intercepted call between Daniels and Hillard, Daniels told Hillard that Rigby would be fired. Daniels secured bail and was released on March 6, 2017. From March 6 through March 17, 2017, law enforcement intercepted several calls between Daniels and others complaining about Rigby and accusing him of stealing $800 of drug proceeds.
On March 17, 2017, investigators intercepted a call between Daniels and Hillard which captured the murder of Rigby. During the call, Daniels explained his location to Hillard. At the time, Hillard was in the area of 2600 Fairmount Avenue in Baltimore City, acting as a lookout for Daniels. Hillard told Daniels to wait in a nearby alleyway. As Rigby approached the area, Hillard alerted Daniels to Rigby’s presence and provided instructions and logistical and motivational support for the murder. The thirteen-minute conversation captured the sound of Daniels firing two shots at Rigby and fleeing the location. Rigby, who can be heard screaming in pain in the background of the call, ultimately succumbed to the gunshot wounds. As Daniels ran from the scene, he complained to Hillard that his gun had jammed. The next morning, Daniels, over his intercepted phone, bragged about his exploits and indicated that he believe that his murder of Rigby would elevate his position within the drug trafficking organization.
As a result of the murder, Daniels and Hillard were quickly arrested on state drug charges. On March 20, 2017, search warrants were also executed at locations associated with the drug trafficking organization. At the stash house on Kinsey Avenue, agents recovered 100 vials of heroin packaged for street-level distribution. At Whisonant’s residence on Timbercross Lane, law enforcement recovered 350 grams of heroin, a digital scale, $10,234 in cash, and a stolen and loaded 9mm handgun with an extended magazine. Whisonant admitted that he possessed the gun to protect himself, his drug proceeds, and in furtherance of his drug trafficking. On jail calls made by Daniels, he instructed his girlfriend to discard a box of ammunition, which agents recovered from the trash outside the apartment building where Daniels lived with his girlfriend.
Nathaniel Hillard, age 40, and Gregory Whisonant, age 39, both of Baltimore, pleaded guilty to their participation in the drug conspiracy. Hillard also pleaded guilty to discharging a firearm during a drug trafficking crime, resulting in death, for his participation in Donya Rigby’s murder. Whisonant also pleaded guilty to possession of a firearm in furtherance of a drug trafficking crime. Judge Hollander sentenced Hillard to 35 years in prison on May 21, 2018, and sentenced Whisonant to 30 years in prison on July 19, 2018.
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.
United States Attorney Robert K. Hur commended the DEA, the Baltimore Police Department, and the Office of the State’s Attorney for Baltimore City for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys James T. Wallner and Zachary Stendig, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Bala Cynwyd, PA Man Sentenced to 87 Months in Federal Prison for Bribing Postal Workers to Deliver MarijuanaRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that Tafari Riley, of Bala Cynwyd, was sentenced today to 87 months in federal prison for bribing two U.S. mail carriers to deliver packages containing marijuana to various locations in West Philadelphia.
From April through December 2016, Riley, 26, corruptly paid two United States mail carriers, co-defendants Steven C. Williams and Felicia Charleston, to deliver packages to Riley which were addressed to fictitious individuals and contained large amounts of marijuana. Through this scheme, Riley possessed and distributed a staggering 2,732 kilograms of marijuana. Charleston was sentenced in May to 10 months in prison. Williams is scheduled to be sentenced on August 1.
Law enforcement twice blocked Riley’s drug trafficking efforts. On Oct. 29, 2016, law enforcement intercepted and seized 158 pounds of marijuana at the post office before it had been delivered to Riley. Then, on September 15, 2017, agents seized 114 pounds of marijuana after it was delivered to Riley for distribution.
“The defendant bribed two federal employees to cultivate a booming marijuana business with no regard for the consequences of his actions,” said U.S. Attorney McSwain. “He abused the postal system, endangered those who lawfully use it, and corrupted two people entrusted with protecting it. Now he has received the punishment he deserves.”
The case was investigated by the United States Postal Service, Office of Inspector General (USPS-OIG), Homeland Security Investigations (HSI) Border Enforcement Security Taskforce (BEST), and the Pennsylvania Office of Attorney General, Bureau of Narcotics Investigations (BNI) and is being prosecuted by Assistant United States Attorneys Anita Eve and Tomika N.S. Patterson.
Anchorage Man Convicted of Attempted Sex Trafficking and Exploitation of MinorsRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that, yesterday, a federal jury in Anchorage convicted Danny Ray Lowe, 49, of two counts of attempted sexual trafficking of a minor, and two counts of attempted sexual exploitation of a minor.
The jury found Lowe guilty on all four counts after a three-day trial before U.S. District Judge Ralph R. Beistline. Lowe faces a penalty of not less than 15 years and up to life in prison, a fine of $250,000, and a life term of supervised release. The sentencing hearing has been set for Oct. 3, 2018.
According to evidence presented at trial, Lowe used text messages to negotiate the time, place, and price to have sex with two girls, aged 13 and 14. On Sept. 12, 2017, Lowe arrived at Anchorage motel, ready and willing to pay $150 for two hours of illegal sex with the two minors. When Lowe knocked on the motel room door, however, local and federal law enforcement officers arrested him.
The Federal Bureau of Investigation (FBI) and the Anchorage Police Department (APD) conducted the joint investigation leading to the successful prosecution of this case. This case was prosecuted by Assistant U.S. Attorney Jonas M. Walker.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices nationwide and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.