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24 August 2018
Jacksonville Man Pleads Guilty to Receiving Child Sex Abuse Videos and Images over the InternetRead the Press Release
Jacksonville, Florida – Christopher Michael Picher (26, Jacksonville) has pleaded guilty to receiving over the internet videos and images depicting child sexual abuse. He faces a mandatory minimum penalty of 5 years, and up to 20 years, in federal prison, and a potential life term of supervised release. A sentencing hearing has not yet been scheduled. Picher has been detained since his arrest on March 22, 2018.
According to court documents, in early 2018, agents with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and the FBI conducted an undercover child exploitation investigation and determined that an account with an online data storage company and an account with a popular online mobile messaging app were both being used to receive, distribute, and store child pornography. These accounts were traced to email addresses used by Picher and residences where Picher had lived in 2017 and 2018.
On March 22, 2018, law enforcement officers executed a search warrant at Picher’s last known residence in Jacksonville. Picher had moved out of this home the day before and had taken his smart phone with him. Further investigation revealed that Picher had relocated to a different residence in Jacksonville. Agents traveled to that residence, where they encountered Picher asleep on the couch. His smart phone was located and recovered.
During an interview, Picher stated that he had been using his smart phone for at least one year, that he had viewed child pornography using the particular mobile messaging app, and that he knew that pictures of child pornography could be posted within the group or that users could send private messages. Subsequent forensic analyses of Picher’s phone revealed that it contained at least 15 videos and at least 1,486 images of child pornography.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the FBI, the Jacksonville Sheriff’s Office, and the Clay County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case 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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Jackson County Resident Sentenced for Federal Firearm ViolationRead the Press Release
Anthony I. Hunter, a/k/a "Shug," 29, of Murphysboro, Illinois, was sentenced earlier this week to 84 months in federal prison for a firearm offense, United States Attorney for the Southern District of Illinois Steven D. Weinhoeft announced today. Hunter previously pled guilty to a one-count indictment charging unlawful possession of a firearm by a convicted felon.
Evidence at the plea and sentencing hearings established that, on October 4, 2017, officers from the Jackson County Sheriff’s Office and Murphysboro Police Department approached Hunter to place him under arrest for an active warrant. When the officers searched Hunter incident to arrest, they located a loaded Beretta 9mm pistol in his waistband. Because Hunter has a prior felony conviction, he is prohibited from possessing firearms. At sentencing, Hunter received sentencing enhancements because the firearm was stolen and because Hunter possessed firearms in connection with a drug distribution offense.
The investigation was conducted by the Jackson County Sheriff’s Office, Murphysboro Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The Jackson County States Attorney’s Office also assisted in the investigation.
Independence Man Pleads Guilty to Receipt of Child PornographyRead the Press Release
U.S. Attorney Duane A. Evans announced that ROY DAVID MELANCON, age 40, of Independence, Louisiana, pleaded guilty yesterday before United States District Judge Carl J. Barbier to a one-count Indictment charging him with receipt of images and videos depicting the sexual exploitation of children.
According to court documents, law enforcement officials executed a search warrant at MELANCON’S residence on February 20, 2018. During the execution of the search warrant, special agents with the Louisiana Bureau of Investigation seized electronic items including one cellular telephone and one Amazon Kindle Fire tablet that contained images and videos depicting the sexual victimization of children. A forensic examination of the devices revealed that MELANCON used them to search for, download, and save images and videos of child pornography. Some of the child victims depicted in the materials possessed by MELANCON were less than three (3) months old. Agents determined that MELANCON also sought and traded images and videos depicting the sexual victimization of children via a cell phone application. The forensic examination located not fewer than 1,000 images and 200 videos depicting the sexual victimization of children on MELANCON’S digital devices.
MELANCON faces a mandatory minimum of five years imprisonment and a maximum term of imprisonment of twenty (20) years, followed by up to a lifetime of supervised release, and a fine of up to $250,000. He can also be required to register as a sex offender. Sentencing before Judge Barbier has been scheduled for November 15, 2018.
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 United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
U.S. Attorney Evans praised the work of the Louisiana Bureau of Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg is in charge of prosecution.
Grant County Man Sentenced to 120 Months for Trafficking in MethamphetamineRead the Press Release
COVINGTON, Ky. – Ryan McNerney, 41, of Dry Ridge, Ky., was sentenced yesterday to 120 months in federal prison, by United States District Judge David L. Bunning, for conspiracy to distribute methamphetamine.
McNerney pled guilty, in May 2018, and admitted to distributing between 50 and 150 grams of methamphetamine, in May 2017. McNerney sold significant amounts of crystal methamphetamine to an informant, on four occasions that month, and he admitted to additional sales of the drug.
Under federal law, McNerney must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the United States Probation Office for five years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration; and Richard Sanders, Commissioner of the Kentucky State Police, jointly made the announcement. The investigation was conducted by the Drug Enforcement Administration and the Kentucky State Police. The United States was represented by Assistant United States Attorney Tony Bracke.
Goldsboro Man Sentenced to 34 Years for Hobbs Act Robbery, Possession of a Firearm in Futherance of a Crime of Violence, and Possession of a Firearm by a FelonRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court, Chief United States District Judge James C. Dever III sentenced WARREN L. BAKER, 32, of Goldsboro, North Carolina to 408 months of imprisonment followed by 5 years of supervised release.
BAKER was charged in an Indictment on May 24, 2017, with Hobbs Act robbery, possession of a firearm in furtherance of a violent crime, and possession of a firearm as a convicted felon. On March 12, 2018, BAKER pled guilty to the charges.
On February 7, 2017, at approximately 4:20 am, BAKER robbed the Starbucks at 1445 Walter Reed Road, Fayetteville, NC. BAKER brandished a firearm at two employees who were opening the front door for business. After ordering them inside and confronting another employee at gunpoint, BAKER took $1,597 from a safe along with a portfolio binder and Starbucks electronic cards. He dropped two .380 caliber rounds during the robbery. Before fleeing, BAKER forced the employees into a store restroom. A Fayetteville Police K-9 unit then tracked BAKER to the Extended Stay Hotel across the street. Officers observed BAKER leaving the hotel office entering a vehicle with a holstered firearm on his hip. After arresting BAKER, officers executed a search warrant on the vehicle and recovered a Glock, .380 caliber firearm, a backpack, and clothes matching those used during the robbery. The backpack contained money from the robbery. In a hotel trashcan, officers located the portfolio binder, containing BAKER’S fingerprints, and a Starbucks register drawer taken during the robbery. BAKER’s girlfriend, who was with him in the vehicle, possessed Starbucks electronic cards in her purse.
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 Fayetteville Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, conducted the criminal investigation of this case. Assistant United States Attorney James J. Kurosad handled the prosecution of this case for the government.
Former head of Cleveland’s demolition department charged with soliciting and accepting bribes from contractorsRead the Press Release
The former head of the City of Cleveland’s demolition department was charged in federal court with soliciting and accepting bribes from contractors in exchange for preferential treatment.
Rufus Taylor, 60, was charged in a criminal information with one count of bribery in a federally funded program and one count of extortion.
According to the criminal information filed in U.S. District Court:
Taylor was employed by the City of Cleveland as Chief of its Demolition Bureau. He was responsible for assigning “board-up” of vacant properties to contractors, emergency demolition jobs, and conducting inspections, which had to take place before a contractor could be paid, among other duties.
Taylor and a person identified in the charges as Contractor 1 met in November 2013 to discuss a demolition job on Parkwood Drive. The two agreed that Contractor 1 would pay Taylor $8,000 in cash in return for Taylor putting Contractor 1 on the bid list.
Contractor 1 was awarded the bid. Contractor 1 gave Taylor approximately $3,000 in cash on Dec. 4, 2013. Contractor 1 paid Taylor the additional $5,000 by November 2015.
Taylor notified Contractor 1 about an emergency demolition job on East 123rd Street and Coltman Road around October 2015. Taylor asked Contractor 1 for $12,000 in exchange for notifying Contractor 1 about the job.
Contractor 1 was awarded abatement work for the premises but never paid Taylor the $12,000.
Taylor provided bid numbers to Contractor 2 for a pending demolition job on Cedar Avenue around Aug. 20, 2015. Contractor 2 paid Taylor approximately $5,000 in cash in exchange for this information around Oct. 26, 2015.
On May 7, 2016, Taylor provided Contractor 2 the names of companies bidding on a demolition job on East 130th Street. On May 10, 2016 – the last day of the bid – Taylor called Contractor 2 and informed Contractor 2 of the then-current lowest bid on the project.
Contractor 2 gave Taylor approximately $500 in cash on May 25, 2016. Taylor contacted Contractor 2 on July 21, 2016 and said he needed some “stacks.” Contractor 2 gave Taylor approximately $300.
U.S. Attorney Justin Herdman said: “Public contracts should go to the most qualified bidder, not the best connected. We will remain vigilant and public employees who take bribes will be brought to justice.”
“Our citizens are entitled to decisions based on the best interests of the public, not the best interests of corrupt public officials and bribe-paying contractors,” FBI Special Agent in Charge Stephen D. Anthony said. “The FBI is committed to ensure that those that violate the public trust are held accountable.”
“The charges disclosed today prove our continuing resolve to root out fraud and corruption in all forms, especially when the programs involved should have been used to help our neediest families,” said Brad Geary, Special Agent in Charge, U.S. Department of Housing and Urban Development, Office of Inspector General. “It is our continuing core mission to work with our Federal law enforcement partners and the United States Attorney’s Office to protect the integrity of our housing programs and to take strong action against those who seek to personally benefit from taxpayer-funded grants.”
This case was investigated by the Federal Bureau of Investigation, the Department of Housing and Urban Development’s Office of Inspector General, and the Internal Revenue Service – Criminal Investigations.
It is being prosecuted by Assistant U.S. Attorney Chelsea S. Rice and Elliot Morrison.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
A charge is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.Former Church Employee Pleads Guilty to ArsonRead the Press Release
KANSAS CITY, Mo. – A former church maintenance worker pleaded guilty in federal court today to arson after setting a fire at Concord Cultural Center in Kansas City, Mo., and spray-painting racist graffiti on the front of the adjoining church, Concord Fortress of Hope, in an effort to cover up his burglary.
Nathaniel D. Nelson, 49, pleaded guilty before U.S. District Judge Beth Phillips to the charge contained in a Nov. 16, 2017, federal indictment.
Nelson was a member of the church who was employed as a maintenance worker at the church and cultural center, located at 11040 W. Longview Parkway, Kansas City, Mo. Firefighters were called by a church employee and responded to the cultural center on Sunday morning, Oct. 29, 2017. A fire had occurred in an office inside the building but a sprinkler had activated and extinguished the fire prior to the arrival of firefighters. Investigators concluded that an office chair and other ordinary combustible material had been intentionally ignited using an open flame.
According to the church’s insurance company, the fire, fire suppression efforts, and other damage resulted in payouts to date in excess of $330,000. Under the terms of today’s plea agreement, Nelson must pay restitution, which will be determined by the court at the sentencing hearing.
Investigators also discovered racist graffiti spray-painted on the front of the church. A racial slur, the letters “KKK” and a symbol similar to a swastika were visible from the main entrance into the parking lot as members of the congregation arrived at the church for Sunday morning services.
Nelson admitted he set the fire to conceal his breaking into the church offices and vending machines. Nelson also admitted he spray-painted the outside to further conceal his identity.
The digital video recorder for the video surveillance system that monitored the foyer area and the cultural center’s interior and exterior cameras was unplugged and no longer recording when examined by investigators. Investigators determined that the DVR system lost power sometime after 1 a.m. Sunday, Oct. 29, 2017, and had been intentionally unplugged.
A review of the DVR system revealed that Nelson was in the foyer area shortly before the DVR system was deactivated. A second DVR, which was still powered on, recorded the video surveillance footage for the interior and exterior cameras located inside and outside of the church, which were separate from the cameras located in the cultural center and foyer. The second DVR captured video footage of Nelson spray painting the front of the church. Nelson admitted he deactivated one DVR to hide his actions and identity. He did not know that video was being recorded on a separate system inside the church, which captured him spray-painting the outside of the building.
Under federal statutes, Nelson is subject to a mandatory minimum sentence of five years in federal prison without parole, up to a sentence of 20 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing is scheduled for Jan. 17, 2019.
This case is being prosecuted by Assistant U.S. Attorney Bruce Rhoades. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Kansas City, Mo., Police Department.
Fifth Defendant Arraigned in Takeover-Style Bank Robbery in Meriwether County, GeorgiaRead the Press Release
ATLANTA – D'Asis Sheffield, 20, of Greenville, Ga., the final defendant of a five-member armed robbery conspiracy, was arraigned yesterday before United States Magistrate Judge John K. Larkins III following Sheffield’s arrest on federal charges of armed bank robbery and brandishing a firearm during a crime of violence. Sheffield and his four co-defendants, Antavious Bray, 29, of Greenville, Ga., Derrick Scott, 26, of Manchester, Ga., Dontavius Prather, 22, of Greenville, Ga., and Shaneka Copeland, 35, of Manchester, Ga., were indicted by a federal grand jury on August 15, 2018.
“Sheffield attempted to evade capture after terrorizing innocent victims and endangering their lives during this armed robbery,” said U.S. Attorney Byung J. “BJay” Pak. “Fortunately, thanks to the assistance of the public and the hard work of law enforcement, Sheffield and his co-defendants will now have to answer for their crimes. This case demonstrates that all citizens play an important role in keeping our communities safe.”
According to United States Attorney Pak, the charges, and other information presented in court: Three of the defendants, Sheffield, Bray, and Scott, allegedly entered United Bank in Woodbury, Georgia, shortly after noon on June 28, 2018. The robbers had covered their faces to disguise their identities, and they were armed with two handguns and a semi-automatic rifle.
After entering the bank, the men ordered two bank employees to lie face down on the floor. Bray allegedly stood over them with the semi-automatic rifle, while Scott and Sheffield pointed handguns at a teller and demanded that she fill a backpack with money. The men then exited the bank through a back door, but thanks to the quick response of the City of Woodbury Police Department, their getaway driver, Prather, fled before he could pick up Sheffield, Bray, and Scott. At that point, the three robbers ran into the nearby woods on foot.
After hiding in a nearby house for several hours, Bray and Scott were captured by the FBI. Sheffield, the third robber, remained unidentified and at large until local news stations played a clip of him in the backyard of a residence without his face concealed by a mask. Several tipsters then identified Sheffield, who the FBI arrested shortly thereafter.
D'Asis Sheffield, Antavious Bray, Derrick Scott, and Dontavius Prather, were charged with armed bank robbery and brandishing a firearm during a crime of violence. Bray and Scott were additionally charged with possessing a firearm after having been convicted of a felony offense. Shaneka Copeland was charged with being an accessory after the robbery.
Members of the public are reminded that the indictment only contains charges. The defendants are presumed innocent of the charges, and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation.
Assistant United States Attorney Bret R. Hobson is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Federal Jury Convicts Colombian International Cocaine SmugglerRead the Press Release
Tampa, FL – A federal jury has found Carlos Arturo Cuerro Borja (51), a Colombian national, guilty of one count of conspiracy to distribute and to possess with the intent to distribute five kilograms or more of cocaine while onboard a vessel subject to the jurisdiction of the United States, and one count of possession with the intent to distribute five kilograms or more of cocaine on that vessel. Cuerro Borja faces a maximum penalty of life in federal prison. His sentencing hearing is scheduled for November 19, 2018.
According to evidence presented at trial, Cuerro Borja was part of an international maritime drug smuggling operation involving approximately 240 kilograms of cocaine bound for the United States. Cuerro Borja was the load guard for a Manta, Ecuador-based cocaine smuggling crew. While in international waters, hundreds of miles off the coast of Mexico, Cuerro Borja and his crew offloaded eight bales of cocaine to a Sinaloa, Mexico-based smuggling go-fast vessel. They then joined the Mexican crew for the run to Sinaloa, after scuttling their vessel in the Pacific Ocean.
On October 10, 2017, a U.S. Navy maritime patrol aircraft spotted the go-fast vessel speeding towards Mexico. The U.S. Coast Guard Cutter ASPEN and its crew launched two over-the-horizon boats to catch the go-fast smuggling vessel crewed by Cuerro Borja and his five co-conspirators. The ASPEN crew seized cartel cocaine smuggling equipment and approximately 102 kilograms of jettisoned cocaine.
This case was investigated by the Panama Express Strike Force, an Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the U.S. Coast Guard Investigative Service, the Drug Enforcement Administration, the FBI, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Naval Criminal Investigative Service, and U.S. Southern Command’s Joint Interagency Task Force South. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. The case was prosecuted by Assistant United States Attorney Thomas Palermo and Special Assistant United States Attorney Nicholas DeRenzo.
Fall River Man Ninth Charged in Investigations of Cocaine Shipments from Puerto RicoRead the Press Release
PROVIDENCE - A Fall River man who allegedly made repeated trips to Puerto Rico to obtain and ship significant quantities of cocaine to Rhode Island through the U.S. Postal Service has been indicted by a federal grand jury on drug trafficking charges.
A federal grand jury in Providence returned a two-count indictment on Thursday charging David J. Knight, 47, with conspiracy to possess with intent to deliver more than one kilogram of cocaine and possession with intent to distribute more than one kilogram of cocaine, announced United States Attorney Stephen G. Dambruch and Raymond D. Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service, Boston Division.
According to information presented to the Court during Knight’s arraignment today before U.S. District Court Magistrate Judge Patricia A. Sullivan, it is alleged that between June 1, 2016, and April 11, 2017, Knight, in coordination with others, made several trips to Puerto Rico for the purpose of purchasing kilograms of cocaine, that were then packaged and shipped through the U.S. Postal Service to various addresses in Rhode Island.
Knight is the ninth person charged in a series of ongoing investigations by U.S. Postal Inspection Service agents to identify and interrupt the delivery of packages of narcotics shipped through the U.S. mail to addresses in Rhode Island, to identify individuals responsible for making the shipments and to identify the intended recipients of the packages.
To date, U.S. Postal Inspection agents have documented more than 100 packages shipped from Puerto Rico to Rhode Island, which contained 300 grams or more of cocaine.
Knight was released on unsecured bond.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The case is being prosecuted by Assistant U.S. Attorney William J. Ferland.
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Ex-Teamsters Union Officials Sentenced to Prison for Embezzlement and FraudRead the Press Release
Scott D. Alexander, 56, and Nancy L. Alexander, 52, from Belleville, Illinois, have each been sentenced to a year in prison as a result of their convictions for embezzlement and theft from a labor union and wire fraud, the United States Attorney for the Southern District of Illinois, Steven D. Weinhoeft, announced today. Their sentences will be satisfied by six months in prison, to be followed by six months home incarceration with electronic monitoring and three years of supervised release.
From January 1, 2012, through June 30, 2016, Scott Alexander was the president / business agent of the Union Local 50 of the International Brotherhood of Teamsters. His wife, Nancy Alexander, was the Local’s office administrator. During that time, the Alexanders embezzled and converted Union funds by using the Union’s credit card to make personal purchases. They also manipulated their payroll withholdings in order to increase their net pay at the Local’s expense, received more vacation pay than earned, received salary while on vacation, and received additional auto allowance payments.
At their sentencing, the loss to the Teamsters Local 50 was determined to be $66,855.33. Some of the money was repaid prior to sentencing. As part of their sentence, the Alexanders were ordered to pay back $44,576.04 in restitution to the union.
The prosecution is the result of an investigation by the U.S. Department of Labor, Office of Labor Management Standards and the U.S. Department of Labor, Office of Labor Racketeering. The case was prosecuted by Assistant United States Attorney Norman R. Smith.
Escapee from Federal Confinement Sentenced to One More Year in PrisonRead the Press Release
ERIE, Pa. - A former inmate of the McKean Federal Correctional Institution in Bradford, Pennsylvania, has been sentenced in federal court to 12 months and 1 day on his conviction of escape from federal custody, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on Ghassan Saleh, 66. The sentence was imposed to run consecutively to the 70 month sentence Saleh was serving at the time of his escape.
According to information presented to the court, on June 30, 1997, Saleh escaped from F.C.I. McKean while he was serving a term of imprisonment imposed by the Eastern District of Michigan for his conviction of conspiracy to possess with intent to distribute cocaine and heroin. Saleh escaped from prison and then fled the United States for Lebanon where he remained as a fugitive.
Assistant United States Attorney Marshall J. Piccinini prosecuted this case on behalf of the government.
United States Attorney Brady commended the Officers of the McKean Federal Correctional Institution and the United States Marshal’s Service for the investigation leading to the successful prosecution of Saleh.
Erie Man Charged with Receiving and Possessing Child PornographyRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, has been indicted by a federal grand jury in Erie on charges of violating federal laws relating to the sexual exploitation of children, United States Attorney Scott W. Brady announced today.
The two-count indictment named Terry Chase White, 50, as the sole defendant.
According to the indictment presented to the court, White received and possessed computer images and movies depicting prepubescent minors engaging in sexually explicit conduct.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
The law provides for a maximum total sentence of 40 years in prison, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pennsylvania State Police conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Entertainment Industry Business Manager Convicted of Defrauding Celebrity Clients, Bankruptcy Fraud, Tax ChargesRead the Press Release
COLUMBUS, Ohio – A jury has convicted Kevin R. Foster, 42, of Montclair, N.J., of 16 charges related to a fraud scheme. He was found guilty of wire fraud, money laundering, bankruptcy fraud, tax evasion and filing false tax returns.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Richard E. Zuckerman, Principal Deputy Assistant Attorney General, Tax Division, Ryan L. Korner, Special Agent in Charge, Internal Revenue Service (IRS) Criminal Investigation, and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the verdict reached after a trial that began Monday before Chief U.S. District Judge Edmund A. Sargus, Jr.
This case stems from the prior prosecution of Thomas E. Jackson and Preston J. Harrison, who collected approximately $9 million from investors under false pretenses to start and market the sports beverage “OXYwater” through their company, Imperial Integrative Health Research and Development (“Imperial”). The two were convicted by a federal jury in March 2015 of multiple wire fraud, money laundering and tax fraud charges.
Foster, as the principal of his management/accounting firm, Foster & Firm, Inc., and as business manager for Shaffer Smith (“Ne-Yo”), induced Smith to invest $2 million into OXYwater under false representations. Unbeknownst to Smith, Foster invested an additional $1.5 million of Smith’s money into the product without his consent and fraudulently took out $1.4 million in lines of credit under Smith’s name by forging his signature.
Foster also defrauded a second celebrity client, Brian McKnight, as a way to secure money to help keep Imperial solvent.
Foster also stole millions of dollars from Smith and McKnight’s bank accounts in order to fund the operations of OXYwater as well as his own lavish lifestyle, including multiple luxury vehicles, a personal driver, designer watches, and season tickets to the New York Giants and New York Knicks.
Smith and McKnight agreed to invest in the company, not knowing that Foster was receiving a substantial commission based on their investments,that he served as an officer/controller of Imperial, and that he controlled an Imperial bank account.
In addition, Foster failed to report on his 2012 and 2013 tax returns the millions of dollars that he stole from Smith and McKnight. He also claimed millions of dollars in bogus deductions in order to further reduce his tax liability.
Foster was charged in an original, seven-count indictment in July 2016. A superseding indictment containing 10 counts was returned in November 2017. The final, second superseding indictment added six more charges in May 2018.
U.S. Attorney Glassman and Principal Deputy Assistant Attorney General Zuckerman commended the investigation of this case by the IRS Criminal Investigation and FBI, and Assistant United States Attorney Jessica H. Kim and Department of Justice Tax Division Trial Attorney Jason M. Scheff, who are prosecuting the case.
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Entertainment Industry Business Manager Convicted of Defrauding Celebrity Clients, Bankruptcy Fraud and Tax ChargesRead the Press Release
A federal jury in Columbus, Ohio has convicted Kevin R. Foster, 42, of Montclair, NJ, of 16 charges related to a fraud scheme. He was found guilty of wire fraud, money laundering, bankruptcy fraud, tax evasion and filing a false tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, U.S. Attorney Benjamin C. Glassman for the Southern District of Ohio, Special Agent in Charge Ryan L. Korner for the Internal Revenue Service (IRS) Criminal Investigation; and Special Agent in Charge Angela L. Byers for the Federal Bureau of Investigation (FBI), Cincinnati Division.
This case stems from the prior prosecution of Thomas E. Jackson and Preston J. Harrison, who, according to court documents, collected approximately $9 million from investors under false pretenses to start and market the sports beverage OXYwater through their company, Imperial Integrative Health Research and Development (Imperial). The two were convicted by a federal jury in March 2015 of multiple wire fraud, money laundering and tax fraud charges.
According to court documents and evidence presented at trial, Foster, as the principal of his management/accounting firm, Foster & Firm, Inc., and as business manager for Shaffer Smith, a/k/a Ne-Yo, induced Smith to invest $2 million into OXYwater under false representations. Unbeknownst to Smith, Foster invested an additional $1.5 million of Smith’s money into the product without his consent and fraudulently took out $1.4 million in lines of credit under Smith’s name by forging his signature.
Foster also defrauded a second celebrity client, Brian McKnight, as a way to secure money to help keep Imperial solvent.
Foster also stole millions of dollars from Smith and McKnight’s bank accounts in order to fund the operations of OXYwater as well as his own lavish lifestyle, including multiple luxury vehicles, a personal driver, designer watches, and season tickets to the New York Giants and New York Knicks.
Smith and McKnight agreed to invest in the company, not knowing that Foster was receiving a substantial commission based on their investments, that he served as an officer/controller of Imperial and that he controlled an Imperial bank account.
In addition, Foster failed to report on his 2012 and 2013 tax returns the millions of dollars that he stole from Smith and McKnight. He also claimed millions of dollars in bogus deductions in order to further reduce his tax liability.
Foster was charged in an original, seven-count indictment in July 2016. A superseding indictment containing 10 counts was returned in November 2017. The final, second superseding indictment added six more charges in May 2018.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Glassman commended the investigation of this case by the IRS Criminal Investigation and FBI, and thanked Assistant U.S. Attorney Jessica H. Kim and Department of Justice Tax Division Trial Attorney Jason M. Scheff, who are prosecuting the case.
Dubuque Man Sentenced to 20 Years’ Prison for Meth Trafficking and Money LaunderingRead the Press Release
A man who trafficked at least 50 pounds of methamphetamine in the Dubuque, Iowa, area was sentenced yesterday to 20 years in federal prison.
Derek Richard Rath, age 35, from Dubuque, received the prison term after an August 23, 2018, guilty plea to conspiracy to distribute methamphetamine near a school and conspiracy to commit money laundering.
Court documents and evidence presented at the sentencing hearing established that in June 2016, Rath obtained the phone number of codefendant Anthony Robert McCarron in Phoenix. Shortly after, Rath and McCarron agreed that Rath would pay McCarron to ship packages of ice methamphetamine to several addresses in Dubuque. McCarron mailed at least 50 pounds of methamphetamine to Rath between July 2016 to July 2017.
Rath paid for the methamphetamine by mailing packages of cash to McCarron. In all, Rath and McCarron mailed at least 56 packages, sometimes using aliases on the shipping labels. They also wired thousands of dollars to each other with MoneyGram, Western Union, and Walmart2Walmart.
Rath was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand to 240 months’ imprisonment. He must also serve a 10-year term of supervised release after the prison term. There is no parole in the federal system. Rath is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Drew O. Inman and investigated by the Dubuque Drug Task Force, the Iowa Division of Narcotics Enforcement, and the Federal Bureau of Investigation. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 17-CR-1042-LTS.
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District Man Sentenced to 10 Years in Prison for Home Invasion in Northwest WashingtonRead the Press Release
WASHINGTON – James Rousseau, 23, of Washington, D.C., was sentenced today to 10 years in prison for burglarizing a house in Northwest Washington and then riding off in the family’s car, announced U.S. Attorney Jessie K. Liu.
Rousseau was found guilty in January 2018 of charges of first-degree burglary, first-degree theft, and unauthorized use of an automobile. The verdict followed a trial in the Superior Court of the District of Columbia. Rousseau was sentenced by the Honorable Robert A. Salerno. Following his prison term, he will be placed on five years of supervised release.
According to the government’s evidence, on the evening of Oct. 10, 2016, Rousseau was stalking the 5100 block of 7th Street NW, looking for a house to burglarize. After going up and down the block, he located an unlocked rear deck door. He entered this house, which was occupied only by a teenager and three small sleeping children. The teenager was getting ready for bed and showering in the basement bathroom. She heard footsteps upstairs, but mistakenly believed that it was the rest of the family returning to the house.
Only later, when the teenager heard Rousseau peel off in the family’s MINI Cooper sedan, did she realize that a burglar had been inside. Officers with the Metropolitan Police Department (MPD) quickly responded to the scene and canvassed the neighborhood. An exterior fingerprint at the home helped lead to Rousseau’s identification. In addition, MPD was able to recover surveillance footage from security cameras belonging to neighbors on the block. The surveillance footage showed the same person, and the footage from the driveway showed that person driving off with the car. Rousseau was arrested 10 days after the crime. Pursuant to a search warrant, law enforcement recovered a cellphone from Rousseau’s house that included a picture of the defendant wearing the same outfit shown in the surveillance footage.
At the time of this offense, Rousseau was on probation for a prior burglary offense.
In announcing the sentence, U.S. Attorney Liu commended the work of those who investigated the case from the Metropolitan Police Department. She also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences. She acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Monica Trigoso, Stephen Rickard, Veronica Sanchez, and Denise Cheung; Paralegal Specialists Donice Adams and Crystal Waddy; Litigation Technology Specialist Anisha Bhatia, and Criminal Investigator John Marsh.
Finally, she commended the work of Assistant U.S. Attorney Sonali D. Patel, who secured the indictment in the case, and Assistant U.S. Attorney Louis Manzo, who investigated and prosecuted the case.
Detroit Man Pleads Guilty to Federal Drug Trafficking and Gun CrimesRead the Press Release
CHARLESTON, W.Va. – A Detroit man pled guilty yesterday to federal drug trafficking and gun crimes, announced United States Attorney Mike Stuart. Kyle Keith Russell, 22, pled guilty to possession with intent to distribute 5 grams or more of methamphetamine and possession of a firearm in furtherance of drug trafficking. Stuart praised the investigation conducted by the Metropolitan Drug Enforcement Network Team (MDENT).
“Gun-toting drug dealers shouldn’t be anywhere near a college campus,” said United States Attorney Mike Stuart. “Nothing keeps me up at night but our efforts should be keeping drug dealers up at night wondering when, not if, we’ll show up at their door to introduce or, too often, reintroduce them to the criminal justice system. I can assure you that our drug task forces, campus police, and federal, state and local law enforcement agencies are working every day with my team of prosecutors to put drug dealers behind bars and keep our schools and communities safe.”
On August 30, 2017, an agent with MDENT arranged to meet Russell’s co-defendant, Baylee Gibson, of Charleston, and purchase two ounces of methamphetamine. The agent had spoken to Gibson on the telephone and had arranged the price and quantity.. Gibson told the agent to meet her at a parking lot just off the campus of West Virginia State University. Gibson met the agent, retrieved the buy money, and met Russell on the WVSU campus. This was the site of previous methamphetamine sales by Gibson with Russell as her source of supply. Agents then executed a search warrant on a house Russell was using to store drugs near the campus. They seized an additional 2 ounces of methamphetamine. Russell was arrested and found to have a loaded 9 mm handgun in a backpack, along with over $3700 in cash, some of which was used in the undercover buy earlier that day.
United States District Court Judge John T. Copenhaver presided over the plea hearing. Assistant United States Attorney R. Gregory McVey handled the prosecution.
Gibson previously pled guilty and is pending sentence. Russell faces a minimum mandatory sentence of 5 to 40 years imprisonment on the drug charge and a 5 year consecutive sentence on the firearm charge.
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Des Moines Man Sentenced to Prison for Firearms OffenseRead the Press Release
Roman Deon Hellems, Jr. sentenced to 96 months for felon in possession of a firearm
DES MOINES, Iowa – On August 24, 2018, Roman Deon Hellems, Jr., age 23, of Des Moines, appeared before United States District Court Judge Stephanie M. Rose and was sentenced to 96 months in prison for a felon in possession of a firearm charge announced United States Attorney Marc Krickbaum. Hellems was ordered to serve three years of supervised release to follow his prison term.
According to the government’s sentencing memorandum, Hellems, a prior drug felon, was out of custody, on bond, for multiple counts of weapons possession, burglary, and criminal gang participation when members of the Des Moines Police Department encountered him during an October 7, 2017, traffic stop. Hellems was found in possession of a loaded and stolen Glock 26 9mm handgun. When law enforcement attempted to arrest Hellems, he fought the officers. Ultimately, it took three officers, two Taser deployments, and pepper spray to detain him. During the struggle with Hellems, the magazine to an officer’s firearm was dislodged and was later found where Hellems had assaulted him.
When pronouncing judgment, the District Court commended the Des Moines Police Officers for their professionalism and the restraint the officers demonstrated in safely arresting Hellems, despite his efforts to assault them. “The Des Moines Police Department and Federal Bureau of Investigation have been great partners in addressing violent crime in the Southern District of Iowa,” stated United States Attorney Krickbaum. “The Defendant and other felons who carry guns should understand: if you illegally possess a gun on the streets of Des Moines you will face real consequences and real punishment, including significant prison time.”
This investigation was conducted by the Des Moines Police Department and the Federal Bureau of Investigation. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as 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.
Cranston Man Held on State Kidnapping, Domestic Violence Charges Charged in Federal Court with Possession and Distribution of Child PornographyRead the Press Release
PROVIDENCE - A Cranston man charged and ordered held without bail on Rhode Island state kidnapping, indecent exposure, and domestic disorderly conduct charges made an initial appearance in federal court in Providence on Wednesday on a federal criminal complaint charging him with possession and distribution of child pornography.
Robert E. Soares, 38, was arrested and charged by Cranston Police on May 27, 2018, after he allegedly forcibly confined and kidnapped his girlfriend, exposed himself to others, and engaged in fighting and violent behavior. Cranston police were called to the woman’s residence when Soares allegedly refused to allow the woman to leave the apartment.
According to court documents, on May 30, 2018, Soares’ girlfriend contacted Cranston Police to report that she had received a call from an individual unknown to her who alleged to her that he was concerned about some photographs he allegedly received from Soares during the weeks leading up to Soares’ arrest. The individual described the photographs as “disgusting,” and said that they appeared to depict a nude young female.
A subsequent investigation by Cranston Police determined that in the weeks leading up to his arrest, Soares allegedly persuaded a 14-year-old girl to allow him to take several photographs and a video of her dressed only in her underwear. Additionally, a court-authorized search of Soares’ cell phone resulted in the discovery of a series of messages sent and received by Soares allegedly discussing photographs depicting child pornography that had been sent and received.
Soares initial appearance in federal court on a criminal complaint charging him with possessing child pornography and distribution of child pornography is announced by United States Attorney Stephen G. Dambruch, Cranston Police Chief Colonel Michael J. Winquist, and Homeland Security Investigations Special Agent in Charge Peter C. Fitzhugh.
A criminal complaint is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The case is being prosecuted by Assistant United States Attorney Denise M. Barton.
The matter was investigated by the Cranston Police Department, with the assistance of members of the Homeland Security Investigations Task Force and Warwick Police Department.
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Couple Charged with Crimes Committed in Vacaville, Rancho Cordova, Folsom, and RocklinRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a 17-count indictment Thursday against Cody Patrick Cannon, 30, and Candice Nicole Freitas, 31, both transients, charging them with a scheme involving mail theft, aggravated identity theft, bank fraud, and possessing stolen credit and debit cards and stolen driver’s licenses and passports, U.S. Attorney McGregor W. Scott announced.
According to the indictment, between January 2018 and August 2018, Cannon and Freitas engaged in a scheme in which they used counterfeit U.S. Postal Service keys to open apartment complex mailboxes in Vacaville and steal mail. They then harvested personally identifiable information, financial information, and credit and debit cards. They defrauded banks by using the stolen cards to purchase goods and withdraw cash from ATMs in Vacaville, Folsom, Rocklin and Rancho Cordova.
According to court documents, on August 2, 2018, Cannon and Freitas were arrested at their RV parked in a hotel parking lot in Rancho Cordova. They were found to be in possession of stolen mail, checks, multiple stolen and fake California driver’s licenses, at least two passports bearing the names of others, and at least seven counterfeit U.S. Postal Service mail keys.
This case is the product of an investigation by the United States Postal Inspection Service, Sacramento Sheriff’s Department, Folsom Police Department, and Vacaville Police Department. Special Assistant U.S. Attorney Robert J. Artuz is prosecuting the case.
If convicted of bank fraud, Cannon and Freitas face a maximum statutory penalty of 30 years in prison and a $1 million fine. If convicted of aggravated identity theft, they face a mandatory sentence of two years in prison consecutive to any other sentence imposed. The maximum sentence for possession of stolen mail is five years in prison and a $250,000 fine. The maximum sentence for possession of USPS keys and possession of unauthorized access devises is 10 years in prison and a $25,000 fine. The maximum sentence for unlawful possession of identification documents is 15 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Correctional Officer Pleads Guilty to Conspiring to Take Bribes to Smuggle Contraband into the Metropolitan Correctional CenterRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today the guilty plea of VICTOR CASADO to his role in a scheme to smuggle contraband into the Metropolitan Correctional Center (“MCC”), a Manhattan detention facility that houses federal inmates, in exchange for cash bribes. CASADO, a former federal correctional officer, pled guilty to one count of conspiracy to commit bribery and to introduce contraband into prison before U.S. District Judge Richard J. Sullivan.
U.S. Attorney Geoffrey S. Berman said: “As a correctional officer, Victor Casado’s duty was to ensure the security of the Metropolitan Correctional Center and the safety of inmates in his care. Instead of honoring that duty, he betrayed it, taking bribes to smuggle contraband into a jail that houses federal inmates. This Office will continue to stop the corruption of our criminal justice system by those entrusted with supervising incarcerated individuals and keeping them safe.”
According to the Information and Complaint filed in this case, other public filings, and statements made during the plea proceeding:
CASADO was employed as a correctional officer at the MCC from 2012 until his resignation in July 2018.
On multiple occasions in 2016 and 2017, CASADO smuggled cellphones, alcohol, over-the-counter medications, and food into the MCC in exchange for bribe payments from inmates. These bribes were funneled to CASADO by non-incarcerated relatives or associates of the inmates, either in cash or by wire transfer. For example, on multiple occasions, CASADO received bribes from an inmate (“Inmate-1”), transferred by one of Inmate-1’s attorneys, totaling more than $25,000, in exchange for smuggling alcohol and cellphones, among other contraband, into the MCC for Inmate-1. Additionally, CASADO also requested and received thousands of dollars in payments from another inmate (“Inmate-5”), which were delivered to CASADO by Inmate-5’s relatives and a paralegal who represented him. Inmate-5 paid CASADO at CASADO’s insistence, ostensibly to fund travel by CASADO to the Dominican Republic.
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CASADO, 35, of the Bronx, New York, pled guilty to one count of conspiracy to commit bribery and to introduce contraband into prison. The charge carries a maximum term of five years in prison. CASADO is scheduled to be sentenced by Judge Sullivan on January 11, 2019. The maximum potential penalty is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the investigative work of the Federal Bureau of Investigation and the Department of Justice, Office of Inspector General.
This case is being handled by the Office’s Public Corruption Unit. Assistant U.S. Attorneys Jessica Lonergan and Nicolas Roos are in charge of the prosecution.
Connecticut Woman Pleads Guilty to Drug TraffickingRead the Press Release
CONCORD – United States Attorney Scott W. Murray announced that Brandy Rickaby, 34, of Danielson, Connecticut, pleaded guilty to drug trafficking.
According to court documents and statements made in court, on November 23, 2016, the defendant’s vehicle was stopped by a New Hampshire State Trooper on I-95 for traffic violations. Based on suspicious actions by Rickaby and a male passenger, the Trooper suspected the vehicle contained drugs. A dog conducted an exterior search of the vehicle and alerted to an area near the driver’s side window. Based on his suspicions and the dog’s alert, the trooper impounded the vehicle and applied for a search warrant, which was granted. Inside Rickaby’s purse, the Trooper located two bags of drugs. One bag contained 302.4 grams of a mixture of cocaine, fentanyl and heroin. The second bag contained 33.2 grams of cocaine.
Rickaby, who pleaded guilty to possessing controlled substances with intent to distribute, will be sentenced on November 29, 2018.
“The U.S. Attorney’s Office and our law enforcement partners will aggressively investigate and prosecute those who bring illegal drugs into New Hampshire,” said U.S. Attorney Murray. “The interstate transportation of Fentanyl has brought with it overdose deaths on an unprecedented scale. Accordingly, we will continue to enhance our efforts to bring those responsible to justice.”
The case was investigated by the Drug Enforcement Administration and the New Hampshire State Police.
The case is being prosecuted by Assistant United States Attorney Debra M. Walsh.
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Chicago Financial Advisor Guilty of Fraud for Swindling Investors and Family out of More Than $2 MillionRead the Press Release
CHICAGO — A Chicago financial advisor who told clients that a “fat finger” trading error caused major losses to their investments admitted in federal court today that he actually lost all of their funds through poor trading.
VISHAL SAVLA, 37, of Chicago, pleaded guilty to one count of wire fraud. Savla operated VCAP LLC, a Chicago investment fund that purported to trade in equities, options and futures contracts.
The guilty plea was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation. The government is represented by Assistant U.S. Attorney Sunil Harjani.
Savla admitted in a plea agreement that from 2014 to earlier this year, he raised approximately $2.3 million from investors on the promise of substantial returns. VCAP was largely unsuccessful during that time, losing approximately 96% in 2014 and more than 99% in the first eleven months of 2016. Savla continued to solicit and accept investments, and he sent clients phony account statements that fraudulently showed large profits instead of heavy losses, the plea agreement states. At one point in December 2016, according to the plea agreement, Savla falsely represented to clients that he accidentally committed a “fat finger trade” – an error when entering a trade online – that caused VCAP to decline by approximately 90% in a single day. Savla admitted in the plea agreement that there was no such error, and that trading losses had caused the decline.
In addition to the losses incurred by investors, Savla’s plea agreement acknowledges that he borrowed funds from family and friends to help repay VCAP investors. One family member, after being told by Savla about the purported “fat finger” mistake, loaned Savla $500,000, the plea agreement states. Savla used this money to partially repay some of the VCAP investors.
Savla also admitted in his plea agreement that he spent approximately $260,000 of investor funds for his own personal benefit, including living expenses. VCAP did not have any cumulative trading profits that allowed for these withdrawals.
Wire fraud is punishable by up to 20 years in prison. U.S. District Judge Charles R. Norgle set sentencing for Jan. 9, 2019, at 10:00 a.m.
Charlotte Jeweler Sentenced for Wire FraudRead the Press Release
CHARLOTTE, N.C. – Benjamin Abraham, 60, of Charlotte, was sentenced today by U.S. District Judge Robert J. Conrad, Jr. to 41 months in prison in connection with a $3.5 million investment scheme involving jewelry, precious metals and gemstones, announced the U.S. Attorney’s Office for the Western District of North Carolina. Abraham was also ordered to serve two years of supervised release and to pay $2,034,537 in restitution.
John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation, Charlotte Office and David M. McGinnis, Inspector in Charge of the Charlotte Division of the U.S. Postal Inspection Service (USPIS) join the U.S. Attorney’s Office in making today’s announcement.
According to filed court documents and today’s sentencing hearing, Abraham, a well-known Charlotte-area jeweler, operated a number of businesses engaged in the wholesale and retail sale of diamonds, precious metals and jewelry, including Benjamin Diamonds, LLC, Benjamin Jewelers, LLC, Global Trading LLC, G&I USA, LLC and other related entities. From at least December 2012 through May 2017, Abraham executed a financial fraud scheme involving investments in jewelry, precious metals and gemstones, among other things, and induced at least seven victim-investors to invest over $3.5 million, resulting in losses of more than $2 million.
To induce his victims to fund the investment scheme, filed court documents show that Abraham made a number of fraudulent representations, including that the victims’ money would be used for short-term investments in gold or other precious metals, to invest in diamonds and jewelry obtained from estates, and to buy other large diamonds which would be sold for profit. Abraham also lied to investors about his past successes and profits from engaging in such investments, misrepresented the security of the investments and made false representations about the rate of return and the duration of the investments. At times, Abraham also falsely represented that he had unique access to estate sales due to his connections and that he would be also be investing his own money.
Court records show that when victims asked about the status of their investments, Abraham gave numerous false explanations, and, at times, provided victims with checks from accounts that Abraham knew did not have sufficient funds to cover the checks and continued to lie when he was confronted about the dishonored checks.
According to court records, rather than invest the victims’ money as promised, Abraham used it to fund his lifestyle, to keep his struggling businesses afloat, to pay pre-existing debts, and to make Ponzi-style payments to other victim-investors.
In sentencing Abraham today, Judge Conrad emphasized the seriousness of Abraham’s crimes, the fact that Abraham continued to defraud victims after he was approached by federal law enforcement agents, and the need to specifically deter Abraham from future criminal conduct. Judge Conrad also cited the need provide general deterrence to those, like Abraham, who would engage in difficult to detect financial frauds.
The FBI and USPIS led the investigation. Assistant United States Attorneys Dallas Kaplan and Daniel Ryan, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
California Man Pleads Guilty to Drug Traffciking Charge Involving over 200 lbs. of CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Armando Ernesto Abarca, 22, of Modesto, California, pleaded guilty, before U.S. District Judge Elizabeth A. Wolford, to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between September 2014, and September 2016, the defendant conspired with others to possess and distribute cocaine. Specifically, the defendant utilized a storage unit in Amherst, NY to store 43 kilograms of cocaine. The defendant also distributed approximately 50 kilograms of cocaine in Columbus, OH during the course of this conspiracy.
The charges against co-defendant Raul Everado Ledesma Abarca remain pending. 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.
The plea is the result of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; Immigration and Custom Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office. Additional assistance was provided by ICE-HSI in Los Angeles, California.
Sentencing is scheduled for December 12, 2018, at 11:00 a.m. before Judge Wolford.
CEO and CFO of Utah Biodiesel Company and California Businessman Charged in $500 Million Fuel Tax Credit SchemeRead the Press Release
A federal grand jury sitting in the District of Utah has returned an indictment, which was unsealed today, charging the CEO and CFO of Washakie Renewable Energy (WRE), a Utah-based biodiesel company, and a California businessman with laundering proceeds of a mail fraud scheme, which obtained over $511 million in renewable fuel tax credits from the Internal Revenue Service (IRS), announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, U.S. Attorney John W. Huber for the District of Utah, Don Fort, Chief of IRS Criminal Investigation and Jessica Taylor, Director of Environmental Protection Agency Criminal Investigation Division.
According to the indictment, Jacob Kingston was Chief Executive Officer and Isaiah Kingston was Chief Financial Officer of WRE and each held a 50% ownership interest in the company. WRE has described itself as the “largest producer of biodiesel and chemicals in the intermountain west.”
Jacob Kingston, Isaiah Kingston, and Lev Aslan Dermen (aka Levon Termendzhyan), owner of California-based fuel company NOIL Energy Group, allegedly schemed to file false claims for renewable fuel tax credits, which caused the IRS to issue over $511 million to WRE. Jacob Kingston is separately charged with filing nine false claims for refund on behalf of WRE in 2013.
The IRS administered tax credits designed to increase the amount of renewable fuel used and produced in the United States. These tax credits were paid by the IRS regardless of whether the taxpayer owed other taxes.
From 2010 through 2016, as part of their fraud to obtain the fuel tax credits, the defendants allegedly created false production records and other paperwork routinely created in qualifying renewable fuel transactions along with other false documents. To make it falsely appear that qualifying fuel transactions were occurring, the defendants rotated products through places in the United States and through at least one foreign country. The defendants also allegedly used “burner phones” and other covert means to communicate during the scheme.
The indictment further charges that the defendants laundered part of the scheme proceeds through a series of financial transactions related to the purchase of a $3 million personal residence for Jacob Kingston. Jacob and Isaiah Kingston are separately alleged to have laundered approximately $1.72 million in scheme proceeds to purchase a 2010 Bugatti Veyron. Jacob Kingston and Lev Aslan Dermen are separately charged with money laundering related to an $11.2 million loan funded by scheme proceeds.
If convicted, the defendants each face a maximum of 10 years in prison for each money laundering count and Jacob Kingston faces a maximum of 3 years in prison for each false tax return count. They also face a period of supervised release, monetary penalties, and restitution.
An indictment is an accusation. The defendants are presumed innocent until proven guilty.
Principal Deputy Assistant Attorney General Richard E. Zuckerman and U.S. Attorney John W. Huber for the District of Utah thanked special agents of IRS-CI, EPA-CID, and the Defense Criminal Investigative Service, who investigated the case, and Trial Attorneys Richard M. Rolwing, Leslie A. Goemaat, Arthur J. Ewenczyk, and Senior Litigation Counsel John E. Sullivan of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
CEO and CFO of Utah Biodiesel Company and California Businessman Charged in $500 Million Fuel Tax Credit SchemeRead the Press Release
SALT LAKE CITY – A federal grand jury sitting in the District of Utah has returned an indictment, which was unsealed today, charging the CEO and CFO of Washakie Renewable Energy (WRE), a Utah-based biodiesel company, and a California businessman with laundering proceeds of a mail fraud scheme, which obtained over $511 million in renewable fuel tax credits from the Internal Revenue Service (IRS), announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, U.S. Attorney John W. Huber for the District of Utah, Don Fort, Chief of IRS Criminal Investigation and Jessica Taylor, Director of Environmental Protection Agency Criminal Investigation Division.
According to the indictment, Jacob Kingston was Chief Executive Officer and Isaiah Kingston was Chief Financial Officer of WRE and each held a 50% ownership interest in the company. WRE has described itself as the “largest producer of biodiesel and chemicals in the intermountain west.”
Jacob Kingston, Isaiah Kingston, and Lev Aslan Dermen (aka Levon Termendzhyan), owner of California-based fuel company NOIL Energy Group, allegedly schemed to file false claims for renewable fuel tax credits, which caused the IRS to issue over $511 million to WRE. Jacob Kingston is separately charged with filing nine false claims for refund on behalf of WRE in 2013.
The IRS administered tax credits designed to increase the amount of renewable fuel used and produced in the United States. These tax credits were paid by the IRS regardless of whether the taxpayer owed other taxes.
From 2010 through 2016, as part of their fraud to obtain the fuel tax credits, the defendants allegedly created false production records and other paperwork routinely created in qualifying renewable fuel transactions along with other false documents. To make it falsely appear that qualifying fuel transactions were occurring, the defendants rotated products through places in the United States and through at least one foreign country. The defendants also allegedly used “burner phones” and other covert means to communicate during the scheme.
The indictment further charges that the defendants laundered part of the scheme proceeds through a series of financial transactions related to the purchase of a $3 million personal residence for Jacob Kingston. Jacob and Isaiah Kingston are separately alleged to have laundered approximately $1.72 million in scheme proceeds to purchase a 2010 Bugatti Veyron. Jacob Kingston and Lev Aslan Dermen are separately charged with money laundering related to an $11.2 million loan funded by scheme proceeds.
If convicted, the defendants each face a maximum of 10 years in prison for each money laundering count and Jacob Kingston faces a maximum of 3 years in prison for each false tax return count. They also face a period of supervised release, monetary penalties, and restitution.
An indictment is an accusation. The defendants are presumed innocent until proven guilty.Principal Deputy Assistant Attorney General Richard E. Zuckerman and U.S. Attorney John W. Huber for the District of Utah thanked special agents of IRS-CI, EPA-CID, and the Defense Criminal Investigative Service, who investigated the case, and Trial Attorneys Richard M. Rolwing, Leslie A. Goemaat, Arthur J. Ewenczyk, and Senior Litigation Counsel John E. Sullivan of the Tax Division, who are prosecuting the case.
Brooklyn, New York, Man Charged with Distributing Synthetic Drugs, Fentanyl, and Oxycodone over the InternetRead the Press Release
CAMDEN, N.J. – A New York man is scheduled to appear in court today on charges of selling dangerous designer drugs, fentanyl, and oxycodone over the Internet, U.S. Attorney Craig Carpenito announced.
Shadab Chowdhury, 26, of Brooklyn, New York, is charged by complaint with eight counts of distributing and possessing with intent to distribute synthetic cannabinoids; one count of distributing and possessing with intent to distribute fentanyl; and one count of distributing and possessing with intent to distribute oxycodone. He was arrested Aug. 20, 2018, and appeared in Brooklyn federal court. He is scheduled to appear today before U.S. Magistrate Judge Joel Schneider in Camden federal court.
According to documents filed in this case and statements made in court:
Chowdhury allegedly distributed synthetic cannabinoids, fentanyl, and oxycodone over two years by communicating with customers over three Internet websites, two email accounts, and text messages. His customers included undercover law enforcement officers located in New Jersey, New York, Kansas, North Carolina, South Dakota, West Virginia, Georgia, Ohio, Alaska, California, and Virginia.
Chowdhury allegedly arranged and coordinated shipments of synthetic cannabinoids, which he termed “fire” or “spice,” as well as shipments of fentanyl and oxycodone. He also prepared the drugs to make them more potent and negotiated pricing on the drugs. To avoid law enforcement, Chowdhury deliberately misbranded the synthetic cannabinoids and referred to the oxycodone and fentanyl in code. He received payments for his drug shipments via credit card payments, Western Union, direct bank deposit, and cryptocurrency.
Each of the 10 charges in the complaint carries a maximum potential penalty of 20 years in prison and a $1 million fine.
U.S. Attorney Craig Carpenito credited special agents with the Drug Enforcement Administration’s Tactical Diversion Squad in the Camden Resident Office, under the direction of Special Agent in Charge Valerie A. Nickerson, with the investigation leading to today’s arrest.
The charges and allegations in the complaint are merely accusations, and Chowdhury is considered innocent unless and until proven guilty.
The government is represented by Assistant United States Attorney Sara A. Aliabadi of the U.S. Attorney’s Office Criminal Division in Camden.Defense counsel: Christopher O’Malley Esq., Assistant Federal Public Defender, Camden
Braxton County woman admits to drug chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Rebecca Ann Shaver, of Sutton, West Virginia, has admitted to a drug charge, United States Attorney Bill Powell announced.
Shaver, age 38, pled guilty to one count of “Attempted Possession with Intent to Distribute Methamphetamine.” Shaver admitted to attempting to possess methamphetamine in July 2017 in Braxton County.
Shaver faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Andrew R. Cogar is prosecuting the case on behalf of the government. The Drug Enforcement Administration, The U.S. Postal Inspection Service, the Mon Metro Drug & Violent Crimes Task Force, a HIDTA-funded initiative, and the West Virginia State Police investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Binghamton Man Sentenced for Child Pornography OffensesRead the Press Release
BINGHAMTON, NEW YORK –Roland Kyzer, Jr., age 49, of Binghamton, was sentenced to serve a total of 32 years in federal prison following his conviction for child pornography offenses, announced United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Kyzer, a registered sex offender, was serving a term of supervised release for an earlier federal child pornography conviction when U.S. Probation Officers found that he was continuing to download and collect sexually explicit images of children from the Internet. In February 2018, Kyzer was tried before a jury in federal court in Binghamton, and convicted of receiving and possessing child pornography during the entire period of time he was on supervision.
Hon. Thomas J. McAvoy sentenced Kyzer to 27 years imprisonment on the new offenses of receipt and possession of child pornography, with a consecutive sentence of 5 years for violating his conditions of supervised release. Upon release from this term of imprisonment, Kyzer will be under supervision for 20 years, and will continue to be required to register as a sex offender.
This case was investigated by the FBI and the United States Probation Office for the Northern District of New York, and was prosecuted by Assistant U.S. Attorneys Miroslav Lovric and Lisa Fletcher.
August Grand JuryRead the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 40 indictments charging 40 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Antonio Aguilar Escobar a/k/a Tony Aguilar, age 45, is charged with illegal reentry after deportation on or about July 25, 2018 following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* David Bichama-Garcia, age 43, is charged with illegal reentry after deportation following a felony conviction on or about July 31, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Jose Naveli Bonilla-Manuelas, age 26, is charged with illegal reentry after deportation on or about July 25, 2018. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Aaron Jason Burkholder, age 42, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about April 5, 2018. The maximum possible penalty if convicted is NLT 20 years NMT Life imprisonment, NMT $20,000,000 fine, NLT 10 year term of supervised release, and a $100 special assessment.
* Roberto Cadena, age 67, of San Bernardino, California, is charged with possession with intent to distribute 500 grams or more of methamphetamine on or about July 25, 2018. The maximum possible penalty if convicted is NLT 10 years NMT Life imprisonment, NMT $10,000,000 fine, NLT 5 year term of supervised release, and a $100 special assessment.
* Ismael Cardoza Amaya, age 33, is charged with illegal reentry after deportation following a felony conviction on or about July 16, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Demetrio Chilel Lopez a/k/a Heiner Lopez Bartolon, age 26, is charged with illegal reentry after deportation following a felony conviction on or about July 12, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Miguel Chipuiai-Juarez a/k/a Angel Davila-Ramirez, age 56, is charged with illegal reentry after deportation on or about August 8, 2018. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Omar Fernando Contreras Figueroa, age 31, is charged with illegal reentry after deportation following a felony conviction on or about June 8, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Sean C. Cortez, age 36, of Omaha, is charged in a three Count Indictment. Count I charges the defendant with bank robbery taking $851.00 from First National Bank on or about July 14, 2018. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II charges the defendant with bank robbery taking $444.00 from U.S. Bank on or about July 13, 2018. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count III charges the defendant with Hobbs Act robbery taking US currency by force from an employee at Phillips 66 Select Mart on or about July 8, 2018. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Arturo Cortes Rojas, age 29, is charged with illegal reentry after deportation on or about July 11, 2018. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Phillip Marlowe Donovan, age 32, is charged in a three-count Indictment. Count I charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine on or about July 11, 2018. The maximum possible penalty if convicted is NMT 10 years-NMT Life imprisonment, NMT $10,000,000 fine, NLT 5 year term of supervised release, and a $100 special assessment. Count II charges the defendant with felon in possession of a firearm on or about July 11, 2018. The maximum possible penalty if convicted is NMT 10 years imprisonment, NMT $250,000 fine, NMT a 3 year term of supervised release and $100 special assessment. Count III charges the defendant with commission of a felony while on release on or about July 11, 2018. The maximum possible penalty if convicted is NMT 10 years imprisonment, NMT $250,000 fine, NMT a 3 year term of supervised release and $100 special assessment.
* Jose Ramiro Echeverria Montoya, age 29, is charged with illegal reentry after deportation on or about July 23, 2018. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Miguel Espericueta-Vega, age 56, is charged with illegal reentry after deportation on or about August 8, 2018. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Gilberto Felix-Aguirre, age 51, is charged with illegal reentry after deportation following a felony conviction on or about August 7, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Tony C. Flowers, Sr., age 52, of Omaha, is charged with felon in possession of a firearm on or about June 4, 2018. The maximum possible penalty if convicted is NMT 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Antonio Gallardo-Mayo, age 21, is charged with illegal reentry after deportation on or about August 8, 2018. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Juan Garcia Martinez a/k/a Mark Anthony Garcia, age 50, is charged with illegal reentry after deportation on or about June 3, 2018 following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Walter Garcia Reynoso, age 46, is charged in a two-count Indictment. Count I charges the defendant with illegal reentry after deportation following a felony conviction on or about July 26, 2018. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II charges the defendant with failure to register as a sex offender on or about July 26, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 5 year term of supervised release, and a $100 special assessment.
* Zenon Garcia-Reyes, age 31, is charged with illegal reentry after deportation on or about July 19, 2018. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Robert Harry Goodman, Jr., age 65, of Arcata, California is charged with interstate trafficking in aid of racketeering between on or about May 6, 2018, and on or about May 9, 2018. The maximum possible penalty if convicted is NMT 5 years imprisonment, NMT $250,000 fine, NMT 3 year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about May 9, 2018.
* Christopher Harper, age 43, is charged in a three-count Indictment. Count I of the Indictment charges the defendant with possession with intent to distribute 5 grams or more of methamphetamine (actual) on or about June 22, 2018. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, 4 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges the defendant with felon in possession of a firearm on or about June 22, 2018. The maximum possible penalty if convicted is 10 years imprisonment, $250,000 fine, a 3 year term of supervised release and $100 special assessment. Count III of the Indictment charges the defendant with use of a firearm during a drug trafficking offense on or about June 22, 2018. The maximum possible penalty if convicted is 5 years-Life consecutive imprisonment, $250,000 fine, a 3 year term of supervised release and $100 special assessment. There is also an allegation to forfeit United States currency seized on or about June 22, 2018.
* Paul Brooks Leetch, age 40, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about May 29, 2018. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, NLT 5 year term of supervised release, and a $100 special assessment.
* James Maynard, age 26, is charged in a two-count Indictment. Count I charges the defendant with conspiracy to distribute 50 grams or more of methamphetamine (actual) beginning on or about May 1, 2018 and continuing to on or about July 11, 2018. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, NLT 5 year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about July 11, 2018. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, NLT 5 year term of supervised release, and a $100 special assessment.
* Diego Mejia-Ortiz, is charged with illegal reentry after deportation on or about August 8, 2018. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Ramiro Aguirre Miyamoto, age 23, of Omaha, is charged with possession with intent to distribute 500 grams or more of a mixture or substance containing methamphetamine on or about April 8, 2018. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, NLT 5 year term of supervised release, and a $100 special assessment.
* John Nichols, age 53, of Omaha, and Jesus Vega-Moraila, age 49, of Omaha, are charged in a three-count Indictment. Count I charges Nichols and Vega-Moraila with conspiracy to distribute 500 grams or more of a mixture or substance containing methamphetamine beginning on or about October 1, 2017 and continuing to on or about April 26, 2018. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, NLT 5 year term of supervised release, and a $100 special assessment. Count II charges Nichols with possession with intent to distribute 500 grams or more of a mixture or substance containing methamphetamine on or about March 2, 2018. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, NLT 5 year term of supervised release, and a $100 special assessment. Count III of the Indictment charges Nichols with felon in possession of a firearm on or about March 2, 2018. The maximum possible penalty if convicted is 10 years imprisonment, NMT $250,000 fine, a 3 year term of supervised release and $100 special assessment. There is also an allegation to forfeit United States currency seized on or about March 2, 2018.
* Richard D. Peacock, age 37, of Omaha, is charged in an eleven-count Indictment. Each count charges the defendant with knowingly making false statements while employed at Occupational Safety and Health Administration (OSHA) between January 14, 2015 and March 3, 2016. The maximum possible penalty if convicted is 5 years imprisonment for each count, a $250,000 fine for each count, a 3 year term of supervised release for each count, and a $100 special assessment for each count.
* Garrett Calvin Pete, age 53, of Billings, Montana, is charged with felon in possession of a firearm on or about June 5, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Carey Dean Phillips, Jr., age 24, of Sioux City, Iowa, is charged with failure to register as a sex offender on or about June 25, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 5 year term of supervised release, and a $100 special assessment.
* Jesus Ramos Ramos, is charged with illegal reentry after deportation on or about August 8, 2018. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Sergio Rodriguez Ruiz, age 31, is charged with illegal reentry after deportation on or about August 7, 2018 following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Oscar Eulacio Sandoval, age 41, of San Diego, California, is charged with possession with intent to distribute 5 grams or more of methamphetamine (actual) on or about July 5, 2018. The maximum possible penalty if convicted is 40 years imprisonment, $5,000,000 fine, NLT 4 year term of supervised release, and a $100 special assessment.
* Nahum Silva Avila, age 40, of Omaha, is charged with illegal reentry after deportation on or about July 18, 2018. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Manuel Solis-Castro, age 44, of Ainsworth, Nebraska, is charged with illegal reentry after deportation on or about August 8, 2018. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Rodolfo Tizol Gomez, age 41, is charged with illegal reentry after deportation on or about August 7, 2018. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Kristie Trejo, age 44, is charged in a three-count Indictment. Count I charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about April 30, 2018. The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5 year term of supervised release, and a $100 special assessment. Count II charges the defendant with distribution of 5 grams or more of methamphetamine (actual) on or about March 13, 2018. The maximum possible penalty if convicted is 40 years imprisonment, $5,000,000 fine, 4 year term of supervised release, and a $100 special assessment. Count III charges the defendant with distribution of 5 grams or more of methamphetamine (actual) on or about March 29, 2018. The maximum possible penalty if convicted is 40 years imprisonment, $5,000,000 fine, 4 year term of supervised release, and a $100 special assessment.
* Augustine Valadez-Briceno, age 36, is charged with illegal reentry after deportation following a felony conviction on or about July 13, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Arildo Vieira De Santana, age 39, of Lincoln, is charged in a two-Count Indictment. Count I charges the defendant with misuse of a social security number on or about July 19, 2018. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II charges the defendant with fraud and misuse of visas & other documents on or about July 19, 2018. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
Assistant U.S. Attorneys receive awards for their work in nationwide drug enforcement actionsRead the Press Release
SAVANNAH – Four assistant United States attorneys who participated in significant civil drug enforcement actions received awards Aug. 22 from the United States Drug Enforcement Administration during a DEA training session in Savannah.
Assistant U.S. Attorneys Tommy Clarkson, Jonathan Porter and Brad Patrick, and Civil Division Chief Shannon Statkus, each received Certificates of Appreciation for Outstanding Contributions in the Field of Drug Law Enforcement from Uttam Dhillon, Acting Administrator of the DEA, and Robert J. Murphy, Special Agent-in-Charge of the DEA’s Atlanta Field Office.
Statkus, Clarkson, Porter and Patrick were recognized for their roles in the National Health Care Fraud Takedown that in June resulted in charges against 601 defendants across 58 federal districts, including 165 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving more than $2 billion in false billings. These cases included criminal charges and civil penalties against a wide variety of defendants spanning the Southern District of Georgia.
Their work also resulted in the nation’s largest settlement of its kind involving allegations of drug diversion at a hospital when Georgia’s Effingham Health System in May agreed to pay fines of $4.1 million to resolve allegations that hospital staff failed to prevent a significant amount of opioids from being transferred to non-prescribers, and for failing to timely report the suspected diversion to the DEA.
In addition, the four AUSAs were applauded for their work in the civil complaint against Dr. Firoz Patka, of Martinez, Ga., that resulted in a default judgment in July in United States District Court for the Southern District of Georgia of $1.2 million in penalties. Patka received the judgment when he failed to answer complaints alleging he violated the Controlled Substances Act by pre-signing subscriptions for opioids and other controlled substances at his offices in Louisville, Ga.; Hephzibah, Ga.; and Thomasville, Ga.
“The outstanding work of our staff in combatting fraud and prescription drug abuse helps to protect the public from the scourge of crime and addiction,” said U.S. Attorney Bobby L. Christine. “We’re proud of Shannon, Tom, Jonathan and Brad for their outstanding work, and appreciate this welcome recognition from our partners at the DEA.”
Photo, left-right: USA Bobby L. Christine, AUSA Tommy Clarkson, Drug Enforcement Administration Acting Administrator Uttam Dhillon, AUSA Jonathan Porter, AUSA Brad Patrick, and DEA Atlanta Special Agent-in-Charge Robert J. Murphy. Not pictured: AUSA Shannon Statkus, Southern District Civil Division Chief.Army Captain Indicted on Charges of Enticement of a Minor to Engage in Unlawful Sexual Activity and Transferring Obscene Material to a MinorRead the Press Release
Baltimore, Maryland – A federal grand jury has indicted Kevin J. Gorbsky, age 32, of Bowie, Maryland, on five counts of enticement of a minor to engage in unlawful sexual activity and one count of transferring obscene material to a minor. The indictment was returned on August 23, 2018, and unsealed today.
The indictment was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; and Commanding General David P. Glaser of the U.S. Army Criminal Investigation Command.
According to the six-count indictment, Gorbsky was a Captain in the United States Army, stationed in Kuwait and in Anne Arundel County, Maryland, where he was assigned to work at a secure facility. Gorbsky created and used e-mail accounts “Justin Smelder” and “John Bbeez,” and a social media account, “johnbeez66.” Beginning in October 2015 and continuing through at least January 8, 2018, Gorbsky used those accounts to engage in online chat with hundreds of other users, many of whom identified themselves as minors between 12 and 17 years old. Gorbsky told many of the individuals he chatted with that he was 19 years old, when in fact, he was between 28 and 31 years old. Gorbsky’s chats with the users were sexually explicit. Gorbsky repeatedly persuaded, enticed, and coerced the other users to send him sexually explicit images and to engage in sexually explicit video chat with him. Gorbsky sent many of the users sexually explicit images and videos of himself. On numerous occasions, Gorbsky accessed his accounts and engaged in sexually explicit chats using the unclassified computer system at his workplace.
Specifically, the indictment alleges that from September 22, 2017 through January 3, 2018, Gorbsky engaged in sexually explicit communications with a girl who said she was 12 years old, including during times the girl stated she was in school. Gorbsky repeatedly asked the girl for sexually explicit images and to engage in sexually explicit video chat with him. On October 26, 2017, Gorbsky e-mailed a sexually explicit video of himself to the girl. The indictment alleges that Gorbsky also engaged in sexually explicit chat with four other girls who stated in their chats that they were ages 13, 17, 17, and 15, respectively. Gorbsky repeatedly asked the girls to send him sexually explicit images of themselves and to engage in sexually explicit video chat with him. Gorbsky also e-mailed sexually explicit videos of himself to one of the girls who said she was 17 years old.
If convicted, Gorbsky faces a mandatory minimum of 10 years and up to life in prison for each count of enticement of a minor to engage in unlawful sexual activity, and a maximum of 10 years in prison and a $250,000 fine for transfer of obscene material to a minor. Gorbsky is scheduled to have an initial appearance before U.S. Magistrate Judge J. Mark Coulson on August 27, 2018, at 3:00 p.m. in U.S. District Court in Baltimore.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
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 Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Robert K. Hur commended the FBI and Army CID for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Zachary A. Myers and Derek E. Hines, who are prosecuting the federal case.
Andersen Pleads Guilty to Defacing Corona Arch; Agrees to Pay Fine and Restitution to BLMRead the Press Release
SALT LAKE CITY – Ryan Bird Andersen, age 45, of Idaho Falls, Idaho, pleaded guilty to a one-count misdemeanor information Thursday charging him with defacing a natural feature – the Corona Arch – by scratching graffiti into the rock. U.S. Magistrate Judge Dustin Pead presided at the hearing in U.S. District Court.
As a part of the plea agreement, Andersen agreed to pay the maximum fine of $1,000, full restitution of $858.32 to the Bureau of Land Management, and a processing fee of $30. Andersen also agreed to release a statement advocating the responsible use of public lands as a part of the plea agreement. (A copy of the statement is attached to this release.)
“Mr. Andersen’s conduct was troubling to us and anyone who values Utah’s beautiful public lands. People travel from around the world to visit these spectacular resources. Mr. Andersen learned a valuable lesson from this prosecution. As he writes in his statement, we hope others can learn from his mistakes and always act responsibly with our natural treasures,” U.S Attorney John W. Huber said today.
Andersen’s guilty plea will be held in abeyance for a period of 18 months. During that period, the defendant is prohibited from entering or using any public land administered by the BLM, the National Park Service, the U.S. Forest Service, the U.S. Fish and Wildlife Service, the Bureau of Reclamation, and the Army Corps of Engineers. The defendant can use public roads traversing public lands for necessary travel.
August 23, 2018
Dear Friends and Concerned Citizens,
I want you all to know that I have reached an agreement with the government to account for my actions last spring at the Corona Arch in southern Utah. With that agreement I have accepted responsibility for my conduct and have agreed to pay a fine and full restitution to address the damage caused to the arch.
Although I have resolved my case with the government, I will remain committed to helping ensure that our public lands remain pristine. In the future, I hope that others can learn from my mistakes and always act responsibly with our natural treasures.
Sincerely,
Ryan Andersen
23 August 2018
West Palm Beach Return Preparer Charged with Filing False Tax Returns with the IRSRead the Press Release
A West Palm Beach return preparer was charged by indictment with filing false tax returns with the IRS.
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.
Tamara Jeune, a/k/a Tamara Voltaire, was charged by indictment with one count of conspiracy to defraud the government with respect to claims, in violation of Title 18, United States Code, Section 286; four counts of claiming false tax refunds, in violation of Title 18, United States Code, Section 287; and five counts of aiding in the preparation of false tax returns, in violation of Title 26, United States Code, Section 7206(2).
According to the indictment, Jeune obtained four different Employee Identification Filing Numbers (EFINs) for different businesses. The EFINs allowed the businesses to submit tax returns electronically in the names of other individuals. The defendant worked as a tax preparer at one of the businesses in Miami-Dade County, Investment Equity Development, Inc., and managed others at this location. Jeune prepared, filed, and oversaw the preparation and filing of fraudulent federal income tax returns with false IRS Forms for her clients for the 2012 through 2014 tax years. As a result of this scheme, the IRS paid approximately $700,000 in tax refunds related to the fraudulent tax returns, and Jeune often diverted her clients' tax refunds to bank accounts that she controlled.
An indictment is merely an allegation and a defendant is presumed innocent until proven guilty in a court of law.
Mr. Greenberg commended the investigative efforts of IRS-CI in connection with this matter. This case is being prosecuted by Assistant U.S. Attorney Roger Cruz.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Vian Man Pleads Guilty to Attempted Sexual Abuse of MinorRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Donald Lee Blackbird, age 59, of Vian, Oklahoma, entered a guilty plea to Attempted Sexual Abuse Of A Minor, in violation of Title 18, United States Code, Sections 1153, 2243(a) and 2246, punishable by not more than 15 years imprisonment, up to a $250,000.00 fine, or both.
The Indictment alleged that on or about April 3, 2018, in the Eastern District of Oklahoma, in Indian Country on an allotment, the title to which had not yet been extinguished, the defendant, an Indian, did knowingly attempt to engage in a sexual act as defined in Title 18, United States Code, Section 2246(2), with S.B., a person who has attained the age of 12 years, but has not attained the age of 16 years and was at least four years younger than defendant, with an intent to arouse or gratify the sexual desire of any person.
The charges arose from an investigation by the Cherokee Nation Marshal Service and the Federal Bureau of Investigation.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Kristin Harrington represented the United States.
U.S. Attorney and Shasta County District Attorney Join Forces to Warn Against Wildfire-Related Disaster FraudRead the Press Release
REDDING, Calif. — U.S. Attorney McGregor W. Scott and Shasta County District Attorney Stephanie A. Bridgett joined forces today to raise public awareness of the potential for fraud in the wake of the wildfires currently plaguing Northern California. The public is urged to be vigilant in reporting suspected fraudulent activity relating to recovery and cleanup operations, fake charities claiming to provide relief for victims, individuals submitting false claims for disaster relief, and any other disaster fraud related activity.
U.S. Attorney Scott stated: “While most people respond to tragic events like the Carr Fire with compassion and generosity, others take advantage of such disasters to fraudulently enrich themselves. I strongly encourage the public to report any suspected fraudulent activity occurring in the aftermath of our state’s devastating wildfires. With the combined resources of federal and local law enforcement, we will aggressively pursue and prosecute fraud and abuse.”
Shasta County DA Bridgett stated: “Since the day the Carr Fire blew into our community we have been working with our local, state and federal law enforcement partners to ensure you are not further victimized by fraud. We believe these cases are a priority and will ensure maximum resources are directed to the investigation and prosecution of each offender.”
The U.S. Department of Justice established the National Center for Disaster Fraud (NCDF) to investigate, prosecute, and deter fraud in the wake of Hurricane Katrina, when billions of dollars in federal disaster relief poured into the Gulf Coast region. Its mission has expanded to include suspected fraud from any natural or manmade disaster. More than 20 federal, state, and local agencies participate in the NCDF, which allows the center to act as a centralized clearinghouse of information related to disaster relief fraud.
Members of the public are reminded to apply a critical eye and do their due diligence before trusting anyone purporting to be working on behalf of disaster victims, and to be especially cautious of anyone who contacts you seeking personal identifying information or financial information. Members of the public who suspect fraud involving disaster relief efforts, or who believe that they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll free at (866) 720-5721. The telephone line is staffed by a live operator 24 hours a day, 7 days a week. You can also fax information to the Center at (225) 334-4707, or email it to [email protected]. Learn more about the NCDF at www.justice.gov/disaster-fraud and watch a public service announcement here.
U.S. Attorney Participates in 2018 Violence Against Women Tribal Consultation in Sioux Falls, S.D.Read the Press Release
SIOUX FALLS, SD – United States Attorney Ron Parsons joined Acting Associate Attorney General Jesse Panuccio and Office on Violence Against Women’s (OVW) Acting Director Katherine Sullivan at the 13th Annual Conference on Violence Against Women Tribal Consultation held at the Sioux Falls Convention Center on August 21-22, 2018.
The purpose of this annual Government-to-Government conference is to solicit recommendations from tribal leaders on enhancing safety and strengthening federal law enforcement efforts to the crimes of domestic violence, dating violence, sexual assault, stalking and sex trafficking of American Indian and Alaskan Native women, and administering funds and programs for tribal governments established by the Violence Against Women Act (VAWA) and subsequent legislation.
The conference was hosted by the Great Plains Tribal Chairman’s Association. The U.S. Departments of Justice, Health and Human Services and the Interior, and tribal leaders of federally-recognized Indian Tribes from across the nation participated in the two-day event focused on federal administration of tribal funds and programs established under VAWA.
The conference opened with a call to order by Sherriann Moore (Rosebud Sicangu’ Lakota), Deputy Director of Tribal Affairs for OVW. The Color Guard was presented by the Flandreau Veteran’s Association Color Guard, staffed by Sam Allen. Roxanne Sazue, former Chairwoman of the Crow Creek Tribe, offered a traditional blessing with drums presented by “Rising Hail,” led by Allen Hare of the Yankton Sioux Tribe. The Native Women’s Society of the Great Plains then performed a Shawl Ceremony to honor victims of violence and abuse.
Oglala Sioux Tribe Vice-President Darla Black and Flandreau Santee Sioux Tribe President Anthony Reider each addressed the conference with opening remarks. OVC Acting Director Sullivan then introduced Acting Associate Attorney General Panuccio, who delivered the keynote address. Other Tribal leaders who provided testimony included Roxanne Sazue, former Chairwoman of the Crow Creek Sioux Tribe; Lydia Bear Killer, Council Member of the Oglala Sioux Tribe; and Lois Owens, Council Member of the Sisseton Wahpeton Oyate of the Lake Traverse Indian Reservation.
Assistant United States Attorney Troy Morley, who is the Tribal Liaison for the District of South Dakota, and Victim Witness Coordinator Marlys Big Eagle also attended the conference on behalf of the District of South Dakota.
Domestic violence and sexual assault are crimes that affect every community, but, tragically, Native women face higher rates of domestic violence, sexual assault, and domestic violence homicide than almost any other group. A 2016 National Institute for Justice study concluded that more than half of all Native women have experienced sexual violence and physical violence by an intimate partner. All too often, these instances of violence are part of an escalating cycle, culminating in alarming homicide rates for Native women.
Many in attendance at the conference wore red to commemorate, honor, and raise awareness about missing and murdered Native women. The voices of these women may have been silenced, but their memory should serve as a call to action. These women deserve to be honored and remembered, but they also deserve more: they deserve action.
The Department of Justice is resolute in its commitment to helping ameliorate this crisis. It does so in two principal ways. First, federal prosecutors are working every day to bring domestic violence offenders to justice. Second, through our grant programs, we are helping victims with a full range of services and support.
“This was an incredible opportunity to listen to and learn from tribal leaders and citizens from across the country who are leading the fight against domestic violence and abuse of all kinds in Native American communities,” said U.S. Attorney Parsons. “Their testimony was moving and profound. I am honored and humbled to have heard these direct accounts of the struggles and challenges that Native American communities are facing in seeking justice for domestic violence victims.”
Two Las Vegans Charged for Stealing over 300 Firearms from Trailer Parked at Henderson CasinoRead the Press Release
LAS VEGAS, Nev. – Two individuals had their initial court appearances today on charges related to the theft of more than 300 firearms inside a trailer belonging to a Federal Firearms Licensee, announced U.S. Attorney Dayle Elieson for the District of Nevada and Special Agent in Charge Jill Snyder for the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Samual Lane Donesing, 28, and Jaemillah Eagans, 26, both of Las Vegas, were indicted with one count of possession of stolen firearms. Donesing is also charged with one count of felon in possession of a firearm. They appeared before U.S. Magistrate Judge Nancy Koppe and pleaded not guilty to the charges. A jury trial is scheduled before U.S. District Judge Richard F. Boulware II on October 15, 2018.
According to allegations in the complaint and indictment, on July 31, 2018, Donesing and Eagans, stole a truck and trailer containing more than 300 firearms along with ammunition and firearms accessories such as holsters and magazines. The truck and trailer were parked at the Fiesta Henderson Hotel and Casino and belonged to a Federal Firearms Licensee from Arizona. Law enforcement identified the defendants as suspects after hotel surveillance footage showed them driving away with the stolen truck and trailer. During an interview with law enforcement, Donesing and Eagans admitted to stealing the truck and trailer containing the firearms.
Donesing, a felon, is also charged with illegal possession of a firearm. He has four prior felony convictions in Clark County including forgery, possession of a stolen vehicle, grand larceny, and burglary.
If convicted, the maximum penalty is 10 years in prison and a $250,000 fine for each count.
The public is reminded that an indictment contains only a charge and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving their guilt beyond a reasonable doubt.
The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the Henderson Police Department and Las Vegas Metropolitan Police Department. Assistant U.S. Attorney Linda Mott is prosecuting the case.
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Two Duval County Men Indicted on Counterfeit Currency ChargesRead the Press Release
Jacksonville, Florida – A federal grand jury has returned an indictment charging Steven Timothy Jolly (40) and Eric Mark Hamilton (34), both of Jacksonville, with manufacturing counterfeit Federal Reserve notes and possessing counterfeit Federal Reserve notes. If convicted, Jolly and Hamilton each face a maximum penalty of 20 years in federal prison on each count.
Jolly made his initial appearance on August 15, 2018, and was detained on August 21, 2018. His trial is set for October 1, 2018. Hamilton will make his initial appearance in federal court on August 28, 2018.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by U.S. Secret Service - Jacksonville Field Office and the Jacksonville Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Kevin C. Frein.
Texas Woman Pleads Guilty to Conspiracy to Distribute MethamphetamineRead the Press Release
Jackson, Miss. – Arlene Viridiana Moya, 23, of Texas, pled guilty today before U.S. District Judge William H. Barbour to conspiracy to possess with intent to distribute methamphetamine, announced U.S. Attorney Mike Hurst and Special Agent in Charge Jere T. Miles of Immigration and Customs Enforcement’s Homeland Security Investigations New Orleans Field Office.
On January 22, 2018, a Rankin County Sheriff’s Deputy stopped a vehicle driven by Moya for a traffic violation. A search of the vehicle resulted in the seizure of approximately 16 kilograms or 35 pounds of methamphetamine from the vehicle’s fuel tank.
Moya will be sentenced by Judge Barbour on November 27, 2018, at 10:00 a.m. and faces a maximum penalty of life in prison followed by a $10,000,000 fine.
The case was a joint investigation by the Rankin County Sherriff’s Office, and the U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI) Jackson, MS office, and prosecuted by Assistant United States Attorney Chris Wansley.
Stoughton Man Sentenced to 21 Years in Federal Prison for Kidnapping and Drug ChargesRead the Press Release
BOSTON – A Stoughton man was sentenced today in federal court in Boston to 21 years in prison on kidnapping and drug charges.
Sedrick Oliveira, 26, was sentenced by U.S. District Court Chief Judge Patti B. Saris to 21 years in prison and five years of supervised release. In March 2018, Oliveira pleaded guilty to kidnapping and conspiracy to distribute fentanyl, cocaine, and oxycodone after being arrested in October 2016. Malik Bangura, 20, of Taunton; Diego Pires, 25, of Brockton; and Yesenia Diaz, 23, of Brockton, were also charged with kidnapping.
On Oct. 8, 2016, at approximately 10:25 p.m., a 30-year-old man was kidnapped from the driveway of his Quincy home after being struck in the head with a revolver as he got out of his truck, and dragged into a nearby sedan. The victim had two children strapped into their car seats in his truck.
Once the victim was in the sedan, two masked perpetrators, later identified as Pires and Bangura, drove the victim’s truck, with the children inside, to a secluded location where they unloaded approximately 30 pounds of marijuana and $20,000 from the victim’s truck, into the sedan. The victim, who was face-down in the backseat of the sedan at gunpoint, begged for his life and the life of the two children who were still in their car seats in the back of the truck.
Diaz, Bangura, Pires and Oliveira then drove the sedan with the drugs, cash and the victim, from Quincy to Brockton and called the victim’s wife demanding $100,000. Law enforcement officers spotted the sedan as it drove through Brockton, recognized the vehicle from a drive-by shooting that occurred in August 2016, and began to follow it. After the defendants recognized the police, they attempted to flee, but ultimately abandoned the sedan in a Brockton driveway. The victim escaped, flagged down law enforcement officers, and described to them the secluded location where the truck had been disserted. Law enforcement located the truck with the children inside, who were unharmed.
Diaz was subsequently found standing by the sedan and arrested for kidnapping. She previously pleaded guilty and is awaiting sentencing. Oliveira was arrested several days later on a federal complaint charging him with federal drug offenses following the sales of fentanyl, cocaine and oxycodone to an individual cooperating with law enforcement. Oliveira, Pires, and Bangura were charged with the kidnapping in April 2017. Bangura pleaded guilty and, on Jan. 24, 2018, was sentenced to 204 months in prison. Pires also pleaded guilty and was sentenced on Aug. 16, 2018, to 210 months in prison.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Brockton Police Chief John Crowley; and Quincy Police Chief Paul Keenan made the announcement today. Assistant U.S. Attorney Emily O. Cannon of Lelling’s Organized Crime and Gang Unit prosecuted the case.
Stolen U-Haul, AR-15, and Counterfeit MoneyRead the Press Release
St. Louis, MO – Antwan Crossland, 21, of St. Louis, Missouri, pleaded guilty to possessing counterfeit currency. Crossland appeared this afternoon before United States District Court Judge Henry E. Autrey. Sentencing is set for November 28, 2018.
On September 20, 2017, Antwan Crossland was stopped by officers with the St. Peters Police Department driving a stolen U-Haul truck. The officers found an AR15 rifle in his lap, counterfeit United States Currency, and a driver’s license in the name of another individual.
Prior to the stop by the police officers, Crossland had driven Desiree Hill and another individual to a local retailer, and instructed them to purchase a television with the money he provided. Store personnel refused the transaction when they realized the money was counterfeit. Their alert to the St. Peters Police Department resulted in the vehicle stop.
Desiree Hill was sentenced on June 1, 2018 to a six month term of incarceration after pleading guilty to making false statements to law enforcement officials. The false statements arose when Hill lied as to the source of the counterfeit currency she attempted to pass at Crossland’s behest.
The counterfeit currency found was less than $1,500.00.
Possessing counterfeit currency carries a penalty of not more than ten years in prison and/or a fine of $250,000 or both.
The case was investigated by the United States Secret Service and the St. Peters Police Department. Assistant U.S. Attorney Tracy Berry is handling the case for the government.
Statement from U.S. Attorney Bobby L. Christine Regarding Sentencing for Reality WinnerRead the Press Release
AUGUSTA, GA: The sentence rendered today is the longest received by a defendant for an unauthorized disclosure of national defense information to the media. It appropriately satisfies the need for both punishment and deterrence in light of the nature and seriousness of the offense.
When Reality Winner committed her crime, she was employed as a contractor at a National Security Agency facility in the Southern District of Georgia. She held a TOP SECRET/SCI security clearance, had access to classified information, had signed multiple nondisclosure agreements, and plainly abused her position of trust.
Winner was well-trained in the proper handling of classified intelligence and knew the damage that unauthorized disclosures could cause to our national security. She knew that the unauthorized removal of classified materials and transportation and storage of these materials in unauthorized locations risked disclosure and transmission of those materials. In particular, she knew that the unauthorized disclosure of information classified TOP SECRET, which is the highest classification level, reasonably could be expected to cause exceptionally grave damage to the national security of the United States, and that violation of rules governing the handling of classified information could result in criminal prosecution.
With this knowledge, Winner searched for, identified, and printed an intelligence report, which was classified at the TOP SECRET/SCI level and contained national defense information. The information in the report was unrelated to Winner’s job duties, and she did not possess a “need to know.” Nevertheless, Winner removed the report from its authorized location and put it in a mailbox in an envelope addressed to a news agency. In so doing, she knowingly and intentionally betrayed the trust of her colleagues and her country.
Make no mistake: THIS WAS NOT A VICTIMLESS CRIME. Winner’s purposeful violation put our nation’s security at risk. Not in a speculative or hypothetical way, but in a very real, very direct way. The Intelligence Report that Winner disclosed described intelligence activities by a foreign government directed at targets within the United States. When asked by the FBI, Winner stated that she knew the Intelligence Report revealed “sources and methods” used by U.S. intelligence agencies, and she knew that compromising those sources and methods could be valuable to our adversaries and damaging to the United States. Despite this knowledge, Winner said she intended for a news agency to publish the contents of the Intelligence Report.
The document Winner compromised did, in fact, contain TOP SECRET information about the sources and methods used to acquire the intelligence described in the report. That means it revealed how U.S. Intelligence Agencies obtained information. U.S. Government subject matter experts have determined that Winner’s willful, purposeful disclosure caused exceptionally grave damage to U.S. national security. That harm included, but was not limited to, impairing the ability of the United States to acquire foreign intelligence information similar to the information the defendant disclosed. This was, by no means, a victimless crime.
What’s more, Winner’s exceptionally damaging disclosure was not a spontaneous, unplanned event, but was the calculated culmination of a series of acts. She researched whether it was possible to insert a thumb drive into a Top Secret computer without being detected, and then inserted a thumb drive, WHICH THE GOVERNMENT NEVER RECOVERED, into a Top Secret computer. She researched job opportunities that would provide her access to classified information. At the same time, she searched for information about anti-secrecy organizations, and she celebrated claimed compromises in U.S. classified information.
Approximately eight days before she started work as a contractor with a security clearance, Winner installed sophisticated software tools on her computer designed to render her internet activity anonymous and untraceable. Two days before starting work, Winner captured an image of a webpage listing eight “securedrop” addresses for media outlets seeking leaked information. Then, her first day on the job, she sent messages mocking her security training. On that same day, Winner signed a non-disclosure agreement with the government in which she promised to keep secret classified information, and attested she was accepting this responsibility “…without any mental reservation or purpose of evasion.” Yet, she wrote shortly thereafter that she was “#gonnafail” her polygraph examination when asked if she had “ever plotted against” the government. She claimed to hate America. When asked, “…you don’t actually hate America, right?” she responded, “I mean yeah I do its literally the worst thing to happen on the planet.”
She was the quintessential example of an insider threat.
Resolving this case with a plea agreement involving a lengthy prison sentence is the best resolution for the United States. The United States has to balance the need for prosecution with the damage that further disclosure of classified information at trial might cause. Proving the government’s case at trial would require the government to declassify or risk disclosure of TOP SECRET//SCI information. This plea affords the government a substantial benefit in protecting from disclosure information that is still classified. The FBI and members of the Intelligence Community affected by Winner’s treachery and betrayal have concurred in this judgement.
This sentence also promotes respect for the law and affords deterrence to similar criminal conduct in the future. Winner will serve a term of incarceration that will give pause to others who are entrusted with our country’s sensitive national security information and would consider compromising it. Anyone else who may think of committing such an egregious and damaging wrong should think both of the prison sentence imposed today and the very real damage done, and we sincerely hope that they will stay true to their oath and maintain the secrets with which their nation has entrusted them.
The brave men and women who have volunteered – without mental reservation or purpose of evasion - to serve at sensitive government facilities continue to have our trust, faith and confidence. Their loyalty to our nation is manifest each day in the form of our safety and security. My dedication to those professionals and those principles is unwavering, and the Justice Department will continue to prosecute and bring long sentences to those who would betray their oath and jeopardize our nation’s safety.
For any questions, please contact the United States Attorney’s Office at (912) 652-4422.
South Florida Pharmacy Owner and Miami Gardens Couple Pleaded Guilty to Conspiracy to Illegally Distribute Hydromorphone and Oxycodone in North FloridaRead the Press Release
PENSACOLA, FLORIDA – Joseph Owusu, 63, of Tampa, Abbisina Hepburn, 39, and Damian Hepburn, 41, both of Miami Gardens, pleaded guilty on August 17 and August 10, respectively, to conspiracy to distribute and possess with intent to distribute hydromorphone (Dilaudid) and oxycodone. Additionally, the Hepburns pleaded guilty to substantive counts of illegal distribution of hydromorphone. The guilty pleas were announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
Beginning in or about October 2015, Abbisina Hepburn and Damian Hepburn began presenting fraudulent prescriptions for hydromorphone and oxycodone to Owusu and an employee at Jares Pharmacy, which was located in Sebring, Florida. The prescriptions presented were allegedly issued by a Hialeah doctor of osteopathy, to individuals other than Abbisina and Damian Hepburn. Owusu owned Jares Pharmacy, and was also the licensed pharmacist at Jares Pharmacy. Owusu and a Jares pharmacy employee charged the Hepburns $9.00 per tablet. After receiving the hydromorphone and oxycodone pills, the Hepburns traveled to the Northern District of Florida and elsewhere to sell the pills to third parties for a profit. During the course of his guilty plea, Owusu acknowledged that he dispensed the drugs in violation of federal law.
For the conspiracy charge, Owusu faces a maximum of 20 years in prison. The Hepburns face a maximum of 30 years in prison for the conspiracy count and each of the substantive distribution counts due to their prior felony drug convictions. As a part of his guilty plea, Owusu agreed to voluntarily surrender his Drug Enforcement Administration (“DEA”) registration (license) to the DEA, and his pharmacist license and the Jares Pharmacy license to the State of Florida.
Owusu is scheduled to be sentenced on October 30, and the Hepburns are scheduled to be sentenced on October 25 at the U.S. Courthouse in Pensacola.
The case was investigated by the Florida Department of Law Enforcement, with assistance by the DEA Diversion Division, and the DEA. It was prosecuted by Assistant U.S. Attorney Tiffany H. Eggers.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access available public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Sixteen Treasure Valley Residents Indicted in Federal CourtRead the Press Release
BOISE – A multi-faceted, large-scale Organized Crime and Drug Enforcement Task Force (OCDETF) investigation has resulted in the federal indictment of sixteen defendants on drug trafficking, fraud, money laundering and counterfeit goods trafficking charges, U.S. Attorney Bart M. Davis announced. The indictments were issued last week by a federal grand jury sitting in Boise.
The grand jury returned a thirty-four count indictment charging Pavel Babichenko, Gennady Babitchenko, Piotr Babichenko, Timofey Babichenko, Kristina Babichenko, Natalya Babichenko, David Bibikov, Anna Iyerusalimets, Mikhail Iyerusalimets and Artur Pupko with conspiracy to commit wire fraud, mail fraud, conspiracy to traffic in counterfeit trademarked goods and money laundering conspiracy, all in connection with the online sale of counterfeit cellphones and accessories.
According to the indictment, the ten defendants operated a multi-million dollar scheme wherein they sold counterfeit cellphones and cellphone accessories on Amazon.com and eBay.com that the defendants misrepresented as new and genuine Apple and Samsung products. The indictment alleges that these counterfeit cellphones and cellphone accessories were obtained in bulk from manufacturers in Hong Kong, repackaged in the Treasure Valley, and then individually resold to consumers online as genuine and new. The indictment also alleges the defendants laundered millions of dollars in proceeds from the fraudulent scheme.
If convicted, the defendants face up to 20 years’ imprisonment and a $250,000 fine on the money laundering, wire fraud, and mail fraud counts. They face up to 10 years’ imprisonment and a $5,000,000 fine on the counterfeit trademark goods trafficking counts. Reference is made to the indictment and court record for further information. Additionally, anyone who believes they may be a victim may visit the Department of Justice’s large case website for more information: www.justice.gov/largecases.
In a separate series of cases stemming from the same OCDETF investigation, the grand jury returned six indictments charging six persons with violations of the Controlled Substances Act:
- Tetyana Vasilevna Andriychuk, distributing heroin;
- Jeffrey Scott Davis, distributing methamphetamine;
- Pavel Matlashevsky, two counts of distributing heroin;
- Alexandr Stricharskiy, three counts of distributing methamphetamine;
- Sergey Zagorodny, distributing cocaine and sale of a firearm to a prohibited person; and,
- Vadim N. Dmitruk, possession with intent to distribute heroin.
Drug distribution charges carry mandatory minimum prison sentences depending on the amount and type of drugs distributed. Maximum prison sentences range from up to 20 years all the way to life. The OCDETF investigation also included several other persons who were charged earlier with violations of the Controlled Substances Act:
- James Peirsol pleaded guilty to distributing methamphetamine and was sentenced to 200 months in prison on October 19, 2017;
- Blake Anthony Vanhoff pleaded guilty to distributing methamphetamine and was sentenced to 66 months in prison on November 14, 2017;
- David Lon Rose pleaded guilty to distributing methamphetamine and was sentenced to 24 months in prison December 7, 2017; and,
- David Duane Gudgel pleaded guilty to distributing methamphetamine and possession of a firearm in furtherance of a drug trafficking crime and was sentenced to 210 months in prison on May 2, 2018.
"Combatting transnational organized crime is one of the FBI's top priorities, and these cases demonstrate that the FBI remains committed to holding accountable all those who attempt to defraud U.S. citizens and U.S. companies, distribute illegal drugs, or conduct illegal activity simply to enrich themselves,” said FBI Special Agent in Charge Eric Barnhart. "From the arrests, to the millions of dollars in assets forfeited, the law enforcement agencies who participated in this investigation were able to deliver a decisive blow to these criminal enterprises because of the excellent, collaborative, working relationships that exist here in Idaho, and our strong international partnerships with law enforcement around the world. Thank you to everyone who worked tirelessly over the last four years to secure these indictments and arrests."
“Counterfeit products pose serious safety risks as they are often unregulated during manufacturing,” said Brad Bench, Special Agent in Charge of Homeland Security Investigations (HSI) Seattle. “This investigation represents HSIs commitment to protecting the public from criminals who are profiting to the detriment of their consumers.”
“The priority of the United States Postal Inspection Service is to investigate any crimes in which the U.S. Mail is utilized even if the scheme originally started over the phone or through the internet,” said United States Postal Inspection Service, Inspector in Charge Tony Galetti. “Our mission is to protect customers, business partners, and the Postal Service from illicit use of the mail. We will continue efforts to ensure the integrity and security of the United States Postal System and to hold accountable those who unlawfully take advantage of the Postal System. We would like to thank the United States Attorney’s Office for the District of Idaho for their incredible prosecutorial support throughout the course of this investigation. We also want to thank our federal law enforcement partners as well as our state and local partners for their dedication and collaborative efforts. The federal government is dedicated to dismantling sophisticated mail fraud schemes and the importation of counterfeit goods.”
“The United States Attorney’s Office is committed to the comprehensive investigation and prosecution of criminal activity that is harmful to our country, communities, and members of our society, all of whom we are sworn to protect,” said U.S. Attorney Bart Davis. “The dedicated women and men of my office have always, and will always, seek to hold accountable those who engage in fraud and illegal drug trafficking. These prosecutions demonstrate our commitment to prosecuting those who seek to profit at the expense of others, be it by fraudulent conduct or selling harmful, illegal drugs to others. In addition, the type of fraud involved here hurts not only the thousands of unsuspecting consumers who purchased counterfeit goods, but also the company – the trademark holders. Counterfeited products degrade the goodwill of the trademark holders, deceive consumers, and pose a serious safety risk to the community.”
These indictments are the result of a joint investigation by the Organized Crime and Drug Enforcement Task Force comprised of the Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Immigration and Customs Enforcement Homeland Security Investigations, Internal Revenue Service and United States Marshals Service. These federal agencies were joined in the investigation by the United States Postal Inspection Service, National Insurance Crime Bureau, U.S. Customs and Border Protection, Hong Kong Police Force, Boise Police Department, Meridian Police Department, Nampa Police Department and the Idaho State Police.
An indictment is merely an allegation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.
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Six Men Charged with Violations of Federal Gun Control Act and Federal Narcotics Laws in Twenty-Two Count IndictmentRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced that TERRANCE MORGAN, age 25, of New Orleans, RICHARD GREEN, a/k/a “Blue,” a/k/a “Bam,” age 28, of New Orleans, KENDALL CELESTINE, age 20, of New Orleans, and ERIC ROBINSON, age 26, of New Orleans, MARVIN ARMSTRONG, age 52, of New Orleans and PATRICK SCHEXNAYDER, a/k/a “Pat,” a/k/a “Red,” age 27, of New Orleans, were indicted on August 23rd by a federal grand jury.
The charging document alleges that, MORGAN, GREEN, CELESTINE, ROBINSON, ARMSTRONG, and SCHEXNAYDER conspired to distribute heroin between at least June 2014, and July 11, 2018. MORGAN, GREEN, CELESTINE, ROBINSON, and SCHEXNAYDER were charged with conspiring to distribute 100 grams or more of heroin. If convicted of this charge, each defendant faces a term of imprisonment of 5 to 40 years, a fine of up to $5 million, and at least four years of supervised release following any term of imprisonment. ARMSTRONG was charged with conspiring to distribute a quantity of heroin. If convicted of this charge, he faces a term of imprisonment of 20 years, a fine of up to $1 million, and at least three years of supervised release following any term of imprisonment.
The indictment also alleges that MORGAN, GREEN, CELESTINE, and ROBINSON conspired to possess firearms in furtherance of a drug-trafficking crime during the same time period. If convicted of this count, each defendant faces a term of imprisonment of up to 20 years, a fine of up to $250,000, and up to three years of supervised release following any term of imprisonment. In addition, MORGAN, GREEN, CELESTINE, and ROBINSON were each charged with substantive counts of possession of firearms in furtherance of a drug-trafficking crime. If convicted of this offense, each defendant faces a term of imprisonment of 5 years to life, a fine of up to $250,000, and up to five years of supervised release following any term of imprisonment.
The indictment also charges MORGAN, GREEN, ROBINSON, and SCHEXNAYDER, convicted felons, with illegally possessing firearms. If convicted on these charges, MORGAN, GREEN, ROBINSON, and SCHEXNAYDER each face a term of imprisonment of up to 10 years, a fine of up to $250,000, and up to three years of supervised release following any term of imprisonment. GREEN is charged with six counts of distribution of a quantity of heroin, and ARMSTRONG is charged with one count of distribution of a quantity of heroin. If convicted of these charges, GREEN and ARMSTRONG face, as to each count, a term of imprisonment of up to 20 years, a fine of up to $1 million, and at least three years of supervised release following any term of imprisonment. GREEN, and ROBINSON are charged with possession with intent to distribute heroin and MDMA, and MORGAN and CELESTINE are charged with possession with intent to distribute a Schedule I controlled substance called “U-47700.” If convicted of these crimes, each defendant faces a term of imprisonment of up to 20 years, a fine of up to $1,000,000, and at least three years of supervised release following any term of imprisonment.
U.S. Attorney Evans reiterated that the indictment is merely an allegation and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the New Orleans Police Department, the Louisiana State Police, and the Terrebonne Parish Sheriff’s Office. Assistant United States Attorneys Maria M. Carboni and Matthew R. Payne are in charge of the prosecution.
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Salvadoran National Charged with Failure to Register as a Sex OffenderRead the Press Release
BOSTON - A Salvadoran national was charged Tuesday, Aug. 21, 2018, in federal court in Boston with failure to register as a sex offender as required under the Sex Offender Registration and Notification Act (SORNA).
Melvin Velasquez, 34, was charged with one count of failure to register as a sex offender. U.S. Magistrate Judge Donald L. Cabell ordered him detained pending trial.
According to court records, in 2007, Velasquez was convicted in New York of one count of rape in the third degree and sentenced to eight months in jail. Velasquez was subsequently required to register as a sex offender in any jurisdiction where he resided or worked. Velasquez, who was determined to be illegally present in the United States, was sentenced on the rape charge, and, upon completion of his sentence in 2008, deported to El Salvador.
Sometime thereafter, Velasquez returned to the United States and assumed a false identity. In May 2018, Velasquez, using his alias, was arrested and charged with various motor vehicle violations. Velasquez’s fingerprints were obtained and found to match the prints in his A-file and from his 2007 New York rape conviction. Law enforcement then queried the Massachusetts Sex Offender Registry Board and determined that Velasquez had not registered, as required by law, in Massachusetts.
The charge of failure to register provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of up to $250,000 fine. Velasquez will be subject to deportation proceedings. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; United States Marshal John Gibbons of the District of Massachusetts; and, Rebecca Adducci, Interim Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s of the 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.
Russellville Felon Pleads Guilty to Possessing Illegal Sawed-Off ShotgunRead the Press Release
BOWLING GREEN, Ky. – Russellville, Kentucky, man, Tracy Green Baskerville, pled guilty before United States District Judge Greg N. Stivers this week to being a felon possessing an unregistered sawed-off shotgun, announced United States Attorney Russell M. Coleman.
Baskerville, age 44, pled guilty to one count of being a felon in possession of a firearm and one count of possession of an unregistered modified firearm. The Russellville man faces 15 years to life in federal prison, a $500,000 fine and five years of supervised release. There is no parole in the federal system.
According to court records, on April 27, 2015, the Russellville Police Department and the Logan County Sheriff’s Office responded to a 911 call from Baskerville’s mother’s residence. During the call with 911, a woman could be heard pleading for someone to “put down the gun.” An investigation by officers revealed Baskerville had threatened to kill his girlfriend and brother. A search of the residence, consented to by Baskerville’s mother, revealed a Harrington and Richardson, Inc. Model 088, .20 gauge sawed off shotgun with a barrel length of 6 ¼ inches and an overall length of 9 inches as well as one round of .20 gauge ammunition. Logan County Sheriff’s Office officials arrested Baskerville. Shotguns must have an overall length of 26 inches, and barrel of no less than 18 inches.
While at the Logan County Jail on April 27, 2015, Baskerville admitted to law enforcement officials that the sawed-off shotgun belonged to him, but he denied altering the firearm at that time. Baskerville also admitted he was a multi-convicted felon on probation for manufacturing Methamphetamine.
Sentencing has been scheduled in Bowling Green on November 15, 2018.
This case is being prosecuted by Assistant United States Attorney Jo. E. Lawless. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Logan County Sheriff’s Office and Russellville Police Department conducted the investigation.
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