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23 August 2018
Richmond Man Pleads Guilty to Federal Drug Trafficking and Firearms OffensesRead the Press Release
LEXINGTON, Ky. — Dwayne Thomas Farmer, 36, of Richmond, Ky., pleaded guilty today to trafficking in methamphetamine, possession of a firearm by a convicted felon, and possession of a firearm in furtherance of drug trafficking.
In the course of his guilty plea, Farmer admitted the, on June 27, 2017, law enforcement officers executed a search warrant at his Richmond apartment. During the search, officers seized over 220 grams of methamphetamine, which was in close proximity to two shotguns.
Farmer admitted that he had traded methamphetamine for the two shotguns, which were located in his bedroom, behind the couch. Farmer admitted that he kept the shotguns for protection and that he intended to sell the drugs. The street value of the methamphetamine was more than $20,000.
Farmer, was previously convicted of felony drug trafficking in Knox County, Tennessee and Whitley County, Kentucky, prior to his commission of the federal offenses resolved by his guilty plea.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Stuart Lowery, Special Agent in Charge, ATF Louisville, Christopher Evans, Special Agent in Charge DEA Louisville; and Chief James Ebert, Richmond Police Department jointly made the announcement.
The investigation was conducted by the ATF, DEA, the Richmond Police Department and the Madison County AHIDTA Task Force. The United States was represented by Assistant United States Attorney Roger W. West.
Farmer is currently scheduled to appear for sentencing before Chief United States District Judge Karen K. Caldwell, in Lexington, on December 19, 2018. Farmer faces up to life in prison. However, any sentence following conviction will be imposed by the Court after consideration of the United States Sentencing Guidelines and the federal statute governing the imposition of sentences.
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 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, local strategies to reduce violent crime.
Rhode Island Tax Preparer Pleads Guilty to Forty-Four Counts of Filing Fraudulent Tax ReturnsRead the Press Release
A West Warwick, Rhode Island tax preparer pleaded guilty today in the U.S. District Court for the District of Rhode Island to 44 counts of filing fraudulent tax returns for clients, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman and U.S. Attorney for the District of Massachusetts Andrew Lelling.
According to documents and information provided to the court, Raymond Petrarca owned and operated Stratus Financial Group, a tax preparation business in Warwick, Rhode Island. Petrarca admitted to falsifying 44 tax returns prepared for his clients between tax years 2010 and 2015, seeking refunds from the Internal Revenue Service to which his clients were not entitled. Petrarca admitted to falsifying the returns by including false and inflated deductions for home mortgage interest and charitable donations and false and inflated credits for purported home energy improvements.
Sentencing is scheduled for December 5, 2018. Petrarca faces a maximum sentence of three years in prison on each count, as well as a period of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Lelling thanked special agents of IRS-Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Victor A. Wild and Trial Attorney Kimberly G. Ang of the Tax Division, who are prosecuting the case.
Repeat Sex Offender Sentenced to over 19 Years for Attempted Receipt of Obscene ImagesRead the Press Release
NEWPORT NEWS, Va. – A Newport News man with a significant history of sexual offenses involving minors was sentenced today to 235 months in prison for attempted receipt of obscene images depicting the sexual abuse of children, obstruction of justice, destruction of evidence, and penalties for a registered sex offender.
Elmer E. Eychaner, III, 46, was convicted at trial by a federal jury on May 18. According to court records and evidence presented at trial, Eychaner previously was convicted in federal court of child pornography crimes in 2008. On June 13, 2016, Eychaner began a period of federal supervision and was prohibited from having a computer, but he requested a computer so that he could look for a better job. The probation office allowed Eychaner to have a computer that was monitored through a third-party company, RemoteCOM.
On November 17, 2016, Eychaner went onto his government-monitored computer and searched for obscene cartoon images depicting the sexual abuse of minors. He utilized voice recognition software, Cortana, to try to evade the computer-monitoring software. After he was finished searching for the obscene images, he deleted his search history. The next day, he called his federal probation officer and confessed. When the probation officer told him she was coming to collect his computer, Eychaner admitted that he had removed the hard drive and thrown it down a storm drain.
In addition to the federal child pornography conviction in 2008, Eychaner also was previously convicted of promoting obscenity to minors in North Dakota in August 1992, and gross sexual imposition in North Dakota in May 1994.
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 U.S. Attorney’s Offices and the 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.justice.gov/psc.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after sentencing by U.S. District Judge Mark S. Davis. Assistant U.S. Attorneys Lisa R. McKeel and Megan M. Cowles prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:17-cr-76.
Reliant to Pay $6.1 Million to Settle False Claims Act Allegations That it Paid Kickbacks to Nursing Homes for Rehabilitation Therapy BusinessRead the Press Release
Reliant Rehabilitation Holdings Inc. (Reliant), a national provider of rehabilitation therapy and related services headquartered in Plano, Texas, has agreed to pay the United States $6.1 million to resolve allegations that it violated the False Claims Act (FCA), 31 U.S.C. §3729, et seq., by paying kickbacks to skilled nursing facilities and physicians in connection with care provided to Medicare beneficiaries as a way of improperly promoting Reliant’s rehabilitation therapy business, the Justice Department announced today.
The United States alleged that between April 1, 2013, and May 1, 2017, Reliant knowingly offered improper inducements, in the form of Reliant-employed nurse practitioners who worked at client nursing homes without charge or for a nominal, below fair market fee in order to induce or reward nursing homes for contracting with Reliant to provide rehabilitation therapy for their residents. The settlement between the United States and Reliant resolves this claim, as well as a separate allegation that Reliant violated the FCA by causing the submission of claims to Medicare that were tainted by improper contracts between Reliant and physicians working at skilled nursing facilities that offered the physicians above fair market compensation for supervising and collaborating with Reliant nurse practitioners in exchange for the facilities’ therapy business.
“The Justice Department is committed to investigating and routing out any improper financial relationships between health care providers that have the potential to undermine patient care and trust.” said Acting Assistant Attorney General Chad A. Readler for the Justice Department’s Civil Division. “This settlement demonstrates our commitment to protecting the integrity of the Medicare program.”
“Companies that work to secure patient referrals by providing kickbacks inject improper financial considerations into our healthcare system,” said United States Attorney Erin Nealy Cox for the Northern District of Texas. “Today’s settlement demonstrates our determination to thwart such improper inducements — whether they take the form of cash payments or free services.”
“Paying illegal remuneration to nursing homes and doctors to increase the bottom line – as contended by the government in this case – is unacceptable as it too often sacrifices the best interests of patients to profit-making schemes,” said CJ Porter, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Patients and taxpayers deserve better.”
The allegations resolved by the settlement agreement were originally brought by Dr. Thomas Prose under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private citizens with knowledge of fraud against the government to bring an action on behalf of the United States and to share in any recovery. Dr. Prose will receive approximately $915,000 of the settlement proceeds.
The case was handled by the Justice Department’s Civil Division and the U.S. Attorney’s Offices for the Northern District of Texas. Investigative assistance was provided by the U.S. Department of Health and Human Services Office of Inspector General.
The lawsuit is captioned United States ex rel. Prose v. Reliant Rehabilitation, Civil Action No. 3:16-CV-0707-D (N.D. Tex.). The claims settled by this agreement are allegations only, and there has been no determination of liability.
Reliant to Pay $6.1 Million to Settle False Claims Act Allegations That It Paid Kickbacks to Nursing Homes for Rehabilitation Therapy BusinessRead the Press Release
WASHINGTON – Reliant Rehabilitation Holdings Inc. (Reliant), a national provider of rehabilitation therapy and related services headquartered in Plano, Texas, has agreed to pay the United States $6.1 million to resolve allegations that it violated the False Claims Act (FCA), 31 U.S.C. §3729, et seq., by paying kickbacks to skilled nursing facilities and physicians in connection with care provided to Medicare beneficiaries as a way of improperly promoting Reliant’s rehabilitation therapy business, the Justice Department announced today.
The United States alleged that between April 1, 2013, and May 1, 2017, Reliant knowingly offered improper inducements, in the form of Reliant-employed nurse practitioners who worked at client nursing homes without charge or for a nominal, below fair market fee in order to induce or reward nursing homes for contracting with Reliant to provide rehabilitation therapy for their residents. The settlement between the United States and Reliant resolves this claim, as well as a separate allegation that Reliant violated the FCA by causing the submission of claims to Medicare that were tainted by improper contracts between Reliant and physicians working at skilled nursing facilities that offered the physicians above fair market compensation for supervising and collaborating with Reliant nurse practitioners in exchange for the facilities’ therapy business.
“The Justice Department is committed to investigating and routing out any improper financial relationships between health care providers that have the potential to undermine patient care and trust.” said Acting Assistant Attorney General Chad A. Readler for the Justice Department’s Civil Division. “This settlement demonstrates our commitment to protecting the integrity of the Medicare program.”
“Companies that work to secure patient referrals by providing kickbacks inject improper financial considerations into our healthcare system,” said United States Attorney Erin Nealy Cox for the Northern District of Texas. “Today’s settlement demonstrates our determination to thwart such improper inducements — whether they take the form of cash payments or free services.”
“Paying illegal remuneration to nursing homes and doctors to increase the bottom line – as contended by the government in this case – is unacceptable as it too often sacrifices the best interests of patients to profit-making schemes,” said CJ Porter, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Patients and taxpayers deserve better.”
The allegations resolved by the settlement agreement were originally brought by Dr. Thomas Prose under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private citizens with knowledge of fraud against the government to bring an action on behalf of the United States and to share in any recovery. Dr. Prose will receive approximately $915,000 of the settlement proceeds.
The case was handled by the Justice Department’s Civil Division and the U.S. Attorney’s Offices for the Northern District of Texas. Investigative assistance was provided by the U.S. Department of Health and Human Services Office of Inspector General.
The lawsuit is captioned United States ex rel. Prose v. Reliant Rehabilitation, Civil Action No. 3:16-CV-0707-D (N.D. Tex.). The claims settled by this agreement are allegations only, and there has been no determination of liability.
Pulaski County Woman Indicted for Bankruptcy FraudRead the Press Release
A federal grand jury for the Southern District of Illinois has returned an indictment charging Jessica A. Browning, 44, of Ullin, Illinois (Pulaski County), with two counts of bankruptcy fraud, announced Steven D. Weinhoeft, United States Attorney for the Southern District of Illinois. Browning was indicted as part of the U.S. Attorney’s Office’s continuing effort to crackdown on those who commit fraud in the U.S. Bankruptcy Court for the Southern District of Illinois.
Browning filed a chapter 13 bankruptcy case in the federal bankruptcy court in Benton, Illinois, on March 17, 2014. The indictment charges that, on a document she filed with the bankruptcy court, Browning intentionally concealed the fact that just three weeks before filing bankruptcy she had received a $12,675.47 worker’s compensation award. The indictment further alleges that, at a meeting of creditors in her bankruptcy case, Browning provided false testimony regarding what she did with the funds from her worker’s compensation award.
"I am grateful to U.S. Attorney Weinhoeft and our law enforcement partners for their strong commitment to combating fraud and abuse in bankruptcy cases, as evidenced by today’s proceedings," stated Nancy J. Gargula, U.S. Trustee for Southern Illinois, Central Illinois and Indiana (Region 10). The U.S. Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. Region 10 is headquartered in Indianapolis, with additional offices in South Bend, Indiana, and Peoria, Illinois.
Browning is charged with making a false statement under penalty of perjury in a bankruptcy case and making a false statement under oath in a bankruptcy case. Both crimes carry a maximum sentence of five years in prison and a fine of up to $250,000.
The arraignment for Browning will be conducted on September 5, 2018 at 1:30 p.m. at the Federal Courthouse in Benton, Illinois.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
The charges resulted from a referral by the U.S. Trustee for Region 10 to the U.S. Attorney for the Southern District of Illinois. The investigation was conducted by agents from the Fairview Heights, Illinois, Office of the Internal Revenue Service – Criminal Investigations, in collaboration with the Southern Illinois Bankruptcy Fraud Working Group coordinated by the U.S. Trustee. The case is being prosecuted by Assistant United States Attorney Scott A. Verseman.
Project Safe Neighborhoods Initiative Leads to Multiple ArrestsRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney Andrew Murray announced today that after a ten-month joint investigation, FBI agents and CMPD officers arrested 11 individuals during an early morning round-up. Ten of those arrested face federal charges and one was arrested on state offenses. Two others currently in state custody have also been indicted federally, bringing the total number of those charged as part of this Project Safe Neighborhoods (PSN) initiative to 13.
“This morning’s round-up was the result of a joint law enforcement investigation into drug dealing and drug related criminal activity in and around the Lakewood Community in Charlotte,” said U.S. Attorney Murray. “Today’s coordinated action is part of our PSN strategy, which calls upon all levels of law enforcement to combine forces to reduce drug distribution and drug-fueled crimes in our neighborhoods, and to increase community safety.”
Those arrested today on multiple federal charges of distribution and possession with intent to distribute crack cocaine are: Ashley Bennet, 22, of Charlotte; Travis Burris, 21, of Charlotte; Charles Berry, 49, of Charlotte; Andre Booker, 23, of Charlotte, Lemuel Carr, 21, of Charlotte; Marcus Hammonds, 33, of Charlotte; Jonathan Means, 38, of Charlotte; Jermaine Monroe, 37, of Charlotte; Robert Fitzgerald Moore, 53, of Charlotte; and Dandre Morrison, 30, of Charlotte. Ashley Bennet, and Travis Burris are also charged with conspiracy to distribute and to possess with intent to distribute crack cocaine. Marcus Gregory was also arrested today on state charges.
Two individuals currently in state custody now face federal offenses. Shea Roseboro, 28, is charged with distribution and possession with intent distribute crack cocaine, and Kwame Hakeem Crawford, 27, is charged with possession of a firearm by a convicted felon.
The charges contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
In making today’s announcement, U.S. Attorney Murray commends the FBI and CMPD for their investigative efforts, and thanks the U.S. Marshals Service for their assistance with this morning’s arrests. U.S. Attorney Murray also thanks the North Carolina Department of Public Safety’s Adult Correction and Juvenile Justice, and the Mecklenburg County District Attorney’s Office for their collaboration with this investigation.
Assistant U.S. Attorney Lambert Guinn of the U.S. Attorney’s Office in Charlotte is leading the prosecution.
Project Safe Neighborhood Sweep Nets 29 Individuals Charged with Drug and Gun Charges in Brockton and BostonRead the Press Release
BOSTON – 29 individuals have been charged with federal and state drug, firearms, and counterfeiting offenses as part of federal investigations in Brockton and Boston. The cases were brought as part of the Department of Justice’s Project Safe Neighborhood Initiative (PSN), which aims to bring together all levels of law enforcement to reduce violent crime.
As part of today’s sweep, 25 defendants were arrested on federal and state charges, two defendants remain at-large, and two others were already in custody. Today’s operation involved over 150 federal, state and local law enforcement agents from all over New England. The arrests are the culmination of two separate federal investigations dubbed Operation Landshark and Operation Nor’Easter.
According to the charging documents, Operation Landshark is an investigation that targeted impact players and repeat offenders in Brockton and Boston, each who have prior convictions for acts of violence, firearm offenses and/or drug trafficking. It is alleged that many of the Operation Landshark targets are in the top 30 criminal offenders responsible for violent acts and firearms in Brockton.
During Operation Nor’Easter, from April 2016 through January 2018, law enforcement made controlled purchases of drugs from targets in Boston.
During the investigations, law enforcement officers bought or seized 15 guns and purchased or seized fentanyl, heroin, cocaine, and cocaine base.
The following defendants were arrested today on federal charges:
- JC Anderson, a/k/a “Skeeter Weeter,” 46, of Taunton, for distribution of cocaine base;
- Chad Benjamin, a/k/a “Life,” 40, of South Boston, for distribution of 28 grams or more of cocaine base;
- Jarrod Benjamin, a/k/a “J-Rock,” 37, of Brockton, for distribution of cocaine base;
- Tequan Brown, a/k/a “Purp,” 26, of Brockton, for distribution of fentanyl;
- Edrick Firmin, a/k/a “Rah,” of Brockton, for distribution of fentanyl;
- Dylan Fontes, a/k/a “J,” 26, of Brockton, for distribution of fentanyl;
- Andre Gallette, 57, of Boston, for being a felon in possession of a firearm and ammunition;
- James Hardy, 52, of Roslindale, for distribution of cocaine base and distribution of fentanyl;
- Allah Mallory, a/k/a “Parod,” 31, of Brockton, for distribution of cocaine base;
- Jorge Monteiro, a/k/a “Jay,” 23, of Brockton, for distribution of fentanyl;
- Derek Moore, 46, of Roxbury, for being a felon in possession of a firearm;
- Abdul-Karim Muwakkil, a/k/a “Tyrone Jones,” and a/k/a “Ty,” 37, of Dorchester, for conspiracy to distribute and distribution of heroin and fentanyl;
- Jeffrey Oliveira, 23, of Brockton, for distribution of fentanyl;
- Franklin Perry, 52, of Dorchester, for selling counterfeit notes;
- Tavon Robinson, a/k/a “Smooth,” 39, of Boston, for conspiracy to distribute and distribution of heroin and fentanyl;
- Tyrone Smith, a/k/a “Ty,” 31, of Brockton, for distribution of cocaine base;
- Dante Starks, a/k/a “Tay,” 36, of Mattapan, for distribution of cocaine;
- Orlando Waters, 30, of Boston, for distribution of cocaine base;
- Gary Jamal Webster, a/k/a “Jamal,” 35, of Boston, for conspiracy to distribute and possess with intent to distribute cocaine and fentanyl; and
- Rashard Wilson, 36, of Brockton, for distribution of cocaine.
One defendant was charged, but is still at-large:
- FUGITIVE
In addition, the following defendants, who are already in state custody, were charged federally:
- Sirrocko Landrum, 29, of Boston, for being a felon in possession of a firearm and ammunition; and
- Raul Robles, 29, of Brockton, for distribution and possession with intent to distribute cocaine, and for being felon in possession of a firearm and ammunition.
Six additional defendants were charged with state drug and firearms offenses:
- Dana Brown, 45, of Brockton;
- Jason DaCruz, 34, of Brockton;
- Vito Gray, 48, of Boston;
- Steven Mendes, 31, of Brockton;
- Terrell Walker, 63, of East Falmouth; and
- FUGITIVE
The federal charge of drug distribution provides for a sentence of no greater than 20 years in prison, at least three years of supervised release and a $1 million fine. If the defendant has a prior conviction for a drug distribution offense or crime of violence, the maximum sentence is 30 years in prison, at least six years and up to a lifetime of supervised release and a $2 million fine. The federal charge of distribution of 28 grams or more of cocaine base provides for a minimum of five years and up to 40 years in prison, at least four years and up to a lifetime of supervised release and a $5 million fine. The maximum sentence in federal court for being a felon in possession of a firearm is 10 years in prison, three years of supervised release and a $250,000 fine. The maximum sentence for selling counterfeit notes is 20 years in prison, three years of supervised release and a $250,000 fine. 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; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Plymouth County District Attorney Timothy J. Cruz; Suffolk County District Attorney Daniel F. Conley; Boston Police Commissioner William Gross; and Brockton Police Chief John Crowley made the announcement today. The investigation was conducted by the FBI’s North Shore Gang Task Force and Southeastern Massachusetts Gang Task Force. Valuable assistance was provided by the Suffolk County Sheriff’s Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Plymouth and Essex County Sheriff’s Offices; Massachusetts Department of Corrections; U.S. Parole Commission; U.S. Postal Inspection Services; and the U.S. Secret Service. The state cases are being prosecuted by the Plymouth County District Attorney’s Office and Suffolk County District Attorney’s Office.
The details contained in the indictments and complaints are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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.
Producer of Child Pornography Sentenced to More Than Nineteen Years in Federal PrisonRead the Press Release
Jacksonville, Florida – U.S. District Judge Brian J. Davis has sentenced William Harvey Gulkis (30, Jacksonville) to 19 years and 7 months in federal prison for producing child pornography. The court also ordered Gulkis to pay $8,000 in restitution to the victims of his offenses, register as a sex offender, and serve a life term of supervised release.
Gulkis pleaded guilty on November 3, 2017.
According to court documents, in January 2017, law enforcement began an investigation after learning about the prolific sharing of child pornography files linked to Gulkis’s residence. Agents from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations also learned that an individual at Gulkis’s residence was sharing self-produced child erotica files on a photo-sharing website.
During the execution of a search warrant at Gulkis’s residence, agents discovered that Gulkis had produced and shared child erotica and child pornography files and had produced photographs of himself masturbating with young children in the background of the images. Gulkis also produced child pornography depicting sleeping children whose clothing he had removed to display their genitals.
In addition to the files he produced, Gulkis had collected more than 6,000 files of child pornography.
“This predator took advantage of these young children at their most vulnerable moments,” said HSI Tampa Special Agent in Charge James C. Spero. “Our greatest hope is that today’s sentencing will bring some small measure of closure to the innocent victims.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the St. Johns County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Kelly S. Karase.
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 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 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.
Plymouth Man Pleads Guilty to Cyberstalking CampaignRead the Press Release
BOSTON – A Plymouth man pleaded guilty today in federal court in Boston to anonymously stalking three women by text message and social media, including one woman he stalked throughout the 14-months that they dated.
Joseph Kukstis, 29, pleaded guilty to three counts of stalking by electronic means. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for Nov. 19, 2018. Kukstis was arrested and charged in April 2018 and has been in custody since.
From August 2015 until February 2018, Kukstis targeted a woman he was dating, with an anonymous harassment campaign. Kukstis sent the victim hundreds of degrading text messages, many of which urged her to kill herself, and threatened that her harasser would come to her home. Kukstis also sent private, intimate pictures of the victim to her friends and acquaintances through a “spoofed” Instagram account he created in her name. In addition, Kukstis harassed men who he believed were romantically involved with the woman. Kukstis also attempted to obtain unauthorized access to the victim’s social media accounts. Kukstis also sent himself harassing messages that he then shared with the victim, purportedly as proof to her that he, too, was a victim of the stalking. In January 2018, Kukstis sent an e-mail from an account in his own name to the victim, saying: “it was me the entire time, I hate myself for it.”
In connection with his plea, Kukstis also admitted to cyberstalking four other girlfriends and acquaintances. These included a friend from elementary school who he attempted to drive apart from her then boyfriend. Kukstis also sent the victim anonymous text messages stating that she was fat, worthless, and that she should kill herself.
Kukstis also cyberstalked another woman with whom he was in a romantic relationship. In early 2013, Kukstis texted the victim and her friends from anonymous phone numbers, calling her names and harassing her. He also attempted to access the victim’s email and social media accounts. The victim obtained a civil restraining order against Kukstis in February 2013.
In 2014, Kukstis was in a romantic relationship with another woman who he texted posing as her childhood crush and solicited intimate pictures of her. When she complied, Kukstis (posing as the childhood crush) threatened to tell Kukstis about this “betrayal” if she didn’t confess herself. In November 2014, as a result of these and similar encounters, the victim ended her relationship with Kukstis and obtained a civil restraining against him. Kukstis repeatedly violated the restraining order by contacting and anonymously harassing the victim.
In November 2017, Kukstis began messaging with another woman via Instagram, Snapchat, and text message. Kukstis also began sending the victim anonymous text messages through Pinger, including messages in which he posed as the victim’s ex-boyfriend, against whom she had a civil restraining order. When the victim confronted Kukstis for impersonating her ex-boyfriend, Kukstis responded with text messages stating: “You’re fat this was funny you suck;” “Glad your day is ruined;” and “Kill yourself [Jane Doe C].” Kukstis also sent the victim pictures of a partially clothed acquaintance of one of the other victims.
The charges of stalking provide for a sentence of no greater than five years in prison, three years of supervised release, a fine of $250,000, and restitution. Sentences are imposed by a U.S. district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Seth B. Kosto of Lelling’s Cybercrime Unit is prosecuting the case.
Orlando Man Convicted, Two More Plead Guilty for Scheme Involving Impersonation of Homeland Security AgentsRead the Press Release
Orlando, Florida – A federal jury has found Jean David Jules (33, citizen of Haiti) guilty of two counts of aiding and abetting wire fraud. Three co-defendants, Donte Sherrick Harris (30, Kissimmee), Jason Tyiwuan Green (22, Orlando), and Jonathan Wayne Thorne (27, Kissimmee), previously pleaded guilty to aiding and abetting wire fraud. In addition, six others have pleaded guilty to conspiracy to commit wire fraud related to the same fraud scheme.
According to court documents, from at least August 2015 through June 2017, Jules and others participated in a criminal organization that gained money from victims by impersonating agents with the Department of Homeland Security (DHS) and/or the Cyber Crimes Center (C3). The scheme began with the defendants placing fraudulent posts on adult dating websites, claiming to be a “nerdy girl seeking nerdy guy.” When a victim responded to a fraudulent ad, a defendant continued to pretend he was a female seeking companionship. Days later, a defendant would contact the victim and pretend to be a federal agent assigned to the “C3 Child Exploitation Division” or other components of DHS. The defendant then would accuse the victim of soliciting a minor on the internet and falsely claim that there were outstanding warrants for the victim’s arrest.
The defendants used fraudulent email addresses that appeared to be from law enforcement agencies, or phone applications disguised as law enforcement phone numbers. They told their victims that they could pay a “fine” or “fees” so that the purported warrants could be “purged” or “cleared.” Victims were directed to wire funds, in the names of the defendants or their aliases, to the purported “agents” using a money service business. Many sent multiple extortion payments, ranging from $200 to $1,900 each. Law enforcement estimates that the scheme resulted in at least $311,000 in profits.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Office of Professional Responsibility, and Homeland Security Investigations (San Diego), with assistance from the Naval Criminal Investigative Service (San Diego), and the Osceola County Sheriff’s Office. It was prosecuted by Special Assistant United States Attorney Brandon Bayliss, on assignment from the Office of the Principal Legal Advisor, ICE. Assistant United States Attorney Emily Chang assisted with the prosecution.
Operator of bogus charity sentenced for defrauding multiple companiesRead the Press Release
ATLANTA – Kai Brockington, the former operator of a bogus charity, was sentenced to federal prison for defrauding multiple large companies that donated hundreds of thousands of dollars.
“Brockington stole funds that could have gone to legitimate charities that helped those in need,” said U. S. Attorney Byung J. “BJay” Pak. “His prison sentence is a just punishment for his greed.”
“The FBI is hopeful that Brockington’s sentence will send a strong message to anyone who would try to take advantage of the benevolent intentions of donors,” said J. C. “Chris” Hacker, Special Agent in Charge of FBI Atlanta. “Brockington undermined every legitimate charity’s work to carry out humanitarian missions with his disregard for their generosity to satisfy his own personal greed.”
“Officials who operate non-profit entities designed to assist charitable endeavors hold positions of trust not only in their companies, but also in the eyes of the public and we at the IRS owe it to every American taxpayer to use all lawful means to identify and prosecute those who evade their taxes as well as engage in other financial crimes”, stated Gabriel L. Grchan, Acting Special Agent in Charge of the IRS Criminal Investigation St. Paul Field Office. “It is our hope that Brockington’s sentence sends the strong message that tampering with the integrity of our nation’s tax system will result in prison time."
“Charity fraud, like many financial crimes, erodes the integrity of honest, noble charitable organizations, and threatens the financial health of our communities,” said U.S. Postal Inspector in Charge Kevin Rho of the Denver Division. “This sentence is the culmination of a successful joint investigative effort to protect vulnerable individuals and businesses from charity fraud and its effect on our communities, by ensuring the integrity of the U.S. Mail.”
According to U.S. Attorney Pak, the charges, and other information presented in court: Brockington was the primary operator of “Our Genesis Project,” a non-profit entity that supposedly provided healthcare to underprivileged recipients. In reality, Our Genesis Project never conducted any actual charitable work. Beginning in 2013, Brockington caused employees of several large companies to falsely tell their employers that they had donated money to Our Genesis Project. These large companies had programs that permitted their employees to donate money to a charity and request that the company match those donations. As a result, the companies donated substantial sums of money to Our Genesis Project.
From 2013 through 2017, Brockington caused several large companies to donate approximately $668,000 to Our Genesis Project through their charity matching programs. Instead of using these donations for charitable endeavors, Brockington spent the funds on himself and his family members, including purchases of jewelry and expensive clothing and shoes, trips to Italy and Disney World, as well as updates to the family home and other living expenses.
During this time period, Brockington repeatedly filed false tax returns with the Internal Revenue Service, including false federal income tax returns that failed to account for the money he was earning from his scheme as well as returns that falsely claimed Our Genesis Project was spending the funds on community grants, community activities, and community expenses. Additionally, Brockington filed for personal bankruptcy in 2015 and failed to disclose the substantial sums of money he had earned from this fraud scheme.
Kai Brockington, 36, of Dallas, Georgia, was sentenced to three years, five months in prison, to be followed by three years of supervised release on August 22, 2018. He was also ordered to pay restitution to the victim companies. Brockington pleaded guilty to charges of mail fraud and willfully filing a false federal income tax return on May 23, 2018.
This case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service - Criminal Investigation Division, and the U.S. Postal Inspection Service.
Assistant U.S Attorney Thomas J. Krepp prosecuted the case, with invaluable assistance from Assistant U.S. Attorney Timothy C. Rank of the U.S. Attorney’s Office for the District of Minnesota.
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.
Omaha Railcar Cleaning Company and Two Owners Charged with Violating Environmental and Worker Safety Laws Related to Workers’ 2015 DeathsRead the Press Release
Nebraska Railcar Cleaning Services LLC (NRCS), its president and owner, Steven Michael Braithwaite, and its vice president and co-owner, Adam Thomas Braithwaite, were charged in a 22-count indictment with conspiracy, violating worker safety standards resulting in worker deaths, violating the Resource Conservation and Recovery Act (RCRA) which governs hazardous waste management, and submitting false documents to a federal agency. Adam Braithwaite was also charged with perjury. The indictment was returned by a grand jury in Omaha, Nebraska today and announced by Acting Assistant Attorney General for the Environment and Natural Resources Division Jeffrey H. Wood and United States Attorney Joseph P. Kelly.
According to the indictment, NRCS and Steve and Adam Braithwaite failed to implement worker safety standards and then tried to cover that up during an inspection by the Occupational Safety and Health Administration (OSHA). The defendants also mishandled hazardous wastes removed from rail tanker cars during the cleaning process.
Two of the company’s workers were later killed and another injured when the contents of a railcar ignited while being cleaned.
“Protecting the health and safety of American workers at hazardous job sites is of paramount importance,” said Acting Assistant Attorney General Wood. “The defendants in this case failed to live up to that responsibility, even falsifying documents to evade worker safety requirements. Tragically, employees at the defendants’ facility lost their lives while working in these unsafe conditions. Today’s indictment shows that the Department of Justice will prosecute those who knowingly seek to thwart federal laws that protect the safety of American workers.”
“Whenever a company or its employees knowingly fail to comply with environmental laws, both the public and the environment are placed at risk” said Assistant Administrator Susan Bodine of EPA’s Office of Enforcement and Compliance Assurance. “This case demonstrates the importance of environmental compliance to safeguard public health and safety.”
“An important mission of the Office of Inspector General is to investigate allegations of fraud committed against the Department of Labor's regulatory agencies, including the Occupational Safety and Health Administration (OSHA). We will continue to work with our law enforcement partners to defend the missions of those regulatory agencies, which includes assuring safe and healthful working conditions for American workers,” said Steven Grell, Special Agent-In-Charge, Dallas Region, U.S. Department of Labor Office of Inspector General.
The indictment alleges that after a 2013 inspection of NRCS, Steve Braithwaite entered into a written agreement where he represented that NRCS had been testing for benzene since July 2014. After OSHA returned to NRCS in March 2015 to conduct a follow-up inspection and was turned away by Steve Braithwaite, Steve and Adam Braithwaite created documents that were submitted to OSHA to falsely show that NRCS had been purchasing equipment to test the contents of railcars for benzene and had taken other required safety precautions. During inspections by the Nebraska Department of Environmental Quality and the U.S. Environmental Protection Agency in 2013 and 2014 respectively, NRCS was informed that it was required to test its wastes to determine if they were hazardous in order to properly dispose of them, rather than send all untested waste to a landfill not permitted to receive hazardous waste. The indictment alleges that was not done before April 2015.
On April 14, 2015, the contents of a railcar ignited while being cleaned by NRCS employees. Two employees were killed and a third injured. Two days after the explosion, NRCS had three railcars tested to assess whether their contents were hazardous; two were determined to be hazardous.
OSHA regulations under the Occupational Safety and Health Act require that the air in confined spaces such as rail tanker cars be tested for various gases including flammable and explosive ones before workers are allowed to enter, and that workers exposed to certain chemicals wear respirators for which they must be assessed and fit tested. EPA regulations under RCRA require assessments of wastes for whether they are hazardous and that hazardous wastes be treated and disposed of at appropriate facilities. Hazardous wastes include those that are ignitable and those that contain benzene. According to the Centers for Disease Control and Prevention, benzene causes human cancer and has other health effects.
The case was investigated by EPA Criminal Investigation Division and the U.S. Department of Labor Office of Inspector General. Senior Counsel Krishna S. Dighe of the Department of Justice, Environmental Crimes Section, and Assistant U.S. Attorney Donald J. Kleine of the District of Nebraska are prosecuting the case.
United States Attorney Kelly reminds the public that an Indictment is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
For more information about EPA’s hazardous waste program and its requirements, visit https://www.epa.gov/hw.
For more information about OSHA’s confined space entry program and its requirements, visit https://www.osha.gov/SLTC/confinedspaces/.
For more information about benzene, visit https://emergency.cdc.gov/agent/benzene/basics/facts.asp.
Oklahoma City Man and Woman Indicted for Distributing Methamphetamine and Illegally Possessing a Machine Gun and SilencerRead the Press Release
OKLAHOMA CITY – CHRISTOPHER CHAD POOL, aka Christopher C. Poole, aka Cityboy, 39, and CHRISTINA LORAL POOL, aka Christina Loral McNees, aka Citygirl, 25, of Oklahoma City, were indicted this week for possessing methamphetamine with intent to distribute and multiple firearms charges.
A federal grand jury indicted Mr. Pool and Ms. Pool on August 21, 2018, for possessing methamphetamine with intent to distribute. The Pools were also indicted for possession of a Glock, Model 26, 9mm pistol that had been converted into a machine gun. Additionally, they were indicted for possession of two unregistered firearms—a silencer and a weapon made from a rifle: a Mossberg, Model 715T, .22 caliber rifle modified to a firearm with a barrel of less than sixteen inches. They were also indicted for being felons in possession of three firearms. Finally, the indictment charges them with possession of these firearms in furtherance of a drug-trafficking crime. The indictment seeks forfeiture of a pistol, two rifles, ammunition, a silencer, and approximately $5,789 in currency.
If Mr. Pool and Ms. Pool are found guilty of possessing methamphetamine with intent to distribute, each faces a maximum statutory sentence of 40 years. Additionally, they face a maximum statutory sentence of 10 years for each of the firearms charges, with the exception of possessing a firearm in furtherance of a drug-trafficking crime charge. This charge carries a mandatory minimum of 10 years for the weapon made from a rifle and a mandatory minimum of 30 years for the machine gun and for the Mossberg, Model 715T, .22 caliber rifle with a silencer. These statutory minimum sentences would run consecutive to any other sentence.
This case is the result of an investigation by Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorneys Nicholas J. Patterson and Wilson D. McGarry are prosecuting the case, which is part of Project Safe Neighborhoods, a Department of Justice program to reduce violent crime. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of Project Safe Neighborhoods and directed U.S. Attorney’s Offices to develop crime-reduction strategies that incorporate lessons federal law enforcement has learned since the program’s launch in 2001.
Reference is made to court filings for further information.
Nine people, most from Toledo, indicted for their roles in a conspiracy to traffic fentanylRead the Press Release
Nine people, most from Toledo, were indicted in federal court for their roles in a conspiracy to traffic fentanyl.
Indicted are: Terrance Allen, 25; Nathaniel Barringer, 23; Chad Burkholder, 34; Megan Champion, 40; Ryin Douglas-Reed, 28; Laurie Lehman, 49; Julie Murdock, 47, of Petersburg, Mich.; Donte Walker, 30, and Russell Watson, 37. They are from Toledo unless otherwise noted.
All are charged with one count of conspiracy to possess with intent to distribute at least 400 gramd of fentanyl. The conspiracy took place from March 2018 through this month, according to the indictment.
Arrest warrants executed Thursday morning resulted in the seizure of drugs, cash and firearms.
“These defendants worked together to sell large amounts of fentanyl, which has killed so many of our neighbors,” U.S. Attorney Justin Herdman said. “We will work with federal agents and police officers to prosecute those who would profit from this drug epidemic.”
FBI Special Agent in Charge Stephen D. Anthony said: “This group of individuals brought drugs and violence to the streets of our community. Collaborative law enforcement actions will hold them accountable for the danger they have caused.”
“This is just another example of how the Toledo Police Department and the Federal Bureau of Investigation work together to keep all Toledoans safe,” Toledo Police Chief George Kral said. “This operation has identified numerous individuals who, through their actions, have victimized and harmed many. The City of Toledo is a safer place with these people behind bars. Those in our community who continue to sell drugs, carry firearms and victimize others should take notice of these arrests. We now hope that the judiciary will impose the harshest of sentences if convictions are realized.”
This case was investigated by the Federal Bureau of Investigation and Toledo Police Department, the Toledo Metro Drug Task Force and Northwest Ohio Violent Crime Task Force. It is being prosecuted by Assistant U.S. Attorneys Alissa M. Sterling and Noah Hood.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
An indictment is a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
New Orleans Man Pleads Guilty to Fentanyl DistributionRead the Press Release
U.S. Attorney Duane A. Evans announced that TONY LAM, age 40, of New Orleans, pled guilty to a one-count bill of information charging him with distribution of 40 grams or more of a mixture containing fentanyl, in violation of Title 21, United States, Code, Sections 841(a)(1) and 841(b)(1)(B).
According to the bill of information, TONY LAM distributed over 40 grams of a mixture containing fentanyl on July 7, 2017.
TONY LAM faces a term of imprisonment between ten years and life, a fine of up to $8,000,000, at least eight years supervised release after imprisonment, and a mandatory $100 special assessment. U.S. District Judge Martin L.C. Feldman will sentence LAM on December 5, 2018.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration in investigating this matter. Assistant United States Attorney Jonathan L. Shih is in charge of the prosecution.
New Orleans Man Pleads Guilty to Failure to Register as a Sex OffenderRead the Press Release
U.S. Attorney Duane A. Evans announced that NATHANIEL RAINEY, a/k/a “Nathan Lee,” a/k/a “Nathaniel Rainie,” a/k/a “Nathaniel Palmore,” age 60, of New Orleans, pleaded guilty on August 22, 2018 to one count of failure to register as a sex offender under the federal Sex Offender Registration and Notification Act (SORNA) before U.S. District Judge Sarah S. Vance.
According to court documents, RAINEY was arrested in New Orleans on March 14, 2018, by members of the U.S. Marshals Service Fugitive Task Force, New Orleans Police Department, and Louisiana State Police. He had previously been convicted of two counts of sexual battery in the 24th Louisiana Judicial District Court on November 27, 2012, and sentenced to four years in prison. RAINEY was released to Texas custody, and he subsequently registered in Ennis, Texas in June 2014. He failed to appear for his annual re-registration in Texas, however, and a Texas warrant was issued for his arrest. RAINEY remained at large until Louisiana State Police investigators learned that he was residing back in New Orleans.
RAINEY faces a maximum term of 10 years in prison and a $250,000.00 fine. He also must be sentenced to a term of supervised release of between 5 years and life. Judge Vance set sentencing for December 12, 2018.
U.S. Attorney Evans praised the work of the United States Marshals Service, the Louisiana State Police, and the New Orleans Police Department in this matter. He extended his thanks to the Orleans Parish District Attorney’s Office for their assistance. Assistant United States Attorney Matthew R. Payne is in charge of prosecution.
New Orleans Man Indicted for False Statements to H.U.D. ProgramRead the Press Release
ANDREA HARRISON, age 57, a resident of New Orleans, Louisiana, was charged by a federal grand jury in a one-count indictment for false statements in relation to programs under the jurisdiction of the U.S. Department of Housing and Urban Development, announced U.S. Attorney Duane A. Evans.
According to court documents, a property owned by HARRISON received HUD grant funds as long as it was rented to low-income families. HARRISON submitted false documentation to make it appear that the property was being rented as required, when in truth and in fact, he was living in the property.
If convicted, the defendant faces five years of imprisonment, along with a $250,000 fine.
U.S. Attorney Duane Evans reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the Office of Inspector General for the U.S. Department of Housing and Urban Development in investigating this matter. The prosecution of this case is being handled by Assistant U. S. Attorney G. Dall Kammer, Deputy Chief of the Fraud Unit.
New Bedford Fishing Boat Captain Pleads Guilty to Interfering with Coast Guard InspectionRead the Press Release
BOSTON - A former New Bedford fishing boat captain pleaded guilty today in federal court in Boston to interfering with a U.S Coast Guard (USCG) inspection of a fishing boat off the Massachusetts coast.
Thomas D. Simpson, 57, of South Portland, Maine, pleaded guilty today to one count of destruction or removal of property subject to seizure and inspection. U.S. District Court Judge Indira Talwani scheduled sentencing for Nov. 28, 2018.
Simpson was the captain of the Fishing Vessel Bulldog, a New Bedford based commercial fishing vessel and one of several fishing vessels owned by Carlos Rafael. On Sept. 25, 2017, Rafael, often referred to as “The Codfather,” was sentenced in federal court in Boston to 46 months in federal prison on a variety of charges related to the operation of his commercial fishing business.
On May 31, 2014, the Bulldog was engaged in commercial fishing off the cost of Massachusetts when the USCG boarded the vessel to perform a routine inspection of the Bulldog and its fishing equipment. At the time of the boarding, the Bulldog’s net was deployed in the water and the crew was actively fishing. The USCG Boarding Officer encountered Simpson in the Bulldog’s wheelhouse and instructed Simpson to haul in the fishing net for inspection. The fishing net is controlled from the wheelhouse by an electric winch, which Simpson activated, but instead of hauling the fishing net onto the vessel, he let out more of the cable attaching the net to the vessel. When the USCG Boarding Officer realized that Simpson was letting the net out, he instructed Simpson to stop and to haul the net in. Simpson ignored the order and continued to let out cable until the net became detached from the Bulldog and sank.
The USCG and the National Oceanic and Atmospheric Administration (NOAA) hired a salvage company, at a cost of approximately $15,000, to retrieve the net from the ocean floor. An inspection of the net revealed that it had three distinct and separate layers of netting in violation of commercial fishing regulations. When two or more fishing nets are placed on top of each other, the size of the openings are reduced. The reduced size net openings hinder younger, smaller fish from being able to escape the net. The prohibition on double or triple lining fishing nets is intended to maintain the size and viability of the fishing stock and reduce over fishing. The use of illegal nets may result in fines and forfeiture of fishing equipment.
Simpson faces a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Richard D. Cox, Special Agent in Charge of the U.S. Coast Guard Investigative Services, Northeast Region; and James Landon, Director of the U.S. Department of Commerce National Oceanic and Atmospheric Administration, Office for Law Enforcement, Northeast Enforcement Division, made the announcement today. Assistant U.S. Attorney David G. Tobin of Lelling’s Major Crimes Unit is prosecuting the case.
Muldrow Man Pleads Guilty to Possession of Material Involving Sexual Exploitation of MinorsRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Ryan Edward Offineer, age 41, of Muldrow, Oklahoma, pled guilty to Possession Of Certain Material Involving The Sexual Exploitation Of Minors, in violation of Title 18, United States Code, Sections 2252(a)(4)(B) and 2252(b)(2), punishable by not more than 10 years imprisonment, up to a $250,000.00 fine, or both.
The Indictment alleged that beginning in or about June 2013, to on or about March 7, 2018, within the Eastern District of Oklahoma, the defendant, did knowingly possess, attempt to possess and access with intent to view, matters which contained visual depictions, as that term is defined in Title 18, United States Code, Section 2256(5), which said visual depictions involved the use of minors engaging in sexually explicit conduct, as that term is defined in Title 18, United States Code, Sections 2256(2)(A)-(B), and said visual depictions were of such sexually explicit conduct and had been transported in interstate commerce by computer.
The charges arose from an investigation by the Muldrow Police Department and Homeland Security Investigations (HSI).
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 John David Luton represented the United States.
Missoula Man Sentenced to 10 Years for Meth and Gun PossessionRead the Press Release
MISSOULA - Robert Craig Smith, 39, of Missoula, was sentenced today to a total of 120 months in prison to be followed by 5 years of supervised release. Smith pleaded guilty to conspiracy to distribute methamphetamine and possessing a firearm in furtherance of drug trafficking. Chief United States District Judge Dana L. Christensen sentenced Smith to 60 months for each count, to run consecutively.
Beginning in the Spring of 2015 and continuing through January of 2018, Smith distributed more than a pound of methamphetamine around the Missoula area. Smith also exchanged firearms for methamphetamine on several occasions.
The case was prosecuted by Assistant U.S. Attorney Tara Elliott and investigated by the FBI’s Montana Regional Violent Crime Task Force.
The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to identify those responsible for significant violent crime in Montana. A centerpiece of this effort is Project Safe Neighborhoods, a recently reinvigorated Department of Justice program that has proven to be successful in reducing violent crime. Today’s sentencing is part of the Project Safe Neighborhoods program.
Man Pleads Guilty to Being a Felon in Possession of FirearmsRead the Press Release
U.S. Attorney Duane A. Evans announced that MELVIN WALKER, age 46, pleaded guilty yesterday to being a felon in possession of firearms before the Honorable Sarah S. Vance.
According to Court documents, in July 2017, a search of WALKER’S residence revealed four (4) pistols, three of which had rounds in the chamber. The firearms were identified as a Springfield XD 9mm, serial number XD824567; Taurus PT 1911 .45, serial number NAT57516; SCCY Industries 9mm, serial number 340125, and a Taurus .38 special revolver, serial number XG15534. WALKER was previously convicted of a felony on August 2, 2010 in Criminal District Court for the Parish of Orleans in the State of Louisiana in case number 489-303 “B” for possession with intent to distribute marijuana in violation of La. R.S. 14:966(A)(2).
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.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in this matter. Special Assistant United States Attorneys Emily K. Greenfield and Assistant United States Attorney Michael M. Simpson are in charge of the prosecution.
Local Businessman Sentenced for Involvement in Pill MillRead the Press Release
U.S. Attorney Duane A. Evans announced that STEPHEN GUILBAULT, age 44, of Gonzales, Louisiana, was sentenced today after previously pleading guilty for his role in controlled substances violations and health care fraud.
According to court documents, GUILBAULT pleaded guilty on November 15, 2017 to one count of conspiracy to illegally distribute oxycodone, hydrocodone, and dextroamphetamine, and conspiring to commit health care fraud. GUILBAULT was the former co-owner and operator of Gulf South Physician’s Group in Metairie, Louisiana, along with Shannon Ceasar, M.D.
Ceasar ran what was, in essence, a “pill mill,” i.e., an operation in which he prescribed controlled substances to drug seekers and drug abusers without a legitimate medical purpose and in exchange for a flat fee. Ceasar was previously sentenced to 120 months in the Bureau of Prisons for his involvement in this conspiracy.
GUILBAULT, who was not a licensed physician, illegally wrote prescriptions from Ceasar’s prescription pad to himself and others. GUILBAULT also issued medically unnecessary prescriptions for patients who had insurance coverage through Medicare (Part D) and Medicaid, which caused a loss of $46,670.45 to the government. GUILBAULT agreed to pay back this amount to the government in restitution.
U.S. District Judge Martin L.C. Feldman sentenced GUILBAULT to 24 months imprisonment, followed by a two-year term of supervised release.
Lawrence Man Pleads Guilty to Cocaine TraffickingRead the Press Release
CONCORD - United States Attorney Scott W. Murray announced today that Jose R. Almonte-Tejeda, 40, formerly of Lawrence, Massachusetts, pleaded guilty to unlawfully possessing with the intent to distribute over 500 grams of cocaine.
According to court documents and statements made in court, on April 27, 2018, the New Hampshire State Police’s Mobile Enforcement Team conducted a traffic stop on a vehicle driven by Almonte-Tejeda on I-95 in the area of Hampton Falls, New Hampshire. A subsequent search of the vehicle resulted in the seizure of 832 grams of cocaine from Almonte-Tejeda’s vehicle.
Almonte-Tejeda is scheduled to be sentenced on November 29, 2018.
“Drug traffickers who come to New Hampshire should expect that they will be arrested and prosecuted,” said U.S. Attorney Murray. “We will continue to work closely with our law enforcement partners to stop the flow of illegal drugs by arresting and prosecuting drug dealers.”
This investigation was conducted by the New Hampshire State Police and the Drug Enforcement Administration. Assistant United States Attorney Jennifer Cole Davis is prosecuting the case.
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Justice Department Secures Denaturalization of Convicted War Criminal Who Fraudulently Obtained Refugee Status and U.S. CitizenshipRead the Press Release
WASHINGTON – On August 15, Judge Thomas F. Hogan of the U.S. District Court for the District of Columbia entered an order that revoked the naturalized U.S. citizenship of a convicted war criminal. The court held that defendant Edin Dzeko, a native of the former Yugoslavia, procured his U.S. citizenship illegally and by concealment of material facts and willful misrepresentation. The court’s order was based, in part, on Dzeko’s admission that he misrepresented and concealed his military service on immigration forms and lied while under oath at his naturalization interview.
“War criminals are not entitled to safe haven in the United States, and we will not allow individuals who commit such atrocities to take advantage of our immigration system,” said Acting Assistant Attorney General Chad A. Readler. “This case sends the message that the Department will remain resolute in our commitment to prosecute those who seek to gain, or have gained, U.S. citizenship unlawfully.”
“This case demonstrates that the United States will protect the integrity of its refugee programs,” said U.S. Attorney Jessie K. Liu. “Working with our law enforcement partners, we will continue to target war criminals who attempt to abuse the process to gain entry into our country.”
Dzeko, 46, was part of an elite unit of the Army of the Republic of Bosnia and Herzegovina that attacked the village of Trusina in April 1993, in what is known as the Trusina massacre. The unit allegedly targeted Bosnian Croats who resided in the village because of their Christian religion and Croat ethnicity, killing 22 unarmed individuals including women and the elderly. A Bosnian court previously found that Dzeko played a key role in the massacre, serving as part of a firing squad that executed six unarmed prisoners of war and civilians. Dzeko was admitted to the United States as a refugee before naturalizing in 2006.
In June 2014, Dzeko was convicted in a Bosnian court of war crimes against prisoners of war and war crimes against civilians, and held responsible for eight killings, including the six described above. Dzeko is still serving his 13-year prison sentence in Bosnia and Herzegovina. The Justice Department is also pursuing the denaturalization of Sammy Rasema Yetisen, aka Rasema Handanovic, one of Dzeko’s fellow soldiers and another perpetrator of the Trusina massacre.
“Those who commit such acts of inhumanity and abuse may not use lies and deceit to fraudulently call this country home,” said Brad Bench, Special Agent in Charge of Homeland Security Investigations (HSI) Seattle. “Today’s announcement marks the necessary carriage of justice, and I am proud of the professional investigators who upheld the law and order that defines our nation.”
This case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations Human Rights Violator and War Crimes Unit and the Civil Division’s Office of Immigration Litigation, District Court Section (OIL-DCS) National Security and Affirmative Litigation Unit (NS/A Unit), with consultation and support from ICE’s Office of the Principal Legal Advisor (OPLA) Human Rights Law Section and Seattle Office of the Chief Counsel, and the Criminal Division’s Human Rights and Special Prosecutions Section.
The case was jointly prosecuted by Deputy Chief Timothy Belsan and Senior Counsel for National Security Aram Gavoor of OIL-DCS’s NS/A Unit and Trial Attorney Steven Platt of OIL-DCS, and Assistant U.S. Attorney Wynne Kelly of the U.S. Attorney’s Office for the District of Columbia.
Members of the public who have information about foreign nationals or naturalized U.S. citizens suspected of engaging in human rights abuses or war crimes are encouraged to call the ICE tip line at 1-866-DHS-2-ICE or to complete its online tip form; or the Justice Department’s Human Rights and Special Prosecutions Section at 1-202-616-2492. Callers may remain anonymous.
Jury Convicts Former Mexican Federal Police Officer for Illegal Drug TransportRead the Press Release
TUSCALOOSA – A federal jury on Tuesday convicted a former Mexican federal police officer on drug possession charges for packages of cocaine and morphine found hidden in the exhaust manifold of a pickup truck he was traveling in through Alabama last year, announced U.S. Attorney Jay E. Town and Drug Enforcement Administration Assistant Special Agent in Charge Bret Hamilton.
Following a two-day trial before U.S. District Judge L. Scott Coogler, the jury found ADRIAN HERNANDEZ PORTILLO, 35, of Mexico, guilty of conspiracy to possess with intent to distribute cocaine and morphine in north Alabama in January 2017. The jury also convicted Portillo on one count of possessing cocaine with intent to distribute, and one count of possessing morphine with intent to distribute. Portillo’s co-defendant, EDUARDO MENDEZ HERNANDEZ, 23, of North Carolina, pleaded guilty in May to the conspiracy charge. Hernandez is scheduled for sentencing Oct. 30. Portillo is scheduled for sentencing Dec. 11.
“Our law enforcement is on the job everyday working to stop those who attack our borders by smuggling drugs across them,” Town said. “These defendants chose to bring illegal drugs into the United States and for that they will spend years in one of our federal prisons.”
“This case is a result of great police work on the part of one local police officer while patrolling his area of responsibility and then excellent cooperation among local and federal law enforcement agencies,” Hamilton said. “The agents and officers who worked this case more than likely saved lives and our communities are safer by sending these defendants to federal prison.”
“The vast majority of the dangerous illicit drugs being sold in the U.S. are imported from Central and South America by various drug-trafficking organizations,” Hamilton said. “Hopefully, this will serve as a warning to others who enter our country with the intent to sell poison to our residents – When we catch you, you WILL go to prison.”
An investigator with Alabama’s 17th Judicial Circuit Drug Task Force stopped a Toyota pickup truck traveling north on Interstate 20/59 in Greene County on Jan. 27, 2017. Hernandez was driving and Portillo was the only passenger, according to evidence at trial. After the two men gave inconsistent stories about the nature of their trip and the officer noticed the men had multiple cell phones, but little luggage, he requested and received consent to search the vehicle.
Officers found about 6.5 kilograms, or about 14 pounds, of cocaine and more than a pound of morphine wrapped in silver tape and hidden in a compartment built into the truck’s intake manifold, according to evidence.
U.S. Customs and Border Protection records showed that Portillo, who had served as a federal police officer in Mexico from 2007 to 2014, had driven the Toyota truck from Mexico to Texas the day before it was stopped on the interstate in Alabama, according to testimony.
The penalty for both the conspiracy charge and the possession with intent to distribute cocaine charge is 10 years to life in prison and a maximum $10 million fine. The maximum prison penalty for the possession with intent to distribute morphine charge is 20 years.
DEA and the 17th Judicial Circuit Drug Task Force investigated the case, which Assistant U.S. Attorneys Austin Shutt and Greg Dimler are prosecuting.
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Janesville Man Found Guilty of Conspiring to Distribute MethamphetamineRead the Press Release
A man who conspired with others to distribute ice methamphetamine was convicted by a jury on August 22, 2018, after a three-day trial in federal court in Cedar Rapids.
Robert Lewis, age 43, from Janesville, Iowa, was convicted of conspiracy to distribute at least 500 grams of a mixture of methamphetamine and 50 grams of actual methamphetamine. The verdict was returned August 22, 2018, following about three hours of jury deliberations.
The evidence at trial showed that in the summer of 2013, Lewis began working with others to distribute ice methamphetamine throughout the Waterloo area. Lewis and his associates obtained methamphetamine from an out-of-state source of supply. The source shipped the methamphetamine via FedEx concealed in car part boxes. Each shipment contained multiple pounds of methamphetamine. Lewis and others then broke the methamphetamine down into smaller quantities for sale once it arrived in Iowa. Lewis also used his daughter to register a vehicle for the head of the drug organization and allowed other members of the conspiracy access to his home, referred to at trial as the “clubhouse,” for the purpose of repackaging and distributing methamphetamine. Lewis left Iowa in the fall of 2013, but continued to receive methamphetamine from his associates. For example, in January 2014, one person attempted to send Lewis methamphetamine hidden in a Hamburger Skillet prepared meal box. FedEx employees flagged the package as suspicious and investigators ultimately seized a quarter ounce of methamphetamine from inside the box.
Sentencing before Chief United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared. Lewis remains in custody of the United States Marshal pending sentencing. Lewis faces a mandatory minimum sentence of ten years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and five years of supervised release following any imprisonment.
The case was prosecuted by Assistant United States Attorney Lisa C. Williams and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of Federal Bureau of Investigation, Iowa Division of Narcotics Enforcement, and the Tri-County Drug Enforcement Task Force (Waterloo Police Department; Cedar Falls Police Department; Waverly Police Department; Bremer County Sheriff’s Office; Black Hawk County Sheriff’s Office; LaPorte City Police Department; Evansdale Police Department; Hudson Police Department).
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-2084.
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Jackson Man Pleads Guilty to Aggravated Identity Theft and Falsely Using the Identity of a Veteran to Receive Government BenefitsRead the Press Release
Jackson, Miss. – Tierun Bush, 56, of Jackson, pled guilty today before U.S. District Judge Tom S. Lee to one count of aggravated identity theft and one count of theft of government funds and property, announced U.S. Attorney Mike Hurst.
From 2005 to 2018, Tierun Bush used the name, social security number and other identifiers of a U.S. military veteran to fraudulently receive medical care, narcotics, medical equipment and financial assistance with the cost of housing from the United States Department of Veterans Affairs. Bush, who is not a military veteran, was a long time patient at the G.V. "Sonny" Montgomery VA Medical Center in Jackson under the name of the victim whose identity he stole. When first approached by agents from the Department of Veterans Affairs, Bush provided the name of the victim as his own, but quickly confessed when told that the agents had already interviewed the victim, who lives out of state. As a result of his fraudulent use of the identity of a veteran, Bush was able to obtain goods and services from the government valued at over $133,000.
Bush will be sentenced by Judge Lee on November 29, 2018, and faces a maximum penalty of 10 years in federal prison and a $250,000 fine for theft of government funds, and a mandatory sentence of two years in prison for aggravated identity theft, which, by law, must be served consecutive to the term of imprisonment for theft of government funds. Restitution is mandatory under federal law.
The case was investigated by the Office of the Inspector General of the Department of Veterans Affairs. It was prosecuted by Assistant United States Attorney Dave Fulcher
High Desert Doctor Found Guilty in Medicare Kickback SchemeRead the Press Release
LOS ANGELES – A federal jury today convicted a Lancaster doctor of conspiracy for his role in a Medicare kickback conspiracy involving a Los Angeles-area home health agency.
Dr. Kanagasabai Kanakeswaran, 65, was found guilty of one count of conspiracy to pay and/or receive kickbacks for Medicare referrals and four counts of receiving kickbacks for Medicare referrals. The jury rendered its verdicts following a six-day trial.
According to evidence presented at trial, from 2008 to 2016, Kanakeswaran and others engaged in a conspiracy to refer Medicare patients to Star Home Health Resources (Star), a home health agency located in La Verne, in exchange for illegal kickback payments. Kanakeswaran received kickback payments in cash, as well as through checks payable to a company Kanakeswaran owned, Digital Perfection Corporation.
As a result of the conspiracy, the owners and operators of Star submitted claims to Medicare based on the Medicare beneficiaries that Kanakeswaran referred to Star, and Medicare paid approximately $4.1 million based on those claims, the evidence showed.
Kanakeswaran is scheduled to be sentenced by United States District Judge Philip S. Gutierrez on January 7. At that time, Kanakeswaran will face a statutory maximum penalty of 25 years in federal prison.
This case was investigated by the U.S. Department of Health and Human Services’ Office of Inspector General and the Federal Bureau of Investigation.
Assistant United States Attorney Alexander F. Porter of the Major Frauds Section and DOJ Trial Attorney Claire Yan of the Criminal Division’s Fraud Section are prosecuting the case.
Guilty Pleas in Series of Rochester Armed RobberiesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Damien Rutledge, 22, of Rochester, NY, pleaded guilty to his role in a series of five gunpoint commercial robberies that occurred in September, 2017 in Rochester, New York.
Rutledge pleaded guilty to five counts of committing or aiding and abetting Hobbs Act robbery in violation of Title 18, United States Code, Section 1951(a). Each robbery charge carries a maximum penalty of 20 years imprisonment and a $250,000 fine. Rutledge also pleaded guilty to aiding and abetting the possession of a firearm during a crime of violence that was discharged, in violation of Title 18, United States Code, Section 924(c)(1)(A)(iii). That charge carries a mandatory minimum term of imprisonment of 10 years, which by law, must be served consecutively to any sentence imposed on the robbery counts. It also carries a maximum penalty of life imprisonment and a $250,000.00 fine.
The guilty pleas were entered before United States District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Sean C. Eldridge, who is handling the case, stated that during his pleas of guilty, Rutledge admitted his role in a series of gunpoint robberies that were committed at stores within the City of Rochester between September 3, 2017 and September 23, 2017:
• On September 3, 2017, during a gunpoint robbery of the Hudson Save More on Hudson Avenue, Rutledge, along with co-conspirators Jonathan Middlebrooks, Nasir Perez and Dylan Miller, removed approximately $1,420 from the store’s cash registers.
• On September 14, 2017, during a gunpoint robbery of the 18 Hour Store on North Goodman Street, Rutledge, along with co-conspirators Middlebrooks, Perez and Miller, removed approximately $500 from the store’s cash register, while co-conspirator Deborah Siegel-Edelman served as the getaway driver.
• On September 18, 2017, during a gunpoint robbery of the Four Star Market on Lake Avenue, Rutledge, along with co-conspirators Middlebrooks, Perez and Miller removed approximately $2,650 from the store’s cash register, while Siegel-Edelman served as the getaway driver.
• On September 23, 2017, during a gunpoint robbery of the Bronx Market on Brown Street, Rutledge, along with co-conspirators Middlebrooks, Perez and Miller removed approximately $900 from the store’s cash register, while defendant Siegel-Edelman served as the getaway driver.
• Also on September 23, 2017, Rutledge, Perez, Middlebrooks and Miller were driven to the Greyhound Express Mini Mart on Carter Street by Siegel-Edelman. Middlebrooks, Perez, Miller and Rutledge entered the store, a gun was pointed at the store owner, and after a struggle between the store owner and one the robbers, a store employee removed the robber’s gun from the robber’s hand. The store employee then pointed the gun at Middlebrooks, who put his hands up, but also moved forward towards the store employee. After Middlebrooks took several steps towards the employee, the employee fired the gun, and the discharged round hit Middlebrooks in the stomach. The co-conspirators then fled the scene of the attempted robbery.Co-conspirators Middlebrooks, Miller, Perez and Siegel-Edelman have previously pleaded guilty to their roles in these robberies.
The guilty pleas by Rutledge are the result of an investigation by by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Rochester Area Major Crimes Task Force and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Sentencing is scheduled for November 29, 2018 at 3:00 pm before Judge Wolford.
Guatemalan Man Sentenced to Prison for Illegally Reentering the United StatesRead the Press Release
A Guatemalan man who illegally returned to the United States after being deported was sentenced today to more than four months in federal prison.
Pedro Isaias Jax-Tiu, age 22, a citizen of Guatemala illegally present in the United States and residing in Postville, Iowa, received the prison term after a June 4, 2018, guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Jax-Tiu admitted he had previously been deported from the United States in 2015 and illegally reentered the United States without the permission of the United States government. When Jax-Tiu was found by immigration agents in Cedar Rapids, Iowa, in April 2018, Jax-Tiu provided the agents with a false name and date of birth. Analysis of Jax-Tiu’s fingerprints established his true name and prior deportation.
Jax-Tiu was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Jax-Tiu was sentenced to 127 days’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Jax-Tiu is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-40-LTS.
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Fourth Brazilian National Pleads Guilty to Aggravated Identity Theft in Card-Skimming SchemeRead the Press Release
U.S. Attorney Duane A. Evans announced that FERNANDO FINATTO MINGUZZI (“MINGUZZI”), age 22, a citizen of Brazil, pleaded guilty on August 22, 2018, before U.S. District Judge Sarah S. Vance to aggravated identity theft.
According to the court documents, MINGUZZI and three other Brazilian nationals were arrested by members of the Louisiana Financial Crimes Task Force at a hotel in the Algiers neighborhood of New Orleans on August 3, 2017. Federal and state law enforcement officers found the defendants in possession of re-encoded credit cards that contained stolen debit card information from actual customers. These individuals also possessed embossers, encoders, ATM skimmers, false identification, and other contraband. In a coordinated investigation with the U.S. Secret Service Oklahoma City Field Office, federal and state law enforcement agents arrested another Brazilian national who had been mailing skimmers, pinhole cameras, and other tools for credit card fraud to the four New Orleans-based members of this conspiracy.
MINGUZZI pleaded guilty to one count of aggravated identity theft in violation of Title 18, United States Code, Section 1028A. He faces a mandatory sentence of two years in prison, one year of supervised release, and a $250,000.00 fine or a fine equal to the greater of twice the gross gain or twice the gross loss caused by this offense. Judge Vance scheduled the sentencing for December 12, 2018.
U.S. Attorney Evans praised the agencies that contributed to this investigation, which was a coordinated effort among federal and state law enforcement authorities within the Louisiana Financial Crimes Task Force. The Task Force includes representatives from the U.S. Secret Service, the U.S. Postal Inspection Service, the Louisiana Attorney General’s Office, the Jefferson Parish Sheriff’s Department, and the New Orleans Police Department. U.S. Attorney Evans thanked the U.S. Secret Service Oklahoma City Field Office and the Midwest City, OK Police Department for their assistance. Assistant United States Attorney Matthew R. Payne is in charge of the prosecution.
Four drug-trafficking defendants found guilty in federal courtRead the Press Release
Sinaloa Drug Cartel members face up to life in prison at sentencing
PRESS RELEASE
Indianapolis-United States Attorney Josh Minkler announced today that four members of the Sinaloa Drug Cartel were found guilty in federal court after a ten-day trial before U. S. District Court Judge Tanya Walton Pratt. All could spend the rest of their lives in the Bureau of Prisons.
“The flow of illicit drugs including heroin and methamphetamine into our district ruins lives and destroys families,” said Minkler. “These drugs fuel a great deal of the violent crime we face daily in our neighborhoods through murders, non-fatal shootings and robberies.”
Rafael Rojas-Reyes, 37, Indianapolis, was found guilty of engaging in a continuing criminal enterprise, conspiracy to distribute controlled substances, conspiracy to launder monetary instruments, and distribution of methamphetamine.
Hector Saul Castro-Aguirre, 39, Nogales, Mexico, was found guilty of engaging in a continuing criminal enterprise, conspiracy to distribute controlled substances, and conspiracy to launder monetary instruments.
John Ramirez-Prado, 35, Houston, Texas, was found guilty of conspiracy to distribute controlled substances, and conspiracy to launder monetary instruments.
Jose Manuel Carrillo-Tremillo, 41, Redding, Pennsylvania, was found guilty of conspiracy to distribute controlled substances and conspiracy to launder monetary instruments.
Evidence introduced at trial established that Castro-Aguirre, Rojas-Reyes, and Carrillo-Tremillo were members of the Mexico-based Sinaloa Cartel. After other members of the Sinaloa Cartel smuggled methamphetamine and cocaine across the Mexican border, Castro-Aguirre coordinated the activities of drug couriers who transported drugs from Tucson, Arizona and Montebello, California to other cities in the United States for distribution. The cities that received controlled substances from Castro-Aguirre’s transportation network included the following: Indianapolis; Lufkin, Texas; Reading, Pennsylvania; New Brunswick, New Jersey; Queens, New York; and Columbus, Ohio. Rojas-Reyes was the leader of an Indianapolis-based methamphetamine and cocaine distribution cell for the Cartel and controlled the distribution of these substances in Indianapolis. Carrillo-Tremillo served as the leader of a cocaine distribution cell for the cartel based in Reading, Pennsylvania.
Federal prosecutors believe that these defendants were responsible for distributing approximately 200 pounds of methamphetamine and 20 kilograms of cocaine, with a retail value of over $2.2 million and a wholesale value of over $9 million in Indianapolis. The defendants were responsible for distributing an additional 28 pounds of methamphetamine and 390 kilograms of cocaine, with a retail value of over $12 million and a wholesale value of over $40 million in other areas of the United States. As a result of the investigation, law enforcement was able to seize over 90 pounds of methamphetamine, 12 kilograms of cocaine and $2.5 million in cash.
This case was investigated by the Drug Enforcement Administration, Internal Revenue Service, IMPD, the Indianapolis Metro Drug Task Force, the Somerset County (New Jersey) Prosecutor’s Office, the Texas Department of Public Safety and the Illinois State Police.
“Drug cartels feed on the addiction of Hoosiers who struggle with drug abuse,” said Assistant Special Agent in Charge for DEA in Indiana Greg Westfall. “Those who continue to bring this poison into our neighborhoods should know, the DEA is watching and will bring the full force of federal law enforcement to bear.”
“IRS Criminal Investigation, along with our law enforcement partners will continue to investigate and prosecute narcotic traffickers and other offenders to keep the communities in which we live a safer place,” said IRS Criminal Investigation Special Agent in Charge Gabriel L. Grchan. “IRS CI has the financial investigators and expertise that is critical to locating and following the money which is a key component of this drug and money laundering conviction.”
“The proliferation of illegal drugs often leads to broken lives, distressed neighborhoods, and dejected communities often due to violence,” said Chief Bryan Roach. “The combined efforts of federal, state and local law enforcement are aiding communities, individuals, and neighborhoods restore some sense of normalcy and peace while holding those accused accountable.”
According to Senior Litigation Counsel Bradley A. Blackington, who prosecuted this case for the government, all defendants could face a lifetime of imprisonment at sentencing. Judge Pratt scheduled the sentencings for Castro-Aguirre and Rojas-Reyes for January 10, 2019, and the sentencings for Ramirez-Prado and Carrillo-Tremillo for January 11, 2019.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the Office’s firm commitment to prosecuting transnational drug-trafficking organizations that threaten the Southern District of Indiana. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 3.1
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Four Tulare County Residents Charged with Producing and Selling False Identification DocumentsRead the Press Release
FRESNO, Calif. — A federal grand jury returned a seven-count indictment today against Elfego Alcala, 46; Aida Corona, 37; Tamilene Cisneros, 48; and Lupita Cisneros, charging them with conspiracy, production and transfer of false identification documents, and fraud and misuse of visas, United States Attorney McGregor W. Scott announced.
According to court documents, from approximately February through August of 2018, in Tulare County and Visalia, the defendants conspired to manufacture and sell false identification documents, including Social Security cards and green cards. During the relevant time period, the defendants allegedly arranged for the production and sale of green cards and Social Security cards to a confidential informant on two occasions.
This case is the product of an investigation by Homeland Security Investigations. Assistant United States Attorney Laura D. Withers is prosecuting the case.
If convicted, the defendants face a maximum statutory penalty of 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.
Four Defendants Sentenced for Roles in Federal Heroin ConspiracyRead the Press Release
Comprehensive drug investigation resulted in convictions of nearly a dozen defendants
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that four defendants implicated in a federal heroin conspiracy were sentenced today. Stuart commended the collaborative investigative efforts of the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Parkersburg Drug Task Force, the West Virginia State Police, the Wood County Sheriff’s Department, and the Police Departments of the cities of Parkersburg, Vienna, and Williamstown.
“Heroin - a true scourge driven by greedy dealers and addicted buyers,” said United States Attorney Mike Stuart. “If you are a drug dealer and we catch you, I will do all in my power to lock you away as long as possible. I have no sympathy whatsoever for a drug thug that ravages addicts and weakens the social fiber of our communities. This investigation was a great team effort and we are committed to continuing to work with our law enforcement partners to lock up greedy drug dealers who prey on our citizens.”
Joseph Reeder-Shaw was sentenced to 144 months in prison and Marvin Brown, Jonathan White and Rachel Kuhn of Parkersburg were sentenced to 60 months in prison for conspiracy to distribute 100 grams or more of heroin.
All four defendants previously admitted to their involvement with several other individuals in distributing heroin at various locations throughout the Parkersburg area. The group was responsible for distributing between one and three kilograms of heroin.
Debra Martin, Ralph White, Heather Wells, and Kennedy Walker, all co-defendants involved in the same conspiracy as the four defendants sentenced today, will be sentenced on Monday.
Assistant United States Attorney John Frail is in charge of these prosecutions. The plea hearings were held before United States District Judge Joseph R. Goodwin.
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###Former WV Supreme Court of Appeals Justice Menis Ketchum II Pleads Guilty to Wire FraudRead the Press Release
CHARLESTON, W.Va. -- United States Attorney Mike Stuart announced today that former West Virginia Supreme Court of Appeals Justice Menis E. Ketchum II, age 75, pled guilty to wire fraud. The Federal Bureau of Investigation, the West Virginia Legislature’s Commission on Special Investigations, and the Internal Revenue Service—Criminal Investigation Division conducted the investigation.
“Justice Ketchum did the right thing for doing the wrong thing,” said United States Attorney Mike Stuart. “There is no such thing as a small felony. There is no such thing as a little bit of public corruption. I want to praise the exemplary work of the FBI, the West Virginia Legislature’s Commission on Special Investigations, the Internal Revenue Service-Criminal Investigations, and prosecutors Anna Forbes and Phil Wright.”
Justice Ketchum served as a Supreme Court Justice from January 1, 2008 through July 27, 2018. During that time, he admitted to repeated personal use of a State of West Virginia vehicle and State fuel credit card over the course of 2011 through 2014 in connection with his travel from his home in Huntington, West Virginia to and from a private golf club in western Virginia. The roundtrip mileage for each of these golf outings was approximately 400 miles and cost the taxpayers of West Virginia approximately $220 per trip.
Justice Ketchum faces up to 20 years in prison when he is sentenced on December 6, 2018.
United States District Judge John T. Copenhaver, Jr. presided over the plea hearing. Assistant United States Attorneys Anna Forbes and Phil Wright are handling the prosecution.
The plea agreeement can be found
here .Follow us on Twitter: SDWVNews
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Former Student Sentenced for Causing Damage to University of Iowa Computer NetworkRead the Press Release
DAVENPORT, IA-- On August 23, 2018, Trevor J. Graves, age 23, a former University of Iowa student, was sentenced by United States District Court Chief Judge John A. Jarvey to four months in prison after pleading guilty to unauthorized access and damage to the University of Iowa college computer network, announced United States Attorney Marc Krickbaum. Graves was ordered to serve two years of supervised release, pay $67,900 in restitution, and pay $100 to the Crime Victims’ Fund. Graves pleaded guilty in April 2018.
Graves admitted he knew from May 2015 to November 15, 2016, the University of Iowa Iowa Courses Online (ICON) computer network was a protected computer. During this time period, Graves knowingly and intentionally placed a key logger on University of Iowa computers and fraudulently obtained professors’ user names and passwords, accessed the ICON computer network, and deleted and changed student grades. Specifically, Graves accessed the ICON system and, without authorization, changed course grades for himself and five other students. The University of Iowa’s information technology costs associated with their internal investigation, response to the discovery of the network breach, and remedial steps taken to update the University of Iowa information technology security was approximately $67,900.
This investigation was conducted by the Federal Bureau of Investigation, University of Iowa Department of Public Safety, and University of Iowa, Information Services Technology division. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Former Memphis attorney Charged in Scheme to Defraud ClientsRead the Press Release
Memphis, TN – A federal grand jury returned an indictment against former Memphis attorney George E. Skouteris, Jr. 56. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the indictment today.
The seven-count indictment alleges that between 2007 and March 2013, Skouteris engaged in a scheme to defraud his clients by settling cases without notifying his clients and forging their endorsements on the settlement checks made jointly payable to him and the client. The indictment alleges that Skouteris then deposited the checks to bank accounts he maintained at TrustOne Bank. According to the indictment, Skouteris fraudulently obtained in excess of $250,000 during the course of the scheme.
U.S. Attorney D. Michael Dunavant said, "Licensed attorneys who steal from their clients betray the trust of that fiduciary relationship, and are a threat to the public. This indictment exposes that breach of trust, and will hopefully achieve justice by recovering restitution for the victims and reminding the legal community of the high standards of their profession."
Skouteris faces a mandatory maximum penalty of 30 years imprisonment, a fine of $1,000,000 and five years supervised release as to each count.
This case was investigated by the Tennessee Bureau of Investigation.
Assistant U.S. Attorney Carroll L. André III is prosecuting this case on the government’s behalf.
Former Medford Youth Pastor Sentenced to More Than 15 Years in Federal Prison for Secretly Videotaping MinorsRead the Press Release
MEDFORD, Ore. – Donald Courtney Biggs, 40, of Medford, Oregon, was sentenced today to 188 months in federal prison for surreptitiously recording minor church members in various stages of undress while employed as a youth pastor at Mountain Christian Fellowship in Medford.
According to court documents, the Medford Police Department (MPD) began investigating Biggs in December 2014 for allegedly sending inappropriate text messages to a minor female who he worked with at the church. After authorities discovered Biggs had exchanged similar text messages with additional minor females and confessed to church administrators that he videotaped an adult changing at his house, they obtained a warrant to search Biggs’ home.
The search uncovered multiple electronic devices containing videos of minors and adults undressing and getting into and out of a shower in Biggs’ home. Biggs concealed a video camera behind a light switch in a bathroom in his home in Jacksonville, Oregon used by minor and adult females during youth events hosted at his house. The camera captured victims nude as they were using the toilet, changing clothes, and showering. In a similar manner, Biggs also concealed videos cameras in bathrooms on church retreats to Huntington Beach and Lake Shasta, California.
Biggs later admitted to secretly recording many of the girls in his youth group at his house, the church, and at several different church events. He also admitted to designing activities that required youth group members to change clothes and sometimes shower.
Biggs was charged on November 2, 2017 with nine counts of using or attempting to use a minor to produce a visual depiction of sexually explicit conduct and three counts of transportation with intent to engage in criminal sexual activity with a minor for illicit acts involving nine different minor victims.
Biggs pleaded guilty to a single count of transportation with intent to engage in criminal sexual activity with a minor on February 22, 2017. Upon completion of his prison sentence, Biggs will be on supervised release for life.
This case was investigated by the FBI, MPD, and the Southern Oregon High Tech Crimes Task Force. It was prosecuted by Judi Harper, Amy Potter, and Pamela Paaso, Assistant U.S. Attorneys for the District of Oregon.
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 U.S. 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.
Anyone who has information about the physical or online exploitation of children are encouraged to call the FBI at (503) 224-4181 or submit a tip online at www.fbi.gov/tips.
Former Indiana Resident Charged with Providing and Conspiring to Provide Material Support to ISISRead the Press Release
Samantha Marie Elhassani, aka Samantha Sally, 32, formerly of Elkhart, Indiana, was charged on Aug. 22, in a two count indictment with conspiring to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated terrorist organization, and aiding and abetting individuals in providing material support to ISIS.
The charges were announced by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Thomas L. Kirsch II for the Northern District of Indiana, and Special Agent in Charge Grant Mendenhall of the FBI’s Indianapolis Division.
The indictment alleges that from the fall of 2014 through summer of 2015, Elhassani provided material support and resources to ISIS knowing that the organization was a designated terrorist organization, and knowing that the organization has engaged in and was engaging in terrorist activity and terrorism. Elhassani, is also charged with aiding and abetting two individuals in providing themselves as personnel to ISIS. Under both charges she is alleged to have procured tactical gear and provided funds to support individual A and B in providing themselves as personnel for ISIS. In July of 2018, Elhassani was transferred from the custody of the Syrian Democratic Forces (SDF) to U.S. law enforcement and charged with making false statements to the FBI in the Northern District of Indiana.
The case is being investigated by the FBI’s Indianapolis Division and the Indianapolis Joint Terrorism Task Force. The case is being prosecuted by the U.S. Attorney’s Office for the Northern District of Indiana and the National Security Division’s Counterterrorism Section.
Former Indiana Resident Charged with Providing and Conspiring to Provide Material Support to ISISRead the Press Release
HAMMOND-Samantha Marie Elhassani, aka Samantha Sally, 32, formerly of Elkhart, Indiana, was charged on Aug. 22, in a two count indictment with conspiring to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated terrorist organization, and aiding and abetting individuals in providing material support to ISIS.
The charges were announced by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Thomas L. Kirsch II for the Northern District of Indiana, and Special Agent in Charge Grant Mendenhall of the FBI’s Indianapolis Division.
U.S. Attorney Kirsch said, “My office is committed to aggressively pursuing and prosecuting those who support designated terrorist organizations such as ISIS. This indictment is an example of that commitment. The indictment alleges that Elhassani travelled abroad and provided funds and supplies for use by two ISIS fighters. The seriousness of the charges reflect the gravity of Elhassani’s alleged conduct.”
"The charges against Ms. Elhassani illustrate that actions of providing support to ISIS have serious consequences, and should serve as a reminder to American citizens that providing assistance to terrorist organizations or individuals aligned with terrorist entities will not be tolerated," said Grant Mendenhall, Special Agent in Charge of the FBI's Indianapolis Division.
The indictment alleges that from the fall of 2014 through summer of 2015, Elhassani provided material support and resources to ISIS knowing that the organization was a designated terrorist organization, and knowing that the organization has engaged in and was engaging in terrorist activity and terrorism. Elhassani, is also charged with aiding and abetting two individuals in providing themselves as personnel to ISIS. Under both charges she is alleged to have procured tactical gear and provided funds to support individual A and B in providing themselves as personnel for ISIS. In July of 2018, Elhassani was transferred from the custody of the Syrian Democratic Forces (SDF) to U.S. law enforcement and charged with making false statements to the FBI in the Northern District of Indiana.
The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
The case is being investigated by the FBI’s Indianapolis Division, Merrillville Resident Agency and the Indianapolis Joint Terrorism Task Force. The case is being prosecuted by the U.S. Attorney’s Office for the Northern District of Indiana and the National Security Division’s Counterterrorism Section.
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Former Company Owner Sentenced for $13.7 Million 'Rent-A-Vet' SchemeRead the Press Release
KANSAS CITY, Mo. – A former operator of a local construction company, Patriot Company, Inc., was sentenced in federal court today for his role in a “rent-a-vet” scheme to fraudulently obtain more than $13.7 million in federal contracts.
Jeffrey K. Wilson, 53, of the Village of Loch Lloyd in Belton, Mo., was sentenced by U.S. District Judge Howard F. Sachs to 18 months in federal prison without parole. Under the terms of his plea agreement, Wilson has also consented to the federal civil forfeiture of approximately $2.1 million.
On Jan. 31, 2018, Wilson pleaded guilty to one count of government program fraud. Co-defendant Paul R. Salavitch, 57, of Kansas City, Mo., pleaded guilty to a misdemeanor charge of making a false writing and awaits sentencing.
Wilson, who is not a veteran, managed the day-to-day operations and the long-term decision making of Patriot Company from September 2005 to January 2014. Wilson and Salavitch falsely certified that Salavitch, who is a service-disabled veteran, was involved in the day-to-day operations of Patriot Company. Salavitch’s purported active management qualified Patriot Company to obtain set-aside contracts to which it was not entitled.
Wilson admitted he used Salavitch’s veteran and service-disabled veteran status in a “rent-a-vet” scheme to obtain 20 government contracts for which Patriot Company received more than $13.7 million. As a result of the fraud scheme, legitimate veteran-owned-and-run businesses were not awarded these contracts. In one instance, according to court documents, Wilson brazenly challenged the government’s award of a set-aside contract to a service-disabled veteran bidder and Patriot Company fraudulently obtained that contract.
Wilson’s plea agreement cites 20 contracts with the U.S. Department of Veterans Affairs and the U.S. Army, which were fraudulently obtained by Wilson, Salavitch and Patriot Company. The contracts, which ranged as high as $4.3 million, included construction projects in Missouri, South Dakota, Texas, Nebraska, Oklahoma, Michigan, Indiana, Tennessee, Iowa, Illinois and North Dakota.
In September 2013, the Veterans Administration conducted an unannounced site visit of Patriot Company. The site inspector discovered that Salavitch was working 40 miles away at his full-time job as a federal employee with the Department of Defense in Leavenworth, Kan.
Wilson did not stop violating the law even after the government’s site visit. Instead, Wilson and Salavitch fought cancellation of Patriot Company’s status. In November 2013, Salavitch falsely certified to the Missouri Division of Purchasing and Materials Management that Patriot Company was a legitimate service-disabled veteran-owned small business when he knew it was not because he did not actively run the company. In December 2013, the Veterans Administration de-certified Patriot Company.
This case is being prosecuted by Assistant U.S. Attorneys Stacey Perkins Rock, Curt Bohling and Jane Pansing Brown. It was investigated by the Department of Veterans Affairs – Office of Inspector General – Criminal Investigation Division and the General Services Administration – Office of Inspector General.
Former Background Investigator for Federal Government Sentenced for Making a False StatementRead the Press Release
WASHINGTON – Jeffrey S. Kahn, 51, a former background investigator who did work under contract for the U.S. Office of Personnel Management (OPM), has been sentenced to one month of incarceration, to be followed by five months of home detention, for falsifying his work on background investigations of federal employees and contractors.
The announcement was made by U.S. Attorney Jessie K. Liu and Norbert E. Vint, Acting Inspector General for the Office of Personnel Management.
Kahn, of Saratoga Springs, Utah, pled guilty in June 2018, in the U.S. District Court for the District of Columbia, to making a false statement. He was sentenced on August 20, 2018, by the Honorable Ketanji Brown Jackson. Following the period of incarceration, Kahn will be placed on 24 months of supervised release; the first five months of that term must be spent on home detention. Additionally, as part of the plea, Kahn has agreed to pay $77,649 in restitution to the federal government.
According to a statement of offense submitted to the Court, Kahn was employed by KeyPoint Government Solutions as an investigator under contract to conduct background investigations on behalf of OPM’s Federal Investigative Services, which now is known as OPM’s National Background Investigations Bureau. All of the criminal conduct in this case took place while Kahn worked under contract on behalf of Federal Investigative Services.
Between May 2013 and August 2013, in more than 18 Reports of Investigations on background investigations, Kahn represented that he had interviewed a source or reviewed a record regarding the subject of the background investigation. In fact, he had not conducted the interviews or obtained the records of interest. These reports were utilized and relied upon by the agencies requesting the background investigations to determine whether the subjects were suitable for positions having access to classified information, for positions impacting national security, for receiving or retaining security clearances, or for positions of public trust.
Kahn’s false representations have required OPM to reopen and rework numerous background investigations that were assigned to him during the time period of his falsifications, at an estimated cost of at least $77,649 to the U.S. government.
OPM has a robust integrity assurance program which utilizes a variety of methods to ensure the accuracy of reported information. The falsification of investigative case work by the defendant was detected through the program.
This is one of numerous cases prosecuted by the U.S. Attorney’s Office for the District of Columbia since 2008 involving false representations by background investigators and record checkers working on federal background investigations. In addition to Kahn, 23 other background investigators and two record checkers have been convicted of charges.
With a staff of more than 9,900 federal and contract employees, the National Background Investigations Bureau (NBIB) conducts approximately 95 percent of all personnel background investigations for the federal government. NBIB processed over 2.5 million background investigations in the 2017 fiscal year.
In performing background investigations, the investigators conduct interviews of individuals who have information about the person who is the subject of the review. In addition, the investigators seek out, obtain, and review documentary evidence, such as employment records, to verify and corroborate information provided by either the subject of the background investigation or by persons interviewed during the investigation. After conducting interviews and obtaining documentary evidence, the investigators prepare a Report of Investigation containing the results of the interviews and document reviews, and electronically submit the material to OPM in Washington, D.C. OPM then provides a copy of the investigative file to the requesting agency, which can use the information to determine an individual’s eligibility for employment or a security clearance.
In announcing the sentence, U.S. Attorney Liu and Acting Inspector General Vint praised the efforts of Special Agent Christopher J. Sulhoff, OPM, Office of the Inspector General, and Philip Kroop and Kevin Cassidy, OPM, NBIB. They also acknowledged the work of Paralegal Specialists Aisha Keys and Joshua Fein of the U.S. Attorney’s Office, as well as Assistant U.S. Attorney Ellen Chubin Epstein, who investigated and prosecuted this matter.
Florida Man Arrested for Extensive Cyberstalking and Threats CampaignRead the Press Release
BOSTON – A Florida man was arrested today and charged in federal court in Boston with conducting an extensive cyberstalking campaign that targeted his former classmate, a 30-year-old Massachusetts woman.
Byron A. Cardozo, 34, residing in Jacksonville and Boca Raton, Fla., was indicted on one count of cyberstalking and one count of making interstate threats. Cardozo was detained following an initial appearance in the Southern District of Florida and will be transported to Boston at a later date.
According to the indictment, Cardozo engaged in an 18-month-long multi-faceted cyberstalking and threats campaign targeting the victim. He began in February 2017, shortly after the victim published an essay in an online magazine describing a one-time, traumatic sexual encounter she had with Cardozo (she used pseudonyms in the article) when she was approximately 13-years-old and he was approximately 17-years-old while they attended the same school in Florida.
Cardozo allegedly sent hundreds of online communications, many of which he posted in the “comments” section of the essay, accusing the victim of fabricating her claims about the coercive nature of the 2001 sexual encounter, provided graphic descriptions of his purported consensual sexual encounter with the victim, and described how he continued to masturbate to the victim’s photographs. It is further alleged that Cardozo made threats to injure the victim, and at other times, he also apologized to her for the traumatic sexual experience, asked for forgiveness, expressed his love for her, and made veiled threats to commit suicide “because of you.” Cardozo continued to harass and threaten the victim despite the fact that she had obtained a state court order in April 2017, forbidding him from communicating with her.
United States Attorney Andrew E. Lelling; Assistant Attorney General Brian Benczkowski of the Justice Department’s Criminal Division; and Harold H. Shaw, Special Agent in Charge Federal Bureau of Investigation, Boston Field Office, made the announcement. Assistant U.S. Attorney Amy Harman Burkart, Chief of Lelling’s Cyber Crime Unit and Senior Trial Attorney Mona Sedky of the Criminal Division’s Computer Crime and Intellectual Property Section are prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Florida Man Arrested and Charged with Extensive Cyberstalking and Threats CampaignRead the Press Release
A Florida man was arrested today and charged in U.S. District Court in Boston with conducting an extensive cyberstalking campaign that targeted his former schoolmate, a 30-year-old Massachusetts woman. The victim’s name is being withheld to protect her privacy.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Andrew Lelling of the District of Massachusetts and Special Agent in Charge Harold H. Shaw of the FBI’s Boston Field Office made the announcement.
Byron A. Cardozo, 34, residing in Jacksonville and Tamarac, Florida, was charged in a recently unsealed indictment with one count of cyberstalking and one count of making interstate threats. Cardozo was detained following an initial appearance before U.S. District Court Magistrate Judge Patrick M. Hunt in the Southern District of Florida.
According to the unsealed indictment, Cardozo is charged with engaging in an 18-month-long multi-faceted cyberstalking and threats campaign targeting the victim. He launched his campaign in February 2017, shortly after the victim wrote, and had published in an online magazine, an essay describing a one-time, traumatic sexual encounter she had with Cardozo when she was approximately 13 and he was approximately 17 and they attended the same school in Florida. She used pseudonyms for Cardozo and others in the essay. He sent hundreds of online communications, many of which he made in the “comments” section to the essay. In those communications, Cardozo claimed that the victim had fabricated her claims about the coercive nature of the 2001 sexual encounter, provided graphic descriptions of his purported consensual sexual encounter with the victim, and described how he continued to masturbate to the victim’s photographs. Cardozo also made express and implicit threats to injure the victim. At other times, he also apologized to her for the traumatic sexual experience in 2001, asked for forgiveness, expressed his love for her, and made veiled threats to commit suicide “because of you.” Cardozo continued to harass and threaten the victim despite the fact that she had obtained a state court order in April 2017, forbidding him from communication with her.
The FBI is investigating the case. Senior Trial Attorney Mona Sedky of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Amy Harman Burkart of the District of Massachusetts are prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Federal Jury Convicts Hope Mills and Fayetteville Residents for Bank FraudRead the Press Release
NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that yesterday, AMONI BROWN, 20, of Hope Mills, NC, and DONNELL MARIO BRATTON, 38, of Fayetteville, NC, were convicted following a three-day jury trial before United States District Judge Louise W. Flanagan. The jury found BROWN guilty of one count of conspiracy to commit bank fraud and two counts of bank fraud and aiding and abetting. The jury found BRATTON guilty of one count of conspiracy to commit bank fraud and five counts of bank fraud and aiding and abetting.
The evidence at trial showed that in September 2016, BROWN and a co-conspirator deposited over $6,700.00 in stolen and altered checks into BROWN’s bank account and subsequently withdrew approximately $3,900.00 from the account. Similarly, the evidence showed that in January 2017, over a three week period, BRATTON and a co-conspirator, deposited over $47,000.00 in stolen and altered checks into BRATTON’s bank account and subsequently withdrew or attempted to withdraw over $37,000.00 from the account.
The sentencing hearings for BROWN and BRATTON are tentatively set for the December 2018 term of court. The statutory maximum penalties for each count of conspiracy to commit bank fraud and bank fraud are the same: 30 years imprisonment, a $1,000,000 fine, and 5 years supervised release. At the time of sentencing, the actual sentence received will be calculated according to the federal sentencing guidelines and imposed by the United States District Judge.
The investigation of this case was conducted by the United States Postal Inspection Service. Assistant United States Attorneys Melissa Kessler and Felice McConnell Corpening represented the government in this case.
Federal Grand Jury Indicts Man for Bank RobberyRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced that JAMIE PAUL EARLY, age 36, a resident of New Orleans, Louisiana, was charged in a one-count indictment by a Federal Grand Jury for a bank robbery committed on July 27, 2018 at the Capital One Bank at 3001 Tulane Avenue in New Orleans.
If convicted, EARLY faces a maximum term of imprisonment of 20 years and a fine up to $250,000.
U. S. Attorney Evans reiterated that the indictment is merely a charge 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.
The case was investigated by the Federal Bureau of Investigation. It is being prosecuted by the Violent Crime/Strike Force Unit of the U.S. Attorney’s Office.
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Federal Government Contractor Sentenced for Removing and Transmitting Classified Materials to a News OutletRead the Press Release
Reality Winner, 26, of Augusta, Georgia, was sentenced today to five years and three months in prison for removing classified national defense material from a government facility and mailing it to a news outlet. Winner was arrested by the FBI at her home in Augusta, on June 3, 2017. The parties filed a plea agreement on June 21, in which Winner agreed to plead guilty to the one-count indictment charging her with unlawful retention and transmission of national defense information. The parties agreed that a sentence of imprisonment for 63 months followed by a three-year term of supervised release is the appropriate disposition of the case. The Court accepted the plea agreement at sentencing.
The sentence was announced by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Bobby L. Christine for the Southern District of Georgia, and Special Agent in Charge J.C. Hacker of the FBI’s Atlanta Field Office. U.S. District Court Chief Judge J. Randal Hall presided over the hearing.
“The defendant schemed to take and disclose classified information she had sworn to protect – and then did so almost as soon as she had the chance,” said Assistant Attorney General Demers. “Today, she has been held accountable for her crime thanks to the hard work of the Department’s prosecutors and agents. I hope their success will deter others from similar unlawful action in the future.”
“This defendant used her position of trust to steal and divulge closely guarded intelligence information,” said U.S. Attorney Christine. “Her betrayal of the United States put at risk sources and methods of intelligence gathering, thereby offering advantage to our adversaries. This U.S. Attorney’s Office will continue to work with the National Security Division, law enforcement and our intelligence partners to ensure such violations result in swift, certain prosecution.”
“When obtaining Top Secret clearance as a government employee or contractor, the handling of top secret information is clearly spelled out along with the ramifications of mishandling such information,” said Special Agent in Charge Hacker. “Revealing sources and methods to the advantage of our adversaries and to the detriment of our country will never be acceptable and the FBI and Department of Justice will spare no effort to prosecute and punish anyone who would do so.”
Winner was a contractor assigned to a U.S. government agency facility in Georgia. She had been employed at the facility since on or about Feb. 13, 2017, and held a TOP SECRET//Sensitive Compartmented (SCI) clearance during that time. Prior to that position, Winner had served in the U.S. Air Force from 2010-2016 and held a TOP SECRET//SCI security clearance.
Evidence presented at the change of plea hearing established that on or about May 9, 2017, Winner printed an intelligence report that was classified at the TOP SECRET//SCI level, and she removed it from the facility where she worked. Information may be classified as TOP SECRET if its unauthorized disclosure can reasonably be expected to cause exceptionally grave damage to the national security of the United States. Later on May 9, Winner unlawfully transmitted a hard copy of the intelligence report to an online news outlet. The intelligence report revealed the sources and methods used to acquire the information contained in the report, which, if disclosed, would be harmful to the United States and valuable to our adversaries.
Indeed, Winner, in an interview with the FBI on June 3, 2017, admitted knowing at the time she stole and transmitted the intelligence report that it contained information about intelligence sources and methods, which information she knew was valuable to adversaries of the United States. Further, the information contained in the intelligence report had not been released to the public at the time Winner retained it and transmitted it to the online news outlet. Winner, who had received training regarding the proper handling, marking, transportation, and storage of classified information, knew that she was not permitted to remove the intelligence report from the facility where she worked, retain it, or transmit it to the news outlet.
The investigation of this case was conducted by the FBI. The prosecution is being handled by Assistant U.S. Attorney Jennifer Solari of the Southern District of Georgia, and Deputy Chief Julie A. Edelstein and Trial Attorneys David C. Aaron and Amy Larson of the National Security Division’s Counterintelligence and Export Control Section.
Federal Government Contractor Sentenced for Removing and Transmitting Classified Materials to A News OutletRead the Press Release
AUGUSTA, GA – Reality Winner, 26, of Augusta, Georgia, was sentenced today to five years and three months in prison for removing classified national defense material from a government facility and mailing it to a news outlet. Winner was arrested by the FBI at her home in Augusta, on June 3, 2017. The parties filed a plea agreement on June 21, in which Winner agreed to plead guilty to the one-count indictment charging her with unlawful retention and transmission of national defense information. The parties agreed that a sentence of imprisonment for 63 months followed by a three-year term of supervised release is the appropriate disposition of the case. The Court accepted the plea agreement at sentencing.
The sentence was announced by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Bobby L. Christine for the Southern District of Georgia, and Special Agent in Charge J.C. Hacker of the FBI’s Atlanta Field Office. U.S. District Court Chief Judge J. Randal Hall presided over the hearing.
“The defendant schemed to take and disclose classified information she had sworn to protect – and then did so almost as soon as she had the chance,” said Assistant Attorney General Demers. “Today, she has been held accountable for her crime thanks to the hard work of the Department’s prosecutors and agents. I hope their success will deter others from similar unlawful action in the future.”
“This defendant used her position of trust to steal and divulge closely guarded intelligence information,” said U.S. Attorney Christine. “Her betrayal of the United States put at risk sources and methods of intelligence gathering, thereby offering advantage to our adversaries. This U.S. Attorney’s Office will continue to work with the National Security Division, law enforcement and our intelligence partners to ensure such violations result in swift, certain prosecution.”
“When obtaining Top Secret clearance as a government employee or contractor, the handling of top secret information is clearly spelled out along with the ramifications of mishandling such information,” said Special Agent in Charge Hacker. “Revealing sources and methods to the advantage of our adversaries and to the detriment of our country will never be acceptable and the FBI and Department of Justice will spare no effort to prosecute and punish anyone who would do so.”
Winner was a contractor assigned to a U.S. government agency facility in Georgia. She had been employed at the facility since on or about Feb. 13, 2017, and held a TOP SECRET//Sensitive Compartmented (SCI) clearance during that time. Prior to that position, Winner had served in the U.S. Air Force from 2010-2016 and held a TOP SECRET//SCI security clearance.
Evidence presented at the change of plea hearing established that on or about May 9, 2017, Winner printed an intelligence report that was classified at the TOP SECRET//SCI level, and she removed it from the facility where she worked. Information may be classified as TOP SECRET if its unauthorized disclosure can reasonably be expected to cause exceptionally grave damage to the national security of the United States. Later on May 9, Winner unlawfully transmitted a hard copy of the intelligence report to an online news outlet. The intelligence report revealed the sources and methods used to acquire the information contained in the report, which, if disclosed, would be harmful to the United States and valuable to our adversaries.
Indeed, Winner, in an interview with the FBI on June 3, 2017, admitted knowing at the time she stole and transmitted the intelligence report that it contained information about intelligence sources and methods, which information she knew was valuable to adversaries of the United States. Further, the information contained in the intelligence report had not been released to the public at the time Winner retained it and transmitted it to the online news outlet. Winner, who had received training regarding the proper handling, marking, transportation, and storage of classified information, knew that she was not permitted to remove the intelligence report from the facility where she worked, retain it, or transmit it to the news outlet.
The investigation of this case was conducted by the FBI. The prosecution is being handled by Assistant U.S. Attorney Jennifer Solari of the Southern District of Georgia, and Deputy Chief Julie A. Edelstein and Trial Attorneys David C. Aaron and Amy Larson of the National Security Division’s Counterintelligence and Export Control Section.
For any questions, please contact the United States Attorney’s Office at (912) 652-4422.
Fairfield Man Pleads Guilty to Attempted Online Enticement of A MinorRead the Press Release
SACRAMENTO, Calif. — Donald Threatt, age 67, of Fairfield, California, pleaded guilty today to attempted online enticement of a minor, United States Attorney McGregor W. Scott announced.
According to court documents, in April of 2017, Threatt began conversing through the Kik messenger service with an individual who identified herself as “Sarah,” a 15-year-old girl who was interested in online games, soccer, and track. Off and on over the course of many days, Threatt used Kik to tell “Sarah” the various sexual things he wanted to allow him to do to her. The defendant discussed and agreed with the purported minor that he would visit her residence on Beale Air Force Base while her mother was away. According to the Kik chat, the defendant suggested blindfolding her and tying her up with rope. He stated that he would engage in various sexual acts with her and proposed that they take photos and a video of their sexual activity. Threatt arranged to meet her at her residence on May 12, 2017, after her mother had left for the weekend.
Unbeknownst to Threatt, the minor was actually an undercover law enforcement agent. On the day of the planned meeting, law enforcement personnel surveilled Threatt as he left his home in Fairfield, purchased rope from a Lowe’s Home Improvement store, and drove to the house where the meeting with the minor was to occur. Threatt was arrested after he pulled into the garage of the house. In Threatt’s car, agents found a GoPro camera, a Nikon camera, a Samsung camcorder, a tripod, rope, and various sexual items.
According to court documents, this was not the first time Threatt attempted to prey on a child. Agents searched Threatt’s residence and seized a computer hard drive containing approximately 800 internet chats from 2008. Together, those communications showed the defendant had been communicating with several girls under the age of 18. In those communications, Threatt discussed how he wanted to have sexual relations with the underage girls and repeatedly solicited and received nude photographs from at least one minor. In addition, in 2013, Threatt was arrested after he used email to attempt to persuade someone he believed to be a 15-year-old girl to meet with him to have sex. In reality, the defendant was communicating with an undercover law enforcement officer.
This case was the product of an investigation by the Air Force Office of Special Investigations and the Federal Bureau of Investigation. Assistant United States Attorneys Matthew D. Segal, Jeremy J. Kelley, and Katherine T. Lydon are prosecuting the case.
Threatt remains in custody and is scheduled to be sentenced by U.S. District Judge Troy L. Nunley on December 6, 2018. Threatt faces a mandatory minimum of ten years in prison and a maximum statutory penalty of life in prison as well as a $250,000 fine. The actual sentence, however, will be determined by the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.