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Wednesday 11 July 2018
Illegal Alien Detained on Health Care and Welfare Fraud, ID Theft, Misuse Social Security Numbers, Illegal Reentry ChargesRead the Press Release
PROVIDENCE, RI – A series of ongoing Department of Justice led fraud and opioid investigations across the country has resulted in a Dominican National previously deported for trafficking significant quantities of heroin and cocaine, and most recently living in Pawtucket after allegedly reentering the country illegally, being detained on federal health care fraud, welfare fraud, aggravated identity theft, misuse of a social security number and illegal reentry charges.
In late June, Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Alex M. Azar III, announced that more than 600 individuals in 58 districts have been charged for their participation in fraud schemes, particularly health care fraud schemes.
As a result of information developed during these ongoing investigations, Carlos José Portes-Ortiz, a.k.a. Juan Carlos Mendieta Vega, a.k.a. Anthony Clausell Rivera, a.k.a. Jose Jimenez Agosto, a.k.a. Willian Acevedo Gil, a.k.a. Allison Gabriel, 37, of Pawtucket, has been ordered detained on a federal criminal complaint charging him with health care fraud, welfare (SNAP) fraud, misuse of social security numbers, aggravated identity theft and illegal reentry.
According to court documents, it is alleged that Portes-Ortiz was deported from the United States in February 2009, after having been sentenced in June 2007 to 37 months in federal prison for conspiracy to import 100 grams or more of heroin and 500 grams or more of cocaine. Portes-Ortiz was arrested in June 2005 at Newark Liberty International Airport after arriving from the Dominican Republic.
According to court documents, in November 2015, Providence Police responded to a traffic accident and encountered Portes-Ortiz, who allegedly presented officers with a Dominican driver’s license in the name of another person. He was arrested on charges of driving under the influence and driving after denial, suspension or revocation of a driver’s license.
In March 2017, Portes-Ortiz was arrested in Dedham, MA, after allegedly attempting to purchase over $1,000 worth of iPhone equipment using a driver’s license depicting his photograph and a credit card both in the name of a female. At the time of his arrest, Portes-Ortiz was found to be in possession of a Rhode Island Neighborhood Health Plan card, a Rhode Island EBT card for SNAP benefits, a Rhode Island identification card, a Puerto Rican driver’s license and a bank debit card, some depicting his photograph but all in names other than his own. It was later determined through fingerprints that the person arrested was actually Portes-Ortiz.
According to court documents, an expansive investigation by local agents from the U.S. Department of Health and Human Services Office of Inspector General, Office of Investigations determined that Portes-Ortiz allegedly used multiple names and stolen personal identifying information to gain Rhode Island driver’s licenses; Rhode Island ID cards; Medicare and health care benefits, to include medical, pharmaceutical and dental services; and EBT cards and SNAP benefits.
During the course of the investigation, agents determined that Portes-Ortiz was employed at a retail store while, at the same time, allegedly fraudulently obtaining federal programs and services using stolen identities and identifying information.
A criminal complaint is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The case is being prosecuted by Assistant U.S. Attorneys Ly T. Chin Terrence P. Donnelly.
The matter is being investigated by agents from the U.S. Department of Health and Human Services Office of Inspector General, Office of Investigations; Homeland Security Investigations - Immigration and Custom Enforcement; U.S. Social Security Administration, Office of Inspector General; and U.S. Department of Agriculture, Office of Inspector General.
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Honduran Man Pleads Guilty to Methamphetamine-Trafficking Conspiracy and Firearm PossessionRead the Press Release
U.S. Attorney Duane A. Evans announced that DELIO ALFREDO LOPEZ-LOPEZ, age 42, of Honduras, pled guilty yesterday to one count of conspiring to traffic 500 grams or more of a mixture containing methamphetamine in the Eastern District of Louisiana, and one count of possessing a firearm as an illegal alien. On the methamphetamine conspiracy count, LOPEZ-LOPEZ faces a mandatory minimum sentence of 10 years in prison, a maximum life sentence, a fine of up to $10,000,000 and at least 5 years of supervised release. On the firearm possession count, LOPEZ-LOPEZ faces a maximum sentence of 10 years in prison, a fine of up to $250,000 and not more than 3 years of supervised release.
U.S. District Judge Susie Morgan set sentencing for LOPEZ-LOPEZ on October 11, 2018.
U.S. Attorney Evans praised the work of the United States Postal Inspection Service, Louisiana State Police, Jefferson Parish Sheriff’s Office, Texas Department of Public Safety, Texas Highway Patrol, Montgomery County (Texas) Sheriff’s Office, Immigration and Customs Enforcement, AMTRAK Police, and the Orleans Parish District Attorney’s Office. Assistant United States Attorney Brandon S. Long is in charge of the prosecution.
Greycliff Man Sentenced to 120 Months in Federal Prison for Selling Methamphetamine Out of a Billings Hotel RoomRead the Press Release
BILLINGS - The United States Attorney’s Office announced today that Donald Theodore Fuller, a 34 year-old resident of Greycliff, Montana was sentenced to 120 months in prison, 5 years of supervised release, and a $100 special assessment. Fuller was convicted of possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841(a)(1).
In May 2016, Billings Police received a tip about a male selling methamphetamine from a local hotel room. Based on the tip, officers were able to determine which room the male had rented. Eastern Montana HIDTA Task Force agents also assisted in the investigation and they eventually obtained a search warrant for the room. When agents executed the warrant, Fuller was in the room. During the search, agents seized 397.6 grams of pure methamphetamine, two firearms, $79,790 in United States Currency, and multiple items of drug paraphernalia. The 397.6 grams of pure methamphetamine converts to 3,176 individual doses.
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.
Georgia Couple Charged in Mortgage Fraud SchemeRead the Press Release
Orlando, FL – A federal indictment has been unsealed charging Geo Geovanni (49) and Elizabeth Longerbone (39), both of Moultrie, Georgia, with conspiracy to commit bank fraud and four counts of bank fraud. If convicted, each faces a maximum penalty of 30 years in federal prison for each count.
According to the indictment, Geovanni and Longerbone devised and executed a mortgage fraud scheme involving “The Landing,” a condominium conversion of a former apartment complex located in Altamonte Springs. The scheme involved providing the cash-to-close funds on behalf of the buyers, guarantying tenants and rental payments to the buyers, as well as paying post-closing kickbacks of mortgage proceeds to buyers and co-conspirators through entities that Geovanni and Longerbone controlled. None of the incentives or kickbacks were disclosed to the financial institutions that had approved and funded the mortgage loans.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Housing Finance Agency – Office of Inspector General and the FBI. It will be prosecuted by Special Assistant United States Attorney Chris Poor.
Former Reality Television Series “Bad Girl” Charged with Fraud and Identity Theft for Stealing and Using Debit Card InformationRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), announced today the arrest of SHANNADE CLERMONT on charges of wire fraud, access device fraud, and aggravated identity theft. The Complaint charges that CLERMONT stole and fraudulently used the debit card information of a man she had visited for a prostitution date and who was found dead in his apartment the next morning from a drug overdose. CLERMONT will be presented today in Manhattan federal court before U.S. Magistrate Sarah Netburn.
U.S. Attorney Geoffrey S. Berman said: “As alleged, Shannade Clermont, a former cast member of the ‘Bad Girls Club,’ lived up to her reality series reputation. She allegedly stole debit card information from a man found dead – the victim of a drug overdose – in his Manhattan apartment and used his identity to make tens of thousands of dollars in fraudulent purchases. Thanks to the skilled investigative work of the NYPD, Clermont’s new reality is federal prosecution for her alleged nefarious conduct.”
According to the allegations contained in the Complaint[1] unsealed today:
The NYPD and the United States Attorney’s Office for the Southern District of New York have been investigating the overdose death of a male individual (the “Victim”), who was found dead on the morning of February 1, 2017, in his apartment at 250 East 53rd Street in Manhattan, New York (the “Victim Apartment”). During the course of that investigation, law enforcement learned that CLERMONT visited the Victim for a prostitution date at the Victim Apartment the previous evening (January 31, 2017), and used the Victim’s debit card information to make or attempt to make more than $20,000 in fraudulent purchases during the months following the Victim’s death. Specifically, CLERMONT stole the information for two debit cards of the Victim found in his wallet in the Victim Apartment, and used that stolen debit card information for, among things, payments of her rent and phone bills, flight purchases, and several online purchases of thousands of dollars of clothing and other merchandise.
CLERMONT also created and used a fake email account in the Victim’s name to falsely represent to third parties that she was the Victim, in order to commit wire fraud using the Victim’s identity. Specifically, on or about April 3, 2017, approximately two months after the Victim’s death, the fake email account was used to register an account with Western Union in the name of the Victim and to initiate a fraudulent money transfer of $1,000 from the Victim to CLERMONT.
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CLERMONT, 24, is charged with one count of conspiracy to commit wire fraud, which carries a maximum sentence of 20 years in prison; one count of access device fraud, which carries a maximum sentence of 15 years; and one count of aggravated identity theft, which carries a mandatory consecutive minimum sentence of two years. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the NYPD and the Special Agents of the United States Attorney’s Office for the Southern District of New York.
The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorney Sagar K. Ravi is in charge of the prosecution.
The charges contained in the Complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.
Former Prisoner Transport Officer Indicted for Sexual Assault and Possessing a Firearm in Furtherance of His Sexual AssaultRead the Press Release
A federal grand jury in Riverside, California, returned a five-count indictment against Eric Scott Kindley, 50, a private prisoner transport officer, for crimes related to his sexual assaults of two different females in his custody during two different transports, and for brandishing his firearm during one of the sexual assaults.
Count One of the indictment charges Kindley with committing a civil rights offense on July 26, 2012, that included aggravated sexual abuse and kidnapping. Counts Two, Three, and Four charge Kindley with committing civil rights offenses on Jan. 26, 2017, against a second female that included aggravated sexual abuse. Count Two also alleges that Kindley’s crime resulted in bodily injury and included kidnapping and the use of a dangerous weapon. Count Five charges Kindley with knowingly brandishing and using a firearm during and in relation to a crime of violence.
Kindley was previously indicted on Sept. 12, 2017, in Little Rock, Arkansas, for committing similar offenses related to his sexual assault of a third female in his custody. That indictment also charges Kindley with possessing his firearm in furtherance of that sexual assault.
If convicted of the charges in the most recent indictment, Kindley faces a mandatory minimum sentence of seven years in prison for brandishing his firearm, and a maximum sentence of life in prison. If convicted of the charges pending in Arkansas, Kindley faces a mandatory minimum of sentence of five years in prison for possession of the firearm, and a maximum sentence of life in prison. If Kindley is convicted of the firearms offenses in both indictments, he faces a mandatory minimum sentence of 25 years in prison, consecutive to any other sentence he receives.
This investigation remains ongoing. Anyone with additional information is encouraged to call the Phoenix Division of the FBI at (623) 466-1999, or email the Criminal Section of the Civil Rights Division at the U.S. Department of Justice at [email protected].
An indictment is merely a formal accusation of criminal conduct, and the defendant is presumed innocent unless proven guilty.
This case is being investigated by the Phoenix Division of the Federal Bureau Investigation and is being prosecuted by Special Litigation Counsel Fara Gold and Trial Attorney Maura White of the Criminal Section of the Civil Rights Division of the U.S. Department of Justice.
Former Officials at Two Western Kentucky Mines Charged with Cheating on Safety and Lying to Regulators About Black Lung-Causing Risks to MinersRead the Press Release
OWENSBORO, Ky. – United States Attorney Russell M. Coleman announced that 8 former supervisory and safety officials at Armstrong Coal, formerly of Madisonville, KY, were charged by a Federal Grand Jury today with Conspiracy to Defraud an agency of the United States Government, the Mine Safety and Health Administration (MSHA), by deceit, trickery and dishonest means of its lawful and legitimate function in enforcing the Mine Safety and Health Act (MSA).
The Indictment charges that the conspirators sought to deceive federal mine safety regulators as to the daily levels of breathable dust at both the Parkway Mine of Muhlenberg County, KY and Kronos Mine of Ohio County, KY. Breathable or “resparable” dust is the primary cause of pneumoconiosis or “Black Lung” in miners. The Federal Grand Jury also charges the eight Armstrong Coal officials with making false statements as to results of tests required to be conducted every 60 days to protect certain ““designated occupations,” that is the dustiest and most dangerous job assignments in a coal mine.
“The health of our miners matters; to Western Kentucky communities and those sworn to protect them” stated U. S. Attorney Russell Coleman “When companies and their senior officials are prepared to disregard the law and put miners at risk, they should also be prepared to face federal prosecutors.”
“Compliance with dust sampling programs is crucial to protecting miners against respiratory illness,” said MSHA Assistant Secretary David G. Zatezalo. “Deliberate disregard for the safety and health regulations that protect workers warrants the most severe penalties allowed under the law.”
The Grand Jury charges that contrary to regulations, Armstrong officials removed dust testing devices early in the miners’ shifts and placed the devices in less dusty or “clean air”; that during a testing period, officials replaced miners who ran the most dust-causing machines with miners who were not wearing the dust testing devices, so that the company would pass the tests; that Armstrong officials fabricated and submitted dust sampling test results on days the mine was shut down or otherwise not in operation; that officials ordered that testing devices be run in “clean air,” before and after shifts, to skew the test results toward passing; that a mine superintendent twice mandated to a safety official to take whatever action necessary to ensure that the company passed dust sampling tests.
Armstrong Coal, now bankrupt, is designated by the Indictment as an unindicted co-conspirator. Those former Armstrong supervisory and safety officials charged include:
- Charley Barber, age 63, of Madisonville, a former Superintendent of Parkway Mine;
- Brian Keith Casebier, age 60, of Earlington, a former Safety Director at Parkway Mine;
- Steven Demoss, age 48, of Nortonville, a former Assistant Safety Director at Parkway Mine;
- Billie Hearld, age 41, of Russellville, a former Section Foreman at Parkway Mine;
- Ron Ivy, age 49, of Manitou, a former Safety Director at Kronos Mine;
- John Ellis Scott, age 61, of South Carrollton, a former employee in the Safety Department at Parkway Mine;
- Dwight Fulkerson, age 40, of Drakesboro, a former Section Foreman who performed dust testing at Parkway Mine; and
- Jeremy Hackney, age 45, of White Plains, also a former Section Foremen who performed dust testing at Parkway Mine.
The Kronos Mine remains in operation under different ownership. The Parkway Mine is no longer open.
The MSA is an Act passed by Congress in 1977, and updated in 2006, to protect miners by preventing the scourges of pneumoconiosis, commonly known as “Black Lung.” MSHA, an agency of the U. S. Department of Labor, is the agency tasked with enforcing the MSA.
This case is being prosecuted by Assistant United States Attorneys Randy Ream and Corinne Keel of the U.S. Attorney’s Office for the Western District of Kentucky and Special Assistant United States Attorneys Mary Sue Taylor and Jason Grover of MSHA. The investigation by the Mine Safety and Health Administration, United States Department of Labor.
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The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty.
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Former El Paso Gun Dealer Indicted on Federal Firearms ChargesRead the Press Release
In El Paso today, a federal grand jury indicted 31-year-old Jacob Salgado, owner of Canutillo Gun Shop, for scheme to sell firearms and ammunition to prohibited persons, announced United States Attorney John F. Bash and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Jeffrey C. Boshek, II, Dallas Division.
The eight-count indictment charges Salgado with two counts of sale of firearms or ammunition to a prohibited person, two counts of aiding and abetting the possession of firearms or ammunition by a felon, two counts of aiding and abetting providing false information on Federal Firearms Licensee (FFL) records, and two counts of failure to keep proper records as a FFL.
The indictment alleges that on two occasions--May 29, 2018, and June 11, 2018--Salgado knowingly aided a firearms purchaser in making a false declaration on ATF Form 4473 that he was buying a gun for himself, when Salgado knew the buyer was making the purchase on behalf of someone else and too, that Salgado failed to note the actual buyer’s name in his required FFL records. The indictment further alleges that in June 2018, Salgado sold two handguns and transferred approximately 500 rounds of ammunition to a customer he had reasonable cause to suspect was a convicted felon, and aided another individual’s sale of a firearm to a convicted felon, thus enabling the felon to possess firearms and ammunition.
Salgado is currently on bond following his arrest last month. The Canutillo Gun Shop is no longer an FFL meaning individuals are prohibited from purchasing firearms from the business or having firearms shipped to the business for pick up.
Upon conviction, Salgado faces up to ten years in federal prison for sale of firearms to a prohibited person; up to ten years imprisonment for aiding and abetting the possession of firearms or ammunition by a felon; up to five years imprisonment for aiding and abetting providing false information on Federal Firearms Licensee (FFL) records; and, up to ten years imprisonment for failure to keep proper records as a FFL.
The ATF is investigating this case. Assistant United States Attorney Mallory Rasmussen is prosecuting this case on behalf of the Government.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
Former DuPont Employee Pleads Guilty to Stealing Trade Secrets and Lying to the FBIRead the Press Release
Josh Harry Isler, age 55, from St. Ansgar, Iowa, pled guilty today in United States District Court in Cedar Rapids to one count of trade secret theft and one count of making a false statement or representation to the Federal Bureau of Investigation.
As part of his guilty plea, Isler admitted that during August 2013, while employed with DuPont, but after having accepted an offer of employment from a competitor, he stole trade secrets of DuPont. In a plea agreement, Isler admitted that after he accepted employment with a competitor of DuPont in the ethanol fuel enzyme business, he transferred hundreds of DuPont’s electronic files to an external device. Isler knew the files he downloaded contained proprietary information and trade secrets of DuPont. Many of the files also related to DuPont customers who were also customers of the competitor or whose business the competitor was seeking. Isler kept the files in his new job and also transferred some to his new employer. Isler also admitted that when he was interviewed by the FBI in November 2013, he falsely denied he had downloaded files containing proprietary information.
Isler faces a maximum combined sentence of 15 years’ imprisonment, a fine of up to $500,000, and eight years of supervised release after any imprisonment. Isler may also be ordered to pay restitution to DuPont.
Isler was released on bond. Sentencing will be set at a later date.
The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-2032-LRR.
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Florida Man Indicted in $28 Million Solar Farm Investment SchemeRead the Press Release
Christopher B. Warren, 49, of Anthony, Florida, was arrested by FBI agents this morning after being charged in a 12-count indictment with mail fraud, wire fraud, securities fraud and money laundering, announced U.S. Attorney Don Cochran of the Middle District of Tennessee.
According to the indictment, Warren was the founder and chief investment officer of Clean Energy Advisers, LLC (“CEA”), a company registered in Wyoming with offices in various locations, including Nashville, Tennessee and Orlando, Florida.
The indictment alleges that beginning in November 2013 and continuing through September 2017, Warren devised and operated a scheme to defraud investors by offering investment opportunities in solar farm projects purportedly owned by CEA. Warren made false misrepresentations to investors that CEA owned several solar farms and made millions of dollars selling solar energy to utility companies, knowing at the time that CEA had no earnings, no profits and had no contracts with utility companies. Warren also provided investors with a list of solar farms purportedly owned by CEA, many of which did not exist and others that were actually owned by other entities.
During the course of this scheme, the indictment alleges that Warren took several steps to conceal and disguise the scheme, including placing the seals of insurance companies on investor materials to represent that the solar farms were insured against disasters; creating bogus audit reports to be circulated to investors; and using payments from later investors to create distribution payments which falsely represented earnings from the solar projects.
Finally, the indictment alleges that Warren raised approximately $28 million from investors, misappropriated a significant portion of those funds, including using almost $7 million for the personal benefit of himself and family members, and caused investors to lose more than $15 million.
If convicted, Warren faces up to 20 years in prison on each fraud count and up to 10 years in prison for money laundering.
This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Stephanie N. Toussaint.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Florence Resident Sentenced in Federal Court for Manufacturing and Passing Counterfeit MoneyRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Shadrick Jarmarcus Jett, age 27, of Florence, South Carolina, was sentenced in federal court in Florence for conspiracy to manufacture and pass counterfeit money, a violation of Title 18, United States Code, Section 371. United States District Judge Bryan Harwell of Florence sentenced Jett to 18 months’ imprisonment followed by 3 years of supervised release.
The evidence presented at the guilty plea hearing established that Jett was involved in a conspiracy to manufacture and pass counterfeit $100 and $50 bills in multiple states including South Carolina and North Carolina. This conspiracy, which began in 2015, included at least nine codefendants who were responsible for making and passing over $100,000 in counterfeit money.
Jett was directly involved in making counterfeit. In fact, he was found in possession of a genuine $100 “parent note” used to print counterfeit $100 bills when his car was stopped and searched by the Florence County Sheriff’s Office after a short chase. During the search of Jett’s car deputies found the genuine parent note along with eleven completed counterfeit $100 bills and over 450 uncut partial images of counterfeit $100 bills all bearing the same serial number as the recovered parent note. Secret Service determined that 230 counterfeit $100 bills bearing this same serial number were passed beginning in June of 2017.
The case was investigated by agents of United States Secret Service with the assistance of the Florence County Sheriff’s Office and the Florence Police Department. Assistant United States Attorney A. Bradley Parham of the Florence office prosecuted the case.
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Five Charged for Elder Fraud SchemesRead the Press Release
Five U.S. individuals were charged today and yesterday for their roles in three separate elder fraud schemes. The schemes collectively defrauded tens of thousands of Americans, many of whom were elderly, out at least a hundred million dollars. Four defendants were charged in the Eastern District of New York, the other was charged in Southern District of Florida.
“Earlier this year, when we announced the largest elder fraud sweep in history, we sent a clear message: we will hold perpetrators of elder fraud schemes accountable wherever they are,” said Attorney General Jeff Sessions. “When criminals steal the hard-earned life savings of older Americans, we will respond with all the tools at the Department’s disposal – criminal prosecutions to punish offenders, civil injunctions to shut the schemes down, and asset forfeiture to take back ill-gotten gains. Today’s indictment shows we are following through on this promise, and fraudsters everywhere should take note of it.”
Three Long Island Residents Indicted for Multi-Million Dollar Fraud Scheme
Three Long Island residents were charged with running a fraudulent mass-mailing scheme that tricked thousands of consumers into paying at least $30 million in fees for falsely promised prizes.
An indictment unsealed Wednesday charges Tully Lovisa, 55, of Huntington Station, New York; Shaun Sullivan, 37, of Merrick, New York; and Lorraine Chalavoutis, 61, of Greenlawn, New York, with mail fraud, money laundering, and conspiring to commit those offenses. The indictment also charges Lovisa with perjury and additional wire fraud and money laundering offenses. U.S. Postal Inspectors arrested all three defendants this morning.
“As alleged in the indictment, the defendants perpetrated a cruel hoax on their victims, many of them elderly and vulnerable, by sending promotional mailings that falsely claimed they would receive tens of thousands of dollars in prize money if they paid a fee,” said U.S. Attorney for the Eastern District of New York Richard P. Donoghue. “In so doing, Lovisa violated prior court orders directing him to stop engaging in mass mailing operations and his co-conspirators were well aware of prior enforcement action to stop this conduct. Protecting the elderly from brazen predators like the defendants is a priority of this Office and the Department of Justice.”
The defendants’ prize-promotion mailings led recipients, many of whom were elderly and vulnerable, to believe that they could claim a large cash prize in exchange for a modest fee, according to the indictment. This was false; victims who submitted fees did not receive large sums of money, the indictment alleges.
The scheme alleged in the indictment began after the Federal Trade Commission (FTC) sued Lovisa in 2010 for sending deceptive prize-promotion mailings. In response to that suit, a court enjoined Lovisa from any involvement with prize-promotion mailings. But, as alleged in the indictment, Lovisa did not stop. Rather, the indictment alleges that he worked with Sullivan and Chalavoutis to set up numerous prize-promotion companies using straw owners and aliases to continue defrauding hundreds of thousands of consumers. Chalavoutis, who provided various important operational services, allegedly helped conceal Lovisa’s and Sullivan’s control of the operation and misled others about the nature of the business.
The perjury charge against Lovisa relatedly stems from his submission to the FTC of a false compliance report, in which he claimed only to own a construction company and not be involved in prize-promotion mailings. The additional wire fraud and money laundering charges relate to Lovisa’s alleged further deception of the FTC related to the court-ordered sale of a home he owned in Las Vegas. According to the indictment, Lovisa arranged a sham sale of the house in September 2012 that allowed him to maintain control of the home and only disgorge $155,500 to the FTC. Lovisa then allegedly sold the house in April 2015 for $540,000.
“For far too long, fraudulent solicitations such as these have flooded seniors’ mailboxes. This indictment demonstrates a strong desire to end this conduct when administrative or civil remedies have been circumvented by these individuals at every opportunity,” said Chief Postal Inspector Guy Cottrell. “Today’s criminal charges show the continuing commitment by the U.S. Postal Inspection Service to rid the mail system of these pernicious threats to the livelihoods of the most vulnerable Americans.”
The mail fraud, wire fraud, and conspiracy charges each carry a statutory maximum sentence of twenty years in prison. The money laundering charges each carry a statutory maximum punishment of ten years in prison. The perjury charge carries a statutory maximum punishment of five years in prison. Each charge also carries a statutory maximum fine of $250,000 or twice the gross gain or gross loss from the offense.
An indictment is an accusation by a federal grand jury and is not evidence of guilt. The defendants should be presumed innocent unless and until proven guilty.
The United States Postal Inspection Service investigated the case. The case is being prosecuted by Trial Attorneys Daniel Zytnick and Timothy Finley of the Department of Justice’s Consumer Protection Branch and Assistant U.S. Attorney Charles P. Kelly of the Eastern District of New York.
List Broker Pleads Guilty to Conspiracy to Commit Mail Fraud
Steven Keats, of Bayside, New York, pleaded guilty to a charge of conspiracy to commit mail fraud. In his plea allocution, Keats admitted that while working at a Connecticut-based list brokerage firm, he arranged for lists of consumers’ names and addresses to be provided to a fraudulent mailer. The mailer, a Swiss entity, mailed deceptive solicitations to vulnerable victims. The mailing pieces falsely informed recipients that they had won large cash prizes and could collect the winnings by paying the mailer of a $50 fee. In reality, there was no prize, and the Swiss mailer simply collected victims’ payments. Keats admitted knowing that the names and addresses that he supplied to the Swiss entity would be used to send these deceptive mailing pieces to victims across the United States.
As a participant in the conspiracy, Keats provided the names of tens of thousands of U.S. consumers to the Swiss-based fraudulent mailer. The charge against Keats carries a statutory maximum penalty of 20 years in prison and a statutory maximum fine of $250,000 or twice the gross gain or gross loss from the offense.
The United States Postal Inspection Service investigated the case. The case is being prosecuted by Trial Attorneys Ehren Reynolds and Alistair Reader of the Department of Justice’s Consumer Protection Branch.
Florida Resident Charged with Conspiracy to Commit Mail Fraud
Eugene Marotta, of Fort Lauderdale, Florida, was charged by information with one count of conspiracy to commit mail fraud. The charging document alleges that Marotta was part of a conspiracy to defraud consumers by sending thousands of vulnerable victims deceptive mailing pieces that falsely promised prizes. The solicitations were from a shell company called Palm Beach Liquidation Gallery and were designed to deceive recipients into believing that they had won hundreds of thousands of dollars as well as an “exclusive liquidation asset.” To claim their winnings and the “asset,” recipients were directed to pay a total of $161.25 as a “liquidation fee.” In fact, there was no prize, and the “asset” was a cheap poster. Marotta and his co-conspirators pocketed the money sent by victims.
The scheme allegedly caused more $1 million in losses to at least 6,000 victims. The charge against Marotta carries a statutory maximum penalty of up to 5 years in prison and a statutory maximum fine of $250,000 or twice the gross gain or gross loss from the offense.
A criminal information is an accusation and not evidence of guilt. The defendant should be presumed innocent unless and until proven guilty.
The United States Postal Inspection Service investigated the case. The case is being prosecuted by Trial Attorney Ehren Reynolds of the Department of Justice’s Consumer Protection Branch.
For more information about the Consumer Protection Branch, visit its website at www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorneys’ Offices for the Eastern District of New York and Southern District of Florida visit their websites at www.justice.gov/usao-edny and www.justice.gov/usao-sdfl.
Five Alleged Members and Associates of La Cosa Nostra Indicted for Racketeering and Related ChargesRead the Press Release
A 32-count indictment was unsealed today in federal court in Brooklyn charging two inducted members and two associates of the Colombo organized crime family (the “Colombo family”) with racketeering, including predicate acts of extortion, extortionate collection, money laundering and illegal gambling. The indictment also charges one inducted member of the Gambino organized crime family of La Cosa Nostra (the “Gambino family”) with extortionate collection and a related conspiracy. The indictment relates to the defendants’ alleged criminal activities in Brooklyn, Staten Island and elsewhere between December 2010 and June 2018.
The defendants—Jerry Ciauri, also known as “Fat Jerry,” a member of the Colombo family, Vito Difalco, also known as “Victor” and “The Mask,” a member of the Colombo family, Salvatore Disano, also known as “Sal Heaven,” an associate of the Colombo family, Anthony Licata, also known as “Anthony Suits,” a member of the Gambino family, and Joseph Maratea, an associate of the Colombo family—were arrested today and are scheduled to be arraigned this afternoon before Magistrate Judge Ramon E. Reyes, Jr.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the charges.
“This investigation shows that members of La Cosa Nostra continue to prey on members of our community, enriching themselves and their criminal network by making extortionate loans and using threats of violence to collect,” stated United States Attorney Donoghue. “Rooting out traditional organized crime’s dangerous and corrupting influence continues to be a high priority for this Office and our law enforcement partners.”
“As alleged in the indictment, these defendants instilled fear in the hearts of their victims through threats of violence,” stated FBI Assistant Director-in-Charge Sweeney. “These extortionate threats are the trademark of the mafia’s power, but in the end all it does is expose their weakness. While criminal organizations such as La Costa Nostra continue to work hard to imbed fear and danger within our communities, the FBI New York Joint Organized Crime Task Force is working even harder to ensure the public’s safety and security.”
“The mob is certainly diminished, but it is not dead,” stated NYPD Police Commissioner O’Neill. “These groups require our constant vigilance. By working in close collaboration with our law enforcement partners in the FBI and the Eastern District, the NYPD will continue to ensure public safety through aggressive investigation and the dismantling of these types of organized-crime organizations.”
As alleged in the indictment and court filings, Ciauri is charged with making extortionate loans and with using extortionate means to collect debts from six victims, as well as laundering the proceeds of his loansharking business in order to conceal his involvement.
Disano is charged with using extortionate means to collect debts from three victims and with assisting Ciauri in laundering the proceeds. On one occasion, Ciauri threatened to shoot a loansharking partner who had fallen behind making payments to Ciauri. He subsequently recruited another associate to stalk that partner. On another occasion, Ciauri enlisted an associate to slash a victim’s tires in the middle of the night.
Difalco is charged with making extortionate loans and with using extortionate means to collect debts from eight victims. In one conversation, Difalco threatened a loansharking victim by telling him that he had a past history of setting on fire the cars of those who failed to make timely payments; Difalco told the victim, “Good things happen to me when I stay calm see like I was by your house the other day…. Four years ago, I would have put the Benz on fire.”
Maratea is charged with using extortionate means to collect debts from five victims. To ensure that Maratea and Difalco could find their debtors, Difalco and Maratea required debtors to provide a copy of their driver’s licenses and contact information.
Each of the defendants faces a maximum of 20 years’ imprisonment on the racketeering, money laundering and extortionate collection offenses. The charges in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s Organized Crime & Gangs Section. Assistant United States Attorneys Elizabeth A. Geddes and Mathew S. Miller are in charge of the prosecution.
The Defendants:
JERRY CIAURI (also known as “Fat Jerry”)
Age: 59
Brooklyn, New YorkVITO DIFALCO (also known as “Victor” and “The Mask”)
Age: 63
Brooklyn, New YorkSALVATORE DISANO (also known as “Sal Heaven”)
Age: 48
Brooklyn, New YorkANTHONY LICATA (also known as “Anthony Suits”)
Age: 49
Brooklyn, New YorkJOSEPH MARATEA
Age: 42
Brooklyn, New YorkE.D.N.Y. Docket No. 18-CR-337 (KAM)
Firefighter Pleads Guilty to Mail FraudRead the Press Release
BECKLEY, W.Va. – A Beckley firefighter pled guilty today to committing mail fraud, announced United States Attorney Mike Stuart. Michael Cowger, 50, admitted that he fraudulently received over $20,000 from the City of Beckley, West Virginia University, and Beaver Volunteer Fire Department. Stuart commended the investigative efforts of the West Virginia Commission on Special Investigations and the Beckley Police Department.
“First responders – firefighters, policeman and others – are role models and heroes in our communities,” said United States Attorney Mike Stuart. “It is disheartening when someone who should be a role model is responsible for fraud and deceit,” said United States Attorney Mike Stuart. “Although the resulting losses may seem minimal to some, no level of fraud is insignificant when committed by an individual in a position of trust.”
Cowger served as a firefighter at the Beckley Fire Department, worked as a part-time instructor for West Virginia University’s College of Engineering and Mineral Resources, and volunteered at the Beaver Fire Department, where he held the position of Fire Chief. Cowger admitted that he submitted reimbursement requests for supplies, travel, and training expenses to those entities, when he knew he had already sought reimbursements for the same expenses or another entity had already paid the expenses. For example, Cowger used his West Virginia University Purchasing Card (“P-Card”), a credit card that WVU paid directly, to purchase gas and rent a vehicle for certain trainings, yet also requested mileage from the City of Beckley for those same trainings, falsely indicating that he used his personal vehicle for the same travel, when in fact he had used a vehicle rented via the P-Card. Cowger also admitted that to complete his scheme, at times he created fictitious and duplicate receipts on his computer. He also admitted that he manipulated his hotel and training reservations and payments at times to ensure that he received two receipts with two different credit card numbers for the same events to conceal from the City of Beckley that he had used a WVU P-Card to pay for the events.
Cowger agreed to pay restitution in the following amounts: $15,638.28 to the City of Beckley; $5,099.64 to West Virginia University; and $204.85 to the Beaver Volunteer Fire Department.
Cowger faces up to 20 years in federal prison when he is sentenced on September 17, 2018.
Assistant United States Attorney Meredith George Thomas is in charge of the prosecution. United States District Judge Irene C. Burger presided over the hearing.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Federal Inmate Guilty of Assaulting Prison Guard at Beaumont FacilityRead the Press Release
BEAUMONT, Texas – A jury has found a 31-year-old federal inmate guilty of assaulting a correctional officer in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Reginald Edward Green, of Washington, D.C., was found guilty of assault on a federal officer following a two-day trial before U.S. District Judge Thad Heartfield on July 10, 2018.
According to information presented in court, on Feb. 2, 2018, a federal correctional officer was performing his duties at the U.S. Penitentiary located in the Federal Correctional Complex in Beaumont, Texas. The officer brought Green in for a urinalysis, and, after filling out paperwork and handing a specimen cup to Green, Green became belligerent and then closed his fist and struck the officer in the face. The officer used his body alarm to alert others to the attack as he struggled to gain control of Green. During trial, two witnesses testified they aided in restraining Green. The officer suffered swelling and bruising to his left facial area around his eye which lasted for several days after the attack.
Under federal statutes, Green faces up to 20 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the Federal Bureau of Prisons and the Federal Bureau of Investigation and was prosecuted by Special Assistant U.S. Attorney Christine Hummert and Assistant U.S. Attorney John Craft.
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Federal Grand Jury Indicts Three for Defacing Federal PropertyRead the Press Release
In San Antonio, a federal grand jury returned an indictment charging three individuals for allegedly defacing the San Antonio Mission National Historical Park Visitor’s Center last month, announced United States Attorney John F. Bash, San Antonio Missions National Historical Park Superintendent Mardi Arce and San Antonio Police Chief William McManus.
The indictment charges 20-year-old Gabriella Petra Fritz, 21-year-old Sydney Elizabeth Faris and 19-year-old Andres Castaneda with one count of depredation of Government property. The indictment alleges that from June 21-22, 2018, the defendants willfully used spray paint to deface the Visitor’s Center at Mission San Jose and signage resulting in damages exceeding $1,000.
The defendants face up to ten years in federal prison upon conviction. No court dates have been scheduled.
The National Park Service and the San Antonio Police Department conducted this investigation. Assistant United States Attorney Sarah Wannarka is prosecuting this case on behalf of the Government in coordination with the Bexar County District Attorney’s Office concerning damage to both federal and non-federal property (Mission San Juan).
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
Federal Court and the U.S Attorney’s Office warn citizens about ongoing jury scamsRead the Press Release
ATLANTA – The U.S. District Court and the U.S. Attorney’s Office for the Northern District of Georgia are issuing an alert to citizens concerning a scam that has cost victims thousands of dollars. Citizens continue to receive fraudulent phone calls from scammers falsely claiming to be with the U.S. District Court, the U.S. Marshals Service, or other government agencies. The scammers claim that the victim failed to appear for jury duty in federal court and threaten the victims with arrest unless they purchase a pre-paid credit card—such as a Green Dot card or gift card—and provide the card number to the scammers.
“These schemes are often carried out by state prisoners using contraband cellphones,” said U.S. Attorney Byung J. “BJay” Pak. “While our office has prosecuted dozens of these cases, citizens should be vigilant and suspicious of anyone who claims to be from a federal agency and demands payment for failing to appear for a jury summons. In short, a representative from a federal agency or federal court will never call demanding money.”
“If you missed jury duty, the court will never call you on the phone and demand money or a gift card number,” said Lucy S. Moses, Jury Administrator for the U.S. District Court. “Everything related to jury duty is done through the U.S. Mail to the individual juror. Citizens who receive a call and question whether it is legitimate can verify by calling the jury office themselves.”
Based on reports received by the Northern District’s jury office, over the last two years, local citizens have given scammers anywhere from $400 to $13,000 out of fear that an arrest warrant had been issued due to their failure to appear for jury duty. Many of the victims took money out of their savings or retirement to pay the scammers. One elderly gentleman reported that he had given all he had - $5,000 - and was fearful of what might happen to his wife, who suffers from dementia. On another occasion, a local teacher reported that she gave a scammer $1,200 because she was going through an adoption process and did not want anything that would interfere with her ability to adopt.
Victims commonly report that the scammers sound convincing and speak authoritatively. The scammers may use real information about the victim and court addresses. They may also use the real names of law enforcement officers, court officials, and federal judges to make the scam appear more credible. They may even “spoof” the phone number on caller ID so that it falsely appears to be from the court or a government agency. In one reported instance, a scammer learned that a potential victim was getting married and threatened to cancel her wedding if she did not pay.
Citizens can protect themselves by knowing these facts about federal jury service:
●The court will always send a jury summons by U.S. Mail.
●The court and law enforcement will never demand payment over the phone.
●The court and law enforcement will never demand a gift card number to satisfy an obligation.
●A prospective juror who disregards a jury summons will be contacted through the mail by the court clerk’s office and may, in certain circumstances, be ordered to appear before a judge. Such an order will always be in writing and signed by the judge.
●A fine will never be imposed until after the individual has appeared in court and been given the opportunity to explain his or her failure to appear. If a fine is imposed, it will be in open court and reduced to writing (and will not be payable by gift card number).
Citizens who wish to verify whether they were summoned for federal jury duty may contact the Northern District of Georgia’s jury office at 404-215-1640. Citizens can report a scam phone call by contacting the FBI Atlanta Field Office at 770-216-3000.
Fayetteville Man Sentenced to over 3 Years in Federal Prison for Embezzlement of Government Funds and Tax FraudRead the Press Release
Fayetteville, Arkansas –Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that James Lewis Story (Jimmy), age 57 of Fayetteville, Arkansas, was sentenced today to 46 months in federal prison followed by three years of supervised release, and ordered to pay $1,282,966.00 in restitution to the City of Farmington Arkansas and $371,956.00 in restitution to the IRS on one count of Theft Concerning Programs that Receive Federal Funds and one count of Filing a False Income Tax Return. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, Story worked for the City of Farmington as the District Court Clerk from 1995 to 2016. Starting in at least January 2009, Story was the sole employee responsible for preparing and making deposits, reviewing bank statements and performing reconciliations, entering receipt information in the District Court’s case management system(System), and posting transactions to the financial accounting system. District Court offenders were required to pay their fines at the Farmington Court Clerk’s Office. Fines collected by City of Farmington staff were given to Story for data entry into the System and for deposit into the District Court bank account. Beginning in or about January 2009, Story made five types of fraudulent adjustments in the System to reduce the monetary balance due from defendants and conceal the funds not deposited. As the only employee with authorized security access to the system, Story used the fraudulent adjustments to fabricate reasons that fines, costs, and fees collected were not entered into the System. The fraudulent adjustments performed by Story included adjustments that indicated the District Court Judge dismissed the fines, fees, and costs owed by the offenders, adjustments that community service was served in lieu of payment of fines, fees, and costs, administrative activity adjustments, deleted or voided cases, and deletion of court automation fees. During the course of the investigation, agents identified individuals who paid their fines in cash and whose records were changed in the System to indicate that there was no court-ordered fine. In each case, Story altered the records, stole the cash, and used it for his own personal benefit.
Story was named in a two-count information and pleaded guilty in November 2017.
The investigation was conducted by the Federal Bureau of Investigation, IRS Criminal Investigations and the Arkansas Legislative Audit. Assistant United States Attorney’s Brice R. White and Clay Fowlkes prosecuted the case for the United States.
Former Prisoner Transport Officer Indicted for Sexual Assault and Possessing a Firearm in Furtherance of His Sexual AssaultRead the Press Release
WASHINGTON - A federal grand jury in Riverside, California, returned a five-count indictment against Eric Scott Kindley, 50, a private prisoner transport officer, for crimes related to his sexual assaults of two different females in his custody during two different transports, and for brandishing his firearm during one of the sexual assaults.
Count One of the indictment charges Kindley with committing a civil rights offense on July 26, 2012, that included aggravated sexual abuse and kidnapping. Counts Two, Three, and Four charge Kindley with committing civil rights offenses on Jan. 26, 2017, against a second female that included aggravated sexual abuse. Count Two also alleges that Kindley’s crime resulted in bodily injury and included kidnapping and the use of a dangerous weapon. Count Five charges Kindley with knowingly brandishing and using a firearm during and in relation to a crime of violence.
Kindley was previously indicted on Sept. 12, 2017, in Little Rock, Arkansas, for committing similar offenses related to his sexual assault of a third female in his custody. That indictment also charges Kindley with possessing his firearm in furtherance of that sexual assault.
If convicted of the charges in the most recent indictment, Kindley faces a mandatory minimum sentence of seven years in prison for brandishing his firearm, and a maximum sentence of life in prison. If convicted of the charges pending in Arkansas, Kindley faces a mandatory minimum of sentence of five years in prison for possession of the firearm, and a maximum sentence of life in prison. If Kindley is convicted of the firearms offenses in both indictments, he faces a mandatory minimum sentence of 25 years in prison, consecutive to any other sentence he receives.
This investigation remains ongoing. Anyone with additional information is encouraged to call the Phoenix Division of the FBI at (623) 466-1999, or email the Criminal Section of the Civil Rights Division at the U.S. Department of Justice at [email protected].
An indictment is merely a formal accusation of criminal conduct, and the defendant is presumed innocent unless proven guilty.
This case is being investigated by the Phoenix Division of the Federal Bureau Investigation and is being prosecuted by Special Litigation Counsel Fara Gold and Trial Attorney Maura White of the Criminal Section of the Civil Rights Division of the U.S. Department of Justice.
FCI Danbury Inmate Admits to Possessing WeaponRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JOHN FAUCHER, 41, pleaded guilty today in Bridgeport federal court to one count of possession of contraband in a federal prison.
According to court documents and statements made in court, on March 12, 2018, FAUCHER, an inmate at the Federal Correctional Institution in Danbury (FCI Danbury), possessed an object designed or intended to be used as a weapon.
FAUCHER is scheduled to be sentenced by U.S. District Judge Stefan R. Underhill on October 3, 2018, at which time he faces a maximum term of imprisonment of five years.
FAUCHER is currently serving a 46-month sentence for robbing a bank in Manchester, New Hampshire, in October 2016, and attempting to rob a convenience store in Manchester in September 2016.
This matter is being investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Anastasia E. King.
Dominican National Sentenced for Drug ConspiracyRead the Press Release
BOSTON – A Dominican national was sentenced yesterday in federal court in Boston for his role in a drug trafficking organization that operated in Taunton and Boston.
Yeurys Tejeda, 29, a Dominican national formerly residing in Boston, was sentenced by U.S. District Court Judge Indira Talwani to time served (15 months in prison) and three years of supervised release. Tejeda will be subject to deportation proceedings. In April 2018, Tejeda pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute heroin and fentanyl. In February 2017, Tejeda was arrested and charged along with 22 co-defendants.
From mid-2016 through February 2017, there were investigations into two drug trafficking organizations who were operating in Taunton and Boston, one led by Jose Antonio Lugo-Guerrero, and the other led by Fernando Hernandez. Hernandez’s organization was based in Taunton and sold heroin and fentanyl to customers who re-distributed a portion of the drugs they obtained. It is alleged that Hernandez obtained drugs from a network of suppliers that included Lugo-Guerrero.
According to court documents, Lugo-Guerrero operated a drug trafficking organization in Fall River and Boston that allegedly obtained a significant quantity of illegal drugs by robbing other drug traffickers. Lugo-Guerrero was assisted by a number of co-defendants including Tejeda. In November of 2016, Tejeda helped Lugo-Guerrero plan and attempt to steal heroin and money from another drug dealer operating in New Bedford. The plan was revealed by wiretaps and surveillance and foiled by law enforcement.
Hernandez pleaded guilty and was sentenced in February 2018 to 188 months in prison. Lugo-Guerrero has pleaded not guilty and is awaiting trial.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Fall River Police Chief Daniel S. Racine; New Bedford Police Chief Joseph C. Cordeiro; Taunton Police Chief Edward James Walsh; Boston Police Commissioner William B. Evans; and Bristol Country District Attorney Thomas M. Quinn made the announcement today. Assistant U.S. Attorney Ted Heinrich of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dominican Man Sentenced to 78 Months Incarceration for His Role in a Conspiracy to Distribute CocaineRead the Press Release
St. Thomas, USVI – Kenneth James, 51, of Dominica, was sentenced before District Court Judge Curtis V. Gomez, to 78 months incarceration for conspiracy to distribute cocaine, United States Attorney Gretchen C.F. Shappert announced. In addition, Judge Gomez also ordered that James be sentenced to five years of supervised release, pay a $100 special assessment, and complete 400 hours community service.
According to the plea agreement filed with the Court, on August 15, 2017, James was arrested by Agents of the Drug Enforcement Administration (DEA) after he attempted to sell to an individual approximately 12 kilograms of cocaine. James attempted to sell each kilogram of cocaine for $13,500.
The case was investigated the Drug Enforcement Administration and prosecuted by Assistant United States Attorney Sigrid M. Tejo-Sprotte.
Dominica Native Pleads Guilty to Possession of a FirearmRead the Press Release
St. Thomas, USVI – Lester Gabriel Charles, 35, pleaded guilty before District Judge Curtis V. Gomez to possession of a firearm by an illegal alien, United States Attorney Gretchen Shappert announced. Charles sentencing is scheduled for November 15, 2018.
Virgin Islands Police Department responded to an altercation on April 5, 2018 involving Charles, who is in the United States illegally. Charles admitted that he possessed and later discarded the firearm, a Beretta Pierto Model CAT-5802, which Virgin Islands Police Officers recovered. The firearm contained 10 live rounds of ammunition—one in the chamber and one in the firearm’s magazine.
This case was investigated by Homeland Security Investigations and the Virgin Islands Police Department, and was prosecuted by Assistant United States Attorneys David White.
Document Fraud Leads to Federal Prison for Guatemalan BrothersRead the Press Release
Two Guatemalan brothers who share the same name and who each unlawfully used a fraudulent identification document were sentenced today to more than two months apiece in federal prison.
Jacinto Raymundo-Rivera, age 22, a citizen of Guatemala illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a May 23, 2018 guilty plea to one count of unlawful use of an identification document. At the guilty plea, Raymundo-Rivera, an illegal alien, admitted that on October 8, 2014, he used a fraudulent Green Card when completing employment forms to get a job in Cedar Rapids. The social security account number and the Green Card number used by Raymundo-Rivera belonged to other people.
Jacinto Raymundo-Rivera, age 28, a citizen of Guatemala illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a May 24, 2018 guilty plea to one count of unlawful use of an identification document. At the guilty plea, Raymundo-Rivera, an illegal alien, admitted that on September 21, 2015, he used a fraudulent Green Card when completing employment forms to get a job in Cedar Rapids. The social security account number and the Green Card number used by Raymundo-Rivera belonged to other people.
Both brothers were sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Each brother was sentenced to 77 days imprisonment. Each brother must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Both brothers are being held in the United States Marshal’s custody until they can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 18-CR-35-LTS and 18-CR-36-LTS.
Follow us on Twitter @USAO_NDIA.
Department of Justice, Bureau of Consumer Financial Protection, U.S. Securities and Exchange Commission, Federal Trade Commission Announce Task Force on Market Integrity and Consumer FraudRead the Press Release
Deputy Attorney General Rod Rosenstein today announced the establishment of a new Task Force on Market Integrity and Consumer Fraud. The Task Force, which is formed pursuant to Presidential Executive Order, will provide guidance for the investigation and prosecution of cases involving fraud on the government, the financial markets, and consumers, including cyber-fraud and other fraud targeting the elderly, service members and veterans, and other members of the public; procurement and grant fraud; securities and commodities fraud, as well as other corporate fraud, with particular attention to fraud affecting the general public; digital currency fraud; money laundering, including the recovery of proceeds; health care fraud; tax fraud; and other financial crimes.
Deputy Attorney General Rosenstein was joined in the announcement by Acting Director Mick Mulvaney of the Bureau of Consumer Financial Protection, Chairman Jay Clayton of the Securities and Exchange Commission, and Chairman Joe Simons of the Federal Trade Commission.
“Fraud committed by companies and their employees has a devastating impact on American citizens in the financial markets, the health care sector, and elsewhere,” said Deputy Attorney General Rosenstein. “The President’s order directs the Task Force to invite participation from our law enforcement partners at many departments and agencies. By working together, we can achieve more effective and efficient outcomes. Drawing on our pooled resources, including subject-matter expertise, data repositories, and analysts and investigators, we can identify and stop fraud on a wider scale than any one agency acting alone.”
“As Acting Director of the Bureau, one of my top priorities has been to go after bad actors,” said Acting Director Mick Mulvaney of the Bureau of Consumer Financial Protection. “The Bureau takes its mandate to enforce the law seriously, and the Bureau will continue to apply the law to achieve this end of combatting fraud against Americans. The recent settlement with Wells Fargo is a great example of the Bureau coordinating closely with sister regulators to remedy legal violations. Interagency cooperation is incredibly important for these complex issues, as criminals do not stay neatly within state lines or even national borders. This task force is an example of the growing cooperation of the Bureau’s work with other federal and state authorities to combat a multitude of bad actors out there today.”
“At the SEC we work every day to protect Main Street investors,” said SEC Chairman Clayton. “This Task Force will allow us to build on the close partnerships we have with our fellow regulators and law enforcement agencies to deter and combat retail fraud.”
“Stopping fraud against consumers is at the heart of the FTC’s mission,” said FTC Chairman Joe Simons. “To combat these problems, the Commission has developed a multi-faceted strategy: we bring enforcement actions to protect consumers; and we engage in education initiatives to help the general public, the elderly and service members detect and avoid scams. The FTC looks forward to further collaboration with the Department of Justice and other agencies through participation in this Task Force, so we can leverage our skills and resources to protect as many consumers as possible.”
The Task Force will be led by the Deputy Attorney General, who serves as Chair, and the Associate Attorney General, who serves as Vice Chair. In the performance of its functions, the Task Force is directed to invite participation from the Departments of Treasury, Defense, Health and Human Services, Housing and Urban Development, Energy, Education, Veterans Affairs, and Homeland Security, as well as the Small Business Administration, the Board of Governors of the Federal Reserve System, the Social Security Administration, the United States Agency for International Development, the Bureau of Consumer Financial Protection, the Federal Trade Commission, the Securities and Exchange Commission, the General Services Administration, the National Credit Union Administration, the Commodity Futures Trading Commission, the Board of Directors of the Federal Deposit Insurance Corporation, the Federal Housing Finance Agency, the Office of the Comptroller of the Currency, and the Postal Inspection Service.
Department of Justice Announces Regulatory Steps to Address Opioid EpidemicRead the Press Release
The Department of Justice today announced the finalization of an April proposal to improve the Drug Enforcement Administration’s ability to control the diversion of dangerous drugs in the midst of the national opioid crisis. Announced in April by Attorney General Jeff Sessions, the final rule sent for publication today in the Federal Register establishes that DEA will take into consideration the extent that a drug is diverted for abuse when it sets its annual opioid production limits.
If DEA believes that that a particular opioid or a particular company’s opioids are being diverted for misuse, this allows DEA to reduce the amount that can be produced in a given year. These revised limits will encourage vigilance on the part of opioid manufacturers, help DEA respond to the changing drug threat environment, and protect the American people from potentially addictive drugs while ensuring that the country has enough opioids for genuine medical, scientific, research and industrial needs.
"The opioid epidemic that we are facing today is the worst drug crisis in American history," Attorney General Sessions said. "To help end it, DEA must make sure that we prevent diversion and abuse of prescription opioids. Today's new rule, by taking diversion of these opioids into account, will allow the DEA to be more responsive to the facts on the ground. More importantly, it will help us stop and even prevent diversion from taking place. The American people can be confident that we are now better equipped to protect them from dangerous drugs and that this rule brings us one step closer to finally ending this unprecedented crisis."
“These common-sense actions directly respond to the national opioid epidemic by allowing DEA to use drug diversion as a basis to evaluate whether a drug’s production should be reduced,” said DEA Acting Administrator Uttam Dhillon. “This also opens the door for increased communication and better information sharing between DEA and individual states, as we work together to address the opioid problem plaguing our country.”
The final rule enhances the roles for the state attorneys general. It requires DEA to share notices of proposed aggregate production quotas, and final aggregate production quota orders, to the state attorneys general. It also allows for a hearing if necessary to resolve an issue of material fact raised by a state’s objection to a proposed aggregate production quota as excessive in relation to legitimate U.S. need.
DEA also announced that the final rule allows DEA to consider relevant information from the Department of Health and Human Services, Food and Drug Administration, the Centers for Disease Control, and the Centers for Medicare and Medicaid Services, as well as relevant information from the states.
Following April’s announcement of the proposed rule changes, DEA received more than 1,600 public comments in response.
NOTE: To view the advance text of the final rule as approved by the Acting Administrator and submitted for publication in the Federal Register click here.
Delaware Man Admits Conspiring to Defraud the IRS by Filing False Corporate Tax ReturnsRead the Press Release
NEWARK, N.J. – A Wilmington, Delaware, man today admitted conspiring with his father to file false federal tax returns for shell companies, resulting in approximately $241,000 in fraudulent refunds, U.S. Attorney Craig Carpenito announced.
Johnathan Crespo, 34, pleaded guilty before U.S. District Judge Jose L. Linares in Newark federal court to an information charging him with one count of conspiring with Jose Crespo to defraud the IRS by filing false corporate tax returns and cashing the resulting fraudulent refund checks.
According to the documents filed in this case and statements made in court:
Between 2011 and 2013, Johnathan Crespo and his father, Jose Crespo, filed numerous false federal corporate tax returns, IRS Forms 1120, for fake businesses, knowing that the businesses were not real and that the credits claimed on the tax returns were false. These false tax returns resulted in approximately $241,000 in fraudulent refunds being issued by the IRS.
In filing these false tax returns, Johnathan and Jose Crespo took advantage of fuel excise tax credits offered under federal tax law. The federal government taxes gasoline, diesel fuel, and certain other types of fuel, but certain commercial uses of these fuels are nontaxable. Businesses that purchase fuel for a nontaxable use can claim a tax credit by filing an IRS Form 4136, “Credit for Federal Tax Paid on Fuels.”
In one instance, Johnathan and Jose Crespo filed a federal corporate tax return for 2011 for Advanced Transportation Corp. that falsely claimed a fuel excise tax credit of $24,898 and a resulting refund of $20,767. Advanced Transportation Corp. was a shell company, and the fuel excise tax credit and other tax return numbers were false. Johnathan Crespo received and cashed the $20,767 refund check at a check-cashing facility in Guttenberg, New Jersey. He cashed many other refund checks for similar false tax returns at this same check-cashing facility.
Jose Crespo pleaded guilty on Sept. 11, 2017, before Judge Linares to engaging in the fuel excise tax credit scheme and another tax fraud scheme, which together claimed fraudulent refunds from the IRS of nearly $1.5 million. He was sentenced on Dec. 20, 2017, to three years in prison.
Marilyn Crespo, Jose Crespo’s wife, pleaded guilty March 1, 2018, before Judge Linares to engaging in the same fuel excise tax credit scheme and causing a loss to the IRS of $286,742. Marilyn Crespo was sentenced on June 27, 2018, to 12 months and one day in prison and ordered to pay restitution of $286,742.
Johnathan Crespo’s brother, Jason Crespo, pleaded guilty June 28, 2018, before Judge Linares to engaging in the same fuel excise tax credit scheme and causing a loss to the IRS of $191,953. His sentencing is scheduled for Oct. 4, 2018.
The count of conspiracy to defraud the IRS carries a maximum potential penalty of five years in prison and a potential fine of $250,000 or twice the gross gain or loss from the offense, whichever is greater. Johnathan Crespo’s sentencing is scheduled for Oct. 16, 2018.
U.S. Attorney Carpenito credited special agents of IRS-Criminal Investigation, under the direction of Acting Special Agent in Charge Bryant Jackson, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Rahul Agarwal, Deputy Chief of the Criminal Division in Newark.Defendant Sentenced Today for Firearm and Drug Trafficking OffenseRead the Press Release
U.S. Attorney Duane A. Evans announced that JAMIRON BARNES, a/k/a “Miron,” a/k/a “Myron,” age 22, was sentenced today to 60 months imprisonment for one count of Possession of a Firearm in Furtherance of a Drug Trafficking crime in violation of Title 18, United States Code, Section 924(c)(1)(A). U.S. District Court Judge Carl J. Barbier additionally sentenced BARNES to five years supervised release following his 60-month term of imprisonment and a $100.00 special assessment fee.
U.S. Attorney Evans praised the continued coordinated effort of federal and state law enforcement authorities, including the United States Attorney’s Office, the Federal Bureau of Investigation’s New Orleans Gang Task Force, and the New Orleans Police Department. Assistant United States Attorney Elizabeth Privitera is in charge of the prosecution.
Defendant Sentenced Today for Firearm and Drug Trafficking OffenseRead the Press Release
U.S. Attorney Duane A. Evans announced that SEAN BRIGGS, a/k/a “Big Sean,” a/k/a “Big C,”, age 33, was sentenced today to 60 months imprisonment for one count of Possession of a Firearm in Furtherance of a Drug Trafficking crime in violation of Title 18, United States Code, Section 924(c)(1)(A). U.S. District Court Judge Carl J. Barbier additionally sentenced BRIGGS to five years supervised release following his 60-month term of imprisonment and a $100.00 special assessment fee.
U.S. Attorney Evans praised the continued coordinated effort of federal and state law enforcement authorities, including the United States Attorney’s Office, the Federal Bureau of Investigation’s New Orleans Gang Task Force, and the New Orleans Police Department. Assistant United States Attorney Elizabeth Privitera is in charge of the prosecution.
Crips East Terrance Gangstas Ringleader and Two Others Face Additional Federal ChargesRead the Press Release
In San Antonio, 40-year-old Crips East Terrance Gangstas ringleader Alvin Clark (aka “Ray Ray”) and two other gang members face additional federal charges stemming from their arrests last November on a federal “crack” cocaine distribution conspiracy charge, announced United States Attorney John F. Bash, Federal Bureau of Investigation Special Agent in Charge Christopher Combs and San Antonio Police Chief William McManus.
Today, the federal grand jury returned separate indictments against Clark, 35-year-old James Bilal Ali and 21-year-old Dai’Vonte E’Shaun Titus Ross. Clark and Ali are charged with one count of being a convicted felon in possession of a firearm. Ross is charged with one count of possession with intent to distribute “crack” cocaine and one count of possession of a firearm in furtherance of a drug trafficking crime.
On November 17, 2017, federal and state authorities arrested the trio based on a separate federal indictment alleging their involvement in a “crack” cocaine distribution conspiracy. According to the indictments returned today, Clark was in possession of a 12 gauge shotgun and a 9mm pistol while Ali was in possession of a 9mm pistol at the time of their arrests. At the same time, authorities discovered that Ross was in possession of 28 grams of “crack” cocaine as well as a 9mm pistol, a .45 pistol, a .22 rifle and a 12 gauge shotgun.
Clark and Ali face up to ten years in federal prison upon conviction of the firearm charge. Ross faces between five and 40 years in federal prison on the drug charge and no less than five years in federal prison on the firearms charge.
Each defendant remains in custody and is awaiting trial on the federal drug conspiracy charge (SA17cr874) scheduled for July 30, 2018. Upon conviction of that charge, the defendants face between ten years and life in federal prison.
This investigation, conducted by the Federal Bureau of Investigation and the San Antonio Police Department, focuses on drug trafficking and violent crime occurring on the city’s Eastside.
Assistant United States Attorney Sarah Wannarka is prosecuting this case on behalf of the Government.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
Cranston Man Indicted, Arraigned for Alleged Possession and Receipt of Child PornographyRead the Press Release
PROVIDENCE – A Cranston man pleaded not guilty on Tuesday in U.S. District Court in Providence to a federal grand jury indictment charging him with possession and receipt of child pornography.
Steven Papazian, 31, of Cranston, was indicted on July 3, 2018, on one count each of possession of child pornography and receipt of child pornography.
Papazian was released on GPS electronic monitoring following his arraignment before U.S. District Court Magistrate Judge Lincoln D. Almond.
According to information presented to the court, it alleged that Papazian was downloading and sharing child pornography over the internet using multiple peer-to-peer network file sharing software programs. Forensic analysis identified more than 40,000 images and videos of child pornography, including prepubescent images and sadomasochistic images.
The indictment and arraignment of Steven Papazian are announced by United States Attorney Stephen G. Dambruch; Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police; and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Possession of child pornography is punishable by statutory penalties of up to 10 years in federal prison, lifetime supervised release and a fine of $250,000. Receipt of child pornography is punishable by statutory penalties of 5 to 20 years in federal prison, lifetime supervised release and a fine of $250,000.
The case is being prosecuted by Assistant U.S. Attorney John P. McAdams.
The matter was investigated by the Rhode Island State Police Internet Crimes Against Children Task Force and the Homeland Security Investigations.
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Corrections Officer Pleads Guilty to Scheme to Smuggle Opioids into Prison for InmateRead the Press Release
BOSTON – A corrections officer at the Massachusetts Correctional Institute facility in Norfolk (MCI-Norfolk) pleaded guilty today in federal court in Boston to a conspiracy to smuggle Suboxone strips into the facility for an inmate.
William Holts, 51, of Pawtucket, R.I., pleaded guilty to one count of conspiracy to possess a controlled substance. U.S. District Court Judge Indira Talwani scheduled sentencing for Sept. 17, 2018. Holts, an employee of the Massachusetts Department of Correction, was charged and arrested on May 9, 2018.
Beginning around April 30, 2018, Holts advised an inmate, for whom he had smuggled other contraband, that he was willing to smuggle drugs into MCI-Norfolk in exchange for cash. In a series of recorded calls, Holts arranged to meet with a source outside the correctional facility to get the cash and obtain drugs to be smuggled in. Holts agreed to bring in over 100 Suboxone strips in exchange for $2,000 in cash.
According to court documents, Suboxone is a Class III controlled substance intended to treat heroin addiction, but some abuse the drug to get high. It is coveted contraband in prisons across the nation and particularly in New England. Suboxone strips, which dissolve under the tongue, may be tucked behind envelope seams and stamps.
The charge of conspiracy to possess a controlled substance provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $500,000. 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; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Commissioner Thomas A. Turco III of the Massachusetts Department of Correction made the announcement today. Assistant U.S. Attorney Eugenia M. Carris of Lelling’s Public Corruption and Special Prosecutions Unit is prosecuting the case.
Convicted Felon Sentenced to 100 Months Imprisonment for Possessing Stolen FirearmRead the Press Release
Memphis, TN – Louis Driver, 43, of Lauderdale County, has been sentenced to 100 months in federal prison for being a convicted felon in possession of a firearm and possession of a stolen firearm. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.
According to information presented in court, on January 27, 2017, Lauderdale County Sheriff’s Office received information that Louis Driver was involved in a burglary in which several firearms were stolen. Law enforcement conducted an investigation that led them to Driver’s residence. After receiving consent to search the residence, investigators located Driver in a bedroom. Upon searching the bedroom, investigators located a Heckler & Koch .45 caliber pistol, loaded with 12 rounds of ammunition, which was stolen during the burglary. Driver, who was on parole at time he committed this offense, admitted to possessing the firearm.
U.S. Attorney D. Michael Dunavant said: "This defendant has a long criminal history of felony and misdemeanor convictions involving violence, drug possession, and property damage, and was on parole for felony drug offenses when he was found in possession of a stolen firearm from a home burglary. Mr. Driver has devoted his adult life to a career of criminal conduct in Lauderdale County, and that prior history has finally caught up with him. This sentence removing him from the community for more than 8 years will make Lauderdale County and West Tennessee a safer place."
This case was investigated by the Lauderdale County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Columbia Man Pleads Guilty to Meth Conspiracy, Faces 15 Years in PrisonRead the Press Release
JEFFERSON CITY, Mo. – A Columbia, Mo., man pleaded guilty in federal court today to his role in a conspiracy to distribute methamphetamine and to illegally possessing a firearm.
Gary Deangelo Warren, 32, pleaded guilty before U.S. Magistrate Judge Willie J. Epps, Jr., to one count of conspiracy to distribute methamphetamine and one count of possessing a firearm in relation to a drug-trafficking crime.
Co-defendant Michael Scott Bilderback, 39, pleaded guilty on May 31, 2018, to his role in the drug-trafficking conspiracy.
Warren was arrested on May 8, 2017, when he arrived at the arranged meeting place to sell methamphetamine to a confidential informant. Warren was carrying two plastic baggies with a total of approximately 16.1 grams of methamphetamine and a loaded Jimenez Arms .380-caliber semi-automatic pistol. Officers also found a plastic bag containing approximately 445.2 grams of pure methamphetamine inside a shoebox on the rear passenger floorboard of the vehicle Warren was driving.
Bilderback, who was arrested on the same day, received methamphetamine from Warren to distribute to others. Bilderback admitted to selling at least eight ounces of methamphetamine a day during the two months prior to his arrest. Columbia police officers seized approximately 112.7 grams of methamphetamine during the execution of a search warrant at Bilderback’s motel room in Columbia.
Under the terms of today’s plea agreement, the government and Warren agree to a sentence of 15 years in federal prison without parole. The sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Lawrence E. Miller and Special Assistant U.S. Attorney Aaron Jolly. It was investigated by the Drug Enforcement Administration, the Columbia, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Colorado Woman Sentenced for Civil Disorder During the Dakota Access Pipeline (DAPL) Project ProtestRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that on July 11, 2018, Chief United States District Judge Daniel L. Hovland sentenced Redfawn Fallis, age 39, of Colorado, on charges of Civil Disorder and Possession of a Firearm and Ammunition by a Convicted Felon during the DAPL protest in October 2016. Judge Hovland sentenced Fallis to serve 4 years and 9 months in federal prison, to be followed by 3 years of supervised release, and was further ordered to pay a $200.00 special assessment.
On October 27, 2016, law enforcement officers began an effort to remove individuals protesting the DAPL project at a location where protesters had erected an illegal roadblock on Highway 1806, south of Mandan, ND, and who were criminally trespassing on private property. Law enforcement officers gave advisements over a loudspeaker system asking people to voluntarily leave the roadway and to travel back to the established protest camps. Law enforcement officers assisting with moving protesters identified Red Fawn Fallis as an instigator who was acting disorderly. Fallis was wearing a gas mask, screaming at officers and failing to move back when ordered to do so. Officers approached Fallis and during a struggle, took her to the ground and attempted to handcuff her. Fallis resisted officers as they tried to gain control of her hands; however, Fallis kept her left arm tucked under her body. One of the officers briefly stopped pulling on Fallis’ left arm, which he was attempting to release from under her body in order to make it easier for another officer to place her right hand into a flex handcuff. As the officer released Fallis’ left arm, Fallis fired three gunshots in a quick succession. The officer saw a revolver underneath Fallis’ stomach as she turned slightly on her left side. He yelled “gun” and grabbed onto it as she brought it back underneath her stomach. The officer struggled with Fallis for control of the firearm, and was eventually able to gain control of the weapon. The firearm was a Ruger .38 Special revolver. A search of her person resulted in the recovery of multiple rounds of .38 caliber ammunition in her jacket pocket.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE); North Dakota Highway Patrol; Pennington County Sheriff’s Department, Rapid City, SD; and the Morton County Sheriff’s Office.
This case was prosecuted by Assistant U.S. Attorneys David Hagler and Gary Delorme.
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Clayton Man Sentenced for Receipt of Child PornographyRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, Chief United States District Judge James C. Dever, III sentenced JAMIE BROOKS FRANKLIN, 37, of Clayton to 180 months in prison, 10 years of supervised release for the Receipt of Child Pornography (CP). FRANKLIN pled guilty to the charge on January 23, 2018.
On September 19, 2014, Xoom.com, an online international money transfer service, notified Yahoo! that a number of Yahoo! accounts were engaged in the sale of material depicting child exploitation. A Xoom.com Cybertip Report was forwarded to Yahoo!’s Electronic Crimes Investigative Team (ECIT). The ECIT conducted an investigation and observed that several Yahoo! electronic accounts operating in the Philippines were involved in the sale of materials portraying the sexual abuse of minors. Based on the investigation, search warrants were obtained for the seller accounts and executed in February 2015. The search uncovered a chat conversation between a seller and a buyer using an email account later identified to be FRANKLIN’S. They discussed the sale of pictures, videos, and live webcam shows depicting minors engaged in sexual activity. The seller and FRANKLIN exchanged emails as a means of communication. In September 2014, the seller sent FRANKLIN multiple images which depicted the sexual exploitation of minors. The images were provided to FRANKLIN for his consideration when making a purchase. The seller also provided the FRANKLIN with 26 additional images of child pornography which included bestiality.
Agents learned that several of the login IP addresses utilized by FRANKLIN were assigned to Time Warner Cable (TWC). On December 10, 2015, Yahoo! notified the National Center for Missing and Exploited Children (NCMEC) that the defendant’s account received at least one video depicting child pornography (CP) in November 2015. The video depicted two nude prepubescent females between the ages of 12 and 15 engaged in sexual activity with each other. As the investigation progressed, at least six seller accounts were identified as being associated with and used by FRANKLIN to purchase CP. FRANKLIN received CP from sellers through his email and Dropbox accounts.
A search warrant was obtained and executed at FRANKLIN’S residence on November 9, 2016. Prior to the search, FRANKLIN made an unprotected statement to investigating agents. Specifically, the defendant advised he began viewing CP approximately five years earlier, and he preferred females between the ages of 8 and 9 to adulthood. The defendant acknowledged currently possessing a “couple of hundred” images and videos of CP in his Dropbox account. FRANKLIN also acknowledged utilizing his Yahoo! email and Kik Messenger, an instant messenger application for mobile phones, to locate like-minded individuals and share CP. Once a like-minded individual was located, the defendant and the individual exchanged Dropbox URLs to gain access to each other’s collection of CP. FRANKLIN also acknowledged utilizing Skype, a video chat program, to watch live sex shows with other adults.
The investigation recovered at least 42,610 images of CP, many of which depicted nude prepubescent minors engaged in explicit sexual conduct. Many of the images and videos depicted prepubescent children less than 12 years of age and several of the images and videos portrayed sadistic or masochistic conduct or other depictions of violence.
Mr. Higdon commented: “Today the Court imposed a 15 year sentence on a defendant who preyed upon numerous of our most vulnerable citizens. Through the collection and distribution of child pornography the defendant victimized our children in the most degrading and base way. The sentence imposed by the court is extremely appropriate and should be a warning to others who would threaten our children in this way. We will seek sentences like this in other cases in our unwavering effort to stop this type of behavior and to protect our children. I want to thank the investigators with the FBI and the Johnston County Sheriff’s Office for their outstanding work.”
The case was investigated by Federal Bureau of Investigation and the Johnston County Sheriff’s Office. The federal prosecution was handled by Assistant United States Attorney Ethan A. Ontjes.
This case was part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level. For more information about this important national project, Project Safe Childhood, go to www.projectsafechildhood.gov.
Clairton Man Sentenced for Role in Cocaine Trafficking SchemeRead the Press Release
PITTSBURGH, PA – A resident of Clairton, Pennsylvania, has been sentenced in federal court to three years’ probation, 180 days of which is to be served in home confinement, and a $7,500 fine on his conviction of conspiracy to distribute narcotics, United States Attorney Scott W. Brady announced today.
United States District Judge Arthur J. Schwab imposed the sentence on Samuel Lopresti, 56.
According to information presented to the court at the time he entered a guilty plea, Lopresti, from March through June 2017, regularly purchased cocaine in 1.5 ounce to four ounce quantities from his codefendant, Skyler Carter, for personal use and for further distribution in the Clairton area. He was held responsible for the distribution of between 400 and 500 grams of cocaine during that period. Lopresti is the fourth of the 21 defendants charged in the conspiracy to be sentenced.
Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the Allegheny County Sheriff’s Office, the Allegheny County Police Department, and the Pittsburgh Bureau of Police. The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Charleston Man Pleads Guilty to Federal Drug ConspiracyRead the Press Release
CHARLESTON, W.Va. – A Charleston man caught selling methamphetamine in June 2017 pleaded guilty today to a federal drug conspiracy charge, announced United States Attorney Mike Stuart. William Naylor, 30, entered his guilty plea to an indictment charging him with conspiracy to distribute methamphetamine. Stuart praised the joint investigation conducted by the Drug Enforcement Administration, the Violent Crime and Drug Task Force West, and the Kanawha County Sheriff’s Department STOP Team.
“We are prosecuting an increasing number of meth defendants,” said United States Attorney Mike Stuart. “This is a most disappointing trend. And for those drug users that think meth is safer than heroin – beware – we are finding that meth is often laced with other drugs and leading to overdoses.”
Naylor admitted that from at least June 2017 to September 2017, he worked with Melody Legg to distribute methamphetamine in Kanawha County. As part of the plea agreement, Naylor admitted to distributing methamphetamine to a confidential informant in June 2017.
Naylor faces up to 20 years in federal prison when he is sentenced on October 4, 2018.
The plea hearing was held before United States District Judge Joseph R. Goodwin. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
The drug prosecution is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Chalmette Woman Charged with Stealing over Two Million Dollars from Her EmployerRead the Press Release
U.S. Attorney Duane A. Evans announced that JENNIFER GUILLOT (GUILLOT), age 40, of Chalmette, Louisiana was charged on Monday, July 9, 2018 by a Bill of Information for Bank Larceny, in violation of Title 18, United States Code, Section 2113(b).
According to the Bill of Information, GUILLOTT began working at a local business, located in the Eastern District of Louisiana, in 1996 as a secretary/bookkeeper. Sometime after she started working there GUILLOT and her husband began having financial difficulties. GUILLOT, through three separate and distinct schemes stole money from the accounts of the victim in the custody of Hibernia National Bank, now Capital One Bank. The accounts of Hibernia National Bank were then insured by the Federal Deposit Insurance Corporation (F.D.I.C.), thus giving the federal jurisdiction.
GUILLOT defrauded the company by writing company checks to herself without the permission of the victim. The loss to the victim through GUILLOT’s first scheme was $563,927.26.
GUILLOT stole money in a second scheme by writing company checks to her credit card companies for personal expenses without the company’s permission. The loss to victim through this scheme was $866,077.10.
GUILLOT stole money in a third scheme by logging on to the victim company’s Automated Clearinghouse Account (ACH) electronically and without the victim company’s permission and paying personal credit bills. The loss to the victim through this scheme was $640,668.85.
When bank statements would arrive in the mail, GUILLOT would “white out” any entities which showed she stole money. She made copies of the altered statements. She would shred the originals and cancelled checks. GUILLOT would further conceal her schemes by falsely showing payments made to herself to appear as payments to vendors of the victim.
The grand total of GUILLOT’s schemes is $2,070,673.21.
U. S. Attorney Evans reiterated that a Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
If convicted, GUILLOT faces a maximum penalty of ten (10) years imprisonment, followed by up to three (3) years of supervised release, a fine of up to $250,000.00, and a mandatory $100 special assessment, as well as restitution to the victim.
U.S. Attorney Evans praised the work of the United States Postal Inspection Service. The prosecution of this case is being handled by Carter K. D. Guice, Jr., Assistant U.S. Attorney.
Buffalo Man Pleads Guilty to Distributing FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Calvin Elston, Jr., 41, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 400 grams or more of fentanyl, before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between July 2013 and May 2015, the defendant conspired with co-defendants Brandon Coburn, Jennifer L. Courton, Rodney Courton, John Davis, Jessica Howard, Samuel Nappo, Tashaira Vazquez, Terrance Williams, Johanna Sanchez-Rodriquez, Luis Diaz, and others, to distribute fentanyl, oxymorphone, oxycodone, and amphetamines, Schedule II controlled substances.
Over the course of the conspiracy, Elston obtained prescriptions in his own name, and in the names of others, from co-defendant Brandon Coburn, a nurse practitioner. Neither he, nor the others, ever saw Coburn for treatment. The defendant and co-defendant, Jennifer L. Courton, would then recruit various individuals who would agree to go to pharmacies to submit prescriptions. These individuals, including Rodney Courton, John Davis, Jessica Howard, Samuel Nappo, Tashaira Vazquez, Terrance Williams, Johanna Sanchez-Rodriquez, Luis Diaz, and others, would be paid money for their services. Coburn would also be paid for writing each prescription.
In total, from July 2013 to May 2015, 253 prescriptions were issued by co-defendant Coburn without any legitimate medical purpose.
A total of 10 defendants have been convicted in this case.Today’s plea is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division.
Sentencing is scheduled for October 22, 2018 at 12:30 p.m. before Judge Arcara.
Buffalo Man Arrested, Charged with Drug and Gun PossessionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Edwin Colon, 24, of Buffalo, NY, was arrested and charged with possession with intent to distribute cocaine, and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a mandatory minimum sentenced of five years in prison, a maximum of life, and a $1,000,000 fine.
Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that according to the complaint, on March 19, 2018, the Erie County Sheriff’s Office executed a search warrant at the defendant’s residence at 187 Hickory Street in Buffalo. Deputies recovered a .40 caliber semi-automatic pistol, 42 rounds of ammunition, and a quantity of cocaine.
The defendant appeared before U.S. Magistrate Judge Michael J. Roemer for a detention hearing this morning and was released on conditions.The complaint is the result of an investigation by the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Brunswick Man Sentenced to 10 Years for Illegally Possessing a Sawed-Off ShotgunRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Joshua Knight, 35, of Brunswick, Maine, was sentenced today in U.S. District Court by Chief Judge Nancy Torresen to 10 years in prison and three years of supervised release for possession of a firearm by a felon. Knight pleaded guilty to the charge on January 5, 2018.
According to court records and evidence presented at the sentencing hearing, in August 2016, Knight possessed a Remington 12 gauge semi-automatic sawed-off shotgun at his Brunswick residence that he once held to the head of a girlfriend and threatened: “This is what it feels like right before you die.” Knight was prohibited from possession the firearm because he had prior Maine felony convictions for aggravated marijuana furnishing and operating under the influence with priors.
In imposing the statutory maximum sentence, Chief Judge Torresen said: “Your criminal history shows trends that are very disturbing… the things you have done are, frankly, heinous.”
The investigation was conducted by the Brunswick Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 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 a 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.
Bradenton Fentanyl Trafficker Sentenced to PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Bobby Harper (23, Bradenton) to five years in federal prison for distributing more than 40 grams of fentanyl. Harper pleaded guilty on April 23, 2018.
According to court documents, on April 12, 2017, a Drug Enforcement Administration undercover agent (“UC”) and a confidential informant (“CI”) made a controlled purchase of narcotics from Harper. The CI called Harper and requested two ounces of heroin. Harper agreed to meet the CI at a location in Manatee County and sell him two ounces of heroin for $5,600. Once at the meeting location, Harper entered the UC’s vehicle and exchanged the package containing the drugs for the cash. A subsequent lab test revealed that the substance weighed 56.694 grams and was a mixture of heroin and fentanyl.
This case was investigated by the Drug Enforcement Administration and the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Shauna S. Hale. This case is the result of an Organized Crime Drug Enforcement Task Force (“OCDETF”) investigation entitled “Hot Batch.” The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Braddock Felon Charged with Illegally Possessing Heroin and GunsRead the Press Release
PITTSBURGH, PA – A former resident of Allegheny County, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal drug and firearms laws, United States Attorney Scott W. Brady announced today.
The three-count indictment, returned on July 10, named Javell R. Garner, a/k/a "Vell", a/k/a "Trill", age 25, of Braddock, Pennsylvania, as the sole defendant.
According to the Indictment, in May 2017, Garner possessed a .22 caliber semi-automatic Phoenix Arms pistol; and on June 14, 2018, he possessed a .45 G.A.P. caliber semi-automatic Springfield Armory pistol and .45 G.A.P caliber ammunition, after having been convicted of previous felony drug trafficking offenses. The Indictment further alleges that on June 14, 2018, Garner possessed with intent to distribute heroin, a Schedule I controlled substance.
The defendant faces a maximum total penalty of up to 40 years in prison, a fine of $1,500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendant.
Assistant United States Attorney Ross E. Lenhardt is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation leading to theiIndictment in this case with valuable assistance from the Pittsburgh Bureau of Police, the Port Authority Police Department, the Allegheny County Housing Authority, the Braddock Police Department, and the Pennsylvania State Police. 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.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Attorney General Jeff Sessions Welcomes Brian A. Benczkowski as Assistant Attorney General for the Criminal DivisionRead the Press Release
Attorney General Jeff Sessions today welcomed the confirmation of Brian Allen Benczkowski as the Department of Justice’s Assistant Attorney General for the Criminal Division.
“Brian is an outstanding lawyer with a diverse public service and criminal law background spanning over 20 years,” said Attorney General Sessions. “This will be the sixth senior position Brian has held at the Department, and we are fortunate to have someone with his breadth of experience and strong leadership skills willing to serve again. At a time like this—with surging violent crime and an unprecedented drug epidemic—this position is especially important.”
Mr. Benczkowski’s diverse legal background including over 10 years of public service experience in the federal government in key leadership positions. He previously served as the Chief of Staff for the Office of the Attorney General and the Office of the Deputy Attorney General from 2008 to 2009. As the principal legal, policy and political advisor to the two senior leaders of the Department of Justice, he played an integral role in overseeing the overall direction of the Department, including operational, policy and public relations efforts. Mr. Benczkowski, 48, has also served as Principal Deputy Assistant Attorney General for Legislative Affairs, where he managed the Department’s relationship with Congress. During that time, he was responsible for directing the Department's response to congressional investigations and requests for information and documents, and preparing numerous witnesses and nominees for testimony before Congress. Mr. Benczkowski also served as chief of staff at the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and staff director and senior counsel to the Justice Department’s Office of Legal Policy.
Prior to his nomination by the President to serve as the Assistant Attorney General for the Criminal Division, Mr. Benczkowski served as a partner in a large Washington, DC law firm where Mr. Benczkowski’s practice focused on white-collar criminal defense as well as government and internal investigations. Mr. Benczkowski received his J.D., with high honors, from the Washington University School of Law in St. Louis, Missouri, and his B.A. from the University of Virginia.Athens Residents Sentenced for Possessing Firearms in Furtherance of Drug Trafficking Under Project Safe NeighborhoodsRead the Press Release
ATHENS: Charles E. Peeler, United States Attorney for the Middle District of Georgia, announces that on July 11, 2018, United States District Court Judge C. Ashley Royal sentenced Robert Jackson, age 24, of Athens, GA, and Donald Hatfield, age 22, of Jefferson, GA, to 60 months’ imprisonment each for possession of a firearm in furtherance of a drug trafficking crime.
There is no parole in the federal system.
The pair entered guilty pleas on April 10, 2018. As stipulated in their plea agreements, on December 14, 2016, Athens-Clarke County Police Department officers executed a search warrant at Jackson and Hatfield’s shared apartment based on information that marijuana and other drugs were being distributed from the residence. In the subsequent search, police seized five loaded firearms, along with digital scales, suspected alprazolam pills, marijuana, and marijuana edibles. Receipts recovered at the scene also showed that both Jackson and Hatfield had spent large amounts in cash for cars and jewelry, despite the fact that neither one was employed.
“In the short term, selling drugs may lead to cars and jewelry,” said United States Attorney Charles Peeler. “But in the long term, it will only lead to prison time.”
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 Athens-Clarke County Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant United States Attorneys Graham A. Thorpe and Peter D. Leary prosecuted the case for the United States.
Questions concerning this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
Ashland City Woman Sentenced to Four Years in Federal Prison for Credit Card Fraud SchemeRead the Press Release
Samantha Jean Thompson, 39, of Ashland City, Tennessee, was sentenced Monday to four years in federal prison, to be followed by four years of supervised release, for bank fraud and aggravated identity theft, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. Chief U.S. District Judge Waverly D. Crenshaw, Jr., also ordered Thompson to pay $569,231.78 in restitution.
Thompson was indicted in August 2017 and pleaded guilty to six counts of bank fraud and one count of aggravated identity theft on March 1, 2018.
According to documents filed with the Court, between May 2014 and October 2016, Thompson was employed as the office manager and bookkeeper of Builder's Supply Source, Inc., a cabinetry supply company in Nashville. Thompson admitted that she used her position to make fraudulent charges to American Express credit cards issued to company employees, utilizing the mobile payment application Square, Inc. Thompson renamed her account with Square to closely resemble the name of a legitimate vendor and then used Square to process cash transfers to her personal bank account. During the execution of this scheme, Thompson made fraudulent transfers 289 times that totaled more than $500,000.
According to testimony at the sentencing hearing, Builder’s Supply Source participates in area Re-entry initiatives and employs persons being released from prison. The future of all employees was placed into jeopardy when the company was almost bankrupted by Thompson’s actions. The scheme was uncovered after Christmas bonuses were paid and the bank notified the company that there was insufficient funds in their account.
This case was investigated by the Federal Bureau of Investigation and the Metropolitan Nashville Police Department. Assistant U.S. Attorney Siji Moore prosecuted the case.
Alabama man pleads guilty to enticing a minor to engage in sexual activityRead the Press Release
NEWNAN, Ga. - Christopher Bradley Braden, who on two separate occasions arranged to meet minor girls for sex, pleaded guilty to enticing a minor to engage in illegal sexual activity.
“Braden was lurking on the internet seeking to prey on young girls,” said U.S. Attorney Byung J. “BJay” Pak. “On two separate occasions, the defendant drove for hours hoping to have sex with the girls. Thanks to the vigilance of our local law enforcement partners, Braden will be held accountable for his depraved conduct.”
“The FBI’s Violent Crimes Against Children unit, along with the FBI Atlanta Metro Atlanta Child Exploitation Task Force (MATCH) remain vigilant for predators who pose a threat to our children,” said J. C. Hacker, Special Agent in Charge of FBI Atlanta. “Braden’s plea should send a message to child predators that law enforcement is hunting them just as they are hunting victims.”
“The internet is a tool that has provided our society with many wonderful conveniences, however, the internet also has a dark side that sexual predators can use to prey on children,” said Marietta Police Chief Dan Flynn. “This case is a good example of federal, state, and local law enforcement collaborating to counter criminal activity on the internet in order to protect our children.”
“Our department is fortunate to have teamed up with federal, state and local law enforcement partners to stop this predator,” said Bremen Police Chief Keith Pesnell. “I’m also grateful for the hard work of my officer who was involved in taking Braden off the street to protect our children.”
According to U.S. Attorney Pak, the charges and other information presented in court: In November 2016, Braden started communicating with a young girl on the cell phone app - Meet24. She told him that she was 13 years old. He immediately initiated sexual conversations with the minor, asking about her body development and her sexual experience. Braden sent her a video of himself masturbating. He made arrangements to meet her for the purpose of having sex with her on December 1, 2016. When Braden showed up at the pre-arranged location in Marietta, Georgia, he was met by two Marietta Police Department officers and was arrested. He was later released on bond. The 13-year-old girl was actually an undercover police officer.
In May 2017, almost six months later, Braden met a 14-year-old girl on the same cell phone app – Meet24. Like before, he asked the minor questions about her body development and her sexual experience. He even sent the girl a photo of his erect penis. Braden made arrangements to meet the minor at a gas station in Bremen, Georgia. While traveling to the gas station, he sent the girl a message confirming that she was 14 years old. When Braden showed up near the gas station, he was pulled over and arrested by Bremen Police Department officers. Like before, the 14-year-old girl was actually an undercover police officer.
Christopher Bradley Braden, 40, of Jasper, Alabama was charged in a federal indictment with two counts of enticing a minor to engage in illegal sexual activity. He pleaded guilty to one count, which carries a mandatory minimum sentence of 10 years in prison. Sentencing is scheduled for October 11, 2018, at 10:00 a.m. before U.S. District Judge Timothy C. Batten, Sr.
This case is being investigated by the Federal Bureau of Investigation, with assistance from the Marietta Police Department and the Bremen Police Department.
Assistant U.S. Attorney Paul R. Jones is prosecuting the case.
This case is being brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Tuesday 10 July 2018
Wapello Man Sentenced to 30 Years in Prison for Production of Child PornographyRead the Press Release
DAVENPORT, Iowa – On July 9, 2018, United States District Court Judge Rebecca Goodgame Ebinger, sentenced Jack Lee Coleman, age 65, of Wapello, Iowa, to 360 months in prison for production of child pornography announced United States Attorney Marc Krickbaum. Coleman was ordered to serve five years of supervised release following his imprisonment, pay $100 to the Crime Victims’ Fund, and comply with the sex offender registry requirements upon release.
On February 2, 2018, Coleman pleaded guilty to one count of production of child pornography. The investigation began in 2016 when a minor victim disclosed being sexually abused by Coleman. During the investigation, a computer belonging to Coleman was seized and examined. That computer contained nude images of five minor children produced by a hidden camera placed in the bathroom by Coleman. The computer also contained child pornography images of another minor child.
This matter was investigated by the Federal Bureau of Investigation and the National Center for Missing and Exploited Children. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
VA Medical Center Nurse Indicted, Arraigned for Allegedly Tampering with and Stealing Prescription OpioidsRead the Press Release
PROVIDENCE – A nurse employed at the Providence VA Medical Center was arraigned and pled not guilty today in U.S. District Court in Providence to a federal grand jury indictment charging him with stealing liquid opioids for his own personal use and replacing them with saline.
Jared Scott, 34, of West Warwick, was indicted on June 28, 2018, on one count each of tampering with consumer products and acquiring a controlled substance by deception and subterfuge.
Scott was released on unsecured bond following his arraignment before U.S. District Court Magistrate Judge Lincoln D. Almond.
According to information presented to the court, Scott, as a Providence VA Medical Center nurse, had access to vials of liquid opioids for patient use. Scott would access the vials, often for patients that were not his, remove vials of the drug for his own personal use, and leave behind vials filled with saline.
The indictment and arraignment of Jared Scott are announced by United States Attorney Stephen G. Dambruch; Sean J. Smith, Special Agent in Charge of the Department of Veterans Affairs Office of Inspector General; and Jeffrey J. Ebersole, Resident Agent in Charge of the United States Food and Drug Administration Office of Criminal Investigations.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Tampering with a consumer product is punishable by statutory penalties of up to 10 years in federal prison, 3 years supervised release and a fine of $250,000. Obtaining a controlled substance by misrepresentation, fraud, deception and subterfuge is punishable by statutory penalties of up to 4 years in federal prison, 1 year supervised release and a fine of $250,000.
The case is being prosecuted by Assistant U.S. Attorney Terrence P. Donnelly.
The matter was investigated by the Department of Veterans Affairs Office of Inspector General and the United States Food and Drug Administration Office of Criminal Investigations.
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