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20 August 2018
Ohio Man Pleads Guilty, Sentenced for Ruckus at Peace Bridge Port of EntryRead 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 Michael White II, 19, of Canton, OH, pleaded guilty to failure to obey a lawful order by a U.S. Customs and Border Protection officer before U.S. Magistrate Judge Michael J. Roemer and was sentenced by Judge Roemer to a $5,000 fine.
Assistant U.S. Attorney Wei Xiang, who handled the case, stated that on the morning of March 15, 2018, a charter bus arrived at the Peace Bridge Port of Entry. White was one of the occupants on the bus attempting to make entry into the United States from Canada. During a routine inspection, CBP officers asked the occupants to exit the bus and make their way into the Customs office for inspection or admission into the United States. After White exited the bus, he walked directly into a CBP officer who had given a lawful command to White to stop. White ignored the command and attempted to walk past the officer. The officer then raised his arm to stop White from walking past him. After some physical contact between White and the officer, White swung at the officer but missed.
The sentencing is the result of an investigation by Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Nurse pleads guilty to health care fraud related to deceased Fulton manRead the Press Release
JEFFERSON CITY, Mo. – A nurse who falsely claimed to provide health care services to Carl DeBrodie, a Medicaid beneficiary in Fulton, Mo., who was found deceased and his body encased in concrete, pleaded guilty in federal court today to health care fraud.
Melissa Denise DeLap, 49, of Columbia, Mo., waived her right to a grand jury and pleaded guilty before U.S. Magistrate Judge Willie J. Epps to a federal information that charges her with one count of health care fraud.
DeLap, a Community Registered Nurse, was contracted to provide services to four beneficiaries participating in an individualized supported living program at a residence operated by Second Chance Homes in Fulton, Mo. Her duties included performing face-to-face evaluations of the four beneficiaries, reviewing their physicians’ orders, monitoring their medications and reviewing their records (including weight, vitals, blood sugar, etc.).
Second Chance Homes submitted monthly claims to Medicaid for DeLap’s services. Medicaid paid Second Chance Homes $38 for each of DeLap’s visits, and this amount was then paid to DeLap. During the time under investigation, DeLap was paid approximately $2,500 for her services to the four Medicaid beneficiaries.
Among the four beneficiaries was Carl DeBrodie, who died approximately in early September 2016 while under the care of Second Chance Homes. DeBrodie’s disappearance was reported on April 17, 2017. His body was found on April 24, 2017, leading to the federal investigation.
From at least September 2016 (the time of DeBrodie’s death) through March 2017 (shortly before DeBrodie’s body was discovered), DeLap completed and signed DeBrodie’s Community RN Monthly Health Summary for every month in that period, falsely stating that she had performed a face-to-face assessment of DeBrodie and provided the other services she was required to do as a CRN. During this same period, DeLap also did not provide the services she was paid for to the other three residents at Second Chance Homes, as she was paid to do.
Under the terms of today’s plea agreement, DeLap must pay $106,795 in restitution to Medicaid. She also must surrender her nursing license within six months. She will not seek licensing again to practice as a nurse in any state of the United States or any of its territories.
Under federal statutes, DeLap is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing 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. Attorneys Cindi Woolery and Gregg Coonrod and Special Assistant U.S. Attorney Shannon Kempf. It was investigated by the U.S. Department of Health and Human Services, Office of Inspector General, the Missouri Medicaid Fraud Control Unit, the FBI and the Fulton, Mo., Police Department.
North Fort Myers Man Charged with FEMA FraudRead the Press Release
Fort Myers, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Tommy N. Tracy (71, North Fort Myers) with fraud in connection with a major disaster. If convicted, Tracy faces a maximum penalty of 30 years in federal prison.
According to the indictment, on September 13, 2017, Tracy applied for Federal Emergency Management Agency (FEMA) assistance for a residence located at 18301 Slater Road in North Fort Myers. He claimed that this was his primary residence, that he was living there at the time of the disaster, and that he did not own a rental property affected by the disaster. In fact, the property on Slater Road was not his primary residence, he was not residing there at the time of the disaster, and it was a rental property owned by Tracy.
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 U.S. Department of Homeland Security – Office of Inspector General. It will be prosecuted by Chief Assistant United States Attorney Jesus M. Casas.
North Dartmouth Woman and Weymouth Man Charged with Drug TraffickingRead the Press Release
BOSTON – A North Dartmouth woman and a Weymouth man were arrested Saturday and charged in connection with drug trafficking activities involving the shipments of multiple kilograms of cocaine sent through the mail.
Cristina Lopez, 43, of North Dartmouth, and John Tavares, 31, of Weymouth, were charged with conspiring to distribute and possess with the intent to distribute 500 grams or more of cocaine. Lopez and Tavares will appear in federal court today at 2:30 p.m.
According to court documents, more than 40 parcels that had been sent via the United States mail from Puerto Rico to various addresses in Massachusetts, including residences in Quincy, North Dartmouth, Weymouth, and New Bedford, were identified as suspicious. The parcels were often sent on the same day from Puerto Rico to two or more different addresses in Massachusetts. It is alleged that when federal agents executed search warrants on two of the parcels, they seized approximately two kilograms of cocaine hidden in sealed coffee cans. Through surveillance, agents allegedly determined that Lopez and Tavares were receiving the majority of the parcels. Agents also determined that Lopez and Tavares had been regularly flying from Massachusetts to Puerto Rico for trips lasting only 30 to 72 hours, and that the parcels suspected of containing cocaine were then typically sent to Massachusetts within one to three days after their return.
Court documents also reflect that Tavares has previously been convicted of various firearms and drug-related offenses.
The charge of conspiring to possess with the intent to distribute and to distribute 500 grams or more of cocaine provides for a sentence of at least five years and no greater than 40 years in prison, four years of supervised release, and a fine of up to $5 million. 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; Raymond D. Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service in Boston; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Norfolk County District Attorney Michael W. Morrissey; Bristol County District Attorney Thomas M. Quinn III; Bristol County Sheriff Thomas M. Hodgson made the announcement today. The Quincy, Weymouth, Braintree, North Dartmouth and Boston Police Departments assisted with the investigation. Assistant U.S. Attorneys James E. Arnold and Nadine Pellegrini of Lelling’s Narcotics and Money Laundering Unit are prosecuting the case.
The details contained in the court documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Nine Agencies Announce Results of Operation ShockwaveRead the Press Release
MACON: Charles E. Peeler, United States Attorney for the Middle District of Georgia, Macon Judicial Circuit District Attorney David Cooke, United States Marshal John Cary Bittick, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Art Peralta, Bibb County Sheriff David Davis, Southeast Regional Fugitive Task Force Commander John Edgar, Georgia Department of Community Supervision Chief Joe Chapman, Federal Bureau of Investigation Special Supervisory Agent in Charge Andy Smith, and U.S. Drug Enforcement Administration Resident Agent in Charge Harold Hurley held a press conference in Macon today to announce the results of Operation Shockwave.
On August 16 and 17, 2018, the Bibb County Sherriff Office and the U.S. Marshal Service spearheaded a Drug/Gang Enforcement Violent Crime Reduction operation entitled Operation Shockwave. The primary mission of Operation Shockwave was to focus on Drug/Gang areas that produce high levels of violent crime in Macon and Bibb County. Approximately 85 law enforcement officers participated in both days on the operation. At the conclusion of Operation Shockwave, 46 individuals were taken into custody. Six (6) of the subjects had additional drugs and firearm charges filed against them in addition to their outstanding warrants. Eight firearms and a large quantity of narcotics were taken off the street of Macon as a result of the operation.
Those arrested were:
- SHAWN DUVALL ALI
POSSESSION OF A SCHEDULE II CONTROLLED SUBSTANCE
POSSESSION OF A SCHEDULE I OR II CONTROLLED SUBSTANCE WITH INTENT TO DISTRIBUTE
POSSESSION OF A SCHEDULE I OR II CONTROLLED SUBSTANCE WITH INTENT TO DISTRIBUTE
POSSESSION OF A SCHEDULE III, IV OR V CONTROLLED SUBSTANCE WITH INTENT TO DISTRIBUTE
PURCHASE, POSSESSION, MANUFACTURE, DISTRIBUTION, OR SALE OF MARIJUANA
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE – FELONY - DEKEMBE DEILOUSE ANDERSON
TERRORISTIC THREATS AND ACTS
HARASSING PHONE CALLS - FABIAN MARCELL BALDWIN
CRIMINAL TRESPASS (3 Cts)
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE – FELONY
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE - MISDEMEANOR - CEDRIC RAMONE BELL
CONTEMPT OF COURT-CITY - TADARRIUAS DESHON ANTWON BERRIAN
DISORDERLY CONDUCT
TERRORISTIC THREATS AND ACTS
POSSESSION OF FIREARM OR KNIFE DURING COMMISSION OF OR ATTEMPT TO COMMIT CERTAIN FELONIES
CRIMINAL TRESPASS
PROB VIOL SUPERIOR SPECIAL - AUSTIN ANTHONY BERTRAND
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE - FELONY - JERRY JEROME BRASWELL
FAILURE TO APPEAR FOR FINGERPRINTABLE CHARGE- FELONY - NAPOLEON BROWN
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE – FELONY (2 Cts)
BENCH WAR-CHILD SUPP ENFOR - STEVIE BRYANT, JR.
AGGRAVATED ASSAULT
THEFT BY TAKING-MISDEMEANOR
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE - FELONY - KE’ONNA GAIL BURNEY
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE –MISDEMEANOR - BRANDON LATRONE CALHOUN
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE – FELONY - RODOL FO CHAVEZ
PAROLE VIOLATION - ROOSEVELT COLE II
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE – FELONY - TAMARCUS JAQUEZ COLE
POSSESSION OF A SCHEDULE II CONTROLLED SUBSTANCE
POSSESSION OF A SCHEDULE I OR II CONTROLLED SUBSTANCE WITH INTENT TO DISTRIBUTE
POSSESSION OF A SCHEDULE I OR II CONTROLLED SUBSTANCE WITH INTENT TO DISTRIBUTE
POSSESSION OF A SCHEDULE III, IV OR V CONTROLLED SUBSTANCE WITH INTENT TO DISTRIBUTE
PURCHASE, POSSESSION, MANUFACTURE, DISTRIBUTION, OR SALE OF MARIJUANA
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE – FELONY - MICHAEL NYREE DIXON
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE – FELON - DERRICK PEREZ DOUGLAS
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE – FELONY - CHRISTOPHER HENRY EARLEY, SR.
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE – FELONY - JAVARIOUS QUAUTRIOUS EXUM
BENCH WARRANT STATE COURT - DAKWAUN TYRE FAULKS
AGGRAVATED ASSAULT (3cts)
POSSESSION OF FIREARM OR KNIFE DURING COMMISSION OF OR ATTEMPT TO COMMIT CERTAIN FELONIES - JAMAL RAKIM FRAZIER
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE – FELONY - DARIUS DEONTA GRAYER
AGGRAVATED ASSAULT (2cts)
DISORDERLY CONDUCT
POINTING OR AIMING GUN OR PISTOL AT ANOTHER - WYVAN MARK GRIFFIN, JR.
FAILURE TO APPEAR FOR FINGERPRINTABLE CHARGE FELONY - BOBBY LEE HAYNES
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE - FELONY
HOLD (MONROE COUNTY) - SHERRY LYNN HIBBITTS
HOLD (HOUSTON COUNTY) - DARREL ANTONIO HODGES
BATTERY - FAMILY VIOLENCE (1ST OFFENSE) MISD
THEFT BY RECEIVING STOLEN PROPERTY-FELONY
POSSESSION OF FIREARM BY CONVICTED FELON - CARL EDWARD HOLT
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE - FELONY
HOLD (MONROE COUNTY) - CHRISTOPHER DEWAYNE HOPKINS
CRIMINAL TRESPASS
BATTERY
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE -MISDEMEANOR - JOHN EDWARD JACKSON
FAILURE TO APPEAR FOR FINGERPRINTABLE CHARGE- FELONY - SYDNEY ALFONZA JACKSON
FAILURE TO APPEAR FOR FINGERPRINTABLE CHARGE- FELONY
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE -MISDEMEANOR - MIGUEL ANTONIO JONES
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE - FELONY - ALEXANDER LESTER
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE - FELONY - SAMMY MILLER
BATTERY
PAROLE VIOLATION - JAMES RUDOLPH MULLIS, JR.
BURGLARY - JOSEPH ANTONIO RAINEY
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE - FELONY - STEVIE DEWAYNE RAINEY
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE -MISDEMEANOR - QUINDERRIUS DEJUAN RANDALL
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE - FELONY - ALEXANDER BROCK RAY
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE – FELONY
HOLD (HOUSTON COUNTY)
POSSESSION OF A FIREARM DURING THE COMMISSION OF A FELONY
TRAFFICKING OF SCH. I (ECSTASY)
POSSESSION OF A FIREARM BY A CONVICTED FELON (3 CTS) - AARON EDMUND RENFROE, JR.
POSSESSION OF A FIREARM BY A CONVICTED FELON
POSSESS/MANUFACTURE/DISTRIBUTE ETC. A CONTROLLED SUBSTANCE OR MARIJUANA WITHIN 1,000 FEET OF SCHOOLS
MARIJUANA-POSSESS LESS THAN 1 OZ.
CARRYING A CONCEALED WEAPON - 1ST OFFENSE
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE - FELONY - ELEXUS ADRIANA RILEY
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE – MISDEMEANOR
POSSESSION OF A FIREARM DURING THE COMMISSION OF A FELONY
TRAFFICKING OF SCH. II (AMPHETAMINE)
TRAFFICKING OF SCH. I (ECSTASY)
POSSESSION OF A FIREARM BY A CONVICTED FELON (3 CTS - JERMAINE DESHAUN SLAUGHTER II
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE – FELONY
HOLD FOR HOUSTON COUNTY - JIMMY LEE TUFF, JR.
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE – FELONY (3CTS) - LANG WILLIAMS, JR.
TRAFFIC/OFFENSE (UNREGISTERED VEH)
TRAFFIC/OFFENSE (ILLEGAL BACKING)
OBSTRUCTION-MISDEMEANOR
MARIJUANA POSSESSION LESS THAN OZ
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE - MISDEMEANOR - RAMON LUIS WILLIAMS, SR.
AGGRAVATED ASSAULT
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE - FELONY - JAMONTE WILMORE, SR.
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE -MISDEMEANOR - GREGORY ARNETTE WOODARD, JR.
POSSESSION OF A SCHEDULE I OR II CONTROLLED SUBSTANCE WITH INTENT TO DISTRIBUTE (3 CTS)
POSSESSION OF A SCHEDULE II CONTROLLED SUBSTANCE
POSSESSION OF A SCHEDULE III, IV OR V CONTROLLED SUBSTANCE WITH INTENT TO DISTRIBUTE
BENCH WAR-CHILD SUPP ENFOR (3 CTS) - TRAVON JAMEL YOUNG
PROBATION VIOLATION (WHEN PROBATION TERMS ARE ALTERED) FOR FINGERPRINTABLE CHARGE – FELONY
This operation was carried out under 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.
Questions concerning this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
- SHAWN DUVALL ALI
New York Man Sentenced to 2 Years in Federal Prison for Trafficking MarijuanaRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that GUSTAVO GARCIA, 30, of Queens, New York, was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to 24 months of imprisonment, followed by three years of supervised release, for trafficking marijuana. Judge Arterton also ordered GARCIA to pay a $1,000 fine.
According to court documents and statements made in court, in June and July 2017, GARCIA delivered between approximately 120 to 130 pounds of marijuana to William Reyes in Stamford, including approximately 40 pounds of marijuana that GARCIA sold to Reyes for approximately $80,000 and delivered in July.
GARCIA was arrested on October 3, 2017. On that date, a search of GARCIA’s residence revealed approximately two pounds of marijuana, narcotics paraphernalia, $93,560 in cash, and approximately $100,000 in jewelry that was purchased with marijuana trafficking proceeds.
GARCIA has forfeited the seized cash and jewelry.
Reyes was arrested on July 26, 2017. On that date, investigators conducted court-authorized searches of Reyes’ Stamford residence and a residence in Lagrangeville, N.Y., that Reyes and another individual used to grow, process and distribute marijuana. A search of the Stamford residence revealed approximately 18 kilograms of marijuana, paraphernalia associated with narcotics distribution, and $71,004 in cash, and a search of the Lagrangeville residence revealed 140 marijuana plants and related equipment.
On January 9, 2018, GARCIA pleaded guilty to one count of conspiracy to possess with intent to distribute marijuana.
Reyes pleaded guilty to the same charge and, on March 29, was sentenced to 41 months of imprisonment.
This matter is being investigated by the Drug Enforcement Administration, Stamford Police Department and New York State Police. The case is being prosecuted by Assistant U.S. Attorneys Anthony E. Kaplan and Sarala V. Nagala.
Navajo Man from Shiprock Sentenced to 161 Months in Prison for Second-Degree Murder ConvictionRead the Press Release
ALBUQUERQUE – Jerry Johnson, Jr., 57, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Albuquerque, N.M., to 161 months in prison for his second-degree murder conviction. Johnson will be on supervised release for five years after completing his prison sentence.
The FBI arrested Johnson in July 2017 and charged him by criminal complaint with murdering a Navajo woman on the Navajo Indian Reservation in San Juan County, N.M. According to the complaint, on June 26, 2017, Johnson struck the victim in the head with his fist, and then retrieved a knife and stabbed her in the back. Johnson was indicted on a second-degree murder charge on Dec. 20, 2017.
On April 27, 2018, Johnson pled guilty to the indictment. In entering the guilty plea, Johnson admitted that on June 26, 2017, he killed the victim by hitting her, and stabbing her once in the back with a kitchen knife.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Department of Public Safety. Assistant U.S. Attorney Jennifer M. Rozzoni prosecuted the case.
This case was brought as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Mission Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Assaulting a Federal Officer was sentenced on August 20, 2018, by U.S. District Judge Roberto A. Lange.
Peter White Feather, age 39, was sentenced to 7 months in federal prison, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
White Feather was indicted by a federal grand jury on September 12, 2017. He pled guilty on August 20, 2018.
The conviction stemmed from an incident that occurred on February 26, 2017. On that date, a Rosebud Sioux Tribe Law Enforcement Services officer arrested White Feather for disorderly conduct at the Rosebud Indian Health Services Hospital in Rosebud, South Dakota. During the booking process at the Rosebud Sioux Tribe Adult Corrections Facility, White Feather began to spit on the floor. Following a request to cease spitting by a corrections officer, White Feather spit in the corrections officer’s face.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
White Feather was immediately turned over to the custody of the U.S. Marshals Service.
Minnesota Real Estate Company, Realtor, and Accountant Indicted for Mail and Wire Fraud Scheme Affecting U.S. Financial InstitutionsRead the Press Release
A federal grand jury returned an indictment against a real estate company, a realtor, and his accountant for participating in a long-running conspiracy to defraud companies, including financial institutions, in connection with foreclosed properties in the Minneapolis area and elsewhere, the Department of Justice announced.
The indictment, filed on August 15, was unsealed today in the U.S. District Court for the District of Minnesota in Minneapolis. Detloff Marketing and Asset Management Inc., Jeffery J. Detloff, and Lori K. Detloff are charged with conspiring to commit mail fraud and wire fraud affecting financial institutions, from in or about September 2007 and continuing through in or about June 2015. Jeffery Detloff, a realtor who sold and managed foreclosed Minneapolis properties on behalf of victim companies worked alongside his wife, Lori Detloff, an accountant for Jeffery Detloff and associated companies, in committing the fraud. The Detloffs conducted their real estate business through Detloff Marketing. In addition to the conspiracy charge, the indictment includes four counts of wire fraud and four counts of mail fraud.
According to the indictment, the Detloffs devised a scheme requiring repair contractors to pay the Detloffs kickbacks. In return, Jeffery Detloff used his position as a realtor for the victim companies to steer housing repair contracts to contractors who paid the kickbacks. The contractors paid kickbacks to the Detloffs through Detloff Marketing. The indictment further alleges that Jeffery Detloff procured and submitted sham bids as part of the scheme to defraud the victim companies. One housing repair contractor has already pleaded guilty in connection with this investigation.
“This indictment affirms the Antitrust Division’s commitment to protecting the American housing market from fraud,” said Assistant Attorney Makan Delrahim of the Department of Justice’s Antitrust Division. “We will continue to work with our law enforcement partners to protect the integrity of the competitive process.”
“As alleged, the defendants created a scheme to siphon as much money as they could from these properties, no matter the method, no matter the victim," said FBI Special Agent in Charge Jill Sanborn of the Minneapolis Division. “These scams victimize all of us, and the FBI and our law enforcement partners will continue to unravel these schemes and hold accountable anyone found responsible for defrauding the system.”
This is the second case involving fraud and kickbacks relating to repair contracts for properties in the Minneapolis area owned by financial institutions. The maximum penalty for wire fraud affecting a financial institution, mail fraud affecting a financial institution, and conspiracy to commit mail and wire fraud affecting a financial institution is 30 years of imprisonment and a fine of $1,000,000. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The charges announced today are the result of a federal investigation of housing repair contracts in the Minneapolis area. The investigation is being conducted by the Antitrust Division’s Chicago Office and the FBI’s Minneapolis Division.Mexican National Sentenced to 30 Months in Prison for Illegal Reentry and Firearms OffenseRead the Press Release
HONOLULU –Navor Salas-Cruz, 45, a Mexican national residing on Kauai, was sentenced by U.S. District Judge J. Michael Seabright today to 30 months of imprisonment for illegally reentering the United States after being deported, and for being a felon in possession of firearms and ammunition. As a result of his conviction, Salas-Cruz will be deported after he serves his prison term.
According to court documents and information presented in court, Salas-Cruz was deported on July 10, 2008, after being convicted of illegally reentering the United States after a prior deportation. Nonetheless, on December 15, 2017, Homeland Security Investigation (HSI) special agents again found Salas-Cruz in the United States, residing on Kauai. In addition, at that time of his arrest in 2017, Salas-Cruz illegally possessed three firearms, including a 12 gauge shotgun and two pistols, and numerous rounds of ammunition.
“This office is committed to protecting the community by promoting the integrity of the immigration system,” said U.S. Attorney Kenji M. Price. “The efforts of local and federal law enforcement officers in locating this defendant and disarming him is a testament to their tireless efforts to keep our community safe.”
“This sentence demonstrates that there are serious consequences for those who lack respect for our nation’s laws or our borders,” said Frank Cabaddu, Acting Special Agent in Charge for Homeland Security Investigations (HSI) Honolulu. “HSI will continue to work with DOJ and our law enforcement partners to take dangerous recidivists or other felony offenders off our streets and help to disrupt other types of criminal activity.”
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 U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), with assistance from the Kauai Police Department, and prosecuted by Assistant U.S. Attorney Darren Ching.
Mason County Felon Sentenced to Prison for Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – A Mason County felon who possessed a firearm in March 2017 was sentenced today to 43 months in federal prison, announced United States Attorney Mike Stuart. Stuart commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Mason County Sheriff’s Department for their investigative efforts.
“Multiple felony convictions and in possession of a gun while serving home confinement,” said United States Attorney Mike Stuart. “The work of ATF and our state and local law enforcement partners is critical in getting dangerous felons like Potter off the streets.”
James S. Potter, II, 38, previously admitted that on March 29, 2017, he possessed a firearm while being on home confinement in Mason County. Potter was prohibited from possessing any firearm under federal law because of multiple felony convictions.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Stephanie S. Taylor prosecuted the case.
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.
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Maryland man sentenced to more than 17 years for selling heroin in Berkeley County, West VirginiaRead the Press Release
MARTINSBURG, WEST VIRGINIA –Christopher Wigfall, also known as “Frank,” of Randallstown, Maryland, was sentenced today to 210 months incarceration for selling heroin in the Eastern Panhandle, United States Attorney Bill Powell announced.
“This sentence should send a clear message. We will not tolerate poison being sold to our neighbors. Heroin distribution will be prosecuted to the fullest extent possible. The sentence imposed by the court sends a very strong message. Our work will continue,” said Powell.
Wigfall, age 38, was found guilty of two counts of “Distribution of Heroin,” and one count of “Possession with the Intent to Distribute Heroin” by a jury after a trial in February 2018. Wigfall sold heroin in December 2014 in Berkeley County.
Assistant U.S. Attorney Anna Z. Krasinski and Special Assistant U. S. Attorney Elizabeth D. Grant, also with the West Virginia Attorney General’s Office, prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M. Groh presided.
Maryland man sentenced to more than 12 years for drug distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Xavier Clyde Mann, of Finksburg, Maryland, was sentenced today to 151 months incarceration for selling cocaine, United States Attorney Bill Powell announced.
Mann, age 30, pled guilty to one count of “Distribution of Cocaine Base” in April 2018. Mann admitted to selling cocaine base in Mineral County in June 2017.
Assistant U.S. Attorney Lara K. Omps-Botteicher prosecuted the case on behalf of the government. The case was investigated by the Potomac Highlands Drug and Violent Crimes Task Force.
Chief U.S. District Judge Gina M. Groh presided.Maryland man sentenced for cocaine chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Robert Lee Wyatt, of Elkridge, Maryland, was sentenced today to 72 months incarceration for cocaine distribution, United States Attorney Bill Powell announced.
Wyatt, age 40, pled guilty to one count of “Aiding and Abetting the Distribution of Cocaine Base” in April 2018. Wyatt admitted to distributing cocaine base in Mineral County in June 2017.
Assistant U.S. Attorney Lara K. Omps-Botteicher prosecuted the case on behalf of the government. The case was investigated by the Potomac Highlands Drug and Violent Crimes Task Force.
Chief U.S. District Judge Gina M. Groh presided.Marion County Woman Pleads Guilty to SNAP Fraud and Theft of Government FundsRead the Press Release
Ocala, Florida – United States Attorney Maria Chapa Lopez announces that Lateasha Monique Perry (34, Ocala) today pleaded guilty to three counts of Supplemental Nutrition Assistance Program (SNAP) fraud and two counts of theft of government funds. Perry faces a maximum penalty of 5 years in federal prison on each of the fraud charges and up to 10 years’ imprisonment for each of the theft counts. She has agreed to make full restitution to the U.S. Department of Agriculture, the federal agency overseeing the benefit program. SNAP, formerly known as the Food Stamp Program, is a national program established to alleviate hunger and malnutrition among lower income families.
According to the plea agreement and evidence presented in court, between June 2013 and February 2016, Perry received SNAP benefits via a debit card. Though these benefits only can be redeemed for certain basic food items, Perry repeatedly cashed out hundreds of dollars of her benefits at a local meat and poultry market in Marion County. This practice is strictly prohibited under both the program’s rules and federal law.
Federal agents analyzed SNAP redemption data and identified Perry as the person with the highest number of fraudulent transactions from the store. Subsequently obtained video surveillance images from the business showed Perry accessing her SNAP account at the counter, receiving large amounts of cash from store personnel, and then leaving with little or no merchandise. The estimated loss to the federal government exceeds $30,000 over 97 transactions.
This case was investigated by the U.S. Department of Agriculture - Office of the Inspector General and the Marion County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Manhattan U.S. Attorney Announces Settlement with New York City, NYC Department of Correction, and Nyc Health and Hospitals Corporation to Remedy Ada Violations and Ensure Equal Access to Services, Programs, and Activities at City JailsRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that the United States has reached a settlement with the City of New York (“the City”), the New York City Department of Correction (“DOC”), and the New York City Health and Hospitals Corporation (“HHC”) to resolve its investigation into violations of Title II of the Americans with Disabilities Act. Under the agreement, the City, DOC, and HHC must provide inmates with disabilities equal access to services, programs, and activities by, among other things, timely providing inmates with needed accommodations, including auxiliary aids and services, assistive devices, and medical equipment. In addition, DOC has agreed to make hundreds of architectural modifications to the Rikers Island units that house inmates with significant mobility and visual impairments and to DOC’s visitation areas to bring these facilities into compliance with applicable accessibility standards.
Manhattan U.S. Attorney Geoffrey S. Berman said: “For too long, the City has been violating the ADA by depriving inmates with disabilities of their right to have equal access to services, programs, and activities available in the jail setting, and by failing to make its visitation areas fully accessible to individuals with disabilities. Through this agreement, the City has committed to providing needed accommodations to inmates with disabilities, as well as making visitation areas more accessible to members of the public with disabilities.”
As part of its investigation, the Office conducted on-site inspections of (a) the North Infirmary Command Annex, including the unit where DOC houses male inmates with significant mobility and visual impairments; (b) the area of Rose M. Singer Center where DOC houses female inmates with significant mobility and visual impairments and the common areas used by these inmates; and (c) the Central Visits Control Building and the visitation areas of each of the jails operated by DOC. The Office also reviewed DOC’s ADA policies and training, records relating to requests for accommodations submitted by or on behalf of inmates, and information concerning the availability of programs and services at City jails.
The Office identified widespread violations of applicable architectural accessibility standards for each of the facilities inspected. In addition, the Office found that DOC failed to consistently: (a) timely and adequately respond to accommodation requests from inmates with disabilities; (b) place inmates with mobility and visual impairments in accessible housing areas; (c) provide inmates with mobility impairments with access to appropriate mobility devices; and (d) ensure that hearing impaired inmates have equal access to telecommunications services.
The out-of-court settlement agreement requires the City, DOC, and HHC to:
- Complete hundreds of architectural modifications to the facilities that were inspected. The City will retain an independent architect to determine whether the required modifications have been performed and comply with applicable standards.
- Provide appropriate auxiliary aids and services to inmates who are deaf, have hearing loss, have speech disabilities, are blind, or have low vision.
- Provide safe and appropriate assistive devices and medical equipment to meet the needs of inmates with disabilities.
- Promptly address complaints concerning the functioning or condition of any auxiliary aid, assistive device, or medical equipment.
- Provide inmates who are deaf, have hearing loss, or have speech disabilities with access to a TTY device, a hearing aid compatible telephone, the New York Relay Service, and, within three years, a Video Relay Service or an alternative way to communicate via a video link.
- Evaluate new inmates to determine whether they have any physical, mental, intellectual, or developmental disabilities and are in need of an accommodation.
- Place inmates with vision or mobility disabilities in accessible housing units where they will have access to all areas of the facility that inmates are permitted to use, including but not limited to common housing areas, recreational areas, worship areas, libraries, dining areas, visitation areas, medical treatment areas, mental health treatment areas, and areas where educational or vocational programs are offered.
- Promptly respond to requests by or on behalf of inmates to be transferred to more accessible housing.
- Adopt and implement a new policy governing how requests for accommodations and ADA complaints are submitted, processed, reviewed, resolved, and tracked.
- Maintain a computerized system to accurately track information concerning requests for accommodations and ADA complaints.
- Develop and provide new ADA training to DOC and HHC staff.
- Submit bi-annual compliance reports to the U.S. Attorney’s Office.
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This case is being handled by the Office’s Civil Rights Unit. Assistant U.S. Attorneys Jeffrey K. Powell and Lara Eshkenazi are in charge of the case.
Manager of Appleton Business Pleads Guilty to Failure to Provide IRS with Payroll TaxesRead the Press Release
Matthew D. Krueger, the United States Attorney for the Eastern District of Wisconsin announced that Kurt Van Voorhis (Age 52) of Hilbert, Wisconsin, appeared in federal court in Green Bay and pleaded guilty to violating federal tax law. Specifically, Van Voorhis, who is the manager and operator of Ultimate Cleaning Limited, a commercial cleaning business located in Appleton, Wisconsin, admitted that, during the period from January 2012 through June 2016, he failed to pay over to the Internal Revenue Service federal more than $200,000 in payroll taxes that had been withheld from the wages of employees of Ultimate Cleaning. Van Voorhis also failed to file quarterly payroll tax returns during this period.
Van Voorhis faces up to 5 years in prison and a fine of up to $250,000, as well as having to pay the unpaid taxes. Van Voorhis is scheduled to be sentenced on November 2, 2018.
This matter was investigated by the Internal Revenue Service Criminal Investigation. This case is being prosecuted by Assistant United States Attorney Matthew L. Jacobs.
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MS-13 Member Sentenced to 35 Years in Prison for Racketeering Conspiracy Involving MurderRead the Press Release
BOSTON – An MS-13 member was sentenced today in federal court in Boston for racketeering conspiracy involving the murder of a 16-year-old boy in East Boston.
Edwin Diaz, a/k/a “Demente,” 20, a Salvadoran national, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 35 years in prison and five years of supervised release. Diaz will be subject to deportation upon completion of his sentence. In May 2018, Diaz pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO or racketeering conspiracy.
After a multi-year investigation, Diaz was one of dozens of leaders, members, and associates of MS-13 named in a superseding indictment unsealed in January 2016 that targeted MS-13’s criminal activities in Massachusetts. According to court documents, MS-13 members in Massachusetts engaged in a variety of racketeering acts and crimes of violence, including six different murders between October 2014 and January 2016.
Diaz was a member of MS-13’s “Westers” clique. On Jan. 10, 2016, Diaz and three other MS-13 members—Edwin Gonzalez, a/k/a “Sangriento,” Jairo Perez, a/k/a “Seco,” and Rigoberto Mejia, a/k/a “Ninja”— murdered a 16-year-old boy in East Boston who they believed was associated with a rival gang. Gonzalez and others used social media to lure the victim to his death by pretending to be a girl who was interested in meeting the victim for a date. Instead, when the victim arrived, Diaz, Perez, and Gonzalez used large knives to stab and hack the victim approximately four dozen times. As they were doing that, Mejia fired multiple gunshots into the victim. The four assailants then left the young boy bleeding to death on the sidewalk.
As part of the investigation, law enforcement captured Diaz on tape admitting his participation in the murder. Among other things, Diaz bragged about stabbing the victim multiple times and stated that the group was “dicing him [the victim] up, like onions.” Diaz also stated that he would have cut off the victim’s head and left it lying on the street if he had the opportunity.
Diaz is one of 49 defendants who have been convicted as part of this ongoing prosecution, and 16 of those defendants have been held responsible for murder. Of the 49 convictions, 40 come from members who have pleaded guilty, including Perez and Mejia, both of whom are awaiting sentencing. Nine others were convicted after trial – including Gonzalez, who was convicted of racketeering conspiracy involving the January 2016 murder, as well as the separate September 2015 murder of a 15-year-old boy.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Gross; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; Somerville Police Chief David Fallon; and Wes Adams, State’s Attorney, Anne Arundel County (Maryland), Anne Arundel County State’s Attorney’s Office, made the announcement today.
MS-13 Gang Member Pleads Guilty to the Murders of Four Young Men in a Central Islip Park in 2017Read the Press Release
Earlier today, at the federal courthouse in Central Islip, New York, Josue Portillo, a member of the Leeward Locos Salvatruchas clique of La Mara Salvatrucha, also known as the MS-13, pleaded guilty to racketeering charges without a plea agreement with the government, relating to his participation in the April 11, 2017 murders of Justin Llivicura, Michael Lopez, Jorge Tigre and Jefferson Villalobos. The guilty plea was entered before United States District Judge Joseph F. Bianco.
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), Geraldine Hart, Commissioner, Suffolk County Police Department (SCPD), and Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD), announced the guilty plea.
Portillo, who was 15 years and 11 months old at the time of the April 11 murders and is now 17 years old, was initially charged by a juvenile information that was filed under seal in the Eastern District of New York on July 10, 2017. Portillo, an illegal alien from El Salvador, was in immigration custody in Virginia when charged, and he was subsequently transferred to the custody of the FBI’s Long Island Gang Task Force and transported to this district. Thereafter, the government filed a motion to transfer Portillo to adult status for prosecution. Following an evidentiary hearing, on August 6, 2018, Judge Bianco issued a Memorandum and Order granting the government’s transfer motion and ordering that Portillo be prosecuted as an adult.
“Josue Portillo’s guilty plea today marks a milestone in the investigation of MS-13’s brutal murders of four young men lured to their violent deaths in a park on Long Island,” stated United States Attorney Donoghue. “We hope the victims’ families can find some measure of solace in knowing that the perpetrators of these murders are now being held responsible for their crimes. The Eastern District, together with our partners on the FBI’s Long Island Gang Task Force, will never tire nor relent in our efforts to dismantle MS-13 and bring to justice their members who have no respect for human life.” Mr. Donoghue expressed his appreciation to the U.S. Attorney’s Office for the Western District of Virginia for their assistance in the case.
“Whether young or old, the savagery of MS-13 gang members remains the same. Portillo and other members of MS-13 brutally beat and killed four young men, leaving them in an isolated wooden area,” stated FBI Assistant Director-in-Charge Sweeney. “The FBI’s Long Island Gang Task Force’s continuous effort to eliminate the threat of MS-13 is shown today, as Portillo has now pled guilty for the cruel crime he committed. We hope today's news provides some measure of comfort to the families of the victims and the community as a whole.”
“The Suffolk County Police Department thanks the Eastern District of New York for their steadfast commitment to prosecute violent MS-13 gang members,” stated SCPD Commissioner Hart. “Today’s news is an example of the ongoing effort by the Suffolk County Police Department and our law enforcement partners to protect the residents of Suffolk County from the scourge of gang violence. Ridding our community of gangs is a long term commitment and one that we are strongly committed to. Gang members should know that if they commit crimes in this county that they will be arrested and prosecuted to the fullest extent of the law.”
“This investigation is a clear example of the important partnership and dedicated investigators that exist within the Long Island Gang Task Force,” stated NCPD Commissioner Ryder. “These arrests are taking violent criminals off our streets, which equates to safer communities for our residents. We will never tolerate murder, gang violence and drug dealing, thus making these crimes a priority. I would like to congratulate all of the individuals who assisted with this lengthy and complex investigation.”
According to court filings and statements by the defendant at the guilty plea proceeding, on the evening of April 11, 2017, two female associates of the MS-13 lured five young men, including the four victims, to a community park in Central Islip at the direction of Portillo and other MS-13 members. The victims were believed to be members of a rival gang who had disrespected the MS-13. Portillo and several MS-13 members and associates met in a wooded area behind the park where they distributed weapons and discussed the plan to kill the victims. The female MS-13 associates then arrived at the park, led the victims to a wooded area and sent Portillo a text message describing their location. Portillo and the other MS-13 members and associates surrounded the victims and killed Llivicura, Lopez, Tigre and Villalobos using machetes, knives and wooden clubs. The fifth intended victim escaped. Portillo and his associates dragged the victims’ bodies to a more secluded spot and fled. The victims’ bodies were discovered the following evening.
When sentenced, Portillo, faces a maximum sentence of life in prison. Upon completion of his sentence, he faces deportation from the United States.
Today’s conviction is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13, a violent international criminal organization. The MS-13’s leadership is based in El Salvador and Honduras, but the gang has thousands of members across the United States, comprised primarily of immigrants from Central America. With numerous branches, or “cliques,” the MS-13 is the largest and most violent street gang on Long Island. Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in this district. A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders and assaults. Since 2010, this Office has obtained indictments charging MS-13 members with carrying out more than 45 murders in this district, and has convicted dozens of MS-13 leaders and members in connection with those murders. These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, comprising agents and officers of the FBI, SCPD, NCPD, Nassau County Sheriff’s Department, Suffolk County Probation, Suffolk County Sheriff’s Department, Rockville Centre Police Department, the New York State Police, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys John J. Durham, Paul G. Scotti, Michael T. Keilty and Raymond A. Tierney are in charge of the prosecution.
The Defendant:
JOSUE PORTILLO (“Sparky” and “Curioso”)
Age: 17
Central Islip, New YorkE.D.N.Y. Docket No. 17-CR-366 (S-1) (JFB)
Media AdvisoryRead the Press Release
The United States Attorney’s Office and the Project Safe Neighborhood Task Force will hold a press conference on Tuesday, August 28, 2018, at the Andrew W. Bogue Federal Building in Rapid City, South Dakota.
The reinvigoration of the DOJ initiative Project Safe Neighborhood (PSN), the function of the newly created Task Force, and recent prosecutions will be discussed.
The continued growth of methamphetamine and other drug trafficking has become a prevalent issue and both the threat and actual instances of gun violence are on the rise. It has become commonplace to find methamphetamine distributors and users in possession of firearms. The U.S. Attorney’s Office (USAO) has selected Rapid City as a location of immediate concern in its PSN efforts. Through an established PSN task force, the USAO collaborates with key law enforcement and community partners to share intelligence and prosecute those who are driving violent crime and distribution of illegal drugs.
WHO: Ron Parsons: U.S. Attorney, District of South Dakota
Marty Jackley: Attorney General, State of South Dakota
Mark Vargo: Pennington County States Attorney
Karl Jegeris: Rapid City Police Chief
Kevin Thom: Pennington County Sheriff
Kurt Wheeler: ATF Resident Agent in Charge
PSN Task Force: State and Federal law enforcement
WHAT: Press Conference
WHEN: Tuesday, August 28, 2018, at 10:30 a.m. MST.
WHERE: USAO Conference Room, located on the 2nd Floor of the Federal Building. Address is 515 Ninth Street, Rapid City.
SECURITY: All media must enter through the first floor lobby. Media will be required to go through security and present a government-issued photo ID. Audio and video recording devices are allowed only in the press conference location, and the use of these devices is prohibited anywhere else in the federal building.
Press inquiries regarding logistics may be directed to Ace Crawford at 605.341.1915 or 605.838.6092.
Los Angeles Man Pleads Guilty to Not Reporting over $1 Million Held in Israeli Offshore AccountsRead the Press Release
LOS ANGELES – A Los Angeles man pleaded guilty today in U.S. District Court to willfully failing to file a Report of Foreign Bank and Financial Accounts (FBAR), which would have disclosed his foreign bank accounts, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to court documents, Ben Zion Birman held offshore accounts in Israel at Bank Leumi Le-Israel B.M. from 2006 to 2011. Birman willfully failed to file with the Department of Treasury an FBAR for calendar year 2010, despite having over $1 million in Bank Leumi accounts. In an effort to further hide his money, Birman instructed Bank Leumi to hold bank mail from delivery to the United States, and obtained access to his offshore funds through the use of “back-to-back” loans, which were designed to enable borrowers to tap their concealed accounts. These lending arrangements permitted Birman to have funds issued by Leumi’s U.S. branch that were secretly secured by funds in his undeclared accounts in Israel.
In December 2014, Bank Leumi entered into a deferred prosecution agreement after the bank admitted to conspiring from at least 2000 until early 2011 to aid and assist U.S. taxpayers to prepare and present false tax returns by hiding income and assets in offshore bank accounts in Israel and other locations around the world. Under the terms of the deferred prosecution agreement, Bank Leumi paid the United States a total of $270 million and continues to cooperate with respect to civil and criminal tax investigations.
U.S. citizens, resident aliens, and permanent legal residents with a foreign financial interest in or signatory authority over a foreign financial account worth more than $10,000 are required to file an FBAR each year disclosing the account.
Birman faces a maximum sentence of five years in prison, as well as a period of supervised release, restitution and monetary penalties. Birman's sentencing is scheduled for December 10, 2018.
“The Department of Justice is committed to vigorously investigating and prosecuting offshore account holders who maintain undeclared accounts and willfully ignore their U.S. reporting and tax obligations,” said Principal Deputy Assistant Attorney General Zuckerman.
Principal Deputy Assistant Attorney General Zuckerman commended special agents from IRS-Criminal Investigation, who are investigating the case, and Tax Division Trial Attorneys Leslie Goemaat and Melissa Schraibman Grinberg, who are prosecuting the case. The Tax Division thanks Assistant U.S. Attorney Robert F. Conte for his assistance.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website
Los Angeles Man Pleads Guilty to Not Reporting over $1 Million Held in Israeli Offshore AccountsRead the Press Release
A Los Angeles man pleaded guilty today in U.S. District Court for the Central District of California to willfully failing to file a Report of Foreign Bank and Financial Accounts (FBAR), which would have disclosed his foreign bank accounts, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to court documents, Ben Zion Birman, of Los Angeles, California held offshore accounts in Israel at Bank Leumi Le-Israel B.M. from 2006 to 2011. Birman willfully failed to file with the Department of Treasury an FBAR for calendar year 2010, despite having over $1 million in Bank Leumi accounts. In an effort to further hide his money, Birman instructed Bank Leumi to hold bank mail from delivery to the United States, and obtained access to his offshore funds through the use of “back-to-back” loans, which were designed to enable borrowers to tap their concealed accounts. These lending arrangements permitted Birman to have funds issued by Leumi’s U.S. branch that were secretly secured by funds in his undeclared accounts in Israel.
In December 2014, Bank Leumi entered into a deferred prosecution agreementafter the bank admitted to conspiring from at least 2000 until early 2011 to aid and assist U.S. taxpayers to prepare and present false tax returns by hiding income and assets in offshore bank accounts in Israel and other locations around the world. Under the terms of the deferred prosecution agreement, Bank Leumi paid the United States a total of $270 million and continues to cooperate with respect to civil and criminal tax investigations.
U.S. citizens, resident aliens, and permanent legal residents with a foreign financial interest in or signatory authority over a foreign financial account worth more than $10,000 are required to file an FBAR each year disclosing the account.
Birman faces a maximum sentence of five years in prison, as well as a period of supervised release, restitution and monetary penalties. Birman's sentencing is scheduled for December 10, 2018.
“The Department of Justice is committed to vigorously investigating and prosecuting offshore account holders who maintain undeclared accounts and willfully ignore their U.S. reporting and tax obligations,” said Principal Deputy Assistant Attorney General Zuckerman.
Principal Deputy Assistant Attorney General Zuckerman commended special agents from IRS-Criminal Investigation, who are investigating the case, and Tax Division Trial Attorneys Leslie Goemaat and Melissa Schraibman Grinberg, who are prosecuting the case. The Tax Division thanks the U.S. Attorney’s Office of the Central District of California for its assistance.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Local Woman Sentenced for Transporting Illegal Sex Offender and Female ChildRead the Press Release
CORPUS CHRISTI, Texas – A 40-year-old Donna resident has been ordered to federal prison following her conviction of conspiring to transport two illegal aliens – a minor female and an adult registered sex offender, announced U.S. Attorney Ryan K. Patrick. Josie Arredondo pleaded guilty May 14, 2018.
Today, Senior U.S. District Judge John D. Rainey handed Arredondo a 21-month sentence to be immediately followed by two years of supervised release. At the hearing, the court heard how Arredondo had been previously convicted for the same type of offense in 2011. At that time, she had also been attempting to smuggle an undocumented female child.
In this case, authorities encountered Arredondo at the Falfurrias Border Patrol checkpoint attempting to smuggle an undocumented four-year-old child along with the undocumented registered sex offender as passengers in her vehicle. Also inside the vehicle were her minor daughter and grand-daughter.
Arredondo claimed she was travelling to Houston to attend a funeral and took the undocumented girl and man along with her. She expected $1,000 in return for transporting them.
She was permitted to remain on bond and voluntarily surrender at a later date.
Border Patrol conducted the investigation. Assistant U.S. Attorney Brittany L. Jensen is prosecuting the case.
Lawrence Woman Sentenced to 30 Months in Prison for Fentanyl TraffickingRead the Press Release
CONCORD – Helen Pamela Flores Feliz, 28, a citizen of the Dominican Republic most recently residing in Lawrence, Massachusetts, was sentenced to serve 30 months in federal prison for distribution of fentanyl, announced United States Attorney Scott W. Murray.
According to court documents and statements made in court, the defendant sold fentanyl to a cooperating individual in Nashua, New Hampshire, on various occasions from May of 2017 to February of 2018. When the defendant was arrested, she attempted to assume a false identity and possessed a fraudulent birth certificate, driver’s license, and United States passport.
Flores Feliz previously pleaded guilty on May 10, 2018. After serving her prison sentence, it is likely that she will be deported to the Dominican Republic.
“Opioids are killing hundreds of residents of New Hampshire each year,” said U.S. Attorney Murray. “We will continue to work with our law enforcement partners to target drug traffickers who seek to sell fentanyl and other opioids in the Granite State. I commend the law enforcement officers for protecting the community from the dangers posed by the fentanyl in this case.”
“DEA is committed to investigating Drug Trafficking Organizations and individuals like Ms. Flores Feliz who are responsible for distributing lethal drugs like fentanyl to the citizens of New Hampshire,” said DEA Special Agent in Charge Brian D. Boyle. “Let this sentence be a warning to those traffickers who are coming from out of state to distribute this poison in order to profit and destroy people’s lives. DEA’s top priority is combatting the opioid epidemic by working with our local, county, state and federal partners to bring to justice anyone who distributes deadly drugs.”
This matter was investigated by the Drug Enforcement Administration, the Nashua Police Department, and the United States Department of State’s Diplomatic Security Service. The case was prosecuted by Assistant U.S. Attorney Georgiana L. Konesky.
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Kyle Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Ron Parsons announced that a Kyle, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Charles Gay, age 21, was sentenced on August 14, 2018, to 1 year and 1 day in federal prison, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Gay was indicted for the charge by a federal grand jury in March 2017. The charge related to Gay throwing a television and hitting the victim in the head on October 10, 2015, in Kyle. Gay later went back and stabbed the same victim.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Gay was immediately turned over to the custody of the U.S. Marshals Service.
Judge Sentences Somerset Man to 10 Years in Prison for Possessing Child PornographyRead the Press Release
JOHNSTOWN, Pa. – A resident of Somerset, Pa. has been sentenced in federal court to 120 months in prison and supervised release for life on his conviction of possession of child pornography, United States Attorney Scott W. Brady announced today.
United States District Judge Kim R. Gibson imposed the sentence on Anthony W. Hornbaker, age 59.
According to information presented to the court, on July 28, 2017, Hornbaker knowingly possessed pictures and videos in individual computer graphic files which were produced using prepubescent minors engaging in sexually explicit conduct. The computer graphic files were shipped or transported in interstate or foreign commerce.
Assistant United States Attorney Stephanie L. Haines prosecuted this case on behalf of the government.
Mr. Brady commended the Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Somerset Borough Police Department for the investigation that led to the successful prosecution of Hornbaker.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who sexually exploit children and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Juan E. Seary-Colón Sentenced to Life in Prison for Hobbs Act Robbery, Murder, and Related Firearms OffensesRead the Press Release
SAN JUAN, PR – Today, U.S. District Court Chief Judge Gustavo A. Gelpí sentenced Juan E. Seary-Colón, a.k.a. “Ricky Diablo” to life imprisonment for Hobbs Act robbery that resulted in murder, announced United States Attorney Rosa Emilia Rodríguez-Vélez. The FBI and the Puerto Rico Police Department (PRPD) were in charge of the investigation.
On February 27, 2018, after a four-day jury trial, a jury found Seary-Colón guilty of Hobbs Act robbery, murder with a firearm during the commission of a crime of violence, and other federal firearms offenses. During trial, the government proved that on April 3, 2012, Seary-Colón, entered Piezas Importadas Inc., a business dedicated to the sale of automobile parts in Carolina, PR, and without warning, shot the manager, David Méndez-Calderón, killing him almost instantly. The government presented eyewitness testimony that narrated how the defendant and another assailant entered the store, shot Mr. Méndez-Calderón, and stole approximately $1,000.00 from Piezas Importadas’ employees. Seary-Colón was identified by eyewitnesses in the days after the robbery and was arrested by PRPD and the FBI on April 6, 2012.
Seary-Colón had an extensive criminal history that included two murder convictions at the local level.
“I hope that this sentence will help Mr. Méndez-Calderón’s family find some closure,” said Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico. “We will continue to work diligently to prosecute violent criminals to the fullest extent of the law. This crime was truly a senseless and depraved act that took the life of a hard-working and beloved member of our community.”
The case was prosecuted by Assistant United States Attorney Nicholas Cannon.
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Johnstown Man Distributed Heroin and Fentanyl: Darryle Ford Faces Sentencing on December 17Read the Press Release
JOHNSTOWN, Pa. – A resident of Johnstown, Pa. pleaded guilty in federal court to a charge of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
Darryle D. Ford, 58, pleaded guilty to the indictment before United States District Judge Kim R. Gibson.
In connection with the guilty plea, on July 12, 2017, Ford distributed less than 100 grams of heroin, and a quantity of fentanyl.
Judge Gibson scheduled sentencing for Dec. 17, 2018, at 10:00 a.m. The law provides for a maximum sentence of 20 years in prison and a fine of $1,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Cambria County Drug Task Force conducted the investigation that led to the prosecution of Ford.
Johnstown Man Admits Distributing CocaineRead the Press Release
JOHNSTOWN, Pa. – A Cambria County resident pleaded guilty in federal court to a charge of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
Moses Lee Cunningham, 52, of Johnstown, Pa., pleaded guilty to the indictment before United States District Judge Kim R. Gibson.
In connection with the guilty plea, on June 7, 2017, Cunningham distributed less than 500 grams of cocaine.
Judge Gibson scheduled sentencing for Dec. 17, 2018, at 1:00 p.m. The law provides for a maximum sentence of 20 years in prison and a fine of $1,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Cambria County Drug Task Force conducted the investigation that led to the prosecution of Cunningham.
Indiana Man Sentenced to 15 Years for Distributing Information on Explosives and Poisons for Use in a Terror AttackRead the Press Release
Marlonn Hicks, 31, of Crown Point, Indiana, was sentenced today to 15 years in prison, to be followed by 3 years of supervised release, for distributing information regarding the manufacture and use of explosives, with the intent that the information be used for and in furtherance of a crime of violence.
The sentence was announced by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Thomas L. Kirsch II for the Northern District of Indiana and Special Agent in Charge Grant Mendenhall of the FBI’s Indianapolis Division. The sentence was issued by U.S. District Court Judge Joseph S. Van Bokkelen.
“The Department of Justice is committed to investigating and prosecuting terrorist threats against our homeland,” said Assistant Attorney General Demers. “The defendant plotted to conduct an attack on U.S. soil and, with today’s sentence, he is being held accountable for his actions. I applaud the efforts of the agents and prosecutors to achieve this successful outcome. Their work will ensure that the actions of the defendant, inspired by evil, will serve only as a cautionary tale for other would-be terrorists.”
“This exemplifies the Government’s commitment to prevent terrorism,” said U.S. Attorney Kirsch. “Rather than mourning the tragic attacks in Orlando, Hicks was inspired to try to commit a terror attack to kill innocent victims in the United States. My Office, working with the FBI and the National Security Division, quickly and efficiently eliminated the threat to public safety created by Mr. Hicks’ illegal activities.”
“The online communications by Mr. Hicks drew swift attention from our agents, who had identified and monitored him early in his path to radicalization,” said Special Agent in Charge Mendenhall. “As this radicalization deepened, the FBI continued to monitor Mr. Hicks’ activity and took action to mitigate any threats ensuring the public’s safety.”
According to the documents in this case, Hicks rapidly transformed from a vocal online supporter of the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization, to someone planning a terrorist act.
Within days of the Orlando, Florida Pulse Nightclub terrorist attack, Hicks was inspired to commit an act of terrorism and kill innocent civilians. On June 21, 2016, nine days after the Pulse massacre, Hicks discussed “getting busy” with a FBI source who Hicks believed was an ISIS supporter. Hicks sent this source two manuals on how to manufacture and use explosives and poisons and continued to discuss with this FBI source possible terror attacks. Hicks made his motivation for the planned attacks clear, exclaiming that since the FBI and similar government personnel “have shut the door now [on his ability to travel to ISIS controlled territory and fight there] I’m gonna open the door to hell for them.” As he began to develop an attack plan, in addition to sending the above referenced manuals, he discussed coordinating attacks to create “more of an audience.” Hicks also discussed how to obtain firearms and practice with them. Hicks clearly communicated to multiple sources and during his post-arrest interview that he wanted everyone to know the attacks were carried out in the name of ISIS.
During FBI surveillance, Hicks warned one of the FBI sources to “be careful the boys was just following me” referring to then ongoing FBI surveillance. During a message exchange with the FBI source Hicks said he was “strapped,” showed a picture of his firearm, and said “if they had me on anything I’d already be dead cause in Shaa Allah [translated as “god willing”] I ain’t going to jail.” Hicks was arrested on federal charges without incident in July 2016 and has remained in federal custody since his arrest.
The case was investigated by the FBI’s Indianapolis Division and the Indianapolis Joint Terrorism Task Force. The case is being prosecuted by the National Security Division’s Counterterrorism Section and the U.S. Attorney’s Office of the Northern District of Indiana.
Indiana Man Sentenced to 15 Years for Distributing Information on Explosives and Poisons for Use in A Terror AttackRead the Press Release
WASHINGTON – Marlonn Hicks, 31, of Crown Point, Indiana, was sentenced today to 15 years in prison, to be followed by 3 years of supervised release, for distributing information regarding the manufacture and use of explosives, with the intent that the information be used for and in furtherance of a crime of violence.
The sentence was announced by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Thomas L. Kirsch II for the Northern District of Indiana and Special Agent in Charge Grant Mendenhall of the FBI’s Indianapolis Division. The sentence was issued by U.S. District Court Judge Joseph S. Van Bokkelen.
“The Department of Justice is committed to investigating and prosecuting terrorist threats against our homeland,” said Assistant Attorney General Demers. “The defendant plotted to conduct an attack on U.S. soil and, with today’s sentence, he is being held accountable for his actions. I applaud the efforts of the agents and prosecutors to achieve this successful outcome. Their work will ensure that the actions of the defendant, inspired by evil, will serve only as a cautionary tale for other would-be terrorists.”
“This exemplifies the Government’s commitment to prevent terrorism,” said U.S. Attorney Kirsch. “Rather than mourning the tragic attacks in Orlando, Hicks was inspired to try to commit a terror attack to kill innocent victims in the United States. My Office, working with the FBI and the National Security Division, quickly and efficiently eliminated the threat to public safety created by Mr. Hicks’ illegal activities.”
“The online communications by Mr. Hicks drew swift attention from our agents, who had identified and monitored him early in his path to radicalization,” said Special Agent in Charge Mendenhall. “As this radicalization deepened, the FBI continued to monitor Mr. Hicks’ activity and took action to mitigate any threats ensuring the public’s safety.”
According to the documents in this case, Hicks rapidly transformed from a vocal online supporter of the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization, to someone planning a terrorist act.
Within days of the Orlando, Florida Pulse Nightclub terrorist attack, Hicks was inspired to commit an act of terrorism and kill innocent civilians. On June 21, 2016, nine days after the Pulse massacre, Hicks discussed “getting busy” with a FBI source who Hicks believed was an ISIS supporter. Hicks sent this source two manuals on how to manufacture and use explosives and poisons and continued to discuss with this FBI source possible terror attacks. Hicks made his motivation for the planned attacks clear, exclaiming that since the FBI and similar government personnel “have shut the door now [on his ability to travel to ISIS controlled territory and fight there] I’m gonna open the door to hell for them.” As he began to develop an attack plan, in addition to sending the above referenced manuals, he discussed coordinating attacks to create “more of an audience.” Hicks also discussed how to obtain firearms and practice with them. Hicks clearly communicated to multiple sources and during his post-arrest interview that he wanted everyone to know the attacks were carried out in the name of ISIS.
During FBI surveillance, Hicks warned one of the FBI sources to “be careful the boys was just following me” referring to then ongoing FBI surveillance. During a message exchange with the FBI source Hicks said he was “strapped,” showed a picture of his firearm, and said “if they had me on anything I’d already be dead cause in Shaa Allah [translated as “god willing”] I ain’t going to jail.” Hicks was arrested on federal charges without incident in July 2016 and has remained in federal custody since his arrest.
The case was investigated by the FBI’s Indianapolis Division and the Indianapolis Joint Terrorism Task Force. The case is being prosecuted by the National Security Division’s Counterterrorism Section and the U.S. Attorney’s Office of the Northern District of Indiana.
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Georgia man sentenced for cigarette smuggling chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Sukhdev Singh Virdi, of Dacula, Georgia, was sentenced today to three years probation for unlawful cigarette smuggling, First Assistant United States Attorney Randolph J. Bernard announced today.
Virdi, age 46, pled guilty to one count of “Conspiracy to Traffic in Untaxed Cigarettes” in June 2017. Virdi admitted to conspiring to profit from the unlawful sale of contraband cigarettes.
Virdi was the store manager of American Cigarette Outlet, Inc., in Clearbrook, Virginia, which did business as Virginia Cigarette Outlet and Clearbrook Cigarettes and. He admitted to transporting large quantities of cigarettes across state lines for redistribution and sale. The cigarettes were acquired in Virginia, where the tax rate for cigarettes is one of the lowest in the nation, and sold in other states, including New York, which has one of the nation’s highest tax rates. The cigarettes were possessed and transported in West Virginia.
Assistant U.S. Attorney Michael Stein prosecuted the case on behalf of the government. Homeland Security Investigations, the Alcohol and Tobacco Tax and Trade Bureau, the Internal Revenue Service Criminal Investigations, the Frederick County, Virginia Sheriff’s Office, the West Virginia State Police, and the New York City Sheriff’s Office investigated.
Chief U.S. District Judge Gina M. Groh presided.
Former Decatur Business Owner Sentenced to Five Years in Prison for Possession with Intent to Distribute Spice, K2Read the Press Release
SPRINGFIELD, Ill. – U.S. District Judge Sue E. Myerscough today sentenced a former Decatur business owner, Noman Hizam, 37, to five years in prison for possession with intent to distribute synthetic cannabinoids, known as Spice and K2. Hizam, of Harristown, was further ordered to remain on supervised release for three years following his prison term. Hizam has remained in the custody of the U.S. Marshals Service since his arrest in July 2016.
Hizam pleaded guilty to the charges on March 2, 2018. According to the factual basis in support of Hizam’s pleas of guilty, Hizam admitted that he was the intended recipient of a shipment of synthetic cannabinoids from New York in September 2014. A Decatur police detective intercepted the shipment when he stopped the Chevrolet Suburban on I-72 in Macon county. Inside the vehicle, the detective discovered two large trash bags that contained approximately 17.4 kilograms of synthetic cannabinoids packaged in 1,741 packets.
On May 10, 2016, DEA agents executed federal search warrants at Decatur businesses owned by Hizam, including the Handy Pantry, 3715 North Woodford St.; Cigar Outlet, 1247 E. Mound; and, Tobacco Express, 1101 N. Route 48. At the same time, Hizam was stopped in a vehicle and consented to the search of the vehicle. Officers located a plastic grocery sack in the vehicle’s center armrest that contained stacks of U.S. Currency. In addition Hizam had a bundle of U.S. Currency in his pants pocket. Officers also recovered keys for a storage locker unit. Following consent to search the storage unit at 2727 N. Woodford in Decatur, agents recovered approximately 300 packets of synthetic cannabinoids. Examples of the street names under which the synthetics are marketed, agents recovered packets labeled as Smacked Blueberry, Geeked Up; Scooby Snax Hydro; Scooby Snax Watermelon; Mr. Big Shot; Green Giant; Mind Trip; Scooby Snax Hypnotic, and others.
According to publicly disseminated DEA drug fact information, K2 and Spice are two of the many trade names or brands for synthetic cannabinoids which are human-made, mind-altering chemicals developed to mimic the effects of THC, the main active ingredient of marijuana. They are often marketed under the guise of “herbal incense” or “potpourri.” The synthetic cannabinoids are typically marketed in rectangular, heat-sealed packets with brightly colored wording and street names to appeal to a youthful crowd, such as “Scooby Snax,” “Mr. Happy,” California Dream,” “Hayz,” “AK47,” “OMG,” “Down2Earth,” etc.
The case against Hizam is related to a continuing task force investigation of the distribution of synthetic cannabinoids in Central Illinois. This task force, part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, is led by the DEA with the Illinois Attorney General Investigations; Illinois State Police; FBI; Decatur Police Department; Springfield Police Department; Illinois Department of Revenue; and IRS-Criminal Investigation. OCDETF is a Department of Justice program that supports multi-jurisdictional task forces of federal, state and local law enforcement agencies to conduct long-term and complex investigations and prosecutions of drug-related crimes. Assistant U.S. Attorney Timothy A. Bass is prosecuting the cases on behalf of the U.S. Attorney’s Office for the Central District of Illinois.
Federal Indictment Charges Three Individuals with Conspiracy to Distribute Cyclopropyl FentanylRead the Press Release
SALT LAKE CITY – A federal grand jury returned a four-count superseding indictment Wednesday charging three individuals with conspiracy to distribute controlled substances resulting in the overdose death of an individual. According to the indictment, the controlled substance was cyclopropyl fentanyl, a synthetic opioid.
Charged in the indictment, unsealed Friday afternoon, are Adam Hemmelgarn, age 37, of Hooper, Utah, Tyrell Jabbar Perry, age 20, of Roy, Utah, and Christian Scott Jimerson, age 19, of West Haven, Utah. The three are also charged with distribution of cyclopropyl fentanyl.
The individual who died is identified as J.R. in the indictment. Family members of J.R. have asked that his name, Jaydon Rogers, be released. Rogers was found unresponsive in his residence in West Haven, Utah, on March 12, 2018, and transported to the hospital. He died March 14, 2018.
In addition to the drug charges, Hemmelgarn is also charged with possession of a firearm in furtherance of a drug trafficking crime and possession of firearms following a felony conviction. The indictment alleges Hemmelgarn had six firearms and associated ammunition in his possession.
Hemmelgarn was taken into custody Thursday. He had an initial appearance Friday afternoon before U.S. Magistrate Judge Brooke C. Wells and entered a plea of not guilty to the charges. A detention hearing for Hemmelgarn was continued to Aug. 31, 2018.
Perry and Jimerson were initially charged with conspiracy to distribute controlled substances and distribution of cyclopropyl fentanyl in a sealed indictment returned by a grand jury on Aug. 2, 2018. A summons will be issued to both of them to appear on the charges in the superseding indictment.
Indictments are not findings of guilt. Individuals charged in indictments are presumed innocent unless or until proven guilty in court.
The potential maximum sentence for conspiracy to distribute a controlled substance resulting in death is life in prison with a 20-year mandatory minimum sentence. Possession of a firearm following a felony conviction has a maximum 10-year sentence and possession of a firearm in furtherance of a drug trafficking offense has a five-year mandatory minimum sentence, which would run consecutive to any sentence imposed for a drug offense.
Agents, deputies, and officers of the DEA, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Weber County Sheriff’s Office, and the Davis County Metro Narcotics Task Force are investigating the case. The U.S. Attorney’s Office is prosecuting the case.
Drums Man Pleads Guilty to Theft of Government PropertyRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Gregory Ciego, age 35, of Drums, Pennsylvania, pleaded guilty on August 17, 2018, to a criminal information charging him with theft of government property.
According to United States Attorney David J. Freed, Ciego admitted to stealing $1,000 from the United States between January 2016 and January 2018, by making purchases of gasoline using a credit card issued by the United States Navy.
This case was investigated by the Office of the Inspector General and the United States Naval Criminal Investigative Services. Assistant U.S. Attorney Alisan VanFleet is prosecuting the case.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for theft of government services is one year of imprisonment, a term of supervised release of one year, and a $100,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Drug Traffickers Sentenced to Federal PrisonRead the Press Release
United States Attorney Brandon J. Fremin announced the sentencings of three individuals involved in a drug trafficking network based and operating in Baton Rouge. The Indictment filed in this matter charged drug trafficking offenses involving marijuana, as well as the possession of a firearm during and in relation to a narcotics trafficking offense.
On August 20, 2018, U.S. District Judge Lance M. Africk sentenced DEARIEUS DUHEART, age 34, of Baton Rouge, Louisiana, to 24 months in federal prison following his conviction for possessing marijuana with the intent to distribute. The federal sentence will be served consecutive to a pending, state parole revocation proceeding.
On December 20, 2016, Derrick Keelen was present at 4535 McClelland Court in Baton Rouge. That day, BRPD officers arrived at the residence to investigate an anonymous complaint of suspicious activity at the residence. Upon arrival at the house, officers observed that the home’s windows were covered in tinting, preventing outsiders from observing the interior of the residence. When approaching the carport door of the home, officers could smell raw marijuana. Officers knocked on the door and identified themselves. After a brief delay, Derrick Keelen opened the door, whereupon officers were overpowered by the smell of marijuana. Once the door was opened, officers could see raw marijuana on a nearby table. Upon officer’s request, the defendant Derrick Keelen allowed officers into the home. On entering, officers saw marijuana, scales, a firearm and drug paraphernalia. The marijuana, drug-packaging material, and a firearm were in plain view on the coffee table located in the living room.
Upon further search of the home, BRPD officers found 248 total grams of marijuana, approximately 3.3 total grams of cocaine, three digital scales, several cellular phones, one container of codeine/promethazine, and a Taurus .45 caliber semi-automatic firearm. A judicially authorized search of a vehicle parked at the residence, belonging to Jornell Keelen, revealed $24,319 and .2g of heroin in an Audi A8 sedan.
On June 25, 2018, U.S. District Judge Lance M. Africk sentenced DERRICK KEELEN, age 28, of Baton Rouge, Louisiana, to 60 months in federal prison following his convictions for possessing with the intent to distribute marijuana and possessing a firearm in furtherance of a drug trafficking crime.
On March 5, 2018, U.S. District Judge Lance M. Africk sentenced JORNELL KEELEN, age 24, of Baton Rouge, Louisiana, to 60 months in federal prison following his conviction possessing a firearm in furtherance of a drug trafficking crime
U.S. Attorney Fremin stated, “This is yet another step towards our goal of making our communities safer. We will continue to pursue those who deal illegal drugs and create dangerous situations for our communities. I am proud of the efforts of the ATF, BRPD and our prosecutors who handled this important matter.”
ATF Resident Agent-in-Charge Antonio L. Pittman stated, “The Bureau of Alcohol, Tobacco, Firearms and Explosives, along with our law enforcement partners continue to serve our communities by focusing our efforts on removing armed violent felons from our streets. I am proud of the work we are conducting in conjunction with our community. We will continue to work diligently to protect our citizens by presenting relevant investigative work to our Middle District of Louisiana US Attorney’s Office for federal prosecution.”
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Baton Rouge City Police Department. The case was prosecuted by Assistant United States Attorneys Cal Leipold and Rene Salomon.
Defendant in 15-Kilogram Cocaine Conspiracy Receives Jail Term of 151 MonthsRead the Press Release
NEWARK, N.J. – A Sunnyside, Washington, resident was sentenced today to 151 months in prison for his role in a drug-trafficking conspiracy that ended in February 2017 with the seizure of 15 kilograms of cocaine in a parking lot in Burbank, California, U.S. Attorney Craig Carpenito announced.
Efrain Cardenas Alcaras, 41, was charged in the District of New Jersey with conspiracy to distribute more than five kilograms of cocaine. His case was later transferred to the Central District of California in Los Angeles, where Alcaras pleaded guilty to an indictment before U.S. District Judge Philip S. Gutierrez. He was charged with at least three other people, two of whom have been sentenced in New Jersey by U.S. District Judge William H. Walls in Newark federal court.
According to documents filed in this case and statements made in court: From Aug. 31, 2016, through Feb. 8, 2017, law enforcement officers were monitoring communications between one of Alcaras’ co-defendants and others. Those communications led to law enforcement officers seizing approximately one kilogram of cocaine that a co-defendant had sold to another individual in California on Sept. 26, 2016. The cocaine was intended to be delivered to New Jersey.
On Feb. 8, 2017, in Burbank, California, law enforcement officers observed as Alcaras and his conspirators met with another individual in the parking lot of a retail establishment. The conspirators arrived in two vehicles, a black Jeep and a white sedan. Alcaras was driving the black Jeep, which was determined to contain the illegal narcotics. Approximately 15 kilograms of cocaine and a .380 caliber firearm were recovered from the scene.
In addition to the prison term, Judge Gutierrez sentenced Alcaras to five years of supervised release.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Melissa Wangenheim of the Criminal Division in Newark.
Defense counsel: Humberto Diaz Esq., Los Angeles, CaliforniaDayton man indicted for posting threats to Ohio Lottery Commission Facebook pageRead the Press Release
A Dayton man was indicted in federal court after making threats over social media to kill people.
Jason Davon Stovall, 38, was indicted on four counts of making threats over interstate communications.
Stovall made numerous posts to the Ohio Lottery Commission’s Facebook page between June 28 and July 7 in which he threatened to kill people, according to court documents.
This case is being prosecuted by Assistant U.S. Attorney Brian Deckert following an investigation by the FBI and Ohio State Highway Patrol.
If convicted, the defendant’s sentence will be determined by the court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases, it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Criminal Alien Sent to Prison for Re-Entering the United States…AgainRead the Press Release
LAREDO, Texas – A Mexican man has been sent to federal prison for illegally re-entering the United States after he was deported, announced U.S. Attorney Ryan K. Patrick. Teodolfo Vega-Hernandez, 47, pleaded guilty to illegal re-entry after deportation March 29, 2018.
Today, District Judge Marina Garcia Marmolejo sentenced Vega-Hernandez, of Tultitlan, Estado de Mexico, Mexico, to 63 months in prison. On supervised release following his previous conviction of illegal re-entry, Vega-Hernandez received an additional 12-month sentence, three of which to be served consecutively for a total 66-month-term of imprisonment.
This marks the fourth time Vega-Hernandez has been convicted of illegally re-entering the United States following deportation. He was previously convicted Aug. 7, 2007, Nov. 18, 2009, and June 12, 2013. The court noted he was also previously convicted of a felony - driving while intoxicated - in Austin on April 14, 2005, following multiple convictions that spanned many years of driving while intoxicated, public intoxication and assault. He was ordered to be deported following those sentences, but continued to illegally re-enter the United States. After his third conviction June 12, 2013, he served 36 months in prison and was again ordered deported to Mexico Aug. 21, 2017.
However, on Jan. 12, 2018, Border Patrol (BP) found Vega-Hernandez again illegally present in the United States near Hebbronville. He had no legal documents to enter, travel through or remain in the United States.
He is again expected to face deportation proceedings following his release from prison.
Customs and Border Protection and BP conducted the investigation. Special Assistant U.S. Attorney Lisa M. Ezra prosecuted the case.
Coral Springs Man Sentenced to Prison for ArsonRead the Press Release
Last week, a Coral Springs man was sentenced to five years in prison and ordered to pay over $3 million in restitution for carrying out a residential arson.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, Ari C. Shapira, Special Agent in Charge, United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, and Clyde Parry, Chief, Coral Springs Police Department, made the announcement.
Nathan Counts, 40, of Coral Springs, previously pled guilty to arson, in violation of Title 18, United States Code, Section 844(i). On August 15, 2018, U.S. District Judge William P. Dimitrouleas sentenced the defendant to 60 months in prison, to be followed by three years of supervised release. The defendant was also ordered to pay restitution in the amount of $3,129,781.00.
According to court documents, on February 12, 2018, Nathan Counts purchased a portable gas tank, filled it with gasoline, and drove home to his apartment in Coral Springs, Florida. Counts then poured gasoline on several areas within his residence and set the apartment on fire. In setting the fire, Counts intended to damage his own apartment and other apartments within the building.
As a result of the fire, two buildings (including 28 individual units) received varying degrees of fire, heat, smoke and water damage. The residents of both buildings were displaced and three cats were killed. The total damage to real and personal property was approximately $3,129,781.00.
Mr. Greenberg commends the investigative efforts of the ATF and Coral Springs Police Department and thanks the Division of Investigative & Forensic Services Bureau of Fire Arson Explosive Investigations for their assistance. The case was prosecuted by Assistant United States Attorney Frederic Shadley.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Convicted Felon Sentenced to 10 Years in Prison for Methamphetamine and Firearm ChargesRead the Press Release
HONOLULU – Ikaika Adams-Feeney, 28, was sentenced today to 10 years of imprisonment for possessing methamphetamine with intent to distribute and for being a felon in possession of a firearm. Following his incarceration, Adams-Feeney will be on supervised release for 5 years. As part of his sentence, Adams-Feeney also forfeited $3,089 in drug proceeds.
According to court documents and information presented in court, on August 29, 2017, Honolulu Police Department officers arrested Adams-Feeney at the Hawaiian Ebbtide Hotel in Waikiki on an outstanding warrant. Upon his arrest, Adams-Feeney, a convicted felon, was found to be in possession of 43 grams of pure methamphetamine, a loaded 9mm Beretta pistol with numerous rounds of ammunition, drug paraphernalia, and $3,089 in cash.
At sentencing, Senior U.S. District Judge Helen Gillmor commented that Adams-Feeney’s conduct in selling drugs and possessing a loaded firearm was “unacceptable.”
“As a part of Project Safe Neighborhoods, we are working with our local and federal partners to target for investigation and prosecution repeat offenders and the most violent criminals in Hawaii,” said U.S. Attorney Kenji M. Price. “This case is a great example of what we can achieve when we work together to keep our communities safe.”
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 Honolulu Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, and prosecuted by Assistant U.S. Attorney Darren Ching.
Columbus Man Pleads Guilty to Possessing A Firearm in Furtherance of A Crime of ViolenceRead the Press Release
COLUMBUS: Charles E. Peeler, United States Attorney for the Middle District of Georgia, announces that Zachary Eckelmann, age 23, of Columbus, Georgia, pled guilty to Possession of a Firearm in Furtherance of a Crime of Violence before Chief U.S. District Court Judge Clay D. Land in Columbus, Georgia on August 20, 2018. This plea subjects Mr. Eckelmann to a mandatory minimum sentence of imprisonment of 10 years, and a maximum of life in prison.
In his plea agreement, Mr. Eckelmann admitted that on May 28, 2015, he and at least one other person were operating a vehicle in Columbus, Georgia, when the vehicle’s owner observed them and pursued. The car chase continued on to Ft. Benning, where a shootout ensued. No one was injured, and a stolen firearm used by Mr. Eckelmann was recovered. Mr. Eckelmann now admits he possessed the stolen gun, and he discharged the gun in the direction of his pursuer.
Mr. Eckelmann is scheduled to be sentenced on September 18, 2018 in Columbus.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
This case was investigated by the Columbus Police Department, the Federal Bureau of Investigation and the Army Criminal Investigation Division. Assistant United States Attorney Melvin E. Hyde, Jr. is prosecuting 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.
Berkeley County man admits to child pornography chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Christopher Lee Myers, of Bunker Hill, West Virginia, has admitted to possessing child pornography, United States Attorney Bill Powell announced.
Myers, age 36, pled guilty to one count of “Possession of Child Pornography.” Myers admitted to having child pornography on his computer in October 2017.
Myers faces up to 20 years incarceration and a fine of $250,000 fine. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Assistant U.S. Attorney Anna Z. Krasinski is prosecuting the case on behalf of the government. The West Virginia State Police investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Attorney General Sessions Announces New National Public Safety Partnership Sites to Combat Violent Crime, Citing Success in MemphisRead the Press Release
Memphis, TN - As the Department of Justice continues its efforts to fulfill President Trump’s commitment to reducing violent crime in America, Attorney General Jeff Sessions today announced the selection of five cities to the National Public Safety Partnership (PSP). PSP provides a framework for enhancing federal support of state, local, and tribal law enforcement officials and prosecutors as they aggressively investigate and pursue violent criminals, specifically those involved in gun crime, drug trafficking, and gang violence.
PSP provides cities the opportunity to consult with, receive coordinated training and technical assistance from, and have access to an array of resources from the Justice Department and its law enforcement components.
PSP offers two separate approaches to the assistance provided by the Justice Department, the Diagnostic Approach and the Operations Approach:
• PSP Diagnostic teams help participating cities develop tools to diagnose and address violent crime issues.
• PSP Operations teams partner directly with federal, state, local, and tribal officials to strategically address violent crime issues.
Five sites have been selected to receive this significant assistance:
2018 PSP Diagnostic Sites:
• Saginaw, Michigan
• Salisbury, North Carolina
2018 PSP Operations Sites:
• Kansas City, Missouri (participated as a PSP Diagnostic Site in 2017)
• Miami, Florida
• Tulsa, Oklahoma
"Reversing the recent troubling increase in violent crime in our country is a top priority of the Department of Justice as we work to fulfill the President’s promise to make America safer," said Attorney General Sessions. "Cooperation with our fabulous state and local partners is the single most important aspect of our strategy to reduce crime. The National Public Safety Partnership program will help five American cities to build up their own capacity to fight crime by using DOJ expertise and resources as well as evidence-based strategies customized to meet their needs. We want to be a force multiplier for them, and under PSP, we will."
U.S. Attorney D. Michael Dunavant said, "The U.S. Attorney’s Office for the Western District of Tennessee is proud to participate in the National Public Safety Partnership Initiative here in Memphis. PSP has allowed us to receive federal resources in law enforcement training and technical assistance in an innovative framework to enhance data-driven, evidence-based local strategies for violence reduction. The good work of the PSP Team Stakeholders, including commitment from federal, state, and local law enforcement agencies to targeted enforcement has resulted in a significant reduction in the violent crime rate. We are thankful for all of these resources from the Department of Justice, and we are committed to the continued effective use of these tools to reduce violent crime in the future."
In June 2017, Attorney General Jeff Sessions announced the PSP program during remarks at the National Summit on Crime Reduction and Public Safety. The twelve sites announced in 2017 continue to participate in 2018, and have resulted in a number of success including, but not limited to:
• Birmingham, Alabama: The U.S. Attorney’s Office for the Northern District of Alabama established a public safety task force of local, state, and federal partners to improve data and intelligence sharing, complement community outreach, and improve prevention efforts. As a result of coordinated efforts among local and federal law enforcement, homicides in Birmingham are down 12 percent year to date in June.
• Indianapolis, Indiana: The U.S. Attorney’s Office for the Southern District of Indiana and the Bureau of Alcohol Tobacco, Firearms, and Explosives (ATF) have enhanced coordination with each Indianapolis Metropolitan Police Department patrol district to help identify and prioritize drug and gun crime cases appropriate for federal prosecution. ATF has also assigned a crime analyst to focus solely on National Integrated Ballistic Information Network (NIBIN) cases. NIBIN is a national program that assists law enforcement agencies in making connections among crimes involving firearms. As of July 2018, Indianapolis reports an increased homicide clearance rate from 40 percent to 70 percent year to date, which it attributes to increased collaboration among local and federal partners.
• Memphis, Tennessee: Identified one precinct and geographical area in South Memphis for PSP engagement—the Raines Street Station—to focus increased local and federal enforcement efforts. The Raines Street Station experienced approximately 22 percent of the city’s homicides in 2016. As a result of PSP involvement in the Raines Street Station area, homicides are down approximately 27 percent and aggravated assaults are down 11 percent, as of July 31, 2018.
Partner sites are selected through a process that considers both quantitative and qualitative measures, including sustained levels of violent crime that far exceed the national average. PSP sites must demonstrate a commitment to reducing violent crime, and in August 2017 that commitment was extended to include reducing violent crime stemming from illegal immigration.
The Justice Department agencies involved in PSP are: the United States Attorneys’ Offices; the Office of Justice Programs; the FBI; the ATF; the U.S. Marshals Service; the Drug Enforcement Administration; the Office on Violence Against Women; and the Office of Community Oriented Policing.
For more information about additional PSP sites, their designations and DOJ’s work to reduce violent crime and enhance public safety, visit https://www.nationalpublicsafetypartnership.org.
Ambulance Company Owner Convicted in $3 Million Medicare Fraud ConspiracyRead the Press Release
HOUSTON – A 59-year-old Sugar Land man has admitted to conspiring to commit health care fraud through Medicare ambulance claims, announced U.S. Attorney Ryan K. Patrick.
Anthony Chukwudi Nwosah is the owner of Tonieann EMS and Rosenberg EMS. Today, he admitted he conspired to submit more than $3 million in false and fraudulent claims to Medicare for ambulance transport services that were not provided and not medically necessary. Nwosah received approximately $1,094,260 as payment for those claims.
Nwosah admitted he submitted the ambulance claims for Medicare beneficiaries transported by vans, not ambulances, to routine psychotherapy appointments and for at least one other beneficiary who did not require ambulance transportation. Nwosah also admitted he instructed a licensed emergency medical technician (EMT) to create fake ambulance transport records which included fake vital signs, patient narratives and transport mileage. Additionally, he admitted that more than 2,000 fake ambulance transport records contained the name of another EMT who never worked for him.
The Medicare program requires ambulance providers to sign an enrollment application that expressly states the provider will not knowingly submit false or fraudulent claims to Medicare or claims with deliberate ignorance or reckless disregard for their truth or falsity. The Medicare program only intended to pay for ambulance services that were provided and medically necessary. Medicare did not intend to pay for ambulance services provided by vans or taxis or for beneficiaries who, at the time of transportation, could safely be transported by other means.
U.S. District Judge Lynn Hughes accepted the plea and has set sentencing for Nov. 19, 2018. At that time, Nwosah faces up to 10 years in federal prison and a $250,000 fine.
He was permitted to remain on bond pending that hearing.
The Department of Health and Human Services – Office of the Inspector General and the FBI conducted the investigation. Assistant U.S. Attorney Julie Redlinger prosecuted the case.
18 August 2018
U.S. Attorney's Office Partners with Asheville Police Department and Buncombe County Sheriff's Office on Youth-Oriented Program, as Part of Project Safe NeighborhoodsRead the Press Release
ASHEVILLE, N.C. – United States Attorney Andrew Murray announced today that the U.S. Attorney’s Office for the Western District of North Carolina partnered with the Asheville Police Department (APD) and the Buncombe County Sheriff’s Office (BCSO) to conduct the Law Enforcement Guiding Adolescent Lives (L.E.G.A.L.) training program in Asheville. L.E.G.A.L. is a youth-oriented community outreach initiative, designed to foster positive interactions between young people and members of the law enforcement community.
The one-day program was held earlier today in Asheville, at the Buncombe County Training Center. Volunteer APD officers and BCSO deputies, and 18 young men selected from the Asheville-based youth development program My Daddy Taught Me That (MDTMT), participated in today’s training.
The APD and the BCSO worked closely with the U.S. Attorney’s Office to implement the program and to develop a curriculum that was informative, meaningful and fun for the participants.
“This program is extremely valuable for the young people and the volunteer law enforcement officers who participated in today’s training. The goal of this outreach effort is to provide a scenario for positive interactions between law enforcement officers and our youth, to foster positive relationships, and to promote mutual respect toward one another through education,” said U.S. Attorney Murray. “This experience can be eye-opening for all participants, leading to more effective, and ultimately safer, interactions between law enforcement officers and young people within our communities.”
“My Daddy Taught Me That is a program designed to uplift and support the development and education of youth and young males,” said MDTMT Founder Keynon Lake. “Our mission is to foster and empower boys to become healthy men, and to develop into the leaders of tomorrow. This is facilitated through education, hands-on activities, and participation in innovative and unique events, like L.E.G.A.L. Today’s training will have a positive and long-lasting effect on all the young men who participated.”
The four-hour program began with youth participants receiving legal and practical skills orientation. During this session, participants received basic legal background information from an Assistant United States Attorney, on searches related to traffic stops, public area encounters, and home encounters. Participants also received practical instruction on their rights and on interacting with law enforcement in a safe and positive manner.
Following the legal orientation, participants had an opportunity to utilize their newly-acquired skills by engaging with law enforcement officers in simulated police interactions. After each simulated interaction, participants and law enforcement officers engaged in role-reversals, designed to foster a better understanding of each group’s standpoint, and to offer an opportunity to share each other’s perspective. Following the simulated encounters, participants engaged in free dialogue with law enforcement volunteers during a roundtable luncheon.
In his opening remarks to the group, U.S. Attorney thanked everyone for participating in the training, and noted that L.E.G.A.L. is an example of the outreach component of the Western District’s Project Safe Neighborhoods (PSN) crime reduction program, which was reinvigorated by the Justice Department last year.
“Our overarching goal is to reduce violent crime and make our neighborhoods safer for everyone. To achieve that, we must develop and implement youth outreach programs throughout the Western District of North Carolina that enhance youth development and promote positive interactions between law enforcement and young people in the community.”
U.S. Attorney Murray also thanked Asheville Police Chief Tammy Hooper, Buncombe County Sheriff Van Duncan, and Keynon Lake for their support of the L.E.G.A.L. program and commended each for doing their part to keep our communities and help all our youth thrive.
MDTMT is a youth development program designed to support young males, ages 12 to 19, through advocacy, education, and mentoring. For more information on MDTMT, please visit http://mydaddytaughtmethat.org.
17 August 2018
Williamson County Man Sentenced for Federal Firearm ViolationRead the Press Release
Reginald L. Cavitt, a/k/a "Reggie," 37, of Marion, Illinois, has been sentenced to federal prison for a firearm offense, United States Attorney for the Southern District of Illinois Steven D. Weinhoeft announced today. Cavitt, who previously pled guilty to a one-count indictment charging unlawful possession of a firearm by a felon, was sentenced to 36 months imprisonment, to be followed by two years of supervised release. He will be credited one month toward his sentence for time served on a related state case. Cavitt was also fined $200 and ordered to forfeit a Taurus, model PT845, .45 caliber pistol to the United States.
Evidence at the plea and sentencing hearings established that Cavitt was selling marijuana out of a Marion residence that he shared with a girlfriend and three young children. On June 26, 2017, officers executed a search warrant at the Marion residence, where they located the loaded .45 caliber pistol, marijuana, cocaine, over $7,600 in cash, a digital scale, drug packaging materials, and additional ammunition. Because Cavitt had previously been convicted of a felony, federal law prohibits him from possessing a firearm.
The investigation was conducted by the Marion Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The Williamson County States Attorney’s Office also assisted in the investigation.
Williamson County Man Charged with Methamphetamine OffenseRead the Press Release
On August 16, Kevin W. Page, a/k/a "Dink," 37, of Carbondale, Illinois, made his initial appearance in federal court to face charges of conspiracy to distribute more than 50 grams of methamphetamine. Page was charged in a one-count indictment returned on August 7 by a federal grand jury sitting in Benton, Illinois. The indictment alleges that the offense occurred in Williamson County between April 2017 and July 2018. Page is in federal custody and will be detained without bond pending trial, which is currently set for October 15, 2018.
If convicted, Page faces a sentence of 5 to 40 years imprisonment, no more than four years of supervised release, and a maximum fine of $5,000,000.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
The ongoing investigation is being conducted by the Southern Illinois Enforcement Group. The Williamson County Sheriff’s Office, Marion Police Department, and Herrin Police Department also assisted in the investigation.
Westwego Man Pleads Guilty to Drug ConspiracyRead the Press Release
U.S. Attorney Duane A. Evans announced that MOHAMMED FATTY, age 28, of Westwego, pled guilty yesterday to one count of conspiracy to distribute one kilogram or more of heroin, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(A), and 846.
According court documents, FATTY transported approximately one kilogram of heroin between Georgia and the New Orleans area over two occasions.
If convicted, FATTY faces a mandatory minimum term of imprisonment of ten years, a maximum term of imprisonment of life, a fine of up to $10,000,000, at least five years supervised release after imprisonment, and a mandatory $100 special assessment.
U.S. Attorney Evans praised the work of the United States Department of Homeland Security, Homeland Security Investigations in investigating this matter. Assistant United States Attorney Jonathan L. Shih is in charge of the prosecution.
Unlicensed Pharmacy Technician Pleads Guilty to Working at New England Compounding CenterRead the Press Release
BOSTON – A New England Compounding Center (NECC) employee pleaded guilty today in federal court in Boston in connection with working as an unlicensed pharmacy technician at the compounding pharmacy in Framingham.
Scott M. Connolly, 46, of East Greenwich, R.I., pleaded guilty to 10 counts of mail fraud. U.S. District Court Judge Richard G. Stearns scheduled sentencing for Dec. 19, 2018. In December 2014, Connolly was indicted along with 13 others in connection with the 2012 nationwide fungal meningitis outbreak originating from NECC. Connolly is cooperating with the government and is expected to testify during the October 2018 trial of the remaining NECC defendants.
Connolly was a licensed pharmacy technician from September 2007 to January 2009, when he voluntarily surrendered his license in connection with a disciplinary action against him. Under Massachusetts regulations, pharmacy technicians filling drug orders are required to be licensed. Nevertheless, Connolly was hired at NECC and worked as a pharmacy technician from 2010 through October 2012. Connolly was assigned to Clean Room 2 making cardioplegia solutions that are used to stop patients’ hearts during heart surgeries. For more than two years, Connolly produced thousands of cardioplegia solutions that were sent to customers throughout the country. Connolly’s unlicensed status was known to his supervising pharmacists, Barry Cadden, Glenn Chin, and others.
To mask his presence from regulators, Connolly used Cadden’s username and password to log into the computerized pump so that his name would not appear on any paperwork generated when he filled the cardioplegia orders. He also did not perform any of the required validation tests other pharmacy technicians were required to do. Connolly’s employment file falsely listed him as a warehouse employee.
The NECC criminal case arose from the nationwide outbreak of fungal meningitis that was traced back to contaminated vials of preservative-free methylprednisolone acetate (MPA) manufactured by NECC. The outbreak was the largest public health crisis caused by a pharmaceutical product.
In March 2017, Cadden was convicted by a federal jury of racketeering, racketeering conspiracy, mail fraud and introduction of misbranded drugs into interstate commerce with the intent to defraud and mislead. He was sentenced in June 2017 to 108 months in prison and three years of supervised release. In October 2017, Chin was convicted of the same charges and sentenced in January 2018 to eight years in prison and two years of supervised release.
The charge of mail fraud provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Derek Roy, Resident Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations, Metro Washington Field Office; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Sean J. Smith, Special Agent in Charge of the Department of Veterans Affairs, Office of Inspector General; Leigh-Alistair Barzey, Special Agent in Charge of the Defense Criminal Investigative Service’s Northeast Field Office; and Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service, Boston Division, made the announcement today. Assistant U.S. Attorneys George P. Varghese and Amanda P.M. Strachan of Lelling’s Health Care Fraud Unit are prosecuting the case.
The details contained in the court documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.