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16 August 2018
U.S. Attorney Justin Herdman praises the Justice Department and DEA's proposal to reduce opioid quotasRead the Press Release
United States Attorney Justin E. Herdman issued the following statement on the Justice Department and DEA's proposal to reduce the manufacturing quotas for opioids:
"The efforts announced by the Justice Department will restrict the supply of opioids on the front end of the overdose crisis. We have seen the death and destruction that can result from addiction. Our communities in Northern Ohio will be better off now and in the future thanks to this critical step."
U.S. Attorney Duncan Supports Justice Department, DEA Proposal to Reduce Controlled Substances Manufactured in the United StatesRead the Press Release
LEXINGTON, Ky. –The Department of Justice and U.S. Drug Enforcement Administration (DEA) have proposed a reduction for controlled substances that may be manufactured in the U.S. next year. Consistent with President Trump’s “Safe Prescribing Plan” that seeks to “cut nationwide opioid prescription fills by one-third within three years,” the proposal decreases manufacturing quotas for the six most frequently misused opioids for 2019, by an average ten percent as compared to the 2018 amount. The Notice of Proposed Rulemaking (NPRM) marks the third straight year of proposed reductions, which help reduce the amount of drugs potentially diverted for trafficking and used to facilitate addiction.
“In the Eastern District of Kentucky, we have all seen and been touched by the tragic consequences of opioid abuse and addiction,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “Illicit diversion of prescription opioids has been a significant catalyst for the epidemic and it is a critically important area to focus efforts to stem the tide. The proposed quota adjustment is another tool in this fight. We support the proposed adjustment, as it will reduce the amount of highly addictive opioids potentially available for illicit diversion.”
The press release announcing the proposal can be viewed at:
https://www.justice.gov/opa/pr/justice-department-dea-propose-significant-opioid-manufacturing-reduction-2019
U.S. Attorney Brady Fully Supports Justice Department, DEA’s Proposal to Significantly Reduce Opioid Manufacturing in 2019Read the Press Release
WASHINGTON -- The Department of Justice and U.S. Drug Enforcement Administration (DEA) have proposed a reduction for controlled substances that may be manufactured in the U.S. next year. Consistent with President Trump’s “Safe Prescribing Plan” that seeks to “cut nationwide opioid prescription fills by one-third within three years,” the proposal decreases manufacturing quotas for the most six frequently misused opioids for 2019 by an average ten percent as compared to the 2018 amount. The Notice of Proposed Rulemaking (NPRM) marks the third straight year of proposed reductions, which help reduce the amount of drugs potentially diverted for trafficking and used to facilitate addiction.
On July 11, 2018, the Justice Department announced that DEA was issuing a final rule amending its regulations to improve the agency’s ability consider the likelihood of whether a drug can be diverted for abuse when it sets annual opioid production limits. The final rule also promotes greater involvement from state attorneys general, and today’s proposed reduction will be sent to those offices.
In setting the aggregate production quote (APQ), DEA considers data from many sources, including estimates of the legitimate medical need from the Food and Drug Administration; estimates of retail consumption based on prescriptions dispensed; manufacturers’ disposition history and forecasts; data from DEA’s own internal system for tracking controlled substance transactions; and past quota histories.
The DEA has proposed to reduce more commonly prescribed schedule II opioids, including oxycodone, hydrocodone, oxymorphone, hydromorphone, morphine, and fentanyl.
Ultimately, revised limits will encourage vigilance on the part of opioid manufacturers, help DEA respond to the changing drug threat environment, and protect the American people from potential addictive drugs while ensuring that the country has enough opioids for legitimate medical, scientific, research, and industrial needs.
"The opioid epidemic that we are facing today is the worst drug crisis in American history," Attorney General Jeff Sessions said. "President Trump has set the ambitious goal of reducing opioid prescription rates by one-third in three years. We embrace that goal and are resolutely committed to reaching it. According to the National Prescription Audit, we have already made significant progress in reducing prescription rates over the past year. Cutting opioid production quotas by an average of ten percent next year will help us continue that progress and make it harder to divert these drugs for abuse. The American people can be confident that federal law enforcement and the Trump administration are taking action to protect them from dangerous drugs. These smarter limits bring us one big step closer to President Trump's goal of finally ending this unprecedented crisis. I congratulate Acting Administrator Uttam Dhillon and his team for taking action.”
“We’ve lost too many lives to the opioid epidemic and families and communities suffer tragic consequences every day,” said DEA Acting Administrator Uttam Dhillon. “This significant drop in prescriptions by doctors and DEA’s production quota adjustment will continue to reduce the amount of drugs available for illicit diversion and abuse while ensuring that patients will continue to have access to proper medicine.”
“We enthusiastically support DOJ-DEA proposal to reduce manufacturing quotas for the most-frequently misused opioids,” stated U.S. Attorney Scott W. Brady of the Western District of Pennsylvania. “From prosecuting doctors who illegally divert prescription opioids, to disrupting online Darknet marketplaces selling fentanyl, to aggressively prosecuting drug trafficking organizations, our office is mobilizing all available resources to fight the opioid epidemic. DOJ-DEA’s action today is a critical step in ensuring that prescription opioids are not diverted and misused, as we combat the worst drug crisis in our nation’s history.”
Once the aggregate quota is set, DEA allocates individual manufacturing and procurement quotas to those manufacturers that apply for them. DEA may revise a company’s quota at any time during the year if change is warranted due to increased or decreased sales or exports, new manufacturers entering the market, new product development, or product recalls.
When Congress passed the Controlled Substances Act, the quota system was intended to reduce or eliminate diversion from “legitimate channels of trade” by controlling the quantities of the basic ingredients needed for the manufacture of controlled substances.
The Proposed Aggregate Production Quotas for schedule I and II controlled substances published in the Federal Register reflects the total amount of controlled substances necessary to meet the country’s medical, scientific, research, industrial, and export needs for the year and for the establishment and maintenance of reserve stocks. DEA establishes an APQ for more than 250 schedule I and II controlled substances annually.
In 2016, the Centers for Disease Control and Prevention issued guidelines to practitioners recommending a reduction in the prescribing of opioid medications for chronic pain. DEA and its federal partners have increased efforts in the last several years to educate practitioners, pharmacists, manufacturers, distributors, and the public about the dangers associated with the misuse of opioid medications and the importance of proper prescribing.
Two “Rip Crew” Affiliates Head to PrisonRead the Press Release
McALLEN, Texas – Two additional defendants involved with a rip crew responsible for multiple home invasions and carjackings to steal narcotics in Hidalgo County have been ordered to federal prison, announced U.S. Attorney Ryan K. Patrick. Danny Cano, 31, Mission, pleaded guilty to possessing with the intent to distribute more than 500 grams of cocaine, while Marlyn Gonzalez 39, also of Mission, admitted to conspiring to possess with the intent to distribute more than five kilograms of cocaine.
Today, U.S. District Judge Micaela Alvarez ordered Cano to serve 108 months in prison. Gonzalez received a 50-month-term of imprisonment. Cano and Gonzalez were further ordered to serve four and three years, respectfully, following their prison terms. The court considered the offense and stated that the serious conduct was attributable to greed and a lot of people willing to do anything for money. Judge Alvarez also stated that people in a home and residents in a neighborhood, even those involved in criminal activity themselves, should not be the target of home invasions but rather face justice through the judicial system in place. In particular, the court noted Cano’s involvement in brokering a transaction involving 20 kilograms of cocaine in February 2017 and Gonzalez’s role as a lookout during a February 2016 armed home invasion in Hidalgo involving the theft of more than 10 kilograms of cocaine.
Others who have also pleaded guilty in the conspiracy and are pending sentencing including Antonio Javier Gomez aka “Little T,” 28, Arturo Vargas aka “Petu” or Cholo,” 35, Francisco Javier Montemayor aka “Fat Boy” or “el Fat” or “Rambo,” 31, and Roberto Lee Rodriguez aka “el Tio” or “Pica,” 39, all of Mission; Mexican nationals Miguel Marin Cerda aka “Tigre,” 30, Jose Garcia-De La Torre aka “Coco,” 22, Carlos Guadalupe Aquino-Pacheco aka “Tomy,” 20, Alfredo Avalos-Sanchez aka “Chore,” 26, Gustavo Angel DeLeon-Covarrubias aka “Tripa,” 19, Jose Arturo Reyes-Sanchez aka “Gordo,” 19; and Cesar Alejandro Tovar-Guillen aka “Nucho” or “el Sobrino,” 31; and Juan Antonio Flores, 27, of Weslaco.
Cano and Gonzalez will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI Safe Streets Task Force and Drug Enforcement Administration conducted the investigation with the assistance of Border Patrol, Immigrations and Customs Enforcement’s Homeland Security Investigations, Hidalgo County Sheriff’s Office, Texas Department of Public Safety Regional Crime Lab and police departments in McAllen, Pharr, San Juan, Mission and Palmview. Assistant U.S. Attorneys Roberto Lopez Jr. and K. Alejandra Andrade prosecuted the case.
Two Union Officials Charged with Labor Extortion ConspiracyRead the Press Release
WASHINGTON - Two Indiana men are charged with labor-related extortion offenses in a three-count Indictment unsealed today, announced Assistant Attorney General Brian A. Benczkowski for the Justice Department’s Criminal Division, U.S. Attorney Thomas L. Kirsch II for the Northern District of Indiana, Special Agent in Charge James Vanderberg of the U.S. Department of Labor Office of Inspector General’s Chicago Regional Office and Special Agent in Charge Grant Mendenhall of the FBI’s Indianapolis Field Office.
Thomas R. Williamson, 67, of Schererville, Indiana and Jeffrey R. Veach, 55, of Portage, Indiana, were arrested earlier today and each charged in a three-count indictment filed in the Northern District of Indiana with one count of Hobbs Act Extortion Conspiracy and two counts of Attempted Hobbs Act Extortion. Williamson and Veach had their initial court appearances and arraignment earlier today before U.S. Magistrate Judge John E. Martin for the Northern District of Indiana and were released on $20,000 unsecured bond.
According to the indictment, Williamson and Veach used threats of violence and actual violence against non-union ironworkers in the course of their extortion plot. The defendants allegedly sought to extort a labor contract from “John Doe #1,” who owned a steelworking company, and a business contract from “John Doe #2,” who owned a construction company.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the Department of Labor Office of Inspector General and the FBI with the assistance of the Dyer Indiana Police Department. Trial Attorneys Conor Mulroe and Robert Tully of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case with the assistance of the U.S. Attorney’s Office for the Northern District of Indiana.
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Two Union Officials Charged with Labor Extortion ConspiracyRead the Press Release
Two Indiana men are charged with labor-related extortion offenses in a three-count Indictment unsealed today, announced Assistant Attorney General Brian A. Benczkowski for the Justice Department’s Criminal Division, U.S. Attorney Thomas L. Kirsch II for the Northern District of Indiana, Special Agent in Charge James Vanderberg of the U.S. Department of Labor Office of Inspector General’s Chicago Regional Office and Special Agent in Charge Grant Mendenhall of the FBI’s Indianapolis Field Office.
Thomas R. Williamson, 67, of Schererville, Indiana and Jeffrey R. Veach, 55, of Portage, Indiana, were arrested earlier today and each charged in a three-count indictment filed in the Northern District of Indiana with one count of Hobbs Act Extortion Conspiracy and two counts of Attempted Hobbs Act Extortion. Williamson and Veach had their initial court appearances and arraignment earlier today before U.S. Magistrate Judge John E. Martin for the Northern District of Indiana and were released on $20,000 unsecured bond.
According to the indictment, Williamson and Veach used threats of violence and actual violence against non-union ironworkers in the course of their extortion plot. The defendants allegedly sought to extort a labor contract from “John Doe #1,” who owned a steelworking company, and a business contract from “John Doe #2,” who owned a construction company.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the Department of Labor Office of Inspector General and the FBI with the assistance of the Dyer Indiana Police Department. Trial Attorneys Conor Mulroe and Robert Tully of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case with the assistance of the U.S. Attorney’s Office for the Northern District of Indiana.
Two Sentenced for Their Roles in an Opioid Overdose DeathRead the Press Release
United States Attorney Trent Shores announced the sentencing of Jennifer Elizabeth Boyce and Christina Ann Dempsey for their participation in a conspiracy to distribute oxycodone resulting in death. Today, United States District Judge John E. Dowdell sentenced Christina Ann Dempsey to eight years imprisonment for her role in supplying 80mg oxycodone pills (Oxy80s) to Boyce, who then sold the Oxy80s to customers for profit. Yesterday, Judge Dowdell sentenced Boyce to ten years imprisonment for her role in selling the Oxy80s she received from Dempsey to Jennifer Blake McNulty, who subsequently overdosed and died on October 24, 2014.
Both Dempsey and Boyce accepted responsibility, cooperated fully in the federal investigation, and provided sworn testimony against themselves and others before the filing of federal charges. The third conspirator is Michael Allen Miers, whose case is still pending before Judge Dowdell.
U.S. Attorney Shores stated, “Attorney General Jeff Sessions directed United States Attorneys to consider every lawful tool at our disposal to combat the deadly opioid epidemic. We have taken that direction to heart by using all available criminal and civil remedies to stop opioid abuse and distribution in the Northern District of Oklahoma. We are pleased with the sentences in these cases. Illegal opioid distributors must be held accountable in courts of law. It is a matter of saving lives.”
In commenting about the extent of the opioid epidemic nationwide, U.S. Attorney Shores recounted the staggering statistics:
- Since 2009, drug overdose deaths have outpaced traffic accidents as the leading cause of injury death in the United States.
- Nearly 64,000 Americans died of drug overdoses in 2016–more drug related deaths in one year when compared to total number of combat losses during the entire Vietnam War.
- Emergency Department visits for opioid overdoses rose 30% in all parts of the country from July of 2016 through September of 2017.
- Life expectancy in the United States dropped for two years in a row after more than a century of steady progress.
- The number of children admitted to hospitals for opioid overdose has nearly doubled since 2004, according to a study recently published in the journal Pediatrics.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Pryor Police Department, and the Mayes County District Attorney’s Office investigated the case. Assistant U.S. Attorney Timothy L. Faerber, the Deputy Chief of the Criminal Division, and Brian Surber, the First Assistant District Attorney for Mayes County and a Special Assistant U.S. Attorney, prosecuted the case.
U.S. Attorney Shores observed, “Collaborative law enforcement is good law enforcement. I want to express my deep appreciation and profound thanks to all the women and men of law enforcement–federal, state, and local–for working together on this investigation. The Mayes County District Attorney’s Office has also been a great partner. The work they did on this case was essential.”
Two Georgia Residents Charged with Targeting Individuals in Business Email Compromise SchemesRead the Press Release
SALT LAKE CITY – Trial dates have been scheduled in U.S. District Court in Salt Lake City for two individuals charged in a five-count indictment in connection with an alleged Business Email Compromise (BEC) scheme. Charges include conspiracy to commit bank fraud by opening bank accounts under false identities in order to receive criminal proceeds generated by impersonating the officers of businesses and directing employees to wire money into the fraudulently opened accounts.
Saheed Yusuf, age 32, of Atlanta, and a co-defendant, Vanisha Wright Matthis, age 46, also of Atlanta, were charged in June by federal prosecutors in Utah as a part of a coordinated national enforcement operation targeting thousands of individuals now facing federal charges for alleged BEC schemes.
U.S. Attorney for Utah John W. Huber, FBI Special Agent in Charge of the FBI Salt Lake Field Office Eric Barnhart, and Utah Department of Public Safety Commission Keith Squires announced the Utah indictment, which was unsealed Friday.
An FBI Cyber Task Force Officer from the Utah Department of Public Safety investigated the case and located the alleged defendants in the case.
U.S. Marshals returned Yusuf to Utah following his arrest in Lithonia, Georgia, on July 6, 2018. He arrived in Utah last week. He appeared Friday before U.S. Magistrate Judge Paul M. Warner. He entered pleas of not guilty to the charges. A four-day jury trial was set for Oct. 16, 2018, before U.S. District Judge Robert J. Shelby. Federal prosecutors requested Yusuf be detained pending trial and Magistrate Warner ordered him to remain in custody.
Matthis had an initial appearance on the indictment in late June and entered pleas of not guilty to the charges in the indictment. She is not in custody. A two-week trial has been set for Sept. 14, 2018, before U.S. District Judge Robert J. Shelby.
Yusuf and Matthis are charged with conspiracy to commit bank fraud, two counts of wire fraud, aggravated identity theft and money laundering.
“These scammers target victims by convincing them to transfer money to bank accounts they control. Often the scheme is facilitated by impersonating a key employee or business partner. Employees of the business think they are responding to a request from a company leader and transfer the funds to what turns out to be a shell bank account,” Huber said. “The U.S. Attorney’s Office in Utah and our local and federal partners will continue to focus on this cyber-enabled financial fraud,” Huber said.“Perpetrators of business email compromise schemes manipulate and exploit trusting individuals who believe they are conducting legitimate business. The result can be devastating not only financially but emotionally. The sophistication and evolving nature of these scams mean businesses should have increased awareness and prevention efforts in place. If you’ve believe you’ve fallen victim to a BEC scam, contact your financial institution and local FBI immediately and file a complaint with www.ic3.gov,” Eric Barnhart, Special Agent in Charge of the FBI Salt Lake City Field Office said.
"The Department of Public Safety and its agents are committed to protecting Utah business owners and will go after cyber criminals wherever they might be," said Commissioner Squires said today. "We value the partnership we have with the FBI to work as one in this fight against cybercrime."
According to the indictment, the defendants and their co-conspirators opened at least two bank accounts under the name of a business called Allied Logistics Group Inc., using false business names to disguise their identities and make it seem like a legitimate business rather than a shell company used to commit fraud.
With the accounts established, the defendants sent dozens of emails to businesses in the United States and the United Kingdom using the names of business executives without their knowledge or authorization. The apparent purpose of these emails, the indictment alleges, was to engage with employees of these businesses and give them wire instructions to wire the company’s funds.
For example, on July 11, 2016, the defendants and their co-conspirators sent a series of email communications to a business in Utah, purporting to be a corporate officer whose initials are “B.B.” and using his name with the email address [email protected]. At about 9:06 a.m., the defendants sent an email using the name of the real person with the initials B.B., who was an officer of the company, with wire instructions for one of the Allied Logistics Group Inc. Bank accounts, and directed an employee of the victim business to send $58,000 from the business’s Utah account to the defendants’ account. At about 4:50 p.m. that same day, the wire of $58,000 was completed as requested by the defendants and was received by the bank account they had created for that purpose. Later that day, the defendants started moving money out of the account through transfers and subsequent withdrawals. After the successful completion of the fraud against the Utah business, the bank accounts created for Allied Logistics Group Inc. were closed.
Indictments are not findings of guilt. Individuals charged in indictments are presumed innocent unless or until proven guilty in court. The potential maximum charges for the charges in the indictment are 30 years for conspiracy to commit bank fraud; 20 years for the wire fraud and money laundering counts; and a two-year mandatory minimum for the aggravated identity theft count, which would run consecutive to any other sentence.
The national operation was funded and coordinated by the FBI. Private sector partners, including Symantec, provided significant assistance to the FBI Salt Lake City Cyber Task Force investigating BEC cases.
Two Charged with "Fishing" Mail from Postal Service Collection Boxes, Bank FraudRead the Press Release
PROVIDENCE, RI – Two Providence men have been charged in federal court in Providence with theft by “fishing” mail from enclosed United States Postal Service collection boxes and bank fraud.
“Fishing” is a term which describes of obtaining items, as in these alleged incidents from U.S. Postal Service collection boxes, by utilizing common items such as plastic water bottles, duct tape, glue, and string. A device covered in a sticky substance such as glue is lowered into the closed box, and mail that adhered to the sticky surface of the device is pulled out and retrieved.
It is alleged in court documents that the two men, and others working at their direction, deposited in area banks stolen checks obtained as the result of “fishing” Postal Service collection boxes. The funds from the stolen checks were later withdrawn from ATMs and through the use of debit cards.
Gerald Reinoso-Pichardo, 22, and Emmanuel Jose Torres, 18, have been charged by way of federal criminal complaints with theft or receipt of stolen mail, conspiracy to commit bank fraud, and bank fraud, announced United States Attorney Stephen G. Dambruch, Raymond D. Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service, Boston Division, and Stephen Marks, Special Agent in Charge of the U.S. Secret Service.
The two men were released on unsecured bond at initial appearances in U.S. District Court before U.S. District Court Magistrate Judge Lincoln D. Almond.
According to court documents, in September 2017, U.S. Postal Service Inspectors initiated an investigation into the theft of mail from collection boxes outside of the Elmwood Station Post Office. The investigation began when a local businessman reported that numerous checks drawn on his business bank accounts and deposited into U.S. Postal Service collection boxes outside the Elmwood Station Post Office were never received by the intendent recipients.
The investigation determined that the businessman mailed 77 checks valued at a total of approximately $195,000. Thirty-two of the checks were found to have been fraudulently negotiated and deposited into bank accounts at various banks. The bank accounts were quickly drawn down through the use of debit cards and/or by withdrawing cash from ATMs.
As the investigation expanded, U.S. Postal Inspectors learned that numerous checks and other mail deposited into U.S. Postal Service collection boxes at locations around Providence and Pawtucket did not reach their intended recipients. Postal Service Inspectors determined that many of the missing checks that had been placed in Postal Service collection boxes were found to have been fraudulently endorsed, deposited into bank accounts, and the cash withdrawn from ATMs or through the use of debit cards.
As part of the investigation, U.S. Postal Inspectors installed surveillance cameras outside of the Elmwood Station and Washington Park Post Offices, focused on collection boxes. Surveillance video showed several individuals allegedly “fishing” the mailboxes, often times in the early morning hours. Among those identified by U.S. Postal Service Inspectors were Gerald Reinoso-Pichardo and Emmanuel Jose Torres.
A criminal complaint is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The case is being prosecuted by Assistant U.S. Attorney Ly T. Chin.
The matter was investigated by the United States Postal Inspection Service and the United States Secret Service, with the assistance of the East Providence, Providence and Seekonk Police Departments.
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Three people indicted in federal court for drug trafficking in Lorain County, the latest charges in a coordinated, cooperative law enforcement effort targeting opioid distribution thereRead the Press Release
Three people were indicted in federal court for drug trafficking in Lorain County, the latest charges in a coordinated, cooperative law enforcement effort targeting opioid distribution there.
Indicted are Doyal Cannon, 33, of Elyria, Aaron Matthews, 35, of Lorain, and Ramon Collins, 36, of Cleveland.
Cannon was indicted on charges of possession with the intent to distribute heroin, fentanyl and cocaine, as well as firearms charges.
Cannon on June 13 had more than two grams of a mixture of fentanyl and heroin and seven grams of cocaine.
He also had a Glock .40-caliber handgun and ammunition, despite prior convictions that made it illegal for him to have a firearm, including cocaine trafficking, being a felon in possession of a firearm and other crimes. Cannon was on supervised release from a previous federal firearm conviction on June 13, according to court documents.
Matthews was indicted on 11 counts related to the distribution of heroin, fentanyl, 3-Methylfentanyl and/or cocaine, as well as two firearms counts.
Matthews possessed a Kel-Tec 9 mm Luger pistol and ammunition on Dec. 13, 2017, in relation to his drug trafficking activities. It was also illegal for Matthews to have a firearm because of his prior drug and firearms convictions, according to court documents.
Collins was indicted on charges of distribution of fentanyl and distribution of heroin and fentanyl.
Collins on July 17 possessed nearly seven grams of femtanyl. Four days later, he possessed nearly 29 grams of a mixture of been heroin and fentanyl, according to court documents.
“These indictments, along with our activities of the past month, should make it clear that Lorain County is closed for business when it comes to drug trafficking,” U.S. Attorney Justin Herdman said. “Many of these defendants are dangerous because they illegally have firearms while selling opioids and other drugs that have caused so much death and destruction in our community. All of our law enforcement partners are working together to stem the flow of these drugs into our neighborhoods – if you sell opioids in Lorain County, you are facing federal prison time.”
Elyria Police Chief Duane Whitely said: “The Elyria Police Department is grateful for the outstanding working relationship we share with the U.S. Attorney’s Office. Officers from our department investigated several drug complaints and were able to build a case and arrest several drug dealers. The U.S. Attorney’s Office took the cases and received indictments on all of them. I look forward to working together to take many more drug dealers off the streets of Elyria.”
Operation S.O.S. was announced last month by Attorney General Jeff Sessions and U.S. Attorney Justin E. Herdman. Since then, numerous individuals have been charged or indicted in federal court. Among them:
Kenneth Ward has been charged in a multiple count indictment with various drug distribution counts, including the sale of heroin, fentanyl and cocaine.
Christopher Robinson Jr.: has been indicted in a multiple count indictment with various drug distribution counts, including the sale of heroin and fentanyl.
Dennis A. Smith has been indicted on multiple counts of drug distribution, including the sale of heroin and fentanyl.
Ronald Johnson Jr. has been indicted for distributing heroin.
Dwayne Taylor has been charged with distribution of heroin and fentanyl. At the time of Taylor’s arrest he possessed a firearm and ammunition.
Christopher D. Chapman has been indicted on charges of distribution of N-Methyl Norfentanyl and cocaine.
Todd Colema has been charged with distribution of cocaine and fentanyl.
These cases are being prosecuted by the Elyria Police Department, DEA, Lorain County Drug Task Force, Lorain County HIDTA, Lorain Police Department and FBI. They are being prosecuted by Assistant U.S. Attorneys Robert F. Corts and Vasile Katsaros.
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. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Three More Florida Residents Sentenced in $6,000,000 Investment FraudRead the Press Release
DENVER – Steven Dykes, age 61, of Fort Lauderdale, Florida, Pasquale Rubbo, age 51, of Coral Springs, Florida, and Angela Monaco, age 45, of Coconut Creek, Florida, were sentenced today by U.S. District Court Judge R. Brooke Jackson for their role in a six-million-dollar investment fraud. The sentences were announced by U.S. Attorney Bob Troyer, Federal Bureau of Investigation Denver Division Special Agent in Charge Calvin Shivers, and the Internal Revenue Service – Criminal Investigation Special Agent in Charge Steven Osborne. U.S. District Court Judge R. Brooke Jackson sentenced Steven Dykes to 108 months imprisonment, Pasquale Rubbo to 106 months imprisonment, and Angela Monaco to 74 months imprisonment. Each of the defendants previously pled guilty to conspiracy to commit fraud and money laundering.
According to court documents, including the stipulated facts contained in the defendants’ plea agreements, from December 2012 to November 2017, along with two other, engaged in a conspiracy to defraud more than thirty mostly elderly investors, including two investors in Colorado, of more than $6,000,000 in an investment fraud scheme. The investment fraud scheme focused on a television production company based in South Florida, VIP Television, LLC, as well as a cleaning product, the “Scrubbieglove,” which was also patented in Florida. Investors sent money to both of these companies as a result of false statements about VIP Television’s merger opportunities and interest in the Scrubbieglove by entities such as QVC, Walgreens, and Bed, Bath & Beyond. All of the defendants except Monaco had previous convictions for similar criminal activity.
Two other members of the conspiracy, Joseph Rubbo and Nicolas Rubbo were previously sentenced in a related case in United States District Court for the District of Colorado to 60 months and 48 months of imprisonment, respectively.“These defendants cheated vulnerable, elderly Coloradans and others out of their hard-earned money. Now they get what they deserve,” said U.S. Attorney Bob Troyer.
“The FBI will continue to work with our law enforcement partners and the United States Attorney’s Office to protect our citizens from those who engage in complex white-collar fraud schemes," said FBI Denver Special Agent in Charge Calvin Shivers. “Today’s sentencing of Steven Dykes, Pasquale Rubbo, and Angela Monaco should send a strong message the FBI will hold those who exploit innocent investors for personal gain accountable for their actions.”
“Investment fraud has brought ruin to many Americans” said IRS Criminal Investigation Special Agent in Charge Steven Osborne. “IRS Criminal Investigation is committed to partnering with other law enforcement agencies to stop financial crimes being committed by people such as Monaco and the Rubbos, and today’s sentence is a reflection of that commitment.”
The case was investigated by the FBI and IRS-CI. The defendants are being prosecuted by Assistant United States Attorneys Hetal J. Doshi and Matthew T. Kirsch.
Texas Man Sentenced to More Than Ten Years in Prison for Possessing over Thirty Kilograms of CocaineRead the Press Release
Gulfport, Miss. – Mario Guadalupe Pecina, 44, of San Antonio, Texas, was sentenced today by U.S. District Judge Sul Ozerden to 123 months in federal prison, followed by 5 years of supervised release, for possession with intent to distribute 5 kilograms or more of cocaine, announced U.S. Attorney Mike Hurst and Special Agent in Charge Jere T. Miles with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in New Orleans. Pecina was also ordered to pay a $7,500 fine.
On January 11, 2018, a United States Border Patrol officer stopped Pecina for committing a traffic violation while traveling on Interstate 10 in Harrison County, Mississippi. During the stop, the officer learned that Pecina was previously arrested for smuggling cocaine in 2009. While speaking with the officer, Pecina began displaying signs of nervous behavior. Pecina consented to a search of the vehicle, and upon searching, the officer located 31 kilograms of cocaine concealed within the door and rear hatch panels of the vehicle. Pecina pled guilty on May 9, 2018.
Pecina was also revoked and sentenced to 30 months for violating the terms of the court imposed supervised release from his 2009 conviction for smuggling 9 kilograms of cocaine. The sentences will run consecutive for a total of 153 months in prison.
The case was investigated by Homeland Security Investigations and the United States Border Patrol. It was prosecuted by Assistant U.S. Attorney Kathlyn R. Van Buskirk.
Texas Man Pleads Guilty to Transporting Illegal Aliens from Mexico with Cousin from Pickaway CountyRead the Press Release
COLUMBUS, Ohio – A second defendant has pleaded guilty to unlawfully transporting illegal aliens, primarily Mexican citizens, within the United States.
Robert G. Smith, 58, of Natalia, Texas, pleaded guilty today, and his cousin, Bromley D. Hackney, 57, of Ashville, Ohio, pleaded guilty in January.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Steve Francis, Special Agent in Charge, U.S. Homeland Security Investigations (HSI), Ohio State Highway Patrol Superintendent Col. Paul A. Pride and officials with U.S. Border Patrol announced the plea entered into before U.S. District Judge Michael H. Watson.
According to an affidavit filed in support of the Criminal Complaint charging Smith, in October 2016, HSI agents received information from the Ohio State Highway Patrol regarding the suspected unlawful transportation of aliens. The source alleged that Hackney was using a semi-truck to move undocumented aliens within the United States for profit.
In December 2016, Hackney was stopped at a Border Patrol checkpoint near Laredo, Texas and agents found four undocumented aliens attempting to conceal themselves in hidden compartments in the cabin of the freight box truck. All of the individuals were taken into custody and later released.
Hackney agreed to be interviewed by investigators in Ohio in March 2017 and said he “knew that this day would come” and was going to go to a Border Patrol station soon to inquire about a possible investigation involving him. He admitted that he unlawfully transported aliens, which he and Smith began to do during the year 2011.
Smith, who was interviewed in June 2017, told investigators he would arrange transports, which he did approximately four times per week. He earned at least $2,000 per week coordinating the transactions.
Smith unlawfully transported aliens at least 72 times from 2011 through 2016 and transported four individuals each time. At first, he charged $800 per person and after the first two years increased the cost to $1,000 per person. The total amount of proceeds from the offense was nearly $269,000.
Transportation of an alien within the United States is a federal crime punishable by up to five years in prison.
U.S. Attorney Glassman commended the investigation of this case by the HSI, Ohio State Highway Patrol and U.S. Border Patrol, as well as Assistant United States Attorney Timothy D. Prichard, who is the District’s Immigration and Border Security Coordinator and who is representing the United States in this case.
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Stow man indicted on methamphetamine chargesRead the Press Release
A Stow man was indicted for on charges of possession with intent to distribute methamphetamine.
Jusean Foster, 30, possessed at least 50 grams of methamphetamine on June 5, according to the indictment.
This case is being prosecuted by Assistant U.S. Attorney David M. Toepfer following an investigation by the Portage County Drug Task Force, the Portage County Sheriff’s Office and the Drug Enforcement Administration.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
An indictment is 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.
Statement of Attorney General Jeff Sessions on State of Washington v. U.S. Department of StateRead the Press Release
The Department of Justice yesterday filed a brief in opposition to a preliminary injunction in the State of Washington v. U.S. Department of State, a case about 3D printed guns.
After the filing, Attorney General Jeff Sessions issued the following statement:
"Under federal law, it is illegal to manufacture or possess plastic firearms that are undetectable. Violation of this law is punishable by up to five years in prison. Such firearms present a significant risk to public safety, and the Department of Justice will use every available tool to vigorously enforce this prohibition. We will work with federal, state and local law enforcement to identify any possible cases for prosecution.
"We will not stand for the evasion, especially the flouting, of current law and will take action to ensure that individuals who violate the law by making plastic firearms and rendering them undetectable, will be prosecuted to the fullest extent."
Please find the Justice Department's brief here.
St. Croix Woman Sentenced to 12 Months in Tax Fraud SchemeRead the Press Release
St. Croix, USVI – Indica Greenidge, 27, of St. Croix, was sentenced on Wednesday, August 15, 2018, before District Court Chief Judge Wilma A. Lewis to 12 months’ imprisonment for her conviction of conspiracy to defraud the United States, United States Attorney Gretchen C.F. Shappert announced. Judge Lewis also sentenced Greenidge to 3 years of supervised release, $75,171 in restitution, and a $100 special assessment.
According to the plea agreement filed with the court, from September 2011 to July 2012, Greenidge and others participated in a scheme to steal money from the United States treasury by fraudulently obtaining federal income tax refunds. The scheme involved the acquisition of personal identifying information used to electronically file falsified tax returns for tax years 2010 and 2011. Specifically, with Greenidge’s knowledge, her co-conspirators filed tax returns in individuals’ true names and actual social security numbers and dates of birth but falsified the individuals’ income earned, tax withholding amounts, credits, and other information, and thereby claimed refunds to which they were not entitled. The co-conspirators designated bank accounts for receipt of the refunds, which Greenidge and her co-conspirators then withdrew and spent for personal use. As a result of the scheme, $77,767 was designated to Greenidge’s bank account, of which $75,171 was actually deposited therein.
The case was investigated by the Internal Revenue Service, Criminal Investigations, and is being prosecuted by Assistant U.S. Attorneys Meredith J. Edwards and Alphonso Andrews, Jr.
Southern Indiana Man Sentenced to 10 years for Seeking Sex with MinorRead the Press Release
LOUISVILLE, Ky. – United States District Court Judge David Hale sentenced Donald L. Martin, of Floyds Knobs, Indiana to federal prison for 10 years for seeking sex with a minor and traveling with intent to engage in illicit sexual conduct, today announced United States Attorney Russell M. Coleman.
“We will protect our kids,” stated US Attorney Russell Coleman. “Predators of this nature should seek professional help or seek a defense lawyer as we will pursue them with every legal weapon in our arsenal.”
Martin, age 69, was arrested on September 2, 2017 at Pope Lick Park in Jefferson County, Kentucky where he had traveled with the intent of having sex with a 15-year old female he believed to be communicating with; Martin was actually communicating with cyber investigators working for the Kentucky Office of the Attorney General, Department of Criminal Investigations. Undercover investigators conducted a two-week investigation into Martin who sent sexually explicit text messages and emails to cyber investigators. At the time of Martin’s arrest he was in possession of sexual paraphernalia, generic Viagra, an empty packet of Cialis, an over-the-counter medication for male sexual performance enhancement, along with a handgun.
At trial, a jury found Martin guilty of Attempted Enticement and Traveling with Intent to Engage in Illicit Sexual Conduct.
This case was prosecuted by Assistant United States Attorney Spencer McKiness and Jo E. Lawless, and was investigated by the Kentucky Office of the Attorney General, Department of Criminal Investigations, with assistance from the Louisville Metro Police Department and United States Secret Service.
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This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.
Solano County Man Sentenced to 5 Years in Prison for Being a Felon in Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — Jerry Lyle Andrews Jr., 35, of Vallejo, was sentenced today by U.S. District Judge Morrison C. England Jr., to five years in prison for being a felon in possession a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, on July 26, 2017, law enforcement officers executed a search warrant at Andrews’ home in Vallejo and at a hotel in Fairfield where Andrews was staying. When officers arrived at the hotel parking lot, they confronted Andrews, who discarded a .40‑caliber semi-automatic handgun under a car before he was arrested. The gun was loaded with 12 rounds of ammunition, including seven rounds of hollow point ammunition. Andrews cannot lawfully possess firearms because he has previously been convicted of felony offenses, including a January 2016 conviction in Solano County for assault with a firearm on a police officer.
This case was the product of an investigation by the Vacaville Police Department, the Fairfield Police Department, and the Federal Bureau of Investigation’s Solano County Violent Crimes Task Force.
This case was brought as a 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 of Justice’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.
Sixteen Individuals, Including Several Members of the Pagans Motorcycle Club, Charged for Conspiring to Distribute MethamphetamineRead the Press Release
Orlando, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of three indictments charging the following individuals with the listed federal criminal violations:
Indictment One
Name
Age/City
Charge
Barbara Caylor-Hernandez, a/k/a Barb, a/k/a Barbie
47, Ormond Beach, FL
Conspiracy to distribute 50 grams or more of methamphetamine
Ramiro Fraire-Chavarria
44, Dalton, GA
Conspiracy to distribute 50 grams or more of methamphetamine
Michael Babin
47, Daytona Beach, FL
Conspiracy to distribute 50 grams or more of methamphetamine
Melanie Kerr
28, Daytona Beach, FL
Conspiracy to distribute 50 grams or more of methamphetamine
Keith Simmons
41, Oak Hill, FL
Conspiracy to distribute 50 grams or more of methamphetamine;
and distribution of 50 or more grams of methamphetamine
Carla Ray
51, Oak Hill, FL
Conspiracy to distribute 50 grams or more of methamphetamine
Spencer Burkard
49, New Smyrna Beach, FL
Conspiracy to distribute 50 grams or more of methamphetamine; and distribution of 50 or more grams of methamphetamine
Robert Foster
37, St. Augustine, FL
Conspiracy to distribute 50 grams or more of methamphetamine; and distribution of 50 or more grams of methamphetamine
Daniel Barbarino
54, Daytona Beach, FL
Conspiracy to distribute 50 grams or more of methamphetamine
Andrew Shettler, a/k/a “Yeti”
33, Palm Coast, FL
Conspiracy to distribute 50 grams or more of methamphetamine
Brian Burt, a/k/a “Sledge”
47, Port Orange, FL
Conspiracy to distribute 50 grams or more of methamphetamine
Lawrence Sann
55, Bunnell, FL
Conspiracy to distribute 5 grams or more of methamphetamine
Indictment Two
Name
Age/City
Charge
Keith Kirchoff
40, Key West, FL
Conspiracy to distribute 50 grams or more of methamphetamine; use and carry of a firearm in relation to, and possession of a firearm in furtherance of, a drug trafficking crime
Andrew Shettler, a/k/a “Yeti”
33, Palm Coast, FL
Conspiracy to distribute 50 grams or more of methamphetamine
Michael Andrews, a/k/a “Clutch”
33, Palm Coast, FL
Conspiracy to distribute 50 grams or more of methamphetamine
Indictment Three
Name
Age/City
Charge
Cindy Bledsoe
30, Daytona Beach, FL
Conspiracy to distribute 50 grams or more of methamphetamine; and distribution of more than five grams of methamphetamine
Jason Stringer
38, Daytona Beach, FL
Conspiracy to distribute 5 grams or more of methamphetamine; and distribution of more than five grams of methamphetamine
Michael Andrews, a/k/a “Clutch”
33, Palm Coast, FL
Conspiracy to distribute 50 grams or more of methamphetamine
If convicted on all counts, Kirchoff, Andrews, Shettler, Bledsoe, Caylor-Hernandez, Fraire-Chavarria, Babin, Kerr, Simmons, Ray, Burkard, Foster, Barbarino, and Burt each face a maximum penalty of life in federal prison. Sann and Stringer each face a maximum penalty of 40 years’ imprisonment.
According to the indictments, the defendants conspired to distribute large quantities of methamphetamine to individuals and groups in the Middle District of Florida, including to members of the Pagans Motorcycle Club, an outlaw motorcycle gang.
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 FBI, the Drug Enforcement Administration, the Volusia Bureau of Investigation, the Volusia County Sheriff’s Office, and the Daytona Beach Police Department. It will be prosecuted by Assistant United States Attorney Sean P. Shecter.
Six Previously Deported Aliens Charged with Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that six previously deported aliens were indicted separately on August 15, 2018, by a federal grand jury for illegal re-entry into the United States.
According to United States Attorney David J. Freed, Raymundo Bongomer-Moya, age 42, of Dominican Republic, was previously deported from the United States to the Dominican Republic in November 2006. He is alleged to have illegally re-entered the United States sometime after November 2006, and was found in the United States in Luzerne County, Pennsylvania after eluding examination or inspection by immigration officers.
Bongomer-Moya faces a maximum penalty of twenty years of imprisonment, a term of supervised release following imprisonment, and a fine.
Rolando Juarez-Epitacio, age 29, of Mexico, was previously deported from the United States to Mexico in June 2012, March 2013, and July 2013. He is alleged to have illegally re-entered the United States sometime after July 2013, and was found in the United States in Centre County, Pennsylvania after eluding examination or inspection by immigration officers.
Juarez-Epitacio faces a maximum penalty of ten years of imprisonment, a term of supervised release following imprisonment, and a fine.
Juan Amarillas-Espinoza, age 24, of Mexico, was previously deported from the United States to Mexico in March 2012 and February 2017. He is alleged to have illegally re-entered the United States sometime after February 2017, and was found in the United States in Lycoming County, Pennsylvania after eluding examination or inspection by immigration officers.
Hilario Garcia-Perez, age 34, of Guatemala, was previously deported from the United States to Guatemala in July 2009. He is alleged to have illegally re-entered the United States sometime after July 2009, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Ronald Gomes-Fuentes, age 30, of Honduras, was previously deported from the United States to Honduras in April 2010 and July 2014. He is alleged to have illegally re-entered the United States sometime after July 2014, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Nelson Galicia-Garcia, age 33, of El Savador, was previously deported from the United States to El Salvador in April 2014. He is alleged to have illegally re-entered the United States sometime after April 2014, and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
Under federal law, Gomes-Fuentes, Garcia-Perez, Amarillas-Espinoza, and Galicia-Garcia all face a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine.
These cases were investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Special Assistant United States Attorney Brian G. McDonnell is prosecuting the cases.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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.
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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Shreveport man pleads guilty to damaging air force property with vehicle, drunk drivingRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced that a Shreveport man pleaded guilty to driving a vehicle while intoxicated onto Barksdale Air Force Base, damaging property and fleeing authorities.
Michael Taylor Phillips, 26, of Shreveport, pleaded guilty before U.S. District Judge S. Maurice Hicks Jr. to one count of damage to property of the United States; one count of driving while intoxicated, second offense; and one count of resisting arrest. According to the guilty plea, Phillips drove his vehicle into the North Gate of Barksdale Air Force Base and struck a steel bollard in the gate’s secured area. The impact damaged the bollard, and Phillips’ vehicle continued onto the airbase before it came to a stop at the U.S. Air Force Global Strike Command Headquarters building. Phillips exited the vehicle and ran into a base residential area. He was later apprehended and detained.
Phillips faces up to 10 years in prison, at least three years of supervised release, restitution and a $250,000 fine. The court set a November 29, 2018 sentencing date.
The FBI and U.S. Air Force Office of Special Investigations conducted the investigation. Assistant U.S. Attorney Mary J. Mudrick and Special Assistant U.S. Attorney John Odom are prosecuting the case.
Shreveport felon sentenced to more than 8 years in prison for possessing pistolRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced that a Shreveport felon was sentenced Wednesday to 100 months in prison for illegal possession of a pistol.
Jamario Montreal Harris, 26, of Shreveport, was sentenced by U.S. District Judge S. Maurice Hicks Jr. on one count of possession of a firearm by a convicted felon. He was also sentenced to three years of supervised release. According to the guilty plea, law enforcement agents found Harris in possession of a .40 caliber Glock pistol on March 20, 2017. He was previously convicted of a felony and is not allowed to possess a firearm.
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 ATF and Shreveport Police Department conducted the investigation. Assistant U.S. Attorneys Tennille M. Gilreath and Mike O’Mara prosecuted the case.
Short-Videos Aimed at Educating Student Athletes, Parents and Coaches about Dangers of Opioids and Alcohol Distributed State-Wide as School Year BeginsRead the Press Release
ALBUQUERQUE – Public and education officials and community advocates held a press conference today to discuss a series of short videos entitled, “Opioids, Alcohol and Athletes,” being distributed to middle and high schools throughout New Mexico as the 2018-2019 school year begins. The videos, designed to educate student athletes, parents and coaches, about the dangers of opioids and alcohol, are a collaborative project of the Bernalillo County Department of Behavioral Health, the New Mexico Activities Association (NMAA), the New Mexico Parent Teachers Association (PTA), and Christopher Productions, LLC.
U.S. Attorney John C. Anderson hosted the press conference as part of the prevention and education component of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative to underscore the fact that New Mexico’s use of opioids, including use by teens and young adults, has become epidemic. U.S. Attorney Anderson noted that the most recent New Mexico Youth Risk and Resiliency Survey (2015) reflected that 14.3% of students in grades 9 to 12 used prescription drugs without a prescription. The Survey also reflected that 26.1% of students in grades 9 to 12 were current drinkers, with 20% having had their first drinks before age 13, and 19.7% having ridden with a drinking driver. U.S. Attorney Anderson said, “These are startling facts that parents need to be aware of as their teenagers are returning to school.”
The “Opioids, Alcohol and Athletes” Project involved teens, parents, coaches and experts in creating a DVD with seven short videos for use in presentations to student athletes, parents and coaches. Three of the videos are specifically oriented for the high school level and two for middle school level. The Project was funded by Bernalillo County Department of Behavioral Health and the videos were produced by Christopher Productions, LLC.
“Combatting the opioid epidemic is a priority for Bernalillo County, and when it comes to kids, it hits close to home for many of us,” said Bernalillo County Commissioner Maggie Hart Stebbins. “For some young athletes, the prescription pain medication they’ve been prescribed for sports injuries starts the tragic slide into opioid addiction. During the 20 years my kids were involved in organized youth sports, I never once saw anything warning players or parents about the risks associated with the prescription painkillers used in treating sports injuries. This information needs to be shared with every student athlete and every parent because it can save lives.”
Chris Schueler, President of Christopher Productions, LLC, noted that the NMAA is making copies of the DVD available to all schools involved in the Association, in addition to using the DVD in face-to-face programs that will reach youth throughout the state. Mr. Schueler also noted that the NMAA has indicated that it will be loading the videos on its website, which gets approximately 750,000 hits per year. Mr. Schueler said, “Having worked on the opioid issue for more than six years through our ‘No Exceptions’ Program, it is very encouraging to see these partners engaging youth and parents in such a significant way. The distribution of this DVD to middle and high schools throughout the state will make a difference in the battle against the disease of addiction.”
The New Mexico PTA also is distributing the DVD to each PTA in the state, and will feature the “Opioid, Alcohol and Athletes” Project during its annual conference in May 2019. Wendy Ford-Licon, President of the New Mexico PTA said, “New Mexico PTA and PTAs across the country remain steadfast in our longstanding commitment to advocate and make a difference for the education, health and well-being of all children. Parents play an essential role in the fight to eradicate this epidemic. We need to look in our medicine cabinets and see what our kids have access to. Are the medications in our homes safe, secure and necessary? Prevention starts at home and with all of us.”
The Albuquerque Public Schools (APS) already have distributed the DVD to all its high schools. “APS has provided this DVD to all athletic directors at the high school level. We hope it will open doors for candid conversations between student athletes, parents and coaches about the potential risks and dangers of substance abuse,” said Susan McKee, M.A., LPCC, Director of Counseling, APS Student, Family & Community Support Division. “The DVD also provides an avenue for the Crossroads, or substance abuse, counselors to educate student athletes, sports teams and parents.”
Jennifer Weiss-Burke and Lou Duran, Executive Director and Community Advocate, respectively, at Healing Addiction in our Community (HAC) and Serenity Mesa, participated in the press conference. Ms. Weiss-Burke and Ms. Duran both lost teenaged sons – student athletes who became addicted to prescription painkillers prescribed for sports-related injuries – to heroin overdoses in 2011. They are now dedicated to providing support, education and treatment to families and communities fighting to end substance abuse among teens and young adults.
“It is critical for high school athletes and coaches to understand how potentially addictive and dangerous opioids can be. Just because a doctor prescribed them does not mean they are safe,” said Ms. Weiss-Burke. “Education is a key part in addressing the opioid epidemic that has affected so many people in New Mexico and across the United States.”
Ms. Duran added, “We have advocated for our youth across New Mexico for the past eight years, and we have learned that it takes much more than a village to raise a child – it takes an entire community! We are thankful for the opportunity and hope that the takeaway from these videos is that education and awareness are key to keeping our youth safe, and know that addiction can happen to anyone regardless of age, race or socioeconomic status.”
Tim Sheahan, President & CEO of the Boys & Girls Club of Central New Mexico, a regular collaborator in the U.S. Attorney’s Office youth-related community outreach activities which have an anti-drug, anti-violence and anti-gang orientation, also participated in the press conference. Mr. Sheahan said, “The Boys & Girls Club uses a team approach that involves our staff, parents and community partners. We engage our members in discussion around decision-making skills, analyzing media and peer influence with the ultimate goal of promoting healthy lifestyles and encouraging responsible behavior.”
U.S. Attorney Anderson concluded the press conference by asking the media to join the partnership before them by letting the community know that the videos would be available to the public in about a week at safeteen.net.
The New Mexico HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid related deaths in New Mexico. The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.
Sentencings for August 13 - 14, 2018Read the Press Release
ETHAN TSUBASA THAO, 39, of Eureka, California was sentenced by Chief Federal District Court Judge Scott W. Skavdahl on August 13, 2018 for possession with intent to distribute marijuana. Thao was arrested in Sweetwater County, Wyoming. He received twenty-one months of imprisonment, to be followed by forty-eight months of supervised release, and ordered to pay a $100.00 special assessment. The Wyoming Highway Patrol and Wyoming Division of Criminal Investigation investigated this case.
FRANCISCO GARCIA-REYES, 24, of Mexico was sentenced by Federal District Court Judge Nancy D. Freudenthal on August 14, 2018 for unlawful possession of visas, permits, and other documents. Garcia-Reyes was arrested in Casper, Wyoming. He received time served plus ten days to allow for deportation proceedings and ordered to pay a $100.00 special assessment at the time of deportation. The Department of Homeland Security investigated this case.
Seafood Company Sentenced for Illegal Sale of Blue CrabsRead the Press Release
United States Attorney Duane A. Evans announced that SHELL BEACH SEAFOOD CO., LLC (“SHELL BEACH SEAFOOD”), a company based in St. Bernard, Louisiana, was sentenced today to a fine of $7,500.00, one-year probation and a special assessment of $125 for the illegal sale of blue crabs, in violation of the Lacey Act.
According to the Bill of Information, from on or about May 1, 2012 through March 30, 2013, SHELL BEACH SEAFOOD, did knowingly sell and transport blue crabs in interstate commerce with a market value in excess of $350 when, in the exercise of due care, SHELL BEACH SEAFOOD should have known that said blue crabs were acquired and possessed in violation of and in a manner unlawful under the laws of the State of Louisiana, specifically Louisiana Revised Statutes, R.S. 56:306.4, R.S. 56:306.5, and R.S. 56:306.6.
U.S. Attorney Evans commended the National Oceanic and Atmospheric Association and agents of the Louisiana Department of Wildlife and Fisheries, who investigated the case, and Assistant U.S. Attorney Sharan E. Lieberman, who is in charge of the prosecution.
Sacramento Man Sentenced to 20 Years in Prison for Receipt of Child PornographyRead the Press Release
SACRAMENTO, Calif. — Marc C. Turner, 44, of Sacramento, was sentenced today by U.S. District Judge Troy L. Nunley to 20 years in prison for receipt of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, law enforcement agents searched Turner’s apartment in September 2016. Review of Turner’s computer located 90 videos and 171 still images depicting the sexual abuse and exploitation of minors. At the time of the search, Turner was a registered sex offender based on a prior conviction in federal court in Sacramento for distributing child pornography.
This case was investigated by the Sacramento Internet Crimes Against Children (ICAC) Task Force, a federally and state-funded task force managed by the Sacramento Sheriff’s Department with agents from federal, state, and local agencies. The Sacramento ICAC investigates online child exploitation crimes, including child pornography, enticement, and sex trafficking. Assistant U.S. Attorney Matt Morris prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Rochester Hills Man Convicted of Sexual Abuse on an AircraftRead the Press Release
A federal jury convicted a Rochester Hills man of sexual abuse onboard an aircraft, announced United States Attorney Matthew Schneider.
Schneider was joined in the announcement by Special Agent in Charge Timothy R. Stater, Federal Bureau of Investigation, Detroit Field Division.
Convicted was Prabhu Ramamoorthy, 35. Ramamoorthy is in the United States on a work visa and will be deported once he has served his sentence.
The five-day trial was conducted before United States District Judge Terrence Berg. The jury deliberated approximately 3 1/2 hours before returning the guilty verdict.
The indictment alleged that on January 3, 2018, Ramamoorthy engaged in a sexual act with a female, while she was sleeping. At trial, the government admitted evidence demonstrating that Ramamoorthy digitally penetrated the woman sleeping next to him during an overnight flight from Las Vegas to Detroit. The sexual assault woke her up, she found her pants unbuttoned and unzipped, and she sought help from the flight attendants.
United States Attorney Matthew Schneider stated, ““Everyone has the right to be secure and safe when they travel on airplanes. We will not tolerate the behavior of anyone who takes advantage of victims who are in a vulnerable position, and we are glad the jury agreed. We appreciate the victim in this case for her courage to speak out.”
“The safety and security of all aircraft passengers is a priority for the FBI, our local and federal law enforcement partners, and airline carrier personnel,” said Timothy R. Slater, Special Agent in Charge, Detroit Divison of the FBI. “The federal conviction of Prabhu Ramamoorthy demonstrates the FBI’s commitment to hold individuals accountable for their actions on an aircraft, especially those who commit such a heinous crime. If you, or someone you know, is the victim of a crime during air travel, immediately notify a flight crew member, airport security police, and the FBI. We remain committed to working with our federal, local, and private industry partners to ensure that anyone traveling by air is afforded a safe environment.”
A sentencing date has been set for December 12, 2018. Ramamoorthy faces up to life in prison
This case was investigated by the Wayne County Metropolitan Airport Authority, and Special Agents of the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys Amanda Jawad and Maggie Smith.
Quincy Man Sentenced to 20 Years in Prison for Drug Trafficking and Gun PossessionRead the Press Release
BOSTON – A Quincy man was sentenced yesterday in federal court in Boston on drug trafficking and firearm charges.
Jonathan Andrade, 37, was sentenced by U.S. District Court Chief Judge Patti B. Saris to 20 years in prison and five years of supervised release. In January 2018, Andrade pleaded guilty to one count of possession with intent to distribute fentanyl, cocaine and cocaine base, one count of being a felon in possession of a firearm, and one count of possession of a firearm in furtherance of a drug trafficking offense.
On Sept. 15, 2017, a search warrant was executed at Andrade’s apartment in Quincy. The agents knocked on the door and announced their presence, and with no response from inside, they began forcing the door open. In the meantime, agents positioned outside of the building observed an open window in the apartment, and Andrade throwing a black canvas bag to the sidewalk below. The bag was recovered and found to contain approximately two kilograms of cocaine, one kilogram of fentanyl and 250 grams of cocaine base. Once agents entered the apartment, they found Andrade standing near the open window where he was arrested.
A further search of the apartment recovered of a Taurus, Model 709FS, 9mm semi-automatic firearm that was one of 33 firearms reported stolen in December 2012, approximately $20,000, luxury jewelry, and several gold bars. Baggies and a heat sealer were recovered from the kitchen.
During the search of Andrade’s vehicles – a BMW, Altima, Malibu, and Dodge Van – investigators discovered two electronic hides within the Altima. The hides contained approximately one kilogram each of cocaine and fentanyl.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Boston Police Commissioner William G. Gross made the announcement today. The case was prosecuted by Assistant U.S. Attorney Emily Cannon of Lelling’s Organized Crime and Gang Unit.
Plattsburgh Man Sentenced to 63 Months for Online FraudRead the Press Release
ALBANY, NEW YORK – Thomas J. Howe, age 38, of Plattsburgh, New York, was sentenced yesterday to 63 months in prison and 3 years of post-release supervision for committing fraud and identity theft.
The announcement was made by United States Attorney Grant C. Jaquith; James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation; and Plattsburgh Police Chief Levi J. Ritter.
As part of his plea on April 4, 2018, Howe admitted that he and Jared R. Hudson devised a scheme to defraud banks, merchants and individual consumers by purchasing information including credit card numbers, bank account numbers, expiration dates, security codes, answers to security questions, and other personal identification information, and to using that information to electronically purchase goods, and to fraudulently transfer and attempt to transfer funds electronically, between October 2009 and December 2014.
Initially, Howe used stolen credit card numbers belonging to others to order merchandise online, and had the merchandise shipped to him. Howe then used other people’s personal identification information to sign up for credit cards. He then opened investment accounts in his name, which were funded with money taken from other people’s bank accounts using stolen account numbers, routing numbers, identification, and bank security information. Howe admitted that his conduct caused at least $508,053.33 in losses.
Hudson was sentenced on January 10, 2018 to 79 months in prison and 3 years of supervised release.
This case was investigated by the FBI and the Plattsburgh Police Department, and was prosecuted by Assistant U.S. Attorney Douglas Collyer.
Pittsburgh Felon Trafficked HeroinRead the Press Release
PITTSBURGH, PA – One former resident of Pittsburgh, Pennsylvania, pleaded guilty yesterday in federal court to one count of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
Anthony Ptomey, age 26, pleaded guilty before United States District Court Judge Cathy Bissoon.
In connection with the guilty plea, the court was advised that on April 17, 2017, investigators were conducting surveillance in the City of Pittsburgh and saw Ptomey pull up in a Silver Hyundai. Ptomey entered a home and left after a short amount of time. When Ptomey left the home, he was making suspicious movements in his crotch area and continually re-adjusting his pants in the waistband area. Ptomey then reentered the Hyundai which was subsequently stopped by investigators.
When officers began to approach the vehicle, they saw Ptomey, who was in the front passenger’s seat, reaching back and pulling a diaper bag into the front of the car. When officers made contact with Ptomey, they learned that he had an open arrest warrant and was detained. Once Ptomey was detained, officers did a frisk of him and recovered seven bricks of heroin from his crotch region. The driver and owner of the vehicle, gave consent for officers to search the car. Officers recovered eight more bricks of heroin from the diaper bag that Ptomey was holding in the front of the car. The Allegheny County Crime Lab tested the seized substances and determined that the substances tested positive for heroin.
Judge Bissoon scheduled sentencing for December 20, 2018 at 2:15 p.m. Due to Ptomey’s prior conviction for drug trafficking, the law provides an increased penalty for a total maximum sentence of not more than 30 years in prison, a fine of $2,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendant. Ptomey will continue to be detained pending sentencing.
Assistant United States Attorney Timothy M. Lanni is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation – Western District of Pennsylvania Opioid Task Force conducted the investigation leading to the guilty plea in this case. This Task Force is comprised of FBI Special Agents and state and local Task Force Officers, including officers from the Pittsburgh Bureau of Police, Allegheny County Sherriff’s Department, Allegheny County Police, Port Authority Police, Munhall Police Department, West Mifflin Police Department, and Pennsylvania Attorney General’s Office.
Pine Grove Man Charged with Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brett Lamar Heinbach, age 36, formerly of Pine Grove, Pennsylvania, was indicted on August 14, 2018, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that Heinbach conspired with other individuals to distribute over 50 grams of methamphetamine between March and April 2016. The indictment also alleges that Heinbach possessed multiple firearms in furtherance of drug trafficking, one firearm having an obliterated serial number. Heinbach is also charged with being in possession of eight pipe bombs.
The case was investigated by the Pennsylvania State Police, Schuylkill County District Attorney’s Office and Homeland Security Investigations. Assistant U.S. Attorney Jenny P. Roberts is prosecuting 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.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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 these offenses is life imprisonment, a term of supervised release following imprisonment, and a 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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Pharr Woman Sent to Prison for Bank FraudRead the Press Release
McALLEN, Texas – A former bank employee has been ordered to prison for her admissions of she stealing more than $1 million from customer accounts, announced U.S. Attorney Ryan K. Patrick. Cynthia Luna Rodriguez, 45, pleaded guilty Jan. 31, 2018.
Today, U.S. District Judge Micaela Alvarez handed Rodriguez a 85-month sentence to be immediately followed by three years of supervised release. At the hearing, the court highlighted the extent to which Rodriguez went to conceal her crime, including changing addresses on accounts, getting an address of her own to use, falsifying tax paperwork, falsifying a letter from the bank and adding additional instructions to the account to control access of anyone other than Rodriguez. In handing down the sentence, the court noted the number of victims, the fact that some elderly victims did not have repairs made to their house because of the fraud, the fact that the fraud scheme happened over a number of years and that the victims were people who would trust Rodriguez. The court noted Rodriguez purposefully targeted elderly victims with limited access to the bank.
At the time of her plea, Rodriguez acknowledged she committed two counts of bank fraud and one count of embezzlement that occurred over eight years. Rodriguez admitted to illegally withdrawing money from customers’ accounts and to hiding the unauthorized withdrawals by back-filling the accounts with money from other customers’ accounts and by changing the address on the customer accounts without authorization.
Rodriguez worked at First National Bank in Edinburg. Beginning in at least January 2006, she began taking money from customer accounts without authorization. She continued to do so during the time PlainsCapital Bank took over First National Bank.
A PlainsCapital Bank audit resulted in her firing on Aug. 12, 2014. Following her termination, employees discovered documents at her desk including a 1099 statement belonging to one of the victims. The statement had been altered with whiteout over the address and interest earned sections and new information typed over them. The new address was actually a private mailbox that Rodriguez leased.
Law enforcement executed a search warrant on that private mailbox, at which time they discovered multiple mailings to account holders at her address.
Further investigation revealed a large amount of unexplained money deposited into some of Rodriguez’s accounts which corresponded with the time of the unauthorized withdrawls from the victim accounts. The victim accounts belonged to individuals who interacted with Rodriguez directly when she was employed at the bank. The accounts primarily belonged to elderly individuals and to individuals living out of the country whom were not likely to regularly monitor their accounts. When account holders or their representatives came in to close their statements, Rodriguez moved money from another victim’s account to backfill the account about to be closed.
A forensic audit conducted by an outside accounting firm determined that approximately $1.3 million was taken from six victim accounts over an eight-year time span. As part of her plea, Rodriguez agreed to pay more than $1.1 million in restitution.
Rodriguez was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI conducted the investigation with the assistance of the Federal Deposit Insurance Corporation. Assistant U.S. Attorney Joseph Leonard is prosecuting the case.
Perkinsville Man Sentenced in Armed Pharmacy and Bank Robbery CaseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Michael Bickford, age 38, formerly of Perkinsville, Vermont, was sentenced on August 6, 2018 in the United States District Court in Burlington on charges stemming from the December 5, 2016 armed robbery of the River Street Pharmacy in Springfield, Vermont. Bickford also admitted to committing the armed robberies of the Windsor County South Credit Union in Springfield, Vermont on October 18, 2016 and the Mascoma Savings Bank in Springfield, Vermont on November 10, 2016. United States District Judge Christina Reiss sentenced Bickford to 92 months of imprisonment, followed by three years of supervised release. Bickford was also ordered to pay $230.71 in restitution to the River Street Pharmacy.
As described in court records, at about 8:30 a.m. on December 5, 2016, Bickford entered the River Street Pharmacy located at 100 River Street in Springfield, Vermont armed with a pistol and wearing a dark-colored mask. Bickford approached the counter, pointed the pistol at a pharmacy employee’s midsection, and demanded prescription medications. While the first employee went to get prescription medications, Bickford pointed the pistol at a second employee. After the first employee gave Bickford the prescription medications, Bickford fled the pharmacy. Later that day, as law enforcement tried to confront Bickford, Bickford drove off at high speed and fled from police. Later that day, after an armed standoff with police, law enforcement arrested Bickford and found the loaded pistol in his vehicle, along with the prescription medications and pill bottles stolen from the River Street Pharmacy.
Also as described in court records, Bickford admitted that on October 18, 2016, he robbed the Windsor County South Credit Union located at 383 River Street in Springfield, Vermont. During this robbery, Bickford was armed with a handgun and unlawfully took about $3,324. Bickford also stole the keys to a vehicle from a credit union employee. Bickford further admitted that on November 10, 2016, he robbed the Mascoma Savings Bank located at 270 River Street in Springfield, Vermont. During this robbery, Bickford was armed with a handgun and unlawfully took about $12,000. Bickford also stole a truck from one of the bank employees.
The case was investigated by the Springfield, Vermont Police Department, the Weathersfield, Vermont Police Department, the Windsor County Sheriff’s Department, the Vermont State Police, and the Federal Bureau of Investigation. The Windsor County State’s Attorney’s Office also assisted in the investigation. “We thank our partners at the U.S. Attorney's Office for removing this individual from our streets. Today Windsor County is a safer place,” said David J. Cahill, Windsor County State’s Attorney.
U.S. Attorney Christina Nolan added: “This case exemplifies our ongoing initiative to come together at all levels of law enforcement to combat violence in Vermont. Bickford’s crime is among the most egregious we see in federal court. He put our brave police officers and law abiding, hardworking Vermonters at great risk of death or serious bodily injury. This is intolerable, and we will continue to collaborate to bring justice to violent offenders, particularly those who use firearms.”
Bickford is represented by Jordana Levine of Marsicovetere & Levine Law Group, P.C. The United States is represented by Assistant United States Attorney John J. Boscia.
Passaic County Man Admits Trying to Bring Loaded Gun on Plane at Newark Liberty International AirportRead the Press Release
NEWARK, N.J. – A Totowa, New Jersey, man today admitted knowingly possessing a firearm as a previously convicted felon and trying to bring a loaded gun onto a plane, U.S. Attorney Craig Carpenito announced.
Laron L. James, a/k/a/ “Juelz Santana,” 36, pleaded guilty before U.S. District Judge Stanley R. Chesler to both counts of an indictment charging him with possession of a firearm by a convicted felon and carrying a weapon on an aircraft.
According to documents filed in this case and statements made in court:
James admitted that on March 9, 2018, he knowingly possessed a loaded Derringer .38 caliber handgun despite the fact he was prohibited from possessing firearms due to his December 2012 conviction in Bergen County Superior Court for manufacturing and distributing a controlled dangerous substance. James also admitted that on that date, he attempted to bring the loaded gun onto a flight from Newark to San Francisco. The gun was discovered during the X-Ray screening of James’s luggage before he could board the flight.
Both charges in the indictment carry a maximum potential penalty of 10 years in prison. Sentencing is scheduled for Dec. 12, 2018.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory Ehrie in Newark, and officers of the Port Authority Police Department, under the direction of Superintendent Edward Cetnar, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Desiree Grace Latzer of the U.S. Attorney’s Office Violent Crimes Unit in Newark.
Defense counsel: Brian J. Neary Esq., Hackensack, New Jersey
North Carolina man sentenced for firearm chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Jared Tyrone Cooke, of Charlotte, North Carolina, was sentenced today to 84 months incarceration for using a firearm during a crime of violence, United States Attorney Bill Powell announced.
Cooke, age 24, pled guilty to one count of “Use of a Firearm During a Crime of Violence” in April 2018. He admitted to brandishing a 12-gauge shotgun during a robbery in January 2017 in Morgantown, West Virginia.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Mon Metro Drug & Violent Crimes Task Force, a HIDTA-funded initiative, and the Morgantown Police Department investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Nashville Man Facing Federal Charges for July Bank RobberiesRead the Press Release
James Orion Fox, 49, of Nashville, Tennessee, was indicted yesterday by a federal grand jury and charged with two counts of bank robbery, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
According to the indictment and court documents, on July 11, 2018, Fox entered the Fifth Third Bank on Murfreesboro Pike and placed a bag and note on the counter indicating that this was a robbery and stated that he had a gun. The bank teller placed money from the cash drawer in the bag and Fox fled the bank. The subsequent investigation identified Fox as the person responsible and on July 13, 2018, a criminal complaint and warrant was issued, charging Fox with Bank Robbery.
While Fox was being sought for this robbery, the indictment alleges that on July 24, 2018, he robbed the Fifth Third Bank on Church Street, in Downtown Nashville. Fox was subsequently located and arrested on August 5, 2018, by officers with the Smyrna Police Department.
If convicted, Fox faces up to 20 years in prison on each count.
This case was investigated by the FBI; the Metropolitan Nashville Police Department and the Smyrna Police Department. Assistant U.S. Attorney Juliet Aldridge is prosecuting the case.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Moss Point Man Pleads Guilty to Cocaine ConspiracyRead the Press Release
Gulfport, MS – Keith Lavell Brown, age 46, of Moss Point, Mississippi, pled guilty yesterday before U.S. District Judge Louis Guirola, Jr. to conspiracy to possess with intent to distribute more than 5 kilograms of cocaine, announced U.S. Attorney Mike Hurst, Assistant Special Agent in Charge Derryle Smith with the Drug Enforcement Administration (DEA) and Special Agent in Charge Christopher Freeze with the Federal Bureau of Investigation (FBI).
Brown admitted being involved in a conspiracy to bring cocaine to the Mississippi Gulf Coast from 2015 until August, 2017. The conspiracy involved several trips with multiple kilograms of cocaine. On one occasion, in March of 2016, an individual was stopped in Louisiana and, upon arresting the driver, Louisiana State Police located 15 kilograms of cocaine inside his vehicle. During the DEA and FBI’s investigation, they determined that Brown had conspired with the driver and others to have the cocaine brought from Texas to Mississippi.
After the stop in Louisiana, another individual driving an RV was stopped in Mississippi. During the stop, the RV was searched and law enforcement located 10 kilograms of cocaine hidden inside. During the investigation into the second stop, DEA and FBI agents learned that the 10 kilograms of cocaine were supposed to be delivered to Brown and others in Moss Point. Further information and evidence also showed that the cocaine located in the RV was not the driver’s first time to deliver cocaine to Brown. The driver had previously had a successful delivery of 13 kilograms of cocaine to Brown.
Brown will be sentenced on November 7, 2018 by Judge Guirola, and faces a maximum penalty of life in prison and a $10 million fine.
The case was investigated by the Drug Enforcement Administration, the Federal Bureau of Investigation, and the Louisiana State Police. It was prosecuted by Assistant U.S. Attorney Kathlyn R. Van Buskirk.
Montesano Man who Crashed Head-On into Forks Couple while High on Meth Sentenced to 18 Months in PrisonRead the Press Release
A 51-year-old Montesano, Washington, man was sentenced today in U.S. District Court in Tacoma to 18 months in prison and three years of supervised release for vehicular assault, announced U.S. Attorney Annette L. Hayes. KELLY L. LANDRY, was driving his employer’s work truck while impaired with methamphetamine and marijuana on September 6, 2017, when he crashed head-on into another car on Highway 101 near Lake Crescent. At the sentencing hearing, U.S. District Judge Ronald B. Leighton said “When drugs come into your life your honesty, integrity and life go out the door.”
According to records filed in the case, LANDRY was driving east on Highway 101 and crossed the centerline, slamming head-on into a Taurus sedan driven by an 80-year-old Forks resident. The driver’s 70-year-old wife was in the passenger seat. Both suffered severe injuries, including a broken ankle, broken nose, fractured ribs, and fractured wrist. LANDRY was also injured in the crash. First responders to the scene found both a meth pipe and a marijuana pipe in the cab of LANDRY’s truck – a vehicle that was owned by his employer. A blood screen taken following the crash showed LANDRY had high levels of methamphetamine and some THC in his blood.
While both victims survived, their lives have been permanently changed because of lasting physical impacts from their injuries. They are no longer able to participate in many of the activities they enjoyed before the crash. An avid gardener, the 70-year-old is no longer able to work in her garden and must use a walker for mobility.
LANDRY had been identified in two prior incidents where he struck parked cars: In July 2016, he struck a parked car in Hoquiam and drove away. In February 2017, he drove his work truck into a parked car in Montesano and drove off. His employer contacted the victim, and Montesano Police were then able to identify LANDRY as the driver.
Because the September 2017 crash occurred on National Park Service land, the case was prosecuted in federal court. At a hearing on November 9, 2018, Judge Leighton will set a restitution amount to pay for the victims medical bills, towing fees and other expenses.
The case was investigated by the National Park Service Investigative Services Branch and was prosecuted by Assistant United States Attorney André M. Peñalver.
Monroe County Man Indicted for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Claude Turner, age 38, of Stroudsburg, Pennsylvania, was indicted on August 14, 2018, by a federal grand jury on drug trafficking charges.
According to United States Attorney David J. Freed, the indictment alleges that Turner distributed and possessed with the intent to distribute cocaine and fentanyl on May 1, 2018, and cocaine, fentanyl, heroin, tramadol, and ketamine on May 17, 2018, in Monroe County, Pennsylvania. The indictment alleges that those two violations occurred within 1,000 feet of a playground, a protected place under federal law. The indictment further alleges that Turner possessed with intent to distribute marijuana on May 31, 2018.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Sean A. Camoni.
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.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state, and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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 this offense is 40 years of imprisonment, a term of supervised release following imprisonment, and a 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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Middlesex County Man Charged with Illegally Importing Scorpions and Other WildlifeRead the Press Release
NEWARK, N.J. – A Metuchen, New Jersey, man was arrested today for allegedly smuggling shipments of live protected scorpions, giant millipedes and other species that were mislabeled to avoid detection, including one package of millipedes that was labeled as children’s toys, U.S. Attorney Craig Carpenito announced.
Wlodzimie Lapkiewicz, 29, is charged by complaint with one count of smuggling wildlife and one count of false labelling of wildlife. He appeared this afternoon before U.S. Magistrate Judge Cathy L. Waldor in Newark federal court and was released on $50,000 unsecured bond.
According to the complaint:
Between July 2015 and July 2018, Lapkiewicz repeatedly engaged in the illegal importation and exportation of scorpions, giant millipedes, and other invertebrate species. On multiple occasions, Lapkiewicz imported emperor and dictator scorpions, both of which are listed in the Convention on International Trade in Endangered Species treaty as protected species.
Postal inspectors learned of Lapkiewicz’s illegal imports after they found live scorpions and giant millipedes that had escaped from a parcel originating from Tanzania while in transit to Lapkiewicz in July 2015.
The investigation revealed that Lapkiewicz participated and assisted others in intentionally mislabeling parcels of live wildlife to avoid detection, including labeling a shipment of multiple live giant millipedes as “Plush Toys for my Friends Child about to be born.” The investigation also revealed that Lapkiewicz used social media to arrange buyers for the scorpions, giant millipedes, and other invertebrates that he illegally imported.
The charge of wildlife smuggling carries a maximum potential penalty of 20 years in prison and a $250,000 fine. The charge of false labelling of wildlife carries a maximum potential penalty of five years in prison and a $250,000 fine.
U.S. Attorney Carpenito credited special agents of the U.S. Fish and Wildlife Service, Office of Law Enforcement, under the direction of Special Agent in Charge Honora Gordon, with the investigation leading to these charges. He also thanked postal inspectors with the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Judy Ramos, for their assistance.
The government is represented by Special Assistant U.S. Attorney Shawn Barnes of the U.S. Attorney’s Office Public Protection Unit in Newark.
Defense counsel: David Holman Esq., Assistant Federal Public Defender, Newark
Middlesex County Man Arrested and Charged with Attempting to Obtain United States Citizenship by FraudRead the Press Release
NEWARK, N.J. – Special Agents of the Department of Homeland Security, Homeland Security Investigations (HSI) arrested a Middlesex County, New Jersey, man this morning for allegedly trying to fraudulently obtain citizenship, U.S. Attorney Craig Carpenito announced.
Pal Singh, a/k/a “Surinder Singh,” a/k/a “Harpal Singh,” 66, an Indian national residing in Iselin, New Jersey, is charged by criminal complaint with one count of naturalization fraud and one count of making false statements under oath in connection with naturalization proceedings. He made his initial appearance before U.S. Magistrate Judge Cathy L. Waldor and was released on $200,000 bond.
According to documents filed in this case and statements made in court:
In March 1992, Singh applied for admission into the United States as a tourist at Los Angeles International Airport by presenting an Indian passport that purported to contain an entry visa to the United States. Singh was refused admission into the United States because the entry visa was deemed fraudulent and he was detained pending exclusion proceedings. Singh later applied for asylum in the United States under his true name and was released on bond while his asylum claim was evaluated. In June 1993, an immigration judge in New York denied Singh’s asylum application and Singh was ordered to surrender for deportation. Singh failed to appear for his deportation as ordered.
In August 1995, Singh fraudulently applied for asylum in the United States under the identity of “Harpal Singh,” and claimed that he had entered the United States by crossing the United States-Mexico border in December 1994. Singh did not disclose that he had previously been denied asylum under his true identity – Pal Singh. In March 1996, an immigration judge denied Singh’s second asylum application and Singh was again ordered to surrender for deportation. Singh again failed to appear for his deportation as ordered.
In May 1996, Singh fraudulently applied for asylum in the United States under the identity of “Surinder Singh,” and claimed that he had entered the United States by crossing the United States-Mexico border in November 1995. Singh did not disclose that he had previously been denied asylum under his true identity and under the identity of Harpal Singh. This application further claimed that Surinder Singh had been beaten and tortured in India in 1994 despite the fact that Singh had been living in the United States at the time under his true identity. In June 1996, the Immigration and Naturalization Service granted Singh’s third asylum application in the name of “Surinder Singh” based on fraudulent information provided by Singh.
In December 2015, Singh filed an Application for Naturalization, Form 400-N, with the U.S. Department of Homeland Security under the identity of Surinder Singh. He falsely answered questions relating to his identity, his prior immigration applications, and his immigration status. In May 2018, Singh appeared under the name of Surinder Singh before an officer of the Department of Homeland Security in Newark for an interview in connection with his application. The interview was audio and video recorded, and Singh was placed under oath. Singh was also assisted by counsel and by a Punjabi interpreter. Singh falsely answered additional questions relating to his identity, his prior immigration applications, and his immigration status.
A qualified fingerprint examiner from the U.S. Department of Homeland Security’s Biometric Support Center compared fingerprints taken of Singh when he initially attempted to enter the United States in March 1992 to fingerprints taken in the names of Harpal Singh and Surinder Singh in connection with the above-described immigration proceedings. The fingerprint examiner concluded that the same individual made all of the fingerprints
The naturalization fraud charge carries a maximum potential sentence of 10 years in prison. The false statements charge carries a maximum potential sentence of five years imprisonment.
U.S. Attorney Carpenito credited special agents of the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Brian Michael, with the investigation leading to the arrest.
The government is represented by Assistant U.S. Attorneys Francisco J. Navarro and Thomas Kearney of the U.S Attorney’s Criminal Division in Newark.
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Defense counsel: Adalgiza A. Nunez Esq., Newark
Michigan man sentenced for heroin distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – Danzavious Dolphus, of Harper Woods, Michigan, was sentenced today to 84 months incarceration for a drug distribution conviction, United States Attorney Bill Powell announced.
Dolphus, also known as “Dash,” age 24, pled guilty to one count of “Distribution of Heroin” in March 2018. Dolphus admitted to selling heroin in June 2017 in Monongalia County.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the cases on behalf of the government. The Mon Metro Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
Senior U.S. District Judge Irene M. Keeley presided.Member of Albuquerque-Based Armed Robbery Crew Sentenced to Seven Years for Conviction on Federal Firearms ChargeRead the Press Release
ALBUQUERQUE – Gabriel Sanchez, 29, of Albuquerque, N.M., was sentenced today in federal court to 84 months in prison for his conviction for using and brandishing a firearm during the robbery of a commercial business engaged in interstate commerce. Sanchez will be on supervised release for three years after completing his prison sentence.
Co-defendant Virgal Malott, 23, also of Albuquerque, was charged by criminal complaint on Feb. 18, 2015. According to the complaint, officers of the Albuquerque Police Department (APD) arrested Malott on outstanding state felony warrants on Feb. 14, 2015. Thereafter, APD executed a state search warrant at his residence as part of an investigation into a series of armed robberies of Albuquerque-area businesses. During the search, APD found a loaded firearm, which provided the basis for a federal criminal complaint charging Malott with being a felon in possession of a firearm and ammunition that was filed on Feb. 18, 2015, by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). In June 2015, Malott was charged in an 11-count indictment with violating the Hobbs Act by robbing seven businesses engaged in interstate commerce, carjacking, using and brandishing a firearm during crimes of violence, and with being a felon in possession of a firearm. The indictment alleged that Malott committed the crimes in Bernalillo County, N.M., between Dec. 2014 and Jan. 2015.
The indictment was superseded in Aug. 2015, to add two defendants, Sanchez and Paul Lujan, 22, also of Albuquerque, and two more charges. The superseding indictment charged the three men with conspiring to violate the Hobbs Act by robbing businesses engaged in interstate commerce in Jan. 2015, the armed robbery of five Albuquerque-area businesses, and using and brandishing firearms during crimes of violence. It also charged Malott alone with the armed robbery of two additional Albuquerque-area businesses, carjacking, and with being a felon in possession of a firearm. The superseding indictment alleged that the three men committed the crimes in Bernalillo County between Dec. 2014 and Jan. 2015.
On Aug. 2, 2018, Sanchez entered a guilty plea to a felony information charging him with using, carrying and brandishing a firearm during and in relation to a crime of violence. In entering the guilty plea, Sanchez admitted that on Jan. 30, 2015, he brandished a firearm and pointed the firearm at two store clerks during the armed robbery of Loan Max located at 6108 Lomas Blvd., NE in Albuquerque.
On Aug. 17, 2017, Malott entered a guilty plea to three counts of the superseding indictment charging him with the armed robbery of a business engaged in interstate commerce, carjacking, and using and brandishing a firearm during a crime of violence. In entering the guilty plea, Malott admitted robbing a title loan business located in Albuquerque on Dec. 22, 2014. Malott acknowledged that he was armed when he committed the robbery. He also admitted pointing the firearm at the business’s three employees and that he threatened to kill the employees. Malott admitted committing a carjacking on Jan. 19, 2015, by pointing a firearm at an individual who was at an Albuquerque convenience store and demanding the individual’s wallet and keys. Malott fled from the scene in the individual’s vehicle. Malott was sentenced on Feb. 15, 2018, to 200 months in federal prison followed by three years of supervised release.
Lujan was arrested on Dec. 3, 2015, after he was transferred from state custody into federal custody. On Aug. 15, 2017, Lujan pled guilty to a felony information charging him with using and carrying a firearm during a crime of violence. In entering the guilty plea, Lujan admitted that on June 30, 2015, he acted as the getaway driver during the armed robbery of the Loan Max Title Loan in Albuquerque. Lujan further admitted that he discarded a firearm while running from the police following the armed robbery. Lujan was sentenced on April 11, 2018, to 60 months in federal prison followed by three years of supervised release.
This case was investigated by the Albuquerque office of ATF and by APD, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorneys Rumaldo A. Armijo and David M. Walsh prosecuted the case.
McKenzie Man Pleads Guilty to Production of Child PornographyRead the Press Release
Jackson, TN – On Tuesday, August 14, 2018, after two days of trial Nathan Adams, 36, pleaded guilty to production and attempted production of child pornography. D. Michael Dunavant, U.S. Attorney for the Western District of Tennessee announced the guilty plea today.
The proof presented at trial showed Adams surreptitiously recorded videos of a 13-year-old minor female in various stages of undress, including fully nude. Adams filmed some of the videos from outside the minor’s home filming through a hole in the window blinds. On other occasions, Adams hid the recording device inside the minor’s bedroom or bathroom. Adams was reported to law enforcement after the minor’s mother discovered the recording device and the explicit videos of her daughter.
On the second day of trial, as the videos that Adams recorded were being played for the jury, Adams advised the Court that he wished to plead guilty to the charges against him. Adams faces a mandatory minimum 15 years of imprisonment. Sentencing is set for November 20, 2018 before U.S. District Chief Judge S. Thomas Anderson.
U.S. Attorney D. Michael Dunavant said, “Production of child pornography victimizes, harms, and exploits vulnerable children in a horrific way, and must be met with significant consequences. Under our Project Safe Childhood initiative, the U.S. Attorney’s Office will bring the full resources of the federal government to bear in order to protect children in the Western District of Tennessee.”
This case was investigated by the McKenzie Police Department, the Madison County Sheriff’s Office, and the Federal Bureau of Investigation, and was brought as part of Project Safe Childhood (PSC), 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, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals. For more information about PSC, please visit http://www.justice.goc/psc. For more about internet safety education, please visit http://www.justice.gov/psc/resources.
This case was investigated by the McKenzie Police Department; Madison County Sheriff’s Office and the FBI.
Assistant U.S. Attorneys Kasey Weiland and Debra L. Ireland are prosecuting this case on behalf of the government.
Manteca Woman Sentenced to 2.5 Years in Prison for Unemployment Benefits Fraud and Identity Theft SchemeRead the Press Release
SACRAMENTO, Calif. — Brittany Maunakea, 29, of Manteca, was sentenced today by U.S. District Judge Morrison C. England Jr. to two and a half years in prison for conspiracy to commit mail fraud for her role in a scheme to defraud the State of California by filing false unemployment insurance claims, U.S. Attorney McGregor W. Scott announced. Maunakea was also ordered to pay $139,071 in restitution.
According to court documents, beginning in February 2015, Maunakea entered a scheme to defraud the State of California by filing false unemployment insurance claims with the California Employment Development Department (EDD), using the stolen identities of over 250 California workers. In total, the conspirators filed at least 269 false claims seeking over $2.5 million in fraudulent benefits. EDD’s actual overpayment was $898,899. Maunakea participated in the scheme by receiving and facilitating EDD documents at her home and using debit cards issued in the names of identity-theft victims to withdraw the fraudulently obtained benefits.
“Ms. Maunakea’s crime victimized citizens whose stolen identities were used in furtherance of her personal enrichment. The Office of Inspector General will continue to make it a priority to work with our law enforcement and state workforce agency partners to protect the integrity of the Unemployment Insurance program and to seek justice on behalf of the victims of these identity theft schemes,” said Abel Salinas, Special Agent-in-Charge, Los Angeles Region, U.S. Department of Labor Office of Inspector General.
This case is the product of an investigation by the U.S. Department of Labor Office of Inspector General, the Federal Bureau of Investigation and the California Employment Development Department, Investigations Division. Assistant U.S. Attorney Amy Schuller Hitchcock is prosecuting the case.
Maunakea is the first of five defendants charged in the scheme to be sentenced. Co‑defendant Sergio Reyna has also pleaded guilty to conspiracy to commit mail fraud and is set to be sentenced on September 6, 2018. The charges against co-defendants Pamela Emanuel, Gregory Lee, and Russell White III remain pending. The charges against Emanuel, Lee and White are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Lowell Woman Sentenced to Four Years in Prison for Participating in Heroin Trafficking ConspiracyRead the Press Release
CONCORD – United States Attorney Scott W. Murray announced that Gayle McNamara, 57, of Lowell, Massachusetts, was sentenced to 48 months in federal prison for participating in a heroin trafficking conspiracy.
According to court documents and statements made in court, McNamara was one of eight defendants arrested on October 25, 2016 as part of a large investigation of heroin trafficking activities based in and around Lawrence, Massachusetts. McNamara and some of her co-defendants operated so-called trap houses, which were residences where customers of a drug trafficking organization could meet individuals who were delivering the drug to the customers. Other co-defendants picked up the drugs at the trap houses and sold them in New Hampshire and elsewhere.
On May 4, 2017, McNamara pleaded guilty to conspiracy to distribute, and possess with intent to distribute, heroin.
“Drug trafficking is causing serious damage to the health and safety of the citizens of the Granite State,” said U.S. Attorney Murray. “We are committed to working with our law enforcement colleagues to arrest and prosecute those who are responsible for distributing heroin and other deadly drugs.”
“Heroin and fentanyl are causing deaths in record numbers and DEA’s top priority is to aggressively pursue anyone who distributes these poisons,” said DEA Special Agent in Charge Brian D. Boyle. “Today’s sentence not only holds Ms. McNamara accountable for her crimes but serves as a warning to those traffickers who are fueling the opioid epidemic.
This matter was investigated by the DEA; Homeland Security Investigations; the Massachusetts State Police; the Haverhill Police Department; the United States Marshals Service; the New Hampshire State Police; the Manchester Police Department; the Lawrence Police Department; the Lowell Police Department, the Methuen Police Department, and the Hillsborough County Drug Task Force. Assistant United States Attorney Donald A. Feith prosecuted the case.
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
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Long Island MS-13 Gang Members Face Additional Racketeering Charges, Including Murder and Attempted MurderRead the Press Release
Five members of La Mara Salvatrucha (also known as MS-13), Ruendy Jhonatan Hernandez-Vasquez, Jhonny Contreras, Reynaldo Lopez-Alvarado, Jeffrey Amador and Ronald Catalan, are scheduled to be arraigned this morning before United States District Judge Joseph F. Bianco, at the federal courthouse in Central Islip, New York. The 75-count sixth superseding indictment was unsealed on August 8, 2018 and charges more than two dozen members of MS-13, a transnational criminal organization, with racketeering and related offenses.
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 charges.
The superseding indictment adds one new defendant, Hernandez-Vasquez, in connection with the October 10, 2016 murder of Javier Castillo in Freeport, and a conspiracy to distribute cocaine and marijuana. The indictment also adds racketeering offenses and related charges of murder and conspiracy to commit murder in aid of racketeering against previously charged defendants Contreras, Lopez-Alvarado and Amador in connection with the November 19, 2015 murder of Cesar Rivera-Vasquez in Babylon, and racketeering offenses against Catalan for a June 23, 2009 shooting in Brentwood. In total, 16 murders committed by MS-13 members have been charged in this superseding indictment and underlying indictments in this case.
In addition, INTERPOL issued a Red Notice for Hernandez-Vasquez relating to an arrest warrant for a murder he allegedly committed in El Salvador before he illegally entered the United States.
“The MS-13’s mission to commit senseless and vicious acts of violence, terrorizing our communities in the process, is evident from the charges announced today,” stated United States Attorney Donoghue. “This Office and our law enforcement partners will continue our unyielding pursuit to ensure that all members of this brutal gang are held accountable for every crime they have committed and that neighborhoods on Long Island are kept safe and free from gang violence.” Mr. Donoghue expressed his sincere thanks to all the members of the FBI’s Long Island Gang Task Force for their work on the investigation.
“MS-13 members feed on brutal, ruthless attacks threatening the safety of our communities,” stated FBI Assistant Director-in-Charge Sweeney. “With such a violent gang tormenting the neighborhoods of Long Island, it is essential that we work closely with our fellow law enforcement agencies to continue to round up the individuals committing these violent crimes. The persistence of the FBI’s Long Island Gang Task Force will never weaken—our investigations into MS-13 will not cease until this gang is eradicated.”
“The Suffolk County Police Department continues to work with all our partners and serves on the Long Island FBI Gang Task Force to eradicate MS-13,” stated SCPD Commissioner Hart. “This indictment sends another strong message to MS-13 members that their actions will not be tolerated and justice will be served. We applaud the Eastern District of New York for their ongoing and relentless commitment to prosecute violent gang members and will continue to work together to ensure that our communities are safe.”
“Today’s indictment of MS-13 member Ruendy Jhonatan Hernandez-Vasquez on charges of murder, conspiracy to commit murder and distribution of cocaine and marijuana clearly shows how the work of our law enforcement agencies is a constant in our relentless efforts to remove gang members from our streets,” stated NCPD Commissioner Ryder. “Our determined and dedicated approach keeps our communities safe and I would like to thank all involved in the FBI Long Island Task Force for bringing these gang members to justice.”
2009 Attempted Murder of John Doe #1 in Brentwood
As set forth in court filings, including a detention memorandum filed earlier today, on June 23, 2009, Catalan and two other MS-13 members, all of whom were new members of the Brentwood Locos Salvatruchas clique, armed themselves with handguns and drove through Brentwood, hunting for rival gang members to attack and kill in order to increase their standing and solidify their membership in the MS-13 gang. They observed a group of males on Barleau Street, whom they believed to be members of the Bloods street gang. The MS-13 members got out of their car, approached the group and started firing. John Doe #1 was struck in the armpit and back as he tried to run. Catalan and the others ran back to the car and fled the scene. John Doe #1 underwent surgery and ultimately survived the attack.
2015 Murder of Cesar Rivera-Vasquez in Babylon
Contreras, Lopez-Alvarado and Amador are charged in this indictment with the November 19, 2015 murder of Cesar Rivera-Vasquez, who was killed because the MS-13 members suspected that he was a member of a rival Mexican gang, Raza Loca. The MS-13 members convinced the victim to go with them to a secluded area adjacent to the Long Island Railroad station in Babylon to smoke marijuana. Once there, Contreras, Lopez-Alvarado, Amador and two other MS-13 members attacked Rivera-Vasquez with knives and a baseball bat before Lopez-Alvarado took a knife and cut the victim’s throat. The MS-13 members buried his body near a large mound of dirt, and the body was not discovered until April 2018.
2016 Murder of Javier Castillo in Freeport
Hernandez-Vasquez has been added to previously charged offenses in this case in connection with the October 10, 2016 murder of Javier Castillo. The MS-13 members suspected Castillo of being a member of the rival 18th Street gang and convinced him to go with them to Cow Meadow Park in Freeport. Once there, they attacked and killed him with a machete and buried his body in a shallow grave near a saltwater marsh. Castillo’s body was not recovered until October 2017. The sixth superseding indictment also adds marijuana and cocaine conspiracy charges against Hernandez-Vasquez.
In addition to the Rivera-Vasquez and Castillo murders, 14 other murders previously were charged in this case, including, the May 26, 2013 murder of Derrick Mayes, the May 28, 2013 murder of Keenan Russell, the July 14, 2014 murder of Jose Lainez-Murcia, the June 30, 2015 murder of Jonathan Cardona-Hernandez, the April 29, 2016 murder of Oscar Acosta, the June 3, 2016 murder of Jose Pena, the September 13, 2016 murders of Kayla Cuevas and Nisa Mickens, the October 13, 2016 murder of Dewann Stacks, the January 30, 2017 murder of Esteban Alvarado-Bonilla, and the April 11, 2017 murders of Justin Llivicura, Michael Lopez, Jorge Tigre and Jefferson Villalobos, as well as numerous attempted murders and assaults.
The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.
Today’s superseding indictment 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. 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 the Eastern District of New York. 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 the Eastern District of New York, 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 Office, Rockville Centre Police Department, New York State Police and 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.
New Defendant:
RUENDY JHONATAN HERNANDEZ-VASQUEZ (“Solido”)
Age: 22
Roosevelt and Freeport, New YorkPreviously Indicted Defendants Facing Additional Charges:
JHONNY CONTRERAS (“Muerte” and “Reaper”)
Age: 25
Brentwood, New YorkREYNALDO LOPEZ-ALVARADO (“Mente”)
Age: 26
Brentwood, New YorkJEFFREY AMADOR (“Cruel”)
Age: 22
Brentwood, New YorkRONALD CATALAN (“Stranger” and “Extrano”)
Age: 27
Brentwood, New YorkE.D.N.Y. Docket No. 16-403 (S-6)(JFB)
Leader of Crips Gang Sentenced to 16 Years in Prison for Firearms Possession and Witness RetaliationRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that RUBIN MOYE, a/k/a “Nut,” a high-ranking member of the Crips gang, was sentenced to 192 months in prison for the unlawful possession of a firearm and for ordering the assault of an individual he believed might testify against him. MOYE was convicted on April 28, 2017, following a one-week jury trial before U.S. District Judge George B. Daniels, who also imposed today’s sentence.
U.S. Attorney Geoffrey S. Berman said: “Rubin Moye illegally carried a loaded gun in the Bronx, and after he was caught red-handed, he ordered the violent assault of a suspected witness. Together with our law enforcement partners, we will aggressively prosecute those who threaten our communities with illegal guns. And we will not tolerate efforts to threaten or retaliate against witnesses who speak up about these crimes.”
According to the Complaint, the Indictment, other filings in Manhattan federal court, evidence at trial, and statements made in court proceedings:
On March 3, 2016, MOYE, a high-ranking member of the Crips gang, unlawfully possessed a loaded .38 caliber Taurus revolver (“the Firearm”) while driving in the Bronx, New York. When MOYE failed to signal a right turn, two New York City Police Department (“NYPD”) officers conducted a routine traffic stop of MOYE’s vehicle. MOYE, who was driving without a license, could not produce identification. The officers asked MOYE to step out of the car and patted him down, discovering the Firearm inside MOYE’s pants. MOYE possessed the Firearm despite having previously been convicted of two felonies, including a conviction for manslaughter in 1999 stemming from an incident in which MOYE shot several individuals, killing one and wounding two others.
MOYE was subsequently charged with being a felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(1), and he proceeded to trial in January 2017. In connection with that trial, which resulted in a hung jury, MOYE ordered inmates to assault an incarcerated individual (the “Victim”) who MOYE anticipated might testify against him at trial. As a result, during MOYE’s first trial, the Victim was violently attacked by two other inmates.
MOYE was retried in April 2017 and found guilty of the firearms offense, as well as of witness intimidation, in violation of Title 18, United States Code, Section 1512(a)(2), and of witness retaliation, in violation of Title 18, United States Code, Section 1513(a)(2).
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In addition to the prison term, MOYE, 35, of the Bronx, New York, was sentenced to five years of supervised release.
Mr. Berman praised the outstanding investigative efforts of the New York City Police Department, including members of the 43rd Precinct Anti-Crime Unit and the Violent Crimes Squad, and the Federal Bureau of Prisons. He also thanked the Office of the Bronx County District Attorney for its assistance.
The case is being handled by the Office’s Violent and Organized Crimes Unit. Assistant U.S. Attorneys Frank Balsamello, Matthew Hellman, and Matthew Laroche are in charge of the prosecution.
Lawrence Man Sentenced for Participating in Heroin and Fentanyl Trafficking ConspiracyRead the Press Release
CONCORD – United States Attorney Scott W. Murray announced today that Miguel Arias Velasquez, 22, of Lawrence, Massachusetts, was sentenced to 48 months in federal prison for participating in a drug trafficking conspiracy.
According to documents filed with the court and statements made during the sentencing hearing, between approximately January 2017 and July 6, 2017, Arias-Velasquez made deliveries of heroin and fentanyl to customers of a drug organization working out of a residence on Water Street in Lawrence. Customers would call to order drugs and Arias-Velasquez and others would drive to locations in Massachusetts and New Hampshire to deliver the drugs. Arias-Velasquez and his coconspirators were arrested in July of 2017.
Arias Velasquez pleaded guilty to the conspiracy charge on May 8, 2018. He is likely to be deported to the Dominican Republic after serving his sentence.
“Those who choose to sell heroin or fentanyl in New Hampshire will be prosecuted aggressively,” said U.S. Attorney Murray. “We work each day with our law enforcement partners to protect our community by putting drug dealers out of business. Those who seek to profit from the sale of these deadly drugs will be targeted for arrest, prosecution and sentencing. This case is a product of that cooperative effort by law enforcement.”
“The state of New Hampshire is faced with an opioid crisis unlike ever before,” said DEA Special Agent in Charge Brian D. Boyle. “Those responsible for distributing lethal drugs like fentanyl and heroin to the citizens of New Hampshire need to be held accountable for their actions. DEA will aggressively pursue Drug Trafficking Organizations and individuals who are coming from out of state to distribute this poison in order to profit and destroy people’s lives. This investigation demonstrates the strength and continued commitment of our local, state and federal law enforcement partners.”
This matter was investigated by the DEA, the Massachusetts State Police, the United States Marshals Service, the New Hampshire State Police, and the Lawrence Police Department. Assistant United States Attorney Donald A. Feith prosecuted the case.
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Last of Three Defendants Sentenced to More Than Eight Years for Robbing Elderly Victim on Indian ReservationRead the Press Release
ASHEVILLE, N.C. – Kasey Lynn Keffer, 40, of Sylva, N.C., was sentenced today to 100 months in prison and three years of supervised release on robbery charges, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina. Keffer’s co-defendants, Mitchum Scott Turpin and Tillmon Gene Fortner, were previously sentenced to 120 and 78 months in prison, respectively, for their involvement in the robbery.
Chief Doug Pheasant, of the Cherokee Indian Police Department, joins U.S. Attorney Murray in making today’s announcement.
According to court documents and court proceedings, on October 29, 2017, the three co-defendants met at Keffer’s residence in Sylva, N.C., and discussed being short of money. Keffer identified the victim, a 72-year-old male and an enrolled member of the Eastern Band of Cherokee Indians, as someone who had money. Later the same day, Keffer drove Turpin and Fortner to the victim’s apartment, located within the Indian reservation in Cherokee, N.C. Turpin, followed by Fortner, entered the victim’s apartment, where Turpin pointed a pistol at the victim and robbed him of $762. Turpin then ordered the victim into a closet. Keffer, Turpin and Fortner fled the scene in Keffer’s vehicle, and were apprehended shortly thereafter. Court records show that law enforcement later determined Turpin’s pistol to be a pellet gun.
All three defendants previously pleaded guilty to robbery charges. They are currently in custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
In making today’s announcement, U.S. Attorney Murray thanked the Cherokee Indian Police Department for their investigation of the case and the Maggie Valley Police Department for their assistance.
Special Assistant United States Attorney Justin Eason, of the U.S. Attorney’s Office in Asheville, prosecuted the case.