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6 August 2018
California Man Sentenced to 15 Years in Prison for Attempting to Provide Material Support to ISISRead the Press Release
Everitt Aaron Jameson, 27, of Modesto, California, was sentenced today to 15 years in prison, and a life term of supervised release, for attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.
Assistant Attorney General for National Security John C. Demers, U.S. Attorney McGregor W. Scott for the Eastern District of California, and Special Agent in Charge Sean Ragan of the FBI’s Sacramento Field Office made the announcement. The sentence was issued by U.S. District Judge Lawrence J. O’Neill.
“There is no place in the United States for terrorists and terrorist sympathizers who threaten innocent people, and the National Security Division will relentlessly seek to identify them and bring them to justice,” said Assistant Attorney General Demers. “Jameson put his fellow Americans at risk by supporting ISIS and planning an attack on behalf of the terrorist organization. This is unacceptable, and I am grateful for the hardworking agents and prosecutors who are responsible for this successful result.”
“Protecting our communities from terrorist threats is the Department of Justice’s highest priority,” said First Assistant U.S. Attorney Phillip A. Talbert. “With the assistance of our investigative partners, we will continue to work to prevent such attacks and to vigorously prosecute those who seek to provide material support to terrorist organizations. We are grateful for the hard work of the FBI and the DOJ’s National Security Counterterrorism Division for their teamwork in bringing this case to a just conclusion.”
“This case demonstrates the FBI’s commitment to identifying and disrupting plots to harm the American public. With assistance from our state and local partners, we completed a thorough investigation while ensuring that Jameson would not be able to carry out his plans,” said Special Agent in Charge Ragan. “The public also plays an active role in ensuring the safety of our communities. We encourage members of the public to always say something if they see or hear anything that raises concerns about a possible attack.”
Jameson pleaded guilty on June 4. According to the plea agreement, between September 2017 and Dec. 20, 2017, Jameson voiced support for ISIS knowing that the organization was engaging in terrorist activity and terrorism. Among other things, he had several online interactions with a confidential source, and during those interactions, he stated that he was committed wholeheartedly to “the cause.” Jameson also expressed support online for the Oct. 31, 2017, terrorist attack in New York City, as well as other terrorist attacks.
In subsequent communications with an undercover agent, Jameson stated that he was ready to do whatever they needed done here and noted that his time in the military had trained him for combat and war. According to court documents, Jameson joined the Marine Corps and received basic training, including earning a sharpshooter rifle qualification, but was ultimately discharged for failing to disclose his asthma history.
Later, Jameson met with another undercover agent whom he believed to be associated with, and working for, the senior leadership of ISIS, and offered to carry out violent acts and provide financial support for the terrorist organization.
According to court documents, on Dec. 16, 2017, Jameson discussed what he could offer to the cause. Among other things, Jameson stated that he was well versed in the Anarchist Cookbook, and explained his desire to use explosives in an attack. He also noted that he could get PVC pipe, nails and powder for explosive devices, and asked for remote timing devices from that person. Jameson identified Pier 39 as a target location of an attack, noting that it was crowded and explosives could be used to funnel people into an area so that he could inflict casualties by shooting people trying to escape. Jameson also offered to provide money to the cause.
This case was the product of an investigation by the FBI. Assistant U.S. Attorneys Dawrence W. Rice Jr. and Christopher D. Baker of the Eastern District of California prosecuted the case with Trial Attorney Brenda Sue Thornton of the National Security Division’s Counterterrorism Section.
Attorney General Jeff Sessions Issues Statement on DACA Court OrderRead the Press Release
Attorney General Jeff Sessions issued the following statement on Friday’s Deferred Action for Childhood Arrivals (DACA) order in the U. S. District Court for the District of Columbia: "We strongly disagree with the district court’s decision on Friday in the Deferred Action for Childhood Arrivals (DACA) case. The executive branch’s authority to simply rescind a policy, established only by a letter from the Secretary of the Department of Homeland Security, is clearly established. The Department of Justice will take every lawful measure to vindicate the Department of Homeland Security’s lawful rescission of DACA.
"The last administration violated its duty to enforce our immigration laws by directing and implementing a categorical, multipronged non-enforcement immigration policy for a massive group of illegal aliens. This wrongful action left DACA open to the same legal challenges that effectively invalidated another program they established—Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). DAPA’s implementation was blocked by the U.S. Court of Appeals for the Fifth Circuit and never entered into effect. These two policies declared by officials of the previous administration—by policy letters only—had been considered by Congress and rejected.
"The Trump Administration’s action to withdraw the policy letters simply reestablished the legal policies consistent with the law. Not only did the Trump Administration have the authority to withdraw this guidance letter, it had a duty to do so. As former President Obama previously said, the changes they attempted to effect through this policy letter can only be lawfully achieved by congressional action. The judicial branch has no power to eviscerate the lawful directives of Congress—nor to enjoin the executive branch from enforcing such mandates.
"We have recently witnessed a number of decisions in which courts have improperly used judicial power to steer, enjoin, modify, and direct executive policy. This ignores the wisdom of our Founders and transfers policy making questions from the constitutionally empowered and politically accountable branches to the judicial branch. It also improperly undermines this Administration’s ability to protect our nation, its borders, and its citizens. The Trump Administration and this Department of Justice will continue to aggressively defend the executive branch's lawful authority and duty to ensure a lawful system of immigration for our country."Amherst Man Pleads Guilty to Wire Fraud and Money Laundering in Scheme That Bilked Three Victims Out of More Than $800,000Read the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Raymond Clark, 41, of East Amherst, NY, pleaded guilty to wire fraud and money laundering, before Chief U.S. District Judge Frank P. Geraci. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that Clark induced three victims to send him $870,000 for supposed investments, including investments in hedge funds and publicly traded companies. Instead of investing the monies as promised, the defendant kept the money and spent it on personal expenses. As part of the plea agreement, Clark will pay restitution to the victims.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent in Charge, New York Field Office.
Sentencing is scheduled for November 15, 2018, at 11:00 a.m. before Chief Judge Geraci.
20-Year-Old Tijuana College Student Sentenced to 87 Months in Custody for Smuggling FentanylRead the Press Release
NEWS RELEASE SUMMARY – August 6, 2018
SAN DIEGO – Today, District Judge Larry A. Burns sentenced Flavio Diego Rivera Davalos, 20, to 87 months in custody based on his guilty plea admitting that he smuggled approximately 77 pounds of fentanyl into the United States. Davalos, who was 19 at the time of the offense, was arrested at the San Ysidro Port of Entry on December 8, 2017 following one of the largest seizures of the deadly opioid along the Southwest border. According to expert opinions included in court records, 77 pounds of fentanyl would yield 800,000 potentially fatal dosage units and a market value of more than $2 million.
According to court documents, Davalos entered the United States from Mexico through the San Ysidro, California Port of Entry. Davalos, a visa holder, was the driver, sole occupant and registered owner of the 2010 Ford Focus bearing Baja California, Mexico license plates. In pre-primary inspection, a Customs and Border Protection Officer and an assigned Narcotics and Human Detection Dog were conducting roving operations when the canine alerted to the odor of narcotics in the vehicle. The CBP officer questioned Davalos regarding his purpose of travel to the United States and he responded that he was going to “Las Americas” Premium Outlets shopping mall. At the secondary inspection area, CBP officers detected anomalies in the rear seat and rear quarter panels of the vehicle. According to the complaint, officers found 31 packages of fentanyl throughout the vehicle, including in the driver’s side quarter panel, the passenger’s side quarter panel, the driver’s side rear seat, the passenger’s side rear seat, the speaker box and the firewall under the hood.
According to court records, Davalos initially agreed to transport drug proceeds from Los Angeles to Tijuana and the traffickers gave a vehicle to Davalos, who used his new vehicle for work and college. Traffickers also gave money to Davalos to place the vehicle in his own name and directed Davalos to “burn” the plates through the Port of Entry to minimize suspicion. Davalos was also directed to provide receipts of his crossings to the traffickers to confirm that he had multiple crossings. Davalos gave his vehicle to the traffickers the day before he crossed, thereby facilitating the placement of drugs in his vehicle. When he entered the Port the next day as part of a three-vehicle caravan headed to Los Angeles, Davalos suspected that all three vehicles were loaded with drugs.
Rejecting the defense plea for a 30-month sentence, District Court Judge Burns commented that Davalos “did not play a ‘minor’ role in the offense” but rather played a significant part in importing an illegal drug, particularly given the volume of the deadly substance and the specific facts of this case. Judge Burns additionally found it troubling that defendant, a college student in Tijuana, was also a teacher who failed to set a good example for his young students.
“Our district’s work enforcing drug laws has never been more important than it is right now. Cartels are on a mission to use California ports of entry to funnel highly addictive and fatal opioids throughout the United States, exacerbating the deadliest drug crisis in American history,” stated U.S. Attorney Adam Braverman. “Here vigilant law enforcement agents took 800,000 fatal fentanyl doses off the streets, effectively preventing defendant’s deadly fentanyl stash from resulting in thousands of devastating overdoses.”
DEFENDANT Case Number: 18-cr-01120-LAB
Flavio Diego Rivera Davalos Age 20 Tijuana, Mexico
CHARGES
Importation of Controlled Substance: 10 year minimum mandatory to life; fine of $1 million dollars; at least 3 years of supervised release; $100 Special Assessment
AGENCIES
Customs and Border Protection (CBP)
Homeland Security Investigations (HSI)
4 August 2018
Council Bluffs, Iowa Man Sentenced to 120 Months in Prison for Possession of MethamphetamineRead the Press Release
COUNCIL BLUFFS, Iowa – On August 3, 2018, the Honorable Rebecca Goodgame Ebinger sentenced Dale Volney Freeman, 45, of Council Bluffs to 120 months in prison for possession of methamphetamine announced United States Attorney Marc Krickbaum. Freeman was also ordered to serve seven years of supervised release following his imprisonment and pay $100 to the Crime Victims’ Fund.
Dale Freeman pled guilty to the charge on March 23, 2018. This case arose from officers being called to a local motel for a disturbance involving a man with a gun trying to break into a room. When officers arrived they determined that an unknown male had been trying to get into a room which had been rented by Freeman. Officers then found methamphetamine in Freeman’s motel room. Freeman was located in another room where he had over 250 grams of pure methamphetamine. Freeman was also carrying approximately $1,600 cash.
This matter was investigated by Council Bluffs Police Department, Southwest Iowa Narcotics Enforcement Task Force and the Iowa Department of Criminal Investigation Lab. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
3 August 2018
Wood County Man Sentenced for Possessing Child PornographyRead the Press Release
CHARLESTON, W.Va. – A Parkersburg, West Virginia man was sentenced yesterday to federal prison for a child pornography crime, announced United States Attorney Mike Stuart. Craig Williams, 36, was sentenced to 37 months in prison for the felony offense of possessing child pornography. Williams was also required to serve a term of supervised release of ten years. He is also be required to register as a sex offender. Stuart praised the investigative efforts of the Department of Homeland Security - Homeland Security Investigations and the West Virginia State Police.
“Child predators and child pornographers are monsters and true evidence of the existence of evil. It’s always a good day when child pornographers like Williams are put behind bars,” said United States Attorney Mike Stuart. “We must protect our children from exploitation and abuse.”
Williams previously pleaded guilty on April 18, 2018 to possession of child pornography. Specifically, Williams told the Court that on February 19, 2015, he possessed on his computer pictures of prepubescent minors engaged in sex acts. Williams was using a web-based chatting service to access and download child pornography photographs. Williams received the pornographic pictures over the internet while he was living in Kentucky and they were still on his computer when he moved to and was living in Parkersburg, West Virginia. In total, Williams admitted to possessing nearly 2000 images of minors engaged in sex acts, and that some of those images he possessed involved sadistic conduct directed toward the minors in the photographs.
Assistant United States Attorney Erik S. Goes is in charge of the prosecution. The sentencing hearing was held before United States District Judge Irene C. Berger.
This case is being prosecuted as part of Project Safe Childhood, a nationwide initiative of 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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Wetzel County woman admits to connection to a drug distribution operation in Wetzel and Tyler CountiesRead the Press Release
WHEELING, WEST VIRGINIA – Holly C. Jenkins, of New Martinsville, West Virginia, has admitted to her role in methamphetamine, cocaine, and heroin distribution that spanned multiple states, United States Attorney Bill Powell announced.
Jenkins, age 55, pled guilty to one count of “Possession with Intent to Distribute Heroin.” Jenkins admitted to distributing heroin in March 2018 in Wetzel County.
Jenkins faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Robert H. McWilliams, Jr., and Shawn M. Adkins are prosecuting the case on behalf of the government. The Drug Enforcement Administration; the Bureau of Alcohol; Tobacco, Firearms, and Explosives; the Marshall County Drug and Violent Crimes Task Force, a HIDTA-funded initiative; the West Virginia State Police; the Tyler County Sheriff’s Office; the Wetzel County Sheriff’s Office; the Sistersville Police Department; the Paden City Police Department; and the New Martinsville Police Department investigated. The Columbus, Ohio, Police Department Gang Crimes Unit assisted in the case.
The investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Senior U.S. District Judge Frederick P. Stamp, Jr. presided.
Virginia Tax Return Preparer Indicted for Aiding in False Tax Return SchemeRead the Press Release
A federal grand jury has returned an indictment, which was unsealed today, charging a Roanoke, Virginia tax return preparer with aiding and assisting in the preparation of false tax returns and filing a false personal tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Thomas T. Cullen for the Western District of Virginia.
According to the indictment, Saint Julien Pierre owned and operated a tax return preparation business, JP Tax Services, LLC in Roanoke. The indictment alleges Pierre aided and assisted in the preparation of 2013 and 2014 tax returns for his clients that falsely claimed residential energy credits, fuel tax credits, and itemized deductions, including, charitable contributions and unreimbursed employee expenses, in order to fraudulently increase their refunds. The indictment further charges Pierre with filing a false 2013 tax return for himself, on which he fraudulently sought the same fuel tax credit that he falsely claimed on his clients’ returns.
If convicted, Pierre faces a statutory maximum sentence of three years in prison for each count of preparing false tax returns and three years in prison for the count related to his own tax return. He also faces a period of supervised release, restitution, and monetary penalties. An indictment is an accusation. A defendant is presumed innocent until proven guilty.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Cullen thanked special agents of IRS Criminal Investigation, who conducted the investigation, Tax Division Trial Attorney Lauren A. Archer and Assistant United States Attorney Charlene R. Day of the Western District of Virginia, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Van Cleave Man Sentenced to 30 Years in Prison for Possession of Methamphetamine with Intent to DistributeRead the Press Release
Gulfport, Miss. - Terry Lee Reddix, 43, of Vancleave, Mississippi, was sentenced yesterday by U.S. District Judge Louis Guirola, Jr. to 360 months in federal prison, followed by 5 years of supervised release, for possessing with intent to distribute methamphetamine in Vancleave, announced U.S. Attorney Mike Hurst and Special Agent in Charge Christopher Freeze with the Federal Bureau of Investigation.
On May 23, 2016, Terry Lee Reddix sold methamphetamine to a confidential source from his home on the "Hill" in Van Cleave, Mississippi. Reddix had been distributing methamphetamine from that locale for several years and law enforcement was able to make several purchases of methamphetamine from him. His sentence was reflective of his prior criminal history and the extensive organization he ran from the Hill.
The case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney John Meynardie.
U.S. Attorney’s Office salutes everyday superheroes at National Night OutRead the Press Release
WHEELING, WEST VIRGINIA – The United States Attorney’s Office will join law enforcement and community leaders on Tuesday, August 7, in Bridgeport, Clarksburg, Martinsburg, and Wheeling as part of the annual National Night Out crime and drug prevention event, according to U.S. Attorney Bill Powell.
National Night Out was created to strengthen relationships between the community and law enforcement, heighten crime and drug prevention awareness, and help make our neighborhoods safer.
The U.S. Attorney’s Office theme this year is “Thank You to Our Everyday Superheroes,” saluting first responders. Staff from the U.S. Attorney’s office will be asking participants to sign a large thank you card for the organizing police department at each event.
“There’s never been a better time to support our local law enforcement and first responders. These men and women put their lives on the line every day to keep our communities safer. We are proud to participate in National Night Out and to show our gratitude,” said Powell.
The United States Attorney’s Office will be present at four National Night Out events, to include the events at the Bridgeport City Pool in Bridgeport, the VA Park in Clarksburg, the War Memorial Park in Martinsburg, and Wheeling Park in Wheeling. Each of these events will begin at 6 p.m.
National Night Out organizers are expecting over 16,000 communities and 38 million people to take part in community events on Tuesday across the country.
U.S. Attorney's Office Announces Settlement with BNSF RailwayRead the Press Release
MISSOULA – The United States Attorney’s Office announced today that BNSF Railway Company has agreed to settle a lawsuit brought on behalf of the United States Forest Service regarding road use and damage on the Kootenai National Forest.
The lawsuit alleges that BNSF Railway damaged Forest Service roads on the Kootenai National Forest and failed to pay its fair share of costs for its commercial use of Forest Service roads. First, the lawsuit claims that in 2011, a train derailed from the BNSF line and spilled grain in an area along the BNSF line adjacent to a Forest Service road. The United States alleges that the grain removal and clean up from the spill damaged Forest Service roads, and BNSF has refused to pay for the damage to the road. The United States also claims that, since 2014, BNSF Railway has refused to pay the costs for road maintenance and permit fees associated with the use of overweight vehicles during seasonal road closures on the Kootenai National Forest. Last, the United States alleges BNSF Railway has trespassed on numerous Forest Service roads without obtaining the appropriate permits or authority.
Under the settlement, BNSF Railway will pay the United States $200,000. It will also spend up to $750,000 through 2019 to repair and maintain Forest Services roads located on the Kootenai National Forest that were damaged by its past use. In addition, BNSF Railway and the Kootenai National Forest have entered a Commercial Road Use Permit and a Forest Road Operation and Maintenance Agreement. These agreements will govern BNSF Railway’s use of Forest Service roads on the Kootenai National Forest in the future and require BNSF Railway to make annual contributions to Forest Service road maintenance.
“This settlement demonstrates our commitment to ensuring that commercial road users such as BNSF Railway, which utilize public land and roads for their businesses, pay their fair share for the wear and tear they cause to our public resources,” said U.S. Attorney Kurt Alme of the District of Montana. “Our office, in conjunction with the Forest Service, will continue to protect our public resources and ensure that taxpayers are not required to pay for damage caused by a business operating across federal land.
“I am pleased that we have come to a resolution on this issue and look forward to working with BNSF into the future on the Kootenai National Forest,” added Chris Savage, Forest Supervisor for the Kootenai National Forest.
The case, United States of America v. BNSF Railway Company, Cause No. CV-17-20-M-DLC-JCL (D. Mont.) was filed in February 2017 by Assistant U.S. Attorney Megan Dishong and stayed during the parties’ settlement negotiations. Following the settlement between the United States and BNSF Railway, the federal district court has dismissed the case.
Two Former Biscayne Park Patrol Officers Plead Guilty to Deprivation of a Juvenile’s Civil Rights by Intentionally Making False ArrestsRead the Press Release
Acting Assistant Attorney General John Gore, U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida, Katherine Fernandez Rundle, Miami-Dade State Attorney, Robert F. Lasky, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Troy Walker, Special Agent in Charge, Florida Department of Law Enforcement (FDLE), today announced that former Biscayne Park Police Officers Charlie Dayoub and Raul Fernandez pleaded guilty today to depriving a 16-year old juvenile, “T.D.,” of his Civil Rights by falsely arresting T.D. for four unsolved burglaries.
As noted at the hearing and in court filings, on June 13, 2013, former officers Dayoub and Fernandez were both working on duty for the Village of Biscayne Park Police Department. On June 13, their supervisor instructed them to unlawfully arrest and falsely charge T.D., a juvenile previously known to Chief RA and Dayoub, for unsolved burglaries that had occurred in Biscayne Park. Dayoub and Fernandez complied with Chief RA’s instructions and falsely arrested T.D. Fernandez wrote narratives containing fabricated information in support of the four arrest affidavits that falsely claimed an investigation revealed that T.D. had committed the four burglaries. Dayoub signed and attested that the contents of the affidavits were true even though he, like the supervisor and Fernandez, knew that no evidence existed to substantiate the arrest. T.D. was subsequently arrested for the four burglaries.
Dayoub and Fernandez both pleaded guilty to count two of a superseding indictment charging each defendant with deprivation of T.D.’s civil rights, under color of law, in violation of Title 18, United States Code, Section 242. The defendants are both facing up to one year of incarceration as a result of their guilty pleas. The Court set the sentencing date for both of the defendants on Oct. 16.
This case is being investigated by the FBI, including the FBI Miami Area Corruption Task Force, and FDLE, and assisted by the Miami-Dade State Attorney’s Office. This case is being prosecuted by Assistant U.S. Attorney Harry C. Wallace, Jr., Department of Justice Trial Attorney Donald W. Tunnage, and Assistant State Attorney Trent Reichling.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Two Former Biscayne Park Patrol Officers Plead Guilty to Deprivation of a Juvenile’s Civil Rights by Intentionally Making False ArrestsRead the Press Release
U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida, Acting Assistant Attorney General John Gore, Katherine Fernandez Rundle, Miami-Dade State Attorney, Robert F. Lasky, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Troy Walker, Special Agent in Charge, Florida Department of Law Enforcement (FDLE), today announced that former Biscayne Park Police Officers Charlie Dayoub and Raul Fernandez pleaded guilty today to depriving a 16-year old juvenile, “T.D.,” of his Civil Rights by falsely arresting T.D. for four unsolved burglaries.
As noted at the hearing and in court filings, on June 13, 2013, former officers Dayoub and Fernandez were both working on duty for the Village of Biscayne Park Police Department. On June 13, their supervisor instructed them to unlawfully arrest and falsely charge T.D., a juvenile previously known to Chief RA and Dayoub, for unsolved burglaries that had occurred in Biscayne Park. Dayoub and Fernandez complied with Chief RA’s instructions and falsely arrested T.D. Fernandez wrote narratives containing fabricated information in support of the four arrest affidavits that falsely claimed an investigation revealed that T.D. had committed the four burglaries. Dayoub signed and attested that the contents of the affidavits were true even though he, like the supervisor and Fernandez, knew that no evidence existed to substantiate the arrest. T.D. was subsequently arrested for the four burglaries.
Dayoub and Fernandez both pleaded guilty to count two of a superseding indictment charging each defendant with deprivation of T.D.’s civil rights, under color of law, in violation of Title 18, United States Code, Section 242. The defendants are both facing up to one year of incarceration as a result of their guilty pleas. The Court set the sentencing date for both of the defendants on Oct. 16.
This case is being investigated by the FBI, including the FBI Miami Area Corruption Task Force, and FDLE, and assisted by the Miami-Dade State Attorney’s Office. This case is being prosecuted by Assistant U.S. Attorney Harry C. Wallace, Jr., Department of Justice Trial Attorney Donald W. Tunnage, and Assistant State Attorney Trent Reichling.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Two Charged with Stealing Packages and Mail from Apartment Buildings in Shadyside and North OaklandRead the Press Release
PITTSBURGH- Two Allegheny County residents have been indicted by a federal grand jury in Pittsburgh on charges of conspiracy and mail theft, United States Attorney Scott W. Brady announced today.
The four-count indictment, returned on July 31, named Christopher Eric Carr, 45, of Munhall, Pa., and Ron Matthew Sharp, 42, of Duquesne, Pa., as defendants.
According to the indictment, from February through May of 2018, Carr and Sharp entered multiple apartment buildings in the Shadyside and North Oakland areas of Pittsburgh and opened United States Postal Service packages or other mail items that were not addressed to them, stole packages, and stole items from within packages that had been left at authorized mail depositories. Defendants then provided items they had stolen from the mail, including gift cards, to others, who redeemed the gift cards at various locations, including Giant Eagle and GetGo. Defendants also re-sold, and instructed others to attempt to re-sell, items defendants had stolen from the mail.
The law provides for a maximum total sentence of 20 years in prison, a fine of $1,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christy C. Wiegand is prosecuting this case on behalf of the government.
The United States Postal Inspection Service and the United States Department of Homeland Security conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Trail and Boswell Sentenced for Interstate Transportation of Stolen PropertyRead the Press Release
United States Attorney Joe Kelly announced that Bailey Marie Boswell, 24, and Aubrey Clifton Trail, 51, were sentenced today in Lincoln, Nebraska, by United States District Judge John M. Gerrard, for interstate transportation of stolen property. Boswell received a sentence of 5 years, while Trail was sentenced to 10 years in prison. Restitution in the total amount of $407,782 was also ordered to be paid to the two victims in this case. Both were also given 3 years of supervised release.
Beginning in December, 2015, through November, 2017, Trail was falsely representing himself as “Alan Russell,” and approached the victims in this scheme with a proposal to jointly purchase a rare gold coin and share in the profits from the “sale” of that coin. Trail falsely represented the value of the gold coin to be far in excess of the price to be paid by “Russell” and the victim. Trail then requested money from the victims in order to help the “sale” of the coin to purchasers that he claimed to have, when in reality there was never a “sale” and the coin was not a gold coin of such high value.
In an attempt to make the victims believe that the “sale” of the coin was legitimate, in February, 2017, Trail and Boswell set up false documents and websites and Boswell falsely portrayed herself as a broker. Through the course of the scheme, Trail and Boswell would travel from Nebraska to Kansas to pick up money and property from the victims, all under the guise that such money and property was to aide in the “sale” of the gold coin. In total, Trail and Boswell received more than $400,000 in money and property from the victims which they used for personal use.
This case was investigated by the Federal Bureau of Investigation and the Lincoln Police Department.
Tobyhanna Woman Pleads Guilty to Making Straw Purchases of FirearmsRead the Press Release
WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Kassandra Mattox, age 25, of Tobyhanna, Monroe County, pleaded guilty on August 1, 2018, before United States District Court Senior Judge A. Richard Caputo to making false statements to a federally licensed firearms dealer in connection with the purchase of multiple firearms.
According to United States Attorney David J. Freed, Mattox admitted to providing false information regarding the purchase of two firearms from Dunkelberger’s Sports Outfitter, in Stroudsburg, Monroe County, on October 27, 2016. One of the firearms purchased by Mattox was recovered by police during a traffic stop in Monroe County involving another individual. Mattox was previously indicted by a grand jury in September 2017.
A sentencing date for Mattox has not yet been scheduled.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Investigators from the Pennsylvania State Police and the Pocono Mountain Regional Police Department also participated in the investigation. Assistant U.S. Attorney Robert J. O’Hara 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.
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 ten years’ 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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Three Men Sentenced to Prison for Roles in Burglary and Robbery on Hopi ReservationRead the Press Release
PHOENIX – This week, Kaleb June, 24, was sentenced by U.S. District Judge David G. Campbell to 33 months of imprisonment. June, an enrolled member of the Navajo Nation, had previously pleaded guilty to robbery.
On Sept. 10, 2016, June and two others burglarized a Hopi tribal administration building. After leaving the building, they went to a nearby convenience store and robbed it at gunpoint. Each of these crimes occurred in Moenkopi, Ariz., on the Hopi Indian Reservation.
Earlier this year, June’s co-conspirators were likewise sentenced to prison for their roles in the same crimes. Jonathan Phillips, 20, was sentenced to 36 months’ imprisonment after he pleaded guilty to robbery. Morgan Black, 20, was sentenced to 27 months’ imprisonment after he pleaded guilty to burglary. Both Phillips and Black are enrolled members of the Hopi Tribe. June, Phillips, and Black were all living in the Moenkopi-Tuba City area at the time of the crimes.
The investigation in this case was conducted by the Federal Bureau of Investigation and Bureau of Indian Affairs – Office of Justice Services (Hopi Agency). The prosecution was handled by Assistant U.S. Attorney Alexander Samuels, District of Arizona, Phoenix.
CASE NUMBER: CR-16-8256-PCT-DGC; CR-17-8116-PCT-GMS
RELEASE NUMBER: 2018-099_June etal
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Springfield Man Charged with Distributing Crack CocaineRead the Press Release
BOSTON – A Springfield man was arrested today and charged in federal court in Springfield with two counts of distribution of crack cocaine.
Alonzo Williams Jr., 30, was charged in an indictment with two counts of distribution of crack cocaine. Williams appeared in federal court in Springfield today and was detained pending a detention hearing.
The indictment alleges that in October 2017, Williams distributed cocaine base on two occasions.
Williams faces no greater than 30 years in prison, a minimum of six years of supervised release, and a fine of $2 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Springfield Police Commissioner John Barbieri; and Holyoke Police Chief James Neiswanger made the announcement today. Assistance was provided by the Hampden and Berkshire County Sheriff’s Departments, and the West Springfield and Chicopee Police Departments. Assistant U.S. Attorney Neil L. Desroches of Lelling’s Springfield Branch Office 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.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Sioux Falls Man Sentenced to 30 Years for Distribution and Receipt of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that U.S. District Judge Karen E. Schreier sentenced a Sioux Falls, South Dakota, man convicted of distribution and receipt of child pornography on August 2, 2018.
Jason Jorgenson, age 33, was sentenced to 30 years in federal prison, followed by 10 years of supervised release, ordered to pay $100 to the Federal Crime Victims Fund, and forfeit his cell phone.
Jorgenson was indicted for possession, distribution, and receipt of child pornography by a federal grand jury on May 9, 2017. He pled guilty on April 2, 2018.
Jorgenson is a repeat felon. Before the commission of these particular crimes, he had been released from prison in September 2016 after serving a four-year prison sentence for a previous child exploitation felony conviction. In December of 2016 and January 2017, the National Center for Missing and Exploited Children (NCMEC) generated two cyber-tips about child pornography being distributed from Jorgenson's residence in Sioux Falls. An investigation of Jorgenson by Homeland Security Investigations led to the discovery of multiple internet accounts he was using to receive and distribute digital files of child pornography, often using false names to try to hide his identity.
This case was investigated by the Homeland Security Investigations of the Department of Homeland Security and the South Dakota Internet Crimes Against Children Task Force. Assistant U.S. Attorney Jeff Clapper prosecuted the case.
Jorgenson was immediately turned over to the custody of the U.S. Marshals Service.
Salvadoran National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON - A Salvadoran national was sentenced today in federal court in Boston for illegally reentering the United States after being deported.
Wilfredo Carmona-Ponce, 38, was sentenced by U.S. District Court Judge Denise J. Casper to 15 months in prison and two years of supervised release. Carmona-Ponce will be subject to deportation proceedings upon completion of his sentence.
On March 23, 2016, law enforcement officers in Stoneham encountered Carmona-Ponce and determined him to be illegally present in the United States. Carmona-Ponce was previously deported on March 19, 2014.
United States Attorney Andrew E. Lelling and Rebecca Adducci, Interim Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Patrick Callahan of Lelling’s Criminal Division prosecute the case.
Randolph County man admits to making a destructive deviceRead the Press Release
ELKINS, WEST VIRGINIA – Robert C. Ard, of Elkins, West Virginia, has admitted to charges involving two homemade explosive devices found in his home, United States Attorney Bill Powell announced.
Ard, age 54, pled guilty to one count of “Making an Unlawful Firearm.” Ard admitted to making a firearm, that is a destructive device.
On June 18, 2018, a search warrant was executed at Ard’s residence because agents had reason to believe there were explosive devices and materials used to make an IED. Upon searching the apartment, agents found two destructive devices and additional components used to construct said devices.
Ard faces up to 10 years incarceration and a fine of $10,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the West Virginia State Police investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Prime Healthcare Services and its CEO Agree to Pay $65 Million to Settle Medicare Overbilling Allegations at 14 California HospitalsRead the Press Release
LOS ANGELES – Prime Healthcare Services, Inc.; Prime Healthcare Foundation, Inc.; Prime Healthcare Management, Inc.; and Prime’s Founder and chief executive officer, Dr. Prem Reddy, have agreed to pay the United States $65 million to settle allegations that 14 Prime hospitals in California knowingly submitted false claims to Medicare by admitting patients who required only less costly, outpatient care and by billing for more expensive patient diagnoses than the patients had (a practice known as “up-coding”).
Under the settlement agreement, Reddy will pay $3.25 million and Prime will pay $61.75 million.
Headquartered in Ontario, California, Prime Healthcare Services and the not-for-profit Prime Healthcare Foundation constitute one of the largest hospital systems in the nation, with 45 acute-care hospitals located in 14 states.
The following 10 hospital defendants owned by Prime Healthcare Services are parties to the settlement agreement: Alvarado Hospital Medical Center, Garden Grove Medical Center, La Palma Intercommunity Hospital, Desert Valley Hospital, Chino Valley Medical Center, Paradise Valley Hospital, San Dimas Community Hospital, Shasta Regional Medical Center, West Anaheim Medical Center and Centinela Hospital Medical Center. Four other hospital defendants owned by Prime Healthcare Foundation are also parties to the settlement agreement: Sherman Oaks Hospital, Montclair Hospital Medical Center, Huntington Beach Hospital and Encino Hospital Medical Center. Prime Healthcare Management, a subsidiary of Prime Healthcare Services, provides management, consulting and support services to hospitals owned and operated by Prime.
The settlement resolves allegations that, from 2006 through 2013, Prime engaged in a deliberate, corporate-driven scheme to increase inpatient admissions of Medicare beneficiaries who originally presented to the Emergency Departments at the 14 Prime hospitals in California. The government claimed that the inpatient admission of these beneficiaries was not medically necessary because their symptoms and treatment needs should have been managed in a less-costly outpatient or observation setting. Hospitals generally receive significantly higher payments from Medicare for inpatient admissions as opposed to outpatient treatment; therefore, the admission of beneficiaries who do not need inpatient care, as alleged here, can result in substantial financial harm to the Medicare program.
The settlement also resolves allegations that, from 2006 through 2014, Prime engaged in up-coding by falsifying information concerning patient diagnoses, including complications and comorbidities, in order to increase Medicare reimbursement.
“Patients and taxpayers who finance health care programs such as Medicare deserve to know that doctors are making decisions solely based on medical need – and not based on a corporate desire to increase billings,” said First Assistant United States Attorney Tracy Wilkison. “The Justice Department is committed to preserving the integrity of public health programs and preventing improper billing practices.”
“This settlement reflects our ongoing commitment to ensure that health care providers appropriately bill Medicare,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Charging the government for higher cost inpatient services that patients do not need, and for higher-paying diagnoses than the patients have, wastes the country’s valuable health care resources.”
Prime also entered into a Corporate Integrity Agreement with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) requiring the company to engage in significant compliance efforts over the next five years. Under the agreement, Prime is required to retain an independent review organization to review the accuracy of the company’s claims for services furnished to Medicare beneficiaries.
“When health care companies try to boost their profits by billing federal health care programs for more expensive services than they needed to provide, the Office of Inspector General will ensure they are held accountable for their deceptive schemes,” said Christian J. Schrank, Special Agent in Charge for the HHS-OIG’s, Los Angeles Regional Office.
“Those who engage in health care fraud, including corrupt doctors and medical professionals driven by greed, exploit helpless or unwitting patients in violation of the oath they took to protect us – and often American taxpayers are the victims,” said Paul D. Delacourt, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “By reaching this settlement, the FBI and our partners are holding Prime Healthcare accountable for exaggerating patients’ needs and inflating the severity of their symptoms while handsomely lining their pockets. This case should send a clear message to others who intend to engage in similar schemes that rout the American healthcare system.”
This settlement resolves a False Claims Act (FCA) lawsuit filed in federal court in Los Angeles by Karin Berntsen, the former director of performance improvement at Alvarado Hospital Medical Center in San Diego. Under the qui tam, or whistleblower, provisions of the FCA, private citizens are permitted to bring lawsuits on behalf of the United States and obtain a portion of the government’s recovery. The FCA also permits the government to intervene and take over the lawsuit, as it did in this case as to some of Ms. Berntsen’s allegations. Ms. Berntsen will receive $17,225,000 as her portion of the settlement amount.
Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The settlement was a result of a coordinated effort by the Civil Division’s Commercial Litigation Branch, the United States Attorney’s Office for the Central District of California, the Federal Bureau of Investigation’s Los Angeles Field Office, FBIHQs Major Provider Response Team, and HHS-OIG.
The case is United States ex rel. Karin Berntsen v. Prime Healthcare Services, Inc., et al., CV11-08214-PJW (C.D. Cal.). The claims resolved by this settlement are allegations only and there has been no determination of liability.
Prime Healthcare Services and CEO to Pay $65 Million to Settle False Claims Act AllegationsRead the Press Release
Prime Healthcare Services, Inc., Prime Healthcare Foundation, Inc., and Prime Healthcare Management, Inc. (collectively Prime), and Prime’s Founder and Chief Executive Officer, Dr. Prem Reddy, have agreed to pay the United States $65 million to settle allegations that 14 Prime hospitals in California knowingly submitted false claims to Medicare by admitting patients who required only less costly, outpatient care and by billing for more expensive patient diagnoses than the patients had (a practice known as “up-coding”), the Justice Department announced today. Under the settlement agreement, Dr. Reddy will pay $3,250,000 and Prime will pay $61,750,000.
“This settlement reflects our ongoing commitment to ensure that health care providers appropriately bill Medicare,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Charging the government for higher cost inpatient services that patients do not need, and for higher-paying diagnoses than the patients have, wastes the country’s valuable health care resources.”
Headquartered in Ontario, California, Prime Healthcare Services and not-for-profit Prime Healthcare Foundation constitute one of the largest hospital systems in the nation, with 45 acute-care hospitals located in 14 states. The following 10 hospital defendants owned by Prime Healthcare Services are parties to the settlement agreement: Alvarado Hospital Medical Center, Garden Grove Medical Center, La Palma Intercommunity Hospital, Desert Valley Hospital, Chino Valley Medical Center, Paradise Valley Hospital, San Dimas Community Hospital, Shasta Regional Medical Center, West Anaheim Medical Center and Centinela Hospital Medical Center. The following 4 hospital defendants, owned by Prime Healthcare Foundation, are also parties to the settlement agreement: Sherman Oaks Hospital, Montclair Hospital Medical Center, Huntington Beach Hospital and Encino Hospital Medical Center. Prime Healthcare Management, a subsidiary of Prime Healthcare Services, provides management, consulting and support services to hospitals owned and operated by Prime.
The settlement resolves allegations that from 2006 through 2013, Prime engaged in a deliberate corporate-driven scheme to increase inpatient admissions of Medicare beneficiaries who originally presented to the Emergency Departments at 14 Prime hospitals in California. The government claimed that the inpatient admission of these beneficiaries was not medically necessary because their symptoms and treatment needs should have been managed in a less costly outpatient or observation setting. Hospitals generally receive significantly higher payments from Medicare for inpatient admissions as opposed to outpatient treatment; therefore, the admission of beneficiaries who do not need inpatient care, as alleged here, can result in substantial financial harm to the Medicare program. The settlement also resolves allegations that, from 2006 through 2014, Prime engaged in up-coding by falsifying information concerning patient diagnoses, including complications and comorbidities, in order to increase Medicare reimbursement.
“Patients and taxpayers who finance health care programs such as Medicare deserve to know that doctors are making decisions solely based on medical need – and not based on a corporate desire to increase billings,” said First Assistant United States Attorney Tracy Wilkison for the Central District of California. “The Justice Department is committed to preserving the integrity of public health programs and preventing improper billing practices.”
Prime also entered into a Corporate Integrity Agreement with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) requiring the company to engage in significant compliance efforts over the next five years. Under the agreement, Prime is required to retain an independent review organization to review the accuracy of the company’s claims for services furnished to Medicare beneficiaries.
“When health care companies try to boost their profits by billing federal health care programs for more expensive services than they needed to provide, the Office of Inspector General will ensure they are held accountable for their deceptive schemes,” said Christian J. Schrank, Special Agent in Charge for the HHS-OIG’s, Los Angeles Regional Office.
“Those who engage in health care fraud, including corrupt doctors and medical professionals driven by greed, exploit helpless or unwitting patients in violation of the oath they took to protect us - and often American taxpayers are the victims,” said Paul D. Delacourt, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “By reaching this settlement, the FBI and our partners are holding Prime Healthcare accountable for exaggerating patients’ needs and inflating the severity of their symptoms while handsomely lining their pockets. This case should send a clear message to others who intend to engage in similar schemes that rout the American healthcare system.”
This settlement resolves a lawsuit filed under the False Claims Act (FCA) in the U.S. District Court for the Central District of California by Karin Berntsen, former Director of Performance Improvement at Alvarado Hospital Medical Center in San Diego. Under the qui tam or whistleblower provisions of the FCA, private citizens are permitted to bring lawsuits on behalf of the United States and obtain a portion of the government’s recovery. The FCA also permits the government to intervene and take over the lawsuit, as it did in this case as to some of Ms. Berntsen’s allegations. Ms. Berntsen will receive $17,225,000 as her portion of the settlement amount.
The government’s resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The settlement was a result of a coordinated effort by the Civil Division’s Commercial Litigation Branch, the United States Attorney’s Office for the Central District of California, the Federal Bureau of Investigation’s Los Angeles Field Office, FBIHQs Major Provider Response Team, and the HHS-OIG.
The case is captioned United States ex rel. Karin Berntsen v. Prime Healthcare Services, Inc., et al. No. CV 11-08214 PJW (C.D. Cal.). The claims resolved by this settlement are allegations only and there has been no determination of liability.
Pittsburgh Felon Sentenced to Prison for illegally Possessed and Sold FirearmsRead the Press Release
PITTSBURGH – A resident of Allegheny County has been sentenced in federal court to 30 months imprisonment and three years supervised release on his convictions for violating federal firearms laws, United States Attorney Scott W. Brady announced today.
On August 3, 2018, United States District Court Judge Mark Hornak imposed the sentence on Dalton Douglas Duschl, age 23, of Pittsburgh, Pennsylvania.
According to information presented to the court, between January 3, 2017, and February 13, 2017, Duschl, a felon, knowingly possessed and sold four firearms, two of which were stolen, to undercover law enforcement agents. Federal law prohibits an individual who has been convicted of a felony from possessing a firearm.
Assistant United States Attorney Jerome A. Moschetta prosecuted this case on behalf of the government.
United States Attorney Brady commended the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Allegheny County Police Department for the investigation leading to the successful prosecution of this case.
Opioid Crisis Update: Men Make Federal Appearances on Heroin ChargesRead the Press Release
United States Attorney Ron Parsons announces that three men have made their initial appearances before U.S. Magistrate Judge Veronica L. Duffy on charges related to their heroin distribution in the Sioux Falls area.
Maurice Cathey, age 37, of Chicago, Illinois, was indicted by a federal grand jury for conspiracy to distribute heroin resulting in death and serious bodily injury. Cathey appeared before Judge Duffy on July 19, 2018. He was returned to the custody of the Minnehaha County Sheriff. If convicted, Cathey faces a mandatory period of twenty years in prison and a maximum of life.
Jacob Lottman, age 25, of Sioux Falls, South Dakota, was indicted by a federal grand jury for distribution of heroin resulting in serious bodily injury. Lottman appeared before Judge Duffy on July 13, 2018, and was placed into the custody of the U.S. Marshals. If convicted, Lottman faces a mandatory period of twenty years in prison and a maximum of life.
Devlin Tommeraasen, age 23, of Sioux Falls, South Dakota, was indicted by a federal grand jury for conspiracy to distribute heroin. Tommeraasen appeared before Judge Duffy on July 19, 2018. He was placed into the custody of the U.S. Marshals. If convicted, Tommeraasen faces a maximum of twenty years in prison.
The charges are merely accusations and these defendants are presumed innocent until and unless proven guilty.
Approximately 64,000 Americans lost their lives to drug overdoses in 2016 – the highest drug death toll in American history. This year, at least twelve drug overdose deaths have occurred in Minnehaha County alone.
Many of the drug overdoses occurring in South Dakota in the past year have resulted from the sale of heroin laced with fentanyl – a synthetic opioid much stronger than heroin. Fentanyl is sold in many forms, such as powder, crystals, or liquid, and even a tiny amount can kill. The estimated lethal dose of pharmaceutical grade fentanyl in humans is two milligrams, the mass of about two grains of salt, shown next to a Lincoln penny in the picture below:
Even worse, fentanyl analogues, like carfentanil, are even more potent than fentanyl and are being trafficked with increasing frequency.
Fentanyl can be mixed into other drugs, such as heroin and cocaine, or pressed into pills and sold as counterfeit prescription drugs. Users who seek to obtain these other drugs often have no idea that they are actually putting something much deadlier into their bodies.
The U.S. Attorney’s Office is working closely with the Sioux Falls Area Drug Task Force, Drug Enforcement Administration, the Minnehaha County Sheriff’s Office, and our other federal, state, and local law enforcement partners to investigate and prosecute these cases.
Opinion: Protecting Americans from Violent OffendersRead the Press Release
By Thomas T. Cullen
U.S. Attorney, Western District of Virginia
As we enter the 2018 midterm season and the attendant legislative interregnum, Congress can and should take bipartisan action to protect us from repeat violent offenders.
In 1984, President Reagan signed into law the Armed Career Criminal Act (ACCA). Under the ACCA, felons convicted of unlawfully possessing a firearm face a mandatory minimum sentence of 15 years if they had three or more prior convictions for a “serious drug offense” or a “violent felony.”
This federal statute, along with other criminal-justice initiatives, including parole abolition, bail reform, and the U.S. Sentencing Guidelines, were passed to address an alarming two-decade increase in violent crime.
As Attorney General Jeff Sessions recently noted, between 1964 and 1980, the number of robberies and rapes tripled, aggravated assaults nearly tripled, and murders doubled.
The ACCA and these other reforms were a resounding success. Between 1991 and 2014, the murder and aggravated-assault rates decreased by half. Robberies decreased by two-thirds and rapes by more than a third.
The U.S. Supreme Court in 2015 dealt a severe blow to the ACCA and violent-crime reduction efforts. In Johnson v. United States, the Court considered whether Samuel Johnson, an avowed white supremacist who had confessed to planning multiple acts of domestic terrorism, should be subject to the mandatory 15-year sentence under the ACCA after pleading guilty to the possession of an AK-47 rifle, several other firearms, and over 1,000 rounds of ammunition as a previously convicted felon.
At issue in Johnson was whether one of the defendant’s multiple prior felony convictions – unlawful possession of a sawed-off shotgun – constituted a “violent felony” under the statute. The Court determined that this prior conviction did not qualify and that Johnson therefore could not face the mandatory penalty. In reaching this conclusion, the Court held that the ACCA’s so-called “residual clause,” which included, in the definition of a violent felony, offenses that involved “conduct that presents a serious risk of physical injury to another,” was unconstitutionally vague and struck it from the statute.
In the three years since the Supreme Court gutted the ACCA, and in the absence of a “legislative fix,” lower federal courts have struggled to craft and apply a consistent framework for deciding whether—and under what circumstances—various categories of seemingly violent offenses can still be counted towards enhanced penalties.
The results have been inconsistent and absurd. For example, courts across the country have recently held that sexual abuse by forcible compulsion, armed robbery, resisting arrest, assault and battery on a police officer, felony domestic assault, terroristic threatening, interfering with a flight crew, sex trafficking of a minor, conspiracy to commit murder in aid of racketeering, and, perhaps most ironically, using a firearm during and in relation to a crime of violence do not constitute violent crimes. As then-Chief Judge of the U.S. Court of Appeals for the Fourth Circuit William B. Traxler, Jr., lamented in a recent case, “And this, finally, is what we have come to: plotting to murder one’s fellow human beings is not a crime of violence. Heaven help us.”
As a result of Johnson and the cases that followed in its wake, federal prosecutors are no longer able to obtain meaningful sentences for repeat violent offenders. That problem is compounded by the fact that, in the three years since Johnson was decided, more than 1400 recidivist offenders have successfully petitioned for early release from prison. Of those who have been out of prison at least two years, a majority have already reoffended. And as Attorney General Sessions recently noted, of the 1400 inmates released in the last three years, 600 have already been re-arrested on average, at least three times. This number is staggering.
Among the Johnson reoffenders who won early release are Jeffrey Giddings, Abe Martinez, and Jerrod Baum. In August 2016, following his release from prison, Giddings, who previously had racked up more than 20 convictions between 1991 and his incaceration, shot an Oregon police officer and took two restaurant employees hostage. In June, Martinez absconded from a Utah half-way house before murdering his 89-year-old grandmother. Earlier this year, Baum, also of Utah, allegedly kidnapped and murdered a teenage couple before throwing their bodies down an abandoned mine shaft. But for Johnson, all of these victims would be alive today.
Over the past several months, Attorney General Sessions, DOJ, and the U.S. Attorney community have attempted to increase awareness in Congress on this critical issue. These initial efforts met with some resistance by members of both parties who generally oppose the application of mandatory minimums in cases involving non-violent drug offenders.
The persistence, however, is beginning to pay off. Many who were initially skeptical about ACCA-reform efforts now correctly realize that punishing recidivist violent offenders has absolutely nothing to do with the application of mandatory minimums in drug cases. Stated differently, there may be an emerging consensus in Congress that a member can advocate for drug-sentencing reform while taking action to restore the authority of federal prosecutors to target violent career criminals with guns.
It’s time for Congress to act on the ACCA. Unless this important statute is returned to its intended use, we are all less safe.
Northwest ENT Associates, P.C. to pay approximately $1.2 million to resolve False Claims Act allegationsRead the Press Release
ATLANTA –Northwest ENT Associates, P.C. (“Northwest ENT”), a Marietta, Georgia based professional corporation, has agreed to pay $1,195,361 to resolve allegations that it violated the False Claims Act by submitting claims for sinus dilation procedures in which it re-used balloon catheters that were intended for single use only.
“When healthcare providers take shortcuts in order to increase their financial bottom line, their patients are put at risk and federal funds are diverted from legitimate medical procedures,” said U. S. Attorney Byung J. “BJay” Pak. “This settlement demonstrates our commitment to pursuing healthcare providers who put their own financial well-being ahead of the well-being of their patients.”
“The goal of our agency is to protect the health and safety of the American tax payer,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “We will continue to work with our law enforcement partners by investigating allegations where the health and safety of Medicare beneficiaries are at risk.”
“American consumers expect and deserve that the devices used by their health care practitioners during medical procedures are not only safe and effective, but also have been held under sanitary conditions,” said Peter Kuehl, Acting Special Agent in Charge, Food and Drug Administration, Office of Criminal Investigations’ Miami Field Office. “FDA remains fully committed to working with the Department of Justice and our law enforcement partners to hold those who place profits before the health and safety of patients fully accountable.”
“This settlement demonstrates the Government’s commitment to protect public funds that support the operations of our armed forces healthcare program (TRICARE) from fraud and abuse,” said John F. Khin, Special Agent in Charge, Defense Criminal Investigative Service-Southeast Field Office. “Every military contractor that submits claims must ensure that its claims are billed appropriately. DCIS and its partnering agencies will continue to vigorously pursue defense contractors that disregard billing requirements.”
“Federal employees deserve health care providers that meet the highest standards of ethical and professional behavior,” said Bret Mastronardi, Special Agent in Charge for the Office of Personnel Management - Office of the Inspector General. “Today’s settlement reminds all providers that they must observe those standards, and reflects the OPM-OIG’s commitment to pursuing improper and illegal billings that increase the cost of medical care.”
Northwest ENT has five office locations, operates a single specialty surgery center, and provides services at four hospitals in Georgia. The physicians at Northwest ENT specialize in the medical field of otolaryngology and are commonly referred to as “ear nose and throat” or “ENT” physicians.
Among the procedures that Northwest ENT performed, is the treatment of sinusitis with a “balloon catheter,” which is inserted into the patient’s sinus and inflated by the physician to enlarge the sinus cavity. The balloon catheters that Northwest ENT used was cleared by the U.S. Food and Drug Administration as intended for single use only. Despite this, the physicians at Northwest ENT re-used the devices on their patients, instead of using a new device for each patient. The civil settlement resolves the government’s investigation into these allegations.
The government alleges that Northwest ENT violated the False Claims Act, 31 U.S.C. § 3729, et seq., by causing the submission of false claims to Medicare, TRICARE and Federal Employee Health Benefit Plans for sinus dilation procedures during the period March 1, 2011 through March 30, 2012, in which the single-use balloon catheters were re-used on their patients.
In addition, pursuant to a Non-Prosecution Agreement with the United States, Northwest ENT has accepted responsibility for its actions. It has entered into a three-year Integrity Agreement with the Office of the Inspector General of the Department of Health and Human Services. Under the agreement, an independent organization will review Northwest ENT’s claims quarterly for medical necessity, accurate coding, and safe and appropriate use of medical devices.
This case was investigated by the U.S. Attorney’s Office for the Northern District of Georgia, the U.S. Department of Health and Human Services - Office of Inspector General, the Food and Drug Administration – Office of Criminal Investigations, the Defense Criminal Investigative Service, and the Office of Personnel Management - Office of the Inspector General.
The civil settlement was reached by Assistant U.S. Attorney Neeli Ben-David, Deputy Chief of the Civil Division. The criminal resolution was reached by Assistant U.S. Attorney Randy Chartash.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Northwest ENT Settlement Agreement
NW ENT Settlement AgreementNorth Carolina Man Sentenced to Prison for Role in Multi-State Dog Fighting ProsecutionRead the Press Release
A North Carolina man was sentenced yesterday to one year and one day in prison to be followed by three years of supervised release for his role in dog fighting activities, announced Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division, U.S. Attorney Matthew G.T. Martin for the Middle District of North Carolina and Special Agent in Charge Bethanne M. Dinkins for the U.S. Department of Agriculture’s Office of Inspector General.
On Jan. 12, Brexton Redell Lloyd, 54, of Eagle Springs, North Carolina, pleaded guilty to one felony count of conspiracy and two felony counts of possession and training a dog intended for use in an animal fighting venture, contrary to the animal fighting provisions of the federal Animal Welfare Act.
According to documents filed with the court, Lloyd participated with Justin “Jay” Love and others in a multi-state dog fighting conspiracy. These documents describe Lloyd and Love’s attempt to set up a dog fight between Lloyd and an unknown opponent in October 2015 and Lloyd’s breeding and training activities. Court documents further note that last year, federal agents seized 13 pitbull-type dogs from Lloyd’s residence. Ten of the dogs were secured outdoors by excessive chains, wearing thick collars, and positioned so that each dog was out of reach of any other dog. The other dogs were housed individually in pens. The water in the dogs’ bowls was frozen. Two of the four adult dogs seized exhibited scars consistent with dog fighting, and a third adult dog had four fractured teeth. In addition to the dogs, agents seized items related to training dogs for dog fighting purposes, including: a spring pole, a dog harness, and a hanging scale. Agents also seized veterinary supplies, including intravenous fluids, intravenous administration sets stated for “Veterinary Use Only,” injectable and other antibiotics, a 100-count package of syringes, blood-clotting medications such as Blood Stop Powder, and a skin stapler.
“Animal cruelty like the conduct in this case has no place in a civilized society,” said Acting Assistant Attorney General Wood. “Yesterday’s sentencing sends a strong message that we are bringing to justice those who engage in illegal dog fighting and that anyone who engages in this conduct does so at the risk of significant jail time.”
“Dog fighting isn’t entertainment, it’s organized crime, and it has no place in our society,” said United States Attorney Matthew G.T. Martin for the Middle District of North Carolina. Martin added, “I thank our law enforcement partners at the Department of Agriculture, the Federal Bureau of Investigation, the Moore County Sheriff’s Office, and the N.C. State Highway Patrol for their exceptional coordination in bringing this defendant to justice.”
“The provisions of the Animal Welfare Act were designed to protect animals from being used in illegal fighting ventures, which often entail other forms of criminal activity involving drugs, firearms and gambling,” said Special Agent in Charge Dinkins for USDA OIG. “Together with the Department of Justice, animal fighting is an investigative priority for USDA OIG, and we will work with our law enforcement partners to investigate and assist in the criminal prosecution of those who participate in animal fighting ventures.”
This case is part of Operation Grand Champion, a coordinated effort across numerous federal judicial districts to combat organized dog fighting. The phrase “Grand Champion” is used by dog fighters to refer to a dog with more than five dog fighting “victories.” To date, over one hundred dogs have been rescued as part of Operation Grand Champion, and either surrendered or forfeited to the government. The Humane Society of the United States assisted with the care of the dogs seized by federal law enforcement.
This case was investigated by USDA OIG and FBI, with assistance from the Moore County Sheriff’s Office and the North Carolina Highway Patrol, and was prosecuted by Trial Attorney Erica H. Pencak of the Justice Department’s Environmental Crimes Section and Assistant U.S. Attorney JoAnna G. McFadden of the Middle District of North Carolina.
North Carolina Man Sentenced to Prison for Role in Multi-State Dog Fighting ProsecutionRead the Press Release
WASHINGTON - A North Carolina man was sentenced yesterday to one year and one day in prison to be followed by three years of supervised release for his role in dog fighting activities, announced Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division, U.S. Attorney Matthew G.T. Martin for the Middle District of North Carolina and Special Agent in Charge Bethanne M. Dinkins for the U.S. Department of Agriculture’s Office of Inspector General.
On Jan. 12, Brexton Redell Lloyd, 54, of Eagle Springs, North Carolina, pleaded guilty to one felony count of conspiracy and two felony counts of possession and training a dog intended for use in an animal fighting venture, contrary to the animal fighting provisions of the federal Animal Welfare Act.
According to documents filed with the court, Lloyd participated with Justin “Jay” Love and others in a multi-state dog fighting conspiracy. These documents describe Lloyd and Love’s attempt to set up a dog fight between Lloyd and an unknown opponent in October 2015 and Lloyd’s breeding and training activities. Court documents further note that last year, federal agents seized 13 pitbull-type dogs from Lloyd’s residence. Ten of the dogs were secured outdoors by excessive chains, wearing thick collars, and positioned so that each dog was out of reach of any other dog. The other dogs were housed individually in pens. The water in the dogs’ bowls was frozen. Two of the four adult dogs seized exhibited scars consistent with dog fighting, and a third adult dog had four fractured teeth. In addition to the dogs, agents seized items related to training dogs for dog fighting purposes, including: a spring pole, a dog harness, and a hanging scale. Agents also seized veterinary supplies, including intravenous fluids, intravenous administration sets stated for “Veterinary Use Only,” injectable and other antibiotics, a 100-count package of syringes, blood-clotting medications such as Blood Stop Powder, and a skin stapler.
“Animal cruelty like the conduct in this case has no place in a civilized society,” said Acting Assistant Attorney General Wood. “Yesterday’s sentencing sends a strong message that we are bringing to justice those who engage in illegal dog fighting and that anyone who engages in this conduct does so at the risk of significant jail time.”
“Dog fighting isn’t entertainment, it’s organized crime, and it has no place in our society,” said United States Attorney Matthew G.T. Martin for the Middle District of North Carolina. Martin added, “I thank our law enforcement partners at the Department of Agriculture, the Federal Bureau of Investigation, the Moore County Sheriff’s Office, and the N.C. State Highway Patrol for their exceptional coordination in bringing this defendant to justice.”
“The provisions of the Animal Welfare Act were designed to protect animals from being used in illegal fighting ventures, which often entail other forms of criminal activity involving drugs, firearms and gambling,” said Special Agent in Charge Dinkins for USDA OIG. “Together with the Department of Justice, animal fighting is an investigative priority for USDA OIG, and we will work with our law enforcement partners to investigate and assist in the criminal prosecution of those who participate in animal fighting ventures.”
This case is part of Operation Grand Champion, a coordinated effort across numerous federal judicial districts to combat organized dog fighting. The phrase “Grand Champion” is used by dog fighters to refer to a dog with more than five dog fighting “victories.” To date, over one hundred dogs have been rescued as part of Operation Grand Champion, and either surrendered or forfeited to the government. The Humane Society of the United States assisted with the care of the dogs seized by federal law enforcement.
This case was investigated by USDA OIG and FBI, with assistance from the Moore County Sheriff’s Office and the North Carolina Highway Patrol, and was prosecuted by Trial Attorney Erica H. Pencak of the Justice Department’s Environmental Crimes Section and Assistant U.S. Attorney JoAnna G. McFadden of the Middle District of North Carolina.
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Nicaraguan National Pleads Guilty to Illegal Reentry of a Removed AlienRead the Press Release
U.S. Attorney Duane A. Evans announced that PAULO EMILIO OSABAS-MUNGUIA, age 32, a citizen of Nicaragua, pleaded guilty today to a one-count Bill of Information for illegal reentry of a removed alien, in violation of Title 8, United States Code, Section 1326(a).
According to the court documents, OSABAS-MUNGUIA was found in the United States on or about April 18, 2018, after having been previously removed on August 12, 2009.
At sentencing, OSABAS-MUNGUIA faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment. Sentencing is set for September 6, 2018 before United States District Judge Jane Triche Milazzo.
U.S. Attorney Evans praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Michael M. Simpson is in charge of the prosecution.
New London Man Sentenced to 46 Months in Federal Prison for Role in Heroin Trafficking RingRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that WILFREDO LEBRON, also known as “Tony,” 47, of New London, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 46 months of imprisonment, followed by one year of supervised release, for his role in a southeastern Connecticut heroin trafficking ring.
According to court documents and statements made in court, this matter stems from an investigation that began after several heroin overdoses in southeastern Connecticut, including two overdose deaths involving a heroin and fentanyl mix that occurred in January 2016. The investigation, which included court-authorized wiretaps and controlled purchases of narcotics, revealed that Michael Luciano operated a drug trafficking organization that distributed heroin to numerous street-level dealers, including LEBRON, in southeastern Connecticut.
On December 12, 2017, a grand jury in Hartford returned a 25-count superseding indictment charging LEBRON, Luciano and 19 other individuals with various heroin trafficking offenses. LEBRON was arrested on December 14, 2017. On April 27, 2018, he pleaded guilty to one count of use of a telephone to facilitate the commission of a drug trafficking felony. He has been detained since his arrest.
LEBRON’s criminal history includes five felony convictions.
Luciano, of New London, has been detained since his arrest on November 14, 2017. On June 27, 2018, he pleaded guilty to one count of conspiracy to distribute, and to possess with intent to distribute, one kilogram or more of heroin.
This matter is being investigated by the Drug Enforcement Administration, U.S. Marshals Service, Internal Revenue Service – Criminal Investigation Division, Homeland Security Investigations, Connecticut State Police Statewide Narcotics Task Force East and the New London, Norwich, Waterford, Attleboro (Mass.) and Freetown (Mass.) Police Departments.
The case is being prosecuted by Assistant U.S. Attorneys S. Dave Vatti and Jocelyn Courtney Kaoutzanis.
Naugatuck Man Pleads Guilty to Crack Offense, Admits Violating Supervised ReleaseRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ADAM STRONG, 38, of Naugatuck, waived his right to be indicted and pleaded guilty today in New Haven federal court to one count of conspiracy to possess with the intent to distribute, and to distribute, cocaine base (“crack cocaine”). STRONG also admitted that he violated the conditions of his supervised release from a prior federal conviction.
According to court documents and statements made in court, in February and May 2018, law enforcement conducted two controlled purchases of crack cocaine from STRONG. The investigation revealed that between March 2017 and May 2018, STRONG conspired to distribute more than 250 grams of crack to customers in the Naugatuck and Waterbury areas. At the time, STRONG was on supervised release following a 2016 federal conviction for trafficking cocaine and crack.
STRONG was arrested on May 8, 2018.
STRONG is scheduled to be sentenced by U.S. District Judge Alvin W. Thompson on October 25, 2018, at which time he faces a maximum term of imprisonment of 30 years for the narcotics offense, and a maximum term of imprisonment of three years for violating his supervised release.
STRONG’s criminal history also includes two state robbery convictions.
This matter is being investigated by the Drug Enforcement Administration New Haven Task Force, with the assistance of the Naugatuck Police Department. The Task Force includes participants from the New Haven, Hamden, West Haven, North Haven, Branford, Ansonia, Meriden, Derby and Middletown Police Departments, the U.S. Marshals Service and the Internal Revenue Service – Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney Avi M. Perry.
Massachusetts Man Convicted of Heroin Trafficking Conspiracy ChargeRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank, announced that Myron Crosby, Jr., a/k/a “Templer”, 54, of Springfield, Massachusetts, was convicted yesterday following a four-day jury trial in U.S. District Court of conspiracy to distribute and possess with the intent to distribute a kilogram or more of heroin.
The evidence at trial established that between August 2015 and January 2016, Crosby supplied between 60,000 and 80,000 bags of heroin (totaling more than a kilogram) from his operations in Hartford, Connecticut and Springfield, Massachusetts to co-conspirators from the Newport, Maine area who distributed the drugs in the Newport area.
The defendant faces between 10 years and life in prison, an $8,000,000 fine, and between eight years and life on supervised release.
The case was investigated by the U.S. Drug Enforcement Administration, with assistance provided by the Maine and Massachusetts State Police, and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
Mason County Couple Sentenced to Federal Prison for Drug TraffickingRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Mike Stuart announced that yesterday Eugene “Gene” Asbury, 70, and Natasha “Tess” Clonch, 33, of Gallipolis Ferry were each sentenced to 63 months in federal prison for conspiracy to distribute synthetic cannabinoids. Stuart praised the investigative work of the West Virginia State Police and the United States Postal Inspection Service.
“Asbury and Clonch were selling extremely dangerous illegal synthetics,” said United States Attorney Mike Stuart, “and making major bank from selling drugs. I believe in holding folks accountable for their actions. In this case that means prison PLUS the $1.6 million judgment PLUS forfeiting every single asset gained through their druggie activities. Poison peddlers engage in selling drugs to make money and, when we catch them, I’ll do all I can to take every single penny.”
Asbury and Clonch pled guilty in August 2017, admitting that between July 2013 and January 2016 they had been selling Schedule I controlled substances and controlled substance analogues from a retail store they operated on Huntington Road in Mason County called “Pipes and More” or “The Scent Shop.” The synthetics were sold under various brand names including “Earthquake,” “Heaven’s Grass,” Get Real,” “Scooby Snax,” “ Super Kush,” and “Mister Nice Guy.”
In January 2016, after making several controlled purchases of synthetics, police executed federal search warrants at the couple’s residence, “The Scent Shop,” and another of their businesses, the “Rt. 35 Adult Video and Bookstore.” Police seized more than 2.5kg of synthetics and approximately $30,000 cash. Approximately $159,000 was seized from the couple’s bank accounts. Financial records revealed that Asbury and Clonch purchased the synthetics from a wholesaler in California using money orders totaling more than $258,000. The defendants admitted that they made approximately $1.6 million by selling the synthetics.
As part of their plea agreements, Asbury and Clonch agreed to forfeit $189,090 in seized money, a restored 1952 Oldsmobile, a restored 1957 Chevrolet Bel Air, unimproved real estate, and the imposition of a $1.6 million money judgment. They admitted that these assets represented the proceeds of their drug trafficking activities.
Assistant U.S. Attorney Josh Hanks handled the prosecution. United States District Judge Robert C. Chambers imposed the sentence.
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Manchester Man Pleads Guilty to Making a False Statement During the Acquisition of a FirearmRead the Press Release
CONCORD, N.H. – Tyler Bourgoin, 24, of Manchester, pleaded guilty in federal court to making a false statement during the acquisition of a firearm, United States Attorney Scott W. Murray announced today
According to court documents and statements made in court, on March 16, 2017, Bourgoin purchased a Glock, Model 42, .380 caliber pistol from Riley’s Sport Shop, a federally licensed firearms dealer located in Hooksett, New Hampshire. When Bourgoin completed the required paperwork to make the purchase, he falsely claimed that he was the actual purchaser of the firearm. An investigation revealed that in fact, Bourgoin bought the gun for another person who had given him the money to make the purchase. The Manchester Police Department later recovered the gun in June 2017 during an unrelated drug investigation.
Bourgoin is scheduled to be sentenced on November 20, 2018.
“So-called ‘straw purchases’ of guns like the transaction in this case may endanger the public by putting firearms in the hands of criminals who use them to commit other crimes,” said U.S. Attorney Murray. “Prosecuting these cases is a top priority of the U.S. Attorney’s Office to deter illegal firearms transactions and get illegally acquired guns off the street.”
This case was investigated by the Manchester Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case is being prosecuted by Assistant U.S. Attorney Debra M. Walsh.
The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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MS-13 Gang Members Charged with Murder Conspiracy and Attempted Murder in QueensRead the Press Release
Earlier today, Melvi Amador-Rios, Santos Amador-Rios, Yan Carlos Ramirez and Antonio Salvador were charged in a four-count indictment with assault, murder conspiracy and attempted murder in-aid-of racketeering, along with a related firearms offense. The defendants were arrested today and will be arraigned this afternoon before United States Magistrate Judge Marilyn D. Go at the federal courthouse in Brooklyn.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the indictment.
“As alleged, the defendants are members of MS-13, an international gang known for its culture of violence and murder,” stated United States Attorney Donoghue. “They used their positions to direct, instruct and assist lower-level gang members to shoot and kill a suspected rival on the streets of Jamaica, Queens. We will continue to work with our law enforcement partners to hold accountable those who spread fear in our communities by participating in such acts of violence.” Mr. Donoghue thanked the Queens District Attorney’s Office for its assistance in the investigation.
“Since January 2016, the FBI Safe Streets Gang Task Forces in Queens and Long Island have arrested more than 45 of the most violent MS-13 members in the area and charged them with murder, attempted murder, arson, and assault,” stated FBI Assistant Director-in-Charge Sweeney. “Today’s operation is a continuation of this coordinated and sustained effort. The task force will not stand by while this gang engages in meaningless violence in an attempt to use fear to poison and control our communities.”
“Through close collaboration with our law enforcement partners at the FBI and the Eastern District of New York, the NYPD will continue to conduct aggressive, precisely-directed investigations into criminal groups like this,” stated NYPD Commissioner O’Neill. “Such cases result in strong indictments that ultimately send these criminals to prison. And this important work stanches the violence – which is an essential step toward healing gang-plagued communities and fulfilling our duty to work with and protect all New Yorkers, in every neighborhood.”
According to court filings, the defendants are members of the La Mara Salvatrucha, or MS-13. Melvi Amador-Rios is the leader of the Centrales Locos Salvatruchas (CLS) clique of MS-13, which operates in Jamaica, Queens. On October 22, 2016, Amador-Rios directed a low-level CLS member, known as a “chequeo,” to obtain a firearm from his brother, Santos Amador-Rios, and use the firearm to murder a rival gang member. The CLS chequeo obtained the firearm and enlisted two other CLS chequeos to assist in the murder. Yan Carlos Ramirez and Antonio Salvador instructed the three CLS chequeos how to use the firearm to carry out the murder. During the early morning hours of October 23, 2016, in Jamaica, Queens, the three CLS chequeos confronted the suspected member of the rival 18th Street gang, beat the victim and shot him in the head. The victim survived the attack, but is now a paraplegic.
The charges in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
Today’s 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, a violent international criminal organization. The MS-13’s leadership is based in El Salvador and Honduras, but the gang has thousands of members across the United States, comprised primarily of immigrants from Central America. 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 district, and has convicted dozens of MS-13 leaders and members in connection with those murders. These prosecutions are the product of investigations led by our law enforcement partners including the FBI’s Safe Streets Task Force, comprising agents and officers of the FBI and NYPD.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Nadia E. Moore and Nadia I. Shihata are in charge of the prosecution.
The Defendants:
MELVI AMADOR-RIOS (also known as “Letal” and “Pinky”)
Age: 27
Briarwood, New YorkSANTOS AMADOR-RIOS (also known as “Rayo”)
Age: 31
Jamaica, New YorkYAN CARLOS RAMIREZ (also known as “Demente”)
Age: 28
Jamaica, New YorkANTONIO SALVADOR (also known as “Pantro”)
Age: 30
Jamaica, New YorkE.D.N.Y. Docket No. 18-CR-398 (RRM)
Leominster Woman Pleads Guilty to Stealing Social Security and Veterans BenefitsRead the Press Release
BOSTON – A Leominster woman pleaded guilty today in federal court in Worcester to stealing Social Security and Veterans Affairs benefits.
Joyce Progin, 71, pleaded guilty to two counts of theft of public funds. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Nov. 2, 2018. Progin was arrested and charged in January 2018.
In November 2009, Progin’s former father-in-law passed away. At the time of his death, the father-in-law was receiving monthly retirement benefits from Social Security and monthly benefits from the Department of Veterans Affairs. Neither agency was advised of his death and continued to deposit his benefit payments into a bank account he held jointly with Progin, who was his caregiver. Although she admitted knowing that she was not entitled to the money, from November 2009 through March 2017, Progin received approximately $55,267 in Social Security benefits, and from November 2009 through November 2017, she received approximately $269,978 in benefits from the Department of Veterans Affairs, in total, stealing over $300,000 in public funds.
The charge of theft of public funds provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; and Sean Smith, Special Agent in Charge of the Department of Veterans Affairs, Office of Inspector General, Northeast Field Office, made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit is prosecuting the case.
Leader of Robbery Crew that Staged String of Jewelry Store Heists that Netted $6 Million Sentenced to 55 Years in Federal PrisonRead the Press Release
SANTA ANA, California – The leader of a ring that staged a series of daytime smash-and-grab robberies at Southern California jewelry stores that netted the thieves $6 million worth of Rolex and other high-end watches was sentenced today to 55 years in federal prison.
Keith Marvel Walton, 47, of South Los Angeles, a senior member of the Inglewood Family Gangster Bloods criminal street gang who organized the armed robberies, was sentenced by United States District Judge Cormac J. Carney.
During today’s sentencing hearing, Judge Carney said the robberies – which were “planned, organized and led” by Walton, and were carried out during the daytime in public shopping malls – “terrified people and traumatized them for the rest of their lives.”
Walton, who is also known by the monikers “Green Eyes” and “Fly Guy,” “is likely the most dangerous, prolific, and incorrigible criminal who has ever appeared before the Court for sentencing,” prosecutors said in a sentencing memorandum filed with the court.
Walton was one of five men convicted following a five-week trial last summer in United States District Court (guilty verdicts against the fifth defendant were overturned by the court in a matter currently being appealed by prosecutors). The jury convicted Walton of conspiring to violate the Hobbs Act by planning the jewelry store robberies, as well as participating in three of the robberies, two of which involved firearms. Walton committed these offenses soon after pleading guilty in federal court to being a convicted felon in possession of firearms and ammunition. Walton’s extensive criminal record, according to court documents, also includes a 1995 federal conviction for participating in a Hobbs Act robbery of Texas drug store and using a firearm in that robbery.
“Walton is dangerous, violent, and manipulative,” according to the sentencing memorandum. “He knows little else but crime and violence.”
Prosecutors have secured convictions against a total of 19 defendants who were involved in at least one of the smash-and-grab robberies.
Last week, one of those defendants – Stanley Ford, 49, of Lancaster – was sentenced to 25 years in prison for participating in five of the robberies.
Members of the conspiracy selected jewelry stores based on their inventory of expensive watches, including those manufactured by Rolex, Audemar Piguet and TAG Heuer. Walton and other organizers in the scheme recruited financially desperate young men to perform the robberies, often by promising large sums of money if they were successful. The organizers planned the details of the robberies, including selecting the display cases to be smashed and providing the firearms, tools, disguises and stolen cars that were used in the robberies.
The conspiracy was responsible for 14 robberies or attempted robberies between early August 2014 and April 2016. One heist at a store in the Century City mall netted more than $1.6 million in watches and involved one of the robbers firing a shot from a rifle at a security guard who was trying to secure the store. Members of the conspiracy stole watches and other jewelry that was cumulatively worth approximately $6 million.
The other three trial defendants pending sentencing are:
Robert Wesley Johnson, 29, of Inglewood – who recruited robbers, scouted the jewelry stores leading up to the robberies, and supplied firearms, hammers, backpacks and other tools to the robbers who went into the jewelry stores – is scheduled to be sentenced on September 7;
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Evan Scott, 29, of Compton, who was a gunman in two of the robberies, and pepper sprayed an employee in a third robbery and is expected to be sentenced later this year; and
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Jameson Laforest, 26, of Inglewood, who received watches stolen during robberies in Hollywood and Torrance and smashed glass cases during a robbery in Manhattan Beach and is scheduled to be sentenced on August 20.
The evidence at trial showed that the defendants participated in at least one of the following eight robberies:
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the August 3, 2014 robbery of Prestige Jewelers in Manhattan Beach, during which 19 Rolex watches with an approximate retail value of $92,000 were stolen;
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the August 24, 2015 armed robbery of Rolex Boutique Geary’s in the Century City Mall, during which 40 Rolex watches with an approximate retail value of $1.63 million were stolen;
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the October 21, 2015 armed robbery of Frederic H. Rubel Jewelers in the Shops at Mission Viejo, during which 40 Rolex watches and David Yurman jewelry with an approximate retail value of $595,000 were stolen;
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the January 22, 2016 armed robbery of Manya Jewelry in Woodland Hills, during which three Rolex watches and other assorted watches and jewelry with an approximately retail value of $108,888 were stolen;
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the February 7, 2016 robbery of Ben Bridge Jewelers in the Oaks Mall in Thousand Oaks, during which 35 Rolex watches with an approximate retail value of $298,000 were stolen;
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the February 17, 2016 armed robbery of Westime in West Hollywood, during which 15 Audemars Piguet watches with an approximately retail value of $576,200 were stolen;
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the February 29, 2016 armed robbery of Ben Bridge Jewelers in the Del Amo Fashion Center in Torrance, during which 30 Rolex watches with an approximate retail value of $456,325 were stolen;
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the March 22, 2016 robbery of Westime in Malibu, during which 66 Audemars Piguet, Breitling, Franck Muller, Omega and Hublot watches with an approximate retail value of $1.42 million were stolen; and
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the April 24, 2016 robbery of Ben Bridge Jewelers in Santa Monica, during which 24 Tag Heuer watches with an approximate retail value of $67,500 were stolen.
The investigation into the robbery ring was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Los Angeles County Sheriff's Department.
The prosecutors handing this matter are Assistant United States Attorneys Scott D. Tenley of the Santa Ana Branch Office, Jeffrey M. Chemerinsky of the Violent and Organized Crime Section, and Julia L. Reese of the Criminal Appeals Section.
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Las Cruces Man Pleads Guilty to Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Steven Vaillancourt, II, 45, of Las Cruces, N.M., pled guilty today in federal court to distributing and possessing child pornography. As the result of his guilty plea, Vaillancourt faces a statutory mandatory minimum penalty of five years and a maximum of 20 years of imprisonment for distributing child pornography and a maximum penalty of 20 years of imprisonment for possessing child pornography. Vaillancourt also will be required to register as a sex offender.
Vaillancourt was arrested on child pornography offenses in March 2018. According to the criminal complaint in which he was charged, Homeland Security Investigations (HSI) executed a search warrant on an email account, which revealed that Vaillancourt had been communicating with another individual about sharing and producing child pornography of that individual’s minor children. Vaillancourt also sent three child pornography images to the individual’s cellular phone through text messaging.
Vaillancourt was indicted on July 18, 2018. The indictment charged Vaillancourt with two counts of distributing child pornography and three counts of possessing child pornography. According to the indictment, Vaillancourt committed the offenses in March 2018 in Dona Ana County, N.M.
During today’s proceedings, Vaillancourt pled guilty to one count of distributing child pornography and three counts of possessing child pornography. In entering the guilty plea, Vaillancourt admitted sending two images of child pornography to another person on March 12, 2018. Vaillancourt also admitted that law enforcement officers who executed a search warrant at his residence on March 13, 2018, found three hard drives that contained an aggregate of 6,431 images and 90 videos of child pornography.
Vaillancourt has been in custody since his arrest and will remain in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces office of HSI and the Las Cruces Police Department with assistance from the National Recognizance Office, Office of Inspector General. Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For information about Project Safe Childhood, please visit http://www.justice.gov/psc/. Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center at (575) 526-3437, or to contact Homeland Security Investigations at 1-866-DHS-2-ICE.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 86 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Lafayette man pleads guilty to possessing stolen pistolRead the Press Release
ALEXANDRIA, La. – United States Attorney David C. Joseph announced that a Lafayette man pleaded guilty Thursday to possessing a stolen pistol he had purchased on the street.
Paul Sidney Breaux, 37, of Lafayette, pleaded guilty before U.S. District Judge Dee D. Drell to one count of possession of a stolen firearm. According to the guilty plea, Lafayette police arrested Breaux on May 1, 2018. At the time of his arrest, he possessed a Springfield Armory Model 1911 pistol and was aware it was stolen. He told officers he had purchased the firearm five days earlier on the street from some younger males.
Breaux faces up to 10 years in prison, three years of supervised release and a $250,000 fine. The court set the sentencing date for October 31, 2018.
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 the Lafayette Police Department conducted the investigation. Assistant U.S. Attorney Dominic Rossetti is prosecuting the case.
Jacksonville, Texas Man Sentenced for Methamphetamine TraffickingRead the Press Release
TYLER, Texas – A 33-year-old Jacksonville, Texas man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Carlos Brejohn Battle pleaded guilty on Mar. 21, 2018, to possession with intent to distribute methamphetamine and was sentenced to 100 months in federal prison by U.S. District Judge Ron Clark on Aug. 2, 2018.
According to information presented in court, a federal investigation into wide-spread drug trafficking in East Texas resulted in a federal indictment being returned by a grand jury on Oct. 18, 2017, charging eight individuals with multiple drug trafficking and firearms related charges including conspiracy to distribute and possess with intent to distribute methamphetamine, cocaine and other controlled substances; possession with intent to distribute methamphetamine, cocaine, and other controlled substances; use, carrying, possession of firearms in furtherance of a drug trafficking crime; felon in possession of firearms; distribution of methamphetamine near a playground; possession with intent to distribute methamphetamine and aiding and abetting; possession with intent to distribute methamphetamine on premises where children are present; and aiding and abetting.
Carlton Deshan Johnson, 28, of Jacksonville, pleaded guilty on Mar. 21, 2018, to possession with intent to distribute methamphetamine and was sentenced to 130 months in federal prison by Judge Clark on Aug. 1, 2018.
David Lee Williams, 32, of Jacksonville, pleaded guilty on Mar. 22, 2018, to possession with intent to distribute methamphetamine and was sentenced to 57 months in federal prison on Aug. 1, 2018, by Judge Clark.
This case is being investigated by the Federal Bureau of Investigation, the Cherokee County Sheriff's Office, and the Texas Department of Public Safety and prosecuted by Assistant U.S. Attorney Mary Ann Cozby.
Inmate at FCI-Berlin Sentenced for Attempted Drug PossessionRead the Press Release
CONCORD, N.H. –United States Attorney Scott W. Murray announced today that John McLaurin, 28, an inmate at FCI-Berlin, was sentenced to an additional six months in federal prison for attempting to possess a controlled substance within a federal prison.
According to documents filed with the court and statements made at the sentencing hearing, McLaurin placed a greeting card in the mail at the prison on or about September 15, 2017. Prison staff intercepted the card and found a note hidden in the card. The note provided detailed instructions for obtaining a synthetic cannabinoid (commonly referred to as K2) and smuggling it into the prison.
McLaurin previously pleaded guilty on April 19, 2018.
The Bureau of Prisons investigated this case. Assistant United States Attorney Donald A. Feith prosecuted this case.
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Illegal alien sentenced to 6 months in prison for resisting deportation ordersRead the Press Release
ALEXANDRIA, La. – United States Attorney David C. Joseph announced that a Togo national was sentenced Wednesday to six months in prison for refusing to leave the country twice after being ordered to depart.
Aboudou Waka, 34, of Kpalime, Togo, was sentenced by U.S. District Judge Dee D. Drell on two counts of failure to depart. Evidence admitted at a two-day trial that ended May 4, 2018 showed that on two occasions U.S. Immigration and Customs Enforcement agents attempted to remove Waka via an escorted commercial flight from the Alexandria International Airport. The defendant hampered deportation efforts on March 13, 2017 and April 11, 2017 by verbally and physically resisting attempts to escort him onto the plane.
The U.S. Immigration and Customs Enforcement - Enforcement and Removal Operations conducted the investigation. Assistant U.S. Attorney T. Forrest Phillips prosecuted the case.
Houma Man Pleads Guilty to Crack and Gun ChargesRead the Press Release
U.S. Attorney Duane A. Evans announced that LIONEL THOMAS, age 34, of Houma, pled guilty today to crack cocaine and firearms charges.
According to court documents, THOMAS possessed with the intent to distribute at least 28 grams of crack cocaine. The government billed THOMAS as a multiple offender with a prior felony drug conviction. As a result, for that drug charge, THOMAS faces a term of imprisonment of at least ten years and up to life, a fine of up to $8,000,000, and at least eight years of supervised release following any term of imprisonment,
THOMAS also pled guilty to possession of firearms in furtherance of a drug trafficking crime. THOMAS possessed a Seekins Precision Model SBA-15, .223 caliber semi-automatic assault rifle, and a Taurus Model PT145 Pro, .45 caliber semi-automatic pistol. For the firearms charge, THOMAS faces a minimum term of imprisonment of five years, which must run consecutive to any other sentence, and a maximum term of life imprisonment, a fine of $250,000, and up to five years of supervised release following any term of imprisonment.
Judge Carl Barbier set sentencing for November 1, 2018.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration and the Terrebonne Parish Sheriff’s Office. Assistant U.S. Attorney Nicholas D. Moses is in charge of the prosecution.
Haverhill Man Sentenced for Fentanyl and Heroin ConspiracyRead the Press Release
BOSTON – A Haverhill man was sentenced today in federal court in Boston for his role in an opioid trafficking conspiracy involving the distribution of fentanyl, heroin, and oxycodone across Massachusetts and Florida.
Jesus Gonzalez, 23, was sentenced by U.S. District Court Judge Denise J. Casper to 100 months in prison and four years of supervised release. In April 2018, Gonzalez pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute over 100 grams of heroin and/or 40 grams of fentanyl, one count of conspiracy to distribute and to possess with intent to distribute oxycodone, and one count of conspiracy to launder monetary instruments.
Gonzalez was arrested in June 2016 for his role in a widespread conspiracy involving heroin, fentanyl, and opioid pill trafficking, as well as money laundering offenses in Massachusetts and Florida. From at least 2014, Gonzalez obtained heroin and fentanyl from sources in Massachusetts and conspired with others to distribute the narcotics, including approximately 230 grams of a mixture of heroin and fentanyl in November 2015. Gonzalez also participated in a conspiracy to obtain oxycodone pills from Florida, have them shipped to Massachusetts, and then distributed. Finally, Gonzalez participated in a conspiracy to launder and conceal the proceeds of the sale of narcotics by using funnel bank accounts to send money to Florida.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; Delany De-Leon Colon, Acting Inspector in Charge of the U.S. Postal Inspection Service; John Gibbons, U.S. Marshal for the District of Massachusetts; and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement today. Valuable assistance was provided by the Massachusetts State Police and the Biddeford (Maine), Framingham, Haverhill, Lawrence, Manchester (N.H.), Methuen, Millis, Natick, Stoughton, and Waltham Police Departments. Assistant U.S. Attorneys Nadine Pellegrini and Craig Estes of Lelling’s Office prosecuted the case.
Guatemalan Man Sentenced to Time Served for Illegal Entry into the United StatesRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Henry Giovanny Paiz-Morales, 24, of Guatemala, pleaded guilty today in U.S. District Court to illegally entering the United States and was sentenced by U.S. Magistrate Judge John C. Nivison to time served (five days).
Court records reveal that on July 29, 2018, the defendant entered the United States from Canada in Sandy Bay Township, Maine at a location not designated for entry. U.S. Border Patrol agents located him shortly after he entered. He is a Guatemalan citizen and did not have immigration documents allowing him to enter. He has been placed in removal proceedings.
He faced up to 180 days in prison and a $5,000 fine.
The investigation was conducted by the U.S. Border Patrol.
Guatemala National Sentenced with Illegal ReentryRead the Press Release
U.S. Attorney Duane A. Evans announced that FERNANDO PEREZ-YOK age 26, a citizen of Guatemala, was sentenced yesterday after previously pleading guilty to a one-count Bill of Information for illegally re-entering the United States in violation of Title 8, United States Code, Section 1326(a).
According to the Bill of Information, FERNANDO PEREZ-YOK was found in the United States on or about March 8, 2018, after having been previously removed therefrom on or about May 29, 2012.
FERNANDO PEREZ-YOK was sentenced to time served, one year supervised release after imprisonment, and a $100.00 special assessment.
U.S. Attorney Evans praised the work of the United States Department of Homeland Security, Immigration and Customs Enforcement in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
Granger Man Sentenced to 168 Months in Prison and Ordered to Pay $1,410,580.31 in RestitutionRead the Press Release
SOUTH BEND –James P. LeDonne, age 63, of Granger, Indiana, was sentenced by U.S. District Court Judge Jon E. DeGuilio after pleading guilty to mail and wire fraud, announced U.S. Attorney Kirsch.
LeDonne was sentenced to 168 months in prison, followed by 1 year of supervised release, and ordered to pay $1,410,580.31 in restitution to his victims.
According to documents in this case, from 2008 through 2014, LeDonne engaged in a fraud scheme involving a series of businesses that purported to manufacture fiber optic repair vehicles. LeDonne persuaded customers to order vehicles and send money for down payments, but then failed to fulfill orders. The scheme involved selling vehicles that LeDonne did not own or that did not exist, with LeDonne (and LeDonne’s employees at his direction) repeatedly lying to customers about the status of production schedules, delivery dates, and refunds. To avoid returning money to customers and other creditors, his businesses would file bankruptcy and he would start a new business that would start up the same fraud scheme with new customers. LeDonne defrauded at least 63 customers from at least 31 states and four foreign countries.
This case is the result of an investigation by the Indiana State Police Organized Crime and Corruption Unit and the FBI Financial Crimes Task Force, and was prosecuted by Assistant U.S. Attorneys Gary Bell and Luke Reilander.
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Four people indicted for their roles in conspiracy to distribute cocaine in Youngstown areaRead the Press Release
Four people were charged in a 13-count federal indictment for their roles in a conspiracy to distribute cocaine in the Youngtown area.
Indicted are: Lawrence L. Whited, aka Chunk, aka Lamont, 47, of Youngstown; Jeanne M. George, 47, of Youngstown; Jonathan F. Brown, aka Joe Brown, 50, of Austintown, and Eva N. Whisel, 34, of Youngstown.
Whited, between January 2016 through December 2017, supplied cocaine to George and Brown for distribution in the Youngstown area. George and Brown supplied cocaine to Whisel for distribution in the Youngstown area, according to the indictment.
Whited is also charged with using firearms in furtherance of his drug trafficking and being a felon in possession of firearms. Whited possessed a Taurus 9 mm pistol, two Smith & Wesson .38-caliber revolvers and ammunition on Sept. 28, 2017, despite a previous conviction for felonious assault, according to the indictment.
If convicted, the defendants’ sentences 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.
The investigation was conducted by the Federal Bureau of Investigation and the Mahoning Valley Law Enforcement Task Force. The matter is being prosecuted by Assistant U.S. Attorney David M. Toepfer.
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.
Former Subcontractor on Dulles Metrorail Project Pleads Guilty to Fraud ConspiracyRead the Press Release
ALEXANDRIA, Va. – A Florida man pleaded guilty today to conspiring to commit wire fraud in connection with the extension of the Silver Line, also known as Phase II of the Dulles Metrorail Project.
According to court documents, Andrew Nolan, 28, was the Quality Control Manager for a subcontractor hired to produce concrete for the Dulles Metrorail Project until approximately June 2016. While serving as the QC Manager, Nolan, and quality control employees under his supervision, falsified test records for the Dulles Metrorail Project to make it appear as though air content for the concrete was within the required range of air content. Nolan falsified test records knowing that the general contractor for the Dulles Metrorail Project would reject the concrete had it known that the concrete fell below the required air content for the project, which is partially funded by a U.S. Department of Transportation loan.
Nolan pleaded guilty to conspiracy to commit wire fraud and faces a maximum of five years in prison when sentenced November 9. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
The Civil Division for the U.S. Attorney’s Office for the Eastern District of Virginia and the Virginia Attorney General’s Office filed a complaint in intervention against Nolan and others under the federal False Claims Act and the Virginia Fraud Against Taxpayers Act on July 9, in connection with the concrete provided to the Dulles Metrorail Project.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Mark R. Herring, Attorney General of Virginia, Floyd Sherman, Regional Special Agent in Charge, U.S. Department of Transportation, Office of Inspector General, and Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after U.S. District Judge T.S. Ellis accepted the plea. Assistant U.S. Attorney Uzo Asonye is prosecuting the criminal case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-292.