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Wednesday 20 June 2018
Eastside Hollygrove Resident Pleads Guilty to Drug and Firearm ViolationsRead the Press Release
U.S. Attorney Duane A. Evans announced that DWAYNE LABRANCH, a/k/a “Mondo,” a/k/a “Black,” age 35, of New Orleans, pled guilty on June 18 to one count of conspiring to distribute and to possess with intent to distribute heroin and fentanyl; one count of conspiring to possess firearms in furtherance of drug trafficking; and one count of discharging a firearm in a school zone.
On LABRANCH’s drug conspiracy count, LABRANCH is facing a mandatory minimum sentence of 10 years’ imprisonment, a maximum sentence of life, a possible fine of up to $8,000,000, and at least eight years of supervised release upon his release from prison. On the firearm conspiracy count, LABRANCH is facing a maximum sentence of 20 years’ imprisonment, a possible fine of up to $250,000, and not more than three years of supervised release. On the discharging a firearm in a school zone count, LABRANCH is facing a maximum sentence of 5 years’ imprisonment, a possible fine of up to $100,000, and not more than one year of supervised release.
U.S. District Judge Sarah S. Vance will sentence LABRANCH on October 3, 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.
U.S. Attorney Evans praised the work of the FBI New Orleans Gang Task Force (NOGFT), which led this investigation and was assisted by the Drug Enforcement Administration, New Orleans Police Department, St. Tammany Parish Sheriff’s Office, Jefferson Parish Sheriff’s Office, and the Orleans Parish District Attorney’s Office. Assistant United States Attorneys Brandon S. Long, David Haller, and Edward Rivera are in charge of the prosecution.
East Chicago Man Sentenced to 70 Months in PrisonRead the Press Release
HAMMOND- Jose “Zay” Santiago , 40, of Hammond, Indiana, was sentenced before District Court Judge Joseph Van Bokkelen on his plea of guilty to conspiracy to distribute cocaine and crack cocaine announced U.S. Attorney Thomas L. Kirsch II.
Santiago was sentenced to 70 months imprisonment and 3 years of supervised release upon completion of his prison term. According to documents in this case, in the fall of 2016, Santiago along with co-conspirators were involved in a drug trafficking organization in East
Chicago. Santiago was an integral part of the conspiracy and assisted Deandrea “Shorty Black” Davis in procuring the kilograms of cocaine that kept a 24/7 drug operation going in the heart of East Chicago.
This case was investigated by the Drug Enforcement Administration Lake County HIDTA Group and the East Chicago Police Department and was prosecuted by Assistant United States Attorney Thomas McGrath.
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Dunkirk Man Pleads Guilty to Selling CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Michael Pacheco, aka Michael Dominguez, 27, of Dunkirk, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute, and distribution of, 500 grams or more cocaine. The charge carries a mandatory minimum sentence of 10 years in prison, a maximum of life and a $10,000,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that between July 2016 and May 2, 2017, the defendant conspired with co-defendant Fred Santiago to distribute kilogram quantities of cocaine in and around the Western District of New York. Pacheco obtained cocaine from Santiago for sale and distribution to others.
During the time of the conspiracy, the defendant made at least two undercover drug sales to law enforcement officers on April 19, 2017, and April 26, 2017. On May 2, 2017, Pacheco was arrested and found with cocaine on his person, which was intended for sale.
Today’s plea is the culmination of an investigation by the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Evans Police Department, under the direction of Chief Douglas Czora; the Dunkirk Police Department, under the direction of Chief David Ortolano; and the Chautauqua County Drug Task Force, under the direction of Sheriff Joseph Gerace.Sentencing is scheduled for September 20, 2018, at 3:30 p.m. before Judge Geraci.
Dominican National Pleads Guilty to Illegal Reentry After DeportationRead the Press Release
BOSTON - A Dominican national pleaded guilty today in federal court in Boston to illegally reentering the United States after being deported.
Herminio Polanco-Huma, 26, a Dominican national formerly residing in Lawrence, pleaded guilty to one count of illegal reentry of a deported alien. U.S. District Court Judge Nathaniel Gorton scheduled sentencing for Sept. 20, 2018.
In February 2017, federal law enforcement encountered Polanco-Huma in Florida and determined that he was illegally present in the United States. Polanco-Huma was placed into removal proceedings, and on Feb. 21, 2017, he was deported to the Dominican Republic.
In November 2017, Polanco-Huma was encountered awaiting trial at the Essex County House of Corrections having been arrested for distribution of cocaine. Polanco-Huma’s prints were obtained and found to be a positive match to prints contained in his Alien File. In May 2018, Polanco-Huma was convicted in Essex Superior Court of distribution of cocaine and sentenced to three years and one day in prison.
Polanco-Huma faces a sentence of no greater than two years in prison, three years of supervised release, a fine of $250,000, and will be subject to deportation upon completion of his sentence. 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 and Rebecca J. 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 Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.
Detroit Man Sentenced to 30 Years in Prison for Distribution of Fentanyl Laced Heroin That Resulted in DeathRead the Press Release
A Detroit man was sentenced yesterday to 30 years in prison for the January 2017 sale of fentanyl laced heroin that resulted in the death of a 36 year old Westland man, announced United States Attorney Matthew Schneider.
Schneider was joined in the announcement by Special Agent in Charge Timothy Plancon, Drug Enforcement Administration, Detroit Division and Chief Jeff Jedrusik of the Westland Police Department.
Sentenced was Alxleotold Gordon, 46. Gordon pleaded guilty on September 18, 2017 before U.S. District Judge Robert H. Cleland. Co-defendant Lori Ann Pangborn also pleaded guilty and was sentenced to 108 months in prison last December.
According to court records, the victim in this case was supplied heroin by Lori Ann Pangborn, Gordon’s co-defendant, while the victim was in a recovery house attempting to overcome his heroin addiction. Gordon, who has numerous felony drug convictions, was sentenced following his guilty pleas to Distribution of a Controlled Substance Resulting in Death, Possession of Controlled Substances (Heroin) With the Intent to Distribute, Possession of Firearms by a Previously Convicted Felon and Possession of Firearms in Furtherance of a Drug Trafficking Crime.
“This conviction and sentence is particularly important given Mr. Gordon’s numerous previous felony conviction for narcotics distribution offenses,” stated U.S. Attorney Schneider. “Persons addicted to opiates face nearly insurmountable challenges in beating their addiction. Those who make it available to users guarantee failure in that fight.”
“This sentence is the culmination of numerous hours of dedicated work by Westland Police Officers and DEA Agents” said Special Agent Plancon. “DEA will continue to aggressively target and prosecute drug trafficking crimes involving heroin as part of the effort to address the ongoing opiate crisis that is threatening the safety of Detroit’s citizens.”
An important component to the federal prosecution was swift and successful investigation and undercover work by officers of the Westland Policed Department.
Chief Jedrusik of the Westland Police stated, “Westland Detectives and Officers from the Special Investigations Unit conducted a thorough and professional investigation, quickly determined the defendants’ identities and orchestrated a seamless undercover operation and search warrant resulting in Gordon and Pangborn’s arrest. Their hard work and dedication is a credit to the Westland Police Department.”
Westland Police Department and the Detroit office of the DEA investigated the case. Assistant U.S. Attorneys Erin Shaw and John O’Brien of the Eastern District of Michigan prosecuted the case.
Detroit Man Pleads Guilty to Unemployment Insurance Fraud, Illegal Gun PossessionRead the Press Release
A Detroit man pleaded guilty today to conspiring to engage in mail fraud and being a felon in possession of a firearm, U.S. Attorney Matthew Schneider announced.
Schneider was joined in the announcement by James Vanderberg, Special Agent-in-Charge, Chicago Region, U.S. Department of Labor Office of Inspector General.
According to court records, Charles H. Alexander, 54, of Detroit, participated in a multi-year scheme to fraudulently obtain unemployment insurance benefits. Alexander acknowledged that as part of the scheme, he obtained personal identifying information of third parties and caused unemployment benefits to be issued in the names of those third parties—even though those individuals had no legitimate entitlement to such benefits. Alexander also acknowledged that he impersonated others in order to withdraw fraudulently-obtained unemployment insurance benefits.
Alexander, who has prior convictions for illegal weapons activity, drug activity, and aggravated domestic violence, also admitted that he illegally possessed a loaded firearm.
“Charles Alexander defrauded the Michigan Unemployment Insurance Agency by conspiring with others to falsely obtain and use debit cards containing over $330,000 in unemployment benefits issued in the names of claimants who were not entitled to such benefits. We will continue to work with our law enforcement partners to safeguard the unemployment insurance system from those who exploit these benefit programs,” said James Vanderberg, Special Agent-in-Charge, Chicago Region, U.S. Department of Labor Office of Inspector General.
As part of his plea agreement, Alexander has agreed to be held accountable for $330,561 in restitution.
Alexander entered his guilty plea before U.S. District Judge Bernard A. Friedman in Detroit. Sentencing has been set for October 5, 2018.
The case is being investigated by the Department of Labor, Office of Inspector General and the State of Michigan Unemployment Insurance Agency, and is being prosecuted by Assistant United States Attorney Andrew J. Yahkind
Colorado Business Owners Indicted for $7 Million Biodiesel Tax Credit Fraud SchemeRead the Press Release
A federal grand jury for the District of Colorado has returned an indictment, which was unsealed today, charging two Colorado business owners with conspiring to defraud the United States and to commit money laundering, money laundering and filing false claims, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to the indictment, Matthew Taylor and Martin Fields owned businesses in Colorado and New Jersey and allegedly conspired with the owner of a Colorado-based home heating oil business, Shintan, Inc., to file more than $7 million in false claims for refundable fuel tax credits with the Internal Revenue Service (IRS). A refundable fuel tax credit called the “Biodiesel Mixture Credit” was available to blenders of biodiesel mixture who used the mixture as a fuel or sold it for use as fuel.
The indictment charges that Taylor and Fields filed multiple false claims for the credit with the IRS and then laundered the proceeds of the scheme through bank accounts they controlled. They allegedly spent the fraudulently obtained funds on a variety of expenses, including $890,000 for a down payment on a house, $16,000 at a clothing store, more than $12,000 at a TV store, more than $24,000 towards luxury vacation rentals and paid more than $11,000 to a landscape company.
If convicted, the defendants face a maximum sentence of 5 years in prison on the conspiracy to defraud the government count, 5 years in prison on each false claim count, and 10 years in prison on the money laundering conspiracy count and each money laundering count. They also face a period of supervised release, restitution and monetary penalties. An indictment merely alleges that crimes have been committed. A defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Principal Deputy Assistant Attorney General Zuckerman thanked special agents of IRS Criminal Investigation and Environmental Protection Agency Criminal Investigation Division, who investigated the case, and Tax Division Trial Attorneys Leslie A. Goemaat and Arthur J. Ewenczyk, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Capital Region Anti-Gang Project Reaches More than 1,500 Fifth-GradersRead the Press Release
ALBANY, NEW YORK – United States Attorney Grant C. Jaquith concluded the 2018 LEADership Project today at a news conference at the Mont Pleasant Middle School in Schenectady. Joining him were 14 fifth-grade students who completed the project this year, and many leaders and representatives of the participating federal, state, and local law enforcement agencies.
The LEADership Project, an anti-gang training for fifth-grade students, reached classrooms this year in the Albany, Schenectady, Troy and Lansingburgh School Districts. The project began with just the Albany School District in 2011 and has grown since then. Volunteer instructors spend four sessions in each classroom, and this year taught more than 1,500 students.
United States Attorney Grant C. Jaquith stated: “The LEADership Project is about investing in our children, and thus in the future of our community. The acronym is for Legal Education and Decision-making and the Project involves working with 5th graders to help them stay out of gangs and away from crime, focus on what they can become, and make positive decisions to get there. We want these students to excel, and to view law enforcement as a friend and supporter in their quest for success. We have been able to reach so many students thanks to our partnership with federal, state, and local law enforcement agencies whose officers have generously donated their time. This opportunity to encourage students to soar is very rewarding, and we hope this Project leads to long-lasting benefits for them and our community.”
Schenectady Schools Superintendent Laurence T. Spring stated: “We are proud to be part of the LEADership Project and appreciate the hard work of all of the agencies and the U.S. Attorney in order to help our students recognize and learn how to handle difficult situations and make good decisions. The ability for our kids to interact and relate with law enforcement officers is important toward building trust and sends such a powerful message. Our kids are engaged and are listening. They are becoming more aware of how the many decisions and choices that they make today can shape their futures.”
Albany School Superintendent Kaweeda G. Adams stated: “The LEADership Project is an excellent example of the type of community partnership that is so important to helping our students learn to make good decisions and build strong relationships. Our students are building visions of themselves as adults, and this program is supporting them in taking positive first steps down those pathways to successful futures.”
Troy Schools Superintendent John Carmello stated: “For the past four years, fifth-grade students in the Troy City School District have had the opportunity to participate in the U.S. Attorney’s LEADership Project. We are extremely grateful to the U.S. Attorney’s Office and all of our partners for this fantastic program. Through this project, our students have been able to build lasting positive relationships with various members of the criminal justice system, learn critical lessons in making good decisions, and pave a pathway to success for themselves, in school and in life. The LEADership Project is an integral part of the Troy City School District’s mission to educate students who become upstanding citizens in our community.”
To meet the challenge of getting volunteer law enforcement instructors for the 76 fifth-grade classrooms in the four school districts, United States Attorney Jaquith reached out to, and received a terrific response from, the following law enforcement agencies:
Federal Agencies
U.S. Attorney’s Office
U.S. Marshals Service
Bureau of Alcohol, Tobacco, Firearms, and Explosives
Transportation Security Administration
U.S. Probation and Pretrial Services
U.S. Dept. of Health & Human Services, Office of the Inspector General
Social Security Administration, Office of the Inspector General
U.S. Postal Service, Office of the Inspector General
U.S. Postal Inspection Service
U.S. Customs & Border Protection
State Agencies
New York State Police
New York State Attorney General’s Office
Local Agencies
Albany Police Department
Schenectady Police Department
University at Albany Police Department
Schenectady County District Attorney’s Office
Rensselaer County District Attorney’s Office
Albany County Sheriff’s Office
Rensselaer County Sheriff’s Office
Schenectady County Probation Department
Rensselaer County Probation Department
Through role-playing skits centered on two fifth-grade characters who are encouraged by an older gang member to make some bad decisions, classroom discussions revolve around making good life decisions, focusing on the future, acknowledging positive personal traits, and becoming the best that students can be. The sessions introduce the students to the concepts of responsibility and accountability through learning about Victim Impact Panels and Community Accountability Boards.
In past student questionnaires from the project, 84% of fifth graders stated it was very important to them to have help to stay away from gangs. These sessions help students learn how to do that. While 98% said they were not in a gang, 73% indicated they had friends who were in gangs. When asked who can help them stay away from gangs, students notably listed their parents, teachers, police officers, and their LEADership instructors.
California Man Admits Role in Cross-Country Conspiracy to Distribute over Five Kilograms of CocaineRead the Press Release
NEWARK, N.J. – A Riverside, California, man today pleaded guilty to his role in a conspiracy to transport more than five kilograms of cocaine from California to New Jersey, U.S. Attorney Craig Carpenito announced.
Edwin Garcia Cambero, 26, pleaded guilty before U.S. District Judge Jose L. Linares in Newark federal court to an information charging him with conspiracy to possess with intent to distribute more than five kilograms of cocaine.
Garcia Cambero was originally charged by complaint on Dec. 13, 2017, with Luis Michel Donascimento, 36, of Perris, California, and Humberto Ramos Cervantes, 33, of Los Angeles.
According to documents filed in this case and statements made in court:
On Nov. 29, 2017, Donascimento allegedly flew from California to Atlantic City, New Jersey, and met with a government informant and two undercover federal agents. During the meeting, Donascimento agreed to sell the agents 20 kilograms of cocaine, as well as 10 AR-15 semiautomatic rifles.
On Dec. 12, 2017, Donascimento allegedly met with the agents at a hotel in California and delivered them 10 AR-15 rifles as promised. Garcia Cambero also attempted to deliver approximately five kilograms of cocaine to the agents, which he had received earlier that day at his residence from Ramos Cervantes.
The conspiracy charge to which Garcia Cambero pleaded guilty carries a mandatory minimum penalty of 10 years in prison, a maximum potential penalty of life in prison, and a $10 million fine. Sentencing is scheduled for Sept. 20, 2018.
The charges and allegations against Donascimento and Ramos Cervantes are merely accusations, and they are considered innocent unless and until proven guilty. All three defendants have been in custody since their arrest in California on Dec. 13, 2017.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, and the FBI Riverside, California, Resident Agency, under the direction of Assistant Director in Charge Paul D. Delacourt in Los Angeles, with the investigation leading to today’s plea.
The government is represented by Assistant U.S. Attorney Sammi Malek of the U.S. Attorney’s Office Organized Crime Drug Enforcement Task Force (OCDETF)/Narcotics Unit.
Defense counsel: Henry Klingeman Esq., Newark, New Jersey
Buffalo Man Sentenced in Towing Scandal Involving Buffalo Police OfficersRead 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 Christopher Mahoney, 34, who was convicted of conspiring to make payments and gratuities to City of Buffalo police officers, was sentenced to two years’ probation by U.S. District Court Judge Richard J. Arcara.
Assistant U.S. Attorneys Russell T. Ippolito, Jr., and Maura K. O’Donnell, who handled the prosecution, stated that James Mazzariello, Jr. owned and operated Jim Mazz Auto, Inc. and National Towing, Inc. The companies were involved in all aspects of the automobile towing and repair business, including collision repair work, mechanical repair work, towing and storage work, and the sale of used automobiles. Adam Mazzariello, the son of James Mazzariello, Jr., supervised the towing services aspect of the businesses. Christopher Mahoney served in a managerial capacity for each of the businesses.
Mahoney admitted that between January 2009 and May 2012, Jim Mazz Auto tow truck operators, at the direction of James Mazzariello, Jr. and Adam Mazzariello, made payments to certain City of Buffalo police officers for their assistance in enabling Jim Mazz tow truck operators to tow motor vehicles damaged in accidents in the City of Buffalo. The tow truck operators made these payments from their own personal funds and subsequently sought reimbursement from James Mazzariello, Jr., Adam Mazzariello and Christopher Mahoney. James Mazzariello, Jr. directed and authorized Christopher Mahoney to make reimbursement payments to the tow truck operators. Mahoney made reimbursement payments to tow truck operators on a regular basis and often times used cash from the Jim Mazz Auto cash drawer to make such payments.
While the plea agreement does not specify the exact number of payments made by the tow truck operators to Buffalo Police Officers, the government, through its investigation and prior to the time defendant Mahoney expressed a desire to plead guilty, substantiated and examined, in detail, 19 different payments made by tow truck operators. Approximately $500 in payments were made to Buffalo police officers by tow truck operators for access to the tows of the 19 accidents examined. The gross revenue Jim Mazz Auto derived from making such payments totaled $43,022.74. The gross revenue consisted of payments made to Jim Mazz Auto for towing, as well as for mechanical and collision repair work.James Mazzariello, Jr. and Adam Mazzariello were previously convicted and sentenced to serve 12 months and six months respectively in federal prison.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Internal Revenue Service Criminal Investigation Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office; the New York State Department of Motor Vehicles’ Division of Field Investigation, under the direction of Owen McShane, Director of Investigations; the New York State Department of Taxation and Finance Criminal Investigations Division, under the direction of Deputy Commissioner John Harford; the New York State Department of Financial Services Criminal Investigations Unit, under the direction of Director Frank Orlando; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Buffalo Man and Woman Arrested for Attempting to Retrieve Cocaine Mailed from Puerto RicoRead 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 Brendaliz Escalante, 28, and Jerry Louis Rolon-Alvarez, 39, both of Buffalo, NY, were arrested and charged by criminal complaint with attempt to possess with intent to distribute cocaine. The charge carries a minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that according to the complaint, the U.S. Postal Inspection Service intercepted a package shipped from Puerto Rico to an address in Buffalo. A search warrant was executed on the package and revealed, hidden inside the parcel, more than three kilograms of suspected cocaine.
U.S. Postal Inspection Service removed the cocaine from the package and replaced it with sham. On June 18, 2018, law enforcement officers delivered the package to the residence, where both Escalante and Rolon-Alvarez arrived to retrieve the package. Following their retrieval of the package, both defendants were arrested.
The defendants made an initial appearances before U.S. Magistrate Judge Michael J. Roemer. Rolon-Alvarez detained and Escalante released with conditions.
The criminal complaint is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the United States Postal Service Inspection Service, Boston Division, under the direction of Acting Inspector-in-Charge Delany E. De Leon-Colon.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Brooklyn Man Pleads Guilty to Selling CocaineRead 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 Gilbert Guzman, 48, of Brooklyn, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute, and distribution of, cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that between May 2017 and October 18, 2017, the defendant conspired with co-defendants Stevie Alejandro, Aaron Hill, Cleophus Dentmond, and Catherine Ramos, and others, to distribute cocaine in the Lovejoy District.
On August 16, 2017, Guzman sold cocaine to an undercover police officer. Stevie Alejandro, who operated the Barberians Barber Shop at 1132 East Lovejoy Street, which is located directly across from Buffalo Public School #43, the Lovejoy Discovery School, provided the defendant with the cocaine for this transaction.
Stevie Alejandro, Aaron Hill, and Cleophus Dentmond were previously convicted and are awaiting sentencing. Charges are pending against Catherine Ramos. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Cheektowaga Police Department, under the direction of Chief David Zak; and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
Sentencing is scheduled for October 18, 2018, at 12:30 p.m. before Judge Arcara.
Boston Man Convicted by Federal Jury of Heroin TraffickingRead the Press Release
BOSTON – A Boston man was convicted yesterday in federal court in Boston of his role in a heroin conspiracy operating in Norwood.
Luis Guzman-Ortiz, 25, was convicted by a federal jury of one count of conspiring to distribute heroin. Guzman-Ortiz has been released pending his sentencing hearing, which has not been set.
In early 2015, federal agents conducted a wiretap investigation of Eddyberto Mejia-Ramos, a regional heroin trafficker operating in Taunton. In May and June, Soto-Peguero was identified as Mejia-Ramos’ primary source of supply. On July 6, 2015, calls were intercepted during which Mejia-Ramos asked Soto-Peguero to send him something “heavy,” and Soto-Peguero replied that his girlfriend, Mercedes Cabral, was on her way. Federal agents then conducted surveillance outside Soto-Peguero’s Norwood apartment and observed Cabral exit the apartment and drive towards Taunton. Law enforcement officers stopped Cabral and found 10 blocks of heroin (918 grams) protruding from her purse.
After seizing the heroin, law enforcement attempted to secure Soto-Peguero’s apartment in anticipation of obtaining a federal search warrant; they knocked on the door and announced the presence of police, but no one answered. As officers began a forced entry through the front door, there was a disturbance. According to evidence provided at the April 2018 trial of Soto-Peguero, Soto-Peguero fired a gunshot through the front door. Fortunately, no one was hurt.
This evidence was not presented at Guzman-Ortiz’s trial after the Court found it was irrelevant to Guzman-Ortiz’s case and potentially prejudicial.
Law enforcement eventually gained entry and arrested Soto-Peguero and Guzman-Ortiz. The next day, officers executed a search warrant at the home and seized two kilograms of heroin, two hydraulic drug presses, and other evidence that showed the apartment was being used to prepare and package heroin. A firearm was also seized, and forensic testing revealed that Soto-Peguero had fired the weapon.
Soto-Peguero was convicted by a federal jury in April 2018 of drug offenses involving over a kilo of heroin. He is scheduled to be sentenced on Aug. 2, 2018. Cabral pleaded guilty and was sentenced in May 2017 to time served (22 months), and Mejia-Ramos pleaded guilty and was sentenced in August 2016 to 90 months in prison.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement. Valuable assistance was provided by the Massachusetts State Police, the Massachusetts State Police Criminal Laboratory, the Norwood and Taunton Police Departments; and the Bristol County Sheriff’s Office. Assistant U.S. Attorney Theodore Heinrich of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.
Bernalillo County Man Pleads Guilty to Federal Fraud, Identity Theft and Theft of Mail ChargesRead the Press Release
ALBUQUERQUE – Jesse Tucker, 36, of Tijeras, N.M., pled guilty today in federal court in Albuquerque, N.M., to fraud, identity theft and theft of mail charges, announced U.S. Attorney John C. Anderson and Inspector in Charge Melisa Llosa of the Phoenix Division of the U.S. Postal Inspection Service.
Tucker was charged in an indictment filed on Feb. 14, 2018, with eight counts of bank fraud, six counts of aggravated identity theft, and one count of theft or receipt of stolen mail. The bank fraud counts alleged that between Nov. 2016 and May 2017, Tucker fraudulently obtained almost $70,000 through a scheme to defraud that involved the use of stolen personal identifiers, checks, and other financial instruments obtained from stolen mail. The aggravated identity theft counts alleged that Tucker used the identities of others without lawful authority between Nov. 2016 and May 2017, and the theft or receipt of stolen mail count alleged that in June 2017, Tucker unlawfully possessed stolen mail, including checks and financial instruments, taken from a U.S. Postal depository in June 2017. According to the indictment, Tucker committed these crimes in Bernalillo and Valencia Counties, N.M.
During today’s change of plea hearing, Tucker pled guilty to the eight bank fraud charges, two of the aggravated identity theft charges, and the theft or receipt of stolen mail charge. In entering the guilty plea, Tucker admitted that between Nov. 2016 and May 2017, he used the personal identifiers of nine individuals, which he obtained from stolen mail, to create and obtain counterfeit identification cards and drivers’ licenses that but bore his photograph. Tucker then used the fraudulent identification cards and licenses to falsify checks, complete credit applications, and apply for loans from financial institutions. Tucker also admitted using the personal identifiers of others in his efforts fraudulently to obtain loans while knowing that they belonged to real people. Tucker also acknowledged that on June 6, 2017, law enforcement found a large volume of stolen mail belonging to other individuals in his residence.
At sentencing, Tucker faces a maximum penalty of 30 years of imprisonment on the bank fraud charges and a maximum penalty of five years of imprisonment on the stolen mail charge. He also faces a mandatory minimum penalty of two years of imprisonment on the aggravated identity theft charges, which must be served consecutive to any other sentence imposed on the other fraud charges. A sentencing hearing has yet to be scheduled.
The U.S. Postal Inspection Service investigated this case and it is being prosecuted by Assistant U.S. Attorney Holland S. Kastrin.
Ansonia Man Sentenced to 30 Months in Federal Prison for Distributing CrackRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JACOB FREEMAN, 22, of Ansonia, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 30 months of imprisonment, followed by three years of supervised release, for distributing crack cocaine. Judge Meyer ordered FREEMAN to serve the first three months of his supervised release in home confinement.
According to court documents and statements made in court, FREEMAN, Jason Walker and Marquice Rumley were members of a drug trafficking organization that trafficked large quantities of crack cocaine throughout the Naugatuck Valley. The investigation revealed that members of the organization shared the same cellphone to service drug customers in shifts over a 24-hour period. Members of the drug trafficking organization also shared vehicles and serviced customers together. Between May and September 2017, investigators made multiple controlled purchases of crack from FREEMAN and other members of the drug trafficking organization.
FREEMAN has been detained since his arrest on November 15, 2017. On February 27, 2018, he pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, cocaine base (“crack cocaine”).
Walker and Rumley pleaded guilty to the same charge. On June 19, 2018, Walker was sentenced to 36 months of imprisonment. Rumley awaits sentencing.
This matter has been investigated by the Drug Enforcement Administration’s New Haven Task Force and the Ansonia and Derby Police Departments. This case is being prosecuted by Assistant U.S. Attorney Jocelyn Courtney Kaoutzanis.
Anchorage Man Indicted on Child Pornography ChargesRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that Russell Cherry, 51, of Anchorage, has been indicted on charges of distribution and possession of child pornography. Cherry was arraigned this afternoon before U.S. Magistrate Judge James P. Hutton.
The indictment alleges that, between July 29 and July 31, 2017, Cherry knowingly distributed, by any means and facility of interstate and foreign commerce, visual depictions of minors engaging in sexually explicit conduct. It is further alleged that, on Aug. 29, 2017, Cherry knowingly possessed images and videos depicting child sexual exploitation found on his desktop PC.
If the public has any further information or concerns about the activities of Cherry, please contact the FBI at (907) 276-4441.
If convicted, Cherry faces a statutory minimum of five years in prison and guideline sentence of the statutory maximum of 20 years in prison. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
The Federal Bureau of Investigation (FBI) and the Anchorage Police Department (APD) conducted the investigation leading to the indictment in this case. This case is being prosecuted by Assistant U.S. Attorney Adam Alexander.
This case is being brought as part of Project Safe Childhood. In May 2006, DOJ launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood combines federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Amsterdam Man Pleads Guilty to Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – Kevin Safford, age 33, of Amsterdam, New York, pled guilty today to possessing child pornography and to accessing a child pornography web site available only through an anonymous Internet network.
The announcement was made by United States Attorney Grant C. Jaquith and Janelle M. Miller, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his plea, Safford admitted that in 2015, he accessed Playpen, an online forum through which registered users advertised, viewed, and distributed child pornography. Images and videos shared through the site were highly categorized according to victim age and gender, and type of sexual activity depicted.
Before the FBI seized the Playpen web site and shut it down, it was available only through an anonymous Internet network, which allowed users to access websites including Playpen without revealing their actual internet protocol address, geographic location, or other identifying information. Safford admitted that he logged into Playpen in order to access its child pornography content. He also admitted to possessing child pornography on an external hard drive.
Safford faces up to 10 years in prison when he is sentenced by United States District Judge Mae A. D’Agostino on October 23, 2018. He also faces a term of post-imprisonment supervised release of at least 5 years and up to life, a fine of up to $250,000, and mandatory registration as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Alien Indicted on Misuse of a Social Security Account Number, False Claim of Citizenship with Intent to Engage Unlawfully in Employment in the United States, and Aggravated Identity TheftRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned an indictment charging DIEGO ISIDRO CHAJ-RAMOS, age 38, of Guatemala, with Misuse of a Social Security Account Number, False Claim of United States Citizenship with Intent to Engage Unlawfully in Employment in the United States, and Aggravated Identity Theft.
According to an affidavit filed in support of a criminal complaint, Homeland Security agents obtained copies of several I-9 Forms revealing CHAJ-RAMOS falsely represented himself to be a United States citizen and provided multiple employers the name, date of birth, and Social Security number of a United States citizen in order to qualify for employment in the Eastern District of North Carolina. Additionally, court records reveal that CHAJ-RAMOS illegally entered the United States at an unknown date and location, and was charged and/or convicted multiple times in North Carolina under the identity of a United States citizen.
If convicted of Misuse of a Social Security Account Number, False Claim of United States Citizenship with Intent to Engage Unlawfully in Employment in the United States, and Aggravated Identity Theft, CHAJ-RAMOS, found in Wake County, would face maximum penalties of 48 years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty in a court of law.
The case is being investigated by Homeland Security Investigations.
Alexander Fernandez Sentenced to 20 Years in Prison for August 2000 MurderRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that ALEXANDER FERNANDEZ, a/k/a “Det,” a/k/a “D,” a/k/a “Fat D,” a/k/a “Gordo,” was sentenced yesterday to 20 years in prison for murdering Edwin Honoret, 28, in Manhattan in August 2000. FERNANDEZ pled guilty on March 2, 2018, before U.S. District Judge Jesse M. Furman, who imposed the sentence.
U.S. Attorney Geoffrey S. Berman said: “Almost 18 years ago, Alexander Fernandez callously murdered Edwin Honoret over a drug dispute. Thanks to the remarkable efforts of the New York City Police Department, Fernandez has finally been held accountable for his terrible crime. We will continue our partnership with the NYPD to make our neighborhoods safer.”
According to the Indictment, other filings in federal court, and statements made in court proceedings:
FERNANDEZ was a member of a drug trafficking organization that transported large quantities of narcotics from New York City to West Virginia and other states. FERNANDEZ believed that he was underpaid for his role in the organization. On August 13, 2000, FERNANDEZ lured one of his partners, Edwin Honoret, to a secluded location under the George Washington Bridge in the middle of the night and shot Honoret five times, killing him. FERNANDEZ then stole thousands of dollars in drug proceeds that belonged to Honoret.
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In addition to the prison sentence, FERNANDEZ was sentenced to three years of supervised release.
Mr. Berman praised the investigative work of the Cold Case Homicide Squad of the New York City Police Department. Mr. Berman also thanked the Special Agents of the United States Attorney’s Office for the Southern District of New York.
This case is being prosecuted by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Anden Chow, Thomas McKay, and Laurie A. Korenbaum are in charge of the prosecution.
Alabama Man Sentenced to 15 Years in Prison for Attempting to Provide Material Support to ISISRead the Press Release
Aziz Ihab Sayyed, 23, of Huntsville, Alabama, was sentenced today to 15 years in prison followed by lifetime 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 Jay E. Town for the Northern District of Alabama, and Special Agent in Charge Johnnie Sharp Jr. of the FBI’s Birmingham field office, made the announcement after sentencing by U.S. District Judge Abdul K. Kallon.
“We will not tolerate threats to our national security from terrorist groups like ISIS, which continues to radicalize and encourage terrorists through the internet,” said Assistant Attorney General Demers. “The defendant, a citizen of this country, plotted to carry out attacks on his fellow Americans in our country, but was thwarted by the close cooperation of our partners in law enforcement. This successful outcome should send a clear message to any other would-be terrorists that the National Security Division will find them and bring them to justice.”
“Aziz Sayyed was inspired by ISIS to kill or harm Americans and he has earned every bit of his prison term,” said U.S. Attorney Town. “This case, and this investigation, serves as the gold standard for what is possible when federal, state and local law enforcement agencies work together. The FBI did an outstanding job ensuring this investigation was successful by cultivating those layers of law enforcement necessary in cases like this.”
“The FBI’s Joint Terrorism Task Force is dedicated to identifying and bringing to justice those individuals who attempt to provide material support to foreign terrorist organizations, promote violent extremism, and threaten our national security,” said Special Agent in Charge Sharp. “Today’s sentence is a culmination of the tireless efforts of our JTTF, and the invaluable partnership we have with the Huntsville Police Department.”
Sayyed pleaded guilty in March to the terrorism charge. According to Sayyed’s plea agreement with the government, he attempted to provide services and personnel, namely himself, to ISIS. He acknowledged that he bought bomb-building ingredients in 2017, that he stated his aspirations to conduct ISIS-inspired attacks on police stations and Redstone Arsenal in Alabama, and that he attempted to form a cell to conduct violent acts within the United States.
Between January and June of 2017 in Madison County, Sayyed, a U.S. citizen, obtained and viewed ISIS propaganda videos depicting ISIS forces committing bombings, executions by gunshot and beheading, and other violent acts. Sayyed shared the videos and expressed his support for ISIS and for ISIS terrorist attacks around the world, according to his plea agreement.
Sayyed researched and learned how to make triacetone triperoxide (TATP), a highly volatile and extremely dangerous explosive material. He then purchased the necessary ingredients for the explosive, and professed his aspiration to use TATP in an explosive belt or a car bomb.
On June 13, 2017, Sayyed met with an individual he understood to be an ISIS member. In fact, the person was an undercover employee of the FBI. Sayyed and the undercover employee discussed the danger of TATP, ISIS’s preference for the use of certain explosives, and Sayyed’s desire to assist ISIS, according to the plea agreement. In that meeting, Sayyed offered to personally carry out attacks on behalf of ISIS.
The FBI investigated the case in conjunction with the Huntsville Police Department, Madison County District Attorney’s Office, Madison County Sheriff's Office, U.S. Army 902 MI Group, Redstone Arsenal’s Garrison Command, University of Alabama at Huntsville Police Department, Alabama Law Enforcement Agency, U.S. Immigration and Customs Enforcement, and Bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant U.S. Attorneys Henry Cornelius and Davis Barlow of the Northern District of Alabama prosecuted the case with the assistance from the National Security Division’s Counterterrorism Section.Alabama Computer Store Owner Charged in Fraud Scheme to Acquire, Sell Government Computers Intended for Schools, Nonprofit OrganizationsRead the Press Release
PEORIA, Ill. – An Athens, Alabama computer store owner has been charged with exploiting a government computer surplus program for his personal benefit. A federal grand jury today returned its indictment of Steven Mays, 50, of Athens, Ala.
The indictment alleges that from 2007 to late 2017, Mays engaged in a scheme to defraud “Computers for Learning,” a program administered by the General Services Administration. The CFL program facilitated the transfer of computers and related equipment owned by the federal government but excess to its needs, directly to schools and some educational nonprofit organizations at no cost.
Over the decade-long scheme, the indictment alleges Mays fraudulently obtained computer equipment at an original cost to the U.S. government of more than $22 million, which he sold at his Athens, Ala., computer company and on eBay.
The indictment alleges Mays created multiple CFL user identifications on behalf of Dwight Baptist Academy, a church school in Dwight, Ill. Mays allegedly represented to the school that the equipment he obtained through the program was “junk,” and that he would refurbish the equipment to make it useable by students at the school. Unbeknownst to the school, Mays acquired much more computer equipment in its name than was known to the school, and used that equipment to enrich himself.
To carry out the fraud scheme, Mays allegedly made false representations to GSA to request excess computer equipment. Mays enlisted others to pick up the equipment from the departments and agencies, and often had it transported to his computer store. Contrary to the conditions under which Mays acquired the computer equipment, he allegedly sold it at Mays Computer Company and on eBay. Some of the equipment was shipped to recyclers to obtain payment from the recyclers; other computer equipment was disposed of in dumpsters.
The investigation was conducted by the Offices of Inspectors General for GSA, the Department of Justice, the Environmental Protection Agency, NASA, the Department of Homeland Security and the Department of Transportation, and the U.S. Postal Inspection Service. The case is being prosecuted by Supervisory Assistant U.S. Attorney Darilynn J. Knauss.
Mays will be issued a summons to appear in federal court in Peoria, Ill., for arraignment on a date to be determined by the U.S. Clerk of the Court.
If convicted, for the offenses of mail fraud (four counts) and wire fraud (one count), the statutory penalty is up to 20 years in prison. For the offenses of theft of government property (one count), and interstate transportation of stolen property, the statutory penalty is up to 10 years in prison.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
28 Members and Associates of “GBK” Neighborhood Street Gang Charged in Drug Trafficking ConspiraciesRead the Press Release
PITTSBURGH- After a lengthy Title III wiretap investigation into drug trafficking and violence in Pittsburgh’s West End neighborhoods and other communities in the Greater Pittsburgh area, 28 people, all residents of Western Pennsylvania, were indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotics and firearms laws. A federal grand jury has issued two separate, but related, indictments, United States Attorney Scott W. Brady and FBI-Pittsburgh Special Agent in Charge Bob Jones announced today.
U.S. Attorney Brady stated, "Reducing violent crime and making our communities safe for law-abiding citizens is a top priority of the U.S. Attorney’s Office. Working with our federal, state and local partners and using every tool at our disposal, we will prosecute gangs like the Greenway Boy Killas, which terrorize our neighborhoods and put innocent people in danger, to the fullest extent of the law."
"The FBI works closely with our law enforcement partners to make sure those bringing violence to our streets are held accountable," said Special Agent in Charge Bob Jones. "We want to make this clear to other gangs operating in our communities. We are coming for you, and the violence won’t be tolerated."
THE INDICTMENTS
The first indictment, unsealed today, containing four counts, named:
• Jewell Hall, 36, of Wilkinsburg, PA;
• Willie Harris, 39, of Pittsburgh, PA;
• Marvin Younger, 37, of Pittsburgh, PA, currently incarcerated;
• Joelle Hollis, 30, of Pittsburgh, PA;
• Allen Green, 39, of Pittsburgh, PA;
• Mardeja Chapple, 24, of Pittsburgh, PA;
• Brett Rodgers, 32, of Pittsburgh, PA;
• Marshinneah Manning, 26, of Pittsburgh, PA;
• Bryan Smith, 24, of Pittsburgh, PA;
• Balon Kennedy, 24, of Pittsburgh, PA;
• Tyree Davis, 34, of Pittsburgh, PA, currently incarcerated;
• Cecil Howard, 47, of Pittsburgh, PA;
• Brianne Dean, 30, of Bridgeville, PA;
• Antoine Dean, Jr., 28, of Washington, PA;
• Antoine Dean, Sr., 53, of Heidelberg, PA; and
• Mary Cerezo, 57, of Lawrence, PA.
According to the indictment, from in and around November 2017, and continuing thereafter to in and around June 2018, in the Western District of Pennsylvania and elsewhere, the defendants conspired to possess with intent to distribute and distribute 280 grams or more of crack cocaine. Also according to the indictment, during that same time frame, Jewel Hall, Willie Harris, Marvin Younger, Joelle Hollis, Allen Green, Brianne Dean, and Mary Cerezo conspired to possess with intent to distribute and distribute 500 grams or more of powder cocaine. The indictment also charges Jewel Hall and Marvin Younger with one count each of possession with intent to distribute cocaine, on December 29, 2017, and May 21, 2018, respectively.
The law provides for a maximum total sentence of not less than 10 years and up to life in prison, a fine of $10,000,000, 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.
The second indictment, also unsealed today, containing four counts, named:
• Monta Banks, 27, of McKees Rocks, PA, currently incarcerated
• Lawrence Morrison, 35, of Pittsburgh, PA;
• Tamra Moore, 34, of Pittsburgh, PA;
• Jaimon Woods, 28, of Pittsburgh, PA, currently incarcerated;
• Robert Moore, 36, of Pittsburgh, PA;
• Raymond Chrzanowski, 50, of Zelienople, PA;
• Mark Givens, 28, of Pittsburgh, PA;
• Eric Kaminski, 46, of Pittsburgh, PA;
• Charles Jones, 25, of Bellefonte, PA;
• Delrico Clyburn, 26, of Braddock, PA; Rashem Littleberry, 28, of Pittsburgh, PA; and
• Kellie Gossett, 36, of Canonsburg, PA.
According to the indictment, from in and around November 2017, and continuing thereafter to in and around June 2018, Monta Banks, Tamra Moore, Jaimon Woods, Robert Moore, Raymond Chrzanowski, and Eric Kaminski conspired to possess with intent to distribute and distribute 28 grams or more of crack cocaine. Also according to the indictment, during the same time frame, the same defendants, along with Charles Jones, Mark Givens, Delrico Clyburn, Rashem Littleberry, and Kellie Gossett conspired to possess with intent to distribute and distribute a quantity of heroin. Also according to the indictment, during the same time frame, Monta Banks, Lawrence Morrison, Tamra Moore, and Raymond Chrzanowski conspired to possess with intent to distribute and distribute a quantity of powder cocaine. The indictment also charges Jaimon Woods with being a felon in possession of firearms and ammunition on or about December 7, 2017.
The law provides for a maximum total sentence on the drug charges of not less than 5 years and up to 40 years in prison, a fine of $2,000,000, or both. The law provides for a maximum sentence on the firearm charge of up to 10 years in prison, a fine of $250,000, 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 Attorneys Rachael Dizard and Tonya Sulia Goodman are prosecuting these cases on behalf of the government.
The Federal Bureau of Investigation and the Drug Enforcement Administration jointly led the multi-agency investigation of this case, which also included the Pittsburgh Bureau of Police, Allegheny County Sheriff’s Office, Allegheny County Police Department, Pennsylvania State Police, Robinson Township Police Department, Stowe Township Police Department, Pennsylvania Attorney General’s Office, Wilkinsburg Borough Police Department, and the McKees Rocks Police Department. Other assisting agencies include the Moon Township Police Department, Avalon Police Department, Munhall Police Department, Altoona Police Department, Johnstown Police Department, Shaler Township Police Department, Canonsburg Police Department, Cecil Township Police Department, Allegheny County Adult Probation, ICE/Homeland Security Investigations, Pennsylvania State Parole, and the Allegheny County Port Authority Police Department.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Tuesday 19 June 2018
“Thief-In-Law” Razhden Shulaya Convicted of Racketeering in Manhattan Federal CourtRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that RAZHDEN SHULAYA, a vor v zakone or “thief-in-law,” and AVTANDIL KHURTSIDZE, a boxing champion and SHULAYA’s enforcer, were found guilty of racketeering and related charges in connection with a sprawling and violent criminal enterprise operating in New York, New Jersey, Pennsylvania, Nevada, and abroad.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As a unanimous jury found, Razhden Shulaya and his chief enforcer, Avtandil Khurtsidze, engaged in an array of criminal schemes that included violence, extortion, theft, trafficking in stolen goods, and fraud. Shulaya, a Russian ‘vor v zakone’ or ‘thief-in-law,’ is now a convicted thief under U.S. law. Both defendants now await sentencing for their crimes.”
As established by the evidence at trial:
The Shulaya Enterprise was an organized criminal group operating under the direction and protection of RAZHDEN SHULAYA, a/k/a “Brother,” a/k/a “Roma,” a “vor v zakone” or “vor,” which are Russian phrases translated roughly as “Thief-in-Law” or “Thief,” and which refer to an order of elite criminals from the former Soviet Union who receive tribute from other criminals, offer protection, and use their recognized status as vor to adjudicate disputes among lower-level criminals. As a vor, SHULAYA had substantial influence in the criminal underworld and offered assistance to and protection of the members and associates of the Shulaya Enterprise. Those members and associates, and SHULAYA himself, engaged in widespread criminal activities, including acts of violence, extortion, the operation of illegal gambling businesses, fraud on various casinos, identity theft, credit card frauds, trafficking in large quantities of stolen goods, money laundering through a fraudulently established vodka import-export company, payment of bribes to local law enforcement officers, and the operation of a Brooklyn-based brothel.
The Shulaya Enterprise operated through groups of individuals, often with overlapping members or associates, dedicated to particular criminal tasks. While many of these crews were based in New York City, the Shulaya Enterprise had operations in various locations throughout the United States (including in New Jersey, Pennsylvania, Florida, and Nevada) and abroad. Most members and associates of the Shulaya Enterprise were born in the former Soviet Union and many maintained substantial ties to Georgia, Ukraine, and the Russian Federation, including regular travel to those countries, communication with associates in those countries, and the transfer of criminal proceeds to individuals in those countries.
AVTANDIL KHURTSIDZE, formerly a middleweight boxing champion, acted as SHULAYA’s chief enforcer and, as such, engaged in multiple acts of extortion and violence. KHURTSIDZE was captured on video twice assaulting others in service of the Shulaya Enterprise, participated in recorded acts of extortion of gambling debts, and planned additional acts of violence with SHULAYA targeting associates of the Shulaya Enterprise whom KHURTSIDZE and SHULAYA perceived as having disrespected SHULAYA’s status as a vor.
SHULAYA and KHURTSIDZE jointly participated in a scheme to defraud casinos by targeting particular models of electronic slot machines using a complicated algorithm designed to predict the behavior of those machines. SHULAYA obtained the technology used to commit that fraud through violence, including through the 2014 kidnapping of a software engineer in Las Vegas. SHULAYA and KHURTSIDZE then refined that technology by training lower-level members of the Shulaya Enterprise to execute this casino scam using smartphones and software developed by the Enterprise.
SHULAYA was found guilty of one count of racketeering conspiracy, which carries a potential maximum penalty of 20 years in prison, one count of conspiring to traffic in stolen goods such as luxury watches, which carries a potential maximum penalty of five years in prison, one count of conspiracy to traffic in contraband tobacco, which carries a potential maximum penalty of five years in prison, one count of identification document fraud, which carries a potential maximum penalty of 15 years in prison, and one count of wire fraud conspiracy, which carries a potential maximum penalty of 20 years in prison. KHURTSIDZE was found guilty of one count of racketeering conspiracy and one count of wire fraud conspiracy, each of which carries a potential maximum penalty of 20 years in prison. The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of SHULAYA and KHURTSIDZE will be determined by the judge.
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Mr. Berman praised the outstanding work of the Federal Bureau of Investigation and its Eurasian Organized Crime Squad, as well as the U.S. Customs and Border Protection, and the New York City Police Department for their investigative efforts and ongoing support and assistance with the case.
The prosecution of this case is being overseen by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Andrew C. Adams, Andrew Thomas, and Andrew Chan are in charge of the case.
York Man Indicted for Drug Trafficking and Firearms OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Fernandino Rodriguez-Colon, age 39, of York, Pennsylvania, was indicted on June 13, 2018, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney David J. Freed, the six count indictment alleges that Rodriguez-Colon distributed and possessed with intent to distribute cocaine base, commonly known as crack cocaine, heroin and marijuana on separate occasions in January and February 2018 in York, Pennsylvania. The indictment also alleges Rodriguez-Colon, a prohibited person, possessed a stolen Remington .45 caliber pistol in furtherance of his drug trafficking activities. The indictment also gives notice of the Government’s intent to forfeit all assets connected with the drug trafficking crimes.
This case was investigated by the York County Drug Task Force with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney James T. Clancy is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for each of the drug trafficking offenses is 30 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for possession of a stolen firearm and possession of a firearm by a previously convicted felon is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for possession of a firearm in furtherance of drug trafficking is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Washington, DC Man Charged with Aiding Others File False W-2 FormsRead the Press Release
PITTSBURGH, PA - A resident of Washington, DC, has been indicted by a federal grand jury in Pittsburgh on a charge of aiding in the filing of false tax returns, United States Attorney Scott W. Brady, announced today.
The 13-count indictment, returned on March 27, 2018, named Jaason J. Weatherly, as the sole defendant.
According to the indictment, Weatherly, filed false tax returns in 2012 and 2013 for other persons, which contained false W-2 forms, income and withholding information.
The law provides for a total sentence of 39 years in prison, a fine of $3,250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
The Internal Revenue Service-Criminal Investigations 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.
Washington Man Pleads Guilty for Traveling to Idaho to Have Sex with a MinorRead the Press Release
COEUR D’ALENE – Harley Lee Howell, III, 35, of Colville, Washington, pleaded guilty yesterday to travel with intent to engage in illicit sexual contact with a minor, U.S. Attorney Bart M. Davis announced. Howell was indicted by a federal grand jury in Coeur d’Alene on September 14, 2017.
According to court records, on August 25, 2017, Howell initiated a chat with an undercover federal Homeland Security Investigations agent posing as a fifteen-year old minor. During the chat, Howell stated that he wanted to have sex with the minor. Howell then drove from Washington to Idaho and was arrested outside a Coeur d’Alene hotel room. Officers seized lubricant and condoms from Howell’s person.
This case was investigated by the Department of Homeland Security Immigration and Customs Enforcement/Homeland Security Investigations office with the assistance of the Federal Bureau of Investigation, Kootenai County Prosecutor’s Office, United States Marshals Service, Coeur d’Alene Police Department, and the Washington Southeast Regional Internet Crimes Against Children Task Force.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
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Vacaville Man Sentenced to Four Years in Prison for Being a Felon in Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — Maurice Darnell Jones, Jr., 22, of Vacaville, was sentenced today by U.S. District Judge John A. Mendez to four years in prison for being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, on August 27, 2017, the Vacaville Police Department received a call about an auto burglary in progress. The caller described a male suspect fleeing in a silver sedan. Moments later, police identified a car matching the description. When an officer tried to stop the car, the driver fled for several blocks, and then parked his car and began running from police. Police recovered various items in and around the car that showed ties to Jones, including paperwork in the trunk with Jones’s name on it, and a cellphone next to the car that was determined to be Jones’s phone. In addition, police located a .40-caliber handgun in the area where Jones had fled. Ammunition from the gun matched ammunition found with Jones’s belongings in an apartment unit nearby. Jones cannot lawfully possess firearms because he previously has been convicted of two felony offenses.
This case was the product of an investigation by the Vacaville Police Department and the Federal Bureau of Investigation’s Solano County Violent Crimes Task Force, with assistance from the Solano County District Attorney’s Office.
This case was brought as a part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department of Justice’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Upshur County man indicted on drug chargeRead the Press Release
ELKINS, WEST VIRGINIA – Marlin E. Beckner, of Buckhannon, West Virginia, was indicted today by a federal grand jury on methamphetamine distribution charge, United States Attorney Bill Powell announced.
Beckner, age 44, is charged with one count of “Possession with Intent to Distribute Methamphetamine.” Beckner is accused of possessing crystal methamphetamine, also known as ice, in September 2017 in Upshur County.
Beckner 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. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Bureau of Alcohol, Firearms, Tobacco and Explosives; the Mountain Region Drug & Violent Crime Task Force; the Greater Harrison Drug &Violent Crime Task Force, a HIDTA-funded initiative; the West Virginia State Police; Upshur County Sheriff’s Office; Lewis County Sheriff’s Office; the Buckhannon Police Department; and the Weston Police Department investigated.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
United States Files Intent to Seek Death Penalty against Palmer Man Charged with Federal Murder, Drug Trafficking, and Firearms CrimesRead the Press Release
Anchorage, Alaska – The United States Attorney’s Office for the District of Alaska today filed its notice of intent to seek the death penalty against John Pearl Smith II, 32, of Palmer, for the murders of Wasilla residents Ben Gross and Crystal Denardi on June 5, 2016.
The filing, a copy of which is attached, follows the decision and directive by Attorney General Jeff Sessions to seek the death penalty against Smith.
The notice of intent alleges that if Smith is convicted, his use of a firearm in furtherance of a crime of violence resulting in murder, and the use of a firearm in furtherance of a drug trafficking crime resulting in murder, in addition to numerous aggravating factors, justifies a sentence of death.
The indictment alleges that in September 2015, May 11, 2016, and June 5, 2016, Smith attempted to rob people he believed were involved in trafficking drugs. On each occasion, the indictment alleges that he brandished firearms during the robbery. On the last occasion, it alleges he shot and killed Ben Gross and Crystal Denardi during the robbery, as well as shot a third individual, identified in the indictment as “R.B.”
The Alaska State Troopers (AST), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Drug Enforcement Administration (DEA) conducted the investigation leading to the charges in this case. This case is being prosecuted by Criminal Chief Frank Russo and Assistant U.S. Attorney William Taylor.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
U.S. Attorney’s Office Participates in Sioux Falls PRIDE FestivalRead the Press Release
SIOUX FALLS, SD – The U.S. Attorney’s Office for the District of South Dakota participated in this year’s Sioux Falls PRIDE Festival on Saturday, June 16, 2018, as part of its ongoing effort to increase awareness of the various civil rights protections available to South Dakotans under federal statute.
The U.S. Department of Justice enforces a number of laws that prohibit various forms of discrimination in areas covering employment, education, housing, police practices, and other Department-funded programs. Although these laws do not explicitly refer to sexual orientation or gender identity, they prohibit sex discrimination, which protects all people from gender-based discrimination.
If you believe you have been discriminated against, or that your civil rights have been violated, please contact the Civil Rights Section of the U.S. Attorney’s Office by calling (605) 330-4400, or by sending an email to [email protected].
The U.S. Department of Justice also enforces the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009, which makes it a federal crime to willfully cause bodily injury, or attempt to do so using a dangerous weapon, because of the victim’s actual or perceived sexual orientation, gender identity, or disability. To report evidence of a hate crime, please contact your local Federal Bureau of Investigation field office, which can be found at http://www.fbi.gov/contact-us/field/field-offices.
Two Men Sentenced for Heroin and Cocaine Trafficking ConspiracyRead the Press Release
NORFOLK, Va. – Two Portsmouth men were sentenced yesterday to a combined 26 years in prison for their involvement in a massive heroin and crack cocaine conspiracy in Hampton Roads.
According to court documents, Antonio Brown, aka “Tony Legal,” 42, was a lieutenant in the drug trafficking organization, and Roman Hurdle, aka “Rome,” 38, was Brown’s driver and crack manufacturer, or “cook.” The men were part of a massive heroin and crack cocaine drug-trafficking conspiracy which included at least 10 participants. The men are responsible for distributing roughly three kilograms of heroin, four kilograms of crack, and over 20 kilograms of powder cocaine.
Brown was sentenced to 17 1/2 years in prison. Hurdle was sentenced to 9 years in prison.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Scott W. Hoernke, Acting Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, made the announcement after sentencing by Senior U.S. District Judge Robert G. Doumar. Assistant U.S. Attorney William B. Jackson prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-40.
Two Indictments Brought Against Bakersfield Women for Possession of Stolen Mail and Identity TheftRead the Press Release
FRESNO, Calif. — Two Bakersfield women were arrested today for federal offenses related to possession of stolen U.S. mail and aggravated identity theft, U.S. Attorney McGregor W. Scott announced. A federal grand jury in Fresno returned the indictments on June 7, 2018.
According to the first indictment, Kammi Sargent, 48, was charged with bank fraud, possession of stolen U.S. mail and aggravated identity theft. Court documents indicate that Sargent obtained stolen identity documents, including driver’s licenses of women who had similar appearances to her. With the stolen identification documents, Sargent opened bank accounts under the victims’ names. She obtained checks stolen from the mail and washed off the name of the payee, substituting the name of the stolen identity onto the check. Sargent then deposited the stolen and altered checks into the fraudulently obtained bank accounts, and used a credit or debit card tied to the accounts to withdraw funds.
According to the second indictment, Erin Peterson, 40, is charged with possession of stolen U.S. mail, unlawfully possessing 15 or more unauthorized access devices (credit or debit cards), possession with intent to distribute 50 grams and more of methamphetamine, and aggravated identity theft.
According to court documents, from July to December 2017, Peterson was using credit and debit cards stolen from the mail to make purchases at various retail establishments in Bakersfield. Purchase records, including photographic captures of Peterson conducting fraudulent purchases, were obtained from the retail stores.
On December 28, 2017, a federal search warrant at Peterson’s residence found 428 pieces of stolen mail, 31 stolen credit and debit cards, over a hundred personal and business checks, and a counterfeit arrow key used to access community mailboxes. Also located in the residence was approximately 149 grams of crystal methamphetamine, $1,400 in cash, narcotics packaging material, and a digital scale.
These cases are the product of investigations by the U.S. Postal Inspection Service and the Bakersfield Police Department with assistance from the Kern County Sheriff’s Office. Assistant US. Attorney Brian R. Delaney is prosecuting both cases.
If convicted, Sargent faces a maximum statutory penalty of 30 years in prison and a $1 million fine. If convicted, Peterson faces a maximum statutory penalty of life in prison and a $5 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Two Department of Defense employees indicted on embezzlement chargesRead the Press Release
ELKINS, WEST VIRGINIA – Sergeant First Class Shane Morgan with the West Virginia Army National Guard and Master Sergeant (retired) Russell Morgan were indicted today by a federal grand jury on charges related to the embezzlement and unlawful sale of government property, United States Attorney Bill Powell announced.
Shane Morgan, age 35, of Buckhannon, West Virginia, and Russell Morgan, age 61, of Helvetia, West Virginia, are each charged with one count of “Conspiracy to Embezzle Government Property,” and one count of “Embezzlement of Government Property.” Shane is also charged with one count of “Unauthorized Sale of Government Property” and one count of “False Written Statement.”
The two men are accused of stealing at least 80 items of United States government property worth an estimated total of more than $80,000. The indictment further alleges that the men obtained access to this property through their official positions at the United States Property and Fiscal Office warehouse in Buckhannon. The crimes took place from August 2010 to October 2017 in Upshur County.
Both men face up to five years incarceration and a fine of up to $250,000 for the conspiracy charge and up to 10 years incarceration and a fine of up to $250,000 for the embezzlement charge. Shane Morgan also faces up to 10 years incarceration and a fine of up to $250,000 for the unauthorized sale charge, and up to five years incarceration and a fine of $250,000 fine for the false written statement charge. 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 Andrew R. Cogar is prosecuting the case on behalf of the government. The West Virginia Army National Guard and the West Virginia State Police investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Two Charged in FBI Greater Pittsburgh Safe Streets Wiretap InvestigationRead the Press Release
PITTSBURGH - One resident of Michigan, and one resident of Ohio, have been indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today.
The two-count superseding indictment named Victor Burnett, Jr., 37, of Oak Park, Michigan, and Christopher Butler, 31, of Twinsburg, Ohio, as defendants.
According to the superseding indictment, from in and around January 2016, and continuing thereafter to in and around September 2016 in the Western District of Pennsylvania and elsewhere, Burnett, Jr. and Butler conspired with each other and others to distribute and possess with intent to distribute one kilogram or more of heroin, a Schedule I controlled substance. Additionally, on or about September 1, 2016, Burnett, Jr. possessed multiple firearms in furtherance of the drug trafficking conspiracy.
The law provides for a maximum total sentence of not less than 10 years and up to life in prison, a fine not to exceed $10,000,000, 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 defendants.
Assistant United States Attorney Amy L. Johnston is prosecuting this case on behalf of the government.
An OCDETF task force headed by the Federal Bureau of Investigation and comprised of members drawn from the FBI Greater Pittsburgh Safe Street Task Force including the Pittsburgh Bureau of Police, Wilkinsburg Police Department, Allegheny County Sheriff’s Office, and the Allegheny County Police Department conducted the investigation leading to the Superseding Indictment in this case. Substantial assistance was provided by FBI San Juan, Puerto Rico (St. Thomas Resident Agency, U.S. Virgin Islands) and the United States Postal Inspection Service. Numerous other FBI field offices, including Detroit, Cleveland, New York, and Atlanta, in addition to the Bureau of Alcohol, Tobacco, and Firearms, also assisted with this investigation. 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.
This investigation which utilized Title III wiretap intercepts and other investigative techniques that established the existence of a several overlapping and interrelated drug distribution networks with tentacles in the Western District of Pennsylvania, Northern District of Ohio, Eastern District of Michigan and the District of the Virgin Islands. The FBI Greater Pittsburgh Safe Streets Task Force’s focus began in early 2015 on a drug trafficking organization operating on Pittsburgh’s North Side and thereafter they were able to track drug suppliers beyond the borders of the aforementioned districts and across the Caribbean Sea.
A superseding indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Two California Men Sentenced to 13 Years in Prison for Armed Robbery of Reno Convenience Store on Black FridayRead the Press Release
RENO, Nev. – Two Sonoma County residents were each sentenced today to 154 months in prison to be followed by five years of supervised release for robbing a Reno convenience store at gunpoint on Black Friday in 2016, announced U.S. Attorney Dayle Elieson of the District of Nevada.
In March, a jury found Connor Timothy Woods, 28, and Michael Miller, 31, both of Santa Rosa, California, guilty of one count of conspiracy to interfere with commerce by robbery, one count of interference with commerce by robbery, and one count of use of a firearm in furtherance of a crime of violence. United States District Judge Howard D. McKibben presided over the jury trial and sentencing hearing.
According to court documents, on November 25, 2016, Woods entered a 7-11 located at 6150 South McCarran Boulevard, pointed a semi-automatic handgun at a store clerk, and demanded money from the cash register and the slots register drawers. When the clerk went to grab the slots register drawer, he saw Woods had put the gun down on the counter. The clerk attempted to grab the gun and they began to struggle. The gun fell to the floor and the clerk threw the cash drawer at Woods. Woods left the store and fled the scene in a mini-van driven by Miller. They stole approximately $100.
A few days later, a Reno Police Department detective found the get-away vehicle parked on the side of I-80 and the vehicle was towed to the police station. Law enforcement was able to identify Woods as a robbery suspect based on evidence discovered in the mini-van and from the surveillance videos. In an interview with the detective, Woods stated, “I admit to the 7-11 robbery. I admit to it, there that’s all you need.”
The investigation was conducted by the Reno Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance by the Washoe County Sheriff’s Office. The case was prosecuted by Assistant U.S. Attorneys Megan Rachow and James E. Keller.
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. For more information about PSN, visit www.justice.gov/usao-nv.
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Tucker County man indicted on firearms chargeRead the Press Release
ELKINS, WEST VIRGINIA – Richard Lee Hollobaugh, of Parsons, West Virginia, was indicted today by a federal grand jury on a firearms charge, United States Attorney Bill Powell announced.
Hollobaugh, age 33, is charged with one count of “Unlawful Possession of a Firearm.” Hollobaugh, having previously been convicted of four felonies, is accused of possessing a 9mm pistol in October 2017 in Randolph County.
Hollobaugh faces up to 10 years incarceration and a fine of $250,000 fine. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Bureau of Alcohol, Firearms, Tobacco, and Explosives and the Randolph County Sheriff’s Office investigated.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Three Men Facing Federal Indictment for Charges Related to A Series of Baltimore County BurglariesRead the Press Release
Baltimore, Maryland – A federal grand jury has indicted Demar A. Brown, age 34, of Winston-Salem, North Carolina; Jashon C. Fields, age 33, of Atlanta, Georgia; and Kamar O. Beckles, age 33 of Teaneck, New Jersey, today on charges of conspiracy and interstate transportation of stolen property, related to a series of burglaries in Baltimore County, Maryland.
The indictment was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Chief Terrence B. Sheridan of the Baltimore County Police Department; and Baltimore County State’s Attorney Scott Shellenberger.
According to the four-count indictment, from at least November 29, 2017, through January 26, 2018, the defendants conspired to burglarize residences in Baltimore County and steal property including cash, safes, jewelry, designer purses, bags and clothing, electronics and other items, then transport the stolen property outside of Maryland, including residences in North Carolina, to which Brown had access.
Specifically, the indictment alleges that during the conspiracy the defendants, wearing gloves and masks, broke into 18 residences using rocks and other materials to break the doors and windows, and covered surveillance cameras. According to the indictment, frequently one defendant remained in a getaway vehicle while the other conspirators committed the burglaries. The defendants allegedly used cell phones and two-way radios to communicate during the burglaries, and stored the stolen items in hotel rooms they rented in Maryland before transporting the stolen goods to locations outside of Maryland, including residences in Winston-Salem, North Carolina, to which Brown had access.
The defendants each face a maximum sentence of five years in prison for the conspiracy; and 10 years in prison for each of three counts of interstate transportation of stolen property. An initial appearance in U.S. District Court has not yet been scheduled. The defendants are currently detained in connection with related charges in Baltimore County Circuit Court.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Robert K. Hur commended the FBI, the Baltimore County Police Department, and the Baltimore County State’s Attorney’s Office for their work in the investigation, and thanked the City of Winston-Salem (NC) Police Department for its assistance. Mr. Hur thanked Assistant U.S. Attorneys Zachary A. Myers and Paul A. Riley, who are prosecuting the case.
Third Brazilian National Pleads Guilty to Aggravated Identity Theft in Card-Skimming SchemeRead the Press Release
U.S. Attorney Duane A. Evans announced that Andre Lion Goncalves Pereira (“PEREIRA”), age 29, a citizen of Brazil, pleaded guilty on June 14 before U.S. District Judge Sarah S. Vance to aggravated identity theft.
According to the court documents, Pereira and three other Brazilian nationals were arrested by members of the Louisiana Financial Crimes Task Force at a hotel in the Algiers neighborhood of New Orleans on August 3, 2017. Federal and state law enforcement officers found the defendants in possession of re-encoded credit cards that contained stolen debit card information from actual customers. These individuals also possessed embossers, encoders, ATM skimmers, false identification, and other contraband. In a coordinated investigation in Oklahoma City, U.S. Secret Service agents arrested another Brazilian national who had been mailing skimmers, pinhole cameras, and other tools for credit card fraud to the four New Orleans-based members of this conspiracy.
Pereira pleaded guilty to one count of aggravated identity theft in violation of Title 18, United States Code, Section 1028A. He faces a mandatory sentence of two years in prison, one year of supervised release, and a $250,000.00 fine or a fine equal to the greater of twice the gross gain or twice the gross loss caused by this offense. Judge Vance scheduled the sentencing for September 12. 2018.
U.S. Attorney Evans praised the agencies that contributed to this investigation, which was a coordinated effort among federal and state law enforcement authorities within the Louisiana Financial Crimes Task Force. The Task Force includes representatives from the U.S. Secret Service, the U.S. Postal Inspection Service, the Louisiana Attorney General’s Office, the Jefferson Parish Sheriff’s Department, and the New Orleans Police Department. U.S. Attorney Evans thanked the U.S. Secret Service Oklahoma City Field Office and the Midwest City, OK Police Department for their assistance. Assistant United States Attorney Matthew Payne is in charge of the prosecution.
Texas Man Pleads Guilty to Assaulting Federal Law Enforcement Officers in New MexicoRead the Press Release
ALBUQUERQUE – Kingsley Ufembou Akendeu, 24, of Lubbock, Texas, pled guilty today in federal court in Albuquerque, N.M., to assaulting federal law enforcement officers in New Mexico. Akendeu entered the guilty plea under a plea agreement that recommends a prison sentence within the range of 37 to 46 months followed by a term of supervised release to be determined by the court.
The DEA arrested Akendeu in Jan. 2018, and charged him by criminal complaint with possession of marijuana with intent to distribute and assaulting federal law enforcement officers during an interdiction investigation at a bus station in Albuquerque. According to the complaint, Akendeu scratched, punched and bit a DEA Special Agent and a DEA Task Force Officer while resisting arrest after they found approximately 2.7 kilograms of marijuana in his luggage.
Akendue subsequently was indicted on Jan. 23, 2018, and was charged with an assaulting a federal law enforcement officer offense. The indictment was superseded on Feb. 27, 2018, to include a second assault on a federal officer charge. The superseding indictment alleged that Akendue committed the crimes on Jan. 7, 2018, in Bernalillo County, N.M.
During today’s proceedings, Akendue pled guilty to the superseding indictment. In entering the guilty plea, Akendue admitted that on Jan. 7, 2018, he assaulted a DEA Special Agent by scratching his face and punching him in the nose, while knowing that he was a law enforcement officer. He also admitted assaulted a DEA Task Force Office by biting him but did not know that he was a law enforcement officer at the time of the assault.
Akendue remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the DEA and is being prosecuted by Assistant U.S. Attorney Norman Cairns.
Texarkana Man Sentenced to over 4 Years in Federal Prison for Firearms ViolationRead the Press Release
El Dorado, Arkansas - Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that Deadrick Lamar Tatum (aka “Toda”), age 26, of Texarkana, was sentenced yesterday, to 54 months in federal prison on one count of Felon in Possession of a Firearm. The Honorable Susan O. Hickey presided over the sentencing hearing in the United States District Court in El Dorado.
According to court records, On November 8, 2016, officers with the Texarkana Arkansas Police Department ("TAPD") were on routine patrol in Texarkana, Arkansas. A TAPD officer noticed a vehicle did not have a license tag and proceeded to stop the vehicle. The driver of the vehicle was Tatum. After being asked for his license and registration, Tatum removed something white from his vehicle, against the instructions of the officer. Tatum then ran away from the officer and a foot pursuit began. While chasing Tatum through the backyards of several Texarkana Arkansas residences, the officer saw Tatum attempting to stuff an item under a shed in one of the backyards. The officer then attempted to arrest Tatum, but he fled on foot once again. After back up arrived, several officers were able to locate and arrest Tatum. TAPD officers backtracked Tatum’s flight path and attempted to locate what was concealed under the shed that Tatum stopped at. They found a Kel-Tec, 9mm pistol, wrapped in a white Cleveland Cavaliers hat. After Tatum’s arrest, FBI Agents interviewed Tatum and spoke to him concerning the firearm seized during his arrest. After initially denying any knowledge of the firearm, Tatum later admitted that he had the firearm for protection and had possessed it since January. He also described the firearm as a Kel-Tec. At the time that Tatum possessed the above referenced firearm, he had been convicted of a felony drug offense in federal court.
Tatum was indicted by a federal grand jury in November 2016 and entered a guilty plea in April 2017.
This case was investigated by Texarkana and the FBI. Assistant United States Attorney Ben Wulff prosecuted the case for the United States.
Ten Defendants Charged in Jamestown Methamphetamine ConspiracyRead 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 a federal grand jury has returned an indictment charging eight defendants with conspiracy to possess with the intent to distribute, and to distribute, 50 grams or more of methamphetamine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine. Named in the indictment are:
• Danny W. Michael, III;
• Alexis V. Hall;
• Destiny J. Hare;
• Andrew C. Bennett;
• Searcy E. Fields;
• Jacob A. Motherwell;
• Michael A. Davis; and
• Stacie N. YancerIn addition, Jamell Trapp and Marcus Bowman were arrested and charged by criminal complaint with conspiracy to possess with the intent to distribute, and to distribute, 500 grams or more of methamphetamine, and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of five years in prison, and a maximum of 40 years, plus a mandatory consecutive five-year prison term. Jamell Trapp is also charged with being a felon in possession of a firearm.
Assistant U.S. Attorneys Patricia Astorga and Emmanuel Ulubiyo, who are handling the case, stated that according to the indictment, the defendants operated and participated in a large scale methamphetamine conspiracy in the Jamestown area between November 2017 and June 14, 2018.
The complaint further states that defendant Jamell Trapp is a member of a multi-state drug trafficking organization (DTO) that is suspected of trafficking and distributing large quantities of methamphetamine. The methamphetamine is believed to originate in Mexico, and is then moved to southern California for shipment to Western New York.
On June 18, 2018, at approximately 2:00 PM, members of the DEA, the FBI and USPIS, conducted a controlled delivery of a parcel to the residence of Jamell Trapp at 18 Wisteria Drive in Fredonia, NY. The original package containing suspected methamphetamine was intercepted by the USPIS on June 15, 2018 and replaced with sham. Marcus Bowman accepted the package upon delivery. A short time later, Bowman and Trapp were taken into custody. Law enforcement officers conducted a search of the residence and recovered a firearm and the package containing sham.
Defendants Hall, Hare, Bennett, Fields, and Motherwell were taken into custody this morning. Search warrants executed at the time of their arrests recovered a quantity of suspected crystal methamphetamine, pills, approximately $3,000 cash, drug paraphernalia, approximately 20 cell phones, and a laptop.
Defendants Yancer, Davis and Michael are currently in state custody.
“While much attention—and rightfully so—is given to the opioid epidemic, methamphetamine remains a formidable and increasing threat in various locations across the United States,” noted U.S. Attorney Kennedy. “In 2016, more than 7,500 Americans lost their lives to a methamphetamine overdose. Although the journey may be more prolonged than with opiates, the final destination is the same. Methamphetamines, like opiates, kill. Today’s round-up provides proof that the entire Department of Justice, working together with our state and local partners, will do all that we can to eradicate the deadly and varied threat presented by illicit drugs in every corner of our District.”
“These joint, strategic operations help us in this race to save lives,” said Gary Loeffert, Special Agent-in-Charge of the FBI's Buffalo Office. “The FBI concentrates on crime problems that pose major threats to American society and we are too familiar with this topic. Methamphetamine is a highly addictive, harmful stimulant. The men and women arrested today were pushing this unforgiving drug into the Jamestown community knowing it will inevitably destroy the lives of users and their families and friends.”
DEA Special Agent-in-Charge James Hunt stated, “Meth is cheap, addictive, highly toxic; and it is here, in the Southern Tier of New York. This investigation demonstrates that we are determined to eradicate methamphetamine traffickers by shutting down the source of supply. I applaud our law enforcement partners for their diligent work on this investigation.”
USPIS Acting Inspector-in-Charge, Boston Division, Delany De Leon-Colon stated, “Along with our law enforcement counterparts, Postal Inspectors will always pursue those who use the mail to conduct illegal activities, placing our employees and customers in harm’s way. When criminals use the mail for illegal enrichment, Postal Inspectors will not hesitate to ensure they are brought to justice.”
The indictment and criminal complaint are the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division; the Jamestown Police Department, under the direction of Chief Harry Snellings; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the United States Postal Inspection Service, Boston Division, under the direction of Acting Inspector-in-Charge Delany E. De Leon-Colon; the New York State Police, under the direction of Major Edward Kennedy; and the New York/New Jersey High Intensity Drug Trafficking Area.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Sumter Man Sentenced for Federal Firearm and Drug ViolationsRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Senior United States District Judge Joseph F. Anderson sentenced Leandre Budden, a/k/a “Bubba,” age 35, to 235 months of incarceration as a result of his conviction for Possession of Firearms and Ammunition by a Convicted Felon, in violation of Title 18, United States Code, Section 922(g), and Possession with Intent to Distribute Quantities of Cocaine and Crack Cocaine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).
Evidence presented in court established that in April and May of 2017, Budden sold both firearms and drugs throughout Sumter County, including a semiautomatic weapon. Budden is prohibited under federal law from possessing firearms based upon his prior separate state convictions for armed robbery, possession with intent to distribute marijuana, grand larceny, and burglary.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Sumter County Sherriff’s Office. Budden was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project Ceasefire is South Carolina’s continued application 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.
Assistant United States Attorney Alyssa Leigh Richardson of the Columbia office handled the case.
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St. Francis Woman Indicted for Assault with a Dangerous Weapon and Child AbuseRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, woman has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Child Abuse.
Tara Red Kettle, a/k/a Tera Red Kettle, age 20, was indicted on June 12, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on June 18, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in prison and/or a $250,000 fine, 5 years supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 6, 2018, Red Kettle abused, exposed, tortured, tormented, and cruelly punished a child who had not attained the age of seven years old.
The charges are merely accusations and Red Kettle is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Red Kettle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Springfield Man Faces 30 Years in Prison for Sexual Exploitation of ChildrenRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Mo., man has pleaded guilty in federal court to sexually abusing a child and taking sexually explicit photographs of his victim.
Anthony Cotter, 30, pleaded guilty before U.S. Magistrate Judge David P. Rush on Monday, June 18, 2018, to the sexual exploitation of children.
By pleading guilty, Cotter admitted that he received and distributed child pornography over the Internet. Cotter also admitted that he had a substantial amount of child pornography on his computer and cell phone.
Cotter told investigators he had been sexually abusing a minor female, identified in court documents as Jane Doe #1, and taking sexually explicit photographs of Jane Doe #1. Depictions of Cotter sexually abusing the child victim were recovered from his digital storage devices.
Under the terms of the plea agreement, Cotter will be sentenced to 30 years in federal prison without parole. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the Southwest Missouri Cybercrimes Task Force.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Springfield Man Faces 20 Years in Prison for Heroin Conspiracy, FirearmRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Mo., man pleaded guilty in federal court today to leading a conspiracy that distributed at least a kilogram of heroin in the Springfield area.
Roosevelt Simpson, 60, pleaded guilty before U.S. Magistrate Judge David P. Rush to one count of conspiracy to distribute at least a kilogram of heroin and to one count of possessing a firearm in furtherance of a drug-trafficking crime.
Simpson admitted that he was a leader in the drug-trafficking conspiracy from Sept. 1, 2012, to April 3, 2017. Simpson purchased heroin from Chicago, Ill., and St. Louis, Mo., which was transported to Springfield by vehicle. Simpson supplied heroin to other mid-level dealers, including co-defendants Romele E. Freeman, 53, and Kenneth M. Smith, 60, both of Springfield. Freeman and Smith, in turn, supplied other heroin dealers. Co-defendant Najee Boston, 37, of Springfield, personally transported heroin from St. Louis and also supplied Smith. Freeman, Smith and Boston also have pleaded guilty.
Simpson admitted that, beginning in April 2014, he purchased two to three ounces of heroin every two to three weeks. Simpson was “fronted” the heroin for $3,000 per ounce and profited approximately $4,000 per ounce. Simpson also admitted that he utilized a Rossi .38-caliber revolver for protection and aggression in furtherance of the drug-trafficking conspiracy.
During the course of the investigation, agents were able to infiltrate the drug-trafficking organization and buy heroin directly from Simpson and others. Today’s plea agreement cites several instances of undercover officers purchasing heroin from Simpson.
On April 12, 2016, law enforcement officers executed a search warrant at Simpson’s residence. They seized a total of 4.1 grams of heroin, $6,062 (some of which was hidden in a pair of shoes in a bedroom closet and above the cabinets in the kitchen), and the loaded Rossi revolver in a metal pot under the kitchen counter.
On April 3, 2017, law enforcement officers observed Simpson selling heroin to another person at a nearby convenience store. Officers searched his residence again and seized 4.5 grams of heroin.
Under the terms of today’s plea agreement, Simpson will be sentenced to 20 years in federal prison without parole. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Nhan D. Nguyen. It was investigated by the Drug Enforcement Administration, Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the Missouri State Highway Patrol and the Springfield, Mo., Police Department.
Scranton Man Pleads Guilty to Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Dickson Gutierrez, age 43, of Scranton, Pennsylvania, pleaded guilty on June 12, 2018, before Senior United States District Court Judge James M. Munley to possession with intent to distribute cocaine.
According to United States Attorney David J. Freed, Gutierrez admitted to possessing between 300 and 400 grams of cocaine for further distribution. The charge stems from an investigation, conducted in August 2017, in which police made two purchases of cocaine from Gutierrez and then obtained a search warrant for Gutierrez’s residence and vehicle, both located on Hampton Street in Scranton, and seized additional amounts of cocaine as well as $10,275 in cash.
Judge Munley ordered a presentence investigation to be completed. Sentencing will be scheduled at a later date.
Gutierrez was indicted by a grand jury in October 2017, as a result of an investigation by the Drug Enforcement Administration, the Pennsylvania State Police and the Scranton Police Department. Assistant United States 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 is up to twenty years in prison, 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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Roswell Woman Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Monica Vega, 35, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges. Vega’s plea agreement recommends a ten-year prison sentence followed by a term of supervised release to be determined by the court.
Vega was arrested on Nov. 17, 2017, on a three-count indictment charging her with methamphetamine trafficking and firearms offenses. The indictment charged Vega with possessing methamphetamine with intent to distribute on April 20, 2017 and Oct. 20, 2017, and possessing a firearm in furtherance of a drug trafficking crime on April 20, 2017. According to the indictment, Vega committed the crimes in Chaves County, N.M.
During today’s proceedings, Vega pled guilty to a two-count felony information charging her with possessing methamphetamine with intent to distribute. In entering the guilty plea, Vega admitted that on April 20, 2017, law enforcement agents seized approximately 57.8 grams of methamphetamine, drug paraphernalia, and $1,083 while executing a search warrant at her residence. Vega also admitted that on Oct. 19, 2017, New Mexico State Police officers seized approximately 33.6 grams of methamphetamine from her when they arrested her on a traffic violation. Vega acknowledged that she planned to distribute the methamphetamine to others for money.
Vega has been in federal custody since her arrest and remains detained pending her sentencing hearing, which has yet to be scheduled.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearm and Explosives, Homeland Security Investigations, the Roswell Police Department, New Mexico State Police and the HIDTA Chaves County Metro Narcotics Task Force. Assistant U.S. Attorneys Dustin C. Segovia and John Balla of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Randolph County man indicted in connection to destructive devicesRead the Press Release
ELKINS, WEST VIRGINIA – Robert C. Ard, of Elkins, West Virginia, was indicted today by a federal grand jury on charges related to two homemade explosive devices found in his home, United States Attorney Bill Powell announced.
Ard, age 54, is charged with one count of “Making an Unlawful Firearm” and one count of “Possession of Unregistered Firearm.” Ard is accused of making a firearm, that is a destructive device, and possessing a destructive device that wasn’t registered with the National Firearms Registry.
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 fine for each count. 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.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Owners of Miami Export Business Sentenced for $100 Million Unlicensed Money Transmitting and International Money Laundering SchemeRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that LUIS DIAZ JR. and LUIS JAVIER DIAZ were sentenced to eight months and four months in prison, respectively, for their roles in funneling more than $100 million through the U.S. financial system on behalf of various foreign businesses based predominantly in Venezuela. They did so through their Miami-based import/export company, which, for nearly five years, the defendants also used to operate an unlicensed money transmitting business. LUIS DIAZ JR. and LUIS JAVIER DIAZ were convicted of operating an unlicensed money transmitting business and international money laundering following a jury trial in November 2017 before U.S. District Judge William H. Pauley III, who also imposed today’s sentences.
U.S. Attorney Geoffrey S. Berman said: “This father-and-son duo used their small for a large-scale illegal money transmission and money laundering operation. By skirting the anti-money laundering safeguards required of licensed institutions, the defendants moved more than $100 million through U.S. financial institutions. Today’s sentence is a sign of the seriousness of these crimes and our Office’s commitment to prosecute them.”
According to the Indictment, other filings in Manhattan federal court, and the evidence presented at trial:
Between 2010 and 2016, LUIS DIAZ, JR., and LUIS JAVIER DIAZ used Miami Equipment and Export Company (the “Company”), a company they owned in Doral, Florida, to effect the transmission of at least $100 million on behalf of entities outside the United States, mostly located in Venezuela, to bank accounts in the United States and elsewhere, in exchange for a fee. During this time, the Company was not registered with the State of Florida or the Financial Crimes Enforcement Network (FinCEN), a component of the United States Department of the Treasury, as required by both state and federal laws applicable to money transmitting businesses.
Using unlicensed money transmitting businesses like the Company enables entities and individuals to move money into and through the U.S. financial system while avoiding licensed U.S. financial institutions that monitor for suspicious activity and report it to U.S. authorities, including through suspicious activity reports, or SARs. Instead, by going through unlicensed entities like the Company, foreign businesses ensure that suspicious patterns of transmissions will not be detected and reported as potential money laundering activity or other financial crime.
Through their unlicensed money transmitting business, LUIS DIAZ JR. and LUIS JAVIER DIAZ enabled a number of foreign businesses to move money into and around the United States. For instance, the defendants used the Company to transmit over $100 million into the United States on behalf of KCT, a large Venezuelan consortium of construction companies, and other entities located in Central and South America. After they received these funds from KCT or other companies, the defendants received instructions concerning where to send the money as well as fake invoices and contracts purporting to set forth a valid business reason for these payments. The fake invoices and contracts made the payments appear connected to legitimate business services being provided to the Company, such as consulting or engineering services. In this manner, the defendants sent money on behalf of KCT and other companies to U.S. and foreign bank accounts of shell companies located around the world, Venezuelan government officials, KCT employees in Venezuela, and others who had no relationship with the defendants or the Company. For all of these transmitting activities, the Company received over $1 million in fees.
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In addition to the prison terms, LUIS DIAZ JR., 76, and LUIS JAVIER DIAZ, 51, both of Miami, Florida, were sentenced to two years of supervised release. The amount of forfeiture will be determined at a later date.
Mr. Berman praised the outstanding investigative work of HSI, DEA, the Englewood, New Jersey, Police Department, and the Border Enforcement Security Task Force.
The case is being prosecuted by the Office’s Money Laundering and Asset Forfeiture Unit. Assistant U.S. Attorneys Edward B. Diskant, Daniel M. Tracer, and Benet J. Kearney are in charge of the prosecution.
Nine Members of Multi-State Drug Trafficking Network Plead GuiltyRead the Press Release
United States Attorney Brandon J. Fremin announced today the convictions of nine individuals charged in connection with an extensive federal, state, and local investigation by the Middle District Organized Crime and Drug Enforcement Task Force (OCDETF) aimed at a drug trafficking network based in Ascension Parish and operating in Louisiana, Texas, and Mississippi. The indictment filed in this matter charged significant drug trafficking offenses involving cocaine, crack cocaine, and heroin.
Last week, each of the following defendants appeared before Chief Judge Brian A. Jackson and pled guilty for their roles in the drug trafficking network:
- Arthur Johnson, Jr., a.k.a. “Nelson Howard,” “Wood,” and “Dread,” age 42, of Hattiesburg, Mississippi, CEO of “Ruff-n-Rugged Entertainment” in Geismar, Louisiana, pled guilty to 1 count of conspiracy to distribute and possess with intent to distribute 5 kilograms or more of cocaine, crack cocaine, and 100 grams or more of heroin, and 16 counts of unlawful use of a communication facility.
- Lorenza Benitez Alday, a.k.a. “Old Woman,” “Old Lady,” and “Old Girl,” age 52, of Gonzales, Louisiana, pled guilty to 1 count of conspiracy to distribute and possess with intent to distribute 5 kilograms or more of cocaine and 5 counts of unlawful use of a communication facility.
- Tom Christmas III, a.k.a. “Bald Head” and “Tom Jr.,” age 42, of Geismar, Louisiana, pled guilty to 1 count of conspiracy to distribute and possess with intent to distribute 5 kilograms or more of cocaine, crack cocaine, and 100 grams or more of heroin and 4 counts of unlawful use of a communication facility.
- Rodolfo De La Cruz Alday, age 45, of Gonzales, Louisiana, pled guilty to 1 count of conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine.
- Norberto Aaron Bejarano, age 31, of Houston, Texas, pled guilty to 1 count of distribution of 500 grams or more of cocaine.
- Reginald Jackson, a.k.a. “Lemonhead,” age 45, of Geismar, Louisiana, pled guilty to 1 count of conspiracy to distribute and possess with intent to distribute cocaine and 28 grams or more of crack cocaine.
- Ramsey Everett, a.k.a. “Ram,” age 31, of Hattiesburg, Mississippi, pled guilty to 1 count of misprision of a felony drug offense.
- Stephen Keys, a.k.a. “Bad Ass,” age 33, of Hattiesburg, Mississippi, pled guilty to 1 count of conspiracy to distribute and possess with intent to distribute cocaine.
- Sigmund Lewis, a.k.a. “Sig,” age 42, of Hattiesburg, Mississippi, pled guilty to 1 count of conspiracy to distribute and possess with intent to distribute cocaine.
As a result of their guilty pleas, each defendant faces a significant term of imprisonment, fines, and the forfeiture of proceeds from their illegal activity.
According to documents filed in connection with the guilty pleas, Arthur Johnson was the organizer and leader of a drug trafficking organization (DTO) responsible for the distribution of multi-kilogram quantities of cocaine, crack cocaine, and heroin in and around Hattiesburg, Mississippi, and Ascension Parish, Louisiana. Tom Christmas was Johnson’s second-in-command, supervising the criminal enterprise’s daily activities and collecting proceeds from the illegal sale of drugs by lower-level members of the DTO, including Jackson, Keys, Lewis, and Ramsey. Norberto Bejarano, and other couriers, transported cocaine from Texas to the Aldays’ residence in Gonzales, Louisiana. Lorenza and Rodolfo Alday thereafter supplied cocaine to Johnson for further distribution in and around Ascension Parish and Hattiesburg.
U.S. Attorney Fremin stated, “Our goal is to make our communities safe – taking multi kilo level drug dealers and their cronies off the street does just that. Our office will continue to aggressively pursue drug traffickers using all legal means available. I commend the FBI, the Ascension Parish Sheriff’s Office, and all of the other federal, state, and local law enforcement agencies who contributed to this important matter.”
This investigation is another effort by the OCDETF Program, which was established in 1982 to mount a comprehensive attack against organized drug traffickers. Today, the OCDETF Program is the centerpiece of the United States Attorney General’s drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations, money laundering organizations, and related criminal enterprises. The OCDETF Program operates nationwide and combines the resources and unique expertise of numerous federal, state, and local agencies in a coordinated attack against major drug trafficking and money laundering organizations.
This OCDETF operation is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana; the FBI Baton Rouge Capitol Area Gang Task Force, which is an FBI Safe Street Task Force that includes the East Baton Rouge Sheriff’s Office and Baton Rouge Police Department; the Ascension Parish Sheriff’s Office; the FBI Hattiesburg, Mississippi, Resident Agency; and the Hattiesburg, Mississippi, Police Department. This matter is being prosecuted by Assistant United States Attorney Jamie A. Flowers, Jr.