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Tuesday 19 June 2018
Nez Perce Man Sentenced to over Thirteen Years for Assault with a Short-Barreled ShotgunRead the Press Release
COEUR D'ALENE – Aleck Walker, 25, of Lapwai, Idaho, was sentenced today to a total of 166 months in federal prison by United States District Court Judge David C. Nye, U.S. Attorney Bart M. Davis announced. Judge Nye sentenced Walker to 46 months in prison for assault with a dangerous weapon and an additional 120 months for using a short-barreled shotgun in furtherance of the assault. Judge Nye also ordered Walker to serve 3 years of supervised release after his release from prison.
According to court records, in July 2017, Walker approached a woman parked in a vehicle in an alley. The woman’s daughter and father were also inside the vehicle. Walker asked the woman why she was in the alley and pointed a short-barreled shotgun at her head. The woman and her daughter both feared for their lives. The case was prosecuted in federal court because Walker is a Nez Perce tribal member and the offense occurred within the boundaries of the Nez Perce reservation. At sentencing, Walker apologized to the victims and said he was under the influence of drugs that day.
This case was investigated by the Nez Perce Tribal Police and the Federal Bureau of Investigation.
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Montana Resident Pleads Guilty to Production of Child Pornography in CaliforniaRead the Press Release
SAN FRANCISCO- Douglas Pippert pleaded guilty today to production of child pornography announced Acting United States Attorney Alex G. Tse and Federal Bureau of Investigation (FBI) Special Agent in Charge John F. Bennett. The Honorable Vince Chhabria, U.S. District Judge, accepted the guilty plea.
According to his plea agreement, in March of 2016, Pippert, 48, formerly of Montana, used a minor to take part in sexually explicit conduct. The minor was between 12 and 16 years old, and would often stay at Pippert’s California residence. While at his residence, Pippert would engage in sexually explicit conduct with the minor while the minor was both conscious and unconscious. Pippert made visual images of his sexual conduct with the minor and kept those images on numerous electronic devices. He also admitted to possessing over 600 images and video of children, including minors younger than twelve years old, engaging in sexually explicit conduct.
On November 2, 2017, a federal grand jury indicted Pippert, charging him with one count of production of child exploitation, in violation of 18 U.S.C. § 2251(a), and one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B). Pursuant to today’s agreement, Pippert pleaded guilty to the production charge and the possession charge was dismissed.
Judge Chhabria scheduled a sentencing hearing for September 4, 2018, at 10:30 a.m. The minimum statutory sentence for violating 18 U.S.C. § 2251(a) is 15 years of imprisonment and a term of supervised release upon release from prison for a minimum of 5 years. The maximum statutory sentence is 30 years of imprisonment and a term of supervised release for the remainder of his life. As part of any sentence, Judge Chhabria also may order Pippert to pay restitution and pay a fine of up to $250,000. However, any sentence following conviction will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant United States Attorneys Neal C. Hong and Meredith B. Osborn are prosecuting the case with the assistance of Kimberly Richardson. The prosecution is the result of an investigation by the FBI and the Fort Bragg Police Department.
Suspected child sexual exploitation or missing children may also be reported to the National Center for Missing & Exploited Children, an Operation Predator partner, via its toll-free 24-hour hotline, 1-800-THE-LOST.
Monroe County Man Sentenced to 87 Months in Prison on Drug Trafficking and Gun ChargesRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Laurence Cadogan, age 33, of Stroudsburg, Pennsylvania, was sentenced on June 18, 2018, by U.S. District Court Judge Malachy E. Mannion to serve 87 months’ imprisonment for heroin trafficking and unlawfully possessing a firearm in furtherance of heroin trafficking.
According to United States Attorney David J. Freed, Cadogan previously pleaded guilty to possessing with intent to distribute between 60 grams and 80 grams of heroin and unlawfully possessing two firearms in furtherance of drug trafficking. The crimes occurred on October 26, 2016, in Tannersville. Police and federal agents seized more than 3,000 bags of heroin and two loaded firearms during the investigation. Cadogan was ordered by Judge Mannion to forfeit the two firearms seized by agents.
Judge Mannion also ordered Cadogan to serve three years on supervised release following his prison sentence.
Cadogan was indicted by a grand jury in February 2017. The charges against Cadogan resulted from an investigation by the Drug Enforcement Administration (DEA) and the Stroud Area Regional Police Department. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
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Monroe County Man Guilty of Sex Trafficking and Heroin TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jamiell Sims, age 29, of East Stroudsburg, Pennsylvania pleaded guilty on June 18, 2018, before U.S. District Court Judge Malachy E. Mannion, to participating in a sex trafficking conspiracy that involved using threats and coercion to force women to engage in prostitution in the Monroe County area between 2011 and 2014. Sims also pleaded guilty to distributing heroin on four occasions in Monroe County during September-October 2016.
According to United States Attorney David J. Freed, Sims admitted to being a member of the Black P-Stones, a street gang that engaged in sex trafficking and drug trafficking in the Stroudsburg area. Sims admitted that he and other members of the P-Stones sex trafficked at least four women. Those women were advertised on websites and provided with hotel and motel rooms to engage in commercial sex acts with customers.
Those women were threatened, physically assaulted, and provided drugs by members of the gang to persuade them to engage or continue to engage in prostitution. Virtually all of the money earned by the prostitutes was turned over to the gang leaders, and the prostitutes were compensated with illegal drugs, including heroin and Percocet. Sims admitted to providing security for prostitution activities, collecting money from the prostitutes, and providing drugs to the prostitutes.
Sims also admitted distributing heroin on four occasions between September 19, 2016 and October 6, 2016.
Judge Mannion ordered a pre-sentence investigation to be completed. Sentencing for Sims will be scheduled at a later date.
Sims was indicted along with two other people by a federal grand jury in January 2018, as a result of an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, the Maine State Police, the Monroe County District Attorney’s Office, and local police in Monroe County. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The maximum penalty under federal law for these offenses is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Mexican National Pleads Guilty to Cocaine Trafficking and Child Pornography Charges Arising Out of Seizures at U.S. Border Patrol Checkpoint Near AlamogordoRead the Press Release
ALBUQUERQUE – Edgar Castillo-Alonso, 21, a Mexican national, pled guilty today in federal court in Las Cruces, N.M., to cocaine trafficking and child pornography charges arising out of seizures made on April 23, 2018, at the U.S. Border Patrol checkpoint on Highway 54 south of Alamogordo, N.M.
Castillo-Alonso was arrested in April 2018, on a criminal complaint charging him with possessing approximately 5.6 kilograms (12.4) pounds of cocaine with intent to distribute. The criminal complaint alleged that U.S. Border Patrol agents seized the cocaine from a vehicle driven by Castillo-Alonso during an inspection at the U.S. Border Patrol checkpoint on Highway 54 south of Alamogordo, in Otero County, N.M.
During today’s change of plea hearing, Castillo-Alonso pled guilty to a three-count felony information charging him with conspiracy to distribute cocaine, possession of cocaine with intent to distribute, and possession of child pornography. In his plea agreement, Castillo-Alonso admitted that on April 23, 2018, he transported approximately 5.6 kilograms of cocaine in Otero County, with the intention of delivering the cocaine to another person in exchange for money. Castillo-Alonso admitted that the cocaine was concealed in a hidden compartment in his vehicle. Castillo-Alonso also admitted possessing images of child pornography, which were stored on his cellular phone.
At sentencing, Castillo-Alonso faces a statutory mandatory minimum penalty of ten years and a maximum of life imprisonment on the cocaine trafficking charges, and a statutory maximum penalty of 20 years of imprisonment on the child pornography charge. Castillo-Alonso will also be required to register as a sex offender after he completes his prison sentence. He remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces offices of the DEA and FBI, and the U.S. Border Patrol. Assistant U.S. Attorney Brock E. Taylor is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For information about Project Safe Childhood, please visit http://www.justice.gov/psc/. Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center at (575) 526-3437.
Methamphetamine Trafficker Who Cut His Ankle Bracelet and Fled to Mexico during Trial Sentenced to 20 Years in PrisonRead the Press Release
Assistant U.S. Attorney Timothy F. Salel (619) 546-8055
NEWS RELEASE SUMMARY – June 13, 2018
SAN DIEGO – Drug trafficker Salvador Ojeda-Amarillas, who fled during his 2009 trial and was arrested years later in Mexico, was sentenced to 20 years in prison today for smuggling 66 pounds of pure methamphetamine from Mexico and distributing it throughout San Diego.
According to court records, from 2003 and 2007, Ojeda conspired with other drug traffickers to have pounds of methamphetamine smuggled into San Diego from Mexico, and distributed throughout San Diego County. Using court-authorized wiretaps on numerous cell phones, Drug Enforcement Administration special agents intercepted dozens of calls where Ojeda and others discussed logistics for their drug operations.
DEA special agents arrested Ojeda on May 17, 2007 when they executed a search warrant on Ojeda’s San Diego residence – in conjunction with 17 other search warrants executed by DEA throughout the county. Inside Ojeda’s home, DEA seized three firearms, including a loaded rifle located within arm’s reach of Ojeda’s bed, and a digital scale that tested positive for methamphetamine residue.
Ojeda’s trial began in May 2009. During the second week of trial -- after listening to dozens of intercepted calls where he heard himself using coded language to conduct drug deals, and the testimony of four cooperating defendants who received deliveries of pounds of methamphetamine from Ojeda -- Ojeda had heard enough. He cut his GPS bracelet and fled to Mexico.
Ojeda was convicted by the jury in absentia. Ojeda eluded arrest in Mexico for several years. He was eventually arrested in Mexico and extradited back to the United States in 2016.
In court today, U.S. District Judge William Q. Hayes said the government presented a very strong case at trial and the evidence against Ojeda was “overwhelming.” The case was aggravated, in part, based on the amount and type of substance – 66 pounds of pure methamphetamine smuggled from Mexico and distributed throughout San Diego over the course of multiple years. Judge Hayes said that a 20-year-sentence was appropriate because Ojeda was a leader of an extensive drug trafficking organization, possessed firearms at his home during the conspiracy, and he obstructed justice.
“This defendant found out today that the United States never forgets,” said U.S. Attorney Adam Braverman. “Ojeda listened to mountains of evidence against him and decided to flee. The outcome of this case is a reminder that the government will pursue those who peddle drugs and violence in our communities for as long as it takes, and the consequences of running are severe.”
“Today’s sentence was the solid end of a comprehensive DEA investigation focusing on methamphetamine trafficking organizations in San Diego,” said DEA San Diego Special Agent in Charge Karen Flowers. “Methamphetamine is a dangerous drug that continues to have a devastating impact on our society. The DEA will continue to work to bring methamphetamine traffickers to justice and make San Diego a safer place.”
This case is part of a multi-year investigation led by the DEA in Southern District of California that, in total, resulted in the arrest of 48 people, the seizure of 68 pounds of methamphetamine, 15 firearms, and approximately $295,000 in U.S. Currency.
This investigation is also the result of ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high-level members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.
DEFENDANT Criminal Case No. 07-CR-1408-WQH
Salvador Ojeda Amarillas Age: 62 Culiacan, Mexico
SUMMARY OF CHARGES
Conspiracy to Import Methamphetamine, in violation of Title 21 U.S.C. §§ 952, 960 and 963. Term of custody including a mandatory minimum 10 years and up to life imprisonment, $4,000,000 fine, and a term of supervised release of at least 5 years and up to life.
Conspiracy to Distribute Methamphetamine, in violation of Title 21 U.S.C. §§ 841 and 846. Term of custody including a mandatory minimum 10 years and up to life imprisonment, $4,000,000 fine and and a term of supervised release of at least 5 years and up to life.
AGENCIES
Drug Enforcement Administration (San Diego Field Office)
Internal Revenue Service – Criminal Investigations
Bureau of Alcohol, Tobacco, Firearms, and Explosives
Homeland Security Investigations
Customs and Border Protection
United States Marshals Service
Federal Bureau of Investigation
Escondido Police Department
National City Police Department
San Diego County Sheriff’s Office
OTHER RELATED CASES
United States v. Andres Chavez-Chavez, et al., 07-CR-1408-WQH
Andres Chavez-Chavez - 210 months prison
David Chavez-Chavez - 121 months prison
Joel Chavez-Chavez - 121 months prison
Miguel Sandoval-Valencia - 51 months prison
Luis Sandoval-Valencia - 97 months prison
Carlos Perez - 108 months prison
Ricardo Madrigal - 51 months prison
Ismael Pena - 63 months prison
Teresa Hermasillo - 41 months
Rosa Arellano - 33 months prison
Ruben Hernandez-Romero - 72 months prison
Joaquin Bucio-Rodriguez - 120 months prison
United States v. Salvador Chavez-Chavez, et al., 07-CR-1407-WQH
Salvador Chavez-Chavez - 91 months prison
Julio Lua-Chavez - 121 months prison
Gerardo Casanova- 51 months prison
United States v. Edurardo Barajas, et al., 07-CR-2985-WQH
Eduardo Barajas - 120 months prison
Victor Ramos - 144 months prison
Alejandro Velarde - 53 months prison
Miguel Rivera Medina - 97 months prison
Jacob Tellaeche - 120 months prison
Thomas Alejadro Manzano - 120 months prison
Julio Cesar Jimenez - 70 months prison
Ernesto Roman Lopez - 63 months prison
United States v. Jose Torres-Gamino, et al., 07-CR-1545-WQH
Jose Torres-Gamino - 63 months prison
Uriel Estrada-Cardenas - 60 months prison
McAllen Man Heads to Prison for Receiving Child Pornography VideosRead the Press Release
McALLEN, Texas – A 28-year old resident of McAllen has been ordered to federal prison following his conviction of one count of receipt of child pornography, announced U.S. Attorney Ryan K. Patrick. Jesus Salvador Lara-Perez pleaded guilty Dec. 5, 2016.
Today, U.S. District Judge Ricardo Hinojosa handed Lara-Perez a 66-month-sentence. Lara-Perez was further ordered to $750 in restitution to a known victim and will serve five years of supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. He will also be ordered to register as a sex offender.
Lara-Perez came to the attention of law enforcement following an investigation which began on Nov. 8, 2015, into persons using the internet to traffic in child pornography. A special agent with Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) was able to locate and identify a computer as offering to participate in the receipt of child pornography videos through the peer-to-peer network on the Internet. Through the investigation, it was determined the computer was located at a residence in McAllen.
On June 28, 2016, authorities executed a federal search warrant at that residence, during which time they seized a laptop computer. A forensic examination on the computer revealed 198 videos and 109 images of child pornography involving clearly young children engaged in sexually explicit conduct. These videos included children under the age of 12 involved in sadistic conduct, bondage and other depictions of violence. Some of the videos are of known victims as identified through the National Center for Missing and Exploited Children.
Lara-Perez admitted he downloaded and viewed child pornography from the Internet, thereby receiving the child pornography found on his laptop computer. He admitted he had been downloading child pornography for approximately three years.
Lara-Perez will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
HSI conducted the investigation.
This case, prosecuted by Assistant U.S. Attorney Alex Benavides, 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."
Marion County man sentenced for drug distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – Thomas Keener, II, of Fairmont, West Virginia was sentenced today to nine months incarceration for a drug distribution charge, United States Attorney Bill Powell announced.
Keener, age 23, pled guilty to one count of “Unlawful Use of Communication Facility” in October 2017. Keener admitted to using a phone to distribute and assist in a conspiracy to distribute oxycodone in Monongalia County in February 2017.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the cases on behalf of the government. The Mon Metro Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Marion County man indicted on drug chargeRead the Press Release
ELKINS, WEST VIRGINIA – A Fairmont, West Virginia man was indicted today by a federal grand jury on a methamphetamine distribution charge, United States Attorney Bill Powell announced.
Fredrick L. Chapman, also known as “Fred L. Chapman” and “Freddie,” age 61, is charged with one count of “Possession with the Intent to Distribute Methamphetamine.” Chapman is accused of possessing methamphetamine in Marion County in May of 2018.
The United States is also seeking forfeiture of $37,829 as proceeds derived directly or indirectly from the alleged crime.
Chapman 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 Traci M. Cook is prosecuting the case on behalf of the government. The Three Rivers Drug & Violent Crimes Task Force investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Manchester Woman Sentenced to 6 months for Straw Purchase of Firearm for Massachusetts FelonRead the Press Release
CONCORD – Jessica Fithian, 34, of Manchester, New Hampshire, was sentenced in federal court to 6 months in prison for purchasing a firearm for a Massachusetts felon, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, Fithian agreed with co-defendant Matthew Bergeron to purchase a firearm, ammunition, and an extended clip magazine on Bergeron’s behalf in July and August 2016, from a federally licensed firearms dealer in Hooksett, New Hampshire. In completing the purchase of the firearm, Fithian falsely stated that she was purchasing the firearm for herself when she was, in fact, purchasing it for Bergeron. At the time, Bergeron was a previously convicted felon and a resident of Massachusetts, and could not legally purchase firearms for himself in New Hampshire. The scheme to acquire the firearm came to light after the firearm was recovered in late August 2016 in connection with a shooting incident in Leominster, Massachusetts, where Bergeron was present.
A federal grand jury indicted Fithian and Bergeron in November 2016. Bergeron previously pleaded guilty to his conduct involving Ms. Fithian and an additional individual, and was sentenced to 78 months imprisonment in June 2017. Fithian pleaded guilty in March 2017. Following the completion of her term of imprisonment, Fithian has been ordered to serve a term of 3 years of supervised release.
“In order to reduce violent crime and protect our community, we must prevent convicted felons from obtaining firearms” said U.S. Attorney Murray. “The imposition of a prison sentence in this case should serve as a warning to those who would be willing to provide firearms to felons.”
“ATF is determined to keep guns out of the hands of criminals. Far too many violent crimes result from straw purchasers buying guns for people who are prohibited from having them. ATF will continue to work with our law enforcement partners to pursue and arrest those who commit these criminal acts,” said ATF Assistant Special Agent in Charge Lawrence Panetta.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes. The case is being prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
The case is part of ATF’s Project Safe Neighborhoods initiative, a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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Man with 24 Adult Criminal Convictions Sentenced to Federal Prison for Wire FraudRead the Press Release
A Dubuque area man who participated in a fraud that victimized more than 250 elderly victims across the United States was sentenced today to nearly five years in prison.
Evidence at the sentencing hearing and prior court hearings in related cases showed that Cody Richey, age 27, from Zwingle, Iowa, was involved in a scheme to defraud victims, who were generally elderly, around the country. In a plea agreement, Richey admitted that while he never made calls to victims, other individuals involved in the scheme called victims on the phone and told these victims that a relative was in jail. The caller would then ask the victims to wire money via Western Union or Money Gram to get the relative released. Richey further admitted that the money was being wired to various participants in the fraud who would pick up the wire transfers. He admitted that he received wire transfers from the victims and sent money received from victims overseas. The scheme victimized more than 250 victims across the country. These victims lost more than $750,000 as a result of the fraud. Ten other people have been sentenced in federal court for their roles in the fraud.
Richey was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Richey was sentenced to 57 months’ imprisonment. He was ordered to pay more than $26,000 in restitution. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
The prosecution is part of the Elder Justice Initiative of the Department of Justice. In June 2016, the United States Attorney’s Office for the Northern District of Iowa was selected as one of 10 districts in the nation to form an Elder Justice Task Force (http://go.usa.gov/cSngj). The task force was assembled to foster a collaborative working relationship among all levels of government officials, advocacy groups for the elderly and the disabled, and others charged with the care and protection for these vulnerable groups. The goals include ensuring the integrity of all government expenditures by eliminating fraud, waste, and abuse in health programs, and protecting some of the state’s most vulnerable citizens from harm, whether it occurs in nursing homes or other institutions or involves financial fraud schemes. To learn more about the Department of Justice’s Elder Justice Initiative, visit: https://www.justice.gov/elderjustice/.
Richey is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Department of Homeland Security - Investigations and the Dubuque Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 17-CR-1004 and 17-CR-1038.
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Man Sentenced to Life Imprisonment for his Role in Three Homicides and Witness TamperingRead the Press Release
St. Louis, MO – Demante Syms, 26, of Saint Louis, Missouri, was sentenced to life imprisonment plus one year for his participation in the killing of three individuals in furtherance of drug trafficking and his tampering with a witness. Syms was sentenced by United States District Court Judge John A. Ross.
According to court documents, Jacobi Temple, Syms and Samuel Spires traveled in a vehicle to the area of 4467 Itaska Street. Temple went there to obtain payment for heroin previously distributed by him that had not been paid for. Temple learned of the 4467 Itaska location from Tammie Thurmond who was the mother of Paige Schaefer. As Temple and Syms were inside 4467 Itaska demanding payment, Temple shot and killed James Lacey and Paige Schaefer. Brittney Brown was shot in the head and severely injured. Syms blocked the door while Temple committed the killings at Itaska. (Spires remained outside the Itaska residence in a parked vehicle.) Shortly after, Temple, Syms and Spires located Ms. Thurmond. With Syms seated next to her inside the backseat of a vehicle, Temple took Ms. Thurmond to an alley, then shot and killed her.
After being shot in the head inside the Itaska residence, Brittney Brown struggled to, but successfully contacted 911. Ms. Brown survived but was hospitalized for a significant period of time. While hospitalized (and continuing after her release), Ms. Brown provided invaluable support and assistance to law enforcement officials. Ms. Brown provided a powerful, moving victim impact statement during today’s sentencing for the court’s consideration in fashioning an appropriate sentence for Syms.
Following his federal indictment for drug trafficking and murder, Syms recruited his mother, Tabitha Hunt, to assist him in tampering with a witness in connection with the underlying homicide investigation. Syms and his mother were subsequently indicted in a second federal indictment as a result.
Today’s sentence of life imprisonment plus one year holds Syms accountable for his conduct in both federal indictments. Following sentencing, United States Attorney Jeff Jensen reiterated the important message that such a strong sentence sends, “People who commit violent crimes will be punished harshly. I am very grateful to Brittney Brown for taking a stand against these murderers.”
As for Syms’ co-defendant, Hunt was sentenced to term of federal supervised release on May 1, 2018. Spires was sentenced to 20-years imprisonment on May 23, 2018. Temple’s sentencing is set for July 27, 2018.
This case was investigated as part of the on-going effort between the United States Attorney’s Office, the Saint Louis Metropolitan Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives to address the violent crime within the City of Saint Louis.
Macon Man Charged with Enticing A MinorRead the Press Release
Deron Lamonte Hill, age 23, of Macon, Georgia, has been indicted by a Federal Grand Jury for Attempted Online Enticement of a Minor and Transfer of Obscene Material to a Minor, announces United States Attorney Charles E. Peeler. An indictment is only an allegation of criminal conduct. Mr. Hill is presumed innocent until and unless proven guilty in a court of law beyond a reasonable doubt.
If convicted of Attempted Online Enticement, Mr. Hill faces a maximum sentence of life imprisonment, a $250,000 fine, or both. He faces up to ten (10) years’ imprisonment on the Transfer of Obscene Material to a Minor charge.
The case was investigated by the Bibb County Sheriff’s Office with assistance from the Macon Resident Agency Office of the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney C. Shanelle Booker.
“Protecting minors from online predators is a priority of our office and the focus of the Department of Justice’s Project Safe Childhood initiative. We will vigorously prosecute those alleged to have engaged in such conduct,” stated United States Attorney Peeler.
Questions concerning this release should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
Luzerne County Woman Sentenced to 28 Months in Prison for Participating in Heroin Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brandy Carey Malinosky, age 42, of Pittston Township, was sentenced on June 12, 2018, to 28 months’ imprisonment and to serve four years on supervised release by Senior U.S. District Court Judge James M. Munley, for her role in a heroin trafficking conspiracy that operated in Luzerne County during February through November 2014.
According to United States Attorney David J. Freed, Malinosky previously pleaded guilty to conspiracy to possess with intent to distribute more than 100 grams of heroin. Malinosky admitted to distributing heroin on a daily basis for Desmond Mercer, the leader of the drug conspiracy. Malinosky distributed between 100 and 400 grams of heroin for Mercer, which is approximately equivalent to between 4,000 and 16,000 retail bags of heroin.
Mercer previously pleaded guilty to heading-up the drug conspiracy and was sentenced to 14 years’ imprisonment.
Shaliek Stroman and Shaquan Murphy, two key associates of Mercer, were each sentenced to more than 12 years’ imprisonment for their roles in the conspiracy. Another member of the drug ring, Antuan Jamison, was sentenced to five years’ imprisonment.
Malinosky was indicted by a federal grand jury in February 2016, as a result of an investigation by Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Luzerne County District Attorney’s Office, and Kingston Police. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Lewis County man indicted on drug and firearms chargesRead the Press Release
ELKINS, WEST VIRGINIA – John David Davisson, of Weston, West Virginia, was indicted today by a federal grand jury on firearms and methamphetamine distribution charges, United States Attorney Bill Powell announced.
Davisson, age 27, is charged with one count of “Unlawful Possession of a Firearm,” one count of “Possession of a Stolen Firearm,” one count of “Possession with Intent to Distribute Methamphetamine,” one count of “Carry a Firearm During a Drug Trafficking Crime,” and one count of “Obliterated Serial Number.” Davisson is accused of possessing a .45-caliber pistol and two 9mm pistols while possessing crystal methamphetamine, also known as ice, in October 2017 in Lewis County. The .45-caliber pistol was allegedly stolen, and one of the 9mm pistols had an obliterated serial number.
Davisson faces up to life incarceration and a fine of up to $250,000 for the carry during a drug crime count, 20 years incarceration and a fine of up to $1,000,000 for the methamphetamine count, up to 10 years and a fine of $250,000 fine for each of the remaining counts. 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 Lewis 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.
Lee County Project Safe Neighborhood Program Yields Guilty Plea, Sentencing, of Repeat Offenders for Federal Firearms ViolationsRead the Press Release
Greensboro, N.C. – One Lee County man pleaded guilty to possession of a firearm by a convicted felon and possession of a firearm with an altered or obliterated serial number, and another Lee County man was sentenced for possession of ammunition by a convicted felon, announced United States Attorney Matthew G.T. Martin. These cases resulted from close federal and local coordination through the Lee County Project Safe Neighborhoods (“PSN”) program, which is intended to reduce violent and gun-related crime.
On June 11, 2018, Teon Shamal La’Shane Douglas, age 22, of Sanford, N.C., pleaded guilty before the Honorable Thomas D. Schroeder, Chief United States District Judge, to a violation of 18 U.S.C. § 922(g)(1), which makes it a federal crime for a previously convicted felon to possess a firearm or ammunition, and to a violation of 18 U.S.C. § 922(k), which makes it a federal crime to possess a firearm with a removed, altered, and/or obliterated manufacturer’s serial number.
As set forth in the factual basis filed in support of Douglas’s plea of guilty, on June 11, 2017, officers with the Sanford Police Department were on routine patrol when they pulled Douglas over for speeding. After smelling the odor of marihuana in the car, officers searched it and discovered a Walther handgun and a Sig Sauer handgun. Douglas had multiple previous convictions, including a 2016 conviction for Felony Possession with Intent to Manufacture/Sell/Deliver a Scheduled II Controlled Substance. On November 28, 2017, officers with the Lee County Sheriff’s Office pulled a car over with no registration plates. Douglas was a passenger in the car. After smelling the odor of marihuana in the car, officers searched the car and its occupants. They found a Ravens Arms pistol in the car and a second Ravens Arm pistol with an altered serial number in Douglas’s pants.
Douglas faces a maximum term of imprisonment of ten years for the first violation and a maximum term of imprisonment of five years for the second violation. The Court may also impose a term of supervised release of up to three years, a maximum fine of $250,000, and a special assessment fee of $100.00, for each violation. Douglas will be sentenced on September 18, 2018 at 2 p.m. in Winston-Salem Courtroom Two.
On June 15, 2018, Diante Tyrell Roberson, age 20, of Sanford, N.C., was sentenced by the Honorable N. Carlton Tilley, Jr., Senior United States District Judge, to imprisonment for thirty months, followed by three years supervised release and a $100.00 special assessment fee. On March 8, 2016, Roberson pleaded guilty to a violation of 18 U.S.C. § 922(g)(1), which makes it a federal crime for a previously convicted felon to possess a firearm or ammunition.
On July 6, 2017, officers with the Lee County Sheriff’s Office responded to a 911 call from a home in Sanford, N.C., reporting the shooting of a dog. Through the investigation, officers determined that Roberson had come to the home after midnight that evening and sent text messages to one of its occupants that threatened violence if she did not let him into the home. When the occupant would not come to the door, Roberson shot and killed a pet dog in the yard in retaliation. A 9mm shell casing was located near the corpse of the dog. Roberson had a 2017 conviction for Felony Accessory After the Fact related to a robbery.
These two matters are the result of close cooperation among members of the Lee County PSN coalition. PSN is a data-driven, nationwide Department of Justice coordinated gun and violent crime strategy designed to protect communities. The Lee County PSN coalition is comprised of the Sanford Police Department, the Lee County Sheriff’s Office, the Broadway Police Department, the Department of Public Safety Division of Adult Correction and Juvenile Justice (probation), the State Bureau of Investigation, the District Attorney’s Office for the 11A Prosecutorial District, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Attorney’s Office, and many other community members and agencies.
These cases were investigated by the Sanford Police Department, the Lee County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The cases were prosecuted by Assistant United States Attorney JoAnna G. McFadden.
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Kirksville Man Faces Twenty-Five Years for Enticement of a MinorRead the Press Release
St. Louis —Scott Walsh, 46, of Kirksville, was taken into federal custody today on an Indictment charging him with enticing a minor to engage in sexually explicit conduct. Specifically, it is alleged Walsh contacted a minor online and caused him to produce an obscene video of himself and share it with Walsh. Walsh, a prior sexual offender, is charged under Title 18, United States Code Section 2251(a), punishable under Section 2251(e), which calls for a minimum term of imprisonment of 25 years.
United States Attorney Jeff Jensen said “the allegations in this indictment are every parent’s nightmare. I applaud the continuing efforts of Project Safe Childhood and its state and local partner agencies in developing these difficult cases.”
Project Safe Childhood is the U.S. Department of Justice’s nationwide effort to develop and prosecute cases involving child pornography and exploitation.
The case was investigated by the Kirksville Police Department, the Shelbina Police Department, and the FBI, in cooperation with the Adair County Prosecuting Attorney’s Office. Assistant U.S. Attorney Colleen Lang is handling the case for the U.S. Attorney’s Office.
Kansas Man Sentenced to 40 Years in Federal Prison on Child Pornography ChargesRead the Press Release
In San Antonio today, a federal judge sentenced 48–year–old Edward Eugene Lowe, Jr., to 40 years in federal prison on child pornography charges, announced United States Attorney John F. Bash and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
United States District Judge Xavier Rodriguez also ordered that Lowe pay $10,000 restitution to his victim.
On March 15, 2018, Lowe pleaded guilty to one count of distribution of child pornography and one count of production of child pornography. By pleading guilty, Lowe admitted that on June 25, 2010, he sent images of child pornography to a minor male victim. Lowe further admitted that on July 11, 2010, he persuaded the minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct.
FBI agents were alerted after images of the minor were discovered on the minor’s iPad. Further investigation revealed that the minor was communicating with the defendant. Lowe, who at the time resided at a state hospital in Kansas after being committed as a sexual offender, had paid individuals to smuggle cellular phones into the hospital so that he could communicate with underage males and solicit images of child pornography.
On October 4, 2011, FBI agents executed a search warrant and seized Lowe’s phone. A forensics review of the phone revealed sexually explicit images and email communications between Lowe and the minor since May 2010.
The FBI’s San Antonio Child Exploitation Task Force investigated this case. Assistant United States Attorney Tracy Thompson prosecuted this case on behalf of the Government.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Justice Department Settles Immigration-Related Discrimination Claim Against Setpoint Systems Inc.Read the Press Release
The Justice Department today announced that it reached a settlement with Setpoint Systems Inc., an Ogden, Utah, engineering company. The settlement resolves the Department’s investigation into whether the company engaged in hiring discrimination against non-U.S. citizens protected under the Immigration and Nationality Act’s (INA) anti-discrimination provision.
The Department’s investigation found that from 2015 to 2017, Setpoint Systems had an unlawful policy of hiring only U.S. citizens for professional positions and refusing to consider otherwise qualified non-U.S. citizens based on the company’s erroneous understanding of the International Traffic in Arms Regulations (ITAR). ITAR regulates specific exports of defense articles and services, and limits the access of certain sensitive information to U.S. citizens, U.S. nationals, lawful permanent residents, asylees, and refugees. ITAR thus does not authorize employers to only hire U.S. citizens. The anti-discrimination provision of the INA makes it unlawful for an employer to discriminate against an individual in the recruitment and hiring process based on citizenship status, unless authorized by law.
Under the settlement, Setpoint will pay a $17,475 civil penalty to the United States, train its human resources personnel on the requirements of the INA’s anti-discrimination provision, and be subject to departmental monitoring and reporting requirements.
“Employers may not adopt discriminatory hiring policies that harm workers who are protected by the law,” said Acting Assistant Attorney General John Gore. “We look forward to working with Setpoint Systems to ensure that its hiring procedures fully comply with the INA’s protections against citizenship status discrimination.”
The Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits, among other things, citizenship, immigration status, and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation.
For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites.
Applicants or workers who believe they were subjected to different documentary requirements based on their citizenship, immigration status, or national origin; or discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral, should contact IER’s worker hotline for assistance.
Johnstown Felon Admits Illegally Possessing Loaded PistolRead the Press Release
JOHNSTOWN, Pa. – A resident of Johnstown, Pa. pleaded guilty in federal court to a charge of unlawful possession of a firearm by a convicted felon, United States Attorney Scott W. Brady announced today.
Anthony Rodney Edwards, 31, pleaded guilty to one count before United States District Judge Kim R. Gibson.
In connection with the guilty plea, on Mar. 15, 2018, he was found in possession of a loaded Norinco .38 caliber pistol. On Mar. 31, 2017, Edwards was convicted in Cambria Co., Pa., of firearms not to be carried without a license, which is a crime punishable by imprisonment for a term exceeding one year. Federal law prohibits persons who have been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing firearms.
Judge Gibson scheduled sentencing for Oct. 23, 2018, at 10 a.m. The law provides for a mandatory sentence of at least 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 offense and the prior criminal history of the defendant.
Assistant United States Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The United States Marshals Service conducted the investigation that led to the prosecution of Edwards.
- Jamestown Man Pleads Guilty to Child Pornography Charge
Investment Advisors Sentenced to Prison for Defrauding a Client and Tax ChargesRead the Press Release
Two Palm Beach County investment advisors were sentenced to prison for their roles in defrauding a client and tax evasion charges.
Benjamin G. Greenberg, U.S. Attorney for the Southern District of Florida, Michael J. DePalma, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Robert F. Lasky, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
Shawn O’Sullivan, 59, was sentenced today to 16 months in prison, to be followed by 3 years of supervised release. On May 23, 2018, co-defendant Heidi Wivolin, 49, was sentenced to 24 months in prison, to be followed by 3 years of supervised release. Both Wivolin and O’Sullivan were ordered to pay restitution of $2,757,865.51 to victims. Wivolin was ordered to pay an additional $140,069 to the IRS. O’Sullivan was ordered to pay $121,167 to the IRS.
The defendants previously pled guilty to one count of conspiracy to commit mail fraud, in violation of Title l8, United States Code, Sections 1349, and one count of tax evasion, in violation of Title 26, United States Code, Section 7201. Wivolin also pled guilty to one count of willfully filing a false tax return, in violation of Title 26, United States Code, Section 7206(1).
According to publicly filed court documents, O’Sullivan and Wivolin were investment advisors to an elderly client. After the client’s death, Wivolin continued to financially advise the victim’s daughter (Victim #1), who inherited part of the elderly client’s estate. Wivolin reviewed the investments, and advised Victim #1 regarding various annuities and insurance policies she and her husband had. Wivolin also prepared the state and federal tax returns for Victim #1 and her husband over a number of years, and met with them to advise them on their investments and prepare their tax returns.
Between July 2008 and January 2014, the defendants devised a scheme to defraud Victim #1 by obtaining money from her under false and fraudulent pretenses by purporting to sell her a tax deferred, fixed interest rate bond which the defendants never intended to, nor did actually purchase with the money. As part of the scheme, on July 15, 2008, Wivolin offered Victim #1 $100,000 bond through Finntrust, promising a 7% rate of return. Victim #1 agreed to purchase the Finntrust bond and gave Wivolin a check for $100,000. O’Sullivan was the director, registered agent, and at times, an officer of Finntrust lnc.
Over the next few years, Wivolin gave Victim #1 numerous verbal assurances that her money was safely invested and secure in the Finntrust bond, when in truth, the defendants never invested Victim #1’s $100,000 in a bond or in any investment vehicle whatsoever. Instead, the defendants used the $100,000 for their own personal and business expenses.
O’Sullivan failed to file tax returns and report all of his income for tax years 2011 to 2013, resulting in taxes due and owing totaling $121,167. Wivolin failed to report all of her income to the IRS, resulting in a tax due and owing of $140,069 for tax years 2009 to 2013.
Mr. Greenberg commended the investigative efforts of IRS-CI and the FBI. The case was prosecuted by Assistant U.S. Attorney Aurora Fagan.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Illegal alien indicted on reentry chargeRead the Press Release
ELKINS, WEST VIRGINIA – Alejandro Ascencio-Sotelo, a citizen of Mexico, was indicted today by a federal grand jury on an illegal reentry charge, United States Attorney Bill Powell announced.
Ascencio-Sotelo, age 30, is charged with one count of “Reentry of Removed Alien.” Ascnecio-Sotelo is accused of illegally being in Weirton, West Virginia in June 2018 after being removed from Brownsville, Texas in 2008.
Ascencio-Sotelo faces up to two years incarceration and a fine of up to $250,000. 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 L. Vogrin is prosecuting the case on behalf of the government. The Department of Homeland Security Immigration and Customs Enforcement investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Illegal Possession of a Firearm Sends Local Man to PrisonRead the Press Release
CORPUS CHRISTI, Texas - A previously convicted felon has been ordered to federal prison for illegally possessing a firearm, announced U.S. Attorney Ryan K. Patrick. Cruz Edwardo Gonzalez, 30, of Corpus Christi, pleaded guilty Feb. 1, 2018, to a single count of being a felon in possession of a firearm.
Today, U.S. District Judge Nelva Gonzales Ramos sentenced Gonzalez to 84 months imprisonment to be immediately followed by three years of supervised release.
In March 2017, authorities were attempting to serve an arrest warrant on Gonzalez for delivery of a controlled substance. The agents located and arrested him at his residence in Corpus Christi, at which time Gonzalez gave consent to search the location. Agents and officers soon discovered a loaded 9mm semi-automatic handgun with an obliterated serial number in his bedroom. Gonzalez, who had a previous felony conviction, is prohibited from possessing firearms and ammunition per federal law.
Gonzalez was arrested at the time of the offense and transferred into federal custody in December 2017 as part of a coordinated federal, state and local law enforcement effort known as Operation City Shield. The operation was designed to identify violent offenders, stop gun violence and protect the community.
Gonzalez has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be designated in the near future.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Corpus Christi Police Department conducted the investigation.
Assistant U.S. Attorney Lance Watt is prosecuting the case.
Huntington Felon Pleads Guilty to Illegally Possessing AmmunitionRead the Press Release
HUNTINGTON, W.Va. - A Huntington man pled guilty today to being a felon in possession of ammunition, announced United States Attorney Mike Stuart. Landrius Tyree Boose, 34, entered his guilty plea to possession of ammunition by a prohibited person. U.S. Attorney Stuart commended the investigative efforts of the Huntington Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“A defendant like Boose would often be prosecuted in state court,” said United States Attorney Mike Stuart. “However, as part of Project Huntington, defendants like Boose are being prosecuted federally because the federal system has stiffer penalties for gun crimes. We are working closely with the Cabell County Prosecuting Attorney’s Office to review drug and gun cases to determine the best venue for prosecution.”
On March 22, 2018, a Huntington Police Officer on patrol observed a Honda Accord with an expired registration sticker. The officer activated his emergency lights and began pursuing the vehicle. Boose, the driver of the Honda, admitted that he attempted to flee from the officer by speeding through a residential area of Huntington and crossing several busy intersections while not yielding or stopping for oncoming traffic. Boose further admitted that he eventually stopped at a parking lot, exited the car, and fled on foot.
Law enforcement soon apprehended Boose, and he admitted that he was carrying a backpack with a box of .45 caliber bullets. Boose additionally admitted that he had a set of digital scales and $380 cash in his pockets. Boose was prohibited from possessing ammunition under federal law because of a 2009 felony drug conviction in Cabell County Circuit Court.
Boose faces up to 10 years in federal prison when he is sentenced on September 18, 2018.
Assistant United States Attorney Clint Carte is responsible for the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
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.
Follow us on Twitter: SDWVNews and USAttyStuart
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Honduran National Sentenced for Illegal ReentryRead the Press Release
U.S. Attorney Duane A. Evans announced that JOSE DECIDERIO ALVARADO-CARDOZA, age 31, a citizen of Honduras, was sentenced Thursday, June 14, after pleading guilty to a one-count indictment charging him with illegal reentry of a removed alien after deportation, in violation of Title 8, United States Code, Section 1326(a).
United States District Judge Sara S. Vance sentenced JOSE DECIDERIO ALVARADO-CARDOZA to six months in prison and ordered him to pay a $100 special assessment fee. The defendant will be surrendered to the custody of U.S. Immigration and Customs Enforcement for removal proceedings.
According to the indictment, on February 26, 2018, ALVARADO-CARDOZA was found to have reentered the United States after he was been previously deported on January 8, 2011.
U.S. Attorney Evans praised the work of the United States Department of Homeland Security, Immigration and Customs Enforcement in investigating this matter. Assistant United States Attorney Spiro Latsis is in charge of the prosecution.
Hawaii Man Sentenced to Six Months for Wire FraudRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Jonathan F. Cowles, 47, of Honolulu, Hawaii, and formerly of Rowley, Massachusetts, was sentenced today in U.S. District Court by Judge Jon D. Levy to six months in prison and three years of supervised release for wire fraud. Cowles was also ordered to pay $359,784.90 in restitution. He pled guilty on January 22, 2018.
According to court records and evidence, between March and June 2014, the defendant used interstate wires to skim about $25,000 in commissions to which he was not entitled from his employer, Maine Coast Shellfish, LLC (Maine Coast), a lobster wholesaler located in York, Maine. As part of his fraudulent scheme, he also caused Maine Coast to ship about 50,000 lbs. of lobster worth $359,784.90 to a customer in China whose true identity he concealed and for which Maine Coast was not paid.
The investigation was conducted by the Federal Bureau of Investigation and the York Police Department.
Greenville Woman Pleads Guilty to a Mail Theft ConspiracyRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Julie A. Nelson, age 42, of Greenville, pled guilty in federal court in Greenville, to a conspiracy to defraud, a violation of Title 18, United States Code, Section 371. United States District Judge Bruce Howe Hendricks, of Charleston, accepted the plea and will impose sentence after she has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that Nelson and co-conspirator Julie K. McDowell, who has pled and is awaiting sentencing, stole mail throughout the upstate of South Carolina. Nelson and McDowell altered checks stolen from the mail and also created counterfeit checks from the information obtained. Nelson and McDowell then went to various business in the upstate to pass the checks and obtain goods or cash. Often they used the stolen identification documents to aid in the negotiation of the checks. Law enforcement was able to identify McDowell and Nelson after obtaining surveillance video from various merchants and banks where the two conspirators cashed checks. Upon making arrests, law enforcement recovered approximately $40,000 in stolen checks and $80,000 in counterfeit checks.
Ms. Lydon stated the maximum penalty Nelson can receive is a fine of $250,000 and/or imprisonment for 5 years, supervised release of three years, plus a special assessment of $100.
The case was investigated by agents with the United States Postal Inspection Service, the United States Secret Service, the Greenville County Sheriff’s Office, the Greenville City Police Department, the Anderson County Sheriff’s Office, and the Spartanburg County Sheriff’s Office. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
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Greece Man Sentenced on Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kevin DiMartino, 38, of Greece, NY, who was convicted of possession of child pornography, including prepubescent images, was sentenced to 125 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that on December 6, 2016, an undercover law enforcement officer discovered a video file containing child pornography on the internet. Further investigation determined that the video came from an email address belonging to the defendant. The officer also discovered that DiMartino made files available for download that contained the rape of children as young as five years of age and a ten-year-old child engaged in sex acts with other children.
In January 2017, a search warrant was executed at DiMartino’s residence. Among the items seized were a desktop computer, an external hard drive and a thumb drive. An analysis of the electronic items determined that they contained both child pornography and child erotica. The electronics contained approximately 24,000 images of child pornography.
Prior to his arrest, the defendant owned and operated a bounce house company that serviced parties for children. While the charges were pending, DiMartino was released from custody under the supervision of the U.S. Probation Department. However, in October 2017, the defendant’s bail was revoked after a minor alleged that the defendant sexually abused him at his residence in Greece.
Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert and the Greece Police Department, under the direction of Chief Patrick D. Phelan.
Fugitive from Federal Court in Nebraska Sentenced to Federal Prison for Document FraudRead the Press Release
A Mexican man who was on the run from federal court in Nebraska to avoid being sentenced for committing aggravated identity theft there was sentenced June 18, 2018, in Iowa to one year in federal prison for fraudulent using the name and Social Security number of another person.
Fernando Nevarez-Carreon, age 61, a citizen of Mexico and lawful permanent resident of the United States residing in Dyersville, Iowa, received the prison term after a November 20, 2017, guilty plea to one count of unlawful use of identification documents while on pretrial release.
At the guilty plea, Nevarez-Carreon admitted that he used a Social Security card knowing that the card was forged or unlawfully obtained. In April 2015, Nevarez-Carreon pled guilty in the United States District Court for the District of Nebraska to conspiracy to distribute counterfeit documents and aggravated identity theft. In July 2015, Nevarez-Carreon failed to appear for sentencing in Nebraska and a warrant was issued for his arrest. In July 2016, Nevarez-Carreon and his wife Rosa Nevarez-Fallad both completed employment paperwork under false names to obtain jobs in Farley, Iowa, and used identification cards bearing the names and Social Security Numbers of United States citizens. Nevarez-Carreon avoided apprehension by law enforcement until March 2017, when he was arrested at his place of employment in Farley.
In June 2017, Nevarez-Carreon was sentenced in the United States District Court for the District of Nebraska to more than six years in prison. Nevarez-Carreon also has a 1999 conviction for domestic battery in Cook County, Illinois, and convictions in 2004 and 2005 for driving under the influence in Dodge County, Nebraska. On February 14, 2018, Rosa Nevarez-Fallad was sentenced in the United States District Court for the Northern District of Iowa to three months’ imprisonment following a guilty plea to one count of unlawful use of an identification document.
Nevarez-Carreon was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Nevarez-Carreon was sentenced to twelve months’ imprisonment to be served consecutively to the Nebraska sentence. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Nevarez-Carreon is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Social Security Administration, Office of Inspector General, and the Department of Homeland Security, Immigration and Customs Enforcement, Homeland Security Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-1025-LRR.
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Former Waterbury Resident Pleads Guilty to Violating Federal Sex Offender Registration LawRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that BYRON ELLIOTT VAUGHN, 32, of Waterbury, pleaded guilty yesterday before U.S. District Judge Stefan R. Underhill in Bridgeport to violating the Sex Offender Registration and Notification Act (SORNA).
According to court documents and statements made in court, in July 2009, VAUGHN was convicted in the Commonwealth of Virginia of rape. He was sentenced to 10 years of incarceration, suspended after serving two years, and 15 years of probation. VAUGHN also was ordered to comply with lifetime sex offender registration requirements.
VAUGHN was released from prison in November 2009, registered as a sex offender in Virginia and verified his registration as required through 2012.
In 2015, VAUGHN failed to update his sexual offender registration in Virginia, failed to advise Virginia of his change of residence to Connecticut, and failed to register in Connecticut as a sex offender when he moved to Connecticut and applied for employment in Waterbury in November 2016. VAUGHN worked a hospital in Waterbury until he was arrested by the U.S. Marshals Service on August 9, 2017, on a violation of probation warrant that was issued in Virginia in December 2015.
VAUGHN has been detained since his arrest. Judge Underhill scheduled sentencing for September 12, 2018, at which time he faces a maximum term of imprisonment of 10 years.
VAUGHN was convicted in Virginia of the probation violation and was sentenced to 77 months of imprisonment suspended after 60 months.
This matter is being investigated by the U.S. Marshals Service and prosecuted by Assistant U.S. Attorney Deborah R. Slater.
Former Union Treasurer Sentenced to Prison for EmbezzlementRead the Press Release
United States Attorney Matthew D. Krueger announced that Cheryl A. Angell (age: 59) of Kaukauna, Wisconsin, was sentenced today in federal court in Green Bay for embezzlement of union funds. Chief United States District Judge William C. Griesbach sentenced Lewis to a thirteen month term of imprisonment and ordered her to pay $98,711 in restitution to United Steelworkers Local 2. Judge Griesbach also placed Angell on supervised release for three years.
Angell, the former Treasurer for United Steelworkers Local 2, was sentenced following her earlier guilty plea to the charge of embezzling $98,711 in union funds over the course of approximately 4 years. Angell admitted to doing so by writing in excess of 100 checks to herself, using a union credit card for personal expenses, and depositing the proceeds of union checks into her personal account, all without union authorization. Angell spent a considerable portion of the funds obtained at local casinos. In imposing sentence, Chief Judge Griesbach stressed the length of the fraud and Angell’s abuse of trust placed in her by union members. Chief Judge Griesbach also stated Angell’s sentence should deter others from committing similar thefts and serve as a significant punishment for her actions.
In announcing this sentence: United States Attorney Krueger stated: “Anyone who, like Ms. Angell, steals from fellow union members after being entrusted to act in their best interest must know that significant consequences will follow.”
This case was investigated by the U.S. Department of Labor, Office of Labor-Management Standards. The case was prosecuted by Assistant United States Attorney William Roach.
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For additional information contact:
Public Information Officer Dean Puschnig, 414-297-1700
Former Postal Employee Indicted for Theft from U.S. MailRead the Press Release
ROCKFORD — A McHenry woman was indicted Tuesday by a federal grand jury for theft from the U.S. mail.
JENNIFER L. DUNCAN, 51, a former U.S. Postal worker, was charged in a one-count indictment. As alleged in the indictment, on Feb. 20, 2018, Duncan removed approximately $3,500 from mail addressed to an individual in Tennessee.
Mail theft carries a maximum potential penalty of up to five years in prison, a period of supervised release of up to three years following imprisonment, a fine of up to $250,000, and full restitution. If convicted, the court must impose a reasonable sentence under federal sentencing statutes and the advisory United States Sentencing Guidelines. Duncan will be arraigned on a date yet to be determined in U.S. District Court in Rockford.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Scott Caspall, Special Agent-In-Charge of the Chicago Great Lakes Area Field Office of the U.S. Postal Service Office of Inspector General.
The public is reminded that an indictment is only a charge and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The government is represented by Assistant U.S. Attorney Michael D. Love.
Former Mason County Deputy Pleads Guilty to Federal Gun ChargeRead the Press Release
HUNTINGTON, W.Va. – A former Mason County Deputy Sheriff pled guilty today to a federal gun charge, announced United States Attorney Mike Stuart. Terry Lee Powell, 42, of Point Pleasant entered his guilty plea to possession of a stolen firearm before United States District Judge Robert C. Chambers. Stuart commended the investigative efforts of the West Virginia State Police and the Mason County Sheriff’s Department.
“I often tell folks that one of my greatest honors as United States Attorney is being able to work every day with West Virginia law enforcement officers who are the best of the best,” said United States Attorney Mike Stuart. “The overwhelming majority of our law enforcement officers conduct themselves with honor and integrity, and this United States Attorney will have their backs every single day. However, when a law enforcement official breaks the law, my office will prosecute them to the fullest extent of the law. For a law enforcement officer such as Powell to steal a gun and sell it to a drug dealer is unconscionable, a violation of public trust, a rebuke of the very law he swore to uphold, and a disgrace to his fellow officers.”
Powell admitted that on July 4, 2015 he seized a World War II era Luger 9mm pistol during an investigation he was conducting at a residence on Ultra Lane in Ashton, West Virginia. Instead of logging the weapon into evidence, Powell sold it for $2,500 to Eugene Asbury of Gallipolis Ferry. Mason County Sheriff Gregory Powers had been conducting an internal investigation of Powell when he learned that West Virginia State Troopers found evidence of Powell’s theft and sale of the pistol while executing a federal search warrant at Asbury’s residence in April 2016. Sheriff Powers referred the matter to the State Police for criminal investigation. Asbury later pled guilty to federal drug trafficking and money laundering charges as a result of that investigation and will be sentenced on July 30, 2018. Powell faces up to ten years in federal prison when he is sentenced on September 18, 2018.
Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution.
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.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Former Grand Juror Pleads Guilty to Obstruction of JusticeRead the Press Release
A former federal grand juror pled guilty today to obstruction of justice.
Benjamin G. Greenberg, U.S. Attorney for the Southern District of Florida and Robert F. Lasky, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
Leslie Lynn Heburn, 37, Miami, pleaded guilty before United States District Judge Marcia G. Cooke to obstruction of justice, in violation of Title 18, United States Code, Section 1503. The defendant is scheduled to be sentenced by Judge Cooke on August 22, 2018 at 1:00 p.m. The defendant is facing a maximum statutory penalty of ten years in prison, three years of supervised release, and a $250,000 fine.
On January 19, 2017, Heburn was sworn in as a federal grand juror and advised of the rules concerning grand jury secrecy, including that a grand juror is not to disclose matters occurring before the grand jury. Heburn was also advised of the possible criminal consequences of making any unauthorized disclosure of grand jury information.
On May 4, 2017, Heburn was present during the United States Attorney’s Office presentation to the federal grand jury of a proposed indictment for Rocky Dejesus Molina. Copies of the proposed indictment for Molina were distributed to the members of the grand jury, but they were not supposed to leave the grand jury chamber. Later that day, the grand jury returned an indictment against Molina (Case Number 17-20304-CR-ALTONAGA).
On May 10, 2017, prior to Molina’s arrest, Heburn used an alias Facebook account to contact Molina’s girlfriend via Facebook Messenger. During the course of their communication, Heburn advised Molina’s girlfriend that she was serving as a grand juror and had seen Molina’s name on an indictment. Heburn then warned Molina’s girlfriend that Molina had been set up by a “snitch” since March 2016.
After Molina’s arrest on May 24, 2017, Molina’s girlfriend contacted Heburn at the alias Facebook account to ask more questions. Heburn sent the girlfriend photos of the proposed indictment for Molina that was part of the secret grand jury proceedings. Heburn continued to tell Molina’s girlfriend that Molina had been set up on a number of occasions by a confidential informant. Heburn acknowledged during their communications that she knew she could get into trouble for disclosing information regarding the grand jury proceedings.
On October 20, 2017, Molina pleaded guilty to dealing in firearms without a license and being a felon in possession of a firearm. He was sentenced to 180 months in prison on January 3, 2018.
Mr. Greenberg commends the investigative efforts of the FBI in this matter. He also thanks the FBI Miami Area Corruption Task Force, Miami-Dade Police Department, and Bureau of Alcohol, Tobacco, Firearms and Explosives for their assistance. This case is being prosecuted by Assistant U.S. Attorney Brian Dobbins.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former Director of Information Systems for BSI Indicted on Wire Fraud ChargesRead the Press Release
St. Louis, MO – Leaman George Crews, III, 44, of St. James, Missouri, surrendered this morning in federal court to an Indictment charging him with five counts of wire fraud in connection with his scheme to defraud the company he worked for – Brewer Science Incorporated (BSI), Rolla, Missouri.
The indictment alleges that between May 2, 2008 and August 11, 2017, Crews was employed as the Director of Information Systems for BSI. He was given a BSI credit card to order software equipment on behalf of the company. Instead of purchasing software and computer equipment for the company, Crews used the credit card to fund over one thousand wire transfers to various PayPal and bank accounts. Crews ultimately used the BSI funds for personal expenditures unrelated to the legitimate BSI business, including cash withdrawals and personal credit card purchases. The total amount of loss is approximately $1,851,520.
If convicted, Crews faces up to 20 years’ imprisonment, a fine of not more than $250,000 or both on each count. Restitution to the victim is also mandatory. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges. To help vindicate the interests of the victim, the government has also sought forfeiture of real estate Crews purchased with the proceeds of his crime and a money judgment for all of money stolen in favor of the United States.
This case was investigated by the Rolla division of the FBI. Lindsay McClure-Hartman is handling the case for the U.S. Attorney’s office. The U.S. Attorney’s Office recognizes the assistance of BSI in preparing the case.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Former Cabinet Secretary Pleads Guilty to Embezzling Fire Department FundsRead the Press Release
He stole over $178,790 between 2013 and 2016 from Teays Valley Fire Department
In Separate Embezzlement Scheme Wife Embezzles over $75,000 from the Same Fire Department
HUNTINGTON, W.Va. – A Hurricane man and former West Virginia Cabinet Secretary pled guilty today to embezzling $178,790 from the Teays Valley Volunteer Fire Department, as well as to a related tax crime, announced United States Attorney Mike Stuart. Clifford Keith Gwinn, 64, formerly the Cabinet Secretary of the West Virginia Department of Veterans Assistance, faces up to 15 years in prison, a $500,000 fine, 3 years of supervised release and a $200 special assessment when he is sentenced on September 17, 2018. He has agreed to pay restitution to the Fire Department in the amount of $178,790 and to the Internal Revenue Service in the amount of $68,281. U.S. Attorney Stuart commended the investigative efforts of the Federal Bureau of Investigation, the Internal Revenue Service Criminal Investigation Division, the Office of Inspector General for the U.S. Department of Homeland Security, and the West Virginia Commission on Special Investigations.
“Egregious criminal conduct,” said United States Attorney Mike Stuart. “To steal from our first responders, those that save our lives and protect our homes, for personal greed is beyond comprehension. It’s disappointing to say the least that a former public official serving at the highest levels of West Virginia state government would steal from first responders, the very folks who would run into danger to save him. It’s tragic. My team stands ready to aggressively prosecute elected officials who violate the basic public trust of honest service.”
Gwinn admitted that as Vice President and fiscal officer of the Fire Department, he was in charge of the financial affairs of the Fire Department and exercised significant control over the Fire Department’s finances. He admitted that his duties included reporting income and expenditures to the Fire Department, preparing and submitting taxes for the Fire Department, and assisting with applications and reimbursements for federal grants, among other duties. He further admitted that he, without authorization from the Fire Department, opened a Fire Department bank account where only he had signature authority, transferred funds into that account without the knowledge or authorization from the Fire Department, ensured certain health care insurance company reimbursements were deposited into that account, and wrote himself checks and checks to cash out of that account, which he then typically cashed. He admitted that he further instructed the Fire Department’s Treasurer to write him checks from other Fire Department bank accounts and further misrepresented the amount of bank account balances to the Fire Department officers and board members. He also admitted that he structured withdrawals out of the Fire Department’s accounts in series of transactions below $10,000, to prevent the banks from filing Currency Transaction Reports. While he admitted that he systematically deposited cash into Fire Department bank accounts, his overall withdrawals and payments received significantly overwhelmed the amount of any deposits. He also admitted that he had no authorization to write himself checks or receive and cash checks from the Fire Department, and was not entitled to any compensation.
During the period from 2013 through 2016 that Gwinn embezzled $178,790 in Fire Department funds, the Teays Valley Volunteer Fire Department received grants from the Federal Emergency Management Agency (FEMA), an agency of the United States Department of Homeland Security. These grants allowed the Fire Department to pay firefighters and to purchase and maintain equipment.
Furthermore, Gwinn admitted that that while he was Vice President and fiscal officer for the Fire Department, the Fire Department withheld taxes from its employee’s paychecks, including federal income taxes, Medicare, and social security taxes, together known as payroll taxes. He admitted that he knew that he had the corporate responsibility to collect, truthfully account for, and pay over the Fire Department’s payroll taxes. Gwinn admitted that from October 31, 2015 through April 30, 2017, while Gwinn was a responsible person for payroll taxes, Fire Department failed to account for and pay over approximately $61,421.31 in payroll taxes.
Gwinn further admitted that when he filed his personal income tax returns with the IRS, those returns were false because they failed to account for the funds he had embezzled from the Fire Department.
In a related prosecution, but separate embezzlement scheme, Gwinn’s wife, Kathy Sue Gwinn, 52, was sentenced yesterday for embezzling over $75,000 from the Teays Valley Volunteer Fire Department. Kathy Gwinn was ordered to jail for a weekend a month for five months, ten months home confinement, and 3 years supervised release, plus probation.
Gwinn formerly served as the Treasurer of the Teays Valley Volunteer Fire Department. As Treasurer, she generated payroll checks for firefighters and signed the payroll checks on a Fire Department bank account. Gwinn volunteered for the Fire Department, and had no authority to write herself checks, nor was she entitled to wages, salary, or compensation for her role as Treasurer. Beginning in October 2014, and continuing through March 2017, she printed and wrote herself unauthorized checks from the Fire Department’s payroll account, noting on the memo line of the checks that the checks were for payroll, overtime, or tax preparation. Gwinn moved money from one fire department bank account into the bank account primarily used for payroll, and when she transferred those funds, she inflated the amount of the transfer to include enough to cover the unauthorized checks she planned to write to herself. Over the course of her scheme, she embezzled $75,356.70. Gwinn was ordered to pay this amount in restitution.
During the period Gwinn embezzled funds, the Teays Valley Volunteer Fire Department received grants from FEMA, an agency of the United States Department of Homeland Security. These grants allowed the fire department to pay firefighters and to purchase and maintain equipment.
Assistant United States Attorney Meredith George Thomas was in charge of the prosecutions. United States District Judge Robert C. Chambers presided over the hearings.
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Florence Man Sentenced for Wire FraudRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri Lydon stated today that Edward Lawrence Johnson, II, age 42, of Florence, South Carolina, was sentenced in federal court in Florence by United States District Judge Bruce Howe Hendricks to 51 months imprisonment and ordered to pay $1,246,122 in restitution, for violations of wire fraud, a violation of Title 18, United States Code, Section 1343.
Evidence presented at the change of plea and sentencing hearings established that Johnson defrauded at least 41 victims from 2007 to 2016 primarily on the internet by selling goods, such as cell phones, or services, such as promoting musicians, which he never provided. Johnson used at least 11 aliases and 14 business names while defrauding individuals and businesses causing losses of $1,246,122.00.
The case was investigated by the agents of the Federal Bureau of Investigation. Assistant United States Attorney William E. Day, II, of the Columbia office handled the case.
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Federal Criminal Complaint Filed Against Driver and Four Others Involved in Dimmit County Crash that Resulted in Deaths of Five Illegal AliensRead the Press Release
In Del Rio today, federal authorities charged five (5) individuals, including 20–year-old Jorge Luis Monsivais, Jr., of Eagle Pass, TX, for their roles in a smuggling scheme that resulted in the deaths of five (5) illegal aliens, announced United States Attorney John F. Bash, U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, U.S. Border Patrol Del Rio Sector Chief Patrol Agent Felix Chavez and Dimmit County Sheriff Marion Boyd.
A federal complaint charges the defendants with transporting illegal aliens and conspiracy to transport and harbor illegal aliens resulting in serious bodily injury and death. Upon conviction, the offense is punishable by life imprisonment or death, a $250,000 fine, and five years of supervised release.
On June 17, 2018, U.S. Border Patrol agents initiated immigration inspections on three vehicles—a 2013 Tahoe, a 2007 Suburban, and a 2008 Tahoe—traveling in a convoy on FM 2644 between El Indio, TX and Carrizo Springs, TX.
According to the criminal complaint, the 2013 Tahoe yielded while the other two led Border Patrol agents and Dimmit County Sheriff’s deputies on high speed chases. While traveling east bound on Highway 85, Monsivais, the driver of the 2007 Suburban, crashed as he entered the town of Big Wells, TX. According to the complaint, Monsivais was traveling with 13 suspected illegal aliens—including one juvenile—at the time of the crash. Four of them died at the scene. Nine were transported to a hospital for medical care. One died on the way to the hospital. One was released to the custody of the U.S. Border Patrol after receiving medical attention. Seven remain hospitalized, including the juvenile.
The criminal complaint alleges that the driver of the 2008 Tahoe evaded law enforcement before purposefully coming to a stop. Several people absconded from the vehicle. U.S. Border Patrol agents detained the driver, a 17-year-old juvenile, and captured ten (10) suspected illegal aliens in the area.
In addition to Monsivais, the criminal complaint charges the driver of the 2013 Tahoe, 55-year-old Mexican citizen Marcial Gomez Santana; and occupants, 45-year-old Mexican citizen Mariela Reyna; Marcial’s son, 21-year-old Rudy Gomez of Hockley, TX; and, Marcial’s daughter, 19-year-old Johana Gomez of Houston, TX, as conspirators in the smuggling venture. All five charged in the federal criminal complaint remain in custody.
Of the 23 illegal aliens involved in this scheme, 21 are Mexican nationals and two (2) are Honduran nationals. At this time, six (6) of the 23 illegal aliens are being held on federal complaints as material witnesses. This investigation continues. No other federal charges have been filed. The juvenile driver is in the custody of Dimmit County authorities.
The U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) is leading this investigation together with the U.S. Customs and Border Protection’s Border Patrol—Del Rio Sector and the Dimmit County Sheriff’s Office. Assistant United States Attorney Paul Harle is prosecuting this case on behalf of the Government.
A criminal complaint is merely a charge and should not be considered as evidence of guilt. The defendants are considered innocent until proven guilty in a court of law.
Federal Court Bars Arkansas Tax Return Preparer from Preparing Tax ReturnsRead the Press Release
Yesterday, a federal court in Jonesboro, Arkansas permanently barred Rachelle Eldridge-Bray from preparing federal income tax returns for others. The civil injunction order, to which Eldridge-Bray agreed, was signed by Judge D.P. Marshall Jr. of the U.S. District Court for the Eastern District of Arkansas.
The complaint alleges that Eldridge-Bray prepares tax returns that understate her customers’ income tax liabilities and overstate her customers’ refunds. Eldridge-Bray unlawfully prepares federal tax returns with fabricated business income and expenses and bogus itemized deductions, according to the allegations in the complaint.
Return preparer fraud was one of the IRS’s Dirty Dozen Tax Scams for 2018 and taxpayers seeking a return preparer should remain vigilant. The IRS has some tips on its website for choosing a return preparer and has launched a free directory of federal tax preparers.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Federal Charges Filed in Two Unrelated Bank Robbery CasesRead the Press Release
United States Attorney Erica H. MacDonald today announced federal charges in two separate bank robbery cases. JAYVON DOMINIQUE GANT, 27, was charged by complaint with one count of bank robbery and DAMIEN JAMES MCDONALD, 40, was charged by complaint with one count of bank robbery. MCDONALD made his initial appearance before Magistrate Judge Jon T. Huseby, in U.S. District Court in St. Paul, MN on June 18, 2018. GANT made his initial appearance before Magistrate Judge Becky R. Thorson in U.S. District Court in St. Paul, MN on June 8, 2018.
According to the complaint and a law enforcement affidavit filed with the Court, GANT is suspected of robbing five banks throughout the Twin Cities during May 2018. He is charged with robbing a sixth bank on June 7, 2018, in Bloomington, MN. Similar to the previous robberies, on June 7, 2018, GANT entered the Bloomington bank and handed the teller a note demanding money. After the teller handed GANT the money, GANT fled the bank on foot. This case is the result of an investigation conducted by the FBI Safe Streets Task Force, the Bloomington, Blaine, Fridley, Edina, Cottage Grove and Oakdale Police Departments.
According to a complaint and a law enforcement affidavit filed with the Court, on June 6, 2018, an Eagan branch of a credit union was robbed by an individual carrying a handgun. Surveillance videos capture the alleged bank robber stopping in front of the credit union in a Mazda CX-7 SUV then leaving in the same Mazda at the conclusion of the robbery. Upon execution of a search warrant at MCDONALD’s residence later that day, law enforcement recovered clothing that matched the clothing worn by the robber and thousands of dollars in cash hidden in the residence. Additionally, cash that matched marked bills from the credit union were found on MCDONALD. This case is the result of an investigation conducted by the FBI and Eagan Police Department.
These cases are being prosecuted by Assistant U.S. Attorney Charles J. Kovats.
Defendant Information:
JAYVON DOMINIQUE GANT, 27
Bloomington, Minn.
Charges:
- Bank robbery, 1 count
DAMIEN JAMES MCDONALD, 40
St. Paul, Minn.
Charges:
- Bank robbery (armed), 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
FBI and Local Law Enforcement Seek Information on D.C.-Area Serial Hotel RapistRead the Press Release
WASHINGTON – The FBI Washington Field Office along with the Metropolitan Police Department (MPD), Montgomery County Police Department, Prince George’s County Police Department, Arlington County Police Department, and Greenbelt Police Department seek information from the public to identify an unknown male named the “D.C.-Area Hotel Rapist.”
Between August 22, 1998 and February 6, 2006, a serial rapist violently assaulted six to nine women in the D.C. area. Six of these attacks have been definitively linked by DNA to a single assailant, and suspicious activity that may be related was reported in five additional area hotels.
In the vast majority of these cases, hotel housekeepers were victimized. The assailant would enter hotel rooms by stealth and rape housekeepers as they cleaned rooms. In several of the incidents, the suspect used a box cutter, a necktie, or a cord to threaten and harm his victims. These assaults took place at hotels in Maryland, Virginia, and Washington, D.C.
The D.C.-Area Hotel Rapist is described as an African-American male, between 5’7”-5’10” tall, with a medium to stocky build, brown eyes, black hair, and a medium to dark complexion. At the time of the assaults, he was believed to be in his 20s to 30s. Since time has progressed, he is believed to be in his late 30s to late 40s.
On May 1, 2018, the U.S. Attorney’s Office for the District of Columbia secured an indictment of the DNA profile of the unknown suspect on charges stemming from the two attacks that took place in Washington, D.C. This is the first time that the U.S. Attorney’s Office for the District of Columbia has ever indicted a John Doe DNA profile.
“Working with the public and our law enforcement partners, we are hopeful that we finally will be able to hold this serial rapist accountable for his brazen crimes,” said Jessie K. Liu, U.S. Attorney for the District of Columbia. “DNA evidence has enabled us to push this case forward and we are hopeful that this DNA profile, and the community, can help us finally achieve justice. Despite the passage of time, we have never forgotten these victims.”
“This individual preyed on members of the D.C. region for nearly a decade,” says Metropolitan Police Department Chief of Police Peter Newsham. “We have not deviated from our goal of holding this person accountable for his heinous actions and feel confident that our recent progress will lead to his identification.”
“With the turn of the century, we can now reach back in time, up to two decades ago, and hold criminals accountable, and thus is the case going forward,” said Chief Henry P. Stawinski III of the Prince George’s County Police Department.
“Today law enforcement in the Metropolitan Washington area sent a clear message that we will not waiver in our commitment to investigate and identify the individual responsible for these horrible attacks on our community. No matter how much time passes, we will relentlessly pursue these investigations and use all available resources to identify this sexual predator and seek justice for the victims,” said Daniel Murray, Arlington County Police Department Deputy Chief of Criminal Investigations.
The first of these DNA-linked cases occurred in May 2002 on the street in the offender’s vehicle in Prince George’s County, Maryland.
The age-progressed composite sketch, which was created by Parabon NanoLabs, was not created by eyewitness accounts but from DNA that was left behind by the offender. This type of DNA testing uses DNA to produce a detailed report and composite sketch of the potential suspect that includes eye color, skin color, hair color, face morphology, and detailed biogeographic ancestry with age progression.
“The Montgomery County Police Department has used Parabon NanoLabs as an investigative tool in several cases. When our Cold Case Unit begin working on this serial rapist case with the other neighboring agencies we felt strongly that this could be a great tool to generate new investigative leads and help solve these horrific crimes,” said Thomas Manger, Chief of the Montgomery County Police Department.
The FBI and local law enforcement are asking for the public’s help to solve this cold case.
“Our combined law enforcement efforts include the work that was done at each scene, the work of the prosecutors to bring forth this indictment and now a public outreach effort seeking information on this violent assailant,” said Special Agent in Charge Matthew J. DeSarno of the FBI Washington Field Office's Criminal Division. “If you recognize this person, if this box cutter or ring are familiar, if you have seen these items before, we need you to call law enforcement and provide the information. The public's assistance is vital in solving this case.”
The DNA evidence from the linked assaults can either positively identify or exclude a suspect. This allows investigators to quickly exclude innocent parties, and the public should not hesitate to come forward with information—even if it is the name or address of an individual who resided in the areas of the crimes. Many parties will be quickly excluded by a simple, non-invasive test.
A combined reward of up to $45,000 is being offered by the FBI, Metropolitan Police Department, Montgomery County Police Department, Prince George’s Police Department, Greenbelt Police Department, and Arlington County Police Department for information leading to the arrest and indictment of the unknown suspect.
A detailed map and related story that includes addresses of the incidents, an original 2003 composite sketch of the assailant, an age-progressed DNA composite of the assailant, and images of the box cutter and ring that were recovered from the crime scenes are available on the FBI’s website.
Law enforcement agencies are asking anyone with information to contact the Metropolitan Police Department at (202) 727-9099, text the MPD Text Tip Line at 50411, or submit a tip with the FBI at tips.fbi.gov. All tips can remain anonymous.
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The dates and locations of these assaults are:
LINKED BY DNA
- Sunday, May 26, 2002, at approximately 6:50 a.m. An 18-year-old woman was sexually assaulted in the offender’s vehicle on the 4000 block of Penwood Street in Hyattsville, Maryland, after having been picked up from the 3400 block of Rhode Island Avenue in Northeast Washington, D.C. The vehicle was described as a small black four-door car, unknown make and model.
- Sunday, December 1, 2002, at approximately 2:30 p.m. A 31-year-old female housekeeper was sexually assaulted in a hotel room at the Hilton Hotel on Colesville Road in Silver Spring, Maryland. During the assault, the offender brandished a red-handled box cutter, which was recovered on the scene. The box cutter had the name Debbie handwritten on it.
- Sunday, May 11, 2003, at approximately 3:15 p.m. A 27-year-old female housekeeper was sexually assaulted in a hotel room at the Renaissance Hotel on 9th Street in Northwest Washington, D.C. The offender’s ring came off during the assault and was recovered on the scene.
- Friday, May 23, 2003, at approximately 10:30 a.m. A 68-year-old female housekeeper was sexually assaulted in a hotel room at the Jefferson Hotel on 16th Street in Northwest Washington, D.C. The offender bound the victim’s hands with a necktie during the assault.
- Friday, June 6, 2003, at approximately 10:00 a.m. A 29-year-old female housekeeper was sexually assaulted in a hotel room at the Holiday Inn Hotel on Jefferson Davis Highway in Arlington, Virginia. The offender brandished a cord during the assault.
- Monday, June 9, 2003, at approximately 12:28 p.m. A 22-year-old female housekeeper was sexually assaulted in a hotel room at the Marriott Courtyard Hotel on Golden Triangle Drive in Greenbelt, Maryland.
OTHER SEXUAL ASSAULTS AND INCIDENTS THAT MAY BE RELATED
- Saturday, August 22, 1998, at approximately 12:05 p.m. A 30-year-old female housekeeper was sexually assaulted in a hotel room at the Quality Hotel in Arlington, Virginia.
- Wednesday, May 28, 2003, at approximately 10:30 a.m. A suspicious person was observed at a Hyatt Hotel on Wilson Boulevard in Arlington, Virginia.
- Wednesday, May 28, 2003, at approximately 10:45 a.m. A suspicious person was observed in the Marriott Courtyard Hotel on Clarendon Boulevard in Arlington, Virginia approximately 15 minutes after the Hyatt Hotel incident (0.2 miles away).
- Monday, June 9, 2003, at approximately 12:13 p.m. A suspicious person was observed at a Residence Inn Hotel in Greenbelt, Maryland. The suspect was questioned by an employee and exited the hotel 10 minutes later. This activity occurred 15 minutes prior to the DNA-linked attack at the Marriott Courtyard (0.1 mile away).
- Friday, June 13, 2003, at approximately 11:00 a.m. A suspicious person was observed trying to open doors on various floors at the Marriott Hotel on Russell Avenue in Gaithersburg, Maryland, then hastily fleeing The individual was observed leaving the scene in a black Nissan Sentra.
- Friday, June 13, 2003, at approximately 12:10 p.m. Two housekeepers reported that they observed a suspicious person at the Sheraton Baltimore Washington Airport Hotel in Linthicum Heights, Maryland. The housekeepers stated that the individual resembled the suspect who was portrayed in a flyer circulated by the Hotel Association of Washington, D.C.
- Sunday, February 13, 2005, at approximately 11:27 a.m. A 34-year-old woman was sexually assaulted at knifepoint in a hotel room at the Quality Inn Hotel on New Hampshire Avenue in Takoma Park, Maryland.
- Monday, February 6, 2006, at approximately 3:40 p.m. A 28-year-old female housekeeper was sexually assaulted at knifepoint in a hotel room at the Red Roof Inn on Richmond Highway in Alexandria, Virginia.
- Sunday, May 26, 2002, at approximately 6:50 a.m. An 18-year-old woman was sexually assaulted in the offender’s vehicle on the 4000 block of Penwood Street in Hyattsville, Maryland, after having been picked up from the 3400 block of Rhode Island Avenue in Northeast Washington, D.C. The vehicle was described as a small black four-door car, unknown make and model.
Elkhart Woman Sentenced to 84 Months in Prison for Wire Fraud and Aggravated ID TheftRead the Press Release
SOUTH BEND – Kimberly McGuire, age 49, of Elkhart, Indiana, was sentenced by the Honorable Robert L. Miller, Jr., Judge, United States District Court for the Northern District of Indiana, South Bend Division, for wire fraud and aggravated identity theft, announced U.S. Attorney Kirsch.
McGuire was sentenced to 84 months in prison followed by 1 year of supervised release and ordered to pay $584,506.22 in restitution.
According to documents filed in this case, starting in November of 2012 and continuing through April 2017, McGuire accessed the payroll system of her former employer and logged in unworked work hours under the names of more than 140 former employees. McGuire admitted to causing the wages for these unworked hours of former employees to be direct deposited into bank accounts controlled by her or her associates. She also admitted to obtaining payroll checks for the unworked hours, forging the signatures of the former employees on these checks, and depositing the checks into bank accounts controlled by her or her associates.
This case was investigated by the FBI and was handled by Assistant U.S. Attorney Luke N. Reilander.
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Dominican National Sentenced for Fentanyl Trafficking ConspiracyRead the Press Release
BOSTON – A Dominican national was sentenced yesterday in federal court in Boston for his role in a widespread heroin and fentanyl trafficking conspiracy operating in Lawrence.
Josuel Moises Patrone-Gonzalez, 23, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to 54 months in prison and three years of supervised release. Patrone-Gonzalez will be subject to deportation proceedings upon completion of his sentence. In March 2018, Patrone-Gonzalez pleaded guilty to one count of conspiracy to possess with intent to distribute more than 400 grams of fentanyl.
On May 30, 2017, a large scale law enforcement operation dismantled two Lawrence-based drug trafficking organizations, one allegedly run by the defendant’s brother, Juan Anibal Patrone, and another led by Ramon Gonzalez Nival, who was a source of supply for Patrone. Patrone-Gonzalez was arrested and charged along with Patrone, Gonzalez Nival, and approximately 30 co-conspirators.
Patrone-Gonzalez played a significant role in his brother’s organization by operating stash houses. When law enforcement executed a search warrant at Patrone-Gonzalez’s apartment/stash house, they seized approximately 350 grams of fentanyl and 220 grams of cocaine.
Gonzalez Nival pleaded guilty and is scheduled to be sentenced on Sept. 5, 2018. Patrone pleaded not guilty and is awaiting trial.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Essex County District Attorney Jonathan W. Blodgett; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Lawrence Police Chief Roy P. Vasque made the announcement. Assistant U.S. Attorney Susan Winkler of Lelling’s Narcotics and Money Laundering Unit is prosecuting the cases.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.v
Document Fraud Leads to Federal Prison for Illegal AlienRead the Press Release
A Guatemalan man who unlawfully used fraudulent identification documents was sentenced June 18, 2018, to more than three months in federal prison.
Francisco Rivera-Cobo, age 20, a citizen of Guatemala illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after an April 25, 2018 guilty plea to one count of unlawful use of identification documents.
In a plea agreement, Rivera-Cobo, an illegal alien, admitted that on September 11, 2016, he used a fraudulent social security card and a fraudulent Green Card when completing employment forms to get a job. The social security account number and the Green Card number belonged to other people. Rivera-Cobo also used the same fraudulent Green Card when applying for work in Cedar Rapids in May 2016. Rivera-Cobo was arrested on February 27, 2018, by immigration agents after they learned he had registered a car using another person’s social security number.
Rivera-Cobo was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Rivera-Cobo was sentenced to 98 days’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Rivera-Cobo is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-12-LRR. Follow us on Twitter @USAO_NDIA.
Deputy Attorney General Rosenstein Recognizes Four Eastern District of Pennsylvania Employees at Awards CeremonyRead the Press Release
WASHINGTON, DC—United States Attorney William M. McSwain announced today that three Assistant United States Attorneys and a forensic analyst from the Eastern District of Pennsylvania were recognized for their distinguished public service at the 34th Annual Director’s Awards Ceremony. U.S. Attorney McSwain, along with honorees Assistant United States Attorneys David Ignall, Mary Beth Leahy, David Troyer, and forensic analyst Cyndi Fusco, were invited to Washington D.C. for the event held on June 15 in the Great Hall at the Robert F. Kennedy Department of Justice Building. Deputy Attorney General Rod Rosenstein and Director James Crowell, IV, of the Executive Office of the U.S. Attorneys (EOUSA), presented the awards.
“Every day, Dave, Mary Beth, Dave, and Cyndi serve the people of our District by bringing to bear their superior abilities and steadfast dedication in pursuing justice. I was gratified that EOUSA spotlighted my colleagues’ work in this meaningful way, and I know I speak for everyone when I say this office is very proud of their achievements.”
These AUSAs were recognized for their significant contributions on two specific cases, and Ms. Fusco was honored for her outstanding work as a forensic analyst in the Criminal Division, as follows:
United States v. Brian Hartline and Barry Bekkedam – AUSA David Ignall
AUSA Ignall successfully prosecuted this fraud conspiracy case culminating in a nationally significant four-week trial of Brian Hartline and Barry Bekkedam, co-founders of NOVA Bank. Hartline and Bekkedam were convicted for attempting to defraud the Troubled Asset Relief Program (TARP) established to bring the country out of the 2008-09 fiscal crisis.
During the relevant time period, Hartline served as the Chief Executive Officer and President of NOVA Bank, and Barry Bekkedam served as NOVA Bank Board Chairman. Bekkedam also owned and operated a financial advisory company, Ballamour Capital Management, and advised Ballamour clients to invest in NOVA Bank. This complex case involved an attempt to defraud the TARP out of more than $13 million through a scheme to make NOVA bank appear more financially sound than it was so that NOVA would be eligible to receive the TARP funds. Both defendants were convicted of conspiracy to defraud the United States, major fraud against the United States, and making false statements to government regulators and were sentenced to prison.
United States v. William O’Brien et al. – AUSA Mary Beth Leahy and AUSA David Troyer
AUSA Leahy and AUSA Troyer successfully prosecuted William O’Brien, III, a doctor of osteopathic medicine who operated a “pill mill” through multiple medical practices in the Philadelphia area. O’Brien used members of the Pagans Outlaw Motorcycle Gang to run his offices, recruit fake customers, enforce collections, and distribute large quantities of oxycodone, methadone, and other drugs to drug dealers and drug addicts. The scheme was one of the largest in the Philadelphia area, generating millions of dollars in illegal drug revenues laundered via various means and resulting in the death of at least one 30-year-old patient who overdosed from a lethal combination of oxycodone and methadone.
Financial Analyst – Cyndi Fusco
In her fourteen years with the office, Ms. Fusco has spearheaded financial investigations of our most complex cases. She has investigated fraud, public corruption, embezzlement, money laundering, extortion and tax evasion. Ms. Fusco has created detailed analyses of financial facts, prepared summary charts, prepared witnesses for testimony, testified as the financial investigator, and directed interviews involving financial accountants and experts. She also developed a protocol to monitor social media of targets to locate hidden assets. Her cases have resulted in lengthy sentences, large forfeitures, and restitution.
Deputy Attorney General Recognizes Western Pennsylvania U.S. Attorney’s Office Employee at the National Director’s Awards CeremonyRead the Press Release
WASHINGTON – Tamara L. Collier, Community Outreach Specialist and Reentry Coordinator for the U.S. Attorney’s Office in the Western District of Pennsylvania, was one of 162 members of the Department of Justice recognized by Deputy Attorney General Rod Rosenstein, and Executive Office for U.S. Attorneys (EOUSA) Director James Crowell, IV at the 34th Director’s Awards Ceremony Friday in Washington D.C.
The Western District of Pennsylvania was one of 35 districts represented at the ceremony, which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.
In addressing the award recipients and guests, Deputy Attorney General Rod Rosenstein said, "These honorees earned the esteem of their colleagues. But most importantly, they earned the gratitude of our fellow citizens — the people whose communities you made safer, whose lives you improved, and whose trust you rewarded. Today, we pause to honor and recognize a small portion of your work."
Tamara L. Collier, of Beaver Falls, Pennsylvania, was recognized for her superior performance in the area of prevention and reentry. Ms. Collier is the district’s reentry coordinator, and she has worked tirelessly to implement strategies to reintegrate former offenders successfully into our communities. She acts as a key participant in the district’s two reentry courts, in Pittsburgh and Johnstown, during which she consistently develops the trust and respect of the re-entrants. Ms. Collier also took the initiative to develop strong and positive relationships with staff at a federal prison located within the Western District of Pennsylvania, Federal Correctional Institute McKean, and she was instrumental in supporting a life-coaching program, under which inmates assist one another in developing strategies for success upon release. Ms. Collier’s unflagging efforts help to ensure that individuals who are reentering society have the best possible chance for success.
"I echo the sentiments of Attorney General Jeff Sessions who has said that while the job of a prosecutor is to enforce the law, we also recognize that prevention efforts and re-entry programs for offenders play a key part in an effective strategy to reduce violent crime," said U.S. Attorney Brady.
EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.
Consultant to Real Estate Developers Pleads Guilty in White Plains Federal Court to Conspiracy to Corrupt the Electoral Process in BloomingburgRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that VOLVY SMILOWITZ, a/k/a “Zev Smilowitz,” pled guilty yesterday to conspiracy to corrupt the electoral process, in connection with an election in Bloomingburg, New York. SMILOWITZ pled guilty before United States District Judge Vincent Briccetti in White Plains federal court.
U.S. Attorney Geoffrey S. Berman stated: “In the biggest federal voter fraud case in the modern era, Volvy Smilowitz admitted to taking part in a cynical scheme to rig an election in Bloomingburg. There is no place in our democracy for the criminal conduct admitted to by the defendant, which included falsely registering dozens of voters. Those who conspire to corrupt the electoral process must and will be held accountable.”
According to the allegations contained in the Indictment, as well as statements made in related court filings and proceedings:
Starting in 2006, VOLVY SMILOWITZ, a consultant, and Shalom Lamm and Kenneth Nakdimen, real estate developers, sought to build and sell real estate in Bloomingburg, New York. From these real estate development projects, SMILOWITZ, Lamm, Nakdimen, and others hoped for and anticipated making hundreds of millions of dollars. But by late 2013, the first of their real estate developments had met local opposition, and still remained under construction and uninhabitable. When met with resistance, rather than seek to advance their real estate development project through legitimate means, SMILOWITZ, Lamm, and Nakdimen instead decided to corrupt the democratic electoral process in Bloomingburg by falsely registering voters and paying bribes for voters who would help elect public officials favorable to their project.
Specifically, in advance of an election in March 2014 for Mayor of Bloomingburg and other local officials, SMILOWITZ, Lamm, Nakdimen, and others developed and worked on a plan to falsely register numerous people who were not entitled to register and vote in Bloomingburg because they actually lived elsewhere. Those people included some who never intended to live in Bloomingburg, some who had never kept a home in Bloomingburg, and indeed, some who had never set foot in Bloomingburg in their lives. SMILOWITZ, Lamm, and Nakdimen took steps to cover up their scheme to register voters who did not actually live in Bloomingburg by, among other things, creating and back-dating false leases and placing items like toothbrushes and toothpaste in unoccupied apartments to make it seem as if the falsely registered voters lived there.
SMILOWITZ and Lamm also bribed potential voters by offering payments, subsidies, and other items of value to get non-residents of Bloomingburg to register unlawfully and vote there.
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SMILOWITZ, 29, of Monroe, New York, pled guilty to one count of conspiracy to corrupt the electoral process, which carries a maximum sentence of five years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
SMILOWITZ’s sentencing is scheduled for October 24, 2018, at 11:30 a.m.
Mr. Berman praised the outstanding investigative work of the FBI-Hudson Valley White Collar Crime Task Force, the Sullivan County District Attorney’s Office, the Sullivan County Sherriff’s Office, the Orange County Sheriff’s Office, the Orange County District Attorney’s Office, the Internal Revenue Service, and the United States Postal Inspection Service. Mr. Berman also thanked the Department of Justice’s Public Integrity Section, Election Crimes Branch, for its assistance in the case.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorneys Kathryn Martin, Benjamin Allee, and Perry Carbone are in charge of the prosecution.
Colombian Drug Kingpin Sentenced to 31 Years in Prison for Drug TraffickingRead the Press Release
Colombian drug kingpin Henry de Jesus Lopez Londoño was sentenced yesterday to 31 years in prison for importing multi-ton quantities of cocaine into the United States.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, and Adolphus P. Wright, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Division, made the announcement.
A Miami jury had found Henry de Jesus Lopez Londoño, a/k/a “Mi Sangre,” 47, a citizen of Colombia, guilty of conspiring to distribute over five kilograms of cocaine with the knowledge that it would be unlawfully imported into the United States, in violation of Title 21, United States Code, Sections 959 and 963. United States Senior District Judge Donald L. Graham sentenced the defendant to 372 months in prison, to be followed by 5 years of supervised release.
The evidence presented at the six week trial, which included the testimony of special agents from DEA, Homeland Security Investigations, the Internal Revenue Service, Argentinean National Police, and multiple co-conspirators, showed that the defendant in Colombia was a leader of the Urabeños, one of the largest and most dangerous drug cartels in the world. As a leader, the defendant was part of a drug distribution chain spanning from Colombia to Central America, Mexico, and the United States. The evidence at trial showed that as part of this conspiracy, the defendant was responsible for trafficking over 60,000 kilograms of cocaine. The evidence at trial also revealed that at one point, Lopez Londoño attempted to cooperate with U.S. law enforcement. However, when it was discovered that the defendant was lying and committing acts of violence, he became a target of investigation. That trial evidence further showed that Lopez Londoño had engaged in unauthorized drug trafficking activities while attempting to cooperate.
The prosecution was part of Operation Golden Eagle, which is a result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (“OCDETF”), a partnership between federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate, and prosecute high-level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.
Mr. Greenberg commend the DEA Miami Field Division, DEA Bogota Country Office, DEA Buenos Aires Country Office, the Governments of Colombia and Argentina, the Criminal Division’s Office of International Affairs, the Office of the Judicial Attaché in Colombia, and the U.S. State Department for their assistance in this matter. This case was prosecuted by Assistant U.S. Attorneys Robert J. Emery and Michael B. Nadler.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Coeur d’Alene Man Sentenced for Lie and Buy Gun CrimeRead the Press Release
COEUR D'ALENE – Alex James Spooner, 23, of Coeur d’Alene, was sentenced to 15 months in prison for unlawfully acquiring a firearm, U.S. Attorney Bart M. Davis announced. Spooner was sentenced by United States District Court Judge David C. Nye. Spooner was indicted by a federal grand jury on January 17, 2018.
According to court records, Spooner committed what is commonly known as a “lie and buy” gun crime. A “lie and buy” gun crime occurs when someone buys a gun on behalf of another person while falsely claiming that it is for themselves. Spooner bought seven firearms for another person living in North Dakota. In doing so, Spooner lied to the gun seller by claiming the guns were for him. Four of the guns that Spooner bought ended up in Chicago. Within eight days of Spooner’s purchase of one of the firearms, it was used in a shooting in Chicago. Another gun bought by Spooner was found 13 days later during a search warrant execution in Chicago.
U.S. District Court Judge David C. Nye also sentenced Spooner to 3 years supervised release after he is finished with his prison term. While on supervised release, Spooner must follow certain terms and conditions set by Judge Nye, including searches of his person and property as well as drug testing and treatment requirements. Nye noted that while Spooner’s criminal conduct was serious, he also had a lack of any violent criminal history.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the North Idaho Violent Crime Task Force and the Chicago Police Department.
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.
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