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30 July 2018
New York Man Sentenced to 53 Months’ Imprisonment for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on July 27, 2018, United States District Court Judge Malachy E. Mannion sentenced John Maybank, age 25, of Bronx, New York, to 53 months’ imprisonment and three years of supervised release for conspiring to distribute heroin, crack cocaine, and fentanyl.
According to United States Attorney David J. Freed, Maybank pleaded guilty to conspiring to distribute controlled substances in Pennsylvania between approximately January 2016 through February 2017. Maybank admitted to working as a drug dealer in the conspiracy, and to transporting narcotics from New York to Pennsylvania. Maybank trafficked in excess of 280 grams of crack cocaine and 600 grams of heroin, the latter of which is the equivalent of approximately 24,000 potentially fatal doses of heroin.
Maybank was charged in June 2017 with 14 other individuals. All of his co-defendants have pleaded guilty, with five others having already been sentenced:
- Kassandra Martin of Wilkes-Barre, Pennsylvania, was sentenced to 60 months of imprisonment;
- Joshua Lenchick of Luzerne, Pennsylvania, was sentenced to 60 months of imprisonment;
- Kristyna Shotwell of Plymouth, Pennsylvania, was sentenced to 12 months and one day of imprisonment;
- Tanay Jones of Bronx, New York, was sentenced to a time served sentence of approximately one month of imprisonment; and
- William Waring of Bronx, New York, was sentenced to 60 months of imprisonment.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Kingston Police Department, and by the Luzerne County Drug Task Force. Assistant U.S. Attorney Phillip J. Caraballo 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 also 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.
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Monongalia County man sentenced for illegal possession of a firearmRead the Press Release
CLARKSBURG, WEST VIRGINIA – Wilbur Higginbotham, of Morgantown, West Virginia, was sentenced today to 57 months incarceration for illegally possessing a firearm, United States Attorney Bill Powell announced.
Higginbotham, age 51, pled guilty to one count of “Unlawful Possession of a Firearm” in March 2018. Higginbotham, having previously been convicted of heroin and illegal firearms charges in U.S. District Court and drug charges in Prince George’s County Maryland Circuit Court, admitted to having a .22 caliber firearm in Harrison County in December 2017.
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.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Monongalia County Sheriff’s Office investigated.
Senior U.S. District Judge Irene M. Keeley presided.Mingo County Felon Sentenced to Federal Prison for Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Mingo County felon was sentenced today to a year and a month in federal prison for a gun charge, announced United States Attorney Mike Stuart. Robert Lee Brewer, 58, of Kermit, previously pled guilty to being a felon in possession of a firearm. Stuart commended the investigative efforts of the Mingo County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“Just like the saying, ‘Nothing good happens after midnight,’” said United States Attorney Mike Stuart. “Nothing good happens when a convicted felon possesses stolen firearms. We will prosecute these cases every day of the week in an effort to make our communities safer.”
On January 20, 2017, deputies with the Mingo County Sheriff’s Office went to Brewer’s house to investigate a report that he had purchased a stolen gun. During an interview with law enforcement, Brewer admitted that he bought the gun, an F.I.E., Model E15, .22 caliber revolver. He further admitted that he knew he was not supposed to possess guns because of his felony conviction. Brewer additionally admitted that he had a rifle in his residence, and gave deputies permission to search. Deputies located the rifle, a Savage Arms, Model Mark II, .22 caliber rifle in Brewer’s house.
Through further investigation of pawn shop records, law enforcement determined that the .22 rifle was also stolen. Furthermore, Brewer admitted that in November 2016, he had another stolen firearm, a CBC, Model 715T, .22 caliber rifle, in his residence. Brewer was prohibited from possessing any firearms under federal law because of a 2012 conviction in Mingo County Circuit Court for delivery of hydrocodone.
Assistant United States Attorney Clint Carte is responsible for the prosecution. Senior United States District Judge David A. Faber imposed the sentence.
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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Miami-Dade County Resident and Haitian National Charged with Cocaine Trafficking in South FloridaRead the Press Release
Two individuals, a Miami-Dade County resident and a Haitian national, have been charged with cocaine trafficking in the Southern District of Florida.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, and Robert F. Lasky, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
According to the Indictment, from at least as early as February 2016, and continuing through on or about March 2, 2017, Vincent Casseus, a/k/a “Angelo” 44, of Jérémie, Haiti, and Vito Antenor, 40, of Miami-Dade County, Florida, conspired to import and possess with intent to distribute 5 kilograms or more of cocaine in Miami-Dade and Broward Counties, and elsewhere. The Indictment further alleges that Casseus and Antenor possessed with the intent to distribute 500 grams or more of cocaine in Miami-Dade County, on November 6, 2016. Casseus was extradited to the U.S. Both Casseus and Antenor have appeared in U.S. Magistrate Court in Miami for their initial hearings related to this matter. Casseus is scheduled to be arraigned on August 1, 2018. Antenor’s detention hearing is scheduled for August 2, 2018 at 10:00 a.m.
If convicted of the conspiracy counts alleged in the Indictment, the defendants face a statutory minimum penalty of 10 years in prison, and a maximum of life. If convicted of possession with intent to distribute 500 grams or more of cocaine, the defendants face a statutory minimum of 5 years, and a maximum term of 40 years in prison.
This investigation and prosecution was carried out by members of the South Florida High Intensity Drug Trafficking Area (HIDTA) Task Force. The South Florida HIDTA, established in 1990, is made up of federal, state and local law enforcement agencies who, cooperatively, target the region’s drug-trafficking and money laundering organizations. The South Florida HIDTA is funded by the Office of National Drug Control Policy, which sponsors a variety of initiatives focused on the nation’s illicit drug trafficking threats.
This prosecution 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 commends the investigative efforts of the FBI in this matter, with the assistance of Homeland Security Investigation, the Miami-Dade Police Department and Doral Police Department. Mr. Greenberg thanked the United States Embassy in Port au Prince, Haiti, the U.S. Drug Enforcement Administration Country Attaché in Haiti, the U.S. Department of State and the Haitian National Police. This case is being prosecuted by Assistant United States Attorney Jonathan K. Osborne.
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.
Mexican National Sentenced for Harmful Marijuana Cultivation Operation in Sequoia National Forest in Tulare CountyRead the Press Release
FRESNO, Calif. — U.S. District Judge Dale A. Drozd sentenced Raul Cardenas-Solis (Cardenas), 22, a citizen of Michoacán, Mexico, today to three years and 10 months in prison for conspiring to cultivate marijuana on public land, U.S. Attorney McGregor W. Scott announced.
In addition to his prison sentence, Judge Drozd ordered Cardenas to pay $11,195 in restitution to the U.S. Forest Service to defray the costs of cleaning up the area damaged by the cultivation operation.
On March 12, 2018, Cardenas pleaded guilty to the charges. According to court documents, in July, 2017, law enforcement officers found Cardenas checking water lines at a marijuana cultivation site in the North Meadow Creek area in Tulare County in the Sequoia National Forest. Cardenas resided at the site, which contained 10,488 marijuana plants. The cultivation operation caused extensive damage to the land and natural resources as a result of deforestation, pesticide and fertilizer use, the diversion of natural water sources, and trash dumped at the site.
This case was the product of an investigation by the U.S. Forest Service with assistance from U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant U.S. Attorney Karen A. Escobar prosecuted the case.
Mexican National Pleads Guilty to Theft of Social Security BenefitsRead the Press Release
SACRAMENTO, Calif. —Roberto Alvarez-Rivera, 84, a Mexican citizen residing in French Camp, pleaded guilty today to theft of government property, U.S. Attorney McGregor W. Scott announced.
According to court documents, in 1954, Alvarez obtained the birth certificate of his cousin, who was a U.S. citizen, and used it to create a false identity to obtain a Social Security number and residence and employment in the United States. In 1996, Alvarez filed for Social Security retirement benefits under his false identity and collected approximately $221,210 in Social Security retirement benefits from 1996 to 2017. This money was the property of the United States, and Alvarez collected the money knowing he was not entitled to it.
This case is the product of an investigation by the Office of the Inspector General, Social Security Administration. Special Assistant U.S. Attorney Robert J. Artuz is prosecuting the case.
Alvarez is scheduled to be sentenced by U.S. District Judge Kimberly J. Mueller on October 22, 2018. Alvarez faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Maryland Man Sentenced to 42 Months in Prison for Firearms Offense Committed After Release from Prison in Shooting CaseRead the Press Release
WASHINGTON – Vincenzo Lomax, 23, of Temple Hills, Md., was sentenced today to 42 months in prison on a federal firearms charge stemming from his possession of a loaded firearm on July 4, 2017, in Southeast Washington, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Lomax pled guilty in January 2018 in the U.S. District Court for the District of Columbia to one count of unlawful possession of a firearm and ammunition by a person convicted of a crime punishable by imprisonment for a term exceeding one year. He was sentenced by the Honorable Christopher R. Cooper. Following his prison term, Lomax will be placed on three years of supervised release.
According to the government’s evidence, on July 4, 2017, just after 2 a.m., MPD officers were in full uniform patrolling the 3200 block of Buena Vista Terrace SE, when they observed a small group of individuals —including Lomax— in the middle of the street. Lomax was wearing a backpack strapped to the front of his chest. Approximately 10 seconds after officers stopped their car to make contact with the group, Lomax took off in a full sprint. While he ran from officers, Lomax tossed his backpack, which contained a loaded firearm, to the ground.
After tossing the backpack, Lomax jumped a fence, continued running, and hid from officers at the bottom of an exterior stairwell leading to a residence. MPD officers set up a perimeter in an attempt to ensure that Lomax did not escape. Within several minutes, police located him crouched in a fetal position hiding at the bottom of the stairwell and sweating profusely. The cellphone that he was holding was subsequently searched pursuant to a search warrant and contained several photographs of Lomax holding numerous firearms. Lomax was arrested and has remained in custody ever since.
At the time of his arrest, Lomax was on supervision with the U.S. Parole Commission in connection with a March 20, 2015 shooting that took place in broad daylight aboard a Metrobus in Southeast Washington. As the bus traveled in the 2200 block of Good Hope Road SE, Lomax and a male passenger were involved in an altercation that prompted Lomax to pull out a loaded pistol. While Lomax and the male passenger physically struggled with each other, Lomax ended up shooting a wholly uninvolved innocent woman. Fortunately, the woman’s injuries were not life-threatening. Lomax pled guilty in the Superior Court of the District of Columbia to two felony offenses related to the shooting and was sentenced in June 2015 to two years in prison. He faces formal revocation of his supervised release and additional incarceration separate and apart from the sentence that he faces for possessing a firearm on July 4, 2017.
In announcing the sentence, U.S. Attorney Liu and Chief Newsham, commended the work of the MPD officers who investigated the case. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including Assistant U.S. Attorneys Christopher Macchiaroli and Kondi Kleinman, and Paralegal Specialist Candace Battle.
Man Convicted of Sexually Assaulting Two Portland Women Given 92 Months in Prison for Illegal ReentryRead the Press Release
PORTLAND, Ore. – Sergio Martinez-Mendoza, 30, was sentenced today to 92 months in federal prison for illegal reentry. Upon completion of his prison sentence, Martinez-Mendoza will be subject to deportation.
“We must stop dangerous criminals with no right to be in the U.S. from returning to our streets and reoffending after completing their state sentences,” said Billy J. Williams, U.S. Attorney for the District of Oregon. “Giving ICE notice that a defendant is in custody on state charges is permitted under Oregon state law and could have prevented these horrific crimes. Oregonians deserve and expect more. As evidenced by this case,” continued U.S. Attorney Williams, “effective communication between federal and state law enforcement is imperative to ensure dangerous illegal aliens are identified and deported according to law.”
According to court documents, prior to July 2017, Martinez-Mendoza, a Mexican citizen, had been deported or removed from the U.S. 11 times, most recently in November 2016. After his eleventh illegal reentry, Martinez-Mendoza committed and was convicted of two violent sexual assaults against two adult females in Portland.
On July 24, 2017, Martinez-Mendoza broke into a home in Portland, pulled an adult female victim from her bed, bound her hands and feet, and proceeded to sexually assault her. During the assault, Martinez-Mendoza punched the victim in the head and slammed her face against the floor. Afterward, he stole $20 from the victim’s purse and fled.
A few hours later, Martinez-Mendoza approached a second victim in parking garage and held a knife to her chest. He knocked a cell phone from her hand and forced her into the passenger seat of her car. The victim temporarily escaped from out the passenger door, but Martinez-Mendoza caught up with her, forced her to ground, and repeatedly banged her head against the pavement.
The Multnomah County District Attorney’s Office prosecuted Martinez-Mendoza for these offenses and, in December 2017, he was sentenced to 420 months in prison. Martinez-Mendoza previously pleaded guilty in federal court to one count of illegal reentry on February 22, 2018.
This case was investigated by U.S. Immigration and Customs Enforcement and prosecuted by Leah K. Bolstad, Assistant U.S. Attorney for the District of Oregon.
Local man sentenced to 140 months imprisonment for conspiracy to distribute and distribution of methamphetamineRead the Press Release
Memphis, TN – A local man has been sentenced to 140 months imprisonment for conspiracy to possess with intent to distribute and distribution of methamphetamine. D. Michael Dunavant, U.S. Attorney for the Western District of Tennessee announced the sentence today.
According to information presented in court, beginning in 2016 through August 2017, investigators with Alcohol, Tobacco, Firearms and Explosives (ATF) and the Multi-Agency Gang Unit (MGU) began investigating a drug trafficking organization distributing ecstasy pills, known as MDMA and methamphetamine in the Western District of Tennessee. William Green a/k/a "Mac Tuddy," 43, was identified as the source of supply for the ecstasy pills containing methamphetamine and MDMA.
U.S. Attorney D. Michael Dunavant said: "Methamphetamine continues to be a significant problem in West Tennessee, and ecstasy is a dangerous concoction that causes addiction and death at alarming rates. We commend the ATF and MGU for their outstanding work to take down this career drug offender."
During the investigation, agents used confidential sources who made recorded phone calls to meet Green and arrange to purchase ecstasy pills. In total, Green was held responsible for the distribution of over 104 grams of methamphetamine and 2.5 kilograms of MDMA, known as ecstasy pills. Based on Green’s record it was determined that he was a career offender.
On July 20, 2018, Green pleaded guilty to this charge and was sentenced by U.S. District Judge Sheryl H. Lipman to serve 140 months in federal prison.
This case was investigated by the Alcohol, Tobacco, Firearms and Explosives (ATF) and the Multi-Agency Gang Unit (MGU).
Assistant U.S. Attorney Jerry Kitchen prosecuted this case on the government’s behalf.
Jury convicts former MetroHealth Chief Operating Officer and three others in kickback and bribery schemeRead the Press Release
The former Chief Operating Officer of MetroHealth Hospital System and three other men were convicted by a jury for their roles in a conspiracy to defraud the hospital and others through a series of bribes and kickbacks totaling hundreds of thousands of dollars related to the hospital’s dental program.
Edward R. Hills, 58, of Aurora, Sari Alqsous, 34, of Cleveland, Yazan B. Al-Madani, 34, of Westlake, and Tariq Sayegh, 38, of Cleveland, were all found guilty of criminal charges following a trial that lasted several weeks. They are scheduled to be sentenced November 27.
“These defendants ripped off taxpayers and betrayed the community’s trust when they accepted hundreds of thousands of dollars in cash and other bribes,” U.S. Attorney Justin Herdman said. “Their egregious, offensive behavior lasted nearly a decade and now they will be held accountable for their actions.”
"A jury decided to hold Mr. Hills and his associates accountable for their roles in defrauding our healthcare system,” FBI Special Agent in Charge Stephen D. Anthony said. “The investigation revealed these individuals engaged in a pervasive pattern of fraud, betraying the MetroHealth Hospital System, its employees, and our community. The collective efforts of the FBI, IRS, Ohio Bureau of Criminal Investigation, Ohio Office of the Inspector General, United States Attorney's Office, and MetroHealth officials led to the disruption of this destructive illegal activity. "
“Edward Hills was placed in the utmost position of trust by MetroHealth, but he chose to abuse that position of trust for his own personal greed and ego,” said Ryan L. Korner, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “These defendants had the opportunity to come clean and tell the truth. Instead, they chose to obstruct the investigation by telling witnesses to not to cooperate with law enforcement. Now they are convicted felons facing a lengthy prison sentences for their crimes. Today’s guilty verdicts are a direct result of the excellent partnership amongst IRS Criminal Investigation, the U.S. Attorney’s Office, FBI, the Ohio Bureau of Criminal Investigation, and the Ohio Office of the Inspector General.”
“This investigation unraveled a complex scheme that involved corruption on a number of different levels,” said Ohio Attorney General Mike DeWine. “Corruption like this has no place in Ohio, and I applaud the work of all our law enforcement partners who investigated and prosecuted this case.”
Hills worked in various capacities at MetroHealth, including as Chief Operating Officer and Director of MetroHealth Dental. He also served as interim President and Chief Executive Officer from December 2012 through July 2013. Alqsous, Al-Madani and Sayegh are dentists who worked for MetroHealth.
According to court documents, testimony and documents presented at trial:
Hills, Alqsous and Al-Madani engaged in a racketeering conspiracy from 2008 through 2016 involving a series of elaborate bribery conspiracies, witness tampering and other crimes. These bribes include Hills soliciting cash, checks, a $3,879 Louis Vuitton briefcase, a 55-inch television, airline flights and use of a downtown apartment from Alqsous, Al-Madani and others. In return, Hills took official actions on their behalf, including allowing them to work at their private dental businesses during regular business hours while receiving a full-time salary from MetroHealth.
Alqsous, Al-Madani and others gave cash, checks and other things of value to Hills beginning in 2009. Evidence included text messages and meetings, often at expensive restaurants, which resulted in cash being deposited into Hills’ bank accounts.
Alqsous sent a text message to Al-Madani and another person in 2013 that stated: “With 22nd of October approaching we ll be celebrating Dr hills bday earlier this year…1000 dollars each is the gift from the 3 sons their father.” Later that day, $3,000 was deposited into Hills’ bank account.
In 2012, Alqsous rented and lived in an apartment at the Perry Payne apartment building in downtown Cleveland. When he bought a residence, Hills instructed Alqsous to continue paying rent and other bills at the Perry Payne building, even though Alqsous would no longer be living there. Hills used the Perry Payne apartment to house an associate and for his own personal use in 2013 and 2014 while Alqsous, acting on Hills’ orders, continued to pay rent and other bills.
Hills instructed Alqsous to purchase furniture for the apartment for Hills’ personal use. Alqsous sent Hills a text in 2013 stating: “I bought your bedroom yesterday…there is mirrors everywhere…You will like it.”
Hills became interim President and CEO of the MetroHealth Hospital System in December 2012. Around that time, he told Alqsous, Al-Madani and others that he wanted a specific Louis Vuitton briefcase because his predecessor had a similar briefcase.
Alqsous texted a photo of the briefcase to Hills and wrote: “The guys are also very excited about their raise haha.” Hills responded with: “Thanks I’m so excited to have my bag to start my new job as #1.” Later that day, Alqsous, Al-Madani and others purchased the briefcase for $3,879 from Saks Fifth Avenue in Beachwood and later presented it to Hills.
As director of MetroHealth Dental, Hills was responsible for determining monthly bonuses for dentists who produced receipts in excess of their monthly salary and benefits. Dentists typically received a monthly bonus totaling 25 percent of the monies they generated for excess receipts.
Between 2010 and 2014, Hills regularly upwardly adjusted the bonuses of Alqsous, Al-Madani and others, by a total of approximately $92,829.
Hills also allowed Alqsous, Al-Madani and others to retain full-time salaries and benefits at MetroHealth without requiring them to work full-time hours, thus allowing them to operate private dental clinics. Hills, acting at the request of Alqsous and Al-Madani, provided MetroHealth dental residents to practice at those private clinics during regular business hours. Neither Alqsous nor Al-Madani paid wages or salaries to the resident dentists.
Additionally, Alqsous, Al-Madani and Sayegh solicited and accepted bribes totaling tens of thousands of dollars from prospective candidates to the MetroHealth Dental residency program.
In a typical year, the MetroHealth Dental residency accepted four to six candidates for the residency program from a pool of 40 to 60 applicants. Alqsous, Sayegh and Al-Madani each had the authority to influence the selection of dental residents, and Hills had final decisional authority over who was selected for the residency program.
Alqsous and Sayegh often identified and selected candidates who were from Jordan or trained at a Jordanian dental school, telling them they would have to pay a “donation” to MetroHealth to be considered. Alqsous and Sayegh directed the candidates to pay the “donation” directly to them, and in some cases, told the candidates a portion of the money would go to Hills.
Alqsous, Sayegh and Al-Madani solicited at least $75,000 in bribes from resident dentist candidate between 2008 and 2014.
In another conspiracy, Al-Madani and Alqsous paid bribes to Hills in exchange for him taking actions to refer Medicaid recipients to private dental clinics owned by Al-Madani and Alqsous instead of MetroHealth. All three took steps to conceal this activity by claiming kickback checks totaling $17,600 written to Hills were for “consultation fees” or “professional fees”.
Hills, Alqsous and Al-Madani also conspired to obstruct justice, instructing people not to cooperate with law enforcement after becoming aware of the federal investigation in 2014.
Hills also made false statements on tax returns, failing to claim approximately $165,751 in unreported income stemming from bribes, kickbacks and other things of value between 2011 and 2013.
This case was prosecuted by Assistant U.S. Attorneys Om Kakani, Michael L. Collyer and James Lewis following an investigation by the FBI, IRS-CI, Ohio Bureau of Criminal Investigation and the Ohio Office of the Inspector General.
Jordanian National Arrested in New York to Face Charges for a Conspiracy to Bring Aliens into the United StatesRead the Press Release
WASHINGTON – A Jordanian national residing in Monterrey, Mexico was arrested Saturday on arrival at JFK International Airport to face a criminal complaint issued in the Western District of Texas for his role in a scheme to smuggle special interest aliens from Mexico into the United States.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney John F. Bash of the Western District of Texas and Special Agent in Charge Shane M. Folden of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) San Antonio made the announcement.
On May 29, an arrest warrant was issued pursuant to a criminal complaint, which alleges that in the later half of 2017, Moayad Heider Mohammad Aldairi, 31, conspired with others to smuggle six Yemeni nationals across the Texas border and into the United States in exchange for a fee.
Aldairi was presented today before U.S. Magistrate Judge Marilyn D. Go in the Eastern District of New York for his initial appearance. At the hearing, Judge Go ordered that Aldairi be held pending transfer to the Western District of Texas for further criminal proceedings.
“Aldairi allegedly smuggled six Yemeni citizens across the Mexican border and into the United States,” said Assistant Attorney General Benczkowski. “Alien smuggling puts our national security at risk, and the Criminal Division is dedicated to enforcing our immigration laws and disrupting the flow of illegal aliens into the United States.”
“The arrest of Aldairi showcases HSI’s unique ability to coordinate investigative efforts across international boundaries with multiple countries and different agencies throughout the U.S. Government,” said HSI Special Agent in Charge Folden. “Attacking the leader/organizers of illicit international pathways for aliens from certain countries of interest will always be a priority of HSI.”
This case is being investigated by HSI Eagle Pass, with assistance from HSI New York, HSI Jordan and the U.S. Embassy of Jordan. The investigation is being conducted under the Extraterritorial Criminal Travel Strike Force (ECT) program, a joint partnership between the Justice Department’s Criminal Division and HSI. The ECT program focuses on human smuggling networks that may present particular national security or public safety risks, or present grave humanitarian concerns. ECT has dedicated investigative, intelligence and prosecutorial resources. ECT coordinates and receives assistance from other U.S. government agencies and foreign law enforcement authorities.
This case is being prosecuted by Trial Attorney James Hepburn of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Matthew Watters of the Western District of Texas.
The charges contained in the complaint are merely allegations and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Jefferson County man sentenced for firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA –Tyler Hall, of Ranson, West Virginia, was sentenced today to five years probation for a firearms charge, United States Attorney Bill Powell announced.
Hall, age 27, pled guilty to one count of “Drug User in Possession of a Firearm – Aiding and Abetting” in March 2018. Hall admitted to illegally possessing a Taurus 38 Special handgun. The crime occurred in September 2015 in Jefferson County.
Assistant U.S. Attorney Paul T. Camilletti prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
Chief U.S. District Judge Gina M. Groh presided.Jacksonville Man Sentenced to Seven Years in Federal Prison for Distributing Child Sex Abuse Videos over the InternetRead the Press Release
Jacksonville, Florida – Senior United States Judge Richard W. Goldberg has sentenced Jason James Neiheisel (28, Jacksonville) to seven years in federal prison for sharing child sex abuse videos and making them available online for distribution. Neiheisel was also ordered to serve a five-year term of supervised release and to register as a sex offender. A federal jury found him guilty in April 2018.
According to evidence and testimony at trial, an FBI task force officer (TFO) conducted an online investigation of individuals using the internet to trade child pornography and identified a host computer in Jacksonville that was offering child sex abuse videos for distribution. The TFO downloaded approximately 48 videos, several of which depicted young children being sexually abused, from a computer using the internet protocol address at Neiheisel’s apartment in Jacksonville. On April 11, 2017, FBI agents interviewed Neiheisel at his home. He told the agents that he had used a file-sharing network, had downloaded child pornography for “a while,” and that he enjoyed the “thrill of the hunt” to see what kind of child pornography he could find.
Neiheisel’s computer was seized and a forensic examination confirmed that he had used it to access the file-sharing network. Neiheisel also admitted that he knew that he had made the child pornography videos available to anyone on the file-sharing network who wished to participate.
This case was investigated by the Columbia County Sheriff’s Office and the FBI. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case 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 United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
Inmate Indicted for Assaulting Two Correctional OfficersRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Benito Flores, age 38, an inmate at United States Penitentiary Allenwood (USP Allenwood), Allenwood, Pennsylvania, was indicted on July 26, 2018, by a federal grand jury for assaulting two correctional officers.
According to United States Attorney David J. Freed, the indictment alleges that on June 4, 2017, Flores kicked and elbowed correctional officers while they performed their official duties.
The case was investigated by the Federal Bureau of Investigation and USP Allenwood. Assistant U.S. Attorney Alisan VanFleet is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for each offense is eight years of imprisonment, $250,000 fine, and a three year term of supervised release. 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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Illegal Aliens Pleads Guilty to Unlawfully Reentering United States as Convicted FelonRead the Press Release
Gulfport, Miss. – Alfredo Pavon-Carranza, 28, an illegal alien from Mexico, pled guilty before U.S. District Judge Sul Ozerden to unlawfully re-entering the United States after having been removed previously as a convicted felon, announced U.S. Attorney Mike Hurst and Gregory A. Bovino, Chief Patrol Agent of the U.S. Border Patrol’s New Orleans Sector. Pavon-Carranza is scheduled to be sentenced by Judge Ozerden on November 8, 2018. He faces a potential maximum penalty of 10 years in prison followed by three years of supervised release and a maximum $250,000 fine.
On April 30, 2018, the U.S. Border Patrol received a phone call from a concerned citizen regarding a previously removed alien. The caller stated Alfredo Pavon-Carranza had returned to his residence in Biloxi, Mississippi, and had allegedly made a threat against a neighbor. A Biloxi Police Department “Be On the Look-out” Bulletin and Department of Homeland Security records checks corroborated the caller. Subsequent surveillance confirmed Pavon-Carranza’s address and he was arrested.
On September 13, 2017, a U.S. Immigration Judge in Oakdale, Louisiana, had ordered Pavon-Carranza removed from the United States. Pursuant to the judge’s order, Pavon-Carranza departed the United States on October 3, 2017. Pavon-Carranza had been convicted of a felony offense before his removal from the United States. Specifically, on April 4, 2008, Pavon-Carranza was convicted of Aggravated Assault, and was sentenced to five years in state prison.
U.S. Attorney Hurst commended the work of the City of Biloxi Police Department and the United States Border Patrol. Assistant United States Attorney Stan Harris is the prosecutor for the case.
Huntington Woman Pleads Guilty to Distributing Heroin/Fentanyl MixRead the Press Release
HUNTINGTON, W.Va. – A Huntington woman who was caught selling heroin and fentanyl in 2016 pled guilty today in federal court in Huntington, announced United States Attorney Mike Stuart. Ashley Dawn Russell, 26, entered a guilty plea to distribution of heroin and fentanyl before United States District Judge Robert C. Chambers. Stuart commended the investigative work done by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“Drug dealers are mixing fentanyl with everything from heroin to meth and marijuana,” said United States Attorney Mike Stuart. “Fentanyl is deadly. As part of Project Huntington and the newly announced Operation Synthetic Opioid Surge initiative, we are prosecuting dealers of synthetic opioids to the fullest extent of the law regardless of quantity. We will clean up these streets no matter how many dealers we have to prosecute.”
Russell admitted that on August 3, 2016, she assisted Traemone Miller in conducting a drug transaction at 904 Marcum Terrace in Huntington. On that date, a confidential informant met with Miller and gave him $700 which was the purchase price for heroin. Miller left the apartment and provided Russell with heroin which she then distributed to the informant. A chemist with the West Virginia State Police laboratory confirmed after forensic analysis that the heroin was in fact approximately 5 grams of a heroin and fentanyl mixture.
Russell faces up to 20 years in federal prison when she is sentenced on November 13, 2018.
Assistant United States Attorney Joseph F. Adams is handling the prosecution.
The drug prosecution is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Harrisburg Women Charged with Maintaining A Drug-Involved PremisesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Phiniqua Moore, age 19, of Harrisburg, Pennsylvania, was charged on July 27, 2018, in a criminal information with maintaining a drug-involved premises.
According to United States Attorney David J. Freed, the information alleges that between November 2017 and December 2017, Moore maintained premises located on Hunter Street in Harrisburg for the purpose of distributing cocaine base and marijuana.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrisburg City Police Department. Assistant U.S. Attorney Carlo D. Marchioli is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is imprisonment for 20 years, 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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Georgia Pair Arrested for Role in Interstate Jury-Duty ScamRead the Press Release
BIRMINGHAM – The FBI today arrested two Georgia residents on charges they took part in an interstate jury-duty scam, announced U.S. Attorney Jay E. Town, FBI Special Agent in Charge Johnnie Sharp Jr. and U.S. Marshal Martin Keely.
A one-count indictment filed in U.S. District Court for the Northern District of Alabama charges TEIANA MARIE TAYLOR and ORENTHIAL WALKER, both of Decatur, Georgia, with conspiring together and with others to commit wire fraud with false information concerning jury duty. They were arrested in Georgia.
“Scammers like these undermine the authority of the courts and federal law enforcement agencies dedicated to the rule of law,” Town said. “It is important for everyone to understand, in an effort to avoid becoming a victim, that federal agencies will never call you on the phone and demand money. We do not, typically, call ahead.”
According to the indictment, a member of the conspiracy would call a resident of the Northern District of Alabama, falsely claim to be a federal official, falsely claim that a judge had issued an arrest warrant for the resident, and then demand immediate payment of money. If the resident agreed to pay, the caller would demand that the victim transfer the money by means of gift cards or through commercial money transfer services to an account controlled by the conspiracy. Walker, 42, and Taylor, 35, would then withdraw the proceeds of the fraud and transfer them as directed by the conspiracy, according to the indictment.
The maximum penalty for conspiracy to commit wire fraud is 20 years in prison and a $250,000 fine.
Victims of this fraud commonly report that the scammers sound convincing and speak authoritatively. The scammers may use real information about the victim and accurate court addresses. They may also use the real names of law enforcement officers, court officials, and federal judges to make the scam appear more credible. They may even “spoof” the phone number on caller ID so that it falsely appears to be from the court or a government agency.
Citizens can protect themselves by knowing these facts about federal jury service:
●The court will always send a jury summons by U.S. Mail.
●The court and law enforcement will never demand payment over the phone.
●The court and law enforcement will never demand a gift card number to satisfy an obligation.
●A prospective juror who disregards a jury summons will be contacted through the mail by the court clerk’s office and may, in certain circumstances, be ordered to appear before a judge. Such an order will always be in writing and signed by the judge.
●A fine will never be imposed until after the individual has appeared in court and been given the opportunity to explain his or her failure to appear. If a fine is imposed, it will be in open court and reduced to writing (and will not be payable by gift card number).
Citizens who wish to verify whether they were summoned for federal jury duty may contact the Northern District of Alabama’s jury office at 1-800-222-8715. Citizens can report a scam phone call by contacting the FBI Birmingham Field Office at 205-326-6166.
The FBI and the U.S. Marshals Service investigated this case, which Assistant U.S. Attorney Jonathan S. Keim is prosecuting.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Gary Man Sentenced to 71 Months in PrisonRead the Press Release
SOUTH BEND – Raphael Perry, 43 years old, of Gary, Indiana, was sentenced by U.S. District Court Judge Robert L. Miller, Jr. after pleading guilty to possession with intent to distribute over 100 grams of heroin, announced United States Attorney Thomas L. Kirsch II.
Perry was sentenced to 71 months imprisonment, followed by 4 years supervised release.
According to documents in the case, in September 2017, Raphael Perry possessed over 100 grams of heroin with intent to distribute. He possessed this heroin at his home in Gary, Indiana.
This case was investigated by DEA and prosecuted by Assistant United States Attorney Frank Schaffer.
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Gang Member Sentenced for Trafficking MarijuanaRead the Press Release
BROWNSVILLE, Texas – A 39-year-old Edinburg man has been ordered to federal prison following his conviction of trafficking 131.6 kilograms of marijuana, announced U.S. Attorney Ryan K. Patrick. Rogelio Ramos, a known member of the Vallucos street gang, pleaded guilty April 27, 2018.
Today, U.S. District Judge Fernando Rodriguez Jr. ordered Ramos to serve 87 months in federal prison to be immediately followed by four years of supervised release.
On March 9, 2018, authorities engaged in a vehicle pursuit after watching several individuals loading large bundles of marijuana into a Ford Taurus near the U.S. and Mexico border around Blue Town. The vehicle stopped and authorities watched Ramos run into a sugar cane field to hide. Agents found 12 bundles of marijuana in the backseat and trunk of the Taurus, totaling 131.6 kilograms.
Ramos admitted he was intending to distribute the marijuana within the United States.
Ramos has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration and Border Patrol conducted the investigation. Assistant U.S. Attorney Holly D’Andrea prosecuted the case.
Gang Member Convicted in Manhattan Federal Court for His Role in the Murder of Jessica WhiteRead the Press Release
Geoffrey S. Berman, United States Attorney for the Southern District of New York, announced that STIVEN SIRI-REYNOSO was found guilty of the June 11, 2016, murder of Jessica White, who was killed by a stray bullet while watching her children play in the playground of the John Adams Houses in the Bronx, New York. SIRI-REYNOSO was convicted after an eight-day trial before Chief U.S. District Judge Colleen McMahon.
U.S. Attorney Geoffrey S. Berman: “On June 11, 2016, Jessica White did what so many parents love to do – she took her children to the playground. There, she was killed before her children’s eyes, the victim of a stray bullet in a gang shooting. Today, a jury in the Southern District of New York unanimously found that Stiven Siri-Reynoso gave the order for that shooting. We recognize that this verdict cannot fill the gaping hole that Jessica’s death left in so many hearts. But in the face of such tragedy, we, along with our law enforcement partners, maintain our commitment to ridding our neighborhoods and playgrounds of senseless gang violence. That is what we accomplished today, thanks to the extraordinary efforts of the FBI and NYPD.”
According to the allegations in the Indictment and evidence at trial:
On June 11, 2016, Jessica White was struck and killed by a stray bullet while sitting on a bench watching her three children play on a playground at the John Adams Houses where she lived. SIRI-REYNOSO, a member of the “Dominicans Don’t Play” or “DDP” street gang, was engaged in an ongoing gang dispute between the DDPs and the rival “Trinitarios” street gang involving, among other things, SIRI-REYNOSO’s drug sales near the John Adams Houses. On the night of June 11, 2016, Trinitarios members tried to attack SIRI-REYNOSO. In retaliation, SIRI-REYNOSO sent another individual to shoot at the Trinitarios. One of the bullets fired by that individual struck and killed Jessica White.
SIRI-REYNOSO also committed other crimes in connection with his membership in the DDP’s, including drug selling and robbery.
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SIRI-REYNOSO, 24, of the Bronx, was convicted of conspiring to commit racketeering, conspiring to sell narcotics, murder in aid of racketeering, and murder through the use of a firearm. SIRI-REYNOSO is facing a mandatory minimum sentence of life in prison, and is scheduled to be sentenced on October 30, 2018, before Judge McMahon. 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.
Mr. Berman praised the outstanding investigative work of the Federal Bureau of Investigation and the New York City Police Department.
The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Drew Skinner, Allison Nichols, and Frank Balsamello are in charge of the prosecution.Fort Wayne Man Sentenced to 180 Months in PrisonRead the Press Release
FORT WAYNE – Darin Kaufman, 37 years old, of Fort Wayne, Indiana, was sentenced by U.S. District Court Judge Theresa L. Springmann, after pleading guilty to one count of Receipt of Material Depicting Minors Engaged in Sexually Explicit Conduct and one count of Possession of Material Depicting Minors Engaged in Sexually Explicit Conduct, announced U.S. Attorney Kirsch.
Kaufman was sentenced to 180 months in prison followed by 5 years of supervised release.
According to documents in this case, from January 2014 through November 2014, Kaufman received and possessed child pornography. Found in his possession were images from different child pornography series that are known to law enforcement. Kaufman entered a plea of guilty for the charges mentioned above in May of 2016. He has been in custody since his arrest stemming from these charges.
This case was investigated by the FBI and the Fort Wayne Police Department. This case was prosecuted by Assistant United States Attorney Lesley J. Miller Lowery.
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Fort Drum Contractor Pays $683,987 to Resolve False Claims Act ExposureRead the Press Release
SYRACUSE, NEW YORK – Alutiiq Diversified Services, LLC (“Alutiiq”) paid $683,987 to resolve claims that it improperly billed the United States Army for the construction of a shoot house located at Fort Drum and has agreed to remediate the shoot house at no cost to the government, announced United States Attorney Grant C. Jaquith.
Alutiiq had an agreement with the Army to construct a shoot house on Fort Drum for use as a live-fire, close-quarters combat training facility. Shoot houses like this one are made principally with a substance called Shock Absorbing Concrete (“SACON”). SACON is specially designed to absorb bullets fired during training exercises, reducing the risk to soldiers of being hit by friendly gun fire during live-fire training. The specification for the SACON sets forth requirements for the density of the SACON at various stages of manufacture and the SACON’s compressive strength, both of which can impact the SACON’s ability to absorb bullets. Alutiiq subcontracted with another company to do the actual work of building the shoot house, but Alutiiq remained contractually obligated to the government to perform quality control.
The investigation revealed that the subcontractor responsible for making the SACON did not follow the SACON specifications, delivering hundreds of SACON blocks that were outside the density parameters. Moreover, there were no records showing that the subcontractor performed compressive strength testing at the required time, and the limited strength testing records that were available showed that some SACON blocks were outside the maximum strength limit even when tested too early. The investigation also uncovered a SACON block with makeshift rebar in the form of nail and wire embedded inside the block, a condition that increases bullet ricochet risk. Alutiiq submitted quality control reports for the SACON work certifying that it was performed in accordance with the contract requirements but did not actually confirm before submitting its claims for payment that the SACON subcontractor had manufactured the SACON properly.
United States Attorney Grant C. Jaquith said: “Accurate claims are essential in all government contracts to protect the public purse and the safety of those who use the purchased product. This case underscores the importance of that principle, involving false claims about the reliability of materials to reduce the risk to our soldiers during live-fire combat training. The settlement agreement reflects Alutiiq’s failure to carry out its quality control obligations, its submission of false claims, and its cooperative work to resolve this case by paying a substantial sum of money and fixing the shoot house so the Army has the safe setting needed to train soldiers to defend our nation. We will continue to use the False Claims Act to safeguard the integrity of defense procurement.”
“The settlement agreement announced today is the successful resolution of this joint investigation conducted by the Defense Criminal Investigative Service (DCIS), the U.S. Army Criminal Investigation Command and the U.S. Attorney’s Office, Northern District of New York,” stated Leigh-Alistair Barzey, Special Agent-in-Charge, DCIS Northeast Field Office. “The integrity of the DoD supply chain is of vital importance to America’s Armed Forces and its national security and the DCIS will continue to work with its law enforcement partners to hold Defense Contractors accountable to contract requirements ensuring quality products and services are provided to the U.S. military.”
This settlement further demonstrates the resolve of the U.S. Army Criminal Investigation Command's (USACIDC) Major Procurement Fraud Unit and our law enforcement partners to protect and defend the assets of the United States Army,” stated Special Agent in Charge L. Scott Moreland, of the USACIDC’s Mid-Atlantic Fraud Field Office.
The investigation and settlement were the result of a coordinated effort among the United States Attorney’s Office for the Northern District of New York, the Defense Criminal Investigative Service, and the United States Army Criminal Investigation Command. The United States was represented by Assistant U.S. Attorney Michael D. Gadarian.
Former Virginia Teacher Sentenced to 23 Years in Prison for Producing Child PornographyRead the Press Release
WASHINGTON - A Charlottesville, Virginia man was sentenced today to 276 months in prison for production of child pornography, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Thomas T. Cullen of the Western District of Virginia and Special Agent in Charge Patrick J. Lechleitner of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Washington, D.C. field office.
Richard Wellbeloved-Stone, 57, pleaded guilty in the U.S. District Court for the Western District of Virginia to one count of production of child pornography. Senior U.S. District Judge Norman K. Moon presided over the sentencing and ordered him to serve a lifetime of supervised release following his prison sentence.
Wellbeloved-Stone, a high school teacher in Charlottesville, was discovered by law enforcement after chatting online with an undercover agent from the United Kingdom about sexually abusing a young child. A search warrant executed at Wellbeloved-Stone’s home recovered several images of child pornography produced by Wellbeloved-Stone of at least two young minor victims.
“As a high school science teacher, the defendant held a position of great trust in our society – a trust he abused when he produced horrific images of young children,” said Assistant Attorney General Benczkowski. “Today’s sentence reflects the unwavering commitment of our prosecutors and law enforcement partners to combat child pornography and to hold offenders accountable for their deplorable crimes.”
“This defendant, through his heinous acts, betrayed the trust of the Charlottesville community,” said U.S. Attorney Cullen. “We are grateful for the hard work of our federal, state, and local law-enforcement partners in bringing him to justice and making our community safer.”
“Child predators are the worst type of criminals,” said HSI Special Agent in Charge Lechleitner. “They prey on innocent children for their own self-gratification. While we can’t undo Wellbeloved-Stone’s actions, today’s sentence ensures he can’t victimize anyone else.”
This case was investigated by HSI Washington, D.C., the Charlottesville Police Department, the Virginia State Police, the Albemarle County Police Department and the Criminal Division’s Child Exploitation and Obscenity Section’s (CEOS) High Technology Investigative Unit.
This case was prosecuted by Trial Attorney Leslie Williams Fisher of the Criminal Division’s CEOS and Assistant U.S. Attorney Nancy Healey.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and CEOS, 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.
Former Virginia High School Science Teacher Sentenced to 23 Years in Prison for Producing Child PornographyRead the Press Release
A Charlottesville, Virginia man was sentenced today to 276 months in prison for production of child pornography, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Thomas T. Cullen of the Western District of Virginia and Special Agent in Charge Patrick J. Lechleitner of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Washington, D.C. field office.
Richard Wellbeloved-Stone, 57, pleaded guilty in the U.S. District Court for the Western District of Virginia to one count of production of child pornography. Senior U.S. District Judge Norman K. Moon presided over the sentencing and ordered him to serve a lifetime of supervised release following his prison sentence.
Wellbeloved-Stone, a high school teacher in Charlottesville, was discovered by law enforcement after chatting online with an undercover agent from the United Kingdom about sexually abusing a young child. A search warrant executed at Wellbeloved-Stone’s home recovered several images of child pornography produced by Wellbeloved-Stone of at least two young minor victims.
“As a high school science teacher, the defendant held a position of great trust in our society – a trust he abused when he produced horrific images of young children,” said Assistant Attorney General Benczkowski. “Today’s sentence reflects the unwavering commitment of our prosecutors and law enforcement partners to combat child pornography and to hold offenders accountable for their deplorable crimes.”
“This defendant, through his heinous acts, betrayed the trust of the Charlottesville community,” said U.S. Attorney Cullen. “We are grateful for the hard work of our federal, state, and local law-enforcement partners in bringing him to justice and making our community safer.”
“Child predators are the worst type of criminals,” said HSI Special Agent in Charge Lechleitner. “They prey on innocent children for their own self-gratification. While we can’t undo Wellbeloved-Stone’s actions, today’s sentence ensures he can’t victimize anyone else.”
This case was investigated by HSI Washington, D.C., the Charlottesville Police Department, the Virginia State Police, the Albemarle County Police Department and the Criminal Division’s Child Exploitation and Obscenity Section’s (CEOS) High Technology Investigative Unit.
This case was prosecuted by Trial Attorney Leslie Williams Fisher of the Criminal Division’s CEOS and Assistant U.S. Attorney Nancy Healey.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and CEOS, 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.
Former Owner of Sleep Study Businesses Convicted of Fraud ConspiracyRead the Press Release
A federal jury convicted a Sterling, Virginia woman today on health care fraud and tax charges for operating a fraudulent sleep study clinic in Northern Virginia.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia; Assistant Director in Charge Nancy McNamara of the FBI’s Washington Field Office; Acting Special Agent in Charge Kelly R. Jackson of IRS Criminal Investigation (CI) Washington D.C. Field Office; Special Agent in Charge Bret D. Mastronardi for the Office of Personnel Management Office (OPM); Special Agent in Charge Robert E. Craig for the Defense Criminal Investigative Service’s (DCIS) Mid-Atlantic Field Office; and Special Agent in Charge Maureen Dixon of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG) made the announcement.
After a two-week trial, Young Yi, 44, a citizen of South Korea, was convicted of one count of conspiracy to commit health care and wire fraud, seven counts of health care fraud, one count of conspiracy to defraud the United States, and one count of filing a false tax return. She is scheduled to be sentenced on Nov. 2 by U.S. District Judge Liam O’Grady of the Eastern District of Virginia, who presided over the trial and remanded her into the custody of the U.S. Marshals Service.
“Young Yi fueled her lavish lifestyle by misleading patients, withholding information from physicians, and using doctors’ identifying information without their permission in order to steal millions of dollars from Medicare and private insurers,” said Assistant Attorney General Benczkowski. “Today’s verdict highlights the important work of the Department and our law enforcement partners as we seek to hold people accountable for defrauding our health care system.”
“Yi lied to, cheated, and stole from taxpayers and insurance companies,” said U.S. Attorney Terwilliger. “When someone commits healthcare and tax fraud it drives up the cost of care for everyone and creates an un-level playing field. Yi misled patients and their doctors, falsified records to cover it up, and deducted millions in taxes she used to buy expensive properties and luxury goods. I want to thank our trial team and investigative partners for their terrific work on this complex and important case.”
According to evidence presented at trial, Yi obtained more than $83 million from Medicare and private insurance during the health care fraud conspiracy and lowered her taxes by nearly $900,000 in one tax year alone. Yi formed the primary entities she used to commit the crimes, 1st Class Sleep Diagnostic Center and 1st Class Medical, in 2005. Using those and other entities, Yi directed her employees to solicit patients who had been referred to her clinic for legitimate sleep studies for supplemental but medically unnecessary studies. To conceal the scheme, Yi instructed employees not to send the results of the fraudulent studies to the patients’ doctors, lied to patients by telling them they did not have to pay copays or coinsurance, and cross-billed using her different entities both to conceal the repetition from the insurance companies and to get out-of-network payments for in-network services. The cross-billing between the two lead entities alone was approximately $4 million. Yi also used the original referring doctors’ names and identifying information on health insurance claims without their permission, the evidence showed.
According to the evidence presented at trial, Yi used her business bank accounts to purchase personal luxury goods and real estate that she nonetheless booked as business expenses. Those falsely booked purchases included a $25,000 Rolex watch, $10,500 in mink coats, several luxury vehicles and a $1.1 million home in Sterling, Virginia. Yi also used the proceeds of her crimes to purchase five condominiums worth more than $2.8 million in McLean, Virginia; Chicago, Illinois; and Honolulu, Hawaii. Yi used money that she falsely booked as payments for medical supplies and health insurance reimbursements to purchase land in Great Falls, Virginia. After a February 2014 search warrant was executed at her businesses, Yi and her husband formed a purported charity, and transferred assets into that foundation to protect them from law enforcement.
In addition to the medically unnecessary sleep studies performed on patients who had been referred by doctors to 1st Class Sleep Diagnostic Center, Yi also encouraged her own employees to have sleep studies that were then billed to insurance, the evidence showed. Those included claims charged in the indictment for three employees who did not have sleep apnea but nonetheless received at least 27 sleep studies between them in less than three years. The employees received payments for undergoing the sleep studies, and in some instances, the employees were organized into teams for “races” to see who could refer the greatest number of friends and family members for the fraudulent studies.
Yi’s co-defendant, Dannie Ahn, pleaded guilty in December 2017 and is scheduled to be sentenced on Sept. 14.
The case was investigated by the FBI Washington Field Office, IRS-CI, OPM-OIG, DCIS and HHS-OIG. Trial Attorney Kevin Lowell of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Katherine L. Wong and Ryan S. Faulconer of the Eastern District of Virginia are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.
Former Owner of Sleep Study Businesses Convicted of Fraud ConspiracyRead the Press Release
ALEXANDRIA, Va. – A federal jury convicted a Sterling woman today on health care fraud and tax charges for operating a fraudulent sleep study clinic in Northern Virginia.
“Yi lied to, cheated, and stole from taxpayers and insurance companies,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “When someone commits healthcare and tax fraud it drives up the cost of care for everyone and creates an un-level playing field. Yi misled patients and their doctors, falsified records to cover it up, and deducted millions in taxes she used to buy expensive properties and luxury goods. I want to thank our trial team and investigative partners for their terrific work on this complex and important case.”
According to court records and evidence presented at trial, Young Yi, 44, a citizen of South Korea, obtained more than $83 million from Medicare and private insurance during the health care fraud conspiracy and lowered her taxes by nearly $900,000 in one tax year alone. Yi formed the primary entities she used to commit the crimes, 1st Class Sleep Diagnostic Center and 1st Class Medical, in 2005. Using those and other entities, Yi directed her employees to solicit patients who had been referred to her clinic for legitimate sleep studies for supplemental but medically unnecessary studies. To conceal the scheme, Yi instructed employees not to send the results of the fraudulent studies to the patients’ doctors, lied to patients by telling them they did not have to pay copays or coinsurance, and cross-billed using her different entities both to conceal the repetition from the insurance companies and to get out-of-network payments for in-network services. The cross-billing between the two lead entities alone was approximately $4 million. Yi also used the original referring doctors’ names and identifying information on health insurance claims without their permission, the evidence showed.
“Young Yi fueled her lavish lifestyle by misleading patients, withholding information from physicians, and using doctors’ identifying information without their permission in order to steal millions of dollars from Medicare and private insurers,” said Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division. “Today’s verdict highlights the important work of the Department and our law enforcement partners as we seek to hold people accountable for defrauding our health care system.”
According to the evidence presented at trial, Yi used her business bank accounts to purchase personal luxury goods and real estate that she nonetheless booked as business expenses. Those falsely booked purchases included a $25,000 Rolex watch, $10,500 in mink coats, several luxury vehicles and a $1.1 million home in Sterling, Virginia. Yi also used the proceeds of her crimes to purchase five condominiums worth more than $2.8 million in McLean, Virginia; Chicago, Illinois; and Honolulu, Hawaii. Yi used money that she falsely booked as payments for medical supplies and health insurance reimbursements to purchase land in Great Falls, Virginia. After a February 2014 search warrant was executed at her businesses, Yi and her husband formed a purported charity, and transferred assets into that foundation to protect them from law enforcement.
In addition to the medically unnecessary sleep studies performed on patients who had been referred by doctors to 1st Class Sleep Diagnostic Center, Yi also encouraged her own employees to have sleep studies that were then billed to insurance, the evidence showed. Those included claims charged in the indictment for three employees who did not have sleep apnea but nonetheless received at least 27 sleep studies between them in less than three years. The employees received payments for undergoing the sleep studies, and in some instances, the employees were organized into teams for “races” to see who could refer the greatest number of friends and family members for the fraudulent studies.
Yi’s co-defendant, Dannie Ahn, pleaded guilty in December 2017 and is scheduled to be sentenced on September 14.
Yi was convicted of one count of conspiracy to commit health care and wire fraud, seven counts of health care fraud, one count of conspiracy to defraud the United States, and one count of filing a false tax return. She is scheduled to be sentenced on November 2.
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division, Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, Kelly R. Jackson, Acting Special Agent in Charge of IRS-Criminal Investigation, Washington D.C. Field Office, Bret D. Mastronardi, Special Agent in Charge for the Office of Personnel Management Office, Robert E. Craig, Special Agent in Charge for the Defense Criminal Investigative Service’s Mid-Atlantic Field Office, and Maureen Dixon, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), made the announcement. Assistant U.S. Attorneys Katherine L. Wong and Ryan S. Faulconer, and Trial Attorney Kevin Lowell of the Criminal Division’s Fraud Section are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:17-cr-224.
Former Military Police Officer Sentenced to 15 Years in Prison for Production of Child PornographyRead the Press Release
HONOLULU – Christopher Ernest Fox, 21, a former Military Police Officer stationed at Schofield Barracks, Hawaii, was sentenced today to 15 years of imprisonment for the production of child pornography for his online exploitation and “sextortion” of a minor female. As part of his sentence, Fox must pay $10,000 in restitution to the victim and her family, and serve 10 years of supervised release. Fox will also be required to register as a sex offender.
According to court documents and information presented in court, in August 2016 Fox began corresponding with a 12-year-old female in the United Kingdom using social media applications, including Instagram and Snapchat. In September 2016, Fox began to solicit sexually explicit photographs from the girl, knowing she was a minor. After obtaining naked photographs of the girl, Fox then asked for more. Fox used the photographs he initially received from the girl to blackmail her into sending additional explicit photographs, and threatened to distribute the initial photographs to her friends and family if she did not comply with his demands. Ultimately, when his victim refused to continue sending Fox explicit photographs, he created a fictitious social media account under her name, and used that account to distribute the sexually explicit photographs to her friends and classmates. As a result of Fox’s crime, the minor was bullied, harassed, and threatened with further extortion by random strangers online.
At Fox’s sentencing, Chief U.S. District Judge J. Michael Seabright remarked upon the “harm and terror this [crime] would cause somebody.” He went on to call Fox’s actions “a lifechanging, traumatic experience,” and noted, “saying his actions were wrong is a grave understatement.”
“Project Safe Childhood, a national initiative within the Department of Justice, combats crimes against children,” said U.S. Attorney Kenji M. Price. “This Office is committed to holding those who sexually exploit our young people accountable for their crimes. These kind of crimes are serious and have devastating impacts on victims, their families, and the community atlarge. The U.S. Attorney’s Office will continue to aggressively prosecute, and seek significant sentences for defendants who prey on our young people.”
The case was investigated by the United States Department of Homeland Security, Homeland Security Investigations, with assistance from the Wiltshire Police Department in the United Kingdom, and prosecuted by Assistant U.S. Attorney Morgan Early.
Federal Jury Convicts Registered Sex Offender in Plot to Bomb Target StoresRead the Press Release
Ocala, Florida – A federal jury has found Mark Charles Barnett (50, Ocala) guilty of attempted arson, possession of an unregistered National Firearms Act (NFA) destructive device, and making an unregistered NFA destructive device. Barnett faces a maximum penalty of 20 years in federal prison for the attempted arson count and up to 10 years in federal prison on each of the destructive device convictions. His sentencing hearing has been set for October 17, 2018.
A federal grand jury returned a superseding indictment charging Barnett with these crimes on June 20, 2018.
According to testimony and evidence presented at trial, Barnett offered a Confidential Source (CS) $10,000 to place improvised explosive bombs inside Target stores along the east coast of the United States. Barnett purchased the bomb components and assembled at least 10 of the destructive devices, which he disguised inside the packaging of common grocery items. He then delivered the devices to the CS with instructions to put them on the shelves of Target stores from New York to Florida. The CS, however, promptly surrendered the destructive devices to authorities and Barnett was arrested on February 14, 2017.
Barnett theorized that the company’s stock value would plunge after the explosions, allowing him to cheaply acquire shares of Target stock before an eventual rebound in prices. Barnett told the source, “If someone has to die so that I can make some money, so be it.”
Federal explosives experts subsequently determined that the resulting fire and explosion from each of the devices would have been capable of causing property damage, serious injury, and death. Searches of Barnett’s house, cellphone, and computer revealed pictures of the grocery items that he had turned into bombs, as well as leftover bomb components and articles describing stock options.
Barnett, a registered sex offender, had been conditionally released from state prison in 2013, following multiple felony convictions for sexual assault, kidnapping, and grand theft. He was also previously convicted of kidnapping in Mississippi.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI, the Florida Department of Law Enforcement, the Marion County Sheriff’s Office, the Florida Department of Corrections - Probation and Parole, and the Ocala Police Department. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Detroit Man Sentenced to 87 Months for Trafficking in Fentanyl, Heroin, and OxycodoneRead the Press Release
LEXINGTON, Ky. — Vincent S. Edge, 37, of Detroit, was sentenced to 87 months in federal prison, by United States District Judge Danny C. Reeves, for conspiring to distribute fentanyl, heroin, and oxycodone. Edge was also ordered to pay a $2,000 fine.
Edge previously admitted that, in early 2016, he came to the Richmond and Morehead, Kentucky areas to sell fentanyl, heroin, and oxycodone. Edge admitted that he supplied oxycodone to drug dealers in Morehead. Edge also leased an apartment in Richmond and sold fentanyl, heroin, and oxycodone from that location. Law enforcement agents purchased fentanyl, heroin, and oxycodone from Edge, in September of 2016. Edge also recruited other drug dealers from Detroit to live at his Richmond apartment and sell fentanyl, heroin, and oxycodone drugs in the areas. Edge supplied the drugs to local sellers and took the profits back to Detroit. On December 8, 2016, state and federal law enforcement agencies executed a search warrant at the apartment and recovered, drug proceeds, fentanyl, heroin, and oxycodone. Edge was ultimately arrested in Northern Ohio.
Edge pleaded guilty to the federal charge in April 2018.
“This is another example of drug traffickers from larger cities coming to Central Kentucky to profit from selling the illegal drugs that are devastating our community,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “This prosecution should serve as warning to those who look to engage in similar conduct: if you are selling these dangerous drugs and profiting from the suffering and death they cause, no matter where you are from, we will look to prosecute you and place your freedom in jeopardy. We are committed to using all the tools we have to combat this continuing epidemic.”
“I want to commend the work of the DEA and our local law enforcement partners in this case,” said U.S. Attorney Duncan. “The partnerships between federal, state, and local law enforcement are critically important to reducing the presence of these drugs and the overdoses that are engulfing our community.”
Under federal law, Edge must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the United States Probation Office for three years.
United States Attorney Duncan; Darrell Christopher Evans, Special Agent in Charge, DEA; Richard Sanders, Commissioner of the Kentucky State Police; Matt Sparks, Rowan County Sheriff, and Mike Coyle, Madison County Sheriff, jointly made the announcement.
The investigation was conducted by the DEA, KSP, Rowan County Sheriff’s Office, and Madison County Sheriff’s Office, with the assistance of the Appalachian HIDTA. The United States was represented by Assistant United States Attorney Roger W. West.
Delaware man sentenced for cigarette smugglingRead the Press Release
MARTINSBURG, WEST VIRGINIA – A Virginia business owner was sentenced today for unlawful cigarette smuggling, First Assistant United States Attorney Randolph J. Bernard announced today.
Charanjit Singh, also known as Tony Chawla, age 61, of Wilmington, Delaware, was sentenced today to 30 months incarceration, and was ordered to pay a $30,000 fine, and ordered to forfeit $14,270,582.00. Singh pled guilty to one count of “Conspiracy to Traffic in Untaxed Cigarettes” in September 2017. Singh admitted to conspiring to profit from the unlawful sale of contraband cigarettes.
Singh is an owner of American Cigarette Outlet, Inc., in Clearbrook, Virginia, which did business as Virginia Cigarette Outlet, Clearbrook Cigarettes, and Discount Cigarettes of King George. Singh admitted to transporting large quantities of cigarettes across state lines for redistribution and sale. The cigarettes were acquired in Virginia, where the tax rate for cigarettes is one of the lowest in the nation, and sold in other states, including New York, which has one of the nation’s highest tax rates. The cigarettes were possessed and transported in West Virginia.
Assistant U.S. Attorney Michael Stein prosecuted the case on behalf of the government. Homeland Security Investigations, the Alcohol and Tobacco Tax and Trade Bureau, the Internal Revenue Service Criminal Investigations, the Frederick County, Virginia Sheriff’s Office, the West Virginia State Police, and the New York City Sheriff's Office investigated.
Chief U.S. District Judge Gina M. Groh presided.
Columbus Man Pleads Guilty to Selling Crack Cocaine Near Marshall UniversityRead the Press Release
HUNTINGTON, W.Va. – A Columbus man caught selling crack cocaine within 1000 feet of Marshall University in July 2017 pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart. Shawn Bryson, also known as “Shorty,” 27, entered his guilty plea to distributing crack cocaine within 1000 feet of Marshall University. Stuart commended the work of the Huntington Police Department.
“My office works closely with our law enforcement partners in Huntington including the Huntington Police Department, the Marshall University Police and President Gilbert to ensure the safety of Marshall students,” said United States Attorney Mike Stuart. “Drug dealers should take note. Those putting our young people at risk by peddling dangerous drugs near a school, whether it be a primary, secondary or post-secondary school, will be charged accordingly. Marshall University is a terrific University and a critical asset to the state of West Virginia. Maintaining the safety of its campus and its students is a priority.”
On July 6, 2017, an individual told officers he had just purchased crack cocaine from “Shorty” at 1531 Rear Avenue, Apartment A in Huntington. Officers conducted a search warrant and recovered approximately 33 grams of crack cocaine. As part of the plea agreement, Bryson admitted that he intended to sell that crack cocaine as well.
Bryson faces a minimum of one year and up to forty years in federal prison when he is sentenced on November 13, 2018.
Assistant United States Attorney Stephanie S. Taylor is handling the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
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Clarksburg man sentenced for role in a drug distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Colton Justice Kallel, of Clarksburg, West Virginia, was sentenced today to 12 months incarceration for his role in a drug distribution operation, United States Attorney Bill Powell announced.
Kallel, age 22, pled guilty to one count of “Distribution of Fentanyl” and one count of “Aiding and Abetting the Distribution of Fentanyl in Proximity of a Protected Location” in March 2018. Kallel admitted to selling fentanyl on July 11, 2017 in Harrison County. He also admitted to selling fentanyl near Clarksburg City Park, on July 31, 2017 in Harrison County.
Assistant U.S. Attorney Traci M. Cook prosecuted the case on behalf of the government. The case was investigated by the Greater Harrison Drug and Violent Crimes Task Force and the West Virginia State Police Bureau of Criminal Investigation.
Senior U.S. District Judge Irene M. Keeley presided.Cape Girardeau Man Sentenced for Possessing Firearm following Stand-off with PoliceRead the Press Release
The United States Attorney's Office announced that JAMES W. MATHENA, age 51, of Cape Girardeau, Missouri, was sentenced today to 210 months in federal prison following his guilty plea to being a previously convicted felon in possession of a firearm. The sentence was imposed by United States District Judge Stephen N. Limbaugh, Jr. at the federal courthouse in Cape Girardeau, Missouri.
According to court documents, law enforcement officers were dispatched to a residence in Cape Girardeau on December 15, 2017 after Mathena made various threats against his elderly parents. When officers arrived, Mathena barricaded himself inside the residence and refused to come out. After a stand-off lasting nearly three hours, Mathena finally exited the residence and surrendered to authorities. Officers subsequently recovered a shotgun from Mathena’s bedroom in the basement. Mathena was prohibited from possessing firearms under federal law because he is a convicted felon. Mathena’s criminal history included a 1988 felony conviction from the United States District Court for the Western District of Texas for assaulting a federal officer with a dangerous weapon. Mathena also had felony convictions for robbery, assault, distribution of methamphetamine, driving while intoxicated, and unlawful possession of firearms.
This case was investigated by the Cape Girardeau Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Assistant United States Attorney Jack Koester handled the prosecution for the government.
Broward County Resident Sentenced to More than 17 Years in Prison for Being a Felon in Possession of a FirearmRead the Press Release
On July 27, 2018, Christopher Brinson, 32, of Broward County, was sentenced to 210 months in prison by U.S. District Court Judge Kenneth A. Marra, after a trial jury convicted him of being a felon unlawfully in possession of a firearm.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, Ari C. Shapira, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, Robert F. Lasky, Special Agent in Charge, Federal Bureau of Investigation, (FBI), Miami Field Office, and Scott Israel, Sheriff, Broward County Sheriff’s Office (BSO), made the announcement.
According to the court docket, including evidence introduced at trial, on March 20, 2017, a video broadcast via Facebook live showed Brinson in possession of a firearm. A firearms identification expert was able to determine it was a genuine Glock pistol. On April 20, 2017, Brinson was arrested. At the time of his arrest, Brinson had a cellular phone which contained photographs of him in possession of the Glock pistol on March 20, 2017. Brinson had previously been convicted of several felony offenses and was prohibited from possessing a firearm.
This case stems from Project Safe Neighborhoods (PSN), a program that brings 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.
Mr. Greenberg commended the investigatory efforts of the ATF, FBI and BSO in this matter. This case was prosecuted by Assistant United States Attorney Anita G. White.
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.
Bollinger County Man Sentenced on Drug and Gun ChargesRead the Press Release
The United States Attorney's Office announced that Clinton Jay Reynolds, age 27, of Marble Hill Missouri, was sentenced to 92 months of incarceration for Possession of 50 Grams or More of Methamphetamine with Intent to Distribute and Possession of Firearms by a Felon. Reynolds was also ordered to serve a total of 4 years of supervised release and pay a $200 special assessment. Reynolds appeared before United States District Judge Stephen N. Limbaugh, Jr. on July 30, 2018.
Reynolds had previously pleaded guilty to possessing methamphetamine with intent to distribute and possessing firearms after being convicted of several felony offenses. Reynolds was arrested after the Bollinger County Sheriff’s Department executed a search warrant at his residence near Marble Hill in rural Bollinger County and seized 62 grams of methamphetamine and eight firearms. Reynolds has prior felony convictions for Possession of a Controlled Substance, Burglary Second Degree, Receiving Stolen Property, Felony Theft and felony Resisting Arrest by Fleeing.
This case was investigated by the Bollinger County Sheriff’s Department, the Southeast Missouri Drug Task Force, the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Special Assistant United States Attorney Timothy J. Willis handled the prosecution for the Government.
Berkeley County man sentenced to nearly six years for cocaine chargeRead the Press Release
MARTISNBURG, WEST VIRGINIA – Michael Jacque Severe, of Martinsburg, West Virginia, was sentenced today to 71 months incarceration for distributing cocaine, United States Attorney Bill Powell announced.
Severe, age 34, pled guilty to one count of “Conspiracy to Distribute Cocaine Base” in February 2018. Severe conspired with others to distribute crack cocaine in Berkeley County from April 2015 to February 2017.
Assistant U.S. Attorney Lara K. Omps-Botteicher prosecuted the case on behalf of the government. The Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M. Groh presided.Berkeley County man sentenced to 15 years for fentanyl distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Bradley Markley, of Hedgesville, West Virginia, was sentenced today to 180 months incarceration for distributing fentanyl, United States Attorney Bill Powell announced.
“Fentanyl kills. A lethal dose is only two milligrams—about the mass of two grains of salt. Unfortunately, the entrance of fentanyl into the opioid crisis has only exasperated the dangers to our community. The dangers extend to law enforcement who risk their own lives by mere exposure to fentanyl. Our prosecutors have made fentanyl cases a priority, and we will be adding additional resources to combat the increased workload. The dangers to our community are real and our efforts will be unrelenting,” said Powell.
Markley, age 32, pled guilty to one count of “Distribution of Fentanyl and Acetyl Fentanyl” in March 2018. Markley admitted to distributing the drugs in October 2016 in Berkeley County.
Assistant U.S. Attorneys Anna Z. Krasinski and Lara K. Omps-Botteicher prosecuted the case on behalf of the government. The Eastern Panhandle Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M. Groh presided.
Berkeley County man sentenced for sex offender registry violationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Gregory Keith Parr, of Martinsburg, West Virginia, was sentenced today to nine months incarceration for a sex offender registration violation, United States Attorney Bill Powell announced.
Parr, age 61, pled guilty to one count of “Failure to Register” in April 2018. Parr, who had previously been convicted of a sex offense in Michigan, admitted to traveling across state lines without updating his sex offender registration, as required by law, in December 2017 in Berkeley County.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The United States Marshals Service investigated.
Chief U.S. District Judge Gina M. Groh presided.
Berkeley County man sentenced for firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Joshua Neal Krieger, of Hedgesville, West Virginia, was sentenced today to 50 months incarceration for a firearms charge, United States Attorney Bill Powell announced.
Krieger, age 30, pled guilty to one count of “Unlawful Transfer of a Firearm” in March 2018. He admitted to selling a machine gun conversion part designed to convert a weapon into a machine gun for $2900 in May 2017 in Berkeley County.
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.
Assistant U.S. Attorney Paul T. Camilletti prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the West Virginia State Police investigated.
Chief U.S. District Judge Gina M. Groh presided.
Bennington Man Convicted of Armed RobberyRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that John Chinnici, 33, of Bennington, Vermont, was convicted on July 27, 2018, in United States District Court in Burlington, Vermont, following a jury trial. U.S. District Judge Christina Reiss ordered Chinnici to remain in custody after the jury returned its verdict.
According to court records and proceedings, on January 11, 2016, at approximately 12:30 am, two masked men, one of whom carried a handgun, approached two employees of the Martin’s Mobil Mini-Mart in Bennington, Vermont as the employees walked to deposit the store’s night receipts at the drop box of a nearby bank. After demanding the employees hand over the bag containing the money, the robbers ordered the men to lie on the ground. The robbers then ran away. The employees returned to the store and called 911.
Through investigation, the Bennington Police Department determined that Austin Mayhew, 29, of Bennington, was one of the robbers. Mayhew identified Chinnici as the man who committed the robbery with him and as the person who carried the handgun. When interviewed by law enforcement, Chinnici claimed that he was not in Bennington on the night of the robbery; he claimed that he spent the night in East Dover at the home of friends.
Mayhew eventually pleaded guilty in Vermont state court to committing the robbery. He testified at Chinnici’s trial pursuant to a court-ordered grant of immunity. In addition to Mayhew’s testimony, the government presented evidence which rebutted Chinnici’s false alibi. The government also presented evidence from Chinnici’s cell phone, including evidence that his cell phone was in Bennington at the time of the robbery, not in East Dover, texts he exchanged with a former-girlfriend which detailed that he came into money during the night of the robbery, and photos of receipts showing that he sent the former girlfriend nearly $1,000 in the days following the robbery.
United States Attorney Christina E. Nolan commended the efforts of the ATF and the Bennington Police Department in the investigation and prosecution of Chinnici. The prosecution of Chinnici was handled by Assistant U.S. Attorneys Barbara A. Masterson and Joseph R. Perella. Chinnici was represented by Ernest (Bud) Allen.
Chinnici faces a sentence of up to 20 years incarceration, followed by a period of supervised release, restitution, a possible fine, and a mandatory special assessment. Chinnici’s sentence will be determined by the sentencing judge after consultation with the United States Sentencing Guidelines and the factors set forth in 18 U.S.C. § 3553(a).
Bapchule Man Sentenced to 97 Months in Prison for Receiving One Image of Child PornographyRead the Press Release
PHOENIX – Today, Angel Xavier Catha, 21, was sentenced by U.S. District Judge G. Murray Snow to 97 months in prison followed by 20 years of supervised release. Catha had previously pleaded guilty to receipt of child pornography and will be required to register as a sex offender.
Catha admitted to pursuing a sexual relationship with the 13-year-old victim while living on the Gila River Indian Community. Both the victim and Catha are enrolled members of the Gila River Indian Community. Over that period, Catha repeatedly requested that the victim provide him with child pornography. Catha ultimately received one image of child pornography, which was sent via Facebook. Judge Snow increased Catha’s sentence to account for his subsequent sexual abuse of the victim.
The investigation in this case was conducted by the Gila River Police Department. The prosecution was handled by Christine Ducat Keller, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-18-501-PHX-GMS
RELEASE NUMBER: 2018-093_Catha
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
3M Company Agrees to Pay $9.1 Million to Resolve Allegations that It Supplied the United States with Defective Dual-Ended Combat Arms EarplugsRead the Press Release
COLUMBIA, South Carolina ---- United States Attorney for the District of South Carolina Sherri Lydon, in conjunction with the Civil Division of the United States Department of Justice (DOJ), announced today that the 3M Company (3M), headquartered in St. Paul, Minnesota, has agreed to pay $9.1 million to resolve allegations that it knowingly sold dual-ended combat arms earplugs to the United States military without disclosing defects that hampered the effectiveness of the hearing protection devices.
The settlement announced today resolves allegations that 3M violated the False Claims Act by selling or causing to be sold defective earplugs to the Defense Logistics Agency. Specifically, the United States alleged that 3M, and its predecessor, Aearo Technologies, Inc., knew that its Combat Arms Earplugs, Version 2, were too short for proper insertion into users’ ears and that the earplugs could loosen imperceptibly and therefore did not perform well for certain individuals. The United States further alleged that 3M did not disclose this design defect to the military.
“Today’s settlement demonstrates our continuing vigilance to protect the men and women serving in the United States military from defective or fraudulent products,” said Acting Assistant Attorney General Chad A. Readler of the Department’s Civil Division. “Government contractors who seek to profit at the expense of our military will face appropriate consequences.”
“Through rigorous enforcement of the False Claims Act, we protect taxpayer dollars from waste, fraud, and abuse,” said U. S. Attorney Sherri Lydon. “And in this case in particular, we are proud to defend the integrity of our military programs and ensure that our men and women in uniform are adequately protected as they serve our country.”
“Today’s settlement will ensure that those who do business with the government know that their actions will not go unnoticed,” said Frank Robey, director of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit. “Properly-made safety equipment, for use by our Soldiers, is vital to our military’s readiness. Our agents will respond robustly to protect the safety of our military.”
“This settlement demonstrates the commitment of the Defense Criminal Investigative Service and our law enforcement partners to hold companies accountable for supplying substandard products, in particular products that could directly impact our service members’ health and welfare. DCIS protects the integrity of Defense Department programs by rooting out fraud, waste, and abuse that negatively affect the wellbeing of our troops,” said Special Agent in Charge Robert E. Craig, Jr., DCIS Mid-Atlantic Field Office.
The allegations resolved by the settlement were brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act. The act permits private parties to sue on behalf of the government when they believe that defendants submitted false claims for government funds and to share in any recovery. As part of today’s resolution, the whistleblower will receive $1,911,000.
The settlement was the result of a coordinated effort by the Civil Division of the Department of Justice and the United States Attorney’s Office for the District of South Carolina, with support from the Department of Defense. The settlement was handled by Assistant United States Attorneys Stan Ragsdale and Brook Andrews and DOJ Trial Attorney Brandie Weddle. The case was investigated by Special Agent Jennifer Coleman of the U.S. Army Criminal Investigation Command and Special Agent Gil Rosen of the Defense Criminal Investigative Service.
The case is captioned United States ex rel. Moldex-Metric v. 3M Company, Case No. 3:16-cv-1533-MBS (D.S.C.). The claims resolved by the settlement are allegations only, and there has been no determination of liability.
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27 July 2018
Wilmington Man Receives 210 Month Prison Sentence for Possessing Child PornographyRead the Press Release
WILMINGTON, Del. – A Wilmington, Delaware man was sentenced to 210 months in prison on Wednesday, July 25, 2018, for possessing child pornography he produced himself, announced U.S. Attorney David C. Weiss of the District of Delaware.
Miguel Pagan, 37, pleaded guilty to one count of possessing child pornography on April 25, 2018. U.S. District Judge Gregory M. Sleet of the District of Delaware sentenced Pagan to serve 210 months in prison followed by 10 years of supervised release. According to admissions made as part of his guilty plea, law enforcement found Pagan in possession of child pornography that he produced in his own bedroom using two prepubescent children.
U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Delaware State Police investigated this case. Assistant U.S. Attorney Graham L. Robinson of the District of Delaware prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, 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.justice.gov/psc
Williamson County Man Charged with Bank RobberyRead the Press Release
Steven D. Weinhoeft, United States Attorney for the Southern District of Illinois, announced that today, Arthur W. Bays, 82, of Marion, Illinois, was charged by the United States Attorney in a criminal complaint in United States District Court with one count of bank robbery.
Count 1 of the Complaint charges that on July 26, 2018, in Franklin County, Bays did by force and violence, and by intimidation, take money from the person of another which was in the possession and the care, custody, and control of State Bank of Whittington, located in Benton, Illinois, a financial institution which at the time was insured by the Federal Deposit Insurance Corporation, all in violation of federal law.
Bays had an initial appearance in United States District Court in Benton, Illinois, on July 27, 2018. The Magistrate Judge released Bays on bond pending further proceedings in this matter.
A Criminal Complaint is a charge filed against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proven guilty beyond a reasonable doubt.
If convicted of Count 1, Bays faces up to 20 years of imprisonment and up to a $250,000 fine.
The investigation in this case was conducted by the Federal Bureau of Investigation,
Benton Police Department, West City Police Department, West Frankfort Police Department, Franklin County Sheriff’s Office, and the Marion Police Department.
Two Trials, Two Convictions for Louisville Heroin Trafficking and Gun OffensesRead the Press Release
LOUISVILLE, Ky. – In two separate federal trials this week, the United States won convictions for heroin trafficking and firearms offenses, announced U.S. Attorney Russell Coleman.
“The Department of Justice will continue to aggressively pursue gun cases and drug trafficking in federal court as a means of reducing violent crime in this community” said United States Attorney Russell Coleman “Our Commonwealth is blessed with able law enforcement partners who share this vision.”
Jamar Garrison of Louisville, Kentucky was convicted yesterday in United States District Court on charges of possession of heroin with the intent to distribute, possession of a firearm in furtherance of a drug trafficking crime, and possession of a handgun by a convicted felon. Mr. Garrison had been released on bond for state drug trafficking charges for the last two years when he was arrested after being found in possession of a loaded semiautomatic handgun, a mixture of heroin and fentanyl packaged for sale, several thousand dollars cash, and assorted other narcotics. The follow up investigation revealed that while released on bond on multiple pending felony drug indictments in Jefferson Circuit Court, Garrison had been using vehicles rented in the names of third parties in order to transport and traffic in heroin all over Louisville.
Garrison is a multiple convicted felon with prior convictions for drug trafficking, robbery, felony assault, wanton endangerment, wanton endangerment of a police officer, felony fleeing and evading, and assorted other felony and misdemeanor crimes. He was arrested five times in 2017 while on felony bond for drug trafficking.
Garrison will be sentenced November 1, 2018, and faces a mandatory minimum sentence of 5 years in prison and could receive up to life imprisonment. He could also be fined $2,000,000, and be required to serve no less than 6 years of supervised release. There is no parole in the federal system. Garrison has been detained by U.S. District Court Judge Rebecca Grady Jennings since his May 23, 2018, indictment on federal charges.
This case was prosecuted by Assistant United States Attorneys Erin McKenzie and Marisa J. Ford, and paralegal Brandi Henderson, and was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Louisville Metro Police Department, with assistance from the Louisville Metro Intelligence Task Force (LMINTEL).
On July 25, 2017, a jury sitting in United States District Court for the Western District of Kentucky returned a verdict of guilty against Chavon Davis, of Louisville, for knowingly making false statements to federally-licensed firearms dealers in the course of purchasing five firearms. According to the Superseding Indictment, Davis knowingly made material false statements to two separate federally licensed firearms dealers in order to acquire five semiautomatic pistols. The evidence at trial established that Davis bought the firearms so he could them to sell to a convicted felon. Specifically, the Superseding Indictment charged that Davis purchased a .45 caliber semiautomatic pistol from a firearms dealer in Hardin County, Kentucky on May 16, 2016. Later, on May 24, 2016, Davis purchased two .40 caliber semiautomatic pistols and two 9 millimeter semiautomatic pistols from a firearms dealer in Jefferson County, Kentucky. On both occasions, Davis completed the standard ATF Form 4473 which is required anytime a licensed dealer sells a firearm to a purchaser. ATF Form 4473 contains a number of questions that the purchaser of the firearm is required to answer truthfully before the dealer can lawfully transfer the firearm. One of the questions was whether Davis was the actual purchaser of the firearms. On each of the forms, Davis stated that he was the actual purchaser of the firearm. The evidence at trial, however, was that the defendant was “straw-purchasing” the firearms which he sold to a convicted felon and for profit. The evidence at trial established that during the time period from February to May, 2016, Davis purchased a total of 15 semiautomatic pistols, but only possessed two of the pistols when ATF agents interviewed him in May, 2016.
This case was prosecuted by Assistant United States Attorneys Tom Dyke and Corinne Keel, and paralegal Jane Bauer, and was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Greater Hardin County Narcotics Task Force.
The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to specifically identify the criminals responsible for significant violent crime in the Western District of Kentucky. A centerpiece of this effort is Project Safe Neighborhoods, a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone.
Two Members of Fraud and ID Theft Ring SentencedRead the Press Release
ALEXANDRIA, Va. – Two members of an identity-theft-and-fraud conspiracy were sentenced today for fraudulently entering into apartment leases and opening bank accounts using the personal information of their victims.
According to court documents, Andraliesha Jefferson, 28, of Reno, Nevada, and Robert McCrickard, 56, of Baltimore, Maryland, used counterfeit drivers’ licenses bearing their photographs and the names and identifying information of their victims to enter into apartment leases in Northern Virginia and the Washington, D.C.-metropolitan area. They then used the “new addresses” associated with the leases to receive debit and credit cards from bank accounts they had fraudulently opened, also using victims’ personal information. Acting under the direction of their ringleader, Michael Oginni, of Rockville, Maryland, the conspirators racked up hundreds of thousands of dollars in fraudulent charges for luxury goods and gift cards. They also placed high-interest credit-to-debit transfers in the fraudulently acquired bank accounts, which enabled them to withdraw cash. The conspiracy generated $850,000 of fraudulent transactions in just under two years. The criminal scheme victimized over 50 individuals.
Jefferson was sentenced to three years of probation, a sentence which credited her for time she served in a Virginia detention center. McCrickard was sentenced to 31 months of in prison. Another conspirator, Lacola Nickens, was sentenced last week to a one year in prison. Ringleader Michael Oginni will be sentenced in September.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Eric Shen, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service, made the announcement after sentencing by U.S. District Judge Liam O’Grady. Assistant U.S. Attorneys Laura Fong, Alexander P. Berrang, and Maya D. Song prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:17-cr-92 (Jefferson), and 1:17-cr-51 (McCrickard).
Texas man sentenced to 225 months imprisonment for conspiracy to distribute cocaine while on federal supervised releaseRead the Press Release
Memphis, TN – A Texas man has been sentenced to 225 months imprisonment for conspiracy to possess with intent to distribute cocaine while on federal supervised release. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.
According to information presented in court, in 2016, investigators with the Drug Enforcement Administration investigated a drug trafficking organization distributing multiple kilograms of cocaine in the Western District of Tennessee. Rafael Garza a/k/a "Poppy", 46, was identified as the source of supply for this organization. Utilizing tractor trailers, this organization would ship kilograms of cocaine from Brownsville, Texas to Memphis. Based upon a conservative estimate, this organization was responsible for the distribution of at least 50 kilograms but less than 150 kilograms of cocaine in the Memphis area.
U.S. Attorney D. Michael Dunavant said: "Disruption and dismantlement of drug trafficking organizations is a crucial mission of this office, in order to stop the supply of deadly narcotics into West Tennessee. This sentence demonstrates our commitment to impose significant consequences on such recidivist drug dealers."
Garza pleaded guilty to this offense on April 12, 2018. On July 26, 2018, U.S. Senior District Judge Samuel H. Mays sentenced Garza to 225 months imprisonment, which included a sentence for violation of federal supervised release out of Brownsville for possession with intent to distribute marijuana.
This case was investigated by the Drug Enforcement Administration.
Assistant U.S. Attorneys Jerry Kitchen and Michelle Kimbril-Parks prosecuted this case on the government’s behalf.
Superseding Indictment Charges Former Biscayne Park Police Chief and Former Officers with Conspiring to Violate Three Victims’ Civil Rights by Intentionally Making False ArrestsRead the Press Release
U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida, Katherine Fernandez Rundle, Miami-Dade State Attorney, Robert F. Lasky, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Troy Walker, Special Agent in Charge, Florida Department of Law Enforcement (FDLE), today announced the return of a superseding indictment against former Biscayne Park Police Chief Raimundo Atesiano and former Officers Charlie Dayoub and Raul Fernandez for their roles in conspiring to falsely arrest individuals identified as “C.D.,” “E.B.,” and “T.D.,” a 16-year old juvenile.
Atesiano, Dayoub, and Fernandez were charged with conspiracy to violate civil rights under color of law, in violation of Title 18, United States Code, Section 241(Count 1); and deprivation of T.D.’s civil rights, under color of law, in violation of Title 18, United States Code, Section 242 (Count 2). Atesiano was also charged with deprivation of E.B.’s civil rights, under color of law, in violation of Title 18, United States Code, Section 242 (Count 3). If convicted, Dayoub and Fernandez each face a maximum statutory sentence of 11 years in prison while Atesiano faces a maximum of 12 years. Guillermo Ravelo, another former Biscayne Park Officer, is named in the indictment but not as a defendant. Yesterday, Ravelo pleaded guilty to the same conspiracy charge in violation of Title 18, United States Code, Section 241, as well as a separate, unrelated Civil Rights violation.
The indictment alleges that Atesiano, as the Biscyane Park Police Chief, caused and encouraged officers to knowingly arrest individuals without a legitimate basis in order to maintain a fictitious 100 percent clearance rate of reported burglaries. Atesiano directed Ravelo to arrest C.D. on January 23, 2013 and E.B. on February 26, 2014, in order to falsely charge both with unsolved burglaries despite knowing there was no evidence and no lawful basis to support such charges. The indictment further alleges that Atesiano directed Dayoub and Fernandez to arrest T.D. on June 13, 2013, in order to falsely charge him with unsolved burglaries despite knowing there was no evidence and no lawful basis to support such charges. Following Atesiano’s instruction, Ravelo, Dayoub, and Fernandez completed multiple arrest affidavits that included false narratives about evidence purporting to support the charges. On July 9, 2013, at a meeting of the City Council for The Village of Biscayne Park, Atesiano announced that his department had a 100 percent clearance rate for burglaries.
An indictment merely contains allegations and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Mr. Greenberg commends the investigative efforts of the FBI, the FBI Miami Area Corruption Task Force and FDLE in this matter. Mr. Greenberg thanked the Miami-Dade State Attorney’s Office for its assistance. The case is being prosecuted by Assistant U.S. Attorney Harry Wallace, Trial Attorney D.W. Tunnage of the Civil Rights Division of the Department of Justice, and Assistant State Attorney Trent Reichling.
Related court documents and information can 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.
Sulphur man sentenced to 5 years and 5 months in prison for storing child pornography onlineRead the Press Release
LAKE CHARLES, La. – United States Attorney David C. Joseph announced that a Sulphur man was sentenced Thursday to 65 months in prison for storing child pornography online.
Cameron Deshown Fairley, 28, of Sulphur, Louisiana, was sentenced by U.S. District Judge Dee D. Drell on one count of possession of child pornography. He was also sentenced to 10 years of supervised release and is required to register as a sex offender. According to the April 25, 2018 guilty plea, Fairley maintained an online data storage account from September 2016 to February 2017 where he possessed images and videos of child pornography. He used the account to access and view child pornography. Some of the images depicted children under the age of 12.
This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood combines federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The U.S. Department of Homeland Security and U.S. Immigration & Customs Enforcement (ICE) also encourage the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) 347-2423. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online by visiting their website at www.ice.gov/exec/forms/hsi-tips/tips.asp or through the Operation Predator smartphone application www.ice.gov/predator/smartphone-app. Tips may be submitted anonymously.
The U.S. Department of Homeland Security conducted the investigation. Assistant U.S. Attorney Dominic Rossetti prosecuted the case.