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Thursday 14 June 2018
Eighth Circuit Court of Appeals Affirms Gun Smugglers’ SentencesRead the Press Release
The United States Court of Appeals for the Eighth Circuit this week affirmed the sentences of Ali Afif Al Herz, Bassem Afif Herz, and Sarah Majid Zeaiter.
The three defendants were sentenced in 2016 by United States District Court Judge Linda R. Reade to terms of imprisonment following their pleas of guilty to charges relating to their involvement in a scheme to unlawfully export more than 250 firearms to Lebanon between 2014 and 2015.
Ali Afif Al Herz was sentenced to serve 342 months’ imprisonment, to be followed by a three-year term of supervised release. He was also ordered to pay a fine of $150,000. Bassem Afif Herz was sentenced to serve 97 months’ imprisonment, to be followed by a three-year term of supervised release. Bassem’s wife, Sarah Majid Zeaiter was sentenced to serve 87 months’ imprisonment, to be followed by a three-year term of supervised release.
In the decision issued on June 11, 2018, the Court of Appeals affirmed the district court’s sentencing findings and determined the sentences were reasonable. Notably, the Court of Appeals found Ali and Bassem each played a leadership role in the scheme and that, although Zeaiter played a lesser role, the district court did not err by not reducing her sentence on that ground because she “was aware of the scope and structure of the offense conduct and actively participated in the well-planned coordinated scheme.” The Court of Appeals found Zeaiter was not a minor or minimal participant.
The Court of Appeals also agreed that Ali and Bassem were each responsible for the illegal shipment of a large number of firearms to Lebanon. In addition, the Court of Appeals found that the district court properly ruled that Ali falsely denied some of the offense conduct and that Bassem gave false testimony under oath at their respective sentencing hearings. The Court of Appeals found the district court properly considered these and other factors in determining the appropriate sentences for Ali and Bassem.
Two other defendants who were convicted and sentenced in connection with the scheme did not appeal their sentences. Adam Al Herz, the son of Ali Afif Al Herz, was sentenced on October 13, 2016, to serve 240 months’ imprisonment, to be followed by a three-year term of supervised release. Fadi Yassine, a Lebanese citizen, was sentenced in August 2017, to serve 57 months’ imprisonment, to be followed by a three-year term of supervised release.
The investigation that led to the convictions was triggered in early 2015 by a report from a firearms dealer concerning suspicious firearms transactions conducted by the group.
The initial investigation led to the March 2015 seizure of 53 guns and thousands of rounds of ammunition concealed inside Bobcat skid loaders packed inside a shipping container at the Norfolk, Virginia seaport. The container was destined for Lebanon. Subsequent investigation led to the May 2015 seizure of a second shipping container in Cedar Rapids, which was also destined for Lebanon. Ninety-nine guns and thousands more rounds of ammunition were found concealed inside Bobcat skid loaders packed inside the second container. It was also determined that the group had previously sent two similar shipments to Lebanon in March and August 2014. Each of the four containers had been loaded and shipped from Midamar Corporation in Cedar Rapids.
Evidence presented at the sentencing hearings showed the containers were destined for an area in southern Lebanon controlled by Hezbollah, a group designated by the United States as a terrorist organization. Among the guns shipped were more than 30 military style assault rifles. Other evidence presented in the case showed the guns could be sold in Hezbollah controlled southern Lebanon, where Ali Afif Al Herz maintained a residence, for as much as ten times their value in the United States. Photos of some of the weapons and ammunition seized during the investigation are attached below.
The cases were prosecuted by Assistant United States Attorney Richard L. Murphy and were investigated by Homeland Security Investigations, Bureau of Alcohol Tobacco and Firearms, Federal Bureau of Investigations, and U.S. Customs and Border Protection, with assistance from numerous other state and local law enforcement agencies.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-00054-LRR.
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Eighteen Charged in Federal RICO Indictments, Charged with Gang-related Murder, Attempted Murder, Drug Distribution, Witness IntimidationRead the Press Release
Danville, VIRGINIA – Federal, state and local authorities announced this afternoon the largest and most significant federal prosecution of organized gang activity in the Western District of Virginia in at least a decade. The indictment charges 18 suspected gang members and associates in Danville, Virginia with crimes ranging from murder to drug distribution to obstruction of justice. United States Attorney Thomas T. Cullen, Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Division, Danville Police Chief Scott C. Booth, Michael J. Newman, Commonwealth’s Attorney for the City of Danville and Pittsylvania County Sheriff Michael W. Taylor made the announcement.
“Today’s indictments are the beginning of a sustained assault on the gang-related violence that has plagued the City of Danville for far too long,” U.S. Attorney Cullen stated. “We are grateful for the FBI’s leadership in this critical violent-crime initiative, and appreciate the tireless support of the Danville Police Department, the Danville Commonwealth’s Attorney, and the Pittsylvania County Sheriff’s Office. We are fully committed to identifying the drivers of violent crime in Danville and sending them to federal prison.”
“The Commonwealth of Virginia is hostile territory for gangs and criminal enterprises. I want to make this clear; we are not going away. We are not finished. Agencies across the spectrum of law enforcement - at the federal, state, and local levels - are united to keep our communities from being held hostage by the drugs, the violence, and the destruction of young, promising lives which gangs bring into them,” said Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Division. “U.S. Attorney Cullen and the great men and women on his team in the Western District won't stand for it, our outstanding enforcement partners won't stand for it, and my team at the FBI won't stand for it.”
On June 11, 2018, a federal grand jury seated in U.S. District Court in Charlottesville returned two separate indictments under seal. Both indictments were unsealed today following the arrests of the 18 defendants.
The first indictment charges eight members of the MILLAs, a set of the Bloods street gang that has operated in Danville since at least sometime around 2015. The indictment charges MILLA members with federal racketeering conspiracy, violent crimes in aid of racketeering that includes murder and attempted murder and numerous counts of using firearms during the commission of violent crimes.
The second indictment charges seven members of the Rollin 60s, a set of the Crips street gang that has operated in Danville since at least around 2015. The indictment charges Rollin 60s’ members with federal racketeering conspiracy, violent crimes in aid of racketeering that includes murder and attempted murder and numerous counts of using firearms during the commission of violent crimes.
In addition, the second indictment charges three female associates of the Rollins 60s gang with being accessories after the fact, obstruction of justice, and perjury.
The investigation of the case was conducted by the Federal Bureau of Investigation, the Danville Police Department, the Pittsylvania County Sheriff’s Office and the Commonwealth’s Attorney for the City of Danville. Assistant United States Attorneys Heather L. Carlton and Ronald M. Huber will prosecute the case for the United States.
A Grand Jury Indictment is only a charge and not evidence of guilt. The defendants are entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a federal program designed to bring 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 each community’s most violent criminals. Attorney General Sessions directed all U.S. Attorney’s Offices to work in partnership with federal, state, and local law enforcement, as well as the local civilian community, to develop effective, targeted strategies to reduce violent crime. This case is a product of that collaborative effort.
Eight people indicted in federal court for trafficking cocaine and crack cocaine in LimaRead the Press Release
Eight people were indicted in federal court their roles in a conspiracy selling cocaine and crack cocaine in and around Lima, law enforcement officials said.
Those named in the 11-count federal indictment are: Don Burns, 44; Joseph Downton, 39; Earl Hall, 37; DeJuan James, 31; Michael Jones, 40; DeJuan Keys, 29; Larry Nathan, 53, and Chivas Shurelds, 29. All eight live in Lima and all are charged with conspiracy to possess with intent to distribute cocaine and crack cocaine.
Several additional people were indicted in the Allen County Court of Common Pleas as part of the case.
Burns, Downton, Hall, James, Jones, Keys, Nathan and Shurelds conspired together between November 2016 and the present to distribute large amounts of cocaine and crack cocaine. Downton and Hall are responsible for distributing at least five kilograms of cocaine, according to the 11-count indictment filed in U.S. District Court.
Burns, Downton, Hall, James, Keys, Nathan and Shurelds purchased cocaine from Demos Watkins. Watkins pleaded guilty to drug charges in federal court earlier this year and is awaiting sentencing.
Nathan converted the cocaine he bought from Watkins into crack cocaine which he sold to others himself or through intermediaries, including Jones, according to the federal indictment.
Watkins used a house on North McDonel Street to stash the drugs he sold to the defendants, according to the indictment.
“This is a network that sold large amounts of cocaine and crack cocaine in Lima,” said U.S. Attorney Justin E. Herdman. “These indictments are a great example of law enforcement working together to make our community safer.”
FBI Special Agent in Charge Stephen D. Anthony said: "These arrests demonstrate the collaborative efforts law enforcement engage in on a daily basis. In this case the sharing of information from a traffic stop where illegal narcotics were discovered led to a 19-month joint law enforcement investigation resulting in numerous arrests. The FBI will continue to devote all available resources to work collectively with our law enforcement partners to make sure those bringing poison to our streets are held accountable.”
Allen County Sheriff Matt Treglia said: “The West Central Ohio Crime Task Force greatly appreciates the support it has received from state and federal investigators while conducting this multi-agency, multi-jurisdiction investigation. This long-term thorough investigation, which culminated in a well-executed criminal roundup this morning, is a great example of how interagency cooperation can significantly disrupt the drug trade in any community in this state. We look forward to continuing a strong partnership with the F.B.I. and Ohio B.C.I. until the day we have completely eliminated the drug epidemic in our community.”
Lima Police Chief Kevin J. Martin said: On behalf of the Lima Police Department, I would like to express our extreme gratitude for the Allen County Sheriff’s Office, the FBI and the many other Criminal Justice Organizations that have worked together to help send a loud and clear message that illegal drug dealing will not be allowed in the Lima community.
“As part of the West Central Ohio Crimes Task Force, the Ohio National Guard is extremely honored to partner in support of Allen County residents and the statewide fight against illicit drugs,” said Lt. Col. Michael Flaherty, Ohio National Guard Counterdrug Task Force director. “Staff Sgt. Vanessa Gazarek, an Ohio National Guard CDTF criminal analyst, provided invaluable intelligence support to assist local and federal law enforcement during this investigation.”
This case was investigated by the FBI, Allen County Sheriff’s Office, Lima Police Department, Van Wert County Sheriff’s Office, Ohio State Highway Patrol, Ohio National Guard Counter Drug Task Force and Delphos Police Department.
The federal case is being prosecuted by Assistant U.S. Attorney Alissa M. Sterling and Thomas P. Weldon.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Dominican National Charged with Illegal Reentry After DeportationRead the Press Release
BOSTON - A Dominican national was charged today in federal court in Boston with illegally reentering the United States after being deported.
Carlos Manuel Lara-Matos, 30, was indicted on one count of illegal reentry of a deported alien.
According to court documents, on May 4, 2018, law enforcement officers in Middleton encountered Lara-Matos and determined him to be unlawfully present in the United States. Lara-Matos was previously deported on Aug. 1, 2017.
Lara-Matos faces a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000, and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Rebecca J. Adducci, Interim Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dominican National Charged with Illegal Reentry After DeportationRead the Press Release
BOSTON - A Dominican national was charged today in federal court in Boston with illegally reentering the United States after being deported.
Pablo Geraldo Baez-Soto, 33, was indicted on one count of illegal reentry of a deported alien.
According to court documents, law enforcement encountered Baez-Soto in August 2016 and determined him to be illegally present in the United States. Baez-Soto was previously deported on Aug. 11, 2010.
Baez-Soto faces a sentence of no greater than two years in prison, one year of supervised release, a fine of $250,000, and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Rebecca J. Adducci, Interim Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Doctors Found Guilty for Role in Valdosta and Columbus Pill MillsRead the Press Release
VALDOSTA: Charles E. Peeler, United States Attorney for the Middle District of Georgia, announces that Dr. William Bacon, age 82 and Dr. Donatus O. Mbanefo, age 64, were found guilty by a jury of conspiracy to dispense controlled substances outside the usual course of medical practice and without a legitimate medical purpose at clinics in Valdosta, Georgia and Columbus, Georgia. Dr. Mbanefo was also convicted of two additional counts of unlawful dispensation of controlled substances. The trial was held before Senior District Judge Hugh Lawson between May 29 and June 13, 2018 in Valdosta.
Evidence presented during the trial of the case showed that in June 2011, co-conspirators Carol Neema Biggs, a/k/a Carol Johnson; Nilija Biggs and Junior Alexander Biggs formed the Wellness Center of Valdosta (WCV), located at 2016 E. Adair Street, to operate as a pain clinic. Dr. Bacon began working there in September 2011 and saw patients until the clinic closed.
The evidence showed that the clinic saw unrealistically large numbers of patients daily, accepted no forms of insurance or government benefits but took cash payments only of between $250 to $325 to see a patient, offered a “VIP” line which allowed patients to be seen sooner by paying additional cash. The doctors at the clinic saw an abnormally large number of patients from out of state, including some from as far away as Kentucky, Ohio, and West Virginia, who often traveled in groups to the clinic. The evidence showed that the clinic offered no diagnostic testing, required only a paper MRI report, and that Dr. Bacon performed only cursory medical examinations. No alternative treatments outside prescribing large quantities of a “cocktail” of pain medications and other controlled substances were offered to patients. The “cocktail” generally included such highly addictive controlled substances as Oxycodone and Xanax, but also included Hydromorphone, Hydrocodone, Soma, Valium and Ambien. A number of pharmacies and regulatory agencies called the clinic with concerns about the types and amounts of controlled substances prescribed.
During the approximately 27 months during which Dr. Bacon worked at the Wellness Center of Valdosta, he wrote more than 29,000 prescriptions for controlled substances. Those included prescriptions for more than 1.8 million Oxycodone pills and more than 700,000 Xanax and Soma pills.
In June 2012, in furtherance of the conspiracy, Carol and Junior Biggs opened another pain clinic in Columbus known as the Relief Institute of Columbus. The Relief Institute of Columbus employed a number of doctors but evidence at the trial showed that clinic operated in the same fashion as the Wellness Center of Columbus to unlawfully dispense controlled substances. At some point in mid-2013, the name of the clinic was changed to Tri-City Spinal Center, briefly, and it relocated to 7661 Kayne Blvd in order to avoid suspicion related to the clinic’s practices, but the purpose and operation did not change. The Columbus clinic closed briefly after execution of a federal search warrant on December 12, 2013, but reopened from late December 2013 through February 4, 2014, when a state search warrant was executed at the clinic.
Dr. Mbanefo saw patients at the Relief Institute between mid-March 2013 and mid-June 2013. During that three month period of time, Dr. Mbanefo wrote more than 2,900 prescriptions for controlled substances. Those included prescriptions for more than 127,000 Oxycodone pills and more than 43,000 Xanax and Soma pills. Evidence at the trial also showed that on April 8, 2013, Dr. Mbanefo prescribed large quantities of Oxycodone and Xanax to an undercover agent, who had no legitimate medical issues, with only a cursory medical examination and without discussing the dangers or addictive nature of those drugs. On June 5, 2013, Dr. Mbanefo prescribed the same undercover agent Oxycodone, Hydromorphone and Xanax, without a legitimate medical purpose.
The doctors at both clinics were paid $1200 to $1400 per day to see patients at the clinics, with a bonus when a doctor saw more than 40 in a single day. During the operation of the two clinics, patients made cash payments of more than $2 million to see the doctors for prescriptions.
Dr. Bacon faces up to twenty (20) years in federal prison and Dr. Mbanefo faces up to twenty (20) years in federal prison on each of the three counts, based on the convictions.
Others who worked at the clinics have previously pled guilty to various offenses and await sentencing. Dr. Vinod Shah, who had seen patients at the Relief Institute of Columbus in 2012-2013 and issued presciptions for more than 398,000 Oxycodone pills and more than 100,000 Xanax and Soma pills, has previously entered a guilty plea to involvement in the pill mill conspiracy. Co-conspirators Carol Neema Biggs a/k/a Carol Johnson, Junior Alexander Biggs, Shavonta Devon Bright a/k/a Sean, Nilaja C. Biggs, and Ionie Whorms have also previously entered pleas of guilty for their involvement in or knowledge and concealment of the conspiracy.
On their guilty pleas to conspiracy, Carol Biggs, Junior Biggs and Dr. Vinod Shah each face up to ten (10) years in federal prison, while Nilija Biggs faces up to five (5) years in federal prison. Based on pleas to knowledge and concealment of the conspiracy, Mr. Bright and Ms. Whorms each face up to three (3) years in federal prison.
“This case demonstrates the importance of pursuing those individuals, including licensed medical professionals, who are preying on the addictive nature of opioids and other controlled substances.” said United States Attorney Charlie Peeler. “My office and the Department of Justice have made efforts to control what the CDC has declared an Opioid Epidemic in this country that is killing people and fueling the current spike in illegal heroin trade. Doctors are not above the law and our office will continue to hold doctors accountable for illegal practices that put powerful, addictive and dangerous painkillers and other substances into the hands of those who do not medically need them.”
Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division said, “The devastation caused to human lives by prescription opioid abuse cannot be overstated. The prescription opioid epidemic that this country currently faces can be traced directly to unscrupulous medical practices where the practicing doctors and owners prosper and the patients suffer grievously. Patients at “pill mills” can expect to lose family, money, their health, happiness and possibly their lives. Physicians who run these illegal practices can expect to be investigated, prosecuted, and sent to prison in the same way as other drug traffickers who push poison in our communities. DEA, its law enforcement partners and the U.S. Attorney’s Office presented a united front which led to the successful prosecution of this case.”
“Doctors who illegally dispense prescription narcotics must be held accountable for their actions. This conviction demonstrates the great work of law enforcement at all levels to investigate and prosecute the illegal distribution of prescription drugs negatively impacting Georgia and our surrounding states. The GBI remains committed to working with our federal partners in drug enforcement to address these types of crimes.”
The case was investigated by the Drug Enforcement Administration, the Georgia Bureau of Investigation and Internal Revenue Service – Criminal Investigation. Assistant United States Attorneys Robert D. McCullers and K. Alan Dasher prosecuted the case for the United States.
Questions concerning this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
District Man Sentenced to Five Years in Prison for Shooting at Columbia Heights Metro StationRead the Press Release
WASHINGTON – Cesar Morales, 23, of Washington, D.C., was sentenced today to five years in prison on charges stemming from a shooting last summer at the Columbia Heights Metro station in Northwest Washington, U.S. Attorney Jessie K. Liu announced.
Morales was found guilty by a jury in January 2018 of assault with a dangerous weapon, possession of a firearm during a crime of violence, and related firearm offenses. The verdict followed a one-week trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Jennifer A. Di Toro. Following his prison term, Morales will be placed on five years of supervised release.
According to the government’s evidence, on Aug. 25, 2017 at approximately 12:20 p.m., Morales chased the victim around the Columbia Heights Metro station. As they reached the top of the escalators on the west entrance, Morales fired one shot with a .22-caliber Ruger towards the victim. Luckily, the victim was able to run away and get through the station unharmed. At the time of the shooting, dozens of people were in and around the station.
Morales fled westbound on Irving Street NW, making a right on Hyatt Place and then a left onto Park Road NW. Within minutes, officers with the Metropolitan Police Department (MPD) were able to contact and attempted to stop the defendant and another individual. When officers asked to see Morales’s hands, the defendant reached in his waistband and fled from the officers. Officers observed Morales toss a firearm. Morales was able to get away.
Video surveillance captured the shooting outside the Metro station and the victim running inside the station. Body-worn camera of the officers captured the stop minutes after the shooting. MPD released video and an investigation led to Morales’s arrest on Aug. 31, 2017. He has been in custody ever since. A casing was recovered from the Metro station stairs that was determined to have been fired by the firearm recovered in defendant’s flight path.
In announcing the sentence, U.S. Attorney Liu commended the work of those who investigated the case from Metropolitan Police Department and Metro Transit Police Department. She also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Tiffany Fogle, Litigation Technology Specialist Anisha Bhatia, and Assistant U.S. Attorney Jennifer Kerkhoff. Finally, she acknowledged the efforts of Assistant U.S. Attorney Monica Trigoso, who investigated and prosecuted the case.
Department of State Contractor Pleads Guilty to Theft of Government FundsRead the Press Release
Charleston, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Mauricio Andulo Hidalgo, age 43, of Costa Rica, has entered a guilty plea in federal court in Charleston, to Theft of Government Funds, a violation of 18 U.S.C. § 641. United States District Judge Patrick Michael Duffy, of Charleston, accepted the guilty plea and will impose sentence after he has reviewed the presentence report, which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that Hidalgo used his position as President of SafetyPay-Central America to steal over $2,000,000 of government funds that were supposed to be transferred to a bank account maintained by the Department of State's Global Financial Services Center in Charleston. SafetyPay-Central America had been hired as a subcontractor to handle the processing of visa application fees for the United States Embassy in Costa Rica. As part of the scheme, Hidalgo diverted the funds from a SafetyPay bank account in Costa Rica to another Costa Rican account under his sole control.
Ms. Lydon stated the maximum penalty for Theft of Government Funds is imprisonment for 10 years and/or a fine of $250,000.
The case was investigated by special agents of the Department of State, Office of Inspector General, led by Inspector General Steve A. Linick. Assistant United States Attorneys Marshall "Matt" Austin and Nathan Williams of the Charleston Office are prosecuting the case.
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Department of Justice Announces Place to Worship InitiativeRead the Press Release
The Department of Justice announced the “Place to Worship Initiative,” which will focus on protecting the ability of houses of worship and other religious institutions to build, expand, buy, or rent facilities – as provided by the land use provisions of the Religious Land Use and Institutionalized Persons Act (RLUIPA).
In announcing the initiative, Attorney General Sessions provided the following statement:
“The Constitution doesn’t just protect freedom to worship in private – it protects the public exercise of religious belief, including where people worship together,” Attorney General Sessions said. “Under the laws of this country, government cannot discriminate against people based on their religion – not in law enforcement, not in grant-making, not in hiring, and not in local zoning laws. President Trump is an unwavering defender of the right of free exercise, and under his leadership, the Department of Justice is standing up for the rights of all Americans. By raising awareness about our legal rights, the Place to Worship Initiative will help us bring more civil rights cases, win more cases, and prevent discrimination from happening in the first place.”
The Department will work with the United States Attorney’s Offices to strengthen awareness of the land use provisions of RLUIPA by: hosting community outreach events across the country, educating municipal officials and religious organizations about RLUIPA’s requirements, and providing additional training and resources for federal prosecutors. The first community outreach event under the initiative will be held on June 25, in Newark, New Jersey, led by the U.S. Attorney’s Office for the District of New Jersey.
The Department is also launching a new web page, including an information page and easily accessible complaint portal, a new Q and A document on RLUIPA, and other materials. In addition, the Department has created a new RLUIPA tool kit for Department lawyers working on RLUIPA cases, and is holding a webinar on June 26 for providing training and resources for U.S. Attorney’s offices.
U.S. Attorney Trent Shores stated, “The resources provided by the Department of Justice to strengthen awareness of RLUIPA will allow my office to aggressively enforce the law and prevent religious discrimination. The Constitutional right to worship together must be and will be defended.”
RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. Specifically, RLUIPA bars land use regulations that impose a substantial burden on religious exercise without a compelling justification, requires governments to treat houses of worship as favorably as nonreligious assemblies, and bars governments from discriminating among religions and from totally or unreasonably excluding houses of worship.
The Justice Department also announced that it brought a RLUIPA complaint against the Borough of Woodcliff Lake and the Woodcliff Lake Zoning Board of Adjustment in New Jersey.
Persons who believe their rights under RLUIPA have been violated may contact the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339 or the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743.
More information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/rluipa.
Clairton Drug Dealer Pleads Guilty to Distribution of Fentanyl Causing an Overdose DeathRead the Press Release
PITTSBURGH, PA. - A resident of Clairton, Pennsylvania, pleaded guilty in federal court to distribution of fentanyl resulting in an overdose death, United States Attorney Scott W. Brady announced today.
Skyler Carter, 37, pleaded guilty to one count of distributing fentanyl causing serious bodily injury and death. In connection with the guilty plea, the court was advised that Carter had supplied quantities of fentanyl and cocaine to his codefendant, Katie Spratt, which she then distributed to the victim user, identified as A.B., causing his overdose death on June 5, 2017. In addition to the overdose death, Carter acknowledged his responsibility for the distribution of at least 160 grams of fentanyl, 280 grams of cocaine base, and 3.5 kilograms of cocaine. Carter enlisted the help of his brother and sister, codefendants Courtney and Jalea Carter, among others, in his drug trafficking activities, using their residences to store, package and distribute fentanyl, heroin, cocaine, and cocaine base. He is the seventeenth of 21 defendants charged in the conspiracy to enter a plea of guilty.
Judge Arthur J. Schwab scheduled sentencing for October 4, 2018, at 10:30 a.m. The law provides for a maximum total sentence of not less than 20 years nor more than life in prison, a fine of not more than $1 million, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed will depend upon the seriousness of the offense and the prior criminal history, if any, of the defendant. Carter remains incarcerated pending the sentencing hearing.
The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the Allegheny County Sheriff’s Office, the Allegheny County Police Department, and the Pittsburgh Bureau of Police. The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises. Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.
Charleston Man Pleads Guilty to Federal Heroin and Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man caught selling heroin in January 2017 pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart. Dana Stevenson, 27, entered his guilty plea to an indictment charging him with distribution of heroin and being a felon in possession of a firearm.
“It’s Groundhog Day all over again,” said United States Attorney Mike Stuart. “We wake up and issue a press release about a felon with a firearm. But this isn’t Groundhog Day, it’s just another felon with a firearm who also deals drugs.”
On January 4, 2017, agents with the ATF and the Charleston Police Department Special Enforcement Unit used a confidential informant to make a controlled buy of heroin from the defendant. The buy occurred in the vicinity of the Kentucky Fried Chicken near Washington Street in Charleston. The defendant provided the informant with suspected heroin.
Stevenson also pled guilty to being a felon in possession of a firearm. On January 18, 2017, officers conducted a search warrant at his residence and recovered a Glock .40 caliber firearm. Stevenson was prohibited from possessing any firearm under federal law because he had been convicted in 2014 in Kanawha County, West Virginia for wanton endangerment.
Stevenson faces up to 30 years in federal prison when he is sentenced on September 6, 2018.
The plea hearing was held before Judge Goodwin. Assistant United States Attorney Stephanie S. Taylor prosecuted the case.
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.
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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California Man Sentenced for Failure to Register as Sex OffenderRead the Press Release
U.S. Attorney Duane A. Evans announced that ROT VAN NGUYEN, a/k/a “Minh Dung,” a/k/a “Minh Dung Duong,” age 56, of San Jose, California, was sentenced today to one year and one day in prison by U.S. District Court Judge Carl J. Barbier for failing to register as a sex offender under the federal Sex Offender Registration and Notification Act (SORNA).
According to court documents, NGUYEN was convicted in California in 2009 for lewd or lascivious acts on a child under 14 years of age, a violation of California Penal Code Section 288(a). After his release from prison, NGUYEN was obligated to register as a sex offender for life. In November 2015, while he was on probation, NGUYEN cut off a GPS monitor required by California Parole and absconded from supervision. He remained at large until December 12, 2017, when members of the U.S. Marshals Task Force and Louisiana State Troopers apprehended NGUYEN at a casino in New Orleans. After his arrest, NGUYEN admitted to living in Houma prior to moving to New Orleans, and that he was aware of his obligation to register as a sex offender in Louisiana pursuant to SORNA. He was initially arrested on charges of violating Louisiana state registration laws until the matter was charged in federal court.
In addition to being sentenced to one year and one day in prison, NGUYEN also was sentenced to five years of supervised release.
U.S. Attorney Evans praised the work of the United States Marshals Service and the Louisiana State Police in this matter. He extended his thanks to California Division of Parole Operations, the Orleans Parish Sheriff’s Office, and the Orleans Parish District Attorney’s Office for their assistance. Assistant United States Attorney Matthew Payne is in charge of prosecution.
Business Owner and Former D.C. Schools Employee Plead Guilty to Carrying Out Fraudulent Billing SchemeRead the Press Release
WASHINGTON – The owner of a tutoring and mentoring business and a former employee of the District of Columbia Public Schools pled guilty today to federal charges for their roles in a scheme to fraudulently bill the school system more than $200,000 for services that they falsely claimed had been provided to students with special needs.
The guilty pleas were announced by U.S. Attorney Jessie K. Liu, Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, and Inspector General Daniel W. Lucas of the District of Columbia.
John A. Faulkner, Jr., 40, the business owner, and Isaiah Johnson, 38, the former D.C. Public Schools employee, each pled guilty in the U.S. District Court for the District of Columbia to charges of mail fraud and identity theft. Mail fraud carries a statutory maximum of 20 years in prison and identity theft carries up to 15 years. Both charges also carry potential financial penalties. Under federal sentencing guidelines, each defendant faces an estimated range of 33 to 41 months in prison and fines of up to $75,000. They also must pay a total of $217,366 in restitution to the District of Columbia Schools. Faulkner also has agreed to pay $142,866 in a forfeiture money judgment, and Johnson has agreed to pay $74,500 in a forfeiture money judgment. The Honorable Rudolph Contreras scheduled sentencing for Sept. 11, 2018.
Faulkner and Johnson, both of Baltimore, were indicted on Sept. 14, 2017, and remain free on personal recognizance pending their sentencing hearing.
According to a statement of offense submitted at the time of the pleas, the men carried out a scheme from at least July of 2012 through at least July of 2014 involving fraudulent invoices submitted to the District of Columbia Public Schools (DCPS) for services purportedly performed under the Compensatory Education Program.
The Compensatory Education Program awards services to eligible students to assist with their educational needs and development. Students awarded compensatory education services have learning, mental, and/or behavioral disabilities that create an educational barrier that prevents them from reaping the full benefits of education. Services consist of tutoring, individualized education, monitoring, speech therapy, occupational therapy, and behavioral and psychological analysis. Once DCPS approves specific services, parents or guardians receive letters specifying the services that can be provided. They also receive a list of independent providers, or vendors.
According to the statement of offense, Faulkner owned a company that in 2011 became eligible to be paid by DCPS as a vendor for tutoring and mentoring services. Johnson was a DCPS compliance case manager who was responsible for notifying parents or guardians, via letters, that their children were entitled to obtain the services of the independent providers. In that role, according to the indictment, Johnson had access to students’ names as well as compensatory education letters and the forms used to create those letters.
Faulkner and Johnson created or caused to be created false and fraudulent timesheets purporting to reflect compensatory education services provided to students that had, in fact, not been performed. These documents included the names and, in some instances, the signatures of individuals who purportedly provided services, the DCPS students and the students’ parents or guardians. Faulkner and Johnson admitted that they and others used these means of identification without the knowledge or permission of the individuals. Faulkner attached these timesheets to invoices to DCPS. He received payments and distributed a portion of the proceeds to Johnson.
DCPS sent at least $217,366 in payments for services that never were performed.
In announcing the pleas, U.S. Attorney Liu, Assistant Director in Charge McNamara and Inspector General Lucas commended the work of those who investigated the case from the FBI’s Washington Field Office and the District of Columbia Office of the Inspector General They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Diane Lucas; former Assistant U.S. Attorney Teresa A. Howie; Supervisory Paralegal Specialist Tasha Harris, Paralegal Specialists Kristy Penny and Joshua Fein, and former Paralegal Specialist Jessica Mundi. Finally, they commended the work of Assistant U.S. Attorneys Peter C. Lallas and Adrienne Dedjinou, who investigated and prosecuted the case.
Bronx, New York, Man Charged with Distribution of MethamphetamineRead the Press Release
TRENTON, N.J. – A Bronx, New York, man arrested for distributing approximately eight pounds of methamphetamine has made his initial appearance in federal court, U.S. Attorney Craig Carpenito announced today.
Anthony Morales, 44, was arrested June 13, 2018, and charged by complaint with one count of distribution of 500 grams or more of methamphetamine. He appeared yesterday before U.S. Magistrate Judge Lois H. Goodman in Trenton federal court and was detained.
According to the documents filed in this case and statements made in court:
In June 2018, a Homeland Security Investigations (HSI) source provided information to HSI that a sale of a large volume of methamphetamine would be taking place in the parking lot of a restaurant in Moorestown, New Jersey.
On June 12, 2018, law enforcement officers observed Morales and another individual (Person One) meet in the restaurant’s parking lot before Morales handed Person One a box. As Person One walked away from Morales, law enforcement officers converged on the parking lot and arrested both individuals. Morales told law enforcement officers that he had arrived at restaurant earlier that day to sell Person One approximately 8 pounds of methamphetamine, and that he had, in fact, distributed the methamphetamine to Person One in a box. Morales admitted that he was arrested while waiting for Person One to pay him for the methamphetamine.
The methamphetamine distribution charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life imprisonment, and a $10 million fine.The charge and allegations in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
U.S. Attorney Carpenito credited special agents of HSI, under the direction of Resident Agent in Charge Richard Reinhold in Cherry Hill, with the investigation leading to the charge.
The government is represented by Assistant U.S. Attorneys R. Joseph Gribko and Eric A. Boden of the U.S. Attorney’s Office in Trenton.
Defense counsel: Andrea Bergman Esq., Assistant Federal Public Defender, Trenton
Bradenton Woman Indicted for Theft of Government FundsRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Roselle Fitzgerald (54, Bradenton) with one count of theft of government funds, two counts of making a false statement to a federal agency, seven counts of presenting counterfeit or forged securities, and three counts of fraudulent use of a means of identification. If convicted, she faces a maximum penalty of 15 years’ imprisonment on each count of fraudulent use of a means of identification, 10 years in prison on the theft of government funds count and for each count of presenting counterfeit or forged securities, and up to 5 years’ imprisonment on each count of false statement to a federal agency. The indictment also notifies Fitzgerald that the United States is seeking a money judgment in the amount of $192,091.20, the proceeds of the charged criminal conduct.
According to the indictment, Fitzgerald worked as a title-closer at various law firms, while simultaneously receiving Social Security Disability Insurance Benefits to which she was not entitled. Fitzgerald also made material false statements to employees of the Social Security Administration regarding her work activity. In addition, she possessed counterfeit or forged checks from the law firms where she was employed and used the means of identification of others in connection with the counterfeit or forged checks.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Social Security Administration, Office of the Inspector General and the Sarasota Police Department. It is being prosecuted by Special Assistant United States Attorney Suzanne Huyler.
Bail bonding company owner and former employee admit to tax fraudRead the Press Release
WHEELING, WEST VIRGINIA – William W. Seelbach, of Fort Meyers, Florida, and Jolynn Gilchrist, of Wheeling, West Virginia, have admitted to tax fraud, United States Attorney Bill Powell announced.
Seelbach, age 68, owner of W&S Bail Bonding, doing business as A Bail Bonding by ABC of Wheeling, West Virginia, pled guilty to one count of “Conspiracy to Defraud the United States—Impede the Internal Revenue Service,” and one count of “Failure to File Individual Income Tax Return for Tax Year 2012.” Seelbach admitted to impeding the IRS in its collection of taxes, and failing to file a federal income tax return for 2012 to report $144,030 in income to the IRS.
Gilchrist, age 49, former employee of ABC, pled guilty to one count of “False Tax Return.” Gilchrist admitted to filing an inaccurate federal tax return for the 2015 tax year.
Seelbach and Gilchrist each face up to five years incarceration and a fine of up to $250,000 for each count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Jarod J. Douglas and Shawn M. Adkins are prosecuting the cases on behalf of the government. The Federal Bureau of Investigation, the Internal Revenue Service, the West Virginia Commission on Special Investigations, and the West Virginia State Police investigated.
U.S. Magistrate Judge James E. Seibert presided.
Alleged Sinaloa Cartel Member Extradited to the United States from Mexico for Funneling Massive Amounts of Marijuana and Cocaine into the United StatesRead the Press Release
An alleged Sinaloa Cartel member is in federal custody, following his extradition from Mexico to the United States yesterday afternoon. He is expected to make his initial appearance later today in federal court in El Paso.
The announcement was made by U.S. Attorney John F. Bash for the Western District of Texas; Special Agent in Charge Kyle W. Williamson of the Drug Enforcement Administration (DEA), El Paso Division; Special Agent in Charge Emmerson Buie, Jr., of the Federal Bureau of Investigation (FBI), El Paso Division; and, Special Agent in Charge Jeffrey C. Boshek, II, of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Dallas Division.
Arturo Shows Urquidi aka “Chous”, age 47, is charged in an April 2012 indictment returned by a federal grand jury in El Paso. Urquidi is charged with one count of conspiracy to conduct enterprise affairs through a pattern of racketeering activity (RICO conspiracy), one count of conspiracy to possess with the intent to distribute five kilograms or more of cocaine and 1,000 kilograms or more of marijuana, one count of conspiracy to import into the United States five kilograms or more of cocaine and 1,000 kilograms or more of marijuana, one count of conspiracy to commit money laundering offenses and one count of conspiracy to possess firearms in furtherance of drug trafficking crimes.
“The Sinaloa Cartel has smuggled multi-ton quantities of cocaine and heroin into our country for decades, using intimidation, violence and murder to build and protect their criminal empire,” said DEA Special Agent in Charge Williamson. “The extradition of Urquidi exemplifies the will of the international law enforcement collaboration to target, disrupt and dismantle the powerful Mexican cartels.”
“The extradition of Urquidi demonstrates that when we work together with our law enforcement partners both here and in Mexico, we can bring Sinaloa Cartel leadership and its core members to justice,” said FBI Special Agent in Charge Buie.
“ATF remains committed to partnerships that combat violent crime and firearms trafficking,” said ATF Special Agent in Charge Boshek. “Working together to dismantle criminal organizations improves public safety and increases social and economic stability.”
Urquidi was one of two dozen alleged high-ranking Sinaloa Cartel leaders, including Joaquin Guzman Loera aka “El Chapo” and Ismael Zambada Garcia aka “Mayo”, indicted on federal racketeering charges in April 2012. According to the indictment, Urquidi was responsible for the unloading and loading of cocaine, drug proceeds and firearms in Sinaloa Cartel warehouses in Juarez.
Last week, co-defendant Mario De La O Lopez, a former Chihuahua, Mexico state police officer, was sentenced to 324 months in federal prison in connection with the investigation into this criminal enterprise. Three defendants--Gabino Salas-Valenciano, Jesus Rodrigo Fierro-Ramirez and Emigdio Martinez, Jr.--have died since the indictment was returned in 2012. Twenty (20) defendants, including Urquidi, remain under indictment. Trial is scheduled for November 2018. Upon conviction, Urquidi faces up to life in federal prison.
This investigation resulted in the seizure of hundreds of kilograms of cocaine, thousands of pounds of marijuana in cities throughout the United States. Law enforcement also took possession of millions of dollars in drug proceeds which were destined to be returned to the Cartel in Mexico. Agents and Officers likewise seized hundreds of weapons and thousands of rounds of ammunition intended to be smuggled into Mexico to assist the Cartel’s battle to take control of Juarez and the local drug trafficking corridors.
The charges in the indictment are merely allegations, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The DEA, FBI, and ATF together with the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), U.S. Border Patrol, U.S. Customs and Border Protection (CBP), U.S. Marshals Service, El Paso Police Department, El Paso Sheriff’s Office, and the Texas Department of Public Safety investigated this case. The Justice Department’s Office of International Affairs provided significant assistance in the extradition. The case is being prosecuted by Assistant U.S. Attorneys of the Western District of Texas.
Albany Attorney Charged with Defrauding Clients, Law FirmRead the Press Release
ALBANY, NEW YORK – Albert Hessberg III, age 63, of Slingerlands, New York, appeared today in federal court on charges that he defrauded and stole money from his clients and former law firm.
The announcement was made by United States Attorney Grant C. Jaquith and Janelle M. Miller, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.
A criminal complaint charges Hessberg with wire fraud and mail fraud. Hessberg worked for 37 years in the Albany office of the law firm now known as Barclay Damon LLP, practicing in the area of trusts and estates. According to the complaint, in March 2018, the law firm terminated Hessberg for cause.
Hessberg is accused of stealing and concealing the theft of at least $328,000 entrusted to him by clients, as well as diverting to himself payments for legal services that should have been made to Barclay Damon. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Hessberg appeared today before United States Magistrate Judge Christian F. Hummel, who ordered him released with conditions, pending further proceedings.
If convicted, Hessberg faces up to 20 years in prison, a maximum $250,000 fine, and up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the FBI and being prosecuted by Assistant U.S. Attorney Michael Barnett.
Additional Doctors Charged in Massive Kickback Scheme Related to Spinal Surgeries at Long Beach Hospital Owned by Michael DrobotRead the Press Release
SANTA ANA, California – Three additional doctors have been charged in three new cases for their roles in a 15-year-long health care fraud scheme that involved more than $40 million in illegal kickbacks paid to doctors and other medical professionals in exchange for referring thousands of patients who received spinal surgeries. As a result of the kickback scheme, more than $580 million in fraudulent bills were submitted, mostly to California’s worker compensation system.
David Hobart Payne, 60, an orthopedic surgeon who lives in Irvine, is scheduled to be arraigned later today in United States District Court on charges of conspiracy, honest services fraud, and using an interstate facility to aid in unlawful activity. A five-count superseding indictment returned by a federal grand jury on April 25 alleges that Payne was bribed approximately $450,000 to steer more than $10 million in kickback-tainted surgeries to Pacific Hospital of Long Beach.
Jeffrey David Gross, 52, an orthopedic surgeon who resides in Dana Point and Las Vegas, Nevada, appeared in federal court on Wednesday and pleaded not guilty to charges contained in a 14-count indictment returned earlier this year by a federal grand jury. Gross, who faces charges of conspiracy, honest services mail fraud and honest services wire fraud, was ordered to stand trial on August 7. The indictment alleges that Gross made at least $622,000 in exchange for performing and/or referring more than $19 million in kickback-tainted surgeries to Pacific Hospital.
In the third indictment being announced today, Lokesh Tantuwaya, 51, who maintains residences in Rancho Santa Fe and Rock Springs, Wyoming, was charged in February by a federal grand jury. The 13-count indictment charges Tantuwaya with conspiracy, honest services fraud, and using an interstate facility to aid in unlawful activity. Tantuwaya, who pleaded not guilty in April, has been ordered to stand trial on November 6. The indictment alleges that Tantuwaya received approximately $3.2 million in kickbacks for referring and/or performing $38 million in surgeries to Pacific Hospital.
The kickback scheme centered on Pacific Hospital of Long Beach, which specialized in surgeries, especially spinal and orthopedic procedures. The owner of Pacific Hospital, Michael D. Drobot, conspired with doctors, chiropractors and marketers to pay kickbacks in return for the referral of thousands of patients to Pacific Hospital for spinal surgeries and other medical services paid for primarily through the California workers’ compensation system. During its final five years, the scheme resulted in the submission of over $500 million in fraudulent medical bills. To date, nine defendants have been convicted for participating in the kickback scheme.
If they were to be convicted of the charges in the indictments announced today, Payne, Gross and Tantuwaya would face potential sentences of decades in federal prison.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
The investigation into the spinal surgery kickback scheme is being conducted by the Federal Bureau of Investigation; IRS Criminal Investigation; the California Department of Insurance; and the United States Postal Service, Office of Inspector General.
This case is being prosecuted by Assistant United States Attorneys Joseph T. McNally and Scott D. Tenley of the Santa Ana Branch Office, and Assistant United States Attorney Ashwin Janakiram of the Major Frauds Section.
Wednesday 13 June 2018
Wisconsin Woman Charged with Attempting to Provide Material Support to ISISRead the Press Release
Waheba Issa Dais, 45, originally of Israel and a U.S. legal permanent resident residing in Cudahy, Wisconsin, has been charged in a criminal complaint with attempting to provide material support or resources to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.
Assistant Attorney General for National Security John C. Demers, U.S. Attorney Matthew Krueger for the Eastern District of Wisconsin, and Special Agent in Charge Justin Tolomeo of the FBI’s Milwaukee Division made the announcement.
According to the criminal complaint, beginning in at least January, Dais attempted to provide services, personnel, expert advice and assistance to ISIS, by promoting ISIS’s agenda, facilitating recruitment and maintaining a virtual library of instructions on how to make bombs, biological weapons, poisons and suicide vests to assist self-proclaimed ISIS members and supporters in their attack planning. Dais used multiple social media accounts that she hacked and took over from unwitting victims and private social media platforms to provide and facilitate her support. Dais used one of her pro-ISIS accounts to encourage an individual, whom she believed to be an ISIS supporter, to conduct an attack in the name of ISIS. She provided detailed instructions on how to make Ricin and then suggested the individual introduce the Ricin to a government post or water reservoirs. In another post, she suggested potential targets for bombing attacks, including street festivals and celebrations in the summer.
Dais was arrested by the FBI on June 13. Dais appeared before a federal magistrate judge on the charges on June 13.
The defendant faces a statutory maximum sentence of 20 years’ imprisonment and a fine of up to $250,000.00. A criminal complaint is merely an allegation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
This case was investigated by the FBI Milwaukee Division’s Joint Terrorism Task Force. The government’s is represented by Assistant U.S. Attorney Gregory J. Haanstad of the Eastern District of Wisconsin, with assistance from Trial Attorney Jolie F. Zimmerman of the National Security Division’s Counterterrorism Section.
Wisconsin Man Indicted for Producing Child Pornography Outside of the United StatesRead the Press Release
A Wisconsin man was charged in an indictment yesterday with the crimes of producing and possessing child pornography and engaging in illicit sexual conduct in a foreign place, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Matthew D. Krueger of the Eastern District of Wisconsin.
Jeffrey H. Ernisse, 61, is currently incarcerated for state offenses related to child exploitation at the Red Granite Correctional Institution in Wisconsin. A grand jury in the U.S. District Court for the Eastern District of Wisconsin indicted Ernisse on two counts of producing child pornography, two counts of producing child pornography outside of the United States, one count of engaging in illicit sexual conduct with a minor in the Philippines and one count of possessing child pornography.
According to the indictment, on or about March 10, 2015 and then again, on or about April 7, 2015, Ernisse used a minor to engage in sexually explicit conduct for the purpose of producing child pornography. Between approximately June 17, 2014, and approximately April 11, 2015, Ernisse engaged in illicit sexual conduct with a minor in the Republic of the Philippines. And on or about Dec. 18, 2015, Ernisse possessed child pornography.
The charges contained in the indictment are merely allegations. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) is investigating this case with the cooperation of the Sheboygan, Wisconsin, Police Department. Trial Attorney William M. Grady of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorneys Megan J. Paulson and Penelope L. Coblentz of the Eastern District of Wisconsin are prosecuting the case.
This investigation is a 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.
Williston Man Sentenced to 20 years for Possession of Child PornographyRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that on June 11, 2018, Chief United States District Judge Daniel L. Hovland sentenced Jess Harlan Mallo, age 44, Williston, ND, on charges of Possession of Materials Depicting the Sexual Exploitation of Children. Judge Hovland sentenced Mallo to serve 20 years in federal prison, to be followed by 10 years supervised release.
This investigation was initiated when law enforcement received a tip that Mallo had uploaded images to his Gmail account that suggested he may have been victimizing a minor female. Investigators seized the Gmail account images and conducted a search of Mallo’s residence that resulted in the seizure of several electronic devices belonging to Mallo, which were found to contain images depicting the sexual exploitation of children. Mallo admitted to possessing child pornography on his devices when interviewed by law enforcement. Mallo has one prior conviction in 2005 involving the sexual molestation of two minor females in the State of Minnesota.
This case was investigated by the Williston Police Department, Bureau of Criminal Investigation, and Homeland Security Investigations.
Assistant United States Attorney Gary L. Delorme prosecuted the case.
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Wilburton Man Sentenced to 37 Months for Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Keith Ray Morgan, age 34, of Wilburton, Oklahoma, was sentenced to 37 months imprisonment and 3 years supervised release for Felon In Possession Of Firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). The charge arose from an investigation by the Latimer County Sherriff’s Office, the Oklahoma Highway Patrol, the District 16 District Attorney’s Drug Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Indictment alleged that on or about August 9, 2017, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, to wit: One (1) New England Firearms, Pardner Model, 12-guage shotgun, serial number NS356513, which had been shipped and transported in interstate commerce.
“Public safety is a priority for local, state, tribal and federal law enforcement agencies. When law enforcement agencies work together toward the common goal of protecting the public, as they did in this investigation, the result is a safer community,” said United States Attorney Brian J. Kuester. “I commend the agencies involved in this investigation for their strong working relationships and open communication with each other.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Dean Burris represented the United States. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served.
White Supremacists Sentenced to Death for Murdering Fellow Inmate at Texas PrisonRead the Press Release
Two federal inmates convicted of killing another inmate at a Beaumont Prison in the Eastern District of Texas were sentenced to death today.
Attorney General Jeff Sessions, Acting Assistant Attorney General John P. Cronan of the U.S. Department of Justice’s Criminal Division and U.S. Attorney Joseph D. Brown for the Eastern District of Texas made the announcement.
Ricky Fackrell, 34, of Vernal, Utah, and Christopher Cramer, 36, of Ogden, Utah, were indicted by a federal grand jury on March 3, 2016 and charged with murder and conspiracy to commit murder. They were both convicted by a federal jury of murder in the first degree on May 9, following a six-day trial before U.S. District Judge Marcia Crone. Today, after about eight hours of deliberation, the jury in Beaumont sentenced both Fackrell and Cramer to death. Judge Crone immediately sentenced the defendants accordingly.
“White supremacists subscribe to a repugnant, hateful ideology and use it to justify criminal activity,” Attorney General Sessions said. “The murder committed in this case was an act of senseless, barbaric violence. Now that the jury has spoken, justice will be done. I want to thank our fabulous prosecutors John Craft, Joseph Batte, and Sonia Jimenez for their hard work. With their help, this Department will continue to prosecute violent criminals with the aggressiveness and relentlessness necessary in cases like these.”
“These defendants had a violent history, and when the murder happens in a prison, it is clear that the defendants are always going to be a danger,” said U.S. Attorney Brown. “This was an appropriate case for the death penalty and we will continue to seek that punishment in the worst cases.”
According to information presented in court, beginning in March 2014, Cramer and Fackrell, inmates of the U.S. Penitentiary in Beaumont, Texas, conspired to murder fellow inmate, Leo Johns. On June 9, 2014, Cramer and Fackrell stabbed Leo Johns to death at the federal prison. All three inmates were members of the white supremacy group, Soldiers of the Aryan Culture.
This case was investigated by the FBI and the U.S. Bureau of Prisons Special Investigative Services. This case was prosecuted by Assistant U.S. Attorneys John Craft and Joseph R. Batte of the Eastern District of Texas and Trial Attorney Sonia V. Jimenez of the Justice Department’s Capital Case Section.
Waterloo Man Sentenced to Federal Prison for Sending Threatening Tweets to United States Senator Joni ErnstRead the Press Release
A man who sent threatening “tweets” on the Internet to United States Senator Joni Ernst was sentenced today to six years in federal prison. Joseph Hilton Dierks, age 34, from Waterloo, Iowa, received the prison term after a November 22, 2017, jury verdict finding him guilty of three counts of sending threatening communications.
The evidence at trial showed that in August 2017, Dierks began sending Senator Ernst threatening tweets from his Twitter account to her Twitter accounts. The United States Capitol Police in Washington, D.C. then contacted the Waterloo Police Department, which sent a law enforcement officer to Dierks’ home. Dierks promised the officer he would “tone it down” but, within 24 hours, Dierks began sending threatening tweets to the Senator again. The Senator was in Iowa at the time of Dierks’ threats, which resulted in additional security precautions.
Dierks was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Dierks was sentenced to 72 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
In sentencing Dierks, Judge Reade emphasized Dierks’ escalating criminal history, which included a prior conviction for harassing a Waterloo police officer and carrying weapons. Dierks also filmed himself tracing a knife on the outline of an unwitting neighbor across the street and offered to cut him up. Dierks also stated in a recorded jailhouse telephone call with his mother that he had no intention of following the Court’s orders when released from prison, hated the United States of America, blamed others for his predicament, and stated life meant very little to him. Judge Reade found Dierks posed an “extreme risk” to recidivate.
“The safety of elected officials is something that cannot be taken lightly,” said United States Attorney Peter E. Deegan, Jr. “This sentencing sends the message that those who attempt to intimidate or threaten to harm elected officials will be held accountable for their actions.”
Dierks is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorneys Timothy L. Vavricek and Richard L. Murphy and investigated by the Federal Bureau of Investigation, with the assistance of the United States Capitol Police and the Waterloo Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-2065-LRR.
Follow us on Twitter @USAO_NDIA.
Wisconsin Man Indicted for Producing Child Pornography Outside of the United StatesRead the Press Release
WASHINGTON – A Wisconsin man was charged in an indictment yesterday with the crimes of producing and possessing child pornography and engaging in illicit sexual conduct in a foreign place, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Matthew D. Krueger of the Eastern District of Wisconsin.
Jeffrey H. Ernisse, 61, is currently incarcerated for state offenses related to child exploitation at the Red Granite Correctional Institution in Wisconsin. A grand jury in the U.S. District Court for the Eastern District of Wisconsin indicted Ernisse on two counts of producing child pornography, two counts of producing child pornography outside of the United States, one count of engaging in illicit sexual conduct with a minor in the Philippines and one count of possessing child pornography.
According to the indictment, on or about March 10, 2015 and then again, on or about April 7, 2015, Ernisse used a minor to engage in sexually explicit conduct for the purpose of producing child pornography. Between approximately June 17, 2014, and approximately April 11, 2015, Ernisse engaged in illicit sexual conduct with a minor in the Republic of the Philippines. And on or about Dec. 18, 2015, Ernisse possessed child pornography.
The charges contained in the indictment are merely allegations. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) is investigating this case with the cooperation of the Sheboygan, Wisconsin, Police Department. Trial Attorney William M. Grady of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorneys Megan J. Paulson and Penelope L. Coblentz of the Eastern District of Wisconsin are prosecuting the case.
This investigation is a 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.
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White Supremacists Sentenced to Death for Murdering Fellow Inmate at Texas PrisonRead the Press Release
WASHINGTON – Two federal inmates convicted of killing another inmate at a Beaumont Prison in the Eastern District of Texas were sentenced to death today.
Attorney General Jeff Sessions, Acting Assistant Attorney General John P. Cronan of the U.S. Department of Justice’s Criminal Division and U.S. Attorney Joseph D. Brown for the Eastern District of Texas made the announcement.
Ricky Fackrell, 34, of Vernal, Utah, and Christopher Cramer, 36, of Ogden, Utah, were indicted by a federal grand jury on March 3, 2016 and charged with murder and conspiracy to commit murder. They were both convicted by a federal jury of murder in the first degree on May 9, following a six-day trial before U.S. District Judge Marcia Crone. Today, after about eight hours of deliberation, the jury in Beaumont sentenced both Fackrell and Cramer to death. Judge Crone immediately sentenced the defendants accordingly.
“White supremacists subscribe to a repugnant, hateful ideology and use it to justify criminal activity,” Attorney General Sessions said. “The murder committed in this case was an act of senseless, barbaric violence. Now that the jury has spoken, justice will be done. I want to thank our fabulous prosecutors John Craft, Joseph Batte, and Sonia Jimenez for their hard work. With their help, this Department will continue to prosecute violent criminals with the aggressiveness and relentlessness necessary in cases like these.”
“These defendants had a violent history, and when the murder happens in a prison, it is clear that the defendants are always going to be a danger,” said U.S. Attorney Brown. “This was an appropriate case for the death penalty and we will continue to seek that punishment in the worst cases.”
According to information presented in court, beginning in March 2014, Cramer and Fackrell, inmates of the U.S. Penitentiary in Beaumont, Texas, conspired to murder fellow inmate, Leo Johns. On June 9, 2014, Cramer and Fackrell stabbed Leo Johns to death at the federal prison. All three inmates were members of the white supremacy group, Soldiers of the Aryan Culture.
This case was investigated by the FBI and the U.S. Bureau of Prisons Special Investigative Services. This case was prosecuted by Assistant U.S. Attorneys John Craft and Joseph R. Batte of the Eastern District of Texas and Trial Attorney Sonia V. Jimenez of the Justice Department’s Capital Case Section.
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U.S. Attorney’s Office Files Lawsuit Against Borough of Woodcliff Lake over Denial of Zoning Approval for Orthodox Jewish House of WorshipRead the Press Release
NEWARK, N.J. – The U.S. Attorney’s Office for the District of New Jersey filed a lawsuit today against the Borough of Woodcliff Lake, New Jersey, alleging that the borough and its zoning board violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when it denied zoning approval to allow an Orthodox Jewish congregation to build a house of worship on its property and took steps to keep it from building a house of worship anywhere else in the borough.
According to the complaint, Valley Chabad, an Orthodox Jewish congregation located in Woodcliff Lake, spent nine years searching for a property within the area suitable to construct a house of worship. However, when Valley Chabad attempted to buy three different sites between 2005 and 2013, the borough thwarted those attempts in various ways, including expressing interest in rezoning or acquiring those properties through eminent domain after Valley Chabad entered contracts to purchase them. The borough ultimately acquired two of the properties and rezoned the third.
Unable to purchase a new property in the area that was suitable for their needs, Valley Chabad submitted a variance application to the Woodcliff Lake zoning board to construct a larger house of worship at its current location in the borough. After two years, 18 hearings, and substantial revisions by Valley Chabad to address size and transportation concerns, the zoning board denied the application.
The zoning board cited aesthetic concerns, the adverse impact on the “residential character of the neighborhood,” and safety issues that were undermined by the testimony of the zoning board’s own experts. The board also noted parking limitations that were the result of a 2016 ordinance enacted well after Valley Chabad submitted its variance application in 2014. In addition, when citing concerns that Valley Chabad would not adhere to the occupancy limits proposed in the application, the zoning board falsely characterized testimony from a Valley Chabad rabbi about prior attempts to control crowds.
“Federal law protects all religious communities from discrimination and unlawful barriers when they seek to build a place of worship,” said U.S. Attorney Carpenito. “According to the complaint, the Borough of Woodcliff Lake imposed a substantial burden on Valley Chabad’s religious freedom by repeatedly meddling in its attempts to purchase property in the area and citing subjective and misleading reasons to justify denying its zoning application.”
“The right to use land for religious exercise, free from unduly burdensome or discriminatory restrictions, is a fundamental constitutional right,” said Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division. “The Department of Justice remains vigilant in its enforcement of federal civil rights laws protecting religious groups’ ability to establish places of worship without improper interference.”
The Department of Justice today announced the “Place to Worship Initiative,” which will focus on protecting the ability of houses of worship and other religious institutions to build, expand, buy, or rent facilities – as provided by the land use provisions of the RLUIPA. As a part of the new initiative, the Department will work with the U.S. Attorney’s Offices to strengthen awareness of the land use provisions of RLUIPA. The first community outreach event under the initiative will be held on June 25, in Newark, led by the U.S. Attorney’s Office for the District of New Jersey.
RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. Specifically, RLUIPA bars land use regulations that impose a substantial burden on religious exercise without a compelling justification, requires governments to treat houses of worship as favorably as nonreligious assemblies, and bars governments from discriminating among religions and from totally or unreasonably excluding houses of worship.
More information about RLUIPA and the Justice Department’s new Place to Worship Initiative is available at www.justice.gov/crt/placetoworship and at www.justice.gov/crt/rluipa. Questions and answers about RLUIPA and other documents may be found at www.justice.gov/crt/about/hce/rluipaexplain.php.
The government is represented by Assistant U.S. Attorney Michael E. Campion, Chief of the U.S. Attorney’s Office’s Civil Rights Unit, Civil Division, and Assistant U.S. Attorney Susan Millenky, Civil Division.
Two Oklahoma Men Charged with Murder and Kidnapping in Indian CountryRead the Press Release
On June 13, a federal grand jury in Muskogee, Oklahoma, returned an eight-count indictment against two men for kidnapping and murdering a woman in Indian country in April 2017.
Matthew Onesimo Armstrong, 28, of Seminole County, Oklahoma, and a member of the Seminole Nation, and Nicholas Earl Faulkner, 31, of Hughes County, Oklahoma, and a member of the Cheyenne and Arapaho Tribe, were jointly charged with murder, kidnapping, and related drugs and weapons violations. The defendants were previously arrested by criminal complaint and are both detained. Their initial appearance on the indictment is scheduled for June 20, before Magistrate Judge Steven P. Shreder of the Eastern District of Oklahoma.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Brian J. Kuester of the Eastern District of Oklahoma and Special Agent in Charge Kathryn Petersen of the FBI Oklahoma City Field Office made the announcement.
The indictment alleges that on or about April 17, 2017, in Indian Country, the defendants were together in a house in Seminole County when they kidnapped Nicole Owl, 31, in a thickly forested area behind the house. The defendants retrieved materials from the house, including an extension cord and shoelaces, which were used to bind the victim’s hands and tie her body to a tree. The victim was left in the forested area for a period of time after which the defendants returned with a loaded SKS rifle. Armstrong then allegedly shot the victim twice, causing her death. Thereafter, the defendants purchased concrete from a nearby hardware store, dug a grave, and buried the victim’s body in the forest under a layer of concrete.
If convicted of all counts, the defendants could face the death penalty. The Attorney General of the United States will decide whether to seek the death penalty based on the recommendation of the U.S. Attorney and after carefully considering the defendant’s background and the circumstances of the crime.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The investigation was conducted by the FBI, the Bureau of Indian Affairs, the Oklahoma State Bureau of Investigation, the Oklahoma Bureau of Narcotics and Dangerous Drugs, the Seminole Nation Lighthorse Police, and the Seminole County District Attorney’s Office. The prosecution is being handled by Trial Attorney Mona Sahaf of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney D. Edward Snow of the Eastern District of Oklahoma.
Two Oklahoma Men Charged with Murder and Kidnapping in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – On June 13, a federal grand jury in Muskogee, Oklahoma, returned an eight-count indictment against two men for kidnapping and murdering a woman in Indian country in April 2017.
Matthew Onesimo Armstrong, 28, of Seminole County, Oklahoma, and a member of the Seminole Nation, and Nicholas Earl Faulkner, 31, of Hughes County, Oklahoma, and a member of the Cheyenne and Arapaho Tribe, were jointly charged with murder, kidnapping, and related drugs and weapons violations. The defendants were previously arrested by criminal complaint and are both detained. Their initial appearance on the indictment is scheduled for June 20, before Magistrate Judge Steven P. Shreder of the Eastern District of Oklahoma.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Brian J. Kuester of the Eastern District of Oklahoma, and Special Agent in Charge Kathryn Petersen of the FBI Oklahoma City Field Office made the announcement.
The indictment alleges that on or about April 17, 2017, in Indian Country, the defendants were together in a house in Seminole County when they kidnapped Nicole Owl, 31, in a thickly forested area behind the house. The defendants retrieved materials from the house, including an extension cord and shoelaces, which were used to bind the victim’s hands and tie her body to a tree. The victim was left in the forested area for a period of time after which the defendants returned with a loaded SKS rifle. Armstrong then allegedly shot the victim twice, causing her death. Thereafter, the defendants purchased concrete from a nearby hardware store, dug a grave, and buried the victim’s body in the forest under a layer of concrete.
If convicted of all counts, the defendants could face the death penalty. The Attorney General of the United States will decide whether to seek the death penalty based on the recommendation of the U.S. Attorney and after carefully considering the defendants’ background and the circumstances of the crime.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.The investigation was conducted by the FBI, the Bureau of Indian Affairs, the Oklahoma State Bureau of Investigation, the Oklahoma Bureau of Narcotics and Dangerous Drugs, the Seminole Nation Lighthorse Police, and the Seminole County District Attorney’s Office. The prosecution is being handled by Trial Attorney Mona Sahaf of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney D. Edward Snow of the Eastern District of Oklahoma.
Two Clarksburg residents sentenced for drug distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – John T. Skidmore and Danielle Archambault, both of Clarksburg, West Virginia, were sentenced today for drug distribution, United States Attorney Bill Powell announced.
Skidmore, age 35, was sentenced today to 30 months incarceration. Skidmore pled guilty to one count of “Distribution of Heroin” and one count of “Conspiracy to Distribute Methamphetamine” in February 2018. He admitted to selling heroin in March 2017 and distributing methamphetamine in April 2017. The crimes took place in Harrison County.
Archambault, age 28, was sentenced today to 18 months incarceration. She pled guilty to one count of “Conspiracy to Distribute Methamphetamine” in February 2018. She admitted to distributing methamphetamine in Harrison County and elsewhere April 2017.
Assistant U.S. Attorney Traci M. Cook prosecuted the cases on behalf of the government. The Greater Harrison County Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
Senior U.S. District Judge Irene M. Keeley presided.Tortola Native Pleads Guilty to Cocaine Conspiracy Resulting from the Traffic Stop Apprehension of 39 Bricks of CocaineRead the Press Release
St. Thomas, USVI – Khadin Fahie, 23, pleaded guilty before District Judge Curtis Gomez to conspiracy to possess with intent to distribute at least 15 but less than 40 kilogram of cocaine, United States Attorney Gretchen Shappert announced today. Fahie sentencing is scheduled for October 18, 2018.
Police Department conducted a routine traffic stop of an unregistered SUV operated by Jesus Rosario-Rondon. Fahie was a the passenger in the vehicle. According to the plea agreement filed with the court, on March 7, 2018, a VIPD officer during a routine traffic stop observed occupants of a vehicle who appeared very nervous and agitated. The officer also observed two large duffle bags in the back seat of the SUV, and later asked both occupants if either was the owner of the duffle bags. Fahie and the driver of the SUV both responded that the duffle bags belonged to the other person. The VIPD officer then requested and received permission from the driver of the SUV to search the duffle bags. Inspection of the duffle bags revealed 39 bricks containing a white powered substance, wrapped in vacuumed sealed plastic that later tested positive of the presence of cocaine. Also discovered was one empty plastic wrapping that tested positive for cocaine. Fahie later admitted ownership of the cocaine, and stated that he traveled from Tortola to St. Thomas with the cocaine to find a buyer. Fahie further stated that the driver of the SUV had assisted him in finding a buyer for the cocaine on St. Thomas.
This case was investigated by Drug Enforcement Administration and the Virgin Islands Police Department, and was prosecuted by Assistant United States Attorneys Delia Smith.
Three Marshalltown Methamphetamine Distributors Sentenced to Federal PrisonRead the Press Release
Three men who trafficked methamphetamine were sentenced June 12, 2018, each to more than twenty years in federal prison.
Juan Carlos Martinez, age 28, Manuel Fujarte, age 34, and John Minteer, age 45, all from Marshalltown, Iowa, received the prison terms after pleading guilty to conspiracy to distribute at least 500 grams of methamphetamine.
At their guilty pleas, Martinez, Fujarte, and Minteer admitted to conspiring to distribute ice methamphetamine, a highly pure, crystalized form of methamphetamine, throughout Northern Iowa. The conspiracy lasted between the fall of 2014 and the fall of 2016. Martinez, Fujarte, and Minteer were all responsible for distributing multiple ounces of ice methamphetamine to a network of drug customers.
Prior to his arrest and while on probation in Marshall County, Martinez obtained a stolen gun and went to a daycare in Pleasant Hill, Iowa, in an attempt to contact his ex-wife and child in violation of a no contact order. Police officers responded to the daycare. Martinez then brandished the gun and refused to drop it. An officer used a Taser on Martinez and he was taken into custody. Martinez was later convicted of assault while displaying a dangerous weapon and possession of a firearm as a felon in Polk County District Court.
Martinez, Fujarte, and Minteer were sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Martinez was sentenced to 252 months’ imprisonment, Fujarte was sentenced to 262 months’ imprisonment, and Minteer was sentenced to 234 months’ imprisonment. All three must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Martinez, Fujarte, and Minteer are being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case is being prosecuted by Assistant United States Attorney Lisa C. Williams as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement; the Mid-Iowa Task Force, comprised of the Marshalltown Police Department, Marshall County Sheriff’s Office, Tama County Sheriff’s Office, Grundy County Sheriff’s Office, Hardin County Sheriff’s Office, Iowa Falls Police Department, Eldora Police Department and the Dysart Police Department; and the Tri-County Drug Task Force, comprised of the Waterloo Police Department, Black Hawk County Sheriff’s Office, Cedar Falls Police Department, LaPorte City Police Department, Hudson Police Department, Evansdale Police Department, University of Northern Iowa Police Department, Waverly Police Department and the Bremer County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-2022.
Follow us on Twitter @USAO_NDIA.
Three Jackson Men and Honduran Man Plead Guilty to Meth ConspiracyRead the Press Release
Jackson, Miss. – Three Jackson men and a Honduran man entered guilty pleas this week before U.S. District Judge William H. Barbour, Jr., to drug conspiracy charges, announced U.S. Attorney Mike Hurst and Drug Enforcement Administration (DEA) Assistant Special Agent in Charge J. Derryle Smith.
Allen Sims, 41, of Jackson, pled guilty to conspiracy to possess with the intent to distribute 500 grams or more of a detectable amount of methamphetamine and 50 grams or more of actual methamphetamine. From November 2015 to February 2016, Sims arranged the purchase and delivery of more than 30 kilograms of methamphetamine from a source of supply in Mexico.
Vincent Taylor McGee, 30, of Jackson, pled guilty to conspiracy to possess with the intent to distribute 500 grams or more of a detectable amount of methamphetamine. In November 2015, McGee picked up 1 kilogram of a detectable amount of methamphetamine from a Mexican source of supply in Atlanta and delivered it to a co-conspirator in Jackson.
Keith Mullen, 46, of Jackson, pled guilty to conspiracy to possess with the intent to distribute 50 grams or more of methamphetamine. From November 2015 to February 2016, and while in federal prison at Yazoo City, Mississippi, Mullen assisted co-conspirators in arranging the purchase and delivery of 30 kilograms of methamphetamine from a source of supply in Mexico. The drugs were intended for distribution in Central Mississippi.
Jose Pacheco, 41, from Honduras, pled guilty to conspiracy to possess with the intent to distribute 500 grams or more of a detectable amount of methamphetamine. In November 2015, Pacheco assisted co-conspirators in arranging the purchase and delivery of 1 kilogram of methamphetamine from a source of supply in Mexico.
This case is the result of an extensive investigation, dubbed "Rock Bottom" which began as an operation targeting illegal narcotics distribution in Central Mississippi involving the distribution of cocaine, crack and methamphetamine.
The defendants will be sentenced by Judge Barbour on September 11, 2018, beginning at 9:30 a.m. They each face a maximum penalty of life in prison and a $10 million fine.
The case was investigated by the Drug Enforcement Administration, the Mississippi Bureau of Narcotics, and the Bureau of Alcohol Tobacco Firearms and Explosives with assistance from the U.S. Marshals Service, FBI, Hinds County Sheriff’s Office, Ridgeland Police Department, Jackson Police Department, Mississippi Highway Patrol, Madison County Sheriff’s Office, Brandon Police Department, Rankin County Sheriff’s Office, Mississippi Department of Corrections, Pearl Police Department, Flowood Police Department, U.S. Customs and Border Protection, and the DEA - Houston Field Division. The case is being prosecuted by Assistant United States Attorney Chris Wansley.
Three Aliens Indicted on Illegal Reentry ChargesRead the Press Release
GREENVILLE – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Greenville has returned indictments charging AQUILEO PEREZ-PINEDA, age 48, of Mexico, ABEL RAMIREZ-URIBE, age 33, of Mexico, and PEDRO VICENTE SANCHEZ-JOVEL, age 34, of Guatemala, with Illegal Reentry of a Deported Alien.
If convicted of Illegal Reentry of a Deported Alien, PEREZ-PINEDA, found in Harnett County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of Illegal Reentry Subsequent to a Felony Conviction (possession of a controlled substance), RAMIREZ-URIBE, found in Robeson County, and previously deported twice, would face a maximum imprisonment term of 10 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of Illegal Reentry Subsequent to an Aggravated Felony (conspiracy to possess with intent to distribute in excess of 50 grams of methamphetamine and possession with intent to distribute in excess of five grams of methamphetamine), SANCHEZ-JOVEL, found in Wake County, and previously deported twice, would face maximum penalties of 20 years imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The cases are being investigated by ICE’s Enforcement and Removal Operations.
Thornton Man to Spend over 11 Years in Federal Prison for Cocaine TraffickingRead the Press Release
DENVER – Thornton resident Carlos Fernandez-Barron, age 38, has been sentenced to serve 135 months (11 years and 3 months) in federal prison for cocaine trafficking, U.S. Attorney Bob Troyer and DEA Denver Division Special Agent in Charge William “Tim” McDermott announced. The sentence was handed down by U.S. District Court Judge Raymond P. Moore on June 8, 2018. After serving his prison sentence, Fernandez-Barron will serve an additional 5 years on supervised release. The defendant appeared at the sentencing hearing in custody, and was remanded at its conclusion.
The defendant and seven others were indicted by a federal grand jury in Denver on September 3, 2015. A superseding indictment was obtained on May 2, 2016. Of the seven individuals indicted, five pled guilty and were sentenced for their crimes, and two defendants – including Fernandez-Barron -- went to trial and were found guilty. In total, all seven defendants were sentenced to over 550 months combined for their cocaine trafficking.
At trial, the government introduced evidence showing that Fernandez-Barron was a Denver-based member of a sophisticated cocaine trafficking conspiracy, which was responsible for sending hundreds of kilograms of cocaine to Colorado and millions of dollars in proceeds back to Chihuahua, Mexico. The defendant helped unload cocaine from hidden compartments in vehicles, distribute it in the Denver metro area, and then collect proceeds to return to Mexico. On March 19, 2018, a Denver jury convicted Fernandez-Baron of conspiring with others to distribute and possess with the intent to distribute five kilograms or more of cocaine. The jury also convicted Fernandez-Baron of personally distributing or possessing with the intent to distribute five kilograms or more of cocaine.
“Colorado law enforcement partnerships are the national gold standard,” said U.S. Attorney Bob Troyer. “Thanks to them, it remains a foolish decision for drug trafficking organizations to set up shop here.”
“This case is a great representation of how the DEA and our law enforcement partners target major drug trafficking organizations responsible for the importation and distribution of hundreds of kilograms of cocaine into our community,” said DEA Denver Division Special Agent in Charge McDermott. “This case was successful due to partnerships between the DEA and the Task Force Officers of the multiple law enforcement agencies that make up the Front Range Task Force; including the Denver Police Department, Douglas County Sheriff’s Office, Colorado Bureau of Investigation, Aurora Police Department, Arapahoe County Sheriff’s Office, 18th Judicial District, Mountain View Police Department, and Homeland Security Investigations (ICE).”
In addition to Fernandez-Barron, Lucio Ivan Lozano was sentenced to 180 months (15 years) in prison; Edgar Rene Mier-Garces was sentenced to 178 months (nearly 15 years) in prison; Keneth Molina-Villalobos was sentenced to serve 120 months (10 years) in prison; Jose Lara-Gallegos was sentenced to 84 months (7 years) in prison; Jose Delores Licon-Gallegos was sentenced to serve time served; and Martha Patricia Mota was sentenced to serve 15 months (1.25 years).
This case was investigated by the Rocky Mountain High Intensity Drug Trafficking Area’s Front Range Task Force, which includes agents from the Drug Enforcement Administration, Denver Field Division, with assistance from the other law enforcement agencies listed above. Assistant United States Attorney Peter McNeilly and Special Assistant United States Attorney Wayne Paugh prosecuted this matter for the United States.
Texas Man Sentenced to over Six Years in Prison for Cocaine and Marijuana ConspiracyRead the Press Release
Gulfport, MS – Juan Luis Cantu a/k/a "Flaco," age 24, of La Joya, Texas, was sentenced today by U.S. District Judge Sul Ozerden to 74 months in federal prison, followed by 5 years of supervised release, for conspiracy to possess with intent to distribute a controlled substance, announced U.S. Attorney Mike Hurst and Drug Enforcement Administration (DEA) Assistant Special Agent in Charge J. Derryle Smith. Cantu was also ordered to pay a $3,000 fine.
On February 20, 2018, Cantu pled guilty to conspiring to possess with intent to distribute 500 grams or more of cocaine and 100 kilograms or more of marijuana. During its investigation into Cantu, the DEA learned from a cooperating source that Cantu was a source of supply for cocaine and marijuana on the Mississippi Gulf Coast. Cantu was identified by multiple sources, and said to be instrumental in introducing individuals to each other for the purposes of assisting in the distribution of at least 500 grams of cocaine and 100 grams of marijuana.
The case was investigated by the Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Kathlyn R. Van Buskirk.
Texas Man Sentenced for Transporting MarijuanaRead the Press Release
Gulfport, Miss. – Carlos Orozco, 24, of Socorro, Texas, was sentenced today by United States District Judge Sul Ozerden, to serve 7 months in federal prison, followed by 6 months home confinement and three years of supervised release, for using the interstate to travel in aid of an unlawful activity, specifically distribution of marijuana, announced U.S. Attorney Mike Hurst and Drug Enforcement Administration Assistant Special Agent in Charge J. Derryle Smith. Orozco was also ordered to pay a $5,500 fine. He pled guilty to the charge on February 21, 2018.
On April 6, 2017, a Gulfport Police Criminal Interdiction Officer stopped a vehicle being driven by Victor Alfonso Legarda for a traffic violation. Orozco was a passenger in the vehicle. Upon inquiry by the officer, he learned that Legarda had previously been arrested for marijuana seizures and the vehicle had crossed the United States/Mexico Border the day before the stop. The officer was provided consent to search the vehicle, and during his search, he located numerous vacuum-sealed bags of marijuana throughout the vehicle. In total, the officer located 100 packages that had a gross weight of 55.05 kilograms.
Victor Alfonso Legarda pled guilty on January 19, 2018, to using the interstate to travel in aid of an unlawful activity. He was sentenced to 25 months in prison followed by 3 years of supervised release and ordered to pay a $3,000 fine.
The case was investigated by the Drug Enforcement Administration and the Gulfport Police Department. It was prosecuted by Assistant United States Attorney Kathlyn Van Buskirk.
Tennessee Man is Sentenced for Committing a Federal Gun CrimeRead the Press Release
BECKLEY, W.Va. – A Tennessee man was sentenced today for committing a federal gun crime, announced United States Attorney Mike Stuart. Marvin Dunigan, 46, of Johnson City, previously entered a guilty plea to being a felon in possession of a firearm and was sentenced to 46 months in federal prison. U.S. Attorney Stuart commended the investigation of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Beckley Police Department.
“A convicted felon and repeat violator of federal gun laws,” said United States Attorney Mike Stuart. “Guys like Dunigan aren’t supposed to have firearms for a reason. He was fully aware of the prohibition and now he’ll serve almost 4 years in a federal pen because he chose not to follow the law.”
Dunigan admitted that on August 16, 2016, he possessed a Cobra Model C32, .32 caliber firearm in Beckley. Dunigan was prohibited from possessing a firearm under federal law because of a 2010 felony conviction in the United States District Court for the Eastern District of Tennessee, his first conviction for being a prior felon in possession of a firearm.
United States District Judge Irene C. Berger 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.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Toppenish Woman Sentenced to over 29 Years Imprisonment for Second Degree Murder and Discharging a Firearm During a Crime of ViolenceRead the Press Release
Spokane– Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Jennifer Joyce Douglas, age 37, of Toppenish, Washington, was sentenced after having pleaded guilty on February 16, 2018, to second degree murder and discharging a firearm during a crime of violence. United States District Judge Salvador Mendoza, Jr. sentenced Douglas to a 235-month term of imprisonment for second degree murder and a consecutive 120-month term of imprisonment for discharging a firearm during a crime of violence, to be followed by a five year term of court supervision following release from federal prison. Judge Mendoza also ordered Douglas to pay the surviving victim and deceased victim’s family $282,007.00 in restitution.
According to information disclosed during court proceedings, Yakama Nation police officers and deputies with the Yakima County Sheriff’s Office responded to a residence in Wapato, Washington, after receiving a 911 call. In one bedroom, officers saw an unconscious victim with multiple gunshot wounds on the floor. This person showed signs of life, and was transported to the hospital. In another bedroom, officers found a deceased victim shot in the face. It appeared to be an execution-style killing because of the medical examiner’s findings that the firearm had been discharged within close proximity of the victim. As officers investigated the crime scene, they also determined someone had discharged a firearm at the water heater, causing flooding in the residence.
A short time later, a police officer initiated a traffic stop on a vehicle driven by Douglas, but registered to one of the victims. Douglas told the officer she borrowed the vehicle the previous day. She appeared to be under the influence of drugs. Douglas was arrested and booked into the Yakima County Jail. The next day, when interviewed by FBI agents, Douglas admitted shooting both victims. Douglas stated it was a blur, and “I don’t know why I did it.” The motive for the shootings is unclear.
United States Attorney Harrington said, “This case is an example of the superb work that can be accomplished when federal, state, tribal and local law enforcement work together. The United States Attorney’s Office for the Eastern District of Washington, the Federal Bureau of Investigation, and the Yakama Nation Tribal Police Department, Yakima County Sheriff’s Office, and Wapato Police Department are committed to investigating and prosecuting violent crimes occurring in the exterior boundaries of the Yakama Nation.”
This case was investigated by the Federal Bureau of Investigation, Yakama Nation Tribal Police Department, Yakima County Sheriff’s Office, and Wapato Police Department. The case was prosecuted by Meghan McCalla and Thomas Hanlon, Assistant United States Attorneys for the Eastern District of Washington.
Statement of United States Attorney Mike Stuart Regarding the Department of Justice's Place to Worship InitiativeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement regarding the Department of Justice’s Place to Worship Initiative:
“America needs more faith not less. This U.S. Attorney will protect the rights of all citizens in the public exercise of religious beliefs including worship or prayers at public events,” said United States Attorney Mike Stuart. “I am prepared to protect the free exercise of religion including a tradition pre-game prayer. This is a fundamental right of every American.”
Please see the press release below for more information about the Place to Worship Initiative.
Follow us on Twitter: @SDWVNews and @USAttyStuart
FOR IMMEDIATE RELEASE
WEDNESDAY, JUNE 13, 2018
DEPARTMENT OF JUSTICE ANNOUNCES PLACE TO WORSHIP INITIATIVE
WASHINGTON – The Department of Justice today announced the “Place to Worship Initiative,” which will focus on protecting the ability of houses of worship and other religious institutions to build, expand, buy, or rent facilities—as provided by the land use provisions of the Religious Land Use and Institutionalized Persons Act (RLUIPA).
In announcing the initiative, Attorney General Sessions provided the following statement:
“The Constitution doesn't just protect freedom to worship in private—it protects the public exercise of religious belief, including where people worship together," Attorney General Sessions said. "Under the laws of this country, government cannot discriminate against people based on their religion--not in law enforcement, not in grant-making, not in hiring, and not in local zoning laws. President Trump is an unwavering defender of the right of free exercise, and under his leadership, the Department of Justice is standing up for the rights of all Americans. By raising awareness about our legal rights, the Place to Worship Initiative will help us bring more civil rights cases, win more cases, and prevent discrimination from happening in the first place."
The Department will work with the United States Attorney’s Offices to strengthen awareness of the land use provisions of RLUIPA by: hosting community outreach events across the country, educating municipal officials and religious organizations about RLUIPA’s requirements, and providing additional training and resources for federal prosecutors. The first community outreach event under the initiative will be held on June 25, in Newark, New Jersey, led by the U.S. Attorney’s Office for the District of New Jersey.
The Department today is also launching a new web page, including an information page and easily accessible complaint portal, a new Q and A document on RLUIPA, and other materials. In addition, the Department has created a new RLUIPA tool kit for Department lawyers working on RLUIPA cases, and is holding a webinar on June 26 for providing training and resources for U.S. Attorney’s offices.
RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. Specifically, RLUIPA bars land use regulations that impose a substantial burden on religious exercise without a compelling justification, requires governments to treat houses of worship as favorably as nonreligious assemblies, and bars governments from discriminating among religions and from totally or unreasonably excluding houses of worship.
The Justice Department also announced today that it brought a RLUIPA complaint against the Borough of Woodcliff Lake and the Woodcliff Lake Zoning Board of Adjustment in New Jersey.
Persons who believe their rights under RLUIPA have been violated may contact the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339 or the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743.
More information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/rluipa.
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St. Thomas Man Indicted for Disaster Fraud and Wire Fraud Stemming from Theft of FEMA Relief MoneyRead the Press Release
St. Thomas, USVI – United States Attorney Gretchen C.F. Shappert for the District of the Virgin Islands announced today that Teron Stevens, 27, of St. Thomas, was indicted on Friday, June 8, 2018, by a federal grand jury charging him with one count of Disaster Fraud and one count of Wire Fraud, in relation to Hurricane Irma Federal Emergency Management Agency (FEMA) disaster relief funds.
According to the indictment, in September of 2017, Stevens applied to FEMA for disaster relief by falsely claiming to be a homeowner of a property damaged by Hurricane Irma. As a result, Stevens received over $27,000 in FEMA assistance to which he was not entitled. If convicted, Stevens faces a maximum sentence of not more than 30 years in prison, and a fine of up to $1,000,000.
On September 6, 2017, Hurricane Irma struck the United States Virgin Islands. In response, on September 7, 2017, President Donald J. Trump issued a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121 et seq. (the "Stafford Act"), for the Virgin Islands. As a result of this declaration, FEMA was authorized to provide assistance to affected residents of St. Thomas and St. John through FEMA’s Individuals and Households Program.
This case is part of the United States Attorney’s Disaster Fraud Task Force, which was announced in October 2017. Members of the public who suspect fraud involving disaster relief efforts, or believe they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll free at (866) 720-5721. The telephone line is staffed by a live operator 24 hours a day, 7 days a week. You can also fax information to the Center at (225) 334-4707, or email it to [email protected]. Learn more about the Department of Justice’s National Center for Disaster Fraud at http://www.justice.gov/disaster-fraud.
This case is being investigated by the United States Department of Homeland Security-Office of the Inspector General, and is being prosecuted by Assistant United States Attorneys Meredith J. Edwards and Mervin A. Bourne, Jr.
United States Attorney Shappert reminds the public that an indictment is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty.
South Dakota Man Sentenced for Threats to InjureRead the Press Release
United States Attorney Ron Parsons announced that a South Dakota man convicted of Interstate Communications with Threat to Injure was sentenced on June 11, 2018, by U.S. District Judge Roberto A. Lange.
Graham Garnos, age 41, was sentenced to time served (37 months), 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Garnos was indicted by a federal grand jury on March 4, 2015. He pled guilty on March 19, 2018.
In 2007, Garnos was arrested on felony drug charges. Over the last few years, Garnos has called, left voicemail messages, sent e-mails, and posted things on Facebook and YouTube, all discussing his hostility towards the arresting officer.
On February 22, 2015, Garnos called the cell phone of the wife of the arresting officer, who did not answer. Garnos left a long voicemail to the victim, where he was threatening to kill the victim and her husband.
This case was investigated by the Federal Bureau of Investigation and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Somersworth Man Sentenced to 25 Years for Producing Child PornographyRead the Press Release
CONCORD - Matthew Felton, 38, of Somersworth, was sentenced to serve 25 years in federal prison followed by lifetime supervised release for production of child pornography, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, the defendant used several social media accounts to disguise his identity, pose as a female representative of a modeling agency, and solicit sexually explicit photographs of young girls purportedly to help them secure modeling contracts. Specifically, he persuaded three girls (ages 12 through 14), all of whom were located in Canada, to photograph themselves engaging in sexually explicit conduct. The girls sent the photographs to the defendant over the Internet.
Felton pleaded guilty on January 18, 2018.
“The defendant’s conduct here justified this long prison sentence,” said U.S. Attorney Murray. “On-line predators such as this defendant cause substantial harm to their young victims and must be incarcerated in order to protect the public. We will continue to work closely with our law enforcement partners to identify and prosecute those who use the Internet to victimize children in order to produce and distribute child pornography.”
“This case was a great example of what strong coordination among federal, state, and local law enforcement and prosecutors can achieve in combatting the scourge of child pornography and child endangerment from those who would engage in such depraved acts”, said Michael Shea, Acting Special Agent–In -Charge, Homeland Security Investigations (HSI), Boston. “HSI is committed to ensuring that justice is delivered against these type of predators.”
This matter was investigated by Homeland Security Investigations, the New Hampshire Internet Crimes Against Children Task Force, and law enforcement authorities in Canada. The case was prosecuted by Assistant U.S. Attorney Georgiana L. Konesky.
In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s 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 www.projectsafechildhood.gov.
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Silver Spring Man Pleads Guilty to Sex Trafficking of Two MinorsRead the Press Release
Baltimore, Maryland – Roland Chick Akum, age 25, formerly of Silver Spring, Maryland, pleaded guilty on June 12, 2018, to two counts of sex trafficking of a minor.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); and Chief Hank Stawinski of the Prince George’s County Police Department.
According to his plea agreement, between June and August 2017, Akum, a/k/a “Rayne,” transported two minor females, 15 and 17 years old, respectively, to a motel in College Park, Maryland, in order to engage in commercial sex acts. Akum used Backpage, a website that marketed commercial sex, to advertise the girls and kept a portion of the proceeds that customers paid the girls for commercial sex acts. On July 7, 2017, the 15-year-old girl left Akum and the hotel and contacted law enforcement authorities. Akum continued to traffic the 17-year-old girl until he was arrested on August 10, 2017, as part of an undercover operation targeting Backpage, and was released on bond the following day.
On September 30, 2017, Akum, who is a citizen of Cameroon, purchased a one-way ticket from Dulles International Airport to Cameroon, scheduled to depart on October 12, 2017. Akum was arrested again on October 3, 2017, and remains in custody.
As part of his plea agreement, Akum will be required to register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
Akum faces a mandatory minimum sentence of 10 years in prison and up to life in prison, followed by up to lifetime of supervised release for each count of sex trafficking of a minor. U.S. District Judge Catherine C. Blake has scheduled sentencing for September 18, 2018 at 9:15 a.m.
This case was investigated by the Maryland Human Trafficking Task Force, formed in 2007 to discover and rescue victims of human trafficking while identifying and prosecuting offenders. Members include federal, state and local law enforcement, as well as victim service providers and local community members. For more information about the Maryland Human Trafficking Task Force, please visit http://www.justice.gov/usao/md/priorities_human.html.
Report suspected instances of human trafficking to HSI's tip line at 866-DHS-2ICE (1-866-347-2423) or by completing its online tip form. Both are staffed around the clock by investigators.
United States Attorney Robert K. Hur commended HSI and the Prince George’s County Police Department for their work in the investigation and thanked the Prince George’s County State’s Attorney Angela Alsobrooks and Chief Tim Altomare of the Anne Arundel County Police Department for their assistance. Mr. Hur thanked Assistant U.S. Attorneys Zachary A. Myers and Ray D. McKenzie, who are prosecuting the case.
President of New Jersey Clinical Laboratory and His Brother, A Senior Employee, Sentenced to Prison in $100m+ Test Referral/Bribery SchemeRead the Press Release
NEWARK, N.J. – The president of Parsippany, New Jersey-based Biodiagnostic Laboratory Services LLC (BLS) and his brother – a senior employee at the now-defunct company – were sentenced today to federal prison terms for their respective roles in a conspiracy in which millions of dollars in bribes were paid to physicians for blood sample referrals worth more than $100 million to the company, U.S. Attorney Craig Carpenito announced.
David Nicoll, 44, of Mountain Lakes, New Jersey, was sentenced to 72 months in prison; Scott Nicoll, 37, of Wayne, New Jersey, was sentenced to 43 months in prison. Each defendant had previously pleaded guilty before U.S. District Judge Stanley R. Chesler to an information charging one count of conspiracy to violate the Anti-Kickback Statute and the Federal Travel Act and one count of money laundering. Judge Chesler imposed the sentences today in Newark federal court.
“Today, the president of a diagnostic lab company and his brother were sentenced for their leading roles in a scam that led to one of the largest ever prosecutions of medical professionals in a bribery case,” U.S. Attorney Carpenito said. “Medical referrals from a doctor should be based on what’s in the patient’s best interest, not on how much money the doctor is offered in kickbacks. The number of doctors and medical professionals sent to prison in this case should make that message abundantly clear.”
The investigation has resulted in the convictions of 53 defendants – 38 of them of doctors – in connection with the bribery scheme, which its organizers have admitted involved millions of dollars in bribes and resulted in more than $100 million in payments to BLS from Medicare and various private insurance companies. It is believed to be the largest number of medical professionals ever prosecuted in a bribery case. The investigation has recovered more than $15 million through forfeiture. On June 28, 2016, BLS, which is no longer operational, pleaded guilty and was required to forfeit all of its assets.
“The FBI views health care fraud as a severe crime problem that impacts every American,” FBI Special Agent in Charge Gregory W. Ehrie said. “Fraud and abuse take critical resources out of our health care system, and contribute to the rising cost of health care for everyone. Today’s sentencing of David Nicoll and his brother Scott Nicoll are the result of a multi-agency investigation into a complex health care fraud scheme, requiring substantial investigative resources. The FBI, with its law enforcement partners, will continue to allocate a significant amount of expert resources to investigate these crimes and prosecute all those that are intent in defrauding the American public.”
“These two individuals masterminded an elaborate health care fraud scheme based on nothing more than greed,” Scott J. Lampert, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services, said. “We trust that the work with our law enforcement partners – especially the U.S. Attorney’s Office, FBI, IRS, and Postal Inspection Service – will send a clear message and dissuade individual health ‘professionals’ from making such corrosive schemes possible.”
According to documents filed in this case and statements made in court:
On April 9, 2013, federal agents arrested BLS president and part owner, David Nicoll; Scott Nicoll, a senior BLS employee and others, who were charged by complaint with bribery conspiracy, along with the BLS company. The conspiracy made millions in illegal profits between 2006 and April of 2013. David and Scott Nicoll admitted that BLS made substantially more than $100 million from Medicare and private insurance companies – just from bills related to blood specimens sent to BLS by bribed doctors.
BLS paid doctors millions of dollars – in cash or under the guise of sham lease, service, and consulting agreements through an elaborate network of shell entities used for that purpose. The defendants also admitted that one component of the bribery scheme was to pay some doctors a fee per test to induce them to increase their ordering of certain tests.
“Health care fraud of this magnitude cannot be tolerated, and today’s sentencings are the direct result of the tremendous investigative skills of all the participating law enforcement agencies,” Bryant Jackson, Acting Special Agent in Charge, IRS - Criminal Investigation, Newark Field Office, said. “IRS - Criminal Investigation is proud to have been a part of this investigative team that helped to bring down and dismantle this massive health care conspiracy.”
“Throughout the course of this long-running investigation, Postal Inspectors, federal prosecutors and our law enforcement partners have diligently worked to unravel this elaborate bribery conspiracy,” Acting Inspector in Charge Judy Ramos of the U.S. Postal Inspection Service said. “Although, the final defendants in this matter face sentencing today, Postal Inspectors will continue to tirelessly investigate complex fraud schemes that target consumers and businesses through the U.S. Mail.”
In addition to the prison terms, Judge Chesler sentenced the Nicolls to one year of supervised release.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Ehrie; U.S. Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Lampert; IRS–Criminal Investigation, under the direction of Acting Special Agent in Charge Jackson, and inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Ramos, with the investigation leading to today’s sentencings.
The government is represented by Senior Litigation Counsel Joseph N. Minish; Assistant U.S. Attorney Danielle Alfonzo Walsman, Co-Chief of the Public Protection Unit; Jacob T. Elberg, Chief of the U.S. Attorney’s Office Health Care and Government Fraud Unit in Newark; and Senior Litigation Counsel Barbara Ward of the office’s Asset Recovery and Money Laundering Unit.
Defense counsel:
David Nicoll: John C. Whipple Esq., Chatham, New Jersey
Scott Nicoll: Timothy M. Donohue Esq., West Orange, New JerseyPittsburgh Woman Sentenced to Probation with Home Confinement for Operating a Forged Prescription RingRead the Press Release
PITTSBURGH, Pa – An Allegheny County resident has been sentenced in federal court to 54 months probation, with 11 months of home confinement, and ordered to pay $3,434 in restitution on her conviction of conspiracy to commit offenses against the United States, United States Attorney Scott W. Brady announced today.
United States District Judge Mark R. Hornak imposed the sentence on Tynesha Renee Dorsey, 46, of Pittsburgh, PA.
According to information presented to the court, Dorsey, and two codefendants operated a forged prescription ring. Prescriptions were forged with the names, DEA numbers, medical license numbers, and signatures of real medical doctors. The prescriptions, most of which were forged for oxycodone and Percocet, were filled at a large number of Western Pennsylvania pharmacies and primarily paid for with Medicaid funds. The fraudulently obtained prescription pills were then sold on the street for substantial profit.
Assistant United States Attorney Robert S. Cessar prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation, Drug Enforcement Administration, Pittsburgh Bureau of Police, Brentwood Police Department, Mt. Pleasant Police Department and Bellevue Police Department for the investigation leading to the successful prosecution of Dorsey.
Philadelphia, Pennsylvania, Man Sentenced to 60 Months for Cocaine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Angel Vega, age 44, of Philadelphia, Pennsylvania, was sentenced to 60 months imprisonment and 3 years supervised release for Possession With Intent To Distribute Cocaine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A) and Title 18, United States Code, Section 2. The charges arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration.
The Indictment alleges that on or about October 16, 2017, within the Eastern District of Oklahoma, the defendant did knowingly and intentionally possess with intent to distribute 5 kilograms or more of a mixture or substance containing a detectable amount of cocaine a Schedule II controlled substance.
United States Attorney Brian J. Kuester said, “Because of the diligent efforts of the Oklahoma Highway Patrol and the DEA, hundreds of thousands of dosage units of illegal narcotics were prevented from reaching their intended destination and a drug trafficking organization was disrupted. I commend the law enforcement agents and the members of this office for their work and continued dedication to public safety.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Dean Burris represented the United States. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served.
Philadelphia Man Charged with Possession of Firearm by a Convicted FelonRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced today that Nafis Mullins, 26, of Philadelphia, has been charged by indictment with possession of a firearm by a convicted felon.
According to the indictment, on May 1, 2018, Mullins was in possession of a Glock, Inc., Model 22, .40 caliber semiautomatic pistol, s/n YC689US, loaded with 16 live rounds of ammunition.
If convicted, Mullins faces a minimum term of fifteen years in prison, up to five years of supervised release, a $250,000 fine, and a $100 special assessment.
The case was investigated by the Philadelphia Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Katherine E. Driscoll.
Pennsylvania Man Sentenced to Federal Prison for Robbery He Committed with Former Member of the Baltimore Police Department’s Gun Trace Task ForceRead the Press Release
Baltimore, Maryland – United States District Judge Catherine C. Blake sentenced Thomas Robert Finnegan, age 38, of Easton, Pennsylvania, today to 102 months in prison, followed by three years of supervised release, for robbery and brandishing a firearm in furtherance of a crime of violence stemming from a 2014 robbery of a Baltimore city couple. Co-defendant David Kendall Rahim, age 42, of Baltimore, Maryland, was sentenced on March 9, 2018, to five years in prison. Judge Blake also ordered both men to pay $20,000 in restitution to the victims.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office.
Rahim’s cousin, Detective Jemell Lamar Rayam, a former member of the Baltimore Police Department’s Gun Trace Task Force (GTTF), was also charged in the robbery. On October 10, 2017, Rayam, age 38, of Owings Mills, Maryland, pleaded guilty to the robbery, as well as racketeering conspiracy and overtime fraud, and is awaiting sentencing.
According to the plea agreements of Finnegan and Rahim, on June 27, 2014, police officers with the GTTF, including Detective Rayam, executed a search warrant at a store that sold pigeons and birdseed. No illegal contraband or firearms were found at the location. The storeowners, a married couple, had $20,000 in cash at the store that they intended to use to pay off tax liabilities owed on two homes.
After the search, Rayam told Finnegan and Rahim about the money and agreed to rob the couple at their residence later that evening. Using a law enforcement database, the former GTTF detective located the home address of the victims. The defendants surveilled the house, then Rayam gave Finnegan and Rahim BPD tactical gear to impersonate the police during the home invasion. Rayam remained outside in the vehicle so that he could intercept any police officers who responded to the home invasion by telling them that he was a BPD officer. Finnegan and Rahim entered the residence and robbed the victims at gunpoint of the $20,000. During the robbery, Finnegan pointed a gun at one of the victims and said to “sit still and be patient,” while Rahim looked on. Rahim, Finnegan, and Rayam split the proceeds.
United States Attorney Robert K. Hur commended the FBI for its work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Derek E. Hines and Leo J. Wise, who are prosecuting this Organized Crime Drug Enforcement Task Force case.