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27 July 2018
Boston Auto Body Shop Owner Charged with Tax FraudRead the Press Release
BOSTON – The owner of a Hyde Park auto body shop was charged today in federal court in Boston in connection with preparing false tax returns for his company, Automotive Specialties Inc.
Richard Poillucci, 62, of Easton, was charged by Information and has agreed to plead guilty to three counts of aiding the preparation of false tax returns.
According to the charging documents, Poillucci was the owner of Automotive Specialties Inc. (ASI), an auto body shop specializing in repairing high-end vehicles. Between Sept. 30, 2012 and Sept. 30, 2015, Poillucci cashed millions of dollars of checks from the business at check cashing establishments in Massachusetts and Rhode Island and willfully failed to report that income, or expenses that he paid for in cash with the proceeds from those checks, on ASI’s tax returns. As a result, Poillucci failed to report approximately $569,367 to the IRS, thereby avoiding the payment of approximately $215,552 in federal income taxes.
Each of the counts of aiding the preparation of false tax returns provides for a sentence of no greater than three years in prison, three years of supervised release and a fine of $250,000, or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorney Sara Miron Bloom of Lelling’s Economic Crimes Unit is prosecuting the case.
Biloxi Man Sentenced to 10 years in Federal Prison for Trafficking MethamphetamineRead the Press Release
Gulfport, Miss. – Antonio Michael Ross, 49, of Biloxi, was sentenced yesterday by U.S. District Judge Louis Guirola, Jr., to 120 months in federal prison, followed by 5 years of supervised release, for possessing with intent to distribute methamphetamine in D’Iberville, announced U.S. Attorney Mike Hurst and Jere T. Miles, Special Agent in Charge of Immigration and Customs Enforcement’s Homeland Security Investigations in New Orleans. Ross pled guilty on February 5, 2018, to one count of possession with intent to distribute methamphetamine.
On March 31, 2017, Ross approached a safety checkpoint in D’Iberville. As he approached the checkpoint, he took evasive action, which was observed by police officers. As a result, officers attempted to initiate a traffic stop. Ross did not immediately stop his vehicle, sped up and ran a stop sign. As he was fleeing, he threw a bag out of the vehicle which later was discovered to contain over 100 grams of pure methamphetamine.
The case was investigated by Homeland Security Investigations and prosecuted by Assistant U.S. Attorney John Meynardie.
Baltimore Man Pleads Guilty to Illegal Possession of A Machine GunRead the Press Release
Baltimore, Maryland – William Perkins, age 36, of Baltimore, pleaded guilty today to the illegal possession of a machine gun with an obliterated serial number.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Baltimore Field Division; and Interim Police Commissioner Gary Tuggle of the Baltimore Police Department (BPD).
According to Perkins’ plea agreement, on October 21, 2016, a Baltimore Police officer was conducting surveillance in the 1400 block of Mosher Street in Baltimore, when he saw Perkins. The officer saw that Perkins had a bulge in his clothing, consistent with the size of a firearm. When a marked BPD vehicle drove by the location, Perkins went into a city-owned, unoccupied home on Mosher Street. As BPD officers approached the building, they saw Perkins lean out a window and could see that Perkins had a pistol tucked into his pants. Officers entered the house and Perkins retreated to a bedroom in the back of the house, where an officer saw Perkins reach out the window. Perkins was arrested and officers recovered a pistol hidden in the back bedroom.
On October 27, 2016, Perkins placed a on call on a recorded line from jail and told the individual he was speaking with to return to the home and retrieve a firearm hidden outside the back bedroom window. BPD officers went to the home and retrieved a machine gun with an obliterated serial number from the roof area above the back bedroom window, where Perkins had described hiding the gun.
Perkins and the government have agreed that if the Court accepts the plea agreement, Perkins will be sentenced to 90 months in prison. U.S. District Judge Catherine C. Blake has scheduled sentencing for October 23, 2018.
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.
United States Attorney Robert K. Hur commended the ATF and the Baltimore Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Matthew DellaBetta, who is prosecuting the case.
Baltimore Man Facing Federal Indictment for Sexual Abuse on an AirplaneRead the Press Release
Baltimore, Maryland – A federal grand jury has returned an indictment charging Deo Mugabe, age 26, of Baltimore, Maryland, with fourth-degree sexual abuse on an aircraft, abusive sexual contact, and simple assault. The indictment was returned on July 3, 2018, and unsealed on July 25, 2018, upon the arrest of the defendant.
The indictment 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.
According to the three-count indictment, on May 29, 2018, Mugabe was seated next to the victim on a flight from Houston, Texas, to Baltimore. Mugabe and the victim were strangers. The indictment alleges that Mugabe engaged in sexual contact with the victim during the flight, knowing that the victim was incapable of declining participation or communicating unwillingness to engage in that sexual contact.
If convicted, Mugabe faces a maximum sentence of five years in prison for fourth-degree sexual abuse on an aircraft, a maximum of three years in prison for abusive sexual contact, and a maximum of one year in prison for simple assault. An initial appearance was held in U.S. District Court in Baltimore on July 25, 2018. Mugabe was released under the supervision of U.S. Pretrial Services.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Robert K. Hur commended the FBI for its work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Ayn B. Ducao, who is prosecuting the case.
Ardmore Man Pleads Guilty to Possession of Stolen FirearmRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jason Glen Willis, age 32, of Ardmore, Oklahoma, pled guilty to Felon In Possession Of Firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2); and to Possessing, Receiving And Concealing A Stolen Firearm, in violation of Title 18, United States Code, Sections 922(j) and 924(a)(2), each count punishable by not more than 10 years imprisonment, a fine up to $250,000.00 or both.
The Indictment alleged that on or about March 20, 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) Heritage Manufacturing, Inc., Model Rough Rider, .22 caliber revolver, serial number F76454, which had been shipped and transported in interstate commerce.The Indictment further alleged that on or about March 20, 2017, within the Eastern District of Oklahoma, the defendant, knowingly possessed, received and concealed a stolen firearm, to wit: One (1) Heritage Manufacturing, Inc., Model Rough Rider, .22 caliber revolver, serial number F76454, which had been shipped and transported in interstate commerce, knowing and having reasonable cause to believe the firearm was stolen.
The charges arose from an investigation by the Ardmore Police Department, the Murray County Sherriff’s Office, the Oklahoma Highway Patrol, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Dean Burris represented the United States.
Alabama man arrested in Lake Charles sentenced to 8 years in prison for trafficking cocaineRead the Press Release
LAKE CHARLES, La. – United States Attorney David C. Joseph announced that a man from Alabama was sentenced Thursday to 96 months in prison for trafficking cocaine in his vehicle.
Robert Tremaine Williams, 37, of Ozark, Alabama, was sentenced by U.S. District Judge Dee D. Drell on one count of possession with intent to distribute cocaine. He was also sentenced to four years of supervised release. According to the March 12, 2018 guilty plea, Calcasieu Parish Sheriff’s deputies conducted a traffic stop on September 9, 2014 in Lake Charles on Williams’ vehicle. During a search of his vehicle, officers found 1,267.01 grams of cocaine in the trunk.
Homeland Security Investigations and the Calcasieu Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney John Luke Walker prosecuted the case.
26 July 2018
Wyoming Nurse Charged with Unlawful Distribution of Controlled Substance and Unlawful Distribution of Controlled Substance Resulting in DeathRead the Press Release
U.S. Attorney Mark Klaassen announced today, in conjunction with the Drug Enforcement Administration (DEA), that Advanced Practice Registered Nurse Margaret Ann Easley appeared in federal court for an initial appearance on an Indictment charging three counts of Unlawful Distribution of Controlled Substances including Fentanyl, Oxycodone, Hydrocodone, Methadone, and Alprazolam, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)C) and 18 U.S.C. § 2(b), which each carry penalties of up to twenty years imprisonment, and two counts of Unlawful Distribution of Controlled Substance Resulting in Death, also in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)C) and 18 U.S.C. § 2(b), and which each carry potential penalties of up to life imprisonment.
"Drug diversion cases involving opioids are a priority for this office as part of national efforts to combat prescription drug abuse, particularly the rising tide of synthetic drug abuse involving fentanyl that can have such deadly consequences," said United States Attorney Mark Klaassen. "Along with DEA, we will continue to investigate and aggressively prosecute individual providers and prescribers who seek to profit from this illegal activity."
An Indictment is only an accusation. In every criminal case, the accused is presumed to be innocent until proven guilty, and the government always has the burden of proving guilt at trial beyond a reasonable doubt.
This case was investigated by the DEA Salt Lake City Diversion Group, DEA Casper Post of Duty, Wyoming Division of Criminal Investigation, the Fremont County Sheriff’s Office and the Lander Wyoming Police Department.
William McFarland Pleads Guilty in Manhattan Federal Court to Engaging in A Fraudulent Ticket Scam, Committing Bank Fraud, and Making False Statements to Federal Law Enforcement AgentRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that WILLIAM McFARLAND pled guilty today to one count of wire fraud, in connection with his operation of a sham ticket scheme in which he purported to sell tickets to exclusive fashion, music, and sporting events though NYC VIP Access, a company controlled by McFARLAND. McFARLAND also pled guilty to one count of bank fraud for writing a check with the name and account number of one of his employees without authorization, and one count of making false statements to a federal law enforcement agent in which he, among other things, falsely denied the wire fraud and bank fraud conduct to which he now has pled guilty. McFARLAND pled guilty before U.S. District Judge Naomi Reice Buchwald. During today’s plea proceeding, McFARLAND affirmed his previously entered guilty plea to one count of wire fraud in connection with a scheme to defraud investors in a company controlled by MCFARLAND, Fyre Media Inc. (“Fyre Media”), as well as its subsidiary (“Fyre Festival LLC”), which was formed to hold a music festival over two weekends in the Bahamas. McFARLAND also affirmed his previously entered guilty plea to one count of wire fraud in connection with a scheme to defraud a ticket vendor for the Fyre Festival. Sentencing is scheduled for September 17, 2018 at 3:30 p.m. before Judge Buchwald.
Manhattan U.S. Attorney Geoffrey S. Berman said: “William ‘Billy’ McFarland, CEO of Fyre Media, previously pled guilty to defrauding investors of Fyre Media and the infamous Fyre Festival and a ticket vendor of over $26 million. While that fraud case was pending, McFarland engaged in yet another scam, purporting to sell tickets through a company called NYC VIP Access to exclusive events, such as the 2018 Met Gala, Burning Man 2018, Coachella 2018, the 2018 Grammy Awards, and the Super Bowl. McFarland concealed his association with NYC VIP Access so that he could solicit customers of Fyre Festival and his other company Magnises to buy tickets without raising suspicion. These customers later learned that the tickets didn’t exist, and that this was just another fraud in McFarland’s disturbing pattern of deception. McFarland’s fraudulent schemes cost real people real money, and now he faces real time in federal prison for his crimes.”
According to the allegations in the Complaint and Superseding Information to which McFARLAND pled guilty, as well as statements made in court:
On March 6, 2018, McFARLAND pled guilty before Judge Buchwald to one count of wire fraud in connection with a scheme to defraud over 80 investors in Fyre Media and Fyre Festival LLC of over $24 million, and one count of wire fraud in connection with a scheme to defraud a ticket vendor for the Fyre Festival of $2 million, in the case captioned United States v. William McFarland, 17 Cr. 600 (NRB). In connection with that case, McFARLAND was on pretrial release from July 1, 2017, to June 12, 2018.
From at least in or about late 2017, up to and including at least in or about March 2018, McFARLAND owned and operated NYC VIP Access, a company based in New York, New York. NYC VIP Access purported to be in the business of obtaining and selling for profit tickets to various exclusive events such as fashion galas, music festivals, and sporting events, including the following events, among others: the 2018 Met Gala, Burning Man 2018, Coachella 2018, the 2018 Grammy Awards, Super Bowl LII, and a Cleveland Cavaliers game and team dinner with Lebron James. McFARLAND, while on pretrial release, perpetrated a scheme to defraud attendees of the Fyre Festival, former customers of Magnises (another company operated by McFARLAND), and other customers by soliciting them to purchase tickets from NYC VIP Access to these exclusive events when, in fact, no such tickets existed.
In furtherance of the fraudulent ticket scheme and to conceal his involvement in NYC VIP Access, McFARLAND took steps to make NYC VIP Access appear as it if were controlled and operated by other individuals. For example, in soliciting ticket sales, McFARLAND used an email account in the name of a then-employee (“Employee-1”) and a fake employee (the “Fake Employee”) to communicate with customers. In addition, McFARLAND did not personally meet or speak with customers. Instead, at the direction of McFARLAND, Employee-1 met and spoke with customers to solicit ticket sales. McFARLAND also directed Employee-1 to sign the contracts between NYC VIP Access and the customers for the sham ticket sales.
McFARLAND also took steps to conceal his receipt of the proceeds from the scheme. McFARLAND arranged for customer payments to be made by wire transfer, or through a payment processor, to bank accounts to which McFARLAND or his associates had access, including bank accounts belonging to Employee-1 and McFARLAND’s driver (the “Driver”). Alternatively, McFARLAND used mobile payment service accounts belonging to other NYC VIP Access employees to receive customers’ payments for tickets. Employee-1, the Driver and other NYC VIP Access employees then provided the ticket sale proceeds to McFARLAND in cash. After McFARLAND induced customers to pay for the tickets, McFARLAND either did not provide tickets at all, or did not provide tickets as advertised. Altogether, McFARLAND obtained approximately $150,000 in fraudulent ticket sales from at least 30 customer-victims of NYC VIP Access.
In or about March 2018, McFARLAND provided a forged check in the name of Employee-1 to the Driver, which the Driver attempted to deposit into the Driver’s bank account and would have resulted in the unauthorized withdrawal of funds from Employee-1’s bank account.
On or about June 20, 2018, in an in-person interview with a federal law enforcement agent about his involvement in NYC VIP Access, McFARLAND falsely stated, among other things, that (i) McFARLAND did not think that he would defraud customers from his prior businesses, Magnises and Fyre Festival, when he solicited them to buy tickets for NYC VIP Access; and (ii) Employee-1 authorized McFARLAND to write a check from Employee-1’s bank account for $25,000 in the name of Employee-1 to the Driver for the Driver to deposit into the Driver’s bank account.
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McFARLAND, 26, of New York, New York, pled guilty to one count of wire fraud while on pretrial release, which carries a maximum sentence of 30 years in prison, one count of bank fraud while on pretrial release, which carries a maximum sentence of 40 years in prison, and one count of making false statements, which carries a maximum sentence of 5 years in prison. McFARLAND also affirmed his previously entered guilty plea to two counts of wire fraud, each of which carries a maximum sentence of 20 years in prison. In connection with his previously entered plea, McFARLAND agreed to forfeit $26,040,099.48. In connection with today’s guilty plea, McFARLAND agreed to forfeit an additional $151,206.80.
The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by Judge Buchwald.
Mr. Berman praised the investigative work of the FBI’s New York Field Office.
The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant United State Attorney Kristy J. Greenberg is in charge of the prosecution.
Wildlife Trafficker Sentenced to Prison for Selling Migratory BirdsRead the Press Release
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, David Pharo, Resident Agent in Charge, United States Fish & Wildlife Service (USFWS), Alfredo Escanio, Major/Regional Commander, Florida Fish & Wildlife Conservation Commission (FWC), Division of Law Enforcement, Southern B Region, and Martin G. Wade, Director, Customs and Border Protection (CBP) Air and Marine Operations, Miami Air and Marine Branch, announced that Hovary Muniz, 41, of Miami, was sentenced to prison on July 23, 2018, for knowingly selling and offering for sale, migratory birds, that is, approximately seven Yellow-faced Grassquits (Tiaris olivaceus) and a Lazuli Bunting (Passerina amoena), in violation of Title 16, United States Code, Sections 703, 706, 707(b)(2) and (d), and Title 18, United States Code, Section 2.
Muniz has been sentenced to a total of 15 months in prison for criminal offenses involving migratory birds. Muniz was sentenced by U.S. District Court Judge Ursula Ungaro to 7 months in prison, to be followed by 1 year of supervised release, for selling and offering the migratory birds for sale (Case No. 18-CR-20335). This sentence will run consecutive to a probation violation term of 8 months in prison, imposed by U.S. District Court Judge James I. Cohn, in a separate matter involving migratory birds (Case No. 16-CR-20183).
According to the charges, statements in court, and a Factual Statement executed by the parties, from February 2017 through February 2018, while on federal probation, Muniz offered for sale and sold migratory birds. On five separate occasions an internet user, with the profile name “Hovary Toqui Muniz” (determined to be Muniz), placed posts on a private Facebook group chat site, containing photos of either Yellow-faced Grassquits or a Lazuli Bunting with commentary offering the various birds for sale, with prices up to $400. In addition to other conduct, Muniz also offered to sell a Blue Grosbeak imported from Cuba for $1,000.
At the time of his criminal conduct, Muniz was on probation for a separate offense involving migratory birds. In January 2016, Muniz was intercepted at Miami International Airport, after returning to the United States aboard a flight originating in Havana, Cuba. In a CBP Entry Declaration he claimed he was carrying no birds or other wildlife, and repeated that claim when questioned by CBP Officers. In a subsequent pat-down, CBP officers found that Muniz was in fact carrying plastic tubes concealed in his underwear and in a fanny pack, containing migratory birds. Specifically, five Cuban Melodious Finches (Tiaris canora), a Cuban Bullfinch (Melopyrrha nigra), a Yellow-faced Grassquit (Tiaris olivaceus), an Indigo Bunting (Passerina cyanea), and a Blue Grosbeak (Passerina caerulea). Muniz was convicted of failing to declare the wildlife and make it available for inspection, pursuant to Title 50, Code of Federal Regulations, Sections 14.52 and 14.61. Muniz was sentenced to 4 months of home confinement with electronic monitoring, and 3 years of probation. Muniz violated the conditions of his probation by subsequently selling and offering migratory birds for sale.
It is a felony violation of the Migratory Bird Treaty Act (MBTA) to knowingly “take by any manner whatsoever any migratory bird with the intent to sell … such bird.” 16 U.S.C. § 707(b)(1). It is further a felony violation of the MBTA to sell, offer for sale, barter, or offer for barter any migratory bird. 16 U.S.C. § 707(b)(2). Under Title 50, Code of Federal Regulations, Section 10.12, “migratory bird” means, in relevant part, any bird, whatever its origin and whether or not raised in captivity, which belongs to a species listed in 50 C.F.R. § 10.13, “… including any part, nest, or egg of any such bird . . . .” Lazuli Buntings (Passerina amoena), and Yellow-faced Grassquits (Tiaris olivaceus) are listed as migratory birds.
Mr. Greenberg commended the investigative efforts of the Special Agents of the USFWS, CBP Air & Marine Branch, and FWC, who investigated this matter. This case was prosecuted by Assistant United States Attorneys Thomas Watts-FitzGerald and Jaime Raich.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
United States Attorney Krueger Statement Regarding Death of Milwaukee Police Officer Mike MichalskiRead the Press Release
United States Attorney for the Eastern District of Wisconsin Matthew D. Krueger offered these condolences regarding Milwaukee Police Officer Mike Michalski who was killed in the line of duty yesterday: “Our hearts break for the fallen officer, together with his family, friends, and each member of the Milwaukee Police Department. He selflessly dedicated himself to protecting our community, and his service will not be forgotten.”
United States Attorney Announces Charges Against 23 More Defendants in Surge to Reduce Violent Crime in LouisvilleRead the Press Release
ATF LouisvilleLOUISVILLE, Ky. – United States Attorney Russell M. Coleman announced that the Louisville Federal Grand Jury returned 20 felony indictments charging 23 individuals this month with multiple counts, including firearms violations and possession and distribution of scheduled drugs. These charges continue to be developed through an ongoing partnership of multiple law enforcement agencies to maximize penalties for the most violent repeat offenders as part of the Department of Justice’s Project Safe Neighborhoods (PSN) initiative. This month’s federal indictments are in addition to 14 indictments charging 16 individuals this past May and 21 indictments charging 23 individuals this past March totaling 60 PSN defendants so far this calendar year.
“Kentucky families deserve to be safe, regardless of zip code,” stated U.S. Attorney Russell Coleman “This next round of indictments of violent offenders is not the destination, but another step in the journey to deliver on our solemn promise to reduce violent crime in this community.”
“ATF is committed to reducing gun violence by arresting prohibited persons and violent offenders who unlawfully possess and use firearms," stated ATF Special Agent in Charge Stuart Lowrey of the Louisville Field Division. “These indictments reflect the ongoing partnership between ATF, Louisville Metro Police Department and other law enforcement agencies to make our communities safer for everyone.”
The crimes charged include being a felon in possession of a firearm, possession with intent to distribute Schedule I controlled substances, using a firearm in furtherance of a drug trafficking crime, and manufacturing and dealing in firearms without a license. One defendant, Elijah Eubanks, 20, has already been charged with attempted murder by the Jefferson County Commonwealth Attorney’s office for shooting at a police officer who approached his vehicle; he now faces an additional federal charge of being a felon in possession of a firearm.
Another defendant, Casey Cooper, 34, despite being warned by federal firearms dealers about the unlawful sale of firearms, continued to purchased firearms parts in bulk, assembled them into weapons, and sold approximately 90 firearms online, most of which were AR-15-style assault rifles. If convicted at trial, the maximum sentence for unlawfully manufacturing and dealing in firearms without a license is no more than five years in prison, a $250,000 fine, and three years of supervised release.
If convicted at trial, the maximum sentence for unlawfully possessing a firearm is no more than ten years in prison, a $250,000 fine, and three years of supervised release. If that firearm is possessed or used in furtherance of a drug trafficking crime, a defendant faces a mandatory minimum five years in prison in addition to the sentence received for the underlying charges, and could receive up to life in prison.
These cases are being prosecuted by Assistant United States Attorneys Joe Ansari, Robert Bonar, Nute Bonner, Bryan Calhoun, Scott Davis, Tom Dyke, Larry Fentress, Marisa Ford, Amanda Gregory, Lettricea Jefferson-Webb, Joshua Judd, Corinne Keel, Daniel Kinnicutt, Erin McKenzie, Spencer McKiness, Randy Ream, Mac Shannon, Amy Sullivan, and Stephanie Zimdahl. The cases are being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Louisville Metro Police Department, and the United States Drug Enforcement Administration (DEA).
The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to specifically identify the criminals responsible for significant violent crime in the Western District of Kentucky. A centerpiece of this effort is Project Safe Neighborhoods, a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Today’s indictments are part of the Project Safe Neighborhoods program.
The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent
until and unless proven guilty
Two South Texas Men Sentenced for their role in Extortion and Attempted Money Laundering ConspiracyRead the Press Release
FORT WORTH, Texas — Nygul Anderson, 19, and Albert Gonzalez, 19, were sentenced Monday by U.S. District Judge Reed C. O’Connor, to 36 and 30 months, respectively, in federal prison, announced Erin Nealy Cox U.S. Attorney of the Northern District of Texas.
Following a one-day bench trial in March 2018, Judge O’Connor convicted both Anderson and Gonzalez of conspiracy to use an interstate facility to commit a travel act violation, conspiracy to possess extortion proceeds and money laundering. Co-conspirator Fernando Cabrera pled guilty in December 2017 and was sentenced in April 2018 to fourteen months in federal prison.
According to the evidence presented at trial and the documents filed in this case, on September 22, 2017, a victim began receiving threatening calls from an unrecognizable Mexican telephone number. The caller stated he had kidnapped the victim’s two brothers in Rioverde, San Luis Potosi, Mexico and demanded $300,000 or they would be killed. The ransom demand was lowered to $20,000, and the victim ultimately paid and delivered the ransom, per the kidnapper’s instructions. The kidnapped brothers were then recovered from being tied up in a motel room in Rioverde, San Luis Potosi, Mexico.
Seven days later, on September 29, 2017, the same victim received another call from the unrecognizable Mexican telephone number demanding an additional $100,000 otherwise; they would again kidnap the brothers and kill them. The Mexico kidnapper contacted co-conspirator Cabrera to travel to Fort Worth to pick up the money. Cabrera then recruited his friend, Gonzalez, and they in turn recruited Anderson and a 17-year-old minor to pick up the money.
Shortly thereafter, Cabrera, Gonzalez, Anderson, Cabrera, and a 17-year-old minor – were arrested as they attempted to collect the ransom money.
This case was investigated by the Federal Bureau of Investigation and the North Richland Hills Police Department. Assistant U.S. Attorneys P.J. Meitl and Chris Wolfe were in charge of the prosecution.
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Two Individuals Sentenced for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on July 24, 2018, United States District Court Judge Malachy E. Mannion sentenced William Waring and Tanay Jones, both of Bronx, New York, for conspiring to distribute heroin, crack cocaine, and fentanyl. Waring, age 27, was sentenced to five years’ imprisonment and four years of supervised release following that sentence of imprisonment. Jones, age 26, received a time served sentence of approximately one month, and three years of supervised release.
According to United States Attorney David J. Freed, Waring and Jones both pled guilty to conspiring to distribute controlled substances in Pennsylvania between approximately July 2016 through February 2017. Waring admitted to working as a drug dealer in the conspiracy, and that he trafficked in excess of 60 grams of crack cocaine and in excess of 100 grams of heroin, the latter of which is the equivalent of 4,000 potentially fatal doses of heroin. Jones admitted that she served as a drug courier in the conspiracy, transporting narcotics from New York to Pennsylvania by secreting them in her body cavities. She admitted to trafficking in excess of 28 grams of crack cocaine and in excess of 100 grams of heroin, the latter of which again is the equivalent of 4,000 potentially fatal doses of heroin.
Waring and Jones were charged in June 2017 with 13 other individuals. All of their co-defendants have pleaded guilty, with three others having already been sentenced:
- Kassandra Martin of Wilkes-Barre, Pennsylvania, was sentenced to 60 months of imprisonment;
- Joshua Lenchick of Luzerne, Pennsylvania, was sentenced to 60 months of imprisonment; and
- Kristyna Shotwell of Plymouth, Pennsylvania, was sentenced to 12 months and one day of imprisonment.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Kingston Police Department, and the Luzerne County Drug Task Force. Assistant U.S. Attorney Phillip J. Caraballo prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case also was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Two Former Senior Executives of “Major World” Automotive Dealerships Plead Guilty to Filing False Corporate Tax ReturnRead the Press Release
Earlier today, at the federal courthouse in Central Islip, Harold Bendell and Bruce Bendell, the former senior managers of Major Automotive Companies, Inc., doing business as “Major World,” pleaded guilty to filing a false corporate tax return for the calendar year 2009 that underreported income and inflated expenses in order to avoid paying the proper taxes owed. Major World operated automobile dealerships in Queens, New York, and throughout the New York Metropolitan area. Prior to their guilty pleas, the defendants paid over $3,888,267 in restitution to the Internal Revenue Service and resigned from Major World. The guilty pleas were entered before United States District Judge Joanna Seybert.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and James D. Robnett, Special Agent-in-Charge, Internal Revenue Service Criminal Investigation, New York (IRS-CI), announced the guilty pleas.
“By their pleas, Harold and Bruce Bendell admitted that they concealed millions of dollars of their company’s income and avoided paying their fair share of taxes to the United States government,” stated United States Attorney Donoghue. “This Office and our law enforcement partners will continue to work together to ensure that individuals who attempt to evade their responsibilities as taxpayers are held responsible.”
“This great country of ours relies on a tax system based on voluntary compliance,” stated IRS-CI Special Agent-in-Charge Robnett. “Harold and Bruce Bendell took unlawful advantage of the system that financially impacts all Americans. Our special agents along with the U.S. Attorney’s Office are committed to protecting the system that contributes to our way of life.”
As stated in the charging and plea documents, on or about August 10, 2010, both defendants filed a corporation tax return Form 1120 for the calendar year 2009 that failed to report approximately $1,417,814 in gross receipts that Major Automotive had received and approximately $2,116,000 in cash payroll expense for which Major Automotive did not pay payroll taxes.
When sentenced, each defendant faces a maximum of three years in prison.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorney Burton T. Ryan, Jr. is in charge of the prosecution.
The Defendants:
HAROLD BENDELL
Age: 69
Englewood Cliffs, New JerseyBRUCE BENDELL
Age: 64
Roslyn, New YorkE.D.N.Y. Docket 17-CR-585 (JS)
Tioga County Man Sentenced to 25 Months for Assaulting Federal OfficersRead the Press Release
BINGHAMTON, NEW YORK – William Surmik, age 24, of Apalachin, New York, was sentenced today to serve 25 months in prison and a 3 year term of supervised release for his previously entered guilty pleas to Assaulting, Resisting, and Impeding Federal Law Enforcement Officers, announced United States Attorney Grant C. Jaquith, Charles Margiotta, Acting Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation (FBI), David L. McNulty, United States Marshal for Northern District of New York, George P. Beach, II, Superintendent of the New York State Police, and John A. Butler, Vestal Chief of Police.
In pleading guilty, Surmik admitted that in March of 2017 he was a parole absconder from the state of Ohio staying in the Apalachin, New York area. On March 7, 2017, Deputy U.S. Marshals and several members of the U.S. Marshal’s Fugitive Task Force approached a residence in Apalachin, New York in order to execute an arrest warrant for Surmik. Upon seeing the Marshals, Surmik fled the scene in a truck and rammed a vehicle operated by federal task force officers. Surmik then led officers on a high-speed chase through backcountry roads, which resulted in a crash between Surmik’s truck and task force officers. A member of the U.S. Marshal’s Fugitive Task Force was seriously injured during the arrest of Surmik.
This joint investigation was conducted by the FBI, U.S. Marshal’s Service, New York State Police, and the Vestal Police Department. The case was prosecuted by Assistant U.S. Attorney Miroslav Lovric.
Three More Defendants Sentenced to Federal Prison for Their Roles in a Drug Trafficking ConspiracyRead the Press Release
Defendants are the latest to be sentenced out of nearly two dozen defendants after long-term narcotics investigation
BLUEFIELD, W.Va. – Three men were sentenced today to federal prison for their roles in a drug trafficking organization, announced United States Attorney Mike Stuart. David Shaun Coleman, 46, of Boomer, Fayette County, was sentenced to 60 months, or five years, in federal prison. Rashaun Carter, 40, of Beckley, and Derrick Lamar Staples, 41, of Charleston, were each sentenced to 121 months, or 10 years, and one month in federal prison.
Stuart commended the cooperative investigative efforts of several agencies, led by the Federal Bureau of Investigation and the Raleigh County Drug and Violent Crime Task Force. The Drug Enforcement Administration, the Beckley Police Department, the Raleigh County Sheriff’s Department, the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Postal Inspection Service also provided assistance throughout the investigation.
“These drug dealers were responsible for a significant amount of drugs being distributed in our southern counties,” said United States Attorney Mike Stuart. “The crimes committed by these defendants and the resulting community devastation warrant the lengthy sentences imposed. Drug dealers like Coleman, Carter and Staples need to be locked up and removed from our communities.”
David Shaun Coleman previously entered a guilty plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, and a quantity of oxycodone. At the plea hearing, he previously admitted that between May 2017 and June 28, 2017, he participated in a drug trafficking organization that distributed more than 100 grams of heroin and oxycodone, in and around Fayette County. Coleman admitted that during this time period, he received approximately 215 grams of heroin and approximately 700 oxycodone 30 mg tablets from other members of the drug trafficking organization that he intended to distribute in the southern district of West Virginia.
Rashaun Carter previously entered a plea to conspiracy to distribute and possess with intent to distribute more than 28 grams of cocaine base, more than 100 grams of heroin, a quantity of cocaine, and a quantity of fentanyl. At his plea hearing he admitted that between August 2016 and June 28, 2017, he assisted Velarian Carter, James Rodney Staples, and others in operating a drug trafficking organization that distributed more than 28 grams of cocaine base, or “crack,” more than 100 grams of heroin, and quantities of cocaine and fentanyl, in and around Beckley, Raleigh County, West Virginia. Carter admitted to distributing cocaine base and over 100 grams of heroin to another member of the drug trafficking organization. Carter also admitted to assisting other members of the drug trafficking organization in cooking cocaine into cocaine base, or “crack,” and distributing the same in Raleigh County.
Derrick Lamar Staples previously entered a plea to conspiracy to distribute or possess with intent to distribute more than five kilograms of cocaine, more than 280 grams of cocaine base, and more than one kilogram of heroin. Staples previously admitted that between August 2016 and June 28, 2017, he took part in a drug trafficking conspiracy in Raleigh and Kanawha Counties with multiple participants involving the distribution of cocaine and heroin. Staples admitted to working with James Rodney Staples, Dominic Copney and others to distribute the controlled substances. Staples admitted that other members of the drug trafficking organization would come to his residence in Charleston to pick up materials used to “cut” or prepare heroin for distribution. He also admitted that on June 28, 2017, law enforcement officers executed a search warrant at his residence in Kanawha County. During the search, agents found 706.99 grams of a mixture containing heroin and fentanyl, 34.4 grams of cocaine, a kilo press used to prepare drugs for distribution and two firearms. Staples admitted it was his intent to distribute the controlled substances found during the search. Law enforcement officers also seized over $70,000 in cash, jewelry, a car, and real estate that Staples admitted were drug proceeds or purchased with drug proceeds. As part of the plea agreement Staples has agreed to the forfeiture of these items.
Assistant United States Attorney Timothy D. Boggess handled the prosecutions. Senior United States District Judge David A. Faber imposed the sentences.
Several other individuals implicated as a result of this investigation have entered guilty pleas to drug charges and are awaiting sentencing. Jonathan O. Brockman faces not less than five years and up to 40 years in federal prison when he is sentenced on August 8, 2018. James Rodney Staples, of Woodbridge, Virginia, faces at least 10 years in federal prison and up to life when he is sentenced on August 13, 2018 after entering a plea to conspiracy to distribute or possess with intent to distribute more than five kilograms of cocaine, more than 280 grams of cocaine base, and more than one kilogram of heroin. Karl Funderburk previously entered a guilty plea to using and carrying a firearm during a drug trafficking crime and is also scheduled for sentencing on August 13, 2018. George E. Brockman, II, of Montgomery, entered a plea to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin, a quantity of cocaine, and a quantity of oxycodone and is also scheduled for sentencing on August 13, 2018. He faces at least five years and up to 40 years in federal prison.
Several defendants in this case have already been sentenced. Velarian Carter of Beckley was recently sentenced to 240 months, or 20 years in federal prison for his participation in this drug trafficking organization. His sentence was ordered to run consecutively to a 20 year sentence Mr. Carter is already serving on unrelated drug charges. Detria Carter of Beckley, the sister of Velarian Carter, was recently sentenced to 151 months, or 12 years and seven months in federal prison. Cheyenne Fragale and Macon Fragale, brothers from Boomer in Fayette County, were sentenced to 12 years, and 16 years and 8 months in prison, respectively. Rory White of Montgomery was sentenced to 125 months in federal prison. Tiffany Ramsey, also from Boomer, was sentenced to 46 months in federal prison. Dominic Copney, of Beckley, has been sentenced to 2 years in federal prison. Donald Scalise, of Montgomery, was sentenced to 3 years in federal prison for conspiring to distribute oxycodone.
On July 10 and July 11, 2018, Judge David A. Faber sentenced Esau Burnett, of Beckley, to 66 months in federal prison, Shawn Akiem Anderson, of Mount Hope, to 108 months in federal prison, and Shaun Jones, also of Beckley, to 120 months in federal prison. He also sentenced to Jonathan V. Moore, and Charles Hill, both of Beckley to 97 months and 60 months, respectively. Corey Larkin, of Beckley, was previously sentenced to 188 months in federal prison after he was determined to be a career offender.
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Three Foreign Nationals Indicted for International Cocaine Smuggling ConspiracyRead the Press Release
Tampa, FL – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Nelson Armando (52, Ecuador), Jimmy Espinal (50, Ecuador), and Christian Rodriguez-Sanchez (25, Guatemala) with possession with the intent to distribute and conspiring to possess with the intent to distribute five kilograms or more of cocaine. If convicted, each faces up to life in federal prison and a $10 million fine for each count.
This indictment arose out of a June 15, 2018, interdiction of a drug smuggling vessel in international waters by the United States Coast Guard (USCG) Cutter VENTUROUS. As part of the interdiction, the USCG seized approximately 741 kilograms of cocaine.
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 Panama Express Strike Force, an Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the United States Coast Guard Investigative Service, Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Naval Criminal Investigative Service, and U.S. Southern Command’s Joint Interagency Task Force South. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. It is being prosecuted by Special Assistant United States Attorney Nicholas G. DeRenzo.
The City of Jacksonville Agrees to Pay $4.9 Million to Settle Employment Discrimination LawsuitRead the Press Release
The Department of Justice today announced that it has reached a settlement agreement with the City of Jacksonville, Florida (the “City”) to resolve allegations that the City’s promotional practices for positions in the Jacksonville Fire and Rescue Department (JFRD) violated Title VII of the Civil Rights Act of 1964. Title VII is a federal law that prohibits employment discrimination on the basis of race, color, sex, national origin, or religion. The proposed settlement agreement, which must still be approved by a federal judge, finalizes an agreement in principle reached by the parties in January 2017.
In a joint motion filed by the parties today in the United States District Court for the Middle District of Florida, the Justice Department, the City, the International Association of Fire Firefighters (the “Union”), the Equal Employment Opportunity Commission (EEOC), and various private plaintiffs asked the court to enter a provisional order that sets out the terms of the settlement agreement. Under the terms of the settlement, the City agrees to develop new promotional examinations for the selection of certain positions in the JFRD. The City also will offer settlement promotions to qualified African Americans and will establish a $4.9 million settlement fund for eligible claimants.
“The Justice Department is committed to enforcing Title VII to remove unlawful discriminatory barriers. The Settlement Agreement announced today ensures that all promotional candidates in the JFRD are given a fair opportunity to compete for advancement,” said John Gore, Acting Assistant Attorney General of the Civil Rights Division.
The proposed settlement agreement will resolve the complaint filed by the Justice Department in federal court on April 23, 2012, a separate lawsuit filed against the Union by the EEOC, and claims brought against the City and/or Union by various private plaintiffs, including the National Association for the Advancement of Colored People, Jacksonville Branch, and the Jacksonville Brotherhood of Firefighters.
This matter was handled for the United States by Jay Adelstein, Hector Ruiz, Brian McEntire, Jeremy Monteiro, Sharyn Tejani, and Clare Geller, all current or former attorneys in the Civil Rights’ Division’s Employment Litigation Section. Additional information about Title VII and other federal employment laws is available on the Civil Rights Division’s website at https://www.justice.gov/crt
St. Francis Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on July 23, 2018, by U.S. District Judge Roberto A. Lange.
John Matthew Brave Hawk, age 20, was sentenced to 30 months in federal prison, 3 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Brave Hawk was indicted by a federal grand jury on January 17, 2018. He pled guilty on April 30, 2018.
The conviction stemmed from an incident on November 14, 2017, when Brave Hawk intentionally drove a vehicle towards a group of people, and struck one of the individuals which caused abrasions to their head, knees and hands.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Brave Hawk was immediately turned over to the custody of the U.S. Marshals Service.
South Florida Tire Retailer Sentenced to Prison for Excise Tax ConspiracyRead the Press Release
A Coral Springs, Florida, tire retailer was sentenced today in the Southern District of Florida for conspiracy to defraud the Government, announced U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida and Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
Nestor Bastidas, 53, of Coral Springs, was sentenced to 12 months and one day in prison for conspiring to impede and impair the Internal Revenue Service (IRS) with respect to excise taxes on tires.
According to documents and information provided to the court, Bastidas owned and operated The Fat Tires, Co., a tire retailer located in Coral Springs, Florida. Under federal law, tires marked for highway use are subject to federal excise tax. A tire importer is liable for the excise tax when the tires are sold. The importer typically passes on the cost of the excise tax to their customers and tire retailers. The law, however, provides for a refund of the excise tax if tires are exported overseas rather than sold domestically.
Bastidas purchased taxable tires from Banlu, Inc. and Banlu Tires, Inc., tire importers owned by co-conspirator Angel Gomez. Bastidas then purchased false bills of lading from International Trade-Logistics Services, Inc., a logistics company owned by another co-conspirator,Luis Gomez. The false bills of lading purported to show that the tires were exported offshore to the Dominican Republic and elsewhere. Both co‑conspirators knew, however, that Bastidas never exported tires. Bastidas gave Angel Gomez the false bills of lading, and Angel Gomez did not charge Bastidas the excise taxes due on the tires. Angel Gomez, then, filed with the IRS false Forms 720, Quarterly Federal Excise Tax Returns, which did not report the sale of the tires to Bastidas. Bastidas also purchased tires from, and submitted false bills of lading to, other tire importers from February 2013 through June 2016. Bastidas’ submission of false bills of lading caused a loss to the United States of approximately $335,000.
In addition to the term of imprisonment, U.S. District Court Chief Judge K. Michael Moore ordered Bastidas to serve three years of supervised release and pay $335,174 in restitution to the IRS.
Bastidas previously entered a guilty plea on April 25, 2018. Luis Gomez pleaded guilty to conspiring to defraud the Government on May 23, 2018 and is scheduled to be sentenced on August 8, 2018. Angel Gomez entered his guilty plea to the same conspiracy charge on June 13, 2018, and is scheduled to be sentenced on August 22, 2018.
U.S. Attorney Greenberg and Principal Deputy Assistant Attorney General Zuckerman commended the special agents of IRS-Criminal Investigation, who investigated the case, and Tax Division Trial Attorney Mara Strier, Tax Division Assistant Chief Greg Tortella, and Southern District of Florida Assistant U.S. Attorney Kevin Larsen, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
South Florida Tire Retailer Sentenced to Prison for Excise Tax ConspiracyRead the Press Release
WASHINGTON - A Coral Springs, Florida, tire retailer was sentenced today in the Southern District of Florida for conspiracy to defraud the Government, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida.
Nestor Bastidas, 53, of Coral Springs, was sentenced to 12 months and one day in prison for conspiring to impede and impair the Internal Revenue Service with respect to excise taxes on tires.
According to documents and information provided to the court, Bastidas owned and operated The Fat Tires, Co., a tire retailer located in Coral Springs, Florida. Under federal law, tires marked for highway use are subject to federal excise tax. A tire importer is liable for the excise tax when the tires are sold. The importer typically passes on the cost of the excise tax to their customers and tire retailers. The law, however, provides for a refund of the excise tax if tires are exported overseas rather than sold domestically.
Bastidas purchased taxable tires from Banlu, Inc. and Banlu Tires, Inc., tire importers owned by co-conspirator Angel Gomez. Bastidas then purchased false bills of lading from International Trade-Logistics Services, Inc., a logistics company owned by another co-conspirator,Luis Gomez. The false bills of lading purported to show that the tires were exported offshore to the Dominican Republic and elsewhere. Both co‑conspirators knew, however, that Bastidas never exported tires. Bastidas gave Angel Gomez the false bills of lading, and Angel Gomez did not charge Bastidas the excise taxes due on the tires. Angel Gomez, then, filed with the IRS false Forms 720, Quarterly Federal Excise Tax Returns, which did not report the sale of the tires to Bastidas. Bastidas also purchased tires from, and submitted false bills of lading to, other tire importers from February 2013 through June 2016. Bastidas’ submission of false bills of lading caused a loss to the United States of approximately $335,000.
In addition to the term of imprisonment, U.S. District Court Chief Judge K. Michael Moore ordered Bastidas to serve three years of supervised release and pay $335,174 in restitution to the IRS.
Bastidas previously entered a guilty plea on April 25, 2018. Luis Gomez pleaded guilty to conspiring to defraud the Government on May 23, 2018 and is scheduled to be sentenced on August 8, 2018. Angel Gomez entered his guilty plea to the same conspiracy charge on June 13, 2018, and is scheduled to be sentenced on August 22, 2018.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Greenberg commended special agents of IRS-Criminal Investigation, who investigated the case, and Tax Division Trial Attorney Mara Strier, Tax Division Assistant Chief Greg Tortella, and Assistant U.S. Attorney Kevin Larsen, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Sorensen Gross Construction Co. and Corporate Vice President Khalil Saab to Pay $2.481 Million to Settle Claims Related to USAID Aqaba Schools ProjectRead the Press Release
The Justice Department announced today that Sorensen Gross Construction Company (Sorensen) and its corporate vice president, Khalil Saab, have agreed to pay $2.481 million to resolve allegations that they submitted false claims for payment under a construction contract funded by the United States Agency for International Development (USAID).
“Contractors who misrepresent their eligibility for government contracts undermine the government procurement process,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “The Justice Department will take action to protect that process, including safeguards designed to create American jobs.”
The settlement announced today resolves allegations related to a contract between Sorensen, a Michigan-based U.S. company, and the Jordan Government’s Ministry of Public Works and Housing (Ministry) for a project to build or renovate 16 schools in Aqaba, Jordan (Aqaba Project) that was financed by USAID. In addition to funding the Aqaba Project, USAID approved the solicitation for bids, prequalified bidders, and approved the selection of Sorensen as the prime contractor and the terms of its contract with the Ministry. Pursuant to the contract, Sorensen could not subcontract more than 50 percent of the work on the Aqaba Project, and any subcontract valued at more than $100,000 had to be preapproved by USAID and the Ministry. In addition, the contract limited subcontracts with Jordanian companies to $5 million.
The United States contends that Sorensen subcontracted almost the entirety of the work on the Aqaba Project to a local Jordanian company, Concorde, in violation of the contract terms. The United States further contends that Sorensen and Mr. Saab falsely certified that Sorensen was performing work under the contract and that Sorensen invoiced USAID for work performed by Concorde. Sorensen then transferred payments it received from USAID to Concorde for the work that Concorde performed.
“USAID OIG remains committed to helping protect U.S. government investments in overseas development projects,” said USAID Inspector General Ann Calvaresi Barr. “Complying with project specifications is not enough, if contracts are not awarded fairly and for a reasonable, competitive price. Arrangements hidden from USAID regarding actual subcontracting percentages disadvantage the U.S. taxpayer as well as project beneficiaries. We thank the DOJ Civil Fraud Section for partnering with us to ensure this violation was properly addressed.”
This case was handled by the Justice Department’s Civil Division, Commercial Litigation Branch, and the USAID, Office of Inspector General. The claims settled in this case are allegations only; there has been no determination of liability.
Six Members of Saint Paul Street Gang “HAM Crazy” Sentenced for Federal Firearms ConspiracyRead the Press Release
United States Attorney Erica H. MacDonald announced the sentencing of six members of a Saint Paul street gang, known as the HAM Crazy, for conspiring to illegally possess firearms. MARVELL VOSHON JEFFERSON, 24, SHELBY DELANE ASHFORD, JR., 24, CASEY JEMAR DAVIS, 24, PHILLIP DWAYNE JACKSON, 23, NAKIA MARQUIRE MARTIN, 25, and PIERRE CORTEZ JENKINS, 23, have been sentenced to prison by Senior Judge Ann D. Montgomery in U.S. District Court in Minneapolis, Minnesota. A seventh defendant, CARMELO MANUEL MARRERO, 23, has pleaded guilty to conspiracy and will be sentenced at a later date. All seven defendants either had prior felony convictions or were otherwise prohibited from legally possessing firearms or ammunition.
“Keeping our neighborhoods, communities and families safe from gun and gang violence is a top priority for the Department and for my office,” said United States Attorney Erica MacDonald. “As this case demonstrates, our concerted effort to keep guns out of the hands of criminals is ongoing. By leveraging the strong relationships we have with our federal, state and local law enforcement partners, we will remain steadfast in our duty to keep communities safe.”
“It’s unfortunate all of the violence these individuals have inflicted on St. Paul, but justice prevails,” said ATF Assistant Special Agent in Charge Kirk Howard of the St. Paul Field Division. “St. Paul Police Chief Axtell made it very clear that firearm violence will not be tolerated, and we stand united with them to end the cycle of gang and firearm-related violent crime in this city.”
Saint Paul Police Chief Todd Axtell said, “Saint Paul is a safer place today, thanks to the incredibly hard work and collaboration of our police officers, agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and our other partners. Together, we have made it clear that settling disagreements through gun violence is not welcome in our city—and we will use all available resources to hold accountable those who do engage in these types of activities.”
Since at least January 2014, the defendants maintained active membership in the street gang known as the HAM Crazy. The main purpose of the HAM Crazy gang was to preserve and protect their territory, power, status, and reputation, primarily on the Eastside of Saint Paul, through the use of violence and intimidation against rival Saint Paul gangs, such as the Hit Squad.
According to the defendants’ guilty pleas and documents filed in court, since at least January 2014, the HAM Crazy gang has been in an ongoing gang war with several rival gangs, including the Hit Squad. This gang war has resulted in gang members on both sides of the rivalry being shot and/or killed and has endangered the lives and safety of innocent bystanders and the community because many of the shootings occurred in public venues. HAM Crazy members and rival gang members often used social media platforms, such as Facebook, YouTube, and Snapchat, as a means through which to disrespect, intimidate, and threaten rivals by memorializing their brandishing of firearms, displaying of money, throwing of gang signs, and publishing of rap videos containing explicit and implicit threats against rivals.
According to the defendants’ guilty pleas and documents filed in court, due to the ongoing gang war and the need for firearms to conduct some of their gang-related activity, between January 2014 and December 2017, the defendants conspired to illegally obtain and jointly possess at least 12 firearms, including some with obliterated serial numbers, that were stolen, and/or that had high-capacity magazines. The defendants and other HAM Crazy members also attempted to buy, sell, trade, and obtain firearms through social media.
This case is the result of a joint investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Saint Paul Police Department, and the Minnesota Department of Corrections. This case was brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state and local law enforcement to specifically target and combat gun and gang crimes.
Assistant U.S. Attorneys Benjamin Bejar and Thomas Calhoun-Lopez are prosecuting the case.
Defendants’ Information:
MARVELL VOSHON JEFFERSON, a/k/a “Vo,” a/k/a “Lil Vo,” 24
Saint Paul, Minn.
Convicted:
- Conspiracy – Felon in possession of a firearm, 1 count
Sentenced:
- 60 months in prison
- Three years of supervised release
SHELBY DELANE ASHFORD, JR., a/k/a “Two Times,” 24
Columbia Heights, Minn.Convicted:
- Conspiracy – Felon in possession of a firearm, 1 count
Sentenced:
- 58 months in prison
- Three years of supervised release
CASEY JEMAR DAVIS, a/k/a “Casey Jermar Davis,” a/k/a “K Chop,” 24
Saint Paul, Minn.Convicted:
- Conspiracy – Felon in possession of a firearm, 1 count
Sentenced:
- 50 months in prison
- Three years of supervised release
PHILLIP DWAYNE JACKSON, a/k/a “Go,” a/k/a “Kid Go,” 23
Lino Lakes, Minn.
Convicted:- Conspiracy – Felon in possession of a firearm, 1 count
Sentenced:
- 60 months in prison
- Three years of supervised release
NAKIA MARQUIRE MARTIN, a/k/a “Nakia Marquette Martin,” a/k/a “Freaky,” a/k/a “Freaky Nick,” 25
Moose Lake, Minn.
Convicted:
- Conspiracy – Felon in possession of a firearm, 1 count
Sentenced:
- 55 months in prison
- Three years of supervised release
PIERRE CORTEZ JENKINS, 23, a/k/a “Pistol,” 23
Minneapolis, Minn.
Convicted:
- Conspiracy – Felon in possession of a firearm, 1 count
Sentenced:
- 48 months in prison
- Three years of supervised release
CARMELO MANUEL MARRERO, a/k/a “Melo,” a/k/a “Mello,” 23
Maplewood, Minn.
Convicted:
- Conspiracy – Felon in possession of a firearm, 1 count
Shelby County Man Sentenced to Life (Plus Ten Years) in Prison for Sexually Abusing and Exploiting Infant, Toddler and TeensRead the Press Release
DAYTON – Robert Steven Jones, 30, of Anna, Ohio, was sentenced to life (plus 10 years) in prison for sexually exploiting minors, including an infant, a seven-year-old girl and numerous teenage girls.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the sentence imposed today by Senior U.S. District Judge Thomas M. Rose.
According to court documents, while living in Illinois in 2013, Jones recorded himself masturbating and committing other sexual acts on and with a seven-month-old infant. The nearly five-minute video also depicts Jones engaging in acts of physical violence with the baby – including slapping, punching, shaking, restraining and suffocating the infant.
In the same week, Jones recorded a second video, this one approximately 10 minutes in length. This video further depicts Jones holding the baby up to the camera while smothering and choking the infant to such an extent that the baby slowly became limp and turned a blueish color, apparently unconscious.
In addition to making comments such as “You want to see a baby pass the f*** out?,” and “That’s a dead baby, that’s a dead f****** baby, yeah, dead f****** baby,” Jones struck and threw the baby. The baby survived.
In June 2014, Jones moved to Ohio, residing in Sidney, Piqua and later Anna.
In August 2015, law enforcement officers discovered the videos on Jones’s cell phone while executing a search warrant at his home.
In addition to the charged offenses, Jones admitted to molesting a seven-year-old female at his residence in Ohio on at least two occasions in July 2015, and to producing two videos of the conduct on his cell phone.
Additionally, Jones met with and/or communicated with numerous other victims, aged 13 years to 16 years, for the purpose of engaging in prohibited sexual acts and creating child pornography. This included victims living in other states such as New York and Tennessee.
“Jones’s crimes are among the most horrific, abhorrent, and disturbing crimes that a human being could commit,” U.S. Attorney Glassman said. “The United States does not take lightly advocating for life in prison, but Jones’s conduct and risk of recidivism warrant that sentence.”
Jones was arrested on November 4, 2015 by criminal complaint, and he has remained in custody since. He was indicted by a federal grand jury in February 2016.
Jones pleaded guilty in September 2017 to eight counts of production of child pornography, two counts of coercion and enticement of a minor, and one count of commission of a felony offense involving a minor while being registered as a sex offender. This last count carries with it a statutorily mandated 10-year sentence, which must be imposed consecutive to any other sentence.
Prior to his guilty pleas, Jones sought unsuccessfully to suppress all of the evidence against him due to the FBI’s use of a “Network Investigative Technique,” which had initially led investigators to Jones as a user of a child pornography website on the “dark web.” As a result of that initial lead and subsequent search warrants, FBI agents uncovered evidence of additional crimes, including the hands-on offenses to which Jones pleaded guilty.
Since pleading guilty, Jones has attempted to withdraw his guilty plea on two occasions, both of which were denied by the court.
This case resulted from the national FBI investigation “Operation Pacifier” which involved the takedown of a “dark web” site dedicated to child pornography. Agents uncovered IP addresses and other information that helped locate and identify users of the child pornography website. Investigators sent more than 1,000 leads to FBI field offices in every state in the country and thousands more to oversees partners.
As a result of the investigation, at least 350 U.S.-based individuals have been arrested, 25 producers of child pornography have been prosecuted, 51 alleged hands-on abusers have been prosecuted, and 55 American children who were subjected to sexual abuse have been successfully identified or rescued.
“Let’s be clear. Jones was apprehended and brought to justice because the FBI, with court authorization, was able to use the same kind of advanced technology to investigate the offense that criminals use to commit their crimes or evade detection.” Glassman said. “When we debate the impact of law enforcement investigations on internet privacy, these are the stakes.”
U.S. Attorney Glassman commended the investigation of this case by the FBI, as well as First Assistant United States Attorney Vipal J. Patel and Assistant United States Attorney Amy M. Smith, who are prosecuting the case.
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Sacramento Man Charged with Possession of a Firearm in Furtherance of a Drug Trafficking OffenseRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a four-count indictment today against David Donald Savage, 44, of Sacramento, charging him with possession with intent to distribute methamphetamine and heroin and possession of a firearm in furtherance of a drug trafficking offense, U.S. Attorney McGregor W. Scott announced.
According to court documents, Savage was arrested after a search of his vehicle revealed a backpack containing a loaded .45-caliber Springfield XD pistol, 120 grams of methamphetamine, 30 grams of heroin, and a scale.
This case is the product of an investigation by the Bureau of Alcohol Tobacco, Firearms, and Explosives, Sacramento County Sheriff’s Department, and Sacramento County District Attorney’s Office. Assistant U.S. Attorneys Quinn Hochhalter and Justin Lee are prosecuting the case.
If convicted, Savage faces a maximum statutory penalty of life in prison and a $1 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
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.
Sacramento Man Charged with Possession of Machine Guns and MethamphetamineRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a four-count indictment today against Russell Valenzuela, 42, of Sacramento, charging him with unlawful possession of unregistered firearms, prohibited possession of a firearm, and possession with intent to distribute methamphetamine, U.S. Attorney McGregor W. Scott announced.
According to court documents, Valenzuela was found to be in possession of two fully automatic submachine guns and 55 grams of methamphetamine following a search of the house where he was residing.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Sacramento Sheriff’s Department, and the Sacramento County District Attorney’s Office. Assistant U.S. Attorneys Quinn Hochhalter and Justin Lee are prosecuting the case.
If convicted, Valenzuela faces a maximum statutory penalty of 20 years in prison and a $1 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Roseville Man Indicted for Child Exploitation and Distribution of Child PornographyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a three-count indictment today against Brian Baptiste Formiconi, 39, of Roseville, charging him with sexual exploitation of a child, distribution of child pornography, and possession of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, the Royal Canadian Mounted Police investigated a series of groups of users who were trading child pornography using Kik Messenger. Eventually, it was discovered that a user, whose account was traced to Roseville, was trading child pornography with at least three members of these groups. Further investigation lead to a search warrant for Formiconi’s home. During the search, at least one child pornography video was found on a laptop in the home.
This case is the product of an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) with assistance from the Royal Canadian Mounted Police. Assistant U.S. Attorneys Audrey Hemesath and Roger Yang are prosecuting the case.
If convicted, Formiconi faces a maximum statutory penalty of 30 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
R.I. Attorney Indicted on Fraud, ID Theft, Pension Plan Theft ChargesRead the Press Release
PROVIDENCE, RI – A federal grand jury in Providence today returned a 12-count indictment charging a Rhode Island attorney with wire fraud, aggravated identity theft and theft from an employee pension plan, alleging that the attorney continued to collect a client’s pensions for nearly 12 years after the client passed away.
It is alleged in the indictment that Oleg Nikolyszyn, 63, of North Smithfield, used the identity of a former City of Providence employee and member of the Laborers’ International Union of North America (LIUNA) after he died and collected more than $234,000 in monthly pension payments in that person’s name.
The indictment charges Nikolyszyn with eight counts of mail fraud, three counts of aggravated identity theft and one count of theft from an employee benefit or pension fund.
According to the indictment, it is alleged that in May 2000, a former City of Providence employee and LIUNA member hired Nikolyszyn as his attorney, and executed a power of attorney that authorized Nikolyszyn to take certain acts on his behalf. Those actions included receiving monies owed to him and signing and depositing checks payable to him.
According to the indictment, in August 2000, the former Providence employee and LIUNA member moved to Poland. Nikolyszyn later instructed both the City of Providence and LIUNA to send the monthly pension payments to his office. The employee died on November 12, 2003.
It is alleged in the indictment that Nikolyszyn continued to receive monthly pension payments in his client’s name, which he deposited into a bank account in the name of both himself and his former client. It is alleged that Nikolyszyn converted the funds to his personal use by transferring the funds into his own personal bank accounts. It is alleged in the indictment that Nikolyszyn collected $173,597.68 in payments from the City of Providence Employee’s Retirement System and $60,989 from the LIUNA Pension Fund in the name of his former client.
An indictment is merely an allegation 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.
The indictment of Oleg Nikolyszyn is announced by United States Attorney Stephen G. Dambruch, Michael C. Mikulka, Special Agent in Charge of the New York Region of the Department of Labor - Office of Labor Racketeering and Fraud Investigations, Carol S. Hamilton, Acting Regional Manager, U.S. Department of Labor Employee Benefits Security Administration, Rhode Island Attorney General Peter F. Kilmartin, Rhode Island State Police Superintendent Colonel Ann C. Assumpico, and Homeland Security Investigations Special Agent in Charge Peter C. Fitzhugh.
The case is being prosecuted by Assistant U.S. Attorney Denise M. Barton.
The matter was investigated by the United States Attorney’s Office, U.S. Department of Labor - Office of Labor Racketeering and Fraud Investigations, U.S. Department of Labor Employee Benefits Security Administration, Rhode Island Department of the Attorney General, Rhode Island State Police, and Homeland Security Investigations.
United States Attorney Stephen G. Dambruch acknowledges and thanks the Rhode Island Supreme Court Office of Disciplinary Counsel for their assistance in the investigation of this matter.
Oleg Nikolyszyn was suspended from the practice of law in Rhode Island by the Rhode Island Supreme Court on December 1, 2016, after an investigation by its Office of Disciplinary Counsel.
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Previously Convicted Felon Indicted for Firearms CrimeRead the Press Release
NORFOLK, Va. – A federal grand jury returned an indictment yesterday charging a Norfolk man with being a felon in possession of a firearm.
According to allegations in the indictment, Earlon Mitchell, 29, is a convicted felon who illegally possessed a Kel-Tec 9mm Luger caliber semi-automatic handgun. On March 29, two Norfolk police officers approached Mitchell with the intent to arrest him on outstanding arrest warrants, but he tried to flee. After a struggle, the officers detained him and found the loaded Kel-Tec handgun in his pant leg.
If convicted, Mitchell faces a maximum penalty of 10 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
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.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Thomas L. Chittum, III, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, and Larry D. Boone, Chief of Norfolk Police, made the announcement. Assistant U.S. Attorney William B. Jackson is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-117.
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.
Pollock woman pleads guilty to stealing more than $110,000 of her deceased mother’s veterans benefitsRead the Press Release
ALEXANDRIA, La. – United States Attorney David C. Joseph announced that a Pollock woman pleaded guilty Tuesday to stealing more than $114,000 in Veteran’s Affairs (VA) disability benefits.
Elizabeth Marion Poole, 44, of Pollock, Louisiana, pleaded guilty before U.S. District Judge Dee. D. Drell to one count of theft of money belonging to the Department of Veteran’s Affairs. An agent from the VA, Office of Inspector General, provided summary testimony during the guilty plea hearing as the factual basis for the guilty plea. The agent testified that Poole’s mother died in September of 2007, while receiving VA benefits as the surviving widow of a U.S. Navy veteran who had retired with a 100 percent service-related disability. Poole did not notify the VA of her mother’s death, and the VA continued to send monthly benefit payments to Poole’s mother by direct deposits into a joint account that Poole held with her mother. Poole received and spent the monthly VA payments after her mother died in 2007 until June of 2013. She received approximately $114,210 in VA benefit payments that she was not entitled to.
Poole faces up to 10 years in prison, three years of supervised release, a $250,000 fine, and restitution. The court set the sentencing date for November 19, 2018.
The Veterans Affairs, Office of Inspector General, conducted the investigation. Assistant U.S. Attorney Joseph T. Mickel is prosecuting the case.
Pollock prisoner pleads guilty to possessing an improvised knifeRead the Press Release
ALEXANDRIA, La. – United States Attorney David C. Joseph announced that a Pollock prisoner pleaded guilty Monday to possessing an improvised weapon.
Jihad Chase, 36, an inmate at U.S. Penitentiary in Pollock, Louisiana, pleaded guilty before U.S. District Judge Dee. D. Drell to one count of possessing contraband in prison. According to the guilty plea, Chase was found in possession of an improvised weapon, commonly referred to as a “shank,” on April 25, 2017 while at the U.S. Penitentiary in Pollock. The weapon in Chase’s possession was an object, sharpened to a point, approximately 6.5 inches in length, and prohibited on prison grounds.
Chase faces up to five years in prison, three years of supervised release and a $250,000 fine. The court set the sentencing date for October 16, 2018.
The FBI and U.S. Bureau of Prisons conducted the investigation. Assistant U.S. Attorney Forrest T. Phillips is prosecuting the case.
Pittsburgh Man Admits Robbing the Dollar General and PNC Bank in WilkinsburgRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to charges of bank robbery and Hobbs Act robbery, United States Attorney Scott W. Brady announced today.
Lamont Gates, age 64, pleaded guilty to two counts before United States District Court Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that on October 5, 2017, armed with a knife, Gates robbed the Dollar General store located on Penn Ave. in Wilkinsburg. Gates took approximately $310 before fleeing the store. One week later, on October 12, 2017, Gates entered the PNC Bank, also on Penn Avenue, and advised the teller that it was a stick-up. He demanded $20 bills. Gates reached through the metal bars on the teller counter in an attempt to grab either the teller or money. He then threatened to blow the teller’s head off and reached for an object with a black handle in his back pocket. The teller gave Gates approximately $2,060, including bait money.
A few minutes later, Gates was observed in the parking lot of the beer distributor one block away from the PNC Bank. After a brief chase, officers arrested Gates. Officers recovered $1,940.00 (in $20 bills) from Gates. It appears that he had already purchased a few items from the beer distributor. No weapons were recovered. Gates confessed to the Dollar General robbery.
Judge Schwab scheduled sentencing for December 10, 2018. The law provides for a maximum total sentence of 20 years in prison, a fine of $250,000.00, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Judge Schwab ordered that Gates remain detained pending sentencing.
Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Wilkinsburg Police Department conducted the investigation leading to the Indictment in this case.
Ohio Teen Participated in Counterfeit Check Scheme Targeting East Coast CasinosRead the Press Release
PITTSBURGH, PA – A resident of Columbus, Ohio, pleaded guilty in federal court to a charge of conspiracy, United States Attorney Scott W. Brady announced today.
Kristina Marie Arnold, 19, pleaded guilty yesterday to one count before United States District Judge Nora Barry Fischer.
In connection with the guilty plea, between May, 2014 through October, 2017, Arnold and others negotiated counterfeit checks at Casinos throughout the east coast using false identification documents produced with the names of real persons, including at casinos in Western Pennsylvania such as at Presque Isle and the Rivers.
Judge Fischer scheduled the sentencing for December 7, 2018 at 11 a.m. The law provides for a maximum sentence of 5 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
Agents from Homeland Security Investigations and the Pennsylvania State Police conducted the investigation led to the prosecution of Kristina Marie Arnold.
Ocala Illegal Alien Sentenced to 17 Years in Prison for Federal Drug, Gun, and Immigration CrimesRead the Press Release
Ocala, Florida – Senior U.S. District Judge James D. Whittemore today sentenced Gilberto Astudillo Carbajal (34, Ocala) to 17 years in federal prison for conspiracy to possess with the intent to distribute 500 grams or more of methamphetamine, possession of a firearm in furtherance of a drug trafficking offense, illegal re-entry into the United States after a prior deportation or removal, and possession of a firearm by an illegal alien. Astudillo Carbajal had pleaded guilty on February 1, 2018.
According to court documents, on May 24, 2017, in a parking lot in Ocala, Carbajal’s co-defendant, Simon Rodriguez-Flores (48, Ocala), sold a cooperating witness approximately 4 ounces of crystal methamphetamine. On June 2, 2017, at the same location, Rodriguez-Flores delivered 2 kilograms of crystal methamphetamine to the same cooperating witness and was arrested by agents from the Drug Enforcement Administration. The agents also detained Tirso Hernandez-Astudillo (35, Ocala), who was a passenger in Rodriguez’s car.
Immediately after the arrest, a search warrant was executed at a residence on in Ocala that Hernandez-Astudillo shared with Carbajal. Upon entering the home, law enforcement officers observed Carbajal backing away from the front door and reaching backwards toward a kitchen counter. On the counter, officers discovered a loaded 9 mm pistol, which was later determined to belong to Carbajal. Also recovered from the home were items used in the manufacture and packaging of crystal methamphetamine.
From another residence across the street, where Hernandez-Astudillo had been observed earlier in the day, agents recovered a suspicious package containing approximately one kilogram of an undetermined powdery substance, later analyzed and determined to contain fentanyl.
According to court records, Carbajal also previously had been convicted for illegally reentering the United States at the time of his arrest on June 2, 2017. Carbajal was a citizen of Mexico and was in the United States illegally. He had been deported and removed from the United States to Mexico on three prior occasions.
On May 24, 2018, Sr. Judge Whittemore sentenced Tirso Hernandez-Astudillo (35, Ocala) to 20 years in federal prison following guilty verdicts by a federal jury on felony drug charges. On the same date, Simon Rodriguez-Flores (48, Ocala) was sentenced to 11 years’ imprisonment for his role in the drug conspiracy. Rodriguez-Flores and Hernandez-Astudillo were also in the United States illegally.
This case was investigated by the Gainesville Resident Office of the Drug Enforcement Administration, assisted by task force officers from the Gainesville Police Department, the Alachua County Sheriff’s Office, the Ocala Police Department, the Levy County Sheriff’s Office, and the Union County Sheriff’s Office. The Marion County Unified Drug Enforcement Strike Team assisted in the execution of the search warrant and the arrests. It was prosecuted by Assistant United States Attorney Dale R. Campion.
North Carolina Man Sentenced to over 15 Years’ Imprisonment for Possession with Intent to Distribute HeroinRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Alshaqah Tariq Powell, age 45, of North Carolina, was sentenced to 188 months’ imprisonment and five years’ supervised release by United States District Court Judge Yvette Kane for possession with intent to distribute heroin.
According to the United States Attorney David J. Freed, on November 3, 2015, Powell was traveling from North Carolina through Dauphin County on Interstate 81 when he was involved in a traffic stop by a Pennsylvania State Police trooper, leading to his arrest and the discovery of over 15,000 individual bags of heroin in his trunk. The heroin had an approximate street value of between $40,000 and $120,000.
This matter was investigated by the Pennsylvania State Police and the Drug Enforcement Agency. Assistant U.S. Attorney Chelsea Schinnour prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin and other opioids. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin and opioid traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Norfolk Man Indicted for Armed Robbery of Firearms DealerRead the Press Release
NORFOLK, Va. – A federal grand jury returned an indictment yesterday charging a Norfolk man with armed robbery.
According to allegations in the indictment, Desmond Littlejohn, 32, along with a co-conspirator, conducted an armed robbery of Mac’s Reload, a federal firearm licensee located in Virginia Beach. The robbers threatened the owner and an employee by pointing firearms at them while demanding money and eventually took approximately $9000.
Littlejohn is charged with robbery of a federal firearm licensee, and use of a firearm during a robbery. If convicted, he faces a mandatory minimum term of seven years in prison and a maximum term of life. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
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.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Thomas L. Chittum, III, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement. Assistant U.S. Attorney William D. Muhr is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-119.
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.
Ninth Circuit Invalidates “Midco” Tax ShelterRead the Press Release
The Court of Appeals for the Ninth Circuit upheld the IRS’s assertion of transferee liability against the former shareholders of a closely held corporation who participated in a so-called “Midco” transaction, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman and Deputy Assistant Attorney General Travis A. Greaves of the Justice Department’s Tax Division.
In a Midco transaction, the shareholders of a closely held corporation owning appreciated assets seek to “cash out” without bearing the full tax burden resulting from the conversion of the assets to cash. They do so by purporting to sell their stock to a Midco promoter for an amount far greater than the after-tax value of the corporation, based on the promoter’s professed ability to eliminate the corporation’s taxable gain resulting from the asset sale. But the promoter’s gain-elimination strategy is false, and by the time the IRS discovers the ploy, the corporation no longer has any assets.
In Slone v. Commissioner, the IRS sought to collect the corporation’s unpaid tax from the former (selling) shareholders as the deemed recipients of a fraudulent transfer by the corporation, arguing that the stock sale should be disregarded and the transaction recharacterized as, in substance, a liquidating distribution by the corporation to the former shareholders. The Ninth Circuit, reversing the U.S. Tax Court, agreed with the IRS’s characterization of the substance of the transaction and held that such substance controls for purposes of both federal tax law and the applicable (Arizona) fraudulent-transfer law.
Principal Deputy Assistant Attorney General Zuckerman and Deputy Assistant Attorney General Greaves thanked Tax Division attorneys Francesca Ugolini and Arthur Catterall, who handled the case on appeal for the government.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
New Orleans Woman Sentenced for Assaulting Postal WorkerRead the Press Release
U.S. Attorney Duane A. Evans announced that ANITRA SMITH, age 38, a resident of New Orleans, was sentenced today after previously pleading guilty to one count of misdemeanor assault of a federal employee, in violation of Title 18, United States Code, Section 111(a).
U.S. District Judge Nannette Jolivette Brown sentenced SMITH to a term of probation of two years, the first six months of which are to be served in home detention, and a $25 mandatory special assessment.
According to court documents, SMITH exchanged words with a letter carrier after the letter carrier delivered mail to SMITH’S address. Later, SMITH drove to the block where the letter carrier was delivering mail to a different address. SMITH exited her vehicle and approached the letter carrier with an aluminum baseball bat. SMITH and the letter carrier were standing a distance away from each other. SMITH threatened the letter carrier with the baseball bat. A neighbor intervened and SMITH went back to her car and drove home.
U.S. Attorney Evans praised the work of the United States Postal Inspection Service in investigating this matter. Assistant United States Attorney J. Ryan McLaren was in charge of the prosecution.
New Jersey Man Sentenced for Role in Counterfeit Credit Card SchemeRead the Press Release
PITTSBURGH, PA – A New Jersey resident has been sentenced in federal court to five months incarceration, five months home detention, and three years supervised release and was ordered to pay restitution in the amount of $109,485.26 on his conviction of conspiracy, United States Attorney Scott W. Brady announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Isaac L. Johnson, 30, of Jersey City, NJ.
According to the information presented to the court, in June, 2016, Isaac L. Johnson and conspirators used counterfeit credit cards at multiple stores in Western Pennsylvania to purchase gift cards and merchandise.
Assistant United States Attorney Gregory C. Melucci prosecuted this case on behalf of the government.
Agents from Homeland Security Investigations along with the United States Postal Inspection Service, who, as part of the Western Pennsylvania Financial Crimes Task Force (WPFCTF), conducted the investigation that led to the successful prosecution of this defendant. The WPFCTF was established as a collaborative, multi-agency effort to effectively combat financial crimes, including identity fraud, in Western Pennsylvania. Partnering in this effort are the United States Attorney's Office for the Western District of Pennsylvania, the United States Secret Service, the United States Postal Inspection Service, the Department of Homeland Security, the Allegheny County District Attorney's Office, the Allegheny County Police Department, the City of Pittsburgh Bureau of Police, the Pennsylvania State Police, and the Robinson Township Police Department.
Navajo Man from Pine Hill, N.M., Pleads Guilty to Federal Child Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – Asa Jake, 40, an enrolled member of the Navajo Nation who resides in Pine Hill, N.M., pled guilty today in federal court in Albuquerque, N.M., to child sexual abuse charges. Jake’s plea agreement recommends a 15-year prison sentence followed by a term of supervised release to be determined by the court. He also will be required to register as a sex offender.
Jake was arrested on April 25, 2018, on an eight-count indictment charging him with sexually abusing a child under the age of 12 between Nov. 2013 and Dec. 2015. The indictment alleged that Jake committed two acts of abusive sexual contact between Aug. 2015 and Dec. 2015, and six acts of aggravated sexual abuse between Nov. 2013 and Dec. 2015. According to the indictment, Jake committed the crimes on the Navajo Indian Reservation in McKinley County, N.M.
During today’s proceedings, Jake pled guilty to two counts of abusive sexual contact. In entering the guilty plea, Jake admitted sexually abusing the child, who was under the age of 12, on two separate occasions between Aug. 2015 and Dec. 2015, at a location on the Navajo Indian Reservation.
Jake has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Ramah Navajo Tribal Police Department. Assistant U.S. Attorney Elisa C. Dimas is prosecuting this case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Mustang Man Sentenced to Seven Years in Prison for Mail Theft and Forged ChecksRead the Press Release
OKLAHOMA CITY – LLOYD WAYNE TILLMAN, 38, of Mustang, Oklahoma, was sentenced today to seven years in prison for mail theft and forged checks, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
On May 7, 2018, Tillman pleaded guilty to 32 counts of mail theft and forged check offenses before U.S. District Judge David L. Russell. Tillman had stolen mail out of Oklahoma City-area residents’ mail boxes, removed checks from the envelopes, altered them, and cashed (or attempted to cash) them at area banks. Law enforcement officials arrested Tillman in Texas after he led them on a high-speed chase; he was ultimately captured using tracking dogs.
At sentencing today, Judge Russell took into consideration Tillman’s extensive criminal history as well as evidence that he had threatened one of his victims and led officers on two additional high-speed chases. The court sentenced Tillman to 84 months in prison and ordered him to pay $54,543 in restitution and a $3,200 special assessment. Upon release from prison, Tillman will serve three years on supervised release. Judge Russell noted that this sentence—which was above the advisory range of imprisonment under the U.S. Sentencing Guidelines—was necessary to punish Tillman and protect the public.
This case is the result of investigations by numerous law enforcement agencies, including the United States Postal Inspection Service, the Oklahoma City Police Department, the Chickasaw Nation Lighthorse Police Department, the Mustang Police Department, the Greenville (Texas) Police Department, the Paris (Texas) Police Department, and the United States Secret Service. Assistant U.S. Attorney Brandon Hale prosecuted the case.
Munster Doctor Enters A Guilty PleaRead the Press Release
HAMMOND - Jay Kaushik Joshi, age 34, of Burr Ridge, Illinois entered a plea of guilty to distribution of a controlled substance, announced U.S. Attorney Kirsch.
“Prescribing controlled substances that are not medically necessary intensify the national opioid problem facing this country. Today’s guilty plea should be a warning to other doctors who engage in such practice. When we identify doctors prescribing opioids in this manner, we will prosecute them,” said U.S. Attorney Kirsch.
According to documents in this case, Joshi practiced medicine at Prestige Clinics in Munster, Indiana. Joshi is a medical doctor licensed to practice medicine in the State of Indiana and until November 21, 2017 was registered by the Drug Enforcement Administration to Prescribe Schedule II, III, IV and V controlled substances. Between September of 2017 and December 2017, the DEA and Munster Police Department obtained information on Joshi’s history of prescribing controlled substances. Indiana’s prescription monitoring program, INSPECT, was designed to serve as a tool to address the problem of prescription drug abuse and diversion of controlled substances. Investigators obtained data from INSPECT and it is alleged that since April 2017, Joshi issued over 6000 prescriptions for controlled substances. It is also alleged that Joshi ranked first in Lake County and ninth in the State of Indiana in the number of prescriptions written for controlled substances by DEA registered providers. During the time-period alleged in the indictment, Joshi dispensed controlled substances that were not prescribed for a legitimate medical purpose and outside the scope of professional practice.
This case is being investigated by the Drug Enforcement Administration and the Munster, Indiana Police Department. The case is being handled by Assistant U.S. Attorney Thomas Mahoney.
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Miami-Dade Resident Charged in Connection with Performance of Illicit Silicone InjectionsRead the Press Release
A Miami-Dade Resident has been arrested and charged with performing illicit silicone injections.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, and Justin D. Green, Special Agent in Charge, U.S. Food and Drug Administration, Office of Criminal Investigations (FDA-OCI), Miami Field Office, made the announcement.
Kerlys Mercedes Chaparro, 39, of Miami-Dade County, Florida, is charged by indictment with delivery for pay of an adulterated and misbranded device received in interstate commerce with intent to defraud and mislead, in violation of Title 21, United States Code, Sections 331(c) and 333(a)(2).
The indictment alleges that on or about July 27, 2016, Chaparro received a device (a silicone substance) that she intended to inject into the human body of another individual in exchange for payment. Chaparro was not a licensed medical practitioner. The silicone substance was allegedly misbranded, in that it had false and misleading labeling. Chaparro intended to inject this silicone substance, that had not been approved by the FDA, into the other individual’s body for contouring purposes.
The indictment further alleges that injections of silicone for body contouring purposes, especially deep tissue injections into the buttocks of the large amounts of silicone that would be required to achieve visible buttocks augmentation and enhancement, presented serious risks and dangers. Included among the risks of such injections were the potential of injection into a blood vessel resulting in embolism, migration of injected silicone to other bodily regions and resultant interference with organs and bodily systems, serious sepsis infection and infection-related disorders, silicone-filled scar tissue formations (“granulomas”), necrosis, skin discoloration, immune system hyperactivity and related adverse systemic conditions, disfigurement, discomfort, and pain.
Chaparro appeared in court today for her initial hearing in this matter. Her arraignment is scheduled for August 6, 2018 before U.S. Magistrate Judge Andrea M. Simonton.
Individuals in the South Florida area who have undergone buttocks injection procedures from Kerlys Mercedes Chaparro and are concerned about their health and safety, regardless of how far in the past, are urged to contact [email protected] in order to receive additional information, address individual concerns, and to receive information concerning their status and rights as potential victims.
An indictment is a formal charging document notifying the defendant of the charges. An individual charged by indictment is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Mr. Greenberg commended the investigative efforts of the FDA-OCI and the Miami-Dade Police Department Medical Crimes Unit. This case is being handled by Assistant U.S. Attorney Miesha Darrough.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Mexican National Charged with Growing Marijuana in the Shasta-Trinity National ForestRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a three-count indictment today against Everado Cuadro Campos, 49, of Michoacán, Mexico, charging him with conspiracy to grow marijuana with the intent to distribute it and damaging public lands and natural resources, U.S. Attorney McGregor W. Scott announced.
According to court documents, on July 17, 2018, Campos was arrested in a marijuana garden in the Shasta-Trinity National Forest in Shasta County. Water to irrigate the marijuana plants was diverted from the Rock Creek drainage area, and there was an extensive waterline and trail system in the forest to tend to the marijuana plants.
This case is the product of an investigation by the United States Forest Service and the California Department of Fish & Wildlife.
If convicted, Campos faces a mandatory minimum penalty of 10 years in prison and up to life in prison and a $10 million fine for the marijuana conspiracy and manufacturing counts. If convicted of the environmental crime, Campos faces a maximum statutory penalty of 10 years in prison and a fine of up to $250,000. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Meriden Man Sentenced to Prison for Role in Heroin and Cocaine Trafficking ConspiracyRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JUSTIN DOHERTY, 25, of Meriden, was sentenced today by Senior U.S. District Judge Alfred V. Covello in Hartford to 36 months of imprisonment, followed by three years of supervised release, for his role in a heroin and cocaine trafficking conspiracy.
According to court documents and statements made in court, in late October 2016, law enforcement intercepted two parcels containing suspected narcotics that had been mailed from southern California to two different addresses in Meriden. On November 2, 2016, a court-authorized search of the parcels revealed a total of approximately 6.5 kilograms of cocaine and approximately 1.06 kilograms of heroin.
On November 2, 2016, Jose Davila, also known as “Flaco,” visited a post office in Meriden to inquire about one of the parcels. On November 3, 2016, law enforcement made a controlled delivery of the second parcel to its intended address. The residents of the house accepted the parcel on behalf of DOHERTY and contacted DOHERTY on his cellphone. DOHERTY then arrived at the house in a car driven by Davila. DOHERTY and Davila were arrested at that time.
The investigation revealed that a third individual coordinated the shipment of the parcels containing cocaine and heroin, and paid DOHERTY and Davila to accept the parcels on his behalf. Prior to November 2016, DOHERTY and Davila received at least three other packages, all of which were mailed from California, on behalf of the same individual.
On January 30, 2018, DOHERTY pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute controlled substances.
DOHERTY has been detained since May 22, 2018, when his bond was revoked.
Davila, of Meriden, previously pleaded guilty to the same charge and awaits sentencing. The third individual is awaiting trial.
This matter is being investigated by the Drug Enforcement Administration, U.S. Postal Inspection Service and Meriden Police Department. The case is being prosecuted by Assistant U.S. Attorney Rahul Kale.
Man Extradited from El Salvador to Face 1995 Murder ChargeRead the Press Release
WASHINGTON – Raul Rodriguez, also known as Ricardo Vidaurre Chicas, 45, has been extradited from El Salvador on a charge of first-degree murder while armed (premeditated) for allegedly killing a man in a drive-by shooting in May 1995 in Southeast Washington, announced U.S. Attorney Jessie K. Liu, Peter Newsham, Chief of the Metropolitan Police Department (MPD), and Michael Hughes, U.S. Marshal for the Superior Court of the District of Columbia.
Rodriguez, aka Chicas, is accused of killing Charles Wilkins, a 31-year-old accountant with the U.S. Department of the Interior’s Bureau of Indian Affairs, in the early morning hours of Saturday, May 27, 1995. He was arrested within minutes of the shooting and made his first appearance on May 29, 1995, in the Superior Court of the District of Columbia. However, he was released a week later after posting a $5,000 cash or surety bond set by the judge and he then failed to appear for a court hearing that had been set for June 8, 1995. At the time of his arrest in 1995, Rodriguez, aka Chicas, had been residing in Alexandria, Va.
The defendant, a Salvadoran citizen, subsequently moved to El Salvador, where he was found by law enforcement in 2015 working as a teacher. Rodriguez, aka Chicas, was arrested in November 2016 in El Salvador on the United States extradition request and extradited to the United States on July 13, 2018, at which time he was arraigned in the Superior Court of the District of Columbia. He was ordered held without bond by the Honorable Judge Danya A. Dayson pending further court proceedings, including a status hearing set for Sept. 7, 2018.
According to the government’s evidence, Rodriguez, aka Chicas, shot Mr. Wilkins multiple times. Mr. Wilkins had been at a nightclub celebrating his brother’s birthday. Rodriguez, aka Chicas, allegedly shot him from inside a vehicle as Mr. Wilkins walked to his car in the 100 block of M Street SE. An eyewitness immediately relayed information to the Metropolitan Police Department. Police pursued the vehicle and apprehended its occupants, including the defendant, within five minutes of the shooting. Police also recovered the gun used in the shooting, which had been thrown out of the vehicle during the police pursuit.
According to the evidence, the defendant was determined to be a member of the Vatos Locos gang. Mr. Wilkins had no gang affiliations and no known ties to the defendant.
Rodriguez, aka Chicas, was initially indicted in July 1996 on the murder and related weapons charges. A grand jury returned a superseding indictment in February 2016, adding a charge of violating the Bail Reform Act, stemming from his failure to appear in court.
An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
This case was investigated by the Metropolitan Police Department, and the defendant’s whereabouts were investigated by the U.S. Marshals Service. The Department of Justice’s Office of International Affairs and the U.S. Department of State provided substantial assistance in securing extradition.
Assistance has been provided by the U.S. Department of State’s Diplomatic Security Service, the U.S. Marshals Service International Investigations Branch, the Capital Area Regional Fugitive Task Force, FBI (Central Americas Division) and the Salvadoran National Police.
The case is being prosecuted by Assistant U.S. Attorney Christine Macey of the U.S. Attorney’s Office for the District of Columbia, with assistance from Assistant U.S. Attorney Kathryn Rakoczy and Victim/Witness Advocate Jennifer Clark.
MARTA department administrator charged with false invoice scamRead the Press Release
ATLANTA – Jhonnita L. Williams, a former department administrator at the Metropolitan Atlanta Rapid Transit Authority (MARTA) agency, has been charged with participating in a false-invoice scheme, resulting in MARTA paying more than $500,000 for maintenance work that was never performed.
“For years, Williams allegedly betrayed her employer and exploited her position of trust at MARTA, resulting in a massive theft of tax payer money,” said U.S. Attorney Byung J. “BJay” Pak. “This grand jury charged yet another defendant in this significant fraud scheme.”
“Williams is accused of dipping into taxpayers’ money to subsidize her own personal greed,” said Murang Pak, Acting Special Agent in Charge of FBI Atlanta. “Public corruption like this hits at the heart of government, eroding the public’s confidence, and that’s why the FBI is committed to holding accountable those who choose to abuse their positions of trust.”
“With this indictment and the conviction of Ms. Williams’s co-conspirator Joe Erves, who is currently serving time, MARTA is closing the chapter on this incident,” said MARTA Chief of Police Wanda Y. Dunham. “We have zero tolerance for employees who violate the public trust. We remain vigilant to guard against and root out this type of behavior.”
According to U.S. Attorney Pak, the indictment, and other information presented in court: MARTA is the principal public transportation operator in the Atlanta area, providing fixed rail and bus service to more than 500,000 passengers per weekday. Formed by Metropolitan Atlanta Rapid Transit Authority Act of 1965, MARTA is a multi-county local governmental agency with a 2016 annual budget of more than $880 million.
Williams worked for MARTA from 1999 to 2017. From 2010 to 2017, Williams worked as an assistant and department administrator for Joseph J. Erves. Erves served as MARTA’s senior director of operations and oversaw the maintenance of all of its buses and rail cars.
From approximately June 2010 to December 2016, Williams and Erves allegedly had numerous fake invoices prepared on behalf of three vendors for MARTA maintenance projects for which no work was performed. Williams and Erves allegedly used the false invoices as a basis to authorize payments to the three vendors – including fake invoices submitted by a business owned by Ferrell Williams (who was romantically involved with Jhonnita Williams). After being paid, the three vendors funneled a portion of the money received from MARTA back to Williams and Erves.
Williams used the money to pay for various personal expenses, including the financing and purchase of an approximately 3,000 square foot single-family home with four bedrooms and two and a half bathrooms. To secure the loan, Williams falsely represented on her loan application that she received $8,500 as a gift from a family member, when in fact she was the source of the money.
On July 24, 2018, a grand jury returned a seven-count indictment against Jhonnita L. Williams, 47, of Atlanta, Georgia, charging her with conspiratorial and substantive federal program theft, mail fraud, and false statements on a loan application.
On September 20, 2017, Joseph J. Erves, 53, of Lithonia, Georgia pleaded guilty to federal program theft. On January 16, 2018, Erves was sentenced to two years and nine months in federal prison, and was ordered to pay $522,825.45 in restitution.
On March 29, 2018, Ferrell Williams, 63, of Cincinnati, Ohio, pleaded guilty to conspiring to commit federal program theft. Ferrell Williams’s sentencing hearing is scheduled for August 1, 2018.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation and the MARTA Police Department.
Assistant U.S. Attorney Jeffrey W. Davis, Chief of the Public Integrity & Special Matters Section, and Assistant U.S. Attorney Alison Prout are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Liberian National SentencedRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Isaac T. Kannah, 51, of Philadelphia, PA, who was convicted of misprision of a felony, was sentenced to time served and one year unsupervised release by U.S. District Judge David G. Larimer. In addition, the defendant has agreed to revocation of his asylee status and will voluntarily depart the United States following formal immigration proceedings.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that, in May 2011, an Immigration Judge of the Executive Office of Immigration Review was conducting removal proceedings against George Boley, the former head of the Liberian Peace Council during the Liberian Civil War in the 1990s. One of the issues material to the removal proceedings was whether the Liberian Peace Council was a warring or fighting faction during the war. During the removal proceedings, Boley offered false and inaccurate testimony on this issue, asserting that the Liberian Peace Council was not a warring or fighting faction, in an effort to corruptly influence, obstruct and impede those proceedings, a felony in violation of Title 18, United States Code, Section 1505.
In May 2011, the defendant knew that Boley was offering false and inaccurate testimony in order to obstruct the removal proceedings. Despite this knowledge, the defendant failed to notify the relevant federal authorities (such as the Immigration Judge or federal law enforcement authorities) about the crime. In addition, Kannah also sought affirmatively to conceal the crime by failing to state that the Liberian Peace Council was in fact a warring faction during the Liberian Civil War despite being questioned on that issue during his testimony at Boley’s removal proceedings.
Today’s sentencing is the result of an investigation by the Buffalo Office of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly and the Philadelphia Office of ICE-HSI.
The United States Attorney’s Office was assisted in this investigation and prosecution by Brenda Sue Thornton, a Department of Justice Trial Attorney with the Counterterrorism Section, National Security Division.
Lake Worth Resident Pleads Guilty to Distributing Heroin, Carfentanyl and CocaineRead the Press Release
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, Adolphus P. Wright, Special Agent in Charge, Drug Enforcement Administration (DEA), and Ric Bradshaw, Sheriff of the Palm Beach County Sheriff’s Office (PBSO), announced that Roberto Paul Mendoza, 28, of Palm Beach County, pled guilty yesterday to three counts of distribution of heroin, carfentanyl, and cocaine, one count of possession with intent to distribute heroin, and one count of knowingly possessing a firearm in furtherance of drug trafficking.
According to the court record, on three occasions Mendoza sold heroin mixed with carfentanyl and cocaine to an undercover police officer. Thereafter, during the execution of a search warrant of Mendoza’s residence more than 100 grams of heroin and a firearm were discovered and seized by law enforcement.
For the counts of conviction, Mendoza faces a mandatory minimum sentence of 10 years to life in prison. Mendoza is scheduled to be sentenced by U.S. District Court Judge Donald M. Middlebrooks on September 25, 2018 at 9:00 a.m. in West Palm Beach.
Mr. Greenberg commended the investigative efforts of the DEA and PBSO for their assistance in this matter. This case is being prosecuted by Assistant U.S. Attorney Jennifer C. Nucci.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Justice Department Seeks to Revoke Citizenship of Convicted Felon Who Led Drug Organization in FloridaRead the Press Release
The Justice Department today filed a denaturalization lawsuit against the former leader of a drug organization responsible for conspiring to distribute more than 40 kilograms of cocaine and 1,600 kilograms of marijuana, conduct he allegedly concealed during his naturalization proceedings. The civil complaint was filed in federal court in the Northern District of Florida.
“It is important for the Department of Justice to protect the integrity of the naturalization process,” said Acting Associate Attorney General Jesse Panuccio. “In this case, the defendant allegedly concealed his serious criminal activity—large-scale drug trafficking that put the health and safety of our communities at risk. We cannot tolerate, and will zealously pursue, this kind of fraudulent activity.”
Melchor Munoz aka Melchor Munoz-Correa, 42, a native of Mexico, was convicted pursuant to a guilty plea in 2012 of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and 100 kilograms or more of marijuana, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A)(ii), and (b)(1)(B)(vii). As admitted in his criminal proceedings, Munoz distributed to co-conspirators an average of 80 pounds of marijuana on approximately 60 separate occasions between 2008 and 2010, keeping 400 to 500 pounds of marijuana, gallon zip-lock bags of methamphetamine, and multiple blocks of cocaine on hand most of the time. In 2012, the U.S. District Court for the Northern District of Florida found that Munoz was a leader of the drug organization and sentenced him to 188 months’ imprisonment and five years of supervised release. Munoz is currently serving his sentence at a federal prison in Jesup, Georgia.
Although Munoz’s crimes began while he was a permanent resident of the United States, he was not arrested and his criminal proceedings did not occur until after he had naturalized. The civil denaturalization complaint alleges that Munoz concealed and affirmatively misrepresented his criminal conduct throughout his naturalization proceedings, and that his application would have been denied had immigration authorities known about his drug conspiracy.
“This criminal led a drug organization responsible for conspiring to distribute massive amounts of cocaine and marijuana, all while he defrauded the government during his naturalization process,” said Derek Benner, HSI Deputy Executive Associate Director. “Today he is being held accountable for his lies and stands to lose one of the greatest benefits our country offers, citizenship, which he obtained by defrauding immigration authorities.”
The case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Civil Division’s Office of Immigration Litigation, District Court Section (OIL-DCS). The case is being prosecuted by Trial Attorney Ari Nazarov of OIL-DCS, with support from ICE’s Orlando Office of the Chief Counsel and ICE-HSI Tallahassee.
The claims made in the complaint are allegations only, and there has been no determination of liability.