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Wednesday 13 June 2018
Pennsylvania Husband and Wife Indicted for Tax EvasionRead the Press Release
A federal grand jury returned an indictment yesterday against an Aliquippa, Pennsylvania husband and wife charging them with conspiracy to defraud the United States and tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Scott W. Brady for the Western District of Pennsylvania.
According to the indictment, from 2005 to 2016, William and Danielle Rains engaged in a scheme to evade the payment of William Rains’s federal income taxes. The Rainses allegedly used nominees and multiple bank accounts, and filed false forms with the Internal Revenue Service to conceal William Rains’s income and assets from the IRS.
The indictment further alleges that William Rains failed to file individual income tax returns for tax years 1997, 1999, 2003, 2004, 2005, and 2006 despite earning taxable income in those years, and allegedly filed false 2000 and 2001 returns that reported zero income. The indictment also charges that for these years as well as 2008, William Rains has been assessed over $200,000 in taxes by the IRS.
If convicted, William and Danielle Rains each face up to 10 years in prison, a term of supervised release, restitution and monetary penalties. An indictment is an accusation. A defendant is presumed innocent until proven guilty.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Brady thanked the special agents of IRS-Criminal Investigation who investigated the case, and Trial Attorneys Shawn Noud and Christopher O’Donnell of the Tax Division, who are prosecuting the case.
New Haven Man Sentenced to 6 Years in Federal Prison for Gang-Related Drug and Gun OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that DELTON PYLES, also known as “Koolie,” 29, of New Haven, was sentenced yesterday by Chief U.S. District Judge Janet C. Hall in New Haven to 72 months of imprisonment, followed by five years of supervised release, for his role in a violent New Haven street gang.
According to court documents and statements made in court, in January 2014, ATF and the New Haven Police Department began “Operation Red Side” through a series of controlled narcotics purchases and firearms seizures. The investigation revealed that members and associates of the Red Side Guerilla Brims (“RSGB”), a sect of the Bloods street gang based in New Haven, were engaged in narcotics trafficking and related acts of violence, including murder, attempted murder, assaults and armed robberies. In addition to distributing crack cocaine and other narcotics in and around New Haven, the investigation indicated that members and associates of the RSGB, under the direction of Jeffrey Benton and others, transported the drugs to Bangor, Maine, and sold them in Bangor and its surrounding communities. The RSGB also traded narcotics for firearms and used drug addicts as straw purchasers of firearms. Members then brought the firearms back to New Haven and distributed them to gang members.
PYLES was a member of the RSGB. The investigation revealed that PYLES was a crack cocaine dealer in the New Haven area, and he supplied other RSGB members with distribution quantities of crack. On March 19, 2012, PYLES and others were involved in a shootout with a rival gang on South Genessee Street in New Haven. Although more than 20 rounds were fired, no one was injured. The gun that PYLES used during the shooting had been acquired from a straw purchaser in Maine.
PYLES has been detained since his arrest on June 26, 2015. On September 8, 2015, he pleaded guilty to attempted assault with a dangerous weapon in aid of racketeering, brandishing a firearm in furtherance of a crime of violence, and conspiracy to distribute 28 grams or more of crack cocaine.
As a result of this investigation, 21 members and associates of the RSGB were convicted of federal charges in Connecticut and Maine. The investigation has resolved seven murder cases, four attempted murders and four armed robberies that occurred in 2011 and 2012.
Benton pleaded guilty to various offenses stemming from this investigation and admitted that he participated in four gang-related murders and one attempted murder. On October 4, 2017, he was sentenced to 480 months of imprisonment.
This investigation has been conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the New Haven Police Department, the Connecticut Department of Correction, the Connecticut State Police, the U.S. Drug Enforcement Administration, the Maine Drug Enforcement Agency and the Hamden Police Department. The New Haven State’s Attorney’s Office also provided critical assistance in the investigation.
An instrumental component of the investigation has been the work of the Connecticut State Crime Laboratory in utilizing the National Integrated Ballistic Information Network (NIBIN) to analyze ballistics evidence.
This matter is being prosecuted in the District of Connecticut by Assistant U.S. Attorneys Jocelyn Kaoutzanis and Peter Markle. A related case in the District of Maine is being prosecuted by Assistant U.S. Attorney Joel Casey.
Nashua Man Sentenced to 27 Months in Prison for Failing to Register as a Sex OffenderRead the Press Release
Concord - United States Attorney Scott W. Murray announced that Thomas William Hickey, 34, of Nashua was sentenced on Tuesday to serve 27 months in prison for failing to register as a sex offender.
According to statements made in court, Hickey was convicted in Florida in 2003 of lewd or lascivious molestation of a 12-year-old girl. As a result of that conviction, he was required by law to register as a sex offender. After his release from prison, Hickey later registered as a sex offender in Florida and Massachusetts.
In July of 2017, the Nashua Police Department reported to the United States Marshals Service (USMS) that it had received a tip that Hickey was a sex offender who had been living in Nashua for a period of months without registering. The USMS confirmed with Massachusetts authorities that Hickey was in fact a sex offender who had been living in Massachusetts. The Massachusetts authorities were unaware that Hickey had moved to New Hampshire.
Hickey later was interviewed by a Deputy U.S. Marshal and a Nashua Police Detective and admitted that he had moved to New Hampshire in 2017 because he did not want people to know he was a sex offender.
Hickey previously pleaded guilty to this offense on February 6, 2018. After serving his prison sentence, he will be on supervised release for five years.
“Maintaining the safety of our children is a primary objective of the U.S. Attorney’s Office.” said U.S. Attorney Murray. “By aggressively prosecuting sex offenders who fail to comply with their registration obligations, we are attempting to protect our community’s children from being victimized. I am grateful to the United States Marshals Service and the Nashua Police Department for locating this individual who sought to prevent the public from learning about his status as a sex offender.”
“This investigation was a combined effort between the New Hampshire Joint Fugitive Task Force and the Nashua NH Police Department. Since the inception of the New Hampshire Joint Fugitive Task Force in 2002, these partnerships have resulted in over 7,029 arrests,” said Chief Deputy Brenda Mikelson of the USMS. “These arrests have ranged in seriousness from murder, assault, unregistered sex offenders, probation and parole violations and numerous other serious offenses. Nationally the USMS fugitive programs are carried out with local law enforcement in 94 district offices, 85 local fugitive task forces, 8 regional task forces, as well as a growing network of offices in foreign countries.”
This case was investigated by the USMS and the Nashua Police Department. The case was prosecuted by Assistant U.S. Attorney Arnold Huftalen.
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Mountain Brook Man Sentenced to Nearly Three Years in Prison for Cyberstalking Former Girlfriend and Associate of HersRead the Press Release
BIRMINGHAM – A federal judge today sentenced a Mountain Brook man to nearly three years in prison for cyberstalking, including threatening to kill, a former girlfriend and a second woman associated with her, announced U.S. Attorney Jay E. Town and FBI Special Agent in Charge Johnnie Sharp Jr.
U.S. District Judge Karon O. Bowdre sentenced STEPHEN PARKS LEWIS, 32, to two years and nine months in prison on two counts of cyberstalking. Lewis pleaded guilty to the charges in January. Along with the prison sentence, Judge Bowdre ordered Lewis to serve three years of supervised release following his prison term. She prohibited him from any contact with his victims or their extended families during his supervised release, and ordered him to undergo in-patient treatment for drug and alcohol abuse during the first year of his release.
“Lewis used Facebook, emails, text messages and voicemails to harass and threaten a young woman who broke off an abusive relationship with him, and when he could no longer find her, he turned his cyberstalking and cruel threats on her family. He even threatened to kill the woman who was dating his victim’s brother, as well as the woman’s six-year-old child,” Town said. “Prison is the best destination for someone who methodically torments and terrifies his victims.”
“Lewis will now answer for his sustained and menacing cyberstalking,” Sharp said. “This prison sentence should send the message that the FBI and our partners will hold accountable those who would use modern communication methods to deliver threats and intimidation.”
According to court documents, Lewis’s threats to the woman who had ended their five-year dating relationship included claims that he would commit a mass shooting akin to the one in Las Vegas last year, in which 58 people were killed and more than 500 wounded, if she did not submit to his demands. His cyberstalking went on for at least 10 months in 2017 and he threatened his harassment would “continue forever.”
The second woman Lewis threatened and harassed was the girlfriend of his first victim’s brother. Lewis used Facebook and text messages to threaten her, including threats to stalk and kill her and her minor daughter.
Among Lewis’ often profane Facebook messages to his second victim, he demanded to know where he could find his former girlfriend. “I have your phone number. I have your address. I know where [Victim-1’s brother] lives. I know where you live,” he wrote, according to his plea agreement. “You tell me where she is. You tell me whats (sic) going on. Or I’m coming with a desert eagle .45.” Following that message, Lewis sent a photo of a Desert Eagle pistol to Victim 2.
The FBI investigated the case, which Assistant U.S. Attorney Mohammad Khatib prosecuted.
More than 2,300 Suspected Online Child Sex Offenders Arrested Nationwide During Operation “Broken Heart”Read the Press Release
The Department of Justice today announced the arrest of more than 2,300 suspected online child sex offenders during a three-month, nationwide, operation conducted by Internet Crimes Against Children (ICAC) task forces. The task forces identified 195 offenders who either produced child pornography or committed child sexual abuse, and 383 children who suffered recent, ongoing, or historical sexual abuse or production of child pornography. In Washington State 47 offenders who were sharing images of child sexual abuse over peer-to-peer networks were identified and arrested.
The 61 ICAC task forces, located in all 50 states and comprised of more than 4,500 federal, state, local and tribal law enforcement agencies, led the coordinated operation known as “Broken Heart” during the months of March, April, and May 2018. During the course of the operation, the task forces investigated more than 25,200 complaints of technology-facilitated crimes against children and delivered more than 3,700 presentations on Internet safety to over 390,000 youth and adults.
"No child should ever have to endure sexual abuse," Attorney General Jeff Sessions said. "And yet, in recent years, certain forms of modern technology have facilitated the spread of child pornography and created greater incentives for its production. We at the Department of Justice are determined to strike back against these repugnant crimes. It is shocking and very sad that in this one operation, we have arrested more than 2,300 alleged child predators and investigated some 25,200 sexual abuse complaints. Any would-be criminal should be warned: this Department will remain relentless in hunting down those who victimize our children."
“Sadly, Washington State consistently ranks among the top states for the sharing of images of child rape and molestation across peer-to-peer file sharing networks,” said U.S. Attorney Annette L. Hayes. “I commend the investigators who do the difficult work of investigating those who create and share these horrific images. Their work puts predators behind bars where they cannot continue to hurt children.”
In Washington State the leads for peer-to-peer sharing of child pornography average 18,000-24,000 annually, putting the state in the top five with California, New York, Texas and Florida. The Washington ICAC focused specifically on the problem of peer-to-peer file sharing during Operation Broken Hearts.
The operation targeted suspects who: (1) produce, distribute, receive and possess child pornography; (2) engage in online enticement of children for sexual purposes; (3) engage in the sex trafficking of children; and (4) travel across state lines or to foreign countries and sexually abuse children.
The ICAC Program is funded through the Department’s Office of Juvenile Justice and Delinquency Prevention (OJJDP). In 1998, OJJDP launched the ICAC Task Force Program to help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communication systems or computer technology to exploit children. To date, ICAC Task Forces have reviewed more than 775,000 complaints of child exploitation, which resulted in the arrest of more than 83,000 individuals. In addition, since the ICAC program's inception, more than 629,400 law enforcement officers, prosecutors and other professionals have been trained on techniques to investigate and prosecute ICAC-related cases.
For more information, visit the ICAC Task Force webpage at: https://www.icactaskforce.org/. For state-level Operation Broken Heart results, please contact the appropriate state ICAC task force commander. Contact information for task force commanders are available online at: https://www.icactaskforce.org/Pages/ContactsTaskForce.aspx.
More Than 50 Defendants Charged in Joint Federal and State Narcotics Investigation Centered on West Side of ChicagoRead the Press Release
CHICAGO — More than 50 individuals, including an alleged Mexico-based drug trafficker and a Wisconsin-based courier, are facing criminal charges as part of a joint federal and state investigation into heroin and fentanyl sales in Chicago.
The investigation, dubbed “Operation Full Circle,” centered on drug sales on the city’s West Side, and resulted in the seizure of more than two kilograms of heroin, a kilogram of fentanyl, and 300 pounds of marijuana. Authorities also seized 17 illegal firearms, including three rifles, and approximately $8,000 in narcotics proceeds.
One of the defendants offered to kidnap a man who allegedly owed a debt to Mexico-based narcotics traffickers in exchange for cash and drugs. The defendant was arrested and a search of his vehicle revealed two firearms, steel chains and duct tape. Two other defendants engaged in a handgun-for-heroin transaction in December of last year, according to the federal charges.
The probe was conducted under the umbrella of the Organized Crime Drug Enforcement Task Force (OCDETF), in cooperation with the Chicago High Intensity Drug Trafficking Task Force (HIDTA). OCDETF is a partnership between federal, state and local law enforcement agencies, whose principal mission is to identify, disrupt and dismantle the most serious drug trafficking organizations.
Criminal complaints and affidavits filed in U.S. District Court in Chicago charge seven defendants with various drug offenses, and two defendants with firearm offenses. Several of the federal defendants were arrested Tuesday. Detention hearings for some of the federal defendants will be held on June 22, 2018, before U.S. Magistrate Judge Daniel G. Martin.
Forty-eight other defendants were charged in state complaints, and many of them were also arrested Tuesday. They have begun making initial appearances in Cook County Criminal Court.
The charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Brian McKnight, Special Agent-in-Charge of the Chicago Field Division of the U.S. Drug Enforcement Administration; Celinez Nunez, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; Nicholas Roti, Director of HIDTA; Kimberly M. Foxx, Cook County State’s Attorney; Eddie Johnson, Superintendent of the Chicago Police Department; and Gabriel L. Grchan, Special Agent-in-Charge of the IRS Criminal Investigation Division in Chicago. Substantial assistance was provided by HIDTA DEA Group 43, the U.S. Marshals Service, and the U.S. Postal Inspection Service in Chicago. Assistant U.S. Attorneys John Mitchell and Grayson Walker are representing the government.
According to the federal complaints, KRZYSZTOF RAK, 60, operates a drug trafficking organization in Mexico, and works with CHRISTOPHER J. DOSS, 47, of Racine, Wisc., to distribute wholesale quantities of fentanyl to customers in the Chicago area. DONALD HOLMES, SR., 56, of Chicago, and IVAN WALTON, 45, of Lynwood, participated in the organization by regularly distributing Rak’s narcotics in the Chicago area and collecting payment from customers, according to the charges. The federal complaints describe a meeting earlier this year between Doss and Walton in a restaurant parking lot in south suburban Matteson. During the meeting, Doss supplied Walton with more than 880 grams of fentanyl, the charges allege. Law enforcement conducted surveillance of the transaction after securing court authorization to wiretap certain telephones.
In another narcotics transaction described in the federal complaints, NAKIA MCCLINIC, 43, of Chicago, attempted to deliver heroin and fentanyl to an individual who had received the drug order from DESHAWN MOORE, 24, of Bellwood. Law enforcement was watching when McClinic arrived at the meeting in a parking lot near the University of Illinois at Chicago, the complaints state. Officers attempted to pull over McClinic’s vehicle but he sped off, tossing the drugs out of the driver’s side window, the charges allege. McClinic’s vehicle was successfully stopped a short while later, and the narcotics were recovered nearby.
The kidnapping plot involved TEKOA Q. TINCH, 30, of Bloomington, Ill., who allegedly agreed to carry out the kidnapping in exchange for drugs and a split of any money recovered from the victim. Last month, Tinch met with an undercover law enforcement officer, who was posing as a representative of the Mexico-based group, in a grocery store parking lot in the Little Village neighborhood of Chicago, the complaints state. During the meeting, Tinch accepted a sham kilogram of cocaine as a purported down payment on the kidnapping, the complaints state. Tinch was then arrested and his car was searched, revealing the guns, duct tape and chains, the charges allege.
The public is reminded that a complaint contains only charges and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory United States Sentencing Guidelines.
More Than 2,300 Suspected Online Child Sex Offenders Arrested During Operation "Broken Heart"Read the Press Release
St. Louis —The Department of Justice announced the arrest of more than 2,300 suspected online child sex offenders during a three-month, nationwide, operation conducted by Internet Crimes Against Children (ICAC) task forces. The task forces identified 195 offenders who either produced child pornography or committed child sexual abuse, and 383 children who suffered recent, ongoing, or historical sexual abuse or production of child pornography.
The 61 ICAC task forces, located in all 50 states and comprised of more than 4,500 federal, state, local and tribal law enforcement agencies, led the coordinated operation known as “Broken Heart” during the months of March, April, and May 2018. During the course of the operation, the task forces investigated more than 25,200 complaints of technology-facilitated crimes against children and delivered more than 3,700 presentations on Internet safety to over 390,000 youth and adults.
On April 4, 2018, in federal court in the Eastern District of Missouri, Daniel Garrison was charged by complaint with Attempt Enticement of a Child. On April 12, 2018, Garrison was indicted federally on one count of Enticement of a Child, one count of Attempt Enticement of a Child and one count of Possession of Child Pornography. Garrison was arrested after he used the internet to arrange to meet an undercover officer posing as a minor for sexual purposes. Investigation determined that, in 2017, Garrison had met a minor through Craigslist and engaged in sexual contact. A forensic examination of Garrison’s laptop computer found child pornography videos.
"No child should ever have to endure sexual abuse," Attorney General Jeff Sessions said. "And yet, in recent years, certain forms of modern technology have facilitated the spread of child pornography and created greater incentives for its production. We at the Department of Justice are determined to strike back against these repugnant crimes. It is shocking and very sad that in this one operation, we have arrested more than 2,300 alleged child predators and investigated some 25,200 sexual abuse complaints. Any would-be criminal should be warned: this Department will remain relentless in hunting down those who victimize our children."
The operation targeted suspects who: (1) produce, distribute, receive and possess child pornography; (2) engage in online enticement of children for sexual purposes; (3) engage in the sex trafficking of children; and (4) travel across state lines or to foreign countries and sexually abuse children.
The ICAC Program is funded through the Department’s Office of Juvenile Justice and Delinquency Prevention (OJJDP). In 1998, OJJDP launched the ICAC Task Force Program to help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communication systems or computer technology to exploit children. To date, ICAC Task Forces have reviewed more than 775,000 complaints of child exploitation, which resulted in the arrest of more than 83,000 individuals. In addition, since the ICAC program's inception, more than 629,400 law enforcement officers, prosecutors and other professionals have been trained on techniques to investigate and prosecute ICAC-related cases.
For more information, visit the ICAC Task Force webpage at: https://www.icactaskforce.org/. For state-level Operation Broken Heart results, please contact the appropriate state ICAC task force commander. Contact information for task force commanders are available online at: https://www.icactaskforce.org/Pages/ContactsTaskForce.aspx
Montana Man Sentenced to 36 Months in Prison for Designing Fraudulent Mail Solicitations for Use in Transnational Elder Fraud SchemeRead the Press Release
On June 12, 2018, Thomas Ressler, 66, of Whitehall, Montana, was sentenced by the U.S. District Court in Helena to serve 36 months in prison for designing dozens of fraudulent solicitations used in an international mail-fraud scheme. On February 22, 2018, Ressler pleaded guilty to conspiracy to commit mail fraud.
“This defendant used his artistic abilities to advance a scheme that defrauded thousands of elderly victims,” said Acting Assistant Attorney General Chad Readler, head of the Justice Department’s Civil Division. “The Department of Justice will continue to hold accountable those who knowingly facilitate fraud against America’s seniors.”
Ressler created more than 200 fraudulent sweepstakes and prize-notification letters that falsely informed recipients they could claim cash or other valuable prizes by submitting a processing or delivery fee. The letters appeared to come from official-sounding but fictitious entities with names like Cash Payout Disbursement Advisors, Progressive Winners Guarantors, and Vehicle Transport Company. Many of the letters included the name and signature of a purported officer or representative of the fictitious entity.
Ressler’s co-conspirators, Ryan Young and Ercan Barka, used the solicitations Ressler created to perpetrate their large-scale scheme, sending Ressler’s designed solicitations to victims throughout the United States and numerous foreign countries. Although the solicitations appeared personally directed to each recipient, Barka and Young actually sent them to thousands of recipients identified on mailing lists bought from list brokers and corporate entities. No victim who submitted a fee in response to a solicitation ever received the large cash prize or other valuable items touted in the solicitations. At most, some victims received a report listing unrelated sweepstakes or a worthless piece of jewelry.
Ercan Barka and Ryan Young previously pleaded guilty in the Eastern District of New York to conspiracy to commit mail fraud. They are awaiting sentencing.
The United States Postal Inspection Service investigated this case. Trial Attorney John W. Burke of the Civil Division’s Consumer Protection Branch is prosecuting it.
For more information about the Consumer Protection Branch, visit its website at http://www.justice.gov/civil/consumer-protection-branch.
Montana Man Sentenced to 36 Months in Prison for Designing Fraudulent Mail Solicitations for Use in Transnational Elder Abuse SchemeRead the Press Release
WASHINGTON – On June 12, 2018, Thomas Ressler, 66, of Whitehall, Montana, was sentenced by the U.S. District Court in Helena to serve 36 months in prison for designing dozens of fraudulent solicitations used in an international mail-fraud scheme. On February 22, 2018, Ressler pleaded guilty to conspiracy to commit mail fraud.
“This defendant used his artistic abilities to advance a scheme that defrauded thousands of elderly victims,” said Acting Assistant Attorney General Chad Readler, head of the Justice Department’s Civil Division. “The Department of Justice will continue to hold accountable those who knowingly facilitate fraud against America’s seniors.”
Ressler created more than 200 fraudulent sweepstakes and prize-notification letters that falsely informed recipients they could claim cash or other valuable prizes by submitting a processing or delivery fee. The letters appeared to come from official-sounding but fictitious entities with names like Cash Payout Disbursement Advisors, Progressive Winners Guarantors, and Vehicle Transport Company. Many of the letters included the name and signature of a purported officer or representative of the fictitious entity.
Ressler’s co-conspirators, Ryan Young and Ercan Barka, used the solicitations Ressler created to perpetrate their large-scale scheme, sending Ressler’s designed solicitations to victims throughout the United States and numerous foreign countries. Although the solicitations appeared personally directed to each recipient, Barka and Young actually sent them to thousands of recipients identified on mailing lists bought from list brokers and corporate entities. No victim who submitted a fee in response to a solicitation ever received the large cash prize or other valuable items touted in the solicitations. At most, some victims received a report listing unrelated sweepstakes or a worthless piece of jewelry.
Ercan Barka and Ryan Young previously pleaded guilty in the Eastern District of New York to conspiracy to commit mail fraud. They are awaiting sentencing.
The United States Postal Inspection Service investigated this case. Trial Attorney John W. Burke of the Civil Division’s Consumer Protection Branch is prosecuting it.
For more information about the Consumer Protection Branch, visit its website at http://www.justice.gov/civil/consumer-protection-branch.
Mexican National Pleads Guilty to Illegally Reentering the United StatesRead the Press Release
Defendant had a prior removal for illegally entering the United States
BECKLEY, W.Va. – Ezequias De Los Santos-Ruiz entered a guilty plea to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Santos-Ruiz, 23, of Oaxaca, Mexico faces up to 2 years of incarceration, a $250,000 fine, supervised release for one year, and a special assessment of $100 when he is sentenced on October 3, 2018. Santos-Ruiz also faces removal proceedings at the conclusion of any sentence of incarceration. United States Attorney Mike Stuart praised the work of the West Virginia State Police and Immigration and Customs Enforcement (ICE).
“It’s simple,” said United States Attorney Mike Stuart. “If you cross the border illegally and are found in our jurisdiction, we will prosecute you.”
On March 15, 2018, Santos-Ruiz was a passenger in a car that was stopped by the West Virginia State Police near Beaver, Raleigh County, West Virginia. Once stopped, he offered to the Trooper a Mexican Identification document. The Trooper immediately contacted ICE agents to confirm alienage. ICE spoke to Santos-Ruiz and confirmed that he was not legally present in the United States. ICE agents drove to the area and placed Santos-Ruiz under arrest. ICE agents further submitted Santos-Ruiz’s fingerprints for a forensic examination. The results of the examination matched him to a prior removal from the United States in 2017 from Kingsville, Texas. After being deported, Santos-Ruiz illegally reentered the United States without lawful permission from the Secretary of Homeland Security. Santos-Ruiz is a citizen of Mexico.
Assistant United States Attorney Erik S. Goes handled the prosecution. Judge Irene C. Berger presided over the plea hearing.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Mescalero Apache Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Patrick Moquino, 39, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty this afternoon in federal court in Las Cruces, N.M., to an assault charge.
Moquino was arrested on July 11, 2017, on a criminal complaint charging him with assaulting a Mescalero Apache man by punching and kicking the victim in the head. Moquino subsequently was indicted on Nov. 8, 2017, and charged with assault resulting in serious bodily injury. According to the indictment, Moquino committed the assault on March 14, 2017, on the Mescalero Apache Indian Reservation in Otero County, N.M.
During today’s proceedings, Moquino pled guilty to the indictment and admitted that on March 14, 2017, he assaulted the victim by punching and kicking the victim while the victim was lying on the ground. Moquino further admitted that the victim suffered a fractured nasal bone and head trauma as the result of the assault.
At sentencing, Moquino faces a maximum penalty of ten years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Manchester Man Sentenced to 32 Years in Connection with Violent Carjacking SpreeRead the Press Release
LONDON, Ky., — Timothy Lawson, 31, of Manchester, Ky., was sentenced today, to 32 years in federal prison, by United States District Judge Claria Horn Boom, on counts of brandishing and discharging a firearm during a carjacking.
Lawson entered a guilty plea to the charges in November of last year. According to the plea agreement, on July 21, 2016, Lawson unlawfully entered the residence and waited on the homeowner to return. When the homeowner arrived, Lawson met her, brandished a stolen shotgun, and threatened to kill her if she did not give him the keys to her vehicle. The homeowner complied and Lawson drove off in her vehicle. A short time later, Lawson wrecked the stolen vehicle and a family who saw the wreck and stopped to render assistance. Lawson then approached their vehicle, and again brandished the shotgun. Lawson also discharged the shotgun, firing a shot over the top of the family’s vehicle. Lawson ordered the family out of the vehicle, which he then stole. Lawson subsequently fled from the police and was arrested several days later.
Under federal law, Lawson must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the United States Probation Office for three years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Stuart Lowrey, Special Agent In-Charge of the ATF; Richard Sanders, Commissioner of the Kentucky States Police; Chris Fultz, Chief of the Manchester Police Department; Kelly Shouse, Owsley County Sheriff; and Kevin Johnson, Clay County Sheriff, jointly announced the sentence.
The investigation was conducted by the ATF, the Kentucky State Police, the Manchester Police Department, the Owsley County Sheriff’s Office, and the Clay County Sheriff’s Office. The government was represented by Assistant United States Attorney W. Samuel Dotson.
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.
Manchester Man Sentenced to 180 Months in Prison for Illegal Firearm PossessionRead the Press Release
CONCORD - Michael Roman Burghardt, 34, of Manchester, was sentenced to serve 180 months in federal prison for illegally possessing a firearm, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, law enforcement agents began an investigation after receiving information from a reliable source that Burghardt was carrying a firearm. At the time, Burghardt was a previously convicted felon and could not legally possess any firearms. On arresting Burghardt on an unrelated warrant, agents found him to be carrying a gun consistent with the information they had received.
Burghart, who previously pleaded guilty on December 8, 2017, will be on supervised release for three years after serving his sentence.
“In order to keep our community safe, we must keep guns out of the hands of criminals,” said U.S. Attorney Murray. “We will continue to work closely with our law enforcement partners to reduce violence by aggressively enforcing federal law. I commend the work of the law enforcement officers whose work led to this prosecution.”
“Today’s sentencing is another example of the importance of law enforcement partnerships and their effectiveness in protecting the safety and security of communities,” said Special Agent in charge Mickey Leadingham of the Bureau of Alcohol, Tobacco, Firearms and Explosives. “ATF’s top priority is to combat violent crime and keep guns out of the hands of violent offenders and keep criminals off the streets.”
This matter was investigated by the Manchester Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case is being prosecuted by Assistant U.S. Attorney Anna Dronzek.
The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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Man Sentenced to 78 Months in Federal Prison for Sex Trafficking and Illegal Firearm PossessionRead the Press Release
EUGENE, Ore. – Anthony Ballard Jones, 36, was sentenced today to 78 months in federal prison for the interstate transport of individuals for prostitution and being a felon in possession of a firearm. Jones will serve a five year term of supervised release upon the conclusion of his prison sentence.
According to court documents, Jones transported two adult female victims from Idaho to Oregon so they could engage in commercial sex acts. His first victim had been with Jones for approximately eight months prior to Jones’ arrest, and Jones met his second victim in Boise, Idaho, in March 2015. She was homeless at the time, and Jones offered her drugs and convinced her that prostitution could make her rich. After originally telling Jones that she did not want to engage in prostitution, she later agreed to do so.
Jones would talk menacingly about “regulating” his victims and keeping them “in check” in order to intimidate them. On March 7, 2015, at a motel in Eugene, a planned commercial sex act fell apart when the second victim decided not to participate. The John became upset, started tearing at the second victim’s clothing, and threatened to return with a gun. After this incident, Jones threatened to leave the second victim stranded in Oregon if she did not continue to engage in prostitution. The police investigated the disturbance at the motel and subsequently contacted Jones. Jones, a convicted felon, was found in possession of a pistol and was arrested.
Jones previously pleaded guilty to one count each of interstate transport for prostitution and felon in possession of a firearm on Tuesday, November 21, 2017.
This case was investigated by the FBI and Eugene Police Department, and prosecuted by Jeffrey S. Sweet, Assistant U.S. Attorney for the District of Oregon.
Man Pleads Guilty to Drug Trafficking and Firearms CrimesRead the Press Release
NORFOLK, Va. – A Portsmouth man pleaded guilty today to possession with intent to distribute cocaine and possessing firearms during a drug trafficking crime.
According to court documents, Antwon Grant, 45, was involved in a large scale drug organization that stretched from Virginia to Maryland, DEA agents obtained a search warrant for storage unit Grant rented at a facility in Chesapeake. A court authorized search of the self-storage unit revealed 662 grams of cocaine and five firearms.
Grant pleaded guilty to possession with intent to distribute cocaine, and possession of a firearm during a drug trafficking offense. He faces a maximum penalty of life in prison when sentenced on September 18. 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 Scott W. Hoernke, Acting Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, made the announcement after U.S. District Judge Raymond A. Jackson accepted the plea. 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-50.
MS-13 Gang Member Pleads Guilty to Attempted Murder in QueensRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, Kevin Paniagua (“Stomper”), a member of the Centrales Locos Salvatruchas clique of La Mara Salvatrucha, also known as the MS-13, a transnational criminal organization, pleaded guilty to attempted murder and firearms charges in connection with his participation in the October 23, 2016 attempted murder of a then-16-year-old in Jamaica, Queens. The proceeding was held before United States Magistrate Judge James Orenstein.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, announced the guilty plea.
“Paniagua, a member of the MS-13 gang, admitted that he participated in the execution-style attempted murder of a sixteen-year-old youth, whom he left paralyzed,” stated United States Attorney Donoghue. “MS-13 spreads fear throughout the community by killing suspected rival gang members and others who cross their path. We will continue to work with our law enforcement partners to eradicate violent gangs and prevent our streets from turning into battlegrounds.” Mr. Donoghue thanked the Federal Bureau of Investigation and the New York City Police Department for their partnership and outstanding work on the case.
According to court filings and the defendant’s statements during his guilty plea, Paniagua and other MS-13 members and associates orchestrated and attempted to murder a then sixteen-year-old boy because they suspected he was a member of the rival 18th Street gang. In the early morning hours of October 23, 2016, Paniagua and his coconspirators sought out the victim and laid in wait to intercept him as he walked through the streets of Queens. When the victim walked past Paniagua and his coconspirators, they beat him. Paniagua then pulled out a gun and shot the victim in the face. He then attempted to shoot the victim a second time, as he lay motionless on the ground. The gun jammed, and Paniagua was not able to execute the victim, who was left paralyzed from his injuries.
Paniagua faces a mandatory minimum sentence of 10 years’ imprisonment and a maximum sentence of life in prison when sentenced by United States District Judge Roslynn R. Mauskopf. Upon completion of his sentence, the defendant faces deportation from the United States.
Today’s conviction is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13, a violent international criminal organization. The MS-13’s leadership is based in El Salvador and Honduras, but the gang has thousands of members across the United States, comprised primarily of immigrants from Central America. Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York. A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders and assaults. Since 2010, this Office has obtained indictments charging MS-13 members with carrying out more than 45 murders in the district, and has convicted dozens of MS-13 leaders and members in connection with those murders. These prosecutions are the product of investigations led by our law enforcement partners including the FBI’s Safe Streets Task Force, comprising agents and officers of the FBI and NYPD.
The government’s case is being handled by the Office’s Organized Crime and Gangs section. Assistant United States Attorneys Nadia E. Moore and Keith D. Edelman are in charge of the prosecution.
The Defendant:
KEVIN PANIAGUA (also known as “Stomper”)
Age: 19
Queens, New YorkE.D.N.Y. Docket No. 17-CR-307 (RRM)
Lumberton Man Sentenced for Possession of an Unregistered FirearmRead the Press Release
GREENVILLE – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court, Senior United States District Judge Malcolm J. Howard sentenced RODERICK MCNEILL, 23, of Lumberton, North Carolina to 40 months of imprisonment followed by 3 years of supervised release.
MCNEILL was named in an Indictment on June 22, 2017. On March 12, 2018, MCNEILL pled guilty to one-count of Possession of an Unregistered Firearm.
On April 4, 2016, Lumberton Police Department officers responded to a complaint of shots fired in the vicinity of a business which had both a restaurant and convenience store in the same building. Upon their arrival, investigators recovered a sawed-off, 8-inch long, Braztech 20 gauge shotgun, which was thrown on the roof of a church by MCNEILL. The shotgun had a makeshift pistol grip attached to the action and barrel, which was wrapped in electrical tape. No serial number was visible on the shotgun and it was loaded with one live 20 gauge shotgun round. Investigators also discovered 3 rounds of .38 special caliber ammunition, one additional 20 gauge shotgun round, and a metal adapter which was designed to fit into the chamber of the shotgun in order to allow it to fire .38 special caliber ammunition.
On November 7, 2016, MCNEILL was arrested at his home in Lumberton on numerous outstanding warrants for charges that included conduct related to the possession of a sawed-off shotgun on April 4, 2016.
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.
In support of PSN, the United States Attorney’s Office for the Eastern District of North Carolina has implemented the Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Lumberton Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the conducted the criminal investigation of this case. Assistant United States Attorney James J. Kurosad handled the prosecution of this case for the government.
Longview, WA, Man Sentenced to 7 years for Attempted Unlawful Sexual Acts with a MinorRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that on June 11, 2018, Chief United States District Judge Daniel L. Hovland sentenced Timothy Joshua Adam Carnahan, age 24, Longview, WA, on charges of Attempted Transportation to Engage in Unlawful Sexual Acts with a Minor. Judge Hovland sentenced Carnahan to serve 7 years and 6 months in federal prison, to be followed by 10 years supervised release.
This investigation was initiated by law enforcement when Carnahan responded to an ad on Craigslist that advertised the availability of a young female as an escort. Unbeknownst to Carnahan, the ad was placed online by an officer with the Bismarck Police Department acting in an undercover capacity as a 17-year-old female. Carnahan arranged to pick up the minor female at a local shopping center and take her to his residence to engage in sexual acts. Upon arrival at the shopping center, Carnahan was arrested. He was interviewed by law enforcement authorities and admitted his intent to engage in sexual acts with a minor. Carnahan has a prior sexual assault conviction from 2012 in Washington State.
This case was investigated by the Bismarck Police Department, Bureau of Criminal Investigation, and Homeland Security Investigations.
Assistant United States Attorney Gary L. Delorme prosecuted the case.
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Knox County Man Sentenced to 30 Years for Distribution of Methamphetamine and Firearm OffensesRead the Press Release
LONDON, Ky. — Donnie Garland, 52, of Corbin, Ky., was sentenced Tuesday to 30 years in federal prison, by United States District Court Judge Gregory F. Van Tatenhove, for distributing methamphetamine, possessing with intent to distribute 50 grams or more of a methamphetamine mixture, possessing a firearm in furtherance of his drug trafficking crimes, and possessing a firearm following a felony criminal conviction.
A federal jury convicted Garland of these charges, following a two-day trial, in August of 2017. During the trial, video evidence revealed that Garland sold methamphetamine, on five different occasions, and that he possessed firearms or had armed guards stationed outside of his location, during some of these sales. Evidence in the case also included a search of Garland’s residence, which uncovered more than 150 grams of methamphetamine, more than120 grams of marijuana, nearly 700 pills, and 11 firearms. This conviction represents the sixth time Garland has been convicted of a drug trafficking offense, which qualified him as an Armed Career Criminal under Federal law.
Garland must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the United States Probation Office for 8 years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Amy Hess, Special Agent in Charge of the FBI Louisville Field Division; Richard Sanders, Kentucky State Police Commissioner; and Mike Smith, Knox County Sheriff, jointly made the announcement. The United States was represented by Assistant United States Attorney Andrew H. Trimble.
Justice Department and Eau Claire County, Wisconsin, Circuit Court Partner to Ensure Equal Access for Limited English Proficient Court Users in Court Operated ClassRead the Press Release
The Justice Department today announced that it has reached an agreement with Eau Claire County Circuit Court to resolve a complaint it received from the Eau Claire Area Hmong Mutual Assistance Association alleging that Eau Claire County Circuit Court failed to provide appropriate language assistance services to limited English proficient (LEP) court users. Specifically, the complaint alleged that the court required individuals seeking a divorce to attend the “Families in Transition” class, but the class was only available in English.
The Department began working with Eau Claire County Circuit Court in September 2017, when the complainant filed its complaint alleging that the barriers to divorce proceedings based on language proficiency violated the prohibition against national origin discrimination in Title VI of the Civil Rights Act of 1964 (Title VI). Title VI requires recipients of federal financial assistance, such as courts, to provide meaningful language services to LEP individuals in all court proceedings and operations.
The resolution agreement between the Department and Eau Claire County Circuit Court outlines actions that the court has begun to take to respond to concerns raised during the federal review and the efforts the court will continue to take to ensure the ongoing provision of comprehensive language assistance for the “Families in Transition” class. The actions include, among other things, a translated notice of options available to all LEP court users required to attend the “Families in Transition” class, community engagement, and training for court staff who interact with LEP court users.
“We commend the Eau Claire County Circuit Court for its commitment to guaranteeing meaningful access to the courts for all, regardless of national origin,” said Acting Assistant Attorney General John Gore. “This collaboration between the Justice Department and Eau Claire County Circuit Court will strengthen the Court’s ability to provide equal access to the judicial process.”
The complaint was resolved as part of the Civil Rights Division, Federal Coordination and Compliance Section’s (FCS) efforts to ensure that state courts comply with Title VI’s language access requirements. No LEP individual should be denied justice because a court fails to provide language services. The FCS courts team provides policy guidance and technical assistance to state court systems and undertakes enforcement actions across the country.
Justice Department Files Lawsuit Against Borough of Woodcliff Lake, New Jersey, over Denial of Zoning Approval for Orthodox Jewish House of WorshipRead the Press Release
The Justice Department today announced that it has filed a lawsuit against the Borough of Woodcliff Lake, New Jersey, alleging that the borough and its zoning board violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when it denied zoning approval to allow the Valley Chabad, an Orthodox Jewish congregation located in Woodcliff Lake, to build a new place of worship on its land in the borough.
The complaint, filed in the District of New Jersey, alleges that Woodcliff Lake’s denial of a variance imposed a substantial burden on the Valley Chabad’s religious exercise. The complaint alleges that between 2005 and 2013, the Valley Chabad sought to purchase three different sites in the borough to construct a place of worship, and that the borough took steps to thwart each attempt. The complaint also alleges that after nine years of searching for a suitable location, in 2014 the Valley Chabad sought to construct a larger place of worship at its current location in the borough. After two years, 18 hearings, and substantial revisions by Valley Chabad to address size and transportation concerns, the zoning board denied the application. The zoning board cited aesthetic concerns, the adverse impact on the “residential character of the neighborhood,” and safety issues that were undermined by the testimony of the zoning board’s own experts.
“The right to use land for religious exercise, free from unduly burdensome or discriminatory restrictions, is a fundamental constitutional right,” said Acting Assistant Attorney General John Gore. “The Department of Justice remains vigilant in its enforcement of federal civil rights laws protecting religious groups’ ability to establish places of worship without improper interference.”
“Federal law protects all religious communities from discrimination and unlawful barriers when they seek to build a place of worship,” said New Jersey U.S. Attorney Craig Carpenito. “According to the complaint, the Borough of Woodcliff Lake imposed a substantial burden on Valley Chabad’s religious freedom by repeatedly meddling in its attempts to purchase property in the area and citing subjective and misleading reasons to justify denying its zoning application.”
The Department of Justice today announced the “Place to Worship Initiative,” which will focus on protecting the ability of houses of worship and other religious institutions to build, expand, buy, or rent facilities—as provided by the land use provisions of the RLUIPA. As a part of the new initiative, the Department will work with the United States Attorney’s Offices to strengthen awareness of the land use provisions of RLUIPA.
RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. Specifically, RLUIPA bars land use regulations that impose a substantial burden on religious exercise without a compelling justification, requires governments to treat houses of worship as favorably as nonreligious assemblies, and bars governments from discriminating among religions and from totally or unreasonably excluding houses of worship.
More information about RLUIPA and DOJ’s new Place to Worship Initiative is available at www.justice.gov/crt/placetoworship and at http://www.justice.gov/crt/rluipa.
The government in this case is represented by Assistant U.S. Attorney Michael E. Campion, Chief of the U.S. Attorney’s Office’s Civil Rights Unit, Civil Division, and Assistant U.S. Attorney Susan Millenky, Civil Division.
Jury Convicts Lowell Man of Heroin and Fentanyl ConspiracyRead the Press Release
BOSTON – A Lowell man was found guilty today by a federal jury in Boston of conspiring with others in the Lawrence and Lowell areas to distribute more than 40 grams of fentanyl.
Bernaldo Rosario Santiago, a/k/a Bori, 27, was convicted of one count of conspiracy to possess with intent to distribute and to distribute heroin and at least 40 grams of fentanyl. U.S. District Court Judge Denise J. Casper scheduled sentencing for Sept. 19, 2018.
On May 30, 2017, a large scale law enforcement operation dismantled two Lawrence-based drug trafficking organizations, one allegedly run by Juan Anibal Patrone, and another allegedly led by Ramon Gonzalez Nival, who was allegedly a source of supply for Patrone. Santiago was arrested and charged along with Patrone, Gonzalez Nival, and 30 co-conspirators.
According to the evidence at trial, Santiago was a redistributor for the organization and dealt in large quantities of fentanyl, which he acquired from Gonzalez Nival and others. On March 1, 2017, Santiago was stopped in Dracut carrying 89 grams of fentanyl in his pocket. In addition, Santiago was intercepted on court authorized wiretaps discussing drug transactions, including the need to “give it more of the…the fentanyl stuff so that those [expletive] fall asleep.” During the investigation, law enforcement extracted text messages with alleged drug customers from Santiago’s phone, including one text sent to Santiago that read, “Are you coming I’m sick from not doing it.”
Gonzalez Nival pleaded guilty and is scheduled to be sentenced on Sept. 5, 2018. Patrone has pleaded not guilty and is scheduled to stand trial in October 2018.
Conspiracy to possess with intent to distribute and to distribute 40 grams or more of a mixture or substance containing fentanyl is punishable by a mandatory minimum sentence of five years and up to 40 years in prison, a fine of up to $50 million, and forfeiture of any proceeds of the offense or property that facilitated the offense.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Essex County District Attorney Jonathan W. Blodgett; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Lawrence Police Chief Roy P. Vasque; and Lowell Police Acting Superintendent Jonathan C. Webb made the announcement today. Assistant U.S. Attorney Susan G. Winkler of Lelling’s Narcotics and Money Laundering Unit and David G. Lazarus, Chief of Lelling’s Asset Forfeiture Unit prosecuted the cases.
The details contained in the charging documents are allegations. The remaining defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Jury Convicts Former Postal Worker in Fraudulent SchemeRead the Press Release
HOUSTON – A federal jury has convicted a 47-year-old Humble woman of making false statements and theft of public money, announced U.S. Attorney Ryan Patrick. They deliberated for approximately an hour following less than three days of trial convicting Lisa Yvette Coffman.
Coffman was a 29-year federal postal employee. She sustained a job-related injury in 2011, but submitted more than $46,000 in false travel reimbursement claims related to that injury.
The jury heard testimony from a Department of Labor employee who explained worker’s compensation regulations. The government also presented testimony from employees from six different medical providers who explained the actual number of visits Coffman attended, a number drastically lower than was she claimed in her travel reimbursement submissions.
A special agent with U.S. Postal Service – Office of Inspector General (USPS-OIG) told the jury how they discovered the fraud which totaled $46,000.
U.S. District Judge Melinda Harmon presided over the trial and set sentencing for Sept. 14, 2018. At that time, she faces up to five years in prison for the false statements and another 10 years for theft of public money. Both convictions also carry a possible fine of $250,000.
USPS-OIG conducted the investigation. Assistant U.S. Attorneys Jennie Basile and Charlie Escher are prosecuting the case.
Illegal Alien Deported Three Times Sentenced to 29 Months in Prison for Illegal ReentryRead the Press Release
PROVIDENCE, RI – A Dominican national previously deported on three occasions was sentenced today to 29 months in federal prison for illegal reentry, announced United States Attorney Stephen G. Dambruch and C.M. Cronin, Field Office Director for United States Immigration and Customs Enforcement (ICE).
According to court records, Jose Mercedes-Leon, 45, was removed from the United States to the Dominican Republic in September 1999. In May 2002, he was removed from the United States for a second time, after completing a Rhode Island state court sentence imposed as the result of his conviction on a drug charge.
In July 2010, Mercedes-Leon was convicted in U.S. District Court in Providence for illegal reentry and sentenced to 2 years in federal prison. He was deported to the Dominican Republic for a third time on February 25, 2011.
In December 2016, Mercedes-Leon was arrested by North Smithfield Police on a Rhode Island state drug charge. He was released into the custody of ICE agents on May 2, 2017, after completing a term of incarceration at the Adult Correctional Institutions.
On March 29, 2018, Mercedes-Leon pleaded guilty before U.S. District Court Judge John J. McConnell, Jr., to illegal reentry. Mercedes-Leon faces deportation for a fourth time upon completion of his term of incarceration.
The case was prosecuted by Assistant U.S. Attorney Zechariah Chafee, Border Security coordinator for the United States Attorney’s Office for the District of Rhode Island.
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Hundreds arrested, dozens of firearms seized, 60 kilograms of cocaine and five kilograms of heroin seized as part of "Operation We Are CLE"Read the Press Release
The U.S. Marshals Service and Drug Enforcement Administration, working with federal, state and local law enforcement agencies, recently completed the first phase of “Operation We Are CLE,” resulting in the arrests of more than 200 people, confiscation of 36 firearms and seizure of 60 kilograms of cocaine and nearly five kilograms of heroin in Cleveland.
“This operation embodies the best of Project Safe Neighborhoods – working with federal and state agencies and local police to tailor a strategy that makes the most sense for specific areas,” d U.S. Attorney for the Northern District of Ohio Justin E. Herdman said. “This operation got a lot of dangerous people, firearms and dangerous drugs off the streets of Cleveland.”
U.S. Marshal for the Northern District of Ohio Peter J. Elliott said: “The US Marshals have a long history of working with Cleveland Police and other agencies to address our community’s most pressing crime issues. We are glad we were able to hold dozens of known fugitives accountable as summer starts and people go out to enjoy their city.”
From April 23 through May 18, law enforcement conducted coordinated activities focused on specific neighborhoods in Cleveland. Activities included searches for people with outstanding warrants, particularly post-release control violators, vice operations, vehicle checkpoints, traffic enforcement, and other tactics.
During that time period, firearms arrests were up 175 percent over the same period last year in a targeted police district in Cleveland. Homicides were down 20 percent citywide during the first phase of Operation We Are CLE.
It is anticipated that many of these arrests and seizures of drugs and firearms will result in charges being filed in U.S. District Court in Cleveland.
The Marshals Service, working with Cleveland police, targeted and arrested violent fugitives. The Cuyahoga County Sheriff’s Department did address checks on registered sex offenders. The FBI and Cleveland Division of Police worked together to identify and target criminals involved in firearms violence. The DEA seized 60 kilograms of cocaine, approximately 4.7 kilograms of heroin, 100 grams of a fentanyl/carfentanil mixture, seven firearms and $271,000 in cash.
Participating agencies include: the U.S. Marshals Service, DEA, the Cleveland Division of Police, the Ohio Adult Parole Authority, the Ohio State Highway Patrol, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Cuyahoga County Sheriff’s Office, the Cuyahoga Metropolitan Housing Authority, the U.S. Attorney’s Office and the Cuyahoga County Prosecutor’s Office.
The second phase of the operation is currently underway.
Houston Man Sentenced for Trafficking Oxycodone Stolen from Arkansas PharmacyRead the Press Release
LUFKIN, Texas - A 32-year-old Houston man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
James Edward Turner pleaded guilty on Mar. 23, 2018, to possession with intent to distribute a controlled substance and was sentenced to 100 months in federal prison today by U.S. District Judge Ron Clark today. Turner was also ordered to pay restitution in the amount of $46,589.74.
According to information presented in court, on March 30, 2017, a law enforcement officer in Nacogdoches County, Texas stopped a vehicle for a traffic violation. During the stop, the officer called for a canine and ran the identifications of the passengers through law enforcement databases. Turner’s information showed a possible burglary warrant outstanding from another state. During a search of the vehicle, the officer located a laundry bag containing numerous prescription pills still in the bottles. These pills were determined to have been stolen in a burglary the previous night of a Walgreens pharmacy in Arkansas. Arkansas police spoke with the Nacogdoches Sheriff’s Office and stated they were currently investigating two Walgreens burglaries in Little Rock. A check with Walgreens records determined the pills recovered in the traffic stop were from both Walgreens burglaries. A total of 6,403 oxycodone pills, in various dosage units, were recovered. Turner was indicted on Sep. 20, 2017 and charged with drug trafficking violations.
This case was investigated by the Nacogdoches County Sheriff’s Office and the U.S. Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Paul A. Hable.
Houma Man Sentenced for Violating the Federal Controlled Substances ActRead the Press Release
ELBERT MOORE, age 36, of Houma, Louisiana, was sentenced today before the Honorable Susie Morgan. MOORE was charged by way of a bill of information with violating the Federal Controlled Substances Act.
According to the court records, MOORE conspired to possess with the intent to distribute and to distribute 100 grams or more of a mixture or substance containing a detectable amount of heroin, a quantity of a mixture or substance containing a detectable amount of cocaine, and a quantity of a mixture or substance containing a detectable amount of methamphetamine. MOORE admitted to being captured on a Title III wire intercept.
MOORE was sentenced to 120 months in the Bureau of Prisons and eight years of supervised release following his release from prison.
This case was investigated by Special Agents of the Drug Enforcement Administration (DEA). The prosecution is being handled by Assistant United States Attorney David Haller.
Houma Man Sentenced for Violating the Federal Controlled Substances ActRead the Press Release
ELBERT MOORE, age 36, of Houma, Louisiana, was sentenced today before the Honorable Susie Morgan. MOORE was charged by way of a bill of information with violating the Federal Controlled Substances Act.
According to the court records, MOORE conspired to possess with the intent to distribute and to distribute 100 grams or more of a mixture or substance containing a detectable amount of heroin, a quantity of a mixture or substance containing a detectable amount of cocaine, and a quantity of a mixture or substance containing a detectable amount of methamphetamine. MOORE admitted to being captured on a Title III wire intercept.
MOORE was sentenced to 120 months in the Bureau of Prisons and eight years of supervised release following his release from prison.
This case was investigated by Special Agents of the Drug Enforcement Administration (DEA). The prosecution is being handled by Assistant United States Attorney David Haller.
Honduran National Pleads Guilty to Illegal ReentryRead the Press Release
U.S. Attorney Duane A. Evans announced that Miguel Ortiz-Guevara, age 42, a citizen of Honduras, pleaded guilty today to a one-count indictment for illegal reentry of a removed alien, in violation of Title 8, United States Code, Section 1326(a).
According to court documents, on or about April 16, 2018, Miguel Ortiz-Guevara was found in the United States after having been officially deported and removed on or about September 29, 2011.
After accepting his guilty plea, U.S. District Judge Jay C. Zainey sentenced Miguel Ortiz-Guevara to time served, ordered him to serve one year of supervised release, and pay a special assessment of $100. Miguel Ortiz-Guevara will be surrendered to the custody of U.S. Immigration & Customs Enforcement for removal proceedings.
U.S. Attorney Duane A. Evans praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
Fremont Business Owner Sentenced to 30 Months in Prison for Role in Visa Fraud Conspiracy, Mail Fraud, Witness Tampering, and Related CrimesRead the Press Release
SAN JOSE – Venkat Guntipally was sentenced to 30 months in prison for his role in a conspiracy to commit several crimes including visa fraud, obstruction of justice, use of false documents, and mail fraud, announced Acting United States Attorney Alex G. Tse; U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Ryan Spradlin; and U.S. State Department, Diplomatic Security Service, San Francisco Field Office Special Agent in Charge Matthew Perlman. The sentence was handed down by the Honorable Lucy H. Koh, U.S. District Judge. Guntpally is the last of four defendants to be sentenced in connection with the visa fraud scheme.
A federal grand jury indicted Venkat Guntipally, 49, his wife, Sunitha Guntipally, 44, of Fremont, and two other defendants, Pratap “Bob” Kondamoori, 56, of Incline Village, Nev., and Sandhya Ramireddi, 58, of Pleasanton, in a 33-count indictment filed May 5, 2016. The indictment contains charges in connection with the submission of fraudulent applications for H-1B specialty-occupation work visas.
“Through this multi-year conspiracy, Mr. Guntipally and his co-conspirators exploited foreign workers for profit, defrauded the United States, and engaged in brazen obstruction of justice,” said Acting U.S. Attorney Tse. “Today’s sentence reflects that such crimes harm the nation’s immigration system and erode public trust. This office will continue to prosecute defendants who are out to make an unlawful profit and abuse our immigration laws for purely personal gain.”
“As the lead agency in this investigation, the Diplomatic Security Service demonstrated its commitment to maintaining the integrity of U.S. visas. We pursue those who fraudulently use worker visas, like the H-1B, for personal gain,” said Special Agent in Charge Perlman. “Diplomatic Security Service’s strong relationship with our law enforcement partners and the U.S. Attorney’s Office for the Northern District of California, continues to be essential in the pursuit of justice.”
“Unscrupulous actions by employers to gain an unfair advantage will not be tolerated and HSI will commit its resources to stop these types of criminals from gaming our immigration system to line their pockets with money at the cost of others,” said Ryan L. Spradlin, Special Agent in Charge of HSI operations in northern California and northern Nevada.
Venkat Guntipally pleaded guilty on April 24, 2017, at which time he admitted that he and his wife founded and owned DS Soft Tech and Equinett, two employment-staffing companies for technology firms. In addition, Guntipally admitted that between approximately 2010 and 2014, he and his wife, together with others, submitted to the government more than one hundred fraudulent petitions for foreign workers to be placed at other purported companies. The end-client companies listed in the fraudulent H-1B applications either did not exist or never received the proposed H-1B workers. None of the listed companies ever intended to receive those H-1B workers. The scheme’s intended purpose was to create a pool of H-1B workers who then could be placed at legitimate employment positions in the Northern District of California and elsewhere. Through this scheme, Venkat Guntipally, along with his co-conspirators, gained an unfair advantage over competing employment-staffing firms, and the Guntipallys earned millions in ill-gotten gains. Venkat Guntipally also admitted that he and his codefendants obstructed justice, including by directing workers to lie to investigators and by laundering money.
Venkat Guntipally was charged with one count of conspiracy, in violation of 18 U.S.C. § 371; ten counts of substantive visa fraud, in violation of 18 U.S.C. § 1546(a); seven counts of using false documents, in violation of 18 U.S.C. § 1001(a)(3); and four counts of mail fraud, in violation of 18 U.S.C. § 1341. He pleaded guilty to the conspiracy charge and the remaining charges were dismissed.
In addition to the prison term, Judge Koh ordered Venkat Guntipally to serve three years of supervised release and ordered him to forfeit $500,000. Venkat Guntipally was ordered to self-surrender on or before June 14, 2019.
All three of Venkat Guntipally’s co-defendants previously pleaded guilty to their respective roles in the scheme. Last year, Judge Koh sentenced Sunitha Guntipally to 52 months in prison, Ramireddi to 14 months’ imprisonment, and Kondamoori to 20 months’ imprisonment for their respective conduct.
Assistant U.S. Attorney Jonas Lerman is prosecuting the case with the assistance of Laurie Worthen. The prosecution is the result of an investigation led by the U.S. Department of State Diplomatic Security Service’s representative to the Document and Benefit Fraud Task Force (DBFTF) overseen by the Department of Homeland Security’s Homeland Security Investigations. The DBFTF is a multi-agency task force that coordinates investigations into fraudulent immigration documents. U.S. Citizenship and Immigration Service’s Office of Fraud Detection and National Security also assisted with the investigation.
Former Senior Chief Petty Officer Pleads Guilty to False Impersonation of a Federal Employee ChargeRead the Press Release
New Bern – United States Attorney Robert J. Higdon, Jr. announced that in federal court today THOMAS R. BOWES, 53, of Camden, North Carolina, pleaded guilty before United States Magistrate Judge James E. Gates to false impersonation of an officer or employee of the United States, all in violation of Title 18, United States Code, Section 912.
According to the Criminal Information filed on April 27, 2018, and information presented in open court, THOMAS R. BOWES retired from the U.S. Coast Guard on November 30, 2013, as a Senior Chief Petty Officer. Thereafter, he formed his own company. He choose, however, to misappropriate the U.S. Department of Homeland Security (“DHS”) seal without authorization. In his dealings with suppliers, BOWES falsely held himself out as a Sr. Sniper Instructor, Dept. Homeland Security, Southeast Task Force, and signed letters “Chief Thomas Bowes, U.S. Department of Homeland Security.” He did so to obtain various things of value, including but not limited to, expedited service from merchants, entry into various sniper competitions, and arguably, a government discount from the merchants as he sought pricing for “DHS sniper team” or the “Homeland Security Sniper Team.” In one instance, BOWES falsely represented himself as an employee of the Department of Homeland Security in an effort to secure expedited work on a firearm, writing that his “commanding officer” needed answers as they were “30 days into a hostage crises.” A search of BOWES’ emails revealed that between July 2, 2014, and November 13, 2016, he sent approximately 126 emails in which he falsely represented himself as an employee of the Department of Homeland Security.
Mr. Higdon commented: “The privilege of exercising the responsibility and powers of the federal government is protected by those laws which govern the use of the insignia, seals and other representations of federal authority. These laws ensure that those empowered by the public are the only ones who exercise that authority and they likewise protect the public from those who would defraud them under the guise of federal power. The defendant – himself a former federal official who certainly knows better – attempted to benefit himself and defraud others by claiming a position and influence he did not rightly possess. This prosecution sends a clear message to anyone else who might falsely impersonate a federal official that there will be consequences for the crime.”
“This investigation demonstrated the importance of protecting the integrity of the Department of Homeland Security (DHS) and U.S. Coast Guard (USCG) by holding accountable those who use official DHS and USCG government symbols, words and phrases to deceive or mislead the public,” commented Marty J. Martinez, Special Agent in Charge of the Coast Guard Investigative Service.
“This defendant plead guilty to false impersonation and the misrepresentation of himself as being affiliated with the Department of Homeland Security, for personal gains. This office will remain vigilant in seeking the prosecution of those, who are intent on misrepresenting the Department of Homeland Security, its 22 federal agencies, services, and programs,” said James E. Ward, Special Agent in Charge of the Department of Homeland Security, Office of Inspector General.
At sentencing, BOWES faces a maximum term of imprisonment of 3 years, and/or $250,000 fine.
The case was investigated by the United States Department of Homeland Security – Office of the Inspector General and the United States Coast Guard Investigative Service, Chesapeake Region. Assistant U.S. Attorney Banumathi Rangarajan is handling the prosecution on behalf to the Eastern District of North Carolina.
Former NYPD Deputy Chief Sentenced for Illegally Diverting Police ResourcesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that MICHAEL HARRINGTON was sentenced to two years of probation and 180 hours of community service for misapplying police resources while serving in the New York City Police Department (“NYPD”) as, among other things, a Deputy Chief and Executive Officer for the Chief of Department’s Office. He was sentenced by the U.S. District Judge Gregory H. Woods.
HARRINGTON diverted those police resources – including dispatching police officers and diverting land, sea, and air vehicles intended for the NYPD’s public service usage – for the personal benefit of Jeremy Reichberg, a private citizen, as well as Reichberg’s friends and associates.
Manhattan U.S. Attorney Geoffrey S. Berman said: “After years of service to the NYPD, Michael Harrington abused the sacred trust placed in him by the NYPD and the people of New York by applying the people’s resources, including its officers, to the interests and whims of a connected few. That Harrington’s behavior has resulted in a felony conviction is a sad but necessary reminder that, along with our law enforcement partners, we will continue to fight this type of corruption.”
In sentencing HARRINGTON, Judge Woods said: “This is a very serious offense. [T]his does matter. As a senior official of the NYPD, Mr. Harrington was entrusted to protect the public without fear or favor. He misused that trust. . . . .[H]e applied the public’s resources to provide special favors to a select few. And Mr. Harrington misdirected NYPD resources at the request of [Jeremy] Reichberg while receiving personal benefits from him.”
Reichberg and an additional co-defendant, former NYPD Deputy Inspector James Grant, continue to face honest services fraud, bribery, and conspiracy charges related to an alleged scheme in which Reichberg and another individual provided luxurious benefits to high-ranking members of the NYPD, including Grant and HARRINGTON, so as to be able to call upon those members for police-related assistance for themselves and their associates as opportunities arose. Reichberg and Grant are to face trial before Judge Woods on October 4, 2018.
According to the Superseding Information, Indictment, and Complaint filed in this case, other court filings, and statements made during court proceedings:
HARRINGTON was previously an Inspector in Brooklyn North and, beginning around November 2013, the Executive Officer in the NYPD’s Chief of Department’s Office, which is responsible for overseeing all of the Department’s uniformed operations. After November 2014, HARRINGTON was a Deputy Chief assigned to the NYPD’s Housing Bureau. Between 2011 and June 2016, HARRINGTON diverted police resources for the benefit of Reichberg and his associates, including another individual, Jona Rechnitz, who has pled guilty and is now cooperating with the Government.
During the relevant period, Reichberg and Rechnitz provided HARRINGTON with personal benefits and gifts, including tens of thousands of dollars in business to a security company run by HARRINGTON’s family members and friends, thousands of dollars’ worth of meals in high-end restaurants, hundreds of dollars’ worth of premium tickets to sporting events, and a video game system and other gifts for his children. During the same period, HARRINGTON helped Reichberg and his associates get rides in police cars for non-police purposes, used a helicopter for a flyover at a private event, and secured the use of a police boat for private boat rides at another private event. He further sent officers to resolve private, civil disputes, pressured other NYPD personnel to respond to requests from Reichberg and Rechnitz, and took steps to assist in the promotion and transfer of NYPD officers handpicked by Reichberg and Rechnitz at their request.
* * *
In addition to the probation term, HARRINGTON, 52, of Staten Island, New York, was fined $5,000 and ordered to pay $6,000 in restitution to the NYPD.
Mr. Berman praised the investigative work of the Federal Bureau of Investigation and the New York City Police Department, Internal Affairs Bureau.
This case is being handled by the Office’s Public Corruption Unit. Assistant United States Attorneys Martin S. Bell, Jessica Lonergan, and Kimberly J. Ravener are in charge of the prosecution.
Former Government House Security Officer Neal Chesterfield Sentenced to 70 Months Incarceration for His Involvement in a Conspiracy to Distribute CocaineRead the Press Release
St. Thomas, USVI – Former Government House Security Officer Neal Chesterfield, 41, was sentenced before District Judge Curtis Gomez to 70 months incarceration for his conviction of conspiracy to possess with intent to distribute cocaine, United States Attorney Gretchen Shappert announced today. Gomez also sentenced Chesterfield to five years of supervised release and $100 special assessment.
According to the plea agreement filed with the court on December 1, 2016, Chesterfield was a member of a large-scale drug trafficking organization from 2011 through 2016. In 2011, Chesterfield, a security officer at the Office of the Governor, was recruited by a co-conspirator who convinced him to use his law enforcement credentials to bypass security screening at Cyril E. King Airport to smuggling large kilogram quantities of cocaine from St. Thomas to Miami and Fort Lauderdale. Once in Florida, Chesterfield delivered the cocaine to a co-conspirator for distribution in the continental United States at $33,000 per kilogram. During the course of the conspiracy, Chesterfield used his security clearance to smuggle over 200 kilograms of cocaine for the drug trafficking organization. The smuggling operation was dismantled on September 3, 2016, after a co-conspirator contacted a CBP agent and reported that Chesterfield was traveling on that day with cocaine and had to be stopped. Within one hour of receiving the tip, CBP agents seized 22 kilograms of cocaine from Chesterfield’s carryon suitcase.
This case was investigated by Homeland Security Investigations, Federal Bureau of Investigations and Drug Enforcement Administration, and was prosecuted by Assistant United States Attorneys Delia Smith.
Former Defense Contractor Sentenced for Unlawfully Retaining Classified InformationRead the Press Release
Weldon Marshall, 43, of Sherman, Texas, was sentenced today to 41 months in prison, to be followed by one year of supervised release, for unlawfully retaining national defense information. Marshall pleaded guilty on March 5. Assistant Attorney General for National Security John C. Demers and U.S. Attorney Ryan K. Patrick of the Southern District of Texas made the announcement, after sentencing by U.S. District Judge George Hanks. In handing down the sentence, the court noted how Marshall violated an important trust the military had placed in him. From the early 2000s, Marshall unlawfully retained classified items he obtained while serving in the U.S. Navy and while working for a military contractor. Marshall served in the U.S. Navy from approximately January 1999 to January 2004, during which time he had access to highly sensitive classified material, including documents describing U.S. nuclear command, control and communications. Those classified documents, including other highly sensitive documents classified at the Secret level, were downloaded onto a compact disc labeled “My Secret TACAMO Stuff.” He later unlawfully stored the compact disc in a house he owned in Liverpool, Texas. After he left the Navy, until his arrest in January 2017, Marshall worked for various companies that had contracts with the U.S. Department of Defense. While employed with these companies, Marshall provided information technology services on military bases in Afghanistan where he also had access to classified material. During his employment overseas, and particularly while he was located in Afghanistan, Marshall shipped hard drives to his Liverpool home. The hard drives contained documents and writings classified at the Secret level about flight and ground operations in Afghanistan. Marshall has held a Top Secret security clearance since approximately 2003 and a Secret security clearance since approximately 2002. Previously released on bond, Marshall was taken into custody following the sentencing today where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future. The Army’s 902d Military Intelligence Group and the FBI conducted the investigation. Assistant U.S. Attorney (AUSA) Alamdar Hamdani and former AUSA Andrew Leuchtmann of the Southern District of Texas prosecuted the case, along with Trial Attorney Matthew Walczewski of the National Security Division’s Counterintelligence and Export Control Section.
Former Defense Contractor Sentenced for Unlawfully Retaining Classified InformationRead the Press Release
HOUSTON – A 43-year-old man residing in Sherman has been ordered to federal prison following his conviction of unlawfully retaining national defense information, announced U.S. Attorney Ryan K. Patrick and Assistant Attorney General for National Security John C. Demers.
Weldon Marshall pleaded guilty March 5, 2018.
Today, U.S. District Judge George Hanks handed Marshall a 41-month sentence to be immediately followed by a year of supervised release. In handing down the sentence, the court noted how Marshall violated an important trust the military had placed in him.
From the early 2000s, Marshall unlawfully retained classified items while he served in the U.S. Navy and while working for a military contractor.
Marshall served in the U.S. Navy from approximately January 1999 to January 2004, during which time he had access to highly sensitive classified material, including documents describing U.S. nuclear command, control and communications. Those classified documents, including other highly sensitive documents classified at the secret level, were downloaded onto a compact disc labeled “My Secret TACAMO Stuff.” He later unlawfully stored the compact disc in a house he owned in Liverpool.
After he left the Navy, until his arrest in January 2017, Marshall worked for various companies that had contracts with the U.S. Department of Defense. While employed with these companies, Marshall provided information technology services on military bases in Afghanistan where he also had access to classified material. During his employment overseas, and particularly while he was located in Afghanistan, Marshall shipped hard drives to his Liverpool, Texas, home. The hard drives contained documents and writings classified at the secret level about flight and ground operations in Afghanistan.
Marshall has held a top secret security clearance since approximately 2003 and a secret security clearance since approximately 2002.
Previously released on bond, Marshall was taken into custody following the sentencing today where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Army’s 902d Military Intelligence Group and the FBI conducted the investigation. Assistant U.S. Attorneys (AUSA) Alamdar Hamdani and former AUSA Andrew Leuchtmann prosecuted the case along with Trial Attorney Matthew Walczewski of the National Security Division’s Counterintelligence and Export Control Section.
Former DPD Officer Sentenced to 26 Months in Prison for ExtortionRead the Press Release
Former Detroit Police Department Officer Charles Wills was sentenced today to twenty-six months’ imprisonment for accepting bribes from an owner of an automobile collision shop in exchange for referring stolen and abandoned vehicles recovered in the City of Detroit to that shop, United States Attorney Matthew Schneider announced today.
Schneider was joined in the announcement by Timothy Slater, Special Agent in Charge, Federal Bureau of Investigation, Patricia Armstrong, U.S. Postal Inspector in Charge, U.S. Postal Inspection Service, Detroit Division and Chief James Craig, Detroit Police Department, Patricia Armstrong, U.S. Postal Inspector in Charge, U.S. Postal Inspection Service, Detroit Division and Chief James Craig, Detroit Police Department. The defendant was actively employed with the Detroit Police Department at the time of the offense.
Charles Wills, age 53, was sentenced by U.S. District Judge Robert Cleland. Wills previously pleaded guilty to two counts of extortion.
According to the facts alleged in the superseding indictment and further developed at the plea hearing and in sentencing briefing, Wills accepted cash payments from the owner/operator of a Detroit collision shop in exchange for referring abandoned vehicles to that shop for repairs. Wills also accepted cash from other collision shops, wrote false police reports, and introduced another officer to the scheme of accepting cash in exchange for referring vehicles to collision shops.
This is the fifth defendant to have been sentenced as a result of this investigation. The sixth defendant, Deonne Dotson, is awaiting trial.
All of the Officers were charged with engaging in extortion for using their official positions as Police Officers to refer cars to certain collision shops in exchange for cash payments.
The investigation was conducted by the FBI, the U.S. Postal Inspection Service, Detroit Police Department and the following agencies from the FBI Detroit Area Corruption Task Force: Michigan State Police and U.S. Customs and Border Protection, Office of Professional Responsibility, Investigative Operation Division.
The FBI Detroit Area Corruption Task Force is comprised of personnel from the Detroit Division of the FBI; Michigan State Police; Michigan Department of Attorney General; Detroit Police Department; U.S. Internal Revenue Service, Criminal Investigation Division; U.S. Customs and Border Protection, Office of Professional Responsibility, Investigative Operations Division; U.S. Postal Inspection Service; U.S. Department of Labor, Office of the Inspector General, Office of Labor Racketeering and Fraud Investigations; U.S. Department of Housing and Urban Development, Office of the Inspector General; U.S. Department of Transportation, Office of the Inspector General; U.S. Department of Homeland Security, Office of the Inspector General; U.S. Department of Education, Office of the Inspector General; and U.S. Environmental Protection Agency, Office of the Inspector General.
The case is being prosecuted by Assistant United States Attorneys Sarah Resnick Cohen and Craig A. Weier
Former CEO of Sunnyvale-Based Tech Company Sentenced to Two Years in Prison for Insider Trading in His Company’s SecuritiesRead the Press Release
SAN JOSE – Peter C. Chang, founder and former chief executive officer of a Sunnyvale-based fiber optics equipment maker, was sentenced to 24 months in prison today for insider trading and tender offer fraud, announced Acting United States Attorney Alex G. Tse and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The sentence was handed down by the Honorable Lucy H. Koh, United States District Judge.
Chang, 60, of Los Altos, Calif., was the President, Chief Executive Officer (CEO), and Chair of the Board of Directors of Alliance Fiber Optic Products, Inc. (AFOP), a manufacturer of fiber optic components based in Sunnyvale, Calif. AFOP was publicly traded on the NASDAQ until the company was acquired in June 2016. According to his February 21, 2018, guilty plea, Chang used two brokerage accounts, held in the names of his brother and his wife, to purchase and sell AFOP stock. He admitted that he had access to material nonpublic information about the company, and that his duty of confidentiality and company policies regarding insider trading prevented him from trading on the information.
Further, Chang admitted that he sold AFOP stock in the days prior to two public announcements of the company’s earnings on October 28, 2015 and February 18, 2016. The timing of these sales allowed Chang to avoid losses he would otherwise have incurred when the stock price dropped after the announcements. Chang further admitted that in March 2016, he purchased AFOP stock while he knew material nonpublic information about a potential acquisition of the company by a larger public company. The acquisition of AFOP was publicly announced on April 7, 2016.
In addition to the prison term, Judge Koh ordered Chang to serve three years of supervised release. Chang is currently free on bond; Judge Koh ordered him to self-surrender on or before September 12, 2018, to begin serving his sentence.
Assistant U.S. Attorney Lloyd Farnham is prosecuting the case with the assistance of Claudia Hyslop, Phillip Villanueva, and Bridget Kilkenny. The prosecution is the result of an investigation by the FBI. Additional assistance was provided by the San Francisco Regional Office of the Securities and Exchange Commission.
Former Bureau of Prisons Correctional Officer Sentenced to 5 Years in Prison for Participating in Prison-Based Fraud SchemeRead the Press Release
Former Bureau of Prisons (BOP) correctional officer Michael Mazar, 39, of Hollywood, was sentenced today to 5 years in prison and ordered to pay over $8 million in restitution for his participation in a mail and wire fraud scheme orchestrated from a Miami federal prison.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, Robert F. Lasky, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Robert A. Bourbon, Special Agent in Charge, United States Department of Justice, Office of the Inspector General (DOJ-OIG), Miami Field Office, made the announcement.
According to information disclosed in court, Mazar was employed as a BOP correctional officer at the Federal Detention Center in Miami, Florida, from July 2009 through April 2017. In February 2017, Mazar provided co-conspirator James Sabatino, an inmate, with several cellular telephones and other items. Using the contraband cellular telephones provided by Mazar, Sabatino contacted several retail and jewelry store employees and brand representatives via telephone calls, e-mails, and text messages. Sabatino pretended to be an employee of various film and music companies and convinced the victims to send retail items such as handbags, wristwatches, apparel, and jewelry to various locations in South Florida and elsewhere.
According to the Indictment, the victim companies shipped the retail items and jewelry to Sabatino’s co-conspirators, who then sold the fraudulently obtained items at pawnshops and jewelry stores in South Florida and elsewhere. Mazar received the ill-gotten proceeds, including retail items, jewelry, and U.S. currency, from these co-conspirators and stored them at his residence.
According to information disclosed in court, Sabatino, while in prison, directed Mazar and other co-conspirators to travel to Atlanta, Georgia, from South Florida, in order to transport and sell several pieces of fraudulently obtained jewelry valued at over $3 million. Mazar transported a portion of the proceeds from the sale of the stolen jewelry from Atlanta, Georgia, to South Florida.
Sabatino previously pled guilty to a related racketeering charge in the Southern District of Florida, Case Number 16-20519-CR-Lenard. On November 13, 2017, Sabatino was sentenced to a term of 20 years in prison.
Mazar previously pled guilty to one count of conspiracy to commit mail and wire fraud, in violation of Title 18, United States Code, Section 1349. U.S. District Judge Marcia G. Cooke sentenced Mazar to 60 months in prison and 3 years of supervised release. Mazar was also ordered to pay $8,949,025.11 in restitution.
Mr. Greenberg commended the investigative efforts of the FBI and DOJ-OIG. This case was prosecuted by Assistant United States Attorneys Christopher Browne and Nalina Sombuntham.
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.
El Departamento de Justicia y el Tribunal de Circuito del Condado de Eau Claire, Wisconsin Colaboran para Asegurar la Igualdad de Acceso para Usuarios del Tribunal con un Dominio Limitado del Inglés Mediante una Clase Operada por el TribunalRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con el Tribunal de Circuito del Condado de Eau Claire para resolver una denuncia que había recibido de la Asociación Hmong para Asistencia Mutua de la Zona de Eau Claire que alegó que el Tribunal de Circuito del Condado de Eau Claire no brindó los servicios apropiados de apoyo lingüístico a usuarios del tribunal con un dominio limitado del inglés (LEP, por sus siglas en inglés). En concreto, la denuncia alegó que el tribunal requería que personas que querían divorciarse asistieran a una clase que se llama «Familias en Transición», pero la clase solo estaba disponible en inglés.
El Departamento comenzó a trabajar con el Tribunal de Circuito del Condado de Eau Claire en septiembre del 2017, cuando el denunciante presentó su denuncia alegando que los obstáculos existentes en los procedimientos de divorcio con base en el dominio lingüístico vulneran la prohibición contra la discriminación por motivos de nacionalidad de origen contenida en el Título VI de la ley de Derechos Civiles de 1964 (el Título VI). El Título VI requiere que recipientes de fondos federales, tales como las cortes, ofrezcan servicios lingüísticos significativos a individuos LEP en todos los procedimientos y operaciones del tribunal.
El acuerdo entre el Departamento y el Tribunal de Circuito del Condado de Eau Claire describe las acciones que el tribunal ha comenzado a tomar para responder a las preocupaciones planteadas durante la revisión federal, así como los esfuerzos actuales y futuros del tribunal por garantizar la provisión continua de apoyo lingüístico integral para la clase de «Familias en Transición», la participación comunitaria y la capacitación del personal del tribunal que interactúe con usuarios del tribunal que son LEP.
«Felicitamos al Tribunal de Circuito del Condado de Eau Claire por su compromiso a garantizar el acceso significativo en los tribunales para todos, independiente de su nacionalidad de origen», declaró el Fiscal General Auxiliar en funciones, John Gore. «Esta colaboración entre el Departamento de Justicia y el Tribunal de Circuito del Condado de Eau Claire mejorará la capacidad del Tribunal por ofrecer la igualdad de acceso durante el proceso judicial completo».
Esta denuncia se resolvió como parte de los esfuerzos de la Sección Federal de Coordinación y Cumplimiento (FCS) de la División de Derechos Civiles por asegurar que los tribunales estatales cumplan con los requisitos para el acceso lingüístico del Título VI. Ningún individuo LEP debe ser denegado el acceso a la justicia porque un tribunal no proporciona servicios lingüísticos. El equipo de la FCS para los tribunales proporciona una orientación política y apoyo técnico a los sistemas de tribunales estatales y se encarga de acciones de aplicación de la ley por todo el país.
Enlace al acuerdo (en inglés)
Eagle Butte Woman Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Assault Resulting in Serious Bodily Injury was sentenced on June 11, 2018, by U.S. District Judge Roberto A. Lange.
Lynsi Bad Warrior, age 34, was sentenced to 34 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Bad Warrior was indicted by a federal grand jury on July 18, 2017. She pled guilty on March 19, 2018.
The conviction stemmed from an incident on April 7, 2017, when Bad Warrior was drinking. Bad Warrior heard that a certain individual was at the tree line behind the Lakota Thrifty Mart in Eagle Butte. Bad Warrior caught a ride to the tree line to look for that individual. When Bad Warrior found the individual, she assaulted them. Bad Warrior punched the victim approximately 16 times, and also kicked and stomped on their head and throughout their body approximately 14 times, while the victim laid on the ground defenseless. Bad Warrior was wearing shoes at the time. A video was made of the assault and posted on You Tube. Law enforcement was called and two officers from the Cheyenne River Sioux Tribe Law Enforcement Services responded. When they arrived on scene, they found the victim laying on the ground unconscious, and an ambulance was requested. The victim began having seizures prior to the ambulance arriving. The victim was transported by ambulance to the Indian Health Services Emergency Room.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Bad Warrior was immediately turned over to the custody of the U.S. Marshals Service.
Deputy Attorney General Rod Rosenstein Meets with Canadian Law Enforcement OfficialsRead the Press Release
A Department of Justice official released the following statement at the conclusion of Deputy Attorney General Rod Rosenstein’s trip to Canada, where he met with senior government officials from the Quebec Provincial Prosecutor’s Office, the Canadian Department of Justice, the Canadian Ministry of Public Safety, and the Public Prosecution Service of Canada, as well as representatives of the Department of State and several U.S. law enforcement agencies.
"Deputy Attorney General Rosenstein held productive meetings with Canadian law enforcement officials in Montreal and Ottawa. He met with Deputy Minister of Public Safety Malcolm Brown and Canadian Department of Justice Associate Deputy Minister Francois Daigle and their respective teams, as well as officials from the Quebec Provincial Prosecutor’s Office and the Public Prosecution Service of Canada. He thanked them for their critical partnership in the fight against transnational criminal organizations and cyber criminals, and discussed ways to further limit the flow of illegal drugs and firearms across our borders. Deputy Attorney General Rosenstein emphasized the Trump Administration’s commitment to sharing information about terrorists and other criminals, to cutting red tape and reducing inefficient bureaucratic processes, and to fighting against threats to the safety and security of all Americans and Canadians.
“The Deputy Attorney General also met with U.S. Ambassador Kelly Craft, with officials of the U.S. Consulate in Montreal and the U.S. Embassy in Ottawa, and with Canada-based representatives of U.S. law enforcement agencies, including ATF, DEA, FBI, IRS, ICE-HSI, and Customs & Border Protection. Finally, Deputy Attorney General Rosenstein visited the Canadian Parliament, where he had the pleasure of meeting the Senate Speaker, several Senators, and their staffs, and attending sessions of the Canadian Senate and House. He also spoke at the International Economic Forum in Montreal. He appreciated the hospitality extended in Montreal and Ottawa and looks forward to continued close cross-border collaboration with our Canadian law enforcement partners.”Department of Justice Announces Place to Worship InitiativeRead the Press Release
The Department of Justice today announced the “Place to Worship Initiative,” which will focus on protecting the ability of houses of worship and other religious institutions to build, expand, buy, or rent facilities—as provided by the land use provisions of the Religious Land Use and Institutionalized Persons Act (RLUIPA).
In announcing the initiative, Attorney General Sessions provided the following statement:
“The Constitution doesn't just protect freedom to worship in private—it protects the public exercise of religious belief, including where people worship together," Attorney General Sessions said. "Under the laws of this country, government cannot discriminate against people based on their religion--not in law enforcement, not in grant-making, not in hiring, and not in local zoning laws. President Trump is an unwavering defender of the right of free exercise, and under his leadership, the Department of Justice is standing up for the rights of all Americans. By raising awareness about our legal rights, the Place to Worship Initiative will help us bring more civil rights cases, win more cases, and prevent discrimination from happening in the first place."
The Department will work with the United States Attorney’s Offices to strengthen awareness of the land use provisions of RLUIPA by: hosting community outreach events across the country, educating municipal officials and religious organizations about RLUIPA’s requirements, and providing additional training and resources for federal prosecutors. The first community outreach event under the initiative will be held on June 25, in Newark, New Jersey, led by the U.S. Attorney’s Office for the District of New Jersey. The Department today is also launching a new web page, including an information page and easily accessible complaint portal, a new Q and A document on RLUIPA, and other materials. In addition, the Department has created a new RLUIPA tool kit for Department lawyers working on RLUIPA cases, and is holding a webinar on June 26 for providing training and resources for U.S. Attorney’s offices.
RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. Specifically, RLUIPA bars land use regulations that impose a substantial burden on religious exercise without a compelling justification, requires governments to treat houses of worship as favorably as nonreligious assemblies, and bars governments from discriminating among religions and from totally or unreasonably excluding houses of worship.
The Justice Department also announced today that it brought a RLUIPA complaint against the Borough of Woodcliff Lake and the Woodcliff Lake Zoning Board of Adjustment in New Jersey.
Persons who believe their rights under RLUIPA have been violated may contact the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339 or the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743.
More information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/rluipa.
Department of Justice Announces Place to Worship InitiativeRead the Press Release
The Department of Justice today announced the “Place to Worship Initiative,” which will focus on protecting the ability of houses of worship and other religious institutions to build, expand, buy, or rent facilities—as provided by the land use provisions of the Religious Land Use and Institutionalized Persons Act (RLUIPA).
In announcing the initiative, Attorney General Sessions provided the following statement:
“The Constitution doesn't just protect freedom to worship in private—it protects the public exercise of religious belief, including where people worship together," Attorney General Sessions said. "Under the laws of this country, government cannot discriminate against people based on their religion--not in law enforcement, not in grant-making, not in hiring, and not in local zoning laws. President Trump is an unwavering defender of the right of free exercise, and under his leadership, the Department of Justice is standing up for the rights of all Americans. By raising awareness about our legal rights, the Place to Worship Initiative will help us bring more civil rights cases, win more cases, and prevent discrimination from happening in the first place."
The Department will work with the United States Attorney’s Offices to strengthen awareness of the land use provisions of RLUIPA by: hosting community outreach events across the country, educating municipal officials and religious organizations about RLUIPA’s requirements, and providing additional training and resources for federal prosecutors. The first community outreach event under the initiative will be held on June 25, in Newark, New Jersey, led by the U.S. Attorney’s Office for the District of New Jersey.
The Department today is also launching a new web page, including an information page and easily accessible complaint portal, a new Q and A document on RLUIPA, and other materials (https://www.justice.gov/crt/place-worship-initiative). In addition, the Department has created a new RLUIPA tool kit for Department lawyers working on RLUIPA cases, and is holding a webinar on June 26 for providing training and resources for U.S. Attorney’s offices.
RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. Specifically, RLUIPA bars land use regulations that impose a substantial burden on religious exercise without a compelling justification, requires governments to treat houses of worship as favorably as nonreligious assemblies, and bars governments from discriminating among religions and from totally or unreasonably excluding houses of worship.
The Justice Department also announced today that it brought a RLUIPA complaint against the Borough of Woodcliff Lake and the Woodcliff Lake Zoning Board of Adjustment in New Jersey (https://www.justice.gov/opa/pr/justice-department-files-lawsuit-against-borough-woodcliff-lake-new-jersey-over-denial-zoni-0?utm_medium=email&utm_source=govdelivery).
Persons who believe their rights under RLUIPA have been violated may contact the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339, the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or the U.S. Attorney’s Office for the Southern District of Florida at (305) 961-9327.
More information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/rluipa.
Daly City Methamphetamine Trafficker Sentenced to Ten Years in PrisonRead the Press Release
SAN FRANCISCO – Carlos Maturana was sentenced today to 10 years in prison for his role in a conspiracy to distribute and possess with intent to distribute methamphetamine, announced Acting United States Attorney Alex G. Tse and Drug Enforcement Administration Acting Special Agent in Charge Jerry A. Miller. The sentence was handed down today by the Honorable Charles R. Breyer, U.S. District Judge.
Maturana, 26, of Daly City, pleaded guilty on January 31, 2018. He admitted that from June 6, 2016, through August 15, 2016, he participated in a conspiracy to distribute and possess with intent to distribute methamphetamine. Specifically, Maturana admitted that on June 8, 2016, he supplied his co-defendant, Juan Guillermo Estrada-Zapata, 28, of Daly City, with approximately one-half pound of methamphetamine. Later that day, Estrada-Zapata sold that one-half pound of methamphetamine to an undercover DEA agent for $2,200. Further, Maturana admitted that on August 3, 2016, he again supplied Estrada-Zapata with approximately one-half of a pound of methamphetamine. Later that day, Estrada-Zapata again sold the one-half pound of methamphetamine to the undercover DEA agent for $2,200.
Maturana was arrested on August 15, 2016. On that day, Maturana arranged to supply Estrada-Zapata with approximately three pounds of methamphetamine that was supposed to besold the undercover agent for $11,000. Law enforcement authorities arrived at Maturana’s house prepared to execute a search warrant prior to the planned drug transaction. The authorities saw Maturana walk from his house to his car while carrying a brown shopping bag and a black gym bag. Authorities approached Maturana, searched the bags he was carrying, and executed the search warrant. Authorities seized approximately seven and a half pounds of methamphetamine, a Bersa .45 caliber pistol loaded with a magazine containing six rounds of ammunition, approximately 62 grams of cocaine, almost $3,000 in cash, a Browning .40 caliber pistol, one loaded magazine containing seven rounds of .45 caliber ammunition, 12 rounds of .38 caliber ammunition, and almost 800 grams of marijuana.
On May 4, 2017, a federal grand jury indicted Maturana and Estrada-Zapata with conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine, in violation of 21 United States, Code, Sections 846, 841(a)(1), and 841(b)(1)(A) as well as substantive distribution charges. Pursuant to his plea agreement, Maturana pleaded guilty to the conspiracy and the distribution charge was dismissed.
In addition to the prison term, Judge Breyer also sentenced Maturana to a five-year period of supervised release.
Estrada-Zapata pleaded guilty on December 6, 2017, to conspiring to distribute and possess with intent to distribute 500 grams or more of methamphetamine. On May 2, 2018, Judge Breyer sentenced Estrada-Zapata to two years in prison and a five-year term of supervised release.
Assistant U.S. Attorney Christiaan Highsmith is prosecuting the case with the assistance of Adria Trgovcich, Linda Love, and Theresa Benitez. The prosecution is the result of an investigation by the Drug Enforcement Administration Metro Task Force, the San Mateo County Narcotics Task Force, and the San Francisco Police Department Narcotics Unit.
Crossett Man Sentenced to 6 Years in Federal Prison for Receiving and Possession of Child PornographyRead the Press Release
El Dorado, Arkansas – Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced today that Ian Mitchell Ashcraft, age 28, of Crossett, Arkansas was sentenced yesterday to 72 months in federal prison followed by fifteen years of supervised release on one count each of Receiving Child Pornography and Possession of Child Pornography. The Honorable Susan O. Hickey presided over the sentencing hearing in the United States District Court in El Dorado.
According to court records, in October of 2015, the United States Secret Service intercepted an Internet Protocol address which was downloading images of child pornography from the file sharing program Freenet. A subsequent search warrant to internet service provider, returned to the residence of Ian Mitchell Ashcraft of Crossett, Arkansas. On February 8, 2016, law enforcement officers with the Arkansas State Police Cyber Crimes Unit, United States Secret Service and Homeland Security Investigations executed a search warrant of Ashcraft’s residence. Several electronic devices capable of accessing the internet, owned by Ashcraft, were seized by agents. A subsequent forensic examination of an external hard drive seized from Ashcraft’s bedroom yielded numerous images and videos depicting child pornography.
Ashcraft was indicted in July 2017 on federal charges and plead guilty in September 2017.
This case was investigated by the United States Secret Service (USSS) and the National Center for Missing and Exploited Children (NCMEC). Assistant United States Attorney Denis Dean prosecuted the case for the United States.
Crips Gang Member Sentenced to Life in Prison for Murder in-Aid-of Racketeering and Other CrimesRead the Press Release
Earlier today, in federal court in Central Islip, Eric Smith, also known as “Esama” and “Esco,” a member of the Long Island-based Rollin’ 60s Crips street gang, was sentenced by United States District Judge Joanna Seybert to four consecutive terms of life in prison plus 30 years. Smith was convicted by a federal jury on June 15, 2017, following five weeks of trial, on 11 counts including murder in-aid-of racketeering, racketeering, Hobbs Act robbery and conspiracy to commit murder. These charges arose out of Smith’s participation in the Rollin’ 60s set of the Crips that for more than a decade engaged in violent criminal activity in Roosevelt, New York.
Richard P. Donoghue, United States Attorney for the Eastern District of New York; William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); Madeline Singas, Nassau County District Attorney; and Patrick Ryder, Commissioner, Nassau County Police Department (NCPD), announced the sentence.
“Eric Smith took a life for his gang, and now he will be serving life in prison,” stated United States Attorney Donoghue. “The violence committed by this defendant harmed not only his murder and shooting victims, but also the larger community, which is now significantly safer as a result of the efforts by this Office and our law enforcement partners to dismantle the Rollin’ 60 Crips. We will continue to work tirelessly to prosecute violent gangs that plague Long Island communities like Roosevelt with violence, drugs and fear.” Mr. Donoghue extended his grateful appreciation to the law enforcement agencies involved in the investigation, in particular, the FBI’s Long Island Gang Task Force and the Gang Investigations Squad of the NCPD.
“Eric Smith showed no regard for the life of his victim, and he’ll now pay for his actions by spending the rest of his life in prison,” stated FBI Assistant Director-in-Charge Sweeney. “Members of the community in Roosevelt, and neighboring communities, should be able to live in a safe environment, and not fear the endless violence this gang inflicted on them. The FBI Long Island Gang Task Force has been dogged and diligent in successfully eradicating these criminals from communities that deserve better.”
“The brutal Rollin’ 60s Crips terrorized the Roosevelt community, and our neighborhoods are safer with this murderer behind bars for life,” stated Nassau County District Attorney Singas. “Law enforcement at the federal, state, and local levels is united in our commitment to rid Long Island of the violent gangs that have destroyed so many lives, and we will continue our unprecedented collaboration and partnership to keep our communities safe from these predators.”
“The initial arrest and subsequent sentencing of defendant Smith is a clear sign that this type of gang activity will never be tolerated,” stated NCPD Commissioner Ryder. “The Roosevelt community is a safer place with this arrest and we will continue our efforts to keep all communities safe. I would also like to thank all of the associated agencies and their investigators on a job well done.”
At trial, the government proved that Smith was a high-ranking member of the Rollin’ 60s set of the Crips, a racketeering enterprise based in Roosevelt that engaged in murder, attempted murder, narcotics trafficking and firearms trafficking to maintain control of their turf for nearly a decade. Between 2003 and 2013, the gang followed an “on-sight” rule, created by the gang’s leader Raphael Osborne, which required members to attack members of the rival Bloods street gang in the Roosevelt community. In observance of this rule, Smith participated in over a dozen shootings. The evidence at trial also established Smith’s participation in robberies with fellow gang members to acquire cash and drugs to be resold on the streets of Roosevelt. Smith was convicted for his role in two robberies that he committed in the fall of 2010 with fellow gang members.
Smith also was convicted of the December 15, 2010 murder of 19-year-old James McClenic, a member of the rival Bloods street gang. After hours of searching for McClenic, Smith found him sitting in a parked car at a gas station in Hempstead. Smith, wearing a black ski mask and armed with a .40 caliber semi-automatic pistol, crept up to McClenic and opened fire at close range killing him. In the wake of McClenic’s murder, the Bloods retaliated against Smith and other members of the Crips street gang. Smith and the leader of the Rollin’ 60s dispatched younger members of the Crips to strike back, igniting a gang war on the streets of Roosevelt.
The government’s investigation has led to the arrest and conviction of more than 20 members and associates of the Rollin’ 60s Crips. During the 10 months prior to the defendants’ arrests, Roosevelt averaged more than one shooting incident every two weeks. Following the arrests of these individuals, Roosevelt, New York went 109 days without a shooting incident. To date, 13 defendants, including Smith, have been sentenced:
- on June 21, 2016, Jahmani Hamilton was sentenced to 10 years’ imprisonment
- on August 4, 2016, Kurtis Philip was sentenced to 10 years’ imprisonment
- on August 5, 2016, Courtney Smith was sentenced to 10 years’ imprisonment
- on September 23, 2016, Merlyn Benitez was sentenced to 10 years’ imprisonment
- on October 13, 2016, Derick Hernandez was sentenced to a term of 20 years’ imprisonment that will run consecutively to a four-year state sentence he is presently serving
- on October 19, 2016, Kwame Lake was sentenced to a term of five years’ imprisonment that will run consecutively to an eight-year state sentence he is presently serving
- on November 4, 2016, Tyshawn Gitto was sentenced to 13 years’ imprisonment
- on January 13, 2017, Branden Short was sentenced to 30 months’ imprisonment
- on January 13, 2017, the gang’s leader Raphael Osborne was convicted after trial and sentenced to three life sentences plus 135 years
- on April 21, 2017, Rommel Lobban was sentenced to 15 years’ imprisonment
- on April 25, 2017, Daquanne Nunn was sentenced to 13 years’ imprisonment
- on January 12, 2018, Rudy Montour was sentenced to 15 years’ imprisonment that will run consecutively to a 13-year state sentence he is presently serving.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Nicole Boeckmann, Christopher Caffarone and Michael Maffei are in charge of the prosecution.The Defendant
ERIC SMITH (also known as “Esama” and “Esco”)
Age: 29
Roosevelt, Long IslandE.D.N.Y. Docket No. 14-CR-264 (JS), 15-CR428 (JS)
- on June 21, 2016, Jahmani Hamilton was sentenced to 10 years’ imprisonment
Court Orders Former Postmaster to Pay $353,441.42 for Defrauding the United States Postal ServiceRead the Press Release
A man from Arlington, South Dakota, has been ordered to pay $353,441.42 to the United States for defrauding the United States Postal Service. As postmaster from 2010 until 2015, Craig Christeson devised a scheme whereby he falsely certified receipt of spoiled postage meter strips, printed and cashed money orders, then kept the money. On June 27, 2016, Christeson pleaded guilty to Theft of Government Funds, 8 U.S.C. § 641, and was ordered to pay restitution in the amount of $8,970.71 (United States v. Craig John Christeson, CR 15-40117-1).
The U.S. Attorney’s Office then brought a civil action pursuant to the False Claims Act (FCA), 31 U.S.C. § 3729(a)(1), the Government's primary litigation tool in combating fraud. The FCA imposes significant civil penalties on persons and companies who knowingly submit false claims to obtain federal funds. Persons who submit a false claim must pay to the United States a civil penalty between $5,500 and $11,000 for each false claim, plus three times the amount of damages the government sustained. Pursuant to the FCA, the Court has ordered Christeson to pay a civil judgment of $353,441.42 to the United States. As a basis for that holding, District Judge Karen E. Schreier noted that the fraud was intentional, and that it continued over multiple years. Criminal restitution, penalties, and debts obtained by fraud are not dischargeable in bankruptcy. 11 U.S.C. § 523.
The U.S. Attorney’s Office places a high priority on criminal and civil enforcement in cases involving all types of fraud committed against the government, and works with various law enforcement agencies to identify and investigate these matters. “Crime does not pay,” said U.S. Attorney Ron Parsons. “This case should serve notice that we are going to come after anyone who steals from the United States government with every tool we have.”
The investigation was conducted by the U.S. Postal Service, Office of Inspector General. Assistant U.S. Attorneys Ann M. Hoffman and Cheryl Schrempp DuPris prosecuted the criminal and civil cases respectively.
Clay County Man Found with More than 5 Pounds of Methamphetamine Sentenced to 16 YearsRead the Press Release
LONDON, Ky.— Richard Walker, 33, of Manchester, Ky., was sentenced Tuesday to 16 years in federal prison, by United States District Court Judge Gregory F. Van Tatenhove, for conspiracy to distribute 500 grams or more of a methamphetamine mixture.
Walker pleaded guilty to the charges in February of 2017. During his guilty plea, Walker admitted that he had regularly obtained kilogram quantities of methamphetamine and sold it in Laurel County and Clay County, Kentucky. These charges were related to the seizure of more than five pounds of methamphetamine from Walker, in May of 2016.
Under federal law, Walker must serve 85 percent of his prison sentence, and, upon release, will be under the supervision of the United States Probation Office for 10 years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Stuart Lowrey, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms, and Explosives; and Chris Fultz, Manchester Police Chief, jointly made the announcement. The United States Marshals Service and the Kentucky State Police also assisted in the investigation. The United States was represented by Assistant United States Attorney Andrew H. Trimble.
Cedar Rapids Synthetic Drug Distributor Sentenced to Nearly 20 Years in Federal PrisonRead the Press Release
A man who sold synthetic cannabinoids (K2) to homeless people was sentenced on June 13, 2018, to nearly 20 years in federal prison.
Benjamin Michael McCauley, age 45, from Cedar Rapids, Iowa, received the prison term after a December 5, 2017, guilty plea to possessing with intent to distribute controlled substances called XLR-11, AB‑PINACA, and AB‑CHMINACA, AB‑FUBINACA.
In a plea agreement, McCauley admitted he started selling synthetic cannabinoids in 2014. McCauley’s brother, Matthew McCauley, was prosecuted in federal court at that time for using his Cedar Rapids business, the Fragrance Hut, as a place to sell illegal synthetic drugs. Benjamin McCauley admitted that after his brother was arrested on the federal drug charges, Benjamin reached out to Matthew’s online suppliers to purchase synthetic cannabinoid products, but was rejected. McCauley and an associate then used the associate’s name to order the synthetic drugs. McCauley also admitted that he regularly supplied another individual with synthetic cannabinoids to sell to people in the free lunch line in Iowa City.
In March 2015, officers conducted a search of McCauley’s residence and seized over 240 grams of synthetic cannabinoids in product packaging labeled “Buddah Shack,” “Joker,” and “Get Real.” The packaging also contained disclaimers that the products were “not for human consumption.” McCauley admitted he possessed the synthetic cannabinoids and intended to distribute some or all of them to others, whom he knew would consume the products. McCauley also admitted that he used and distributed methamphetamine. Court documents reflect that McCauley and his associates would also recruit homeless people to purchase boxes of pseudoephedrine so McCauley and his associates could manufacture methamphetamine. McCauley and his associates would sometimes pay the homeless people for the pseudoephedrine with synthetic cannabinoids.
McCauley was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. At the sentencing hearing, Judge Reade noted that McCauley had 68 prior criminal convictions, including several for violent offenses. Court records reflect that McCauley’s criminal history included a conviction for domestic abuse assault causing bodily injury in which he assaulted a woman by “grabbing her and hitting her on the back of her head several times” and “[w]hen she turned and looked up at the defendant and pleaded for him to stop, he struck her between the eyes, knocking her unconscious.”
McCauley was sentenced to 235 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
McCauley is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case investigated by the High Risk Unit of the Sixth Judicial District Department of Corrections and was prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-74-LRR.
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Cedar Rapids Felon Sentenced to Twenty Years in Federal Prison after Attempting to Extort Internet Domain Name in an Armed Home InvasionRead the Press Release
A federal felon who entered a Cedar Rapids home armed with a stolen firearm and pistol-whipped and Tased its owner was sentenced today to twenty years in prison in federal court in Cedar Rapids. Sherman Hopkins, Jr., age 43, from Cedar Rapids, Iowa, received the prison term after a December 2017 guilty plea to one count of interference and attempted interference with commerce by threats and violence, in violation of 18 U.S.C. § 1951. The case is the first Hobbs Act Extortion prosecution in the district involving the attempt to steal an Internet domain name.
At the plea hearing and in a plea agreement, Hopkins admitted that on June 21, 2017, he entered the victim’s home and assaulted the victim in an attempt to obtain the victim’s property, specifically, the Internet domain “doitforstate.com.” Hopkins carried and brandished a Smith & Wesson 9mm pistol, which was stolen from Michigan in 2014. Hopkins was a convicted felon as the result of a 2006 conviction for perjury in the United States District Court for the Northern District of Iowa.
Information from the plea agreement and court hearings showed that on June 21, 2017, Hopkins entered the victim’s home in Cedar Rapids. Hopkins was carrying a cellular telephone and the gun and was wearing a hat, pantyhose on his head, and dark sunglasses on his face.
The victim was upstairs and heard Hopkins enter the home. From the top of a staircase, the victim saw Hopkins with the gun on the first floor. Hopkins shouted at the victim, who then ran into an upstairs bedroom and shut the door, leaning up against the door to stop Hopkins from entering. Hopkins went upstairs and kicked the door open.
Hopkins grabbed the victim by the arm and demanded to know where he kept his computer. When the victim told Hopkins that he kept his computer in his home office, Hopkins forcibly moved the victim to the office. Hopkins ordered the victim to turn on his computer and connect to the Internet. Hopkins pulled out a piece of paper from his pocket, which contained a series of directions on how to change an Internet domain name from one GoDaddy account to another GoDaddy account. Hopkins put the firearm against the victim’s head and ordered him to follow the directions on the piece of paper. Hopkins also took the victim’s cell phone and threw it so that he could not call for help.
The victim asked Hopkins for a mailing address and phone number, because GoDaddy required the transferee’s mailing address and phone number to effectuate the change of ownership of the domain name. Hopkins then pistol whipped the victim several times in the victim’s head. Hopkins also pulled out a Taser and “Tased” the victim several times in his left arm, back, and neck.
Hopkins became more violent, hitting the victim in the head and berated the victim. Hopkins then cocked the gun. Fearing for his life, the victim quickly turned to move the gun away from his head. The victim then managed to gain control of the gun, but during the struggle, he was shot in the leg. The victim shot Hopkins multiple times in his chest. He then contacted law enforcement.
Hopkins is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case is being prosecuted by Assistant United States Attorneys Tim Vavricek and Dan Tvedt and was investigated by the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-59-LRR.
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