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25 July 2018
Gulfport Woman Sentenced to 10 Years in Federal Prison for Illegally Possessing FirearmRead the Press Release
Gulfport, Miss – Erin Woods a/k/a Erin Graham, 34 of Gulfport, was sentenced today by U.S. District Judge Louis Guirola, Jr. to the maximum 10 years in federal prison followed by 3 years of supervised release for being a user of controlled substances in possession of a firearms, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Woods was also ordered to pay a $5,000 fine.
The case began with the Bureau of ATF getting reports of a felon selling firearms and possessing hand grenades. The report led to the October 5, 2017, search of the Gulfport home of Erin Woods and two other individuals, one of whom was Woods’ boyfriend and a convicted felon. Twenty-one firearms stolen from Woods’ father and methamphetamine were seized in the search. Woods, who had no prior felony convictions, admitted she had regularly consumed crack cocaine and methamphetamine.
U.S. Attorney Hurst commended the incredible work conducted by ATF agents to track down and recover the numerous stolen firearms. The case was prosecuted by Assistant United States Attorney Annette Williams.
Georgia Woman Pleads Guilty to Role in Interstate Prostitution RingRead the Press Release
BOSTON – A Georgia woman pleaded guilty today in connection with her role in a long-running interstate prostitution ring.
Susan Bashir, a/k/a “Susan Redmon,” a/k/a “Susan Redmond,” 41, of Stone Mountain, Ga., pleaded guilty to one count of conspiracy to persuade, induce, entice, or coerce individuals to travel in interstate commerce to engage in prostitution and one count of conspiracy to engage in money laundering. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Nov. 8, 2018. On March 15, 2018, Bashir was charged and arrested along with Jineok Kim, 38, of Watertown, Mass; Yoon I. Kim, 36, of Haymarket, Va.; Taehee Kim, a/k/a “Hyunsook Kim,” 46, of Haymarket, Va.; and Kyung Song, 52, of Lexington, Mass.
According to court documents, Bashir worked for the prostitution network from at least 2013 until March 2018. The prostitution network had multiple brothels in high-end apartments in Cambridge, Mass.; Atlanta, Ga.; and eastern Virginia. They advertised appointments with Asian women primarily on three websites: www.bostonasiandolls.com, www.exoticasiansatlanta.com, and www.redhotflowers69.com. The women advertised on the websites were moved from city to city within the network, working as prostitutes for the organization.
Bashir’s role in the scheme involved screening potential clients that called to book an appointment and then arranging logistics for the client to meet with one the advertised women. Bashir also updated the prostitution websites and calculated the payments for each prostitute based on the number of clients she had met with. In addition, Bashir collected the cash earnings from the women working at the Georgia brothels and made bulk deposits at ATMs, funneling the money into accounts allegedly controlled by Taehee Kim and Yoon Kim.
The charge of conspiracy to persuade, induce, entice, or coerce women to travel in interstate commerce to engage in prostitution provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain/loss, whichever is greater. The charge of conspiracy to engage in money laundering provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $500,000 or twice the value of the laundered funds. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Andrew E. Lelling; Peter C. Fitzhugh Special Agent in Charge of Homeland Security Investigations in Boston; Delany De Leon-Colon, Acting Inspector in Charge of the U.S. Postal Inspection Service; and Cambridge Police Commissioner Branville G. Bard Jr. made the announcement today. Assistant U.S. Attorneys David J. D’Addio and Amy Harman Burkart of Lelling’s Civil Rights Enforcement Team are prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Manager of Colony Arms Apartment Complex Pleads Guilty to Bribery for Seeking Bribes from the PoorRead the Press Release
Lucresha Frank, 41, of Pontiac, a former manager of the Colony Arms apartments in Detroit, pleaded guilty to bribery, United States Attorney Matthew Schneider announced today.
Schneider was joined in the announcement by Brad Geary, Special Agent in Charge, Housing and Urban Development’s Office of Inspector General and Timothy R. Slater, Special Agent in Charge of the Detroit Field Office of the Federal Bureau of Investigation.
In 2013, Frank worked as a manager of the Colony Arms apartments, a U.S. Department of Housing and Urban Development funded Section 8 housing facility. Frank admitted during her guilty plea that she solicited and accepted cash bribes from prospective tenants in exchange for improperly moving them up on a lengthy waiting list for an apartment. One of the cash bribes she took was from a woman who was then homeless and living in a shelter with her two small children.
“Bribery by those entrusted to provide federally-funded housing to the economically disadvantaged is an atrocity that cannot stand. It is not only a breach of the public trust, it takes advantage of those who are at their financial low point and who are desperate for shelter for themselves and their families,” said U.S. Attorney Matthew Schneider. “As such, this criminal conduct will be uncovered and prosecuted to the fullest extent allowed by federal law.”
“Lucresha Frank’s illegal actions, motivated by her own greed, devastated families experiencing financial distress and prevented those in desperate need from being able to access low cost housing,” said Timothy R. Slater, Special Agent in Charge, Detroit Division of the FBI. “The FBI and our law enforcement partners remain fully committed to investigating and prosecuting anyone who seeks to take advantage of those in our communities through such devious criminal schemes.”
Frank is scheduled to be sentenced on December 6, 2018 before U.S. District Judge Terrence G. Berg. She faces up to 10 years imprisonment and a fine of $250,000.
The investigation of this case was conducted by the U.S. Department of Housing and Urban Development and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney R. Michael Bullotta.
Former Allegheny County Drug Lab Employee Admits Stealing Drug EvidenceRead the Press Release
PITTSBURGH, Pa. – A resident of Pittsburgh, Pennsylvania has pleaded guilty in federal court in Pittsburgh to stealing federal drug evidence from the Allegheny County Office of the Medical Examiner (ACOME), United States Attorney Scott W. Brady announced today.
Matthew Ieraci, 29, was charged by criminal Information on June 20 with one count of theft concerning a program receiving federal benefits. He pleaded guilty today before United States District Judge Mark R. Hornak.
"When government employees tamper with and steal federal evidence, they not only abuse their position of trust, but they also undermine the ability of law enforcement to investigate and prosecute criminal conduct," said U.S. Attorney Brady. "This office will prosecute individuals who criminally undermine the integrity of the investigative process and the public’s confidence in our government institutions."
According to information presented at the guilty plea, on multiple occasions between on or about February 8, 2017, and on or about February 27, 2017, Ieraci stole a total of approximately 52.45 grams of powder alprazolam, a Schedule IV controlled substance, from ACOME, where he was employed as a laboratory scientist. Ieraci stole the evidence from a larger quantity of alprazolam that the United States Postal Inspection Service had submitted to ACOME for chemical analysis in connection with an ongoing multi-jurisdiction, multi-agency federal drug-trafficking investigation. Ieraci, the scientist assigned to analyze the evidence on behalf of ACOME, had received training in proper evidence-handling techniques and was aware of the consequences of evidence tampering, including the possibility that such evidence would not be admissible at trial.
Judge Hornak scheduled sentencing for November 28, 2018. The law provides for a maximum total sentence of not more than 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Eric G. Olshan and Rachael L. Dizard are prosecuting this case on behalf of the government. This prosecution is part of the U.S. Attorney’s public corruption initiative.
The Federal Bureau of Investigation conducted the investigation of Ieraci.
Former Alaska Airlines Pilot Who Flew Passenger Aircraft while Drunk Sentenced to Serve over One Year in Federal PrisonRead the Press Release
SANTA ANA, California – A former captain with Alaska Airlines who admitted piloting a plane carrying more than 80 passengers while under the influence of alcohol was sentenced today to one year and one day in federal prison.
David Hans Arntson, 63, of Newport Beach, was sentenced by United States District Judge Cormac J. Carney, who also ordered Arntson to pay a $10,000 fine.
Judge Carney said Arntson engaged in “a very dangerous offense.”
Arntson pleaded guilty in February to one felony count of operating a common carrier while under the influence.
When he pleaded guilty, Arntson admitted that he piloted two Alaska Airlines flights on June 20, 2014. The first flight was from San Diego International Airport to Portland, Oregon. He then flew a plane from Portland to John Wayne Airport in Orange County.
After landing at John Wayne Airport, Arntson was selected for random drug and alcohol testing by Alaska Airlines. A technician for Alaska Airlines performed two breathalyzer tests that showed the pilot had a blood alcohol concentration of 0.134 percent and 0.142 percent – both of which were well above the federal limit of 0.04.
After the technician informed Alaska Airlines of the test results showing alcohol in his system, the airline removed Arntson from all safety-sensitive duties. Following the June 20, 2014, incident, Arntson retired from the Alaska Airlines, and the Federal Aviation Administration revoked his ability to pilot a plane.
“This defendant was at the controls during hundreds of flights carrying innumerable passengers – undoubtedly under the influence of alcohol during many of those trips,” said United States Attorney Nicola T. Hanna. “Fortunately, he was finally caught, and the risk to passengers was stopped. This case sends a message to everyone in the aviation industry that passenger safety is paramount, and we will aggressively investigate and prosecute any threat to that safety.”
In a sentencing memorandum filed with the court, prosecutors said that “during at least a substantial portion” of his more than 20 years as a captain for Alaska Airlines, Arntson was an alcoholic who concealed his drinking from the airline and the Federal Aviation Administration.
The investigation into Arntson was conducted by the United States Department of Transportation, Office of Inspector General.
“The sentencing in this U.S. Department of Transportation, Office of Inspector General (DOT-OIG) investigation demonstrates our commitment to safeguarding the Nation’s air transportation system for the traveling public,” said Lisa Glazzy, Acting DOT-OIG Regional Special Agent-in-Charge. “Working with our prosecutorial partners, we will continue our efforts to prevent and pursue those who seek to compromise the safety of our National Airspace System.”
This case was prosecuted by Assistant United States Attorneys Dennis Mitchell and Mark A. Williams of the Environmental and Community Safety Crimes Section.
Fifth Massachusetts State Trooper Arrested in Overtime Abuse InvestigationRead the Press Release
BOSTON – A retired Massachusetts State Police Trooper was arrested and charged today in connection with the ongoing investigation of overtime abuse at the Massachusetts State Police (MSP).
Daren DeJong, 57, of Uxbridge, was charged with embezzlement from an agency receiving federal funds. DeJong will appear in U.S. District Court in Boston at 3:15 p.m. today.
“Mr. DeJong, who was sworn to uphold the law, betrayed the public trust by embezzling funds from the Massachusetts State Police,” said Andrew E. Lelling, United State Attorney for the District of Massachusetts. “Today’s arrest is another step in our ongoing effort to root out fraud and ensure that public funds are appropriately used.”
“As alleged, Mr. DeJong abused his position and betrayed the public's trust by stealing thousands of dollars from overtime shifts he did not work. Instead of enforcing the rules of the road and cracking down on aggressive drivers, he selfishly lined his pockets with paychecks from bogus shifts at the expense of hard-working taxpayers. The FBI would like to thank the Massachusetts State Police for their cooperation, support, and professionalism during the course of this investigation,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division.
According to court documents, DeJong, who is currently retired, was a MSP Trooper assigned to Troop E, which is responsible for enforcing criminal and traffic regulations along the Massachusetts Turnpike, Interstate I-90. DeJong allegedly received overtime pay for hours that he either did not actually work at all, or shifts in which he departed one to seven hours early.
The alleged conduct involves overtime pay for selective enforcement initiatives, including the Accident and Injury Reduction Effort program (AIRE) and the “X-Team” initiative. Both initiatives are intended to reduce accidents, crashes, and injuries on I-90 through an enhanced presence of MSP Troopers and targeting vehicles traveling at excessive speeds. DeJong was required to work the entire duration of the shifts – either four or eight hours – and truthfully report the date, time and sector of deployment on the citations issued during the shift. As alleged, DeJong concealed the fraud by submitting citations that were issued prior to the overtime shift, altered the citations to create the appearance that citations were issued during the overtime shift, and/or submitted citations that were never issued and never took place.
Trooper DeJong earned $179,000 in 2016, which included approximately $63,000 in overtime, of which $14,062 was attributable to AIRE and X-Team shifts that DeJong either left early or did not show up for.
In 2015 and 2016, MSP received annual benefits from the U.S. Department of Transportation in excess of $10,000, which were funded pursuant to numerous federal grants.
On June 27, 2018, former Lieutenant David Wilson, 57, of Charlton; Trooper Gary Herman, 45, of Chester; and former Trooper Paul Cesan, 50, of Southwick, were arrested and charged with the same crime. On July 2, 2018, former Trooper Gregory Raftery, 47, of Westwood pleaded guilty.
The charge of theft of government funds provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Lelling; FBI SAC Shaw; and Douglas Shoemaker, Special Agent in Charge of the U.S. Department of Transportation’s Office of Inspector General made the announcement today. Assistant U.S. Attorneys Dustin Chao and Mark Grady of Lelling’s Public Corruption Unit and Neil Gallagher of Lelling’s Economic Crimes Unit are prosecuting the case.
Federal inmate sentenced to additional prison time for escaping from Atlanta’s federal penitentiary prison campRead the Press Release
ATLANTA - Dennis Kitchens has been sentenced to an additional two years in prison for escaping from the minimum-security camp at the U.S. Penitentiary in Atlanta (USP Atlanta) over 10 years ago.
“Kitchens evaded law enforcement for years after his escape in 2006, but he was ultimately caught and returned to prison,” said U.S. Attorney Byung J. “BJay” Pak. “Inmates who escape from prison threaten the safety of our communities. Eventually, the road will run out for them and they will be found and prosecuted, as in this case.”
According to U.S. Attorney Pak, the charges and other information presented in court: In 2004, Kitchens was sentenced to serve time in prison after a conviction for possession with intent to distribute crack cocaine. From January 2006 through June 2006, Kitchens was assigned to serve his time at USP Atlanta. USP Atlanta is a medium-security federal prison for male inmates operated by the Federal Bureau of Prisons. USP Atlanta also has a detention center for pre-trial inmates and a satellite prison camp for minimum-security male inmates. On June 11, 2006, Kitchens escaped from the prison camp.
After his escape, U.S Marshals worked to locate Kitchens, but he evaded detection by law enforcement for over 10 years. On January 27, 2017, a Cobb County Georgia Police Officer pulled Kitchens over after he cut across lanes of traffic without warning. Kitchens gave the officer a false name, but the officer fingerprinted him at the scene and discovered his true identity. At the time, Kitchens possessed approximately 10.5 grams of cocaine and 29 OxyContin pills.
On March 6, 2018, Kitchens pleaded guilty to possession of cocaine with the intent to distribute in the Superior Court of Cobb County, Georgia and was sentenced to 10 years in prison on that charge.
Dennis Kitchens, 57, of Atlanta, Georgia, was sentenced to two years in prison to be followed by three years of supervised release for escaping from prison. This term of imprisonment will run consecutive to his prior federal term of imprisonment resulting from his 2004 conviction. Kitchens was convicted of the escape on April 24, 2018, after he pleaded guilty.
This case was investigated by the U.S. Marshals Service.
Assistant U.S. Attorney Jolee Porter prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Federal Inmates Appear in Court in Connection with Weapon ChargesRead the Press Release
BECKLEY, W.Va. – United States Attorney Mike Stuart announced today two federal inmates appeared in court in connection with possession of weapons.
“My team works closely with Bureau of Prisons staff to prosecute these cases,” said United States Attorney Mike Stuart. “If these inmates want to add more federal prison time to their current sentences, then so be it.”
Coleman Ferrell, 31, an inmate at the Federal Correctional Institution at Beckley, was sentenced to 12 months in prison to run consecutively with the sentence he is currently serving. Ferrell pled guilty in April, admitting that on December 22, 2017, he possessed a piece of metal sharpened to a point on one end, a handcrafted weapon often called a “shank.” A staff member found the weapon in Ferrell’s shoe during a search.
The case was investigated by the Federal Bureau of Prisons and was prosecuted by Assistant United States Attorney John File. United States District Judge Irene C. Berger imposed the sentence.
BLUEFIELD, W.Va. – Tyler Romine, 27, an inmate at the Federal Correctional Institution at McDowell, pled guilty to possession of a weapon, admitting that on April 18, 2018, he had a weapon consisting of two combination locks attached to a belt. Romine used the weapon to strike another inmate. A staff member recovered the weapon after Romine obeyed an order to put it on the ground. Romine faces up to five years for this offense, and the sentence will run consecutively to the sentence he is now serving. His sentencing hearing is scheduled for November 27, 2018.
The case was investigated by the Federal Bureau of Prisons and is being prosecuted by Assistant United States Attorney John File. Senior United States District Judge David A. Faber presided at the plea hearing.
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Elyria man indicted for trafficking fentanyl, heroin and cocaineRead the Press Release
An Elyria man was indicted in federal court for trafficking fentanyl, heroin and cocaine.
Kenneth Ward, 44, was indicted on one count of possession with intent to distribute fentanyl, possession with intent to distribute cocaine and multiple counts of distribution of heroin, fentanyl and cocaine.
The indictment details multiple sales of drugs by Ward in March and April. Ward on April 28 possessed nearly 22 grams of crack cocaine and four grams of fentanyl, according to the indictment.
This case was investigated by the Federal Bureau of Investigation and Elyria Police Department. It is being prosecuted by Assistant U.S. Attorney Vasile Katsaros.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
An indictment is a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Ecuadorian Man Pleads Guilty to Transporting an AlienRead the Press Release
UTICA, NEW YORK – Marco Avila, age 34, and an Ecuadorian citizen living in Newark, New Jersey, pled guilty yesterday to transporting an alien.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Acting Chief Patrol Agent, United States Border Patrol, Swanton Sector.
As part of his plea, Avila admitted that on August 27, 2017, he and Julio Morales-Flor drove from New Jersey to the Akwesasne Mohawk Indian Reservation to pick up a friend whom they knew was illegally entering the United States from Canada that morning and bring him to New Jersey. After picking up the friend, Avila was stopped by Border Patrol. None of the three occupants had legal status in the United States.
Morales-Flor pled guilty to conspiracy to transport an alien and was sentenced on November 16, 2017, to time served (102 days in jail).
Avila is scheduled to be sentenced on August 22, 2018, and faces up to 5 years in prison and a maximum $250,000 fine. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the United States Border Patrol and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.
Dominican Man Pleads Guilty to Fentanyl Trafficking ConspiracyRead the Press Release
CONCORD - Raul Vantroi Arias Ruiz, of the Dominican Republic, pleaded guilty in federal court to participating in a fentanyl trafficking conspiracy, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, from at least December 6, 2016, through May 2, 2017, the defendant arranged for the sale of fentanyl to customers in New Hampshire, using his co-defendant, Yossi Rafael Rincon-Ramirez, to make drug deliveries. Four of the fentanyl sales he arranged during that time period were made to an undercover DEA agent in Nashua, New Hampshire.
Based on these drug buys, law enforcement officers arrested the defendant at his residence in Methuen, Massachusetts, on May 2, 2017. After obtaining a search warrant for the residence, which included two adjacent apartments on the second floor of the building, law enforcement officers found approximately $941,994 in U.S. currency and two firearms, as well as approximately 90 grams of fentanyl, 20 grams of heroin, and 30 pounds of marijuana.
The $941,994 was forfeited to the United States in a civil forfeiture proceeding. As part of his plea agreement, Arias Ruiz also will forfeit the firearms.
Arias Ruiz pleaded guilty to conspiracy to possess with intent to distribute and to distribute 40 grams or more of fentanyl. A sentencing hearing is scheduled for October 30, 2018.
State charges remain pending against him in Massachusetts related to the drugs and firearms seized from the Methuen residence.
Rincon-Ramirez previously pleaded guilty and is scheduled to be sentenced on August 22, 2018.
“The U.S. Attorney’s Office is committed to stopping the transportation and distribution of fentanyl and other deadly drugs into New Hampshire,” said U.S. Attorney Murray. “We will continue to coordinate with our law enforcement partners to identify and prosecute those who are responsible for introducing these lethal substances into the Granite State. We also will use federal forfeiture laws to ensure that drug dealers and their suppliers are not able to profit from their criminal activities.”
“The state of New Hampshire is faced with a fentanyl crisis unlike ever before,” said DEA Special Agent in Charge Brian D. Boyle. “Those responsible for distributing lethal drugs like fentanyl to the citizens of New Hampshire need to be held accountable for their actions. DEA will aggressively pursue Drug Trafficking Organizations and individuals who are coming from out of state to distribute this poison in order to profit and destroy people’s lives. This investigation demonstrates the strength and continued commitment of our local, state and federal law enforcement partners.”
This matter was investigated by the DEA, with the assistance of the Massachusetts State Police, the Massachusetts Attorney General’s Office, and the police departments of Hudson, NH, Nashua, NH, and Methuen, MA. The case is being prosecuted by Assistant U.S. Attorney Shane B. Kelbley. Assistant U.S. Attorney Robert Rabuck handled the asset forfeiture matter.
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District Men Indicted on Murder and Other Charges in August 10, 2017 Slaying of Jamahri SydnorRead the Press Release
WASHINGTON – Robert Moses, 19, and James Mayfield, 18, both of Washington, D.C., were indicted today on murder and other charges stemming from the Aug. 10, 2017, slaying of 17-year-old Jamahri Sydnor, U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD) announced. Moses and Mayfield also were indicted on charges involving the wounding of three other innocent bystanders.
Moses and Mayfield were indicted by a grand jury in the Superior Court of the District of Columbia on charges of first-degree murder while armed (premeditated), with aggravating circumstances; assault with intent to kill while armed, and aggravated assault while armed. Moses was also charged with obstructing justice and committing offenses while on release in another criminal matter.
Both men are to be arraigned on July 27, 2018, at a hearing before the Honorable Craig Iscoe. They each face a maximum of life in prison if convicted of the charges.
According to the government’s evidence, on Aug. 10, 2017, at about 3:30 p.m., Moses and Mayfield, each armed with firearms, approached on foot the intersection of Montana and Saratoga Avenues NE. Numerous people were outside at the time, in and around the busy neighborhood intersection. Both Moses and Mayfield are accused of opening fire across Montana Avenue towards the people on Saratoga Avenue, collectively firing over ten rounds. As they did, Jamahri Sydnor, 17 years-old, was driving through the intersection of Montana and Saratoga Avenues with a 12 year-old passenger. Ms. Sydnor, who was days away from beginning her college education, was struck in the head by a bullet. Incapacitated, she lost control of the car, and it crashed into another parked car. The 12-year-old, who was in the front passenger seat, was injured by the impact of the collision, as well as the shattering glass when the bullet traveled through the front passenger window before striking Ms. Sydnor. A third victim was shot as he stood on the corner speaking with friends, while yet another innocent bystander shattered his leg attempting to take cover from the hail of gunfire.
Following the attacks, Moses and Mayfield fled the scene. Moses was arrested on Oct. 26, 2017, and Mayfield was arrested on Dec. 27, 2017. Both have been in custody since their respective arrests.
At the time of the alleged offenses, Moses was on release in a pending gun case in the Superior Court of the District of Columbia.
An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
In announcing the charges, U.S. Attorney Liu and Chief Newsham commended the work of those investigating the case from the Metropolitan Police Department (MPD). They also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences. They acknowledged the efforts of those who are working on the case from the U.S. Attorney’s Office, including Investigative Analyst Zachary McMenamin; Victim/Witness Advocate Marcia Rinker; Victim/Witness Security Specialist Wanda M. Queen; Paralegal Specialists Alesha Matthews-Yette, Meridith McGarrity, Stephanie Gilbert, and Lashone Samuels. Finally, they commended the work of former Assistant U.S. Attorneys Deborah Sines and Glenn Kirschner, along with Assistant U.S. Attorneys Sarah Santiago and Kimberley Nielsen, who are investigating and prosecuting the case.
Deputy Assistant Attorney General Matthew S. Miner Remarks at the American Conference Institute 9th Global Forum on Anti-Corruption Compliance in High Risk MarketsRead the Press Release
Good morning and thank you Marc Nichols for that gracious introduction, and thanks to both you and Jeannine D’Amico Lemker for co-hosting this important event.
It is truly a pleasure to be here with all of you as part of the ACI’s 9th Global Forum on Anti-Corruption Compliance in High Risk Markets.
I’ve always admired ACI’s mission and programs. Just last year, while still in private practice, I participated in the ACI’s 34th International Conference on the Foreign Corrupt Practices Act (FCPA). While I wear a different hat today, it is wonderful to be back.
In fact, today is particularly meaningful for me, as this marks my first time at an event like this since joining the Department of Justice as a Deputy Assistant Attorney General in the Criminal Division.
In my current role, I am tasked with overseeing both the Fraud Section, which houses the FCPA Unit, as well as the Appellate Section.
And, of course, we recently marked a particularly important milestone for the Criminal Division, as our newest Assistant Attorney General (AAG), Brian Benczkowski, was confirmed and took the reins of our Division just a few short days ago.
Under Brian’s leadership, we will continue the Division’s commitment to the rule of law, along with our efforts to ensure fairness and consistency in our investigations and resolutions, particularly as it relates to corporate enforcement and compliance.
Before I move on to my substantive remarks, let me say a word about Principal Deputy Assistant Attorney General John Cronan, who did an amazing job managing the Division as our Acting AAG since last year, overseeing many key developments, including the largest healthcare fraud takedown in the Department’s long history.
Today, I plan to focus on our efforts to investigate and stamp out global corruption, with a particular focus on implications for mergers and acquisitions.
As I think we can all agree, corruption is a virus that saps scarce resources and undermines public trust.
Corruption also harms law-abiding companies by tilting the playing field in favor of companies who are willing to break the rules to get ahead.
As our Attorney General and Deputy Attorney General have both made abundantly clear, fighting corruption and ensuring a level playing field for law-abiding companies remains a significant priority for the Department.
At the same time, we are striving to make sure that our robust approach to fighting corruption, and corporate enforcement generally, is done in a way that is also fair and just.
We at the Department fully recognize that even within otherwise good companies, ones with robust compliance programs and strong cultures of compliance, there can exist one or a few bad apples. Similarly, we understand that through acquisitions, otherwise law-abiding companies can sometimes inherit problems that are not of their own making.
These are some of the reasons why we continue to hold individual wrongdoers responsible for corporate criminal conduct, demonstrating our continued focus on individual accountability.
In this regard, we’ve announced guilty pleas by 10 individuals in foreign bribery cases so far this year.
In the sprawling and ever-growing investigation and prosecution of corruption at Venezuela’s state-owned oil company, PDVSA, we have announced charges against five additional former foreign officials this year, and we announced the 12th guilty plea in the case just two weeks ago.
Moreover, criminal prosecutions of corporations continue where misconduct was particularly serious or pervasive, but at the same time, we are working to avoid imposing excessive corporate penalties that harm innocent shareholders, employees, and other stakeholders.
On the FCPA corporate front, we’ve resolved five corporate FCPA cases this year, resulting in $512 million in corporate U.S. criminal fines, penalties, and forfeiture.
Among these resolutions was the matter involving Societe Generale, the first ever coordinated resolution with French authorities. This case marks a continuation of our efforts to work more closely with our foreign counterparts, both in terms of investigations and as it relates to our resolutions.
And we are striving to give credit where credit is due.
For example, in the FCPA resolution with TLI, the U.S. nuclear transportation company, the company received more lenient treatment due to its significant cooperation and remediation.
On the individual prosecutions front, the Department has secured guilty pleas by the company’s former co-President and the foreign official who received the bribes, and has indicted the other co-President.
While resolutions like these are important, we have also been making great strides in the way we are approaching FCPA and other corporate enforcement matters.
As you all know, last year we revised the Department’s guidelines with regard to FCPA enforcement by making what was previously the FCPA self-disclosure pilot program permanent.
This change enshrines our approach to FCPA enforcement in the U.S. Attorneys Manual as the FCPA Corporate Enforcement Policy.
Since its roll out, Department leadership has spoken extensively on the Policy, so I’m not going to spend much time on it, except to point out how the Policy furthers our commitment to rewarding companies that try to do the right thing.
This means companies that promptly report misconduct, fully cooperate with the Department, and enact effective remedial measures after misconduct is detected will be presumed eligible for a declination of prosecution, subject to disgorgement of ill-gotten gains.
The Policy also includes incentives for companies that fail to promptly self-disclose, but otherwise meet the Policy’s cooperation and remediation terms.
While it is still early to gauge the full effectiveness of the Policy, we were pleased to reach the first corporate declination under the FCPA Policy earlier this year in declining prosecution against Dunn & Bradstreet.
In that case, the company engaged in responsible corporate conduct after discovering misconduct in connection with hiring practices by its acquired subsidiaries in China. Because the company satisfied the rigorous requirements of the Policy, the company received a declination and the Department gave the company credit for its disgorgement as part of a $9 million payment in a related SEC administrative proceeding.
Credit for disgorgement to the SEC points to another recent policy change under this Administration – this one involving a perceived practice of “piling on” by the various enforcement agencies in corporate settlements by imposing duplicative fines and other financial penalties.
Importantly, this new policy for greater coordination and to avoid “piling on” is now enshrined in the U.S. Attorneys Manual, and applies across the Department.
A perfect example of putting the anti-piling on policy into practice is the resolution I mentioned involving Societe Generale.
In that case, the Department credited 50 percent of the fine to French authorities in connection with the FCPA portion of the resolution.
Moreover, to better inform the public, companies and compliance professionals, we are making declination letters public for cases that are resolved under the FCPA Corporate Enforcement Policy, as we did in connection with the pilot program.
In the case of Dunn & Bradstreet, some of the factors that led to the declination include:
- the fact that the company identified the misconduct and promptly and voluntary self-disclosed the conduct to the Department;
- the thorough internal investigation undertaken by the company;
- its full cooperation in the matter, including identifying all individuals involved in or responsible for the misconduct, providing the Department all facts relating to that misconduct, making current and former employees available for interviews, and translating foreign language documents to English;
- enhancements to its compliance program and its internal accounting controls;
- full remediation, including terminating the employment of 11 individuals involved in the misconduct in China, including an officer of the China subsidiary and other senior employees of one subsidiary, and disciplining other employees by reducing bonuses, reducing salaries, lowering performance reviews, and formally reprimanding them;
- and disgorgement to the SEC.
As a result, the company avoided criminal sanctions.
From my experience as a defense attorney, I think it is fair to say this is a just resolution for the company.
I know firsthand the difficult decisions that management must make when they uncover misconduct.
Senior management and boards of directors have to weigh many factors when deciding how to respond to misconduct, and whether to self-report.
In the past, many of these decisions were made in a relative vacuum in the sense that no one could predict in any concrete way how the Department would respond. While the facts of every case will be different, and will be the primary drivers as to the outcome, we are doing what we can to give clarity in terms of how companies will be treated.
Because companies are rational actors, driven by market and financial factors, it was often an impediment to decision-making not to know what consequences a company might face if it chose to self-report and cooperate with the government.
The Department’s new policies and revised approach to FCPA and corporate enforcement are purposely designed to speak to well-functioning, good corporate actors and inspire rationale decision-making in favor of greater reporting and cooperation. We hope to incentivize companies to invest in effective compliance programs and robust control systems to prevent misconduct and, in the event of a detected violation, to take full advantage of our enforcement approach.
By fostering a climate in which companies are fairly and predictably treated when they report misconduct, we hope to increase self-reporting and individual accountability — an outcome that is beneficial both for companies and the Department.
While we have made great strides in the past year and a half relating to the Department’s approach to corporate enforcement, and the FCPA in particular, one area where we would like to do better is with regard to mergers and acquisitions, particularly when such activity relates to high-risk industries and market.
Currently, the DoJ/SEC Resource Guide to the FCPA, which was released in 2012, provides some guidance on this. In particular, the Guide recognizes that in the past the Department and SEC have declined to take action where companies voluntarily disclosed and remediated, and cooperated with the government.
The Guide also notes that “a successor company’s voluntary disclosure, appropriate due diligence, and implementation of an effective compliance program may also decrease the likelihood of an enforcement action regarding an acquired company’s post-acquisition conduct when pre-acquisition due diligence is not possible.”
Furthermore, after laying out several M&A best practices, the Guide states that the “DOJ . . . will give meaningful credit to companies who undertake these actions, and, in appropriate circumstances, DOJ . . . may consequently decline to bring enforcement actions.”
While these policies are sound, I know from experience that “may” decline is a significant sticking point for corporate management when deciding whether and how to proceed with a potential merger or acquisition. There is a big difference between a theoretical outcome and one that is concrete and presumptively available.
At the Department, we know that there are many benefits when law-abiding companies with robust compliance programs are the ones to enter high-risk markets or, in appropriate cases, take over otherwise problematic companies.
Not only can the acquiring company help to uncover wrongdoing, but more importantly the acquiring company is in a position to right the ship by applying strong compliance practices to the acquired company.
We want to encourage this sort of activity. We certainly don’t want the specter of enforcement to be a risk factor that impedes such activity by good actors, and instead cedes the field to non-compliant companies. At bottom, it makes good economic sense and helps stamp out corruption when the Department adopts policies that foster greater corporate compliance.
When an acquiring company conducts robust due diligence that unearths wrongdoing, reports that conduct to the Department, and engages in remedial measures, including extending already robust compliance to the acquired company, it frees up resources for the Department that may have otherwise been expended investigating the acquired company.
These resources can then be directed to other cases, not only in the FCPA context, but also to other areas such as opioid enforcement, human trafficking, and crimes impacting vulnerable victims, like children and the elderly.
For these reasons, I want to make clear that we intend to apply the principles contained in the FCPA Corporate Enforcement Policy to successor companies that uncover wrongdoing in connection with mergers and acquisitions and thereafter disclose that wrongdoing and provide cooperation, consistent with the terms of the Policy.
We believe this approach provides companies and their advisors greater certainty when deciding whether to go forward with a foreign acquisition or merger, as well as in determining how to approach wrongdoing discovered subsequent to a deal.
We are fully cognizant that in some instances an acquiring company has limited access to a target company’s data and records, perhaps even more so when the target company is in a high risk jurisdiction.
In those instances, if an acquiring company unearths wrongdoing subsequent to the acquisition, we want to encourage its leadership to take the steps outlined in the FCPA Policy, and when they do, we want to reward them, accordingly for stepping up, being transparent, and reporting and remediating the problems they inherited.
Similarly, when an acquiring company encounters corruption issues during the due diligence process, we would encourage it to come to the Department for guidance through our FCPA Opinion Procedures before moving forward with an acquisition. Although it may take a little more time – and we can, to a degree, expedite our analysis based on timing needs – it sometimes makes sense to slow down to assess risks. In particular with high risk mergers and acquisitions, let me repeat the famous line from the English playwright, William Congreve: “Married in haste, we can repent at leisure.”
On the Fraud Section’s FCPA website, we currently post Opinion Procedure Releases going back to 1993. But not enough companies are taking advantage of this process. I’ve recently reviewed the list, and the most recent incident of use is from 2014. That shouldn’t be the case. But for purposes of today, that release is illustrative of the value of engaging in the opinion process.
In that case, a multinational company headquartered in the U.S. sought an opinion on whether the Department would bring an enforcement action against it if it acquired a foreign consumer products company. The acquiring company conducted pre-acquisition due diligence on the target and uncovered evidence of apparent improper payments. The acquirer took pre-closing steps to remediate the target’s anti-corruption issues, and anticipated fully integrating the target into its compliance and reporting structure within one year of closing.
While the opinion recognized that there was no U.S. nexus to the conduct, which would have precluded prosecution, in any event, the opinion also pointed to the fact that no contracts or assets acquired through bribery would remain in operation post-acquisition, and that no financial benefit would be derived from such contracts. Based on these facts, the opinion concluded that the Department would not take any action against the acquiring company.
In our view, the opinion process is a tremendous resource and we want to encourage greater use of it going forward.
Moreover, when a company relies on this procedure on the front end, but later uncovers wrongdoing post-acquisition, we want management and the company’s advisors to feel comfortable disclosing it to the Department, knowing that they will be treated fairly under the principles of the FCPA Corporate Enforcement Policy.
This is not to say that wrongdoers will be getting a pass for corrupt behavior that occurred in the past in an acquired entity. Far from it. The Department continues to focus on individual accountability, and those responsible for past wrongdoing or the concealment of wrongdoing will continue to be investigated and prosecuted.
As advisors and compliance professionals, you are on the front lines of detecting and preventing corruption and other misconduct.
You are at tasked with advising your companies and your clients to ensure that businesses operate in compliance with the law. As such, you are often put in the position of evaluating risk in time-sensitive transactions.
In that role, one thing I hope you will take away from my comments and those of my colleagues is that the Department of Justice should be viewed as a partner, not just an adversary.
When business and industry work with the Department, rather than against it, our public institutions and our country are stronger for it.
With that, I am happy to take a few questions, as time allows.
Danville Man Charged with Six Armed Robberies as Part of Project Safe Neighborhoods Initiative to Reduce Violent Crime in the Western District of VirginiaRead the Press Release
Danville, VIRGINIA – A federal grand jury has charged a Danville man with committing numerous armed robberies of businesses in Danville, Bedford, and Rocky Mount. The 14-count indictment is part of the Western District of Virginia’s ongoing Project Safe Neighborhoods initiative to reduce violent crime. United States Attorney Thomas T. Cullen and Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Division made the announcement.
Justin Lee Stallings, 33, is charged with six counts of Hobbs Act robbery, six counts of using a firearm in commission of a Hobbs Act robbery, one count of conspiracy to commit Hobbs Act robbery, and one count of being a previously convicted felon illegally in possession of a firearm.
“This indictment demonstrates our renewed commitment to working with our state and local partners to target individuals who commit violent acts in our communities,” U.S. Attorney Cullen stated today. “We will continue to work closely with our partners at the FBI, the Danville Police Department and the Commonwealth’s Attorney’s Office, to make Danville a safer community.”
“The message should be clear by now; the Commonwealth of Virginia and its law enforcement network is fully committed to eliminating violent crime in our communities. If you try it here, we will find you and we will stop you,” Special Agent in Charge of the FBI’s Richmond Division, Adam S. Lee said today. “I want to thank United States Attorney Thomas Cullen and his team for their continued outstanding work and our partners in Danville who are working to restore their great community.”
The superseding indictment alleges that Stallings committed six armed, Hobbs Act robberies between December of 2016 and February of 2017. Specifically, the superseding indictment charges Stallings with using a firearm to commit Hobbs Act robberies at each of the following businesses while engaged in interstate commerce: Dollar General located on South Main Street in Danville, Va., on December 8, 2016; Dollar General located on Westover Drive in Danville, Va. on January 8, 2017; KFC located on Memorial Drive in Danville, Va., on January 11, 2017; Charles’s Stop N Shop located on Westover Drive in Danville, Va., on January 20, 2017; Dollar General located on Blue Ridge Avenue in Bedford, Va., on February 5, 2017; Dollar General located on Pell Avenue in Rocky Mount, Va., on February 6, 2017.
During each robbery, Stallings is accused of brandishing a firearm, pointing it at the employees of the various businesses, and demanding cash and/or other goods from the cash register or store safe.
The investigation of the case was conducted by the Federal Bureau of Investigation, the Danville Police Department, the Pittsylvania County Sheriff’s Office, the Caswell County (N.C.) Sheriff’s Office, the Bedford Police Department, and the Rocky Mount Police Department. Assistant United States Attorneys Ronald M. Huber and Christopher Kavanaugh and Special Assistant United States Attorney Rachel Swartz will prosecute the case for the United States.
A Grand Jury Indictment is only a charge and not evidence of guilt. The defendant is entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a federal program designed to bring together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting each community’s most violent criminals. Attorney General Sessions directed all U.S. Attorney’s Offices to work in partnership with federal, state, and local law enforcement, as well as the local civilian community, to develop effective, targeted strategies to reduce violent crime. This case is a product of that collaborative effort.
DEA Arrests Eight Defendants Linked to Coachella Valley-Based Drug Ring that Trafficked in Large Quantities of MethamphetamineRead the Press Release
RIVERSIDE, California – Federal authorities this morning concluded a 2½-year wiretap investigation into a drug trafficking organization based in the Coachella Valley by arresting eight defendants linked to the distribution of wholesale quantities of methamphetamine.
The eight people arrested today by special agents with the Drug Enforcement Administration are among 16 defendants named in two indictments returned by a federal grand jury on June 14. In addition to today’s arrests, three defendants already were in custody, and five defendants are fugitives, with three of those believed to be in Mexico.
The investigation – which was dubbed Operation “Narco Navigator” – targeted a significant methamphetamine distribution network overseen by a Coachella man that was responsible for sending narcotics to local sellers, as well as to customers in other states. During the course of this investigation, the DEA and its law enforcement partners seized over 50 pounds of methamphetamine and four firearms.
The main indictment charges 15 defendants, 11 of whom were arrested today or were already in custody. The charged defendants are:
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Raul Lopez-Valenzuela, 42, of Coachella, an illegal alien and the alleged leader of the drug trafficking organization;
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Balbino Valenzuela-Verdugo, also known as “Manuel,” 42, of Coachella, an illegal alien who is currently a fugitive and who allegedly was the primary distributor for the drug ring;
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Antonio Zamora, also known as “Foca,” 30, of Coachella, who currently is a fugitive and allegedly was a supplier of narcotics for the drug organization – including approximately 16 pounds of methamphetamine seized in 2015 and 2016;
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Jesus Garcia, also known as “Chuy,” 37, of Coachella, who allegedly was another supplier of narcotics to the Lopez-Valenzuela organization;
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Ernesto Alonzo Flores, also known as “Negro,” 36, of Coachella, another person who allegedly supplied narcotics to the drug ring – including approximately 24 pounds of methamphetamine seized from Valenzuela-Verdugo in 2016;
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Jesus Ramirez Granados, also known as “Chuy2,” 35, of Coachella, an illegal alien who allegedly distributed narcotics on behalf of the Lopez-Valenzuela drug trafficking organization;
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Daniel Kenneth Dalpezzo, 48, of Yucca Valley, who allegedly was a significant customer of the drug ring, purchasing large quantities of methamphetamine for further distribution;
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Charmaine Raygina Florio, 53, of Cathedral City, who is Dalpezzo’s former wife and allegedly purchased methamphetamine from the drug ring along with Dalpezzo;
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Tracy Cross, 45, of Palm Desert, who was already in custody;
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Alejandro Jose Rojas, 36, of Palm Springs, who was already in custody;
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Anthony Osteen, 38, of La Mesa, who allegedly worked with Rojas to coordinate obtaining narcotics;
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Roland Roe, 46, of Palm Springs, who was already in custody and who allegedly arranged for the supply of narcotics for at least one other defendant;
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Warren Barry, 54, of La Quinta, currently a fugitive, who allegedly was a courier for Lopez-Valenzuela, who was carrying a load of more than 10 pounds of methamphetamine that was seized by law enforcement authorities in late 2015 in Nebraska;
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Jason Sills, 37, of Palm Springs, an alleged distributor of narcotics in the Coachella Valley; and
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Ruben Arredondo-Diaz, 53, of Lexington, Nebraska, who is currently a fugitive and who allegedly arranged the distribution of drugs in Nebraska.
All 15 defendants named in this indictment are accused of participating in a conspiracy to distribute methamphetamine and to possess with the intent to distribute methamphetamine. If they were to be convicted, each defendant would face a potential sentence of life in federal prison.
Those arrested today are expected to be arraigned on the indictment this afternoon in United States District Court in Riverside (with the exception of Osteen, who is expected to appear tomorrow in federal court in San Diego).
The second indictment unsealed today charges Sills and Salvador Lemus Ramos, also known as “Eddie,” 39, of Palm Springs, who is also a fugitive, with distributing methamphetamine. The indictment describes a transaction in late 2015 in Cathedral City involving two pounds of methamphetamine where the buyer was an undercover DEA agent.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty in court.
The investigation in this matter was conducted by the DEA, which received assistance from the United States Border Patrol; the Palm Springs Police Department; the Palm Springs Fire Department; the Coachella Valley Narcotics Task Force; the Riverside County Sheriff’s Department; U.S. Customs and Border Protection; the San Bernardino County Sheriff’s Department; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Federal Bureau of Investigation, the United States Marshal’s Service; the California Department of Corrections and Rehabilitation; the California Highway Patrol; the Riverside County District Attorney’s Gang Impact Team; and the Nebraska State Patrol.
The two indictments are being prosecuted by Assistant United States Attorney Puneet V. Kakkar of the Organized Crime Drug Enforcement Task Force.
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Convicted Felons, Illegal Alien Indicted for Illegal Firearms PossessionRead the Press Release
BIRMINGHAM – A federal jury today indicted three men for illegally possessing firearms because of previous felony convictions, announced U.S. Attorney Jay E. Town, Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson, and U.S. Marshal Martin Keely.
In separate and unrelated indictments, the grand jury charged JACOB ANDREW HAMMETT, STEPHEN CHANNING PRUITT and ALPHONSO O’NEAL BESS as convicted felons in possession of firearms.
“Felons who continue to violate our laws remain prime targets for federal law enforcement to take off the streets with federal charges on their way to federal prison,” Town said. “Our office is committed to having federal, state and local law enforcement working together to identify repeat offenders who threaten our communities with guns and violence and prove to everyone that there is no parole to cut short a federal prison sentence.”
Hammett, 28, of Munford, possessed a Taurus .38-caliber revolver on Nov. 8, 2017, in Calhoun County, after three prior felony convictions in Calhoun County Circuit Court, according to his indictment. His prior convictions were for first-degree property theft in April 2015, second-degree unlawful manufacturing of a controlled substance in February 2013, and second-degree escape in January 2012, according to the indictment.
Pruitt, 27, of Ohatchee, possessed a Stevens Arms .22-caliber rifle on Aug. 15, 2017, in Calhoun County following two felony convictions in Calhoun County Circuit Court, according to his indictment. Pruitt’s convictions were for first-degree receiving stolen property and unlawful possession of controlled substances, both in February 2017, according to his indictment.
Bess, 29, of Birmingham, possessed a Glock .357-caliber pistol on July 10, 2018, in Jefferson County after a September 2012 first-degree robbery conviction in Jefferson County Circuit Court, according to his indictment.
The grand jury also indicted a Mexican national for illegally possessing a firearm while an alien unlawfully in the United States. JOSE HERNANDEZ HERNANDEZ, 32, possessed a Rossi 38-caliber pistol on June 6, 2018, in Madison County, according to the indictment.
The maximum penalty for possessing a firearm as a convicted felon and for possessing a firearm as an illegal alien in the United States is 10 years in prison and a $250,000 fine.
ATF investigated the Hammett and Pruitt cases. Assistant U.S. Attorney L. James Weil Jr. is prosecuting the Hammett case and Assistant U.S. Attorney Mohammad Khatib is prosecuting the Pruitt case. The U.S. Marshals Service Gulf Coast Regional Fugitive Task Force investigated the Bess case, which Assistant U.S. Attorney Michael A. Royster is prosecuting.
Immigration and Customs Enforcement investigated the Hernandez case, which Assistant U.S. Attorney Weil is prosecuting.
An indictment contains only charges. Defendants are presumed innocent unless and until proven guilty.
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Cleveland man suspected of causing overdoses indicted for having a firearm while trafficking fentanyl and crack cocaineRead the Press Release
A Cleveland man was indicted for having a firearm while trafficking fentanyl and crack cocaine.
Tyler Hall, 28, was indicted on two counts of possession with intent to distribute narcotics and one count of being a felon in possession of a firearm.
Hall had 1.46 grams of fentanyl, 22 grams of crack cocaine and a Walther 9 mm semiautomatic pistol during a July 3 search of his home and business on the west side of Cleveland, according to court documents.
Hall was a person of interest in relation to three non-fatal opioid overdoses. Two of the victims had information that their supplier’s name was Tyler and that he worked, resided and sold drugs in the area of West 104th Street and Lorain Avenue, according to court documents.
Law enforcement on July 3 searched Hall’s residence at 10400 Lorain Ave. and business, at auto body shop at 3179 West 104th Street. Hall was detained and found to be carrying two cellular phones, $1,152 in cash and a set of keys to both his residence and business, according to court documents.
Inside his residence was a desk where it appeared drugs were prepared and packaged for sale. Also nearby were 1.46 grams of fentanyl, 22 grams of crack cocaine, a Walther 9 mm semiautomatic pistol and approximately $6,000 in cash, according to court documents.
Hall was prohibited from having a firearm because of previous felony convictions, including for aggravated robbery, robbery, intimidation of a crime victim or witness and multiple drug trafficking and possession convictions, according to court documents.
“This defendant was identified by law enforcement as a serious threat who has caused pain and destruction in and around his neighborhood,” U.S. Attorney Justin E. Herdman said. “Police officers, federal agents and prosecutors will continue to work together to prosecute those who illegally have firearms and deal drugs.”
DEA Special Agent in Charge Timothy Plancon said: “Through the swift and intense investigative efforts of the Cleveland Division of Police Opioid Overdose Investigations Group, the Cleveland DEA Heroin Response Group and Cleveland HIDTA, Hall was arrested before additional destruction to our community could occur. The DEA and our partners will continue to make drug trafficking and any associated violence a priority. Drug traffickers in the Cleveland area take heed, the DEA and our partners will continue to hold those who deliver causing overdose accountable.”
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
This case was investigated by the Cleveland Division of Police, Drug Enforcement Administration and Ohio High Intensity Drug Trafficking Area (HIDTA). It is being prosecuted by Assistant U.S. Attorney Elliot Morrison.
An indictment is only a charge and is not evidence of guilt. The defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Clarksburg man sentenced for his role in a drug distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA –Jordan Michael Conaway, of Clarksburg, West Virginia, was sentenced today to 21 months incarceration for his role in a drug distribution operation, United States Attorney Bill Powell announced.
Conaway, age 24, pled guilty to one count of “Distribution of Fentanyl in Proximity of a Protected Location” in March 2018. Conaway admitted to selling fentanyl on April 17, 2017 near Clarksburg City Park in Harrison County.
Assistant U.S. Attorney Traci M. Cook prosecuted the case on behalf of the government. The case was investigated by the Greater Harrison Drug and Violent Crimes Task Force and the West Virginia State Police Bureau of Criminal Investigation.
Senior U.S. District Judge Irene M. Keeley presided.Bucks County Stock Broker Sentenced to 10 Months in Federal Prison for Insider TradingRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that Kevin Hamilton, 61, of Wyncombe, PA was sentenced today to 10 months in prison. He was also ordered to pay $635,000 in restitution and to forfeit $656,421.11 in proceeds resulting from his criminal activity.
Hamilton misused an investment banking client’s non-public information for the benefit of himself, his company, and other clients. Hamilton pleaded guilty in September, 2017 to two counts of securities fraud.
“The defendant was guided by pure greed,” said U.S. Attorney McSwain. “We should never lose sight of the fact that there are real victims in this case. The defendant’s schemes undermined the integrity of the securities markets and resulted in hundreds of thousands of dollars in losses to investors. This is textbook insider trading and a clear violation of the law. For this defendant and others like him, a prison sentence is the necessary consequence.”
First, in 2009 and 2010, Hamilton abused his position as a principal of the Philadelphia Brokerage Corporation (“PBC”) to engage in illegal insider trading in connection with the stock of BMP Sunstone Corporation. As one of three principals of PBC, Hamilton provided brokerage services to PBC’s clients while another principal was responsible for PBC’s investment banking business. In his role, Hamilton obtained access to material, non-public information about BMP Sunstone’s potential sale from the investment banking side of PBC’s business and then provided this inside information to some of his brokerage clients. In addition, Hamilton used this information to trade in his clients’ discretionary accounts with PBC and to make trades in his personal account. These activities breached PBC’s clear policies against insider trading and PBC’s duty to BMP Sunstone to keep this information confidential. As a result of this activity, Hamilton, his clients, and tippees reaped over $2.3 million in illegal profits.
The case was investigated by the Federal Bureau of Investigations, the Securities and Exchange Commission, and is being prosecuted by Assistant U.S. Attorneys Judy G. Smith and Patrick J. Murray.
Brockway Man Stole Pistol then Sold It for Cash and CocaineRead the Press Release
PITTSBURGH - One resident of Jefferson County, Pennsylvania, pleaded guilty on Monday in federal court to a charge of possession of a stolen firearm, United States Attorney Scott W. Brady announced today.
Douglas Means, age 35, of Brockway, Pa., pleaded guilty to one count before Chief United States District Court Judge Joy Flowers Conti.
In connection with the guilty plea, the court was advised that in August of 2016, Means stole a .380 caliber semiautomatic Smith and Wesson pistol from his father’s residence in Brockway, PA. Means kept the firearm for a few weeks before selling it to his drug source Peter DiGiacomo for $400 and one gram of cocaine. The firearm was transferred to a drug dealer in New York, so that it could be resold for more money. The gun was later recovered in New York with the serial number intact. Means wrote a voluntary statement confessing to his conduct.
Chief Judge Conti scheduled sentencing for November 15, 2018. The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Chief Judge Conti ordered Means to remain detained pending sentencing.
Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.
This case is being prosecuted under Project Safe Neighborhoods, a collaborative effort by federal, state and local law enforcement agencies, prosecutors and communities to prevent, deter and prosecute gun crime. The Bureau of Alcohol, Tobacco, Firearms and Explosives, along with a detective from the Allegheny County Sheriff’s Office, conducted the investigation leading to the Indictment in this case.
Bookkeeper Pleads Guilty in Manhattan Federal Court to Embezzling over $3.3 Million from Literary Agency and Its ClientsRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that DARIN WEBB pled guilty to defrauding a Manhattan-based literary agency (the “Agency”) and its clients of over $3.3 million. WEBB provided bookkeeping services for the Agency and carried out his scheme by making unauthorized transfers from the Agency’s bank accounts, and then making changes to the Agency’s accounting system to evade detection. WEBB pled guilty to one count of wire fraud before U.S. District Judge Edgardo Ramos.
U.S. Attorney Geoffrey S. Berman said: “As he admitted today, Darin Webb was cooking the books for his employer when his duty was to provide bookkeeping services. Webb stole over $3 million that belonged to the literary agency and its clients, and he now awaits sentencing for his crime.”
According to allegations contained in the Information filed against Webb and statements made in related court filings and proceedings:
From in or about 2001 through in or about March 2018, DARIN WEBB, the defendant, was engaged as a bookkeeper for the Agency. From at least January 2011 through March 2018, WEBB used his position as the Agency’s bookkeeper to transfer more than $3.3 million of funds, belonging to the Agency and the Agency’s clients, from the Agency’s bank accounts to bank accounts that WEBB controlled. In order to evade detection of his criminal conduct and carry out his scheme, WEBB made changes to the Agency’s accounting records to disguise the nature of the transfers.
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WEBB, 47, of Manhattan, New York, pled guilty to one count of wire fraud, which carries a maximum sentence of 20 years in prison and a maximum fine of $250,000, or twice the gross gain or loss from the offense. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant would be determined by the Court.
WEBB is scheduled to be sentenced on November 26, 2018, at 11:30 a.m.
Mr. Berman praised the work of the Federal Bureau of Investigation.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorney Christine I. Magdo is in charge of the prosecution.
Boise Man Sentenced for Distribution of MethamphetamineRead the Press Release
BOISE - Timothy J. Frazier, 35, of Boise, was sentenced yesterday for distribution of methamphetamine, U.S. Attorney Bart M. Davis announced. Senior U.S. District Judge Edward J. Lodge sentenced Frazier to 93 months in prison. Judge Lodge also ordered that upon completion of that time, Frazier serve an additional three years of supervised release.
According to court records, Frazier, on four separate occasions, distributed quantities of methamphetamine and heroin. Officers learned of Frazier’s activities in December of 2016. Between December 2016 and February 2017, officers, during controlled buys, purchased methamphetamine and heroin from Frazier on four occasions. On March 10, 2017, officers arrested Frazier and discovered additional quantities of methamphetamine in his vehicle.
This case was investigated by the Nampa Police Department, Idaho State Police and the Drug Enforcement Administration.
This case was prosecuted by the Special Assistant U.S. Attorney hired by the Ada County Prosecuting Attorney’s Office and the Idaho High Intensity Drug Trafficking Area Board. The Idaho High Intensity Drug Trafficking Board is a collaboration of local law enforcement drug task forces and prosecuting agencies dedicated to addressing regional drug trafficking organizations that operate in Ada, Canyon, and Malheur County.
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Biloxi Man Pleads Guilty to Heroin Conspiracy on Second Day of TrialRead the Press Release
Gulfport, Miss. – Donald Eric McRoy, 53, of Biloxi, pled guilty yesterday, on the second day of his trial before U.S. District Judge Sul Ozerden, to conspiracy to possess with intent to distribute one kilogram or more of heroin, announced U.S. Attorney Mike Hurst and Special Agent in Charge Jere T. Miles with Immigration and Customs Enforcement’s Homeland Security Investigations in New Orleans.
On four separate occasions in 2016, McRoy sold, directly or indirectly, quantities of heroin to an individual acting in an undercover capacity. The investigation also revealed that McRoy was obtaining large quantities of heroin from a dealer in the Atlanta, Georgia area.
McRoy will be sentenced on November 2, 2018 by Judge Ozerden and faces a maximum penalty of life in prison and a $10 million fine.
The case was investigated by Homeland Security Investigations and prosecuted by Assistant U.S. Attorney John Meynardie
Bergen County, New Jersey, Man Admits Role in Multiple Bank Robberies and Robberies of Liquor Store and Gas StationRead the Press Release
NEWARK, N.J. – An Oradell, New Jersey, man today admitted robbing four banks, a liquor store, and a gas station between June 2017 and December 2017, U.S. Attorney Craig Carpenito announced.
Joel Robbins, 47, pleaded guilty before U.S. District Judge Katharine S. Hayden in Newark federal court to an information charging him with four counts of bank robbery and two counts of Hobbs Act robbery.According to documents filed in this case and statements made in court:
Robbins robbed the following locations on the dates set forth below:
Bank
Location
Date
Chase Bank
Whippany
June 6, 2017
Santander Bank
Parsippany
July 20, 2017
The Liquor Factory
Hopatcong
October 15, 2017
Chase Bank
Edgewater
October 25, 2017
Raceway Gas Station
Pinebrook
November 26, 2017
TD Bank
Mahwah
December 3, 2017
In the TD Bank robbery, Robbins walked into the bank wearing gray pants, a black jacket, sunglasses, a dark skull cap, and light-colored latex gloves. As he entered the bank, Robbins pulled a bandana over his face. Robbins’s accomplice, Wanda Soel, 52, of Hasbrouck Heights, New Jersey, allegedly waited for Robbins in a Toyota Corolla parked outside the bank.
Robbins pulled a black handgun (later determined to be fake) from his waistband and pointed it at two bank tellers, demanded money from them and warned them not to “make me have to kill you.” The tellers complied and handed Robbins money. Robbins took the money and walked out of the bank, dropping several bills as he departed.
Robbins got into the passenger seat of the Corolla and Soel allegedly drove them away. Nearby law enforcement officers, who had received a report of the bank robbery while it was in progress, pursued the Corolla. Soel allegedly drove into the parking lot of a nearby hotel, where she and Robbins tried to switch places so Robbins could drive. When Soel got out of the Corolla, she tripped and fell, and Robbins drove away without her. Law enforcement officers arrested Soel in the hotel parking lot. Her bank robbery charges are pending.
Robbins drove out of the hotel parking lot but eventually hit a curb, blew a tire, and crashed. Law enforcement officers caught up to the Corolla and arrested Robbins. They recovered U.S. currency sticking out of Robbins’s pants and other cash bills strewn inside the Corolla, along with a fake black handgun. Officers also recovered sunglasses, a bandana, a dark knit cap, and latex gloves from the Corolla, resembling the items Robbins was seen wearing when he robbed the bank. Robbins was wearing a black jacket when he was arrested.
The counts of bank robbery and Hobbs Act robbery with which Robbins is charged each carry a maximum punishment of 20 years in prison and a $250,000 fine.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie, with the investigation leading to the charge. He also thanked the Mahwah Township Police Department for its contribution to the case, as well as the police departments of Hanover Township, Parsippany, Hopatcong, Edgewater and Montville.
The government is represented by Assistant U.S. Attorney Jason S. Gould of the Criminal Division of the U.S. Attorney’s Office in Newark.
The charges and allegations against Soel are merely accusations, and she is presumed innocent unless and until proven guilty.Defense counsel: Perry Primavera Esq., Hackensack, New Jersey
Bangor Woman Pleads Guilty to Maintaining a Drug-Involved PremisesRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Sherri Chen, 55, of Hampden, Maine, pled guilty yesterday in U.S. District Court to maintaining a drug-involved premises for use and distribution of heroin and cocaine base, commonly known as “crack.”
According to court records, between January 2016 and February 2017, Chen, in exchange for drugs, allowed her Hampden residence to be used for the use and distribution of crack and heroin.
Chen faces up to 20 years in prison term, a $500,000 fine, and three years of supervised release. She will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated by the U.S. Drug Enforcement Administration and the Maine Drug Enforcement Agency and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
Baldwin Man Sentenced to Five Years for Possessing Stolen FirearmsRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Aaron Dodd, 35, of Baldwin, Maine was sentenced today in U.S. District Court by Judge George Z. Singal to five years in prison for possession of stolen firearms. Dodd pled guilty on April 4, 2018.
According to court records, in March 2016, Maine State Police troopers seized four stolen firearms hidden by Dodd in Baldwin residences owned by family members.
In imposing the sentence, Judge Singal noted that the sentence was appropriate in light of Dodd’s extensive criminal history, which included seven prior burglary convictions.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, in conjunction with the Maine State Police and the Cumberland County Sheriff’s Office.
Baldwin County Legislator Charged in Public Corruption Case Related to Diabetes Treatment ClinicsRead the Press Release
Montgomery, Alabama – On Wednesday, July 25, 2018, another Alabama legislator was arrested in a pending public corruption case involving the owner of a chain of diabetes treatment clinics, announced United States Attorney Louis V. Franklin, Sr.
State Representative Randall M. “Randy” Davis, 66, of Daphne, Alabama is the new defendant in this case and was charged in a superseding indictment along with co-defendants G. Ford Gilbert, 70, of Carmichael, California, and Martin J. “Marty” Connors, 61, of Alabaster.
The case began in April of 2018 when a federal grand jury returned an indictment against G. Ford Gilbert, the chief executive officer (CEO) of Trina Health, LLC (Trina Health)—a California-based company that operates diabetes treatment clinics all over the United States and in some foreign countries.
The original indictment alleged that in 2014 and 2015, Trina Health opened three clinics in Alabama. Soon thereafter, the state’s largest health insurer informed Trina Health that it would not cover the treatments provided by Trina Health. Gilbert then schemed to force the insurer to change its position.
Gilbert came up with a plan to push a bill through the Alabama Legislature’s 2016 session that would require the insurer to cover the treatments. Gilbert then made payments and gave things of value to a legislator, former House of Representatives Majority Leader Micky Ray Hammon, in exchange for Hammon working behind the scenes to push the bill. Gilbert also hired co-defendant Martin Connors to act as a lobbyist on behalf of the bill. Connors knew of Gilbert’s payments to the legislator.
The new charges contained in the superseding indictment alleges that Davis also stood to gain from Trina Health’s successes. According to the indictment, during 2014 and 2015, Davis tried to recruit investors to Trina Health and, as a result of doing so, he received finder’s fees. After Trina Health encountered difficulties with the health insurance companies, Davis attempted to lobby the insurance company to change its position. When that failed, Davis took steps to advance the bill. For example, Davis helped to recruit a sponsor, arranged for the public hearing to be video recorded, and then spoke in favor of the bill at a public hearing.
Based on these events, the superseding indictment charges Davis, Gilbert, and Connors with conspiracy to commit bribery related to federal programs. Additionally, the superseding indictment alleges that Gilbert committed various acts of bribery related to federal programs. Gilbert and Davis are also charged with interstate travel and communications in aid of racketeering. The last count in the superseding indictment charges Connors with making a false statement to a federal agent.
An indictment merely alleges that crimes have been committed. Each defendant is presumed innocent until proven guilty beyond a reasonable doubt.
If convicted of the most serious offenses, each defendant in this case faces a maximum sentence of 10 years in prison, significant monetary penalties, asset forfeiture, and restitution.
The United States Postal Inspection Service investigated the case with the assistance of the Federal Bureau of Investigation. Assistant United States Attorneys Jonathan S. Ross, Joshua J. Wendell, and Stephanie Billingslea are prosecuting the case.
Arms Trafficker Sentenced for Illegally Shipping Handguns to DominicaRead the Press Release
Tampa, Florida – U.S. District Judge Susan Bucklew today sentenced Edger Edmund Francis (29, Tampa) to 10 months in federal prison for conspiracy to smuggle goods from the United States. Francis pleaded guilty on April 23, 2018.
According to court documents, on September 22, 2016, Francis rented a U-Haul truck and drove it from Tampa to a shipping company in Riviera Beach, Florida. In Riviera Beach, Francis arranged to ship a barrel containing three handguns and hundreds of rounds of ammunition, concealed among various household goods. The barrel was destined for Roseau, Dominica, and records showed that Francis had bought the household items from a store in Tampa, just before making the trip. Francis never applied for, or received, an export license or other written prior approval to ship the guns or ammunition outside of the United States.
On or about October 26, 2016, the Commonwealth of Dominica Police Force searched the barrel and found the guns and ammunition hidden inside.
“This case is an example of HSI’s dedication to stopping smuggled weapons before they fall into the hands of criminals who pose a threat to public safety both here and abroad,” said Homeland Security Investigations Special Agent in Charge James C. Spero.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, including its Attaché Caribbean, with assistance from the Commonwealth of Dominica Police Force. It was prosecuted by Assistant United States Attorney Patrick Scruggs.
Allegheny County Sheriff’s Office Employee Charged with Obstruction of Justice and Lying to the FBIRead the Press Release
PITTSBURGH –A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of obstruction of justice and making false statements to federal investigators, United States Attorney Scott W. Brady announced today.
The two-count indictment, returned on July 24 and unsealed today following her arrest, named Erika Romanowski, 40, as the sole defendant.
According to the indictment, while employed as a clerk with the Allegheny County Sheriff’s Office (ACSO), Romanowski had access to sensitive law enforcement information, including information related to ongoing federal investigations with which ACSO assisted. As alleged, between in and around February 2018 and in and around April 2018, Romanowski disclosed non-public, sensitive law enforcement information to two personal associates, identified as Person A and Person B, in an effort to protect Person B from investigation and prosecution by federal authorities. According to the indictment, Person A and Person B were targets of an ongoing, multi-agency federal grand jury investigation focused on the criminal activities of a large-scale, violent drug trafficking organization operating in the West End neighborhood of Pittsburgh. Person B allegedly was a senior member of the drug trafficking organization.
The indictment further alleges that on or about June 20, 2018, during an interview with FBI Special Agents, Romanowski lied when she repeatedly denied ever disclosing sensitive law enforcement information to Person A or Person B.
"This indictment alleges that Erika Romanowski violated the public trust by leaking sensitive law enforcement information she learned while employed at the Sheriff’s Office, and then falsely denied making the disclosure when questioned by the FBI," stated U.S. Attorney Brady. "Every government employee with knowledge of a criminal investigation must maintain its confidentiality, whether or not they serve in a law enforcement capacity. Even more troubling, her actions could have jeopardized the safety of law enforcement officers. Corruption regardless of station will be prosecuted."
"It's important for the public to know the FBI works closely with our law enforcement partners in Western Pennsylvania to ensure public servants who violate the trust placed in them by the public will be aggressively pursued and held accountable for their actions," said Assistant Special Agent in Charge Chad Yarbrough.
Romanowski faces a maximum sentence of 20 years’ imprisonment and a fine of $250,000 for the obstruction of justice charge and a maximum sentence of 5 years’ imprisonment and a fine of $250,000 for the false statements charge. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Eric G. Olshan is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation leading to the indictment in this case, with the full cooperation and assistance of the Allegheny County Sheriff’s Office. This prosecution is part of the U.S. Attorney’s public corruption initiative.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Albuquerque Man Pleads Guilty to Federal Production of Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Christopher Glotfelty, 36, of Albuquerque, N.M., pleaded guilty this morning in federal court to production and possession of child pornography charges. Glotfelty entered the guilty plea under a plea agreement that recommends that he be sentenced to a 25-year term of imprisonment followed by 15 years of supervised release. Glotfelty also will be required to register as a sex offender after he completes his prison sentence.
The FBI charged Glotfelty in a criminal complaint filed on June 6, 2017, with producing and possessing child pornography from March 2014 through May 2017, in Bernalillo County, N.M. According to the complaint, the Albuquerque Police Department (APD) initiated an investigation into Glotfelty in May 2017, after receiving information and evidence supporting allegations that Glotfelty produced child pornography of himself engaging in sexual activity with two minor victims. The complaint alleged that images of child pornography were contained in four thumb drives, two memory sticks, and a camera that allegedly belonged to Glotfelty.
Glotfelty and his co-defendant and wife, Danielle Glotfelty, 32, were charged with child pornography offenses in a six-count indictment that was filed on July 11, 2017. The indictment charged Glotfelty and Danielle Glotfelty with producing child pornography on March 5, 2014. It also charged Glotfelty with producing child pornography on April 29, 2014, and possessing child pornography on two thumb drives and a memory stick within a camera on May 11, 2017. According to the indictment, the defendants committed the crimes in Bernalillo County.
During today’s change of plea hearing, Glotfelty pled guilty to one count of producing child pornography and one count of possessing child pornography. In entering the guilty plea, Glotfelty admitted that on March 5, 2014, he used a digital camera to produce child pornography of a seven-year-old child, and saved the video recording on a memory stick within the digital camera. Glotfelty also admitted that from 2014 through May 2017, he possessed a thumb drive that contained approximately 297 images and nine videos of child pornography.
Glotfelty has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
Danielle Glotfelty has entered a plea of not guilty to the charges against her and is pending trial. Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the FBI and the APD. Assistant U.S. Attorney Jonathon M. Gerson is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 86 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
12 Members of Bronx Crew Charged in Manhattan Federal Court with Narcotics OffensesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing today of an Indictment charging 12 members of a crew operating in and around the Murphy Houses and the Lambert Houses in the Bronx with participating in a narcotics conspiracy.
A total of eight defendants were taken into custody today; seven were arrested in the Bronx, and one defendant was arrested in Delaware. Four defendants remain at large. The seven defendants arrested in the Bronx will be presented and arraigned before U.S. Magistrate Judge James L. Cott later today. The case is assigned to U.S. District Judge Katherine Polk Failla.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged, the defendants conspired to sell narcotics in a number of locations, including the Murphy Houses, a NYCHA development. NYCHA residents, and all New Yorkers, should be free to go about their daily lives free from the scourge of narcotics trafficking. Thanks to the excellence of our partners at HSI and the NYPD, these defendants now face federal charges for bringing drugs to our buildings and to our streets.”
HSI Special Agent-in-Charge Angel M. Melendez said: “These crew members allegedly pushed crack cocaine and heroin in low income neighborhoods of the Bronx. The alleged dealers have no regard for their neighbors as long as they are making a profit, which is why we will continue to partner with NYPD in these investigations to remove the drugs, and those who push it, off city streets.”
NYPD Commissioner James P. O’Neill said: “Today’s indictment is a perfect example of how well the law enforcement community works together to dismantle drug organizations and put these criminals behind bars. Removing them from our streets sends a clear message to others who many choose to engage in similar activity. These substances cause immeasurable damage in our neighborhoods, and we will remain vigilant in our commitment to expose and arrest anyone who poses such a threat to the safety of New Yorkers.”
As alleged in the Indictment unsealed today in Manhattan federal court and in other court papers and proceedings[1]:
* * *
From 2016 up to June 2018, KAWAIN NELSON, a/k/a “Kobe,” a/k/a “Kobi,” a/k/a “Slope,” JAMES CROOMS, a/k/a “Butter,” ANTHONY CORLEY, a/k/a “Tone,” ALBERT COLLINS, a/k/a “A,” DARRELL HUDSON, a/k/a “Skip,” JONATHAN PADILLA, SILVIO CIPRIAN, a/k/a “T.P.,” LAMAR GRIFFIN, a/k/a “Louch,” JACKIE COOPER, a/k/a “Jack,” SHARON HATCHER, ALLEN WALKER, a/k/a “Fat Boy,” and EFRAIN REYES, a/k/a “Stone,” participated in a conspiracy to distribute and possess with the intent to distribute crack cocaine, heroin, marijuana in and around the Murphy Houses, a public housing complex, and the Lambert Houses, an affordable housing development, in the Bronx.
A chart containing the names and maximum penalties for the defendants is set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of HSI and the NYPD’s Bronx Violent Crimes Squad.
The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Sarah Krissoff, Gina Castellano, and Frank Balsamello are in charge of the prosecution.
The charges contained in the Indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics
Conspiracy
21 U.S.C. § 846
KAWAIN NELSON, 32
JAMES CROOMS, 31
ANTHONY CORLEY, 35
ALBERT COLLINS, 28
DARRELL HUDSON, 28
JONATHAN PADILLA, 29
SILVIO CIPRIAN, 30
LAMAR GRIFFIN, 28
JACKIE COOPER, 53
SHARON HATCHER, 51
ALLEN WALKER, 38
EFRAIN REYES, 49
Life in prison
Mandatory minimum of 10 years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
24 July 2018
Wilson County Man Sentenced to 30 Years in Prison for Drug Distribution ConspiracyRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, Chief United States District Judge James C. Dever, III sentenced SEAN TRENT BARNES, 44 from Lucama, North Carolina, to 360 months in prison, followed by 5 years of supervised release.
BARNES was named in a ten-count Indictment filed on May 17, 2017. On August 21, 2017, BARNES pled guilty to Conspiracy to Distribute and Possess with Intent to Distribute 50 Grams of More of Methamphetamine.
The investigation revealed that BARNES distributed marijuana and crystal methamphetamine in the Wilson and Johnston County, North Carolina, area for more than twenty (20) years. BARNES stored ounce quantities of crystal methamphetamine and distributed it from a home he shared with his girlfriend and her nine-year-old son in Lucama, North Carolina. He also stored methamphetamine and firearms at his father’s home in Lucama. The methamphetamine supplied to BARNES was imported into the United States from Mexico. BARNES recruited a homeless methamphetamine addict to live in his home and provided him with methamphetamine in exchange for distributing methamphetamine for BARNES. Numerous other individuals also sold methamphetamine for BARNES. In May 2016, the Wilson Police Department (WPD) and the Wilson County Sheriff’s Office (WCSO) initiated an investigation into BARNES’ drug activities based upon information provided by a confidential informant (CI). Subsequently, the WPD, WCSO and assisting law enforcement agencies utilized the CI to make controlled purchases from BARNES, seized methamphetamine from BARNES, and obtained historical statements from government witnesses.
On June 28, 2016, the CI negotiated with BARNES to purchase two ounces of methamphetamine at a location near the North Carolina/South Carolina state line. While enroute to deliver the methamphetamine to the CI, law enforcement authorities conducted a traffic stop of BARNES on Interstate 95 South in Johnston County. BARNES and his passenger were arrested after authorities located 43 grams of methamphetamine in the trunk of BARNES’ car. A subsequent search of BARNES’ home in Lucama found an additional 5.2 grams of methamphetamine and other drug paraphernalia.
From the investigation, law enforcement determined BARNES trafficked 623.7 grams of actual methamphetamine and 756.5 grams of marijuana from 2013 to September 7, 2016. BARNES was a leader or organizer of an otherwise extensive criminal activity that involved five or more participants. BARNES also possessed firearms in furtherance of his methamphetamine-trafficking activities. While BARNES maintained premises from which he distributed methamphetamine, the premises from which he distributed methamphetamine served as his primary residence and the primary residence of his father.
Mr. Higdon commented: “Sean Trent Barnes has been poisoning the streets of Wilson County for more than two decades. But now, with the imposition of a 30 year sentence, those communities can begin to recover from the effects of his crime. The Court’s lengthy sentence gives these communities that opportunity and we are very pleased that the United States Justice Department could play a role in achieving that result. I want to commend the Drug Enforcement Administration, the Wilson Police Department, the Wilson County Sheriff’s Office and the North Carolina Highway Patrol for their excellent work in this case.”
The case is a federal Organized Crime Drug Enforcement Task Force (OCDETF) criminal matter and was investigated by the Wilson Police Department, Wilson County Sheriff’s Office, the North Carolina Highway Patrol, and the United States Drug Enforcement Administration. Assistant United States Attorney Brad Knott prosecuted the case on behalf of the United States.
Virginia Man Sentenced to Prison for Tax Fraud and Structuring More than $475,000Read the Press Release
WASHINGTON - A Concord, Virginia man was sentenced to prison today for tax and currency structuring charges, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Thomas T. Cullen for the Western District of Virginia.
Barry Edwards, 54, was sentenced to 36 months in prison on one count of filing a fraudulent 2013 tax return and one count of conspiring to structure cash transactions.
According to court documents and information provided to the court, Barry and his wife Joanne Edwards created two purported religious missions in 2006, which they used as nominees to receive income Barry Edwards earned selling nutritional supplements. The couple deposited this income into bank accounts held in nominee names. They then withdrew more than $475,000 in cash from these accounts, in increments less than $10,000, to evade bank-reporting requirements. The couple deposited the withdrawn funds into their own bank accounts to pay personal expenses, including car payments and their children’s tuition. Barry Edwards also used the cash to purchase a five-acre farm in Concord, Virginia. The couple jointly filed fraudulent 2013 through 2015 tax returns with the Internal Revenue Service (IRS) that did not fully report their income.
In addition to the term of imprisonment, U.S. District Court Judge Norman K. Moon ordered Barry Edwards to serve three years of supervised release. Mr. Edwards was also ordered to pay $7,929.00 in restitution to the IRS for unpaid taxes.
The Court previously sentenced Joanne Edwards, on May 9, 2018, to 18 months in prison followed by three years of supervised release as well as restitution for filing a fraudulent 2013 tax return and conspiring to structure cash transactions.
Principal Deputy Assistant Attorney General Richard E. Zuckerman and U.S. Attorney Thomas T. Cullen thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorney Sean Beaty of the Tax Division and Special Assistant U.S. Attorney Kari Munro, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Virginia Man Sentenced to Prison for Tax Fraud and Structuring More Than $475,000Read the Press Release
A Concord, Virginia man was sentenced to prison today for tax and currency structuring charges, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Thomas T. Cullen for the Western District of Virginia.
Barry Edwards, 54, was sentenced to 36 months in prison on one count of filing a fraudulent 2013 tax return and one count of conspiring to structure cash transactions.
According to court documents and information provided to the court, Barry and his wife Joanne Edwards created two purported religious missions in 2006, which they used as nominees to receive income Barry Edwards earned selling nutritional supplements. The couple deposited this income into bank accounts held in nominee names. They then withdrew more than $475,000 in cash from these accounts, in increments less than $10,000, to evade bank-reporting requirements. The couple deposited the withdrawn funds into their own bank accounts to pay personal expenses, including car payments and their children’s tuition. Barry Edwards also used the cash to purchase a five-acre farm in Concord, Virginia. The couple jointly filed fraudulent 2013 through 2015 tax returns with the Internal Revenue Service (IRS) that did not fully report their income.
In addition to the term of imprisonment, U.S. District Court Judge Norman K. Moon ordered Barry Edwards to serve three years of supervised release. Mr. Edwards was also ordered to pay $7,929.00 in restitution to the IRS for unpaid taxes.
The Court previously sentenced Joanne Edwards, on May 9, 2018, to 18 months in prison followed by three years of supervised release as well as restitution for filing a fraudulent 2013 tax return and conspiring to structure cash transactions.
Principal Deputy Assistant Attorney General Richard E. Zuckerman and U.S. Attorney Thomas T. Cullen thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorney Sean Beaty of the Tax Division and Special Assistant U.S. Attorney Kari Munro, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Upstate Man Pleads Guilty to Child Porn ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Keith D. Cook, age 38, of Greer, pled guilty in federal court in Spartanburg, to possession of child pornography, a violation of Title 18, United States Code, Section 2252A. United States District Judge Donald C. Coggins, of Spartanburg, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that on January 18, 2017, law enforcement conducted a search warrant at Cook’s home after receiving information that he was uploading child pornography to a mobile device. A search warrant was conducted at the home and Cook was located at his place of business. Law enforcement recovered Cook’s cell phone and located multiple images of children, some prepubescent, engaging in the lascivious display of the genitals. Cook was questioned and admitted to downloading the child pornography that led to the search warrant.
Ms. Lydon stated that because Cook has a prior conviction for possessing child pornography he is subject to a mandatory minimum sentence of 10 years. The maximum penalty Cook can receive is a fine of $250,000 and/or imprisonment for 20 years, supervised release of up to life, plus a special assessment of $100.
The case was investigated by agents with the Greenville County Sheriff’s Office and the Department of Homeland Security, Office of Investigations. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.
#####
United States Attorney Mike Stuart Issues Statement on DOJ, EPA and State of WV Settlement with CSXRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement regarding the settlement between the Department of Justice (DOJ), Environmental Protection Agency (EPA) and the State of West Virginia and CSX Transportation:
“The 2015 train derailment was a terrible event causing a declaration of a state of emergency, evacuation of our citizens, and destruction to property. It placed public health and environmental resources at serious peril. I’m very pleased that today’s actions will hopefully deter similar events in the future and that West Virginia will directly receive $1 million of the $2.2 million settlement.”
For more information on the settlement, please see DOJ’s press release below.
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Tuesday, July 24, 2018
Department of Justice, EPA, State of West Virginia Settle With CSX Transportation Over 2015 Derailment and Oil Spill in Mount Carbon, W.Va.
Today, the U.S. Department of Justice, U.S. Environmental Protection Agency (EPA) and State of West Virginia announced a settlement with CSX Transportation Inc. to resolve its liability for state and federal water pollution violations related to a 2015 oil spill caused by a train derailment in Mount Carbon, West Virginia. Under the terms of the settlement, CSX Transportation will pay penalties of $1.2 million to the United States and $1 million to West Virginia.
“Federal law requires the transport of oil through communities like Mount Carbon to be done safely, whether by rail or any other mode. When accidents happen and public health or the environment is harmed, the Justice Department will respond with strong action in close coordination with our federal and state partners,” said Acting Assistant Attorney General Jeffrey H. Wood for the Justice Department’s Environment and Natural Resources Division. “Today’s settlement imposes serious fines under the Clean Water Act for the 2015 CSX train derailment in West Virginia and seeks to deter similar incidents from happening in the future. I applaud the joint efforts of DOJ, EPA, and the State of West Virginia on this case.”
“The 2015 CSX train derailment in Mount Carbon, West Virginia caused significant damage and disruption to that community,” said EPA Office of Enforcement and Compliance Assurance Assistant Administrator Susan Bodine. “Through this settlement EPA, DOJ, and the State of West Virginia are holding CSX Transportation accountable for these consequences.”
On February 16, 2015, a CSX Transportation train with 109 railcars carrying crude oil derailed in Mount Carbon. Twenty-seven tank cars, each containing approximately 29,000 gallons of Bakken crude oil, derailed, and about half of the tank cars ignited. The resulting explosions and fires destroyed an adjacent home and garage. Local officials declared a state of emergency, nearby water intakes were shut down, and residents in the area were evacuated.
EPA and the West Virginia Department of Environmental Protection joined with other federal, state, and local agencies in responding to the incident. In response to federal and state orders, CSX Transportation has taken steps to remedy the damage and disruption caused by the oil spill. Separately, under a state-negotiated provision, CSX Transportation will help improve surface water quality in the area impacted by the oil spill through a contribution of $500,000 to a state-administered fund to upgrade a water treatment facility in Fayette County, West Virginia.
Some of the oil discharged during and following the train derailment flowed into the Kanawha River and Armstrong Creek. Freshwater bodies are particularly sensitive to fuel spills, which may damage fish and bird habitat and threaten drinking water supplies.
The proposed settlement is subject to a 30-day public comment period and final court approval. To view the consent decree or to submit a comment, visit the department’s website at: www.justice.gov/enrd/Consent_Decrees.html.
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###U.S. Attorney Bob Troyer Urges Public to Report Sexual Harassment in Housing to the Department of JusticeRead the Press Release
DENVER – Bob Troyer, U.S. Attorney for the District of Colorado, is urging members of the public to come forward to report incidents of sexual harassment in housing to the U.S. Department of Justice.
“Landlords taking advantage of vulnerable tenants are predators,” said U.S. Attorney Bob Troyer. “Sexual harassment or assault by landlords, property managers, and others in a position of power over tenants’ housing situations is illegal. We know from the stories we have heard across the country that much of this behavior goes unreported. Today, I am encouraging victims and concerned citizens to contact the U.S. Attorney’s Office to report those who engage in this illegal and abusive behavior.”
In October 2017, the Justice Department’s Civil Rights Division announced the Sexual Harassment in Housing Initiative, an effort to combat sexual harassment in housing. On April 12, 2018, Attorney General Jeff Sessions announced the nationwide expansion of that initiative and the formation of a joint task force with the Department of Housing and Urban Development to address this issue. The Justice Department’s initiative seeks to identify barriers to reporting sexual harassment in housing, increase awareness of the Justice Department’s enforcement efforts – both among survivors and those they may report to – and collaborate with federal, state, and local partners to increase reporting and help survivors quickly and easily connect with federal resources.
On July 12, 2018, the U.S. Attorney’s Office for the District of Colorado, in partnership with the Justice Department’s Civil Rights Division, hosted a Community Roundtable in Denver to address the problem of sexual harassment in housing. A range of concerned community members who serve and represent constituencies who may be targets of sexual predators attended to learn about the Fair Housing Act’s protections against sexual harassment, and to start a dialogue about how to combat this problem.
“Our office is working with concerned Coloradans to address this vexing problem, but we need the community’s help to encourage survivors to know their rights and to speak out,” said U.S. Attorney Troyer.
Yesterday, the Justice Department announced the release of a public service announcement (PSA) aimed at raising awareness and reaching victims of sexual harassment in housing. To enhance the effectiveness of the Sexual Harassment in Housing Initiative, the Department has enlisted the assistance of victims to share their experiences and help convey the message that sexual harassment in housing is a violation of civil rights. The Justice Department and the U.S. Department of Housing and Urban Development (HUD) are working together to distribute the PSA. The PSA is posted on the Department’s Youtube channel and HUD’s Youtube channel. Click here for Sexual Harassment in Housing PSA.
Individuals who believe they have been victims of discrimination can call the Civil Rights Division at 1-(844) 380-6178 or e-mail [email protected], or they can contact the U.S. Attorney’s Office for the District of Colorado at (303) 454-0100 (press 4 for the civil duty attorney), or e-mail [email protected]
Two Essex County, New Jersey, Men Charged with $600,000 Credit Card Fraud, Identity Theft ConspiracyRead the Press Release
NEWARK, N.J. – Two Essex County men were charged today for their alleged roles in a conspiracy that used stolen personal identifying information to open credit cards and defraud a victim bank out of approximately $600,000, U.S. Attorney Craig Carpenito announced.
Akintunde Adeyemi, a/k/a “AK,” 33, of East Orange, New Jersey, and Duluth, Georgia, and Oluwaseun Jato, 29, of Newark, are charged by complaint with one count each of bank fraud conspiracy and aggravated identity theft. Jato was arrested this morning in Atlanta and will appear today before U.S. Magistrate Judge Justin S. Anand in Atlanta federal court. Adeyemi is still at large.
According to the complaint:Between July 2016 and May 2017, Adeyemi, Jato and others conspired to use stolen personal identifying information to fraudulently apply for credit card accounts with an entity referred to in the complaint as “Victim Bank 1.” As part of the conspiracy, Adeyemi obtained the stolen personal information from other conspirators and used it to create the fraudulent credit card accounts.
After establishing the accounts, the conspirators contacted Victim Bank 1 to change the addresses associated with the accounts so that Victim Bank 1 would send the credit cards to addresses controlled by members of the conspiracy, including locations near Adeyemi and Jato’s residences in New Jersey and Georgia. Jato and other conspirators then used the cards at retail stores in New Jersey and Georgia, among other places, to purchase smartphones, tablets, and other high-value items, which were later sold for profit. Overall, the conspirators defrauded Victim Bank 1 of approximately $600,000.
The bank fraud conspiracy charge carries a maximum potential penalty of 30 years in prison and a $1 million fine. The aggravated identity theft charge carries a mandatory sentence of two years in prison, which must run consecutive to any other term imposed.
U.S. Attorney Carpenito credited inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Judy Ramos, and special agents of the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Brian Michael in Newark, with the investigation leading to today’s charges
The government is represented by Assistant U.S. Attorneys Nicholas P. Grippo of the U.S. Attorney’s Office Economic Crimes Unit and David M. Eskew, Chief of the U.S. Attorney’s Office Health Care and Government Fraud Unit in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty
Topeka Man Sentenced for Driving Getaway CarRead the Press Release
TOPEKA, KAN. – A Topeka man was sentenced today to 14 years in federal prison for driving the getaway car during an armed robbery, U.S. Attorney Stephen McAllister said.
Jermaine Tyrell Patton, 30, Topeka, Kan., pleaded guilty to one count of aiding and abetting a commercial robbery and one count of aiding and abetting an armed robbery.
In his plea, Patton admitted taking part in a Nov. 5, 2016, robbery at Oakmark Convenience Store at 2518 N.E. Seward Avenue in Topeka. Patton’s accomplice, who was carrying a firearm, entered the store and demanded money. Patton was behind the wheel of a blue PT Cruiser when he and the robber fled the scene. When police stopped the car, both men fled on foot. Patton was quickly arrested.
The other man, Christopher Curtis Harris of Topeka, was arrested and charged in Shawnee County District Court with shooting Topeka Police Detective Brian Hill when Hill tried to arrest him. Harris was convicted and sentenced to life.
McAllister commended the Topeka Police Department, the FBI and Assistant U.S. Attorney Jared Maag for their work on the case.
Stilwell Man Pleads Guilty to Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Nathan Bryce Moton, age 44, of Stilwell, Oklahoma, pled guilty to Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B), punishable by not less than 5 nor more than 40 years imprisonment, up to a $5,000,000.00 fine, or both.
The Indictment alleged that on or about February 18, 2018, within the Eastern District of Oklahoma, defendant, did knowingly and intentionally possess with intent to distribute 50 grams or more of a mixture or substance containing a detectable quantity of methamphetamine, a Schedule II controlled substance.The charges arose from an investigation by the McAlester Police Department and the Drug Enforcement Administration.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Rob Wallace represented the United States.
San Leandro Physician’s Assistant Convicted of Distributing Controlled Substances Without A Legitimate Medical PurposeRead the Press Release
OAKLAND – David Lague, a physician’s assistant who formerly practiced in San Leandro, was convicted of thirty-nine counts of distributing oxycodone, oxymorphone, methadone, amphetamines, clonazepam, fentanyl, hydromorphone, morphine, hydrocodone, alprazolam, and carisoprodol outside the course of professional practice and without a legitimate medical purpose by a federal jury today, announced United States Attorney Alex Tse, Drug Enforcement Administration Special Agent in Charge Chris Nielson, and Health and Human Services, Office of Inspector General, Office of Investigations, Special Agent in Charge Steven J. Ryan, San Francisco Regional Office.
The jury found that Lague, 61, of San Mateo, had prescribed oxycodone pills on two occasions to a patient who had informed Lague that he intended to sell the pills to make a profit. In addition, the jury concluded that Lague had prescribed potent and highly addictive controlled substances to four other patients in a manner that he knew was not medically legitimate. The jury acquitted Lague of health care fraud charges in connection with his fentanyl prescriptions to one of the four patients.
Evidence at trial showed that Lague was the number one prescriber of opioids in the state of California in 2015 and 2016, according to Medicare’s records. Lague prescribed over 1.6 million controlled substance pills, of which over 1.4 million were in the most dangerous and abused category (designated by the DEA as Schedule II), in 2016.
Undercover videotapes showed Lague prescribing pills to an informant without asking any questions about the patient’s health or performing any physical examinations. Further recordings showed that, on October 13, 2016, when the informant asked Lague to double his oxycodone prescription to allow him to sell the extra pills for $6,000, Lague proceeded to provide the prescription, along with suggestions on how to avoid detection by the pharmacy or insurance provider. On December 12, 2016, Lague again doubled the informant’s prescriptions to allow the informant to sell the oxycodone pills.
In addition, evidence from medical records showed that Lague was prescribing controlled substances to other patients despite clear signs of addiction. Studies compiled by the Centers for Disease Control and Prevention show that the combination of opioids and benzodiazepines (such as Xanax or Klonopin) quadruples the risk of overdose. Medical records showed that Lague prescribed opioids and benzodiazepines to a patient who had twice tested positive for cocaine and whose father and former orthopedist had both warned Lague of red flags regarding the patient’s addiction. Records further showed that Lague prescribed opioids and benzodiazepines to a patient who tested positive three times for cocaine and that Lague even wrote her an excuse note for her Narcotics Anonymous class before issuing her more prescriptions. Medical records from a third patient showed that Lague prescribed a highly potent formulation of fentanyl that was intended for use only to treat cancer pain to a patient who did not have cancer and twice tested positive for heroin. Records further showed that Lague had prescribed extraordinarily high amounts of oxycodone, as many as 90 oxycodone pills per day, to a fourth patient who had disclosed a prior oxycodone addiction and described consuming 25 pills at once on one occasion.
The guilty verdict followed an eleven-day jury trial before the Honorable Haywood S. Gilliam, U.S. District Court Judge.
Lague was indicted by a federal grand jury on December 5, 2017. He was charged with thirty-six counts of distributing Schedule II controlled substances outside the usual course of professional practice without a legitimate medical purpose, three counts of distributing Schedule IV controlled substances outside the usual course of professional practice without a legitimate medical purpose, one count of conspiracy to commit health care fraud, and six counts of health care fraud.
Following his conviction, Lague was remanded to the custody of the United States Marshals Service. Defendant’s sentencing hearing is scheduled for October 22, 2018, before Judge Gilliam in Oakland. The maximum statutory penalty for each count of distributing a controlled Schedule II substance outside the usual course of professional practice without a legitimate medical purpose in violation of 21 U.S.C. § 841(a)(1) is 20 years imprisonment and a fine of $1,000,000. The maximum statutory penalty for each count of distributing a controlled Schedule IV substance outside the usual course of professional practice without a legitimate medical purpose in violation of 21 U.S.C. § 841(a)(1) is 5 years imprisonment and a fine of $250,000. However, any sentence will be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Rita Lin and Frank Riebli are the Assistant U.S. Attorneys who are prosecuting the case with the assistance of Ana Guerra, Diana Wong, and Linda Love. This case was investigated and prosecuted by member agencies of the Organized Crime Drug Enforcement Task Force, a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state, and local law enforcement agencies.
Rio Grande City Man Ordered to Prison in Multi-Defendant Drug ConspiracyRead the Press Release
BROWNSVILLE, Texas – A 38-year-old South Texas man has been sentenced for his involvement in a multi-state drug trafficking conspiracy that had been trafficking marijuana and cocaine since 2003, announced U.S. Attorney Ryan K. Patrick. Arnaldo Bermea, of Rio Grande City, pleaded guilty Aug. 1, 2017.
Today, U.S. District Judge Andrew S. Hanen sentenced Bermea to a 102-month term of imprisonment to be immediately followed by a five-year term of supervised release. He was also ordered to pay a $10,000 fine.
Judge Hanen previously sentenced six other defendants in connection with this conspiracy. Jose Manuel Portillo-Guerrero, 42, of Valadeces, Tamaulipas, Mexico, Javier Alejandro Aldava, 30, and Oscar Erick Calvillo-Lores, 38, both of Reynosa, Tamaulipas Mexico, all undocumented aliens were sentenced to 52, 120 and 192 months in prison, respectively. Heber Bienvendio Tejada, 37, of New Jersey, received a 48-month prison term while Moises Ramirez, 34, and Ramiro Espinoza, 48, both of Brownville, were ordered to serve 60 and 81 months, respectively.
All seven conspirators were part of a multi-state drug trafficking and money laundering organization that had existed since 2003. The drug trafficking organization, based out of the Rio Grande Valley, would hire truck drivers to haul loads of produce to northern states with ton quantities of marijuana and multi-kilogram quantiles of cocaine hidden in false compartments. Drug proceeds would then be transported back to the Rio Grande Valley.
All defendants except Tejada, Ramirez and Espinoza, had pleaded guilty to conspiracy to possess with intent to distribute more than 1000 kilograms of marijuana. The evidence at sentencing indicated that on Aug. 10, 2011, agents approached a suspected narcotics stash house in Mission and found Portillo-Guerrero, Calvillo-Lores and Aldava. Authorities arrested all three after agents discovered 2,120 kilograms of marijuana within the garage of the residence. They also found marijuana hidden within concreate pillars and some hidden within a trailer inside the garage.
Bermea was coordinating the transportation of marijuana within the stash house to other parts of the country.
Tejada, Ramirez and Espinoza each pleaded guilty to conspiracy to possess with intent to distribute more than five kilograms of cocaine in connection with 98 kilograms of cocaine seized from within an 18-wheeler Tejada was driving also on Aug. 10, 2011.
Bermea will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The case was the result of a nearly three-year Organized Crime Drug Enforcement Task Force investigation. The Drug Enforcement Administration conducted the investigation with the assistance of IRS-Criminal Investigation; Immigration and Customs Enforcement’s Homeland Security Investigations; Bureau of Alcohol, Tobacco, Firearms and Explosives; FBI; Hidalgo County High Intensity Drug Trafficking Area task force; Border Patrol and the Brownsville Police Department. Assistant U.S. Attorney Angel Castro is prosecuting the case.
Queens Man Pleads Guilty to Attempting to Provide Material Support to ISISRead the Press Release
Earlier today, Ali Saleh, a U.S. citizen, pleaded guilty at the federal courthouse in Brooklyn to two counts of attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS). The proceeding took place before United States District Judge William F. Kuntz, II. When sentenced, Saleh faces up to 35 years’ imprisonment.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, John C. Demers, Assistant Attorney General for National Security, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the guilty plea.
“Ali Saleh attempted to travel to the Middle East to become an ISIS fighter, funded other foreign fighters, posted instructions to make explosive devices and transported explosive materials,” stated United States Attorney Donoghue. “The defendant’s persistent efforts to aid ISIS were defeated by the outstanding work of law enforcement officers who stopped him before he could do harm. This Office will continue to work closely with the FBI’s Joint Terrorism Task Force in New York to keep our city safe from terrorists and prevent extremists from travelling abroad to join foreign terrorist organizations.”
“Saleh was undeterred in his many attempts to travel to join ISIS, and although he failed in these efforts, he turned his attention to assisting others online to join ISIS’s murderous mission in Syria,” said Assistant Attorney General Demers. “I am grateful to our partners in federal law enforcement and the prosecutors who were able to apprehend and charge Saleh before he could do more damage or harm innocent Americans.”
“Ali Saleh was persistent in his efforts to become a foreign fighter, but his persistence did not exceed the diligence of law enforcement,” stated FBI Assistant Director-in-Charge Sweeney. “The defendant went to great lengths to attempt to travel to the Middle East, while funding other foreign fighters in the process. As the FBI’s Joint Terrorism Task Force continuously strives to protect citizens from potential terrorist threats, today’s plea depicts one of the many efforts to achieve this goal.”
“New Yorkers continue to benefit from the NYPD’s robust counterterrorism capabilities and strong working relationships with our law enforcement partners on the Joint Terrorism Task Force,” stated NYPD Commissioner O’Neill. “Today’s guilty plea shows that in collaboration with the FBI and the Eastern District of New York, our skilled investigators and analysts will stop at nothing to further the critical mission of defending society from acts of terrorism wherever and however, they are being planned.”
According to court filings, Saleh was arrested after repeatedly attempting to travel to the Middle East to become a foreign fighter for ISIS. In 2013 and thereafter, Saleh became interested in the conflict in Syria, swore an oath of allegiance to ISIS and decided to travel to the Middle East in support of ISIS. On August 25, 2014, Saleh stated online, “I’m ready to die for the Caliphate, prison is nothing.” On August 28, 2014, Saleh stated online, “Lets be clear the Muslims in the khilafah [caliphate] need help, the one who is capable to go over and help the Muslims must go and help.” That same day, Saleh made an airline reservation to travel from New York to Turkey, a country bordering Syria. The defendant was ultimately prevented from traveling because his parents took away his passport.
Saleh then redirected his efforts to facilitating others’ support of ISIS. In October 2014, the defendant communicated with an ISIS supporter in Mali through an online messaging platform and sent a wire transfer in the amount of $500 to fund that person’s travel to Syria. Around the same time period, the defendant communicated with several other individuals in an effort to facilitate their support of ISIS, including known ISIS supporters in the United Kingdom and Australia.
In July 2015, the defendant purchased fireworks containing explosive powder, hid them in a concealed compartment in the trunk of his car, and drove from Indiana towards New York City. The fireworks contained approximately 1,196 grams of low explosive powder, consisting of both pyrotechnic material and black powder. Law enforcement agents located a cellphone belonging to Saleh during the time frame when he acquired the explosive powder and discovered on the phone an electronic pamphlet titled, “Muslim Gangs: The Future of Muslims in the West (Ebook 1: How to Survive in the West).” The pamphlet provided detailed instructions regarding how to create a bomb using explosive powder from fireworks. Saleh posted online the pamphlet’s image of a soda can hand grenade with instructions on how to build an improvised explosive device. When Saleh’s car broke down on the way to New York City, he abandoned it.
Subsequently, on July 24, 2015, the defendant made a reservation to travel from New York to Egypt, a country bordering Libya, and went to JFK International Airport. The defendant was ultimately denied boarding. The defendant subsequently visited three additional international airports in Newark, Philadelphia and Indianapolis, but continued to encounter travel restrictions. The defendant attempted to circumvent air travel restrictions by taking a train from Cleveland to Canada and flying to the Middle East. After law enforcement intervention, however, the defendant did not board the train and instead returned to New York.
After his encounters with law enforcement, Saleh changed his online social media moniker and expressed his support for ISIS under new usernames. On August 24, 2015, the defendant stated online, “I am a terrorist.” On September 1, 2015, the defendant stated online, “If they aren’t implementing shariah [Islamic law] grab ur gun and implement shariah and see how fast the world turns against u.” That same day, the defendant also stated online, “Akhi [brother] if implementing sharia [Islamic law] is easy do it in ur neighborhood and defend it from kuffar [the infidels] and give bayah [an oath of allegiance] to IS.”
The government’s case is being handled by the Office’s National Security & Cybercrime Section. Assistant United States Attorneys Saritha Komatireddy, Margaret E. Lee and Alexander F. Mindlin are in charge of the prosecution, with assistance provided by Trial Attorneys Lolita Lukose and Jacqueline Barkett of the Justice Department’s Counterterrorism Section.
The Defendant:
ALI SALEH
Age: 25
Queens, New YorkE.D.N.Y. Docket No. 15-CR-517
Press Statement Regarding Samantha ElhassaniRead the Press Release
HAMMOND – Two U.S. citizens, charged with federal violations, have been transferred from the custody of the Syrian Democratic Forces (SDF) to U.S. law enforcement custody and arrived today in the Northern District Indiana.
One defendant, Ibraheem Izzy Musaibli, was transferred to face charges in the U.S. District Court in Detroit, Michigan.
The other defendant, Samantha Elhassani aka Samantha Sally (hereinafter Elhassani), has been charged in the Northern District of Indiana with making false statements to the FBI and will have her initial hearing at the Hammond Federal Courthouse at a later date. Elhassani was accompanied by her four minor U.S. citizen children. The children are currently in the care of Indiana Department of Child Services (DCS). Indiana DCS will make any necessary determinations regarding their custody, safety, and well-being.
The United States Attorney’s Office for the Northern District of Indiana has offered DCS any assistance that they may need from federal authorities
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Pennsylvania Cyber Charter School Founder Gets 20 Months in Prison for $8M Tax SchemeRead the Press Release
PITTSBURGH - The founder and former CEO of the Pennsylvania Cyber Charter School has been sentenced in federal court in Pittsburgh to 20 months in prison on a charge of tax conspiracy, United States Attorney Scott W. Brady announced today.
Nicholas Trombetta, 63, of East Liverpool, Ohio, was sentenced today by Chief United States District Judge Joy Flowers Conti.
"Protecting the public trust is a top priority of our Office," stated U.S. Attorney Brady. "School districts across the Commonwealth sent funds to the Pennsylvania Cyber Charter School to educate their students. Over $8 million of those funds were diverted by Trombetta to other companies he covertly controlled, including a portion which went to a company in his sister’s name to hide the fact that he was the ultimate recipient. In the course of the scheme, he defrauded the IRS of $437,632 by shifting his income to the tax returns of others. The sentence imposed today should serve as a reminder that violating the public trust has serious consequences for public officials."
"This money should have been going to educate our children," said Assistant Special Agent in Charge Chad Yarbrough. "Parents put their kids and their trust in this school and its leaders. Instead, Mr. Trombetta funded his own lavish lifestyle. The FBI and our law enforcement partners will always hold those accountable to abuse their positions for their own personal profit."
"Mr. Trombetta’s complex, fraudulent scheme to enrich himself and evade income taxes is unfair to every taxpayer who obeys the law and pays their fair share," said Guy Ficco, Special Agent in Charge of IRS Criminal Investigation for the Philadelphia Field Office. "The Special Agents of IRS CI will continue doing everything we can to hold individuals accountable to the same tax laws that they are subject to, ensuring that our tax system is fair to everyone."
"Mr. Trombetta not only abused his position of trust for personal gain, but did so at the expense of the very ones he promised to serve – school children. Now he will be held accountable for his actions," said Geoffrey Wood, Special Agent in Charge of the U.S. Department of Education Office of Inspector General Eastern Regional Office. "The OIG and our law enforcement partners will continue to aggressively pursue those who misappropriate education funds for their own purposes. America’s students and taxpayers deserve nothing less."
The court was advised that Trombetta was the founder and Chief Executive Officer of the PA Cyber Charter School. Trombetta created a series of connected for-profit and not-for-profit entities to siphon taxpayer funds out of PA Cyber and to avoid federal income tax liabilities. Trombetta funneled approximately $8,000,000 from PA Cyber through an entity then known as NNDS and finally to a company called Avanti Management Group, where Trombetta had free access to the funds.
At the sentencing proceeding, Judge Conti also imposed a three-year term of supervised release on Trombetta. She also ordered that he perform community service upon his release from prison.
Assistant United States Attorneys Robert S. Cessar, Stephen R. Kaufman and James R. Wilson are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Internal Revenue Service - Criminal Investigations and the U.S. Department of Education - Office of Inspector General conducted the investigation leading to the prosecution of Trombetta.
Pembroke Woman Pleads Guilty to Participating in Methamphetamine Trafficking ConspiracyRead the Press Release
CONCORD - Katie Jo Waters, 29, of Pembroke, pleaded guilty in federal court to participating in a methamphetamine trafficking conspiracy, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, between January 2018 and May 2018, Waters received multiple packages of methamphetamine mailed by persons in Las Vegas, Nevada. Over the same period, to pay for the drugs, Waters made 11 separate money transfers, totaling $18,700, to suppliers in Las Vegas. Postal Inspectors intercepted two of the mailed packages destined for the defendant’s address and seized a total of more than one pound of nearly pure methamphetamine. On April 11, 2018, a New Hampshire State Trooper stopped Waters and another individual in Canterbury, New Hampshire, and eventually seized more than 38 grams of methamphetamine and a Sig Sauer 9 mm. pistol from the car she was driving. Defendant Waters was arrested on federal charges on May 9, 2018.
Waters pleaded guilty to conspiracy to distribute, and possess with intent to distribute, methamphetamine. She is scheduled to be sentenced on October 31, 2018.
“Even as we struggle with the opioid crisis, methamphetamine poses an increasing threat to the citizens of New Hampshire,” said U.S. Attorney Murray. “This dangerous drug can cause damage to those who use it and it also creates substantial public safety concerns. I am grateful for the efforts of the law enforcement officers who worked together on this case to stop this defendant’s drug trafficking activities.”
“The U.S. Postal Inspection Service will continue to conduct investigations with our counterparts to combat drug trafficking and to send a clear message that the use of the U.S. Mail to facilitate drug trafficking will not be tolerated,” said Acting Inspector in Charge, Delany De Leon-Colon, U.S. Postal Inspection Service, Boston Division.
“DEA is committed to bringing to justice those that distribute methamphetamine,” said DEA Special Agent in Charge Brian D. Boyle. “DEA and its local, state and federal law enforcement partners will do everything in our power to keep this highly addictive drug off the streets of New Hampshire.”
This matter was investigated by the DEA, U.S. Postal Inspection Service, and the New Hampshire State Police. The case is being prosecuted by Assistant U.S. Attorneys John S. Davis and Shane B. Kelbley.
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
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Oronogo Man Sentenced to 12 Years for Child PornographyRead the Press Release
SPRINGFIELD, Mo. – An Oronogo, Mo., man was sentenced in federal court today for receiving and distributing child pornography.
Casey Robert Caudle, 35, was sentenced by U.S. District Judge M. Douglas Harpool to 12 years in federal prison without parole.
On Nov. 16, 2017, Caudle pleaded guilty to one count of receiving and distributing child pornography. Caudle admitted that he used the KIK application to trade child pornography.
According to court documents, Caudle was sending sexually explicit images of an 11-year-old victim, whom he falsely claimed to be his daughter that he was molesting. Caudle sent the images to an individual who reported it to law enforcement. Investigators found 49 images and 49 videos of child pornography on Caudle’s cell phone, including children as young as four or five years of age.
This case was prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the Southwest Missouri Cybercrimes Task Force.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
New York Man Pleads Guilty to Attempting to Provide Material Support to ISISRead the Press Release
Ali Saleh, 25, of Queens, New York, pleaded guilty today to two counts of attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.
The announcement was made by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Richard P. Donoghue for the Eastern District of New York, Assistant Director in Charge William F. Sweeney, Jr. of the FBI’s New York Field Office, and Commissioner James P. O’Neill of the NYPD. The plea was accepted by U.S. District Judge William F. Kuntz, II.
“Saleh was undeterred in his many attempts to travel to join ISIS, and although he failed in these efforts, he turned his attention to assisting others online to join ISIS’s murderous mission in Syria,” said Assistant Attorney General Demers. “I am grateful to our partners in federal law enforcement and the prosecutors who were able to apprehend and charge Saleh before he could do more damage or harm innocent Americans.”
“Ali Saleh attempted to travel to the Middle East to become an ISIS fighter, funded other foreign fighters, posted instructions to make explosive devices and transported explosive materials,” stated U.S. Attorney Donoghue. “The defendant’s persistent efforts to aid ISIS were defeated by the outstanding work of law enforcement officers who stopped him before he could do harm. This Office will continue to work closely with the FBI’s Joint Terrorism Task Force in New York to keep our city safe from terrorists and prevent extremists from travelling abroad to join foreign terrorist organizations.”
“Ali Saleh was persistent in his efforts to become a foreign fighter, but his persistence did not exceed the diligence of law enforcement,” stated FBI Assistant Director-in-Charge Sweeney. “The defendant went to great lengths to attempt to travel to the Middle East, while funding other foreign fighters in the process. As the FBI’s Joint Terrorism Task Force continuously strives to protect citizens from potential terrorist threats, today’s plea depicts one of the many efforts to achieve this goal.”
“New Yorkers continue to benefit from the NYPD’s robust counterterrorism capabilities and strong working relationships with our law enforcement partners on the Joint Terrorism Task Force,” stated NYPD Commissioner O’Neill. “Today’s guilty plea shows that in collaboration with the FBI and the Eastern District of New York, our skilled investigators and analysts will stop at nothing to further the critical mission of defending society from acts of terrorism wherever and however, they are being planned.”
According to court filings, Saleh was arrested after repeatedly attempting to travel to the Middle East to become a foreign fighter for ISIS. In 2013 and thereafter, Saleh became interested in the conflict in Syria, swore an oath of allegiance to ISIS and decided to travel to the Middle East in support of ISIS. On Aug. 25, 2014, Saleh stated online, “I’m ready to die for the Caliphate, prison is nothing.” On Aug. 28, 2014, Saleh stated online, “Lets be clear the Muslims in the khilafah [caliphate] need help, the one who is capable to go over and help the Muslims must go and help.” That same day, Saleh made an airline reservation to travel from New York to Turkey, a country bordering Syria. The defendant was ultimately prevented from traveling because his parents took away his passport.
Saleh then redirected his efforts to facilitating others’ support of ISIS. In October 2014, the defendant communicated with an ISIS supporter in Mali through an online messaging platform and sent a wire transfer in the amount of $500 to fund that person’s travel to Syria. Around the same time period, the defendant communicated with several other individuals in an effort to facilitate their support of ISIS, including known ISIS supporters in the United Kingdom and Australia.
In July 2015, the defendant purchased fireworks containing explosive powder, hid them in a concealed compartment in the trunk of his car, and drove from Indiana towards New York City. The fireworks contained approximately 1,196 grams of low explosive powder, consisting of both pyrotechnic material and black powder. Law enforcement agents located a cellphone belonging to Saleh during the time frame when he acquired the explosive powder and discovered on the phone an electronic pamphlet titled, “Muslim Gangs: The Future of Muslims in the West (Ebook 1: How to Survive in the West).” The pamphlet provided detailed instructions on how to create a bomb using explosive powder from fireworks. The pamphlet provided an example of a soda can grenade, and the instructions specifically stated that the soda can should be filled with “[e]xplosive powder (i.e. from Fireworks).” Saleh posted online the pamphlet’s image of a soda can hand grenade with instructions on how to build an improvised explosive device. Saleh’s car broke down on the way to New York City and was abandoned by the defendant.
Subsequently, on July 24, 2015, the defendant made a reservation to travel from New York to Egypt, a country bordering Libya, and went to JFK International Airport. The defendant was ultimately denied boarding. The defendant subsequently visited three additional international airports in Newark, Philadelphia and Indianapolis, but continued to encounter travel restrictions. The defendant attempted to circumvent the apparent restrictions on his air travel by planning to take a train from Cleveland to Canada, where he intended to fly out to the Middle East. After law enforcement intervention, however, the defendant did not board the train and instead returned to New York.
After his encounters with law enforcement, Saleh changed his online social media moniker and expressed his support for ISIS under new usernames. On Aug. 24, 2015, the defendant stated online, “I am a terrorist.” On Sept. 1, 2015, the defendant stated online, “If they aren’t implementing shariah [Islamic law] grab ur gun and implement shariah and see how fast the world turns against u.” That same day, the defendant also stated online, “Akhi [brother] if implementing sharia [Islamic law] is easy do it in ur neighborhood and defend it from kuffar [the infidels] and give bayah [an oath of allegiance] to IS.”
When sentenced, Saleh faces up to 35 years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Assistant United States Attorneys Saritha Komatireddy, Margaret E. Lee and Alexander F. Mindlin of the Eastern District of New York are in charge of the prosecution, with assistance provided by Trial Attorneys Lolita Lukose and Jacqueline Barkett of the National Security Division’s Counterterrorism Section.
Missouri Man Sentenced to Two Years for Hate CrimesRead the Press Release
Preston Q. Howard, 50, of Wright City, Missouri, was sentenced today by Chief United States District Court Judge J. Randal Hall to 24 months in prison for obstructing persons in the free exercise of religious beliefs, in violation of 18 U.S.C. 247(a)(2). The judge enhanced the sentence because Mr. Howard chose his victims based on their religion, thereby committing a hate crime. When imposing the sentence, Chief Judge Hall noted Howard’s “disturbing pattern of intolerance of many groups of people,” and the Court’s intent to afford a deterrent to similar criminal conduct by Howard and others who may believe and act as he did.
“Threats of violence based on religious beliefs have no place in our country,” said Acting Assistant Attorney General John Gore. “The Civil Rights Division will continue to work tirelessly to prosecute hate crime offenders.”
“Threats made against houses of worship are abhorrent and this Office will work tirelessly to ensure that members of all faiths may worship in peace and without intimidation,” said U.S. Attorney Bobby L. Christine. “The United States Attorney’s Office, in concert with our law enforcement partners, will work tirelessly to protect our houses of worship.”
“The FBI will not tolerate threats and intimidation against anyone because of their religion or their beliefs,” said Murang Pak, Acting Special Agent in Charge (A/SAC) of FBI Atlanta. “No one should feel they have the right to instill fear in our citizens and rob them of their sense of safety in their communities and particularly where they choose to practice their faith.”
According to information presented at Howard’s guilty plea and sentencing hearings, between June 22, 2017, and Aug. 8, 2017, Howard made numerous telephone calls to the Islamic Society of Augusta (ISA), during which he threatened to “kill,” “bomb,” “shoot,” “behead,” “slaughter,” “execute,” “light on fire,” and “murder” members of the mosque, to “hunt down” and “zone in” on Muslims, and to “blow up the mosque.” Howard admitted committing these acts and obstructing or attempting to obstruct the mosque members’ free exercise of their religious beliefs.
In response to Howard’s threats, the ISA upgraded their security system and hired off-duty officers to provide added security during services and community events. Howard was ordered to pay almost $30,000 in restitution to cover those costs.
The FBI Atlanta Field Division investigated the case. Assistant United States Attorney Nancy Greenwood prosecuted the case on behalf of the United States, in consultation with the Criminal Section of the Civil Rights Division. For any questions, please contact the United States Attorney’s Office at (912) 652-4422.
Missouri Man Sentenced to Two Years for Hate CrimesRead the Press Release
AUGUSTA, GA: Preston Q. Howard, 50, of Wright City, Missouri, was sentenced today by Chief United States District Court Judge J. Randal Hall, to 24 months in prison for obstructing persons in the free exercise of religious beliefs, in violation of 18 U.S.C. 247(a)(2). His sentence included an enhancement because he chose his victims based on their religion, thereby committing a hate crime. When imposing the sentence, Chief Judge Hall noted Howard’s “disturbing pattern of intolerance of many groups of people,” and the Court’s intent to afford a deterrent to similar criminal conduct by Howard and others who may believe and act as he did.
“Threats of violence based on religious beliefs have no place in our country,” said Acting Assistant Attorney General John Gore. “The Civil Rights Division will continue to work tirelessly to prosecute hate crime offenders.”
“Threats made against houses of worship are abhorrent and this Office will work tirelessly to ensure that members of all faiths may worship in peace and without intimidation,” said U.S. Attorney Bobby L. Christine. “The United States Attorney’s Office, in concert with our law enforcement partners, will work tirelessly to protect our houses of worship.”
According to information presented at Howard’s guilty-plea and sentencing hearings, between June 22, 2017 and Aug 8, 2017, Howard made numerous telephone calls to the Islamic Society of Augusta (ISA), during which he threatened to “kill,” “bomb,” “shoot,” “behead,” “slaughter,” “execute,” “light on fire,” and “murder” members of the mosque, to “hunt down” and “zone in” on Muslims, and to “blow up the mosque.” Howard admitted committing these acts and obstructing or attempting to obstruct the mosque members’ free exercise of their religious beliefs.
“The FBI will not tolerate threats and intimidation against anyone because of their religion or their beliefs,” said Murang Pak, Acting Special Agent in Charge of FBI Atlanta. “No one should feel they have the right to instill fear in our citizens and rob them of their sense of safety in their communities and particularly where they choose to practice their faith.”
In response to Howard’s threats, the ISA upgraded their security system, and hired off-duty officers to provide added security during services and community events. Howard was ordered to pay almost $30,000 in restitution to cover those costs.
The FBI Atlanta Field Division investigated the case. Assistant United States Attorney Nancy Greenwood prosecuted the case on behalf of the United States, in consultation with the Criminal Section of the Civil Rights Division. For any questions, please contact the United States Attorney’s Office at (912) 652-4422.