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Thursday 31 May 2018
Shreveport felon sentenced to 24 months in prison for possessing pistol found at residenceRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced that a Shreveport man previously convicted of a felony was sentenced Wednesday to two years in prison for possessing a pistol found in his residence.
Kenneth D. Mayweather, 21, of Shreveport, was sentenced by U.S. District Judge Elizabeth E. Foote on one count of possession of a firearm by a convicted felon. He was also sentenced to three years of supervised release. According to the February 7, 2018 guilty plea, the Caddo-Shreveport Narcotics Street Level Investigative Unit searched a Shreveport residence August 3, 2017 during a drug investigation. Three males were taken into custody during the search with two apprehended in the backyard after attempting to flee the residence. Also during the search, law enforcement agents found a Glock, model 23, .40 caliber pistol and 11 rounds of ammunition. Mayweather admitted to owning the firearm and that he was not allowed to have one as he has a prior felony conviction.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The ATF and Caddo-Shreveport Narcotics Unit conducted the investigation. Assistant U.S. Attorney Tiffany E. Fields prosecuted the case.
Serial Waterloo Area Burglar Sentenced to Prison for Illegally Possessing FirearmRead the Press Release
A convicted felon who stole a firearm during a burglary of a Waterloo truck and trailer repair shop was sentenced May 30, 2018 to more than four years in federal prison.
Patrick Ryan Lindquist, age 38, of Dunkerton, Iowa, received the prison term after a January 18, 2018 guilty plea to possession of a firearm by a felon.
At the guilty plea, Lindquist admitted he stole automotive tools during the November 2016 burglary and took the firearm he came across at the repair shop in order to “protect himself” during the burglary. Approximately two weeks later, the loaded, stolen firearm and an automotive scanner stolen during the burglary were recovered by law enforcement at Lindquist’s residence. Information presented at sentencing revealed that Lindquist was a serial burglar who also had served significant time in prison for possession of methamphetamine with intent to deliver.
Lindquist was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Lindquist was sentenced to 56 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Lindquist is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Lyndie M. Freeman and investigated by the Waterloo Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-2092.
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River Ridge Man Pleads Guilty to Stealing over $1,000,000 from EmployerRead the Press Release
U.S. Attorney Duane A. Evans announced that DON MANUEL ZEMO, JR., age 55, a resident of River Ridge, Louisiana, pleaded guilty yesterday before United States District Judge Ivan L.R. Lemelle after previously being charged with conspiracy to commit mail fraud, in violation of Title 18, United States Code, Section 371, for his role in stealing over $1,000,000 from his employer, a privately owned and operated company that provided portside services as a terminal operator and stevedore at the Port of New Orleans.
According to court documents, Company A hired ZEMO in 1999. Between 2003 and 2015, he served as the General Manager of Port Operations and earned in excess of $100,000 per year for his employment. As General Manager, ZEMO oversaw and managed Company A’s day-to-day operations at Company A’s terminal at the Port of New Orleans, including handling all financial documentation, personnel decisions, job scheduling, implementing of Company A’s policies at Company A’s Port of New Orleans terminal, and facilitating the billing of Company A’s customers.
In about August 2009, R.Z. formed U.S. Gulf Trade, Inc. (“USGT”). Although ZEMO was not explicitly affiliated with USGT, he was involved in its day-to-day operations. Between January 29, 2012, and July 7, 2015, ZEMO and R.Z. diverted approximately $1,033,639.54 over the course of eighty (80) transactions from Company A to themselves and USGT. ZEMO did so by representing to Company A’s customers that USGT, and not Company A, had provided certain services and material to the customer when, in fact, Company A’s equipment, employees, and material was used to provide the services and directing customers to transmit payments to USGT, not Company A, for the services rendered and material provided, without Company A’s knowledge or authorization. Among the fraudulent transactions ZEMO caused was one on May 22, 2015, in which ZEMO caused a shipping company to send a check via U.S. Mail to USGT in the amount $49,498.49, when such funds should have been made payable to, and actually transmitted to, Company A.
ZEMO faces a maximum term of imprisonment of five years, a fine of up to $250,000.00, three years supervised release after imprisonment, and a mandatory $100 special assessment. Sentencing before Judge Lemelle has been scheduled for August 29, 2018.
U.S. Attorney Evans praised the work of the Internal Revenue Service – Criminal Investigations. Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.
Rhode Island Man Pleads Guilty to Federal Cyberstalking ChargesRead the Press Release
PROVIDENCE, RI – A North Smithfield, R.I., man admitted in federal court today to cyberstalking and threatening to harm or kill his former girlfriend and her parents.
Appearing in U.S. District Court in Providence, Howard S. Bishop, 38, pleaded guilty to a two-count information charging him with transmitting in interstate commerce communications containing threats to injure another person, and with harass or intimidate another person, using an interactive computer service or electronic communication service, that placed a person in reasonable fear of death or serious bodily injury and caused substantial emotional distress.
Bishop was arrested by FBI agents in Rhode Island in January 2018, approximately four months after moving from Texas to Rhode Island, where his family resides.
Bishop’s guilty plea before U.S. District Court Chief Judge William E. Smith is announced by United States Attorney Stephen G. Dambruch and Harold H. Shaw, Special Agent in Charge of the FBI Boston Division.
According to court records, in February 2011, a former girlfriend of Bishop obtained a protective order against him in Travis County, TX. In January 2012, Bishop was found guilty of violating the order and received a sentence of two years’ probation. In December 2017, a misdemeanor warrant was issued in Travis County for the arrest of Bishop for again violating the protective order.
According to court documents, beginning in November 2016, and continuing until his arrest in Rhode Island, Bishop sent hundreds of harassing and threatening messages via the Internet to a former girlfriend and her family in Texas. All of the individuals expressed extreme fear for their safety. Prior to Bishop’s arrest, the former girlfriend was in hiding with the assistance of the FBI. The woman’s family hired armed security guards to protect their home.
Bishop, who has been detained since his arrest on January 24, 2018, is scheduled to be sentenced on September 21, 2018.
Transmitting in interstate commerce communications containing threats to injure another person, and with harass or intimidate another person using an interactive computer service or electronic communication service, that placed a person in reasonable fear of death or serious bodily injury and caused substantial emotional distress are each punishable by up to 5 years in federal prison, a fine of $250,000 and 3 years supervised release.
The case is being prosecuted by Assistant U.S. Attorney Lee H. Vilker.
The matter was investigated by the FBI.
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Republic Woman Sentenced to 21 Years for Leading Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – A Republic, Mo., woman has been sentenced in federal court for leading a conspiracy to distribute large quantities of methamphetamine in southwest Missouri.
Kenna Harmon, 39, of Republic, was sentenced by U.S. District Judge M. Douglas Harpool on Tuesday, May 29, 2018, to 21 years and six months in federal prison without parole.
On March 17, 2016, Harmon pleaded guilty to being a leader, along with her husband, Daniel Harmon, in the drug-trafficking conspiracy as well as a money-laundering conspiracy and to being a felon in possession of a firearm.
In total, the Harmon drug-trafficking organization was responsible for the distribution of over 45 kilograms of methamphetamine from June 1, 2013, through Nov. 29, 2014. The Harmons obtained pound amounts of methamphetamine from sources in Kansas City and St. Louis, Mo., and in Oklahoma for distribution in the Springfield area.
Beginning in 2012, the Drug Enforcement Administration, assisted by other agencies, investigated one of the largest methamphetamine distribution rings in southwest Missouri. The investigation resulted in the indictment of 29 co-defendants.
In December 2013, Daniel Harmon was stopped by law enforcement officers outside of St. Louis. During a search of his vehicle, officers discovered approximately four pounds of methamphetamine, $60,000 and a handgun. Daniel Harmon was indicted in the Eastern District of Missouri and pleaded guilty to possessing methamphetamine with the intent to distribute and to being a felon in possession of a firearm.
After Daniel Harmon’s arrest and incarceration, Kenna Harmon continued to lead the drug-trafficking organization in its distribution of methamphetamine. Kenna Harmon directed the organization to purchase large amounts of methamphetamine from various sources of supply and provided distributive amounts of methamphetamine to co-defendants. Kenna Harmon, in order to distribute the large amount of methamphetamine that she was responsible for selling, stored methamphetamine in several residences in Greene and Polk Counties, and directed several individuals to assist in maintaining those residences.
On Nov. 27, 2014, Kenna Harmon was stopped in her blue BMW 545i while traveling in Springfield. During a search of Kenna Harmon’s vehicle, officers discovered a small amount of methamphetamine, $4,604 and marijuana, all of which was found on either her person or within the vehicle. A search warrant was executed at her residence the same day, where agents found approximately $20,000, approximately 5 ½ pounds of methamphetamine and a loaded Jennings .22-caliber pistol (in a nightstand in her bedroom).
Under the terms of her plea agreement, Kenna Harmon must forfeit to the government the house she was building in Halfway, Mo. Kenna Harmon paid approximately $324,185 in cash for the construction of the residence, which was from drug-trafficking proceeds. The proceeds were paid in installments to a local building contractor that Kenna Harmon hired. She told the contractor that she had inherited the cash, which was not true. She used the property to promote her continued sale of methamphetamine by storing methamphetamine at the residence. Harmon must also forfeit a firearm, five vehicles used by the conspiracy to distribute methamphetamine, jewelry purchased with drug proceeds and approximately $61,000.
Harmon is among 19 co-defendants who have been sentenced in this case. The remaining 10 defendants have pleaded guilty and await sentencing.
This case is being prosecuted by Assistant U.S. Attorneys Randall D. Eggert, Nhan D. Nguyen and Cynthia J. Hyde. It was investigated by the Drug Enforcement Administration, IRS-Criminal Investigation, the Missouri State Highway Patrol, the Springfield, Mo., Police Department and Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
Repeat Yakima Drug Dealer Sentenced to Life ImprisonmentRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Johnny Andres Asuncion, III, age 39, of Yakima, Washington, was sentenced today after having been convicted after a three-day jury trial in November, 2017, of Possession with Intent to Distribute 50 Grams or more of actual Methamphetamine. Senior United States District Judge Edward F. Shea sentenced Asuncion to a life term of imprisonment.
According to information disclosed during court proceedings, in early 2017 while looking for Asuncion at a house in Selah, Washington, officers with the Pacific Northwest Violent Offender Task Force observed him carrying a black case to a vehicle and drive away. At the time, Asuncion was the subject of an outstanding warrant for violations of court supervision stemming from a 2006 drug conviction. After seeing Asuncion drive away, officers initiated a traffic stop and arrested him. Shortly thereafter, a certified narcotics detection canine alerted on Asuncion’s vehicle and officers applied for and obtained a warrant to search Asuncion’s vehicle for illegal drugs. During their search, officers found the black case they had observed Asuncion carrying before he was arrested. The black case contained approximately one kilogram of methamphetamine, Asuncion’s driver’s license, bank debit card, and other personal items.
During the sentencing hearing, Judge Shea observed that Asuncion had four prior felony drug convictions which qualified him for a mandatory term of life imprisonment and the sentence imposed was appropriate in this case. Asuncion’s criminal history includes prior prosecutions by the United States Attorney’s Office for being a previously convicted felon in possession of a firearm in 2001 and again in 2004, for distribution of methamphetamine in 2006, and for a misdemeanor possession of methamphetamine in 2015.
U. S. Attorney Harrington said, “The Court’s sentence will protect the community, punish Asuncion, and deter others who might consider committing similar crimes in the Eastern District of Washington. I commend the law enforcement officers who investigated this case. Their seamless partnership resulted in the successful outcome of this matter. The United States Attorney’s Office for the Eastern District of Washington is, and will continue to be, committed to prosecuting aggressively and seeking appropriate punishment for offenders who distribute drugs in this District.”
The investigation was conducted by Yakima Police Department; Yakima County Sheriff’s Office; Law Enforcement Against Drugs Task Force; Pacific Northwest Violent Offender Task Force, and the Drug Enforcement Administration. The case was prosecuted by Benjamin D. Seal, an Assistant United States Attorney for the Eastern District of Washington.
Repeat Waterloo Drug Dealer Sentenced to 11 Years in Federal PrisonRead the Press Release
A Waterloo man who possessed two loaded guns and marijuana he planned to sell was sentenced May 30, 2018, to 11 years in federal prison.
Demetrius Marcellus Green, age 25, from Waterloo, Iowa, received the prison term after a January 31, 2018, guilty plea to possessing a controlled substance with intent to distribute it after being convicted of a prior drug felony and possession of firearms during and in relation to a drug trafficking crime.
In a plea agreement, Green admitted that he carried two guns, a Ruger, Model Super Black Hawk, .44 caliber revolver and a Ruger, Model SR9, 9mm pistol, while he possessed marijuana with the intent to distribute it. On September 3, 2017, law enforcement officers located Green after a call regarding an argument with a female. Green had two guns, both loaded and one with a large capacity magazine, several baggies of marijuana, a digital scale, and $650 cash in his possession at the time of his arrest.
Green was previously convicted of possession of marijuana with intent to distribute and possession of marijuana with intent to distribute 2nd offense in state court. Green was still on parole at the time of his arrest in this case. Green’s criminal history also includes convictions for assault causing bodily injury and disorderly conduct, fighting or violent behavior.
Green was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Green was sentenced to 132 months’ imprisonment. He must also serve a 4-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Green is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by the Waterloo Police Department and the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-cr-02083.
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Possession of Firearms and Methamphetamine Leads to More Than 22 Years in PrisonRead the Press Release
A man who was found lying in a field in the possession of a loaded handgun and over 500 grams of ice methamphetamine was sentenced today to more than 22 years in federal prison.
Troy Postel-Vargason, age 36, from Independence, Iowa, received the prison term after a November 27, 2017, guilty plea to four separate drug and gun related crimes. Specifically, Postel-Vargason pled guilty to possession of methamphetamine with intent to distribute, possession of a firearm in furtherance of a drug trafficking felony, and two separate counts of being a felon in possession of a firearm.
According to a criminal complaint filed in the case, Postel-Vargason was found by police officers in February 2017, lying in a field near his home in Independence and holding a bag that contained the methamphetamine. A loaded 9mm handgun was found on the ground. The serial number on the handgun was obliterated but was later restored by the Iowa Division of Criminal Investigation (DCI) laboratory. The gun had been reported stolen. At the guilty plea, Postel-Vargason admitted he intended to distribute the ice methamphetamine and that he possessed multiple firearms, including the loaded 9mm handgun. He also admitted that, in August 2017, he possessed a Ruger 9mm pistol in the Southern District of Iowa. Postel-Vargason agreed to transfer that case to the Northern District of Iowa, in Cedar Rapids, so that he could be sentenced on all four charges at the same time.
Postel-Vargason was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Postel-Vargason was sentenced to 270 months’ imprisonment and must serve a 10-year term of supervised release after the prison term. There is no parole in the federal system.
Postel-Vargason is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Justin Lightfoot and investigated by the Independence Police Department, the Tri-County Drug Task Force, the Iowa Division of Narcotics Enforcement, and a Federal Task Force composed of the Waterloo Police Department, Federal Bureau of Investigation (FBI), and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department.
The Southern District of Iowa case was investigated by the Iowa State Patrol, the FBI, and the LeClaire Police Department.
Court file information is at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 17-MJ-127 (criminal complaint); 17-CR-2023 (Northern District of Iowa case); and 17-CR-2086 (Southern District of Iowa case).
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Pickens Man Involved in Theft of Guns from Firearms Dealer and Illegal Sale of Firearms Sentenced to 10 Years in Federal Prison for Illegally Possessing FirearmRead the Press Release
Jackson, Miss. – Estelle Cook, Jr., 28, of Pickens, was sentenced yesterday by U.S. District Judge Carlton W. Reeves to 10 years in federal prison, followed by 3 years of supervised release, for being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Cook was also ordered to pay nearly $16,000 in restitution to the gun store victim in this case.
Around 2:30 a.m. on July 28, 2014, Estelle Cook and co-defendant Corey Hughes tore a hole in the side of Central Mississippi Firearms, a gun store in Kosciusko, Mississippi, and stole 41 guns. Cook, Hughes, and others sold at least a dozen of the stolen firearms in Durant and Lexington, Mississippi. Cook led the sale of at least ten of the stolen guns to seven different buyers at a home in Durant. He sold those guns for cash, pocketing $100 per gun.
On October 3, 2017, a federal grand jury indicted Estelle Cook, Corey Hughes, Darnell Branch, and Frederick Russell for their unlawful conspiracy to possess and sell stolen firearms. All four defendants pled guilty.
At Cook’s sentencing hearing yesterday, Judge Reeves imposed the maximum sentence allowed under the law – 10 years in prison. He also ordered Cook to reimburse the gun store victim for its nearly $16,000 in losses.
Co-defendant Frederick Russell is scheduled to be sentenced on June 5, 2018. He faces a maximum penalty of 5 years in prison and a $250,000 fine. Co-defendants Corey Hughes and Darnell Branch are scheduled to be sentenced on June 11, 2018. Hughes faces maximum penalty of 10 years in prison and a $250,000 fine. Branch faces a maximum penalty of 5 years in prison and a $250,000 fine.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Jackson Police Department.
Pharmacy Owners Agree to Pay $3.2 Million to Resolve False Claims CaseRead the Press Release
PHILADELPHIA – The owners of I&L Express Pharmacy in Philadelphia have agreed to pay millions to resolve a False Claims Act case against them, U.S. Attorney William M. McSwain announced today.
Irina Minkovich and Yelena Babchinetskya have agreed to pay $3.2 million to the federal government to resolve allegations that they violated the False Claims Act by billing Medicare for prescription medications that were not actually dispensed during the period January 1, 2009, through December 31, 2015.
These medications included such drugs as Lidoderm, Advair Diskus, Nexium, Plavix, Solaraze, Zeita, Ranexa, Celebrex, Spiriva Handihaler, Nasonex, Lovaza, Singulair, Prevacid, Valsartan, Aricept, and Lidocaine. I&L Express Pharmacy, Irina Minkovich, who is also I&L Express’ pharmacist, and Yelena Babchinetskya also agreed with the Department of Health and Human Services, Office of the Inspector General to enter into an integrity agreement. The integrity agreement requires them to undertake substantial compliance obligations and to contract with an Independent Review Organization that will conduct quarterly third-party audits of their Medicare and Medicaid claims and drug inventory.
“Pharmacies and pharmacists have a responsibility to serve as gatekeepers of a closed system of prescription drug distribution. That responsibility was abused for profit here,” said U.S. Attorney McSwain. “Taxpayer dollars should be spent on needed medications, not wasted on fraud and abuse.”
“Pharmacies are an integral partner in patient care, and they are expected to act with integrity,” said Maureen Dixon, Special Agent in Charge of the Philadelphia Regional Office of the Department of Health and Human Services, Office of the Inspector General. “We take allegations of pharmacy fraud seriously, as evidenced by today’s $3.2 million settlement, and we will continue to work with our partners to ensure taxpayer dollars are spent in an appropriate manner.”
The settled civil claims are allegations only. There has been no determination of civil liability.
This case was investigated by the U.S. Department of Health and Human Services Office of the Inspector General. It was handled by Civil Chief Gregory B. David and Auditor George Niedzwicki.
Northeast Ohio Man Pleads Guilty to Buying Gun for Convicted Felon who Killed Westerville Police OfficersRead the Press Release
COLUMBUS, Ohio – Gerald A. Lawson III, 31, of Warrensville Heights, Ohio, has pleaded guilty in U.S. District Court to acting as a straw purchaser for Quentin L. Smith, a convicted felon who shot and killed two Westerville Police Officers on February 10, 2018.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Trevor Velinor, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced the plea entered into today before Chief U.S. District Judge Edmund A. Sargus, Jr.
According to court documents, when Westerville Police Officers Anthony Morelli and Eric Joering responded to a domestic disturbance call on Cross Wind Drive in Westerville on February 10, Smith was armed with a Glock semi-automatic handgun.
As a convicted felon, Smith is prohibited from purchasing or possessing a firearm.
Smith provided Lawson, a longtime friend, money for the firearm and an extra $100 to compensate Lawson – who knew Smith had been convicted of a felony burglary offense and domestic violence – for buying the gun for him.
On May 18, 2017, Lawson purchased the Glock handgun at Stonewall Gun Shop and Pistol Range in Broadview Heights, Ohio. When purchasing the handgun, he lied on an ATF Firearms Transaction Record Form and said he was not acquiring it on behalf of another person.
Aiding and abetting the possession of a firearm by a prohibited person is a federal crime punishable by up to 10 years in prison.
U.S. Attorney Glassman commended the investigation of this case by ATF, and Assistant United States Attorney Noah R. Litton, who is prosecuting the case.
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North Side Woman Sentenced to 2 Years in Federal Prison for Conspiring to Distribute Prescription Painkillers and Health Care FraudRead the Press Release
PITTSBURGH, Pa. – A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 25 months’ imprisonment followed by four years supervised release on her convictions for conspiring to commit health care fraud and conspiring to distribute oxycodone, United States Attorney Scott W. Brady announced today.
United States District Judge Mark R. Hornak imposed the sentence on Teresa Bernardi, 56.
According to information presented to the court, Bernardi participated in a criminal network of drug dealers that obtained opiate painkillers and then illegally distributed them to users in the Pittsburgh area. Bernardi acted as a broker to arrange for co-conspirators to sell prescription opiates they obtained using prescriptions through health care providers to William Richardson, the primary dealer in the conspiracy. The conspirators paid for the prescriptions through taxpayer funded health care insurance.
Assistant United States Attorney Brendan T. Conway prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Organized Crime Drug Enforcement Task Force (OCDETF) investigation led by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Pennsylvania Office of the Attorney General, the Pittsburgh Bureau of Police, and the Allegheny County Police Department, for the investigation leading to the successful prosecution of Bernardi.
Newton Man Charged with Illegally Possessing Firearms and AmmunitionRead the Press Release
BOSTON – A Newton man was indicted today by a federal grand jury in Boston with illegally possessing firearms and ammunition.
Juan Francisco David, 45, was indicted on one count of being a felon in possession of firearms and ammunition. David was arrested in April 2018 and charged by criminal complaint. He was released from custody on conditions.
According to court documents, law enforcement officers were investigating the theft of five firearms from a sports club in Weymouth. Upon reviewing security camera footage, the officers were able to identify the individual, Joseph Fee, who had taken all five guns on two separate visits to the club. Fee was located and law enforcement learned that the guns had been given to two other individuals. Law enforcement recovered four of the five stolen firearms from one of the individuals.
The fifth gun, a Smith & Wesson, .38 caliber revolver, had been given to a man known as “Frankie.” When law enforcement contacted “Frankie,” he said he had sold the gun for $200 and would have to contact the person to whom he sold it. Arrangements were made for “Frankie” to return the weapon, but he never showed up. The following day, “Frankie” left the firearm in a McDonald’s bag in a parking lot.
Further investigation revealed that Fee had purchased approximately 10 firearms on behalf of “Frankie,” who was later identified as Juan Francisco David. Fee was arrested and charged in state court with larceny of firearms.
A search of David’s home resulted in the seizure of a 9mm Smith & Wesson pistol, two firearm magazines, one loaded with eight rounds of 9mm ammunition, a Smith & Wesson .380 caliber pistol, loaded with five rounds of ammunition, and other rounds of ammunition of various makes and calibers. In total, 26 pieces of ammunition were seized.
David has multiple felony convictions, including assault with a dangerous weapon and malicious destruction of property, carrying a dangerous weapon, breaking and entering in the nighttime with intent to commit a felony, drug distribution and assault and battery with a dangerous weapon; as a result, he is prohibited from owning firearms and ammunition.
The charge of being a felon in possession of firearms and ammunition provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New England Field Division; and Newton Police Chief David MacDonald made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
New York Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
BOSTON – A New York man was sentenced today in federal court in Boston for failure to register as a sex offender.
Anthony Seward, 55, of Rochester, N.Y., was sentenced by U.S. District Court Judge Denise J. Casper to time served (approximately 16 months) and five years of supervised release. On May 21, 2018, Seward pleaded guilty to one count of failure to register as a sex offender.
On May 6, 1996, Seward was convicted in Suffolk Superior Court of assault with intent to commit rape. As a result of his conviction, Seward must register as a sex offender for his lifetime in any state in which he lives or works. Seward last registered as a sex offender in Massachusetts in 2015.
In December 2016, investigators learned that Seward had moved from Massachusetts to New York earlier in the year and was living in Rochester. Further investigation revealed that Seward had not registered as a sex offender in New York as required under the Sex Offender Registration and Notification Act.
United States Attorney Andrew E. Lelling and U.S. Marshal John Gibbons for the District of Massachusetts, made the announcement today. Assistant U.S. Attorney Kelly Begg Lawrence of Lelling’s Criminal Division prosecuted the case.
New York Doctor Sentenced to Four Years in Prison for Taking Bribes in Test-Referral Scheme with New Jersey Clinical LabRead the Press Release
NEWARK, N.J. – A doctor practicing in Staten Island, New York, was sentenced today to 48 months in prison for accepting bribes in exchange for test referrals as part of a long-running and elaborate scheme operated by Biodiagnostic Laboratory Services LLC (BLS), of Parsippany, New Jersey, its president and numerous associates, U.S. Attorney Craig Carpenito announced.
Thomas V. Savino, 59, of Staten Island, was found guilty at trial in October 2017 on all 10 counts of an indictment charging him with one count of conspiring to commit violations of the Anti-Kickback Statute, the Federal Travel Act and wire fraud; three substantive violations of the Anti-Kickback Statute; three substantive violations of the Federal Travel Act; and three substantive violations of wire fraud.
Savino was convicted following a six-day trial before U.S. District Judge Stanley R. Chesler, who imposed the sentence today in Newark federal court.
According to documents filed in this case and the evidence at trial:From July 2012 through April 2013, Savino received cash bribes totaling at least $25,000 from BLS employees and associates in return for referring his patients’ blood specimens to BLS. Savino’s referrals generated approximately $375,000 in lab business for BLS.
The investigation has resulted in 53 convictions – 38 of them doctors – in connection with the bribery scheme, which its organizers have admitted involved millions of dollars in bribes and resulted in more than $100 million in payments to BLS from Medicare and various private insurance companies. It is believed to be the largest number of medical professionals ever prosecuted in a bribery case. The investigation has recovered more than $15 million through forfeiture. On June 28, 2016, BLS, which is no longer operational, pleaded guilty and was required to forfeit all of its assets.
In addition to the prison terms, Judge Chesler sentenced Savino to three years of supervised release, fined him $100,000 and ordered forfeiture of $27,500.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark; inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Judy Ramos; IRS–Criminal Investigation, under the direction of Acting Special Agent in Charge Bryant Jackson in Newark; and the U.S. Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Scott J. Lampert, with the investigation leading to today’s sentencing.
The government is represented by Senior Litigation Counsel Joseph N. Minish; Assistant U.S. Attorney Erica Liu, Chief of the Opioids Unit; Assistant U.S. Attorney Danielle Alfonzo Walsman, Co-Chief of the Public Protection Unit; Jacob T. Elberg, Chief of the U.S. Attorney’s Office Health Care and Government Fraud Unit; and Senior Litigation Counsel Barbara Ward of the office’s Asset Recovery and Money Laundering Unit.
Defense counsel: Eric R. Breslin Esq., Newark, and Melissa S. Geller Esq., New York
New Mexico Man Sentenced for Civil Disorder During the Dakota Access Pipeline (DAPL) Project ProtestRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that on May 30, 2018, Chief United States District Judge Daniel L. Hovland sentenced Michael Arthur Giron, a/k/a Little Feather, age 45, of New Mexico, on charges of Civil Disorder during the DAPL protest in October 2016. Judge Hovland sentenced Giron to serve 3 years in federal prison, to be followed by 3 years of supervised release, and was further ordered to pay a $100 special assessment.
On October 27, 2016, law enforcement officials began an effort to remove individuals protesting the DAPL project at a location where protesters had erected an illegal roadblock on Highway 1806, south of Mandan, ND, and who were criminally trespassing on private property. Law enforcement gave advisements over a loudspeaker system asking people to voluntarily leave the roadway and to travel back to the protest camps. Some individuals at this location ignored the orders of law enforcement, and placed barricades on the roadway and set them on fire. Several clashes broke out between law enforcement and the protesters. One of the clashes occurred at a makeshift barricade built by the protesters that blocked Highway 1806. Michael Giron aided the civil disorder by adding materials to the barricade across Highway 1806 and was observed pouring what appeared to be Coleman camping fuel on a fire in the area of straw bales. This was done in an effort to obstruct and impede law enforcement’s movement.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE); North Dakota Highway Patrol; North Dakota Bureau of Criminal Investigations (BCI); North Dakota State and Local Intelligence Center (NDSLIC); and the Morton County Sheriff’s Office.
This case was prosecuted by Assistant U.S. Attorney David Hagler.
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New Mexico Man Indicted for Possessing Firearms in Shasta CountyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a one-count indictment today against Derek Carl Toledo, 30, of Shiprock, New Mexico. The indictment charges him with being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, on March 8, 2018, law enforcement officers responded to reports that there was at least one car stopped on the shoulder of Interstate 5 near the exit for Sweetbrier Avenue in Shasta County. One of the people near the stopped car was Toledo, who has a prior felony conviction for arson and is prohibited from possessing a firearm. After investigating the scene, officers found a DPMS A-15 .223-caliber rifle, all components for a Bushmaster BA50 .50-caliber rifle, and three loaded 30-round magazines in Toledo's car.
U.S. Attorney Scott stated, “The Department of Justice has made it a priority for federal prosecutors to work in partnership with local law enforcement to reduce violence in our communities. The prosecution of firearms offenses is one way that we can make our neighborhoods safer. The U.S. Attorney’s Office is committed to working with our partners throughout the Eastern District of California to accomplish this goal.”
Shasta County District Attorney Stephanie A. Bridgett stated: “My office is committed to working with the U.S. Attorney’s Office to identify local offenders suitable for federal prosecution in order to help reduce violent crime in our community. We share the U.S. Attorney’s goal to protect the citizens of Shasta County.”
This case is the product of investigation by the Federal Bureau of Investigation, the United States Forest Service, the California Highway Patrol, and the Shasta County District Attorney’s Office. Assistant U.S. Attorney Amanda Beck is prosecuting the case.
If convicted, Toledo faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Multiple Individuals Indicted Federally in Major Drug Trafficking OperationRead the Press Release
Jackson, Miss. - Eleven individuals are facing federal drug charges in multiple indictments unsealed on Wednesday targeting a large, multi-state drug trafficking operation in East Central Mississippi, announced U.S. Attorney Mike Hurst, Special Agent in Charge Jere T. Miles of Homeland Security Investigations, Assistant Special Agent in Charge Derryle Smith with the Drug Enforcement Administration, and John M. Dowdy, Jr., Director of the Mississippi Bureau of Narcotics.
The indictments unsealed yesterday resulted from an extensive Organized Crime Drug Enforcement Task Force ("OCDETF") investigation dubbed "Operation Highlife," which targeted illegal narcotics distribution in East Central Mississippi. This drug network involved the distribution of over 40 kilograms of methamphetamine, over 3 kilograms of cocaine and over 100 pounds of marijuana. The distribution network encompassed multiple states, including Texas, California, Tennessee, Alabama, Georgia and Mississippi.
The following individuals have been indicted as a result of Operation Highlife:
Brandon Deshanta Miller, 32, of Dallas, Texas, is charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine, possession with intent to distribute fifty grams or more of methamphetamine, and being a felon in possession of a firearm. If convicted, Miller faces a maximum penalty of life in prison and up to a $30.25 million fine.
Shandlette Hudson, 42, of Philadelphia, Mississippi, is charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine and possession with intent to distribute fifty grams or more of methamphetamine. If convicted, Hudson faces a maximum penalty of life in prison and up to a $20 million fine.
Dijon James Seales, a/k/a "DJ," 28, of Philadelphia, Mississippi, is charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine, possession with intent to distribute fifty grams or more of methamphetamine, possession with intent to distribute five grams or more of methamphetamine, being a felon in possession of a firearm, and possession of a firearm in furtherance of a drug trafficking crime. If convicted, Seales faces a maximum penalty of life in prison and up to a $25.5 million fine.
Lorenzo Dyrell Hickman, 32, of Philadelphia, Mississippi, is charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine, conspiracy to possess with intent to distribute five hundred grams or more of cocaine, and possession with intent to distribute more than five hundred grams or more of cocaine. If convicted, Hickman faces a maximum penalty of life in prison and up to a $20 million fine.
Latrice Cherrrell Boler, 29, of Philadelphia, Mississippi, is charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine. If convicted, Boler faces a maximum penalty of life in prison and up to a $10 million fine.
Chaddis Demond McAfee, 36, of Philadelphia, Mississippi, is charged with possession with intent to distribute more than five hundred grams of methamphetamine, being a felon in possession of a firearm, and possession of a firearm in furtherance of a drug trafficking crime. If convicted, McAfee faces a maximum penalty of life in prison and up to a $10.5 million fine.
Courtny Orlando Campbell, 27, of Philadelphia, Mississippi, is charged with possession with intent to distribute fifty grams or more of methamphetamine. If convicted, Campbell faces a maximum penalty of life in prison and up to a $10 million fine.
Danny L. Drake, 43, of Philadelphia, Mississippi, is charged with possession with intent to distribute five grams or more of methamphetamine. If convicted, Drake faces a maximum penalty of 40 years in prison and up to a $5 million fine.
Kevin Ashley Wells, a/k/a "Big 50," 37, of Philadelphia, Mississippi, is charged with possession with intent to distribute five grams or more of methamphetamine. If convicted, Wells faces a maximum penalty of 40 years in prison and up to a $5 million fine.
Jimmie Terrell Harrison, 43, of Forest, Mississippi, is charged with being a felon in possession of a firearm. If convicted, Harrison faces a maximum penalty of 10 years in prison and up to a $250,000.00 fine.
Tray Beamon, 32, of Louisville, Mississippi, charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine and possession with intent to distribute fifty grams or more of methamphetamine. If convicted, Beamon faces a maximum penalty of life in prison and up to a $20 million fine.
"Illegal drugs are killing our youth, destroying families, and fueling violent crime across our state and our country. I commend our federal, state and local law enforcement officers for coming together to take down this criminal element plaguing our communities. Yesterday’s arrests are a result of the commitment and tenacity that our law enforcement brethren have to dismantling criminal organizations wherever they may be found. Because of this work, our streets, neighborhoods and citizens in East Central Mississippi are safer today," said U.S. Attorney Mike Hurst.
"Methamphetamine has devastated countless communities due to the dramatic health and public safety consequences that typically accompany its introduction into an area," said Special Agent in Charge Jere T. Miles of Homeland Security Investigations in New Orleans. "Today’s arrests mark the culmination of an extensive joint effort by HSI, the Mississippi Bureau of Narcotics, and the Drug Enforcement Administration to dismantle a drug trafficking organization that decimated parts of Mississippi and Alabama with methamphetamine smuggled into the U.S. from Mexico. This operation is a testament to the seamless partnership between federal, state and local law enforcement, which HSI sincerely appreciates in the combined effort to improve the lives of law-abiding residents throughout Mississippi and Alabama." Miles oversees a five-state area of operations to include Mississippi, Alabama, Arkansas, Louisiana and Tennessee.
"The arrests announced today are another great example of the cooperative efforts between MBN and our federal law enforcement partners to rid our communities of the parasites that try to latch on to our children and family members with the peddling of their poison," said MBN Director John Dowdy. "As a result of these arrests, Mississippi is a safer place to live, work and raise a family."
Philadelphia Police Chief Grant Myers stated: "I am really pleased with multiple agencies coming together to work an investigation of this size. This criminal organization is responsible for a significant portion of the illegal narcotics coming into not only Philadelphia but East Central Mississippi as well. Almost all of the crimes we deal with, from assaults to thefts, and everything in between, can be traced back to illegal narcotics. Taking down an organization of this size will have a significant impact on crime in our area."
The OCDETF operation is a result of a joint investigation by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Drug Enforcement Administration and the Mississippi Bureau of Narcotics. Assisting agencies include the Philadelphia Police Department, Neshoba County Sheriff’s Department, Neshoba County District Attorney’s Office, Scott County Sheriff’s Office, Flowood Police Department, Rankin County Sheriff’s Department, Hinds County Sheriff’s Department, Carthage Police Department, Union Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, Louisville Police Department, Mississippi Highway Patrol, United States Attorney=s Office Southern District of Mississippi and the United States Marshal Service. Assistant U.S. Attorney Erin Chalk is prosecuting the case.
The OCDETF program is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
Arraignments are scheduled for tomorrow, June 1, 2018, before United States Magistrate Judge F. Keith Ball at 9:00 a.m. and before United States Magistrate Judge Linda R. Anderson at 9:30 a.m.
A criminal indictment is a formal charge against a defendant. Under the law, that charge is merely an accusation and the defendant is presumed innocent until proven guilty in a court of law.
Multiple Individuals Indicted Federally in Major Drug Trafficking OperationRead the Press Release
Jackson, Miss. - Eleven individuals are facing federal drug charges in multiple indictments unsealed on Wednesday targeting a large, multi-state drug trafficking operation in East Central Mississippi, announced U.S. Attorney Mike Hurst, Special Agent in Charge Jere T. Miles of Homeland Security Investigations, Assistant Special Agent in Charge Derryle Smith with the Drug Enforcement Administration, and John M. Dowdy, Jr., Director of the Mississippi Bureau of Narcotics.
The indictments unsealed yesterday resulted from an extensive Organized Crime Drug Enforcement Task Force (“OCDETF”) investigation dubbed AOperation Highlife,@ which targeted illegal narcotics distribution in East Central Mississippi. This drug network involved the distribution of over 40 kilograms of methamphetamine, over 3 kilograms of cocaine and over 100 pounds of marijuana. The distribution network encompassed multiple states, including Texas, California, Tennessee, Alabama, Georgia and Mississippi.
The following individuals have been indicted as a result of Operation Highlife:
Brandon Deshanta Miller, 32, of Dallas, Texas, is charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine, possession with intent to distribute fifty grams or more of methamphetamine, and being a felon in possession of a firearm. If convicted, Miller faces a maximum penalty of life in prison and up to a $30.25 million fine.
Shandlette Hudson, 42, of Philadelphia, Mississippi, is charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine and possession with intent to distribute fifty grams or more of methamphetamine. If convicted, Hudson faces a maximum penalty of life in prison and up to a $20 million fine.
Dijon James Seales, a/k/a “DJ,” 28, of Philadelphia, Mississippi, is charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine, possession with intent to distribute fifty grams or more of methamphetamine, possession with intent to distribute five grams or more of methamphetamine, being a felon in possession of a firearm, and possession of a firearm in furtherance of a drug trafficking crime. If convicted, Seales faces a maximum penalty of life in prison and up to a $25.5 million fine.
Lorenzo Dyrell Hickman, 32, of Philadelphia, Mississippi, is charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine, conspiracy to possess with intent to distribute five hundred grams or more of cocaine, and possession with intent to distribute more than five hundred grams or more of cocaine. If convicted, Hickman faces a maximum penalty of life in prison and up to a $20 million fine.
Latrice Cherrrell Boler, 29, of Philadelphia, Mississippi, is charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine. If convicted, Boler faces a maximum penalty of life in prison and up to a $10 million fine.
Chaddis Demond McAfee, 36, of Philadelphia, Mississippi, is charged with possession with intent to distribute more than five hundred grams of methamphetamine, being a felon in possession of a firearm, and possession of a firearm in furtherance of a drug trafficking crime. If convicted, McAfee faces a maximum penalty of life in prison and up to a $10.5 million fine.
Courtny Orlando Campbell, 27, of Philadelphia, Mississippi, is charged with possession with intent to distribute fifty grams or more of methamphetamine. If convicted, Campbell faces a maximum penalty of life in prison and up to a $10 million fine.
Danny L. Drake, 43, of Philadelphia, Mississippi, is charged with possession with intent to distribute five grams or more of methamphetamine. If convicted, Drake faces a maximum penalty of 40 years in prison and up to a $5 million fine.
Kevin Ashley Wells, a/k/a “Big 50,” 37, of Philadelphia, Mississippi, is charged with possession with intent to distribute five grams or more of methamphetamine. If convicted, Wells faces a maximum penalty of 40 years in prison and up to a $5 million fine.
Jimmie Terrell Harrison, 43, of Forest, Mississippi, is charged with being a felon in possession of a firearm. If convicted, Harrison faces a maximum penalty of 10 years in prison and up to a $250,000.00 fine.
Tray Beamon, 32, of Louisville, Mississippi, charged with conspiracy to possess with intent to distribute fifty grams or more of methamphetamine and possession with intent to distribute fifty grams or more of methamphetamine. If convicted, Beamon faces a maximum penalty of life in prison and up to a $20 million fine.
“Illegal drugs are killing our youth, destroying families, and fueling violent crime across our state and our country. I commend our federal, state and local law enforcement officers for coming together to take down this criminal element plaguing our communities. Yesterday’s arrests are a result of the commitment and tenacity that our law enforcement brethren have to dismantling criminal organizations wherever they may be found. Because of this work, our streets, neighborhoods and citizens in East Central Mississippi are safer today,” said U.S. Attorney Mike Hurst.
"Methamphetamine has devastated countless communities due to the dramatic health and public safety consequences that typically accompany its introduction into an area," said Special Agent in Charge Jere T. Miles of Homeland Security Investigations in New Orleans. "Today’s arrests mark the culmination of an extensive joint effort by HSI, the Mississippi Bureau of Narcotics, and the Drug Enforcement Administration to dismantle a drug trafficking organization that decimated parts of Mississippi and Alabama with methamphetamine smuggled into the U.S. from Mexico. This operation is a testament to the seamless partnership between federal, state and local law enforcement, which HSI sincerely appreciates in the combined effort to improve the lives of law-abiding residents throughout Mississippi and Alabama." Miles oversees a five-state area of operations to include Mississippi, Alabama, Arkansas, Louisiana and Tennessee.
"The arrests announced today are another great example of the cooperative efforts between MBN and our federal law enforcement partners to rid our communities of the parasites that try to latch on to our children and family members with the peddling of their poison," said MBN Director John Dowdy. "As a result of these arrests, Mississippi is a safer place to live, work and raise a family."
Philadelphia Police Chief Grant Myers stated: "I am really pleased with multiple agencies coming together to work an investigation of this size. This criminal organization is responsible for a significant portion of the illegal narcotics coming into not only Philadelphia but East Central Mississippi as well. Almost all of the crimes we deal with, from assaults to thefts, and everything in between, can be traced back to illegal narcotics. Taking down an organization of this size will have a significant impact on crime in our area."
The OCDETF operation is a result of a joint investigation by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Drug Enforcement Administration and the Mississippi Bureau of Narcotics. Assisting agencies include the Philadelphia Police Department, Neshoba County Sheriff’s Department, Neshoba County District Attorney’s Office, Scott County Sheriff’s Office, Flowood Police Department, Rankin County Sheriff’s Department, Hinds County Sheriff’s Department, Carthage Police Department, Union Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, Louisville Police Department, Mississippi Highway Patrol, United States Attorney=s Office Southern District of Mississippi and the United States Marshal Service. Assistant U.S. Attorney Erin Chalk is prosecuting the case.
The OCDETF program is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
Arraignments are scheduled for tomorrow, June 1, 2018, before United States Magistrate Judge F. Keith Ball at 9:00 a.m. and before United States Magistrate Judge Linda R. Anderson at 9:30 a.m.
A criminal indictment is a formal charge against a defendant. Under the law, that charge is merely an accusation and the defendant is presumed innocent until proven guilty in a court of law.
Middle Tennessee Podiatrist Sentenced to Federal Prison for Health Care Fraud SchemeRead the Press Release
Dr. John J. Cauthon, 51, of Murfreesboro, Tennessee, was sentenced yesterday in U.S. District Court to two years in prison for healthcare fraud, announced Don Cochran, U.S. Attorney for the Middle District of Tennessee. Cauthon was indicted in October 2015 on seven counts of healthcare fraud and was found guilty on four counts, after a jury trial in September 2017.
In sentencing Cauthon, Chief U.S. District Judge Waverly D. Crenshaw, Jr., noted that Cauthon had accepted no responsibility for his actions and showed no remorse. Chief Judge Crenshaw found that Cauthon caused an intended loss of $218,000, and ordered restitution of approximately $83,252.63.
Cauthon is a podiatrist in Murfreesboro who contracted to provide podiatric services to residents of nursing homes located throughout Tennessee.
According to court documents, between May 2014 and August 2015, Cauthon engaged in a scheme to defraud Medicare, TennCare, and BlueCross BlueShield of Tennessee, by submitting $200,000 in fraudulent claims for a surgical procedure for nail avulsions, which he did not perform.
At trial, numerous witnesses from nursing homes across the state of Tennessee testified that Cauthon never performed the avulsion procedures that he claimed he performed; including in some instances, claiming that he had performed more than 30 avulsions in a single day. Nursing home residents also testified that Cauthon simply clipped their toenails. Former employees also testified that Cauthon directed them to bill Medicare for services that were medically unnecessary and directed them to fit bed-ridden patients in nursing homes with ankle braces, which served no medical purpose.
This case was investigated by the Tennessee Bureau of Investigation; the U.S. Department of Health and Human Services - Office of Inspector General; and the United States Attorney’s Office for the Middle District of Tennessee. Assistant U.S. Attorneys Henry Leventis and Ryan Raybould prosecuted the case.
Mexican Man Sentenced to Prison for Illegally Returning to the United States Following Prior DeportationRead the Press Release
A Mexican man who illegally returned to the United States was sentenced today to eight months in federal prison.
Savino Ortiz-Camarillo, Jr., age 36, a citizen of Mexico illegally present in the United States and residing in Decorah, Iowa, received the prison term after a January 18, 2018, guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Ortiz-Camarillo admitted he had previously been deported from the United States on June 4, 2008, and January 30, 2009, and that he illegally reentered the United States without the permission of the United States government. On November 28, 2017, Ortiz-Camarillo was found by immigration officers following an arrest in Fayette County on traffic violations.
Ortiz-Camarillo was previously convicted in Allamakee County, Iowa, of making a false report to police in December 2003; in Iowa County, Wisconsin, of hit and run involving injury in December 2007; in the United States District Court for the Northern District of Iowa of using of false employment documents in May 2008; and in the United States District Court for the Southern District of Texas of illegal entry into the United States in January 2009.
Ortiz-Camarillo was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Ortiz-Camarillo was sentenced to eight months’ imprisonment. He must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system.
Ortiz-Camarillo is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 17-CR-2090-LTS.
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Manchester Man Pleads Guilty to Illegally Possessing FirearmsRead the Press Release
CONCORD - Daniel Sullivan, 35, of Manchester, pleaded guilty in federal court to illegally possessing firearms, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, in 2015 and 2016, Sullivan purchased and traded several firearms in New Hampshire with the help of his partner, Sara Johnson. At the time of these transactions, Sullivan was a convicted felon who could not legally possess firearms. In several instances, Sullivan contacted private individuals who had posted firearms for sale online, then utilized Johnson – who was not a convicted felon – to assist in the purchase of the firearms. Once these firearms transactions came to the attention of law enforcement, federal agents obtained a search warrant for Sullivan and Johnson’s residence, which resulted in the seizure of a .40 caliber pistol with an obliterated serial number.
Sullivan is scheduled to be sentenced on September 12, 2018.
Johnson pleaded guilty to firearms charges on February 15, 2018. She is scheduled to be sentenced on June 27, 2018.
“Violent crime threatens the safety of our citizens and the fabric of our communities,” said U.S. Attorney Murray. “Protecting the residents of the Granite State from violence and gun-related crimes is one of the highest priorities of the U.S. Attorney’s Office. Through the Project Safe Neighborhoods Initiative, we work with our law enforcement partners each day to keep guns out of the hands of criminals and reduce the risk of violence.”
“Firearms trafficking continues to be a top priority for ATF and our law enforcement partners and we are committed to identifying and disrupting the sources of illegal firearms which jeopardize the safety of our communities,” said Special Agent in Charge Mickey Leadingham of Bureau of Alcohol, Tobacco, Firearms and Explosives.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case is being prosecuted by Assistant U.S. Attorney Shane Kelbley.
The case is part of ATF’s Project Safe Neighborhoods initiative, a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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Man Charged with Defrauding Fulton BankRead the Press Release
PHILADELPHIA – An indictment was unsealed May 29 charging Thomas Harris, 60, with one count of bank fraud, announced United States Attorney William M. McSwain.
The indictment alleges that from September to October of 2016, Harris defrauded Fulton Bank in Harrisburg, Pennsylvania, by opening a bank account, depositing fraudulent checks, and withdrawing funds from the account.
If convicted the defendant faces a maximum possible sentence of 30 years’ imprisonment.
The case was investigated by the Postal Inspection Service and is being prosecuted by Assistant United States Attorney Laurie Magid.
Man Charged with Interference with Flight Crew Members and AttendantsRead the Press Release
United States Attorney Trent Shores announced today that Bolutife Olusegun Olorunda, 29, a resident of Vancouver, Washington, was charged by complaint in the United States District Court with Interference With Flight Crew Members and Attendants.
“It is the mission of the United States Attorney’s Office to enforce the laws of the United States. This includes federal laws prohibiting interference with flight crew members and attendants. We will seek to hold accountable anyone who threatens the safety of flight staff and passengers. My office will continue to work with our law enforcement partners to promote security of air travel,” stated U.S. Attorney Shores.
The complaint alleges that on May 30, 2018, Mr. Olorunda boarded Delta Airlines flight 1156 in Portland, Oregon, bound for Atlanta, Georgia. During the flight, Mr. Olorunda’s alleged behavior was erratic and disruptive. He allegedly ignored direction from a flight attendant, and the Captain determined it was necessary to divert to the Tulsa International Airport. Two Federal Air Marshals aboard the aircraft followed protocol to address the situation. When the aircraft landed, the Tulsa International Airport Police removed and detained Mr. Olorunda.
Mr. Olorunda will be arraigned today at 3:30 p.m. by United States Magistrate Judge Paul J. Cleary.
The complaint is the result of an investigation by the Federal Bureau of Investigation, the Transportation Security Administration, Homeland Security Investigations, and Tulsa International Airport authorities. Assistant United States Attorney Robert T. Raley is prosecuting the case.
A complaint is a method of informing a defendant of an alleged federal crime, which must later be indicted by a grand jury, then proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Long-Time Gambino Crime Family Member Pleads Guilty to Racketeering ConspiracyRead the Press Release
Earlier today, in federal court in Central Islip, New York, John Ambrosio, also known as “Johnny Boy,” a member of the Gambino organized crime family of La Cosa Nostra, pleaded guilty to racketeering conspiracy, admitting his involvement in acts of loansharking and illegal gambling.
Ambrosio, an acting captain in the Gambino family, is the last defendant to plead guilty in a superseding indictment that charged him and six members and associates of the Gambino family and a member of the Bonanno organized crime family of La Cosa Nostra. Co-conspirators Frank Salerno, also known as “Frankie Boy,” a soldier in the Bonanno family, as well as Thomas Anzalone, Alessandro Damelio, also known as “Sandro,” Joseph Durso, Anthony Rodolico and Anthony Saladino, associates of the Gambino family, have previously entered pleas of guilty to racketeering conspiracy. Today’s proceeding was held before United States Magistrate Judge Gary R. Brown.
Richard P. Donoghue, United States Attorney for the Eastern District of New York; William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Division; Angel M. Melendez, Special Agent-in-Charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations, New York; Geraldine Hart, Commissioner, Suffolk County Police Department; and James P. O’Neill, Commissioner, New York City Police Department, announced the guilty pleas.
As detailed in the superseding indictment and other court filings, between January 2014 and December 2017, Ambrosio and his co-conspirators engaged in a racketeering conspiracy, which included predicate crimes of loansharking, operating illegal gambling businesses, narcotics distribution conspiracy and obstruction of justice conspiracy. At his guilty plea, Ambrosio admitted to participating in the affairs of the Gambino family by collecting an extortionate loan from one victim, and supervising a gambling business involving poker games, electronic gaming machines and sports betting. As part of his plea agreement with the government, Ambrosio will forfeit $100,000, including $66,116 in cash that was seized from his home in Huntington, New York, at the time of his arrest.
When Ambrosio and his co-conspirators were arrested on December 12, 2017, law enforcement agents executed numerous search warrants at various locations, including a storage facility in Nassau County, and recovered gambling and loan sharking records, electronic gaming machines, narcotics and narcotics paraphernalia, and numerous firearms, including an AR-15, a .38 caliber revolver and a sawed-off shotgun. Law enforcement agents also recovered letters addressed to Ambrosio from Bonanno family boss Michael “The Nose” Mancuso and former Gambino family boss John Gotti.
When sentenced, Ambrosio, Anzalone, Damelio, Durso and Rodolico each face a maximum sentence of 20 years’ imprisonment. Saladino and Salerno each face a mandatory minimum of five years’ imprisonment and up to 40 years’ imprisonment for cocaine distribution conspiracy offenses.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorney Artie McConnell is in charge of the prosecution.
Defendant Who Pleaded Guilty Today:
JOHN AMBROSIO (also known as “Johnny Boy”)
Age: 74
Huntington, New YorkDefendants Who Have Previously Pleaded Guilty:
THOMAS ANZALONE
Age: 44
Queens, New YorkALESSANDRO DAMELIO (also known as “Sandro”)
Age: 49
Queens, New YorkJOSEPH DURSO
Age: 26
Glen Cove, New YorkANTHONY RODOLICO
Age: 46
Huntington, New YorkANTHONY SALADINO
Age: 67
Glen Cove, New YorkFRANK SALERNO (also known as “Frankie Boy”)
Age: 43
Queens, New YorkE.D.N.Y. Docket No. 17-CR-522 (S-1)(SJF)
Lexington Man Pleads to Federal Firearm ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Brandon Shane Kolesar, age 39, of Lexington, plead guilty in federal court to being a felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2), and 924(e). Senior United States District Judge Cameron McGowan Currie, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the United States Probation Office.
Evidence presented in court established that on the evening of March 29, 2018, deputies with the Lexington County Sheriff’s Department responded to a call about someone breaking into cars. Upon arriving at the scene, witnesses said they observed a man, later identified as Kolesar, attempting to get into a vehicle. When confronted by the men, Kolesar threatened them with a handgun. Deputies searched the area and found Kolesar on a porch of a residence. As deputies approached, Kolesar ran and a .380 caliber handgun fell from his waistband. Deputies recovered the firearm and later apprehended Kolesar through the use of a K-9. A search incident to arrest also revealed approximately 25 grams of marijuana on Kolesar’s person. Kolesar was arrested on state charges and thereafter, a federal arrest warrant and complaint was issued.
Kolesar is prohibited under federal law from possessing firearms and ammunition based upon his prior state convictions. Kolesar has prior state convictions for burglary 2nd degree and ill treatment of animals, where he shot and killed a homeowner’s dog during a burglary (2006), pointing and presenting a firearm (2014), and assault and battery 2nd degree (2014). At the time of the current offense, Kolesar was on state probation, stemming from a September 2017 state conviction for unlawful carrying of a firearm.
Kolesar faces a maximum of 10 years imprisonment, a fine of $250,000, and 3 years of supervised release.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Lexington County Sheriff’s Department and was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.
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Latham Man Sentenced for Possessing a Short-Barreled RifleRead the Press Release
ALBANY, NEW YORK – Joseph T. Clemente, Jr., age 34, of Latham, New York, was sentenced today to time served (6 days in jail) and 3 years of supervised release for illegally possessing a short-barreled rifle.
The announcement was made by United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York Field Division.
As part of his January 31, 2018 guilty plea, Clemente admitted that he intentionally removed the upper receiver of a rifle that he had purchased at a gun store, and replaced it with an upper receiver he purchased on the Internet, which he knew included a 9-inch barrel. The resulting firearm he illegally possessed was a rifle with a barrel of less than 16 inches, also known as a short-barreled rifle.
This case was investigated by ATF and prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Last of Nine Defendants in Conspiracy Trafficking Fentanyl, Heroin, Cocaine Sentenced to 16 Years in PrisonRead the Press Release
BIRMINGHAM – A federal judge on Wednesday imposed a 16-year prison sentence on the last of nine defendants in a Birmingham-based conspiracy to distribute multiple kilograms of fentanyl, heroin and cocaine in Jefferson County in 2015 and 2016, announced U.S. Attorney Jay E. Town and Drug Enforcement Administration Assistant Special Agent in Charge Bret Hamilton.
U.S. District Judge L. Scott Coogler sentenced JOSE AGUSTIN GUTIERREZ, 32, of Phoenix, Ariz., on the conspiracy count, one count of possession with intent to distribute five kilograms or more of cocaine, and one count of using a telephone to commit a drug-trafficking crime. Gutierrez pled guilty to the charges last year.
Throughout the investigation, agents seized 8.8 kilograms of cocaine that Gutierrez intended to deliver from Arizona, and 4.662 kilograms of pure fentanyl delivered from Mexico.
“This defendant organized and delivered major quantities of heroin, methamphetamine and cocaine into the Northern District of Alabama from Arizona, and now he will spend the next 16 years behind bars,” Town said. “Thanks to the work of the DEA and other law enforcement partners, this is one drug conspiracy we have shut down, closing that pipeline of deadly drugs into Alabama and sending nine drug traffickers to prison.”
“With this sentencing, DEA and its federal, state and local law enforcement partners have taken down an organization responsible for distributing large quantities of fentanyl, heroin and cocaine in the state of Alabama,” Hamilton said. “By removing this criminal from the street, he can no longer threaten the health and safety of our communities. We will continue to work together to target criminal organizations to ensure that drug traffickers are held responsible for the harm they cause."
In April, Judge Coogler sentenced the leader of the conspiracy, ANTHONY LEVY WARD, 37, of Chelsea, to 20 years and 10 months in prison. Ward had pled guilty to multiple counts of conspiracy to distribute or possess with intent to distribute at least a thousand grams of heroin or at least five kilograms of cocaine and two counts of attempted possession with intent to distribute fentanyl. He also pled guilty and was sentenced on multiple counts of using a telephone to commit a drug trafficking crime, one count of carrying a firearm in furtherance of drug trafficking, and being a convicted felon in possession of a firearm.
The amount of fentanyl trafficked in the conspiracy was about 7.1 kilograms, or more than 350,000 doses of the drug.
Besides Ward and Gutierrez, other defendants convicted in the conspiracy are: Anthony Levy Alexander, 58, and Betty Levy Alexander, 51, Ward’s father and aunt, Ferlando Carmise Mims, 20, Onandas Carmece Beard, 20, and Corey Darnelle Haynes, 38, all of Birmingham, and Jesus Ubaldo Montoya, 24, and Marahai Ardizo Enriquez, 26, both of Phoenix. The sentences for those defendants range from about two to 15 years.
The DEA investigated the case in conjunction with the Birmingham and Hoover police departments and the U.S. Marshals Service. The U.S. Attorney’s Office for the Northern District of Alabama prosecuted the case.
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Kosciusko Man Sentenced to 10 Months in Prison for Possessing Stolen GunRead the Press Release
Jackson, Miss. – Jermaine Griffin, 31, of Kosciusko, was sentenced today by Senior United States District Judge Tom S. Lee to 10 months in federal prison, followed by 3 years of supervised release, for illegally possessing a stolen gun, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Griffin bought a .40 caliber Smith & Wesson pistol off the street—even though he suspected the gun was stolen—because the gun was new and only cost $100. Griffin later learned that the man who sold him the gun had recently burglarized Central Mississippi Firearms, a gun store in Kosciusko, Mississippi. Griffin then sold the stolen pistol in Durant, Mississippi.
On October 3, 2017, a federal grand jury indicted Griffin. The grand jury also indicted the men who burglarized the gun store and who helped sell the stolen guns in Durant, Pickens, and Lexington. Those men are Estelle Cook, Jr., Corey Hughes, Darnell Branch, and Frederick Russell. All of the defendants have pled guilty.
At Griffin’s sentencing hearing today, Judge Lee imposed a 10-month sentence. Estelle Cook, Jr. was sentenced to 10 years in prison yesterday. The other defendants will be sentenced in June.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Jackson Police Department. It was prosecuted by the United States Attorney’s Office in Jackson, Mississippi.
Judge Sentences Pittsburgh Man to 5 Years in Prison for Supplying the Heroin that Resulted in Man’s Death in Oakland Hotel RoomRead the Press Release
PITTSBURGH, Pa. – Edward Skrine was sentenced to 60 months in prison for conspiring to distribute heroin in January 2015, United States Attorney Scott W. Brady announced today.
Skrine, age 61 of Pittsburgh, was sentenced by United States District Judge Mark R. Hornak. Judge Hornak also ordered Skrine to serve three years of supervised release following his release from prison. As part of Skrine’s conviction and sentence, he accepted responsibility for causing the overdose death of a customer in January 2015 and agreed to pay restitution to the customer’s family for expenses related to the death.
The information presented to the Court in support of the conviction and sentence revealed that, during the evening of January 25, 2015, P.W., age 47, suffered a fatal drug overdose in a hotel room in the Oakland section of Pittsburgh. He died from heroin he and his friend purchased earlier that day. Detectives with the Pittsburgh Bureau of Police, in conjunction with members of the Drug Enforcement Administration, promptly investigated who was responsible for supplying the heroin that killed P.W. The investigation led to an undercover purchase of heroin from Anthony McCullough two days later. McCullough and Skrine, who was McCullough’s direct supplier, were arrested at that time and were subsequently indicted and convicted in federal court in Pittsburgh.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
The Pittsburgh Bureau of Police, the Drug Enforcement Administration, the Allegheny County Sheriff’s Office, and the Allegheny County Medical Examiner’s Office conducted the investigation leading to the conviction and sentence in this case.
Japanese Auto Parts Company Pleads Guilty to Antitrust Conspiracy Involving Steel TubesRead the Press Release
WASHINGTON – Maruyasu Industries Co. Ltd., an automotive parts manufacturer headquartered in the Aichi Prefecture in Japan, pleaded guilty and was sentenced to pay a $12 million criminal fine for its role in a criminal conspiracy to fix prices, rig bids, and allocate customers for automotive steel tubes incorporated into vehicles sold in the United States and elsewhere, the Department of Justice announced today.
Automotive steel tubes are used in fuel distribution, braking and other automotive systems and are sometimes divided into two categories – chassis tubes and engine parts. Chassis tubes, such as brake and fuel tubes, tend to be located in the body of a vehicle while engine parts, such as fuel injection rails, oil level tubes and oil strainer tubes, are associated with the function of a vehicle’s engine.
Maruyasu pleaded guilty to a charge contained in an Indictment returned by a grand jury on June 15, 2016, in the U.S. District Court for the Southern District of Ohio. According to the plea agreement, Maruyasu participated in a conspiracy to suppress and eliminate competition by agreeing to fix prices, allocate customers, and rig bids for automotive steel tubes sold to automobile manufacturers in Japan and incorporated into vehicles sold in the United States, in violation of the Sherman Act.
The Indictment also charged Maruyasu’s wholly-owned U.S. subsidiary, Curtis-Maruyasu America Inc., and sales executives Tadao Hirade, Kazunori Kobayashi, Satoru Murai, and Yoshihiro Shigematsu. Concurrent with the Court’s imposition of the sentence against Maruyasu, the United States moved to dismiss the Indictment as to Curtis-Maruyasu America Inc., Hirade, Kobayashi, and Shigematsu. The sales executives will be required to cooperate with the government in any future prosecutions related to the charged conspiracy.
“The Antitrust Division’s prosecution of widespread collusion in the auto parts industry has yielded more than $2.9 billion in fines and convictions of 46 corporations and 32 executives,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “The Division and its law enforcement partners will continue to protect American consumers and the free markets by aggressively prosecuting antitrust crimes.”
“Bid rigging, price fixing and other schemes hurt consumers and undermine our economic system,” said Special Agent in Charge Amy S. Hess of the FBI’s Louisville Field Office. “We will continue our work with the Department of Justice Antitrust Division to uncover schemes aimed at creating an unfair competitive advantage.”
“This plea represents another victory for U.S. consumers and we greatly appreciate the opportunity to partner with the FBI and Department of Justice Antitrust Division in this endeavor,” said Special Agent in Charge Duane Townsend of the Department of Commerce Office of Inspector General.
Today’s plea is the result of an investigation conducted by the Antitrust Division’s Chicago Office, the Department of Commerce Office of Inspector General’s Denver Field Office, and the FBI’s Louisville Field Office, Covington Resident Agency, with assistance from the FBI headquarters’ International Corruption Unit and the U.S. Attorney’s Office for the Southern District of Ohio.
Anyone with information on market allocation, price fixing, bid rigging, and other anticompetitive conduct should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258, visit www.justice.gov/atr/contact/newcase.html or call the FBI’s Louisville Field Office at 502-263-6000.
Jacksonville Woman Sentenced to Seven Years in Prison After Smuggling Mexican Woman to United States and Treating Her as A Domestic Slave and Uncompensated Pregnancy SurrogateRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan today sentenced Esthela Clark (49, Jacksonville) to seven years in federal prison for forced labor. She faces deportation to Mexico upon completion of her sentence. The United States previously forfeited Clark’s 2003 Chevrolet Avalanche, which was used to facilitate the offense. Clark pleaded guilty on March 27, 2017.
According to evidence presented at the sentencing hearing, in late 2012, Clark traveled to Mexico, where she met her victim. She told the woman that she was searching for someone to serve as a pregnancy surrogate, and that the process would be medically supervised. The victim, a citizen of Mexico, agreed to serve as a surrogate for Clark in exchange for a payment of several thousand dollars once a baby was delivered.
Clark arranged for so-called “coyotes” to smuggle the victim across the border from Mexico into the United States; the victim ultimately arrived in Jacksonville in December 2012. Almost immediately, Clark began attempting to inseminate the victim using syringes containing her boyfriend’s sperm that she had retrieved from used condoms. This procedure was undertaken three to four times a day, on Clark’s dining room floor, when Clark believed her victim was fertile.
When, after several months, the victim did not become pregnant, Clark began forcing her to have unprotected sex with strangers. She also forced her victim to engage in domestic labor through physical and psychological abuse. On one occasion, after Clark believed that the victim had used too much bleach while cleaning, Clark forced the victim to sleep in a puddle of bleach on the floor.
She also isolated the victim from her family and limited her to a diet consisting exclusively of beans, resulting in a 65-pound weight loss.
“The victim in this case was rescued from unthinkable circumstances,” said HSI Tampa Special Agent in Charge James C. Spero. “Now, the perpetrator will be held accountable, thanks to a concerned citizen, HSI special agents, the Jacksonville Sheriff’s Office and U.S. Border Patrol.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations with assistance from the Jacksonville Sheriff’s Office and U.S. Border Patrol. It is being prosecuted by Assistant United States Attorney Laura Cofer Taylor.
Investment Bank Vice President Arrested in Insider Trading SchemeRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced the arrest of WOOJAE JUNG, a/k/a “Steve Jung,” and unsealing of a criminal complaint charging JUNG with conspiracy and securities fraud in connection with an insider trading scheme. The defendant is expected to be presented this afternoon in the U.S. District Court for the Northern District of California.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged, Woojae Jung violated his duty to his company and traded on stolen insider information, over and over again. This Office remains committed to enforcing the nation’s securities laws to protect the fairness and integrity of the markets.”
FBI Assistant Director William F. Sweeney Jr. said: “Financial crimes, especially those that involve the exploitation of material nonpublic information of clients who have placed their trust in investment institutions, have a negative impact on the economy and individuals alike. We will continue to investigate those who engage in these illegal acts to help prevent future fraudulent activity in the financial markets.”
According to the allegations in the Complaint filed today in Manhattan federal court:[1]
WOOJAE JUNG, a/k/a “Steve Jung,” worked at an investment bank (the “Investment Bank”) that provided, among other services, financing and consulting to clients in connection with mergers, acquisitions, and corporate restructurings. The Investment Bank has offices around the world, including in New York, New York, and San Francisco, California. In his role as a vice president at the Investment Bank, JUNG has access to, among other materials, electronic files maintained on the Investment Fund’s computer servers, including files containing material nonpublic information (“MNPI”) relating to various clients.
JUNG used his position at the Investment Bank to obtain MNPI about a number of the Investment Bank’s clients and then, in multiple instances, JUNG and a co-conspirator (“CC-1”) used that MNPI to cause profitable securities trades. In an effort to conceal this illicit trading, JUNG and CC-1 conducted these illegal trades through a brokerage account held in the name of CC-1, who resides in South Korea. In contravention of his employer’s rules about outside investment accounts, JUNG accessed, used, and traded in that brokerage account repeatedly between in or about 2015 and in or about 2017, including on hundreds of occasions when the account was accessed through IP addresses subscribed in JUNG’s name.
Over the course of the scheme JUNG and CC-1 traded in securities of at least 10 companies based on MNPI and made more than approximately $130,000.
* * *
JUNG, 37, of San Francisco, California, is charged with one count of conspiracy to commit securities fraud and six counts of securities fraud. The securities fraud counts each carry a maximum penalty of 20 years in prison. The conspiracy to commit securities fraud count carries a maximum penalty of five years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the outstanding work of the FBI, and thanked the Securities Exchange Commission, which has filed civil charges in a separate action.
The prosecution of this case is being overseen by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorney Andrew Thomas is in charge of the case.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Inland Empire Man Who Admitted Selling Fentanyl Analogue that Resulted in Overdose Death Sentenced to 26 Years in Federal PrisonRead the Press Release
LOS ANGELES – A Riverside man who sold a powerful synthetic opioid very similar to fentanyl to a friend – who then suffered a fatal overdose from the drug – was sentenced today to 312 months in federal prison.
Adam Scott Caward, 33, received the 26-year sentence from United States District Judge John A. Kronstadt after admitting that he sold and possessed acetyl fentanyl.
Caward pleaded guilty on November 30 to distribution of acetyl fentanyl resulting in death, and possession with the intent to distribute acetyl fentanyl.
The federal investigation into Caward began in June 2017, when U.S. Customs and Border Protection intercepted a package sent to Caward from China. The shipment contained a compound known as 4-FIBF, which is another analogue of fentanyl – meaning that the narcotic is chemically similar to fentanyl and designed to cause an effect similar to the powerful synthetic opioid.
A subsequent investigation by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Drug Enforcement Administration, in cooperation with the Riverside Police Department, led to the discovery of controlled substances at Caward’s Riverside home in July. The investigation linked Caward to other fentanyl analogues and synthetic opioids that he possessed nine months earlier at his then-residence in Chino Hills.
According to court documents, Caward exchanged a series of text messages with a friend on November 7 and 8, 2016, which culminated in Caward selling his friend a purple powder containing acetyl fentanyl. Within hours of purchasing the narcotic from Caward, the friend died of acute acetyl fentanyl intoxication.
On November 16, 2016, the Riverside Police Department executed a state court search warrant on Caward’s Chino Hills residence, where they found a number of controlled substances, including fentanyl analogues. Among the drugs that Caward possessed was approximately 19.5 grams of the same purple powder containing acetyl fentanyl that was sold to the friend.
One week prior to his death, the friend had purchased acetyl fentanyl from Caward and suffered an overdose while driving, which resulted in a serious car accident that injured the friend and several people in another vehicle, according to prosecutors.
The investigation determined that Caward continued to use the dark web to contact Chinese suppliers and order more fentanyl analogues after the death of his friend.
During today’s sentencing hearing, prosecutors noted that the 2016 overdose death was not the first fatality linked to narcotics sold by Caward. In August 2015, Caward sold a fentanyl analogue to another man, who died of a drug overdose, prosecutors argued.
“Caward had no regard for human life and his conduct caused misery and death,” said United States Attorney Nick Hanna. “Synthetic opioids, such as fentanyl from China, are extremely dangerous and this sentence should send a message to drug dealers that we will seek to hold them responsible for the deaths caused by their criminal behavior.”
Because the narcotics involved in the distribution offense resulted in death, Caward faced a mandatory minimum sentence of 20 years in federal prison.
This case is being prosecuted by Assistant United States Attorney Khaldoun Shobaki of the Cyber and Intellectual Property Crimes Section.
Indiana Man Pleads Guilty to Counterfeiting at Dayton Dragon's GameRead the Press Release
DAYTON – Kenneth Stopkotte, 53, of Unionville, Ind., pleaded guilty in U.S. District Court to using counterfeit money.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Yvonne DiCristoforo, Special Agent in Charge, United States Secret Service, and Dayton Police Chief Richard S. Biehl announced the plea entered into before U.S. District Judge Thomas M. Rose.
According to the Statement of Facts in this case, Stopkotte was on supervised release following a federal conviction for bank larceny, money laundering and access device fraud when he purchased more than 200 counterfeit $20 bills off a website on the “dark web.”
In April 2018, Stopkotte traveled from his home in Unionville, Ind. to Dayton to attend a Dayton Dragons minor league baseball game. He carried with him most of the counterfeit money and made numerous purchases, including his ticket, food and beverage and other concessions. He had previously used some of the fake $20 bills at a sporting event in Arizona.
He used 41 of the counterfeit $20 bills at the Dayton Dragons game, receiving genuine currency back on his purchases. As investigators approached him at the game, he attempted to hide 54 other bills under a stadium refrigerator. Law enforcement officials also discovered Stopkotte hid $166 in genuine currency in the sole of his shoe, and he had additional genuine currency elsewhere in his clothing.
Investigators later found an additional 136 fake $20 bills hidden in the cover of a boat at his residence in Indiana.
Stopkotte’s iPhone history revealed numerous searches regarding counterfeiting and research on the dark web.
As part of his plea, Stopkotte will forfeit his phone, and the genuine cash he possessed will be forfeited or applied to his restitution obligation and court fines.
U.S. Attorney Glassman commended the investigation of this case by the Secret Service and Dayton Police, as well as First Assistant United States Attorney Vipal J. Patel, who is representing the United States in this case.
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IRS Revenue Officer Admits Filing False Documents with Federal Student Loan ProgramRead the Press Release
TRENTON, N.J. – A revenue officer with the IRS admitted today that she made false statements and submitted false documents to a federal program to defer repayment on a student loan, U.S. Attorney Craig Carpenito announced.
Chandra T. Porter, 53, of North Brunswick, New Jersey, pleaded guilty before U.S. District Judge Brian R. Martinotti in Trenton federal court to an information charging her with one count of making false statements and representations.
According to documents filed in this case and statements made in court:
In June 2008 Porter applied for a Direct Plus Loan under the Federal Family Education Loan Program so that her relative could attend a college program. Between July 2008 and June 2010, the U.S. Department of Education disbursed $49,179 to the college program on behalf of Porter’s relative. After the relative completed the college program, the loan became due in December 2010, and Porter was required to make monthly payments towards the loan. However, beginning in April 2012, Porter began submitting Unemployment Deferment Request applications to defer the loan payments, falsely representing that she was unemployed and was unable to find suitable employment. Porter was, in fact, a full-time employee of the IRS as a revenue officer. Several of the deferment applications she submitted were faxed to the loan handlers from the IRS office where Porter worked.
The count of making false statements carries a maximum potential penalty of five years in prison and a $250,000 fine. Sentencing is scheduled for Oct. 30, 2018.U.S. Attorney Carpenito credited special agents of the U.S. Department of Education, Office of Inspector General, under the direction of Assistant Special Agent in Charge Debbi Mayer of the Eastern Regional Office, and the U.S. Department of the Treasury, Treasury Inspector General for Tax Administration, under the direction of Special Agent in Charge Rodney A. Davis, for the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Jacques S. Pierre of the Special Prosecutions Division.
Defense counsel: David A. Schwartz Esq., East Brunswick, New Jersey
Honduran Man Sentenced for Illegal Re-entry of a Previously Convicted Felon AlienRead the Press Release
Gulfport, Miss. – Oscar Alfredo Burgon-Urrea, 39, an illegal alien from Honduras, was sentenced to 5 years in federal prison today by U.S. District Judge Louis Guirola, Jr., for the crime of Unlawful Re-entry By a Removed Alien Previously Convicted of a Felony, announced U.S. Attorney Mike Hurst and David Rivera, Field Office Director of Enforcement and Removal Operations (ERO) for the Department of Homeland Security, in New Orleans. Burgon-Urrea pled guilty to the offense on March 7, 2018.
Burgon-Urrea also was sentenced to 3 years of supervised release upon completion of prison term, and will face removal proceedings by the U.S. Department of Homeland Security. If Burgon-Urrea were to return again to the United States, after removal and during the term his supervised release, he could face a separate term of imprisonment in addition to any other penalty.
On December 4, 2017, during Department of Homeland Security criminal alien program duties at the Jackson County Adult Detention Center, an Immigration and Customs Enforcement ("ICE") Deportation Officer arrested Burgon-Urrea, an illegal alien from Honduras. He was being held by local officials for public drunkenness, after the Moss Point Police Department found Burgon-Urrea by the side of Interstate 10 in an intoxicated condition.
Further investigation revealed that Burgon-Urrea had been lawfully removed from the United States in 2005, and had illegally re-entered the United States on six subsequent occasions. In 2011, Burgon-Urrea had been convicted in the United States District Court for the Western District of Texas, Del Rio Division, of the offense of Re-entry by a Deported Alien, a felony. It also was learned that the defendant had been known by multiple variations of his name including Oscar Alfredo Burgos-Urrea, Oscar Alredo Burgos Ureea, Oscar Alfredo Burgos, Oscar Burgos and Oscar Alfredo.
U.S. Attorney Hurst praised the cooperation exhibited by the U.S. Department of Homeland
Security, Immigration and Customs Enforcement, the Moss Point Police Department, and the Jackson County Sheriff’s Department. Assistant United States Attorney Stan Harris was the prosecutor for the case.
Honduran Man Sentenced for Illegal Re-entry of a Previously Convicted Felon AlienRead the Press Release
Gulfport, Miss. – Oscar Alfredo Burgon-Urrea, 39, an illegal alien from Honduras, was sentenced to 5 years in federal prison today by U.S. District Judge Louis Guirola, Jr., for the crime of Unlawful Re-entry By a Removed Alien Previously Convicted of a Felony, announced U.S. Attorney Mike Hurst and David Rivera, Field Office Director of Enforcement and Removal Operations (ERO) for the Department of Homeland Security, in New Orleans. Burgon-Urrea pled guilty to the offense on March 7, 2018.
Burgon-Urrea also was sentenced to 3 years of supervised release upon completion of prison term, and will face removal proceedings by the U.S. Department of Homeland Security. If Burgon- Urrea were to return again to the United States, after removal and during the term his supervised release, he could face a separate term of imprisonment in addition to any other penalty.
On December 4, 2017, during Department of Homeland Security criminal alien program duties at the Jackson County Adult Detention Center, an Immigration and Customs Enforcement (“ICE”) Deportation Officer arrested Burgon-Urrea, an illegal alien from Honduras. He was being held by local officials for public drunkenness, after the Moss Point Police Department found Burgon-Urrea by the side of Interstate 10 in an intoxicated condition.
Further investigation revealed that Burgon-Urrea had been lawfully removed from the United States in 2005, and had illegally re-entered the United States on six subsequent occasions. In 2011, Burgon-Urrea had been convicted in the United States District Court for the Western District of Texas, Del Rio Division, of the offense of Re-entry by a Deported Alien, a felony. It also was learned that the defendant had been known by multiple variations of his name including
Oscar Alfredo Burgos-Urrea, Oscar Alredo Burgos Ureea, Oscar Alfredo Burgos, Oscar Burgos and Oscar Alfredo.
U.S. Attorney Hurst praised the cooperation exhibited by the U.S. Department of Homeland Security, Immigration and Customs Enforcement, the Moss Point Police Department, and the Jackson County Sheriff’s Department. Assistant United States Attorney Stan Harris was the prosecutor for the case.
Head of Pakistani Drug Trafficking Network Pleads Guilty in Manhattan Federal Court to Conspiring to Import Heroin into the United StatesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Raymond P. Donovan, Special Agent in Charge of the United States Drug Enforcement Administration (“DEA”) Special Operations Division, announced today that SHAHBAZ KHAN pled guilty to conspiring to import heroin into the United States, and to attempting to import heroin into the United States. KHAN was taken into custody by Liberian authorities on December 1, 2016, and expelled to the United States later that same day based on a pending Complaint in this District. He pled guilty today to a Superseding Indictment in Manhattan federal court before U.S. District Judge Lorna G. Schofield.
U.S. Attorney Geoffrey S. Berman stated: “Shahbaz Khan boasted to an undercover officer about his ability to smuggle drugs anywhere in the world without detection. The DEA put the lie to that boast. Khan has now admitted to conspiring and attempting to import massive quantities of heroin into the United States, and this international narcotics kingpin is now a convicted felon awaiting what could be a substantial sentence.”
Special Agent in Charge Raymond P. Donovan stated: “The arrest of Shahbaz Khan was a result of DEA’s relentless pursuit of global drug traffickers and other dangerous transnational criminal networks with our partners across the world. Khan led a massive and sophisticated heroin network based in Afghanistan and Pakistan, where the vast majority of drug trafficking proceeds have historically been used to finance terrorist insurgencies against the U.S. and our global allies. He agreed to send huge amounts of deadly drugs to American streets and neighborhoods, which would have fueled the current opioid epidemic and facilitated addiction and abuse by supplying huge amounts of heroin to New York and nationwide. We are pleased he is facing American justice in a United States court of law.”
According to the, Complaint, the Superseding Indictment, statements made during the plea proceeding, and other filings in this case:
KHAN, a Pakistani national, was the leader of a drug trafficking organization (the “DTO”) based in Afghanistan and Pakistan that produced and distributed massive quantities of heroin around the world. In 2007, KHAN was designated a Narcotics Kingpin under the Foreign Narcotics Kingpin Designation Act by then-president George W. Bush. Between approximately August 2016 and October 2016, KHAN conspired to send tens of thousands of kilograms of heroin hidden in maritime shipping containers and air cargo shipments to New York City.
Beginning in August 2016, KHAN began communicating in a series of telephone calls and in-person meetings in countries in Southwest Asia with individuals whom KHAN believed were heroin traffickers interested in purchasing kilogram quantities of heroin for importation into the United States. Those individuals were, in fact, working at the DEA’s direction, and included an undercover law enforcement officer (the “UC”).
In late September 2016, KHAN traveled to a country in Southwest Asia where KHAN met with the UC and others. During the meeting, KHAN agreed to provide the UC with an initial shipment of five kilograms of heroin for importation into the United States. KHAN informed the UC that, once the five kilograms of heroin successfully arrived in New York City, KHAN would begin supplying the UC with larger quantities of heroin on a regular basis, including up to 10,000 kilograms of heroin at a time. KHAN assured the UC that the heroin KHAN would provide was 100% pure. In describing his history as a narcotics trafficker, KHAN explained he had done work that “had not been done in the past hundred years,” including supplying 114 tons of heroin and hashish to a customer over a one-year period. KHAN explained that he could ship drugs “anywhere in the word,” hidden in maritime shipping containers or in air-cargo shipments.
In early October 2016, one of KHAN’s employees, acting at his direction, delivered the five-kilogram initial shipment of heroin in the same country in Southwest Asia. Through a series of recorded telephone calls, KHAN confirmed with the UC that the heroin his employee had provided was KHAN’s, that the heroin was to be transported to New York City, and that KHAN would be paid for the heroin once it arrived in the United States.
In December 2016, KHAN traveled with the UC to Liberia to inspect a warehouse that could serve as a transshipment point for maritime heroin shipments between Pakistan and New York. KHAN was arrested by Liberian authorities upon his arrival in Liberia and expelled to the United States.
* * *
KHAN, 70, of Pakistan, pled guilty to one count of conspiring to import one kilogram and more of heroin into the United States, and to one count of attempting to distribute one kilogram and more of heroin, knowing and intending that it would be imported into the United States. KHAN faces a maximum sentence of life in prison and a mandatory minimum sentence of 10 years in prison. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge. Sentencing is scheduled for October 9, 2018, before Judge Schofield.
Mr. Berman praised the outstanding investigative efforts of the DEA’s Special Operations Division’s Bilateral Investigations Unit; the DEA Accra, Canberra, Sydney, Dubai, Islamabad, Kabul, Nairobi, and New Delhi Country Offices; the DEA New York Organized Crime Drug Enforcement Task Force Financial Investigative Team; the Government of Liberia; the Liberian Drug Enforcement Agency; the DEA Nairobi Country Office Kenyan Police Vetted Unit; the Australian Criminal Intelligence Commission; and the Maldives Police Service. The defendant’s arrest and subsequent expulsion are also the result of the close cooperative efforts of the U.S. Attorney’s Office for the Southern District of New York and the Department of Justice’s Office of International Affairs.
The case is being prosecuted by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Rebekah Donaleski, Jason A. Richman, and Shawn G. Crowley are in charge of the prosecution.
Harrisburg Woman Pleads Guilty to Tax FraudRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kenyatta Canidate, age 36, of Harrisburg, Pennsylvania, pled guilty on May 29, 2018, before Chief United States District Court Judge Christopher C. Conner to filing false federal income tax returns.
According to United States Attorney David J. Freed, Canidate was charged in a criminal information on May 4, 2018, with filing false federal income tax returns. Canidate filed six false tax returns on her own behalf and filed 41 false tax returns on behalf of acquaintances. The acquaintances paid Canidate $100 for each bogus return she filed on their behalf. The total tax loss to the IRS resulting from Canidate’s fraudulent conduct was approximately $138,000.
The case was investigated by the Internal Revenue Service Criminal Investigation. Assistant U.S. Attorney Joseph J. Terz is prosecuting the case.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is five years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Hallandale Resident Convicted at Trial of Enticing a Minor While a Convicted Sex OffenderRead the Press Release
Peter Robert Bobal, 42, of Hallandale Beach, was convicted yesterday by a federal jury in Miami for enticing a 14-year-old to engage in sexual activity and committing a felony involving a minor while being required to register as a sex offender.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, and Robert F. Lasky, Special Agent in Charge, Federal Bureau of Investigations (FBI), made the announcement.
According to the court record, including evidence presented at trial, after receiving information from a concerned citizen, the FBI opened an investigation into Bobal. An undercover FBI agent posed as a 14 year-old girl and communicated with Bobal online. Over a period of twelve days in March of 2018, Bobal asked the individual he believed to be the 14 year-old minor more than 56 times to provide sexually explicit photographs and more than 70 times to meet him in person in order to engage in sexual activity. Bobal arranged to meet the 14-year old minor to commit a sexual act on March 14, 2018. On that date, Bobal was arrested when he arrived at the pre-arranged location to meet with the minor.
The jury found that Bobal committed a felony involving a minor while being required to register as a sex offender, following a 2005 conviction for enticement of a minor.
Bobal is to be sentenced on August 14, 2018 by U.S. District Court Judge Beth Bloom. He faces a mandatory minimum sentence of 20 years in prison.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Mr. Greenberg commended the investigatory efforts of the FBI and FBI Miami Child Exploitation Task Force in this matter. This case is being prosecuted by Special Assistant U.S. Attorney M. Catherine Koontz and Assistant United States Attorney Francis Viamontes.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Haitian National Indicted for Visa Fraud Scheme Involving More Than 100 Fraudulent Visa ApplicationsRead the Press Release
U.S. Attorney Duane A. Evans announced that EMMANUEL PRIVA, age 37, a citizen of Haiti, was charged today in a two-count conspiracy indictment. As alleged in the indictment, PRIVA ran a visa fraud scheme from his home in Harvey, Louisiana and other locations. In exchange for money, PRIVA would agree to assist Haitian nationals in fraudulently obtaining visitor visas to travel to the United States. After receiving payment from Haitian nationals, PRIVA would submit online visa applications containing false information, create false documents to support the applications, and coach the aliens on how to deceive consular officers at interviews for the visas. The scheme was focused on making it appear that the Haitian nationals intended to temporarily visit, as opposed to illegally immigrate to the United States. The indictment alleges that PRIVA attempted to fraudulently obtain visas for more than 100 aliens, some of whom succeeded in obtaining visas to travel to the United States.
If convicted, EMMANUEL PRIVA faces maximum terms of imprisonment of ten years for conspiracy to induce and encourage aliens to unlawfully enter the United States and five years for conspiracy to defraud the United States and to commit visa fraud.
U.S. Attorney Evans reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the U.S. Department of State, Diplomatic Security Service’s Criminal Fraud Investigations and Overseas Criminal Investigations Divisions in jointly investigating this matter, with support from its New Orleans Resident Office. U.S. Attorney Evans thanked the U.S. Citizenship and Immigration Services Fraud Detection and National Security Directorate and the Haitian National Police’s Direction Centrale de la Police Judiciaire (Central Directorate of the Judicial Police) for their assistance. Assistant United States Attorney Chandra Menon is in charge of the prosecution.
Guatemalan National Pleads Guilty to Illegal Reentry After DeportationRead the Press Release
BOSTON - A Guatemalan national pleaded guilty today in federal court in Boston to illegally reentering the United States after being deported.
Ariel Humberto Diaz, 27, a Guatemalan national formerly residing in Framingham, pleaded guilty to one count of illegal reentry of a deported alien. U.S. District Court Judge William G. Young scheduled sentencing for Sept. 5, 2018.
On Feb. 4, 2018, law enforcement officers encountered Humberto Diaz and determined him to be illegally present in the United States. Humberto Diaz was previously deported on April 13, 2016.
Humberto Diaz faces a sentence of no greater than 10 years in prison, three years of supervised release, a fine of $250,000, and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Thomas P. Brophy, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Major Crimes Unit is prosecuting the case.
Guatemalan National Charged with Illegal Reentry After DeportationRead the Press Release
BOSTON - A Guatemalan national was charged today in federal court in Boston with illegally reentering the United States after being deported.
Antonio Solis, 34, was indicted on one count of illegal reentry of a deported alien.
According to court documents, law enforcement officers in Saugus encountered Solis on March 24, 2018, and determined him to be illegally present in the United States. Solis was previously deported on July 3, 2013.
Solis faces a sentence of no greater than 10 years in prison, three years of supervised release, a fine of $250,000, and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Thomas P. Brophy, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Grand Rapids Man Sentenced for Felon Firearm Possession and Falsely Attesting U.S. CitizenshipRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that Franklin J. Flores, 42, most recently of Grand Rapids, Michigan, was sentenced to two concurrent terms of 24 months’imprisonment by U.S. District Judge Janet T. Neff, concurrent to his current State of Michigan sentence of 18 to 60 months for identity theft. Flores pleaded guilty pursuant to a plea agreement to one count of being a felon in possession of a firearm and ammunition, and one count of falsely attesting U.S. Citizenship on a Form I-130 Petition for Alien Relative and submitting that form to the Department of Homeland Security, U.S. Citizenship and Immigration Services with the intent toobtain benefit for another person.
The investigation began with reports by a New Mexico man that Flores had stolen his identity. On January 20, 2017, a search warrant conducted at Flores’ residence in Grand Rapids located a Springfield Armory XD-40 .40 caliber pistol and 11 rounds of .40 caliber ammunition. With a 2014 Carrying a Concealed Weapon conviction in Kent County, Michigan, Flores could not lawfully possess this firearm. Flores also assumed the identity of the New Mexico man and his U.S. Citizenship to petition to U.S. Citizenship and Immigration Services for alien relative status for his wife. U.S. District Court Judge Neff noted that Flores’ actions were some of the most egregious she has seen when he assumed the identity of the New Mexico man and thus his U.S. Citizenship status to obtain benefits for his wife.
“Franklin Flores flouted both federal gun and immigration laws,” U.S. Attorney Birge said. “The Court’s sentence is a message that the consequences are severe for convicted felons who violate federal gun laws and for those who try to steal and lie their way to immigration benefits.”
“Identity theft and weapons violations represent serious threats to both our national security and public safety,” said Steve Francis, Homeland Security Investigations (“HSI”) Detroit special agent in charge. “The sentencing handed down in this case makes it clear that these crimes remain a priority for HSI and our partner agencies.”
HSI Grand Rapids investigated this offense, with assistance from the Wyoming Police Department. Assistant U.S. Attorney Clay M. West prosecuted the case.
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Grand Jury Indicts Former Postal Worker in Two DeathsRead the Press Release
COLUMBUS, Ohio – DeShaune K. Stewart, 24, of Columbus, Ohio, was indicted by a federal grand jury today with two counts of murdering an officer of the United States Government.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Tommy D. Coke, Inspector in Charge, United States Postal Inspection Service (USPIS), Pittsburgh Division, Franklin County Prosecutor Ron O’Brien, Columbus Police Chief Kim Jacobs and Dublin Police Chief Heinz von Eckartsberg announced the charges.
According to the indictment, on December 23, 2017, Stewart killed Ginger E. Ballard and Lance Herrera-Dempsey. Both victims were employees of the United States Postal Service and killed on account of their official duties.
Stewart was charged by federal criminal complaint on December 27, 2017. The affidavit filed in support of the criminal complaint details that on December 23, at approximately 4:25am, Dublin Police were dispatched via a 911 call to the United States Post Office located at 6400 Emerald Parkway on reports of an active shooter.
When they arrived they found a male subject, Herrera-Dempsey, who was a Customer Services Supervisor with direct supervision duties over Stewart, deceased from two gunshot wounds.
At approximately 7:18am on the same day, Columbus Police Officers responded to Bowland Place North in Dublin.
Officers arrived to find Stewart completely nude, in possession of a handgun, and in the vicinity of a second deceased victim, Ballard, who was the Postmaster for Dublin. Stewart was arrested by Columbus Police Officers and has been in custody since.
Killing any officer or employee of the United States is a federal crime eligible to be punished by the death penalty.
U.S. Attorney Glassman commended the investigation of this case by Dublin and Columbus Police and USPIS, as well as Assistant United States Attorney David A. DeVillers and Special Assistant United States Attorney James Lowe, who are prosecuting the case.
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Georgia Man Admits Being Felon in Possession of 28 Illegal Firearms, Possession of Methamphetamine with Intent to DistributeRead the Press Release
NEWARK, N.J. – A Georgia man with prior felony convictions today admitted illegally possessing weapons and possessing methamphetamine with the intent to distribute, U.S. Attorney Craig Carpenito announced.
Tyheed Jefferson, 34, a/k/a “Solo,” of Albany, Georgia, pleaded guilty before U.S. District Judge Stanley R. Chesler in Newark federal court to an indictment charging him with six counts of being a felon in possession of a weapon and one count of possession of methamphetamine with the intent to distribute.
According to documents filed in this case and statements made in court:
Jefferson was arrested in July 2017 after a 10-month investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in Georgia, Alabama and New Jersey. He admitted that on various dates between May 7, 2017, and July 18, 2017, he possessed 28 firearms in New Jersey. All of those firearms were recovered by the ATF during the course of the investigation.
Jefferson also admitted that on May 24, 2017, a date on which he also possessed illegal firearms, he possessed 1,500 pills containing more than 50 grams of methamphetamine.
The counts of being a felon in possession of a firearm each carry a maximum potential penalty of 10 years in prison and a $250,000 fine. The count of possession of more than 50 grams of methamphetamine carries a maximum penalty of 40 years in prison and a $5 million fine. Sentencing is scheduled for Sept. 12, 2018.
U.S. Attorney Carpenito credited special agents of the ATF, under the direction of John Devito, Newark Field Division, and Special Agent in Charge Wayne L. Dixie, Atlanta Field Division, as well as the N.J. Department of Corrections, under the direction of Commissioner Gary M. Lanigan and the N.J. State Parole Board, under the direction of Chairman James Plousis, with the investigation leading to today’s guilty plea.The government is represented by Senior Litigation Counsel Robert Frazer of the U.S. Attorney’s Violent Crime Unit in Newark.
Defense counsel: Howard Brownstein Esq., Union City, New Jersey
Gary Man Sentenced to 41 Months in PrisonRead the Press Release
HAMMOND – Freddie Griffin, 33 years old, of Gary, Indiana, was sentenced by U.S. District Court Judge Philip P. Simon on his plea of guilty with intent to distribute crack cocaine, announced U.S. Attorney Thomas L. Kirsch II.
Griffin was sentenced to 41 months in prison followed by 2 years supervised release.
According to documents in this case, in December 2016, Griffin possessed with intent to distribute an amount of cocaine base, commonly called crack. In November 2016, law enforcement made three controlled buys from Griffin. Early in December, law enforcement conducted a traffic stop on Griffin and recovered crack cocaine from the vehicle. During that time, Griffin told officers about guns, crack and money inside his home in Gary, Indiana. Law enforcement executed a search warrant and located additional crack along with five firearms and various ammunition. They also recovered $2,880 and drug paraphernalia from the home.
This case is the result of the investigative efforts of the FBI and was handled by Assistant U.S. Attorney Jennifer Chang.
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Fresno Man Arraigned on Charges of Illegal Firearm PossessionRead the Press Release
FRESNO, Calif. — Elias Muhammad, 21, of Fresno, was arraigned today for a two-count indictment charging him with being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced. A federal grand jury returned the indictment against him on May 24, 2018.
According to court documents, Muhammad posted pictures of himself holding a firearm that was stamped “Detroit PD.” Investigators later recovered the firearm at a residence in Fresno where Muhammad had been staying. As a previously convicted felon, Muhammad is prohibited from possessing a firearm.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, and the Fresno Police Department. Assistant U.S. Attorney Laurel J. Montoya is prosecuting the case.
If convicted, Muhammad faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Former Trucking Logistics Employee Pleads Guilty in Fake Advertising SchemeRead the Press Release
COLUMBUS, Ohio – John E. Kelly, 63, of Columbus, Ohio, pleaded guilty in U.S. District Court to one count each of mail fraud and tax evasion as part of a scheme to defraud his employers of approximately half a million dollars.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Ryan L. Korner, Special Agent in Charge, Internal Revenue Service (IRS), Criminal Investigation, Angela L. Byers, Federal Bureau of Investigation (FBI), Cincinnati Division and Tommy D. Coke, Inspector in Charge, U.S. Postal Inspection Service, Pittsburgh Division, announced the plea offered before U.S. Magistrate Judge Norah McCann King.
According to the Statement of Facts, in 2014 and 2015, Kelly was employed at two different trucking logistics companies – CEVA Logistics and Container Port Group, Inc.
During that time, Kelly defrauded the two companies by causing them to pay for bogus advertising expenditures from a pair of sham companies that Kelly set up for his own gain.
Kelly billed the trucking companies more than half a million dollars for advertising services that were never actually provided. Instead, he took the payments and used them to pay personal expenses. He caused an actual loss of $461,000 from CEVA and CPG.
For example, Kelly served as CEVA’s director of recruiting and was able to set up new advertising vendors for payment. He instructed a direct-report employee to add a nominee company (that he controlled) to CEVA’s approved-vendor list. Kelly then began submitting bogus advertising invoices to CEVA from his company. From approximately March 2014 through March 2015, Kelly caused the submission of at least 65 invoices to CEVA totaling $485,670. CEVA paid out $438,030 of the invoices via checks, which were mailed to a Post Office Box that Kelley controlled in Lewis Center, Ohio.
Kelly was terminated from CEVA in April 2015 and then hired by CPG. He renamed his vendor company and began the scheme again, billing CPG for fake advertising services in the amount of $29,461. Nearly $23,000 was actually paid.
The defendant created email accounts and used fake identities as well as phony corporate registrations and Taxpayer/Employer Identification Numbers when corresponding with CEVA and CPG to conceal his involvement with the nominee companies.
Kelly also failed to file an individual or business tax return for 2014 and 2015. As a result, he had a tax due and owing (representing both his wages and embezzlement income) of at least $70,500 for each year.
Mail fraud is a federal crime punishable by up to 20 years in prison and tax evasion carries a potential maximum sentence of five years imprisonment.
“John Kelly held very important positions in businesses that placed their trust in him, and he abused that trust, not once, but twice” said Ryan L. Korner, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “Not only did he line his own pockets with stolen advertising dollars, and he now owes the IRS for not reporting the stolen money.”
U.S. Attorney Glassman commended the investigation of this case by IRS Criminal Investigation, the FBI and USPIS, as well as Assistant United States Attorney Noah R. Litton, who is prosecuting the case.
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