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12 July 2018
Nebraska Man Sentenced to Prison for Viewing Child PornographyRead the Press Release
A Nebraska man was sentenced yesterday to 76 months in prison for accessing with an intent to view child pornography, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Joseph P. Kelly of the District of Nebraska.
Donald Blevins, 65, of Norfolk, Nebraska, pleaded guilty on April 4, to accessing with the intent to view child pornography. U.S. District Court Judge John M. Gerrard of the District of Nebraska sentenced Blevins and also ordered him to serve 10 years of supervised release.
According to the admissions made in connection with his plea, Blevins admitted that he accessed a video conferencing platform multiple times between January 2016 and July 2017 to view child pornography.
The charges are the result of an investigation by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. The matter is being prosecuted by Trial Attorney Kaylynn N. Shoop of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Michael P. Norris of the District of Nebraska.
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 CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Nebraska Man Sentenced to Prison for Viewing Child PornographyRead the Press Release
A Nebraska man was sentenced today to 76 months in prison for accessing with an intent to view child pornography, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Joseph P. Kelly of the District of Nebraska.
Donald Blevins, 65, of Norfolk, Nebraska, pleaded guilty on April 4, to accessing with the intent to view child pornography. U.S. District Court Judge John M. Gerrard of the District of Nebraska sentenced Blevins and also ordered him to serve 10 years of supervised release.
According to the admissions made in connection with his plea, Blevins admitted that he accessed a video conferencing platform multiple times between January 2016 and July 2017 to view child pornography.
The charges are the result of an investigation by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. The matter is being prosecuted by Trial Attorney Kaylynn N. Shoop of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Michael P. Norris of the District of Nebraska.
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 CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Murder for Hire Plot Results in Federal Charges for Nashville ManRead the Press Release
George Anhalt, Jr, 48, of Nashville, Tennessee, was indicted yesterday by a federal grand jury on charges of obstruction of justice; possession and distribution of heroin; being a felon in possession of a firearm; and possessing a firearm during the commission of a federal drug crime, announced U.S. Attorney Don Cochran of the Middle District of Tennessee.
According to the documents filed with the court, in June 2018, Anhalt was charged in a criminal complaint with conspiring to possess and distribute heroin and methamphetamine in 2017. That case resulted from an extensive investigation in 2017 into the Filmon Mehtsentu drug trafficking organization. Mehtsentu and 12 associates were subsequently indicted in December 2017, and charged with conspiracy to distribute heroin, fentanyl, and methamphetamine.
The charges in the indictment filed yesterday are based upon Anhalt’s attempt to kill a witness whom he believed to be cooperating with federal law enforcement in the Mehtsentu case. As described at Anhalt’s detention hearing, in late May 2018, Anhalt contacted a DEA agent, operating in an undercover capacity, to discuss how to kill that witness. Anhalt discussed providing two doses of drugs to the witness, whom he believed was an addict, with the second dose intending to cause an overdose. Anhalt agreed to provide those two doses to the agent in exchange for $1,000 and two firearms.
On June 7, 2018, Anhalt met with the undercover agent and accepted an initial payment of $500.00, which Anhalt stated he would use to purchase the two doses of drugs. When Anhalt subsequently met with the agent at a Nashville hotel on June 10, 2018, he provided two doses of drugs to the agent. The first dose contained heroin and the second dose contained heroin and Seroquel, an anti-psychotic drug. Anhalt then took possession of another $500 and two handguns as payment for the heroin and ATF agents arrested him in the hotel room.
This case is being investigated by the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Metropolitan Nashville Police Department. Assistant U.S. Attorney Brent Hannafan is prosecuting the case.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Montgomery County One of Ten Areas in DOJ Operation Synthetic Opioid SurgeRead the Press Release
DAYTON – Attorney General Jeff Sessions and Benjamin C. Glassman, U.S. Attorney for the Southern District of Ohio, today announced Operation Synthetic Opioid Surge (S.O.S.), a new program that seeks to reduce the supply of deadly synthetic opioids in high impact areas and to identify wholesale distribution networks and international and domestic suppliers.
As part of Operation S.O.S., the Department will launch an enforcement surge in ten districts with some of the highest drug overdose death rates, including the Southern District of Ohio.
Each participating United States Attorney’s Office (USAO) chose a specific county in which to prosecute every readily provable case involving the distribution of fentanyl, fentanyl analogues, and other synthetic opioids, regardless of drug quantity. The surge will involve a coordinated DEA Special Operations Division operation to insure that leads from street-level cases are used to identify larger scale distributors. Operation S.O.S. was inspired by a promising initiative of the United States Attorney’s Office in the Middle District of Florida involving Manatee County, Florida.
"When it comes to synthetic opioids, there is no such thing as a small case," Attorney General Sessions said. "In 2016, synthetic opioids killed more Americans than any other kind of drug. Three milligrams of fentanyl can be fatal--that's not even enough to cover up Lincoln's face on a penny. Our prosecutors in Manatee County, Florida have shown that prosecuting seemingly small synthetic opioids cases can have a big impact and save lives, and we want to replicate their success in the districts that need it most. This new strategy—and the new prosecutors who will help carry it out—will help us put more traffickers behind bars and keep the American people safe from the threat of these deadly drugs."
“We recommended including Montgomery County in this nationwide effort because of the way the community has stepped up enforcement, treatment and prevention efforts to battle the opioid epidemic since overdose deaths began their rapid climb in 2015,” U.S. Attorney Glassman said. “This focus will boost our efforts to dismantle the organizations that bring synthetic opioids into the area, track down the organization’s leaders and prosecute them for their crimes.”
Glassman noted that Montgomery County Coroner’s Office has preliminary numbers documenting 128 overdose deaths countywide so far in 2018. The coroner’s office reported a record 566 overdose deaths in 2017, most due to opioids including fentanyl. In 2016, the coroner recorded 349 overdose deaths in Montgomery County.
In addition, the Organized Crime Drug Enforcement Task Forces (OCDETF) Executive Office will send an additional two-year term Assistant United States Attorney to each participating district to assist with drug-related prosecutions.
The ten participating districts are:
Northern District of Ohio
Southern District of Ohio
Eastern District of Tennessee
Eastern District of Kentucky
Southern District of West Virginia
Northern District of West Virginia
District of Maine
Eastern District of California
Western District of Pennsylvania
District of New Hampshire
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Missouri Man Pleads Guilty to Disabling an Amtrak Train in NebraskaRead the Press Release
United States Attorney Joe Kelly announced today that Taylor Michael Wilson, 25, of St. Charles, Missouri, pleaded guilty in federal court in Lincoln, Nebraska, to one count of violence against a mass transportation system. Because there were passengers on board the train at the time of the offense, the charge carries a penalty of up to life in prison. Wilson also pleaded guilty in the District of Nebraska to a charge from the Eastern District of Missouri for possessing an unregistered short barrel rifle in violation of federal firearms law. This charge carries a penalty of up to ten years in federal prison. The pleas were entered before Magistrate Judge Cheryl Zwart. Sentencing was scheduled for October 5, 2018, at 10:00 a.m. before the Honorable John M. Gerrard, United States District Court Judge.
According to admissions made in his plea, Wilson admitted that on October 19, 2017, he boarded an Amtrak train in California. He remained on the train until it crossed into Nebraska on October 21, 2017. As the train neared the Furnas County line in Nebraska, Wilson, armed with a concealed .380 caliber handgun, broke into a secured engine compartment of the train, disabling the train and cutting the lights to the passenger compartment. His actions brought the train to a screeching halt in a remote area. Some passengers tried to escape through windows of the train as word reached their compartments that another passenger had accessed the secured engine compartment. Amtrak conductors immediately made their way to the engine compartment. Several conductors, working together, were able to subdue Wilson, who declared that he was now the conductor of the train. As he resisted them, one conductor saw him reach for his waistband, where deputies responding to the scene would later find Wilson had concealed the handgun. Conductors were able to get Wilson off the train and hold him in custody until deputies from two counties reached the location of the train. Wilson carried calling cards of the National Socialist Movement, one of which read, “Conquer we must, for our cause is just!” Wilson stated that he was “trying to save the train from the black people.”
The FBI conducted a search of Wilson’s residence in St. Charles, Missouri. They found hidden journals and propaganda about the National Socialist Movement, as well as a copy of Mein Kampf and a pressure plate of the kind used to build an explosive device. The FBI also recovered his weapons collection, which included illegal unregistered firearms – to include a short barrel rifle and a submachine gun. Also found was a play that Wilson wrote about taking over America, and numerous derogatory writings about the American government and the American media.
This case was investigated by the Federal Bureau of Investigation.
Mexican National Pleads Guilty to Falsely Obtaining A U.S. PassportRead the Press Release
VALDOSTA: Charles E. Peeler, United States Attorney for the Middle District of Georgia, announces that on July 12, 2018, Frederico Pimentel Perez, age 62, a citizen of Mexico, most recently from Omega, Georgia, pled guilty before Senior United States District Court Judge Hugh Lawson in Valdosta to Making a False Statement in an Application for a Passport.
At his guilty plea hearing, Mr. Perez admitted that he fraudulently obtained a U.S. Passport and Social Security benefits using the identity of another individual.
Judge Lawson accepted the guilty plea and sentenced Mr. Perez to time served and ordered him to make restitution to the Social Security Administration in the amount of $87,436.50.
The case was investigated by the United States Diplomatic Security Service, the Fraud Prevention Unit at the United States Embassy in Mexico City and the Social Security Administration Office of the Inspector General. Assistant United States Attorney Julia C. Bowen is prosecuting the case for the United States.
Questions concerning this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
Mexican National Facing Federal Drug Charge Following 26.65 Pound Methamphetamine Seizure at U.S. Border Patrol Checkpoint South of Alamogordo, New MexicoRead the Press Release
ALBUQUERQUE – This morning, a U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support a criminal complaint charging Perfecto Lopez-Olivas, 44, a Mexican national, with a methamphetamine trafficking offense arising out of the seizure of 26 pounds of methamphetamine at a U.S. Border Patrol checkpoint in southern New Mexico on July 7, 2018. Lopez-Olivas was remanded into custody pending trial, which has yet to be scheduled.
U.S. Border Patrol agents arrested Lopez-Olivas on July 7, 2018, after seizing approximately 12.09 kilograms (26.65 pounds) of methamphetamine allegedly concealed in the gas tank of Lopez-Olivas’ vehicle. According to the criminal complaint, the agents allegedly found the methamphetamine while inspecting Lopez-Olivas’ vehicle at the U.S. Border Patrol checkpoint on Highway 54 south of Alamogordo, N.M., in Otero County, N.M.
If convicted of the charges in the criminal complaint, Lopez-Olivas faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison, and will be deported after serving his term of incarceration. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The case was investigated by the U.S. Border Patrol and the Las Cruces office of the DEA. Special Assistant U.S. Attorney Joni Autrey is prosecuting the case.
Member of Bernalillo County-Based Drug Trafficking Ring Pleads Guilty to Federal Heroin Trafficking ChargeRead the Press Release
ALBUQUERQUE – Clayton Arellano, 39, of Albuquerque, N.M., who was charged as the result of a DEA-led investigation targeting a Bernalillo County-based drug trafficking organization that distributed heroin and methamphetamine in the Albuquerque-area, pled guilty yesterday in federal court to a heroin trafficking charge.
Clayton Arellano’s co-defendant Orlando Romero, 30, also a resident of Albuquerque, was charged in a criminal complaint filed in Aug. 2016, with five counts of possession of heroin with intent to distribute and one count of possession of methamphetamine with intent to distribute. The complaint alleged that Romero committed the offenses between Oct. 26, 2015 and June 7, 2016 in Bernalillo County, N.M. Romero subsequently was charged in a six-count indictment filed on Sept. 13, 2016, with heroin and methamphetamine trafficking offenses.
In Dec. 2016, the indictment was superseded to add three co-defendants, including Clayton Arellano, and two additional charges. The superseding indictment charged Romero, Clayton Arellano, Bart Arellano, 36, and Clayton Arellano, Jr., 20, all residents of Albuquerque, with conspiring to distribute heroin from Jan. 2015 through Dec. 2015, in Bernalillo County. It also charged Romero with distributing heroin on five occasions between Oct. 2015 and April 2016, and with distributing heroin and methamphetamine in June 2016, and Clayton Arellano and Clayton Arellano, Jr., with possession of heroin with intent to distribute in July 2016. The superseding indictment charged the defendants with committing the offenses in Bernalillo County.
During yesterday’s proceedings, Clayton Arellano pled guilty to possession of heroin with intent to distribute. In entering the guilty plea, Clayton Arellano admitted that from Jan. 20, 2015 until his arrest in Dec. 2016, he conspired with others to purchase bulk quantities of heroin, store the heroin in stash locations, and distribute the heroin to others. Clayton Arellano also admitted regularly using his cellular phone to arrange for the supply and distribution of heroin to other distributors and drug users in Albuquerque, and that he subsequently learned that law enforcement authorities intercepted his communications pursuant to court orders.
According to the plea agreement, law enforcement authorities intercepted various calls and text messages between Clayton Arellano and individuals interested in buying drugs from Clayton Arellano on multiple occasions from May 2016 through July 2016, during which they discussed the locations, distribution and sale of heroin using coded language. Clayton Arellano acknowledged that during the course of the conspiracy, he was responsible for possessing more than 100 grams of heroin with the intention of distributing the heroin to others.
At sentencing, Clayton Arellano faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison. A sentencing hearing has yet to be scheduled.
Clayton Arellano’s three co-defendants have entered not guilty pleas to the charges against them and are awaiting trial. Charges in criminal complaints and indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the DEA as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Assistant U.S. Attorneys Kristopher N. Houghton and Joel R. Meyers are prosecuting this case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Massachusetts Man Sentenced to 15 Months for Passport FraudRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Juan Santana, 42, of Lowell, Massachusetts, was sentenced today in U.S. District Court by Judge Jon D. Levy to 15 months in prison and three years of supervised release for making a false statement in a passport application and aggravated identity theft.
According to court records, in October 2016, Santana, who was a citizen of the Dominican Republic and therefore ineligible to receive a U.S. passport, submitted a U.S. passport application falsely identifying himself as another individual. He presented a birth certificate and Maine driver’s license in the other individual’s name. When he was arrested in October 2017, he was in possession of several documents in the other individual’s name, including a Maine driver’s license, social security card and debit card.
The case was investigated by the U.S. Department of State, Diplomatic Security Service; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; the U.S. Postal Inspection Service; and the U.S. Marshals Service.
Maryland Man Found Guilty of Stalking Former Co-Worker, Now Accused of Fleeing U.S. to IcelandRead the Press Release
WASHINGTON – Ranjith Keerikkattil, 30, of Catonsville, Md., has been found guilty by a jury of stalking a junior co-worker, starting while they were both employed at a consulting firm, and continuing after he was fired, U.S. Attorney Jessie K. Liu announced today.
Keerikkattil was found guilty of the stalking charge on July 9, 2018, following a trial in the Superior Court of the District of Columbia. The Honorable Robert A. Salerno released Keerikkattil following the verdict, pending sentencing. The judge ordered him to appear the next morning to have a GPS monitoring device installed. However, he failed to appear, and fled the United States to Iceland. A grand jury subsequently indicted him on July 11, 2018, on a charge of violating the Bail Reform Act. He will be re-arrested upon his return to the United States.
According to the government’s evidence at trial, the criminal conduct began in May 2015, while Keerikkattil was a senior consultant at a consulting firm in Rosslyn, Va. The victim, who resided at the time in the District of Columbia, had begun her first job out of college in 2015 as a business technology analyst for the firm. Keerikkattil was her first mentor on her first project. After the victim performed countless evening and weekend hours on the project, Keerikkattil, told her that he only brought her onto the project to get close to her and that he was merely giving her busy work. He ignored her wishes to keep their relationship strictly professional and continued to pursue her. After she repeatedly tried to resolve the matter herself, she reported Keerikkattil, on June 1, 2015, to her human resources counselor.
Keerikkattil was fired on June 19, 2015, for not being forthcoming about his conduct, which was captured on texts between the two, during the firm’s internal investigation of the matter. He blamed the victim for his termination and then began a stalking campaign in retaliation. His stalking acts included publishing false allegations about the victim on the Internet and through mass e-mails to the victim and former company employees in order to seriously frighten and defame her. When ignored, he escalated his actions. Almost two months after being fired, he sat in a café that was frequented by company employees, including the victim. He was able to obtain eye contact with the victim on one occasion inside this café, frightening her even more. The victim’s attorney notified Keerikkattil, instructing him not to have any further contact with her, but he continued to text her statements like, “Every morning I wake up thinking about you and go to bed thinking about you.”
With the victim continuing to ignore him, Keerikkattil decided to take a plane almost 3,000 miles to Seattle and then rent a car and travel an additional three hours to pay an unannounced visit to the victim’s parents in a remote suburb of Portland, Ore. On Oct. 24, 2015, he knocked on the door to the victim’s childhood home, which was at the bottom of a long driveway, and asked her father for directions to the nearby parks. It took a moment for the father to piece things together. Once he was able to figure out whom the defendant was, he slammed and locked the door and called 911. Keerikkattil texted the victim shortly thereafter, “Was nice meeting your dad today.” An arrest warrant was obtained shortly thereafter, and Keerikkattil was arrested on Dec. 19, 2015, and charged with stalking.
Before fleeing to Iceland, the defendant was scheduled to be sentenced on Sept. 14, 2018, facing 12 months of incarceration for the stalking charge. He now also faces an additional maximum of five years of incarceration if convicted of the felony Bail Reform Act charge. The charge in the indictment is merely an allegation, and every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
In announcing the stalking verdict, U.S. Attorney Jessie K. Liu commended the work of those who investigated the case from the Metropolitan Police Department. She also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Lynda Randolph and Stephanie Siegerist, Victim/Witness Advocate Jennifer Allen, and Victim/Witness Services Coordinator La June Thames.
Finally, she commended the work of Assistant U.S. Attorneys Ethan Carroll and Kristina Wolf, who assisted in investigating the case, and Assistant U.S. Attorney John Giovannelli who prosecuted and tried the case to verdict.
Manhattan U.S. Attorney and FBI Announce Recovery of Stolen Robert Motherwell PaintingRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeny Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the return of a stolen painting, Untitled, created in 1967 by Robert Motherwell.
Manhattan U.S. Attorney Geoffrey Berman said: “The storied past of this magnificent piece may never be known. But now, thankfully, 40 years after Robert Motherwell began painting this piece, this work of art is where it should be: with the Dedalus Foundation and for the benefit of the public.”
FBI Assistant Director-in-Charge William F. Sweeny Jr. said: “Robert Motherwell was an influential and iconic artist of his time. His love of the abstract inspired him to create works enjoyed by many still today. Unfortunately, several of his paintings went missing about four decades ago – the 1967 Untitled piece is but one of them. Motherwell never titled this work of art before it vanished. Maybe, after all, that’s part of its story – one that begins a new chapter here today. We are honored to restore this extraordinary piece to the Dedalus Foundation, so that those who appreciate the value of fine art may now come to know the true narrative of the painting’s past, present, and future.”
Robert Motherwell, a 20th century American painter, printmaker, and editor, was among a group of visual artists – including Willem de Kooning, Jackson Pollock, and Mark Rothko – often considered together as the “New York School.” Throughout much of the 1960s and 1970s, Motherwell exclusively employed the Santini Moving Company (“Santini”) to transport and store his artwork. In or around 1978, Motherwell changed storage companies, and in the process of preparing and itemizing his artwork for the move, identified dozens of paintings, including Unitled, as missing or stolen.
Following Motherwell’s death in 1991, virtually all of his paintings were deeded to the Dedalus Foundation (“Dedalus”). In 2017, the son of a former and now deceased Santini worker contacted the Dedalus Foundation regarding the authenticity of Untitled, which had been in his father’s possession for the past 30 years. After being contacted by Dedalus, the FBI approached that individual, who voluntarily relinquished Untitled to a special agent assigned to the FBI’s Art Crime Team. The U.S. Attorney’s Office and the FBI are now returning the painting to its rightful owners.
Mr. Berman thanked the FBI’s Art Crime Team and the Dedalus Foundation for their assistance.
The case is being handled by the Office’s Money Laundering and Asset Forfeiture Unit. Assistant U.S. Attorney Jonathan E. Rebold is in charge of the case.
Malden Man Pleads Guilty to Defrauding EmployerRead the Press Release
BOSTON – A Malden man pleaded guilty today in federal court in Boston to his role in a wide-ranging conspiracy to defraud his employer, a large facilities services company with offices in the Greater Boston area.
Vence Pires, 58, pleaded guilty one count of conspiracy to commit wire fraud. U.S. District Court Senior Judge Rya W. Zobel scheduled sentencing for Sept. 25, 2018. Co-defendant Lou Amaral, 52, also of Malden, pleaded guilty on July 9, 2018, to one count of conspiracy to commit honest services mail fraud, one count of conspiracy to commit wire fraud, one count of money laundering, and one count of tax evasion. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for Oct. 9, 2018.
Amaral and Pires worked for the same facilities services company in the Greater Boston area. Amaral was the supervisor of the Special Services Department, and as such, he had the ability to hire employees and to contract with third-parties to provide temporary labor. Pires was an account manager who worked for Amaral in Special Services. Amaral first began taking bribes from a temporary labor company in order to steer contracts to that company. In 2014, Amaral opened up his own temporary labor company and, with the help of Pires, awarded himself the temporary labor contracts. Through this scheme, Amaral made approximately $10 million in revenue over a three-year period, resulting in harm to his employer of more than $4 million.
Pires faces a maximum sentence of five years in prison, up to three years of supervised release, and a fine of up to $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; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Delany De Leon-Colon, Acting Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. Assistant U.S. Attorney Eric Rosen of Lelling’s Economic Crimes Unit is prosecuting the case.
MEDIA ADVISORY-- U.S. Attorney, APD Police Chief and Other Officials to Participate in 2018 Camp Fearless Graduation CeremonyRead the Press Release
ALBUQUERQUE – This week the Albuquerque Police Department (APD) collaborated with the U.S. Attorney’s Office, the Boys & Girls Club of Central New Mexico, Albuquerque Fire and Rescue, DEA, New Mexico State Police, New Mexico Army National Guard, and Isleta Pueblo Tribal Police Department to host its second week of Camp Fearless, a summer youth prevention program.
U.S. Attorney John C. Anderson, Albuquerque Police Chief Michael Geier and other officials will join the campers for the second week of Camp Fearless during a graduation ceremony scheduled for tomorrow, Friday, July 13, 2018, at 1:15 p.m., at the Boys & Girls Club of Central New Mexico at 3333 Truman Street NE in Albuquerque. The graduation ceremony is OPEN PRESS.
The 2018 Camp Fearless Program marks the 22nd year that the U.S. Attorney’s Office and its law enforcement and outreach partners have collaborated to operate summer youth camps with a youth drug, gang and gun violence prevention emphasis. The summer camp program originated as part of the Justice Department’s Weed & Seed Project and its Project Safe Neighborhoods program. This year, APD assumed leadership of the summer camp program as part of its Community Policing Program.
The two one-week camps, which were free of charge to youth from nine to 12 years of age, were designed to keep youth free of substance abuse and criminal involvement by providing physically challenging recreational and life skills activities, interaction with positive role models, and evidence-based gang and substance abuse resistance training. Campers also participated in a field trip to the Albuquerque Fire and Rescue training complex, an APD crime lab simulation, low ropes and obstacle courses, bowling and other fun physical activities, and classes during which law enforcement officers and Guardsmen made presentations on drug, gang and violence prevention.
WHO:
U.S. Attorney John C. Anderson
Albuquerque City Councilor Diane G. Gibson, District 7
APD Police Chief Michael Geier
APD Deputy Police Chief Harold J. Medina
Albuquerque Fire and Rescue Deputy Chief Gene Gallegos
Tim Sheahan, President, Boys & Girls Clubs of Central New Mexico
WHEN:
Friday, July 13, 2018, 1:15 p.m.
WHERE:
Boys & Girls Club of Central New Mexico, 3333 Truman Street NE, Albuquerque, NM 87110
NOTE: Media representatives must present government-issued photo I.D. (i.e., driver’s license) as well as valid media credentials. Media representatives may begin to arrive at 1:00 p.m. RSVPs and inquiries regarding logistics should be directed to USAO Media Coordinator Alyssa Ferda, contractor, at (office) 505-224-1480, (cell) 505-366-1463, or [email protected].
Lutherville Man who Illegally Distributed “Bath Salts” Obtained from China Sentenced to 5 Years in Federal PrisonRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Carlo D’Addario, age 48, of Lutherville, Maryland today to five years in prison, followed by three years of supervised release, for conspiracy to distribute and possess with intent to distribute controlled substances--specifically, “bath salts” chemically manufactured in China.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration – Baltimore District Office; and Interim Police Commissioner Gary Tuggle of the Baltimore Police Department.
According to his plea agreement, at least between 2014 and 2016, D’Addario corresponded via e-mail with sources of supply in China to obtain “bath salts,” which are substances that are chemically manufactured to mimic, and create a “high” similar to MDMA (ecstasy) and methamphetamine. Specifically, D’Addario illegally imported alpha-pyrrolidinopentiophenone (“a-PVP”), which became a controlled dangerous substance in March 2014, and 4-Chloro-alpha-pyrrolidinovalerophenone Hydrochloride (“4C-a-PVP”) and 1-(5,6,7,8-tetrahydronaphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one (“TH-PVP”), both of which were manufactured to mimic the effects of controlled dangerous substances. D’Addario created and used fake e-mail addresses to mask his identity when corresponding with his Chinese suppliers. In his e-mails, D’Addario specifically requested a-PVP or substances that would have an equivalent effect, including TH-PVP. Between 2014 and 2016, D’Addario, either personally or through co-conspirators, sent more than $53,000 through Western Union and other wire services to his Chinese sources of supply for the purchase of “bath salts,” including a-PVP, TH-PVP, and other similar substances. After making these payments, the Chinese suppliers would send the bath salts to D’Addario, who would then in turn distribute them to his downstream customers. In a few instances, D’Addario received other unknown substitute substances and observed that the product sent from China had severe adverse effects on his customers, including vomiting and prolonged loss of consciousness.
On October 6, 2016, law enforcement executed a search warrant at D’Addario’s residence. Law enforcement recovered: parcel boxes sent to D’Addario’s residence from China; approximately 659 grams 4C-a-PVP; drug paraphernalia, including packaging materials and digital scales; and $4,709.82.
At the time of this offense, D’Addario was on supervised release for a previous federal drug trafficking conviction. Judge Bennett ordered that today’s sentence be served concurrent to the one year in prison that D’Addario was ordered to serve for violating his supervised release in that case.
United States Attorney Robert K. Hur praised the DEA in Baltimore and Gulfport, Louisiana, and the Baltimore Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Jason D. Medinger and Burden C. Walker, who prosecuted the case.
Lorain County one of 10 locations selected for pilot project targeting synethetic opioidsRead the Press Release
Attorney General Jeff Sessions and U.S. Attorney Justin E. Herdman Northern District of Ohio, today announced Operation Synthetic Opioid Surge (S.O.S.), a new program that seeks to reduce the supply of deadly synthetic opioids in high impact areas and to identify wholesale distribution networks and international and domestic suppliers.
As part of Operation S.O.S., the Department will launch an enforcement surge in ten districts with some of the highest drug overdose death rates, including the Northern District of Ohio.
Each participating United States Attorney’s Office (USAO) will choose a specific county and prosecute every readily provable case involving the distribution of fentanyl, fentanyl analogues, and other synthetic opioids, regardless of drug quantity. Lorain County has been designated as the area as it has been deluged with opiate overdoses. In 2014, the Lorain County Coroner reported 39 heroin overdose deaths with 13 of those overdose deaths involving fentanyl. In 2015, that number climbed to 41 heroin deaths with 20 of those overdose deaths involving fentanyl. The staggering amount of overdose deaths in Lorain County related to heroin/fentanyl increased significantly in 2016. In 2016, there were 131 overdose deaths and in 2017, the number remained steady at 132. The impact has affected both large and small towns in Lorain County. Investigators have noticed that overdose deaths have sometimes occurred in clusters and are related to the recent influx of fentanyl, carfentanil laced heroin and other analogues.
In addition, the Organized Crime Drug Enforcement Task Forces (OCDETF) Executive Office will send an additional two-year term Assistant United States Attorney to each participating district to assist with drug-related prosecutions.
In Manatee County, a county just south of Tampa with a population of about 320,000, overdoses and deaths skyrocketed in 2015 (780 overdoses/84 opioid related deaths) and 2016 (1,287 overdoses/123 opioid related deaths). In summer of 2016, local law enforcement reported frequent, street-level distribution of fentanyl and carfentanil for the first time.
To combat this crisis, the Middle District of Florida committed to prosecuting every readily provable drug distribution case involving synthetic opioids in Manatee County regardless of drug quantity. The effort resulted in the indictments of 45 traffickers of synthetic opioids. . Further, from the last six months of 2016 to the last six months of 2017, overdoses dropped by 77.1% and deaths dropped by 74.2%. Overall, the Manatee County Sheriff’s Office went from responding to 11 overdoses a day to an average now of less than one per day.
The United States Attorney for the Northern District of Ohio, will coordinate with the Lorain County Prosecuting Attorney Dennis Will, Chief Duane Whitely of the Elyria Police Department, Chief Cel Rivera of the Lorain Police Department, Sheriff Phil Stammitti of the Lorain County Sheriff’s Department, the Drug Enforcement Administration and the Federal Bureau of Investigation (FBI) to work together on this initiative in an effort to aggressively combat opiate drug crimes. These charges represent a coordinated effort on behalf of the Federal and State partners to hold accountable these individualswho all have significant prior drug charges and have continued to peddle illegal opiate narcotics in Lorain County.
"When it comes to synthetic opioids, there is no such thing as a small case," Attorney General Sessions said. "In 2016, synthetic opioids killed more Americans than any other kind of drug. Three milligrams of fentanyl can be fatal--that's not even enough to cover up Lincoln's face on a penny. Our prosecutors in Manatee County, Florida have shown that prosecuting seemingly small synthetic opioids cases can have a big impact and save lives, and we want to replicate their success in the districts that need it most. This new strategy—and the new prosecutors who will help carry it out—will help us put more traffickers behind bars and keep the American people safe from the threat of these deadly drugs."
“These drugs have killed thousands of our friends and neighbors and caused pain and heartbreak to their families.” United States Attorney Justin Herdman said. “ This initiative will allow us to work in a collaborative, targeted way on the enforcement side to reduce the drug supply, while continuing to partner with others in our community to help drive down demand.”
Elyria Police Chief Duane Whitely said: “We are grateful for the excellent working relationship between all the Lorain County law enforcement agencies and our Federal partners. We will continue working together to attack the illegal drug trade throughout Lorain County.”
“Through the cooperation of local, state and federal law enforcement agencies working together to share their resources, intelligence and manpower we can aggressively investigate drug trafficking organizations,” said Lorain County Sheriff Phil Stammitti. “These organizations from the street level dealer to the main source suppliers are drastically having a devastating effect on our communities. In conjunction with the newly formed Lorain County HIDTA, we are proud of all the units that work together to aggressively investigate drug traffickers.”
This operation demonstrates another example of the significant federal presence in Lorain County and the cooperation that exists between federal and state agencies over the last several years to work hand in hand with Lorain County partners in seeing that those who repeatedly violate drug laws in Lorain County are held accountable and comes directly of the heels of significant Lorain County arrests last month.
On June 27, 2018, twenty-five people were arrested after a federal grand jury returned an indictment charging them for their roles in a conspiracy to traffic drugs in Elyria and the surrounding area, including fentanyl, carfentanil, heroin, cocaine, crack cocaine and fentanyl analogues pressed to look like pills of Percocet.
According to the 59-count indictment unsealed in U.S. District Court in Cleveland:
Troy Davis traveled to South Carolina to buy from Jenkins pills that were laced with furanyl fentanyl and pressed to look like 30 mg Percocet pills. Davis brought the pills to Ohio, where he sold them to Phares and others.
Troy Davis sold cocaine, crack cocaine, heroin, fentanyl and various fentanyl analogues to other drug dealers and customers in the Elyria area. Troy and Elonzo Davis, who are uncle and nephew, were supplied by Vaughn, Jarell Davis, Washington, Oliver and Rogers. The Davis’ then resold the drugs to Lawrence, White, Pryor, Hobson and others.
The Davis’ and others used homes in Elyria to store and sell the drugs. They also used numerous vehicles, including rental cars, as well as multiple pre-paid cellular telephones, to facilitate the shipment and sale of drugs.
Other recent cases handled by the United States Attorney’s Office with assistance from Lorain County Law Enforcement including the Elyria Police Department, The Lorain Police Department, The Lorain County Sheriff’s Department the FBI, DEA and the Lorain County Prosecutor’s office are as follows:
-Russell Davis was convicted after a trial of multiple counts of distributing heroin fentanyl with of the distributions caused an overdose and resulted in death to a person. Davis was out on bond from Lorain County Court of Common Pleas when he committed the new offense. He had at least defendant had at least one previous drug trafficking felony conviction. Davis is facing a mandatory life sentence.
-Delante Lunn was convicted after a trial of multiple counts of distributing heroin fentanyl with a specification that the distributions caused an overdose and resulted in death to a person. Lunn was out on bond from Lorain County Court of Common Pleas when he committed the new offense. He had at least one previous felony drug trafficking conviction. Lunn was sentenced to 25 years incarceration.
The Northern District of Ohio is one of ten districts selected for this initiative. The other participating disricts are as follows:
Southern District of Ohio
Eastern District of Tennessee
Eastern District of Kentucky
Southern District of West Virginia
Northern District of West Virginia
District of Maine
Eastern District of California
Western District of Pennsylvania
District of New Hampshire
Lexington Man Sentenced to 15 Years on Federal Drug and Firearm ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Bryshun Genard Furlow, age 34, of Lexington, was sentenced in federal court to 180 months (15 years) imprisonment with 6 years of supervised release to follow. Furlow plead guilty in April to possession with intent to distribute cocaine, methamphetamine, and a substance containing both methamphetamine and cocaine, as well as to being a felon in possession of firearms and ammunition, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C), and 851 and 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, imposed the sentence.
Evidence presented in court established that on November 3, 2016, the Lexington County Sheriff’s Department executed a state search warrant at Furlow’s Wessinger Street apartment after having made three separate controlled purchases of crack cocaine in September and October 2016 from Furlow at the apartment. During the search of the apartment, deputies recovered baggies of cocaine, methamphetamine, and tablets consisting of cocaine and methamphetamine. Deputies also recovered two digital scales, $5,422, a pyrex dish with cocaine residue, a .40 caliber handgun, a .38 caliber revolver, and various rounds of .40 caliber and .38 caliber ammunition. Furlow, his girlfriend, and two children were at the apartment at the time of the search. After being advised of his rights, Furlow admitted to the drugs in the apartment.
Furlow is prohibited under federal law from possessing firearms and ammunition based upon his prior Georgia state convictions for possession with intent to distribute cocaine (2003), possession with intent to distribute marijuana (2003), possession of cocaine (2008), aggravated stalking (2008), arson 1st degree (2 counts)(2008), terroristic threats (2008) and his prior South Carolina state conviction for distribution of crack cocaine (April 2016). Due to his extensive prior record, Furlow was classified as an armed career criminal and career offender, which increased his potential sentences.
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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Kansas Men Charged with Distributing Child PornRead the Press Release
KANSAS CITY, KAN. – Two Kansas men were indicted Wednesday in separate cases on charges of distributing child pornography, U.S. Attorney Stephen McAllister said.
Brian Fuchs, 48, Lawrence, Kan., is charged with one count of distributing child pornography and one count of possessing child pornography. The indictment alleges Fuchs used a peer-to-peer network to share child pornography with other users.
If convicted, he faces not less than five years in federal prison and a fine up to $250,000 on the distribution charge, and up to 10 years and a fine up to $250,000 on the possession charge.
The FBI investigated. Assistant U.S. Attorney Kim Flannigan is prosecuting.
Duane Allen, 54, Leavenworth, Kan., is charged with one count of distributing child pornography and one count of possessing child pornography. The indictment alleges Allen used a peer-to-peer network to share child pornography with other users.
If convicted, he faces not less than five years in federal prison and a fine up to $250,000 on the distribution charge, and up to 10 years and a fine up to $250,000 on the possession charge.
The FBI investigated. Assistant U.S. Attorney Kim Flannigan is prosecuting.
Both cases are being prosecuted under the Justice Department’s Project Safe Childhood (PSC) initiative. For more information, see the PSC web site at https://www.justice.gov/psc
OTHER INDICTMENTS
Ricky Stevens, 29, Kansas City, Mo., is charged with two counts of stealing gift cards from the mail while he worked for the U.S. Postal Service. The crimes are alleged to have occurred in 2015 and 2016 in Johnson County, Kan.
If convicted, he faces up to five years in federal prison and a fine up to $250,000 on each count. The U.S. Postal Service investigated. Assistant U.S. Attorney Leon Patton is prosecuting.
Diego Cesar Oyarzun Ruiz, 29, and Jonathan Sebastian Zuniga Contreras, 22, both citizens of Chile who are being held in the Johnson County Adult Detention Center, are charged with one count of conspiracy to commit wire fraud. In addition, Oyarzun Ruiz is charged with one count of aggravated identity theft. The indictment alleges they used stolen credit cards to buy electronic devices at retail stores, including a Best Buy in Overland Park, Kan.
If convicted, they face up to 20 years in federal prison and a fine up to $250,000 on the wire fraud charge and two years (consecutive) on the identity theft charge. The U.S. Secret Service investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
Charles W. Ochlech, 46, who is in the custody of the Bureau of Prisons, is charged with assaulting another inmate at Leavenworth Penitentiary in April 2014.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Chris Oakley and Assistant U.S. Attorney Trent Krug are prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Judge Sentences Ambridge Fentanyl Dealer to 18 Years in Federal PrisonRead the Press Release
PITTSBURGH – Jeffrey Rogers, formerly of Ambridge, Pennsylvania, was sentenced to 18 years in prison for conspiring to distribute over 40 grams of fentanyl and for then distributing fentanyl, United States Attorney Scott W. Brady announced today.
The sentence was imposed yesterday by Chief United States District Court Judge Joy Flowers Conti. Rogers was also sentenced to serve eight years of supervised release upon release from prison.
Rogers was convicted following his guilty pleas in March 2018. As part of his plea agreement, Rogers accepted responsibility for causing the death of H.P. through fentanyl distribution. Also as part of his guilty plea, Rogers acknowledged that he was responsible for the distribution of at least 280 grams of fentanyl. Rogers was previously convicted of drug trafficking in 2007 in the Beaver County Court of Common Pleas.
Assistant United States Attorneys Katherine A. King and Craig W. Haller prosecuted this case on behalf of the United States.
The conviction and sentence in this case was conducted by the Drug Enforcement Administration in partnership with the Pennsylvania Office of the Attorney General, Ambridge Police Department, New Brighton Police Department, Beaver Police Department, Aliquippa Police Department, Moon Township Police Department, Wilkinsburg Police Department, West Mifflin Police Department, Allegheny County Police Department, Duquesne Police Department, Munhall Police Department, Allegheny County Sheriff’s Office, Pittsburgh Bureau of Police, and the Pennsylvania State Police.
The investigation was a product of the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Independence Man Pleads Guilty to Producing Child PornographyRead the Press Release
KANSAS CITY, Mo. – An Independence, Mo., man pleaded guilty in federal court today to producing child pornography.
Travis Howard White, 25, pleaded guilty before U.S. Chief District Judge Greg Kays to the charge contained in a June 1, 2017, federal indictment.
By pleading guilty today, White admitted that he used a 13-year-old victim to produce child pornography on May 14, 2016. White met the child victim on Facebook and they engaged in sexually explicit online chats. During one of those chats, White directed the child victim to produce a pornographic image, which she sent to him.
Under federal statutes, White is subject to a mandatory minimum sentence of 15 years in federal prison without parole, up to a sentence of 30 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Patrick D. Daly. It was investigated by the FBI.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Honduran National Sentenced for Illegal Reentry of a Removed AlienRead the Press Release
U.S. Attorney Duane A. Evans announced that JOSE MARTINEZ-OSWALDO, age 33, a citizen of Honduras, was sentenced today after previously pleading guilty to a one-count Bill of Information charging him with illegal reentry of a removed alien, in violation of Title 8 United States Code, Section 1326(a).
According to the court documents, MARTINEZ-OSWALDO was found in the United States on or about February 21, 2018, after having been previously removed on October 15, 2012.
United States District Judge Jane Triche Milazzo sentenced MARTINEZ-OSWALDO to a term of imprisonment of eight months, a term of supervised release of one year, and a mandatory $100 special assessment.
U.S. Attorney Evans praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Michael M. Simpson is in charge of the prosecution.
Harrison County man admits to his role in a heroin distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Hunter Queen, of Nutter Fort, West Virginia, has admitted to his role in a heroin distribution operation, United States Attorney Bill Powell announced.
Queen, age 22, pled guilty to one count of “Conspiracy to Distribute Heroin” and one count of “Aiding and Abetting the Distribution of Heroin in Proximity to a Protected Location.” Queen admitted to distributing heroin from January to May 2016 in various locations in Harrison County, including near Simpson Elementary School.
Queen is facing up to 20 years incarceration and a fine of up to $1,000,000 for the conspiracy charge, and he faces up to 40 years incarceration and a fine of up to $2,000,000 for the aiding and abetting charge. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Traci M. Cook is prosecuting the case on behalf of the government. The Greater Harrison Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Hammond Man Sentenced to 110 Months in PrisonRead the Press Release
HAMMOND- Jared Washington, 33, of Hammond, Indiana, was sentenced before United States District Court Judge James T. Moody on Washington’s guilty plea to conspiracy to distribute heroin, announced U.S. Attorney Thomas L. Kirsch II. The Court imposed a sentence of 110 months in prison followed by3 years of supervised release.
According to documents in this case, Washington and a co-defendant sold heroin over a prolonged period of time in and around Hammond, Indiana. Investigators, assisted by a confidential informant, conducted a series of controlled purchases of heroin from Washington. During the investigation, large amounts of cocaine, heroin, fentanyl, and drug proceeds were seized from a hotel room used by Washington. Fentanyl is a synthetic opiate, which is 30-50 times more potent than heroin.
This case was investigated by the Lake County HIDTA DEA task force with the assistance of the Hammond Police Department and was prosecuted by Assistant United States Attorney Thomas M. McGrath.
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Guilty Plea in Multimillion Dollar Movie Studio Construction Scam in Northern CaliforniaRead the Press Release
SACRAMENTO, Calif. —Carissa Carpenter, 55, formerly of Malibu, pleaded guilty today to two counts of mail fraud and one count of lying to a federal agent, U.S. Attorney McGregor W. Scott announced.
According to court documents, from 1997 until October 24, 2014, Carpenter represented to investors and others that she had a project to build a movie studio in Northern California. As a result of the scheme, investors, firms who did work for Carpenter, and municipalities collectively lost millions on the project.
According to the factual basis in support of the plea, Carpenter claimed that her projected movie studio complex was supported by well-connected people in the entertainment industry and that she had invested hundreds of millions of dollars of her own money in the project and that she had arranged financing for the project but needed investment or bridge loans until the alleged financing was complete. The locations of the project varied: El Dorado Hills, north of the Sacramento International Airport in Sutter County, Lathrop, the former naval base on Mare Island in Vallejo, and Dixon, among other places. Additionally, Carpenter represented that reputable architecture, construction, design, and public relations firms were involved in the project, and that she had or was in the process of finalizing the purchase of the land where the studio would be built. As a result, investors gave Carpenter millions of dollars to invest in her studio project.
In fact, Carpenter used investor money to fund her personal expenses and extravagant lifestyle. Contrary to her claims, the Hollywood people were not involved in the project at all or had little involvement. Similarly, the architecture, construction, design, and public relations firms were not involved or had done only preliminary work on the project. Carpenter also did not own or purchase property for the studio.
Further, during the investigation in July 2013, Carpenter told an FBI agent that she told investors that she was going to use their money for personal expenses and that she had used 50 to 75 percent of investor money for the project. These statements were false.
This case is the product of an investigation by the Federal Bureau of Investigation and IRS-Criminal Investigation. Assistant U.S. Attorneys Todd A. Pickles and Rosanne L. Rust are prosecuting the case.
Carpenter is scheduled to be sentenced by U.S. District Judge Garland E. Burrell Jr. on September 28, 2018. Carpenter faces a maximum statutory penalty of 20 years in prison and a $250,000 fine or twice the gross loss or gain for the two counts of mail fraud and up to five years in prison for false statement to a government agent. The actual sentence, however, will 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.
Guatemalan National Pleads Guilty to Illegal ReentryRead the Press Release
U.S. Attorney Duane A. Evans announced that PEDRO BRITO-MARCOS, age 22, a citizen of Guatemala, pled guilty to a one-count bill of information alleging illegal reentry of a removed alien, in violation of Title 8 United States Code, Section 1326(a).
According to the bill of information, PEDRO BRITO-MARCOS reentered the United States on or about March 8, 2018, after having been previously removed therefrom on or about January 19, 2018.
PEDRO BRITO-MARCOS faces a maximum term of imprisonment of two years, a fine of up to $250,000.00, one year of supervised release after imprisonment, and a $100 special assessment. U.S. District Judge Susie Morgan set sentencing for September 6, 2018.
U.S. Attorney Evans praised the work of the United States Department of Homeland Security, Immigration and Customs Enforcement in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution
Guatemalan Man Sentenced for Violation of the Federal Gun Control ActRead the Press Release
U.S. Attorney Duane A. Evans announced that MISAEL BERNAL, age 33, a citizen of Guatemala, was sentenced today after previously pleading guilty to a one-count indictment for violating the Federal Gun Control Act. Court records indicate that BERNAL was in the country illegally when he was observed by neighbors repeatedly shooting a gun into the air. Officers of the New Orleans Police Department responded to the scene and took BERNAL into custody after confiscating a 9mm handgun and ammunition. It is a violation of federal law for illegal aliens to possess firearms or ammunition.
U.S. District Court Judge Eldon E. Fallon sentenced BERNAL to 12 months in the custody of the Bureau of Prisons. Following the completion of his sentence, BERNAL will be surrendered to the custody of U.S. Immigration and Custom Enforcement for removal proceedings.
U.S. Attorney Evans praised the agents of Homeland Security Investigations and the officers of the New Orleans Police Department in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
Grapevine Texas Man Pleads Guilty to Federal Hate Crime Against an African-American FamilyRead the Press Release
Glenn Eugene Halfin, 64, from Grapevine, Texas, appeared today before U.S. Magistrate Judge Jeffrey L. Cureton in the U.S. District Court for the Northern District of Texas and pleaded guilty to a federal charge of interfering with an African-American family’s housing rights, announced Acting Assistant Attorney General John Gore of the Civil Rights Division and U.S. Attorney Erin Nealy Cox of the Northern District of Texas.
According to court documents, Halfin threatened force, intimidated, and interfered with a family because of their race and occupancy of an apartment that was located directly above his own apartment.
According to documents filed in connection with the guilty plea, on Dec. 19, 2017, Halfin purchased a baby doll at a Wal-Mart in Grapevine, Texas. He took a rope, fashioned it into a noose, and hung the baby doll from the noose. Halfin then hung the rope noose and baby doll on the railing directly in front of the only staircase the family could use to access their apartment. Halfin did so, knowing that this display would be particularly intimidating for the family who had a young daughter. In addition, the defendant referenced in his factual basis repeated intimidation of and interference with the same African-American family on other occasions.
“The Justice Department will not tolerate acts of intimidation and fear, or illegal threats against any individual or family because of their race,” said Acting Assistant Attorney John Gore. “We will continue to prosecute hate crime offenders.”
“No one should be afraid to go home at night,” said U.S. Attorney Erin Nealy Cox. “Our community will not tolerate crimes of intimidation or bigotry, and my office will continue to prosecute all those who persecute others based on their race, color, ethnicity, or religious beliefs.”
Halfin faces a statutory maximum penalty of no more one year in federal prison and a $100,000 fine. His sentencing is scheduled for October 24.
This case was investigated by the FBI and the Grapevine Police Department. The case was prosecuted by Trial Attorney Rebekah Bailey of the Civil Rights Division’s Criminal Section and Assistant United States Attorney Nicole Dana.
Grapevine Texas Man Pleads Guilty to Federal Hate Crime Against an African-American FamilyRead the Press Release
DALLAS — Glenn Eugene Halfin, 64, from Grapevine, Texas, appeared today before U.S. Magistrate Judge Jeffrey L. Cureton in the U.S. District Court for the Northern District of Texas and pleaded guilty to a federal charge of interfering with an African-American family’s housing rights, announced U.S. Attorney Erin Nealy Cox of the Northern District of Texas and Acting Assistant Attorney General John Gore of the Civil Rights Division.
According to court documents, Halfin threatened force, intimidated, and interfered with a family because of their race and occupancy of an apartment that was located directly above his own apartment.
According to documents filed in connection with the guilty plea, on Dec. 19, 2017, Halfin purchased a baby doll at a Wal-Mart in Grapevine, Texas. He took a rope, fashioned it into a noose, and hung the baby doll from the noose. Halfin then hung the rope noose and baby doll on the railing directly in front of the only staircase the family could use to access their apartment. Halfin did so, knowing that this display would be particularly intimidating for the family who had a young daughter. In addition, the defendant referenced in his factual basis repeated intimidation of and interference with the same African-American family on other occasions.
“No one should be afraid to go home at night,” said U.S. Attorney Erin Nealy Cox. “Our community will not tolerate crimes of intimidation or bigotry, and my office will continue to prosecute all those who persecute others based on their race, color, ethnicity, or religious beliefs.”
“The Justice Department will not tolerate acts of intimidation and fear, or illegal threats against any individual or family because of their race,” said Acting Assistant Attorney John Gore. “We will continue to prosecute hate crime offenders.”
Halfin faces a statutory maximum penalty of no more one year in federal prison and a $100,000 fine. His sentencing is scheduled for a later date.
This case was investigated by the FBI and the Grapevine Police Department. The case was prosecuted by Trial Attorney Rebekah Bailey of the Civil Rights Division’s Criminal Section and Assistant United States Attorney Nicole Dana.
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Franklinton Man Pleads Guilty to Cocaine ConspiracyRead the Press Release
U.S. Attorney Duane A. Evans announced that DERRICK WILSON, age 34, of Franklinton, Louisiana, pled guilty today to conspiring to distribute a quantity of cocaine hydrochloride, stemming from a September 27, 2015, traffic stop in Kenner, during which police seized one-half kilogram of powder cocaine from a car that he occupied with his girlfriend and codefendant, Dominique Wise. WILSON faces a maximum sentence of 20 years in prison, a fine of up to $1,000,000 and at least three years of supervised release.
U.S. District Judge Martin L.C. Feldman scheduled sentencing for WILSON on October 10, 2018.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration, Plaquemines Parish Sheriff’s Office, and Kenner Police Department in investigating this matter. Assistant United States Attorney Brandon Long is in charge of the prosecution.
Four Leaders of La Asociación Ñeta Prison Gang Found Guilty for Violating the Rico Act in Puerto RicoRead the Press Release
SAN JUAN, Puerto Rico – Yesterday evening, after a 10-day trial, a jury found four members of La Asociación ÑETA guilty of racketeering, and drug trafficking, announced Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico. United States District Court visiting Judge Timothy Hillman presided over the trial. As of today, 26 defendants have plead guilty, 19 defendants are pending trial and one defendant passed away.
The jury found defendants Rolando Millán-Machuca, a.k.a. “Rolo”; Miguel Rivera-Calcaño, a.k.a. “Guelo/ Kikirimiau”; Roberto Casado-Berríos, a.k.a. “Bobe/Bobel”; and Giordano Santana-Meléndez, a.k.a. “Viejo Ten” guilty of violating the Racketeer Influenced and Corrupt Organizations Act (RICO), and of participating in a conspiracy to possess with intent to distribute controlled substances. Rolando Millán-Machuca was also found guilty of murder in aid of racketeering activity for the murder of Alexis Rodríguez-Rodríguez, a.k.a. “Alexis El Loco” on November 6, 2014.
In May 2016, a federal indictment was unsealed charging 50 members of La Asociación ÑETA a prison gang that operated in the prisons of the Puerto Rico Department of Corrections and Rehabilitation (“PRDCR”). La Asociación ÑETA is a criminal organization that engages in drug trafficking and murder. The main purpose of the organization is to make money. Inmates originally formed La Asociación ÑETA as a means to advocate for their rights within the PRDCR. The enterprise, however, evolved into a criminal organization that engaged in drug trafficking and murder within the prisons of the PRDCR, as it was proven during trial through testimony and evidence. The enterprise makes money by introducing multi-kilogram quantities of drugs into the PRDCR prisons for profit, and by engaging in murders for hire.
Assistant U.S. Attorney Victor O. Acevedo-Hernández was in charge of the prosecution of the case with the assistance of AUSA Scott Anderson. The FBI and the Puerto Rico Department of Corrections collaborated during the investigation. The now convicts face 10 years up to life in prison. Rolando Millán-Machuca faces a mandatory life sentence for the murder of Alexis Rodríguez-Rodríguez, a.k.a. “Alexis El Loco.”
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Former Registered Broker Sentenced to 41 Months in Prison for Stock FraudRead the Press Release
Earlier today, in federal court in Brooklyn, Darren Goodrich, a former registered broker at a brokerage firm in El Segundo, California, was sentenced by United States District Judge Eric N. Vitaliano to 41 months’ imprisonment for one count of conspiracy to commit securities fraud for Goodrich’s participation in the manipulation of the price and trading volume of the stock of Cubed, Inc. (“Cubed”), which traded under the ticker symbol CRPT. In a second stock fraud case that originated in the District of New Jersey, Judge Vitaliano sentenced Goodrich to 41 months’ imprisonment for one count of conspiracy to commit securities fraud for Goodrich’s participation in the manipulation of the price and trading volume of the following stocks: NXT Nutritional Holdings, Inc., which traded under the ticker symbol NXTH; Bioneutral Group, Inc., which traded under the ticker symbol BONU; Clear-Lite Holdings, Inc., which traded under the ticker symbol CLRH; and Mesa Energy Holdings, Inc., which traded under the ticker symbol MSEH (collectively, the “Target Companies”). Goodrich pleaded guilty to the Cubed case in June 2016 and the Target Companies case in January 2017. The sentences for both cases will run concurrently.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the sentences.
“Goodrich has been held responsible for participating in schemes designed to dupe investors into believing that companies with little in the way of assets were worth hundreds of millions of dollars,” stated United States Attorney Donoghue. “Today’s sentence sends a powerful message that this Office, together with our law enforcement partners, will hold licensed securities professionals accountable when they abuse their positions to facilitate the commission of crimes.” Mr. Donoghue expressed his appreciation to the U.S. Attorney’s Office for the District of New Jersey, which charged Goodrich in the Target Companies scheme, and the Securities and Exchange Commission (“SEC”), New York Regional Office, for its assistance in both of these cases.
“Goodrich used his status as a step stool to help him achieve his objectives in this sly scheme, in which he manipulated various securities for an illegal million-dollar profit,” stated FBI Assistant Director-in-Charge Sweeney. “By this activity, schemers like Goodrich continuously tarnish the reputation of trust and professionalism held to countless brokerage firms. In an effort to maintain this reputation, the FBI will be thorough in investigating and extracting the bad seeds of the financial industry.”
The Cubed Scheme
Between March 2014 and July 2014, Goodrich and his co-conspirators, including Abraxas J. Discala, who was recently convicted at trial, engaged in a scheme to defraud investors and potential investors in Cubed, by artificially controlling the price and trading volume of shares in the company through fraudulent concealment of the co-conspirators’ ownership interests and engineering price movements and trading volume in the stock. In March 2014, Goodrich’s co-conspirators took Cubed public through an asset purchase agreement, similar in effect to a reverse merger. Between April 22, 2014 and July 17, 2014, Goodrich and his co-conspirators placed coordinated purchases and bids to purchase the stock to deceive investors into believing that there was more market demand for the stock at certain prices than actually existed.
Goodrich and his co-conspirators also used an escrow arrangement that initially controlled all the free-trading stock to successfully control the price and trading volume of Cubed stock. On June 23, 2014, Cubed reached its highest closing price of $6.75 per share, resulting in a market capitalization of approximately $200 million. Previously, on April 21, 2014, Cubed had filed with the SEC a Form 10-Q and reported less than $1,500 in cash, zero revenue, negative stockholders’ equity, a net loss of $15,000 and accrued professional fees of $131,824. The SEC halted trading in Cubed on July 17, 2014.
The Target Companies Scheme
From 2008 through 2010, Goodrich, working with co-conspirators Nathan Montgomery and Samuel DelPresto, who both pleaded guilty in the District of New Jersey to conspiring to commit securities fraud, participated in a pump and dump scheme. As part of the scheme, the defendants obtained control over large blocks of the free-trading shares of the Target Companies, “pumped” the price of those shares by engaging in manipulative trading of the stock and circulated promotional materials encouraging others to purchase the stock. Thereafter, the defendants “dumped”, or sold, large volumes of the stock to victim investors. The Target Companies’ stock price then dropped, resulting in substantial losses to the victims. The scheme generated approximately $33 million in illicit trading proceeds for Montgomery and DelPresto. Goodrich received approximately $1.5 million in gross trading commissions.
The government’s case is being handled by the Office’s Business and Securities Fraud Section. Assistant United States Attorneys Shannon C. Jones, Patrick T. Hein and Mark E. Bini are in charge of the prosecution, with assistance provided by Assistant United States Attorney Claire Kedeshian of the Office’s Civil Division, which is responsible for the forfeiture of assets. Assistant United States Attorney Nicholas P. Grippo investigated and charged Goodrich in the District of New Jersey in the Target Companies Scheme, prior to the transfer of the case to the Eastern District of New York for Goodrich’s guilty plea and sentencing.
The Defendant:
DARREN GOODRICH
Age: 39
Manhattan Beach, CaliforniaE.D.N.Y. Docket No. 14-CR-399 (ENV)
E.D.N.Y. Docket No. 16-CR-630 (ENV)
D.N.J. Docket No. 16-CR-544 (JLL)Former Postal Carrier Sentenced on Bribery ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Dennis Bernhard, 56, of Derby, N.Y., who was convicted of bribery, was sentenced to time served, and one year supervised release, to include three months home confinement by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorneys Wei Xiang and Jeremy V. Murray, who handled the case, stated that Bernhard was a mail carrier for the United States Postal Service for 16 years, working out of the Eastside Station Post Office for the last 10 years. The Eastside Station covers the east side of the City of Buffalo. The investigation began when law enforcement officials learned that Bernhard had previously been paid by drug dealers to provide addresses of unsuspecting citizens in the City of Buffalo in order to mail boxes of narcotics. These addresses were within the defendant’s mail delivery route, so that when the boxes arrived in Buffalo, Bernhard did not deliver the boxes to the listed recipient address, but held on to the boxes and handed them directly to the drug dealers in exchange for cash payments.
When police approached Bernhard during an undercover operation in 2015, the defendant indicated he was willing to continue the scheme. During one transaction, Bernhard even said that one of the prior drug dealers “treated me pretty good. . . . at the end he was giving me like a hundred. . . .” (referring to $100 per box).
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Gary Loeffert, the United States Postal Inspection Service, under the direction of Acting Inspector in Charge Raymond Moss, the United States Postal Service, Office of the Inspector General, under the direction of Special Agent in Charge Kenneth Cleevely, Eastern Area Field Office, Philadelphia, PA, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge Kevin Kelly.
Former Kansas Highway Patrol Trooper Sentenced for Using Excessive ForceRead the Press Release
TOPEKA, KAN. – Former Kansas Highway Patrol Trooper James Carson was sentenced today to nine months in prison for violating an individual’s civil rights by using excessive force, said U.S. Attorney Stephen McAllister.
Carson pleaded guilty to one count of violating civil rights in his capacity as a law enforcement officer. In his plea, he admitted he used unreasonable force against a man he arrested, R.T. Carson conducted a lawful arrest and then transported R.T. to the Labette County Jail, where at least five other law enforcement officials were present. As Carson removed R.T. from the patrol vehicle and escorted him into the booking area, R.T.’s hands were cuffed behind his back. Without warning, Carson kicked the legs out from underneath R.T., causing R.T. to crash down on his back onto the floor. Carson admitted in court that he used force against R.T. for the purpose of punishment and not for a legitimate law enforcement purpose.
As part of the plea agreement, Carson agreed to surrender his law enforcement credentials and never again accept any employment related to law enforcement.
McAllister commended FBI, the Kansas Bureau of Investigation, Assistant U.S. Attorney Jared Maag of the United States Attorney’s Office and Trial Attorney Rose Gibson of the Civil Rights Division’s Criminal Section for their work on the case.
Former Head of Nonprofit Sentenced to Prison for Defrauding Mental Health Clinic Out of over $2 MillionRead the Press Release
A former head of a Philadelphia nonprofit mental health clinic was sentenced to 82 months in prison for perpetrating a multiyear fraud scheme through which she stole over $2 million from the clinic that she headed, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney William M. McSwain for the Eastern District of Pennsylvania.
On June 23, 2017, a jury found Renee Tartaglione, 62, of Philadelphia, Pennsylvania, guilty of 53 counts of conspiracy, fraud, theft and tax crimes. Today, U.S. District Court Judge Joel H. Slomsky sentenced Tartaglione to serve 82 months in prison followed by three years of supervised release. In addition, Judge Slomsky ordered Tartaglione to forfeit $2,401,850 in proceeds from her scheme and to pay $2,339,691 in restitution to the Pennsylvania Attorney General’s Office, which will hold that money in trust until a successor charitable organization can be identified.
“Renee Tartaglione abused her position at a community clinic and stole over $2 million from important taxpayer-funded programs for individuals in need of mental health treatment,” said Acting Assistant Attorney General Cronan. “Her conviction and sentence should send a clear message that the Department of Justice and our federal and state partners will aggressively work to bring to justice those who defraud institutions devoted to serving individuals in need.”
“The defendant funneled millions of dollars, meant to help economically disadvantaged people with mental health issues, into her own pockets to finance her comfortable lifestyle,” said U.S. Attorney McSwain. “Today’s sentence reinforces the basic precept that nonprofit organizations – especially those that provide important services to the disadvantaged – exist for the people they serve and not for the personal enrichment of their leaders.”
According to the evidence presented at trial, between 2007 and 2015, Tartaglione, as President of the Board of Directors of the Juniata Community Mental Health Clinic (JCMHC), defrauded and stole money from JCMHC through a series of actions designed to benefit her personally at the expense of the clinic. Tartaglione purchased a building on 3rd Street in Philadelphia that housed the clinic and then raised the rent repeatedly, causing the clinic’s rent to increase from $4,500 per month to $25,000 per month.
Additionally, in 2010, Tartaglione’s company, Norris Hancock LLC, acquired an interest in a building on 5th Street, and Tartaglione began causing the clinic to spend money to improve that building. In December 2012, Tartaglione leased the 5th Street building to JCMHC for $35,000 per month for the first two years, and $75,000 per month for the next three years. The rent Tartaglione charged the nonprofit clinic at both buildings was substantially higher than market rates.
None of the JCMHC rent increases or the lease agreements were approved by JCMHC’s Board of Directors. The evidence further showed that Tartaglione and her co-conspirators created false and fictitious documents in an attempt to make the transactions appear legitimate.
This case was investigated by the FBI, IRS Criminal Investigation, and the Philadelphia Office of the Inspector General. The case was prosecuted by Assistant U.S. Attorney Bea Witzleben of the Eastern District of Pennsylvania and Trial Attorney Peter N. Halpern of the Criminal Division’s Public Integrity Section.
Former Director of Fixed Income and Head of Portfolio Strategy at New York State Common Retirement Fund Is Sentenced to 21 Months for “Pay-To-Play” Bribery SchemeRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that NAVNOOR KANG, the former Director of Fixed Income and Head of Portfolio Strategy at the New York State Common Retirement Fund (“NYSCRF”), was sentenced today in Manhattan federal court to 21 months in prison for participating in a massive “pay-to-play” bribery scheme involving the nation’s third largest public pension fund. KANG pled guilty to conspiracy to commit securities fraud and conspiracy to commit honest services wire fraud on November 8, 2017, before U.S. District Judge J. Paul Oetken, who also imposed today’s sentence.
U.S. Attorney Geoffrey S. Berman said: “Combining public corruption with securities fraud, Navnoor Kang betrayed his duty to safeguard public retirement money, bought off with jewelry, cash, drugs, strippers, and prostitutes. His crimes have bought him a prison sentence.”
According to the Indictment charging KANG, other filings in Manhattan federal court, and statements made during the sentencing proceeding:
The NYSCRF is a pension fund administered for the benefit of public employees of the State of New York. From January 2014 through February 2016, KANG served as Director of Fixed Income and Head of Portfolio Strategy for the NYSCRF. In that capacity, KANG was responsible for investing more than $53 billion in fixed-income securities and was entrusted with discretion to manage those investments on behalf of the NYSCRF. KANG owed a fiduciary duty to the NYSCRF and its members and beneficiaries, and was required to make investment decisions in their best interests and free of any conflict of interest. New York State law and NYSCRF policies prohibited KANG and other NYSCRF employees from receiving any bribes, gifts, benefits, or consideration of any kind.
KANG’s Scheme to Steer NYSCRF Fixed-Income Business in Exchange for Secret Bribes
From 2014 through 2016, KANG and others participated in a scheme to defraud the NYSCRF and its members and beneficiaries, and to deprive the NYSCRF of its intangible right to KANG’s honest services. The scheme involved, among other things, an agreement among KANG, Deborah Kelley, a managing director of institutional fixed income sales at a New York-based broker-dealer (“Broker-Dealer-1”), and Gregg Shonhorn, a vice president of fixed income sales at a New York-based broker-dealer (“Broker-Dealer-2”), to pay KANG bribes – in the form of entertainment, travel, lavish meals, prostitutes, nightclub bottle service, narcotics, tickets to sports games and other events, luxury gifts, and cash payments for strippers and KANG’s personal expenses – in exchange for fixed-income business from the NYSCRF. Such bribes – which totaled more than $100,000 – were strictly forbidden by the NYSCRF, and were paid secretly and without any disclosure to the NYSCRF and its members and beneficiaries concerning the conflicts of interest inherent therein.
In exchange for the bribes paid by Kelley, Schonhorn, and others, KANG used his position as Director of Fixed Income and Head of Portfolio Strategy at the NYSCRF to promote the interests of Kelley, Schonhorn, and their respective brokerage firms. KANG steered more than $2 billion in fixed-income business to Broker-Dealer-1 and Broker-Dealer-2, from which Kelley, Schonhorn, and their respective employers earned millions of dollars in commissions from the NYSCRF. In so doing, KANG, with the knowledge and approval of Kelley and Schonhorn, breached his fiduciary duty to make investment decisions in the best interest of the NYSCRF and its members and beneficiaries, and free of conflict, and deprived the NYSCRF of its intangible right to KANG’s honest services.
As the bribes paid by Schonhorn to KANG increased, so too did Broker-Dealer-2’s fixed-income business with the NYSCRF. The value of the NYSCRF’s domestic bond transactions with Broker-Dealer-2 skyrocketed from zero in the fiscal year ending March 31, 2013, to approximately $1.5 million in the fiscal year ending March 31, 2014, to approximately $858 million in the fiscal year ending March 31, 2015, and to approximately $2.378 billion in the fiscal year ending March 31, 2016. Broker-Dealer-2 became the third largest broker-dealer with which the NYSRCF executed domestic bond transactions for the fiscal year ending March 31, 2016, having not even been on the approved list in the fiscal year ending March 31, 2013. As the NYSCRF’s third largest broker-dealer in this asset class, Broker-Dealer-2 brokered approximately eight percent of the total value of the NYSCRF’s domestic bond transactions – a figure greater than that of all but two of the major international banks and brokerage houses on the list. Similarly, the value of NYSCRF’s domestic bond transactions with Broker-Dealer-1 increased from zero in the fiscal year ending March 1, 2014, to approximately $156 million in the fiscal year ending March 1, 2015, and to approximately $179 million in the fiscal year ending March 1, 2016.
KANG’s Obstruction of Justice
In late 2015, the Securities and Exchange Commission (“SEC”) opened an investigation into the entertainment and benefits that Kelley had provided KANG, and the SEC subpoenaed both KANG and Kelley for their testimony. In advance of their testimony, KANG and Kelley agreed to align their stories and each testified falsely under oath before the SEC about expenses Kelley had paid for KANG. Moreover, after a federal grand jury investigation was opened, KANG instructed Schonhorn to testify falsely before the grand jury, and KANG admitted that he had hidden relevant evidence.
* * *
KANG, 39, of Los Angeles, California, was also sentenced to three years of supervised release, ordered to forfeit $ $78,716, and to pay restitution to the NYSCRF in the amount of $242,724.17.
Kelley and Schonhorn have each pled guilty for participating in the scheme. Kelley was sentenced by Judge Oetken to three years of probation.
Mr. Berman praised the investigative work of the Federal Bureau of Investigation. He also thanked the SEC, which filed civil charges against Kang, Kelley, and Schonhorn in a separate civil action, and the Office of Inspector General for the Office of the New York State Comptroller, for their assistance.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Edward A. Imperatore and Joshua A. Naftalis are in charge of the prosecution.
Former Border Patrol Agent Pleads Guilty to Conspiracy to Distribute 4ANPP Used in the Manufacturing of FentanylRead the Press Release
Assistant U. S. Attorney Sherri Hobson (619) 961-0287
NEWS RELEASE SUMMARY – July 12, 2018
SAN DIEGO – Former U.S. Border Patrol Agent Cesar Daleo pleaded guilty in federal court today to drug charges, admitting that he conspired to distribute the precursor chemical known as “4ANPP,” the primary ingredient for manufacturing deadly fentanyl.
Daleo was arrested on August 29, 2017, while trying to drive into Mexico with a package that he believed contained 4ANPP (4-anilino-N-phenethyl-4-piperidine), a Schedule II Controlled Substance. According to court records, Daleo had just picked up the package, shipped from China, at a post office box in San Ysidro. He had previously picked up 13 other packages from the same post office box.
Unbeknownst to Daleo, a few weeks earlier on August 11, 2017, a U.S. Customs and Border Protection agent stationed at Los Angeles International Airport had intercepted a package from China and discovered it contained 4ANPP. Homeland Security Investigations agents then replaced the 4ANPP with a harmless substance and waited for someone to pick it up at its destination in San Ysidro, California. When Daleo did so, and then headed to Mexico, he was intercepted by law enforcement before crossing the border. Daleo admitted today in court that there was an agreement to distribute 4ANPP and that he joined the agreement knowing its purpose and intending to help accomplish that purpose.
Daleo admitted in his plea agreement that, starting at least in December of 2016, he picked up multiple parcels at the mail box facility in San Ysidro. After picking up these parcels, which were shipped from China, Daleo was paid to transport the parcels to Mexico.
He also admitted that some of the parcels contained a substance that could be used to manufacture more illegal drugs. One kilogram of precursor 4ANPP was seized that day - enough to manufacture approximately 25 kilograms of fentanyl in a Mexican drug lab.
Daleo is scheduled to be sentenced before U.S. District Judge Gonzalo Curiel on September 28, 2018, at 8:30 a.m.
Daleo also faces federal charges in a second case, 18cr2968. He was indicted by a federal grand jury in April for conspiring to illegally smuggle sea cucumbers and sea horses protected by the Convention on International Trade in Endangered Species into the United States from Mexico.” The next hearing is set for July 27, 2018, at 11:30 am.
DEFENDANT Case Number 17-cr-3041
Cesar Daleo Age: 47 San Ysidro
SUMMARY OF CHARGES
Conspiracy to Distribute Controlled Substances, 4ANPP – Title 21, U.S.C., Section 841 and 846
Maximum penalty: Twenty years in prison and $500,000 fine
AGENCY
Homeland Security Investigations
U.S. Customs and Border Protection
U.S. Postal Inspection Service
U.S. Drug Enforcement Administration
U.S. Fish and Wildlife Service
Former Bank Employee Charged with EmbezzlementRead the Press Release
BOSTON – A former bank employee was indicted today in federal court in Worcester in connection with embezzling money from client accounts held by the bank by which she was employed.
Jessica Vargas, 34, of Athol, was indicted on one count of bank fraud and two counts of bank embezzlement. Vargas was charged by criminal complaint and arrested in March 2018.
According to the charging documents, Vargas was an employee of a federally-insured bank when she embezzled approximately $108,000 by making unauthorized cash withdrawals from customer accounts. Bank documentation showed that Vargas made unauthorized withdrawals from the accounts of various customers, including more than $53,000 from the account of an 84-year-old bank customer and almost $13,000 from the account of an 88-year-old customer.
For each count, Vargas faces a sentence of no greater than 30 years in prison, five years of supervised release, and a fine of $1 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Bill Abely of Lelling’s Worcester Branch Office 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.
Five Men Charged in Connection with Coggon DeathRead the Press Release
Chase Daniel Zerba, age 20, from Coggon, Iowa, Tyler Michael Clemens, age 23, from Alburnett, Iowa, and Cameron Lee Klouda, age 21, from Coggon, Iowa, have each been charged with one count of conspiracy to distribute marijuana and using, carrying, brandishing, and discharging a firearm during a drug trafficking crime. Zerba and Clemens have also been charged with being drug users in possession of a firearm. The charges are contained in an Indictment unsealed today in United States District Court in Cedar Rapids.
Dillon Craig Beener, age 21, and Kordell Maurice Jones, age 19, both from Cedar Rapids, Iowa, have each been charged with one count of attempted robbery and using, carrying, and brandishing a firearm during a crime of violence. The charges are contained in a Complaint unsealed on July 11, 2018, in United States District Court in Cedar Rapids.
The Complaint alleges that, on February 1, 2017, law enforcement officers responded to an address in Coggon after receiving a 911 call regarding a shooting. When officers arrived, they located an individual deceased in the front yard of the residence. This individual had been shot at close range with a shotgun.
According to the allegations in the Complaint, prior to the shooting, the victim of the shooting along with Beener and Jones, left Cedar Rapids to travel to Coggon. The complaint alleges that their intent was to meet Zerba and rob him of marijuana. The three men brought a .40 caliber Hi-Point pistol with them to use during the robbery. When they arrived at Zerba’s residence, Clemens, Klouda, and Zerba were all seated in a minivan parked in the driveway. Beener approached the minivan and spoke with the three people in it. Beener then returned to his car, and the victim, Beener, and Jones approached the minivan to meet with Zerba, Clemens, and Klouda. The victim was in possession of the firearm and spoke briefly to the occupants of the minivan. He then raised his firearm and demanded that Zerba provide them with the marijuana. Zerba yelled “get it up” and one of the occupants of the minivan fired one round from a shotgun out the passenger side window into the victim’s head.
It is also alleged that during a search of the scene, police located $60 in the victim’s pocket. A .40 caliber Hi-Point pistol was located near his body. The pistol was loaded, with a round in the chamber and the safety off. In the minivan, police located marijuana in a backpack in the left rear seat “stow and go” compartment. The marijuana was packaged in six separate containers and totaled 386.91 grams of marijuana. Police also located multiple jars of marijuana wax in this same backpack.
If convicted on all charges, Zerba, Clemens, and Klouda face a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, at least $500,000 in fines, and at least five years of supervised release following any imprisonment. Beener and Jones face a mandatory minimum sentence of 7 years’ imprisonment and a possible maximum sentence of life imprisonment, a $500,000 fine, and six years of supervised release following any imprisonment.
Jones appeared on July 11, 2018, in federal court in Cedar Rapids and was held without bond pending a preliminary and detention hearing on July 16, 2018. Zerba, Clemens, and Klouda appeared today in federal court in Cedar Rapids and were held without bond pending a detention hearing on July 16, 2018.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Lisa C. Williams and investigated by the Linn County Sheriff’s Office.
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.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 18-cr-0059 and 18-mj-00237.
Follow us on Twitter @USAO_NDIA.
Federal Indictment Charges 13 Wichita Falls Residents in a Drug ConspiracyRead the Press Release
Federal Indictment Charges 13 Wichita Falls Residents in a Drug ConspiracyWICHITA FALLS, Texas — Thirteen defendants were charged earlier this week in a one-count federal Indictment, for their role in a large-scale methamphetamine distribution conspiracy announced Erin Nealy Cox, U.S. Attorney for the Northern District of Texas today at a press conference.
Twelve of the thirteen individuals were arrested and made their initial appearance in federal court in Wichita Falls before U.S. Magistrate Judge Hal R. Ray, Jr. Eleven still remain in custody. One defendant is still at-large.
Those arrested include:
Lawrence Martin Boone, 51, Wichita Falls, Texas
Alicia Lane Murfield, 24, Wichita Falls, Texas
Ashleh Dawn Bowen 22, Wichita Falls, Texas
Charles Cheatle 43, Wichita Falls, Texas
Allyssa Marie Curry, also known as “Allyssa Marie Rogers” 29, Wichita Falls, Texas
Alexis Leigh Deleon 24, Wichita Falls, Texas
Brandon Shane Eustice 32, Wichita Falls, Texas
Michael David House 33, Wichita Falls, Texas
Michael Steven Mello 49, Wichita Falls, Texas
Justin Brian Onstead 23, Wichita Falls, Texas
Jason Alan Smith 44, of Abilene, Texas
Timothy Wayne Tatom 55, Wichita Falls, Texas
According to the Indictment filed in the case, the conspiracy began in March 2017, and operated until approximately January 10, 2018. The Indictment also contains a forfeiture notice that includes seven handguns and over $20,000 of U.S. Currency.
“These arrests are the results of a 14-month joint investigation with state, local and federal authorities,” stated U.S. Attorney Nealy Cox. “We have invested additional resources to fight the trafficking of dangerous drugs and violent crime in Wichita Falls, and we are now seeing the results of this increased presence.”
A federal criminal Indictment is a written statement of the essential facts of the offense charged. A defendant is entitled to the presumption of innocence until proven guilty. If convicted, the defendant’s sentence will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record, the defendant’s role in the offense and the characteristics of the violation.
If convicted, each defendant faces a maximum statutory penalty of 20 years in federal prison and a $1,000,000 fine.
Department of Public Safety, Criminal Investigation Division; Wichita Falls PD; Wichita County District Attorney’s Office, Drug Enforcement Division; Rhome PD; and the Iowa Parks PD are investigating. Assistant U.S. Attorney L. Rachael Jones is in charge of the prosecution.
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Federal Grand Jury Returns Indictments Charging 67 IndividualsRead the Press Release
MACON: Charles E. Peeler, United States Attorney for the Middle District of Georgia, announces that a Grand Jury, sitting in Macon Georgia, has returned indictments charging 67 individuals. An indictment is only an allegation of criminal conduct. All of the defendants are presumed innocent until and unless proven guilty in a court of law beyond a reasonable doubt. “I want to thank our Federal, State and local law enforcement partners for their hard work bringing these cases before the Federal Grand Jury,” said United States Attorney Peeler.
Indictment #1:
DUSTIN CAMPBELL, age 35, of Dandridge, Tennessee, is charged with one count of wire fraud. If convicted, Mr. Campbell faces up to twenty years imprisonment, a fine of up to $250,000, or both.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Melvin E. Hyde, Jr.
Indictment #2:
MARQUITA TOOMBS, age 49, of Columbus, Georgia is charged in a six count indictment with one count of conspiracy to commit theft of public money and five counts of theft of public money. If convicted, Ms. Toombs faces up to five years imprisonment and a $250,000 fine on the conspiracy charge. If convicted on the theft of public money charges, Ms. Toombs faces up to ten years imprisonment and a $250,000 fine on each count.
This case was investigated by the Internal Revenue Service and is being prosecuted by Assistant United States Attorney Melvin E. Hyde, Jr.
Indictment #3:
BALBINO PEREZ, age 39, of Altamonte Springs, Florida, is charged with one count of Possession of Counterfeit and Unauthorized Access Devices, one count of Possession of Device-making Equipment and nineteen (19) counts of Aggravated Identity Theft. If convicted, Mr. Perez faces a maximum sentence of ten (10) years in prison, a $250,000 fine, or both, on each count related to access devices and two (years) in prison, a $250,000 fine, or both, on each of the aggravated identity theft counts.
JOSE ARANGO, age 43, of Altamonte Springs, Florida, is charged with one count of Possession of Counterfeit and Unauthorized Access Devices, one count of Possession of Device-making Equipment and nineteen (19) counts of Aggravated Identity Theft. If convicted, Mr. Perez faces a maximum sentence of ten (10) years in prison, a $250,000 fine, or both, on each count related to access devices and two (years) in prison, a $250,000 fine, or both, on each of the aggravated identity theft counts.
The case was investigated by the Tift County Sheriff’s Office and the United States Secret Service and is being prosecuted by Assistant U.S. Attorney Robert D. McCullers.
Indictment #4:
DEONTAE WATKINS, age 36; TRAVIS TISE, age 40; LATISHA MANNINGS, age 34; ROBERT SHEPARD, age 56; FREDERICK MILLER, age 45; TYQUAN WILLIAMS, age 26; ALEX PRICE, age 40; CHANDRA MARSHALL, age 37; ERICA KINDER, age 40; ETOYO JONES, age 36; LANDIS ROLLINS, age 46; TYRONE KING, age 42; WILLIAM BOOZER, age 53; CLAMINTA MCGRIFF, age 43; and MICHAEL COLLIER, age 48, all of Cairo, Georgia, are charged with one (1) count of conspiracy to possess with intent to distribute cocaine and cocaine base. If convicted, each defendant faces a maximum sentence of forty (40) years in prison, a $5,000,000 fine, or both, on each count.
The case was investigated by the Bainbridge Department of Public Safety and Cairo Police Department. Assistant U.S. Attorney Leah E. McEwen is prosecuting the case for the Government.
Indictment #5:
COLBY RAY COCHRAN, age 23, of Warrenton, Oregon, is charged in a five-count indictment with one count of sexual exploitation of a child, one count of coercion and enticement of a minor, one count of transfer of obscene material to a minor, one count of interstate extortion, and one count of offense by a registered sex offender. If convicted, Mr. Cochran faces a mandatory minimum sentence of 15 years, up to a maximum of life imprisonment on count one; a mandatory minimum of 10 years, up to a maximum of life imprisonment on count two; a maximum of 10 years imprisonment on count three, a maximum of two years imprisonment on count two;, and a sentence 10 years imprisonment consecutive to counts one, two, and three, on count 5. Each count carries a maximum 250,000.00. A conviction on count one or two carries a mandatory minimum of 5 years, up to a maximum of lifetime supervised release.
The case was investigated by the Federal Bureau of Investigation and the Clatsop County (Oregon) Sheriff’s Office and is being prosecuted by Assistant U.S. Attorney Crawford Seals.
Indictment #6:
CODY BROUSSARD, age 34, of Lawrenceville, Georgia is charged with three (3) counts of controlled substance distribution—methamphetamine (Count 1), MDMA (Count 2) and marijuana (Count 3) If convicted, Mr. Broussard faces a maximum sentence of life in prison and a $10 million fine, or both as to Count 1, a maximum sentence of twenty (20) years imprisonment and a $1 million fine, or both as to Count 2 and a maximum sentence of five (5) years imprisonment and a $250,000 fine as to Count 3.
The case was investigated by the Calhoun County Sheriff’s Department, the Georgia Department of Corrections and the Drug Enforcement Administration and is being prosecuted by Assistant U.S. Attorney Leah E. McEwen.
Indictment #7:
AVERY DANIELLE BAKER, age 36, of Thomasville, Georgia, is charged with Failure to Register as a Sex Offender. If convicted, Mr. Baker faces a maximum sentence of ten (10) years in prison, and a $250,000 fine, or both.
The case was investigated by the United States Marshal Service, Thomas County Sheriff’s Office (Georgia) and the Jefferson County Sheriff’s Office (Alabama) and is being prosecuted by Assistant U.S. Attorney Sonja Profit.
In addition to the above indictments, six individuals were indicted for firearms offenses. All of these cases were 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.
Those charged for firearms offenses are:
1. EDWARD WALKER, age 36, of Columbus, Georgia, is charged with possession of a firearm by a convicted felon, possession of methamphetamine with intent to distribute, and possession of a firearm in furtherance of a drug trafficking crime. If convicted, Mr. Walker faces up to ten years imprisonment for possession of a firearm by a convicted felon, a fine of up to $250,000, or both. If convicted for possession of methamphetamine with intent to distribute, Mr. Walker faces up to twenty years imprisonment, a fine of up to $5,000,00, or both. If convicted for possession of a firearm in furtherance of a drug trafficking crime, Mr. Walker faces up to five years imprisonment, which must be served consecutive to any sentence imposed on the drug offense.
This case was investigated by the Columbus Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives, and is being prosecuted by Assistant United States Attorney Melvin E. Hyde, Jr.
2. JESSE WARREN, age 25, of Greenesboro, Georgia, is charged in with Possession with Intent to Distribute Methamphetamine (Count 1), Possession of a Firearm in Relation to a Drug Trafficking Offense (Count 2) and Possession of a Firearm by a convicted Felon (Count 3). If convicted, Mr. Warren faces a maximum sentence of twenty (20) years in prison, a $ 1 million dollar fine, or both, on Count 1; life imprisonment, a $250,000 fine, or both, on Count 2 and ten (10) years, a fine of $250,000, or both, on Count 3.
The case was investigated by the Greene County Sheriff’s Office and Bureau of Alcohol, Tobacco, Firearms and Explosives and is being prosecuted by Assistant U.S. Attorney Tamara Jarrett.3. TRAVON DIJON WARRIOR, age 25, of Valdosta, Georgia, is charged in Count One with Possession With Intent to Distribute Methamphetamine, in Count Two with Possessing a Firearm in Furtherance of a Drug Trafficking Crime, and in Count Three with Possession of a Firearm by a Convicted Felon. If convicted, Mr. Warrior faces a maximum sentence of twenty (20) years in prison, a $1,000,000 fine, or both on Count One; and mandatory minimum sentence of five (5) years in prison, and a maximum sentence of life imprisonment, and a $250,000 fine, or both on Count Two, and a maximum sentence of ten (10) years in prison, a $250,000 fine, or both on Count Three.
The case was investigated by the Valdosta Police Department and the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Sonja Profit.
4. MICHAEL WHITTINGTON, age 38, of Woodland, Georgia, is charged with one count of possession of methamphetamine in excess of 5 grams with intent to distribute and one count of possession of a firearm in furtherance of a drug trafficking crime. If convicted on count one, the defendant faces a mandatory minimum sentence of 5 years up to a maximum of 40 years imprisonment, and a fine of up to $1 million dollars, or both. Count two carries a mandatory minimum sentence of 5 years up to a maximum of life imprisonment consecutive to count one, and a fine of up to $250,000, or both.
The case was investigated by the Taylor and Talbot County Sheriff’s Offices and is being prosecuted by Assistant U.S. Attorney Crawford Seals.5. DAVID EARL BUTLER, age 28, of Valdosta, Georgia, is charged with one count of Possession of a Firearm by a Convicted Felon. If convicted, Mr.Butler faces a maximum sentence of ten (10) years in prison, a $250,000 fine, or both.
The case was investigated by the Lowndes County Sheriff’s Office and Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Julia C. Bowen.6. KENNETH DIAMOND FOUNTAIN, age 27, of Valdosta, Georgia, is charged with Possession of a Firearm by a Convicted Felon (Count 1), Possession with Intent to Distribute Marijuana (Count 2), Possession of a Firearm in Furtherance of a Drug Trafficking Crime (Count 3) and Possession of Cocaine (Count 4). If convicted, Mr. Fountain faces a maximum sentence of ten (10) years in prison, a $250,000 fine, or both, on Count One; a maximum sentence of five (5) years in prison, a $250,000 fine, or both, on Count Two; a maximum sentence of life imprisonment with a mandatory minimum sentence of five (5) years, which would be consecutive to all other sentences, as well as a $250,000 fine, or both, on Count Three; and a maximum sentence of twelve months imprisonment, a $1,000 fine, or both, on Count Four.
The case was investigated by the Lowndes County Sheriff’s Office and Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Julia C. Bowen.
Finally, 11 individuals were indicted for Illegal Reentry and are subject to deportation proceedings following their sentences, if convicted. Those indicted were:
1. JESUS ALONSO-JAIMES, age 42, a citizen of Mexico, is charged with Illegal Reentry after being deported and removed from the United States on December 7, 2016 and returning without the consent of the Attorney General or Secretary for Homeland Security to re-apply for admission. Mr. Alonso-Jaimes was found unlawfully in Athens-Clarke County, Georgia on July 2, 2018. If convicted, Mr. Alonso-Jaimes faces a maximum sentence of two (2) years in prison, a $250,000.00 fine, or both.
The case was investigated by the Immigration and Customs Enforcement, Enforcement and Removal Operations and is being prosecuted by Assistant U.S. Attorney Tamara Jarrett.
2. JESUS BELMONTES-GUDINO, age 40, a citizen of Mexico is charged with Illegal Reentry after being deported and removed from the United States on May 4, 2013 and March 2, 2017 and returning without the consent of the Attorney General or Secretary for Homeland Security to re-apply for admission. Mr. Belmontes-Gudino was found unlawfully in Terrell County, Georgia on April 25, 2018. If convicted, Mr. Belmontes-Gudino faces a maximum sentence of two (2) years in prison, a $250,000.00 fine, or both.
The case was investigated by the Immigration and Customs Enforcement, Enforcement and Removal Operations and is being prosecuted by Assistant U.S. Attorney Jim Crane.
3. CUTBERTO CHARLES-VALERO, age 46, a citizen of Mexico is charged with Illegal Reentry after being deported and removed from the United States on August 23, 2013 and returning without the consent of the Attorney General or Secretary for Homeland Security to re-apply for admission. Mr. Charles-Valero was found unlawfully in Oconee County, Georgia on June 14, 2018. If convicted, Mr. Charles-Valero faces a maximum sentence of two (2) years in prison, a $250,000.00 fine, or both.
The case was investigated by the Immigration and Customs Enforcement, Enforcement and Removal Operations and is being prosecuted by Assistant U.S. Attorney Kim Easterling.
4. RICARDO GARFIAS-TINOCO, age 38, a citizen of Mexico, is charged in a two-count indictment. In Count One, he is charged with the offense of Illegal Reentry after being deported and removed from the United States on July 30, 2003 and August 28, 2007 and returning without the consent of the Attorney General or Secretary for Homeland Security to re-apply for admission. Mr. Garfias-Tinoco was found unlawfully in Athens-Clarke County, Georgia on June 14, 2018. If convicted of Count One, Mr. Garfias-Tinoco faces a maximum sentence of two (2) years in prison, a $250,000.00 fine, or both. In Count Two, he is charged with the offense of Possession of a Firearm by an Illegal Alien. If convicted of Count Two, Mr. Garfias-Tinoco faces a maximum sentence of ten (10) years in prison, a $250,000.00 fine, or both.
The case was investigated by the Homeland Security Investigations (HSI) and is being prosecuted by Assistant U.S. Attorney Kim Easterling.
5. MIGUEL GUZMAN-BERNAL, age 22, a citizen of Guatemala, is charged with one (1) count of Illegal Reentry after being deported and removed from the United States on December 4, 2015 and January 26, 2017 and returning without the consent of the Attorney General or Secretary for Homeland Security to re-apply for admission. Mr. Guzman-Bernal was found unlawfully in Harris County, Georgia on June 6, 2018 If convicted, Mr. Guzman-Bernal faces a maximum sentence of two (2) years in prison, a $250,000.00 fine, or both.
The case was investigated by the Immigration and Customs Enforcement, Enforcement and Removal Operations and is being prosecuted by Assistant U.S. Attorney Crawford Seals.6. JOSE FRANCISCO, age 43, a citizen of Mexico, is charged with Illegal Reentry after being deported and removed from the United States on June 9, 2011 and June 4, 2013 and returning without the consent of the Attorney General or Secretary for Homeland Security to re-apply for admission. Mr. Francisco was found unlawfully in Lowndes County, Georgia on June 5, 2018. If convicted, Mr. Francisco faces a maximum sentence of two (2) years in prison, a $250,000.00 fine, or both.
The case was investigated by the Immigration and Customs Enforcement, Enforcement and Removal Operations and is being prosecuted by Assistant U.S. Attorney Sonja Profit.
7. ELIAS LOPEZ-GOMEZ, age 33, a citizen of Guatemala, is charged with Illegal Reentry after being deported and removed from the United States on July 30, 2003 and July 18, 2012 and returning without the consent of the Attorney General or Secretary for Homeland Security to re-apply for admission. Mr. Lopez-Gomez was found unlawfully in Butts County, Georgia on June 8, 2018. If convicted, Mr. Lopez-Gomez faces a maximum sentence of two (2) years in prison, a $250,000.00 fine, or both.
The case was investigated by the Immigration and Customs Enforcement, Enforcement and Removal Operations and is being prosecuted by Assistant U.S. Attorney Paul McCommon.
8. LUIS MALAGON-GALVAN, age 40, a citizen of Mexico, is charged with Illegal Reentry after being deported and removed from the United States on June 4, 2015 and returning without the consent of the Attorney General or Secretary for Homeland Security to re-apply for admission. Mr. Malagon-Galvan was found unlawfully in Colquitt County, Georgia on May 22, 2018. If convicted, Mr. Malagon-Galvan faces a maximum sentence of two (2) years in prison, a $250,000.00 fine, or both.
The case was investigated by the Immigration and Customs Enforcement, Enforcement and Removal Operations and is being prosecuted by Assistant U.S. Attorney Robert McCullers.
9. CARLOS MENDEZ-RAMIREZ, age 38, a citizen of Guatemala, is charged with Illegal Reentry after being deported and removed from the United States on March 30, 2015, September 18, 2015 and April 29, 2016 and returning without the consent of the Attorney General or Secretary for Homeland Security to re-apply for admission. Mr. Mendez-Ramirez was found unlawfully in Berrien County, Georgia on March 18, 2018. If convicted, Mr. Mendez-Ramirez faces a maximum sentence of two (2) years in prison, a $250,000.00 fine, or both.
The case was investigated by the Immigration and Customs Enforcement, Enforcement and Removal Operations and is being prosecuted by Assistant U.S. Attorney Julia Bowen.
10. ABEL MENDOZA-SANCHEZ, age 40, a citizen of Mexico, is charged with Illegal Reentry after being deported and removed from the United States on March 30, 2017 and returning without the consent of the Attorney General or Secretary for Homeland Security to re-apply for admission. Mr. Mendoza-Sanchez was found unlawfully in Muscogee County, Georgia on February 14, 2018. If convicted, Mr. Mendoza-Sanchez faces a maximum sentence of two (2) years in prison, a $250,000.00 fine, or both.
The case was investigated by the Immigration and Customs Enforcement, Enforcement and Removal Operations and is being prosecuted by Assistant U.S. Attorney Melvin E, Hyde, Jr.
11. JAVIER PENA-CASAS, age 41, a citizen of Mexico, is charged with Illegal Reentry after being deported and removed from the United States on February 23, 2008, October 31, 2015 and May 3, 2016 and returning without the consent of the Attorney General or Secretary for Homeland Security to re-apply for admission. Mr. Pena-Casas was found unlawfully in Madison County, Georgia on June 6, 2018. If convicted, Mr. Pena-Casas faces a maximum sentence of two (2) years in prison, a $250,000.00 fine, or both.
The case was investigated by the Immigration and Customs Enforcement, Enforcement and Removal Operations and is being prosecuted by Assistant U.S. Attorney Kim Easterling.
Questions concerning this release should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
Federal Grand Jury Indicts Man for Drug and Gun OffensesRead the Press Release
U.S. Attorney Duane A. Evans announced that REYNAUD KENDRELL VARISTE, age 29, a resident of New Orleans, Louisiana, was charged in a three-count indictment by a Federal Grand Jury for possessing heroin with the intent to distribute it, using a firearm in furtherance of a drug trafficking crime and being a felon in possession of a firearm.
If convicted, VARISTE faces a maximum term of imprisonment of twenty (20) years for the drug trafficking offense, a maximum term of imprisonment of life for using a firearm in furtherance of a drug trafficking crime, and a maximum term of imprisonment of ten (10) years for being a felon in possession of a firearm.
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.
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.
The case was investigated by the Federal Bureau of Investigation. It is being prosecuted by the Strike Force/Violent Crimes Unit of the U.S. Attorney’s Office.
Federal Agents Make Arrests Related to Methamphetamine Trafficking in San Mateo CountyRead the Press Release
SAN FRANCISCO – Six San Mateo residents were indicted on various charges involving methamphetamine trafficking announced Acting United States Attorney Alex G. Tse; Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Jill Snyder; and Drug Enforcement Administration (DEA) Special Agent in Charge Chris Nielsen. The charges range from possession with intent to distribute methamphetamine to conspiracy to distribute methamphetamine and have resulted in arrests yesterday at numerous locations in San Mateo during coordinated law enforcement actions.
The six people arrested yesterday were charged in one of four indictments that were unsealed this morning. In the first indictment, Ricardo Sanchez and Jesus Dario Gutierrez-Ramirez, both 28 years old, were charged along with other defendants in an alleged conspiracy to possess with intent to distribute methamphetamine. According to the indictment, between August 1, 2017 and May 29, 2018, Ricardo Sanchez and Jesus Dario Gutierrez-Ramirez conspired with others to distribute more than 500 grams of a mixture containing methamphetamine.
The second indictment charges Emmanuel Gonzalez Sanchez, 24, and Luis Ramon Zamora Angulo, age 41, with a separate conspiracy to distribute methamphetamine. In addition, the indictment charges Angulo with two substantive counts of possessing with intent to distribute and distributing methamphetamine.
The third and fourth indictments are single-count, single-defendant indictments. One charges Alfredo Angel Enciso Maldonado, 37, with possession with intent to distribute methamphetamine on May 17, 2018; the other charges Edwin Alejandro Cervantes Sanchez with possession with intent to distribute methamphetamine on May 12, 2018.
In sum, the defendants face the following charges and, if found guilty, the following minimum and maximum statutory sentences:
Defendant Name
Case Number
Charges
Minimum/ Maximum Statutory Penalties
Ricardo Sanchez
18-299 SI
Conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture and substance containing methamphetamine, in violation of 21 U.S.C. § 846, 841(a)(1) and (b)(1)(A)
Minimum 10 years and maximum lifetime in prison
Minimum 5 years and maximum lifetime of supervised release following prison term
Maximum $10 million fine
Jesus Dario Gutierrez-Ramirez
18-299 SI
Conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture and substance containing methamphetamine, in violation of 21 U.S.C. §§ 846, 841(a)(1) and (b)(1)(A)
Minimum 10 years and maximum lifetime in prison
Minimum 5 years and maximum lifetime of supervised release following prison term
Maximum $10 million fine
Emmanuel Gonzalez Sanchez
18-278 WHA
Conspiracy to distribute and possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 846, 841(a)(1) and (b)(1)(C)
Maximum 20 years in prison
Minimum 3 years, maximum lifetime of supervised release following prison term
Maximum $1 million fine
Possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C)
Maximum 20 years in prison
Minimum 3 years, maximum lifetime of supervised release following prison term
Maximum $1 million fine
Possession with intent to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)
Minimum 5 years and maximum 40 years in prison
Minimum 4 years, maximum lifetime of supervised release following prison term
Maximum $5 million fine
Luis Ramon Zamora Angulo
18-278 WHA
Conspiracy to distribute and possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 846, 841(a)(1) and (b)(1)(C)
Maximum 20 years in prison
Minimum 3 years, maximum lifetime of supervised release following prison term
Maximum $1 million fine
Alfredo Angel Enciso Maldonado
18-277 EMC
Possession with intent to distribute 50 grams or more of a mixture and substance containing methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(viii)
Minimum 5 years, maximum 40 years in prison
Minimum 4 years, maximum lifetime of supervised release following prison term
Maximum $5 million fine
Edwin Alejandro Cervantes Sanchez
18-279 WHO
Possession with intent to distribute 50 grams or more of a mixture and substance containing methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(viii)
Minimum 5 years, maximum 40 years in prison
Minimum 4 years, maximum lifetime of supervised release following prison term
Maximum $5 million fine
An indictment merely alleges that a crime has been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. In addition, any sentence following conviction will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
All six defendants, except Angulo, made their initial appearances this morning before U.S. Magistrate Judge Maria-Elena James. Each, including Angulo, is scheduled to appear tomorrow for further proceedings to include identifying counsel for each defendant.
Assistant United States Attorney Sheila Armbrust is prosecuting this case. This case is the result of an investigation by the ATF, DEA, San Mateo Police Department, and San Mateo County Sherriff’s Department. This case was investigated and prosecuted by member agencies of the Organized Crime Drug Enforcement Task Force, a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state, and local law enforcement agencies.
Fayetteville Man Sentenced to 10 Years in Federal Prison for Possession with Intent to Distribute MethamphetamineRead the Press Release
Fayetteville, Arkansas - Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that Cornelius Cox, age 33, of Fayetteville, Arkansas was sentenced today to 120 months in federal prison followed by three years of supervised release and was ordered to pay a $2,400.00 fine on one count of Possession with Intent to Distribute Methamphetamine. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
In late July through early August of 2017, the 4th Judicial Drug Task Force conducted several controlled buys of methamphetamine from Cox, within the Western District of Arkansas, Fayetteville Division.
On August 12, 2017, Cox was located by detectives driving his vehicle and he was subsequently stopped and arrested. During a search incident to his arrest, detectives located over 500 grams of a mixture or substance, which contained methamphetamine. In addition, detectives located two sets of digital scales in the vehicle. During a subsequent search of his residence, detectives located a loaded Ruger pistol as well as scales and baggies.
Cox was indicted in September 2017 and pleaded guilty in March 2018.
This case was investigated by the 4th Judicial Drug Task Force (DTF). Assistant United States Attorney David Harris prosecuted this case for the United States.
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.
Ethiopian Diplomat Arrested on Visa Fraud ChargesRead the Press Release
LOS ANGELES – An Ethiopian diplomat was arrested today by federal agents for visa fraud violations arising out of the use of non-immigrant diplomatic visas for family members who did not qualify under federal regulations.
Desta Woldeyohannes Delkasso, 54, an Ethiopian national assigned to the Ethiopian government’s Consulate General as the Deputy Consul General in Los Angeles, was charged in a three-count indictment unsealed this morning. She is charged with three counts of visa fraud, including falsely stating that her brother and his wife were “single” and “fully supported by her” and that their minor child was her “son.”
According to the allegations in the indictment, Delkasso caused the Ethiopian Ministry of Foreign Affairs to send letters required for the visas to the Embassy of the United States in July and August 2016, stating that Delkasso would be accompanied by family members who would stay in Los Angeles until the end of the diplomatic term. The letters stated that her nephew was her “son” and that her brother and sister-in-law were “dependents” and “fully supported by her.”
Based on this information, her family members were then issued A-1 diplomatic visas to enter the United States.
Delkasso’s brother and his son have lived in Washington, D.C. since their arrival in the United States, and as alleged in the indictment, never resided in Los Angeles.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty in court.
If convicted, the defendant faces a maximum sentences of 30 years in prison.
This case was investigated by the U.S. Department of State’s Diplomatic Security Service (DSS) Criminal Investigations Division with assistance from the DSS Los Angeles Field Office.
The case is being prosecuted by Assistant U.S. Attorney Lana Morton-Owens of the Violent and Organized Crime Section.
Durant Man Pleads Guilty to Possession of Firearm, AmmunitionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Derik Wayne Frazier, age 35, of Durant, Oklahoma, pled guilty to Felon In Possession Of Firearm & Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, up to a $250,000.00 fine, or both.
The Indictment alleged that on or about November 24, 2017, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce a firearm and ammunition which have been shipped and transported in interstate and foreign commerce.
The charges arose from an investigation by the Durant Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Kristin Harrington represented the United States.
Dominican National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON - A Dominican national was sentenced today in federal court in Boston for illegally reentering the United States after being deported.
Yoel Elieser Romero, 37, was sentenced by U.S. District Court Judge George A. O’Toole, Jr. to 12 months and one day in prison and three years of supervised release. On April 10, 2018, Romero pleaded guilty to one count of illegal reentry of a deported alien.
On Oct. 13, 2017, federal law enforcement officers encountered Romero at the Middlesex County House of Correction, where he was held after having been arrested for possession with intent to distribute fentanyl, and determined him to be unlawfully present in the United States. Romero was previously deported on June 2, 2015.
United States Attorney Andrew E. Lelling and Rebecca J. Adducci, Interim Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement. Assistant U.S. Attorney David G. Tobin of Lelling’s Major Crimes Unit prosecuted the case.
Dominican National Charged with Illegal Reentry After DeportationRead the Press Release
BOSTON - A Dominican national was charged today in federal court in Boston with illegally reentering the United States after being deported.
Rafael Pascal, 54, was indicted on one count of illegal reentry of a deported alien. Pascal was charged by criminal complaint and arrested in June 2018 and has been in custody since his arrest.
According to court documents, on May 6, 2018, law enforcement in Wakefield arrested Pascal and charged him with possession to distribute a Class B controlled substance; Pascal was subsequently determined to be unlawfully present in the United States, having previously been deported on Jan. 5, 2002, and on June 20, 2013.
Pascal faces a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000, and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Rebecca J. Adducci, Interim Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney James E. Arnold of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dominican National Charged with Identity TheftRead the Press Release
Boston – A Dominican national, who recently resided in Mattapan, was indicted today in federal court in Boston on charges including identity theft.
Maissel Avalo-Mejia, 29, was indicted on one count of misuse of a Social Security number and one count of aggravated identity theft. Avalo-Mejia was arrested last month and charged by criminal complaint.
According to court documents, Avalo-Mejia used the name, date of birth, and Social Security number of a Puerto Rican man, who is presently a Specialist in the U.S. Army, to obtain several Massachusetts driver’s licenses, the most recent issued on April 10, 2014. Avalo-Mejia was identified, among other things, from a fingerprint match with a Dominican Republic identification document issued to him and bearing his photo. It is alleged that Avalo-Mejia admitted that he was born in the Dominican Republic.
The charging statute for misuse of a Social Security number provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of up to $250,000. The charging statute for aggravated identity theft provides for a mandatory sentence of two years in prison to be served consecutive to any other sentence imposed, up to one year of supervised release, and a maximum fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement today. Assistant U.S. Attorney Sandra S. Bower of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Denver Man Sentenced to 10 Years in Federal Prison for Bank RobberyRead the Press Release
DENVER – Richard Canada, age 67, of Denver, Colorado, was sentenced by Chief U.S. District Court Judge Marcia S. Krieger to serve 120 months (10 years) in federal prison after earlier pleading guilty to three counts of bank robbery, announced U.S. Attorney Bob Troyer and FBI Denver Division Special Agent in Charge Calvin Shivers. Chief Judge Krieger ordered the defendant to serve an additional 3 years on supervised release after his prison term. He was also ordered to pay $20,731.40 in restitution. Canada appeared at the sentencing hearing in custody and was remanded after its conclusion.
Canada was indicted by a federal grand jury in Denver on May 7, 2014, and pled guilty before Chief Judge Krieger to three counts of bank robbery on April 10, 2018. He was sentenced on July 10, 2018.
According to the stipulated facts in the defendant’s plea agreement, the defendant robbed three banks:
- On March 28, 2014 at approximately 11:00 a.m., Canada walked into the Chase Bank located at 1125 17th Street in Denver, approaching a teller station. He opened a folder and slid a handwritten note to the teller, which read: “This is a robbery. Empty both drawers. Don’t try anything or I’ll blow (sic) your head.” The defendant demanded the return of the note. He collected cash, placed it in his folder, and quickly exited.
- On April 5, 2014 at approximately 9:44 a.m., Canada walked into the Wells Fargo Bank located at 3155 East 1st Avenue in Denver, waiting in line for a teller. Upon approaching a teller station the defendant slid a note across the counter which read: “If you give me a dye pack, we both die! Give me all of your 50s, 100s, 20s both drawers now!” He eventually told the teller “that’s enough,” taking the money, placing it in a green folder, and walked out of the bank.
- On April 18, 2014 at approximately 9:00 a.m., Canada walked into the Wells Fargo Bank located at 6025 Parkway Drive in Commerce City, approaching the teller as the first customer of the day. He opened a black nylon or cloth binder, and removed a note from the binder. The note ordered the teller to open the drawer and “put everything in the binder.”
“Canada’s conduct terrorized bank employees and ordinary citizens just going about their business,” said U.S. Attorney Bob Troyer. “We don’t tolerate that in Colorado.”
“The conclusion and recent sentencing of this investigation should send a clear signal that bank robberies continue to be a significant problem in our community,” said FBI Special Agent in Charge Calvin Shivers. “I would like to extend my appreciation to the Denver and Commerce City Police Departments, the FBI Safe Streets Task Force, and United States Attorney’s Office for their efforts in this investigation.”
This case was investigated by the FBI’s Rocky Mountain Safe Streets Task Force, with assistance from local law enforcement. The defendant was prosecuted by Assistant U.S. Attorney Peter McNeilly.
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 Office to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Davenport Man Sentenced to 84 Months in Prison for Federal Firearms ChargeRead the Press Release
DAVENPORT, Iowa-- On July 12, 2018, Anthony Dwayne Clay, age 42, of Davenport, was sentenced by United States District Court Chief Judge John A. Jarvey to 84 months in prison following his guilty plea to felon in possession of a firearm, according to United States Attorney Marc Krickbaum. Clay was ordered to serve three years of supervised release to follow his prison term and pay $100 to the Crime Victims’ Fund. Additionally, the firearm was forfeited.
On July 20, 2017, Davenport Police officers responded to a reported disturbance at a residence. As part of this investigation, Clay was found in unlawful possession of a Ruger .380 caliber firearm and ammunition. Prior to July 20, 2017, Clay had four prior felony convictions.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime
This investigation was conducted by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives and the Davenport Police Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
DOJ Office of Professional Responsibility (OPR) Issues Decision on Pretrial Diversion ComplaintRead the Press Release
SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands (NMI), announced today that the Office of Professional Responsibility (OPR) for the United States Department of Justice has concluded an inquiry into the pretrial diversion practices of the United States Attorney’s Office in the District Court of Guam. The OPR inquiry “revealed no evidence” that the pretrial diversion decisions of the office involved any prohibited or inappropriate factors.
The inquiry was initiated by the District Court of Guam during sentencing proceedings for two Chinese nationals in United States v. Lu et al., No. 17-CR-00041 (D. Guam). The defendants had been arrested after arriving on Guam from Los Angeles with over 118 counterfeit credit cards from foreign banks. The defendants were charged with Possession of Fifteen or More Counterfeit or Unauthorized Access Devices, in violation of 18 U.S.C. Section 1029(a)(3), a Class C felony. The Court questioned the applicability of pretrial diversion for the defendants. Diversion is an alternative to criminal prosecution that enables certain offenders to avoid traditional criminal proceedings in favor of a program of supervision and services administered by United States Probation and Pretrial Services. If the program is successfully completed, the charges against a defendant are dismissed. The U.S. Attorney declined to offer pretrial diversion in the matters before the District Court.
In February 2018, the Court announced that it would request the Department of Justice to investigate whether there was “disparate treatment” by the U.S. Attorney’s Office in its handling of pretrial diversion offers. OPR reviewed the Court’s concerns and the relevant pretrial diversion decisions against the limits on prosecutorial discretion set forth in the Department’s United States Attorneys’ Manual Section 9-27.260, which prohibits prosecutors from taking into consideration a “person’s race, religion, gender, ethnicity, national origin, sexual orientation, or political association, activities, or beliefs.” OPR found no evidence of unethical conduct.
United States Attorney Anderson states, “We appreciated the opportunity to fully cooperate with OPR and respond to the Court’s concerns. Prosecutorial discretion, which includes the decision on whether pretrial diversion is appropriate in any given case, has an important function in the criminal justice system. The U.S. Attorney’s Office respects the limitations on its discretion and routinely relies on the Department of Justice’s guidelines in making diversion decisions. Our office will continue to consider criminal offenders for this type of disposition on a case-by-case basis.”