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Thursday 24 May 2018
Middlesex County, New Jersey, Man Sentenced to One Year in Prison for Stealing $184,936 in Social Security Benefits Paid to Deceased RelativeRead the Press Release
TRENTON, N.J. – A Perth Amboy, New Jersey, man was sentenced today to 12 months and one day in prison for stealing Social Security benefits that were mistakenly paid to his deceased great aunt, U.S. Attorney Craig Carpenito announced.
Lance D. Nelson, 56, previously pleaded guilty before U.S. District Judge Anne E. Thompson to Count 1 of an indictment charging him with theft of government funds. Judge Thompson imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court:
Nelson’s great aunt received Social Security retirement benefits that were sent to a joint bank account that she shared with Nelson. The Social Security Administration, unaware of her death in February 1998, continued to issue her monthly retirement benefits.
Nelson admitted that he intentionally failed to notify the Social Security Administration of her death so that he could continue to receive her benefits, which he withdrew from their joint account and used for his personal benefit. In total, Nelson, who was employed as an assistant zoning officer for the City of Perth Amboy through the end of 2017, admitted that he took $184,936 in Social Security benefits to which he was not entitled.
In addition to the prison term, Judge Thompson sentenced Nelson to three years of supervised release and ordered him to pay restitution of $184,936.
U.S. Attorney Carpenito credited special agents with the Social Security Administration - Office of the Inspector General, under the direction of Special Agent in Charge John F. Grasso of the New York Field Division, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorneys Mark J. McCarren and Cari Fais of the U.S. Attorney’s Office Special Prosecutions Division in Newark.
Defense counsel: Carol Gillen Esq., Assistant Federal Public Defender, Newark
Microcap Company CEO Convicted of Securities Fraud for Falsely Claiming Millions in Revenue from Contracts with Foreign CountriesRead the Press Release
NEWARK, N.J. – The chief executive officer of a publicly traded microcap company was convicted at trial for orchestrating a multi-million securities fraud scheme using false reports with the U.S. Securities and Exchange Commission, U.S. Attorney Craig Carpenito announced today.
Cary Lee Peterson, 38, of Phoenix, Arizona, was found guilty of all three counts of an indictment charging him with two counts of false certification in SEC filings and one count of securities fraud. He was convicted following a two-week trial before U.S. District Judge Anne E. Thompson in Trenton federal court. The jury deliberated for approximately an hour before returning its verdict on May 23, 2018.
According to documents filed in this case and evidence presented at trial:
Peterson, as CEO of RVPlus Inc., filed numerous false reports with the SEC, including:
- On Aug. 21, 2012, Peterson falsely certified on SEC Form 8-K that RVPlus had entered into a contract worth $1.8 billion with the Ministry of Environment for Katsina State within the Federal Republic of Nigeria to provide unspecified green energy products and services.
- On Nov. 16, 2013, Peterson falsely certified on SEC Form 8-K that RVPlus had entered into a contract worth $90 million with the Commission of the Foreign Affairs to the Senate for the Republic of Haiti.
- On Dec. 21, 2012, Peterson falsely certified on Form 10-Q that RVPlus held $8,653,846 in short-term accounts receivable for services rendered under the Nigeria agreement, despite prior warnings from RVPlus’ auditors that reporting these receivables as revenue was improper.
- On Dec. 27, 2012, Peterson falsely certified on SEC Form 8-K that RVPlus had entered into a contract worth $10.5 million with the Federal Ministry of Planning & Economic Affairs for the Republic of Liberia.
- On March 28, 2013, Peterson falsely certified on SEC Form 10-Q that RVPlus held $17,590,837 in short-term accounts receivable from, among other sources, the Haiti and Liberia agreements.
The SEC suspended trading in RVPlus on July 19, 2013, due to questions concerning the accuracy of RVPlus’ periodic financial filings, including reported accounts receivable, assets, and operations.
Peterson also claimed that ECCO2 Corp., a not-for-profit owned by Peterson was an “affiliate organization” of the U.N. Convention on Climate Change. Peterson claimed that “[t]his status held with the sectors of the United Nations opens many windows of opportunity to over $100 billion in financial aid to fund ECCO2 projects.” ECCO2 was never an affiliate of the U.N. Convention on Climate Change. In fact, the U.N. wrote to Peterson on two separate occasions demanding that ECCO2 stop claiming that it was.
The false certification counts each carry a maximum potential penalty of 10 years in prison and a $1 million fine. The securities fraud count carries a maximum penalty of 20 years in prison and $5 million fine. Sentencing will be scheduled at a later date.
The SEC has a pending civil complaint against Peterson in New Jersey federal court alleging multiple counts of securities fraud.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation. He also thanked FBI special agents under the direction of Special Agent in Charge John F. Bennett in San Francisco for their assistance with Peterson’s arrest, and the U.S. Securities and Exchange Commission’s New York Regional Office, under the direction of Regional Director Marc P. Berger and Senior Associate Regional Director Sanjay Wadhwa, for its assistance.
The government is represented by Assistant U.S. Attorney Ari Fontecchio of the U.S. Attorney’s Office Criminal Division and Executive Assistant U.S. Attorney Zach Intrater.
Defense counsel: Eric J. Marcy Esq., Woodbridge, New Jersey
- On Aug. 21, 2012, Peterson falsely certified on SEC Form 8-K that RVPlus had entered into a contract worth $1.8 billion with the Ministry of Environment for Katsina State within the Federal Republic of Nigeria to provide unspecified green energy products and services.
Men Plead Guilty for Roles in Bi-Coastal Marijuana Distribution RingRead the Press Release
COLUMBIA –Jeremy David Grove, 30, Tyler James Durney, 36, both of Greenville, and Jaspal Singh Grewall, 40, of Anaheim, California, have all pleaded guilty in federal court for their roles in a marijuana distribution conspiracy operating between the East Coast and California. On December 12, 2017, the men were charged in a seven-count indictment with conspiracy to distribute marijuana, in violation of Title 21 U.S.C. Section 846, conspiracy to launder drug proceeds, in violation of Title 18 U.S.C. Section 1956(h) and conspiracy to structure financial transactions, in violation of Title 18 U.S.C. Section 371.
The men devised multiple schemes to pay for and to transport the California sourced high-grade marijuana to South Carolina for distribution, including the United States Postal Service and commercial carriers. According to the indictment, beginning in November 2014, the defendants deposited hundreds of thousands of dollars in drug proceeds into “funnel” bank accounts, in amounts at or under $10,000. The indictment alleges the transactions were designed to circumvent the bank’s reporting requirements and conceal the nature of the transactions and source of the money. During the plea hearings, the defendants admitted using multiple bank accounts in a coordinated manner to funnel the illicit bulk currency from South Carolina for immediate withdrawal in California.
As part of his plea agreement, Grewall has agreed to forfeit to the government $500,000 in cash plus property located in Vista, California. The maximum penalties for the defendants range from 5 to 20 years imprisonment, depending on the offense(s) of conviction. All three defendants await sentencing.
The investigation was conducted by the United States Marshals Service, the Federal Bureau of Investigation and the Greenville City Police Department. The case is being prosecuted by Assistant United States Attorney Leesa Washington.
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Mary Elgin Sentenced to PrisonRead the Press Release
HAMMOND – Mary Elgin, 73, of Gary, Indiana was sentenced before U.S. District Court Judge Joseph S. Van Bokkelen to 12 months and 1 day in prison and ordered to pay $21,311 in restitution, announced U. S. Attorney Kirsch.
Elgin entered a plea of guilty to 2 counts of wire fraud, 1 count of conspiracy to commit wire fraud and 1 count of willful failure to file a tax return in April of 2017.
According to documents in this case, Ethel Shelton was convicted of two federal criminal conspiracy charges after a 10-day jury trial and is awaiting sentencing. Co-defendant, Alex Wheeler was found not guilty during the same trial. Elgin’s son, Steven Hunter plead guilty to 2 counts of wire fraud and 1 count of conspiracy to commit wire fraud in April of 2017 and is awaiting sentencing. Elgin created an environment whereby employees believed that retaining their jobs hinged on purchasing tickets to her political fundraising events. She used the resources of Calumet Township Trustee’s Office to further her campaign rather than the way they were intended. The Calumet Township Trustee’s Office is a local government entity whose primary mission is to provide emergency relief and assistance to needy individuals and families.
U.S. Attorney Kirsch said, “Public corruption cannot and will not be tolerated at any level. Today’s sentence of imprisonment should send a strong message of deterrence. Citizens expect and deserve officials to act in the best interest of the public, free from self-dealing and illegal self-enrichment. My office, together with our law enforcement partners, will continue to pursue matters involving public corruption. I encourage anyone with information concerning corrupt public officials to contact my office or the FBI.”
This case was investigated by the Federal Bureau of Investigation with the assistance of Internal Revenue Service. This case was prosecuted by Assistant United States Attorneys Maria Lerner, Abizer Zanzi and Philip Benson.
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Manchester Man Pleads Guilty to Fentanyl TraffickingRead the Press Release
CONCORD - William Looney, 55, of Manchester, pleaded guilty in federal court to a fentanyl trafficking charge, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, in July 2017, the Manchester Police Department received information that Looney was driving from New Hampshire to Massachusetts to purchase large quantities of drugs. On July 28, 2017, law enforcement officers observed Looney travel from Manchester to Massachusetts. When he returned to Massachusetts, officers conducted a traffic stop of a vehicle operated by Looney, who was the subject of an outstanding arrest warrant. In the center console of the vehicle was a package containing approximately 285 grams of fentanyl.
Looney pleaded guilty to one count of possession of 40 grams or more of fentanyl with intent to distribute. He is scheduled to be sentenced on August 30, 2018.
“Fentanyl is a deadly drug that is threatening the safety of our community,” said U.S. Attorney Murray. “The U.S. Attorney’s Office continues to work closely with our law enforcement partners to investigate and prosecute those who are distributing this dangerous substance in New Hampshire. I am grateful to the law enforcement officers who successfully prevented this significant amount of fentanyl from being distributed in the Granite State.”
This matter was investigated by the Manchester Police Department, with assistance from the New Hampshire State Police and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Shane Kelbley.
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Man Who Had Pipe Bombs in Downtown Denver Hotel Pleads GuiltyRead the Press Release
DENVER – Adam Nauveed Hayat, age 36, of Denver, Colorado, pled guilty yesterday before U.S. District Court Judge R. Brooke Jackson to three counts of possessing unregistered firearms, after being caught possessing pipe bombs in Downtown Denver hotel, U.S. Attorney Bob Troyer, FBI Denver Division Special Agent in Charge Calvin Shivers, ATF Denver Field Division Special Agent in Charge Debbie Livingston and Denver Police Department Chief Robert White announced. Hayat was charged by criminal complaint on February 16, 2017, and was subsequently indicted by a federal grand jury on March 15, 2017. He pled guilty to an Information today. The defendant, who appeared at the change of plea hearing in custody, was remanded at its conclusion. He is scheduled to be sentenced by Judge Jackson on August 14, 2018.
According to court documents, on February 15, 2017, personnel from the Sheraton Hotel located at 1550 Court Place contacted the Denver Police Department to report a suspicious incident. Upon arriving, the Denver Police Department (DPD) went to room 1902 and found the word “explosives” written on the closet door mirror. The officer then opened the closet, opened the safe, and found a closed ammunition case. Also found in the hotel room were several metal pipes and empty rifle shell casings. The DPD officer immediately contacted their bomb squad. The DPD Bomb Squad carefully examined the ammunition case and found pipe bombs. The Bomb Squad safely removed the ammunition case from the hotel room and transported it to their bomb range, where they rendered it safe.
It was determined during the course of the investigation that Adam Nauveed Hayat rented room 1902 at the downtown Denver Sheraton Hotel. An arrest warrant was issued first by the Denver Police Department and then later by federal authorities. He was located and arrested at a hotel near the Los Angeles International Airport.
This case was investigated by the FBI, ATF, and the Denver Police Department. The Los Angeles Police Department, as well as personnel from the FBI and ATF Los Angeles were involved in the arrest.
The defendant is being prosecuted by Assistant U.S. Attorney Judith Smith, Chief of the Cybercrime and National Security Section and Assistant U.S. Attorney Julia Martinez.
Man Sentenced for Sex Trafficking of a MinorRead the Press Release
NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced today that United States District Judge Louise W. Flanagan sentenced KENNETH CORVON WARD, 39, of Wilson, North Carolina, in a sex trafficking case. WARD was sentenced to 160 months’ imprisonment followed by 5 years of supervised release. On April 11, 2017, WARD pled guilty to Sex Trafficking of a Minor and Aiding and Abetting from May 30, 2015, to December 5, 2015.
In December 2015, the Federal Bureau of Investigation (FBI) and the Raleigh Police Department (RPD) investigated the sex trafficking of a minor. Agents identified a minor female (Victim) who was reportedly being sexually exploited by several individuals. The investigation revealed that William Maurice Saddler, previously convicted by a federal jury on November 30, 2017, began an illicit dating relationship with the Victim while she was thirteen or fourteen years old. Around 2015, when the Victim was fifteen years old, Saddler forced her to prostitute at migrant camps around Wilson, North Carolina. Among other tactics, Saddler used violence, fear, and manipulation to force the Victim to continue prostituting to support Saddler’s crack cocaine habit.
WARD was identified as Saddler’s crack supplier. Shortly after WARD and his girlfriend Yadyra Brown met the Victim around late September or early October 2015, they began prostituting her. WARD and Brown promoted the fifteen-year-old Victim by posting multiple advertisements of her on Backpage.com (Backpage). WARD and Brown took multiple photographs of the Victim for the advertisements posted on Backpage. WARD kept the money the Victim earned.
On December 5, 2015, the RPD determined that WARD and Brown were prostituting the Victim in a hotel in Garner, North Carolina. The RPD and FBI executed an operation to rescue the Victim. They found her there with Brown; WARD was observed at the hotel but fled and was later arrested.
Mr. Higdon commented: “I want to thank agents of the FBI and NCSBI and officers of the Raleigh Police Department, the Wilson Police Department and the Wilson County Sheriff’s Department for their hard work and for their commitment to fighting those who would traffic our children. This case represents just how low some among us will go to victimize others, for personal gain and for profit. Today’s 13-plus year sentence is a small comfort for the young victim but it should send a message to those who victimize our children that we will not allow it.”
Investigation of this case was conducted by the Federal Bureau of Investigation, the Raleigh Police Department, the N.C. State Bureau of Investigation, the Wilson Police Department and the Wilson County Sheriff’s Office. Assistant United States Attorneys Erin C. Blondel and Eleanor Morales represented the United States.
Lumberton Man Sentenced for Possession of a Stolen Firearm and Felon in Possession ChargesRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that Chief United States District Judge James C. Dever, III sentenced MARVIN EARL BLANKS, JR., 33, of Lumberton, North Carolina, to 84 months imprisonment followed by 3 years of supervised release.
BLANKS was named in a two-count Indictment on June 15, 2017 charging him with one count of Possession of Stolen Firearms and one count of Possession of a Firearm by a Felon. On December 21, 2017, BLANKS pled guilty to those charges.
On August 12, 2016, officers of the Elizabethtown Police Department took a report as to the theft of a .38 caliber Taurus firearm. The victim advised that he had a vehicle washed earlier in the day at The Car Wash in Elizabethtown, North Carolina, and his firearm had been in the vehicle’s center console. When he looked in the center console that evening, the firearm was no longer there. Officers interviewed employees that had washed the vehicle, including BLANKS. BLANKS denied taking a firearm.
On September 8, 2016, officers with the Lumberton Police Department responded to a robbery call. The victim informed officers that he had been walking from church to the Shop & Save convenience store to get a soda when a group of individuals began yelling at him from a parking lot. On his way back to the church after visiting the store, two individuals, one later identified as BLANKS, approached the victim and began asking questions. BLANKS then pointed a gun at the victim. The victim attempted to run, but BLANKS and his accomplice caught the victim and pushed him to the ground. BLANKS pointed the gun to the victim’s head while the other man took the victim’s cellphone and money. After the robbery, the victim called 911 from the church. He advised law enforcement that he had been robbed and that he had seen BLANKS walk into the Shop & Save.
Lumberton Police Officers responded and located BLANKS inside the convenience store based on the victim’s description. Officers ordered BLANKS to place his hands on the counter and initiated a search. In BLANKS’ pocket, they found the victim’s stolen cell phone and a .38 caliber Taurus. Law enforcement transported the victim to the store, and the victim positively identified BLANKS as the one who robbed him. The Taurus handgun was identified by serial number as the same one stolen from The Car Wash on August 12, 2016, less than a month before the robbery.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The investigation of this case was conducted by the Elizabethtown Police Department, the Lumberton Police Department, and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorney Jake D. Pugh handled the prosecution of this case for the government.
KC Man Sentenced to 15 Years for Illegal FirearmRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., man has been sentenced in federal court for illegally possessing a firearm.
Bryan Abascal, 25, of Kansas City, was sentenced by U.S. District Judge Beth Phillips on Wednesday, May 23, 2018, to 15 years in federal prison without parole. Abascal was sentenced as an armed career offender due to his prior felony convictions.
On July 10, 2017, Abascal pleaded guilty to being a felon in possession of a firearm. When Abascal was arrested during a traffic stop, a Kansas City police officer searched his vehicle and found a Bersa .380-caliber semi-automatic handgun with an extended clip magazine loaded into it.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of a firearm or ammunition. Abascal has two prior felony convictions for sale of a controlled substance and three prior felony convictions for domestic assault.
This case was prosecuted by Assistant U.S. Attorney Stefan C. Hughes. It was investigated by the Kansas City, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Jamaican Man Sentenced to 51 Months’ Imprisonment on “Sweepstakes Fraud” Charges Targeting Senior CitizensRead the Press Release
HARRISBURG –The United States Attorney’s Office for the Middle District of Pennsylvania announced that Tackya Whyte, age 41, a Jamaican citizen who formerly resided in Richmond, Virginia, was sentenced today to 51 months’ imprisonment and to serve two years’ supervised release by United States District Court Judge John E. Jones, III, for his role in an international “sweepstakes scam” that defrauded seven American victims out of $459,881.
According to United States Attorney David J. Freed, Whyte pled guilty on August 28, 2017, to one count of mail fraud pursuant to a plea agreement with the government. Whyte and unidentified fraudsters perpetrated a scheme that defrauded at least seven U.S. senior citizens, including at least one victim who resided in the Middle District of Pennsylvania. The victims were falsely told they had won multi-million dollar international sweepstakes prizes. The purported winners were directed to send Western Union and MoneyGram money transfers payable to Whyte, and others, to pre-pay taxes and other fictitious expenses in order to collect the non-existent cash prizes. Whyte then re-transferred a portion of the fraud proceeds to conspirators in Jamaica, thereby serving as a “money mule” for the fraudsters.
During the sentencing hearing, Judge Jones noted Whyte and his co-conspirators deliberately preyed upon the elderly and that most of the victims had suffered substantial financial hardship as a result of the scam. Five of the victims were in their 80’s, one was 74, and the youngest was 68. Many lost their life savings and retirement accounts. One victim lost $171,379, another lost her home to foreclosure, and a third had her electricity turned off during the winter months.
Judge Jones also ordered Whyte to pay $459,881 in restitution to the victims.
The case was investigated by the Harrisburg Office of the United States Postal Inspection Service. Assistant United States Attorney Kim Douglas Daniel prosecuted the case.
The United States Attorney and United States Postal Inspectors remind all citizens that they should never make an advance payment of any kind on the promise of a sweepstakes prize, loan, job or grant.
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Hawaiian Fishing Companies, Managers, and Operators Will Perform Corrective Measures and Pay Civil Penalties to Address Illegal Ocean PollutionRead the Press Release
Two Honolulu-based fishing companies, Triple Dragon, LLC, and Capt. Millions III, LLC, along with the company managers and vessel operators, have each agreed to implement operational improvements and other compliance measures and pay civil penalties to settle claims stemming from numerous discharges of oily bilge waste from the commercial fishing vessels Triple Dragon and Capt. Millions III, the Department of Justice and Coast Guard announced today.
In two separate complaints, filed in the U.S. District Court for the District of Hawaii today and on April 27, 2018, along with notices of lodging of consent decrees filed today, the United States alleges that the vessel owners, company managers, and vessel operators are each liable for civil penalties under the Clean Water Act for discharging oily mixtures into the waters off Hawaii. Both complaints also include civil penalty claims under the Clean Water Act for violations of the Coast Guard’s spill prevention and pollution control regulations, including failure to provide sufficient capacity to retain oily mixtures on board. The complaints further allege that in order to extend the length of the Triple Dragon’s and Capt. Millions III’s fishing voyages, the defendants routinely pumped a mixture of fuel oil, lubricating oils, water, and other fluids from the vessels’ engine room bilges into the Pacific Ocean rather than retain the waste on board.
To resolve the claims in the United States’ complaints, the consent decrees require the companies and vessel operators to perform corrective measures, including: (1) repairing the vessels to reduce the quantity of oily waste generated during a fishing voyage; (2) providing crewmembers with training on the proper handling of oily wastes; (3) documenting proper oily waste disposal after returning to port; and (4) submitting compliance reports to the Coast Guard and the Department of Justice.
Additionally, the consent decrees require each vessel owner, company manager, and vessel operator to pay a civil penalty. For the discharges from the Triple Dragon, the vessel owner, Triple Dragon, LLC, must pay a civil penalty of $15,000; the company manager, Trung Anh Quach, must pay a civil penalty of $10,000; and the vessel operator, Aukusitino Lui Maui, must pay a civil penalty of $500. For the discharges from the Capt. Millions III, the vessel owner, Capt. Millions III, LLC, must pay a civil penalty of $10,000; the company manager, Brian Nguyen, must pay a civil penalty of $5,000; and the vessel operator, Kha Van, must pay a civil penalty of $7,000. These penalty amounts were set considering each defendant’s limited ability to pay a higher penalty, as demonstrated through documentation submitted to the United States and analyzed by a financial expert.
“Law-abiding vessel owners and operators know the importance of complying with our Nation’s environmental laws,” said Acting Assistant Attorney General Jeffrey H. Wood for the Justice Department’s Environment and Natural Resources Division. “Members of the fishing fleet who disregard those laws put the public’s health and our Nation’s natural resources in jeopardy. The Justice Department and Coast Guard will continue to work together to hold companies and individuals who violate the Clean Water Act accountable.”
“All vessels, including commercial fishing vessels like these, must comply with the long-standing Clean Water Act environmental protection requirements as part of their normal operations," said Rear Adm. Brian Penoyer, Commander, Coast Guard 14th District. "As a steward of the marine environment, the Coast Guard will not tolerate illegal dumping of oily waste into the ocean."
“These settlements will serve to protect Hawaii’s citizens and our state’s unique natural resources,” said United States Attorney for the District of Hawaii Kenji M. Price. “Those who pollute the ocean should know that we will continue to vigorously pursue and prosecute these types of violations to the fullest extent of the law.”
Section 311(b) of the Clean Water Act makes it unlawful to discharge oil or hazardous substances into or upon the waters of the United States or adjoining shorelines in quantities that may be harmful to the environment or public health. Under the act, the Coast Guard also has promulgated spill prevention and pollution control regulations for vessels and other facilities. Overboard discharges of oily mixtures, whether by directly pumping out oily bilge water that has not been properly treated, or by attempting to pump only the portion of the oily bilge water beneath a floating oil layer in the bilge (so-call “decanting”), has long been unlawful under federal law. Eliminating oil discharges into the ocean helps protect people, birds, fish, marine mammals, sea turtles, and other natural resources.
Under the terms of the Clean Water Act, the penalty paid for these discharges will be deposited in the federal Oil Spill Liability Trust Fund managed by the National Pollution Funds Center. The Oil Spill Liability Trust Fund is used to pay for federal response activities and to compensate for damages when there is a discharge or substantial threat of discharge of oil or hazardous substances to waters of the United States or adjoining shorelines.
The proposed consent decrees, lodged in the District of Hawaii, are subject to a 30-day public comment period and court review and approval. Copies of the consent decrees are available on the Department of Justice website at www.justice.gov/enrd/Consent_Decrees.html.
Hawaiian Fishing Companies, Managers, and Operators Will Perform Corrective Measures and Pay Civil Penalties to Address Illegal Ocean PollutionRead the Press Release
HONOLULU — Two Honolulu-based fishing companies, Triple Dragon, LLC, and Capt. Millions III, LLC, along with the company managers and vessel operators, have each agreed to implement operational improvements and other compliance measures and pay civil penalties to settle claims stemming from numerous discharges of oily bilge waste from the commercial fishing vessels Triple Dragon and Capt. Millions III, the Department of Justice and Coast Guard announced today.
In two separate complaints, filed in the U.S. District Court for the District of Hawaii today and on April 27, 2018, along with notices of lodging of consent decrees filed today, the United States alleges that the vessel owners, company managers, and vessel operators are each liable for civil penalties under the Clean Water Act for discharging oily mixtures into the waters off Hawaii. Both complaints also include civil penalty claims under the Clean Water Act for violations of the Coast Guard’s spill prevention and pollution control regulations, including failure to provide sufficient capacity to retain oily mixtures on board. The complaints further allege that in order to extend the length of the Triple Dragon’s and Capt. Millions III’s fishing voyages, the defendants routinely pumped a mixture of fuel oil, lubricating oils, water, and other fluids from the vessels’ engine room bilges into the Pacific Ocean rather than retain the waste on board.
To resolve the claims in the United States’ complaints, the consent decrees require the companies and vessel operators to perform corrective measures, including: (1) repairing the vessels to reduce the quantity of oily waste generated during a fishing voyage; (2) providing crewmembers with training on the proper handling of oily wastes; (3) documenting proper oily waste disposal after returning to port; and (4) submitting compliance reports to the Coast Guard and the Department of Justice.
Additionally, the consent decrees require each vessel owner, company manager, and vessel operator to pay a civil penalty. For the discharges from the Triple Dragon, the vessel owner, Triple Dragon LLC, must pay a civil penalty of $15,000; the company manager, Trung Anh Quach, must pay a civil penalty of $10,000; and the vessel operator, Aukusitino Lui Maui, must pay a civil penalty of $500. For the discharges from the Capt. Millions III, the vessel owner, Capt. Millions III, LLC, must pay a civil penalty of $10,000; the company manager, Brian Nguyen, must pay a civil penalty of $5,000; and the vessel operator, Kha Van, must pay a civil penalty of $7,000. These penalty amounts were set considering each defendant’s limited ability to pay a higher penalty, as demonstrated through documentation submitted to the United States and analyzed by a financial expert.
“Law-abiding vessel owners and operators know the importance of complying with our Nation’s environmental laws,” said Acting Assistant Attorney General Jeffrey H. Wood for the Justice Department’s Environment and Natural Resources Division. “Members of the fishing fleet who disregard those laws put the public’s health and our Nation’s natural resources in jeopardy. The Justice Department and Coast Guard will continue to work together to hold companies and individuals who violate the Clean Water Act accountable.”
“All vessels, including commercial fishing vessels like these, must comply with the longstanding Clean Water Act environmental protection requirements as part of their normal operations," said Rear Adm. Brian Penoyer, Commander, Coast Guard 14th District. "As a steward of the marine environment, the Coast Guard will not tolerate illegal dumping of oily waste into the ocean."
“These settlements will serve to protect Hawaii’s citizens and our state’s unique natural resources,” said United States Attorney for the District of Hawaii Kenji M. Price. “Those who pollute the ocean should know that we will continue to vigorously pursue and prosecute these types of violations to the fullest extent of the law.”
Section 311(b) of the Clean Water Act makes it unlawful to discharge oil or hazardous substances into or upon the waters of the United States or adjoining shorelines in quantities that may be harmful to the environment or public health. Under the act, the Coast Guard also has promulgated spill prevention and pollution control regulations for vessels and other facilities. Overboard discharges of oily mixtures, whether by directly pumping out oily bilge water that has not been properly treated, or by attempting to pump only the portion of the oily bilge water beneath a floating oil layer in the bilge (so-call “decanting”), has long been unlawful under federal law. Eliminating oil discharges into the ocean helps protect people, birds, fish, marine mammals, sea turtles, and other natural resources.
Under the terms of the Clean Water Act, the penalty paid for these discharges will be deposited in the federal Oil Spill Liability Trust Fund managed by the National Pollution Funds Center. The Oil Spill Liability Trust Fund is used to pay for federal response activities and to compensate for damages when there is a discharge or substantial threat of discharge of oil or hazardous substances to waters of the United States or adjoining shorelines.
The proposed consent decrees, lodged in the District of Hawaii, are subject to a 30-day public comment period and court review and approval. Copies of the consent decrees are available on the Department of Justice website at www.justice.gov/enrd/Consent_Decrees.html.
Hastings Man Sentenced for Distribution of MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that on May 24, 2018, Francisco Diaz Vargas, 22, of Hastings, Nebraska, was sentenced to three years and one month (37 months) in prison for distribution of five grams or more of methamphetamine actual. Following the prison term, Diaz Vargas will serve three years on supervised release.
On July 19, 2016, a confidential informant met with Diaz Vargas in Hastings, Nebraska, and purchased at least six grams of actual (pure) methamphetamine. On July 21, 2016, Diaz Vargas sold an additional 23 grams of actual methamphetamine to the same confidential informant.
This case was investigated by the Central Nebraska Drug and Safe Streets Task Force.
Hartford Man Pleads Guilty to Selling Heroin and Fentanyl to Overdose VictimRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that JOSE GONZALEZ, also known as “Montana,” “Beat Montana” and “Carl Montana,” 22, of Hartford, pleaded guilty yesterday in Hartford federal court to one count possession with intent to distribute, and distribution of, heroin and fentanyl.
This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents and statements made in court, at approximately 10:30 a.m., on April 26, 2017, East Hartford Police and emergency medical personnel were dispatched to a residence on Main Street in East Hartford on a report of an unconscious male who was not breathing. First responders located 20-year-old male on the couch in the living room and pronounced him deceased. At the scene, investigators located and collected drug paraphernalia, several empty wax baggies, and the victim’s cellphone.
The Office of the Chief Medical Examiner subsequently determined that the victim’s death was caused by “acute intoxication due to the combined effects of alprazolam, fentanyl and heroin.”
The investigation, which has included witness interviews and analysis of the victim’s cellphone, revealed that the victim traveled to Hartford the night before his death and purchased heroin/fentanyl from GONZALEZ. Analysis of another individual’s cellphone revealed that GONZALEZ sold heroin and fentanyl from at least December 2016 through April 2017.
GONZALEZ was arrested on a federal criminal complaint on November 30, 2017.
GONZALEZ is scheduled to be sentenced by U.S. District Judge Michael P. Shea on August 15, 2018, at which time he faces a maximum term of imprisonment of 20 years. He has been detained since his arrest.
This matter is being investigated by the Drug Enforcement Administration’s Hartford Task Force, East Hartford Police Department and Monroe Police Department. The case is being prosecuted by Assistant U.S. Attorney Jocelyn Courtney Kaoutzanis.
Greenville Man Sentenced to 5 Years Imprisonment for Being a Felon in Possession of Firearm and AmmunitionRead the Press Release
Columbia, South Carolina ---- Napoleon Isaac Mansell, age 35, of Greenville, South Carolina, was sentenced to 60 months imprisonment, followed by 3 years of supervised release, after pleading guilty to being a felon in possession of a firearm and ammunition, a violation of Title 18, United States Code, Section 922(g)(1). United States District Judge Bruce Howe Hendricks of Greenville sentenced Mansell on May 23, 2018.
At an earlier guilty plea hearing, Assistant U. S. Attorney Jeanne Howard, established that on March 1, 2016, Greenville County Sheriff’s Deputies executed a search warrant at Mansell’s residence on Old Buncombe Road. The deputies found a .380 caliber firearm and ammunition inside Mansell’s residence. Because of his prior criminal history, including felony convictions for distribution of crack cocaine and pointing and presenting a firearm, Mansell is prohibited from possessing a firearm and ammunition.
The case was investigated by agents of the Safe Street Task Force of the FBI, Greenville County Sheriff’s Office, and ATF 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 Jeanne Howard of the Greenville office handled the case.
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Granite Bay Man Indicted for Illegal Firearm PossessionRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a one-count indictment today against Tamaran Edward Bontemps, 20, of Granite Bay, charging him with possessing a firearm as a felon, U.S. Attorney McGregor W. Scott announced.
According to court documents, on April 18, 2018, law enforcement officers stopped a group of four men in Vallejo after officers noticed a gun-shaped object in one of the men’s clothing. The officers found a 9 mm handgun in the first man’s sweater. During the encounter, one of the officers also saw an object inside Bontemps’ sweatshirt that the officer believed was a gun. Officers searched Bontemps and located a .40 caliber pistol holstered inside Bontemps’ sweatshirt. Bontemps cannot lawfully possess firearms or ammunition because he has previously been convicted of a felony offense.
This case is the product of an investigation by the Federal Bureau of Investigation’s Solano County Violent Crimes Task Force and the Vallejo Police Department.
If convicted, Bontemps faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Goldsboro Man Sentenced to More Than 21 Years for Hobbs Act Robbery and Gun ChargeRead the Press Release
NEW BERN – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announced that today, DEVON WATERS, 38, of Goldsboro, was sentenced by United States District Judge Louise W. Flanagan to 261 months’ imprisonment followed by 5 years of supervised release.
WATERS was named in a three-count indictment on March 7, 2017. On November 14, 2017, WATERS pled guilty to Conspiracy to Commit Interference with Commerce by Robbery and Discharging a Firearm during and in relation to a Crime of Violence and Aiding and Abetting.
On May 9, 2016, WATERS and codefendant O’Brien Shaquille Hooker, who pled guilty and was previously sentenced to 166 months of imprisonment followed by 5 years of supervised release, committed an armed robbery at a Family Dollar located in Goldsboro, North Carolina. The men forced two employees, who were closing the business, into the store at gunpoint. Hooker brandished a firearm and ordered the employees onto the floor. WATERS then ordered one of them to open the safe. When she had difficulty, WATERS took the firearm from Hooker, fired a shot at her feet, and threatened to kill her. WATERS and Hooker stole currency totaling $800 and cigarettes. Seeing a Goldsboro Police Department (GPD) vehicle pull into the parking lot, the defendants forced an employee at gunpoint to the rear of the business, where they exited. As they fled, they fired additional shots at the pursuing officer.
WATERS and Hooker fled the scene in a vehicle driven by a third person. The vehicle drove to a residential neighborhood, where WATERS and Hooker jumped out of the vehicle and fled on foot. A GPD Officer with the K9 unit found and arrested them in a nearby backyard.
Mr. Higdon commented: “Today the Court imposed a sentence of more than 20 years on an offender who thought so little of human life that he shot at an innocent store clerk and at members of our law enforcement community over $800 and some cigarettes. This sentence should be a warning to those who would commit violent acts that we will pursue you and we will see you removed from the communities you are victimizing and terrorizing. We will ‘Take Back North Carolina’ from the violent criminals.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
In support of PSN, the United States Attorney’s Office for the Eastern District of North Carolina has implemented the Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The case was investigated by the Goldsboro Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
Georgia Man Convicted of Attempted Enticement and Traveling to Have Sex with a MinorRead the Press Release
TALLAHASSEE, FLORIDA – Yesterday afternoon after a two and a half day trial, Frantisek Pribyl, 48, of Snellville, Georgia, was convicted in the U.S. District Court in Tallahassee of attempted enticement of a minor and travel with intent to engage in illicit sexual conduct. The verdict was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
In February 2017, undercover investigators conducted “Operation Cupid’s Arrow” to identify individuals seeking to engage in sexual activity with minors. Pribyl responded to a Craigslist advertisement in which an undercover officer posed as the mother of a 14-year-old girl and then as the daughter. Over two days, Pribyl continued his conversation with the “girl” via e-mail, discussed sexual activity with her over e-mail and during a controlled telephone call, and traveled more than 250 miles to Tallahassee to meet her to have sex. Pribyl was arrested after arriving at the designated meeting location.
For the attempted enticement charge, Pribyl faces a minimum of 10 years and a maximum of life in prison. For traveling to have sex with a minor, Pribyl faces a maximum of 30 years in prison. The sentencing hearing is scheduled for September 14, 2018, at 9:30 a.m. at the United States Courthouse in Tallahassee.
The case was investigated by the Florida Department of Law Enforcement, the Panama City Police Department, the United States Immigration and Customs Enforcement Homeland Security Investigations, the U.S. Marshals Service, and the North Florida Internet Crimes Against Children Task Force. The case was prosecuted by Assistant United States Attorney Christopher J. Thielemann.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Fort Worth Man Convicted of Health Care Fraud SchemeRead the Press Release
FORT WORTH, Texas — Yesterday, following a two-day trial, a federal jury convicted David Williams, 54, of Fort Worth, Texas on four counts of Healthcare Fraud, announced Erin Nealy Cox, U.S. Attorney for the Northern District of Texas.
Each healthcare fraud count carries a statutory penalty of 10 years in federal prison and a $250,000 fine. Williams is scheduled to be sentenced by U.S. District Judge Reed O’Connor on August 27, 2018.
According to evidence presented at trial, between November 2012 through August 2017, Williams advertised on his website, getfitwithdave.com that he offered in-home fitness training and therapy through his company, “Kinesiology Specialists.” Williams identified himself as “Dr. Dave” and stated that he served clients in most of Texas, Las Vegas, Denver, Tucson, Seattle, and Orlando. Through his website, Williams told potential clients that he was accepting most health care insurance coverage plans.
In order to bill insurance companies for his services, Williams registered as a health care provider with the Centers for Medicare and Medicaid Services. In completing the application, Williams falsely certified that he was a health care provider. Williams enrolled as a health care provider at least twenty times under different names or variations of his name and his company names and falsely certified that he was a health care provider in each application. Williams would then bill the insurance companies as if he were a medical physician and as if he had provided care requiring medical decision making of high complexity when Williams actually provided fitness and exercise training to his clients.
Williams recruited potential clients through the use of flyers, the internet, and word-of-mouth, according to evidence presented at trial. Once recruited, Williams would typically meet with or speak with the new client over the phone and review their health history and goals for their planned fitness training. Williams would then typically assign a personal trainer to that individual. The personal trainer typically met with the client between one and three times a week for approximately one hour and provided fitness training. Williams would then bill insurance companies for each training session using inaccurate codes and on certain occasions, billed for services that neither he nor his staff, ever provided.
Between November 2012 through August 2017, Williams was paid in excess of $3.9 million in relation to his fraudulent billing of United HealthCare Services, Inc., Aetna, Inc., and Cigna.
The Federal Bureau of Investigation investigated the case jointly with the Texas Department of Insurance, Fraud Unit. Assistant U.S. Attorneys P.J. Meitl and Nicole Dana prosecuted.
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Fort Lauderdale Resident Sentenced to over 21 Years in Prison for Being a Felon in Possession of Firearms and Ammunition and Distributing Crack CocaineRead the Press Release
A Fort Lauderdale resident was sentenced yesterday to over 21 years in prison for being a felon in possession of a firearm and ammunition, and distributing crack cocaine.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, Ari C. Shapira, Special Agent in Charge, United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Rick Maglione, Chief, Fort Lauderdale Police Department, made the announcement.
On March 14, 2018, John Edward Bradham, 50, of Fort Lauderdale, was convicted by a trial jury of distribution of crack cocaine and being a felon in possession of two firearms and ten rounds of ammunition. Yesterday, United States District Judge William P. Dimitrouleas ruled that Bradham was an armed career criminal and sentenced him to 240 months in prison for distribution of crack cocaine, to run concurrent to 262 months in prison for the unlawful possession of firearms and ammunition convictions.
According to the court record, including evidence presented at trial and sentencing, on October 17, 2017, Bradham unlawfully sold a Ruger .380 caliber semiautomatic pistol, loaded with five rounds of ammunition, and crack cocaine. Later the same day, law enforcement arrested Bradham and executed a search warrant at his storage unit, where they recovered a second firearm, a Smith & Wesson .357 caliber revolver that was loaded with five rounds of ammunition. At the time of the criminal conduct, Bradham was a convicted felon and thereby prohibited from possessing firearms and ammunition.
Mr. Greenberg commended the investigative efforts of ATF and Fort Lauderdale Police Department in this matter. This case was prosecuted by Assistant United States Attorney William T. Shockley.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former Roman Catholic High School Intern Sentenced to 5 Years in Prison for Transporting Child PornographyRead the Press Release
PHILADELPHIA - Kevin Budianto, 24, of Philadelphia, PA, was sentenced today by U.S. District Judge Gerald A. McHugh to five years imprisonment, following his guilty plea to one count of transportation and one count of possession of child pornography, announced United States Attorney William M. McSwain. In addition, the defendant was sentenced to 10 years’ supervised release and fined $25,000.
According to court papers, Budianto, who worked at a Roman Catholic High School as an intern in 2013 after having graduated from the school in 2012, was apprehended based on two tips from Instagram, a social media platform on which Budianto posted child pornography images. Investigators thereafter determined that Budianto’s computer contained hundreds of images and videos of child pornography depicting prepubescent children, including images of sadistic and masochistic abuse.
“The images in the defendant’s possession were horrific,” said U.S. Attorney McSwain. “There simply can be no tolerance or leniency for those who exploit children. In this case, and in others like it, a significant term of incarceration is appropriate and necessary.”
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 United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania Office of the Attorney General, and the Delaware County Criminal Investigation Division, and is being prosecuted by Assistant United States Attorney Michelle L. Morgan.
Former Prince George’s County Liquor Board Official Sentenced to Five Years in Prison for Conspiracy, Bribery, and Obstruction of JusticeRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Greenbelt, Maryland – United States District Judge Paula Xinis sentenced former Prince George’s County Liquor Board official David Dae Sok Son, age 41, of Bowie, Maryland, to five years in prison, followed by three years of supervised release for conspiracy, bribery, and obstruction of justice, in a scheme involving alcoholic beverage licenses in Prince George’s County, Maryland. The defendant also was ordered to forfeit $86,000.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Acting Special Agent in Charge Kelly R. Jackson of the Internal Revenue Service – Criminal Investigation; and Chief Henry Stawinski III of the Prince George’s County Police Department.
According to his plea agreement, Son was a Commissioner on the Prince George’s County Board of License Commissioners (“Liquor Board”) from 2005 through 2014. During the 2015 Maryland legislative session, Son served as a liaison to the Prince George’s County Senate delegation. He returned to the Liquor Board later in 2015, as its Administrator and then as Chief Liquor Inspector.
As described in the plea agreement and other court documents, Son solicited and facilitated bribes from lobbyists and business owners, including co-conspirators Young Jung Paig and Shin Ja Lee. The bribe recipients were elected state officials, including then-County Councilman and Delegate William Alberto Campos-Escobar (a/k/a “Will Campos”) and then-Delegate Michael Vaughn.
For example, during a meeting on April 4, 2014, Son informed an FBI Confidential Human Source (“CHS”) that Campos needed $10,000 to pay an expense related to Campos’s campaign for Maryland State Delegate. Son told the CHS that Son had spoken with Campos about the CHS giving cash to Campos in exchange for Campos arranging for another County grant to be awarded to a non-profit organization selected by the CHS.
On or about April 9, 2014, Son told the CHS that Son had told Campos to “hook [the CHS] up” with the developer of a new business in the County, so that the developer would retain the CHS’s business services. Son explained to the CHS that the business owed Campos, because Campos obtained a tax benefit for the business. Son and the CHS then walked to the coffee shop’s parking lot, where the CHS’s vehicle was located. The CHS then retrieved $3,000 in U.S. currency from the CHS’s vehicle.
The same day, Son gave Campos the $3,000 in U.S. currency that Son had received from the CHS. And later that day, Campos sent a text message to the CHS that stated, “I owe you big time my man.”
Beginning at least by early 2015, Son solicited and facilitated bribe payments from lobbyists and business owners who were interested in the “Sunday Sales Bill,” which established up to 100 Sunday liquor sales permits in Prince George’s County. The bribes were intended to influence public officials in the performance of their official duties. For example, in 2015, Son had asked Campos to assist in passing the Sunday Sales bill by talking to one of his colleagues about the bill; both subsequently voted in favor of the bill. On April 22, 2015, after the passage of the bill, Son arranged a lunch between Campos, Paig, and Lee. A lobbyist and attorney, Matthew Gorman, also attended. During the lunch, Son told Campos to meet Paig in the men’s bathroom, saying that Paig was “going to hook you up.” In the men’s bathroom, Paig handed Campos an envelope containing a total of $4,000 cash, which constituted a bribe from Son, Paig, Lee, and Gorman. In addition, on October 19, 2015, Son received a $4,000 bribe payment for his assistance in ensuring that certain businesses received Sunday Sales licenses.
Lee and Paig subsequently talked to Son about getting beneficial legislation introduced related to the Sunday Sales bill and indicated that they would be willing to pay $50,000 to make that happen. Son spoke with Delegate Vaughn, who agreed to introduce additional legislation in the 2016 legislative session. On November 10, 2015, Son arranged for Paig and Lee to meet with Vaughn so they could make a “down payment.” After the meeting, law enforcement observed Paig and Vaughn get into Vaughn’s car, while Lee and Son waited in the parking lot. Shortly after Paig got out of the car, Vaughn drove directly to a bank in the same shopping center. Bank surveillance video shows Vaughn pulling a stack of cash out of his right pocket and handing it to the teller, and then doing the same from his left pocket. Bank records show that Vaughn deposited a total of $4,000.
On December 17, 2016, after Son had been questioned by the FBI, he hand-wrote a letter to another subject of the FBI’s investigation informing the subject that Son had been “taken” by the “Feds” and was “wired” when he last visited the subject. In the letter, Son also listed names of individuals who had “flipped,” or cooperated with the FBI. Son further described devices used by the FBI for body wires and told the subject that the subject should assume meetings with Son were being recorded. Son also laid out means by which the subject and Son could communicate secretly.
Paig pleaded guilty to bribery and was sentenced earlier this month to 41 months in prison. Campos pleaded guilty to conspiracy and bribery and was sentenced earlier this month to 54 months in prison. Delegate Vaughn was convicted of bribery and conspiracy at a trial that concluded in March 2018, and is pending sentencing. Lee and Gorman have both pleaded guilty and also are pending sentencing.
United States Attorney Robert K. Hur commended the FBI, the IRS-CI, and the Prince George’s County Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Thomas P. Windom, who prosecuted the case.
Former Nashville Judge Pleads Guilty to Federal Obstruction and Theft ChargesRead the Press Release
A former Davidson County, Tennessee judge pleaded guilty today in U.S. District Court to five counts relating to obstruction of justice, witness tampering, and stealing money from an organization receiving federal funds, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Don Cochran for the Middle District of Tennessee.
Cason “Casey” Moreland, 60, entered the plea this afternoon before Chief U.S. District Judge Waverly D. Crenshaw Jr.
According to admissions made in connection with Moreland’s plea agreement, in January 2017, the FBI began investigating whether Moreland solicited sexual favors in exchange for favorable judicial treatment while sitting as a General Sessions Court Judge in Nashville and Davidson County, Tennessee. Moreland admitted that in February 2017, he became aware that he was a target of an investigation and took steps to try to obstruct it. Specifically, he devised a scheme to pay a material witness to sign a false affidavit recanting her previous statements, which implicated his criminal conduct in trading judicial favors for sex. He also devised a scheme to have drugs planted in the witness’s car, and then to have her stopped by police, so that she would be arrested and her credibility would be destroyed. Moreland carried out these schemes by using a burner phone registered in the name of “Raul Rodriguez” and communicating with an individual who subsequently became an informant, working at the direction of the FBI.
Moreland also admitted to criminal conduct stemming from his involvement with the General Sessions Drug Treatment Court, a specialized court program designed to provide alternatives to incarceration for certain defendants. The work of the Drug Treatment Court was supported by a nonprofit entity called the Davidson County Drug Court Foundation (the “Drug Court Foundation”). Although Moreland did not have an official position with the Drug Court Foundation, he admitted that he exercised de facto authority over the Drug Court Foundation’s operations.
In connection with his plea agreement, Moreland admitted that beginning in spring 2016, he began embezzling cash from the Drug Court Foundation by directing the Drug Court Foundation’s director to deliver to his office envelopes of cash that she had collected from individuals seeking outpatient treatment for substance abuse. Then, in February 2017, after learning of the FBI’s investigation, Moreland instructed the Drug Court Foundation’s director to destroy all documents and records relating to the cash payments that he had embezzled. Finally, in February 2018, at a time when he was on pre-trial release for the original charges, Moreland admitted that he attempted to tamper with a witness by suggesting to the Drug Court Foundation’s director that she lie to the grand jury investigating his conduct.
Moreland will be sentenced on Aug. 31.
This case was investigated by the FBI and is being prosecuted by Trial Attorneys Lauren Bell and Andrew Laing of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Cecil VanDevender of the Middle District of Tennessee.
Former Nashville General Sessions Judge Pleads Guilty to Federal Obstruction and Theft ChargesRead the Press Release
Former Davidson County General Sessions Judge Cason “Casey” Moreland, 60, pleaded guilty today in U.S. District Court to five counts relating to obstruction of justice, witness tampering, and stealing money from an organization receiving federal funds, announced U.S. Attorney Don Cochran for the Middle District of Tennessee and Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division.
Moreland entered the plea this afternoon before Chief U.S. District Judge Waverly D. Crenshaw, Jr.
Moreland was originally indicted in April 2017 and charged with five counts of obstruction of justice. This indictment resulted from an FBI investigation into whether Moreland solicited sexual favors in exchange for favorable judicial treatment while sitting as a General Sessions Court Judge in Nashville and Davidson County, Tennessee. According to admissions made in connection with Moreland’s plea agreement, in February 2017, Moreland became aware that he was a target of an investigation and took steps to try to obstruct it. Specifically, he devised a scheme to pay a material witness to sign a false affidavit recanting her previous statements, which implicated his criminal conduct in trading judicial favors for sex. He also devised a scheme to have drugs planted in the witness’s car, and then to have her stopped by police, so that she would be arrested and her credibility would be destroyed. Moreland carried out these schemes by using a burner phone registered in the name of “Raul Rodriguez” and communicating with an individual who subsequently became an informant, working at the direction of the FBI.
A superseding indictment returned on March 15, 2018, charged Moreland with five additional charges stemming from his involvement with the General Sessions Drug Treatment Court, a specialized court program designed to provide alternatives to incarceration for certain defendants. The work of the Drug Treatment Court was supported by a nonprofit entity called the Davidson County Drug Court Foundation (the “Drug Court Foundation”). Although Moreland did not have an official position with the Drug Court Foundation, he exercised de facto authority over the Drug Court Foundation’s operations.
Moreland also admitted that beginning in spring 2016, he began embezzling cash from the Drug Court Foundation by directing the Drug Court Foundation’s director to deliver to his office envelopes of cash that she had collected from individuals seeking outpatient treatment for substance abuse. Then, in February 2017, after learning of the FBI’s investigation, he instructed the Foundation’s director to destroy all documents and records relating to the cash payments that he had embezzled. Finally, in February 2018, at a time when he was on pre-trial release for the original charges, Moreland admitted that he attempted to tamper with a witness by suggesting to the Drug Court Foundation’s director that she lie to the grand jury investigating his conduct.
Moreland will be sentenced on August 31, 2018.
This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Cecil VanDevender of the Middle District of Tennessee and Trial Attorneys Lauren Bell and Andrew Laing of the Criminal Division’s Public Integrity Section.
Former Mountain Energy Co. Operations and Financial Manager Pleads Guilty to Defrauding his EmployerRead the Press Release
PITTSBURGH, PA – A resident of Waynesburg, Pennsylvania, pleaded guilty in federal court to charges of mail fraud and tax evasion, United States Attorney Scott W. Brady announced today.
Kevin C. Conklin, 56, pleaded guilty to two counts before United States District Court David S. Cercone.
In connection with the guilty plea, the court was advised that Conklin was employed by Mountain Energy Company, Ltd., an energy company headquartered in Aleppo Pennsylvania that operated oil and natural gas wells in the Western District of Pennsylvania. As part of his employment, Conklin oversaw the day-to day operations of Mountain Energy and managed the financial matters of Mountain Energy.
From January 2008 through December 2012, Conklin engaged in a scheme to defraud Mountain Energy and fraudulently obtained thousands of dollars of Mountain Energy’s funds. As part of the fraudulent scheme, Conklin used checks drawn on Mountain Energy’s business bank account to pay for personal expenses, including payments for Conklin' s home, personal credit card bills, college tuition for his daughter, an engagement ring for his son and automobile payments for a personal vehicle. Conklin falsely recorded in the financial database of Mountain Energy, the payee information and purpose of the Mountain Energy’s checks used by Conklin for his personal expenses. As part of the scheme, Conklin concealed from Mountain Energy’s tax preparer and the Internal Revenue Service, the expenditure of Mountain Energy’s funds to pay for his personal expenses.
Judge Cercone scheduled sentencing for October 4, 2018. The law provides for a maximum total sentence of 25 years in prison, a fine of $500,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Mary McKeen Houghton and Paul E. Hull are prosecuting this case on behalf of the government.
The United States Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation, conducted the investigation leading to the conviction in this case.
Former Kentucky State Representative Sentenced to 2 Years for Aggravated Identity Theft for Aggravated Identity TheftRead the Press Release
PIKEVILLE, Ky. – Former Kentucky State Representative Wendell Keith Hall, 58, of Pikeville, was sentenced today to two years in prison, by Chief United States District Judge Karen K. Caldwell, for Aggravated Identity Theft. Judge Caldwell ordered that the sentence run consecutively, as required by law, to the 84-month prison sentence Hall is already serving for his 2015 conviction on bribery-related charges. In the bribery case, Hall, who owned coal mines and various coal industry-related businesses, was convicted by a Federal jury of paying a state mine reclamation inspector for favorable inspections and other favors related to the inspector’s job.
In February of this year, pursuant to a plea agreement, Hall pleaded guilty to one count of another, six-count indictment. The Aggravated Identity Theft offense was committed while Hall was pending trial and sentencing in the earlier case. The charge arose from Hall’s submission of fake documents to certify to another company, with which he had business contracts, that he had the required worker’s compensation and liability insurance coverage. Hall admitted that he caused the fake documents to be created and that they bore the forged name of an insurance executive, which was the basis of the identity theft charge.
Under federal law, Hall must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the United States Probation Office for three years to run concurrently with his other supervised release.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Amy Hess, Special Agent in Charge, Federal Bureau Investigation, jointly made the announcement.
The investigation was conducted by the FBI. The United States was represented by Assistant United States Attorneys Ken Taylor and Erin Roth.
Former Kentucky County Treasurer Indicted for Fraud and Identity TheftRead the Press Release
WASHINGTON – The former Treasurer of Jackson County, Kentucky was indicted today for stealing over $160,000 from the Jackson County government and misusing the identities of two other Jackson County employees to facilitate her thefts. Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Robert M. Duncan Jr. for the Eastern District of Kentucky, Special Agent in Charge Amy Hess of the FBI’s Louisville, Kentucky Field Division and Richard Sanders, Commissioner of the Kentucky State Police, made the announcement.
Beth N. Sallee, 37, of McKee, Kentucky, was charged in a 10-count indictment with four counts of wire fraud, four counts of theft from a program receiving federal funds, and two counts of aggravated identity theft. A date for Sallee to appear in court has not yet been scheduled.
The indictment alleges that Sallee misused her position to write a number of checks payable to herself without the approval of the Jackson County Fiscal Court. Sallee allegedly deposited these checks into her own personal checking account or for cash. Over time, those unauthorized checks totaled approximately $161,808.23. To enable her scheme, Sallee allegedly forged the signatures of at least two other Jackson County employees on the checks, and later attempted to conceal her scheme by removing pages of Jackson County financial documents, obscuring page numbers with whiteout, and requesting the removal of check images from bank statements that were to be given to an auditor.
The investigation was conducted by the FBI and the Kentucky State Police. The case is being prosecuted by Trial Attorney Jessica C. Harvey of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Andrew T. Boone of the Eastern District of Kentucky.
Any indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former Kentucky County Treasurer Indicted for Fraud and Identity TheftRead the Press Release
The former Treasurer of Jackson County, Kentucky was indicted today for stealing over $160,000 from the Jackson County government and misusing the identities of two other Jackson County employees to facilitate her thefts. Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Robert M. Duncan Jr. for the Eastern District of Kentucky, Special Agent in Charge Amy Hess of the FBI’s Louisville, Kentucky Field Division and Richard Sanders, Commissioner of the Kentucky State Police, made the announcement.
Beth N. Sallee, 37, of McKee, Kentucky, was charged in a 10-count indictment with four counts of wire fraud, four counts of theft from a program receiving federal funds, and two counts of aggravated identity theft. A date for Sallee to appear in court has not yet been scheduled.
The indictment alleges that Sallee misused her position to write a number of checks payable to herself without the approval of the Jackson County Fiscal Court. Sallee allegedly deposited these checks into her own personal checking account or for cash. Over time, those unauthorized checks totaled approximately $161,808.23. To enable her scheme, Sallee allegedly forged the signatures of at least two other Jackson County employees on the checks, and later attempted to conceal her scheme by removing pages of Jackson County financial documents, obscuring page numbers with whiteout, and requesting the removal of check images from bank statements that were to be given to an auditor.
The investigation was conducted by the FBI and the Kentucky State Police. The case is being prosecuted by Trial Attorney Jessica C. Harvey of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Andrew T. Boone of the Eastern District of Kentucky.
Any indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former Fugitive Pleads Guilty to Credit Card Fraud and Identity Theft ChargesRead the Press Release
Tampa, FL – United States Attorney Maria Chapa Lopez announces that Jose Ojeda Vera (28, formerly of Tampa) has pleaded guilty to committing aggravated identity theft and conspiring to commit credit card fraud and identity theft. He faces a maximum penalty of five years in federal prison on the conspiracy charge, followed by two years in federal prison for the aggravated identity theft charge. Vera, who was indicted on August 27, 2015, was first arrested on these charges on October 13, 2015, and thereafter released on bond. He violated his pretrial release in January 2016 and was a fugitive until his arrest on March 2, 2018.
According to court documents, Vera and his co-defendant, Yannier Arias, used a total of 45 counterfeit and unauthorized credit cards encoded and embossed with account information that had been obtained by, among other things, “skimming” credit cards at local gas stations. They used this stolen information to purchase merchandise at local merchants. Many of the victims were unaware their information had been stolen until they were notified by law enforcement.
On February 24, 2015, Vera and Arias had 18 counterfeit credit cards in their possession, all in the name “Angel Garcia,” along with two fraudulent Florida identification cards in the same name. One ID card had Vera’s photograph on it, and the other depicted Arias. The pair had made more than $6,300 in fraudulent charges two days prior. Agents also later recovered two more counterfeit credit cards from Vera’s home, along with receipts for purchases made with those cards.
On September 6, 2016, Arias was sentenced to eight years and six months in federal prison. He later unsuccessfully appealed that sentence.
This case was investigated by the Financial Crimes Task Force, which includes the United States Secret Service, the Florida Department of Law Enforcement, and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Kelley C. Howard-Allen.
Former Armenian Ambassador and a Russian National Charged in Foreign Bribery and Money Laundering SchemeRead the Press Release
Two employees of an international engineering consulting firm were charged in a superseding indictment filed today for their alleged participation in a scheme to launder bribe payments to foreign government officials for the benefit of a Columbus, Ohio-based subsidiary of Rolls-Royce plc, to secure a contract to supply equipment and services to power a gas pipeline from Kazakhstan to China.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Benjamin C. Glassman of the Southern District of Ohio, Acting Inspector in Charge Nicole Davis of the U.S. Postal Inspection Service’s Criminal Investigations Group, Assistant Director Christopher Hacker of the FBI’s Criminal Investigative Division and Special Agent in Charge Matthew J. DeSarno of the FBI’s Washington Field Office Criminal Division made the announcement.
Azat Martirossian, 62, a citizen of Armenia, and Vitaly Leshkov, 50, a citizen of Russia, were charged by a superseding indictment filed in the Southern District of Ohio with one count of conspiracy to launder money and 10 counts of money laundering. Petros Contoguris, 70, a citizen of Greece, was also charged on these counts, as well as one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA), and seven counts of violating the FCPA. Contoguris previously had been charged on all of these counts in an indictment that was filed on Oct. 12, 2017 and unsealed on Nov. 7, 2017. Martirossian, Leshkov, and Contoguris are believed to be residing outside the United States.
“The charges announced today against Azat Martirossian and Vitaly Leshkov further demonstrate the Criminal Division’s unwavering resolve to prosecute those who facilitate corruption and launder illicit proceeds,” said Acting Assistant Attorney General Cronan. “Thanks to the coordinated efforts by our prosecutors and agents—working closely with their counterparts throughout the world—these defendants will face prosecution for their allegedly corrupt schemes.”
“The charges filed today reflect the continued determination of the United States to prosecute those who engage in foreign corrupt business practices,” said U.S. Attorney Glassman. “International actors should think twice before executing bribery schemes because the United States can and will discover and prosecute such schemes and their perpetrators.”
“The U.S. Postal Inspection Service has a long history of successfully investigating complex fraud and corruption cases,” said Acting Inspector in Charge Davis. “Corruption and bribery schemes such as this involving international corporations and conspirators are not victimless crimes. This type of conduct can damage competitive domestic and international markets, and cause immeasurable economic losses both here in the United States and around the world. Anyone who engages in deceptive practices like this should know they will not go undetected and will be held accountable, regardless of where they are. The collaborative investigative work on this case conducted by Postal Inspectors and our domestic and international law enforcement partners illustrates our efforts to protect the United States and the international marketplace.”
“The allegations outlined today exemplify how a small group of individuals, who knowingly engage in illegal payments in an attempt to advance businesses dealings, create an uneven global marketplace,” said Acting Assistant Director Hacker. “The FBI with our partners continues to work these important cases in order to remove the notion that bribery, through backroom deals, is an acceptable way of doing business. This investigation demonstrates the importance of international cooperation amongst law enforcement in combatting fraud and money laundering on a global basis.”
“Today’s charges serve as a reminder of the important role the FBI plays in rooting out international corruption,” said FBI Special Agent in Charge DeSarno. “No one is above the law, so let today’s announcement be a warning to those who may try to perpetrate a similar scheme that the FBI will work with global partners in its mission to detect and prevent corrupt business practices, and we will continue to hold those who attempt to take advantage of international markets accountable.”
According to the superseding indictment, Contoguris, the founder and chief executive officer of Gravitas & CIE. International Ltd. (Gravitas), former Rolls-Royce employees and executives, and others, allegedly conspired to pay bribes to foreign officials in exchange for directing business to Rolls-Royce Energy Systems Inc. (RRESI). RRESI was a U.S.-based subsidiary of Rolls-Royce plc, the United Kingdom-based global manufacturer and distributor of power systems for the aerospace, defense, marine and energy sectors.
The superseding indictment alleges that Contoguris, working with employees of an international engineering consulting firm (Technical Advisor), including Martirossian and Leshkov, devised and executed a scheme with Rolls-Royce executives and employees, whereby Rolls-Royce would pay kickbacks to the Technical Advisor employees and bribes to at least one foreign official in Kazakhstan, and disguise these payments as commissions to Contoguris’s company, Gravitas, in exchange for helping Rolls-Royce win contracts with Asia Gas Pipeline LLP (AGP).
According to the superseding indictment, AGP was created to build and connect a gas pipeline between Central Asia and China, and the Technical Advisor purported to provide independent engineering consulting advice and other services to AGP. The superseding indictment further alleges that after AGP awarded Rolls-Royce a contract in November 2009, worth approximately $145 million, Rolls-Royce made commission payments to Gravitas, and Contoguris then passed a portion of those commission payments onto the Technical Advisor employees, including Leshkov and Martirossian, knowing that a portion of that money would be shared with a foreign official consistent with their corrupt agreement.
The charges announced today follow the Jan. 17, 2017 announcement of a deferred prosecution agreement (DPA) with Rolls-Royce plc and a more than $800 million total penalty as part of a global resolution to investigations by the Department of Justice, U.K., and Brazilian authorities related to the corrupt conduct. The charges also follow upon the Nov. 7, 2017 announcement, concerning Rolls-Royce former executives and employees James Finley, Keith Barnett and Louis Zuurhout, and Technical Advisor employee Andreas Kohler, each of whom have entered guilty pleas in connection with their respective roles in the bribery scheme. The DPA acknowledged Rolls-Royce’s cooperation in this case, including with the Department’s investigation into individuals, and significant remedial measures.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The U.S. Postal Inspection Service and the FBI’s International Corruption Squad in Washington, D.C., investigated the case. Trial Attorneys Kevin R. Gingras and Vanessa Snyder of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys J. Michael Marous and Jessica Kim of the Southern District of Ohio are prosecuting the case.
The Criminal Division’s Office of International Affairs provided significant assistance in this matter. The United Kingdom’s Serious Fraud Office provided assistance in this matter, as did law enforcement colleagues in Brazil, which both coordinated with the Department to reach simultaneous resolutions with Rolls-Royce. The Department also thanks its law enforcement colleagues in Austria, the Bahamas, Germany, the Netherlands, Singapore, Switzerland and Turkey.
The Criminal Division’s Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Five people indicted for illegally reentering the U.S. after deportationRead the Press Release
Five people were indicted for illegally reentering the United States.
Roberto Zuniga-Vega, 35, a citizen of Mexico, was found in Ohio after having been deported in September 2012, according to the indictment.
Ascencion Carrillo-Hernandez, 56, a citizen of Mexico, was found in Ohio after having been deported in 1995, according to the indictment.
Jorge Mauricio Astudillo-Jimbo, 43, a citizen of Ecuador, was found in Ohio after having been previously deported four different times, according to the indictment.
Uriel Perez-Gonzalez, 27, a citizen of Mexico, was found in Ohio after having been previously deported four different times, according to the indictment.
Wilson Cerrato-Moran, 30, a citizen of Honduras, was found in Ohio after having been previously deported twice, according to the indictment.
The cases are unrelated. They were investigated by U.S. Border Patrol and Immigration and Customs Enforcement, Department of Homeland Security.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt
Five Defendants in Methamphetamine Distribution ConspiracyRead the Press Release
GREENEVILLE, Tenn. – During the week of May 21, 2018, five defendants in an east Tennessee methamphetamine (meth) conspiracy were sentenced by the Honorable R. Leon Jordan, Senior, U.S. District Court Judge to serve time in federal prison. James Dwayne Byington, 50, Rogersville, Tennessee, was sentenced to serve 210 months. Edward Smith, 52, Rogersville, Tennessee, was sentenced to serve 70 months. Frankie Benton, 34, Bulls Gap, Tennessee, was sentenced to serve 188 months. Clay Seals, Jr., Surgoinsville, Tennessee was sentenced to serve 120 months. Curtis Carpenter, 43, of Whitesburg, Tennessee, was sentenced to serve 172 months.
In 2016, local, state and federal law enforcement agencies working together began an investigation into an evolving meth distribution network that was distributing multiple kilogram quantities of meth in and around Hawkins County, Tennessee. David Jones, 61, who lived in Chatsworth, Georgia, supplied this organization with kilograms of meth that were distributed by members of the conspiracy, most of whom were from Hawkins County, Tennessee. Jones was sentenced in April 2018 to serve 180 months in federal prison.
The convictions of Byington, Smith, Carpenter, Benton, and Seals are the result of a 49-count indictment that also charged the following individuals for their roles in the conspiracy:
- David Jones, 61, of Chatsworth, Georgia;
- Jonathan Delph, 51, of Rogersville, Tennessee;
- Stephanie Bailey, 50, of Hawkins County, Tennessee;
- Donna Strong, 54, a/k/a Donna Dunbar, of Surgoinsville, Tennessee;
- Jerry Robinette, 48, of Rogersville, Tennessee;
- Tyler Delph, 25, of Rogersville, Tennessee;
- Scottie Delph, 49, of Rogersville, Tennessee;
- James Michael Whitaker, 55, of Rogersville, Tennessee;
- Paul Bledsoe Jr., 44, of Morristown, Tennessee
- William West, 58, a/k/a Bump, of Rogersville, Tennessee;
- Leonard Brad Eidson, 43, of Bull’s Gap, Tennessee
- Phillip Burton, 49, a/k/a Burger, of Rogersville, Tennessee; and
- Toby Jones, 40, of Chatsworth, Georgia;
All of the individuals charged in this case have been convicted of conspiring to distribute meth. Many have already been sentenced in U.S. District Court and the remainder are scheduled to be sentenced between now and June 12, 2018.
The ongoing investigation leading to the indictment was the product of a partnership between Hawkins County Sheriff’s Department, Third Judicial Drug Task Force, Hamblen County Sheriff’s Department, Tennessee Highway Patrol, Appalachian High Intensity Drug Trafficking Area - Rocky Top Task Force, Third Judicial District Attorney General’s Office, U.S. Marshals Service, Bureau of Alcohol, Tobacco, Firearms and Explosives, and Federal Bureau of Investigation. Assistant U.S. Attorney J. Christian Lampe represents the United States in court proceedings.
The investigation is a result of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
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Felon Sentenced to More Than 8 Years for Trafficking FirearmsRead the Press Release
Tampa, Florida – U.S. District Judge Mary Scriven has sentenced Xavier D. Stewart (39, Temple Terrace) to eight years and four months in federal prison for possessing a firearm as a convicted felon. He pleaded guilty on February 12, 2018.
According to court documents, over the course of several days in August and September 2016, Stewart sold undercover agents cocaine and several firearms, including a semi-automatic pistol and a .357 caliber rifle. He sold the firearms to the agents knowing or having reason to believe that they would be unlawfully resold.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Frank Murray.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Federal Robbery Charges Filed Against Two Wichita MenRead the Press Release
WICHITA, KAN. – Two Wichita men were charged today with a robbery at a local Wichita liquor store during which one of them was shot, U.S. Attorney Stephen McAllister said.
Raquan Hill, 18, Wichita, Kan., and Jamaryus Moore, 19, Wichita, Kan., were charged with one count of robbery. A criminal complaint filed in U.S. District Court alleges that on May 22 Hill and Moore robbed the F & K Liquor store at 902 S. Woodlawn. A store employee gave the robbers money in a plastic bag and they left the store.
The store employee saw the two men standing outside the store after the robbery and feared they would return to shoot him. When one of the robbers turned back towards him, the store employee fired two rounds from his own gun, striking Hill in the leg. While Moore fled, the store employee held Hill at gunpoint until police arrived. Moore was arrested later after police identified the car he was driving.
If convicted, they face a penalty up to 20 years in federal prison and a fine up to $250,000. The FBI Safe Streets Task Force and the Wichita Police Department investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Federal Jury Finds Mexican Nationals Guilty of Large Cocaine Trafficking ConspiracyRead the Press Release
LEXINGTON, Ky. – Two Mexican National men residing in Louisville, Kentucky were convicted of conspiracy to distribute five kilograms or more of cocaine, after a three-day jury trial that concluded yesterday in the U.S. District Court in Lexington. Imanol Pineda Penaloza, 37, and Efrain Villa Villanueva, 24, were both found guilty of all charges. A third defendant, Sergio Aguilar Piedra, 25, had previously entered a guilty plea to the same drug-trafficking charge.
The proof at trial established that all three men participated in the conspiracy, which lasted from November 2015 until March 2018. In 2015, the Narcotics Enforcement Unit with the Lexington Police Department executed a search warrant at an address on Lonan Court, in Lexington, and seized nearly 19 kilograms of cocaine, approximately $400,000 in U.S. currency, and two firearms. And, during 2016 and 2017, the defendants continued to distribute kilogram quantities of cocaine and other drugs, in Louisville, Kentucky.
Pineda and Villa are both scheduled to be sentenced by Judge Danny C. Reeves on August 24, 2018. Piedra is scheduled to be sentenced on August 17, 2018. Each man faces a minimum of 10 years in prison and up to life imprisonment.
“The jury found that the defendants distributed significant quantities of cocaine over a three-year period, and they now will face significant punishment for their criminality,” stated United States Attorney Robert M. Duncan, Jr. “I want to commend law enforcement for their work on this investigation. As a result of strong law enforcement cooperation and partnerships among federal and local law enforcement, the community has been made safer and these defendants are being held accountable.”
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Darrell Christopher Evans, Special Agent in Charge, DEA Louisville; and Lawrence Weathers, Chief of Police, Lexington-Fayette County Division of Police, jointly announced the verdict.
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, local strategies to reduce violent crime.
Federal Jury Convicts Cibola County Woman on Armed Robbery, Firearms, and Witness Tampering Charges Arising out of Robbery of Route 66 Casino Xpress in Laguna PuebloRead the Press Release
ALBUQUERQUE – A federal jury sitting in Santa Fe, N.M., returned a verdict today finding Sara Ruiz guilty of armed robbery, firearms, and witness tampering charges arising out of the robbery of the Route 66 Casino Xpress, located in Laguna Pueblo, N.M., on Dec. 13, 2015.
Ruiz, 41, of Grants, N.M., and her co-defendants, Lorenzo Chavez, 26, and James Montano, Jr., 24, both of Cubero, N.M., were indicted on June 30, 2016. The indictment charged the three with conspiracy to violate the Hobbs Act, violating the Hobbs Act by robbing the Route 66 Casino Xpress, a gas station/convenience store and casino in Laguna Pueblo, at gunpoint; and brandishing a firearm during a crime of violence. The indictment alleged that the defendants committed the crimes on Dec. 13, 2015, in Bernalillo County, N.M. The indictment was superseded on June 13, 2017, after Ruiz’s co-defendants entered guilty pleas, and charged Ruiz with three additional counts of witness tampering.
Trial on the superseding indictment commenced on May 21, 2018, and concluded today when the jury returned a guilty verdict against Ruiz on all six counts of the superseding indictment.
Evidence at trial established that on Dec. 13, 2015, Ruiz and her co-defendants robbed the Route 66 Casino Xpress located in Laguna Pueblo. Jurors viewed surveillance footage showing Ruiz using her casino rewards card to purchase gas in the gas station area of the Route 66 Casino Xpress while the two men who later robbed the Route 66 Casino Xpress at gunpoint were in her vehicle shortly before the robbery. The jury also viewed surveillance video showing Ruiz’s vehicle as it drove around the back of the casino, and dropped off two men who exited the vehicle and entered the casino approximately a minute before the armed robbery took place.
Testimony during the trial established that in Feb. 2016, March 2016, Dec. 2016 and Feb. 2017, Ruiz attempted to tamper with and intimidate witnesses whom she expected to testify against her at trial. According to evidence presented at trial, Ruiz had numerous conversations with several witnesses during which she directed them to lie about her involvement and their knowledge of the armed robbery. Ruiz also threatened to physically hurt the witnesses if they mentioned her involvement in the armed robbery, at one point claiming she would cut the tongue out of a witness’ mouth because that’s what “she does to rats.”
At sentencing, Ruiz faces a maximum penalty of twenty years in federal prison on the Hobbs Act and witness tampering counts, and a mandatory minimum penalty of seven years in federal prison to be served consecutive to any other sentence imposed for using a firearm during and in relation to a crime of violence.
On Feb. 23, 2017, Chavez and Montano each pled guilty to Count 2 of the indictment, charging them with violating the Hobbs Act by robbing the Route 66 Casino Xpress at gunpoint on Dec. 13, 2015. Chavez also pled guilty to Count 3 of the indictment, charging him with brandishing a firearm during that robbery.
In addition to his guilty plea to the two charges in the case involving the Route 66 Casino Xpress, Chavez also entered a guilty plea to a Hobbs Act and methamphetamine trafficking charges in a separate case. In that case, Chavez was charged in a four-count indictment filed on Feb. 24, 2016. That indictment charged Chavez with possessing distribution quantities of methamphetamine on Dec. 19, 2015, and carrying a firearm in furtherance of a drug trafficking crime. It also charged Chavez with robbing an Allsups convenience store in southwest Albuquerque on Dec. 29, 2015, and with brandishing a firearm during that robbery. On Feb. 23, 2017, Chavez also pled guilty to possessing almost 61 gross grams of methamphetamine on Dec. 19, 2015, which he intended to distribute to others. He also pled guilty to robbing an Allsup’s convenience store at gunpoint on Dec. 29, 2015.
Under the terms of his plea agreement, Chavez will be sentenced within the range of 120 to 180 months in prison. Montano faces a statutory maximum sentence of 20 years in prison.
Ruiz, Chavez and Montano remain in custody pending their sentencing hearings, which have not yet been scheduled.
The case against Chavez, Montano and Ruiz, which arises from the armed robbery of the Route 66 Casino Xpress, was investigated by the Albuquerque office of the FBI and the Pueblo of Laguna Police Department, and is being prosecuted by Assistant U.S. Attorneys Elaine Y. Ramirez and Kristopher N. Houghton.
The case arising from the armed robbery of the Allsups convenience store and methamphetamine trafficking was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, and is being prosecuted by Assistant U.S. Attorneys Paul Mysliwiec and Letitia Carroll Sims.
Drug Maker Pfizer Agrees to Pay $23.85 Million to Resolve False Claims Act Liability for Paying KickbacksRead the Press Release
Pharmaceutical company Pfizer, Inc. (Pfizer), based in New York, NY, has agreed to pay $23.85 million to resolve claims that it used a foundation as a conduit to pay the copays of Medicare patients taking three Pfizer drugs, in violation of the False Claims Act, the Justice Department announced today.
When a Medicare beneficiary obtains a prescription drug covered by Medicare Part B or Part D, the beneficiary may be required to make a partial payment, which may take the form of a copayment, coinsurance, or deductible (collectively copays). Congress included copay requirements in the Medicare program, in part, to encourage market forces to serve as a check on health care costs, including the prices that pharmaceutical manufacturers can demand for their drugs. Under the Anti-Kickback Statute, a pharmaceutical company is prohibited from offering, directly or indirectly, any remuneration—which includes paying patients’ copay obligations—to induce Medicare patients to purchase the company’s drugs.
As part of today’s settlement, the government alleged that Pfizer used a foundation as a conduit to pay the copay obligations of Medicare patients taking three Pfizer drugs: Sutent and Inlyta, which both treat renal cell carcinoma, and Tikosyn, which treats arrhythmia in patients with atrial fibrillation or atrial flutter. The government alleged that, in order to generate revenue, and instead of giving Sutent and Inlyta to Medicare patients who met the financial qualifications of Pfizer’s existing free drug program, Pfizer used a third-party specialty pharmacy to transition certain patients to the foundation, which covered the patients’ Medicare copays. Pfizer allegedly made donations to the foundation to enable it to cover the copays of these patients and received confirmation from the foundation, via the specialty pharmacy, that the foundation funded the copays.
With respect to Tikosyn, Pfizer raised the wholesale acquisition cost of a package of forty .125 mg capsules of the drug by over 40 percent in the last three months of 2015. Pfizer allegedly knew that the price increase would also increase Medicare beneficiaries’ copay obligations for Tikosyn, and potentially prevent some patients from being able to afford the drug. Pfizer allegedly worked with the foundation to create and finance a fund for Medicare patients suffering from the condition treated by Tikosyn, coordinated the opening of the fund with the implementation of its price increase for the drug, and referred patients to the fund. For the next nine months, Tikosyn patients accounted for virtually all of the beneficiaries whose copayments were paid by the fund.
“Kickbacks undermine the independence of physician and patient decision-making, and raise healthcare costs,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “As today’s settlement makes clear, the Department will hold accountable drug companies that pay illegal kickbacks—whether directly or indirectly—to undermine taxpayer funded healthcare programs, including Medicare.”
“Pfizer used a third party to saddle Medicare with extra costs,” said United States Attorney Andrew E. Lelling. “According to the allegations in today’s settlement agreement, Pfizer knew that the third-party foundation was using Pfizer’s money to cover the co-pays of patients taking Pfizer drugs, thus generating more revenue for Pfizer and masking the effect of Pfizer’s price increases. The Anti-Kickback Statute exists to protect Medicare, and the taxpayers who fund it, from schemes like these. At the same time, we commend Pfizer for stepping forward to resolve these issues in a responsible manner.”
“Today’s settlement demonstrates the FBI’s commitment to making sure patients receive, and the government pays for, health care that is not compromised by kickbacks,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division. “What Pfizer is accused of doing in this case—masking charitable contributions to increase company profits—violates the basic trust patients extend to the healthcare system and threatens the financial integrity of the Medicare program.”
Pfizer has also entered into a corporate integrity agreement (CIA) with the Department of Health and Human Services Office of Inspector General (HHS-OIG). The five-year CIA requires, among other things, that Pfizer implement measures designed to ensure that arrangements and interactions with third-party patient assistance programs are compliant with the law. In addition, the CIA requires reviews by an independent review organization, compliance-related certifications from company executives and Board members, and the implementation of a risk assessment and mitigation process.
“Our corporate integrity agreement promotes independence between Pfizer and any patient assistance programs to which it may donate,” said Gregory E. Demske, Chief Counsel to the Inspector General for the United States Department of Health and human Services. “Without true independence, as we have seen in this case, drug companies may use patient assistance programs as conduits for improper payments that harm Medicare.”
The government’s resolution of this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The investigation was conducted by the Justice Department’s Civil Division and the U.S. Attorney’s Office for the District of Massachusetts, in conjunction with the Department of Health and Human Services, Office of Inspector General; the Federal Bureau of Investigation: the Department of Veterans Affairs, Office of Inspector General; and the United States Postal Inspection Service.
The claims resolved by the settlement are allegations only; there has been no determination of liability.
Dominican National Pleads Guilty to Illegal Reentry After DeportationRead the Press Release
BOSTON - A Dominican national pleaded guilty today in federal court in Boston to illegally reentering the United States after being deported.
Juan Confesor Lara Carmona, 29, pleaded guilty to one count of illegal reentry of a deported alien. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Sept. 6, 2018.
On Oct. 20, 2017, law enforcement in Lawrence encountered Lara Carmona and determined him to be illegally present in the United States. Lara Carmona was previously deported on Jan. 19, 2016.
Lara Carmona faces a sentence of no greater than two years in prison and one year of supervised release, and will be subject to deportation proceedings upon completion of his sentence.
United States Attorney Andrew E. Lelling and Thomas P. Brophy, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.
Darby Man Charged with Violating Gun Free School Zones Act for Possessing Firearm Near Philadelphia Elementary SchoolRead the Press Release
PHILADELPHIA – A federal grand jury today returned a superseding indictment against Kareem Murphy, 36, of Darby, PA, for possessing a firearm in a school zone in Philadelphia, announced United States Attorney William M. McSwain. Murphy had previously been charged with being a felon in possession of a firearm.
The charges brought today under the Gun Free School Zones Act carry a maximum sentence of five years imprisonment, and this sentence must be served consecutively to any sentence for illegally possessing the firearm. Murphy had already faced a minimum sentence of 15 years and a maximum sentence of life imprisonment for the charge of being a felon in possession of a firearm.
"Congress has mandated in the Gun Free School Zones Act that people who illegally possess firearms near schools suffer a greater penalty in order to help keep our school children safe,” said U.S. Attorney McSwain. “Anyone illegally possessing a firearm near a school can expect that we will prosecute and seek that greater penalty as part of our commitment to protect our children.”
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 Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Philadelphia Police Department, and is being prosecuted by Assistant United States Attorney Nancy Rue.
Convicted Felon Indicted on Firearms ChargesRead the Press Release
ALEXANDRIA, Va. – A federal grand jury returned an indictment today charging a Maryland man with felon in possession of firearms, conspiracy to straw purchase firearms, and making false statements to federal firearms licensees.
According to the indictment, between Dec. 3, 2017 and Jan. 6, 2018, Keith Haddock II, 26, and his co-conspirators straw purchased 27 firearms from various gun shows and gun stores using thousands of dollars of cash provided by Haddock. The straw purchasers immediately provided the firearms to Haddock. Several of the firearms have since been recovered by local law enforcement in Maryland at crime scenes or in the unlawful possession of others. Haddock was unable to purchase the firearms himself or possess the firearms because he was previously convicted of two felonies in Montgomery County, Maryland.
Haddock is charged with possession of a firearm by a felon and conspiracy to straw purchase firearms, among other crimes, and faces a maximum penalty of 10 years in prison if convicted. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, and Thomas L. Chittum, III, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after the indictment was returned. Assistant U.S. Attorney Nicholas U. Murphy II and Special Assistant U.S. Attorney Stephanie Williamson are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-236.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Cleveland man with aggravated robbery conviction sentenced to six years in prison for having rifle with obliterated serial numberRead the Press Release
A Cleveland man was sentenced to six years in prison for having a rifle with an obliterated serial number and ammunition.
Sharrieff Muhammad, 48, also known as Robert White, previously pleaded guilty to one count of being a felon in possession of a firearm.
Muhammad possessed a Norinco SKS 7.62 mm rifle with a partially obliterated serial number and ammunition on Oct. 19, 2017. Muhammad was not allowed to possess firearms because of a prior conviction for aggravated robbery with specifications.
This case was investigated by the FBI and prosecuted by Assistant U.S. Attorneys Brian Deckert and Michelle Baeppler.
Cleveland man indicted for having fentanyl, heroin and cocaineRead the Press Release
A Cleveland man was indicted in federal court for having large amounts of fentanyl, heroin and cocaine.
Aaron Reels, 51, was arrested on April 24 in possession of approximately 319 grams of heroin, 200 grams of a mixture of fentanyl and heroin, and 138 grams of cocaine, according to the indictment.
This case was investigated by the DEA and is being prosecuted by Assistant U.S. Attorney Marisa T. Darden.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. The defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Clayton Man Sentenced for Theft of FirearmsRead the Press Release
NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that yesterday, United States District Judge, Louise W. Flanagan sentenced CEDRICK JERMAINE WILLIAMS, 24, of Clayton, North Carolina, to 120 months imprisonment followed by 3 years of supervised release.
WILLIAMS was named in a four-count Superseding Indictment on August 2, 2018. On February 15, 2018, WILLIAMS pled guilty to the Theft of Firearms from a Federally Licensed Firearms Dealer.
On November 23, 2016, investigators with the Clayton Police Department (CPD), were dispatched to reports of a burglary at Trigger Happy Guns and Accessories in Clayton. Investigators determined that the perpetrator, later identified as WILLIAMS, gained access to the building by breaking the glass panes in the front door of the business. WILLIAMS initially entered the business, but soon left without taking any property. WILLIAMS returned a short time later carrying a cinderblock, which he used to break another glass window inside of the business in order to gain access to the firearms room. WILLIAMS stole five .223 caliber assault-type rifles from an unlocked gun rack on the wall and exited the business with the rifles. According to the owner of Trigger Happy Guns, each of the rifles had a 30-round magazine attached to it and there were additional 30-round magazines in close proximity to the rifles when they were stolen.
On December 21, 2016, officers with the Raleigh Police Department conducted a traffic stop of a vehicle being driven by WILLIAMS for a headlight violation. Once WILLIAMS stopped the vehicle, he exited the vehicle and fled on foot. After a brief chase, WILLIAMS was taken into custody. WILLIAMS refused to provide the officers with his name and declined to make a statement. During a search of WILLIAMS’ person, officers located an unloaded .25 caliber handgun. Additionally, the officers learned that the vehicle WILLIAMS was driving had been stolen on
December 10, 2016, and had fictitious tags attached. A search of the vehicle revealed a backpack containing WILLIAMS’ clothing and 41 pairs of sunglasses with the tags still attached.
In summary, WILLIAMS is accountable for the theft and possession of five semiautomatic firearms that had high-capacity magazines attached, as well as the possession of one handgun, for a total of six firearms. Additionally, WILLIAMS possessed stolen firearms; used or possessed the firearms in connection with another felony offense, namely, burglary; and engaged in the trafficking of firearms.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
In support of PSN, the United States Attorney’s Office for the Eastern District of North Carolina has implemented the Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Clayton Police Department, the Johnston County Sheriff’s Office, the Raleigh Police Department, and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorney Peggah Wilson handled the prosecution of this case for the government.
Central Falls Man Arraigned on Federal Firearms, Drug Trafficking ChargesRead the Press Release
PROVIDENCE, RI – A Central Falls man arrested during a Project Safe Neighborhoods investigation in Central Falls was arraigned today in U.S. District Court in Providence on federal drug trafficking and firearms charges.
Elton Andrade aka “MT Flex,”19, was arraigned on a four-count federal indictment charging him with possession with the intent to distribute 28 grams or more of cocaine base, possession of a firearm in furtherance of drug trafficking, and two counts of possession of a stolen firearm. A not guilty plea was entered during his appearance before U.S. District Court Magistrate Judge Patricia A. Sullivan.
It is alleged in court documents that Andrade is a member of a neighborhood based street gang identified as “Money Team.” It is alleged that numerous “Money Team” members’ social media postings include repeated displays of firearms, illegal narcotics and gang signs.
Andrade’s indictment and arraignment are announced by United States Attorney Stephen G. Dambruch, Central Falls Police Chief Colonel James J. Mendonca, and Special Agent in Charge of the FBI Boston Division Harold H. Shaw.
According to information presented to the Court, it is alleged that on February 26, 2018, as part of an ongoing Project Safe Neighborhoods investigation, Central Falls Police and members of the FBI’s Safe Streets Task Force executed a court-authorized search warrant at a residence Andrade shared with others. It is alleged that from Elton Andrade’s bedroom, law enforcement seized two plastic baggies containing a total of 33.24 grams of crack cocaine, two stolen firearms, a .380 caliber handgun and a .357 caliber handgun, and $1,503 in cash.
Andrade was located by law enforcement and arrested on February 28, 2018. He has been detained since his arrest.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Project Safe Neighborhoods is a federal, state and local law enforcement collaboration to identify, investigate and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.
This Project Safe Neighborhoods case is being prosecuted by Assistant U.S. Attorney Ronald R. Gendron.
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Carlisle Construction Company Pleads Guilty to Violations of the Toxic Substances Control ActRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Charles H. Bitner, Jr., age 45, of Carlisle, Pennsylvania, the President and Owner of Bitner Brothers Construction Company, Inc. (Bitner Brothers), located in Carlisle, entered a plea of guilty on May 22, 2018, on behalf of Bitner Brothers before United States Magistrate Judge Martin C. Carlson to violations of the Toxic Substances Control Act.
According to United States Attorney David J. Freed, Bitner Brothers was an experienced construction contractor certified by the U.S. Environmental Protection Agency as a lead renovator since October 2010. Charles H. Bitner, Jr. was certified as a lead renovator by the U.S. Environmental Protection Agency since October 2010. The company pled guilty to violating applicable work practices enacted pursuant to the Toxic Substances Control Act governing the reduction of lead exposure during renovations at a residential facility, by conducting power grinding without a shroud or containment system equipped with HEPA vacuum of lead-based painted surfaces.
“By ignoring important rules regarding the presence of lead in older buildings, the defendant’s actions put children in the local community at risk for serious injury,” said Assistant Special Agent-in-Charge Jennifer Lynn of the U.S. Environmental Protection Agency’s Criminal Investigation Division in Pennsylvania. “Today’s plea should serve notice that anyone who fails to comply with critical environmental regulations that protect public health will be prosecuted to the fullest extent of the law.”
The case was investigated by the U.S. Environmental Protection Agency’s Criminal Investigation Division. Assistant U.S. Attorney William A. Behe is prosecuting the case.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is five years’ probation, and a $200,000 fine. Bitner Brothers Construction agreed not to be involved in lead abatement projects for the period of probation. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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California Man Indicted on Charges Stemming from Hoax Bomb Threats to FCC and FBI HeadquartersRead the Press Release
WASHINGTON - Tyler Raj Barriss, 25, of Los Angeles, Calif., has been indicted by a federal grand jury in the District of Columbia on two counts of making hoax bomb threats, for a threat that caused an evacuation of a high-profile Federal Communications Commission (FCC) hearing, and another threat eight days later that that targeted FBI headquarters.
The announcement was made by U.S. Attorney Jessie K. Liu, Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, and Kris Cline, Principal Deputy Director of the Federal Protective Service.
Barriss currently is detained in Wichita, Kansas, where he faces state and federal charges for his role in a Dec. 28, 2017, “swatting” that led to a fatal shooting by law enforcement. “Swatting” refers to a hoax intended to cause law enforcement to respond to a particular location. The federal indictment in Kansas was unsealed on May 23, 2018, and charges Barriss with multiple counts stemming from hoax calls that ultimately led to the death of Andrew Finch.
The District of Columbia case involves two events that took place earlier in December 2017. Barriss is charged in each of those events with one count of threatening and conveying false information concerning use of an explosive. The indictment was unsealed today in the U.S. District Court for the District of Columbia.
On Dec. 14, 2017, the Federal Communications Commission was holding a widely-reported hearing. According to the government’s evidence, Barriss made threats by phone that there were explosives in the building that were set to detonate. The threats led to the FCC Chairman halting the meeting, and the building was evacuated. Further investigation revealed that no explosives were in the building, and the bomb threats were a hoax.
Also, according to the government’s evidence, on Dec. 22, 2017, after work hours, Barriss made similar threats by phone regarding explosives placed inside and outside of the J. Edgar Hoover Building, the headquarters of the FBI. Law enforcement responding to the threat ultimately determined that Barriss’s threats were again a hoax.
An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
Each of the federal charges in the District of Columbia carries statutory maximums of 10 years in prison and potential fines.
The District of Columbia case is being investigated by the FBI’s Washington Field Office and the Federal Protective Service. The case is being investigated and prosecuted by Assistant U.S. Attorneys Luke M. Jones and Mervin A. Bourne, Jr. of the U.S. Attorney’s Office for the District of Columbia.
Butte County Man Sentenced to 33 Months in Prison for National Guard Recruiting FraudRead the Press Release
SACRAMENTO, Calif. —Steel A. Davis, 45, of Chico, was sentenced today by United States District Judge Troy L. Nunley to 33 months in prison for a scheme to obtain bonuses for referring individuals to enlist in the California National Guard, U.S. Attorney McGregor W. Scott announced.
On January 29, 2018, after an eight-day trial, a federal jury found Davis guilty of eight counts of wire fraud.
“Those who receive funds from the government have a duty to follow the law,” said Frank Robey, the director of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit. “This verdict should put those attempting to defraud the U.S. government on notice that there will be consequences for their actions. Our organization and our law enforcement partners will continue to pursue those who erode the rule of law in order to exploit others for their own greed.”
“During his time as a California Army National Guard Recruiter, Steel Davis betrayed public trust by conspiring with others to illegally obtain thousands of dollars in bonus money and kickbacks” said Special Agent in Charge Sean Ragan of the FBI Sacramento field office. “The FBI is committed to working with its investigative partners to identify and vigorously pursue those who engage in public corruption and government fraud.”
According to court documents and evidence presented at trial, the United States Army contracted with a company called Document and Packaging Broker Inc. (DOCUPAK) to administer the Guard Recruiting Assistance Program (G-RAP). Under G-RAP, members of the California National Guard served as Recruiting Assistants. If a Recruiting Assistant referred a potential Guard member to a recruiting office and that person ultimately enlisted, the Recruiting Assistant was eligible to receive a $1,000 payment when a person enlisted and a second $1,000 payment when the recruit left for boot camp.
Davis was a recruiter with the California National Guard and was ineligible to participate in the G-RAP program. However, realizing the potential to make money through G-RAP, Davis gave recruits’ information to his co‑conspirators who had signed up to be Recruiting Assistants. The RAs would then file false claims with DOCUPAK that they had referred the recruits to join the Guard when, in fact, the recruits had joined on their own initiative. When the compensation was received, Davis split the proceeds of the fraud with the Recruiting Assistants.
This trial was the fourth and final trial derived from a multi-agency investigation by the Army Criminal Investigative Command Major Procurement Fraud Unit, the Defense Criminal Investigative Service, and the Federal Bureau of Investigation that began in 2012. In total, 10 former soldiers across the Fresno and Sacramento divisions of the Eastern District of California were convicted of criminal charges for abusing the GRAP program. Separate from the criminal cases, other soldiers agreed to repay bonuses as part of civil settlements with the United States.
This case was the product of an investigation by the Army Criminal Investigation Command Major Procurement Fraud Unit, the Defense Criminal Investigative Service, and the Federal Bureau of Investigation. Assistant United States Attorneys Matthew G. Morris and Katherine T. Lydon prosecuted the Sacramento cases, and Assistant United States Attorney Michael G. Tierney and Trial Attorneys Alexis J. Loeb and Jacklin Chou Lem prosecuted the Fresno cases. Assistant United States Attorney Vincente Tennerelli represented the United States in civil recovery efforts.
Other National Guard members and recruiters have been charged in similar schemes in the Eastern District of California.
- 1:14-cr-109-LJO — Jimmy D. Maldonado, 37, and Mayra L. Maldonado, 31, both of Fresno, were convicted on January 29, 2018, after a jury found them guilty of three counts of wire fraud. On May 21, 2018, Jimmy Maldonado was sentenced to six months in prison, and Mayra Maldonado was sentenced to five years of probation.
- 2:14-cr-153 TLN — Brian Kaps, 44, of Chico, pleaded guilty on November 21, 2014, to one count of wire fraud. He is scheduled to be sentenced on May 31, 2018.
- 2:14-cr-152 TLN — Sarah Nattress, 30, of Paradise, pleaded guilty on October 23, 2014, to one count of wire fraud. She is scheduled to be sentenced on May 31, 2018.
- 2:18-cr-012 TLN — Jason M. Hair, of Paradise, pleaded guilty on January 18, 2018, to one count of wire fraud and one count of making false statements. He is scheduled to be sentenced on July 12, 2018.
- 1:14-cr-107 DAD — Leonardo Pesta, 49, of Mountain View, pleaded guilty on July 27, 2015, to one count of wire fraud and was sentenced to two years of probation.
- 1:14-cr-108-LJO — Nicholas Huerta, 36, of Fresno, pleaded guilty on September 14, 2015, to one count of wire fraud and was sentenced to four years of probation.
- 2:14-cr-151 JAM — Richard C. Sihner, 55, of Elk Grove, was convicted on January 22, 2016, of 18 counts of wire fraud and one count of making false statements following a seven-day jury trial and was sentenced to 30 months in prison.
- 1:14-cr-106 DAD — Joaquin Cuenca, 40, of San Diego, was convicted on February 1, 2016, of three counts of wire fraud and one count of making false statements following a seven-day jury trial. He was sentenced to six months in prison.
Buffalo Man Pleads Guilty to Selling HeroinRead 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 Victor Felix Dejesus, 36, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possession with intent to distribute, and distribution of, heroin. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that on four separate occasions between November 10, 2016, and May 4, 2017, the defendant sold 20 to 30 grams of heroin to an individual working with the Drug Enforcement Administration.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the New York State Attorney General’s Office, under the direction of Barbara Underwood.
Sentencing is scheduled for September 7, 2018, at 2:00 p.m. before Judge Vilardo.Buffalo Man Pleads Guilty for His Role in Cross Country Drug ConspiracyRead 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 Jabriel Crews, 34, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and distribution of, 500 grams or more of cocaine before U.S. District Judge David G. Larimer. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that between January 2014 and June 1, 2016, the defendant purchased multi-kilo quantities of cocaine from a source in Houston, Texas. Co-defendant Mark Ramos, an associate of the Houston source-of-supply, would mail the cocaine to addresses in Buffalo provided by Crews. The defendant would then receive those parcels and process and repackage the cocaine for distribution at 236 Katherine Street in Buffalo. In exchange, Crews would make payment to his source in Texas using some combination of a courier and U.S. mail parcels mailed to P.O. boxes set up in the Houston, Texas area.On June 1, 2016, a search warrant was executed at 236 Katherine Street. Law enforcement officers recovered a scale with powder residue, packaging materials including bags and a vacuum sealer, identification cards, and one live bullet.
Mark Ramos was previously convicted on federal charges and is awaiting sentencing. Charles Gonzalez was charged and convicted in state court.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
Sentencing is scheduled for August 22, 2018, before Judge Larimer.Bronx Man Charged with Unlawful Possession of Defaced Firearms and Firearms Silencers, and Narcotics DistributionRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), Ashan M. Benedict, the Special Agent-in-Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms & Explosives (“ATF”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced that RICHARD LAUGEL was arrested yesterday and charged with firearms and narcotics offenses. LAUGEL will be presented this afternoon before U.S. Magistrate Judge Katharine H. Parker in Manhattan federal court.
U.S. Attorney Geoffrey S. Berman said: “As alleged, Richard Laugel had accumulated an arsenal of dangerous weapons in his Bronx apartment, including a grenade launcher and an assault rifle. Thankfully, the local and federal law enforcement officers were able to arrest Laugel without incident, and his trove of dangerous weapons has been seized.”
HSI Special Agent-in-Charge Angel M. Melendez said: “It is important to note the collaborative efforts that went into locating and apprehending this individual. And from what was found during this investigation, he appears to be a threat to public safety and someone we don’t want on the streets. This collaboration, brought together by HSI’s Border Enforcement Security Taskforce, is paramount to finding the criminals who bring in goods from abroad to support their criminal activity in our local communities.”
ATF Special Agent-in-Charge Ashan M. Benedict said: “Laugel’s alleged conduct once again demonstrates the dangerous intersection between the distribution of narcotics, the illicit possession of firearms, and violent crime. Laugel’s alleged conduct presented an extreme danger to the community, and we are grateful that he will now face prosecution in the Southern District of New York. I would like to express my appreciation to our law enforcement partners for their work on this investigation.”
As alleged in the Complaint unsealed today in Manhattan federal court[1]:
On May 22, 2018, HSI and the NYPD executed a search warrant at LAUGEL’s home in the Bronx in connection with an alleged illegal operation to distribute controlled substances. During the search, law enforcement officers recovered from LAUGEL’s home and garage, among other items, firearms silencers, a grenade launcher, an AR-15 Rifle, three handguns, two of which had defaced serial numbers, plastic molds used to make the lower receiver of handguns, firearms barrels, drill press and milling machines, ammunition, and a teddy bear that contained approximately 30 grams of cocaine.
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LAUGEL is charged with the unlawful possession of firearms silencers, which carries a maximum sentence of 10 years in prison; possession with intent to distribute narcotics, which carries a maximum sentence of 20 years in prison; and the unlawful possession of firearms with defaced serial numbers ,which carries a maximum sentence of five years in prison.
The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Mr. Berman praised the outstanding investigative work of HSI, ATF, and the NYPD.
This case is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Alison Moe and Jacob Warren are in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.