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Tuesday 22 May 2018
Wichita Gang Member Indicted on Federal Drug, Firearms ChargesRead the Press Release
WICHITA, KAN. – A member of the Insane Crips gang in Wichita was indicted today on federal drug and firearms charges, U.S. Attorney Stephen McAllister said.
Charles L. Hervey, 21, Wichita, Kan., was charged in a superseding indictment with two counts of possession with intent to distribute marijuana, two counts of unlawful possession of a firearm in furtherance of drug trafficking, one count of possession of methamphetamine with intent to distribute, one count of unlawful possession of a firearm by a user of controlled substances and one count of maintaining a residence in the 3100 block of South Pallisade.
Upon conviction, the crimes carry the following penalties:
Possession with intent to distribute marijuana, and possession with intent to distribute methamphetamine: Up to 20 years in federal prison and a fine up to $1 million on each count.
Unlawful possession of a firearm by a user of controlled substances: Up to 10 years and a fine up to $250,000.
Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.
Maintaining a premise in furtherance of drug trafficking: Up to 20 years and a fine up to $500,000.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wichita Police Department investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
OTHER INDICTMENTS
Alfredo Nino-Cruz, 29, a citizen of Mexico, is charged with one count of unlawful possession of a firearm following a felony conviction, one count of unlawful possession of ammunition following a felony conviction and one count of unlawful possession of a firearm by a person not legally in the United States. The crimes are alleged to have occurred in 2016, 2017 and 2018 in Sedgwick County, Kan.
Upon conviction, the crimes carry the following penalties:
Unlawful possession of a firearm or ammunition following a felony conviction: Up to 10 years and a fine up to $250,000.
Unlawful possession of a firearm by a person illegally in the United States: Up to 10 years and a fine up to $250,000.
The Drug Enforcement Administration investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Raul Castro-Aguda, 53, a citizen of Mexico, is charged in a superseding indictment with one count of unlawfully re-entering the United States after being deported, one count of misusing a Social Security number, one count of making a false claim of citizenship, and one count of possessing a false Social Security card. He was found Jan. 4, 2018, in Sedgwick County, Kan.
Upon conviction, the crimes carry the following penalties:
Unlawful re-entry: Up to two years in federal prison and a fine up to $250,000.
Misusing a Social Security number: Up to five years and a fine up to $250,000.
Making a false claim of citizenship: Up to five years and a fine up to $250,000.
Possessing a false document: Up to 10 years and a fine up to $250,000.
Immigration and Customs Enforcement’s Enforcement Removal Operations investigated. Assistant U.S. Attorney David Lind is prosecuting.
Justin Ware, 30, Cushing Okla., is charged with one count of unlawful possession of a stolen firearm and one count of unlawful possession of a firearm following a felony conviction. In addition, Victoria Celso, 25, Cushing, Okla., is charged with one count of unlawful possession of a stolen firearm. The crimes are alleged to have occurred in May 2018 in Sedgwick County, Kan.
Upon conviction, both counts carry a penalty of up to 10 years in federal prison and a fine up to $250,000. The Sedgwick County Sheriff’s Office 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.
Wheeling man sentenced for drug chargeRead the Press Release
WHEELING, WEST VIRGINIA – Timothy E. Billups, of Wheeling, West Virginia, was sentenced today to 15 months incarceration for distributing cocaine near a playground, United States Attorney Bill Powell announced.
Billups, age 26, pled guilty to one count of “Distribution of Cocaine Base within 1,000 Feet of a Protected Location” in February 2018. Billups admitted to selling cocaine near the Jensen playground in June 2017 in Ohio County.
Assistant U.S. Attorney Stephen L. Vogrin prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Ohio Valley Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge John Preston Bailey presided.Washington, Pa. Man Charged with Conspiracy to Distribute and Distribution of Heroin and FentanylRead the Press Release
PITTSBURGH – A federal grand jury returned a superseding indictment against a resident of the City of Washington, Washington County, Pennsylvania, on charges of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
The seven-count superseding indictment named Jerome "Bubba" Barnes, age 33, as the sole defendant.
According to the superseding indictment, from in and around June 2016, to in and around July 2017, Barnes conspired with others to distribute and possess with intent to distribute 400 grams or more of a mixture and substance containing a detectable amount of fentanyl, a Schedule II controlled substance, and a detectable amount of heroin, a Schedule I controlled substance. The superseding indictment also alleges that Barnes distributed and possessed with intent to distribute quantities of heroin and fentanyl between April and June of 2017.
The law provides for a maximum total sentence of not less than 10 years and up to life in prison, a fine of $10,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Special Assistant United States Attorney Jerome A. Moschetta is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, Pennsylvania State Police and the Washington County District Attorney’s Office Drug Task Force conducted the investigation leading to the superseding indictment in this case.
A superseding indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
U.S. Attorney Announces Charges Against Additional Members of the “Harlem Mafia Rollin’ 30s” Crips, Including “Big Homie” Randy TorresRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, James P. O’Neill, the Police Commissioner of the City of New York (“NYPD”), and Angel M. Melendez, Special Agent in Charge of Homeland Security Investigations in New York City, announced the unsealing of a Superseding Indictment charging five additional defendants, including a leader of the Rollin’ 30s Crips, RANDY TORRES, a/k/a “Rico,” with racketeering and narcotics charges as a result of their membership in the violent Crips street gang. TORRES, together with CHARLES VENTURA, a/k/a “Gutta,” DERRICK RICHARDSON, a/k/a “J Rock,” EARL BANKS, a/k/a “EJ,” and former Armed Services Member EMIL MATUTE, a/k/a “Silly,” join other members of the Rollin’ 30s who were previously charged with racketeering, firearms, and narcotics-related offenses, including WALSTON OWEN, a/k/a “Purpose,” RICHARD FELIZ, a/k/a “Dirt,” SHAQUILLE BAILEY, a/k/a “Shaq,” a/k/a “Jefe,” and MIGUEL CABA, a/k/a “Miggs.”
The Superseding Indictment charges FELIZ for the March 26, 2015, murder of Victor Chafla, an innocent bystander. OWEN, FELIZ, BAILEY, CABA, VENTURA, and RICHARDSON are already in federal custody. BANKS and MATUTE were arrested earlier today, and will be presented in Manhattan federal court before U.S. Magistrate Judge Katherine H. Parker. The case is assigned to U.S. District Judge Victor Marrero. TORRES remains at large.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged, these defendants are members of a street gang that has engaged in drug trafficking, robbery, murder, and other acts of violence. The indictment unsealed today alleges that Richard Feliz murdered innocent bystander Victor Chafla in a botched attempt to kill a rival gang member. Gang violence is a threat to the safety and security of our neighborhoods, and we will continue to work to end it.”
NYPD Commissioner O’Neill said: “The high level of collaboration employed by the NYPD and our federal partners increasingly results in appropriate, meaningful prison sentences for those convicted of engaging in these types of illegal enterprises and street violence. I commend all of the detectives and investigators involved, and the U.S. Attorney for leveling these additional charges today.”
HSI Special Agent in Charge Angel M. Melendez said: “The charges against these men span from racketeering to murder; from firearms to narcotics-related offenses. These members of the violent Crips street gang allegedly did whatever it took to fund their criminal enterprise and protect their interest. But it is in the interest of HSI and its law enforcements partners, like the NYPD, to ‘close up shop’ on these alleged criminal operations by arresting the operators and bringing them to justice.”
According to the allegations contained in the Superseding Indictment[1] and other documents in the public record, and statements made in court:
From at least in or about 2013 up to and including in or about 2017, in the Southern District of New York and elsewhere, RANDY TORRES, a/k/a “Rico,” WALSTON OWEN, a/k/a “Purpose,” RICHARD FELIZ, a/k/a “Dirt,” SHAQUILLE BAILEY, a/k/a “Shaq,” a/k/a “Jefe,” MIGUEL CABA, a/k/a “Miggs,” CHARLES VENTURA, a/k/a “Gutta,” DERRICK RICHARDSON, a/k/a “J Rock,” EARL BANKS, a/k/a “EJ,” and EMIL MATUTE, a/k/ “Silly,” were members or associates of a racketeering enterprise known as the “Rollin’ 30s,” also known as the “Harlem Mafia,” or “Dirt Gang.” In order to fund the enterprise, protect and expand its interests, and promote its standing, members and associates of the Rollin’ 30s committed, conspired, attempted, and threatened to commit acts of violence, including murder, attempted murder, and robbery; and they conspired to distribute and possess with intent to distribute narcotics.
During a dispute with a member of an opposing crew, on March 26, 2015, FELIZ fired a gun in an attempt to kill that individual. FELIZ instead hit an innocent father, Victor Chafla, in the head, while Chafla was standing outside the store where he worked stocking fruits and vegetables. Chafla died from his wounds a few days later.
* * *
Count
Charges
Defendants
Maximum Penalties
1
Racketeering Conspiracy
RANDY TORRES,
WALSTON OWEN,
RICHARD FELIZ, SHAQUILLE BAILEY, MIGUEL CABA,
CHARLES VENTURA,
DERRICK RICHARDSON,
EARL BANKS, and
EMIL MATUTE
Life in prison (all defendants except FELIZ)
Life in prison or death (FELIZ)
2
Conspiracy To Commit Murder in Aid of Racketeering
RICHARD FELIZ
Life in prison
3
Murder in Aid of Racketeering
RICHARD FELIZ
Life in prison or death
4
Use of Firearms Resulting in Death
RICHARD FELIZ
Life in prison or death
5
Narcotics Conspiracy
RANDY TORRES,
WALSTON OWEN,
RICHARD FELIZ, and SHAQUILLE BAILEY
Life in prison
Mandatory minimum of ten years in prison
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by a judge
Mr. Berman praised the investigative work of the NYPD and HSI.
The case is being prosecuted by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Jessica Fender, Drew Skinner, and Anden Chow are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.
Two Mexican Nationals Facing Federal Drug Charges Based on Significant Cocaine Seizures in New MexicoRead the Press Release
ALBUQUERQUE – Two Mexican Nationals who were arrested last week in connection with seizures of large quantities of cocaine made their initial appearances yesterday in federal court in Las Cruces, N.M. Miguel Angel Nava-Dominguez, 32, is facing cocaine trafficking offenses arising out of the seizure of more than 12 pounds of cocaine at a U.S. Border Patrol checkpoint in southern New Mexico on May 17, 2018. Fidelmar Chavez-Quezada, 52, is charged with cocaine trafficking offenses arising out of the seizure of more than 21 pounds of cocaine during a traffic stop on Interstate 10 near Lordsburg, N.M., on May 19, 2018. Both men remain in federal custody pending preliminary hearings and detention hearings, which are currently scheduled for May 24, 2018.
U.S. Border Patrol agents arrested Nava-Dominguez on May 17, 2018, after seizing approximately 5.805 kilograms (12.8 pounds) of cocaine allegedly concealed in Nava-Dominguez’s vehicle. According to the criminal complaint, the agents allegedly found the cocaine in Nava-Dominguez’s vehicle during an inspection at the U.S. Border Patrol checkpoint located on Interstate 25 near mile marker 26 in Dona Ana County, N.M.
An officer of the Lordsburg Police Department executed a traffic stop on Chavez-Quezada’s vehicle while patrolling Interstate 10 near Lordsburg on May 19, 2018. According to the criminal complaint, the officer requested and allegedly obtained Chavez-Quezada’s consent to search the vehicle. During his search of the vehicle, the officer allegedly found nine bundles, which the officer believed to contain controlled substances and led the officer to place Chavez-Quezada under arrest. The nine bundles allegedly contained approximately 9.77 kilograms (21.55 pounds) of cocaine.
If convicted of the charges against them, each man faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The case against Nava-Dominguez was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol and is being prosecuted by Assistant U.S. Attorney Selesia Winston.
The case against Chavez-Quezada was investigated by Homeland Security Investigations, the Lordsburg Police Department, and the HIDTA Region VII Drug Task Force, a multi-agency task force that conducts long term investigations targeting regional, national and international drug trafficking organizations that operate in Luna, Hidalgo and Grant counties and follow-up on cases resulting from U.S. Border Patrol and New Mexico State Police interdiction efforts, and is being prosecuted by Assistant U.S. Attorney Mark Saltman.
The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Two Eagle Butte Men Charged with Possession of a Controlled Substance and FirearmRead the Press Release
United States Attorney Ron Parsons announced that two Eagle Butte, South Dakota, men have been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.
Terry Dillabaugh, age 68, and Frederick Dillabaugh, age 56, were indicted on May 15, 2018. Terry appeared before U.S. Magistrate Judge Mark A. Moreno on May 17, 2018, and Frederick appeared before U.S. Magistrate Judge Mark A. Moreno on May 18, 2018. They both pled not guilty to the Indictment.
For Terry, the maximum penalty upon conviction is up to 50 years in custody and/or a $5,250,000 fine, 7 years of supervised release, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
For Frederick, the maximum penalty upon conviction is up to 40 years in custody and/or a $5,000,000 fine, at least 4 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 13, 2018, Terry and Frederick knowingly and intentionally possessed with intent to distribute 50 grams or more of methamphetamine, which is a Schedule II controlled substance.
The Indictment also alleges that on the same date, Terry, being an unlawful user of, and addicted to a controlled substance, knowingly received and possessed a firearm, which had been shipped and transported in interstate commerce and foreign commerce.
The charges are merely accusations and Terry and Frederick are presumed innocent until and unless proven guilty.
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 is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Both defendants were released on bond pending trial. A trial date has not been set.
Twentieth Defendant Sentenced for Federal Fraud and Money Laundering Charges Related to Telemarketing Enterprise that Targeted the ElderlyRead the Press Release
St. Louis, MO – Timothy Murphy, a/k/a Mr. Black, a/k/a Colby Muhlberg, a/k/a Arthur Whitton, 34, of Phoenix, Arizona, was sentenced to 54 months in prison in connection with a multi-count indictment arising from a fraudulent telemarketing enterprise that often targeted elderly victims. Ninety-one Missouri residents are among the approximately 4,000 victims including residents of Chesterfield, University City, St. Louis, Hannibal, Arnold, Potosi, Ballwin, Valley Park, Florissant, O’Fallon, St. Clair, and Farmington. Multiple individual victims of the scheme lost more than $50,000. Two individual victims lost more than $200,000.
On February 22, 2018, Timothy Murphy pled guilty to one count of wire fraud in connection with telemarketing and one count of conspiracy to commit money laundering before United States Judge John Ross. As led by Defendant Michael McNeill, Defendant Joshua Flynn and Defendant Murphy, and others, the telemarketing enterprise sold false and fictitious business opportunities as part of a scheme that reached across the United States and Canada and generated in excess of $28,000,000 in fraudulent sales. From 2012 through 2015, the Phoenix, Arizona based telemarketing enterprise operated under multiple business names and utilized multiple business entities over the course of the scheme, including Smart Business Pros LLC of Warson Woods, Missouri. The sophisticated money laundering activity of the telemarketing enterprise included transfers designed to promote and conceal their fraud and also to enrich the owners, organizers and leaders of the enterprise.
In October 2016, nine individuals were initially indicted. In February 2017, an additional ten individuals were indicted. In July 2017, an additional individual was indicted. All twenty defendants have now pled guilty and have been sentenced for one or more offenses arising from the scheme to defraud and money laundering. Defendants in the case were sentenced to a combined total of 595 months’ imprisonment. All defendants were ordered to pay restitution to the victims and ordered to forfeit assets. To date, approximately $1,000,000.00 has been paid toward restitution. In addition, the United States has identified numerous assets for forfeiture in this case, including more than $300,000 in cash seized from various defendants, Rolex and Breitling watches, more than 80 gold and silver coins, a 2015 Jaguar F-Type coupe, numerous firearms, private equity holdings, and an interest in a luxury home in Phoenix, Arizona.
Assistant Inspector in Charge James Ball stated, “The defendants in this large scale and sophisticated fraud targeted this nation’s elderly citizens. This investigation is fair warning to such criminals that the U.S. Postal Inspection Service is committed to protecting the vulnerable and bringing those who would victimize them to justice.”
“Honest and law abiding citizens are fed up with the likes of those who use deceit and fraud to line their pockets with other people’s money,” said Steven Slazinik, Acting Special Agent in Charge of IRS Criminal Investigation. “Those who engage in this type of fraud against the elderly should know they will not go undetected and will be held accountable.”
In addition to Mr. Murphy’s sentence of 54 months imprisonment, other defendants were sentenced to terms of imprisonment as follows: on March 6, 2018, Michael McNeill, a/k/a Mr. White, a/k/a Todd Lockwood, 48, of Phoenix, Arizona, was sentenced to 120 months in prison; on March 6, 2018, Joshua Flynn, a/k/a Mr. Pink, a/k/a Jeff Thomas, 36, of Chandler, Arizona, was sentenced to 84 months in prison; on March 1, 2018, Donald Schnock, 34, of Phoenix, Arizona, was sentenced to 60 months in prison; on March 7, 2018, Shawn Casey, a/k/a Shawn Anderson, a/k/a Daniel Arenson, 41, of Phoenix, Arizona, was sentenced to 50 months in prison; on March 8, 2018, Thomas Silha, a/k/a Keith Henderson, a/k/a Dave Marsh, 56, of Phoenix, Arizona, was sentenced to 50 months in prison; on March 7, 2018, Bruce Doll, 52, of Las Vegas, Nevada, was sentenced to 48 months in prison; on April 10, 2018, Scott Shocklee, a/k/a Fredo, 40, of Phoenix, Arizona, was sentenced to 36 months in prison; on May 4, 2018, Ashley Powell, a/k/a Brittany Wilson, 26, of Phoenix, Arizona, was sentenced to 30 months in prison; on March 8, 2018, Russell Hibbert, 44, of Phoenix, Arizona, was sentenced to 24 months in prison; on April 19, 2018, Jason Gallagher, 36, of Gilbert, Arizona, was sentenced to 24 months in prison; and on March 7, 2018, Brian Phillips, 28, of Tempe, Arizona, was sentenced to 12 months in prison.
This case was investigated by the, United States Postal Inspection Service, IRS Criminal Investigation, the Federal Bureau of Investigation, and the Office of the Arizona Attorney General. Assistant United States Attorneys Charles Birmingham, Gwendolyn Carroll, and Kyle Bateman prosecuted the case for the U.S. Attorney's Office. “These inspectors, agents, and prosecutors were persistent. They worked in close coordination and simply never gave up until the last one was sentenced,” said U.S. Attorney Jeff Jensen.
This prosecution coincides with the United States Department of Justice coordination of a nationwide elder fraud sweep. Attorney General Jeff Sessions and law enforcement partners are coordinating the largest sweep of elder fraud cases in history. The cases involve more than two hundred and fifty defendants from around the globe who victimized more than a million Americans. In total, the charged elder fraud schemes caused losses of more than half a billion dollars. The Department coordinated its sweep with the FTC and state Attorneys General, who independently filed numerous cases targeting elder frauds within the sweep period.
Elder fraud complaints
Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime, which can be reached at www.ovc.gov.
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Tucson Teacher Sentenced to 87 Months in Prison for Distribution and Possession of Child PornographyRead the Press Release
TUCSON, Ariz. – On May 22, 2018, Ryan Bono, 37, of Tucson, Ariz., was sentenced by U.S. District Judge James A. Soto to 87 months in prison. Bono previously pleaded guilty to two counts of distribution of child pornography, one count of possession of child pornography, and one count of knowing access of child pornography. Bono’s term of imprisonment will be followed by lifetime supervised release, with stringent sex offender conditions, including the condition that he register as a sex offender.
A 2017 investigation by HSI revealed that Bono had been distributing sexually explicit images of children online using file-sharing software. A search of Bono’s computers and media storage devices revealed that he had downloaded hundreds of images and videos depicting sexual abuse of pre-pubescent children. In handing down the sentence, the Court found that Bono posed a danger, in part because he had placed himself around children by working as a middle school teacher and soccer coach.
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, 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 investigation in this case was conducted by Homeland Security Investigations, Tucson Office. The prosecution was handled by Carin C. Duryee, District of Arizona, Tucson.
CASE NUMBER: CR-17-0686-TUC-JAS
RELEASE NUMBER: 2018-070_Bono
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Three Men Charged Federally with Robbery of Armored VehicleRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – Orneth Patrick South, age 48, of Charlotte, North Carolina; Ryan Shevin Smith, age 38, of Princess Anne, Maryland; and Michael D. Watts, age 42, of Brooklyn, New York, have been charged federally in connection with the robbery of an armored vehicle in Salisbury, Maryland on January 22, 2018.
The charges were 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; and Chief of Police for the Salisbury Police Department Barbara Duncan.
According to the charging documents, on Monday, January 22, 2018, at approximately 7:15 a.m., the Salisbury Police Department responded to the armed robbery of a Loomis Armored vehicle that was parked at a branch of State Employees’ Credit Union (SECU) located in Salisbury, Maryland. The Loomis vehicle driver was servicing an automated teller machine (“ATM”) at the location, when three men approached him and demanded money from the ATM as well as the armored vehicle. The driver was disarmed of his service handgun and restrained.
The defendants face a maximum sentence of 20 years in prison for the robbery, and up to life in prison for the firearm charge.
An individual charged by indictment or criminal complaint is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Robert K. Hur commended the FBI – Baltimore Field Office, FBI – Charlotte, North Carolina Field Office, FBI – New York Field Office, and the Salisbury Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Michael Cunningham and Paul Riley, who are prosecuting the case.
Syracuse Woman Sentenced to 51 Months for Credit Card Cloning SchemeRead the Press Release
SYRACUSE, NEW YORK – Taylor Boyd-White, age 27, of Syracuse, was sentenced yesterday to 51 months incarceration, followed by 3 years of supervised release, for charges relating to her role in a years-long credit card cloning operation, announced United States Attorney Grant C. Jaquith, Janelle M. Miller, Acting Special Agent-in-Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Chief Frank Fowler, Syracuse Police Department. Boyd-White was also ordered to forfeit $5,000.00 of illegal proceeds from the scheme.
As part of her guilty plea to conspiracy to commit wire fraud and conspiracy to commit money laundering, Boyd-White admitted her involvement in the scheme, which included the purchase of stolen credit card numbers belonging to hundreds of different victims. Many of the stolen credit card accounts were purchased from computer hackers located overseas. Boyd-White further admitted that she and her co-conspirators used the cloned credit cards to purchase thousands of dollars in merchandise and prepaid gift cards. Members of the conspiracy later used these to purchase United States Postal Service money orders, which they converted to cash. Boyd-White’s criminal conduct spanned from 2014 through 2016 and took place in Syracuse, as well as the state of Georgia.
This case was investigated by the Federal Bureau of Investigation, the United States Postal Inspection Service, the Syracuse Police Department – Gang Violence Task Force, the New York State Police, and the Town of Dewitt Police Department, and was prosecuted by Assistant U.S. Attorney Nicolas Commandeur.
Solon woman charged with embezzling $156,000Read the Press Release
A Solon woman was charged in federal court with embezzling $156,000 from a fund established on behalf of someone entrusted to her care.
Teresita Sidoti, 52, was charged via criminal information with bank fraud and filing false tax returns.
Sidoti worked as a caregiver for Noel Zugay and was the trustee of the Noel Zugay Supplemental Needs Trust. From 2009 through 2015, Sidoti devised a scheme to defraud the trust of funds held at Huntington Bank for Zugay’s benefit. Sidoti used those funds for her personal benefit. She also diverted deposits that should have been to the trust account into her own personal account, according to the information.
In total, Sidoti embezzled approximately $156,949, according to the information.
Sidoti also failed to claim some of this income on her tax returns between 2011 and 2014, according to court documents.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant U.S. Attorney Matthew B. Kall, following an investigation by the FBI and IRS – Criminal Investigations.
An information 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.
Soldier Creek Man Sentenced for Sexual Abuse of a MinorRead the Press Release
United States Attorney Ron Parsons announced that a Soldier Creek, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on May 22, 2018, by U.S. District Judge Roberto A. Lange.
Rylan Alton Joel Black Lance, age 23, was sentenced to 34 months in prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100
Black Lance was indicted by a federal grand jury on November 14, 2017. He pled guilty on March 7, 2018.
The conviction stemmed from an incident that occurred on August 5, 2017. On that date, Black Lance invited a 15-year-old girl to his residence in Soldier Creek, provided her alcohol and marijuana, and engaged in sexual intercourse with her. Black Lance was aware that the victim was under the age of 16, and therefore unable to consent to any sexual activity with him.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Black Lance was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced to 55 Months on Firearms ChargesRead the Press Release
United States Attorney Ron Parsons announced that U.S. District Judge Karen E. Schreier sentenced a Sioux Falls, South Dakota, man convicted of Possession of Firearms by a Prohibited Person and Possession of a Stolen Firearm, on May 9, 2018.
Dennis Eugene Cockerham, age 46, was sentenced to 55 months in custody, followed by 3 years of supervised release, and ordered to pay $200 to the Federal Crime Victims Fund, and to forfeit property.
Cockerham was indicted for possession of firearms by prohibited person, conspiracy to distribute a controlled substance, and possession of a stolen firearm by a federal grand jury on July 6, 2017. He pled guilty on February 21, 2018.
Cockerham has previously been convicted of a crime punishable by imprisonment for a term exceeding one year. In 2005, he was convicted in federal court of being a felon in possession of a firearm.
On August 25, 2016, members of the Sioux Falls Area Drug Task Force, pulled Cockerham over in his vehicle. They found a loaded pistol under the driver's seat and glass pipes in Cockerham’s pocket and another in his vehicle; both field-tested positive for meth. A subsequent search of Cockerham’s residence led police to find another handgun, along with drug paraphernalia.
Cockerham later admitted being in possession of a stolen gun on October 16, 2016. The gun was one of many that had been stolen during the burglary of a Larchwood residence in June 2016.
This case was investigated by the Sioux Falls Police Department, the Osceola County, Iowa, Sheriff's Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Jeff Clapper prosecuted the case.
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.
Cockerham was ordered to report to the U.S. Bureau of Prisons in June.
Securities Attorney Convicted of Two Market Manipulation SchemesRead the Press Release
BOSTON – A California-licensed securities attorney was convicted yesterday by a federal jury in Boston in connection with his role in schemes to manipulate the stock of two publicly traded microcap companies, Greenway Technology and Crown Marketing.
Jehu Hand, 61, was convicted following a 13-day trial of conspiracy, securities fraud and wire fraud. Following the verdict, Hand was remanded to the custody of the U.S. Marshals. U.S. District Court Judge William G. Young has not yet scheduled the sentencing hearing.
In the scheme involving the stock of Greenway Technology, Hand and his co-conspirators used front companies to conceal their control over the vast majority of Greenway’s stock, which then became available for sale to the public after Hand authored and sent several false opinion letters to the transfer agent and brokerage firms. With millions of shares at their disposal, the conspirators proceeded to hire stock promoters to send blast e-mails to potential investors touting Greenway as a company on the verge of acquiring hotels which would cater to gay and lesbian travelers, when in fact the company lacked the requisite funds to acquire any such properties. As a result of the hype created by the false and misleading promotional campaign, Hand and his co-conspirators were able to sell millions of shares of Greenway stock to ordinary investors at artificially high prices.
The scheme involving Crown Marketing stock followed a similar pattern. Hand and his co-conspirators once again used front companies to hide their control over most of Crown’s stock, which could be sold to the public as a result of a false filing that Hand had made with the U.S. Securities and Exchange Commission. The conspirators then put out misleading press releases about the company and hired stock promoters to send blast e-mails touting Crown’s stock. In this case, Crown was billed as having revolutionary drug-delivery technology, when in actuality there was no real commercial interest in Crown’s product. As with Greenway, once Crown’s stock price and trading volume spiked, Hand and his co-conspirators dumped their stock in the market at inflated prices.
In total, between the Greenway and Crown schemes, Hand and his co-conspirators caused losses of more than $1.5 million.
The charge of conspiracy provides a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000, or twice the gross loss to the victim. The charges of securities fraud and wire fraud provide for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000, or twice the gross gain or loss. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The United States Attorney’s Office received valuable assistance from the Securities & Exchange Commission and Financial Industry Regulatory Authority during the investigation of this matter. Assistant U.S. Attorney James Herbert and SEC Attorney Andrew Palid, who was appointed as a Special Assistant U.S. Attorney, are prosecuting the case.
San Francisco Methamphetamine Trafficker Sentenced to Ten Years in PrisonRead the Press Release
SAN FRANCISCO – Michael Pon was sentenced today to 120 months in prison for his role in a conspiracy to possess with the intent to distribute methamphetamine and related charges announced Acting United States Attorney Alex G. Tse and Drug Enforcement Administration (DEA), Special Agent in Charge, San Francisco Field Division, Chris Nielsen. The sentence was handed down by the Honorable Vince Chhabria, U.S. District Judge.
Pon, 46, of San Francisco, was convicted on February 2, 2018, after a week-long jury trial. The evidence at trial demonstrated Pon set the prices, arranged for the supply, and collected the money for drug deals in which he engaged with his co-defendants, Kenneth Ng and Flavia Lino. Pon participated in three controlled purchases of pure methamphetamine, in amounts ranging from a quarter pound to one pound, during the months of January and February 2014. He supplied the drugs for each transaction, and received the bulk of the money as a result of the sales. On April 23, 2014, Pon helped arrange and then called off a transaction for 11 pounds of methamphetamine after an undercover government agent refused to show the money to pay for the drugs.
On June 18, 2015, a federal grand jury indicted Pon and charged him with two counts of distributing methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A)(viii), and one count of conspiracy to distribute methamphetamine, in violation of 18 U.S.C. § 846. Pon was convicted on all three counts.
In addition to the prison term, Judge Chhabria also ordered Pon to serve a five-year period of supervised release.
Pon’s co-defendants are currently in custody. Lino pleaded guilty to distributing methamphetamine and participating in the conspiracy, while Ng was convicted after a bench trial. On December 19, 2017, Judge Chhabria sentenced Ng to ten years in prison for his role in the drug distribution scheme. On February 14, 2018, Judge Chhabria found Ng in criminal contempt for refusing to testify during the Pon trial. On March 30, 2018, Judge Chhabria sentenced Ng to 180 days of confinement for his refusal to testify. Similarly, on March 27, 2018, Judge Chhabria sentenced Lino to serve an additional 180 days of confinement for having been found in criminal contempt for her refusal to testify during Pon’s trial. Earlier, U.S. District Judge Susan Illston sentenced Lino to 36 months in prison for Lino’s part in the drug distribution scheme.
Assistant U.S. Attorneys Meredith Osborn and Brian Faerstein are prosecuting the case. The prosecution is the result of an investigation by the DEA.
Ringleaders sentenced in massive Interstate cargo theft caseRead the Press Release
Twelve defendants convicted of stealing more than $30 million in cargo
for Louisville-based crime syndicate between 2012 and 2015
PRESS RELEASE
New Albany – Josh J. Minkler, the United States Attorney, announced today that four individuals convicted of participating in a wide-ranging conspiracy to steal truckloads of high-value merchandise traveling in interstate commerce were sentenced in federal court in New Albany last Friday by U.S. District Judge Tanya Walton Pratt. Among those sentenced were the ringleaders of the theft organization, Roberto Santos-Gonzalez, 37, (“Santos”) and Carlos Enrique Freire-Pifferrer, 39, (“Freire”), as well as Juan Perez-Gonzalez, 44, (“Perez”) and Eduardo Hernandez, 55, (“Hernandez”), two commercial truck drivers who worked with the group.
Santos, Freire, Perez, and Hernandez were named, along with nine others, in a 23 Count indictment alleging that between August 2012 and May 2015, the members of the conspiracy traveled from various locations throughout the United States to Virginia, Illinois, Indiana, Kentucky, North Carolina, South Carolina, Ohio, Oklahoma, Tennessee, and other U.S. States in order to steal property being transported in interstate commerce by semi-tractor trailers. Members of the group would then transport the stolen trailers full of merchandize to locations in Kentucky, New Jersey, Florida, and elsewhere, and sell the stolen merchandise for financial gain.
At the sentencing hearings on Friday, the court talked about the sophistication of this theft ring. Specifically, the court heard that the co-conspirators would travel long distances to reconnoiter distribution facilities used by various national companies to distribute high-end electronics, clothing, pharmaceuticals and cigarettes, among other products. The group would conduct surveillance of the facility, locate and follow semi-tractor trailers leaving the distribution facilities, and then steal the entire semi-tractor and trailer when the driver of the cargo load would stop at a truck stop to rest or refuel. Typically the group would abandon the tractor portion of the stolen vehicle within 20 miles of the truck stop, but would hook the stolen trailer up to a tractor operated by another member of the conspiracy and haul the load to Louisville, Kentucky, where arrangements would be made to sell the stolen merchandize. In four instances, the cargo loads targeted by these defendants either originated at a distribution center or were stolen from a truck stop in central Indiana. Additionally, in many instances, the defendants transported the stolen cargo through the Southern District of Indiana to Louisville using Interstate Highways 64, 65, and 69.
The loads targeted by the crime syndicate included truckloads of T-Mobile cellular telephones, Samsung appliances, Ralph Lauren clothing, Dell Computers, HP computers, Pfizer pharmaceuticals, Mead Johnson baby formula, Lorillard cigarettes, and one truckload of LG cellular telephones valued at $11.9 million.
The court also heard that many of the members of the group had prior federal convictions for remarkably similar conduct, including Santos, Perez, and Eduardo Hernandez. Due to their prior criminal history and extensive involvement in the new criminal conspiracy, the court on Friday sentenced Santos to 150 months imprisonment and Perez to 108 months imprisonment. Freire and Hernandez were sentenced to 87 months and 12 months, respectively. Prior to Friday’s hearing, the court sentenced seven other defendants for their role in the conspiracy, including: Orlis Machado-Cantillo (96 months), Mario Hernandez-Oquendo (79 months), Daniel Gonzalez-Insua (72 months), Yoel Palenzuela-Mendez (60 months), Miguel Mompie (57 months), Carlos Mendez-Rosa (40 months), and Ritzy Robert-Montaner (probation).
According to Assistant United States Attorneys Matthew J. Rinka and James M. Warden, all defendants will be supervised by the U.S. Probation Office for a period of three (3) years following their release from custody.
The convictions in this case were the product of a collaborative, years-long investigation by the Federal Bureau of Investigation and the Kentucky State Police Vehicle Investigations Branch, with assistance from the Louisville Metropolitan Police Department, Wythe County (Virginia) Sherriff’s Office, Fayette County (Ohio) Sherriff’s Office, and the National Insurance Crime Bureau.
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Red Rock Woman Pleads Guilty to Embezzling from the Otoe-Missouria TribeRead the Press Release
OKLAHOMA CITY – TRACI PICKERING, 35, of Red Rock, Oklahoma, has pleaded guilty to embezzling from the Otoe-Missouria Tribe, announced Robert J. Troester, Acting U.S. Attorney for the Western District of Oklahoma.
On May 11, 2018, the U.S. Attorney filed a one-count information against Pickering that alleged she embezzled more than $1,000 from the tribe between March 1, 2017, and March 23, 2017.
On May 22, 2018, Pickering pleaded guilty before U.S. District Judge David L. Russell to embezzlement from the tribe. In particular, she admitted she issued debit cards for tribal members and used the money on the cards for personal expenses. She acknowledged that the tribal members did not receive the cards and that the tribe suffered a financial loss.
As a result her guilty plea, Pickering faces a maximum sentence of five years in prison. She has agreed to pay restitution to the tribe in the amount of $13,074. She could also receive up to three years of supervision after release from prison and a fine of up to $250,000. Sentencing will take place in approximately ninety days.
This case is the result of an investigation by the Bureau of Indian Affairs. It being prosecuted by Assistant U.S. Attorney Rozia McKinney-Foster.
Reference is made to court records for further information.
Randel Probst Receives Award for Exemplary Service in Support of Project Safe NeighborhoodsRead the Press Release
Rapid City, SD – United States Attorney Ron Parsons announced that Randel Probst, retired special agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), has received the U.S. Attorney’s Award for Exemplary Service to Project Safe Neighborhoods, one of the cornerstones of the Department of Justice’s ongoing fight against violent crime.
Probst was presented with the award during a ceremony at the U.S. Attorney’s office in Rapid City on May 18, 2018, as part of National Police Week.
Probst distinguished himself with exemplary service to our Nation during approximately 30 years of investigations and prosecutions of violent offenders and others who committed crimes involving guns. His career spanned from 1987 to December 2017. Probst worked for ATF in Hawaii, Oregon, Nevada, and South Dakota. During his career, he examined more than 1,000 firearms and ammunition to determine the manufacturer, model, caliber/gauge, serial number, place of manufacture, function and design, and status related to the National Firearms Act.
“As a special agent with the ATF, Randy Probst had critical knowledge and expertise regarding illegally possessed firearms that are too often used to commit crimes, safeguard illegal drugs, and harm South Dakotans,” said U.S. Attorney Parsons. “Probst was always a consummate professional and team player, lending his expertise to our prosecutors and helping to develop strategies for the successful interdiction of guns that have fallen into the hands of criminals. For all of this, he has our enduring gratitude and respect.”
In presenting the award, Parsons stressed that Probst has provided valuable support of the Department’s Project Safe Neighborhoods mission. Probst regularly helped agents in central and western South Dakota, and lawyers in the U.S. Attorney’s Office, determine interstate nexus, determine the functionality of seized firearms, and analyzed silencers, sawed-off shotguns, or machine guns. Additionally, he would drive to rural communities, including Indian country, to retrieve firearms for analysis. He provided both formal and informal training to law enforcement officers on a variety of topics related to firearms and ammunition. He had a “can do” attitude and regularly lent his expertise to DOJ work, which moved numerous firearms cases forward over the past years. Though he is missed, Probst has come back since retirement to complete his work on some existing cases.
Project Safe Neighborhoods is an area of enhanced focus for the Department of Justice and this administration. PSN is a nationwide commitment to reduce gun crime in America by networking with existing local programs that target gun crime, and providing those programs with additional tools to fit the specific gun crime problems in each area. The goal is to create safer neighborhoods by reducing gun violence and sustaining that reduction. Since its inception in 2001, funds have been used to hire new federal and state prosecutors, support investigators, provide training, distribute gun lock safety kits, deter juvenile gun crime, and develop and promote community outreach efforts as well as to support other gun and gang reduction strategies.
For more information on PSN efforts, please visit: https://www.atf.gov/firearms/project-safe-neighborhoods-psn
Portland Man Sentenced to Eight Years in Federal Prison for Dealing HeroinRead the Press Release
Downloadable file: SENTENCING-Ruggles-Final.pdf
PORTLAND, Ore. –Joshua Paul Ruggles, 34, of Portland, was sentenced today to eight years in federal prison for possession with intent to distribute heroin.
According to court documents, on March 11, 2017, a Portland Police Bureau (PPB) officer responded to a report of a car prowler at the Pine Point Apartments on Southeast Pine Street in Portland. The 9-1-1 caller reported seeing a man who was not a resident of the complex rummaging through a minivan with a flashlight. When the officer arrived on scene, he observed a minivan with two male suspects inside. As one of the suspects, later identified as Ruggles, began to walk away from the minivan, the officer instructed him to stop and talk. Ruggles replied that he hadn’t done anything and continued walking away. The officer observed Ruggles holding an unknown dark object and reaching for his waistband.
The officer detained Ruggles and asked if he had any weapons on him. Ruggles declined. After finding brass knuckles on his person, the officer arrested Ruggles for carrying a concealed weapon. During a subsequent search, officers found $856 in cash in Ruggle’s right front pocket and several baggies of methamphetamine and heroin labeled for sale, a digital scale with drug residue, and a small loaded handgun in his groin area.
Ruggles previously pleaded guilty to one count of possession with intent to distribute heroin on December 14, 2017.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) with assistance from PPB. It was prosecuted by Leah K. Bolstad, Assistant U.S. Attorney for the District of Oregon.
Portland Man Sentenced to 220 Months in Federal Prison for Distribution of Methamphetamine (Photo)Read the Press Release
Downloadable file: Backpack Contents
Downloadable file: Backpack
Downloadable file: SENTENCING-Carpenter-Final-Updated.pdfPORTLAND, Ore. – On May 21, 2018, Jeramy Theodore Carpenter, 35, of Portland, was sentenced to 220 months in federal prison for conspiracy to possess with intent to distribute methamphetamine.
According to court documents, on September 15, 2016, Carpenter and a co-conspirator arranged to sell two ounces of methamphetamine for $800. With Carpenter hiding in the back seat of a sport-utility vehicle, the co-conspirator drove to an agreed upon location to meet their buyer. The buyer entered the vehicle and sat in the front passenger seat. Carpenter raised up from the back seat and struck the buyer multiple times in the back of the head with a firearm, asking “Where’s my money?” After further interrogation, the victim persuaded Carpenter and the co-conspirator to drop him off to retrieve the money from a safe deposit box. The victim escaped and called police.
Multnomah County Sheriff deputies applied for and obtained a search warrant to search Carpenter’s garage and the vehicles associated with him and his co-conspirator. While searching the garage, they discovered plastic wrap from a used or discarded kilogram of methamphetamine, drug records, a money counter, and a backpack containing Carpenter’s wallet, identification, and prescription medications. Carpenter’s backpack also contained over 1,100 grams of methamphetamine, a digital scale, two firearms, three pairs of brass knuckles, and $1,000 in cash. Deputies found a third firearm in Carpenter’s vehicle and fourth in his spouse’s vehicle.
Carpenter previously pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine on January 22, 2018.
This case was investigated by the Multnomah County Sheriff’s Office Special Investigation Unit (SIU) and prosecuted by Leah K. Bolstad, Assistant U.S. Attorney for the District of Oregon.
Panga Boat Pilot and Guide Sentenced to CustodyRead the Press Release
Assistant U. S. Attorney Christopher Alexander (619) 546-6665
NEWS RELEASE SUMMARY – May 21, 2018
SAN DIEGO – Juan Alejandro Castro-Reza, the pilot of a panga style boat, was sentenced in federal court Monday to 24 months in prison for bringing 11 undocumented immigrants into the United States from Mexico.
Castro-Reza and Javier Guadalupe Lerma-Enriquez pleaded guilty in connection with the events of November 18, 2017, when the U.S. Border Patrol observed the vessel on the open sea operating at night and heading at a high rate of speed for an area about a mile north of the international border. Upon making landfall, the vessel’s 13 occupants fled before being apprehended by Border Patrol agents.
U.S. Border Patrol agents identified all of the vessel’s occupants as citizens of Mexico without any legal right to enter the United States. Through investigation, agents learned that Lerma-Enriquez was to guide the smuggled aliens once they were inside the United States.
At sentencing, U.S. District Judge Cathy Ann Bencivengo found that Castro-Reza’s conduct created a substantial risk to the immigrants on board the vessel and noted that he had smuggled immigrants using a panga boat before.
“Smugglers who have no regard for the safety of immigrants are stuffing people into their trunks, abandoning them in treacherous terrain and cramming way too many onto small boats to take a dangerous journey across the ocean,” said U.S. Attorney Adam Braverman. “Our anti-smuggling efforts are in full force because we want to save lives. Today’s sentence is another step toward that goal.”
DEFENDANTS Case Number 17CR4227-CAB
Juan Alejandro Castro-Reza Age: 45 San Felipe, B.C., Mexico
Javier Guadalupe Lerma-Enriquez Age: 23 Los Mochis, Sinaloa, Mexico
SUMMARY OF SENTENCES
DEFENDANTS SENTENCE
Juan Alejandro Castro-Reza 24 months of custody, 3 years of supervised release, no fine, and a special assessment of $100.00
Javier Guadalupe Lerma-Enriquez 12 months and one day of custody, 3 years of supervised release, no fine, and a special assessment of $100.00
SUMMARY OF CHARGES
Bringing in Undocumented Aliens and Aiding and Abetting – Title 8, U.S.C., Section 1324(a)(1)(A)(i) and (v)(II).
Maximum penalty: 10 years’ imprisonment and $250,000 fine.
AGENCIES
United States Border Patrol
Oregon man sentenced for failing to register as a sex offender after moving to GeorgiaRead the Press Release
ATLANTA - Timothy Chenault has been sentenced for failing to register as a sex offender after he moved to Georgia from Oregon. Chenault was convicted in Oregon of attempt to commit rape and sexual abuse.
“Citizens have a right to know if they live or work near a registered sex offender,” said U.S. Attorney Byung J. “BJay” Pak. “This is a matter of public safety. Chenault's sentencing shows that those sex offenders who come to Georgia, but choose not to register will be held accountable for their failure to comply with the law.”
According to U.S. Attorney Pak, the charges and other information presented in court: The Sex Offender Registration and Notification Act requires people who commit certain sex crimes to register as sex offenders regardless of what state they live in or what state they move to. In June 1992, Chenault lured a 14-year-old girl to a field in Oregon where he raped her and threatened to harm her if she told anyone. He was convicted in November 1992 of attempt to commit rape and sexual abuse. His conviction required him to register as a sex offender. He did in fact register in Oregon when he was released from prison, and he continued to register through December 2013.
However, by February 13, 2015, Chenault moved to Georgia and he never informed law enforcement in Oregon that he was leaving that state, nor did he register as a sex offender while living in Georgia.
Timothy Chenault, 48, of Atlanta, Georgia was sentenced on May 21, 2018 to two years in prison to be followed by five years of supervised release. Chenault was convicted failing to register as a sex offender on February 21, 2018, after he pleaded guilty.
This case was investigated by the U.S. Marshals Service.
Assistant U.S. Attorney Paul R. Jones prosecuted the case.
This case is being brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Oregon Couple and Tennessee Accomplice Indicted on Federal Drug Trafficking ChargesRead the Press Release
Jackson, TN – On May 21, 2018, a federal grand jury returned a two-count indictment charging three defendants with conspiracy to distribute large amounts of marijuana and one defendant with illegally possessing firearms. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the indictments today.
According to information presented in court, on May 17, 2018, the Jackson Metro Narcotics Unit received information about manufacturing marijuana at a residence in Madison County. Law enforcement discovered an active marijuana indoor grow operation inside the residence. From the residence and a tour bus located on the property, law enforcement seized 20 pounds of marijuana and three pounds of butane hash oil, a marijuana concentrate. They also seized 11 firearms, $7,000 in U.S. currency, and a Toyota Tacoma pickup truck, along with the tour bus.
The three defendants indicted and currently in custody on federal charges are:
William Brian Cisco, 43, Jackson, Tennessee
Michael Boutin, 58, Medford, Oregon
Tawni Boutin, 56, Medford, OregonCount 1 charges William Brian Cisco, Michael Boutin and Tawni Boutin with knowingly and intentionally manufacturing, attempting to manufacture, possessing with intent to distribute and attempting to possess with the intent to distribute marijuana and marijuana concentrates.
Count 2 charges William Brian Cisco with possession of a firearm in the furtherance of a drug trafficking crime.
The defendants, Mike Boutin and wife Tawni Boutin, have previously been featured as marijuana farmers on a television show called "Weed Country." Weed Country was an American reality television series on the Discovery Channel that premiered on February 20, 2013, during Discovery Channel’s programming block titled "Weed Wednesdays." The series followed dealers, growers and patients of the marijuana trade located within the Emerald Triangle, a remote fertile area on the border of Northern California and Oregon, along with the enforcers of the law at the Siskiyou County Sheriff’s Office. The series showed the battle between cops, dealers and the growers looking to engineer some of the most powerful marijuana on earth.
U.S. Attorney D. Michael Dunavant said; "In the Controlled Substances Act, Congress has generally prohibited the cultivation, distribution, and possession of marijuana. It has established significant penalties for these crimes which reflect Congress’s determination that marijuana is a dangerous drug and that marijuana activity is a serious crime. Here in the Western District of Tennessee, we are not ‘weed country,’ and this office will enforce the rule of law by prosecuting marijuana cultivation, distribution, and possession aggressively, consistently, and unapologetically."
Madison County Sheriff John Mehr said: "I commend the Jackson Metro Narcotics Unit for their hard work in this case and appreciate U.S. Attorney D. Michael Dunavant for the Western District of Tennessee for prosecuting this case. Especially, since this was a seizure of high grade marijuana brought into our county from out of state."
If convicted, the defendants face maximum sentences of up to 10 years imprisonment for the drug trafficking charge and up to 25 years imprisonment for the possession of firearm charge and $250,000 fine.
The charges and allegations contained in the indictment are merely accusations, and the defendants are considered innocent unless and until proven guilty.
The Jackson-Madison County Metro Narcotics Unit investigated this case.
Assistant U.S. Attorney Matt Wilson is prosecuting this case on the government’s behalf.
Orange County Man Sentenced to Federal Prison for Second Conviction of Illegally Importing Protected Asian SongbirdsRead the Press Release
LOS ANGELES – A local man has been sentenced to 18 months in federal prison for conspiring to unlawfully import Asian songbirds from Vietnam to the United States.
Sony Dong, 56, of Westminster, was sentenced Monday morning by United States District Judge S. James Otero, who immediately remanded Dong into custody.
In handing down the sentence, Judge Otero noted the “deplorable” conditions under which the birds were smuggled, and further noted that if birds died while in route that was something looked upon as a cost of doing business.
Dong admitted in a plea agreement that he recruited a courier who travelled to Vietnam on several occasions and brought back Asian songbirds that were packed into one or more suitcases in a manner designed to escape detection by U.S. authorities. At the conclusion of one trip in December 2016, the courier arrived at Los Angeles International Airport, where authorities discovered 30 Asian songbirds concealed in two suitcases.
Each of the 30 birds found in the suitcases was a Chinese Hwamei, Garrulax canorus, a species of Asian songbirds protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Each of the birds was packed in a tiny wooden box that was placed under a layer of foil within each suitcase. At the time the birds were discovered at LAX, Dong was waiting at the airport to pick up the courier and receive the Asian songbirds.
Judge Otero noted that Dong previously was convicted of wildlife trafficking charges. In June 2010, Dong was sentenced to four months imprisonment after pleading guilty to causing the unlawful importation of Asian songbirds into the United States. In that case, Dong smuggled Asian songbirds into the United States by having the birds strapped to both of his legs. During Monday’s sentencing hearing, Judge Otero noted that the prior prison term apparently was insufficient to deter Dong from criminal conduct.
The sentence imposed on Dong also recognized the fact that the unlawful importation of the Asian songbirds caused a substantial risk of disease transmission. The United States Animal Plant Health Inspection Service has identified Vietnam as a region with highly pathogenic avian influenza.
This case was investigated by the U.S. Fish and Wildlife Service, U.S. Immigration and Customs Enforcement’s Homeland Security Investigation, and U.S. Customs and Border Protection. The U.S. Department of Agriculture, Sea World and the San Diego Zoo provided assistance.
This case was prosecuted by Assistant United States Attorney Dennis Mitchell of the Environmental and Community Safety Crimes Section.
Navajo Man Sentenced to Prison for Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Zachary Wilson, 28, an enrolled member of the Navajo Nation who resides in Dulce, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 36 months in prison followed by five years of supervised release for his conviction on sexual abuse charges. Wilson also will be required to register as a sex offender.
Wilson was arrested on May 1, 2017, on a two-count indictment charging him with sexual abuse and abusive sexual contact on July 30, 2016, on the Jicarilla Apache Indian Reservation in Rio Arriba County, N.M.
On Jan. 9, 2018, Wilson pled guilty to two counts of abusive sexual contact. In entering the guilty plea, Wilson admitted that on July 30, 2016, he engaged in two acts of sexual contact with a Jicarilla Apache female who had not reached the age of majority. Wilson also admitted providing alcohol to the minor victim who became so intoxicated that she was incapable of declining to participate in or communicate the unwillingness to engage in a sexual act.
This case was investigated by the Farmington office of the FBI and the Jicarilla Apache Tribal Police Department. The case was prosecuted by Assistant U.S. Attorney Elisa Dimas pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was driven largely by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Nantucket Hospital Settles Allegations of Improper Recordkeeping and Handling of Controlled SubstancesRead the Press Release
BOSTON – The U.S. Attorney’s Office reached a $50,000 civil settlement today with Nantucket Cottage Hospital (NCH) in connection with the improper recordkeeping of Schedule II controlled substances by its pharmacy and the failure to maintain effective controls against diversion.
“Under the law, hospitals like NCH have a special responsibility to ensure that controlled substances are used for patient care and are not diverted for non-medical uses,” said United States Attorney Andrew E. Lelling. “Diversion of these drugs feeds addiction and fuels the opioid epidemic that has had devastating effects throughout Massachusetts, including in island communities like Nantucket.”
“DEA registrants are responsible to handle controlled substances and ensure that complete and accurate records are being properly kept and accounted for in compliance with the Controlled Substance Act,” said DEA Acting Special Agent in Charge Albert Angelucci. “Failure to do so increases the potential for diversion and jeopardizes public health and public safety. DEA pledges to work with our law enforcement and regulatory partners to ensure these rules and regulations are followed.”
NCH is a member of Partners HealthCare and an affiliate of Massachusetts General Hospital. According to the settlement, the government’s investigation revealed that NCH failed to account for several controlled substances, improperly placed prescription drugs in an unlocked pharmacy refrigerator, and stored keys for the expired-medications cabinet in an unlocked pharmacy drawer. NCH also failed to maintain invoices and other records required by law, and failed to report the loss of controlled substances in a timely manner.
NCH and Partners cooperated with the DEA’s investigation and implemented new recordkeeping and security measures. NCH and Partners also agreed to permit the DEA to perform inspections of the pharmacy without a warrant, and to register NCH as a drug collection site that will handle the disposal of drugs for NCH patients and Nantucket residents.
United States Attorney Lelling and DEA Acting SAC Angelucci made the announcement today. Assistant U.S. Attorney Jason C. Weida of Lelling’s Civil Division handled the matter.
Mexican National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON - A Mexican national was sentenced today in federal court in Boston for illegally reentering the United States after being deported.
Erasmo Aguirre Gomez, 28, was sentenced by U.S. District Court Judge George A. O’Toole Jr. to time-served and one year of supervised release. Gomez will be subject to deportation proceedings. On May 15, 2018, Aguirre Gomez pleaded guilty to one count of illegal reentry of a deported alien.
On Jan. 11, 2017, law enforcement in Boston encountered Aguirre Gomez and determined him to be illegally present in the United States. Aguirre Gomez had previously been deported to Mexico on Dec. 20, 2010.
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. Attorneys Kenneth G. Shine and Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit prosecuted the case.
Mexican National Arrested for Allegedly Creating and Selling Fraudulent Immigration Documents, Social Security CardsRead the Press Release
PROVIDENCE, RI – A Mexican national who has an application for lawful permanent resident status pending with immigration authorities was arrested in Providence and ordered detained in federal custody today for allegedly creating and selling fraudulent immigration and social security documents using stolen personal identifying information.
Eufemio Aguilar, 50, of Providence, was ordered detained following his initial appearance in U.S. District Court before U.S. District Court Magistrate Judge Patricia A. Sullivan on a criminal complaint charging him with immigration document fraud and aggravated identity theft.
According to court documents and information presented to the Court, it is alleged that since at least August 2017, Aguilar has been creating and selling fraudulent federal government documents, such as fraudulent lawful resident cards and social security cards, at times using stolen personal identifying information such as actual social security numbers. It is alleged that he created and sold the documents from his Providence residence.
According to court documents, based on information developed by investigators, on at least three occasions Homeland Security Investigations Immigration and Customs Enforcement (HSI ICE) agents and Providence Police detectives arranged for the creation and delivery of fraudulent immigration documents and/or social security cards from Aguilar for $100 dollars each.
Earlier today, HSI ICE agents and Providence Police, with the assistance of Central Falls and Warwick Police, executed a federal court-authorized search warrant at Aguilar’s residence and seized, among other items, five laptop computers, two document producing machines and supplies used in the manufacture of government documents, several fraudulent government documents, and $27,000 in cash.
Aguilar’s arrest and detention are announced by United States Attorney Stephen G. Dambruch, Homeland Security Investigations Special Agent in Charge Peter C. Fitzhugh, Providence Police Chief Colonel Hugh T. Clements, Jr., Central Falls Police Chief Colonel James J. Mendonca and Warwick Police Chief Colonel Stephen M. McCartney.
The case is being prosecuted by Assistant U.S. Attorneys Richard W. Rose and John P. McAdams.
A criminal complaint 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.
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Mexican Man Charged for Reentering the United StatesRead the Press Release
The United States Attorney for the District of Vermont and the Swanton Sector Office of the United States Border Patrol announce that Zein Diaz-Ventura, 27, a citizen of Mexico, was arraigned yesterday in U.S. District Court on an indictment charging him with reentering the United States after having previously been removed from the country. U.S. Magistrate Judge John Conroy ordered the defendant detained pending trial.
According to court records, Diaz-Ventura was the passenger in a vehicle with license plates “not on file” traveling on State Route 105 in Richford, Vermont in the evening on May 11, 2018. U.S. Border Patrol pulled over the vehicle and subsequently determined that Diaz-Ventura has two prior 2012 misdemeanor convictions for illegal entry into the United States and has been removed from the United States on three occasions. In addition, Diaz-Ventura was convicted of misdemeanor battery (domestic violence) in Florida in 2012.
The United States Attorney emphasizes that the charge against Diaz-Ventura is merely an accusation, and that the defendant is presumed innocent unless and until he is proven guilty.
If convicted, the defendant faces up to 2 years of imprisonment and a fine of up to $250,000. The actual sentence would be determined with reference to federal sentencing guidelines.
The Swanton Sector Border Patrol is responsible for securing the land border between ports of entry in Vermont as well as New Hampshire and northeastern New York. The assistance of citizens is invaluable in helping the U.S. Border Patrol accomplish their border security mission and they welcome community members to help them keep our nation’s borders safe by reporting suspicious activity at 1-800-689-3362.
For more on CBP’s mission at our nation’s ports of entry with CBP officers and along U.S. borders with Border Patrol agents, please visit the Border Security section of the CBP website.
Diaz-Ventura is represented by the Office of the Federal Public Defender. The prosecutor is Assistant U.S. Attorney Nicole Cate.
Marshall County man sentenced for drug chargeRead the Press Release
WHEELING, WEST VIRGINIA – Carl N. Hooker, of Moundsville, West Virginia, was sentenced today to 30 months incarceration for a drug charge, United States Attorney Bill Powell announced.
Hooker, age 56, pled guilty to one count of “Conspiracy to Distribute and to Possess with the Intent to Distribute Oxycodone” in April 2018. Hooker admitted to conspiring with others to distribute oxycodone, from 2009 to November 2017 in Marshall County.
Assistant U.S. Attorney Robert H. McWilliams, Jr. prosecuted the case on behalf of the government. The Marshall County Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge John Preston Bailey presided.Man Pleads Guilty to Production of Child PornographyRead the Press Release
RICHMOND, Va. – A Dinwiddie County man pleaded guilty today to production of child pornography.
According to court documents, throughout 2017, Thomas Burke, 34, sexually abused two minors under 12 years of age and produced images of the abuse with his cell phone. Federal agents executed a search warrant at Burke’s Dinwiddie County residence after the images he produced were discovered by Australian law enforcement on the computers of an Australian individual who was being investigated for child pornography offenses. Burke had sent the images, as well as other child pornography, to the Australian defendant over the “Kik” application on his cell phone.
Burke pleaded guilty to production of child pornography and faces a mandatory minimum penalty of 15 years and a maximum penalty of 30 years when sentenced on August 23. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the 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.justice.gov/psc.
Tracy Doherty-McCormick, Acting U.S. Attorney for the Eastern District of Virginia, and Patrick J. Lechleitner, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C., made the announcement after U.S. District Judge M. Hannah Lauck accepted the plea. Special Assistant U.S. Attorney Gene Fishel is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:18-cr-19.
MS-13 Member, Known as “Animal,” Sentenced to 40 Years in Prison for RICO Conspiracy Involving MurderRead the Press Release
BOSTON – An MS-13 member was sentenced yesterday in federal court in Boston for racketeering conspiracy involving the murder of a 15-year-old boy in East Boston.
Joel Martinez, a/k/a “Animal,” 23, a Salvadoran national formerly residing in East Boston, was sentenced to 40 years in prison and two years of supervised release. Martinez will be subject to deportation upon completion of his sentence. In December 2017, Martinez pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.
Martinez admitted that on Sept. 20, 2015, he murdered a 15-year-old boy on Trenton Street in East Boston. During recorded conversations between Martinez and a cooperating witness, Martinez acknowledged being a member of MS-13 and admitted that he stabbed the victim to death. Specifically, Martinez said, “I stabbed the culero three times,” and stated, “He stared at me and he asked me if I was going to, if I was going to stab him. I told him, ‘Yes, the Mara rules you.’” After the murder, Martinez was “jumped in” and made a “homeboy,” or full member of MS-13’s Eastside Loco Salvatrucha (ESLS) clique during a ceremony that was surreptitiously recorded by agents. When a prospective member is “jumped in,” members of the MS-13 clique beat the new member with their hands and feet while one of the leaders of the clique counts aloud slowly to thirteen.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Peter Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement.
MS-13 Member Admits Responsibility for Murder of 16-Year-Old East Boston Boy and Pleads Guilty to RICO Conspiracy Involving MurderRead the Press Release
BOSTON – An MS-13 member pleaded guilty today in federal court in Boston to racketeering conspiracy involving the murder of a 16-year-old boy in East Boston.
Jairo Perez, a/k/a “Seco,” 27, a Salvadoran national, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO or racketeering conspiracy. Perez admitted that his racketeering activity involved the Jan. 10, 2016, murder of a 16-year-old boy in East Boston.
Under the terms of the proposed plea agreement, Perez will be sentenced to 35 years in prison. At today’s hearing, the Court accepted the defendant’s guilty plea but deferred acceptance of the plea agreement until the sentencing hearing. Perez will be subject to deportation proceedings upon completion of his sentence. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for Sept. 11, 2018.
The investigation revealed that Perez was a member of MS-13’s Trece Loco Salvatrucha (TLS) clique. Evidence showed that on Jan. 10, 2016, Perez and other MS-13 members murdered a 16-year-old boy whom they believed to be a member of the rival 18th Street gang. The victim was stabbed and shot multiple times. A few days after the murder, Perez was caught on tape admitting to stabbing the victim multiple times, and he was arrested soon thereafter. Perez was also recorded burying the knives used to murder the victim in a park on Deer Island in Winthrop.
After a multi-year investigation, Perez was one of dozens of alleged leaders, members, and associates of MS-13 named in a superseding indictment unsealed in January 2016 that targeted MS-13’s criminal activities in Massachusetts. Perez is the 48th defendant to be convicted as part of that ongoing prosecution by the U.S. Attorney’s Office in Massachusetts. To date, all eight defendants who have gone to trial have been convicted, and 40 other defendants have pleaded guilty.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Peter Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement.
The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Luling Man Pleads Guilty to Violating the Federal Gun Control ActRead the Press Release
JONATHAN WHIPPLE, age 33, a resident of Luling, pled guilty today before United States District Judge Susie Morgan to an indictment charging him with being a felon in possession of a firearm, in violation of the Federal Gun Control Act announced U.S. Attorney Duane A. Evans.
WHIPPLE was indicted by a Federal Grand Jury on November 3, 2017 in a one count indictment for possessing a Smith & Wesson, Model 22LR semi-automatic rifle after having been convicted of two different felony drug offenses. WHIPPLE faces up to 10 years imprisonment, a fine of up to $250,000 and up to three years of supervised release following any term of imprisonment. The sentencing is set for August 21, 2018.
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.
U. S. Attorney Duane Evans praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution is being handled by Assistant United States Attorney David Haller.
Lower Brule Man Sentenced on Firearms ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on May 14, 2018, by U.S. District Judge Roberto A. Lange.
Lyle Wade Whitney, age 45, was sentenced to 15 months in custody, followed by 2 years of supervised release, forfeiture of firearms and ammunition, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Whitney was indicted by a federal grand jury on April 16, 2017. He pleaded guilty on February 5, 2018.
On May 16 and May 17, 2017, law enforcement executed search warrants on Whitney’s residence and property in Lower Brule, and seized 17 firearms, two of which had been stolen, a large amount of ammunition, and drug paraphernalia testing positive for methamphetamine, a Schedule II controlled substance. A urine sample taken from Whitney tested positive for marijuana and methamphetamine, and Whitney admitted to using methamphetamine on more than one occasion. Defendant agreed to forfeit his interest in all of the firearms and ammunition seized by law enforcement.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Bureau of Indian Affairs Crow Creek Agency, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Whitney was immediately turned over to the custody of the U.S. Marshals Service.
Leader of Rochester-Based Drug Trafficking Organization Sentenced to Twenty-Six Years in PrisonRead the Press Release
United States Attorney Gregory G. Brooker announced the sentencing of MARCO ANTONIO AVILA, 30, to 26 years in prison for his leadership role in a Rochester-based methamphetamine and cocaine distribution organization. AVILA, who pleaded guilty on May 30, 2017, was sentenced on May 21, 2018, by Judge Donovan W. Frank in United States District Court in Saint Paul, Minnesota.
According to the defendant’s guilty plea and documents filed in court, from December 2015 through June 2017, AVILA was the leader and facilitator of the Avila Drug Trafficking Organization (DTO), an extensive Rochester-based methamphetamine and cocaine distribution organization. AVILA’S connections served as the source of the supply of drugs, while AVILA managed the distribution and the profits. During this same time, AVILA’S DTO was also involved in an ongoing and violent shooting war with a rival drug trafficking organization in the Rochester area.
According to documents filed in court, on January 9, 2017, AVILA was indicted for his drug trafficking activities, and on May 28, 2017, he pleaded guilty to one count of conspiracy to distribute methamphetamine and cocaine. Following his guilty plea, while awaiting sentencing, AVILA was held in the Anoka County Adult Detention Facility. While in custody, between June 2017 and September 2017, AVILA continued to facilitate the supply and distribution of methamphetamine from inside the jail walls. AVILA was again charged on October 18, 2017, and on January 22, 2018, he pleaded guilty to a second count of conspiracy to distribute methamphetamine.
The separate prosecutions were the result of investigative efforts by the Bureau of Criminal Apprehension, the Southeast Minnesota Violent Crime Enforcement Team (SEMVCET), the Drug Enforcement Administration (DEA), the Anoka-Hennepin Drug Task Force, the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the Rochester Police Department, the St. Paul Police Department, the Worthington Police Department, the Southeast Minnesota Narcotics & Gang Task Force (S.E.T.F.), and the Minnesota State Patrol.
Assistant U.S. Attorney Allen A. Slaughter is prosecuting the case.
Defendant Information:
MARCO ANTONIO AVILA, 30
San Jose, California
Convicted:
- Conspiracy to distribute methamphetamine and cocaine, 1 count
- Conspiracy to distribute methamphetamine, 1 count
Sentenced:
- 312 months in prison
- 10 years of supervised release
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Kansas City Man Sentenced for Bank Robbery in Overland ParkRead the Press Release
KANSAS CITY, KAN. – A Kansas City man who used his smart phone to pass a note to a teller was sentenced Tuesday to 37 months in federal prison for robbing a bank, U.S. Attorney Stephen McAllister said.
Ryan Michael Cothern, 41, Kansas City, Mo., pleaded guilty to committing a robbery Oct. 3, 2017, at US Bank at 9900 W. 87th Street in Overland Park, Kan. Prosecutors said Cothern handed a teller his cell phone with a message that read, “Put the 100s, 50s and 20s in the bag.” When the teller hesitated, Cothern said, “Don’t do anything you shouldn’t do.” The teller put cash and a GPS monitoring device in the bag before pulling the alarm. Cothern was arrested near the 8300 block of Melrose Street.
McAllister commended the Overland Park Police Department, the FBI and Assistant U.S. Attorney Sheri Catania for their work on the case.
KC Woman Sentenced to 27 Years for Leading Meth, Heroin ConspiracyRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., woman was sentenced in federal court today for leading a conspiracy to distribute methamphetamine and heroin.
Evelyn L. Cooper, 46, of Kansas City, was sentenced by U.S. District Judge Gary A. Fenner to 27 years and six months in federal prison without parole.
On Dec. 21, 2017, Cooper pleaded guilty to leading a conspiracy to distribute more than 500 grams of methamphetamine and some amount of heroin from October 2015 until her arrest on Sept. 28, 2016.
Undercover officers from the Kansas City, Mo., Police Department and confidential informants working at the direction of law enforcement purchased methamphetamine and heroin from Cooper, as well as her co-defendant and boyfriend, Theodis D. Johnson, 42, of Kansas City, Mo., on several occasions in 2015 and 2016.
Law enforcement officers executed a search warrant at Cooper’s residence on Aug. 1, 2016, and recovered approximately 76.5 grams of methamphetamine and approximately 17 grams of heroin. On Sept. 14, 2016, law enforcement applied for and obtained a search warrant for Cooper’s Facebook account. Officers were able to estimate, conservatively, that 200 grams of methamphetamine was trafficked through Cooper’s account.
When Cooper and Johnson were arrested, Johnson was in possession of a loaded Taurus .380-caliber semi-automatic pistol.
Johnson pleaded guilty to his role in the conspiracy and was sentenced on May 1, 2018, to 20 years in federal prison without parole. Co-defendant Erin R. Markley, 36, of Kansas City, Mo., pleaded guilty to her role in the conspiracy and was sentenced on Jan. 16, 2018, to six years in federal prison without parole.
This case was prosecuted by Assistant U.S. Attorney Brad K. Kavanaugh. It was investigated by the Kansas City, Mo., Police Department.
Jury Finds Kalamazoo Man Guilty of Methamphetamine TraffickingRead the Press Release
Eight coconspirators pled guilty before trial.
GRAND RAPIDS, MICHIGAN – U.S. Attorney Andrew Birge announced today that, after four days of trial, a federal jury convicted Michael Donnell Neeley, age 39, of Kalamazoo, Michigan, of conspiring to distribute methamphetamine. Neeley, Noel Francisco Saldana, Jesus Manuel Ramirez-Luna, Thomas Lee Cowley, Sheryl Lynn Ayad, Thomas Lewillan Cowley, Jr., Justin Owen Smith, Robert Eugene Nichols, and David Leroy Strickler were charged in December 2017 with conspiracy to distribute and to possess with intent to distribute methamphetamine, and various other drug and firearm charges. All charged defendants have been convicted.
The conspiracy began in or around July 2016 when Noel Saldana, the conspiracy’s leader, and Thomas Lee Cowley met Phoenix-based methamphetamine supplier Jesus Ramirez-Luna. Thereafter, Ramirez-Luna supplied Saldana with pounds of methamphetamine on a monthly basis for further redistribution throughout Kalamazoo and Van Buren counties. Ramirez-Luna used the U.S. Postal Service and the United Parcel Service to ship methamphetamine to Saldana and his coconspirators in west Michigan. Saldana coordinated receipt of the methamphetamine deliveries with Thomas Lee Cowley and Sheryl Ayad. After receiving the methamphetamine, Saldana distributed it among Thomas Lee Cowley, Michael Donnell Neeley, Justin Owen Smith, and others for further distribution in west Michigan. The conspiracy ended in December 2017 when federal law enforcement arrested eight of the nine coconspirators on a criminal complaint and executed search warrants at eight locations tied to the conspiracy. Over the course of its investigation, law enforcement intercepted over 11 pounds of crystal methamphetamine from the mail.
In addition to the methamphetamine conspiracy charge, the jury also found Neeley guilty of possession with intent to distribute marijuana and possession of a firearm after a previous felony conviction. These latter two charges stemmed from over two pounds of marijuana and a firearm found inside Neeley’s residence during a search on December 4, 2017. The methamphetamine conspiracy charge carries a mandatory minimum term of 10 years’ imprisonment up to a maximum term of life imprisonment. Neeley will be sentenced on September 24, 2018.
His coconspirators, Noel Franscisco Saldana, Jesus Manuel Ramirez-Luna, Thomas Lee Cowley, Sheryl Lynn Ayad, Thomas Lewillan Cowley, Jr., Justin Owen Smith, and David Leroy Strickler, each pled guilty prior to trail to the conspiracy charge and also face a minimum of ten years and up to life in prison. Robert Eugene Nichols pled guilty to lesser charges and faces up to 96 months in prison. These coconspirators are scheduled to be sentenced in July and August.
The investigation was led by the Drug Enforcement Administration and assisted by the U.S. Postal Inspection Service and the Kalamazoo Valley Enforcement Team and the Southwest Enforcement Team, two state-based multijurisdictional narcotics task forces. Dubbed "Operation Crystal Misery," the investigation was part of the U.S. Department of Justice’s Organized Crime Drug Enforcement Task Forces (OCDETF) Program. Established in 1982, the OCDETF Program is designed to disrupt and dismantle major drug trafficking and money laundering organizations and related criminal enterprises by leveraging the resources and unique expertise of numerous federal agencies in a coordinated attack.
Assistant United States Attorneys Joel S. Fauson and Stephen P. Baker are handling the prosecution.
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Joplin Man Sentenced to 25 Years for Large-Scale Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – A Joplin, Mo., man was sentenced in federal court today for his role in a conspiracy to distribute large quantities of methamphetamine in southwest Missouri.
Santiago Soto-Garcia, 25, of Joplin, was sentenced by U.S. District Judge M. Douglas Harpool to 25 years in federal prison without parole.
On Nov. 2, 2017, Soto-Garcia was found guilty at trial of one count of participating in a conspiracy to distribute methamphetamine, one count of possessing methamphetamine with the intent to distribute, and one count of possessing firearms in furtherance of a drug-trafficking crime. Soto-Garcia was also convicted of a forfeiture allegation that requires him to forfeit to the government $7,000 that was seized by law enforcement officers and was derived from the proceeds of the conspiracy.
Co-defendants Destiny O’Brien, also known as “Destiny Smith,” 21, of Joplin, and Michael L. Gonzalez, also known as “Chavez,” 25, of Texas, have pleaded guilty and been sentenced for their roles in the drug-trafficking conspiracy and for possessing firearms in furtherance of the conspiracy.
Evidence introduced during the trial proved to the jury that Soto-Garcia and O’Brien, assisted by Gonzalez, were multiple-pound distributors of methamphetamine in the Joplin area from late 2014 to August 2015.
After an investigation that began in February of 2015, Soto-Garcia, O’Brien, and Gonzalez were arrested on Aug. 11, 2015, following a traffic stop by a Joplin police officer. Soto-Garcia was the driver of a silver 2006 BMW, with O’Brien a passenger in the front seat and Gonzalez in the rear driver’s side passenger seat. When Gonzalez rolled down his window, the officer saw two pistols on the floorboard by Gonzalez’s feet and all three defendants were instructed to get out of the vehicle. The Hi-Point .40-caliber firearm and the Kel-Tec .223-caliber firearm, along with loaded magazines, were removed from the vehicle.
After the occupants and the firearms were removed from the vehicle, a K-9 alerted to the presence of narcotics inside the BMW from outside of the vehicle. When the officer attempted to open the door of the vehicle to conduct an interior search, he found the doors were locked.
The officer determined that Soto-Garcia had locked the doors with the key fob for the BMW and asked Soto-Garcia for the key fob. Instead of handing the fob to the officer, Soto-Garcia took the fob out of his pocket and threw it under the patrol vehicle. As Soto-Garcia began struggling with the officers, O’Brien ran over to the patrol vehicle and obtained the key fob. O’Brien then resisted officers as well. After obtaining the fob and arresting O’Brien and Soto-Garcia, officers searched the vehicle. Joplin police officers found a package that contained approximately a pound of methamphetamine and then arrested Gonzalez as well.
That same day, investigators searched Soto-Garcia’s residence and found a Smith & Wesson .40-caliber handgun, a Tanfoglio .40-caliber handgun, a Sig Sauer 9mm handgun, a North American Arms 22-caliber magnum revolver, ammunition, a bullet-proof vest, a money counter, and approximately five grams of methamphetamine. Investigators then searched another residence being used as a stash house by Soto-Garcia and found a Phoenix Arms .22-caliber handgun and approximately 852.3 grams of methamphetamine hidden in an air vent.
This case was prosecuted by U.S. Attorney Timothy A. Garrison, Supervisory Assistant U.S. Attorney Randall C. Eggert and Special Assistant U.S. Attorney Jody Larison. It was investigated by the Drug Enforcement Administration, the FBI, ATF, the Missouri State Highway Patrol, the Joplin Police Department, and the Ozark Drug Enforcement Team.
Jasper Family Sentenced in DETCOG ConspiracyRead the Press Release
LUFKIN, Texas — A Jasper, Texas couple and their daughter have been sentenced to federal prison for conspiracy violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Walter Diggles, 66, his wife, Rosie Diggles, 64, both of Jasper, and their daughter, Anita Diggles, 42, of Houston, were convicted on Aug. 3, 2017, of conspiracy to commit wire fraud, wire fraud. Additionally, Walter Diggles was convicted of 11 counts of wire fraud, three counts of theft concerning programs receiving federal funds, and three counts of money laundering (engaging in monetary transactions in property derived from specified unlawful activity, here, wire fraud). Rosie Diggles was also convicted of ten counts of wire fraud and one count of money laundering (engaging in monetary transactions in property derived from specified unlawful activity, here, wire fraud).
Today, Walter Diggles was sentenced to 108 months in federal prison by U.S. District Judge Ron Clark, along with restitution to be paid to the government in the amount of $1,326,049.91. Rosie Diggles and Anita Diggles were each sentenced to 54 months in federal prison and were ordered to pay restitution jointly to the government in the amount of $971,143.57.
According to information presented in court, the defendants devised a scheme to obtain and make personal use of federal block grant funds that Congress appropriated following Hurricanes Rita, Katrina, Ike, and Dolly. These funds were made available to the State of Texas, which in turn contracted with several councils of governments within the state to assist in administering and distributing the funds. Walter Diggles was the Executive Director of the Deep East Texas Council of Governments during this time and used his position to approve inflated billing rates and requests for reimbursement of federal block grant funds while Rosie Diggles and Anita Diggles prepared many of the requests. Additionally, Walter Diggles engaged in activities and approved requests for block grant funds that were fraudulent in nature and all the defendants spent significant amounts of the excess funds on personal expenses. The Diggles were indicted by a federal grand jury on Dec. 2, 2015.
“The defendants stole from the taxpayers, and these kinds of frauds take money away from real people – disaster victims,” said Joseph Brown, U.S. Attorney for the Eastern District of Texas. “This was an appropriate sentence, and hopefully it will help deter some of this type of behavior the next time.”
“Offenders who abuse the public trust inherently are more culpable. The defendants made a conscious decision to deceive and benefit personally at the expense of the citizens of the State of Texas,” said Tamera Cantu, IRS Special Agent In Charge of the Dallas Field Office. “Today’s sentences underscore our commitment to work in a collaborative effort to promote honest and ethical government at all levels and to prosecute those who violate the public’s trust.”
"Today's sentencing is the result of an outstanding collaborative effort between the U.S. Attorney's Office, Eastern District of Texas (Lufkin Division), the Federal Bureau of Investigation, the Internal Revenue Services-Criminal Investigation Division, Homeland Security Investigations, the U.S. Department of Housing and Urban Development, and the Texas State Auditor's Office," said HSI Houston Special Agent in Charge Mark B. Dawson. "By working together as a team, we were able to bring justice to the hurricane victims to whom the funds were intended to aid."
This case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service-Criminal Investigation, the U.S. Department of Homeland Security / Homeland Security Investigations, the U.S. Department of Housing and Urban Development, and the Texas State Auditor’s Office. This case was prosecuted by Assistant U.S. Attorneys Tom Gibson and James Noble.
Jamaican Citizen Charged with Violating Federal Firearms LawsRead the Press Release
PITTSBURGH, Pa. – A Jamaican man has been indicted by a federal grand jury in Pittsburgh on charges of violating various federal firearm laws, United States Attorney Scott W. Brady announced today.
The three-count indictment named Kevin Ruddock, 34, of a citizen of Jamaica residing in Penn Hills, Pennsylvania, as the sole defendant.
According to the indictment presented to the court, Ruddock knowingly gave false information on an application to purchase a Ruger Model 9E, 9 millimeter handgun, in violation of federal law. Federal law prohibits anyone who is illegally or unlawfully in the United States, or who is an alien admitted to the United States under a non-immigrant visa, from possessing a firearm. The indictment alleges that on March 13, 2017, Ruddock falsely claimed that he was a United States citizen on the form submitted to Dick’s Sporting Goods when he purchased the Ruger. The indictment further alleges that on March 16, 2018, Ruddock possessed the Ruger, along with 123 rounds of ammunition, and that the possession was illegal both because Ruddock was admitted into the United States on a non-immigrant visa and because he was in the United States at the time of his possession illegally and unlawfully having overstayed his visa.
The law provides for a maximum total sentence of 30 years in prison, a fine of $750,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government. 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 United States Immigration and Customs Enforcement/Homeland Security Investigations, United States Postal Inspection Service, and the Pennsylvania State Police conducted the investigation leading to the indictment in this case. The Bureau of Alcohol, Tobacco, Firearms and Explosives also provided assistance to the investigators.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Illegal Alien Sentenced to More Than Four Years for Illegal Reentry and Firearm OffensesRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Aniceto Aguirre-Cardenas (57) to four years and three months in federal prison for possessing a firearm as a convicted felon, for possessing a firearm as an illegal alien, and for illegally reentering the United States following deportation. He pleaded guilty on March 8, 2018.
According to court documents, Aguirre-Cardenas was convicted in 1993 for conspiracy to distribute marijuana, distribution of marijuana, and using/carrying a firearm during a drug trafficking crime. He was sentenced to 12 years and 6 months’ imprisonment and was removed from the United States in 2003. On June 25, 2017, Aguirre-Cardenas was found to be back in the United States without permission after the Volusia County Sheriff’s Office conducted a traffic stop of a vehicle in which he was a passenger. Law enforcement officers recovered a revolver from underneath Aguirre-Cardenas’s seat. Numerous rounds of ammunition, baggies containing more than 24 grams of cocaine, and drug trafficking paraphernalia were also recovered from the vehicle.
“This criminal alien thought he could ignore the laws of our nation,” said HSI Tampa Special Agent In Charge James C. Spero. “Our HSI special agents, along with our Volusia County Sheriff’s Office partners, have made our communities a safer place with this criminal behind bars.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Volusia County Sheriff’s Office. It was prosecuted by Special Assistant United States Attorneys Christina Downes and Brandon Bayliss.
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.
Hinesville Career Criminal Sentenced to 151 Months for Dealing Heroin, Opioids and Other NarcoticsRead the Press Release
SAVANNAH, GA: Juan Carlos Negron, 34, of Hinesville, Georgia, was sentenced today by United States District Court Judge William T. Moore, Jr., to 151 months in prison for conspiring to possess with intent to distribute and to distribute quantities of heroin, cocaine, ecstasy, methamphetamine, Xanax, marijuana, and opioids such as OxyContin and oxycodone. There is no parole in the federal system.
Evidence presented during Negron’s guilty plea and sentencing hearings revealed that Negron began dealing drugs in 2001 and is a career criminal, having been convicted twice before for dealing narcotics in Liberty County. Negron’s drug trafficking history began with Negron dealing marijuana, graduated to Negron dealing prescription pain medications, and culminated in the current case with Negron dealing heroin and other drugs out of his residence in Hinesville, Georgia. Through its investigation, law enforcement identified Negron as the most prolific heroin dealer in the Liberty and Chatham County areas, between 2015 and 2016. Negron, unemployed since 2012, supplied other local dealers and served individual customers from his home. Negron occasionally sent his young son outside while users injected heroin in the kitchen; the child waited in a rocking chair as a stream of addicts passed him by.
United States Attorney Bobby L. Christine said, “To all those who seek to profit illegally from the addiction of others, let the prosecution of Juan Carlos Negron serve as a stark reminder that the office of the United States Attorney will labor tirelessly to see that you are held accountable.”
"The GBI-SRDEO and its partners are committed to investigating and holding those persons involved in the illegal distribution of narcotics accountable,” Assistant Special Agent in Charge Lindsey Smith, of the Georgia Bureau of Investigation, stated. “Today's sentencing of Negron was the culmination of hard work and dedication by law enforcement officers who seek to improve the communities they serve.”
Negron’s case was investigated by the Georgia Bureau of Investigation and the Liberty County Sheriff’s Office. Assistant United States Attorney Jennifer G. Solari prosecuted the case on behalf of the United States. For additional information, please contact (912) 652-4422.
Hebron Man Sentenced to 78 Months in PrisonRead the Press Release
HAMMOND – Daniel Bender, 52 years old, of Hebron, Indiana, was sentenced by U.S. District Court Judge Joseph S. Van Bokkelen on his plea of guilty to receipt of child pornography, announced U.S. Attorney Thomas L. Kirsch II.
Bender was sentenced to 78 months in prison followed by 5 years supervised release, along with $35,000 restitution.
According to documents in this case, in April 2016, a Task Force Officer (TFO) with the FBI Indianapolis Division reported activity on a file-sharing network. The activity on this network was monitored with the TFO using specialized law enforcement software. The TFO downloaded and observed videos containing child pornography, specifically of prepubescent girls and boys engaged in sex acts with adults. The IP address related to these downloads was tracked to Bender’s home address. A search warrant was executed, recovering over 5500 images and 1900 videos of children and infants being sexually exploited, abused, tortured and raped.
This case is the result of the investigative efforts of the FBI and was handled by Assistant U.S. Attorney Maria N. Lerner.
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Hartford Man Guilty of Sex Trafficking of MinorsRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that a federal jury in New Haven today found TONEY KELSEY, also known as “Blaze,” 26, of Hartford, guilty of sex trafficking of minors. The trial before Chief U.S. District Judge Janet C. Hall began on May 15.
According to the evidence at trial, in late May 2015, KELSEY recruited a 17-year-old female to work in prostitution with the profits to be split evenly between them. On the day they met, KELSEY engaged in sexual activity with the minor victim. KELSEY posted advertisements on the Backpage and Cityvibe websites soliciting customers for the minor victim, and the minor victim saw prostitution clients at hotels in the greater Hartford area in May and June 2015. The minor victim was then recovered by law enforcement.
In November 2016, KELSEY used his Facebook account to contact a second minor victim, who was 15 years old at the time. KELSEY asked the minor victim if she wanted to earn “fast money” giving “sexual favors” to clients and promised the minor victim $300 per hour. The minor victim represented that she was 17 years old and KELSEY responded “Cool u old enough.” KELSEY picked up the minor victim at her house and took her to his Hartford residence. From there, KELSEY arranged “missions,” or prostitution appointments, for the minor victim, and KELSEY drove her to the appointments. During this time, KELSEY, the minor victim and two other individuals were involved in a car accident. The next day, KELSEY had arranged prostitution appointments for the minor victim at the Cityside Inn on the Berlin Turnpike in Wethersfield. At the motel, one prospective client arranged by KELSEY decided not to engage in sexual activity with the minor victim because of the scars on her face sustained during the car accident.
On the morning of November 18, 2016, KELSEY left the minor victim and another female at the Cityside Inn. Wethersfield Police recovered the minor victim near the motel.
The jury found KELSEY guilty of one count of conspiracy to commit sex trafficking of a minor and two counts of sex trafficking of minors.
During the trial, the jury also heard evidence of a third minor victim, a 17-year-old girl that KELSEY contacted through a social media application in May 2016. KELSEY posted a photograph of the minor victim on Backpage, where he solicited prostitution clients for her. He then drove the minor victim to two prostitution appointments.
KELSEY has been detained since his arrest by Wethersfield Police on related state charges on November 30, 2016.
Chief Judge Hall scheduled sentencing for August 14, 2018, at which time KELSEY faces a minimum term of imprisonment of 10 years and a maximum term of life imprisonment.
This investigation has been conducted by the Federal Bureau of Investigation, Connecticut State Police, Homeland Security Investigations, Wethersfield Police Department and Hartford Police Department, through the Connecticut Human Trafficking Task Force. The case is being prosecuted by Assistant U.S. Attorneys Sarala V. Nagala and Marc H. Silverman.
Harrison County residents admit to roles in heroin distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Clarksburg, West Virginia, woman and a Bridgeport, West Virginia man have admitted to their roles in a heroin distribution operation, United States Attorney Bill Powell announced.
Alexandra D. Coffman Mitchell, also known as “Ali,” age 25, pled guilty today to one count of “Maintaining Drug-Involved Premises – Aiding and Abetting.” Mitchell admitted to leasing or renting a place in Clarksburg to distribute heroin in March 2016.
David W. Lipscomb, age 35, pled guilty today to one count of “Aiding and Abetting the Distribution of Heroin.” Lipscomb admitted to selling heroin in Harrison County on March 15, 2016.
Mitchell is facing up to 20 years incarceration and a fine of up to $500,000. Lipscomb is facing up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Traci M. Cook is prosecuting the cases on behalf of the government. The Greater Harrison Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Guatemalan Man Sentenced to Prison for Illegally Returning to the United States Following Prior DeportationRead the Press Release
A Guatemalan man who illegally returned to the United States was sentenced May 21, 2018, to almost three months in federal prison.
Juan Bernal-Brito, age 27, a citizen of Guatemala illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a April 5, 2018 guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Bernal-Brito admitted he had previously been deported from the United States on February 8, 2013, and that he illegally reentered the United States without the permission of the United States government. On February 14, 2018, Bernal-Brito was found by immigration officers during a traffic stop in Cedar Rapids, Iowa. Bernal-Brito claimed to have illegally reentered the United States on December 10, 2017.
Bernal-Brito was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Bernal-Brito was sentenced to 84 days’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system. Bernal-Brito is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 18-CR-09-LRR.
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Guatemalan Citizen Sentenced for Illegal Re-entryRead the Press Release
ALBANY, NEW YORK – Felix Oliverio Chacaj Lucas, age 44, and a citizen of Guatemala, was sentenced today to time served (22 days in jail), for illegal re-entry into the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
As part of his guilty plea, Chacaj Lucas admitted that he was removed from the United States to Guatemala on May 17, 2012. On May 1, 2018, ICE Officers arrested Chacaj Lucas in Catskill, Greene County, New York.
Following his sentencing, Chacaj Lucas was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Grosse Pointe Park Man Sentenced on Fraud Scheme Involving Distribution of Infectious Human RemainsRead the Press Release
A Grosse Pointe Park resident was sentenced today to 108 months in federal prison after having been convicted earlier this year by a jury on charges of wire fraud, transportation of hazardous material, and false statements in a scheme involving the distribution of body parts, some that tested positive for diseases, including HIV and hepatitis, announced United States Attorney Matthew Schneider.
Schneider was joined in the announcement by Special Agent in Charge Timothy R. Slater, Federal Bureau of Investigation, Detroit Division; Regional Special Agent-in-Charge Thomas J. Ullom, U.S. Department of Transportation - Office of Inspector General; Officer in Charge Elizabeth Harton of the Centers for Disease Control and Prevention, Division of Global Migration & Quarantine and Arizona Attorney General Mark Brnovich.
Sentenced was Arthur Rathburn, 63. Rathburn was convicted on 7 of the 9 wire fraud counts and the count alleging illegal transportation of hazardous material. He was acquitted of the false statement count.
“We hope this sentence brings closure to the victims of Arthur Rathburn,” stated United States Attorney Matthew Schneider. “Rathburn’s disgraceful conduct not only put the health of innocent people at risk, he showed a complete lack of regard for the donors and their families, who are all victims.”
“Arthur Rathburn carried out a long term, complex scheme to increase his personal profits, showing little respect to the donors and risking the welfare of those in the medical and dental community relying on human remains free from hepatitis, HIV, and other dangerous diseases,” said Timothy R. Slater, Special Agent in Charge of the Detroit FBI. “His sentence represents the FBI’s commitment to partner with our federal and state colleagues in the U.S. Department of Transportation, the Centers for Disease Control and Prevention, and the Arizona Attorney General, to ensure the community is protected from fraudulent actions, regardless of how they are undertaken and irrespective of the sophistication of the fraud. The FBI continues to work collectively across the country to find and bring those profiteering in the anatomical donation industry to justice.”
According to evidence presented during the two-week trial, Arthur Rathburn was the owner and operator of International Biological, Inc. (“IBI”). IBI’s primary function was renting human body parts, such as heads and torsos, to customers who used the remains for medical or dental training. Rathburn engineered a scheme to defraud in which IBI obtained donated bodies and body parts from suppliers, which IBI would then typically dismember and rent out to customers for medical or dental training. Rathburn knew that the donors of a number of these bodies had died of an infectious disease, or that the bodies had tested positive for an infectious disease. IBI sometimes obtained diseased remains from their suppliers at a reduced cost, due to the fact that end users of human remains generally reject infectious bodies and body parts for use in medical or dental training.
It was part of the scheme that Rathburn would provide human remains to IBI’s customers, falsely representing to those customers that the remains were free of certain infectious diseases. Rathburn was aware that IBI’s customers would not accept remains infected with certain diseases. The scheme included directly profiting from infectious remains supplied to unwitting customers in violation of contractual agreements and failing to disclose to customers that IBI ignored industry standard precautions to prevent potential cross-contamination between infectious and non-infectious remains.
Evidence further demonstrated that Arthur Rathburn willfully caused to be delivered hazardous material regulated by the Department of Transportation, namely a human head of an individual known to have died from bacterial sepsis and aspiration pneumonia, to Delta Cargo, an air carrier, for transportation in air commerce in violation of federal regulations. In violation of these regulations, the human head was packaged in a trash bag placed within a camping cooler. Seven other human heads were also part of the shipment and packed in the same manner. Large quantities of liquid blood were found within the coolers.
The investigation in this case was handled by the Federal Bureau of Investigation, the Centers for Disease Control and Prevention, the Arizona Attorney General’s Office, and the U.S. Department of Transportation, Office of Inspector General with support from U.S. Customs and Border Protection and Homeland Security Investigations. Special thanks are also due to the Wayne County Medical Examiner’s Office for their critical assistance. The case is being prosecuted by Assistant U.S. Attorneys John K. Neal and Timothy J. Wyse.